14 02 18 agenda supplements

Date of Meeting: February 18, 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. Senior Minister Howard Bloomquist from Central Christian Fellowship will give

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

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

Standardized Agenda Request Form

Weslaco City Commission Regular Meeting

February 18, 2013

City of Weslaco “The City on the Grow”

255 S. KANSAS AVE. ■ WESLACO, TEXAS 78596-6285 ■ 956-968-3181 ■ WWW.WESLACOTX.GOV

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


February 18, 2013


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): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer, on behalf of Dollar General Store #9071. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off-Premise Permit at 2111 W. Business Highway. 83, also being Lot 1, Dollar General First Addition Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting to obtain a Wine and Beer Retailer’s Off-Premise Permit. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on January 20, 2014. Five (5) property owners within 200 ft. of the applicant’s property were notified by letter on January 24, 2014. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 02/05/2014, recommends approval. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant.



February 18, 2013

of 12

A REGULAR MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, FEBRUARY 4, 2014

On this 4th day of February 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 Ramon Vela Also present: Juan Salas, IT Department; Bret Mann, Finance Director; Mardoqueo Hinojosa, City Engineer; David Salinas, Public Utilities Director; Police Chief Michael Kelley; Assistant Fire Chief Rudy Garza; David Arce, Parks & Recreation Director; Oscar Garcia, Public Facilities Director, George Garrett, Airport Director; Christine Suing, 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 31, 2014.

B. Invocation. Father Mario Castro from San Martin de Porres Catholic Church delivered the invocation.

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

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

II.

PUBLIC COMMENTS There were no comments received.

III. PUBLIC HEARINGS

A. To solicit input on behalf of Sylvia Mendoza, owner Arturo Robles, to approve a


February 18, 2013

of 12

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.

B. To solicit input on behalf of Jardines De Weslaco, LLC, Rodolfo Ornelas, President, to approve the Final Plat 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. Mayor Suarez opened the public hearings concurrently. There were no comments received. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to close public hearing. The motion carried unanimously; Mayor Suarez was present, but not voting.

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

A. Approval of the Minutes of the Regular Meeting on January 21, 2014. (Staffed by City Secretary’s Office.) Attachment.

B. Acceptance of a check from All Call Metal Recycling LLC, in the amount of $1,365.24 for used brass casings turned into scrap, deposit it into the Police Department Firearm Budget account #01-512-2760, and authorize a budget amendment as appropriate. (Staffed by Police Department.) Attachment.

C. Approval of the amendment to the Mid Valley Youth Soccer League Contract to include use of the City Park Soccer Fields and authorize the Mayor to execute any related documents. (Staffed by Parks and Recreation Department.) Attachment.

D. Approval of the amendment to the use of the DWM Soccer League Contract to include use of the City Park Soccer Fields and authorize the Mayor to execute any related documents. (Staffed by Parks and Recreation Department.) Attachment.

E. Approval of the renewal of membership in the Texas Municipal League in an amount of $4,217.00 and authorize the Mayor to execute any related documents. (Staffed by Finance Department.) Attachment. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the consent agenda as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

V. OLD BUSINESS

A. Discussion and consideration to approve a Roadway Improvement priority list with


February 18, 2013

of 12

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 Department.) Attachment. The City Manager stated that the proposed items, V. A. and V. B., were for two potential sources of funding that could be utilized toward Roadway Improvement projects. The City does have the option to leverage funds from the County and State, but it would be in the best interest of the City to have projects shovel ready first. He identified the following projects:

1. the South Westgate Drive expansion from Business 83 to 34th Street; 2. the Border Avenue project estimated at $2.0 million; 3. 34th Street (Mile 5) project, in which the Texas Department of Transportation

takes care the environmental and schematics and the County and City fund Right of Way acquisition;

4. the 18th Street expansion from Airport Drive to FM 1015, which will not require an environmental because it is a local project and cost will be split with the County;

5. the Mile 10 North project which is part of a regional project throughout the County.

The City Manager recommended that some of the funds be allocated towards revising the comprehensive plan, drainage study, and master park plan and potentially the same firm analyze all three (3) plans. Mayor Suarez suggested that the City fund the first five (5) projects and use the remaining funds to purchase paving equipment at an estimated cost of $826,000.00. The City Manager stated that the City Attorney rendered an opinion that the purchase of paving equipment was an eligible expense under the terms of the Certificates of Obligation. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the projects as identified by the City Manager as well as a reserve amount for paving and asphalt equipment as presented by the Mayor. Mr. Mann stated that the City has $1.2 million from 2007 and $6.7 million from 2013 for a total of $7.9 million in remaining funds. The City Manager suggested that $363,000.00 be used toward the airport runway extension project for local cost share as split with the Economic Development Corporation of Weslaco. In response to Commissioner Noriega, Mayor Suarez stated the equipment would be used to maintain the streets within the City limits. Commissioner Tafolla stated the purchase of paving equipment could prove beneficial if the City takes over Texas Boulevard. In response to Commissioner Rivera, Mr. Hinojosa stated that an estimated cost to repair one (1) railroad crossing is $40,000.00 - $70,000.00 and it was the responsibility of the railroad to conduct the improvement projects and the responsibility of the City to fund them; the final product would look similar to the


February 18, 2013

of 12

railroad crossing at Westgate Drive. In response to Commissioner Pena, Mr. Hinojosa explained the $2.2 million estimated cost includes materials and the purchase of the equipment, not labor since the work would be done in-house. In response to Mayor Pro-Tem Cuellar, Mr. Mann stated that general funds could be used for road maintenance. Mr. Garcia assured there are certified personnel on staff to keep up with the maintenance of the equipment and the warranty for the equipment would vary depending on usage. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to amend the motion to include the railroad crossing as funding allows. Mayor Suarez suggested that a motion be taken separately for Items V. A and B.; the City Attorney concurred. Mayor Pro-Tem Cuellar withdrew his amendment and motion. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to set a reserve amount not to exceed $842,000.00 to purchase from Buyboard for paving equipment, $343,000.00 to the airport expansion project and any additional funds to road improvements. The motion carried unanimously; Mayor Suarez was present, but not voting.

B. 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. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to set a reserve amount not to exceed $6.75 million for road projects and the studies as identified by the City Manager and railroad crossings. The motion carried unanimously; Mayor Suarez was present, but not voting.

VI. NEW BUSINESS

A. Discussion and consideration after public hearing on behalf of Sylvia Mendoza, owner Arturo Robles, 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 and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment. The City Manager stated notice was published and hearing held; the Planning and Zoning Commission and staff recommend approval of the Conditional Use Permit with the conditions that there be a minimum of two (2) security officers present and the operating hours be from 6:00 p.m. to 2:00 a.m. Wednesday through Saturday. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but


February 18, 2013

of 12

not voting.

B. Discussion and consideration after public hearing on behalf of Jardines De Weslaco, LLC, Rodolfo Ornelas, President, to approve the Final Plat 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 and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment. The City Manager stated notice was published and hearing held; the property is zoned R-2 Apartment and Duplex District. The Planning and Zoning Commission recommend denial because of the variance issue with the setback; approval therefore requires a super majority. In response to Commissioner Fox, Mr. Hinojosa responded that they have not received any complaints from the neighboring community. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to approve the item as presented. Mr. Rene Barrera, representing the developer Mr. Rodolfo Ornelas, stated that the proposed property previously was approved as a multi-family and the development never proceeded because of financial reasons. The property is now under new ownership and is requesting a 15 foot variance in the front setback. There will be no parking in the front because the alley provides access to covered parking. The extra 10 feet will increase each unit to 1055 square feet and will add value to the tax base of the property. There would still be a 25 foot green area from the front of the building to the street. In response to Commissioner Noriega’s safety concerns, Mr. Hinojosa stated it was denied by Planning & Zoning to not set precedence. Mr. Barrera clarified the 25 foot setback was still in effect from the street; this represents an $8.0 million construction of 37 one (1) story apartment units to be completed within a year and half. Mr. Charles Warren stated that the Planning & Zoning Commission made the decision because of the ordinance that is in effect, not so the developer can increase his profit, cautioning if the Commission sets this precedent every developer will want the same thing. The City Manager suggested that the developer cut out one (1) unit in order to make the rest of the units wider. In response to Commissioner Tafolla, Mr. Warren stated that the Board of Adjustments and Appeals grants individual type exceptions to the ordinance; it does not grant consideration because the developer wants more money. By granting this development the Commission could end up with another situation like Los Arcos Circle which has limited setbacks and living space. The City Manager stated that setbacks vary by City and recommended working with the developer because this is a good project for the City. Mr. Barrera suggested a one (1) lot subdivision so the project could be a considered a master planned community.


February 18, 2013

of 12

In response to Commissioner Rivera, Mr. Barrera stated that the developer could vacate the plat and re-plat it as one (1) lot. The City Manager recommended changing the plans to 35 units and increasing the unit sizes that way. Commissioner Noriega stated that the Commission had to take action because time is running and by denying the request the developer would have to go back to Planning & Zoning Commission. Mayor Suarez, Commissioners Noriega and Pena opposed. The motion failed from lack of supermajority.

C. 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 any related documents. Possible action. (Staffed by the City Manager’s Office.) Attachment. There was no action on this item.

D. Discussion and consideration to authorize the purchase of bunker gear through Buy Board vendor contract No. 363-10 in an amount not to exceed $47,250.00 and authorize a budget amendment as appropriate. Possible action. (Staffed by Fire Department.) Attachment. The City Manager stated that this item purchases bunker gear for 18 firefighters as part of a four (4) year rotation program. Currently there are 55 firefighters on staff. Assistant Fire Chief Garza stated that the purchase of bunker gear would include pants, helmet, coats, gloves, and boots. The purchase of gear is done every fourth year by shift. Commissioner Pena, seconded by Commissioner Noriega, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

E. Discussion and consideration to issue a request for proposals or extend the term of the existing General/Professional Liability – EMS policy for the City of Weslaco. Possible action. (Staffed by Fire Department.) Attachment. The City Manager clarified that this item was not for auto insurance but for liability coverage which is currently covered by Montalvo Insurance for $46,000.00 a year. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved extend the term of the existing General/Professional Liability – EMS policy for the City of Weslaco. In response to Commissioner Noriega, Mr. Montalvo clarified they have been providing coverage for eight (8) years and is a requirement by the Hidalgo County Emergency Service District contract. Presently the underwriter is Lloyds of London; formerly it was Western Insurance Company but they did not wish to renew for


February 18, 2013

of 12

another year. The motion carried unanimously; Mayor Suarez was present, but not voting.

F. Discussion and consideration to approve the following T-Hangar leases for a period not to exceed five years for aircraft storage or aviation related business only:

1) E1-01 with Hendrickson Flying Service, 2) E2-00 with John Garric, 3) E3-01 with Dr. Charles Mild, 4) E4-05 with Mike Carey, Amigos Aviation, Inc., 5) E5-01 with Dr. Marco Gutierrez, and 6) land lease for W-8 with Jerry Gifford

and authorize the Mayor to execute related documents. Possible action. (Staffed by Airport Department.) Attachment. The City Manager stated that these were renewals for the lease of hangers located at the Mid Valley Airport and the amounts varied depending on the square footage. Commissioner Tafolla, seconded by Commissioner Pena, moved to approve the item as presented. In response to Commissioner Noriega, Mr. Garrett responded that there was very little turnover. The City owns all the hangers except for #6; in that instance the City only owns the land. The tenant base has been with the City for over 20 years. The Commission had raised the rates from $0.10 to $0.17 a square foot, which is a competitive rate with the Valley and state. Mr. Garrett believes these to be excellent tenants and recommends approval of the new leases. The motion carried unanimously; Mayor Suarez was present, but not voting.

G. Discussion and consideration to approve Resolution 2014-06 electing to participate in the tax abatement agreements and authorize the Mayor to execute any related documents. Possible action. (Staffed by Legal Department.) Attachment. The City Manager stated that this item was to attract additional investments into the City. One of the corporate citizens, Pioneer, is looking to expand. Ms. Sharon Rogers, representing Pioneer, stated that they are located FM 1015 and have been there since 1971. There has not been a lot of modernization done to the existing facility and the demands are growing. Pioneer is proposing to spend $3.5 to $4.5 million for improvements to the existing facility and is looking to the City for possible tax abatement. DuPont Pioneer currently operates 70 manufacturing facilities so it is difficult to get the funding necessary for expansion. The City Attorney stated that the City had an aggressive tax abatement program in place, which the former Commission abandoned. Adopting this resolution is the first step toward reinstating the tax abatement program; the Commission then will develop guidelines and designate an enterprise zone. A tax abatement agreement can last up to ten (10) years and Commission approval is required at every step.


February 18, 2013

of 12

Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. Mayor Suarez stated that tax abatements incentivize corporate citizens and are an excellent tool as long as the City develops proper guidelines. In response to Commissioner Noriega, the City Attorney clarified with a 380 agreement the developer invest the money and the City reimburses them over time. The motion carried unanimously; Mayor Suarez was present, but not voting. For the record, Resolution 2014-06 reads as follows:

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 commercial activity, new jobs, and new investments will

benefit 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 Weslaco 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. /s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

H. Discussion and consideration to create an Adult Soccer League in the City of Weslaco, authorizing use of City Park north side soccer fields Mondays and Wednesdays, March 1 - June 30, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Parks and Recreation Department.) Attachment. The City Manager stated that Mr. Arce has been very proactive developing community programs and promoting the City Parks.


February 18, 2013

of 12

Mr. Arce stated that he would like to create more activities at the City Parks and has begun with the leagues that already exist. The goal of this league is to develop 12 to 18 teams and the parks would be used solely for playing games not for practicing. There would be a total of 125 games and costs include referees, nets, and trophies. The formation of this league would not be for profit but purely to promote recreation and increase quality of life. Currently there is no adult league anywhere in Weslaco. The scheduling will be coordinated with other activities and fields will be rotated to allow grass to revive. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

I. Discussion and consideration to create an Adult Softball League in the City of Weslaco, authorizing use of Harlon Block Park fields 3 and 4, March 1 - June 30, and authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Parks and Recreation Department.) Attachment. The City Manager stated that the purposed league would operate similar to the Adult Soccer League. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the item as presented. Commissioner Noriega asked if overtime would be incurred in order to operate the league. Mr. Arce responded that umpires would be hired, but fields will be cut and lines painted during the day by Public Facilities staff. Mayor Suarez clarified that this league would be revenue neutral. Commissioner Fox asked if this league would be Chicago style with a 16 inch softball. Mr. Arce responded that he would like to host a tournament but not in relation to this league. The motion carried unanimously; Mayor Suarez was present, but not voting.

J. Discussion and consideration to create youth and adult tennis training classes in the City of Weslaco, authorizing use City Park tennis courts on the south end, Monday – Saturday, and authorize a budget amendment as appropriate. Possible action. (Staffed by Parks and Recreation Department.) Attachment. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the item as presented. Mr. Arce stated that there would be some start up costs incurred to hire a trainer and purchase equipment. The training classes would include beginner, intermediate and advances courses. In response to Commissioner Tafolla, Mr. Arce stated that the tennis courts were adequate to play right now.


February 18, 2013

of 12

Commissioner Noriega suggested that the registration form include a liability waiver. Mr. Arce stated that staff will need to build up the program and recommended promoting it on KWES and the social media sites. Mayor Suarez commended Mr. Arce for all his work on the Parks and its leagues. The motion carried unanimously; Mayor Suarez was present, but not voting. Mayor Pro-Tem left the dais at 7:06 p.m.

VII. REPORT

A. Report by Linebarger Goggan Blair & Sampson, LLP on delinquent tax collections. Attachment. Ms. Kelley Salazar, representing Linebarger Goggan Blair & Sampson, reported on the first quarter stating that they have initiated three mail outs targeting 2,500 accounts and totaling $650,000.00 in delinquent taxes. There have been nine (9) lawsuits and interventions and pending litigation as of January 2014 and there are 203 pending cases representing over $600,000.00 owed to the City. There was one tax sale filed placing six properties for sale. Currently there are 55 pending lawsuits for bankruptcy representing over $85,000.00 owed to the City. Collections are up this quarter over last year with a total increase of $27,000.00.

B. Report by Prodigy Construction Management, LLC on the Valley Nature Center construction project. Attachment. Mr. Alex Palacios, representing Prodigy Construction Management, reported that he met with general contractor and architects, to determine the current status on the project. Mr. Palacios used a drone to survey the area to avoid any risk of potential damage to the existing structure. There were obvious errors to the inside based on what was installed versus what that architects had designed. The structure is missing insulation and fire dampers. Mr. Palacios stated that it was his job to insure that the City gets what it paid for and he has discussed some sensitive issues with legal on bonding. The City could potentially complete the project by the end of February. The City Manager stated that the project is currently 72% complete which is behind the assertion of the general contractor, but Mr. Palacios’ report is encouraging. Mr. Simpson stated that some of the work to be done is to be completed by the Valley Nature Center itself. In response to Commissioner Noriega, Mr. Palacios stated that the contractor is in need of guidance to finish the project because it’s a LEED project and is under the auspices of Guaranteed Maximum Price (GMP). Mayor Pro-Tem returned to the dais; Commissioner Fox left the dais at 7:30 p.m.

VIII. EXECUTIVE SESSION At 7:34 p.m., the Mayor announced the regular meeting to convene in Executive


February 18, 2013

of 12

Session. At 8:05 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public.

IX. POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION

A. Pending Litigation – Consultation with Special Counsel regarding Cause No. Cl-13-3663-F City of Edcouch, Texas et al. 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.

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. C- 5929-13-H City of Weslaco, Texas v. City of Mercedes, Texas in the 389th Judicial District Court of Hidalgo County pursuant to §551.071 of the Texas Government Code. There was no action on this item.

D. Pending Litigation – Consult with City Attorney regarding Cause No. C-0435-13-A, Richard Stubbs v. The City of Weslaco, Texas; Veronica Ramirez, in her official capacity as Weslaco Civil Service Director, as authorized by §551.071 of the Texas Government Code. Commissioner Fox, seconded by Mayor Pro-Tem Cuellar, moved to retain Keith Livesay to represent the City in the appeal of Richard Stubbs v. The City of Weslaco, Texas; Veronica Ramirez, in her official capacity as Weslaco Civil Service Director in Trial Court C-0435-13-A and Cause No. 13-14-00054-CV in the 13th Court of Appeals. Commissioner Pena abstained. The motion carried; Mayor Suarez was present, but not voting.

E. Personnel – Annual Performance Evaluation of the City Manager as authorized by §551.074 of the Texas Government Code. There was no action on this item; evaluation forms were distributed and should be returned to the Mayor for the next meeting.

X. ADJOURNMENT With no other business before the Commission, at 8:07 p.m. Commissioner Tafolla, seconded by Commissioner Rivera, moved to adjourn the February 4, 2014 regular meeting. The motion carried unanimously; Mayor Suarez was present, but not voting.

CITY OF WESLACO


February 18, 2013

of 12

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 18, 2013


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

From (name, title, department and who submitting on behalf of, if any): Oscar Garcia, Public Facilities Director Subject: Right of Entry Agreement between Time Warner Cable and City of Weslaco Discussion: Discussion and consideration to authorize the Right of Entry Agreement between Time Warner Cable, and the City of Weslaco, to the property and building(s) located at 301 S. Border Ave. (Valley Nature Center), and authorize the mayor to execute all related documents and budget amendments as appropriate. Fiscal Note: Amount: $ Term of Impact: [ ] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Right of Entry Agreement (1-6 pages) Responsibilities upon Approval: Upon approval, city secretary’s office will convey executed documents and forward a copy to the Public Facilities department.



February 18, 2013


February 18, 2013


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

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 18, 2013


February 18, 2013

Specific Objectives:

Proposed Outcome:

Will CDBG funds be levereged? Yes No

Amount:Amount:Amount:Amount:

City Map Sub Recipient Agency Letter Flood Zone Map Beneficiary Count Project Site Photos List of Minor Equip./Supplies

YES NO

COMPLETED BY: Gloria Givilancz TITLE: Grant Compliance Coordinator

SECTION III(Check all that apply)Improved access to affordable owner housing for minoritiesIncrease number of homeless persons moving into permanent housingImprove the services to low/mod income personsImprove quality/increase quantity of public improvements for low-income personsRemediate and re-develop brownfieldsImprove economic opportunities for low income persons

Improve the streets within the City of Weslaco

If yes… List all funding sources and amounts1234

SECTION IV(MUST INCLUDE WITH WORKPLAN)

Infrastructure Projects Public Service (Sub-recipients)

SECTION VCERTIFICATION OF COMPLETION

DOES THE PROPOSED PROJECT MEET A NATIONAL OBJECTIVE?


February 18, 2013

Sanitary Sew

er and

Water Line Re

placem

ents

City of W

eslaco

13‐Feb

‐13

Item

Descriptio

nUnit

Estim

ated

Qua

ntity

Price pe

r Unit

Estim

ated

Am

ount

Basis of Pric

ing

SURV

EYSurvey 1

Survey Project Area Ph

ase 1

AC3

1,23

1.53

$

3,69

4.59

$

RS M

eans 022

1131

3040

0Survey 2

Constructio

n Staking Ph

ase 1

LS1

4,00

0.00

$

4,00

0.00

$

RS M

eans 017

1231

3120

0

Survey 1


ase 2

AC3

1,23

1.53

$

3,69

4.59

$

RS M

eans 022

1131

3040

0Survey 2

Constructio

n Staking Ph

ase 2

LS1

4,00

0.00

$

4,00

0.00

$

RS M

eans 017

1231

3120

0

Survey 1


ase 3

AC4

1,23

1.53

$

4,92

6.12

$

RS M

eans 022

1131

3040

0Survey 2

Constructio

n Staking Ph

ase 3

LS1

7,00

0.00

$

7,00

0.00

$

RS M

eans 017

1231

3120

0GEO

TECH

NICAL

Geo

technical Study

Repo

rt and

Borelogs

LS1

7,40

1.55

$

7,40

1.55

$

RS M

eans 023

2131

0001

0

ENGINEERING

Engine

ering

Fees Phase 1

LS1

8%16

,926

.71

$

RS M

eans 011

1313

0110

0Co

nstructio

n Mgm

tFees Phase 1

LS1

8%16

,926

.71

$

RS M

eans 011

1312

0006

0

Engine

ering

Fees Phase 2

LS1

8%18

,004

.53

$

RS M

eans 011

1313

0110

0Co

nstructio

n Mgm

tFees Phase 2

LS1

8%18

,004

.53

$

RS M

eans 011

1312

0006

0

Engine

ering

Fees Phase 3

LS1

8%26

,785

.45

$

RS M

eans 011

1313

0110

0Co

nstructio

n Mgm

tFees Phase 3

LS1

8%26

,785

.45

$

RS M

eans 011

1312

0006

0CO

NSTRU

CTION COST BY PH

ASE

PHAS

E 1

EAST ALLEY

Silt Fence

SW3P

LF24

121.35

$

3,25

6.20

$

RS M

eans 312

5141

6110

08" W

ater Line

PVC DR

‐18 C9

00LF

1206

24.50

$

29,547

.00

$

TxDO

T Ph

arr 5

956 20

338" Gate Va

lves & Box

To be installed

EA4

1,23

6.85

$

4,94

7.40

$

RS M

eans 331

2161

0318

08" Sanita

ry Sew

erPV

C SD

R 26

LF11

6954

.20

$

63,359

.80

$

RS M

eans 221

1137

4343

048

" FG

Manho

leRe

move and Re

place Existin

gEA

77,00

0.00

$

49,000

.00

$

Engine

er's Estim

ate

Opinion

of P

robable Co

stEN

GINEERING DEPAR

TMEN

T

Page 1 of 3


February 18, 2013

Sanitary Sew

er and

Water Line Re

placem

ents

City of W

eslaco

13‐Feb

‐13

Item

Descriptio

nUnit

Estim

ated

Qua

ntity

Price pe

r Unit

Estim

ated

Am

ount

Basis of Pric

ing

Opinion

of P

robable Co

stEN

GINEERING DEPAR

TMEN

T

Street Rep

air

Tren

ch Rep

air

SY13

1834

.03

$

44,851

.54

$

RS M

eans 321

2161

3100

0Fire Hydrant

To m

eet cod

e.EA

05,00

0.00

$

‐$

TxDO

T State 20

38 200

98" X 8" Tees

At Street C

rossings

EA2

198.97

$

397.94

$

RS M

eans 331

1132

5814

08" X 12" Tees

At Street C

rossings

EA1

482.89

$

482.89

$

RS M

eans 331

1132

5836

08" X 6" Tees

At Street C

rossings

EA0

241.98

$

‐$

RS M

eans 331

1132

5832

08" Caps

Abando

n Waterline

EA4

136.03

$

544.12

$

RS M

eans 331

1133

5413

0Ab

ando

n 8" SS

Grout Filled

LF11

6913

.00

$

15,197

.00

$

TxDO

T Ph

arr 2

037 20

1021

1,58

3.89

$ PH

ASE 2

MIDDL

E ALLEY

Silt Fence

SW3P

LF26

341.35

$

3,55

5.90

$

RS M

eans 312

5141

6110

08" W

ater Line

PVC DR

‐18 C9

00LF

1317

24.50

$

32,266

.50

$

TxDO

T Ph

arr 5

956 20

338" Gate Va

lves & Box

To be installed

EA5

1,23

6.85

$

6,18

4.25

$

RS M

eans 331

2161

0318

08" Sanita

ry Sew

erPV

C SD

R 26

LF12

7454

.20

$

69,050

.80

$

RS M

eans 221

1137

4343

048

" FG

Manho

leRe

move and Re

place Existin

gEA

67,00

0.00

$

42,000

.00

$

Engine

er's Estim

ate

Street Rep

air

Tren

ch Rep

air

SY14

3934

.03

$

48,969

.17

$

RS M

eans 321

2161

3100

0Fire Hydrant

To m

eet cod

e.EA

15,00

0.00

$

5,00

0.00

$

TxDO

T State 20

38 200

98" X 8" Tees

At Street C

rossings

EA1

198.97

$

198.97

$

RS M

eans 331

1132

5814

08" X 12" Tees

At Street C

rossings

EA1

482.89

$

482.89

$

RS M

eans 331

1132

5836

08" X 6" Tees

At Street C

rossings

EA1

241.98

$

241.98

$

RS M

eans 331

1132

5832

08" Caps

Abando

n Waterline

EA4

136.03

$

544.12

$

RS M

eans 331

1133

5413

0Ab

ando

n 8" SS

Grout Filled

LF12

7413

.00

$

16,562

.00

$

TxDO

T Ph

arr 2

037 20

1022

5,05

6.58

$ PH

ASE 3

WEST ALLEY

Silt Fence

SW3P

LF36

961.35

$

4,98

9.60

$

RS M

eans 312

5141

6110

08" W

ater Line

PVC DR

‐18 C9

00LF

1848

24.50

$

45,276

.00

$

TxDO

T Ph

arr 5

956 20

338" Gate Va

lves & Box

To be installed

EA12

1,23

6.85

$

14,842

.20

$

RS M

eans 331

2161

0318

08" Sanita

ry Sew

erPV

C SD

R 26

LF18

3054

.20

$

99,186

.00

$

RS M

eans 221

1137

4343

048

" FG

Manho

leRe

move and Re

place Existin

gEA

107,00

0.00

$

70,000

.00

$

Engine

er's Estim

ate

CONSTRU

CTION COST FOR PH

ASE 1

CONSTRU

CTION COST FOR PH

ASE 2

Page 2 of 3


February 18, 2013

Sanitary Sew

er and

Water Line Re

placem

ents

City of W

eslaco

13‐Feb

‐13

Item

Descriptio

nUnit

Estim

ated

Qua

ntity

Price pe

r Unit

Estim

ated

Am

ount

Basis of Pric

ing

Opinion

of P

robable Co

stEN

GINEERING DEPAR

TMEN

T

Street Rep

air

Tren

ch Rep

air

SY20

4334

.03

$

69,523

.29

$

RS M

eans 321

2161

3100

0Fire Hydrant

To m

eet cod

e.EA

15,00

0.00

$

5,00

0.00

$

TxDO

T State 20

38 200

98" X 8" Tees

At Street C

rossings

EA2

198.97

$

397.94

$

RS M

eans 331

1132

5814

08" X 12" Tees

At Street C

rossings

EA1

482.89

$

482.89

$

RS M

eans 331

1132

5836

08" X 6" Tees

At Street C

rossings

EA1

241.98

$

241.98

$

RS M

eans 331

1132

5832

08" Caps

Abando

n Waterline

EA8

136.03

$

1,08

8.24

$

RS M

eans 331

1133

5413

0Ab

ando

n 8" SS

Grout Filled

LF18

3013

.00

$

23,790

.00

$

TxDO

T Ph

arr 2

037 20

1033

4,81

8.14

$

39,080

.02

$

RS M

eans 012

1165

0005

040

,314

.03

$

RS M

eans 012

1165

0005

060

,047

.27

$

RS M

eans 012

1165

0005

0

*Cost a

ssum

es all geotechn

ical investigation will be completed

during initial phase.

**Co

st assum

es project will not be completed

in hou

se

309,07

4.26

$ 46

0,36

2.44

$ 1,06

9,05

0.16

$

TOTA

L CO

ST

CONSTRU

CTION COST FOR PH

ASE 3

15 % CONTINGEN

CY PHAS

E 1

15 % CONTINGEN

CY PHAS

E 2

15 % CONTINGEN

CY PHAS

E 3

TOTA

L CO

ST Phase 1

TOTA

L CO

ST Phase 2

TOTA

L CO

ST Phase 3

299,61

3.47

$

Page 3 of 3


February 18, 2013

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 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 and Missouri Avenue and Texas Blvd. 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 3) Alley between Texas and Missouri Avenue from First St. 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 18, 2013

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 18, 2013


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): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer, on behalf of Dollar General Store #9071. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off-Premise Permit at 2111 W. Business Highway. 83, also being Lot 1, Dollar General First Addition Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting to obtain a Wine and Beer Retailer’s Off-Premise Permit. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on January 20, 2014. Five (5) property owners within 200 ft. of the applicant’s property were notified by letter on January 24, 2014. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 02/05/2014, recommends approval. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant.



February 18, 2013


February 18, 2013


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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and consideration to approve railroad Master Grade Crossing Maintenance Agreement with Rio Valley Switching Company for the rehabilitation of existing railroad crossings within the Weslaco city limits. Discussion: This Agreement concerns all grade crossings controlled by the City of Weslaco. Each individual grade crossing, which now exists under the control of the city, will use this Master Grade Crossing Agreement as a basis for the future maintenance and repair of each of those grade crossings. Fiscal Note: Amount: $ 0 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): Recommendation for Commission Action: Approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Master Grade Crossing Agreement (Word) Responsibilities upon Approval: Staff will submit to Rio Valley Switching Company for execution



February 18, 2013

MASTER GRADE CROSSING MAINTENANCE AGREEMENT This AGREEMENT, made and entered into as of the ______ day of _________ , 20___, by and between Rio Valley Switching Company, a Missouri corporation (hereinafter the "Railroad"), and the City of Weslaco, Texas, a municipal corporation of the state of ________, to be addressed at ___________________________________, (hereinafter the "Political Body"), WITNESSETH: RECITALS: The Political Body desires from time to time to construct new public road crossings and Railroad or Political Body desires to have an existing road crossing rehabilitated, any of these projects will hereinafter be referred to "Crossing" or “Crossings”, and AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows in the Master Grade Crossing Maintenance Agreement, hereinafter referred to as “Agreement”, for all Crossings that are under the governmental control of the City of Weslaco, Texas: Article I. PURPOSE OF AGREEMENT This Agreement concerns all grade crossings controlled by the City of Weslaco, Texas now in effect. Each individual grade crossing, which now exists under the control of the Political Body, will use this Master Grade Crossing Agreement as a basis for the future maintenance and repair of each of those grade crossings. This Agreement will be considered binding on each existing grade crossing easement that now exists. This does not preclude a new contract for a different agreement for an individual grade crossing if both parties agree. Article II. WORK TO BE PERFORMED If Political Body’s contractor(s) is(are) to do any of the work performed on a Crossing (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Political Body shall require its contractor(s) to execute the Railroads’ forms called “PERMIT TO BE ON OR ABOUT RAILROAD PROPERTY” and “WAIVER OF LIABILITY”(hereinafter called “Forms”). Political Body acknowledges receipt of a copy of the Railroads’ Forms and understanding of its terms, provisions, and requirements, and will inform its contractor(s) of the need to execute the Forms. Under no circumstances will Political Body's contractor(s) be allowed onto Railroad's premises without first executing the Forms. All work on


February 18, 2013

the track, which would be described as the area Fifty-Five (55) Inches from the center of the track, can only be done by Railroad or Railroad’s contractor. Article III. CERTIFICATE OF INSURANCE

(a) Before any work on the Premises is started by the Political Body’s Contractor (“hereinafter referred to as “Contractor”) begins, the Political Body will provide the Railroad with a Certificate issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit A of this Agreement in a policy containing the following endorsement: "Rio Valley Switching Company and Affiliates are named as additional insured with respect to all liabilities arising out of Contractor’s performance of the work."

(b) The Political Body WARRANTS that this Agreement has been thoroughly reviewed by its insurance agent(s)/broker(s) and that said agent(s)/broker(s) has(have) been instructed to procure insurance coverage and an endorsement as required herein.

Article IV. WORK TO BE PERFORMED BY THE RAILROAD

(a) The Railroad may make any and all changes, alterations or relocations, whether temporary or permanent, and may provide flagging and other protective services and devices, which in the Railroad's sole judgement may be or become necessary or expedient within the Railroad's right-of-way because of a potential menace or safety hazard within the grade crossing easement. This work can be done without notice to Political Body, if Railroad deems this work, in its sole opinion, to be an emergency repair. Such work shall include, without limitation, building or rehabilitating an existing road crossing, drainage, signal installation or repair, upgrading of materials, engineering and any other such work as may be deemed necessary by Railroad for a safe road crossing. The Railroad will perform all work on the track, which would be described as the area Fifty-Five (55) Inches from the center of the track.

(b) The Political Body agrees to pay the Railroad as defined in “Article VI – Payments” the actual cost of the Railroad's work performed and materials supplied as herein set forth for all future maintenance and repair to any crossing

(c) If the repair is not deemed an emergency type of repair by Railroad, Railroad will notify Political Body as soon as possible with an estimated cost of the repair and an estimated timing when the repairs need to be completed. If Political Body requests, Railroad may give Political Body a fixed cost for the repair or new construction.


February 18, 2013

Article V. EFFECTIVE DATE; TERM This Agreement shall become effective as of the date first herein written and shall continue in full force and effect until the grade crossing easements are canceled. Article VI. PAYMENTS

The Political Body agrees to pay the Railroad the actual cost of the Railroad's work performed and materials supplied as herein set forth for all future maintenance and repair to any Crossing. The actual costs will be invoiced to the Political Body under the same method as actual costs are invoiced by Railroad to the Texas Department of Transportation for other projects. If the Texas Department of Transportation method of invoicing changes in the future, both parties will agree to an alternative method that is consistent with the current manner of creating the invoice. If the parties cannot agree to a new method, this will then be submitted to binding arbitration in St. Louis, MO under the rules of the American Arbitration Association. Such facilitated negotiations shall conclude within Sixty (60) Days from receipt of the written notice from one party to the other unless extended by mutual consent. The parties may also agree at any time to terminate or waive facilitated negotiations. The costs incurred by each party in such negotiations will be borne by each party. The fees and expenses of the facilitator, if any, shall be borne equally by the parties.

The Political Body agrees to pay the total invoice within Thirty (30) Days of invoice date.

Railroad can invoice when Project is complete or every Thirty (30) Days if Project is only partially complete. Article VII. REMEDIES FOR BREACH OR NONUSE

(A) Nonuse by the Political Body of the Crossing Area for public roadway purposes continuing at any time for a period of Eighteen (18) Months shall, at the option of the Railroad, work a termination of the grade crossing easement and all rights of the Political Body hereunder.

(B) The Political Body will surrender peaceable possession of the Crossing Area upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination.

(C) If the Political Body does not pay invoices within Thirty (30) Days of notification of its default of payment, Railroad may, at its option, close the grade crossing. If the Political Body later pays the Railroad’s invoice, the Political Body will also be responsible for the payment of any costs incurred by the Railroad closing the grade crossing and reopening the grade crossing. The Political Body will also pay Railroad interest at the rate of Eighteen (18%) Percent per annum for any funds not paid within Thirty (30) Days of invoice date.


February 18, 2013

Article VIII. NOTICES

All notices from one party to the other are to be in written form.

Article IX. MODIFICATION - ENTIRE AGREEMENT No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof. Article X. ASSIGNMENT, SUCCESSORS AND ASSIGNS This Agreement shall not be assigned without the written consent of the Railroad. Subject hereto, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first herein written. CITY OF WESLACO, TEXAS _______________________ DAVID SUAREZ, Mayor ATTEST: ___________________________________ ELIZABETH M. WALKER, City Secretary Approved to Form: By:_______________________ RAMON VELA, City Attorney


February 18, 2013

Pursuant to Resolution/Order dated ___________________, 20____ hereto attached. (Seal) By_____________________________

Title:___________________________ ***************************** Attest: RIO VALLEY SWITCHING COMPANY __________________ By_____________________________ Title: Its____________________________


February 18, 2013

Exhibit A Insurance Requirements

A. General Liability Insurance: The Contractor shall furnish evidence to the Railroad, that with respect to the operations he/she

performs, he carries Contractor's Comprehensive General Liability Insurance providing for limits of not less than $5.0 million combined single limit for bodily injury and property damage any one occurrence and in the aggregate annually. The policy shall include:

• Completed operations liability • Contractual liability which would cover liabilities assumed under the contract with

The Railroad. • An endorsement deleting all railroad exclusions. • An endorsement adding the Railroad as an additional insured with a full waiver of

subrogation and providing the Railroad 30 days Notice of Cancellation or intent not to renew.

The Policy shall be placed with an insurer acceptable to the Railroad. If any part of the work is

sublet, similar insurance shall be provided by or on behalf of the subcontractors to cover their operations.

The insurance company shall agree to investigate and defend all claims and suits against the Insured

for the damages covered, even if groundless, until the insurance company shall elect to effect settlement.

The cost of such insurance shall be borne by the contractor. The Contractor shall not cause any policy to be canceled or permit them to lapse and the policy

shall not be subject to cancellation or a reduction in the required limits of liability or amounts of insurance until notice has been mailed by registered mail to The Railroad stating when, not less than thirty (30) days thereafter, such cancellation or reduction shall be effective. Comprehensive General Liability insurance shall be in effect before further work will be permitted at the site by the Contractor.

A Certificate of Insurance (2 copies) shall be furnished prior to award of contract and attached to

copies of the contract when executed. A copy of the policy together with all endorsements shall be delivered to the representative of the Railroad.


February 18, 2013

B. Railroad Protective Liability Insurance: Railroad Protective Liability Insurance shall conform to the Standard Provisions for General

Liability Policies, Railroad Protective Liability Form (State or Federal Highway Projects). These provisions may not be amended and no part may be omitted. Limits of policies to be $2,000,000 combined single limit Bodily Injury and Property Damage liability each occurrence, $6,000,000 annual aggregate.

A Railroad Protective Liability Policy shall be issued with the Railroad being the name of the insured. Such a policy shall be furnished by the Contractor covering his own employees as well as those of all subcontractors and those employees of the Railroad having occasion to work as the project site.

Railroad Protective Liability Insurance Policy must define designated employees to include: a. Any watchman, flagman, inspector, engineer, maintenance of way employee or similar

employee who is employed by the Railroad and is specifically assigned or furnished by the Railroad for work in connection with the project.

b. Any employee of the Railroad while operating the work trains or other equipment assigned

to the project by the Railroad and while engaged in the performance of work directly chargeable to the Contractor.

The original of this policy shall be sent to the representative of the Railroad. The Contractor shall not cause any policy to be canceled or permit them to lapse and the policy

shall not be subject to cancellation or a reduction in the required limits of liability or amounts of insurance until notice has been mailed by registered mail to the Railroad stating when, not less than thirty (30) days thereafter, such cancellation or reduction shall be effective.

Equipment of the Contractor to be used adjacent to tracks shall be in first-class condition, so as to

fully prevent any failures that would cause delay in the construction of the project or damage to the Railroad facilities.

His equipment shall not be placed or put in operation adjacent to tracks without first obtaining

permission from the Railroad. Critical construction operations must be confined to limited periods, determined by the railroad,

when such work can be accomplished with minimum interference with train schedules. The Contractor shall abide by the Railroad's schedule.

C. Workman's Compensation Insurance: The Contractor shall provide adequate Workman's Compensation Insurance for all employed on the

project who may come within the protection of such laws. Said insurance shall be written with such company as may be acceptable to the Railroad and the policy shall be submitted to the Railroad for examination. Satisfactory certificates of said insurance shall be filed with The Railroad prior to the commencement of operations by the Contractors. The Contractor will be charged with the responsibility for proper and adequate Workman's Compensation coverage for all his subcontract operations, and in the event the Contractor's policy does not cover each and every subcontractor, certification of insurance must be issued with companies that may be acceptable to the Railroad covering each and every subcontractor shall be filed with the Railroad prior to the commencement


February 18, 2013

ewalker

Typewritten Text

of such subcontract operations.


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

From (name, title, department and who submitting on behalf of, if any): Oscar Garcia, Public Facilities Director Subject: Request to solicit bids for Unleaded & Diesel Fuel Discussion Authorization for the solicitation of sealed bids for Unleaded and Diesel Fuel, authorize a budget amendment as needed, and authorize the Mayor to execute any related documents. Fiscal Note: Amount: $ Term of Impact: [ ] year(s) Identified in Current Budget: Y/N 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: Publication dates: 2/24/2014 & 3/3/2014 in the Monitor newspaper Bids to open on 3/10/2014 Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: City Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): N/A Responsibilities upon Approval: Purchasing Office will proceed in Publication & Solicitation process in accordance with Texas Local Government Code 252.041



February 18, 2013


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

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department

Subject: Authorize Purchase of Badger Orion Meters and Handhelds

Discussion: Discussion and consideration to authorize staff to purchase Badger Orion Meters and Trimble Ranger Handhelds from a sole source vendor, Badger Meter, Inc., for the total not to exceed $55,790.92 and authorize the Mayor to execute all related documents and budget amendments as may be required.

Fiscal Note:

Amount: $ 55,790.92 Term of Impact: 1 year(s) Identified in Current Budget: Yes

Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [X] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading

If item previously considered, provide date and action by Commission:

If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/a

Advisory Review, if any (name of board/committee, date of action, recommendation): N/a

Recommendation for Commission Action: Staff recommends approval for the above mentioned.

Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Badger Meter Quote No. 124997

Responsibilities upon Approval: Upon approval, City Secretary’s office will forward a copy to the Public Utilities Department.



February 18, 2013

ewalker

Typewritten Text

VI. D.


February 18, 2013


February 18, 2013

ewalker

Typewritten Text

VI. E.


February 18, 2013


February 18, 2013

ewalker

Typewritten Text

VI. F.


February 18, 2013

Date of Meeting: 2/18/14

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

From (name, title, department and who submitting on behalf of, if any): Bret L. Mann, Finance Director, Finance Department Subject: To approve the use of Series 2007 Bond proceeds for the cost of the airport extension project in the amount of $343,000.00.

Discussion: Discussion and consideration to approve the use of Series 2007 Bond proceeds for the cost of the airport extension project in the amount of $343,000.00.

Fiscal Note: Amount: $343,000.00

Term of Impact: N/A Identified in Current Budget: Y/N

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: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: To approve. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Attachment Responsibilities upon Approval: Finance Department



February 18, 2013


February 18, 2013

ewalker

Typewritten Text

VI. H.


February 18, 2013

STATE OF TEXAS § §

COUNTY OF HIDALGO §

INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF WESLACO, TEXAS

AND THE COUNTY OF HIDALGO, TEXAS

THIS Agreement is made on this the day of , 2014, by and between the CITY OF WESLACO, TEXAS, hereinafter referred to as "City", and the COUNTY OF HIDALGO, TEXAS, hereinafter referred to as "County", pursuant to the provisions of the Texas lnterlocal Cooperation Act, as follows:

WITNESSETH:

WHEREAS, Weslaco is a home rule municipality located in Hidalgo County,

Texas;

WHEREAS, County is a county in the State of Texas;

WHEREAS, City and County, each pursuant to its statutory and constitutional authority, are responsible for maintenance and improvements of certain public roadways within their boundaries;

WHEREAS, Border Avenue from Mile 5 North to Mile 6 North (18th Street) is an

important and critical integral infrastructure connecting link corridor within Hidalgo County (the "Road");

WHEREAS, a portion of the Road is within the corporate limits of Weslaco, while

the remaining segment is within County jurisdiction;

WHEREAS, the Road serves as a connecting link and an integral part of the County road system and such improvements to the Road are in the best interest of the County and City;

WHEREAS, City and County are authorized to enter into this Agreement

pursuant to the lnterlocal Cooperation Act, Texas Gov't. Code 791.001 et seq., which authorizes local governments to contract with each other to perform governmental functions and services under the terms of the Act, and pursuant to the County Road and Bridge Act which authorizes counties to improve roadways within the limits of a city with the city's consent.

NOW, THEREFORE, City and County, in consideration of the mutual covenants

expressed hereinafter, agree as follows: 1. The County and City agree to share the costs b a s e d o n t e r r i t o r y


February 18, 2013

p e r t a i n i n g t o e a c h a u t h o r i t y a t 4 8 % C i t y a n d 5 2 % C o u n t y for e n g i n e e r i n g a n d construction of Border Avenue from Mile 5 North to Mile 6 North (18th Street) located within the municipal limits of City and County j u r i s d i c t i o n .

2. The parties agree that City will f o l low procurement procedures for engineering and

construction in accordance to City of Weslaco policies and procedures. 3. The parties agree that, if during the design process cost savings are identified by

using City or County manpower in construction, City or County manpower will be used in improvement areas and cost of materials will be shared based on the territory pertaining to each jurisdiction at 48% City and 52% County.

4. The parties agree that City and County will each inspect and accept the Road

prior to declaring the work completed. 5. The parties further agree that upon completion of the improvements, each party shall

be responsible for the maintenance and operation of the Road within each party's respective jurisdiction.

6. Pursuant to Tex. Trans. Code 251.012, authorizes County to perform the work and

services described herein within its corporate city limits. 7. County agrees to pay City the County's portion of the cost within thirty (30) days

after receiving City's invoice for County's cost of engineering and construction. 8. Conflict with Applicable Law. Nothing in this Agreement shall be construed so as

to require the commission of any act contrary to law, and whenever there is any conflict between and provision of their Agreement and any present or future law, ordinance or administrative, executive or judicial regulation, order or decree, or amendment thereof, contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the affected provision or provision of this Agreement shall be modified only to The extent necessary to bring them within the legal requirements and only during the times such conflict exists.

9. No Waiver. No waiver by any party hereto of any breach of any provision of the

Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision hereof.

10. Entire Agreement. This Agreement contains the entire contract between the

parties hereto, and each party acknowledges that neither has made (either directly or through any agent or representative) any representation or agreement in connection with this Agreement not specifically set forth herein. This Agreement may be modified or amended only by agreement in writing executed by City and County, and not otherwise.


February 18, 2013

11. Texas L a w t o Apply. This Agreement shall be construed under and in

accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Hidalgo County, Texas. The parties hereby consent to personal jurisdiction in Hidalgo County, Texas.

12.Notice. Except as may be otherwise specifically provided in this Agreement, all

notices, demands, requests or communication required or permitted hereunder shall be in writing and shall either be (i) personally delivered against a written receipt, or (ii) sent by registered or certified mail, return receipt requested, postage prepaid and addressed to the parties at the addresses set forth below, or at such other addresses as may have been theretofore specified by written notice delivered in accordance herewith:

If to Weslaco: City of Weslaco

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

If to County: County of Hidalgo

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

With copy to: Commissioner A.C. Cuellar, Jr., Precinct No.1

1912 Joe Stephens Avenue Weslaco, Texas 78596

Each notice, demand, request or communication which shall be delivered or mailed in the manner described above shall be deemed sufficiently given for all purposes at such time as it is personally delivered to the addressee or, if mailed, at such time as it is deposited in the United States mail.

13. Additional Documents. The parties hereto covenant and agree that they will

execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the terms of this Agreement.

14. Successors. This Agreement shall be binding upon and inure to the benefit of the

parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this Agreement.

15. Assignment. This Agreement shall not be assignable.

16. Headings. The headings and captions contained in this Agreement are solely for

convenience reference and shall not be deemed to affect the meaning or interpretation of any provision of paragraph hereof.


February 18, 2013

17. Gender and Number. All pronouns u s e d in this Agreement sha l l include t he other gender, whether used in the masculine, feminine or neuter gender, and

singular shall include the plural whenever and so often as may be appropriate. 18. Authority to Execute. The execution and performance of this Agreement by City and

County have been duly authorized by all necessary laws, resolutions or corporate action, and this Agreement constitutes the valid and enforceable obligations of City and County in accordance with its terms.

19. Governmental Purpose. Each party hereto is entering into this agreement for the

purpose of providing for governmental services or functions and will pay for such services out of current revenues available to the paying party as herein provided.

20. Commitment of Current Revenues Only. In the event that, during any term

hereof, the governing body of any party does not appropriate sufficient funds to meet the obligations of such party under this Agreement, then any party may terminate this Agreement upon ninety (90) days written notice to the other party. Each of the parties hereto agrees, however, to use its best efforts to secure funds necessary for the continued performance of this Agreement. The parties intend this provision to be a continuing right to terminate this Agreement at the expiration of each budget period of each party hereto pursuant to the provisions of Tex. Loc. Govt. Code Ann. §271.903.


February 18, 2013

WITNESS THE HANDS OF THE PARTIES effective as of the day and year first

written above. THE CITY OF WESLACO

ATTEST:

David Suarez, Mayor

Elizabeth M. Walker, City Secretary APPROVED AS TO FORM:

Ramon Vela, City Attorney

COUNTY OF HIDALGO ATTEST:

Arturo Guajardo, Jr., County Clerk

APPROVED AS TO FORM: ATLAS, HALL & RODRIGUEZ, LLP

By: _

Stephen L. Crain

Ramon Garcia, County Judge


February 18, 2013

• • 'l

STATE OF TEXAS § §

COUNTY OF HIDALGO §

APPROVAL OF INTERLOCAL COOPERATION AGREEMENT

PROJECT

In accordance with Texas Government Code §791.014, Hidalgo County, Texas, acting by and through the Hidalgo County Commissioners Court, has been advised of a proposed project to desire to improve Border Avenue from Mile 5 North to Mile 6 North (18th Street) through an lnterlocal Cooperation Agreement to be entered into with the City of Weslaco, Texas, and Hidalgo County.

By vote on 2014, the Hidalgo County Commissioners Court has

approved the Project identified above.

By: Ramon Garcia, County Judge

ATTEST:

Arturo Guajardo, County Clerk

APPROVED AS TO FORM:

ATLAS, HALL & RODRIGUEZ, LLP

By: _ Stephen L. Crain


February 18, 2013

Note to Record: Supplemental documentation pertaining to items VI. J-M may be provided no later than the meeting as it was unavailable at the time of posting.


February 18, 2013

14 02 18 agenda supplements

Documents

Transcript of 14 02 18 agenda supplements