14 02 04 agenda supplements

Date of Meeting: February 4, 2014

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

From (name, title, department and who submitting on behalf of, if any): Elizabeth Walker, City Secretary Subject: Call to Order, includes the following:

A. Certification of Public Notice. B. Invocation. C. Pledge of Allegiance. D. Roll Call.

Discussion: A. Mayor will Call to Order and certify Public Notice. B. Father Mario Castro from San Martin de Porres Catholic Church will give the

invocation. C. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. D. City Secretary will call roll.

Fiscal Note: Amount: $ N/A Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Four or more Commissioners present constitutes a Quorum; otherwise, no action may be taken. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): One-page with pledges and mission statement. Responsibilities upon Approval: Conduct meeting per Ordinance 2011-05, according to Roberts Rule of Order and commencing at 5:30 p.m.

Standardized Agenda Request Form

Weslaco City Commission Regular Meeting

February 4, 2014

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David Suarez, Mayor John F. Cuellar, Mayor Pro-Tem, District 2

David R. Fox, Commissioner, District 1 Olga M. Noriega, Commissioner, District 3

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

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


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

From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, on behalf of Sylvia Mendoza, owner Arturo Robles. Subject: Discussion and consideration to approve a Conditional Use Permit to operate a dance hall with live music at 2901 W. Business Hwy. 83, also being 1.7295 acres of land out of Farm Tract 626, West Tract Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting a Conditional Use Permit to operate a dance hall with live music. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on December 23, 2013. Ten (10) property owners within 200 ft. of the applicant’s property were notified by letter on January 3, 2014. This business will allow patrons to bring their own alcoholic beverages to the location. This is a renewal of a Conditional Use Permit that was approved by the Planning and Zoning Commission on April 17, 2013 and the City Commission on May 7, 2013. From the time of the original approval the applicant has been working on the building; however, time has expired on the permit and it must be renewed prior to the business opening. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 01/15/2014, recommends approval with the conditions that (1) a minimum of two security officers be on duty during business hours (2) hours of operation will be from 6 pm to 2 am from Wednesday through Saturday only. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant.



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

From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, on behalf of Jardines De Weslaco, LLC, Rodolfo Ornelas, President. Subject: Discussion and consideration of the Re-plat of El Jardin Estates Subdivision, being an 11.86 acre tract of land, more or less, out of the north 16.77 acres of Farm Tract 1040, Adams Tract Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting to modify the building front setback from 25 feet to 15 feet for Lots 1 through 37. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on December 23, 2013. Eleven (11) property owners within 200 ft. of the applicant’s property were notified by letter on January 3, 2014. The property is zoned R-2 Duplex and Apartment District. The applicant is proposing to develop the area into a duplex subdivision. The original plat was recorded on October 26, 2012. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 01/15/2014, recommends denial of the plat and corresponding variance for setbacks. Recommendation for Commission Action: Staff recommends denial. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Responsibilities upon Approval: Planning staff will advise applicant.



February 4, 2014

A REGULAR MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, JANUARY 21, 2014

On this 21st day of January 2014 at 5:30 p.m., the City Commission of the City of Weslaco, Texas convened in a Regular Meeting at City Hall in the Legislative Chamber, located at 255 South Kansas Avenue with the following members present: Mayor David Suarez Mayor Pro-Tem J.F. “Johnny” Cuellar Commissioner David R. Fox Commissioner Olga M. Noriega Commissioner Gerardo “Jerry” Tafolla Commissioner Lupe Rivera Commissioner Fidel L. Pena, III

City Manager Leonardo Olivares

City Secretary Elizabeth M. Walker City Attorney Barry Jones for Ramon Vela Also present: Juan Salas, IT Department; Bret Mann, Finance Director; Jeff Underwood, Planning & Code Enforcement Director; Mardoqueo Hinojosa, City Engineer; David Salinas, Public Utilities Director; Police Chief Michael Kelley; Arnold Becho, Library Director; Martin Mata, Assistant Library Director; Veronica Ramirez, Human Resources; 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 Friday, January 17, 2014.

B. Invocation. Pastor Ramon Sanchez from First Baptist Church delivered the invocation.

C. Pledge of Allegiance. Mayor Suarez recited the Pledge of Allegiance and the Texas flag.

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

II.

PUBLIC COMMENTS Ms. Christine Warren, 605 West 6th Street, suggested the City use the Weslaco Beautiful logo when refurbishing the elevated water tower located on Milano Road.

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


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requested by one commission member, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. Possible action.

A. Approval of the Minutes of the Regular Meeting on January 7, 2014. (Staffed by City Secretary’s Office.) Attachment.

B. Approval of the agreement with the Rio Grande Valley Literacy Center to allow the use of the Porter Doss Building for English as a Second Language classes and authorize the Mayor to execute any related documents. (Staffed by Library.) Attachment.

C. Approval of the renewal of the agreement for movies at Weslaco City Park located at 300 N. Airport Drive and/or Harlon Block Park and authorize the Mayor to execute any related documents. (Staffed by Parks and Recreation Department.) Attachment.

D. Approval of the renewal of the Lease Agreement with Weslaco Little League for use of Isaac Rodriguez Park Multi-Purpose Field and Minor Field and Concession Stands and Harlon Block Sports Complex Fields #1 and #2 and Concession Stands and authorize the Mayor to execute any related documents. (Staffed by Parks and Recreation Department.) Attachment.

E. Approval of the renewal of the Lease Agreement with the Weslaco Softball/Baseball (PONY League) for the use of the Weslaco City Park Softball/Baseball Fields #1, #2 and #3 and concession stand and authorize the Mayor to execute any related documents. (Staffed by Parks and Recreation Department.) Attachment.

F. Approval of the Usage Agreement with Mid-Valley Senior (50+) Softball League at Harlon Block Sports Complex Fields #3 and #4 with concession stand January 1 - March 31, 2014, twice weekly (Tuesdays and Thursdays) 8 a.m. to 1 p.m. and authorize the Mayor to execute any related documents. (Staffed by Parks and Recreation Department.) Attachment.

G. Approval of a request by Mid Valley Events to reschedule Color Dash 5k at Harlon Block Sports Complex on March 29, 2014, 6 a.m. – 12 noon, authorize street closures as appropriate, 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. (Commission authorized different date December 3, 2013; Staffed by Parks and Recreation Department.) Attachment.

H. Approval of an extension to the Interlocal Agreement with Texas A&M University-Kingsville to actively participate in the Regional Task Force formed to respond and aid compliance with the Texas Commission on Environmental Quality Phase II Storm Water Rules with an annual membership fee of $11,025.00, authorize a budget amendment as appropriate and authorize the Mayor to execute related documents. (Staffed by Public Utilities Department.) Attachment. Commissioner Fox requested that Item III. D. be withheld from the consent agenda for discussion. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve items


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III. A, B, C, E, F, G, and H. The motion carried unanimously; Mayor Suarez was present, but not voting.

IV. APPOINTMENTS

A. Discussion and consideration to approve Resolutions 2014-02 and 2014-03 appointing two members to expired terms on the Ambulance Advisory Board and authorize the Mayor to execute any related documents. Possible action. (Staffed by Fire Department.) Attachment. The City Manager stated the Ambulance Advisory Board is a composed of seven (7) members and their purpose is to review ambulance complaints. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve Resolutions 2014-02 and 2014-03, reappointing Ricardo Hinojosa and Captain Walensky, respectively, to expired terms on the Ambulance Advisory Board. The motion carried unanimously; Mayor Suarez was present, but not voting. Mayor Pro-Tem Cuellar noted Mr. Hinojosa and Captain Ted Walensky in attendance. For the record, the Resolutions read as follows:

RESOLUTION NO. 2014-02

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 Ricardo Hinojosa is appointed to serve a two year term on the Ambulance Advisory Board and the term will begin on February 16, 2014 and expire on February 16, 2016. PASSED AND APPROVED on this 21st day of January 2014. RESOLUTION NO. 2014-03

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


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WESLACO, TEXAS THAT _Captain Ted Walensky is appointed to serve a two year term on the Ambulance Advisory Board and the term will begin on February 7, 2014 and expire on February 7, 2016. PASSED AND APPROVED on this 21st day of January 2014. /s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

V. NEW BUSINESS

A. Discussion and consideration to approve an agreement to provide personnel services to the Economic Development Corporation of Weslaco (EDCW) and authorize the Mayor to execute any related documents. Possible action. (Staffed by the City Manager’s Office.) Attachment. The City Manager stated the proposed agreement allows the City to provide staff support to the Economic Development Corporation in order to minimize the disruptions caused by the recent resignations. The proposed cost will be $10,000.00 monthly to allow for staff support from the City Manager’s Office, City Attorney, City Secretary, Finance, IT and Public Facilities Departments. However, the monthly cost can be reduced as corresponding staff is hired. Mayor Pro-Tem Cuellar clarified that there would be no raises issued to support staff; rather the EDC will be pay the allocation of cost for the time City staff spends on EDC duties. Commissioner Rivera, seconded by Mayor Pro-Tem Cuellar, moved to approve the item as presented. Commissioner Noriega expressed her opposition to the proposed agreement and questioned how City staff would be able to balance the additional duties. In response to Commissioner Noriega, the City Manager recommended a nine (9) month term beginning October 1. The City Manager stated that when the EDC was incorporated the City provided all staff, which set precedent. In this instance City staff will serve as the stop gap for transitioning employees at the EDC. In response to Mayor Suarez, the City Manager responded that staff can be required to maintain a record of their time to calculate the appropriate cost allocation. Commissioner Noriega asked if a staffing agency could be used instead of City staff. The City Manager responded that the proximity, familiarity, and expertise make City staff the better choice. Commissioner Pena questioned the term of the contract if it was the intent of the EDC Board to appoint a director and an attorney at the next meeting. Mayor Pro-Tem Cuellar stated it would be best to hire the EDC director and allow that person to hire his or her own staff. The City Manager stated the City is trying to


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identify areas to save taxpayers money and recommended that Facilities and IT be removed as there are contractual obligations for those services. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, amended the motion to exclude the Finance and IT Departments from the agreement. Commissioner Noriega opposed. The motion carried (5-1); Mayor Suarez was present, but not voting. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, amended the motion limiting the agreement to 30 days. Commissioner Noriega opposed. The motion carried (5-1); Mayor Suarez was present, but not voting. Commissioner Rivera, seconded by Mayor Pro-Tem Cuellar, moved to approve the agreement to provide personnel services to the Economic Development Corporation of Weslaco (EDCW). Commissioner Noriega opposed. The motion carried (5-1); Mayor Suarez was present, but not voting.

Commissioner Pena clarified for the record that he was voting in favor of the 30 day agreement only, so the EDC would have the ability to hire its own staff. Mayor Suarez stated for the record that the agreement does not include facilities maintenance.

B. Discussion and consideration to approve Resolution 2014-04 authorizing the publication of Notice of Intention to issue certificates of obligation and authorize the Mayor to execute any related documents. Possible action. (Staffed by Finance Department.) Attachment. The City Manager stated the proposed certificates of obligation secure the last part of financing for the Water Treatment Plant distribution and storage system, already awarded three separate issuances totaling $43.3 million in investments. Ms. Ann Burger representing First Southwest and Mr. Dan Martinez representing Winstead reported on the five year history index of municipal funds and interest rates. Ms. Burger reviewed the timetable and stated that the issuance required two publications, with one to be published this Saturday and the second to be published the following week. In response to Mayor Suarez, Ms. Burger stated the rate study conducted by Capex included this bond issuance in its projections. The City has a stair step of the debt service by installments so the growth of the City can absorb the cost. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. Commissioner Noriega asked if the $10.0 million issuance would go toward the $43.0 million in issuance for the Water Plant. Commissioner Pena asked what the rate was to pay back the certificates of obligation. Ms. Burger responded that the analysis being presented show the City at approximately 4.3%, which includes a 30 point cushion since it is impossible to know when interest rates will increase.


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Mr. Mann clarified that the proposed certificates of obligation were not to pay off debt rather it is the debt to fund a construction project. The City Manager stated the Commission borrowed funds in increments as needed to allow the City to maintain low interest rates. The motion carried unanimously; Mayor Suarez was present, but not voting. For the record, Resolution 2014-04 reads as follows:

RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION

WHEREAS, the City Commission (the “Commission”) of the City of Weslaco, Texas (the “City”), finds that financing the design, planning, acquisition, construction, equipping, expansion, repair, renovation, and/or rehabilitation of the public property, as well as the payment of fees for professional services related thereto, described in Exhibit A hereto would be beneficial to the inhabitants of the City, and such property is needed to perform essential governmental functions; and the Commission has determined that certificates of obligation (the “Certificates of Obligation”) should be issued pursuant to the provisions of the Certificate of Obligation Act of 1971, Section 271.041 et seq., Texas Local Government Code (the “Act”), for such purposes; WHEREAS, prior to the issuance of the Certificates of Obligation, the City is required to publish notice of its intention to issue the Certificates of Obligation in a newspaper of general circulation in the City, the notice stating (i) the time and place the Commission tentatively proposes to pass the ordinance authorizing the issuance of the Certificates of Obligation, (ii) the maximum amount of Certificates of Obligation proposed to be issued, (iii) the purposes for which the Certificates of Obligation are to be issued, and (iv) the manner in which the Commission proposes to pay the Certificates of Obligation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS, THAT: Section 1. Attached hereto and marked Exhibit A the “Notice of Intention to Issue Certificates of Obligation” (the “Notice”), the form and substance of which are hereby adopted and approved. Section 2. The Mayor or the City Secretary shall cause the Notice to be published in a newspaper, as defined in Section 2051.044, Texas Government Code, of general circulation in the City for two consecutive weeks, the date of first publication to be at least 30 days prior to the date tentatively set for the ordinance authorizing the issuance of the Certificates of Obligation. Section 3. The Mayor and the City Secretary are hereby authorized and directed to execute the Certificate to which this Resolution is attached on behalf of the Commission and to do any or all things proper and necessary to carry out the intent thereof. /s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

C. Discussion and consideration to authorize the transfer of the Marion Booth Funds into secure investments in accordance with the City’s investment guidelines as follows: $236,250.00 within an investment that matures within a period of 9 - 15 months, $236,250.00 within an investment that matures within a period of 15 - 18 months, the remainder within a Compass Bank account which currently retains a portion of the Booth Funds, and authorize the Mayor to execute any related documents. Possible action. (Staffed by the Library.) Attachment. The City Manager stated that this item came as a recommendation from the Library Advisory Board and expressed his gratitude to them for bringing it to the City’s attention. The funds are currently invested in Texpool with a very low interest rate; staff recommends diversifying the investments.


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Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. In response to Commissioner Pena, Mr. Mann stated that money markets and CDs pay twice the rate as Texpool. However, staff is recommending not touching the corpus and staggering the investments. The motion carried unanimously; Mayor Suarez was present, but not voting.

D. Discussion and consideration to accept the Texas Department of Transportation (TxDOT) “Highway Transfer Turnback Program” by which TxDOT pays $22,000.00 per lane mile of in-kind services for the next four (4) years if the City assumes permanent ownership and maintenance of current State owned roadways within the city limits, including FM 88 (Texas Blvd.), Business 83 and FM1015 and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment. The City Manager stated TxDOT is offering to turn over state roads to the City for $22,000.00 per lane mile of in-kind services toward other road projects with a cap of $100.00 million. Staff recommends a cautious approach by limiting approval to FM 88 (Texas Blvd.) from Sugarcane to 18th Street. TxDOT is willing to work with the City as it assumes 100% reasonability of that street. If approved today a letter must be submitted to TxDOT from the Mayor to express intent. The item will then be brought back to Commission once TxDOT has calculated the total value. In response to Mayor Suarez, the City Manager clarified staff is recommending approval of FM 88 only because FM 1015 and Business 83 are considered heavy truck traffic roads and would not remain in good condition over the long term. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the Texas Department of Transportation (TxDOT) “Highway Transfer Turnback Program” by which TxDOT pays $22,000.00 per lane mile of in-kind services for the next four (4) years if the City assumes permanent ownership and maintenance of current State owned roadways within the city limits for FM 88 (Texas Blvd) from Sugarcane to 18th Street. In response to Mayor Suarez, Mr. Underwood explained the amount would vary depending on location, but the City expects $250,000.00 to $300,000.00 of in-kind contribution from TxDOT for this stretch of road. Mr. Underwood stated that the Commission would no longer need approval from TxDOT to close the street for Al Fresco or for hanging banners, but the City would become responsible for the street’s maintenance. The motion carried unanimously; Mayor Suarez was present, but not voting.

E. Discussion and consideration to approve a Roadway Improvement priority list with related expenditures to be paid from the Certificates of Obligation, Series 2007, authorize a budget amendment as appropriate and authorize the Mayor to execute related documents. Possible action. (Staffed by Planning and Code Enforcement


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Department.) Attachment. The City Manager referenced page 72 of the agenda which identified potential projects and primary partners for each project. The City has the option to leverage funds from the County or State in order to stretch the $7.0 million in remaining funds. The list of proposed projects include South Westgate Drive Expansion from Business 83 to 34th Street, 18th Street, Mile 10 North, Nolana extension, Dolores Huerta from 2nd Street to Business 83, the Weslaco Comprehensive Plan, Drainage Plan, Park Study and railroad crossings, which all are eligible for expenditure from the existing funds. Staff is recommending that Commission target commercial areas to help attract business. In response to Commissioner Pena, the City Manager stated Las Brisas is not included in this list because an overlay just was completed by Hidalgo County. Mayor Suarez suggested the rehabilitation of other streets and the purchase of equipment to repair them in-house, commenting that the Commission just approved the TxDOT item and the City needs the equipment for road improvements. Mayor Pro-Tem Cuellar stated that the $2.0 million in escrowed funds could be used to purchase equipment and the materials could be purchased through the general fund. Mayor Suarez stated that he did not recall paving equipment on the final list. Mr. Raul Lozano, representing Hidalgo County Precinct 1, stated the Commissioners Court approved the repairs for Sugarcane from Mile 5½ to Mile 6. The County is prepared to move forward on the project for Border Avenue from 18th Street to 34th Street with a 52/48 split with the City. The County expects to contract out the work for curb, gutter, and drainage. In response to Commissioner Tafolla, Mr. Hinojosa stated four projects could be presented to the MPO which include Mile 10 North, 34th Street, the South portion of Westgate and Border Avenue. The City would need to get the projects shovel ready before presenting them to MPO which would take 18 months and require the acquisition of land. The City Manager recommends allocation $120,000.00 in engineering cost to fund the Dolores Huerta extension. Mr. Hinojosa stated the project would require 4-6 months for design and engineering and six months for construction. Commissioner Pena suggested a workshop be held to discuss potential projects and would include residential roads as well. The City Manager stated that it had been discussed at the previous workshop, but would be happy to hold another one. Commissioner Fox suggested that a list be provided to Mr. Hinojosa by Friday so a GIS map can be prepared for the workshop to help visualize the projects. Commissioner Tafolla suggested that staff add the drainage system to the list. Commissioner Noriega asked that residential streets be identified in an internal plan for improvements. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the


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item as presented. The City Manager recommended that no action be taken until after the workshop. Commissioner Tafolla, seconded by Commissioner Rivera, rescinded the motion. There was no action on this item.

F. Discussion and consideration to approve a Roadway Improvement priority list with related expenditures to be paid from the Certificates of Obligation, Series 2013, authorize a budget amendment as appropriate and authorize the Mayor to execute related documents. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment. There was no action on this item.

G. Discussion and consideration to authorize final payment to Hidalgo County for roadway improvements to Mile 9 North Road from FM 1015 to Mile 2 West Road in the amount of $22,317.82 from the Certificates of Obligation, Series 2007, authorize a budget amendment as appropriate and authorize the Mayor to execute related documents. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment. The City Manager stated that this item was for final payment to be issued to Hidalgo County for the overlay of Mile 9 North at Las Brisas Subdivision. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. In response to Commissioner Rivera, the City Manager clarified the County expanded the project last summer, resurfacing the street further East to Mile 2. In response to Commissioner Noriega, Mr. Underwood said the interlocal was approved last summer and the City incurred only 22% of the project cost. Mr. Lozano clarified that this was the first and final payment by the City for the cost of the materials. The motion carried unanimously; Mayor Suarez was present, but not voting.

H. Discussion and consideration to approve an amendment to an existing contract with TEDSI Infrastructure Group in an amount not to exceed $85,000.00 to provide design and construction services related to roadway improvements on Sugarcane Road (Mile 9 North) from Westgate Drive (Mile 6 West) to Border Avenue (Mile 5½ West), authorize a budget amendment as appropriate and authorize the Mayor to execute related documents. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment. The City Manager stated the City had a previous contract with TEDSI for roadway improvements, but the funds were programmed toward the North Wastewater


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Treatment Plant. There now are funds available to move forward on this project. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. In response to Commissioner Noriega, the City Manager stated that a stop order was issued in 2008 so no payments were issued. Mr. Underwood explained that the $85,000.00 is a 50/50 cost share with the County, but the City would take the lead on this project. The motion carried unanimously; Mayor Suarez was present, but not voting.

I. Discussion and consideration to authorize Request for Proposals of Automatic Meter Reading/Automatic Metering Infrastructure (AMR/AMI), authorize a budget amendment as appropriate and authorize the Mayor to execute related documents. Possible action. (Staffed by Public Utilities Department.) Attachment. The City Manager stated that this item was to continue with the modernization of the Public Utilities Department by replacing 9,000 residential meters with automatic meters. Staff is estimating a cost of $8.0 million and will install the new meters over a 6 to 12 month period. Mr. Salinas stated as part of the request for proposals an audit will be required to test the accuracy of the existing meters; in-house testing of the existing meters shows a 7% inaccuracy. In response to Commissioner Pena, Mr. Salinas state staff is trying to locate a revenue neutral funding source through performance contracting: the performance contractor would provide funding up front and then pay for the project through the earned savings of the revenue. The City is not committed to anything beyond the proposals at this point. Mr. Salinas stated that the automatic meters would measure down to 1/8 of a gallon per minute as opposed to the existing meters which measure down to ¼ of a gallon per minute. The readings will be sent directly to City Hall which will reduce the man power needed to get a physical reading from the meter. In response to Commissioner Tafolla, Mr. Salinas stated the meters have a 20 year warranty because the battery lifespan of a meter does not last longer than 20 years. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

J. Discussion and consideration to authorize the solicitation of Statement of Qualifications for professional services for the rehabilitation and/or upgrade of Lift Station No. 37, authorize a budget amendment as appropriate and authorize the Mayor to execute related documents. Possible action. (Staffed by Public Utilities Department.) Attachment. The City Manger stated that the City in the process of completing the rehabilitation of Lift Station 36 and the next priority is to repair the Lift Stations that feed the South


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Wastewater Treatment Plant. Staff recommends Lift Station 37 at this time because it is the last lift station to feed into the South Wastewater Treatment Plant. There is an estimated total cost of $1.1 to 1.5 million. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the item as presented. In response to Commissioner Noriega, Mr. Salinas clarified the funds would come from the capital improvements fee. Commissioner Pena called the motion to question. The motion carried unanimously; Mayor Suarez was present, but not voting.

K. Discussion and consideration to authorize the solicitation of Statement of Qualifications for the rehabilitation of City of Weslaco Water Towers located on Bridge Avenue and Kansas Avenue, authorize a budget amendment as appropriate and authorize the Mayor to execute related documents. Possible action. (Staffed by Public Utilities Department.) Attachment. The City Manager stated that the proposed item is in response to a TCEQ notice of violation received in reference to the corrosion at the water towers. Commissioner Rivera, seconded by Mayor Pro-Tem Cuellar, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

L. Discussion and consideration to authorize the solicitation of proposals to purchase lift station alarm monitoring equipment and services, authorize a budget amendment as appropriate and authorize the Mayor to execute related documents. Possible action. (Staffed by Public Utilities Department.) Attachment. The City Manager stated that this item was to continue with the modernization of the Public Utilities Department; there is an estimated cost of $29.00 per month in monitoring and $500.00 to advertise for proposals. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

III. CONSENT AGENDA

D. Approval of the renewal of the Lease Agreement with Weslaco Little League for use of Isaac Rodriguez Park Multi-Purpose Field and Minor Field and Concession Stands and Harlon Block Sports Complex Fields #1 and #2 and Concession Stands and authorize the Mayor to execute any related documents. (Staffed by Parks and Recreation Department.) Attachment. Commissioner Fox recommended approval with the stipulation that only one activity be held at any given time.


February 4, 2014

Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item with the stipulation that only one activity be held at a time. The motion carried unanimously; Mayor Suarez was present, but not voting.

VI. EXECUTIVE SESSION At 7:36 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 9:11 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public.

VII. POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION

A. Discussion with the City Manager and City Attorney regarding the consequences of the Allied Waste Services, A Republic Services Company amendment to its contract as authorized by §551.071 of the Texas Government Code. Mayor Pro-Tem Cuellar did not participate in Item VII. A. There was no action on this item.

B. Pending Litigation – Consultation with Special Counsel regarding Cause No. Cl-13-3660-G City of Progreso, Texas v. City of Weslaco, Texas in the County Court of Law #7, Hidalgo County pursuant to §551.071 of the Texas Government Code. There was no action on this item.

C. Pending Litigation – Consultation with Special Counsel regarding Cause No. Cl-13-3663-F City of Edcouch, Texas v. City of Weslaco, Texas in the County Court of Law #6, Hidalgo County pursuant to §551.071 of the Texas Government Code. There was no action on this item.

Add. A. Discussion, action, decision and/or vote on the personnel matters deliberated in closed session pertaining to unauthorized actions and inappropriate dealings with the Boys and Girls Club of the Mid Valley, the Boys and Girls Club of McAllen, and the Boys and Girls Club of Weslaco, Inc. which includes but is not limited to i) entering into Memorandum's of Understanding (MOUs) on behalf of the City without authorization by city commission; ii) the payment of City funds by the City Manager to the Boys and Girls Club of the Mid Valley, The Boys and Girls Club of McAllen and the Boys and Girls Club of Weslaco, Inc. iii) payment of city funds to the IRS of $5,000 on May, 2012 and $6,481.95 in February of 2013 to a defunct Boys and Girls Club entity without authorization by city commission for the benefit of the Boys and Girls Club of the Mid Valley; iv) execution of City checks and payment of City funds under MOUs that the City Manager entered into without authorization by city commission. v) violations of city charter in regards into binding the city into unauthorized agreements and violation of city charter in relation to making unauthorized payments were not brought to the commission for approval as per city charter. Possible Action. (Requested verbatim by Commissioners Noriega and Pena.)


February 4, 2014

Commissioner Fox abstained from discussion on Addendum Items VII. A and B. Subsequent to the last meeting when the City Attorney advised the Mayor Pro-Tem to abstain from that item related to the Boys and Girls Club as “there remains exposure to the Club,” the Mayor Pro-Tem reported Mr. Rudy Salinas, CPA, confirmed he has no personal liability regarding the Boys & Girls Club as a former board member. Additionally, in the absence of the City Attorney this meeting, Mayor Pro-Tem Cuellar referenced a legal opinion he received from Shelton & Valadez that he has no conflict of interest because this item is in reference to a personnel matter. Mayor Pro-Tem Cuellar stated that though he abstained then from discussion and vote, he requested the record to reflect he received clarified counsel he may participate in this and related action items. Commissioner Noriega, seconded by Commissioner Pena moved to suspend the City Manager without pay on administrative leave as deliberated in executive session pertaining to unauthorized actions and inappropriate dealings with the Boys and Girls Club of the Mid Valley, the Boys and Girls Club of McAllen, and the Boys and Girls Club of Weslaco, Inc. which includes but is not limited to i) entering into Memorandum's of Understanding (MOUs) on behalf of the City without authorization by city commission; ii) the payment of City funds by the City Manager to the Boys and Girls Club of the Mid Valley, The Boys and Girls Club of McAllen and the Boys and Girls Club of Weslaco, Inc. iii) payment of city funds to the IRS of $5,000 on May, 2012 and $6,481.95 in February of 2013 to a defunct Boys and Girls Club entity without authorization by city commission for the benefit of the Boys and Girls Club of the Mid Valley; iv) execution of City checks and payment of City funds under MOUs that the City Manager entered into without authorization by city commission. v) violations of city charter in regards into binding the city into unauthorized agreements and violation of city charter in relation to making unauthorized payments were not brought to the commission for approval as per city charter. Mayor Pro-Tem Cuellar stated for the past nineteen years the Commission provided funding to the Boys & Girls Club as part of its annual budget. The MOUs the City Manager authorized may have been done as an additional measure of protection for the City. But other quality of life disbursements authorized every year by the City Manager such as the Aurora House, Weslaco Museum, and Chamber of Commerce were budgeted and not brought back before the Commission. Commissioner Noriega stated, “The City Manager had no authority to do what he did. The City Charter states all warrants must come to the Commission, regardless whether it was for good cause or not.” In response to Mayor Suarez, Mr. Barry Jones stated he is not familiar with the City Charter but typically an MOU is considered an agreement. Mayor Suarez stated by issuing the MOUs the City Manager violated the City Charter and in one instance exceeded his spending authority. The City Manager stated that he has acted as managers have done before him. The


February 4, 2014

City Manager had discussed with the Mayor at the time what was being done and accepted the responsibility for not bringing it to the Commission earlier. The purchasing policy as approved by the Commissioner was followed and the checks were issued for services being provided by the organization at the time. The City Manager believes this to be a great community but believed the Commission was tearing each other apart. Mayor Suarez called for a roll call vote. Mayor Pro-Tem Cuellar, and Commissioners Tafolla, and Rivera opposed. By roll call vote, the motion failed in a tie (3-3).

Add. B. Discussion and possible action to seek RFQ for legal/audit/accounting firm(s) to conduct investigation into possible inappropriate dealings of the City Manager pertaining to unauthorized actions and inappropriate dealings with the Boys and Girls Club of the Mid Valley, the Boys and Girls Club of McAllen, and the Boys and Girls Club of Weslaco, Inc. which includes but is not limited to i) entering into Memorandum's of Understanding (MOUs) on behalf of the City without authorization by city commission; ii) the payment of City funds by the City Manager to the Boys and Girls Club of the Mid Valley, The Boys and Girls Club of McAllen and the Boys and Girls Club of Weslaco, Inc. iii) payment of city funds to the IRS of $5,000 on May, 2012 and payment of $ 6,481.95 of City funds in February of 2013 to a defunct Boys and Girls Club entity without authorization; iii) execution of City checks and payment of City funds under MOUs that the City Manager entered into without authorization by city commission. Possible Action. (Requested verbatim by Commissioners Noriega and Pena.) Commissioner Pena, seconded by Commissioner Noriega, moved to seek an RFQ for legal/audit/accounting firm(s) to conduct investigation into possible inappropriate dealings of the City Manager pertaining to unauthorized actions and inappropriate dealings with the Boys and Girls Club of the Mid Valley, the Boys and Girls Club of McAllen, and the Boys and Girls Club of Weslaco, Inc. which includes but is not limited to i) entering into Memorandum's of Understanding (MOUs) on behalf of the City without authorization by city commission; ii) the payment of City funds by the City Manager to the Boys and Girls Club of the Mid Valley, The Boys and Girls Club of McAllen and the Boys and Girls Club of Weslaco, Inc. iii) payment of city funds to the IRS of $5,000 on May, 2012 and payment of $ 6,481.95 of City funds in February of 2013 to a defunct Boys and Girls Club entity without authorization; iii) execution of City checks and payment of City funds under MOUs that the City Manager entered into without authorization by city commission. Mayor Pro-Tem Cuellar called for a roll call vote. Commissioner Noriega stated that she did not understand why the full Commission would not agree to seek out RFQs and allow for an external investigation. The City Manager stated that typically there is a preliminary review of facts before an investigation is held. Mayor Pro-Tem Cuellar, Commissioners Tafolla, and Rivera opposed. By roll call vote, the motion failed in a tie (3-3).


February 4, 2014

Add. 2

A. Discussion and consideration to ratify the Memorandum of Understanding (MOU) as executed by the City Manager with the Boys and Girls Club of the Mid Valley. Possible action. (Staffed by the City Manager’s Office.) Commissioner Fox abstained from discussion. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. Commissioner Noriega questioned why an MOU was issued to pay the IRS. The City Manager responded that Commission approval is not required when it is within budget and purchasing policy gives him the authority to spend. There is not a violation by the City in regards to the IRS levy. Mayor Suarez stated by ratifying this item the Commission would be condoning his behavior. The City Manager stated that the services were provided, invoiced and documented. Mayor Suarez responded that the funds were no longer for a public purpose; it was a private purpose to aid a personal liability. Mayor Pro- Tem Cuellar asked the Commission to show the same conviction when discussing items in later meetings dealing with other bad behavior. Commissioner Tafolla asked the Commission to be more diligent so that all MOUs and contracts are presented for approval. Commissioner Noriega expressed her concern that there may be other instances where funds were expended or MOUs executed without Commission approval. Mayor Suarez, Commissioners Noriega, and Pena opposed. By roll call vote, the motion failed in a tie (3-3).

Add. 2

B. Discussion and consideration to ratify the Memorandum of Understanding (MOU) as executed by the City Manager with the Boys and Girls Club of McAllen. Possible action. (Staffed by the City Manager’s Office.) Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. Commissioner Fox stated there is no conflict of interest for this item because he was not an employee. Mayor Suarez stated that this MOU was issued for $46,000.00 which clearly exceeds the City Manager’s purchasing authority. Mayor Pro-Tem Cuellar responded that under the standard procedure of the Commission when funds are budgeted toward an entity they are paid out. Mayor Suarez, Commissioners Noriega and Pena opposed. By roll call vote, the motion carried (4-3).

Add. 2

C. Discussion and consideration to ratify the Memorandum of Understanding (MOU) as executed by the City Manager with the Boys and Girls Club of Weslaco, Inc. Possible action. (Staffed by the City Manager’s Office.)


February 4, 2014

Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the item as presented. The City Manager stated that he was seeking ratification of the MOU dated May 18, 2013. The remaining MOU was issued for under $15,000.00 and did not require Commission approval. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, amended the motion to ratify the MOU identified as dated May 18, 2013. Mayor Suarez, Commissioners Noriega and Pena opposed. By roll call vote, the motion carried (4-3).

VIII. ADJOURNMENT With no other business before the Commission, at 9:46 p.m. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to adjourn the January 21, 2014 regular meeting. The motion carried unanimously; Mayor Suarez was present, but not voting.

CITY OF WESLACO

MAYOR, David Suarez ATTEST: CITY SECRETARY, Elizabeth M. Walker MAYOR PRO-TEM, J.F. “Johnny” Cuellar

COMMISSIONER, David R. Fox

_______ COMMISSIONER, Olga M. Noriega COMMISSIONER, Gerardo “Jerry” Tafolla COMMISSIONER, Lupe Rivera COMMISSIONER, Fidel L. Pena, III


February 4, 2014

Date of Meeting: February 4, 2014 Agenda Item No. (to be assigned by CSO):

IV. B. From (name, title, department and who submitting on behalf of, if any): Michael Kelley, Chief of Police, Weslaco Police Department Subject: Discussion and consideration for approval to accept a check from All Call Metal Recycling LLC, in the amount of $1,365.24 for used brass casings turned into scrap and deposit it into the Police Department Firearm Budget, account # 01-512-2760. Discussion: Discussion and consideration for approval to accept a check from All Call Metal Recycling LLC, in the amount of $1,365.24 for used brass casings turned into scrap and deposit it into the Police Department Firearm Budget, account # 01-512-2760. Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [X] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: NA Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Staff recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): NA Responsibilities upon Approval: The Department will submit a budget amendment to the Finance Department.



February 4, 2014

Date of Meeting February 4, 2014

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

From: David Arce Recreation Director Subject: Mid Valley Youth Soccer League Discussion: Discussion and consideration to amend the use of the City Park Soccer Fields for the Mid Valley Youth Soccer League Contract and approve the use of the Soccer Fields at the City Park. Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: n/a If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: n/a Advisory Review, Parks Board recommends approval for the above mentioned. Approved at meeting 1/22/2014 Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments: Mid Valley Youth Soccer League Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Parks and Recreations Department.



February 4, 2014

STATE OF TEXAS * * COUNTY OF HIDALGO * LEASE AGREEMENT OF CITY * PROPERTY CITY OF WESLACO * On this ___ day of ________, 2014, THE CITY OF WESLACO, a municipal corporation located in Hidalgo County, Texas, hereinafter called "CITY" and the Mid Valley Youth Soccer League, hereinafter called "CLUB" enter into this Lease Agreement for the lease of city property under the following terms: 1. The City leases to the CLUB certain real property physically located at The Weslaco

City Parks Soccer Fields located in the Eastside of the park along Airport Dr. 2. The term of this lease shall be for six 6 months beginning February 1, 2014, and

ending July 31, 2014. Games will be Saturday morning from 8am – 1pm In consideration of the lease of the CITY property the "CLUB" agrees as follows: 1. That the CLUB will not construct any permanent buildings or improvements on the

real property subject of this lease agreement. 2. That the CLUB will not sublet the leased property or sign this lease to any other

party without the written consent of the CITY OF WESLACO. 3. The CLUB agrees and understands that the real property, the subject of this lease

agreement, will be used exclusively for soccer games. 4. The CLUB will hold the CITY OF WESLACO harmless for any injuries that are

sustained by any person either playing or watching the playing of soccer on this real property.

5. That the CLUB will carry liability insurance and said insurance will include the

CITY OF WESLACO in its policy. 6. That the CLUB will be entitled to possession of the leased property immediately

upon execution of this lease agreement. 7. That the person signing on behalf of the team is authorized to execute this lease

agreement with the CITY OF WESLACO. 8 The “CLUB” shall endeavor to assist the CITY in providing a safe and clean

complex for participant and spectator. 9. One (1) vehicle shall be allowed to be parked next to concession stand for the

purpose of carrying equipment & supplies and security all Other automobiles or other vehicles will park in areas designated for such purpose by City to provide


February 4, 2014

adequate parking. 10. The “CLUB” will provide the City an accounting of all monies collected in registration

fees and all concession stand revenues and all the expenses incurred. Any time the City requests such accounting.

11. The “CLUB” is responsible for scheduling soccer games with The Mid Valley

Youth Soccer Association and providing adult supervision at all scheduled soccer activities.

12. The “CITY” shall have the right to decide when the soccer field is unplayable due

to current or anticipated weather conditions. 13. The ‘CLUB” will file with the Parks and Recreation Department, officers and

appropriate contact phone numbers for the purpose of directing public inquires to the proper authorities regarding this program.

14. The ‘CLUB” shall report any repairs or potential hazards to the Parks and

Recreation Department 15. City will maintain the Soccer fields; including mowing and marking when

possible & maintenance scheduling will be determined by City upon advanced receipt of written practice and CLUB game schedules.

16. City undertakes no Responsibility to obtain sponsors for “CLUB” activities.

17. City employees will not be allowed to participate in Association activities as Officers.

IN WITNESS WHEREOF, the undersigned hereby execute this lease agreement as of the day and year first above written. CITY OF WESLACO _______________________ DAVID SUAREZ, Mayor ATTEST: ___________________________________ ELIZABETH M. WALKER, City Secretary MID VALLEY YOUTH SOCCER LEAGUE By:_________________________________ ATTEST: ROBERT GONZALEZ


February 4, 2014

ewalker

Typewritten Text

By:__________________________ RAMON VELA, City Attorney

ewalker

Typewritten Text


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

From: David Arce Parks and Recreation Director Subject: DWM Soccer League Discussion: Discussion and consideration to amend the use of the City Park Soccer Fields for the DWM Soccer League Contract and approve the use of the Soccer Fields at the City Park. Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: n/a If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: n/a Advisory Review: Parks Board recommends approval for the above mentioned. Approved at meeting 1/22/2014 Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments: Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Parks and Recreations Department.



February 4, 2014

STATE OF TEXAS * * COUNTY OF HIDALGO * LEASE AGREEMENT OF CITY * PROPERTY CITY OF WESLACO * On this ___ day of ________, 2014, THE CITY OF WESLACO, a municipal corporation located in Hidalgo County, Texas, hereinafter called "CITY" and the DWM United Soccer Club, hereinafter called "CLUB" enter into this Lease Agreement for the lease of city property under the following terms: 1. The City leases to the CLUB certain real property physically located at The Weslaco

City Parks Soccer Fields located in the Eastside of the park along Airport Dr. 2. The term of this lease shall be for 6 months beginning February 1, 2014, and ending

July 31, 2014. Games will be Saturday after 2pm and Sunday after 12pm. In consideration of the lease of the CITY property the "CLUB" agrees as follows: 1. That the CLUB will not construct any permanent buildings or improvements on the

real property subject of this lease agreement. 2. That the CLUB will not sublet the leased property or sign this lease to any other

party without the written consent of the CITY OF WESLACO. 3. The CLUB agrees and understands that the real property, the subject of this lease

agreement, will be used exclusively for soccer games. 4. The CLUB will hold the CITY OF WESLACO harmless for any injuries that are

sustained by any person either playing or watching the playing of soccer on this real property.

5. That the CLUB will carry liability insurance and said insurance will include the

CITY OF WESLACO in its policy. 6. That the CLUB will be entitled to possession of the leased property immediately

upon execution of this lease agreement. 7. That the person signing on behalf of the team is authorized to execute this lease

agreement with the CITY OF WESLACO. 8 The “CLUB” shall endeavor to assist the CITY in providing a safe and clean

complex for participant and spectator. 9. One (1) vehicle shall be allowed to be parked next to concession stand for the

purpose of carrying equipment & supplies and security all Other automobiles or other vehicles will park in areas designated for such purpose by City to provide


February 4, 2014

adequate parking. 10. The “CLUB” will provide the City an accounting of all monies collected in registration

fees and all concession stand revenues and all the expenses incurred. Any time the City requests such accounting.

11. The “CLUB” is responsible for scheduling soccer games with The DWM United

S.C. and providing adult supervision at all scheduled soccer activities. 12. The “CITY” shall have the right to decide when the soccer field is unplayable due

to current or anticipated weather conditions. 13. The ‘CLUB” will file with the Parks and Recreation Department, officers and

appropriate contact phone numbers for the purpose of directing public inquires to the proper authorities regarding this program.

14. The ‘CLUB” shall report any repairs or potential hazards to the Parks and

Recreation Department. 15. City will maintain the Soccer fields; including mowing and marking when

possible & maintenance scheduling will be determined by City upon advanced receipt of written practice and CLUB game schedules.

16. City undertakes no Responsibility to obtain sponsors for “CLUB” activities.

17. City employees will not be allowed to participate in Association activities as Officers.

IN WITNESS WHEREOF, the undersigned hereby execute this lease agreement as of the day and year first above written. CITY OF WESLACO _______________________ David Suarez, Mayor ATTEST: ___________________________________ ELIZABETH M. WALKER, City Secretary DWM United S.C. By:_________________________________ ATTEST: By:_______________________ RAMON VELA, City Attorney


February 4, 2014


February 4, 2014

Date of Meeting: 01-21-2014

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

From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, Planning and Code Enforcement Subject: Discussion and Consideration of a Roadway Improvement priority list with related expenditures to be paid from the Certificates of Obligation, Series 2007, authorize budget amendment as appropriate and authorize Mayor to execute related documents. Discussion: On December 17, 2013 the City Commission held a workshop to discuss and solicit public input on various roadway improvement projects. The concept, as discussed at the workshop, is to leverage City funds with County, State and Federal dollars. In order to make this happen projects must be ready to let for construction. This implies that all environmental, schematic and right of way acquisition is funded and performed at the local level. Road projects that will only involve City money do not need environmental clearance. Fiscal Note: Amount: N/A Term of Impact: [] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [X ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Approve the priority list as presented. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Proposed priority list Responsibilities upon Approval: Staff will follow up with required documentation



February 4, 2014

Project

Descrip

tion

Total

Environm

ental

and Sche

matics

Total ROW

Acqu

isitio

nTo

tal Engineerin

gTo

tal Estim

ated

Co

nstructio

n Co

stFund

ing

Sources

Iden

tified by

HCM

PO

1Do

lores H

uerta Extension

Improve conn

ectiv

ity from

2nd

St to Bu

s 83 for h

ospital access

Local

120,00

0$

821,00

0$

ANO

Total

‐$

‐$

120,00

0$

821,00

0$

In‐hou

se*Engineerin

g Plans to be

com

pleted

by

City's Planning

Dep

artm

ent.

AvaA

vailable Fund

ing Sources:

ACity of W

eslaco

BTxDO

T************* Estim

ated

cost o

f project is und

er re

view

CHidalgo

Cou

nty

Suggested Projects Total City

Cost =

821,00

0.00

$

DWeslaco ISD

EWeslaco EDC

City of W

eslaco

Planning

Cost E

stim

ates

2007

Certificates of O

bligation

1/13

/201

4


February 4, 2014

ewalker

Typewritten Text

ewalker

Typewritten Text


February 4, 2014

ewalker

Typewritten Text


February 4, 2014

Date of Meeting: 01-21-2014

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

From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, Planning and Code Enforcement Subject: Discussion and Consideration of a Roadway Improvement priority list with related expenditures to be paid from the Certificates of Obligation, Series 2013, authorize budget amendment as appropriate and authorize Mayor to execute related documents. Discussion: On December 17, 2013 the City Commission held a workshop to discuss and solicit public input on various roadway improvement projects. The concept, as discussed at the workshop, is to leverage City funds with County, State and Federal dollars. In order to make this happen projects must be ready to let for construction. This implies that all environmental, schematic and right of way acquisition is funded and performed at the local level. Road projects that will only involve City money do not need environmental clearance. Fiscal Note: Amount: N/A Term of Impact: [] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [X ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Approve the priority list as presented. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Proposed priority list Responsibilities upon Approval: Staff will follow up with required documentation



February 4, 2014

Project

Descrip

tion

Total

Environm

ental

and Sche

matics

Total ROW

Acqu

isitio

nTo

tal Engineerin

gTo

tal Estim

ated

Co

nstructio

n Co

stFund

ing

Sources

Iden

tified by

HC

MPO

1South Westgate Dr. Expan

sion

Expa

nsion from

Business 8

3 to 34th Street

410,000

$

1,430,400

$

1,125,637

$

12,507,079

$

A / B

NO

2Bo

rder Ave.

Expa

nsion from

18th to 34th Street

Local

184,989

$

2,055,431

$

A / C

NO

334th Street E

xpan

sion (5 M

i)Expa

nd ro

ad to

4 lane

s from FM 1015 to

Westgate Dr.

TxDO

T1,691,700

$

1,387,568

$

15,417,426

$

A / B

/ C

NO

418th Street E

xpan

sion

Expa

nsion from

Airp

ort D

rive to FM 1015

Local

265,000

$

191,000

$

1,908,000

$

A / C

YES / U

NFU

NDE

D5Mile 10 North Rd Expa

nsion

Expa

nsion will alleviate traffic flow

in city

615,000

$

1,350,000

$

1,434,229

$

15,935,878

$

A / B

/ C

YES / F

Y 2031

‐35

6Do

lores H

uerta North Ext.

Extension from

US 83

to M

ile 10 North

Local

**************

*************

AYES / U

NFU

NDE

D7Do

lores H

uerta Expa

nsion

Expa

nd ro

ad to

4 lane

sLocal

**************

*************

ANO

8Nolan

a Extension

Expa

nsion from

FM 1015 to FM 88 to con

nect with

west e

xpan

sion

205,000

$

605,070

$

**************

**************

A / B

/ C

NO

9FM

88 South Expa

nsion

Expa

nsion will alleviate traffic flow

in city

410,000

$

220,000

$

874,449

$

9,716,100

$

A / B

NO

10Westgate Extension 2

Expa

nd ro

ad to

4 lane

s from M

ile 11 North to

SH 107

Outsid

e City

2,560,898

$

28,454,419

$

B / C

YES / F

Y 2031

‐35

11FM

1015 Highw

ater Brid

geBridge

to avoid traffic diversio

n du

ring flo

od events

300,000

$

270,000

$

3,044,052

$

33,822,803

$

A / B

/ C

NO

Total

1,940,000

$

5,832,170

$

10,802,822

$

119,817,136

$

AvaA

vailable Fund

ing Sources:

ACity of W

eslaco

BTxDO

TC

Hida

lgo Co

unty

DWeslaco ISD

EWeslaco EDC

************* Estim

ated

cost o

f project is und

er re

view

*Sug

gested

Projects a

ssum

e a 50/50 match fo

r projects in city and

*Sugg

ested Projects Total City

Cost =

6,375,994.86

$

coun

ty limits. Project 1 is th

e on

ly project to

use only city fu

nds

Plan

ning

Projects T

otal City

Cost =

860,300.00

$

durin

g Environm

ental and

Schem

atics a

nd ROW Acquisition.

TOTA

L =

7,236,294.86

$

City of W

eslaco

Plan

ning

Cost E

stim

ates

1/13/2014

2013

Certificates of O

bligation


February 4, 2014

Project

Descrip

tion

Estim

ated

Cost

1Co

mpreh

ensive Plan

Weslaco plan to iden

tify land

use, econo

mic develop

men

t, anne

xatio

ns, etc.

150,00

0$

2Drainage Study

Stud

y to determine drainage im

provem

ent a

reas and

overall city drainage system

.50

0,00

0$

3Parks P

lan

Plan

to determine im

provem

ent a

reas fo

r city

parks.

50,000

$

4Bo

rder Avenu

e Main Tract

Railroad crossin

g51

,250

$

5Illinois A

venu

e Tract

Railroad crossin

g51

,250

$

6Re

public Street T

ract

Railroad crossin

g57

,800

$

Total

860,30

0$

City of W

eslaco

P lanning

Cost E

stim

ates

2013

Certificates of O

bligation Planning

Projects

1/17

/201

4


February 4, 2014


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

From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, on behalf of Sylvia Mendoza, owner Arturo Robles. Subject: Discussion and consideration to approve a Conditional Use Permit to operate a dance hall with live music at 2901 W. Business Hwy. 83, also being 1.7295 acres of land out of Farm Tract 626, West Tract Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting a Conditional Use Permit to operate a dance hall with live music. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on December 23, 2013. Ten (10) property owners within 200 ft. of the applicant’s property were notified by letter on January 3, 2014. This business will allow patrons to bring their own alcoholic beverages to the location. This is a renewal of a Conditional Use Permit that was approved by the Planning and Zoning Commission on April 17, 2013 and the City Commission on May 7, 2013. From the time of the original approval the applicant has been working on the building; however, time has expired on the permit and it must be renewed prior to the business opening. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 01/15/2014, recommends approval with the conditions that (1) a minimum of two security officers be on duty during business hours (2) hours of operation will be from 6 pm to 2 am from Wednesday through Saturday only. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant.



February 4, 2014


February 4, 2014


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

From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, on behalf of Jardines De Weslaco, LLC, Rodolfo Ornelas, President. Subject: Discussion and consideration of the Re-plat of El Jardin Estates Subdivision, being an 11.86 acre tract of land, more or less, out of the north 16.77 acres of Farm Tract 1040, Adams Tract Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting to modify the building front setback from 25 feet to 15 feet for Lots 1 through 37. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on December 23, 2013. Eleven (11) property owners within 200 ft. of the applicant’s property were notified by letter on January 3, 2014. The property is zoned R-2 Duplex and Apartment District. The applicant is proposing to develop the area into a duplex subdivision. The original plat was recorded on October 26, 2012. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 01/15/2014, recommends denial of the plat and corresponding variance for setbacks. Recommendation for Commission Action: Staff recommends denial. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Responsibilities upon Approval: Planning staff will advise applicant.



February 4, 2014


February 4, 2014


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

From (name, title, department and who submitting on behalf of, if any): Leonardo Olivares, City Manager/ CMO Subject: Discussion and consideration to approve the submission of the Final Proposed Annual Work Plan for the City of Weslaco under the Hidalgo County Urban County Program. Funding Allocation and approval of Resolution No.2014-05 for Year 27 (2014) to accept the allocation of approximately $308,702.00 and authorize the Mayor to execute all necessary documents.

Discussion: The overall goals for the Consolidated Plan are to strengthen partnerships with jurisdiction, to extend and strengthen partnerships among all levels of government and the private sector to enable them to provide decent housing, to establish and maintain a suitable living environment, and to expand economic opportunities for every citizen, particularly for very low income persons. The City of Weslaco held a public hearing at 6:00 pm on October 15, 2013 in the Legislative Chambers at 255 S. Kansas Ave. Weslaco, TX. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [X ] Mayor’s Signature [X] Public Hearing [ ] Budget Amendment [X ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Approval of the 2014 (Year 27) Urban County Work Plan for the City of Weslaco. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): City of Weslaco Annual Work Plan for 2014: (A) General Program Administration; (B) Water/Sewer Improvements; (C) Park Recreational Facility Improvements and (2) City Commission Resolution. Responsibilities upon Approval: Forward copies of attachments to Gloria Givilancz along with City Secretary Certification of the minutes of this part of the meeting, including Commissioners present at meeting, when available.



February 4, 2014

WATER/SEWER IMPROVEMENTS

YES NO

CITY OF WESLACOMEETS AN URGENT NEED (ACT OF NATURE)

CERTIFICATION OF SERIOUS / IMMEDIATE THREAT:

DATE OF OCCURANCE:

DOCUMENTATION OF DENIAL OF RESOURCES FOR OTHER APPROPRIATE SOURCES:

URBAN COUNTY PROGRAM COORDINATOR DATE

DOES THE PROPOSED PROJECT MEETS AN URGEN NEED NATIONAL OBJECTIVE?

APPROVAL TO INCLUDE IN WORKPLAN

URBAN COUNTY PROGRAM DEPUTY DIRECTOR DATE

*************************************************************************************************

ELIGIBILITY CERTIFICATIONMEETS ALL REQUIREMENTS OF A NATIONAL OBJECTIVE


February 4, 2014

MATRIX PROJECT NAME ESTIMATEDCODE BRIEF DISCRIPTION (INCLUDE AGENCY NAME) AMOUNT

21 A General Program Administration 5,000.00$ 03J Water/Sewer Improvements 259,392.00$ 03F Park, Recreational Facility Improvements 44,310.00$

TOTAL: 308,702.00$

PROPOSED PROJECTS:

CITY OF WESLACOWORKPLAN SUMMARY SHEET

FISCAL YEAR 27 (2014)

AVAILABLE FUNDS: $ 308,702.00


February 4, 2014


February 4, 2014

2014

WESLACO

$308,702.00

21A Exempt 58.34(a)(3)

GENERAL PROGRAM ADMINISTRATION Funds shall be used for expenses related to the compliance of CDBG requirements such as advertisements, postings and coordinating project activities. Location: 255 S. Kansas Street.; Weslaco, TX

$5,000.00

03J Cat. Excl. Not Subj. to: 58.35 (b) (7)

WATER/SEWER IMPROVEMENTS Project consists of the continuation of a 2013 project which includes Phase 2 of 3 of the installation of water lines and sewer lines and related street resurfacing improvements to include but not limited to engineering advertisements and material testing as it pertains to project completion. All lines will be installed in the alleys between main roads of Calle Del Cedro and Calle Del Pino. LOCATION: 1) Alley: between Calle del Cedro and Calle del Pino from Railroad to Los Torritos St. 2) Alley between Calle del Pino and Missouri between Rail Road to Los Torritos CENSUS TRACK: 224.00 (01-03) BENEFICIARIES: 3097

$259,392.00

03F

PARK, RECREATIONAL FACILITY IMPROVEMENTS Project consists of the development of Cavazos Park to include but not limited to the purchase and installation of loose fill rubber mulch to be placed around the playground structures for safety purposes, basketball backboards, construction of concrete sidewalks. Project will also include advertisements, material testing fees and related appurtenances as they pertain to project completion. Engineering will be incurred by the City of Weslaco. Location: 400 S. Hidalgo St.; Weslaco, TX Beneficiaries: 784

$44,310.00


February 4, 2014

RESOLUTION # 2014-05

A RESOLUTION ADOPTING THE WORK PLAN AND BUDGET FOR YEAR TWENTY-SEVEN (27) URBAN COUNTY PROGRAM WHEREAS, the City of Weslaco is participating in the Urban County Program; and WHEREAS, the City of Weslaco conducted a Public Hearing on Tuesday, October 15, 2013 at 6:00 P.M. at the Weslaco City Hall Legislative Chambers to solicit public input on community needs in compliance with CDBG requirements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF Weslaco TEXAS THAT: The Urban County work plan and budget for Year Twenty-seven (27) 2014 is hereby adopted as follows:

Year 27 (2014) PROGRAM ACTIVITY BUDGET General Administration $5,000.00 Water/Sewer Improvements $259,392.00 Park, Recreational Facility $44,310.00 TOTAL $308,702.00 PASSED, APPROVED AND ADOPTED THIS THE 4th DAY OF FEBRUARY, 2014

CITY OF WESLACO

David Suarez, MAYOR

ATTEST:

Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

Ramon Vela, CITY ATTORNEY


February 4, 2014


February 4, 2014

ewalker

Typewritten Text

VI. D.


February 4, 2014

RESOLUTION NO. 2014-06

THE STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

A RESOLUTION ELECTING TO PARTICIPATE IN TAX ABATEMENT AGREEMENTS

WHEREAS, stimulation of business and commercial activity and the creation

and retention of job opportunities within the City of Weslaco (the “City”) and within the City of Weslaco’s Extra Territorial Jurisdiction (ETJ) is of the highest priority; and

WHEREAS, new business and commerical activity, new jobs, and new

investments will beneift the City of Weslaco by bolstering the economy within the City, providing employment opportunities in the City, strengthening the real estate market within the City, and generating tax revenue to support City services; and

WHEREAS, the abatement of property taxes, as authorized by Chapter 312 of the Texas Tax Code, when offered to retain or expand primary employment or to attract investment, has proven to be an effective method of contributing to the economic development within a city; and

WHEREAS, Chapter 312 of the Texas Tax Code authorizes the City to abate

taxes in a property in a reinvestment zone; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION

OF THE CITY OF WESLACO that the City of Welsaco elects to participate in tax abatement agreements pursuant to Chapter 312 of the Texas Tax Code.

PASSED AND APPROVED this 4th day of February, 2014. CITY OF WESLACO

_______________________________________ David Suarez, MAYOR ATTEST: _______________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: _______________________________________ Ramon Vela, CITY ATTORNEY


February 4, 2014


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

From: David Arce Parks and Recreation Director Subject: Adult Soccer League Discussion: Discussion and consideration to create an Adult Soccer League in the City of Weslaco, to use City Park north side soccer fields to the Monday and Wednesday from March 1- June 30, and authorize a budget amendment as appropriate. Possible action. Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: n/a If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: n/a Advisory Review: Parks Board recommends approval for the above mentioned. Approved at meeting 1/22/2014 Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments: Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Parks and Recreations Department.



February 4, 2014

Adult Soccer Estimate Budget

Revenue:

Number of teams 18

Team fee $300

Total Revenue $5400

Expenses:

Trophies $300

Referees (125 games) $3125

Misc. Equipment $1000

Difference for running the program $5400 - $4425=$975


February 4, 2014


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

From: David Arce Recreation Director Subject: Adult Softball League Discussion: Discussion and consideration to create an Adult Softball League in the City of Weslaco, to use Harlon Block Park fields 3 and 4, from March 1- June 30, and authorize a budget amendment as appropriate. Possible action. Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: n/a If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: n/a Advisory Review: Parks Board recommends approval for the above mentioned. Approved at meeting 1/22/2014 Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments: Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Parks and Recreations Department.



February 4, 2014

Adult Softball Estimate Budget

Revenue: Men’s Coed

Number of teams 12 6

Team fee $300 $300

Total Revenue $3600 $1800

Expenses:

Trophies $400 $200

Referees (80 games) $2000 (38 games) $950

Misc. Equipment $500 $250




February 4, 2014


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

From: David Arce Parks and Recreation Director Subject: Youth/Adult Tennis Classes Discussion: Discussion and consideration to create an youth/adult training class in the City of Weslaco, to use City Park tennis courts on the south end, Monday thru Saturday from to start in 2014, and authorize a budget amendment as appropriate. Possible action. Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: n/a If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: n/a Advisory Review: Parks Board recommends approval for the above mentioned. Approved at meeting 1/22/2014 Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments: Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Parks and Recreations Department.



February 4, 2014

MTPENBAL24 PENN PRACTICE BALL 01/29/2014 MTPENBAL 4PAC 64.80 259.20MTRETRIE TENNIS BALL RETRIEVER - 85 BALL 01/24/2014 MTRETRIEDS 3EA 36.79 110.371342550 DELUXE TEACHING CART 01/29/2014 1342550 2EA 204.99 409.981154733 LOBSTER ELITE 1 BALL MACHINE 01/30/2014 1154733 1EA 1,379.99 1,379.991154788 LOBSTER WIRELESS REMOTE CONTROL 01/30/2014 1154788 1EA 275.99 275.991154764 LOBSTER PREMIUM FAST CHARGER 01/30/2014 1154764 1EA 183.99 183.991154795 LOBSTER ELITE STORAGE COVER 01/30/2014 1154795 1EA 73.59 73.59MTSRAQ38 ALUM TENNIS RACQ 4-3/8 01/29/2014 MTSRAQ38 8EA 12.29 98.32

Page 1 of 1

Merchandise Other Freight Sales Tax Payment/Credit Total Order AmountSub Total Applied

$ 2,791.43 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 2,791.43

P.O. Box 7726, DALLAS, TX 75209TEL: 1-800-527-7510 FAX: 1-800-899-0149Come Visit us at www.bsnsports.com

Item Item Delivery SKU Color/ Qty/ Unit ExtendedNumber Description DT(S) Team/ UOM Price Price

Size

QuotationRepeat Printout

Document Number: 20577435P.O. Number : tennisDoc. Creation Date: 01/10/2014Customer Number : 1035102Sales Rep : Brigitte MetcalfOrdered by : DAvid Arce

This is NOT a Bill - DO NOT PAY.

CITY OF WESLACO255 S KANSAS AVEWESLACO TX 78596-6158

Payer:

CITY OF WESLACO255 S KANSAS AVEWESLACO TX 78596-6158

Ship To:

______

1035102CITY OF WESLACO255 S KANSAS AVEWESLACO TX 78596-6158

Customer #:Sold To:

Check your quote at www.bsnsports.com/?&ProgramID=20577435&zip=78596-6158


February 4, 2014

Youth Tennis Estimate Budget

Revenue:

Number of kids 30

Fee $40

Total Revenue $1200

Expenses:

Trainer (32 hours) $320 8 days at 4 hours a day

Misc. Equipment $3000

Difference for running the program $1200 - $3320= -$2120

Misc. Equipment is an initial startup equipment to include, attached is some item we will need to start, and possibly some others once the instructor is hired.

The classes will start by the month, 4 weeks twice a week.


February 4, 2014

City of Weslaco

Delinquent Tax Collection

First Quarter Report

Linebarger Goggan Blair & Sampson, LLP 205 S. Pin Oak Ave., Edinburg, Texas 78539 Phone: 956-383-4500 Fax: 956-383-7820


February 4, 2014

1

LAW OFFICES OF

LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ATTORNEYS AT LAW

205 S Pin Oak Ave. EDINBURG, TEXAS 78539 ___________________

Telephone: (956) 383-4500 Facsimile: (956) 383-7820

February 4, 2014 Mr. David Suarez, Mayor Mr. John F. Cuellar, Mayor Pro-Tem, Dist. 2 Mr. David R. Fox, Commissioner, Dist. 1 Ms. Olga Noriega, Commissioner, Dist. 3 Mr. Gerardo “Jerry” Tafolla, Commissioner, Dist. 4 Mr. Lupe V. Rivera, Commissioner, Dist. 5 Mr. Fidel L. Pena, Commissioner, Dist. 6 City of Weslaco 255 S. Kansas Weslaco, Texas 78596

Re: Delinquent Tax Collection Report for the Period of October 1, 2013 through December 31, 2013

Dear Mayor Suarez and Commissioners: The Linebarger Goggan Blair & Sampson, LLP Report highlights our delinquent ad valorem tax collection program on behalf of the City of Weslaco. Our collection results, as noted herein, indicate our efforts continue to be successful for the City of Weslaco. Please know that we truly appreciate the opportunity to represent the City of Weslaco on all delinquent ad valorem tax matters. As always, we will continue to provide the City of Weslaco with quality representation, consistent results, and an ample experienced staff of attorneys, legal assistants and a certified tax assessor collector dedicated to servicing your account. We are available to address any questions you may have or to discuss any concerns that interest you at your convenience.

Sincerely,

Kelly Rivera Salazar Attorney


February 4, 2014

2

LINEBARGER GOGGAN BLAIR & SAMPSON APPROACH The delinquent tax collection program for the City of Weslaco continues to emphasize two basic premises: to work with individual taxpayers to collect taxes owed to the City of Weslaco and to use the tool of litigation as a final option.

DEMAND MAILINGS Our extensive mailing program is designed to advise people who have not paid their City of Weslaco taxes of their delinquency. During the course of the fiscal year, we send delinquent notices, with varying degrees of intensity to the delinquent taxpayer. The intensity of the notice varies on factors such: as time of year, type of property and the particular needs of the jurisdiction. Three (3) mailings were completed targeting 2,579 accounts representing an average of approximately $651,391 in delinquent taxes, penalties and interest per mailing.

LITIGATION SUMMARY Filing a lawsuit to collect delinquent taxes is used as a final resort; after diligent efforts to contact and work with taxpayers are fully exhausted. Once the decision to file suit has been made, a complete property title search is conducted, the taxable property is further identified and all interested parties including all lien holders, are identified and served with notice of the lawsuit.

Litigation Activity Cases Base, Penalty and Interest

Lawsuits/Interventions Filed 9 $24,345

Tax Warrants 2 $1,699

Lawsuits Disposed 10 $20,120

Judgments Taken 9 $28,555

Pending Litigation as of Jan. 2014 203 $604,833

Demand Mailings

Litigation Summary

Taxpayer Contact

Sheriff’s Sales

Taxpayer Contact

Over 250 Phone Calls

Over 38 Walk-Ins

Over 16 Personal Visits

Over 25 Pay off

Requests


February 4, 2014

3

SHERIFF FORECLOSURE PROGRAM Tax Sale Activity

Our Office regularly monitors all judgments we take on behalf of the City of Weslaco. During this reporting period, one (1) tax sale was conducted placing six (6) properties for sale.

BANKRUPTCY CLAIMS FILED City of Weslaco is represented in all bankruptcies involving a delinquent taxpayer in your jurisdiction. Representation includes filing claims, monitoring the bankruptcy process, attending hearings, engaging in active litigation and doing everything to protect and maximize the City of Weslaco interest. Our program identifies accounts dismissed and discharged from bankruptcy that are now ready for collections or law suit. Chapter Seven: Complete liquidation of a debtor's non-exempt assets. Chapter Eleven: This allows a Corporation to devise a plan to reorganize its debts and obligations to allow extended repayment of its creditors. Chapter Twelve: Same as Chapter 13 but specifically designed for agricultural businesses. Chapter Thirteen: Entitled "Adjustment of Debts of an Individual with Regular Income," permits a person to retain that amount of earned income necessary for living expenses while paying the court the remainder to be distributed among the individual's creditors to pay off debts on an installment basis.

Pulled-Paid Before Sale (4),

$9,726

Struck Off (1), $12,070 Pulled-Payment

Agreement (1), $209

Total Bankruptcy Filings

Ch. 7 4 $902 Ch. 11 4 $27,220 Ch. 13 47 $57,083 Total 55 $85,205


February 4, 2014

4

COLLECTION HIGHLIGHTS

First Quarter Collections

FUTURE OVERVIEW Review of Pending Judgments and the Filing of Additional Lawsuits

During the next quarter we will continue to work pending lawsuits for full

payment or payment agreements. We will also continue researching the

delinquent tax roll for possible new lawsuits; both real and personal property

accounts.

Continued Monitoring of Bankruptcy Accounts

As a continuation of our standard operating practice, we will actively monitor

and verify accounts in bankruptcy for the payment of taxes, penalties, and

interest owed to the City of Weslaco.

Mailing Program

For this next quarter, scheduled mailings on behalf of the City of Weslaco are as

follows:

January 2014 (Completed)

February 2014

March 2014

$100,277 $120,127

$37,348

$44,809

$0

$20,000

$40,000

$60,000

$80,000

$100,000

$120,000

$140,000

$160,000

$180,000

Oct. 2012 - Dec. 2012 DTR. $1,983,126

Oct. 2013- Dec. 2013 DTR. $1,803,633

P&I

Base Tax

$164,936

$137,625

Source: Hidalgo County Tax Office


February 4, 2014

5

Scheduling of Property Sales

As properties are taken to judgment, they will be reviewed and checked for

payment and/or payment agreements. Those judgments with no taxpayer

response will be further reviewed and scheduled for possible tax sale.

Execution of the work plan established for the City of Weslaco will include the constant monitoring of

collection figures in order to adjust resources and enforce the collection of delinquent taxes. Our

collection efforts will also include prosecuting pending suits to conclusion, mailing monthly letters, and

filing new suits in order to maximize the collection of taxes. We will continue to work closely with you

and your administrative staff to provide assistance and advice on all property tax matters, including

changes in the law brought about by amendments to the Texas Property Tax Code.


February 4, 2014

Property Observation Report

Inspection Address: Valley Nature Center 301 S. Border

Weslaco, Texas Initial Inspection Date: January 17, 2014 Report Date: January 17, 2014 Prepared For: City of Weslaco Prepared By: Prodigy Construction Management 1335 E. Jasmine Ave. McAllen, TX 78501 O: 956-800-1122 F: 956-664-1832 Weather Conditions: Cloudy Winds: N 9 MPH Avg. Temperature: 67°F Observers(s): Chris A. Lopez


February 4, 2014

Figure 1 Figure 2

Northwest corner of building

Southwest corner of building

Figure 3 Figure 4

Significant Soil Erosion, structural engineer should be informed.

Incomplete top of wall condition.

Figure 5 Figure 6

Incomplete top of wall condition at Kitchen Area. Possible A/E conflict with GC.

Incomplete exterior wall condition, exposed wood nailer

over I-beam is not standard practice.


February 4, 2014

Figure 7 Figure 8

Interior view of North end of building, no flooring, no painting, no fixtures at about 68%.

Interior view of Northwest corner of structure, no

painting, no fixtures, no flooring, at about 68%.

Figure 9 Figure 10

Interior view of central areas of structure, at about 68% complete.

Exterior view of sitework for facility at about 80%.

Figure 11 Figure 12

Interior view of Southwest corner of the structure, no interior doors, no hardware, no light fixtures, some

millwork, no finishes, no flooring, at about 68%.

Photo of the rear section of the building, area shown is

around a/c units and rear exits. Not powered.


February 4, 2014

Project Information Draw Information

Name: Valley Nature Center Draw #

Address: 301 S. Border St., Weslaco, TX Draw Request Date:

Builder: GAS Enterprises Inc. Inspection Date:

Construction Value: 1,248,816.00$

Less Retainage:

Draw Summary Approval Status

Balance Avail. for Draw 414,060.66$ Approved As Noted

Amount Requested Approved with Revisions n/a

Amount Approved less retainage Not Approved (see attached statement) n/a

Balance Avail. After this Draw Adjusted Amount for Requested Payment 0.00

Draw 1 Draw 2 Draw 3 Draw 4 Draw 5 Draw 6 Draw 7 Draw 8 Draw 9 Draw 10 Draw 11 Draw 12 Draw 13

111,244.05$ 93,130.52$ $115,595.97 $108,885.20 77,494.89$ 42,168.36$ $126,349.97 $44,157.98 $115,729.40

ALLOWANCES BALANCE

Design Contingency Allowance $5,000 $5,000

Construction Contingency $50,000 $35,574.92

MEP Site Utility Allowance $5,000 $4,172

Mechanical Allowance $10,000 $10,000

Plumbing Allowance $5,000 $5,000

Electrical Allowance $5,000 $2,433

Exterior Signage Allowance $1,000 $1,000

Total Allowances $81,000


February 4, 2014

14 02 04 agenda supplements

Documents

Transcript of 14 02 04 agenda supplements