13 11 19 agenda supplements

Date of Meeting: November 19, 2013

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 Faron Thebeau, Primera Bautista Church, will give the invocation. C. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. D. City Secretary will call roll.

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

Standardized Agenda Request Form

Weslaco City Commission Regular Meeting

November 19, 2013

City of Weslaco “The City on the Grow”

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

Miguel D. Wise, Mayor John F. Cuellar, Mayor Pro-Tem, District 2

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

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

Joe A. Martinez, Commissioner, District 6

Leonardo Olivares, City Manager

The Pledge of Allegiance to the Flag

“I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.”

The Pledge of Allegiance to the State Flag "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." *The pledge was amended by House Bill 1034 during the 80th Legislature with the addition of "one state under God." The revised wording became effective on June 15, 2007.

Preamble to the Constitution of the United States of America We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

STATEMENT OF VISION: AN INTERNATIONAL CENTER OF GROWTH

Friendly people with vision, courage and integrity

STATEMENT OF MISSION: COMMITMENT TO EXCELLENCE IN PUBLIC SERVICE

*Positive Attitude of Courtesy & Concern *Doing it Right the First Time *Sensitive to the citizens’ needs *Friendly Respect for All *Service without Hassle


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RESOLUTION NO. 2013-94 STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

AN ORDER DECLARING THE RESULTS OF

THE CITY OF WESLACO GENERAL

ELECTION OF NOVEMBER 5, 2013 TO FILL

THREE VACANCIES.

WHEREAS, the City Commission of the City of Weslaco resolved and ordered

that a General Election be held on November 5, 2013 in the City of Weslaco, Texas for the purpose of electing three members to the Weslaco City Commission for the following positions:

MAYOR

CITY COMMISSIONER SINGLE MEMBER DISTRICT 5 CITY COMMISSIONER SINGLE MEMBER DISTRICT 6

WHEREAS, there came on to be considered the returns of the election held on the 5th day of November, 2013 for the purpose of electing three (3) members to the City Commission. WHEREAS, the returns of said election have been duly canvassed by the City Commission, and each of the candidates and the propositions in said election having received the following votes to wit:

MAYOR ADRIAN FARIAS Votes 1,892

DAVID SUAREZ Votes 2,226

CITY COMMISSIONER SINGLE MEMBER DISTRICT 5 LUPE RIVERA Votes 487 LETTY LOPEZ Votes 471 CITY COMMISSIONER SINGLE MEMBER DISTRICT 6 FIDEL PENA Votes 291 JOE A. MARTINEZ Votes 194 IT IS, THEREFORE FOUND, DECLARED AND ORDERED by the City Commission of the City of Weslaco that the above election was duly called. The notice of said election was duly posted and that said election was held in accordance with the laws of the Texas Election Code. That at said General Election David Suarez was elected to the position of Mayor, that Lupe Rivera was elected to the position of Commission Single Member District 5 and that Fidel Pena was elected to the position of City Commission Single Member District 6 of the City of Weslaco subject to taking their oath of office.


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SECTION 1: That it is further found and determined that the results of the election as canvassed and tabulated in the preamble hereof reflect the expressed desires of those persons voting at said election.

IT IS FURTHER FOUND AND DETERMINED that in accordance with the laws of the Texas Election Code the City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located at City Hall, place convenient and readily accessible to the general public and said notice having been so posted and remaining posted continuously for at least 72-hours proceeding the scheduled time of said meeting. A copy of the returns shall be attached to the minutes of this meeting and shall be made as part hereof for all intents and purposes. PASSED, ADOPTED and APPROVED this 19th day of November, 2013. CITY OF WESLACO

____________________________________

Miguel D. Wise, MAYOR ATTEST: ____________________________________ Elizabeth Walker, CITY SECRETARY APPROVED AS TO FORM: _____________________________ Ramon Vela, CITY ATTORNEY


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A REGULAR MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, NOVEMBER 5, 2013

On this 5th day of November 2013 at 5:30 p.m., the City Commission of the City of Weslaco, Texas convened in a Special Meeting at City Hall in the Legislative Chamber, located at 255 South Kansas Avenue with the following members present: Mayor Pro-Tem J.F. “Johnny” Cuellar Commissioner David R. Fox Commissioner Lupe Rivera Commissioner Joe A. Martinez

City Manager Leonardo Olivares

City Secretary Elizabeth M. Walker City Attorney Ramon Vela Also present: Rey Garcia, IT Director; Bret Mann, Finance Director; Jeff Underwood, Planning & Code Enforcement Director; David Salinas, Public Utilities Director; Oscar Garcia, Public Facilities Director; David Arce, Parks & Recreation Director; Police Chief Michael Kelley; Fire Chief Santiago Cuellar; Martin Mata, Assistant Library Director; Mardoqueo Hinojosa, City Engineer; George Garrett, Mid Valley Airport; and several other staff members and citizens.

I. CALL TO ORDER

A. Certification of Public Notice.

Mayor Pro-Tem Cuellar called the meeting to order and certified the public notice of the meeting as properly posted Friday, November 1, 2013.

B. Invocation. Pastor Art Beckwith of RGV Fellowship Church delivered the invocation.

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

D. Roll Call. Elizabeth Walker, City Secretary, called the roll, noting Mayor Wise, Commissioner Noriega, and Commissioner Tafolla as absent.

II.

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 following: 1.) Regular Meeting on October 1, 2013, amended to correct Ordinance 2013-26; 2.) Regular Meeting on October 15, 2013;


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3.) Special Meeting on October 29, 2013. (Requested by City Secretary’s Office.) Attachment.

B. Approval of the renewal of the membership for 2014 in the amount of $100.00 in the

Electric Reliability Council of Texas (“ERCOT”), the entity in Texas responsible for operating the deregulated wholesale electricity market and overseeing the grid in the deregulated portion of the state, and authorize the Mayor to execute any related documents. (Requested by City Attorney’s Office.) Attachment.

C. Approval of Resolution 2013-80 authorizing the submittal of the Solid Waste Grant application in the amount of $30,000.00 for fiscal years 2014 and 2015 to the Lower Rio Grande Valley Development Council to fund the operations of the recycle center with no local match required, authorize acceptance upon award and a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Requested by Public Utilities Department.) Attachment.

D. Authorization of the renewal of a Food for Fines program at the Mayor Joe V. Sanchez Public Library, allowing library patrons to exchange canned goods for outstanding library fees through December 2013 in support of a food drive by the Rio Grande Valley Food Bank. (Requested by the Library.) Attachment.

E. Authorization of Federal Equitable Sharing funds in an amount not to exceed $17,000.00 for communications-related expenses and authorize budget amendments as appropriate. (Requested by Police Department.) Attachment.

F. Approval of the renewal of a contract with the Texas Department of Transportation Aviation Division for maintenance of the Automated Weather Observation Station (AWOS) through Vaisala on a 50/50 cost sharing basis for a total payment by the City of $780.00 and authorize the Mayor to execute any related documents. (Requested by Airport.) Attachment. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve the consent agenda as presented. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. For the record, Resolution 2013-80 reads as follows:

RESOLUTION 2013- 80

RESOLUTION OF CITY OF WESLACO AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE LOWER RIO GRANDE VALLEY DEVELOPMENT COUNCIL FOR A REGIONAL SOLID WASTE GRANTS PROGRAM GRANT; AUTHORIZING LEONARDO OLIVARES, CITY MANAGER TO ACT ON BEHALF OF THE CITY OF WESLACO IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A GRANT IS RECEIVED THE CITY OF WESLACO WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE LOWER RIO GRANDE VALLEY DEVELOPMENT COUNCIL, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS.

WHERAS, the Lower Rio Grande Development Council is directed by the Texas Commission on Environmental Quality to administer solid waste grants funds for implementation the COG’s adopted regional solid waste management plan; and


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WHEREAS, the City of Weslaco in the State of Texas is qualified to apply for grant funds under the request for applications. NOW, THEREFORE, BE IT RESOLVED BY THE City of Weslaco in Weslaco, TEXAS;

1. That Leonardo Olivares, City Manager is authorized to request grant funding under the Lower Rio Grande Valley Development Council Request for applications of the Regional Solid Waste Grants Program and act on behalf of the City of Weslaco in all matters related to the grant application and any subsequent grant contact and grant project that may result.

2. That if the project is funded the, City of Weslaco will comply with the grant requirements of the Lower Rio Grande Valley Development Council, Texas Commission on Environmental Quality and the State of Texas.

3. The grant funds and any grant-funded equipment or facilities will be used only for the purpose for which they are intended under the grant.

4. That activity will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed.

PASSED AND APPROVED on this 5th day of November 2013. /s/ John F. Cuellar, MAYOR PRO-TEM ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

III. APPOINTMENTS

A. Discussion and consideration to approve Resolution 2013-77 appointing one member to an unexpired term on the Ambulance Advisory Board. Possible action. (Commission accepted the resignation of Bertha Suarez October 15, 2013; Requested by Fire Department.) Attachment. There was no action on this item.

B. Discussion and consideration to approve Resolution 2013-79 appointing one member to an expired term on the Board of Adjustments and Appeals. Possible action. (Commission took no action on this Resolution October 15, 2013; Requested by Planning and Code Enforcement Department.) Attachment. The City Manager stated that the position is currently held by Mr. Hector Valdez and his term expired on November 2. Commissioner Rivera, seconded by Commissioner Fox, moved to approve Resolution 2013-79 appointing Ms. Margie Reyna to an expired term on the Board of Adjustments and Appeals. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. For the record, Resolution 2013-79 reads as follows:

RESOLUTION NO. 2013- 79

A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE


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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 Margie Reyna is appointed to serve an unexpired term on the Board of Adjustments & Appeals-Zoning Ordinance and the term will expire on 2nd day of November, 2015. PASSED AND APPROVED on this 5th day of November, 2013. /s/ John F. Cuellar, MAYOR PRO-TEM ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

C. Discussion and consideration to approve Resolution 2013-81 confirming the appointment by the Mayor of one member to the City of Weslaco Housing Authority Board to an expired term as authorized by §302.031 of the Texas Local Government Code. Possible action. (Requested by City Secretary’s Office.) Attachment. Mayor Pro-Tem Cuellar declared Resolution 2013-81 appointing Mr. Adrian Gonzalez to an expired term on the City of Weslaco Housing Authority Board. For the record, Resolution 2013-81 reads as follows:


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 _Adrian Gonzalez_ is appointed to serve an expired (2) two year term on the Housing Authority Board and the term will expire on November 20, 2015. DECALRED on this 5th day of November, 2013. /s/ John F. Cuellar, MAYOR PRO-TEM ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY


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D. Discussion and consideration to approve Resolution 2013-82 appointing an official

member and an alternate member to the Amigos del Valle, Inc. Board of Directors for Fiscal Year 2013-2014. Possible action. (Requested by Amigos del Valle.) Attachment. The City Manager stated these board positions currently are held by one elected official, Commissioner Noriega, and one community member, Mr. Eloy Alanis. Commissioner Rivera, seconded by Commissioner Fox, moved to approve Resolution 2013-82 appointing Commissioner Gerardo “Jerry” Tafolla as an official member and Commissioner David R. Fox as an alternate member on the Amigos del Valle, Inc. Board of Directors for Fiscal Year 2013-2014. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. For the record, Resolution 2013-82 reads as follows:


THE STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

A RESOLUTION APPOINTING A MEMBER AND AN ALTERNATE MEMBER TO THE AMIGOS DEL VALLE, INC. BOARD OF DIRECTORS FOR FISCAL YEAR 2012-2013

WHEREAS, the Amigos del Valle, Inc. has requested that a City of Weslaco elected official

be appointed to serve as the official member of the Amigos del Valle, Inc. Board of Directors; and WHEREAS, the City of Weslaco may elect to appoint an individual of the City of Weslaco

to serve in place of the official member; and

WHEREAS, the Amigos del Valle, Inc. has requested that a City of Weslaco elected official be appointed to serve as an alternate member of the Amigos del Valle, Inc. Board of Directors; and

NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE

CITY OF WESLACO that _ Gerardo “Jerry” Tafolla, City Commissioner be appointed as the official member of the Amigos del Valle, Inc. Board of Directors.

BE FURTHER RESOLVED that _David R. Fox, City Commissioner be appointed as an

alternate member of the Amigos del Valle, Inc. Board of Directors and a copy of this Resolution shall be delivered to the Amigos del Valle, Inc. to evidence these appointments.

PASSED AND APPROVED this 5th day of November, 2013. /s/ John F. Cuellar, MAYOR PRO-TEM ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

E. Discussion and consideration to approve Resolution 2013-83 to allocate 150 total votes in the election for the 2013-2014 Board of Directors of the Hidalgo County Appraisal District pursuant to §6.03 of the Texas Property Tax Code. Possible action. (Requested by City Secretary’s Office.) Attachment. The City Manager presented a list of eligible members for Board of Directors.


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Commissioner Rivera, seconded by Commissioner Martinez, moved to approve Resolution 2013-83 to cast all its assigned votes to Mr. David Hernandez as candidate on the ballot for Board of Directors of the Hidalgo County Appraisal District. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. For the record, Resolution 2013-83 reads as follows:

RESOLUTION NO. 2013-83

STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

RESOLUTION CASTING VOTES BY THE CITY OF WESLACO FOR A CANDIDATE TO HIDALGO COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS.

WHEREAS, the City of Weslaco, a governmental unit entitled to vote in the selection of a

Board of Directors for the Hidalgo County Appraisal District, has been notified by the Chief Appraiser of Hidalgo County, Texas, that votes to the said Board of Directors should be submitted in Resolution form to the Chief Appraiser by December 31, 2013 and

WHEREAS, the City wishes to cast all its assigned votes to David Hernandez as candidate on the ballot for Director of the Hidalgo County Appraisal District.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISISON OF THE CITY OF WESLACO as follows:

1. The City Commission of the City of Weslaco does hereby cast all its assigned votes to _David Hernandez_ as a candidate for the Director of Hidalgo County Appraisal District.

2. A certified copy of this Resolution shall be delivered to the Chief Appraiser

Hidalgo County, Texas, to evidence this nomination.

PASSED AND APPROVED this 5th day of November, 2013. /s/ John F. Cuellar, MAYOR PRO-TEM ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

IV. NEW BUSINESS

A. Discussion and consideration to approve a three-year uniform rental service agreement with G&K Services, BuyBoard Vendor Contract #416-12, for 76 employees. Possible action. (Requested by Public Utilities and Public Facilities Departments.) Attachment. The City Manager stated the proposed uniform rental is for Public Facilities and Utilities Departments. The quote was received through BuyBoard with an initial cost of $24,600.00. The proposed contract is for three years with the option to renew; staff recommends approval. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Pro-Tem Cuellar was


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present, but not voting.

B. Discussion and consideration to approve Resolution 2013-84 reconsidering Resolution 2013-58 authorizing eminent domain proceedings for the purpose of acquiring real estate to construct airport improvements and authorize the Mayor to execute any related documents. Possible action. (Commission approved Resolution 2013-58 on June 4, 2013; Requested by Airport Department.) Attachment. Mayor Pro-Tem Cuellar stated by the proposed motion the City Commission of the City of Weslaco authorizes the use of the power of eminent domain to acquire the land and improvements located at 801 Orange Avenue, Weslaco, Texas and 2600 N. Bridge, Weslaco, Texas as more particularly described by the metes and bounds attached hereto as Exhibit “A”, for the public use of expanding the Weslaco Mid Valley Airport. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve the motion as read. The City Attorney clarified for the record that this item applied only to eminent domain of real property which is approximately 8.0 acres. By roll call vote, the motion carried unanimously; Mayor Pro-Tem Cuellar was present and voting. For the record, Resolution 2013-84 reads as follows:


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/s/ John F. Cuellar, MAYOR PRO-TEM ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

V. REPORTS


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A. Report by City Manager and Department Directors, Upcoming Meetings, Appointments, and Feedback. Attachment. The City Manager referenced the reports as submitted.

B. Report on Sponsored Projects. Attachment.

C. Report on Litigation Update.

VI. PUBLIC COMMENTS There were no public comments registered. Mr. Hector Valdez attempted to make a public comment; Mayor Pro-Tem Cuellar declared Mr. Valdez out of order.

VII. EXECUTIVE SESSION

A. Potential Litigation – Consultation with the City Attorney regarding a lease with the City of Weslaco at the Weslaco Mid Valley Airport pursuant to §551.071 of the Texas Government Code. Commissioner Martinez, seconded by Commissioner Rivera, moved to authorize a Forcible Entry and Detainer (Eviction) Lawsuit against John Pate and/or any other persons who have Hanger No. W-2 at the Weslaco Mid-Valley Airport without a valid Weslaco Mid-Valley Airport Ground-Hanger Space Lease Agreement. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

VIII. POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION

The Commission did not convene in executive session.

IX. ADJOURNMENT With no other business before the Commission, at 5:46 p.m. Commissioner Rivera, seconded by Commissioner Martinez, moved to adjourn the November 5, 2013 regular meeting. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

CITY OF WESLACO

(absent) MAYOR, Miguel D. Wise ATTEST: CITY SECRETARY, Elizabeth M. Walker


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MAYOR PRO-TEM, J.F. “Johnny” Cuellar

COMMISSIONER, David R. Fox

_(absent) COMMISSIONER, Olga M. Noriega (absent) COMMISSIONER, Gerardo “Jerry” Tafolla COMMISSIONER, Lupe Rivera COMMISSIONER, Joe A. Martinez


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Minutes of the Special Meeting of the Weslaco City Commission on November 12, 2013 Page 1 of 10

A SPECIAL MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, NOVEMBER 12, 2013

On this 5th day of November 2013 at 5:30 p.m., the City Commission of the City of Weslaco, Texas convened in a Special Meeting at City Hall in the Legislative Chamber, located at 255 South Kansas Avenue with the following members present: Mayor Pro-Tem J.F. “Johnny” Cuellar Commissioner David R. Fox Commissioner Olga M. Noriega Commissioner Gerardo “Jerry” Tafolla Commissioner Lupe Rivera Commissioner Joe A. Martinez

City Manager Leonardo Olivares

City Secretary Elizabeth M. Walker City Attorney Ramon Vela Also present: Rey Garcia, IT Director; Bret Mann, Finance Director; Jeff Underwood, Planning & Code Enforcement Director; David Salinas, Public Utilities Director; Oscar Garcia, Public Facilities Director; David Arce, Parks & Recreation Director; Police Chief Michael Kelley; Fire Chief Santiago Cuellar; Arnold Becho, Library Director; Mardoqueo Hinojosa, City Engineer; and several other staff members and citizens.

I. CALL TO ORDER

A. Certification of Public Notice.

Mayor Pro-Tem Cuellar called the meeting to order and certified the public notice of the meeting as properly posted Saturday, November 9, 2013.

B. Pledge of Allegiance. Mayor Pro-Tem recited the Pledge of Allegiance and the Texas flag.

C. Roll Call. Elizabeth Walker, City Secretary, called the roll, noting Mayor Wise as absent. Commissioner Rivera, seconded by Commissioner Tafolla, moved to take item III. A. from its posted sequence for immediate consideration. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

III. NEW BUSINESS

A. Discussion and consideration to approve the Articles of Amendment to the Articles of Formation of the Economic Development Corporation of Weslaco reducing the number of Directors from seven (7) to five (5), removing the requirement that four (4) of the Directors be Weslaco City Commissioners, and other non-substantive changes. Possible action. (Requested by the Economic Development Corporation of Weslaco.)


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The City Manager stated that the proposed amendment would change the number of directors for seven (7) to the statutory minimum of five (5) and eliminate the requirement that four (4) of the directors be Commissioners. This item has been reviewed by the City Attorney and EDCW attorney. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the item as presented. Commissioner Noriega expressed her concern that the proposed items could be discussed at the next regular meeting after the newly elected officials take office. In response to Commissioner Noriega, the City Manager stated it is the prerogative of the Commission to set the requirements to make a board as restrictive or as open as desired so long as complies with statute. In response to Commissioner Noriega, the City Manager clarified that administratively he likes the agenda items to have a department associated with them so it is known who is takes the lead on it. Commissioner Rivera, seconded by Commissioner Tafolla, called to question the motion. Commissioner Noriega opposed because she was not in agreement with the item and believes it to be political. The City Manager stated that there is a legitimate political function of this body which is democratically elected and gives them the authority to make political decisions. The motion carried (4-1); Mayor Pro-Tem Cuellar was present, but not voting. Commissioner Noriega opposed. The motion carried (4-1); Mayor Pro-Tem Cuellar was present, but not voting.

II. APPOINTMENTS

A. Discussion and consideration to approve Resolution 2013-77 appointing one member to an unexpired term on the Ambulance Advisory Board. Possible action. (Commission accepted the resignation of Bertha Suarez October 15, 2013; There was no action on the appointment November 5, 2013. Requested by Fire Department.) Attachment. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve Resolution 2013-77 appointing Mr. Rick Hinojosa to an unexpired term on the Ambulance Advisory Board. Mayor Pro-Tem Cuellar established Mr. Hinojosa was present. Commissioner Noriega asked if Mr. Hinojosa had submitted a letter for consideration. City Manager clarified that the Resolution requires that the individual either attend the meeting or submit a letter. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. For the record, Resolution 2013-77 reads as follows:



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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 Rick Hinojosa is appointed to serve an unexpired term on the Ambulance Advisory Board and the term will begin on November 12, 2013 and expire on February 16, 2014. /s/ John F. Cuellar, MAYOR PRO-TEM ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

B. Discussion and consideration to remove two members from the Planning and Zoning Commission and approve Resolutions 2013-85 and 2013-86 appointing two members to those unexpired terms. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve Resolution 2013-85 appointing Mr. Rick Quintanilla to replace Mr. Martin Olivarez to an unexpired term on the Planning and Zoning Commission. Commissioner Noriega opposed. The motion carried (4-1); Mayor Pro-Tem Cuellar was present, but not voting. Commissioner Martinez, seconded by Commissioner Tafolla, moved to approve Resolution 2013-86 appointing Mr. Juan Gonzalez to replace Mr. Danny Reyna to an unexpired term on the Planning and Zoning Commission. Mayor Pro-Tem Cuellar established Mr. Gonzalez was present. In response to Commissioner Noriega, Mr. Underwood stated he had not requested this item be placed on the agenda. Commissioner Noriega asked why the two board members were being replaced if their terms were not set to expire at this time; the City Manager stated it was up to the will of the Commission. Commissioner Rivera, seconded by Commissioner Tafolla, called to question the motion. Commissioner Noriega opposed. The motion carried (4-1); Mayor Pro-Tem Cuellar was present, but not voting. Commissioner Noriega opposed. The motion carried (4-1); Mayor Pro-Tem Cuellar was present, but not voting. Mayor Pro-Tem Cuellar stated that Mr. Rick Quintanilla was in attendance. For the record, the Resolutions read as follows:


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

WHEREAS, the City of Weslaco created and established the Planning and Zoning Commission Board pursuant to Subsection 2-36 of Ordinance No. 291, as codified in the City of Weslaco Code of Ordinances. WHEREAS, the terms of the members of this board are for three years; and WHEREAS, the Planning and Zoning Commission Board members shall serve without compensation and unlimited terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Rick Quintanilla_ is appointed to serve an unexpired term of Martin Olivarez on the Planning and Zoning Commission Board and your term will commence this 12th day of November, 2013 and expire on the 7th day of December 2013. PASSED AND APPROVED on this 12th day of November, 2013.


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

WHEREAS, the City of Weslaco created and established the Planning and Zoning Commission Board pursuant to Subsection 2-36 of Ordinance No. 291, as codified in the City of Weslaco Code of Ordinances. WHEREAS, the terms of the members of this board are for three years; and WHEREAS, the Planning and Zoning Commission Board members shall serve without compensation and unlimited terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Juan Gonzalez is appointed to serve an unexpired term of Danny Reyna on the Planning and Zoning Commission Board and your term will commence this 12th day of November, 2013 and expire on the 1st day of July 2014. PASSED AND APPROVED on this 12th day of November, 2013. /s/ John F. Cuellar, MAYOR PRO-TEM ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

C. Discussion and consideration to approve Resolution 2013-92 confirming the appointment by the Mayor of one member to the City of Weslaco Housing Authority Board to a two-year term as authorized by §302.031 of the Texas Local Government Code. Possible action. (Requested by City Secretary’s Office.) Attachment. There was no action on this item.

D. Discussion and consideration to remove all Directors of the Economic Development


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Corporation of Weslaco and approve Resolution 2013-87, Resolution 2013-88, Resolution 2013-89, Resolution 2013-90, and Resolution 2013-91 to appoint members to terms as assigned which will take effect after the Secretary of State approves the Articles of Amendment to the Articles of Formation of the Economic Development Corporation of Weslaco. Possible action. (Requested by Economic Development Corporation of Weslaco.) Attachment. Commissioner Fox, seconded by Commissioner Tafolla, moved to approve Resolution 2013-87 appointing Mr. Rob Peterson, Resolution 2013-88 appointing Mr. Adrian Farias, Resolution 2013-89 appointing Commissioner Gerardo “Jerry” Tafolla, Resolution 2013-90 appointing Mayor Pro-Tem John F. Cuellar, and Resolution 2013-91 appointing Commissioner David R. Fox as member to the Directors of the Economic Development Corporation to terms as assigned which will take effect after the Secretary of State approves the Articles of Amendment to the Articles of Formation of the Economic Development Corporation of Weslaco. In response to Commissioner Noriega, the City Attorney responded that the newly appointed directors would not be allowed to meet or take action on any item until after they receive state approval. In response to Commissioner Noriega, the City Attorney responded that it is legally allowed for a corporation to appoint up to four (4) city councilmen and it does not need to be included in the amendment. The City Manager stated it was his recommendation that the board be made broad to allow as many people as possible to serve and by removing that amendment the Commission is no longer required to appoint a commissioner to the board. Commissioner Martinez, seconded by Commissioner Rivera, called to question the motion. Commissioner Noriega opposed. The motion carried (4-1); Mayor Pro-Tem Cuellar was present, but not voting. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. For the record, Resolutions read as follows:


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

WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Rob Peterson appointed to a term as a member of the Board of Directors of the Economic Development Corporation to be assigned. PASSED AND APPROVED on this 12th day of November, 2013.


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WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Adrian Farias appointed to a term as a member of the Board of Directors of the Economic Development Corporation to be assigned. PASSED AND APPROVED on this 12th day of November, 2013.



WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Commissioner Gerardo “Jerry” Tafolla appointed to a term as a member of the Board of Directors of the Economic Development Corporation to be assigned. PASSED AND APPROVED on this 12th day of November, 2013.



WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Mayor Pro-Tem John F. Cuellar appointed to a term as a member of the Board of Directors of the Economic Development Corporation to be assigned.


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PASSED AND APPROVED on this 12th day of November, 2013.



WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Commissioner David R. Fox appointed to a term as a member of the Board of Directors of the Economic Development Corporation to be assigned. PASSED AND APPROVED on this 12th day of November, 2013. /s/ John F. Cuellar, MAYOR PRO-TEM ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

III. NEW BUSINESS

B. Discussion and consideration to approve the Drainage Detention Easement and the contract for granting of Drainage Detention Easement with the Weslaco Independent School District and the City of Weslaco for a 5.62 acre tract of land out of Farm Tract 140 Block 162, West and Adams Tract Subdivision, Hidalgo County and authorize the Mayor to execute any related documents. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. The City Manager explained the City desires to make improvements to Sugarcane between Border and Westgate Drive. The street is currently in very poor condition and has and estimated project cost of $1.5 million, which includes construction and engineering services. This project originally was considered in 2007, when the City issued bonds, but it was unable to complete it at that time. The City is now in a financial situation where it can move forward with the improvements; however there are drainage requirements to be addressed. The City has been working with the Weslaco ISD and conditions have been proposed for acquiring the drainage easement; staff recommends approval. Commissioner Tafolla, seconded by Commissioner Martinez, moved to approve the item as presented. Commissioner Tafolla stated that the Commission has been working towards these improvements for a few years now and it has been through political obstacles.


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Commissioner Noriega called to question the motion. Commissioner Tafolla made a point of order stating only the Commissioner that made the motion could call to question the motion. Commissioner Tafolla expressed his gratitude that the project was finally moving forward. Commissioner Noriega agreed with Commissioner Tafolla stating that this project has faced many political obstacles, especially when Commissioner Quintanilla approached the City with this project and no one was willing to move on it then. Commissioner Tafolla, seconded by Commissioner Rivera, called to question the motion. Mayor Pro-Tem Cuellar declared the audience out of order and instructed Chief Kelley to “clear the room.” The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. Commissioner Noriega left the dais at 5:56 p.m. For the record, the City Attorney later opined this vote may be voidable and recommended action on this item at a later date.

C. Discussion and consideration to approve the interlocal agreement with Hidalgo County (Precinct 1) for street improvements, including design and construction, of Mile 9 North Road east of Mile 6 West/Westgate Drive in an amount not to exceed $750,000.00 as 50% of the total project cost, approve any necessary amendments to the professional services agreement with the engineer of record, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Requested by Planning & Code Enforcement Department.) The City Manager stated this interlocal agreement with County is for the street improvements on Sugarcane with a 50/50 cost share; staff recommends approval. Commissioner Tafolla, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. For the record, the City Attorney later opined this vote may be voidable and recommended action on this item at a later date.

D. Discussion and consideration to authorize an expenditure in an amount not to exceed $750,000.00 from the Certificates of Obligation, Series 2007 for street improvements on Mile 9 North Road/Sugarcane Drive, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Requested by Finance Department.)


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The City Manager stated funds from the original $28 million in bonds issued in 2007 are eligible for this street improvements project; staff recommends approval. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. For the record, the City Attorney later opined this vote may be voidable and recommended action on this item at a later date.

E. Discussion and consideration to approve various budget amendments to municipal departments for fiscal year ending September 30, 2013. Possible action. (Requested by Finance Department.) Attachment. The City Manager stated staff balanced the budget for all departments at the end of fiscal year 2013; staff recommends approval. Commissioner Martinez, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. For the record, the City Attorney later opined this vote may be voidable and recommended action on this item at a later date.

IV. PUBLIC COMMENTS There were no public comments received.

V. ADJOURNMENT With no other business before the Commission, at 6:01 p.m. Commissioner Rivera, seconded by Commissioner Tafolla, moved to adjourn the November 12, 2013 special meeting. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

CITY OF WESLACO

(absent) MAYOR, Miguel D. Wise ATTEST: CITY SECRETARY, Elizabeth M. Walker MAYOR PRO-TEM, J.F. “Johnny” Cuellar

COMMISSIONER, David R. Fox


November 19, 2013


COMMISSIONER, Olga M. Noriega COMMISSIONER, Gerardo “Jerry” Tafolla COMMISSIONER, Lupe Rivera COMMISSIONER, Joe A. Martinez


November 19, 2013


November 19, 2013

mvallejo

Typewritten Text

III. B.


November 19, 2013

Date of Meeting November 19, 2013

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

From: David Arce Parks Director Subject: H-E-B Feast of Sharing Discussion: Approval of the request from H-E-B to place banner promoting Feast of Sharing at intersection of Texas and Pike Boulevards and authorize the Mayor to execute any related documents as may be required by the Texas Department of Transportation. Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: n/a If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: n/a Advisory Review, if any (name of board/committee, date of action, recommendation): N/a Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, Letter of request , event flier, Policy for waiving facility usage fee Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Parks and Recreations Department.

Agenda Request Form


November 19, 2013

Date of Meeting November 19, 2013

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

From: David Arce, Parks Director Subject: Lease agreement of City Property to Amigos del Valle Inc. Discussion: Amigos del Valle Inc. has requested continued use of the Weslaco Service Center. Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: n/a If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: n/a Advisory Review, if any (name of board/committee, date of action, recommendation): n/a Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, Letter of request , event flier, Policy for waiving facility usage fee Exhibit “ A” , Letter of Request, lease agreement Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Parks and Recreations Department.

Agenda Request Form


November 19, 2013


November 19, 2013

STATE OF TEXAS § LEASE AGREEMENT BETWEEN THE § CITY OF WESLACO, TEXAS, AND COUNTY OF HIDALGO § AMIGOS DEL VALLE, INC. FOR LEASE § OF PROPERTY (WESLACO SERVICE CITY OF WESLACO § CENTER)

THIS LEASE AGREEMENT is made and executed on this _____ day of November, 2013, by and between the City of Weslaco, Texas, a home-ruled municipal corporation, located at 255 South Kansas, Weslaco, Hidalgo County, Texas 78596, hereinafter referred to as “Lessor,” and Amigos Del Valle. Inc., a corporation in the State of Texas, County of Hidalgo, with its principal office and place of business at 116 N. Conway, Mission, Texas, 78572. hereinafter referred to as “Lessee.”

WITNESSETH:

ARTICLE I

Property

1.01 Lessor promises, in return for the services to be performed by Lessee and the covenants set out herein to be kept by Lessee, to hereby lease, unto the Lessee, the following property and premises, to wit: Weslaco Service Center, 1200 East Sixth Street, Weslaco Hidalgo County, Texas 78596.

ARTICLE II TERM

2.01 The term of this Lease shall be a term of twelve (12) months beginning on the 1st day of October, 2013. 2.02 Lessee shall accept possession of the Weslaco Service Center and equipment in its present condition. 2.03 Both parties shall have the right to terminate this lease, without cause, upon written notice given to the other party no less than sixty (60) days prior to termination. 2.04 If condition arise to warrant such, both parties may mutually agree to renegotiate this contract prior to the termination date, provided written notice of intent to renegotiate is given to the other party at least sixty (60) days prior to termination date.


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ARTICLE III USE OF PROPERTY AND PREMISES

3.01 Lessee shall use the property and premises herein described for Lessee’s purpose only and specifically for nutrition services to the elderly. Lessee shall not use the property and premises for other purposes without the written consent of the Lessor. 3.02 Lessor shall make available the Weslaco Service Center to Lessee from 8:00 am to 2:00 p.m., Monday through Friday. 3.03 Lessor shall have use of said property and premises from 2:01 p.m. to 7:59 a.m., Monday through Friday and all day on Saturday and Sunday. Lessor agrees to maintain the interior of the building clean after the use by general public or City of Weslaco from 2:01 p.m. to 7:59 a.m., Monday through Friday and including Saturday and Sunday. Lessor agrees that it shall indemnify and hold Lessee harmless of any liability for any accident, injury, or other legal cause of action based upon any claim which occurs on the leased premises, caused by Lessor, its agents or employees, or any activity sponsored or conducted by Lessor when Lessor has possession of the property and premises. 3.04 Lessee shall be allowed to hold their weekly dances on the 1st and 3~ Tuesday of every month from 1:30 p.m. to 4:30 p.m. for the exception of September, October and November, the agency will be allowed two additional dances (Casa de Amigos No. 5 will be allowed three of the additional dances) for the King and Queen Coronation fundraising purposes. The LESSEE will also be allowed to use the Weslaco Service Center two evenings per year (Monday through Thursday) from 7:00 p.m. to 12:00 a.m. for their annual King and Queen Coronation Dance and Open House, for a total of thirty-two dances during the year 2013- 2014.

ARTICLE IV

IMPROVEMENT TO PROPERTY 4.01 Lessee may not make any minor alteration, paint interior or exterior of said building, nor erect signs on property or structure without specific prior written consent of the Lessor.

ARTICLE V INSURANCE

5.01 Lessor shall insure the building and equipment covered by this lease against fire, accident, or natural disaster. In the event that the building, equipment, or any part hereof shall during said term of this lease agreement be destroyed or damaged by fire, accident, or natural disaster, so that the same rendered unfit for use and habitation then if economically feasible to Lessor, Lessor shall make an effort to restore the damaged premises to a habitable condition for use and habitation by Lessee. If economically unfeasible to the Lessor, this contract shall be mutually terminated.

5.02 Lessee agrees that it shall at all times, indemnify and hold Lessor harmless of and liability for any accident, injury, or other legal cause of action based upon any claim which


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occurs on the leased premises, caused by Lessee, its agents or employees, or any activity sponsored or conducted by Lessee. In order to demonstrate this responsibility, Lessee will furnish Lessor with evidence of valid comprehensive general liability insurance coverage in the amount of $ 1,000,000.000 (One Million Dollars) for each occurrence for personal injury and property damages related to or resulting from individuals who may incur accident on the property described in this agreement. Lessee further agrees that Lessor shall not become obligated to pay any damages to any third party because of any accident or other loss caused by the Lessee, any of its agents, employees, or activities. Lessee will reimburse Lessor the amount of Lessor’s actual payments in damages and expenses, including legal and attorney’s fees related to incidents thereto. Lessee agrees to provide a copy of such policy of insurance to Lessor at time of signing this Lease agreement. Lessee must name Lessor as an additional Insured. Lessee agrees that if Lessee’s general liability insurance does not pay, Lessee will be financially responsible for any and all damages.

ARTICLE VI UTILITIES

6.01 Lessor shall pay the charges for water, sewer, and garbage/trash pick-up service. Lessor shall pay for electricity associated with illumination of the building and grounds. It is agreed and understood that all utilities currently installed and/or connected to the leased building prior to the date Lessee takes possession shall be paid by Lessor. All utilities installed or connected after Lessee takes possession of the leased building for the terms of this contract shall be paid by Lessee.

ARTICLE VII MAINTENANCE OF PREMISES

7.01 Lessee agrees to provide janitorial supplies and services to maintain the interior of the Weslaco Service Center and to maintain all equipment in condition suitable for the use for which this lease is intended. Lessee’s responsibilities shall include, but are not limited to, floors swept daily, and restroom and kitchen cleaned daily. Lessor agrees to maintain roof, external building structure, plumbing, air-condition, heating and grounds surrounding the building in a condition suitable for use for which this lease is intended. If Lessee does not provide daily clean up to the floors, restrooms, and kitchen. Lessor shall notify Lessee of such non-compliance. If Lessee fails or refuses to comply with this provision, and such non-compliance continues to occur Lessor may, at its option terminate this Lease Agreement by providing Lessee 30 days notice.

ARTICLE VIII SUBLEASING

8.01 Lessee agrees and understands that it shall not sublet or assign the Weslaco Service Center or assign this lease agreement, or any part thereof, to a third party without prior written consent of Lessor.


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ARTICLE IX MISCELLANEOUS PROVISIONS

9.01 This agreement shall be binding upon and inure to the benefit of parties and their respective successors. 9.02 Lessor shall have the right, at all reasonable times, to make any and all repairs and/or inspections to the Weslaco Service Center. 9.03 Notices to Lessor and Lessee shall be to the following address:

Lessor Lessee City Manager Executive Director City of Weslaco Amigos Del Valle 255 South Kansas 1116 N. Conway Weslaco, Texas 78596 Mission, Texas 78572

9.04 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.

9.05 In case of any one or more of the provisions contained in this agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall render this agreement null and void.

9.06 The Executive Director of Amigos Del Valle, Inc. is authorized by the Board of Directors to execute this agreement on behalf of Amigos Del Valle, Inc.

IN WITNESS THEREOF, the parties hereto have caused this instrument to be executed by their duly authorized officers and their corporate seals affixed hereto on the date first appearing above.

CITY OF WESLACO

__________________________________ Miguel D. Wise, MAYOR ATTEST: _____________________________________ Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM: AMIGOS DEL VALLE __________________________________ _________________________________ Ramon Vela, CITY ATTORNEY Jose Garza, EXECTIVE DIRECTOR


November 19, 2013

DRAINAGE DETENTION EASEMENT Date: November _____, 2013 Grantor: The Weslaco Independent School District acting through its Superintendent, as authorizes by its Board of Trustees Grantor’s Mailing Address: 319 W. 4th Street Weslaco, Texas 78596 Hidalgo County Grantee: CITY OF WESLACO, TEXAS, a home-ruled municipal corporation Grantee’s Mailing Address: 255 S. Kansas Avenue Weslaco, Texas 78596 Hidalgo County Consideration: TEN AND NO/100THS DOLLARS ($10.00), and other valuable

consideration, the receipt of which is hereby acknowledged, and the further consideration of the benefits to be derived on account of the construction and maintenance of drainage detention improvements on the property.

Property: BEING A DRAINAGE DETENTION EASEMENT, CONTAINING 5.62

AC OUT OF FARM TRACT 140, BLOCK 162, OF THE WEST AND ADAMS TRACT SUBDIVISION, HIDALGO COUNTY, TEXAS AND HEREBY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, AT A POINT BEING THE INTERSECTION OF MILE 9 NORTH (SUGARCANE RD.) AND MILE 6 WEST RD. ALSO BEING THE NORTHWEST CORNER OF FARM TRACT 140 TRAVELING EAST ALONG THE NORTH LINE OF FARM TRACT 140 FOR A DISTANCE OF 1074.75 FT TO A POINT ALONG THE NORTH LINE OF FARM TRACT 140. THENCE, SOUTH FOR A DISTANCE OF 40.00 FT TO A POINT BEING THE SOUTH RIGHT OF WAY OF MILE 9 NORTH (SUGARCANE RD.) ALSO BEING THE POINT OF BEGINNING; THENCE, EAST ALONG THE SOUTH RIGHT OF WAY LINE OF MILE 9 NORTH (SUGARCANE RD.) FOR A DISTANCE OF 200.00 FT TO A POINT ALONG THE SOUTH RIGHT OF WAY FOR AN INSIDE CORNER OF THE DRAINAGE DETENTION EASEMENT.


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THENCE, SOUTH AND PARALLEL TO THE WEST LINE OF FARM TRACT 129 FOR A DISTANCE OF 1225.75 FT TO THE NORTH RIGHT OF WAY LINE OF DRAIN DITCH DEDICATED TO HIDALGO AND CAMERON COUNTY IRRIGATION DISTRICT No. 9 BY PANTHER SUBDIVISION PLAT, VOLUME 32, PAGE 140 H.C.M.R. FOR AN INSIDE CORNER OF THE DRAINAGE DETENTION EASEMENT. THENCE, WEST ALONG THE RIGHT OF WAY OF SAID EXISTING DRAINAGE DITCH FOR A DISTANCE OF 200 FT. FOR AN INSIDE CORNER OF THE DRAINAGE DETENTION EASEMENT. THENCE, NORTH AND PARALLEL TO THE EAST PROPERTY LINE OF LOT 1 OUT OF FARM TRACT 140 FOR A DISTANCE OF 1225.75 FT. TO THE POINT OF BEGINNING AND CONTAINING WITHIN THESE METES AND BOUNDS 5.62 ACRES MORE OR LESS. (See Exhibit “A” Survey Sketch)

Additional Conditions:

Automatic Expiration

The rights under this Drainage Detention Easement conveyed to Grantee shall, without the necessity of any further action by Grantor, automatically expire by the express terms set forth herein Road east of unless Grantee commences construction on street improvements to Sugarcane Road immediately east of its intersection with Mile 9 North Road in Weslaco Texas on or before January1, 2015.

Restriction on Depth of Detention Pond

The rights conveyed hereunder are for the sole purpose of construction of a drainage water detention pond with an average depth of not more than twelve (12) inches.

Grantor will retain the right to use the property as a recreation area for its students when Grantee is not using the Detention Drainage Easement. This easement, together with the other provision of this grant shall constitute a covenant running with the land for the benefit of Grantee, its successors and assigns. Grantor covenants that he is owner of the above-described lands. Grantor specifically agrees that no building or structure of any kind will hereafter be erected or placed by the Grantor, its successors and assigns, on said Detention Drainage Easement hereinabove described, except by written approval of Grantee, its successors or assigns.


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TO HAVE AND TO HOLD the above described Detention Drainage Easement and rights contained herein unto the CITY OF WESLACO, TEXAS, its successors and assigns, and Grantor does hereby bind the Weslaco Independent School District its successors and assigns, heirs and legal representatives against every person whomsoever lawfully claiming or to claim the same or any part thereof. When the context requires, singular nouns and pronouns include the plural.

WESLACO INDEPENDENT SCHOOL DISTRICT

__________________________________________ Dr. Ruben Alejandro, Superintendent


November 19, 2013

STATE OF TEXAS § § Acknowledgment COUNTY OF HIDALGO § This instrument was acknowledged before me on the ___ day of __________, ______, by Dr. Ruben Alejandro, Superintendent of the Weslaco Independent School District on behalf of said School District. ___________________________________ NOTARY, PUBLIC, STATE OF TEXAS ACCEPTED STATE OF TEXAS § § Acknowledgment COUNTY OF HIDALGO § THE CITY OF WESLACO ________________________ David Suarez, Mayor ATTEST: ______________________________ Elizabeth M. Walker, City Secretary

APPROVED AS TO FORM:

_______________________________ Ramon Vela, City Attorney

AFTER RECORDING, PLEASE RETURN TO: Elizabeth M. Walker City of Weslaco 255 S. Kansas Ave. Weslaco, Texas 78596


November 19, 2013

Contract for Granting Drainage Detention Easement Between Weslaco ISD & City of Weslaco, Texas October 2013 Page 1

Contract for Granting of Drainage Detention Easement

This Contract for Drainage Detention Easement (“Contract”), is made and entered into on the ___ day of _____________, 2013 (“Effective Date”), by and between Weslaco Independent School District, a Texas Independent School District (“District”) acting by and through its Superintendent, as directed by its Board of Trustees, located at 319 West 4th Street, Weslaco, Hidalgo County Texas 78596, hereinafter referred to as “District,” and the City of Weslaco, a Home-Rule Municipal Corporation of the State of Texas, hereby acting through its duly authorized Mayor, located at 255 South Kansas Avenue, Weslaco, Texas 78596 hereinafter referred to as "City.”

RECITALS

WHEREAS, the City is in the process of, inter alia, designing street improvements on a section of Mile 9 North Road, otherwise known of Sugarcane Road, and a street section east of Sugarcane Road’s intersection with Mile 6 West Road, all within the City of Weslaco, Texas; and,

WHEREAS, the section of Mile 9 North Road, otherwise known of Sugarcane Road, east

of Sugarcane Road’s intersection with Mile 6 West Road borders two school buildings owned by Weslaco ISD, to wit: Clecker Heald Elementary School and Beatriz G. Garza Intermediate School; and,

WHEREAS, the street improvements contemplated by the City will improve public

access to the District’s facilities; and, WHEREAS, the creation of a detention pond capable of retaining not more than 5.62 acre

feet of water at full capacity on the District’s property adjacent to the District’s schools will significantly reduce the City’s costs of making the road improvements and therefore make the City’s completion of the street improvements more likely; and,

WHEREAS, the District has sufficient available land adjacent to Clecker Heald

Elementary School and Beatriz G. Garza Intermediate School upon which a detention pond could be constructed; and,

WHEREAS, the District’s land adjacent to Clecker Heald Elementary School and Beatriz G. Garza Intermediate School upon which a detention pond could be constructed is currently being used for the purpose of irrigated athletic fields and/or play areas; and,

WHEREAS, at a duly posted public meeting held on October 8, 2013, the Board of Trustees of the Weslaco Independent School District authorized the Superintendent to execute this Contract ant the attached Drainage Detention Easement (Exhibit 1).


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NOW THEREFORE, subject to the terms, provisions and conditions of this Contract and each in consideration of the duties, covenants and obligations of the other hereunder, the District will enter into the Drainage Detention Easement in favor of the City of Weslaco, Texas. 1. Consideration for Drainage Detention Easement The Parties hereto agree that the undertaking of the obligations contained in this Contract serve as the consideration being offered by the City to the District for its execution of the Drainage Detention Easement of even date (Exhibit 1) in favor of the City. The Parties further agree that the failure of the City to meet its obligations hereunder will constitute a failure of consideration, authorizing the cancellation of the attached Drainage Detention Easement (Exhibit 1) by the District.

2. Term of this Contract

The undertaking of the City contained hereunder shall run contemporaneously with the attached Drainage Detention Easement (Exhibit 1). That is, the City’s obligations hereunder shall remain in effect so long as the Drainage Detention Easement (Exhibit 1) remains in effect.

3. Delivery of the Premises

City hereby accepts the premises described in the attached Drainage Detention Easement

(“Exhibit 1) from the District on an "AS IS", "WHERE IS" basis with all faults. 4. Construction of Detention Pond It is understood and agreed by the parties that the land (“Land”) being conveyed via the attached Drainage Detention Easement (Exhibit 1) is for the purposes of creating a water detention pond capable of holding not more than 5.62 acre feet of water. The detention pond must have the following characteristics.

a. The detention pond may have an average depth of no more than twelve (12) inches below the adjacent District land upon which it is built. b. All sides or banks of the detention pond shall be gently sloped upward to the pre-existing ground levels to alleviate the dangers of students tripping or falling over abrupt drop offs. c. As a part of the process of construction the detention pond, the city shall sod or seed the entire area of the detention pond. The seed of the grass installed shall be comparable to the seed of the adjacent land owned by the District. Once installed to the District’s satisfaction, the District shall mow and maintain the grass area.


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4. Performance of the Detention Pond In the event that during the operation of the detention pond, the pond exceeds its storage

capacity, the City agrees to either restrict inflow into the detention pond or increase outflow from the pond in order to ensure that the pond does not exceed its storage capacity in a flood event, other than for a storm event exceeding a fifty (50) year flood event.

5. Substitution of Acreage

In the event that, after the detention pond authorized by this Contract has been created, if the District determines, in its sole discretion, that it has need of portions of the land conveyed by the attached Drainage Easement (Exhibit 1) for the construction of additional improvements upon the land described in the attached Drainage Detention Easement (Exhibit 1), the District Grantor may substitute reasonably adjacent property capable of the holding 5.62 acre feet of water in lieu of the acreage conveyed in the attached Drainage Detention Easement (Exhibit 1).

6. Indemnity

CITY SHALL INDEMNIFY, DEFEND, PROTECT AND SAVE, AND HOLD HARMLESS THE DISTRICT, FROM AND AGAINST, AND SHALL REIMBURSE SUCH PARTIES FOR ALL LIABILITIES, OBLIGATIONS, LOSSES, CLAIMS, DAMAGES, FINES, PENALTIES, COSTS, CHARGES, JUDGMENTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND EXPENSES WHICH MAY BE IMPOSED UPON OR INCURRED OR PAID BY OR ASSERTED AGAINST THE DISTRICT BY REASON OF THE CITY’S OPERATION OF THE DETENTION POND CONSTRUCTED ON THE DRAINAGE DETENTION EASEMENT (Exhibit 1).

7. Default

The failure of City to comply with or to observe any other terms, provisions or conditions of this Contract performable by City, where such failure continues after District gives City thirty (30) days written notice, shall constitute an event of default pursuant to the terms of this Contract.

Upon the occurrence of any event of default, District shall have the right to pursue and enforce any and all rights and remedies available to District hereunder or at law or equity, including, without limitation, the following:

a. Terminate this Contract, in which event, City shall remove all Improvements and other personal property on the Land and return the Land to a dressed dirt condition or as otherwise required by District within ninety (90) days after termination, and if City fails to timely do so, City will be deemed to have abandoned the Improvements and


November 19, 2013


other property, and at District’s option, District may remove the Improvements and otherwise return the Land to its original condition. City agrees to pay District on demand the amount of all loss and damage which District may suffer by reason of such termination, plus late fees and finance charges at the Default Rate from the date due until paid, including, but not limited to the cost of removing the Improvements and other property and otherwise returning the Land to its original condition; or

b. Enter upon the Land without terminating this Contract and without being liable to prosecution or for any claim of damages, and do whatever City is obligated to do under the terms of this Contract or otherwise cure any default by removal (including removal of the Improvements), repair or replacement, and City agrees to reimburse District on demand for any expenses which District may incur in effecting compliance with City's obligations hereunder. c. Pursuit by District of any of the remedies provided for in this Section shall not preclude District’s pursuit of any of the other remedies herein provided or any other remedies provided by law or equity, nor shall pursuit by District of any remedy herein provided constitute a forfeiture or waiver of any damages accruing to District by reason of the violation of any of the terms, provisions and covenants herein contained.

8. Notices Unless otherwise expressly provided in this Contract, all notices required or permitted hereunder shall be in writing and deemed sufficiently given for all purposes hereof if (i) delivered in person, by courier (e.g., by Federal Express) or by registered or certified United States Mail to the Party to be notified, with receipt obtained, or (ii) sent by facsimile transmission, with “answer back” or other “advice of receipt” obtained, in each case to the appropriate address or number as set forth below. Each notice shall be deemed effective on receipt by the addressee as aforesaid; provided that, notice received by facsimile transmission after 5:00 p.m. at the location of the addressee of such notice shall be deemed received on the first business day following the date of such electronic receipt.

Notices to the District shall be addressed to the District’s Authorized Representative as follows:

Superintendent WESLACO INDEPENDENT SCHOOL DISTRICT 319 West 4"' Street, Weslaco, Texas 78596 or at such other address or to such other facsimile transmission number and to the attention of such other person as the District may designate by written notice to the City.


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Notices to the City shall be addressed to:

City Manager CITY OF WESLACO, TEXAS 255 South Kansas Avenue, Weslaco, Texas 78596 or at such other address or to such other facsimile transmission number and to the attention of such other person as the Applicant may designate by written notice to the District.

9. Effective Date of Contract

This Contract shall be and become effective on the date of final approval of this Contract by the District’s Superintendent.

10. Merger

This Contract, together with the Drainage Detention Easement attached as Exhibit 1, contain all of the terms and conditions of the understanding of the Parties relating to the subject matter hereof. All prior negotiations, discussions, correspondence, and preliminary understandings between the Parties and others relating hereto are superseded by this Contract.

11. Governing Law

This Contract and the transactions contemplated hereby shall be governed by and interpreted in accordance with the laws of the State of Texas without giving effect to principles thereof relating to conflicts of law or rules that would direct the application of the laws of another jurisdiction. Venue in any legal proceeding shall be in Hidalgo County, Texas.

12. Authority to Execute Contract

Each of the Parties represents and warrants that its undersigned representative has been expressly authorized to execute this Agreement for and on behalf of such Party.

13. Severability

If any term, provision or condition of this Contract, or any application thereof, is held invalid, illegal or unenforceable in any respect, this Contract shall be reformed to the extent necessary to conform, in each case consistent with the intention of the Parties, to the extent such term, provision or condition cannot be so reformed, then such term, provision or condition (or such invalid, illegal or unenforceable application thereof) shall be deemed deleted from (or prohibited under) this Contract, as the case may be, and the validity, legality and enforceability of the remaining terms, provisions and conditions contained herein (and any other application


November 19, 2013


such term, provision or condition) shall not in any way be affected or impaired thereby. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the Parties hereto shall negotiate in good faith to modify this Contract in an acceptable manner so as to effect the original intent of the Parties as closely as possible to the end that the transactions contemplated hereby are fulfilled to the extent possible.

12.8 Interpretation

When a reference is made in this Contract to a Section, Article or Exhibit, such reference shall be to a Section or Article of, or Exhibit to, this Contract unless otherwise indicated. The headings contained in this Contract are for reference purposes only and shall not affect in any way the meaning or interpretation of this Contract. The words “include,” “includes” and “including” when used in this Contract shall be deemed in such case to be followed by the phrase “but not limited to” words used in this Contract, regardless of the number or gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context shall require. This Contract is the joint product of the Parties and each provision of this Contract has been subject to the mutual consultation, negotiation and agreement of each Party and shall not be construed for or against any Party.

12.9 Execution of Counterparts This Contract may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, taken together, shall constitute but one and the same instrument, which may be sufficiently evidenced by one counterpart.

[SIGNATURES ON FOLLOWING PAGE]


November 19, 2013


IN WITNESS WHEREOF, this Contract has been executed by the Parties in multiple originals on this ___ day of_______ 2013.

WESLACO INDEPENDENT SCHOOL DISTRICT

By: DR. RUBEN ALEJANDRO SUPERINTENDENT STATE OF TEXAS )(

COUNTY OF HIDALGO )(

This instrument was acknowledged before me on the ___ day of _________, 2013 by Dr. Ruben Alejandro, Superintendent of the Weslaco Independent School District.

______________________________ Notary Public Printed Name: ______________________ My Commission Expires:

CITY OF WESLACO TEXAS

By: DAVID SUAREZ Mayor

This instrument was acknowledged before me on the ___ day of _________, 2013 by ________________________, __________________ of the City of Weslaco, Texas.

______________________________ Notary Public Printed Name: ______________________ My Commission Expires:


November 19, 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 , 2013, 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, Mile 9 from Mile 6 West to Mile 5 ½ West 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 o n a n e q u a l b a s i s a t

5 0 % e a c h for e n g i n e e r i n g a n d construction of Mile 9 North Road from


November 19, 2013

Mile 6 West to Mile 5 ½ West 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 fo 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 on an equal basis at 50% each.

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.

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


November 19, 2013

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.

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


November 19, 2013

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.


November 19, 2013

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

written above. THE CITY OF WESLACO

ATTEST:

Miguel D . Wise, 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


November 19, 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 Mile 9 from Mile 6 West to Mile 5 ½ West through an lnterlocal Cooperation Agreement to be entered into with the City of Weslaco, Texas, and Hidalgo County.

By vote on 2013, 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


November 19, 2013

OFFICIAL STATEMENT Dated August 21, 2007

Ratings: Moody's: "Aaa" S&P: "AAA" MBIA Insured (See "Bond Insurance" and "Other NEW ISSUE - Book-Entry-Only Information - Ratings" herein) In the opinion of Bond Counsel, interest on the Certificates is excludable from gross income for federal income tax purposes under existing law and the Certificates are not private activity bonds. See "Tax Exemption" herein for a discussion of the opinion of Bond Counsel, including a description of alternative minimum tax consequences for corporations.

THE CERTIFICATES WILL NOT BE DESIGNATED AS "QUALIFIED TAX-EXEMPT OBLIGATIONS" FOR FINANCIAL INSTITUTIONS

$28,175,000

CITY OF WESLACO, TEXAS (Hidalgo County)

TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2007

Dated Date: August 15, 2007 Due: February 15, as shown on inside cover PAYMENT TERMS . . . Interest on the $28,175,000 City of Weslaco, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 2007 (the "Certificates") will accrue from August 15, 2007 (the "Dated Date"), will be payable August 15 and February 15 of each year commencing February 15, 2008, and will be calculated on the basis of a 360-day year consisting of twelve 30-day months. The definitive Certificates will be initially registered and delivered only to Cede & Co., the nominee of The Depository Trust Company, New York, New York ("DTC"), pursuant to the Book-Entry-Only System described herein. Beneficial ownership of the Certificates may be acquired in denominations of $5,000 or integral multiples thereof. No physical delivery of the Certificates will be made to the owners thereof. Principal of and interest on the Certificates will be payable by the Paying Agent/Registrar to Cede & Co., which will make distribution of the amounts so paid to the participating members of DTC for subsequent payment to the beneficial owners of the Certificates. See "The Certificates - Book-Entry-Only System" herein. The initial Paying Agent/Registrar is Regions Bank, Houston, Texas (see "The Certificates - Paying Agent/Registrar"). AUTHORITY FOR ISSUANCE . . . The Certificates are issued pursuant to the Constitution and general laws of the State of Texas, (the "State") particularly Vernon’s Texas Codes Annotated (V.T.C.A.), Local Government Code, Subchapter C of Chapter 271, (the Certificate of Obligation Act of 1971), as amended, and constitute direct obligations of the City of Weslaco, Texas (the "City"), payable from a combination of (i) the levy and collection of a direct and continuing annual ad valorem tax, within the limits prescribed by law, on not to exceed $1,000, taxable property within the City, and (ii) a pledge of surplus net revenues of the City’s Waterworks and Sewer System, as provided in the ordinance authorizing the Certificates (the "Ordinance") (see "The Certificates - Authority for Issuance"). PURPOSE . . . Proceeds from the sale of the Certificates will be used to acquire land and make improvements thereon for City purposes, to acquire equipment and motor vehicles, to undertake street improvements, to undertake water and sewer system improvements, and to pay the costs of issuance associated with the Certificates.

CUSIP PREFIX: 950868 MATURITY SCHEDULE & 9 DIGIT CUSIP

See Schedule on Page 2 LEGALITY . . . The Certificates are offered for delivery when, as and if issued and received by the Initial Purchaser and subject to the approving opinion of the Attorney General of Texas and the opinion of Montalvo & Ramirez, Bond Counsel, McAllen, Texas (see Appendix C, "Form of Bond Counsel's Opinion"). Certain legal matters will be passed upon for the Underwriter by The Perez Law Firm, PLLC, McAllen, Texas, Counsel for the Underwriter. DELIVERY . . . It is expected that the Certificates will be available for delivery through DTC on September 18, 2007.

ESTRADA HINOJOSA & COMPANY, INC.

Payment of the principal of and interest on the Certificates when due will be insured by a financial guaranty insurance policy to be issued by MBIA Insurance Corporation simultaneously with the delivery of the Certificates.


November 19, 2013

Date of Meeting: 11/19/13

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

From (name, title, department and who submitting on behalf of, if any): Bret L. Mann, Finance Director, Finance Department Subject: Approval of Budget Amendments for various departments. Discussion: To approve budget amendments for various departments. Fiscal Note: Amount: $ N/A 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



November 19, 2013


November 19, 2013

Date of Meeting: 11-19-2013

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

From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, Planning and Code Enforcement Subject: Authorize the City Manager to issue a building permit prior to the recordation of the subdivision plat for IDEA Academy to be located at 1200 E. Pike Boulevard. Discussion: The City’s Subdivision Ordinance requires that a final subdivision plat be recorded prior to issuing a building permit for the property. IDEA Academy is requesting the City waive that requirement and authorize the City Manager to issue a building permit in order to allow construction on a new school to commence concurrent with the subdivision improvements. 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: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Authorize the City Manager to issue a building permit for construction of an IDEA Academy School at 1200 E. Pike Boulevard and withhold a Certificate of Occupancy until all building and subdivision improvements are complete and meet City standards. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Request from IDEA Academy Responsibilities upon Approval:



November 19, 2013


November 19, 2013


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

From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director on behalf of IDEA Public School. Subject: Discussion and consideration of the Final Plat of IDEA Public Schools Subdivision – being 17.54 acres of land out of Farm tract 43, West and Adams Tracts Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The proposed one (1) lot subdivision is within the City of Weslaco and is located south of Pike Blvd. between Dolores Huerta Ave. and Utah Ave. This subdivision will be serviced with water and sewer by the City of Weslaco. Water service will be provided by tying into an 8” line on Pike Blvd., looping an 8” line around the perimeter of the property to a 6” water line on the west side of Dolores Huerta Avenue. Sanitary sewer service will be provided by extending an 8” line from Utah Avenue. The property is within a Flood Zone “B” and some areas within a Flood Zone “AH”. Stormwater runoff for the property will be mitigated on-site with an outfall to the existing City of Weslaco drainage ditch located south of the site. A Traffic Impact Analysis of the site was required and has been submitted to the Planning Department for review. Sidewalks shall be provided along all adjacent roadways and shall be installed at the time of building construction. Street lighting shall be installed as per City Ordinance. 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): Planning & Zoning Commission recommendation will be given at the City Commission meeting. Recommendation for Commission Action: Staff recommends approval of the final plat. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Subdivision Platting, Engineering, Public Facilities, Fire Marshal’s comments, Drainage Report, Traffic Impact Analysis Report. Responsibilities upon Approval: Planning staff will advise applicant.



November 19, 2013


November 19, 2013


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

From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director on behalf of JAZMAN RGV Group.

Subject: Discussion and consideration of the Final Plat of the Re-Subdivision of Lots C4-C10, Cotton Estates Central Subdivision – being 8.2 acres and being all of Lots C4-C10, Cotton Estates Central, Weslaco, Hidalgo County, Texas. Discussion: The proposed one (1) lot subdivision is within the City of Weslaco and is located on the east side of Mile 6 West (Westgate Drive), approximately 700 feet south of Mile 10 North Road. This subdivision will be serviced with water by North Alamo Water Supply Corporation and sewer by the City of Weslaco. Water service will be addressed by tying into an existing 8” waterline on the eastside of the subdivision. Sanitary sewer service will be provided by extending service lines from an existing 10” line located on the east side of the property. The property is within a Flood Zone “X”. Storm water runoff will be mitigated on-site through the use of a detention pond and swales. The on-site system will connect to the Cotton Estates Central drainage system. Zoning for the proposed subdivision is commercial. Funds for the construction of a 5’ wide sidewalk shall be escrowed due to the pending widening of Westgate Drive between Mile 9 North and Mile 11 North. 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): Planning & Zoning Commission recommendation will be given at the City Commission meeting. Recommendation for Commission Action: Staff recommends approval of the final plat. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Subdivision Platting, Engineering, Public Facilities, Fire Marshal’s comments, Drainage Report, Subdivision Plat and Utility Layout. Responsibilities upon Approval: Planning staff will advise applicant.



November 19, 2013


November 19, 2013

Date of Meeting: 11/19/13

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

From (name, title, department and who submitting on behalf of, if any): Bret L. Mann, Finance Director, Finance Department Subject: To provide a one-time $1,000.00 cost of living adjustment for all current, nonunion, full-time employees who have been employed with the City of Weslaco for two or more years as of 10.01.13. Discussion: Discussion and consideration to provide a one-time $1,000.00 cost of living adjustment for all current, nonunion, full-time employees who have been employed with the City of Weslaco for two or more years as of 10.01.13. Fiscal Note: Amount: $125,000 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”): Responsibilities upon Approval: Finance Department



November 19, 2013

Date of Meeting: November 19, 2013 Agenda Item No. (to be assigned by CSO):

V. F. From (name, title, department and who submitting on behalf of, if any): Michael Kelley, Chief of Police, Weslaco Police Department Subject: Discussion and consideration for approval to purchase a 2013/2014 Chevy Tahoe in order to replace vehicle which was totaled (Unit 684). The purchase will not exceed $30,000 which will be purchased through BuyBoard (State approved contract). Discussion: To authorize the Police Chief, to purchase a replacement vehicle for (Unit 684) which was considered a total loss for the department. The Weslaco Police Department will purchase the vehicle through a state approved contract which allows for the lowest possible pricing. The total cost of the new vehicle will not exceed $30,000.00 Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [X] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: NA Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Staff recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Responsibilities upon Approval: NA



November 19, 2013

City of Weslaco “The City on the Grow”

Miguel D. Wise, Mayor John F. Cuellar, Mayor Pro-Tem, District 2

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

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

Joe A. Martinez, Commissioner, District 6

Leonardo Olivares, City Manager

City Manager’s and Department Directors’ Report 19 November 2013 Departmental Update • Airport: George Garrett

o No Report.

• City Secretary’s Office: Elizabeth Walker o The City Secretary’s Office will present 432 boxes of records to the retention

committee as eligible for destruction, maintaining momentum to carefully index significant documents.

o Following the election November 5, the canvass is expected November 18 and the installation of new officers November 19.

o The City Secretary’s Office continues to support the Planning Department in researching archives, on and off-site, relevant to the proposed annexation.

• Finance Department: Bret Mann o Prepared information for the 2012-13 audit. o Prepared 2014 sick leave buyback documents. o Worked on the 2012-13 financial information ending adjustments and amendments. o Submitted application to be a host Government Finance Officers Association Exam

site.

• Fire Department: Chief Santiago Cuellar o Please see attachment on the presentations that the Weslaco fire Department will be

participating on. We will be doing these with on shift personnel and fire prevention personnel.

• Homeland Security Department: George Garrett o Tower Construction will begin on November 13, 2013 for tower for Mid Valley

Regional Communications Center. o Working Group has received presentations from Tyler on Computer Assisted

Dispatch System (CAD) for Regional Communications Corp. o Lower Rio Grande Valley Development Council should provide plans for server

room in Public Facilities building the week of November 18, 2013.

• Information Technology Department: E. Rey Garcia o Upcoming IT Projects & Purchases for the City:


November 19, 2013

“The City on the Grow”

15 new thin client computers, with 22 inch monitors, keyboards and mouse for City employees (Quotes received).

Microsoft Office 2013 for ALL City employees. Network Switches–Improve security and connectivity between

departments, allows us to do power over the Internet (VOIP) Voice Over IP. This will bring the City to an Enterprise Level.

Cemetery Module for our Weslaco Parks Department - Module by Tyler Technologies, Inc.

IT continues to work with the Utilities Department as they setup new computer equipment for the Water Plant and the new hires.

Assist the Mayor Joe V. Sanchez Public Library with upcoming technology purchases.

o Note that some of these items may probably require City Commission approval and may need to go out for bids. I will keep everyone posted.

• Library Department: Arnold Becho o Library Card registration is up 500% due to a change in computer use procedure in

part suggested by Commissioner Tafolla. We now ask customers to use their library cards to login to computers.

o Visits have also gone up following the Wall Renovation project. We have seen up to a 50% increase in visits on some days.

o Former Mayor Joe V. Sanchez will be making a presentation titled “La Malinche” Saturday Nov. 2, at 2 p.m. within the Braught Theatre.

• Municipal Court: Rosa Huerta o No Report.

• Parks/Recreation: David Arce

o Feast of Sharing will be held at St. Joan of Arc Parish on December 14, 2013. o New infield rascal has arrived to work on softball/baseball fields. o New slide has arrived for Cavazos Park.

• Planning /Code Enforcement: Jeff Underwood

o Staff is conducting speed surveys on Paisano Lane in order to determine if speed calming measures are warranted.

o Engineering is working on the Urban County Work Plan. o Staff met with Weslaco Independent School District School Board regarding the

drainage easement for Sugarcane Road. o The City Health Official is assisting in the training of City of Mercedes personnel

so that Mercedes staff may become licensed to conduct health inspections.

• Police Department: Chief Michael Kelly o No Report.


November 19, 2013

“The City on the Grow”

• Public Facilities Department: Oscar Garcia o Continuing with the remodeling of the Texas A&M Citrus Center- 95% complete. o Commencing Antenna installation at Public Facilities for the 911 Center. o Commencing construction of Storage Room at Public Facilities- 2nd floor (20X30

Storage Room) for 911 Center. o Performed maintenance at City Park baseball fields and Harlon Block Park soccer

fields. o Drained pools- Gibson & Issac Rodriguez Park o Changed out the lights at the City Park tennis courts. o The Department has focused on filling potholes, and cleaning debris. o Cleaned ditches and cut brush along the south side of the City’s drainage areas. o Pouring concrete for the sidewalk on Airport Drive south of the City Park. o Commenced reconstruction/paving on Sugarcane & Votech Drive (approx. 8,000

sq.ft.); Votech & Sugar Sweet Avenue (approx. 960 sq. ft.); Frontage & North Bridge (approx. 1,000 sq. ft.)

• Public Utilities Department: David Salinas o Water Treatment Plant and Offsite Utility Improvements, See attached report. o One of our employees was injured on the job, severed a fingertip. o Israel Trevino passed his “D” water license exam. o We will be hosting Basic Water Training on November 19 thru 21 o Storm water, MS4 training is scheduled November 14.

• Upcoming Meetings & Events

o 2013 TMRS Annual Training Seminar (November 19-20; Austin) o Municipal Law 101 (November 21-22; Austin) o Hispanic Leadership Summit (November 22; Austin)

• Media

o Weslaco leaders say anonymous threat preceded public ouster from meeting (The Monitor, November 13)

o Weslaco Residents at Odds with City Commission (KRGV Channel 5 news, November 12)

o DNA Helps Weslaco Police Nab Murder Suspect (KRGV Channel 5 news, November 12)

o Charities Get Into Fast Food (The New York Times, November 7) o Annexation battle rages on between Mercedes (The Monitor, November 5)


November 19, 2013


November 19, 2013

275 South Kansas, Suite A Weslaco, Texas 78596

Phone (956)969-0838 Fax (956)969-8611

www.weslacoedc.com

INVESTMENTS AND ACCOMPLISHMENTS

2012-2013 I BUSINESS-VISITOR & EVENT CENTER A Lobby The BVEC lobby was enhanced by four (4) nature murals photographed by local world renowned photographers. They are attracting visitors and have become a tourist destination in themselves. B Phase 2 The architect prepared the plans and specifications for BVEC Phase 2. The construction contract was let to DK III Hornback Enterprises. The City of Weslaco did not issue a building permit. Project was scheduled for completion in April and is on hold pending possible litigation. II MID-VALLEY INDUSTRIAL PARK A Available Land

Available land at the Mid-Valley Industrial Park is diminishing. Investigation into locations for a second industrial park are underway. B New Companies in the Mid-Valley Industrial Park 1 Colimex Tropical Fruit 2 Valley Grande Builders 3 Bridgestone Tire Distribution Center III ECONOMIC DEVELOPMENT INCENTIVES PAID

A Payne Auto Group 1 GMC/Buick Dealership The Payne GMC/Buick dealership was completed and incentive payments commenced. Payments extend from January 2013 through June 2017.

2 Chevrolet Dealership The Payne Chevrolet dealership was completed and incentive payments commenced. Payments extend from January 2013 through June 2017. 3 Ford Dealership The Development Agreement with Payne includes a new Ford dealership, scheduled for completion in May 2014. B KJS Group, dba Bridgestone Tire Distribution Center for the property located at 2411 East Sugarcane Drive

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November 19, 2013

The Economic Development Corporation of Weslaco

www.weslacoedc.com

INVESTMENTS AND ACCOMPLISHMENTS 2012-2013

III ECONOMIC DEVELOPMENT INCENTIVES PAID [Continued] C Darden / LongHorn Steakhouse Paid first half of incentive; balance due in 2014 D Arturo’s Bar & Grill First half of incentive paid; balance due in 2014.

E Mission Foods Company is not in compliance with Development Agreement; incentives go from April 2012 through September 2017 and have been paid through December 2012.

F Motion Industries Company is in compliance with Development Agreement; incentives go from April 2012 through September 2017 and are current. G CiLogistics First incentive payment made; balance due over the next two (2) years. H L F Trinity Development Group Incentive paid in full. I Grande Valley Builders Incentive paid in full. J USG Corporation-Becknell-L&W Supply Incentive paid in full K TDIndustries Initial year’s incentive paid; balance payable yearly through 2017. L Weslaco Hills Final incentive payment made. IV FAÇADE IMPROVEMENT GRANTS A 611 South Texas – El Gallo Loco B 120 West Fifth Street – Affordable Homes C 119 West Fourth – Marie Cuellar D 201-203-205 South Texas – Marines Bakery E 521 South Texas – Edible Arrangements F 538 South Texas – David Hernandez V WESLACO 100 GRANTS A 201-203-205 South Texas – Marines Bakery B 521 South Texas – Edible Arrangements C 538 South Texas – David Hernandez

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November 19, 2013


www.weslacoedc.com


VI MARKETING AND PROMOTION A Alfresco Weslaco Alfresco Weslaco is a marketing tool that promotes and validates Weslaco as an ideal business community. Art and culture have proven to be an important aspect of economic development and Alfresco Weslaco continues its positive impact on the community. B The Weslaco Advantage

“The Weslaco Advantage” column in the Mid-Valley Town Crier and other publications continues to market Weslaco from within. The column promotes Weslaco as the business center of the Rio Grande Valley and a clear choice to fulfill business expectations.

C Targeted Advertising 1 Digital Billboard

The EDCW entered into a lease agreement with Lamar Advertising for a digital billboard on Expressway 83. The message changes as needed and has garnered attention.

2 Regional and Statewide Advertising Advertising in regional and statewide markets promoting Weslaco as THE place to do business includes a Magazines b Newspapers c Online D Website Redesign

The redesign of the website was approved and work commenced. The new design is attractive and modern; it will enhance Weslaco’s image.

E Tourism Promotion

In collaboration with the City of Weslaco the EDCW has promoted Weslaco in 1 Rio Grande Valley Visitors’ Guide 2 Rio Grande Valley Mobile Home & RV Park Directory

F Christmas Parade The EDCW for the first time took the lead in collaboration with the City of Weslaco and the Chamber of Commerce for the 2012 Christmas Parade, with a record number of floats. “A Jazzy Christmas” sparked the imagination of participants and audience alike. VII MID-VALLEY AIRPORT The EDCW increased its share of the TxDOT Aviation Division Construction project at the airport, to provide an enhanced value to the community through the attraction of additional businesses which will take advantage of the availability of airport services.

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November 19, 2013


www.weslacoedc.com


VIII NATURE TOURISM A Valley Nature Center A One Hundred Seventy-Five Thousand Dollar ($175,000.00) grant was approved for construction of the new Valley Nature Center Visitor Center. When completed, the new VNC will be an asset to Weslaco’s tourism industry. B Frontera Audubon Society A grant from the EDCW enabled Frontera Audubon Society to replace the badly damaged roof at the Skaggs House, enhancing Frontera’s attraction to the community. IX WORKFORCE DEVELOPMENT A South Texas College The EDCW approveded a grant to South Texas College to underwrite a portion of the cost of student transportation to the Mid-Valley campus for the fall semester 2013. B Valley Initiative for Development and Advancement The EDCW continued to support VIDA’s efforts to assist adults to return to school and enter the workforce. X BEAUTIFICATION The EDCW has contracted to maintain the following areas of the community: A Railroad right-of-way on Border Street west of South Texas College. B Expressway 83 / Texas Boulevard fromtage C Mid-Valley Airport D Mid-Valley Industrial Park E City Hall / Municipal Complex XI GOOD WILL / SPONSORSHIPS A Farmers’ Market The Farmers’ Market has become a regular weekly event from October through April and is attended by locals and Winter Texans alike. B Omar Figueroa Sponsorship The EDCW sponsored two (2) of Omar Figueroa’s fights, bringing Weslaco to the attention of the boxing world. C Home Buyers’ Fair The EDCW sponsored the Affordable Homes of South Texas September 2013 Home Buyers’ Fair held at the BVEC.

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November 19, 2013


www.weslacoedc.com


XI GOOD WILL / SPONSORSHIPS [Continued] D Weslaco Museum Ninth Annual Pan de Campo Fundraising E Hermes Music Foundation Dolores Huerta Foundation F Knapp Medical Center Foundation G Leadership Mid-Valley Class VIII, 2012 H BBQ Cookoff Mercedes Smokin’ on the Rio I Tierra Santa Golf Club Fifth Annual Winter Texan Golf Tournament K Friends of Estero Llano Grande State Park Ecotourism team sponsorship L Aurora House Foundation Administrative Professionals Day Luncheon and Style Show M Frontera Audubon Society 1 Autumn on the Lawn 2012 2 Dine on the Lawn 2013 N Weslaco Area Chamber of Commerce 1 Fifth Annual Gala and Auction 2 Annual Membership Luncheon XII SUMMARY

Weslaco has continued to grow during this fiscal year. With a continuation of the conservative and targeted investments, the outlook will be positive. AA:mg 11/15/13

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November 19, 2013

13 11 19 agenda supplements

Documents

pledge of allegiance

city of weslaco

date of action

texas flag

commission action

united states of america

city manager

na recommendation