14 12 16 agenda supplements

Date of Meeting: December 16, 2014

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

From (name, title, department and who submitting on behalf of, if any): Rebekah de la Fuente, Interim City Secretary Subject: Call to Order, includes the following:

A. Certification of Public Notice. B. Invocation. C. Pledge of Allegiance. D. Roll Call. E. Christmas Tree Lighting Ceremony.

Background: A. Mayor will Call to Order and certify Public Notice. B. Pastor Bob Slade from Love of Christ Church will lead the invocation. C. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. D. Records Specialist 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 6:00 p.m.

Standardized Agenda Request Form

Weslaco City Commission Regular Meeting

Page 1 December 16, 2014

David Suarez, Mayor Olga M. Noriega, Mayor Pro-Tem, District 2

David R. Fox, Commissioner, District 1 Greg Kerr, Commissioner, District 3

Gerardo “Jerry” Tafolla, Commissioner, District 4 Lupe V. Rivera, Commissioner, District 5

Fidel L. Pena, III, Commissioner, District 6

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




Agenda Item No. (to be assigned by CSO): III. A and VII. A

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Planning Director/City Engineer, on behalf of Dora Alejandro Subject: Discussion and consideration to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s On- Premise and Late Hours at 2901 W Hwy 83, also being 1.7295 acres of Farm Tract 626, West Tract Subdivision, Weslaco, Hidalgo County, Texas. Background: The applicant is requesting to obtain Wine and Beer Retailer’s On- Premise and Late Hours. Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on November 17, 2014. Thirteen (13) property owners within 200 ft. of the applicant’s property were notified by letter on November 21, 2014. Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [ ] Mayor’s Signature [x] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 12/3/14, recommends approval with the conditions(1) establishment must have security guards during operating hours Friday and Saturday and from 10pm to closing on Wednesday to Thursday (2) hours of operation will be from 6pm to 2am from Wednesday through Saturday Recommendation for Commission Action: Staff recommends approval with provisions set by Planning & Zoning Commission Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant





Agenda Item No. (to be assigned by CSO): III. B and VII. B

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Planning Director/City Engineer, on behalf of Katherine Gonzalez Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 730 Victory Dr., also being Lots 7-12, Blk 2, Villa Vista Subdivision, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-4 Neighborhood Office District. Background: The applicant is requesting to rezone this property from R-1 Single Family Dwelling District to B-4 Neighborhood Office District. Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on November 17, 2014. Forty (40) property owners within 200 ft. of the applicant’s property were notified by letter on November 21, 2014. Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [x ] Mayor’s Signature [x] Public Hearing [ ] Budget Amendment [ ] Resolution [x ] Ordinance – First Reading [ x] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 12/3/14, recommends denial Recommendation for Commission Action: Staff recommends denial Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for rezone with attachments. Responsibilities upon Approval: Planning staff will advise applicant





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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Planning Director/City Engineer, on behalf of William Denem Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 416 E 18th St., also being West Tract AN IRR TR E15.4`-N 295`FT 751 & W132.6`-N295`FT 751 1.00 acres, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-1 Neighborhood Business District. Background: The applicant is requesting to rezone this property from R-1 Single Family Dwelling District to B-1 Neighborhood Business District. Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on November 17, 2014. Sixteen (16) property owners within 200 ft. of the applicant’s property were notified by letter on November 21, 2014. Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [x ] Mayor’s Signature [x] Public Hearing [ ] Budget Amendment [ ] Resolution [x ] Ordinance – First Reading [ x] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 12/3/14, recommends approval Recommendation for Commission Action: Staff recommends approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for rezone with attachments. Responsibilities upon Approval: Planning staff will advise applicant




A REGULAR MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, DECEMBER 2, 2014

On this 2nd day of December 2014 at 5:33 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 David Suarez Mayor Pro-Tem Olga Noriega Commissioner David R. Fox Commissioner Greg Kerr Commissioner Gerardo “Jerry” Tafolla Commissioner Lupe Rivera Commissioner Fidel L. Pena, III

Interim City Manager Elizabeth Walker

Records Specialist Nikki Mowbray Interim City Attorney Frank Garza Also present: Juan Salas, IT Department; Sonia Flores, Assistant Finance Director; David Salinas, Public Utilities Director, Trinidad Cantu, Assistant Public Utilities Director; Mardoqueo Hinojosa, City Engineer/Interim Planning Director; Interim Chief Chris Sanchez, Fire Department; Ted Walensky, Police Department; David Arce, Parks and Recreation Director; Veronica Ramirez, Human Resources Director; Olga Garza, Public Facilities Assistant Director; George Garrett, Airport Director; Arnold Becho, Library Director; Martin Mata, Library Assistant Director; and other staff members and citizens. I. CALL TO ORDER

A. Certification of Public Notice. Mayor Suarez called the meeting to order and certified the public notice of the meeting as properly posted Wednesday, November 26, 2014.

B. Invocation. Deacon Juan Delgado from San Martin de Porres delivered the invocation.

C. Pledge of Allegiance. Mayor Suarez recited the Pledge of Allegiance and Mayor-Pro Tem Noriega recited the Texas flag.

D. Roll Call. Nikki Mowbray, Records Specialist, called the roll, noting perfect attendance.

II. PUBLIC COMMENTS



There were no public comments received.

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

A. Approval of the Minutes of the Regular Meeting on November 18, 2014. (Staffed by City Secretary’s Office.) Attachment.

B. Approval on Second and Final Reading of the following:

1. Ordinance 2014-20, amending Ordinance 320 and the City of Weslaco Zoning map to rezone 4019 Moreland Drive, also being Lot 2, Royal Subdivision, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-2 Secondary and Highway Business District. (First reading held November 18, 2014; Staffed by Planning and Code Enforcement Department.) Attachment.

2. Ordinance 2014-21, amending Ordinance 320 and the City of Weslaco Zoning map to rezone 1609 Davenport St., also being Lots 2-7, Block 7, Davenport Subdivision #1, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-4 Neighborhood Office District. (First reading held November 18, 2014; Staffed by Planning and Code Enforcement Department.) Attachment.

3. Ordinance 2014-22, amending Ordinance 320 and the City of Weslaco Zoning

map to rezone 1902 East 18th Street, also being 6.48 acres of Farm Tract 770, West Tract Subdivision, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to R-2 Duplex and Apartment District. (First reading held November 18, 2014; Staffed by Planning and Code Enforcement Department.) Attachment.

C. Approval of the request by San Martin de Porres Catholic Church to host the Our Lady of Guadalupe Romeria Parade on Friday, December 12, 2014 from 6:00 p.m. – 8:00 p.m. on Pike Boulevard from Texas Boulevard to Westgate Drive, Westgate Drive to Corpus Christi, and Corpus Christi to Anacuita, and authorize the Mayor to execute any related documents as may be required by the Texas Department of Transportation for proposed street closure affecting state right-of-way. (Requested by San Martin de Porres Catholic Church.) Attachment.

D. Authorization for the Mayor Joe V Sánchez Public Library to permit authors and presenters to sell their associated books or merchandise upon approval from the



Library Director when providing a free program to the public. (Staffed by Library Department.) Attachment.

E. Approval of a request by Aurora House Foundation to utilize Harlon Block Sports Complex on February 7, 2015 from 7 a.m. – 12 noon for a charity walk-a-thon, and authorize the Mayor to execute any related documents as may be required by the Texas Department of Transportation for proposed street closure affecting state right-of-way. (Requested by Aurora House.) Attachment.

F. Authorizations to submit a new application for an American Express Corporate Card – Points Program Card Holder for the City of Weslaco, authorize a budget amendment to redeem the points program, and authorize the Mayor and/or Card Holder to execute any related documents. (Staffed by Finance Department.) Attachment.

G. Acceptance of 121 Home Depot gift cards valued at $500.00 each with a total value of $60,500.00, redeemed through the American Express Corporate Card Program Points, authorize a budget amendment as appropriate, and authorize the Mayor and/or Card Holder to execute any related documents. (Staffed by Finance Department.) Attachment.

H. Approval of Resolution 2014-47, appointing Elizabeth Walker, Interim City Manager and Rosalinda Palomo, Accountant as Authorized Representatives to conduct business with TexPool Participant Services, and authorize the Mayor to execute any related documents. (Staffed by Finance Department). Attachment.

I. Approval of Resolution 2014-63 amending Resolution 2013-98 authorizing the Mayor and City Commissioners to exercise certain powers identified with BBVA Compass Bank, including opening accounts, transferring funds, securing safe deposit boxes, and making inquiries pertaining to accounts and authorize the Mayor and City Commissioners to execute any related documents. (Requested by Finance Department.) Attachment.

J. Approval of Resolution 2014-64 amending Resolution 2013-99 authorizing the Mayor and City Commissioners to exercise certain powers identified with Plains Capital Bank, including opening accounts, transferring funds, securing safe deposit boxes, and making inquiries pertaining to accounts and authorize the Mayor and City Commissioners to execute any related documents. (Requested by Finance Department.) Attachment.

K. Approval of Resolution 2014-62 amending Resolution 2010-20 establishing a retention period for all volunteer applications through September 30 of the year filed, and authorize the Mayor to execute any related documents. (Staffed by City Manager’s Office.) Attachment.

L. Authorization to solicit a request for proposals for Fines and Fees Collection Services of delinquent municipal accounts, authorize a budget amendment as needed, and



authorize the Mayor to execute any related documents. (Staffed by Municipal Court.) Attachment.

M. Authorization to solicit a request for proposals for the forensic audit for the design and construction cost of the Water Treatment Plant Expansion Project, authorize a budget amendment as needed, and authorize the Mayor to execute any related documents. (Requested by Commissioner Kerr and Commissioner Pena.) Mayor Pro-Tem Noriega requested III. M be withdrawn from the consent agenda for further consideration. Commissioner Pena, seconded by Commissioner Rivera, moved to approve items III. A, B, C, D, E, F, G, H, I, J, K, and L as presented. The motion carried unanimously; Mayor Suarez was present and voting. For the record, the Ordinances read as follows:

ORDINANCE NO. 2014-20 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF 4019 MORELAND DRIVE, ALSO BEING LOT 2, ROYAL SUBDIVISION, WESLACO, HIDALGO COUNTY, TEXAS, FROM R-1 ONE FAMILY DWELLING DISTRICT TO B-2 SECONDARY AND HIGHWAY BUSINESS DISTRICT BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: R-1 Single Family Dwelling District to B-2 Secondary and Highway Business District, Lot 2 of Royal Subdivision,, also being 4019 Moreland Drive, Weslaco, Hidalgo County, Texas. SECTION II: That this ordinance shall become effective upon its passage. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 18th day of November, 2014.

PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 2nd day of December, 2014.

CITY OF WESLACO /s/David Suarez MAYOR

ATTEST: /s/ Rebekah de la Fuente, INTERIM CITY SECRETARY

APPROVED AS TO FORM: /s/ Frank Garza, INTERIM CITY ATTORNEY

ORDINANCE NO. 2014-21



AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF 1609 DAVENPORT ST., ALSO BEING LOTS 2-7, BLK 7, DAVENPORT SUBDIVISION #1, WESLACO, HIDALGO COUNTY, TEXAS, FROM R-1 ONE FAMILY DWELLING DISTRICT TO B-4 NEIGHBORHOOD OFFICE DISTRICT BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: R-1 One Family Dwelling District to B-4 Neighborhood Office District, being Lots 2-7, Blk 7, Davenport Subdivision #1, Weslaco, Hidalgo County, Texas, also being 1609 Davenport St., Weslaco, Hidalgo County, Texas. SECTION II: That this ordinance shall become effective upon its passage. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 18th day of November, 2014.

PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 2nd day of December, 2014.





AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF 1902 EAST 18TH ST., ALSO BEING LOTS 1, AVOCADO HEIGHTS SUBDIVISION, WESLACO, HIDALGO COUNTY, TEXAS, FROM R-1 ONE FAMILY DWELLING DISTRICT TO R-2 DUPLEX AND APARTMENT DISTRICT. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: R-1 One Family Dwelling District to R-2 Duplex and Apartment District, being Lots 1, Blk 7, Avocado Heights Subdivision, Weslaco, Hidalgo County, Texas, also being 1902 East 18th St., Weslaco, Hidalgo County, Texas. SECTION II: That this ordinance shall become effective upon its passage. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 18th day of November, 2014. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 2nd day of December, 2014.






IV. APPOINTMENTS

A. Discussion and consideration to remove three members from the Planning and Zoning Commission and approve Resolutions 2014-48, 2014-49, and 2014-50 appointing three members to those unexpired terms. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment. Mayor Pro-Tem Noriega, seconded by Commissioner Pena, moved to remove Ricardo Quintanilla, Juan Gonzalez and Humberto Jorge Chavez from the Planning and Zoning Commission, and appointed Juan Jose Trevino, Lazaro Cardenas and Clemente Mena to those unexpired terms. The motion carried unanimously; Mayor Suarez was present and voting. For the record, the Resolutions read as follows:

RESOLUTION NO. 2014-48

A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE PLANNING AND ZONING COMMISSION BOARD.

WHEREAS, the City of Weslaco created and established the Planning and Zoning Commission Board pursuant to Subsection 2-36 of Ordinance No. 291, as codified in the City of Weslaco Code of Ordinances. WHEREAS, the terms of the members of this board are for three years; and WHEREAS, the Planning and Zoning Commission Board members shall serve without compensation and unlimited terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Juan Jose Trevino is appointed to serve on the Planning and Zoning Commission Board and your term will expire on 3rd day of December, 2017. PASSED AND APPROVED on this 2nd day of December, 2014.

CITY OF WESLACO

/s/David Suarez MAYOR







WHEREAS, the City of Weslaco created and established the Planning and Zoning Commission Board pursuant to Subsection 2-36 of Ordinance No. 291, as codified in the City of Weslaco Code of Ordinances. WHEREAS, the terms of the members of this board are for three years; and WHEREAS, the Planning and Zoning Commission Board members shall serve without compensation and unlimited terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Lazaro Cardenas is appointed to serve on the Planning and Zoning Commission Board and your term will expire on 3rd day of December, 2017. PASSED AND APPROVED on this 2nd day of December, 2014.

CITY OF WESLACO






WHEREAS, the City of Weslaco created and established the Planning and Zoning Commission Board pursuant to Subsection 2-36 of Ordinance No. 291, as codified in the City of Weslaco Code of Ordinances. WHEREAS, the terms of the members of this board are for three years; and WHEREAS, the Planning and Zoning Commission Board members shall serve without compensation and unlimited terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Clemente Mena is appointed to serve on the Planning and Zoning Commission Board and your term will expire on 3rd day of December, 2017. PASSED AND APPROVED on this 2nd day of December, 2014.



CITY OF WESLACO




B. Discussion and consideration approve Resolutions 2014-51, 2014-52, 2014-53, 2014-54, 2014-55, 2014-56 and 2014-57 to appoint members to the Economic Development Corporation of Weslaco to terms as assigned. Possible action. (Amended Articles of Formation Filed; Staffed by the Economic Development Corporation of Weslaco.) Attachment. Mayor Suarez, seconded by Commissioner Pena, moved to appoint Rick Talbert, Joe Olivarez, Martin Masso, Rodolfo Cisneros, G Stephen Charlton, Mari Fuentes-Martin, and Cynthia Cabaza to the Economic Development Corporation to terms as assigned. The motion carried unanimously; Mayor Suarez was present and voting. For the record, the Resolutions read as follows:


A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE BOARD OF DIRECTORS OF THE ECONOMIC DEVELOPMENT CORPORATION OF WESLACO

WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Joe Olivarez is appointed to a term as a member of the Board of Directors of the Economic Development Corporation. PASSED AND APPROVED on this 2nd day of December, 2014.



APPROVED AS TO FORM:



/s/ Frank Garza, INTERIM CITY ATTORNEY



WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Rick Talbert is appointed to a term as a member of the Board of Directors of the Economic Development Corporation. PASSED AND APPROVED on this 2nd day of December, 2014.






WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Martin Masso is appointed to a term as a member of the Board of Directors of the Economic Development Corporation. PASSED AND APPROVED on this 2nd day of December, 2014.

CITY OF WESLACO








WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Rodolfo Cisneros is appointed to a term as a member of the Board of Directors of the Economic Development Corporation. PASSED AND APPROVED on this 2nd day of December, 2014.






WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF



WESLACO, TEXAS THAT G Stephen Charlton is appointed to a term as a member of the Board of Directors of the Economic Development Corporation. PASSED AND APPROVED on this 2nd day of December, 2014.






WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Mari Fuentes-Martin is appointed to a term as a member of the Board of Directors of the Economic Development Corporation. PASSED AND APPROVED on this 2nd day of December, 2014.






WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and



WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Cynthia Cabaza is appointed to a term as a member of the Board of Directors of the Economic Development Corporation. PASSED AND APPROVED on this 2nd day of December, 2014.




C. Discussion and consideration to approve Resolutions 2014-58, 2014-59, and 2014-60 appointing three members to expired terms on the Animal Shelter Advisory Committee. Possible action. (Staffed by Planning & Code Enforcement Department.) The Interim City Manager clarified that Dr. Edelstein and Mr. Joe Pedraza’s terms had expired, and a new City Official would need to be elected to fill Mr. Leonardo Olivares’ position on the board. Commissioner Pena, seconded by Commissioner Kerr, moved to reappoint Dr. Edelstein and Mr. Pedraza, and appointed Interim City Manager Elizabeth Walker to serve on the Animal Shelter Advisory Committee. The motion carried unanimously; Mayor Suarez was present and voting. For the record, the Resolutions read as follows:

RESOLUTION NO. 2014-58 A RESOLUTION OF THE CITY OF WESLACO ONE APPOINTING MEMBER TO THE ANIMAL SHELTER ADVISORY COMMITTEE

WHEREAS, Ordinance 2012-2 establishes an Animal Shelter Advisory Board that will assist the City of Weslaco in complying with the requirements of Chapter 823 of The Texas Health and Safety Code and will be codified as Division 8 of Chapter 22 of The Code of Ordinances; and WHEREAS, The Animal Shelter Advisory Committee shall assist the City of Weslaco in complying with the requirements of Chapter 823 of The Texas Health and Safety Code; and WHEREAS, The Animal Shelter Advisory Committee will be composed of one (1) veterinarian, one (1) City of Weslaco official, one (1) person whose duties include the daily operation of an animal shelter and one (1) representative from an animal welfare organization and one (1) citizen of the City of Weslaco; and



WHEREAS, each member shall be appointed by the City Commission of the City of Weslaco; and the members of this Committee will hold office for a term length staggered as assigned; and WHEREAS, the Animal Shelter Advisory Committee members shall serve without compensation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Elizabeth Walker is appointed to the Animal Shelter Advisory Committee for a term as assigned. PASSED AND APPROVED on this 2nd day of December 2014.





WHEREAS, Ordinance 2012-2 establishes an Animal Shelter Advisory Board that will assist the City of Weslaco in complying with the requirements of Chapter 823 of The Texas Health and Safety Code and will be codified as Division 8 of Chapter 22 of The Code of Ordinances; and WHEREAS, The Animal Shelter Advisory Committee shall assist the City of Weslaco in complying with the requirements of Chapter 823 of The Texas Health and Safety Code; and WHEREAS, The Animal Shelter Advisory Committee will be composed of one (1) veterinarian, one (1) City of Weslaco official, one (1) person whose duties include the daily operation of an animal shelter and one (1) representative from an animal welfare organization and one (1) citizen of the City of Weslaco; and WHEREAS, each member shall be appointed by the City Commission of the City of Weslaco; and the members of this Committee will hold office for a term length staggered as assigned; and WHEREAS, the Animal Shelter Advisory Committee members shall serve without compensation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Steve Edelstein is appointed to the Animal Shelter Advisory Committee for a term as assigned. PASSED AND APPROVED on this 2nd day of December 2014.


ATTEST:



/s/ Rebekah de la Fuente, INTERIM CITY SECRETARY



WHEREAS, Ordinance 2012-2 establishes an Animal Shelter Advisory Board that will assist the City of Weslaco in complying with the requirements of Chapter 823 of The Texas Health and Safety Code and will be codified as Division 8 of Chapter 22 of The Code of Ordinances; and WHEREAS, The Animal Shelter Advisory Committee shall assist the City of Weslaco in complying with the requirements of Chapter 823 of The Texas Health and Safety Code; and WHEREAS, The Animal Shelter Advisory Committee will be composed of one (1) veterinarian, one (1) City of Weslaco official, one (1) person whose duties include the daily operation of an animal shelter and one (1) representative from an animal welfare organization and one (1) citizen of the City of Weslaco; and WHEREAS, each member shall be appointed by the City Commission of the City of Weslaco; and the members of this Committee will hold office for a term length staggered as assigned; and WHEREAS, the Animal Shelter Advisory Committee members shall serve without compensation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Joe Pedraza is appointed to the Animal Shelter Advisory Committee for a term as assigned. PASSED AND APPROVED on this 2nd day of December 2014.




D. Discussion and consideration to remove two members and approve Resolution 2014-61 appointing a member and an alternate member to the Lower Rio Grande Valley Development Council (LRGVDC). Possible action. (Staffed by Planning & Code Enforcement Department.) Attachment. Commissioner Pena, seconded by Mayor Pro-Tem Noriega, moved to appoint Major Suarez as member and Mayor Pro-Tem Noriega as the alternate member. The motion carried unanimously; Mayor Suarez was present and voting. For the record, the Resolution reads as follows:




THE STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

APPOINTING A MEMBER AND AN ALTERNAT MEMBER TO THE LOWER RIO GRANDE VALLE DEVELOPMENT COUNCIL (LRGVDC)

WHEREAS, the Lower Rio Grande Valley Development Council (LRGVDC) has requested that a City of Weslaco elected official serve as the official member to its Board of Directors; and WHEREAS, the LRGVDC further has requested that a City of Weslaco elected official serve as the alternate member of the LRGVDC Board of Directors; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO that Mayor David Suarez be appointed as the official member to serve in the LRGVDC Board of Directors. BE FURTHER RESOLVED that Mayor Pro-Tem Olga Noriega be appointed as the alternate member to serve in the LRGVDC Board of Directors and a copy of this Resolution shall be delivered to the Lower Rio Grande Valley Development Council office to evidence these appointments. PASSED AND APPROVED this 2nd day of December 2014.




VIII. EXECUTIVE SESSION At 5:55 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 7:47 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public.

IX. POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION

A. Pending Litigation – Consult with Special Assigned Counsel Arnold Aguilar regarding Civil Action No. M-13-395, DKIII Hornback Enterprises, Ltd., Plaintiff, v. John Cuellar, Guadalupe Rivera, Jerry Tafolla, Leo Olivarez, and Jose Martinez, David Fox and the City of Weslaco, Defendants in U.S. District Court for the Southern District of Texas, McAllen Division as authorized by §551.071 of the Texas Government Code. There was no action on this item.



B. Pending Litigation - Discussion with City Attorney and Special Counsel regarding

Cause No. C-081-13 B Weslaco Health Facilities Development Corporation v. Knapp Medical Center, et.al. as authorized by §571.074 of the Government Code. (Requested by Mayor Suarez and Mayor Pro-Tem Noriega.) There was no action on this item.

C. Pending Litigation – Discussion with City Attorney regarding Cause No. CCD-0033-F In The Matter of Proceedings By The City of Weslaco, Texas for The Condemnation of Certain Property of Ricardo Oliva pursuant to §551.071 of the Texas Government Code. (Requested by Mayor Suarez and Mayor Pro-Tem Noriega.) Mayor Pro-Tem Noriega, seconded by Commissioner Pena, moved to replace current defense counsel Keith Livesay with Francisco Garza on behalf of the City of Weslaco. The motion carried with Commissioner Kerr abstained from the vote; Mayor Suarez was present and voting.

III. CONSENT AGENDA

M. Authorization to solicit a request for proposals for the forensic audit for the design and construction cost of the Water Treatment Plant Expansion Project, authorize a budget amendment as needed, and authorize the Mayor to execute any related documents. (Requested by Commissioner Kerr and Commissioner Pena.) Mayor Pro-Tem Noriega, seconded by Commissioner Kerr, moved to authorize the solicitation of a request for proposals for the external audit for the design and construction cost of the Water Treatment Plant Expansion Project, authorize a budget amendment as needed, and authorize the Mayor to execute any related documents. The motion carried unanimously; Mayor Suarez was present and voting.

V. OLD BUSINESS

A. Discussion and consideration to approve Ordinance 2014-18 on the Second and Final Reading regarding the voluntary annexation of Sinai Subdivision also being the 4.24 acre tract of land out of Farm Tract No. 708, West & Adams Tract Subdivision, Weslaco, Hidalgo County, Texas, located east of Mile 3 ½ West, approximately 2,027 feet north of Mile 6 North Road. Possible action. (This item was tabled November 18, 2014; first reading held October 21, 2014. Staffed by Planning and Code Enforcement.) Attachment. Commissioner Kerr, seconded by Commissioner Pena, moved to re-table this item until the next regular meeting. The motion carried unanimously; Mayor Suarez was present and voting.

B. Ordinance 2014-19, amending Ordinance 320 and the City of Weslaco Zoning map to



rezone 3602 North Texas Blvd., also West Tract Northwest 1.25 acres an Irrigation Tract S228’-N558’-W345’ of Farm Tract 109, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-4 Neighborhood Office District. (First reading held November 18, 2014; Staffed by Planning and Code Enforcement Department.) Attachment. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve Ordinance 2014-19 to rezone 3602 North Texas Blvd. as B-4 Neighborhood Office District. The motion carried unanimously; Mayor Suarez was present and voting. Mr. Mardoqueo Hinojosa stated the property is identified for future land use as B-1 Neighborhood Business District; B-4 Neighborhood Office District is intended for the downtown area of Weslaco as opposed to the Texas Blvd. corridor. In response to Mayor Suarez, Mr. Hinojosa recommendation was to rezone the property as B-1 Neighborhood Business District. Commissioner Tafolla, seconded by Commissioner Rivera, moved to withdraw their motion to approve Ordinance 2014-19 to rezone 3602 North Texas Blvd. as B-4 Neighborhood Office District. The motion carried unanimously; Mayor Suarez was present and voting. Commissioner Pena, seconded by Commissioner Fox, moved to table the item until the next regular meeting. The motion carried unanimously; Mayor Suarez was present and voting.

VI. NEW BUSINESS

A. Discussion and consideration to approve the addendum to the Professional Services Agreement with Garcia and Pena, CPAs to perform Hotel/Motel Occupancy Tax Program Audit for the past ten fiscal years, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Finance Department.) Attachment. There was no action on this item.

B. Discussion and consideration to approve Ordinance 2014-23, prohibiting the sale, exhibition, and possession of fireworks within the City of Weslaco, and authorize the Mayor to execute any related documents. First Reading of Ordinance 2014-23. Possible action. (Staffed by Fire Department.) Attachment. Interim Chief Chris Sanchez explained that although this fireworks ordinance had been considered previously, it was never adopted in Municode; he is currently revisiting how to put it into Municode. In response to Commissioner Pena, Mr. Sanchez stated this ordinance would be enforced by the police and the fire marshal; the penalty for any violation of the ordinance is up to a $1,000.00 fine.



Interim City Attorney Frank Garza pointed out the language of the ordinance was very general, and recommended revising it for the second reading. Commissioner Pena, seconded by Mayor Pro-Tem Noriega, moved to approve Ordinance 2014-23, prohibiting the sale, exhibition, and possession of fireworks within the City of Weslaco, and authorized the Mayor to execute any related documents. The motion carried unanimously; Mayor Suarez was present and voting.

C. Discussion and consideration to approve Ordinance 2014-24, establishing the construction and maintenance of sidewalks and curbs on private property throughout the city for the safety and convenience of pedestrians, and authorize the Mayor to execute any related documents. First Reading of Ordinance 2014-24. Possible action. (Staffed by Planning & Code Enforcement Department.) Attachment. In response to Commissioner Pena, Mr. Mardoqueo Hinojosa stated this ordinance would allow the Commission to begin working on the transition plan, and would allow the City to enforce sidewalks in older subdivisions. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve Ordinance 2014-24, establishing the construction and maintenance of sidewalks and curbs on private property throughout the city for the safety and convenience of pedestrians, and authorize the Mayor to execute any related documents. The motion carried unanimously; Mayor Suarez was present and voting.

D. Discussion and consideration to award the best qualified, most advantageous bidder for Request For Bids No. 2014-15-02 for the rehabilitation of the Sanitary Sewer Manhole on 18th Street in an amount not to exceed $40,450.00, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities Department.) Attachment. The Interim City Manager stated it was staff’s recommendation to award Southern Trenches as the best qualified, most advantageous bidder. David Salinas stated this item was for new concrete and sealer for the 13 manholes between Bridge Street and Border Avenue. Commissioner Pena, seconded by Commissioner Rivera, moved to award Southern Trenches as the best qualified, most advantageous bidder for Request For Bids No. 2014-15-02 for the rehabilitation of the Sanitary Sewer Manhole on 18th Street in an amount not to exceed $40,450.00, authorized a budget amendment as appropriate, and authorized the Mayor to execute any related documents. The motion carried unanimously; Mayor Suarez was present and voting.

E. Discussion and consideration to award the best qualified, most advantageous bidder for Request For Bids No. 2014-15-01 for electrical services for the Water and Wastewater Treatment Plants and Lift Stations, authorize a budget amendment as



appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities Department.) Attachment. Mr. David Salinas stated only one bid was received; he then recommended J.C. Electric as the best qualified, most advantageous bidder. The Interim City Manager explained that criteria in the Request for Bid specifically stated the contractors must be certified, so this is potentially limited the number of respondents. Mr. Salinas clarified this contract would be for one year with renewals. Commissioner Pena, seconded by Commissioner Fox, moved to award J.C. Electric as the best qualified, most advantageous bidder for Request For Bids No. 2014-15-01 for electrical services for the Water and Wastewater Treatment Plants and Lift Stations, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. The motion carried unanimously; Mayor Suarez was present and voting.

F. Discussion and consideration to award the best qualified, most advantageous bidder for Request For Bids No. 2014-15-06 for Sodium Thiosulfate for the Water and Wastewater Treatment Plants and Lift Stations in the amount of $0.142 per pound, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities Department.) Attachment. In response to Commissioner Rivera, Mr. David Salinas stated this would cost approximately $38,000 per year at a price of $0.142, which is a very low price in comparison to the other bids received. Commissioner Tafolla, seconded by Commissioner Rivera, moved to award Southern Ionics as the best qualified, most advantageous bidder for Request For Bids No. 2014-15-06 for Sodium Thiosulfate for the Water and Wastewater Treatment Plants and Lift Stations in the amount of $0.142 per pound, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. The motion carried unanimously; Mayor Suarez was present and voting.

G. Discussion and consideration to award the best qualified, most advantageous bidder Request For Bids No. 2014-15-04 Sodium Hypochlorite to for the Water and Wastewater Treatment Plants and Lift Stations in the amount of $0.0927 per pound, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities Department.) Attachment. Mr. David Salinas clarified these chemicals would be for the Water Treatment Plant; the price for these chemicals has already been budgeted. Although the price is somewhat higher than the budgeted amount, it is the lowest price that was received.



Commissioner Pena, seconded by Mayor Pro-Tem Noriega, moved to award DPC Industries as the best qualified, most advantageous bidder for Request For Bids No. 2014-15-04 Sodium Hypochlorite to for the Water and Wastewater Treatment Plants and Lift Stations in the amount of $0.0927 per pound, authorized a budget amendment as appropriate, and authorized the Mayor to execute any related documents. The motion carried unanimously; Mayor Suarez was present and voting.

H. Discussion and consideration to reject all bids from Request For Bids No. 2014-15-03 Dewatering Containers and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities Department.) Attachment. The Interim City Manager stated it was less expensive to rent than to buy the dewatering containers. Commissioner Fox, seconded by Commissioner Tafolla, moved to reject all bids from Request For Bids No. 2014-15-03 Dewatering Containers and authorized the Mayor to execute any related documents. The motion carried unanimously; Mayor Suarez was present and voting.

I. Discussion and consideration to approve the Memorandum of Understanding to extend the Collective Bargaining Agreement through September 30, 2015 with the Weslaco Fire Fighters Association IAFF, Local #3207, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Requested by the Weslaco Fire Fighters Association.) Attachment. Mr. Felix Sanchez of the Weslaco Fire Fighters Association clarified this Memorandum of Understanding would extend the current agreement for one more fiscal year, and would allow for negotiations to begin. Commissioner Fox, seconded by Commissioner Pena, moved to approve the Memorandum of Understanding to extend the Collective Bargaining Agreement through September 30, 2015 with the Weslaco Fire Fighters Association IAFF, Local #3207, authorized a budget amendment as appropriate, and authorized the Mayor to execute any related documents. The motion carried unanimously; Mayor Suarez was present and voting.

K. Discussion and consideration to increase the matching contribution to the Firemen’s Pension Fund from ten to twelve percent and establishing an effective date of December 21, 2014 for such actions, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Requested by the Weslaco Firemen’s Pension Board.) Attachment. The Chairman of the Fire Fighter’s Pension Fund explained the members elected to increase the matching contribution from ten to twelve percent; any amount greater than twelve percent.



The Interim City Manager stated the two percent increase would translate to a fiscal impact of $58,618 for the City this year. In response to Mayor Suarez and Mayor Pro-Tem Noriega, the Chairman explained the reason why it had taken so long to present this item to the Commission when it should have been presented during the budget hearings in September and October was for the reason that the members had not yet made a decision, and the board members were new at that time. Commissioner Pena, seconded by Commissioner Fox, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

L. Discussion and consideration to authorize to solicit a request for proposals to conduct a cross study to identify fiscal and operational efficiencies for the Water, Wastewater, and Lift Station systems, authorize a budget amendment as needed, and authorize the Mayor to execute any related documents.. Possible action. (Requested by Mayor Suarez and Commissioner Pena.) Commissioner Pena stated he wanted an external cross study conducted to analyze costs of the Water, Wastewater and Lift Station Systems for the last five years. Commissioner Pena, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

VII. REPORTS

A. Report on the Prioritization List of the Capital Outlay Fund Year 2015 towards City Park Projects by Parks and Recreation Department. Attachment. Mr. David Arce reported on the prioritization list of the city’s park projects for the year 2015, including new scoreboards, ground covers and playgrounds for the parks, as well as the rehabilitation of the Harlon Block Sports complex and the development of an adult softball league. Also included on the priority list is a new swimming pool and restroom for Isaac Rodriguez Park, a playground and restroom for City Park, and a pavilion for Gibson Park. Due to a number of citizen complaints received, Mayor Pro-Tem Noriega advised Mr. Arce to maintain focus on the cleanliness of the restrooms.

B. Report on the Professional Service Agreement with the Interim City Attorney. Attachment. This report was not discussed.

X. ADJOURNMENT



With no other business before the Commission, at 9:10 p.m. Mayor Pro-Tem Noriega, seconded by Commissioner Pena, moved to adjourn the December 2, 2014 regular meeting. The motion carried unanimously; Mayor Suarez was present and voting.

CITY OF WESLACO

MAYOR, David Suarez ATTEST: INTERIM CITY SECRETARY, Rebekah de la Fuente

MAYOR PRO-TEM, Olga Noriega

COMMISSIONER, David R. Fox

_______

COMMISSIONER, Greg Kerr COMMISSIONER, Gerardo “Jerry” Tafolla COMMISSIONER, Lupe Rivera COMMISSIONER, Fidel L. Pena, III



With no other business before the Commission, at 9:10 p.m. Mayor Pro-Tem Noriega, seconded by Commissioner Pena, moved to adjourn the December 2, 2014 regular meeting. The motion carried unanimously; Mayor Suarez was present and voting.

CITY OF WESLACO

MAYOR, David Suarez ATTEST: INTERIM CITY SECRETARY, Rebekah de la Fuente

MAYOR PRO-TEM, Olga Noriega

COMMISSIONER, David R. Fox

_______

COMMISSIONER, Greg Kerr COMMISSIONER, Gerardo “Jerry” Tafolla COMMISSIONER, Lupe Rivera COMMISSIONER, Fidel L. Pena, III




AN ORDINANCE PROHIBITING THE SALE, EXHIBITION AND POSSESSION OF FIREWORKS WITHIN THE CITY OF WESLACO, AND ORDAINING OTHER MATTERS WITH RESPECT TO THE SUBJECT MATTER HEREOF.

BE IT ORDAINED BY THE WESLACO CITY COMMISSION THAT: SECTION I

Ordinance 2014-23, which will be codified in the City of Weslaco Code of Ordinances as Chapter 51 and Titled “Firework Ordinance,” prohibiting the sale, exhibition, and possession of fireworks within the City of Weslaco, which shall after second and final reading read as follows in The City of Weslaco Code of Ordinances:

Chapter 51 Firework Ordinance

SECTION II- GENERAL Sec. 51-01. - Definitions.

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

Fireworks means and includes any firecrackers, cannon crackers, skyrockets, torpedoes, Roman candles, sparklers, squibs, fire balloons, star shells, gerbs or any other substance in whatever combination by any designated name intended for use in obtaining visible or audible pyrotechnic display, and such term shall include all articles or substances within the commonly accepted meaning of fireworks, whether specifically designated and defined in this section or not.

Sec. 51-02. - General prohibition against manufacture, sale, discharge, transportation, etc.; city-sponsored holiday fireworks displays. (a). Except as otherwise specifically provided in this article, it shall be unlawful for any person

to manufacture, assemble, store, transport, receive, keep, sell, offer for sale, use, discharge, cause to be discharged, ignite, detonate, fire or have in his possession any fireworks of any description within the corporate limits of the city or within a distance of 5,000 feet from the corporate limits of the city as they now exist or as may be adjusted by annexations.

(b). It is an affirmative defense to prosecution for possession of fireworks brought under this ordinance that:

1. The defendant was operating or was a passenger in a motor vehicle that was being operated in a public place; and

(2) the fireworks were not in the passenger area of the vehicle.



(3) for the purpose of subsection (b), “passenger area” of a motor vehicle means the area of the vehicle designed for the seating of the operator and the passengers of the vehicle. The term does not include:

a. a locked glove compartment or similar locked storage area;

b. the trunk of a vehicle; or

c. the area behind the last upright seat of a vehicle that does not have a trunk.

(c). Possession and use of fireworks by pyrotechnics shall be allowed in connection with a city-sponsored fireworks display in celebration of a recognized holiday, such as the Fourth of July and New Year's, under the following conditions:

(1) The site of the display has been previously approved by the fire marshal;

(2) The display is within ten days of a federal, state or city holiday, and is in connection with a public holiday celebration;

(3) The display is to be held under the supervision of the fire marshal or his representative. It is unlawful for any person or entity, in conducting such a display or storing or transporting explosives preparatory to such an event, to fail to adhere to all specifications and directions of the fire department representative supervising such event.

Sec. 51-03. - Discharge in connection with plays, circuses and other shows. It shall not be unlawful, upon a permit issued by the fire marshal, for any person engaged in

any organized play, legitimate theatrical performance, circus or other show designed for the amusement and edification of the general public to use, discharge or cause to be discharged and ignited fireworks as a part of any act, performance, play or circus, so long as such person does not also engage in the retailing, wholesaling, selling or distributing of any of such fireworks. The fire marshal shall cause to be made an investigation of each application made under this section to determine whether the use of such fireworks as proposed shall be of such a character that it may be hazardous to property or dangerous to any person, and he shall, in the exercise of reasonable discretion, grant or deny the application for such permit.

Sec. 51-04. - Illegal fireworks as nuisance; seizure, destruction, etc. The presence of any fireworks within the corporate limits of the city or within a distance of

5,000 feet from the corporate limits of the city as such limits now exist or as may be adjusted by annexations, in violation of this article, is hereby declared to be a common and public nuisance. The fire marshal is directed and required to seize and cause to be safely destroyed any fireworks found in violation of this article, and any member of the fire prevention division of the fire department or any police officer of the city or any other duly constituted peace officer is empowered to stop the transportation of and detain any fireworks found being transported illegally or too close any building where any fireworks are found illegally until the fire marshal can be notified, in order that such fireworks may be seized and destroyed in accordance with the terms of this section. Notwithstanding any penal provision of this article, the city attorney is authorized to file suit on behalf of the city or the fire marshal, or both, for such injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping or use of fireworks within the corporate limits of the city and to aid the fire marshal in the discharge of his duties and to particularly prevent any person from interfering with the seizure and destruction of such



fireworks, but it shall not be necessary to obtain any such injunctive relief as a prerequisite to such seizure and destruction.

Sec. 51-05. - Certain signal flares, torpedoes and rockets excluded from article.

This article shall not apply to signal flares and torpedoes of the type and kind commonly used by any railroads, which signal flares and torpedoes are received by and stored or transported by any railroad for use in railroad operation; nor shall this article apply to any marine signal flare or rocket of the type and kind commonly carried by a vessel at sea for its own use and which signal flare or rocket is transported or received or stored for use only as ship's stores; nor shall this article apply to signal flares or rockets for military or police use.

Sec. 51-06. - Right of entry. The fire marshal or any member of the fire prevention division of the city is hereby

authorized to enter any building where the unlawful presence of fireworks is suspected in order to inspect such building for the presence of such fireworks.

Sec. 51-07. - Penalty for violation of article. (a) Any person violating this article, may, upon conviction, be fined as follows:

(1) The offense shall be punishable by a fine not to exceed $500.00 if all of the fireworks stored, transported, received, kept or possessed are of types and sizes that are permissible for retail sale under the general laws of the state and if the combined value of the fireworks is $20.00 or less.

(2) The offense shall be punishable by a fine not to exceed $1,000.00 if any of the fireworks stored, transported, received, kept or possessed are of a type or size that is not permissible for retail sale under the general laws of the state or the combined value of the fireworks is more than $20.00.

(3) The aforesaid value of the fireworks shall be the fair market value at retail sale of the fireworks as based upon prevailing prices at the time of the offense in places within the county at which fireworks may lawfully be sold. If an alleged offense does not occur during a time period in which fireworks may be lawfully sold at retail pursuant to state law, then the value shall be determined as of the last preceding time period during which the retail sale of fireworks was permitted pursuant to state law.

(b) Any person who shall use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action any fireworks in violation of this article shall be fined as provided in section Sec. 51-07 (a) above. Any parent or guardian of any minor child below the age of 14 years or any other person who permits or allows such minor child to possess, use, discharge, ignite, detonate, fire or otherwise set in action any fireworks in violation of this article shall be fined as provided in section Sec. 51-07 (a) above.

Sec. 51-08. - a. Notwithstanding the prohibition of fireworks as provided in this ordinance, a person

engaged in the business of selling fireworks prior to the enactment of this ordinance, may continue to sell and possess fireworks until January 2, 2015.

Secs. 51-09—51-20. - Reserved. SECTION III - PUBLIC DISPLAYS



Sec. 51-10. - When permitted.

The provisions of section 1 of this article shall not apply to a public display of fireworks made under the terms and conditions of this division, and such a display shall be permitted upon compliance with the provisions of this division.

Sec. 51-11. - Permit—Application; fee. (a) Provided they are qualified professional pyrotechnics, any adult or any entity may apply for

a permit under the provisions of this division. Any such person or entity planning to make a public display of fireworks shall first make written application for a permit to the fire marshal at least 30 days in advance of the date of the proposed display, and simultaneously pay an application fee of $500.00.

(b) Possession and use of fireworks by pyrotechnics shall be allowed with a permit in connection with a fireworks display in celebration of a recognized holiday under the following conditions:

(1) The site of the display has been previously approved by the fire marshal;

(2) The display is within ten days of a federal, state or city holiday, and is in connection with a public holiday celebration; and

(3) The display is to be held under the supervision of the fire marshal or his representative. In addition to other violations contained in this chapter, it shall be unlawful for any person in conducting such a display, or storing or moving explosives preparatory to such an event, to fail to adhere to all specifications and directions of the fire department representative supervising such event.

Sec. 51-12. - Same—Issuance or denial; term; transferability. It shall be the duty of the fire marshal to make an investigation as to whether the display, as

proposed by the applicant for a permit under this division, shall be of such a character that it may be hazardous to property or dangerous to any person, and he shall, in the exercise of reasonable discretion, grant or deny the application, subject to the conditions prescribed in this division. If the application is approved, a permit shall be issued for the public display by the fire marshal. Such permit shall be for a period of time designated on the permit but shall not exceed seven days, and the permit shall not be transferable. If the application is denied by the fire marshal, he shall notify the applicant of the denial in writing.

Sec. 51-13. - Same—Insurance or bond required. The applicant for a display permit under this division shall, at the time of making

application, furnish proof that the applicant carries compensation insurance for his employees as provided by the laws of the state, and he shall file with the fire marshal a certificate of insurance evidencing the carrying of public liability insurance, including bodily injury liability, in the limits of $250,000.00 per each person and $1,000,000.00 for each accident, and property damage liability insurance in the limits of $500,000.00, issued by an insurance carrier authorized to transact business in the state, for the benefit of the person named therein as insured, as evidence of ability to respond in damages in at least the above amounts, to be approved by the fire marshal.

Sec. 51-14. - Only aerial display permitted; range of display; use of steel tubes required.



Any fireworks display authorized under this division shall be limited to an aerial display. The fireworks shall be discharged vertically from steel tubes, paper mortars, fiberglass mortars, or high density polyethylene (HDPE) mortars.

Sec. 51-15. - Time and number of displays. No display authorized by this division shall be commenced prior to the hour of 1:00 p.m. on

any day, nor later than 10:00 p.m. Sundays through Thursdays nor later than 11:00 p.m. on Fridays and Saturdays; provided, however, that regardless of the day of the week, fireworks displays may be commenced on December 31 of any year as early as 10:00 p.m. and through 1:00 a.m. of the following day, if such displays comply with all other requirements of this Code. Any display authorized by this division shall be completed within one hour after the time the display is commenced, and no permit shall authorize more than two displays within any 24-hour period.

Sec. 51-16. - Materials not to be stored in city. The material to be used for a public display authorized by this division shall not be stored

within the city limits but shall be brought in on the day of the public display and then shall be taken immediately to the place of display for further handling and storage.

Sec. 51-17. - Hazardous conditions prohibited. No public display of fireworks shall be of such a character and so located, discharged or

fired as to be hazardous or dangerous to persons or property, and this determination shall be within the sound discretion of the fire marshal.

Sec. 51-18. - Qualifications of persons handling fireworks. The persons handling the display of fireworks under this division shall be competent, adult

persons and experienced pyrotechnic operators approved by the fire marshal. No person not approved by the fire marshal shall handle fireworks at the public display. The names of the experienced pyrotechnic operators shall be designated on the permit issued.

Sec. 51-19. - Firefighters to be present; charges; exceptions. For each public display of fireworks under this division, not less than one firefighter of the

city shall be in attendance at the display, at the expense of the applicant. The fire chief or fire marshal may require a standby firefighting unit, at the expense of the applicant. Charges for the attendance of any firefighter and any standby firefighting unit shall be in addition to permit application and other applicable fees. These charges shall be paid prior to permit issuance or at such time or times as directed by the fire marshal. Provided, however, no city firefighters and/or standby firefighting unit shall be required at a public display, and no charge for the same shall be made, if the applicant has available at the display adequate firefighting capabilities which have been approved by the fire marshal prior to issuance of the permit.

PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 2nd day of December 2014. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this _____ day of ________, 2014. CITY OF WESLACO



_________________________ David Suarez, MAYOR ATTEST: ___________________________________ Rebekah de la Fuente, INTERIM CITY SECRETARY APPROVED AS TO FORM: ___________________________________ Frank Garza, CITY ATTORNEY



ORDINANCE 2014-24 AN ORDINANCE REPEALING ORDINANCE NUMBER 33, THE CITY OF WESLACO STREETS AND SIDEWALKS ORDINANCE; CODIFIED AS CHAPTER 118 OF THE WESLACO CODE OF ORDINANCES, ADOPTING NEW REGULATIONS; AND ORDAINING OTHER MATTERS WITH RESPECT TO THE SUBJECT MATTER HEREOF.

BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO TEXAS THAT: SECTION I. Ordinance 33 passed and approved on March 20, 1928 as “Streets and Sidewalks Ordinance” and Codified as Chapter 118 of the Weslaco Code of Ordinances is hereby repealed in its entirety. SECTION II. After second and final reading of this Ordinance the new streets and sidewalk ordinance will be adopted and codified as Chapter 118 of the Weslaco Code of Ordinances and said Chapter shall read as follows:

CHAPTER 118 STREETS AND SIDEWALKS ORDINANCE

Sec. 118.01 Generally

This chapter provides for the construction of maintenance of sidewalks and curbs on private property throughout the city for the safety and convenience of pedestrians. This chapter is enforced by the Americans with Disabilities Act (ADA) Coordinator. ADA Coordinator is the Director of Planning or Designee. Sec. 118.02 Design Standards

(a) All sidewalks installed within the city shall comply with city design standards for width, location, construction material, finish, appearance and structural quality. “City design standards,” as that term is used in this article, shall meaning the following:

1) Sidewalks shall be constructed of concrete unless otherwise approved by the planning department

2) Sidewalks in residential areas shall be four feet in width.



3) Sidewalks in multi-family/commercial or industrial areas shall be five in width.

4) Sidewalks in residential zones shall be constructed a minimum of two feet from the back of curb unless otherwise approved by the planning department.

5) If physical constraints, sidewalk continuity, urban type development or other factors require sidewalks to be placed against the back of curb, the width of the sidewalk shall be increased to a minimum of five feet. In locations where buildings are typically constructed at the property line (for example area zoned B-3 central business district), the minimum sidewalk width shall either be:

i. 7.5 feet; or ii. The distance between the property line and the leading edge of the

street or the back edge of the curb is applicable is said distance is less than 7.5 feet.

6) “Meandering” sidewalks are permitted but shall be no closer than four feet from the back of curb at the nearest point.

7) If any connection opportunities exist, sidewalk must be connected. (b) Sidewalks and related sidewalk ramps shall conform to Americans with

Disabilities Act (ADA) and Texas Accessibility Standards requirements. (c) The specific design and location of all sidewalks must be in accordance with the

current subdivision sidewalk plan however if no such plan exists as part of the subdivision the design and location shall be reviewed by the planning department before being approved. Sec. 118.03 Newly-developing areas.

(a) Sidewalks are required on both sides of all publicly-maintained streets within the city.

(b) The location and design of sidewalks shall normally be determined during the subdivision process or if subdivision has already occurred then at the site review/ building process access.

(c) Due to the potential damage sidewalks can incur during the construction of homes and other buildings, sidewalks should not be installed until building work has been completed on individual properties. Exceptions may be made for streets that are without direct property access.



(d) Implementation and construction costs of all sidewalks in newly developing areas shall be paid by the developer, builder or property owner. The city shall not be liable for any sidewalk implementation or construction cost.

(e) All required sidewalks shall be installed prior to final inspection or issuance of a certificate of occupancy.

Sec. 118.04 Redeveloping areas

(a) A redeveloping or redeveloped area, as those terms are used in this chapter means

the issuance of a building permit for construction that equals or exceeds 50 percent of the appraised value of any existing improvements as determined by the appraisal district in which the property is located.

(b) Sidewalks shall be required in redeveloping areas in the same manner as in “newly developing areas” when redevelopment occurs.

(c) The cost of required sidewalks shall be paid for by the developer, builder or property owner; the city will not participate in the cost.

(d) All required sidewalks shall be installed prior to final inspection or issuance of a certificate of occupancy.

Sec. 118.05 Existing developed areas (a) New sidewalks. New sidewalks may be installed in existing developed areas by

either of the following methods: 1) By the property owner at the property’s owner expense. Property owners

may construct sidewalks along their property frontage at their expense. Sidewalks constructed by individual property owners shall conform to the city design standards and will be inspected by the city at no expense to the property owner.

i. Sidewalks constructed by private property owners must be constructed by qualified contractors under permit by the planning and code enforcement department.

2) By the city at city’s expense. The city may install sidewalks to enhance the safety and convenience of pedestrians. Priority is given to continuous sidewalks that serve a higher number of pedestrians on more heavily- traveled streets or where children typically walk to schools, parks and community centers. City staff prioritizes locations and these are approved by city commission annually. The number of sidewalks constructed each year is dependent upon funding availability. The city may also install sidewalks as part of a city-funded street reconstruction or public building construction project.



(b) Replacement sidewalks. The maintenance and repair of sidewalks is the responsibility of each individual property owner. The city reserves the right to inspect all sidewalks within city rights-of-way and to notify property owners to make repairs when sidewalks become unsafe.

1) Examples of conditions rendering sidewalks unsafe shall include but not be limited to:

i. Uneven sidewalks ii. Broken concrete

iii. Overgrown weeds. 2) Where sidewalks repair or replacement is impractical due to physical

conditions or lack of right-of-way, the city may elect to remove the sidewalk and return the property to grass.

Sec. 118.06 Sidewalk plans

(a) Sidewalk plans shall be required for any new subdivision and shall be submitted during platting process and shall also contain the following information:

1) Location of sidewalks, landings, and curb ramps. 2) Design specifications and details. 3) Identify the party responsible for the construction of the sidewalks.

(b) Sidewalk plans will be reviewed during the subdivision process and approved by the city planning department.

Sec. 118.07 Special provisions If special conditions make sidewalks construction infeasible, unnecessary or undesirable, and such conditions have been verified by city staff, the sidewalk requirement may be waived. Such waivers shall be only granted by the board of adjustments and upon submission of an application requesting a hearing before the board of adjustments. Sec. 118.08 Depositing trash, etc., in streets It shall be unlawful to throw any dirt, filth, broken glass, wire, tin cans, or other matter that endangers the safe use of the streets. Sidewalks must be clear of obstructions impeding pedestrian flow, according to ADA regulations. Regulation is enforced by Code Enforcement Department.



Sec. 118.09 Enforcement and penalties; severability A violation of any provisions of this chapter shall be punishable in accordance with Master Fee Schedule. The terms and provisions of this article are severable in accordance with section Master Fee Schedule.

PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 2nd day of December, 2014. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 16th day of December, 2014. CITY OF WESLACO David Suarez, MAYOR ATTEST: Rebekah de la Fuente, INTERIM CITY SECRETARY APPROVED AS TO FORM: Francisco J. Garza, CITY ATTORNEY




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

From (name, title, department and who submitting on behalf of, if any): Ted Walensky, Lieutenant-in-Charge/ Weslaco Police Department Subject: Discussion and consideration for approval to receive grant monies to ensure reimbursable pay from our Task Force (DEA, FBI, US Marshal) in any overtime pay that is being distributed. Background: To authorize the Weslaco Police Department to continue to have an agreement with our Task Force (DEA, FBI, US Marshal) and approve for grant monies to be accepted by us to continue to pay for any overtime our Task Force is putting in order to fulfil a project Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [x ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): See attachment for MOU’s Responsibilities upon Approval: Have a copy of the executed document forwarded to the Weslaco Police Department for filing.



























THE STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

APPOINTING A MEMBER AND AN ALTERNATE MEMBER TO THE LOWER RIO GRANDE VALLEY SPORTS COMPLEX AND MUNICIPAL PARKS ENVIRONMENTAL COUNCIL

WHEREAS, the Texas A&M University- Kingsville has requested that a City of Weslaco elected official serve as the official member to its Lower Rio Grande Valley Sports Complex and Municipal Parks Environmental Council; and

WHEREAS, the Texas A&M University- Kingsville further has requested that a City of Weslaco elected official serve as the alternate member of the Lower Rio Grande Valley Sports Complex and Municipal Parks Environmental Council;

NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO that the Parks & Recreation Director be appointed as the official member to serve in the Lower Rio Grande Valley Sports Complex and Municipal Parks Environmental Council.

BE FURTHER RESOLVED that the Building Maintenance Supervisor be

appointed as the alternate member to serve in the Lower Rio Grande Valley Sports Complex and Municipal Parks Environmental Council and a copy of this Resolution shall be delivered to the Texas A&M University-Kingsville office to evidence these appointments.

PASSED AND APPROVED this 16th day of December 2014. CITY OF WESLACO

_____________________________ David Suarez MAYOR

ATTEST:

____________________________________ Rebekah de la Fuente, INTERIM CITY SECRETARY


_________________________________ Frank Garza, CITY ATTORNEY















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Name of Applicant:

Telephone Number:

E-Mail Address:

Alternate Phone Number (work/cell):

Home Address:

[ ] Inside City Limits [ ] Outside City Limits

City:

State:

Zip Code:

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 currently suing or bring sued by the City of Weslaco or any of its entities? [ ] Yes or [ ] No

Are you related to any member of the Commission? [ ] Yes or [ ] No

If so, who and how?

Have you previously served on a City board? [ ] Yes or [ ] No

If so, which and when?

Have you ever been elected to public office? [ ] Yes or [ ] No

If so, which and when?

Do you consent to release this info to the public? [ ] Yes or [ ] No

Are you age 25 or older? [ ] 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.

Timestamp of Receipt:

Applicant’s Signature:

Optional Demographic Information: Self Identification Gender: Age: Race: Religion: Citizenship:

Office of the City Secretary · tel. 956.968.3181 · fax. 956.968.6717

Application for Service

City of Weslaco Boards and Committees













WHEREAS, the City of Weslaco created and established the Planning and Zoning Commission Board pursuant to Subsection 2-36 of Ordinance No. 291, as codified in the City of Weslaco Code of Ordinances. WHEREAS, the terms of the members of this board are for three years; and WHEREAS, the Planning and Zoning Commission Board members shall serve without compensation and unlimited terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _____________________________ is appointed to serve on the Planning and Zoning Commission Board and your term will expire on ____day of ____________________, 201___. PASSED AND APPROVED on this 16th day of December, 2014.

CITY OF WESLACO


ATTEST:








WHEREAS, the City of Weslaco created and established the Planning and Zoning Commission Board pursuant to Subsection 2-36 of Ordinance No. 291, as codified in the City of Weslaco Code of Ordinances. WHEREAS, the terms of the members of this board are for three years; and WHEREAS, the Planning and Zoning Commission Board members shall serve without compensation and unlimited terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _______________________________ is appointed to serve on the Planning and Zoning Commission Board and your term will expire on ____day of ____________________, 201___. PASSED AND APPROVED on this 16th day of December, 2014.

CITY OF WESLACO


ATTEST:








RESOLUTION NO. 2014- 67

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 expired term on the Board of Adjustments & Appeals-Zoning Ordinance and the term will expire on ______day of _______________, 20____. PASSED AND APPROVED on this 16th day of December, 2014.

CITY OF WESLACO


ATTEST:









A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE AMBULANCE ADVISORY BOARD.

WHEREAS, the City of Weslaco has established the Ambulance Advisory Board pursuant to Section 14-1(A) of Ordinance No. 78-39; and WHEREAS, the terms of the members of this board are for two years; and WHEREAS, the Ambulance Advisory Board members shall serve without compensation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _____________________________________ is appointed to serve an expired term on the Ambulance Advisory Board and the term will begin on ___________________, 2014 and expire on _______________________, 20___. PASSED AND APPROVED on this 16th day of December 2014.

CITY OF WESLACO


ATTEST:







Agenda Item No. (to be assigned by CSO): VI. A

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer, on behalf of Joel and Abner Garcia Subject: Discussion and consideration to approve the consensual annexation of Sinai Subdivision also being the 4.24 acre tract of land out of Farm Tract No. 708, West & Adams Tract Subdivision, Weslaco, Hidalgo County, Texas, located east of Mile 3 ½ West, approximately 2,027 feet north of Mile 6 North Road. Discussion:

The applicant is requesting consensual annexation of the proposed Sinai Subdivision in accordance with the City’s Subdivision Ordinance Section 26-32 which requires “that all subdivisions located within the city’s extraterritorial jurisdiction and connected to one or more of the city utilities must request annexation to the city”. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ X ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [X ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 10/1/2014, recommends approval Recommendation for Commission Action: Staff recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Notarized petition for consensual annexation. Responsibilities upon Approval: Planning staff will advise applicant.





AN ORDINANCE ANNEXING ADDITIONAL TERRITORY TO THE CORPORATE LIMITS OF THE CITY OF WESLACO, HIDALGO COUNTY, TEXAS ON CONSENSUAL PETITION OF AREA LAND OWNER SUCH LAND BEING 4.24 ACRE TRACT OF LAND OUT OF FARM TRACT NO. 708, WEST AND ADAMS TRACT SUBDIVISON, WESLACO, HIDALGO COUNTY, TEXAS.

BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS:

SECTION I: There is hereby annexed on consensual petition of area landowner as part of the territory within the corporate boundaries of the City of Weslaco the following tract located in Hidalgo County, Texas, that totals to 6.48 acres and are more specifically described as follows, to-wit:

METES AND BOUNDS DESCRIPTION 4.24 ACRE TRACT OF LAND OUT OF FARM TRACT NO. 708, WEST AND ADAMS TRACT SUBDIVISON, WESLACO, HIDALGO COUNTY, TEXAS.

A tract of land our of Farm Tract 708, the West and Adams Tract Subdivision, Hidalgo County, Texas, according to the map thereof recorded in Volume 2, Page 34 thought 37, map records of Hidalgo County, Texas; said tract of land being more particularly described by metes and bounds as follows: Beginning at the southeast corner of La Paloma De La Sombras Subdivision, said point being Mile 3 ½ West Road, according to the map thereof recorded in Volume 28, Page 71B, map records of Hidalgo County, Texas; THENCE, South, along the right of way line of said Mile 3 ½ West Road a distance of 193.50 feet to a point on the east right of way of said Mile 3 ½ West; THENCE, East, parallel to the north line of said Farm Tract 708, a distance of 187.00 feet to a 5/8-inch iron pipe found for an inside corner; THENCE, North, 114.00 feet to a 5/8-inch iron pipe found for the northerly northwest corner of said tract herein described; THENCE, East, 711.46 feet to a 5/8-inch iron pipe found for the northeast corner of said tract herein described;



THENCE, South 00° 29’ west, 219.35 feet, with the east line of said Farm Tract 708 to a 1/2- inch iron rod found with a plastic cap stamped “RRA” for the southwest corner of said stract herein described; THENCE, West, at a distance of 901.90 feet past a 5/8-inch iron rod found for reference 0.30 feet west of the east right-of-way line of mile 3 ½ West Road and continuing for a total distance of 926.60 feet to a cotton picker spindle found on the west line of said Farm Tract 708 for the southwest corner of said tract herein described; THENCE, North 298.25 feet with the west line of Farm Tract 708 and the of Mile 3 ½ West Road to the point of beginning and containing 4.24 acres of land more or less. SECTION II: This ordinance shall be published in one (1) newspaper of general circulation published in Weslaco, once a week for two (2) weeks, after the last reading of the ordinance. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 21st day of October, 2014. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 16th day of December, 2014.

CITY OF WESLACO _________________________ David Suarez, MAYOR

ATTEST: ___________________________________ Rebekah de la Fuente, INTERIM CITY SECRETARY APPROVED AS TO FORM: ___________________________________ Frank Garza, CITY ATTORNEY




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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Planning Director/City Engineer, on behalf of Paula Villanueva Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 3602 North Texas Blvd., also West Tract Northwest 1.25 acres an Irrigation Tract S228’-N558’-W345’ of Farm Tract 109, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-1 Neighborhood Business District Background: The applicant is requesting to rezone this property from R-1 Single Family Dwelling District to B-1 Neighborhood Business District. Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on October 20, 2014. Five (5) property owners within 200 ft. of the applicant’s property were notified by letter on October 24, 2014. Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: 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: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 11/5/14, recommends approval Recommendation for Commission Action: Staff recommends approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for rezone with attachments. Responsibilities upon Approval: Planning staff will advise applicant






ORDINANCE NO. 2014-19 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF 3602 NORTH TEXAS BLVD., ALSO WEST TRACT NORTHWEST 1.25 ACRES AN IRRIGATION TRACT S228’-N558’-W345’ OF FARM TRACT 109, WESLACO, HIDALGO COUNTY, TEXAS, FROM R-1 ONE FAMILY DWELLING DISTRICT TO B-1 NEIGHBORHOOD BUSINESS DISTRICT. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: R-1 Single Family Dwelling District to B-1 Neighborhood Business District, West Tract Northwest 1.25 acres an Irrigation Tract S228’-N558’-W345’ of Farm Tract 109, also being 3602 North Texas Blvd, Weslaco, Hidalgo County, Texas. SECTION II: That this ordinance shall become effective upon its passage. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 18th

day of November, 2014. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 16th day of December, 2014. CITY OF WESLACO David Suarez, MAYOR ATTEST: Rebekah de la Fuente, INTERIM CITY SECRETARY APPROVED AS TO FORM: Frank Garza, CITY ATTORNEY




Agenda Item No. (to be assigned by CSO): III. A and VII. A

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Planning Director/City Engineer, on behalf of Dora Alejandro Subject: Discussion and consideration to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s On- Premise and Late Hours at 2901 W Hwy 83, also being 1.7295 acres of Farm Tract 626, West Tract Subdivision, Weslaco, Hidalgo County, Texas. Background: The applicant is requesting to obtain Wine and Beer Retailer’s On- Premise and Late Hours. Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on November 17, 2014. Thirteen (13) property owners within 200 ft. of the applicant’s property were notified by letter on November 21, 2014. Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [ ] Mayor’s Signature [x] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 12/3/14, recommends approval with the conditions(1) establishment must have security guards during operating hours Friday and Saturday and from 10pm to closing on Wednesday to Thursday (2) hours of operation will be from 6pm to 2am from Wednesday through Saturday Recommendation for Commission Action: Staff recommends approval with provisions set by Planning & Zoning Commission Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant





















Agenda Item No. (to be assigned by CSO): III. B and VII. B

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Planning Director/City Engineer, on behalf of Katherine Gonzalez Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 730 Victory Dr., also being Lots 7-12, Blk 2, Villa Vista Subdivision, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-4 Neighborhood Office District. Background: The applicant is requesting to rezone this property from R-1 Single Family Dwelling District to B-4 Neighborhood Office District. Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on November 17, 2014. Forty (40) property owners within 200 ft. of the applicant’s property were notified by letter on November 21, 2014. Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [x ] Mayor’s Signature [x] Public Hearing [ ] Budget Amendment [ ] Resolution [x ] Ordinance – First Reading [ x] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 12/3/14, recommends denial Recommendation for Commission Action: Staff recommends denial Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for rezone with attachments. Responsibilities upon Approval: Planning staff will advise applicant
























ORDINANCE NO. 2014-25 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF 730 VICTORY DR., ALSO BEING LOTS 7-12, BLK 2, VILLA VISTA SUBDIVISION, WESLACO, HIDALGO COUNTY, TEXAS, FROM R-1 ONE FAMILY DWELLING DISTRICT TO B-4 NEIGHBORHOOD OFFICE DISTRICT. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: R-1 Single Family Dwelling District to B-4 Neighborhood Office District, also being Lots 7-12, Block 2, Villa Vista Subdivision, being 730 Victory Drive, Weslaco, Hidalgo County, Texas. SECTION II: That this ordinance shall become effective upon its passage. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this ______________ day of ____________________, 2014. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this ______________ day of _____________________, 2014. CITY OF WESLACO ________ David Suarez, MAYOR ATTEST: Rebekah de la Fuente, INTERIM CITY SECRETARY APPROVED AS TO FORM: Frank Garza, CITY ATTORNEY




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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Planning Director/City Engineer, on behalf of William Denem Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 416 E 18th St., also being West Tract AN IRR TR E15.4`-N 295`FT 751 & W132.6`-N295`FT 751 1.00 acres, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-1 Neighborhood Business District. Background: The applicant is requesting to rezone this property from R-1 Single Family Dwelling District to B-1 Neighborhood Business District. Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on November 17, 2014. Sixteen (16) property owners within 200 ft. of the applicant’s property were notified by letter on November 21, 2014. Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [x ] Mayor’s Signature [x] Public Hearing [ ] Budget Amendment [ ] Resolution [x ] Ordinance – First Reading [ x] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 12/3/14, recommends approval Recommendation for Commission Action: Staff recommends approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for rezone with attachments. Responsibilities upon Approval: Planning staff will advise applicant






















ORDINANCE NO. 2014-26 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF 416 E 18TH ST., ALSO BEING WEST TRACT AN IRR TR E15.4`-N 295`FT 751 & W132.6`-N295`FT 751 1.00 ACRES, WESLACO, HIDALGO COUNTY, TEXAS, FROM R-1 ONE FAMILY DWELLING DISTRICT TO B-1 NEIGHBORHOOD BUSINESS DISTRICT. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: R-1 Single Family Dwelling District to B-1 Neighborhood Business District,, also being West Tract an IRR TR E15.4`-N 295`FT 751 & W132.6`-N295`FT 751 1.00 acres, being 416 E 18th Street, Weslaco, Hidalgo County, Texas. SECTION II: That this ordinance shall become effective upon its passage. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this ______________ day of __________________, 2014. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this ______________ day of _________________, 2014. CITY OF WESLACO ________ David Suarez, MAYOR ATTEST: Rebekah de la Fuente, INTERIM CITY SECRETARY APPROVED AS TO FORM: Frank Garza, CITY ATTORNEY



THE STATE OF TEXAS § MEMORANDUM OF CITY OF WESLACO § UNDERSTANDING BETWEEN THE COUNTY OF HIDALGO § CITY OF WESLACO AND FIRST

§ BAPTIST CHURCH WESLACO The City of Weslaco, a home-ruled municipal corporation, 255 South Kansas Avenue, Weslaco, Texas 78596 and First Baptist Church Weslaco, 600 S. Kansas, Weslaco, Texas 78596 hereby enter into this Memorandum of Understanding for The Family Life Center of First Baptist Church Weslaco located at 600 South Kansas Avenue, Weslaco, Texas 78596 pursuant to the following terms and conditions:

FIRST BAPTIST CHURCH WESLACO

1. First Baptist Church Weslaco will make available their Family Life Center for a warming station to the Weslaco community when the weather is forecasted to dip below 38 degrees Fahrenheit, or the request of the City or by the Church’s own initiative in anticipation of inclement weather. The Church will open the facility from 7:00 p.m. – 7:00 a.m.; the Church reserves the ability to close by 10:00 p.m. should there be no one requesting safe haven that night. The Church will provide overnight volunteers to staff the facility.

CITY OF WESLACO

1. The City of Weslaco will coordinate training to the Church volunteers

through the Red Cross. 2. The City of Weslaco will assign one law enforcement person during hours of

operation.

3. The City of Weslaco will assign and provide a custodial crew the following morning to assist in clean-up of the Church facility made available to the public, such as sleeping areas and restrooms.

4. The City of Weslaco will provide twenty (20) cots of varying weight capacities

as well as a tarp to separate the room each overnight the facility is open as a warming station.

5. The City of Weslaco will make available forty (40) blankets for each activation of the warming station, so that initially one blanket and one alternate is ready for each cot. The City will incur the cost of laundry service for each blanket after every use.



6. The City of Weslaco may provide comfort kits to include basic personal

hygiene items for each activation of the warming station.

Term

This Memorandum of Understanding shall take effect upon execution and remain in force until a formal document is passed by the City Commission of Weslaco. Executed this ________ day of December, 2014. CITY OF WESLACO: _________________________________

Elizabeth M. Walker, Interim City Manager

FIRST BAPTIST CHURCH WESLACO Steven Parker, Pastor

























Date of Meeting: 12/16/2014

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

From (name, title, department and who submitting on behalf of, if any): Rosie Palomo, Accountant II, Finance Subject: The City of Weslaco Texas Municipal Retirement System (TMRS) ordinance effective January 1, 2015 Background: 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, 2015 for such actions. Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ 1] year(s) Identified in Current Budget: Additional Action Prompted: [x ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [x ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: To Approve Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): TMRS Ordinance Responsibilities upon Approval: Return to Finance Department so that it may be submitted to TMRS.




rdelafuente

Typewritten Text

VII. F.

rdelafuente

Typewritten Text





TMRS-Match USC-T-CPI

2014-27 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.



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. Effective Date Subject to approval by the Board of Trustees of the system, this oridinance is declared an emergency measure because the money the City of Weslaco is saving by reducing its contribution to the current service annuity reserve of each member is necessary to provide for the usual daily operations of each department and to pay salaries and wages in those departments and become effective on the 1st day of January 2015. Passed and approved this the ________ day of ________________________, ________. ATTEST: APPROVED: _________________________________________ ______________________________ Rebekah De La Fuente, Interim City Secretary David Suarez, Mayor




Agenda Item No. (to be assigned by CSO): VII. G

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Consideration to solicit RFQ for Consulting Services for the operation and management of the water, wastewater, and lift station facilities. Background: Discussion in consideration to authorize staff to solicit RFQ’s to Water and Wastewater Utility Operation Firms to assist in the development of RFQ’s required for the Operations and Management of the City of Weslaco Water, Wastewater, and Lift Station facilities authorize the Mayor to execute all related documents and budget amendment as maybe required. Funding Source (budget code, if applicable): Amount:

Term of Impact: # One (1) year

Identified in Current Budget: FY 2014-2015

Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Responsibilities upon Approval: Upon approval, City Secretary office will convey executed proposal to the Finance Dept. and forward a copy to the Public Utilities Department.




Dep

artm

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s)O

rdin

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No.

Co

dific

atio

n

Chap

ter &

Sec

tion

Des

crip

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Reas

onH

ow to

add

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PCE

74-3

286

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Site

pla

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te p

lan

shal

l be

filed

as r

equi

red

by se

ctio

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-30(

d)

and

shal

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w th

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llow

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(1)T

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rea

and

dim

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trac

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and,

with

iden

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lo

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d bo

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(2)T

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catio

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nd si

ze o

f all

mob

ile h

ome

and/

or

recr

eatio

nal v

ehic

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aces

;(3

)The

loca

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wid

th, a

nd sp

ecifi

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f driv

eway

s, ro

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an

d w

alkw

ays;

(4)T

he lo

catio

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d sp

ecifi

catio

ns o

f wat

er a

nd se

wer

line

s and

rise

r pi

pes;

(5)T

he lo

catio

n an

d de

tails

of l

ight

ing,

ele

ctric

al, g

as, a

nd te

levi

sion

cabl

es;

(6)T

he lo

catio

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d sp

ecifi

catio

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f all

build

ings

con

stru

cted

or t

o be

con

stru

cted

with

in th

e pa

rk;

(7)E

xist

ing

and

prop

osed

topo

grap

hy o

f the

mob

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and/

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recr

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pose

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mai

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nclu

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the

size,

the

hydr

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any

ot

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quip

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ay b

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as m

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ay

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quire

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Pla

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eed

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ques

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Lett

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ome

Park

s for

su

bmitt

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PCE/

PF13

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ende

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04-2

562

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Aban

done

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her

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nuisa

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ound

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alle

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s-of

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, or i

n pu

blic

or p

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ill b

e pi

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up

by th

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shop

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F, a

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2006

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42-5

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nd/o

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artic

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nclu

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insp

ectio

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nd th

e pa

ymen

t of f

ees.

Ca

nnot

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enfo

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.Sh

ould

be

rem

oved

from

Cod

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78-1

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scrim

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Info

rmat

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can

be p

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on C

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Amen

ded

76-1

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all b

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or a

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ithin

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city

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city

out

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city

lim

its. A

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Depa

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evie

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Dep

artm

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s)O

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No.

Co

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Chap

ter &

Sec

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Des

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tion

Reas

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add

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PCE/

PF33

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with

in th

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onst

ruct

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ld b

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mov

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om C

ode

of

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to a

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o be

pre

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efor

e Ci

ty

Com

miss

ion.

PD/P

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Amen

ded

98-0

913

4-14

3

Sec.

134

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. - R

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arki

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quire

men

ts. T

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stor

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or o

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ify p

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200

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2012

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Chap

ter 1

42 -

VEHI

CLE

WRE

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AN

D TO

WIN

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CES

The

ordi

nanc

e is

very

dat

ed a

nd so

me

requ

irem

ents

are

non

exi

stan

t in

the

pres

ent

time.

It is

bei

ng e

nfor

ced.

Com

plet

e re

view

and

upd

ate

of th

e or

dina

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by p

olic

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part

men

t to

be

subm

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for r

evie

w b

y le

gal a

nd a

dopt

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by c

omm

issio

n.

CSO

/PCE

2004

-23

144-

17

Sec

. 114

-17.

- Po

litic

al si

gns a

nd b

anne

rs; r

emov

al.

(a)D

efin

ed; w

here

pro

hibi

ted.

For

pur

pose

s of t

his s

ectio

n, th

e te

rm

"pol

itica

l sig

ns" s

hall

mea

n sig

ns a

nd/o

r ban

ners

that

pro

mot

e th

e ca

ndid

acy

or a

n in

divi

dual

seek

ing

polit

ical

offi

ce o

r sig

ns o

r ban

ners

th

at p

rom

ote

the

adop

tion

or d

efea

t of a

refe

rend

um is

sue

or

prop

ositi

on. A

ll po

litic

al si

gns a

nd b

anne

rs sh

all b

e pr

ohib

ited

on a

ll ci

ty p

ublic

pro

pert

y, p

ublic

righ

ts-o

f-way

and

road

way

s, st

reet

s, a

nd

publ

ic e

asem

ents

.(b

)Rem

oval

of s

igns

. If t

he c

ity re

mov

es a

pol

itica

l sig

n in

vio

latio

n of

th

is se

ctio

n, th

e ca

ndid

ate,

per

son

or o

rgan

izatio

n pr

omot

ing

or

atte

mpt

ing

to d

efea

t a re

fere

ndum

issu

e or

pro

posit

ion

shal

l be

subj

ect t

o a

fine

by th

e ci

ty m

unic

ipal

cou

rt a

s set

out

in se

ctio

n 11

4-20

.

Hous

e Bi

ll 25

9N

ew O

rdin

ance

has

bee

n dr

afte

d.

FIRE

/PD

2004

-31

14-2

3

Sec

. 14-

23 C

ertif

icat

ion

for t

rans

port

serv

ice.

N

o pe

rson

shal

l ope

rate

any

am

bula

nce

upon

the

publ

ic st

reet

of t

he

city

in re

nder

ing

tran

spor

t ser

vice

unt

il su

ch a

mbu

lanc

e ha

s bee

n ce

rtifi

ed fo

r suc

h us

age

by th

e pe

rmit

offic

er o

r des

igne

e an

d th

e ow

ner o

f suc

h am

bula

nce

and

the

pers

on o

pera

ting

the

sam

e sh

all

have

com

plie

d w

ith a

ll ru

les a

nd re

gula

tions

pre

scrib

ed b

y th

e ci

ty

and

have

com

plie

d w

ith th

e st

ate

stat

utes

per

tain

ing

to th

e op

erat

ion

of a

mbu

lanc

es a

nd a

re th

e ho

lder

s of v

alid

per

mits

for

such

pur

pose

s.

Priv

ate

Ambu

lanc

e Co

mpl

ianc

e



Dep

artm

ent(

s)O

rdin

ance

No.

Co

dific

atio

n

Chap

ter &

Sec

tion

Des

crip

tion

Reas

onH

ow to

add

ress

FIRE

/PD

2004

-31

14-2

4

Sec.

14-

24 C

ertif

icat

e of

em

erge

ncy

ambu

lanc

e se

rvic

e; c

ompl

ianc

e w

ith st

ate

law

requ

ired.

No

pers

on sh

all o

pera

te a

ny e

mer

genc

y am

bula

nce

serv

ice

upon

the

publ

ic st

reet

s of t

he c

ity in

rend

erin

g em

erge

ncy

serv

ice

in re

spon

se

to e

mer

genc

y ca

lls u

ntil

such

am

bula

nce

has b

een

cert

ified

for s

uch

usag

e by

the

perm

it of

ficer

and

the

owne

r of s

uch

ambu

lanc

e an

d th

e pe

rson

ope

ratin

g th

e sa

me

shal

l hav

e co

mpl

ied

with

the

stat

utes

of

the

stat

e pe

rtai

ning

to th

e op

erat

ion

of a

mbu

lanc

es a

nd th

e ho

lder

s of v

alid

per

mits

for s

uch

purp

oses

.

Priv

ate

Ambu

lanc

e Co

mpl

ianc

e

FIRE

/PD

2014

-23

The

exhi

bitio

n, sa

le, o

r offe

ring

for s

ale

of a

ny sq

uib,

rock

et, c

rack

er,

torp

edo,

gre

nade

or a

ny c

ombu

stib

le fi

recr

acke

r or f

irew

ork

is a

nuisa

nce

and

is pr

ohib

ited

with

in th

e ci

ty a

nd w

ithin

an

area

im

med

iate

ly a

djac

ent a

nd c

ontig

uous

to th

e ci

ty li

mits

and

ext

endi

ng

for a

dist

ance

of 5

,000

feet

. Th

is se

ctio

n sh

all n

ot a

pply

to th

e sa

le o

f an

y su

ch a

rtic

les b

y w

hole

sale

rs to

eac

h ot

her,

or to

the

sale

of a

ny

such

art

icle

s at w

hole

sale

to m

erch

ants

con

duct

ing

busin

ess e

ntire

ly

with

out t

he c

ity, o

r to

the

sale

by

who

lesa

lers

for p

rivat

e or

pub

lic

dem

onst

ratio

ns a

s pro

vide

d in

Div

ision

(C).

Publ

ic sa

fety

and

redu

ce th

e nu

mbe

r of

fires

w

ithin

city

lim

its.

New

ord

inan

ce h

as b

een

draf

ted.

PCE

= Pl

anni

ng a

nd C

ode

Enfo

rcem

ent

PD =

Pol

ice

Depa

rtm

ent

CSO

= C

ity S

ecre

tary

's O

ffice

PF =

Pub

lic F

acili

ties



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