12-12-18 agenda supplements

Date of Meeting: December 18, 2012

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. Pastor Speer from Grace Episcopal Church C. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. D. City Secretary will call roll.

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: 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: 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

December 18, 2012


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

From (name, title, department and who submitting on behalf of, if any): Mr. Alberto Canales, Accountant II / Grant Compliance Coordinator, Finance Subject: Urban County Program Five (5) Year Consolidated Plan to HUD Public Hearing for Needs Assessment. Discussion: To solicit input in compliance with the Consolidated Plan for Community Planning & Development, (CDBG, HOME, ESG) the City of Weslaco on the City’s needs and priorities for the five (5) year Consolidated Plan Urban County Program Years 2013, 2014, 2015, 2016 & 2017, (Hidalgo County Urban Funding Years 26, 27, 28, 29 & 30). 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: A Public Hearing Notice has been published in the Mid Valley Town Crier on December 14, 2012.. Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Approval to solicit input from interested parties on the City’s needs and priorities for the five (5) year Consolidated Plan Urban County Program Years 2013, 2014, 2015, 2016 & 2017. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Hidalgo County Urban County Program Five Year Consolidated Plan Public Hearing Notice for the City of Weslaco. Responsibilities upon Approval: City staff will forward (a) Sign-in Sheet(s); (b) Need Assessment Rating Sheet(s); and (c) Related Notes to Urban County Program Office upon completion of Public Hearing.



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II. A

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ORDINANCE NO. 2012-26 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF 1007 N. BORDER AVE., ALSO BEING 1.12 ACRE OF LAND OUT OF FARM TRACT 133, WEST TRACT SUBDIVISION, WESLACO, HIDALGO COUNTY, TEXAS, FROM “R-1 SINGLE FAMILY DWELLING DISTRICT” TO “B-1 NEIGHBORHOOD BUSINESS DISTRICT.” BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: To rezone from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District,” 1.12 acre of land out of Farm Tract 133, West Tract Subdivision, also being 1007 N. Border Avenue, Weslaco, Hidalgo County, Texas. SECTION II: That this ordinance shall become effective upon its passage. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 27th day of November, 2012. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 18th day of December, 2012. CITY OF WESLACO Miguel D. Wise, MAYOR ATTEST: Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: Ramon Vela, CITY ATTORNEY


December 18, 2012

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From (name, title, department and who submitting on behalf of, if any): Mr. Alberto Canales on behalf of Police Department Subject: Local Border Security Program 2013 Grant Application Discussion: Approval of Resolution 2012-72 to apply and accept from the Texas Department of Public Safety, Texas Rangers Division, a 2013 Local Border Security Program (LBSP) grant for $15,000.00, approve budget amendment as appropriate and authorize the Mayor to execute any related documents. Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [X ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Responsibilities upon Approval: Forward executed copy of Resolution to Mr. Alberto Canales to include in LBSP 2013 grant application due by December 31, 2012.



December 18, 2012

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RESOLUTION NO. 2012-72 A RESOLUTION TO APPLY AND ACCEPT ANY AWARDED 2013 LOCAL BORDER

SECURITY PROGRAM GRANT FUNDS FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY (TXDPS), TEXAS RANGERS DIVISION FOR THE PERIOD OF

JANUARY 1, 2013 THROUGH AGUST 31, 2013 WHEREAS, The City of Weslaco finds it in the best interest of the citizens of the City of Weslaco that the LOCAL BORDER SECURITY PROGRAM be operated for the fiscal year 2013 in the amount they may be awarded to us for the TXDPS; and WHEREAS, The City of Weslaco agrees to provide for the said project as required by the LOCAL BORDER SECURITY PROGRAM FY 2013; and

WHEREAS, The City of Weslaco agrees that in the event of loss or misuse of the Texas Department of Public Safety funds, the City of Weslaco assures that the funds will be returned to the Texas Department of Public Safety in full; and

WHEREAS, The City of Weslaco designates Mayor Miguel Wise as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT The City of Weslaco approves to apply and accept awarded funds for a grant for the 2013 LOCAL BORDER SECURITY PROGRAM to the Texas Department of Public Safety, Texas Rangers Division. Passed and approved this 18th day of December , 2012. CITY OF WESLACO

____________________________________ Miguel D. Wise, MAYOR ATTEST:

____________________________________ Elizabeth Walker, CITY SECRETARY APPROVED AS TO FORM: _____________________________ Ramon Vela, CITY ATTORNEY


December 18, 2012

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

From (name, title, department and who submitting on behalf of, if any): Gloria Givilancz, Asst. Finance Director, Finance Department Subject: The City of Weslaco Texas Municipal Retirement System (TMRS) ordinance effective January 1, 2013. Discussion: Ordinance 2012-25 pertaining to the City of Weslaco Texas Municipal Retirement System (TMRS), authorizing and allowing “Updated Service Credits” for services performed by qualifying members of such system who presently are members of the City of Weslaco, providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City, and establishing an effective date of January 1, 2013 for such actions, and authorize the Mayor to execute any related documents. Second and Final Reading of Ordinance 2012-25. Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [X ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Responsibilities upon Approval:



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December 18, 2012

RESOLUTION NO. 2012- 70

A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE BOARD OF ADJUSTMENTS & APPEALS-ZONING ORDINANCE.

WHEREAS, the City of Weslaco created and established the Board of Adjustments & Appeals-Zoning Ordinance. WHEREAS, the term of the members of this board are for two years; and WHEREAS, the Board of Adjustments & Appeals-Zoning Ordinance members shall serve with neither compensation nor term limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT ______________________________is appointed to serve on the Board of Adjustments & Appeals-Zoning Ordinance and the term will expire on ______day of _______________, 20____. PASSED AND APPROVED on this 4th day of December, 2012.

CITY OF WESLACO

________________________________ Miguel D. Wise, MAYOR

ATTEST:

________________________________ Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

_________________________________ Ramon Vela, CITY ATTORNEY


December 18, 2012

INTERESTED YES/NO FIRST NAME LAST NAME HOME CELL PHYSICAL ADDRESS E-MAIL ADDRESS APPLICATION DATE

yes George Vela 956-975-7838 956-969-2202 622 Silva Drive [email protected] 8/7/2012yes Usvaldo Ascencio 956-968-8169 106 Peña Ave uascencio2000@yahoo 6/30/2011

Armando Gutierrez 956-968-8175 PO Box 8351 4/15/2004Edward Torres 956-975-1347 956-975-1911 812 W Valley Trace 3/28/2006Erasmo Saenz 956-560-5310 956-463-5675 2113 Harrison 7/8/2008Larry Cardenas 956-778-3894 1116 W 3rd 6/8/2006

Yes Reynaldo Anzaldua 956-624-6346 417 S. Pleasantview [email protected] 10/28/2011Rene Rodriguez 956-272-3972 956-968-8733 801 N Palmas [email protected] 12/6/2012Roy Tijerina Jr 956-463-0521 627 W 18th St [email protected] 12/14/2012

TERM STARTTERM

EXPIRESTERMS SERVED FIRST NAME LAST NAME APPLICATION DATE

8/8/2012 8/8/2014 Lazaro Sr. Cardenas 6/28/201111/4/2011 11/2/2013 12 Andy Veliz 10/13/201111/4/2011 11/2/2013 5 Hector E. Valdez 10/27/201110/4/2011 10/5/2013 2 Ernesto Martinez, Jr. 10/2/2011

12/21/2010 12/21/2012 5 Paul Garza

Meeting Date

Narrative

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

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

APPLICANTS

CURRENT MEMBERS - BOARD OF ADJUSTMENTS & APPEALS ZONING ORDINANCE


December 18, 2012

mailto:[email protected]





RESOLUTION NO. 2012-71

A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE HOUSING AUTHORITY BOARD.

WHEREAS, the City of Weslaco has established the City of Weslaco Housing Authority Board as per the Texas Local Government Code Section, 392.031 the Mayor shall appoint the Housing Authority Commissioners; and WHEREAS, the terms of the members of this board are for (2) two years; and WHEREAS, the Housing Authority Board members shall serve without compensation and unlimited terms. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR OF THE CITY OF WESLACO, TEXAS THAT ______________________ is appointed to serve an expired (2) two year term on the Housing Authority Board and the term will expire on _______________. PASSED AND APPROVED on this 4th day of December, 2012.

CITY OF WESLACO

__________________________________ Miguel D. Wise, MAYOR

ATTEST:

__________________________________ Elizabeth M. Walker, CITY SECRETARY


_________________________________ Ramon Vela, CITY ATTORNEY


December 18, 2012

INTERESTED YES/NO FIRST NAME LAST NAME BUSINESS HOME CELL PHYSICAL ADDRESS

APPLICATION DATE

Alexandro Benavides 956-318-2300 956-251-6944 1301 Ambrosia Dr 12/27/2011Benita R Valadez 956-447-1025 956-778-7828 1002 Bella Vista 12/27/2011Joe M. Hernandez 956-357-2175 956-388-2132 1307 Mango Court 5/24/2006

Luciano S "Chano" Garza III 956-854-4042 1704 W Sixth St 6/30/2011Martin Olivarez 956-968-5436 956-463-5656 510 W 11th 2/21/2007

Minerva Reese 956-968-5436 PO Box 739 6/30/2011Usvaldo Ascencio 956-792-7835 956-968-8169 106 Peña Ave 11/4/2011Melva Segura 956-463-9535 2205 S Bridge Ave 11/4/2012

TERM START TERM EXPIRESTERMS SERVED FIRST NAME LAST NAME

APPLICATION DATE

7/20/2010 7/21/2014 0 Deborah L Castillo 7/12/20104/5/2005 7/21/2014 3 Javier Martinez 6/19/20128/4/2009 12/21/2013 0 Rogelio Tijerina 11/14/2011

11/1/1993 11/20/2013 5 Joe Vasquez12/10/2010 12/7/2012 0 Baltazar Garcia 12/15/1992

Meeting Date

Narrative

CURRENT BOAD MEMBERS - HOUSING AUTHORITY

The Weslaco Housing Authority Board meets on the last Wednesday of the month at 6:00 P.M., Alta Vista Meeting Room, 303 W. 6th St.

The Housing Authority of the City of Weslaco is authorized to transact business and exercise its powers pursuant to the Housing Authorities Law of the State of Texas

Applicants


December 18, 2012

RESOLUTION NO. 2012-73

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

WHEREAS, the City of Weslaco has established the Ambulance Advisory Board pursuant to Section 14-1(A) of Ordinance No. 78-39; and WHEREAS, the terms of the members of this board are for two years; and WHEREAS, the Ambulance Advisory Board members shall serve without compensation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT ___________________________________________ is appointed to serve either an expired term of two (2) full years or an unexpired term to replace a current member on the Ambulance Advisory Board and the term will expire on the date of __________________, 2014. PASSED AND APPROVED on this 18th day of December, 2012.

CITY OF WESLACO

Miguel D. Wise, MAYOR

ATTEST:

Elizabeth M. Walker, CITY SECRETARY


Ramon Vela, CITY ATTORNEY


December 18, 2012

INTERESTED YES/NO FIRST NAME LAST NAME BUSINESS HOME PHYSICAL ADDRESS E-MAIL ADDRESS APPLICATION DATE

Leticia Lopez 956-565-6334 956-490-5559 1315 Clifton St [email protected] 8/4/2010Patrick B Kennedy 956-975-1726 956-973-8566 912 Kerria St 12/19/2007Jaime J Cuellar 956-447-3415 956-969-1509 805 Cancun 3/9/2010

TERM STARTTERM

EXPIRESTERMS SERVED FIRST NAME LAST NAME BUSINESS HOME E-MAIL ADDRESS APPLICATION DATE

3/15/2010 3/15/2014 1 Santiago Cuellar 956-447-3415 956-532-4519 [email protected] 4/11/20128/17/2010 2/16/2014 1 Bertha Suarez 956-453-1215 956-973-3302 [email protected] 4/16/20122/7/2006 2/7/2014 3 Lt. Ted Walensky

4/17/1984 4/17/2013 14 Fred McCaleb 956-968-7533 12/27/20114/5/2005 4/5/2013 2 Dr. Roger Heredia 956-968-6986 956-969-25363/2/1999 2/15/2013 5 George Guerra [email protected] 2/15/2011

10/19/2010 10/19/2012 0 Annette Turner 956-447-1033 956-463-5350 11/1/2010

Narrativ

Revised Date 12/12/2012

AMBULANCE ADVISORY BOARD APPLICANTS

AMBULANCE ADVISORY BOARAD CURRENT MEMBERS

The Ambulance Advisory Board shall be composed of seven members appointed by the city commission.

The board’s duties shall be to review the manner in which ambulance service is provided by the city ambulance service and to investigate complaints made by any person aggrieved regarding the provision of such services, making report of such review or inve


December 18, 2012





STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § § §

PUBLIC PURPOSE SERVICES CONTRACT BETWEEN THE CITY OF WESLACO AND THE BOYS AND GIRLS CLUB OF MCALLEN WESLACO UNIT

This Contract is entered into on this the ____day of _______________ 2012, by and between the City of Weslaco; a Home-ruled Municipal Corporation, 255 South Kansas, Weslaco, Texas 78596 (hereinafter called "City") and The Boys and Girls Club of McAllen, Inc. (Weslaco Unit) at P.O. Box 577, McAllen, Texas 78505 (hereinafter called "The Boys and Girls Club of McAllen"). Whereas, City is interested in assisting Boys and Girls Club of McAllen in providing the City and citizens of Weslaco with such services that accomplish a legitimate public purpose, as is mandated by Article III, Section 52(a) of the Texas Constitution and such services are desirable by the City of Weslaco and such services are identified below and incorporated herein for all purposes; and Whereas, City has available certain public funds that may be spent for services which accomplish legitimate public purposes; and Whereas, The Boys and Girls Club of McAllen, upon accepting these public funds, obligates and commits itself to provide these public purpose services during the duration of this contract; and Whereas, The Boys and Girls Club of McAllen is the sole source and only organization or entity that can provide the public purpose services that are described in this contract.

SECTION I.

The Boys and Girls Club of McAllen agrees to use the public funds it is to receive from City to provide the public purpose services described in Exhibit "A" for the duration of the term of this contract and under the conditions set forth herein. The Boys and Girls Club of McAllen will be acting as an Independent Contractor in the performance of the terms and conditions of this contract. In consideration of the continued provision of the services in the quality and quantity as represented by The Boys and Girls Club of McAllen to City, City shall make payment to The Boys and Girls Club of McAllen as provided in Section VII of this contract.

SECTION II. RECORDS AND REPORTING

The Boys and Girls Club of McAllen agrees to furnish City its budget and all related expenditures for the duration of this contract. Contractor will maintain all records of operation for the period of this contract that confirms and establishes that the funds furnished by City are and have been used exclusively for the purposes as outlined and detailed herein. The


December 18, 2012

Boys and Girls Club of McAllen will make quarterly presentations on Youth Development to the Weslaco City Commission at 255 South Kansas, Weslaco Texas 78596.

SECTION III. DISCRIMINATION PROHIBITED

The Boys and Girls Club of McAllen agrees not to exclude any person from participating in or be subject to discrimination under any of the program's activities receiving City financial assistance on the ground of race, color, religion, sex, national origin or disability.

SECTION IV. SUSPENSION AND TERMINATION

If The Boys and Girls Club of McAllen fails to fulfill in a timely and proper manner its obligations under this contract, or The Boys and Girls Club of McAllen violates any of the agreements or stipulation of this contract, then The Boys and Girls Club of McAllen shall have thirty (30) days after the date of notice, in writing, from City to cure or correct such defect or failure unless City requires that the defect should be cured in a shorter time period as set out in such notice, in which case the earlier requirement for correction shall apply. The City may terminate this contract and seek reimbursement of all funds from the City to The Boys and Girls Club of McAllen hereunder after such period. The Boys and Girls Club of McAllen shall not be relieved of the liability to the City for damages sustained by the City by virtue of any breach of this contract by Boys and Girls Club of McAllen and the City may withhold any payments to The Boys and Girls Club of McAllen for the purpose as set out and until such time as the exact amount of damages due the City from Boys and Girls Club of McAllen is determined. The failure of the City to exercise any right shall in no way constitute a waiver by the City of Weslaco to otherwise demand payment or seek any other relief in law or in equity to which it may justly entitled.

SECTION V. CITY OF WESLACO’S ROLES AND RESPONSIBILITIES

A. The City of Weslaco will host the comprehensive youth development services

provided by The Boys and Girls Club of McAllen at 500 South Kansas, Weslaco, Texas 78596.

B. Assign one (1) staff member to serve on the Boys and Girls Club Weslaco Unit

Advisory Board.

C. Assist in publicizing, recruiting and retaining at least 100 students for the Boys and Girls Club Weslaco Unit services.

D. To partner with The Boys and Girls Club of McAllen involving various city

departments and service to provide comprehensive, non-redundant youth services such as City Parks and Recreation and City Library Services.


December 18, 2012

SECTION VI.

TERM The term of this written Agreement shall be for one (1) calendar year beginning October 1, 2012 and ending September 30, 2013. And can be continued on an annual basis as agreed upon by both parties.

SECTION VII. PAYMENTS TO BOYS AND GIRLS OF MCALLEN

City hereby agrees to pay The Boys and Girls Club of McAllen with a quarterly allocation totaling $50,000.00 annually for the public purpose services and activities in this contract.

SECTION VIII. AUDIT

The Boys and Girls Club of McAllen agrees to furnish City with an audit certified by a certified public accountant covering the contract year with specific receipts and disbursements of the payments to The Boys and Girls Club of McAllen hereunder. The Boys and Girls Club of McAllen agrees to require any such auditor to cooperate with City relating to any inquiries by City as to the provisions of such audit. City may conduct service and/or expenditure audits during the term or for one year after the expiration date hereof. The Boys and Girls Club of McAllen agrees to furnish any records requested by City and to otherwise cooperate with City in relation to any inquiries made by City in the City audit hereunder.

SECTION IX. VENUE AND REMEDIES

Venue in any suit, right or cause of action arising under or in connection with this Contract shall lie exclusively in Hidalgo County, Texas. This Contract shall be governed, interpreted and enforceable according to the laws of the State of Texas. In addition to any other remedy available by law, it is specifically provided that either party hereto may enforce this Contract by specific performance in a court of competent jurisdiction.

SECTION X. NOTICES AND ADDRESS

All notices provided to given under this Contract shall be given by certified mail, return receipt requested, addressed to the proper party. The date of mailing of any notice under this Contract shall be deemed to be the date such notice is received and shall be effective from such date. The addresses of the parties to this Contract are as follows:


December 18, 2012

CITY CONTRACTOR CITY OF WESLACO BOYS AND GIRLS’ CLUB OF 255 S. Kansas Avenue MCALLEN Weslaco, TX 78596 P.O. Box 577 Attn.: City Manager Weslaco, TX 78505 Attn.: Executive Director

SECTION XI. PARTIES BOUND

This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns where permitted by this Contract. The persons signing this Contract on behalf of the City and The Boys and Girls Club of McAllen warrant that he/she has been duly authorized to execute this Contract and legally bind the City and to this Contract.

SECTION XII. LEGAL CONSTRUCTION

In case anyone or more of the provision contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions thereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

SECTION XII. AMENDMENT

No amendment, modification, or alteration of the terms hereof shall be binding unless the same is in writing, dated and subsequent to the date hereof and duly executed by the parties hereto after proper authority has been obtained.

SECTION XIV. WAIVER OF DEFAULT

No waiver by the parties hereto of any default or breach of any term, condition, or covenant of this Contract shall be deemed to be a waiver of any other breach of the same or any other term, condition, or covenant contained herein.

SECTION XV. ENUMERATION OF CONTRACT DOCUMENTS

This Contract shall be in accordance with and subject to the provisions of all documents enumerated herein or which may be attached hereto by mutual consent of the contracting parties at any future date, and are hereby made a part of this Contract unless otherwise provided for. This Contract contains the entire agreement of the parties and cannot be changed except by express written agreement. The Contract document so enumerated is:


December 18, 2012

EXHIBIT "A"

SECTION XVI. LIABILITY INSURANCE

The Boys and Girls Club of McAllen will provide, upon execution of this Contract, City with a certificate of general liability insurance naming the City of Weslaco as an additional insured, protecting and insuring the City against claims for liability for bodily injury or other damages by youth or other individuals engaged in the activities funded by this Contract. Contract will hold harmless and indemnify the City of Weslaco, its elected officials, employees, agents or representatives from all claims, actions and damages that are made and assessed against the City of Weslaco, its elected officials, employees, agents or representatives as a result of The Boys and Girls Club of McAllen performance of activities and services under this Contract. IN WITNESS THEREOF, City and The Boys and Girls Club of McAllen have executed two (2) conformed copies of this Contract effective as of this the ___day of __________, 2013

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

BOYS AND GIRLS CLUB OF MCALLEN, WESLACO UNIT

CHIEF PRORESSIONAL OFFICER (EXECUTIVE DIRECTOR)


December 18, 2012


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

From (name, title, department and who submitting on behalf of, if any): Elizabeth Walker, City Secretary Subject: Discussion and consideration to authorize an expenditure in an amount not to exceed $2,500.00 from the Preservation Fund for the purchase of death record binders, birth record binders, secure life ledger paper, and other supplies for the permanent retention of vital records as prescribed by the Texas Health & Safety Code §191.0045 (h) and authorize a budget amendment as appropriate. Possible action. Discussion: In response to SB1744, in 2003 the Weslaco City Commission authorized a $1 fee as a surcharge for the production of birth and death certificates and dedicated a preservation fund. Any expenses must exclusively serve the preservation of vital records; purchases as recommended meet that purpose, with acid-free paper and binders suitable for retention. 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: September 16, 2003 – Commission authorizes fee and establishes fund 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: Approve. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Texas Health & Safety Code §191.0045 Responsibilities upon Approval: Finance Department will implement the budget amendment; City Secretary’s Office will follow proper purchasing procedure to acquire specialized supplies.



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Date of Meeting: December 18 , 2012

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

From (name, title, department and who submitting on behalf of, if any): Gloria Givilancz Asst. Finance Director Subject: Agreement with Garcia and Pena, CPA for professional auditing services for the year ended September 30, 2012 Discussion: Discussion and consideration to approve a Professional Services Agreement with Garcia & Pena, Certified Public Accounts to conduct the Comprehensive Financial Audit of the City of Weslaco’s financial accounts for Fiscal Year 2011-2012 and authorize the Mayor to execute the agreement. Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Staff recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Responsibilities upon Approval:



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From (name, title, department and who submitting on behalf of, if any): Gloria Givilancz, Asst. Finance Director Subject: Allocate Internal Service Fund Budget Discussion: Discussion and consideration to approve the expenditures from the City of Weslaco Internal Service Fund for Fiscal Year 2012-2013 not to exceed $355.000.00. Possible action. (Requested by Finance Department.) Attachment. Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Staff recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): See attached Responsibilities upon Approval: Process allocated budget accordingly to various Departments



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VI. E

Dept. Description Total Cost

Airport Airport WebsiteTotal capital request for Airport 12,000.00$

City Manager's Office City Website 12,000.00$ Tahoe- 30,000.00$ Total capital request for City Manager's Office 42,000.00$

Code Enforcement 2013 Ford F150 Super Crew 4X4 XLWill be used daily as Vector Control Unit to adulticid andlaravidied flooded areas. Current vehicle is over 20years old.Total capital request for Code Enforcement 29,422.00$

Finance Time-Clocks-To assist with payroll and standardize 16,075.00$ check-in and check-out times for employeesIncode-License fee 2,063.00$ Total capital request for Finance 18,138.00$

Fire Rescue Tools/Jaws of Life (2) 36,249.00$ Radios (5) 15,735.00$ Tough Books/Laptops (6) 39,027.00$ Total capital request for Fire 91,011.00$

Library Remove all carpet and vinyl base from wallsTape, texture, paint wallsInstall new vinyl base on walls 24,000.00$ Library Website 12,000.00$ Total capital request for Library 40,000.00$

Police Constructions of 10' Security Fence on perimeter of rear parking lot 21,075.00$ Server for Police Dept 16,951.00$ Total capital request for Police 38,026.00$

Public Facilities F-150 Super Crew 21,500.00$ jTotal capital request for Public Facilities

Sub-Total 292,097.00$ Grand Total 292,097.00$


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December 18, 2012

City Manager’s Report 04 December 2012 Departmental Update • Public Utilities

o The City has been invited to submit an application for funding to the Texas Water Development Board (TWDB) through the State Fiscal Year 2013 Clean Water State Revolving Fund. Currently the City has three projects listed on the Intended Use Plan which include the South WWTP Expansion, North WWTP Expansion, and the Wastewater Master Plan. The City will have until July 1, 2013 to submit an application, or until the total funds available have been committed.

o TCEQ is pursuing an enforcement action against the City for violations of the Texas Water Code and/or Commission Rules. These violations were discovered during a record review conducted on September 26, 2012. TCEQ has submitted an agreed order that assesses an administrative penalty of $9,300. They are proposing a one-time offer to defer $1,860 of the penalty if the City satisfactorily complies with all the ordering provisions within the allotted time frame as specified in the Agreed Order.

• Police Department

o The Department is hosting its annual toy drive. If you would like to donate a new, unwrapped toy for the children of Weslaco, contact Officer J.P. Rodriguez, Officer Karina Castaneda, or Officer Marco Siller at 968-8591. Gifts can also be brought to the police station. We appreciate your help during this holiday season!

o Officers Marco Siller and J.P. Rodriguez recently received information about a family in need of assistance whose home recently burned down. The officers partnered with WISD Parental Involvement Coordinator Letty Martinez, Wal-Mart, and Weslaco Crime Stoppers to provide the Granados family with two futon sofas and a Christmas tree.

o The Department received an invitation from Weslaco Rotary Club member/Weslaco Crime Stoppers board member Bertha Suarez. Officers J.P. Rodriguez and Marco Siller gave a short presentation where they discussed crime statistics, crime prevention, and community events that are coordinated by the Weslaco Police Department Community Policing Division.

• Fire Department

o The Wireless Communication Bureau provided a reminder of a January 1, 2013 as the deadline for the transition to narrowband operations in the 150-174 MHz and 421-470 MHz Bands. The Bureau is mandating that all VHF/UHF and Public Safety Radio pools must operate on 12.5 kHz or narrower channels. The Department has already received notice that


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it is in compliance with the mandates set forth by the Wireless Communication Bureau and Federal Communications Commissioner (FCC) for narrowbands.

• Upcoming Meetings & Events

o City of Weslaco Annual Employee Awards Luncheon (December 21) o Second Annual Christmas Party (La Placita Park, December 22) o First Annual Christmas Party (City Park, December 22) o Christmas Holiday (Municipal Offices Closed, December 24-25) o New Year’s Day (Municipal Offices Closed, January 1)

• Media/Public Feedback o The City’s Information Technology Department received an email of appreciation for Alicia

Aguilar of the Weslaco EDC for their professional operation when it came to recording the EDC Franchise Seminar held on November 30. The Seminar hosted presentations by BBVA Compass and SBA.

o Porsche of San Antonio gave a special thanks to the City for hosting a Ride and Drive Event at the Mid Valley Airport on November 29.

o Attorneys Evaluate Propositions passed in Weslaco Election (The Monitor, December 4) o Weslaco Restructures Bonds (The Monitor, December 5)

• Attachments

o TxDOT Project Report (October 17) o U.S. Department of Housing & Urban County PHAS Score (November 26) o Texas General Land Office Letter (November 27) o Movimiento Familiar Cristiano Catolico- Letter of Appreciation o Overtime Report o General Fund Expenditure Report by Department

•


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http://www.themonitor.com/news/local/article_9b8ec6f0-3e8d-11e2-8ef7-0019bb30f31a.html

http://www.themonitor.com/news/local/article_84e0618a-3f4f-11e2-8bf3-0019bb30f31a.html


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EXECUTIVE DIRECTOR’S REPORT

to Weslaco City Commission December 2012

Following is a preview of the commercial and public projects on the drawing board for 2013. 1. Blue Wave Car Wash

A new concept car wash will be constructed at the intersection of Westgate and Expressway 83 frontage road.

2. Chick-Fil-A

Construction of a Chick-Fil-A restaurant is scheduled to begin late in 2013 at the southeast corner of Westgate and Expressway 83.

3. Arturo’s

A new Arturo’s six thousand square foot (6,000√) bar and grill is scheduled to be constructed and opened in the last quarter of the new year.

4. Valley Nature Center

The premier nature center in South Texas is to be housed in a brand new facility with exciting nature displays.

5. Business-Visitor & Event Center

The Great Hall, a sixteen thousand square foot (16,000√) venue, will be open by June 2013. 6. Payne Auto Group

A brand new Chevrolet and a brand new GMC dealership will be open by the last quarter of 2013. The third dealership, a new Ford store, also is part of the master plan, as is a new foreign car dealership.

7. Mid-Valley Airport

The multimillion dollar construction project is scheduled to begin in March should be completed by December 2013.

8. Palm Aire Hotel

The legendary Palm Aire, one of the largest full service hotels in the region, should be fully renewed by the end of 2013.

9. Bridgestone Tire Distribution Center

A new major tire distribution center should be constructed and fully operational by the last quarter of 2013.

10. LongHorn Steakhouse

A new LongHorn Steakhouse restaurant should be open by June 2013. Overall, 2013 promises to be a very good year for Weslaco. HG:mg / 12/14/12


December 18, 2012

12-12-18 agenda supplements

Documents

date of action

commission action

additional action

date of meeting

publication notice

urban county program

certification of public

city of weslaco