14 11 18 agenda supplements by City of Weslaco

Weslaco City Commission Regular Meeting

Page 1 November 18, 2014

Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): November 18, 2014 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. Background: A. Mayor will Call to Order and certify Public Notice. B. Pastor Art Beckwith from RGV Fellowship Church will lead 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.

Weslaco City Commission Regular Meeting

Page 2 November 18, 2014

David Suarez, Mayor Olga M. Noriega, Mayor Pro-Tem, District 2 David R. Fox, Commissioner, District 1 Greg Kerr, Commissioner, District 3 Gerardo “Jerry” Tafolla, Commissioner, District 4 Lupe V. Rivera, Commissioner, District 5 Fidel L. Pena, III, Commissioner, District 6

City of Weslaco “The City on the Grow”

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 255 S. KANSAS AVE.

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WESLACO, TEXAS 78596-6285

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956-968-3181

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WWW.WESLACOTX.GOV

Weslaco City Commission Regular Meeting

Page 3 November 18, 2014

Standardized Agenda Request Form Date of Meeting: Agenda Item No. (to be assigned by CSO): November 18, 2014 V. A. and VIII. A. From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Planning Director/City Engineer, on behalf of Adriana Vela Subject: Discussion and consideration to approve a Conditional Use Permit to obtain a obtain a Mixed Beverage Late Hours Permit at 415 South International Boulevard, also being Lot 1, Blk 1, Palm Aire Subdivision, Weslaco, Hidalgo County, Texas. Background: The applicant withdrew request to obtain Mixed Beverage Late Hours Permit. Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on October 20, 2014. Seven (7) property owners within 200 ft. of the applicant’s property were notified by letter on October 24, 2014. Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [ ] Mayor’s Signature [x] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 11/5/14, no action taken, due to applicant withdrawal Recommendation for Commission Action: N/A Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant

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Weslaco City Commission Regular Meeting

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Standardized Agenda Request Form Date of Meeting: Agenda Item No. (to be assigned by CSO): November 18, 2014 V. B. and VIII. B. From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Planning Director/City Engineer, on behalf of Dolgencorp of Texas, Inc Subject: Discussion and consideration to approve a Conditional Use Permit to obtain a obtain a Wine and Beer Retailer’s Off- Premise Permit at 2905 North Westgate, also being Lot 1, RSBR Westgate Subdivision, Weslaco, Hidalgo County, Texas. Background: The applicant is requesting to obtain Wine and Beer Retailer’s Off-Premise Permit. Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on October 20, 2014. Fourteen (14) property owners within 200 ft. of the applicant’s property were notified by letter on October 24, 2014. Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [ ] Mayor’s Signature [x] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 11/5/14, recommends approval Recommendation for Commission Action: Staff recommends approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant

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Weslaco City Commission Regular Meeting

Page 5 November 18, 2014

Standardized Agenda Request Form Date of Meeting: Agenda Item No. (to be assigned by CSO): November 18, 2014 V. C. and VIII. C. From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Planning Director/City Engineer, on behalf of Irene Kaplan. Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 1902 East 18th St., also being 6.48 acres of Farm Tract 770, West Tract Subdivision, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to PUD Planned Unit Development. Background: The applicant is requesting to rezone this property from R-1 Single Family Dwelling District to PUD Planned Unit Development. Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on October 20, 2014. Five (5) property owners within 200 ft. of the applicant’s property were notified by letter on October 24, 2014. This item was tabled at the November 5, 2014, Planning & Zoning meeting. Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [x] Mayor’s Signature [x] Public Hearing [ ] Budget Amendment [ ] Resolution [x] Ordinance – First Reading [x] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 11/5/14, tabling item for further review Recommendation for Commission Action: Staff recommends denial Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant

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Weslaco City Commission Regular Meeting

Page 6 November 18, 2014

Standardized Agenda Request Form Date of Meeting: Agenda Item No. (to be assigned by CSO): November 18, 2014 V. D. and VIII. D. From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Planning Director/City Engineer, on behalf of Paula Villanueva Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 3602 North Texas Blvd., also West Tract Northwest 1.25 acres an Irrigation Tract S228’-N558’-W345’ of Farm Tract 109, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-1 Neighborhood Business District Background: The applicant is requesting to rezone this property from R-1 Single Family Dwelling District to B-1 Neighborhood Business District. Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on October 20, 2014. Five (5) property owners within 200 ft. of the applicant’s property were notified by letter on October 24, 2014. Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [x ] Mayor’s Signature [x] Public Hearing [ ] Budget Amendment [ ] Resolution [x ] Ordinance – First Reading [ x] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 11/5/14, recommends approval Recommendation for Commission Action: Staff recommends approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for rezone with attachments. Responsibilities upon Approval: Planning staff will advise applicant

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Weslaco City Commission Regular Meeting

Page 7 November 18, 2014

Standardized Agenda Request Form Date of Meeting: Agenda Item No. (to be assigned by CSO): November 18, 2014 V. E. and VIII. E. From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Planning Director/City Engineer, on behalf of Marcelo Garcia Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 4019 Moreland Drive, also being Lot 2, Royal Subdivision, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-2 Secondary and Highway Business District Background: The applicant is requesting to rezone this property from R-1 Single Family Dwelling District to B-2 Secondary and Highway Business District. Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on October 20, 2014. Seven (7) property owners within 200 ft. of the applicant’s property were notified by letter on October 24, 2014. Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [x ] Mayor’s Signature [x] Public Hearing [ ] Budget Amendment [ ] Resolution [x ] Ordinance – First Reading [ x] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 11/5/14, recommends approval Recommendation for Commission Action: Staff recommends approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for rezone with attachments. Responsibilities upon Approval: Planning staff will advise applicant

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Weslaco City Commission Regular Meeting

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Standardized Agenda Request Form Date of Meeting: Agenda Item No. (to be assigned by CSO): November 18, 2014 V. F. and VIII. F. From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Planning Director/City Engineer, on behalf of Arturo Ramos Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 1609 Davenport St., also being Lots 2-7, Blk 7, Davenport Subdivision #1, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-1 Neighborhood Business District. Background: The applicant is requesting to rezone this property from R-1 Single Family Dwelling District to B-1 Neighborhood Business District. Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on October 20, 2014. Twenty-eight (28) property owners within 200 ft. of the applicant’s property were notified by letter on October 24, 2014. The 2008 Comprehensive Plan Future Land Use map shows the adjacent lots along Airport to be commercial but does not include Lots 5 through 7 of Davenport Subdivision. Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [x ] Mayor’s Signature [x] Public Hearing [ ] Budget Amendment [ ] Resolution [x ] Ordinance – First Reading [ x] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 11/5/14, recommends approval for a B-4 Recommendation for Commission Action: Pending legal review Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for rezone with attachments. Responsibilities upon Approval: Planning staff will advise applicant

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Weslaco City Commission Regular Meeting

Page 9 November 18, 2014

A REGULAR MEETING OF THE WESLACO CITY COMMISSION MONDAY, NOVEMBER 3, 2014 On this 3rd day of November 2014 at 5:30 p.m., the City Commission of the City of Weslaco, Texas convened in a Regular Meeting at City Hall in the Legislative Chamber, located at 255 South Kansas Avenue with the following members present: Mayor Mayor Pro-Tem Commissioner Commissioner Commissioner

David Suarez J.F. “Johnny” Cuellar Olga M. Noriega Gerardo “Jerry” Tafolla Fidel L. Pena, III

City Manager City Secretary Interim City Attorney

Leonardo Olivares Elizabeth M. Walker Juan Guerra

Also present: Juan Salas, IT Department; Interim Chief Chris Sanchez, Fire Department; Interim Chief Sergio Ramirez, Police Department; David Salinas, Public Utilities Director; Trinidad Cantu, Assistant Public Utilities Director; Mardoqueo Hinojosa, City Engineer/Interim Planning Director; Veronica Ramirez, Human Resources Director; Olga Garza, Assistant Public Facilities Director; Rosie Palomo, Finance Department, David Arce, Park & Recreation Director; Gloria Givilancz, Grants Coordinator; and other staff members and citizens. I.

II.

CALL TO ORDER A.

Certification of Public Notice. Mayor Suarez called the meeting to order and certified the public notice of the meeting as properly posted Friday, October 31, 2014.

Invocation. Pastor Ray Sanchez of First Baptist Church delivered the invocation.

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

Roll Call. Elizabeth Walker, City Secretary, called the roll, noting the absence of Commissioners Fox and Rivera. PUBLIC COMMENTS There were no comments received.

Minutes of the Regular Meeting on November 3, 2014

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Weslaco City Commission Regular Meeting

III.

Page 10 November 18, 2014

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.

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

Acceptance of a grant in the amount of $34,278.00 from the Texas Department of Public Safety Homeland Security Grant Program, federal grant award number EMW2014-SS00029, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Staffed by Airport.) Attachment.

Acceptance of a grant in the amount of $1,000.00 from Wal-Mart Foundation to purchase smoke detectors to assist the citizens of Weslaco as needed, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Staffed by Fire Department.) Attachment.

Approval of the renewal of the City’s membership in the Texas Municipal League in the amount of $4,238.00, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Requested by City Manager’s Office.) Attachment.

Authorization for the solicitation of sealed bids for the purchase of two (2) recycling trailers utilizing grant funds through Lower Rio Grande Valley Development Council Solid Waste Grant Program, authorize a budget amendment as appropriate and authorize the Mayor to execute any related documents. (Staffed by Public Facilities.) Attachment.

Authorization for the solicitation of Request for Proposals to purchase a Magda Rotor with shafts and stainless steel blades for the North Wastewater Treatment Plant, authorize a budget amendment as needed, and authorize the Mayor to execute any related documents. (Staffed by Public Utilities.) Attachment.

Authorization for the solicitation of Request for Proposals to purchase two (2) Zero Turn 60” Mowers, authorize a budget amendment as appropriate and authorize the Mayor to execute any related documents. (Staffed by Public Utilities.) Attachment.

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 2014 in support of a food drive by the Rio Grande Valley Food Bank. (Staffed by the Library.) Attachment.

Minutes of the Regular Meeting on November 3, 2014

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Weslaco City Commission Regular Meeting

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Authorization of an expenditure in an amount not to exceed $2,500.00 from the Preservation Fund for the purchase of death record binders, birth record binders, secure life ledger paper, and other supplies for the permanent retention of vital records as prescribed by the Texas Health & Safety Code Â§191.0045 (h), authorize a budget amendment as appropriate and authorize the Mayor to execute any related documents. (Staffed by City Secretaryâ&#x20AC;&#x2122;s Office.) Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the consent agenda as presented. The motion carried unanimously; Mayor Suarez was present and voting.

IV.

NEW BUSINESS A.

Discussion and consideration to authorize a Public Purpose Services contract with the Weslaco Bicultural Museum d.b.a. Weslaco Museum of Local History and Cultural Art in an amount not to exceed $63,100.00 effective October 1, 2014 through September 30, 2015 and authorize the Mayor to execute any related documents. Possible action. (Staffed by Parks and Recreation Department.) Attachment. In response to Commissioner Noriega, the City Manager clarified this money is budgeted in the General Fund. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

Discussion and consideration to approve a Public Purpose Services contract and/or Lease Agreement with the Boys & Girls Club of Weslaco, Inc. in an amount not to exceed $50,000.00 effective October 1, 2014 through September 30, 2015 and authorize the Mayor to execute any related documents. Possible action. (Staffed by Parks and Recreation Department.) Attachment. The City Manager stated this contract would provide for the operating expenditures of the Boys and Girls Club of Weslaco; the expense is budgeted. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

Discussion and consideration to authorize final payment to Prodigy Construction Management, LLC, Payment Application #5, in the amount of $18,113.05 for the construction of the Environmental Education Center project at the Valley Nature Center, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Facilities.) Attachment.

Minutes of the Regular Meeting on November 3, 2014

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Weslaco City Commission Regular Meeting

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The Mayor cited a contractual provision which requires the signature of the architect to finalize. Mr. Alex Palacios, on behalf of Prodigy Construction Management, LLC, stated that the architect of record has refused to complete the project, so though the architect should issue the certificate, since he “hasn’t been on the job” to monitor the work, it “would be fraud.” Ms. Gloria Givilancz stated that Texas Parks and Wildlife does not require a certificate of completion for grant compliance. Mr. Palacios reiterated that Prodigy is married to the City for twelve months as contract warranty. Mr. Juan Guerra stated that the City’s contract with the contractor remains, through the contract with the architect may not be in effect; he noted that given the history of absence of the architect as well as four payments already paid from the City to contractor, he recommends final payment to Prodigy Construction as proposed. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting. D.

Discussion and consideration to approve a Mutual Lease Agreement with the Lower Rio Grande Valley Nature Center for the lease of the newly constructed Environmental Education Center project at the Valley Nature Center and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Facilities.) Attachment. The City Manager stated this lease agreement would be with the Valley Nature Center for the new facility as previously described; the lease agreement with the existing facility will be terminated at a later meeting. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

Discussion and consideration to approve the City of Weslaco’s Investment Policy and authorize the Mayor to execute any related documents. Possible action. (Staffed by Finance Department.) Attachment. The City Manager explained the Investment Policy is reviewed annually in compliance with the Texas Public Funds Act; this is the same policy as the previous year. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

Discussion and consideration to approve the Waterline Access Agreement with North Alamo Water Supply Corporation-Adobe Unlimited, LLC and Midway Courts Phase

Minutes of the Regular Meeting on November 3, 2014

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Weslaco City Commission Regular Meeting

2 and authorize the Mayor to execute any related documents. (Staffed by Public Utilities.) Attachment.

Page 13 November 18, 2014

Possible action.

The City Manager stated this is a trilateral agreement among the City, the developer Adobe Unlimited, LLC, and North Alamo Water Supply Corporation governing fire hydrants. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting. V.

EXECUTIVE SESSION The Commission did not convene in executive session.

VI.

POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION A.

Pending Litigation – Consultation with City Attorney regarding Cause No. C-794114-G Leticia Pequeno, Remigio Pequeno et al. vs. Juan Hernandez and the City of Weslaco in the 370th Judicial District Court of Hidalgo County as authorized by §551.071 of the Texas Government Code. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to authorize assigned special counsel to file an answer regarding Cause No. C-7941-14-G Leticia Pequeno, Remigio Pequeno et al. vs. Juan Hernandez and the City of Weslaco in the 370th Judicial District Court of Hidalgo County. The motion carried unanimously; Mayor Suarez was present and voting.

Pending Litigation - Consultation with City Attorney regarding Cause No. C-081-13 B, Weslaco Health Facilities Development Corporation v. Knapp Medical Center, et.al. as authorized by §551.071 of the Texas Government Code. There was no action on this item.

Contract Negotiations – Discussion with City Manager and City Attorney regarding the Architectural and Construction Oversight Contract between the City of Weslaco and Boultinghouse Simpson Gates Architects for the design and construction oversight of the New Valley Nature Center as authorized by §551.071 of the Texas Government Code. There was no action on this item.

VII.

ADJOURNMENT

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With no other business before the Commission, at 6:03 p.m. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to adjourn the November 3, 2014 regular meeting. The motion carried unanimously; Mayor Suarez was present, but not voting. CITY OF WESLACO

MAYOR, David Suarez

ATTEST:

CITY SECRETARY, Elizabeth M. Walker

MAYOR PRO-TEM, J.F. “Johnny” Cuellar (absent) COMMISSIONER, David R. Fox _______ COMMISSIONER, Olga M. Noriega

COMMISSIONER, Gerardo “Jerry” Tafolla (absent) COMMISSIONER, Lupe Rivera

COMMISSIONER, Fidel L. Pena, III

Minutes of the Regular Meeting on November 3, 2014

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A SPECIAL MEETING OF THE WESLACO CITY COMMISSION WEDNESDAY, NOVEMBER 12, 2014 On this 12th day of November 2014 at 6:01 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 Mayor Pro-Tem Commissioner Commissioner Commissioner Commissioner Commissioner

David Suarez J.F. “Johnny” Cuellar David R. Fox Olga M. Noriega Gerardo “Jerry” Tafolla Lupe Rivera Fidel L. Pena, III

City Secretary Interim City Attorney

Elizabeth M. Walker Frank Garza

Also present: Juan Salas, IT Department; Interim Chief Chris Sanchez, Fire Department; Lieutenant in Charge Ted Walensky, Police Department; David Salinas, Public Utilities Director; Mardoqueo Hinojosa, City Engineer/Interim Planning Director; Veronica Ramirez, Human Resources Director; Olga Garza, Assistant Public Facilities Director; David Arce, Park & Recreation Director; Gloria Givilancz, Grants Coordinator; Commissioner-Elect Greg Kerr and other staff members and citizens. I.

CALL TO ORDER A. Certification of Public Notice. Mayor Suarez called the meeting to order and certified the public notice of the meeting as properly posted Friday, November 7, 2014. B. Pledge of Allegiance. Mayor Suarez recited the Pledge of Allegiance and Mayor Pro-Tem Cuellar recited the Texas flag. C. Roll Call. Elizabeth Walker, City Secretary, called the roll, noting perfect attendance. Mayor ProTem Cuellar extended his congratulations to Commissioner-elect Greg Kerr and the Mayor presented him with a plaque of appreciation and recognition of his nineteen and a half years of public service on the Commission.

II.

CONVENE AS LOCAL CANVASSING AUTHORITY A. Discussion and consideration to canvass the election returns and approve Resolution 201445 certifying the results of the November 4, 2014 City of Weslaco General Election in accordance with Texas Election Code §67.004(a). Possible action. (Staffed by City Secretary’s Office.) Attachment.

Minutes of the Special Meeting of November 12, 2014

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Mayor Pro-Tem Cuellar, seconded by Commissioner Fox, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting. For the record, Resolution 2014-45 reads as follows: RESOLUTION NO. 2014-45 STATE OF TEXAS

COUNTY OF HIDALGO

CITY OF WESLACO

AN ORDER DECLARING THE RESULTS OF THE CITY OF WESLACO GENERAL ELECTION OF NOVEMBER 4, 2014 TO FILL TWO VACANCIES.

WHEREAS, the City Commission of the City of Weslaco resolved and ordered that a General Election be held on November 4, 2014 in the City of Weslaco, Texas for the purpose of electing two members to the Weslaco City Commission for the following positions: CITY COMMISSIONER SINGLE MEMBER DISTRICT 2 CITY COMMISSIONER SINGLE MEMBER DISTRICT 3 WHEREAS, there came on to be considered the returns of the election held on the 4th day of November, 2014 for the purpose of electing two (2) members to the City Commission. WHEREAS, the returns of said election have been duly canvassed by the City Commission, and each of the candidates in said election having received the following votes to wit: CITY COMMISSIONER SINGLE MEMBER DISTRICT 2 GREG KERR JOHN F. “JOHNNY” CUELLAR

Votes Votes

855 503

CITY COMMISSIONER SINGLE MEMBER DISTRICT 3 OLGA NORIEGA RICARDO QUINTANILLA

Votes Votes

771 424

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 Greg Kerr was elected to the position of Commission Single Member District 2 and that Olga Noriega was elected to the position of City Commission Single Member District 3 of the City of Weslaco subject to taking their oath of office. 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 12th day of November, 2014. CITY OF WESLACO /s/ David Suarez, MAYOR and PRESIDING OFFICER OF Minutes of the Special Meeting of November 12, 2014

THE

LOCAL

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CANVASSING AUTHORITY ATTEST: /s/ Elizabeth Walker, CITY SECRETARY /s/ CITY ATTORNEY

B. Conduct Oaths of Office and file Statements of Elected Officers. Commissioner Kerr and Commissioner Noriega took their Oaths of Office and tendered their Statements of Elected Officers for public file. Each addressed the audience, expressing appreciation of the opportunity to serve. C. Discussion and consideration to select a Mayor Pro-Tem. Possible action. Commissioner Fox, seconded by Commissioner Pena, moved to appoint Commissioner Noriega as Mayor Pro Tempore of the Weslaco City Commission. The motion carried unanimously; Mayor Suarez was present and voting. D. Reception. The special meeting adjourned to the reception. III. ADJOURNMENT With no other business before the Commission, at 6:26 p.m. Commissioner Fox, seconded by Commissioner Rivera, moved to adjourn the November 12, 2014 special meeting. The motion carried unanimously; Mayor Suarez was present and voting. CITY OF WESLACO

MAYOR, David Suarez ATTEST:

CITY SECRETARY, Elizabeth M. Walker

MAYOR PRO-TEM, Olga M. Noriega ______________ COMMISSIONER, Greg Kerr _______ COMMISSIONER, David R. Fox

COMMISSIONER, Gerardo “Jerry” Tafolla _______ Minutes of the Special Meeting of November 12, 2014

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COMMISSIONER, Lupe Rivera

COMMISSIONER, Fidel L. Pena, III

Minutes of the Special Meeting of November 12, 2014

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ORDINANCE NO. 2014-18 AN ORDINANCE ANNEXING ADDITIONAL TERRITORY TO THE CORPORATE LIMITS OF THE CITY OF WESLACO, HIDALGO COUNTY, TEXAS ON CONSENSUAL PETITION OF AREA LAND OWNER SUCH LAND BEING 4.24 ACRE TRACT OF LAND OUT OF FARM TRACT NO. 708, WEST AND ADAMS TRACT SUBDIVISON, WESLACO, HIDALGO COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: There is hereby annexed on consensual petition of area landowner as part of the territory within the corporate boundaries of the City of Weslaco the following tract located in Hidalgo County, Texas, that totals to 6.48 acres and are more specifically described as follows, to-wit: METES AND BOUNDS DESCRIPTION 4.24 ACRE TRACT OF LAND OUT OF FARM TRACT NO. 708, WEST AND ADAMS TRACT SUBDIVISON, WESLACO, HIDALGO COUNTY, TEXAS.

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

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THENCE, South 00° 29’ west, 219.35 feet, with the east line of said Farm Tract 708 to a 1/2inch iron rod found with a plastic cap stamped “RRA” for the southwest corner of said stract herein described; THENCE, West, at a distance of 901.90 feet past a 5/8-inch iron rod found for reference 0.30 feet west of the east right-of-way line of mile 3 ½ West Road and continuing for a total distance of 926.60 feet to a cotton picker spindle found on the west line of said Farm Tract 708 for the southwest corner of said tract herein described; THENCE, North 298.25 feet with the west line of Farm Tract 708 and the of Mile 3 ½ West Road to the point of beginning and containing 4.24 acres of land more or less. SECTION II: This ordinance shall be published in one (1) newspaper of general circulation published in Weslaco, once a week for two (2) weeks, after the last reading of the ordinance. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 21st day of October, 2014. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 18th day of November, 2014. CITY OF WESLACO _________________________ David Suarez, MAYOR ATTEST: ___________________________________ Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM: ___________________________________ ATTORNEY FOR THE CITY

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Standardized Agenda Request Form Date of Meeting: Agenda Item No. (to be assigned by CSO): 11-18-2014 VI. C. From: David Arce Parks and Recreation Director Subject: Authorization of the solicitation of proposals for City of Weslaco municipal pool rehabilitation at Isaac Rodriguez Park, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Background: The pool was closed last year, and needs to be remodeled. Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission:

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

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

Recommendation for Commission Action:

Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”):

Responsibilities upon Approval:

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Standardized Agenda Request Form Date of Meeting: Agenda Item No. (to be assigned by CSO): November 18, 2014 VI. D. From (name, title, department and who submitting on behalf of, if any): Veronica Ramirez, Human Resources Director Subject: Discussion & Consideration t approve the 2015 Calendar Year City of Weslaco Holiday Schedule. Possible Action. Background:

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

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

Recommendation for Commission Action:

Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): 2015 Holiday Schedule in word format.

Responsibilities upon Approval:

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2015 Holiday Schedule HOLIDAY NEW YEARS DAY MARTIN LUTHER KING JR. CESAR CHAVEZ DAY GOOD FRIDAY MEMORIAL DAY INDEPENDENCE DAY LABOR DAY VETERANS DAY THANKSGIVING DAY DAY AFTER CHRISTMAS EVE CHRISTMAS DAY

DATE CELEBRATED

DAY

1/1/2015 1/19/2015 3/31/2015 4/3/2015 5/25/2015 7/3/2015 9/7/2015 11/11/2015 11/26/2015 11/27/2015 12/24/2015 12/25/2015

Thursday Monday Tuesday Friday Monday Friday* Monday Wednesday Thursday Friday Thursday Friday

Actual Calendar Days: *Independence Day falls on a Saturday. 4.02 HOLIDAYS FALLING ON SATURDAY OR SUNDAY Whenever an authorized paid holiday listed above falls on a Saturday, the Friday before will be the paid holiday. If the holiday falls on a Sunday, the following Monday will be the paid holiday. Employees who are regularly scheduled to work on Saturdays or Sundays, however, will treat the Saturday or Sunday, as applicable, as the holiday. If two holidays fall consecutively on a Friday and Saturday, the Thursday before will be observed as a holiday along with the Friday. If two holidays fall consecutively on a Sunday and Monday, the following Tuesday will be observed as a holiday along with the Monday.

Created by: CS 255 S. KANSAS AVE.

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WESLACO, TEXAS 78596-6285

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956-968-3181

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WWW.WESLACOTX.GOV

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VI. E.

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VI. F.

Weslaco Health Facilities Development Corporation Weslaco Mid-Valley Airport Committee Weslaco 100

Adjustments & Appeals to Zoning Oridnance Adjustments & Appeals to Building Codes Ambulance Advisory Board Animal Shelter Advisory Committee Civil Service Commission Economic Development Corporation Housing Authority Board Library Board Parks & Recreation Advisory Board Planning & Zoning Commission Public Facilities & Transportation Improvements Naming Committee Traffic Safety Committee Water Conservation Management Committee

character X X

public officer

age

residency

citizenship X

X X

X X X adult

X X >3yr >25 >3yr X X no

taxpayer/property owner X

qualified voter X

management experience

Member Qualifications

no litigation X

# members 3+ 7 16

5 7 7 5* 3 7 5 5 7 7 7 7 7

term length (st = staggered) 6 yrs st3yr 3yrs

2yr 4yr 2yr

meeting schedule

term limits

reg interval min. 3 mths 3/year 2 st3yr 3* 72hr notice 4 2* monthly 2yr 2 2yr 3yr 3yr st3yr

# quorum 4 4

deisgnated final authority X

Defined Duties

Sec 150-19 Art IX Sec 280-283 Art I, Sec 14-1 Ord 2012-02 Ch 143 Bylaws, Art of Inc LGC Sec 392.033 Art II Sec 78.21-28 Art IV Sec 98-90 Art III Sec 2.98-103 Ord 2011-16 Sec 134.4 Ord 96-11 Art 1528j, Vernons TX Civil Statue Art II Sec 6-33 R2013-52

governing statutes

subject interest

City of Weslaco Boards and Committees Prepared by Office of the City Secretary; Updated June 2013

appointing authority CC CC CC appts entity

CC CC CC CC appt by CM, confirm by CC 4 from CC, 3 at large; confirm by CC appt by Mayor CC appt by Mayor, confirm by CC CC CC CC CC

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Application for Service City of Weslaco Boards and Committees Name of Applicant:

Telephone Number:

E-Mail Address:

Alternate Phone Number (work/cell):

Home Address:

[ ] Inside City Limits [ ] Outside City Limits Zip Code:

City:

State:

How many years have you lived at this residence?

Do you own this house? [ ] Yes or [ ] No Preference for consideration, naming committees on which you desire to serve: 1.) 2.) 3.) List of Civic Involvement and Business Experience:

Have you been bonded or eligible to obtain one? [ ] Yes or [ ] No Are you related to any member of the Commission? [ ] Yes or [ ] No Have you previously served on a City board? [ ] Yes or [ ] No Have you ever been elected to public office? [ ] Yes or [ ] No Do you consent to release this info to the public? [ ] Yes or [ ] No The statements I have made on this Application for Service are truthful and I am not disqualified to serve due to nepotism, City of Weslaco Charter or Ordinances or State of Texas laws. Applicant’s Signature:

Are you currently suing or bring sued by the City of Weslaco or any of its entities? [ ] Yes or [ ] No If so, who and how? If so, which and when? If so, which and when? Are you age 25 or older? [ ] Yes or [ ] No Timestamp of Receipt:

Optional Demographic Information: Self Identification Gender: Age: Race: Religion: Citizenship: Office of the City Secretary · tel. 956.968.3181 · fax. 956.968.6717

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LAST NAME TERM EXPIRES Flores 10/5/2014 Robles Jr 9/20/2015 Garcia 9/19/2015 Quiroz 3/5/2015 Lopez 10/19/2016 Mejia 9/20/2015 Caballero 10/8/2016

Cardenas

Saenz Ochoa Garcia Carranza Banda Escobar, Jr. Martinez Trevino Balli Mena

Lazaro "Larry"

Bernard Gloria Joel Nicholas Rey Anthony Robert Joe A. Juan Jose Mireya Clemente

Updated 10/17/14

LAST NAME Cabanas Reyna Garza III Ford Lopez Guajardo Cavazos

FIRST NAME Alfonso Javier Luciano S "Chano" Cleve M. Leticia Felix Johnny 956-463-0551 Withheld by request. 956-244-7306 Withheld by request. 968-3241 373-1134 Withheld by request. Withheld by request. 660-619-8951 Withheld by request. Withheld by request.

472-2961

HOME 956-969-5873 956-472-5591 956-854-4042 956-472-8088 956-490-5559 Withheld by request. 956-975-4560

Parks & Recreation Advisory Applicants

Lupe Garcia replaced Daniel Moreno unexpired term Richard Lopez replaced Anabell Cardona unexpired term Ismael Quiroz replaced Erasmo Saenz unexpired term Oscar Caballero replaced G Greg Ayala unexpired term

FIRST NAME Julian Rolando G Lupe Ismael Richard Edward Oscar

PARKS & RECREATION ADVISORY BOARD

2300 South Border Withheld by request. 816 E. Pike Withheld by request. 1105 Jasmine Withheld by request. Withheld by request. 1313 Hybrorgra Withheld by request. Withheld by request.

720 S. Missouri

ADDRESS 1019 Honeytree 1702 Christian Ct 1704 W Sixth St 1502 Tierra Bella 1315 Clifton Withheld by request. 2100 Ashley Dr.

TERMS SERVED 3 2 0 0 0 0 0

berniesaenz84@gmail.com Withheld by request. Sentra1975@gmail.com Withheld by request. rbanda@gmail.com Withheld by request. Withheld by request. acidburn6575@gmail.com Withheld by request. Withheld by request.

larrycardenas64@yahoo.com

letty@lgconcrete.com Withheld by request. jcavazos@woodmen.org

cleveford@dargel.com

ryn_jvr16@yahoo.com

E-MAIL ADDRESS

CONTACT NUMBER Withheld by request. 956-756-2429 956-650-0024 956-532-7539 956-373-0162 or 472-1311 968-0837 456-1410 227-2910

5/17/2013 5/17/2013 10/21/2013 6/6/2013 6/6/2013 6/3/2013 2/14/2014 2/27/2014 4/11/2014 6/27/2014

4/19/2013

APPLICATION DATE 01/02/03 01/07/10 05/24/06 4/9/2011 09/18/12 4/2/2013 4/18/2012

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RESOLUTION NO. 2014-46 A RESOLUTION OF THE CITY OF WESLACO REMOVING ONE MEMBER AND APPOINTING ONE MEMBER TO THE PARKS & RECREATION ADVISORY BOARD. WHEREAS, the City of Weslaco has established the Parks & Recreation Advisory Board pursuant to Section 17-17 of the Weslaco Municipal Code Book; and WHEREAS, the terms of the members of this board are for three years; however, following the restructuring of this Board to consist of seven members, this term shall be assigned for two years so that terms are staggered such that no quorum of members expires simultaneously; and WHEREAS, the Parks & Recreation Advisory Board members shall serve without compensation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _______________ is removed from the Parks & Recreation Advisory Board and _________________________ is appointed to serve an unexpired term on the Parks & Recreation Advisory Board; the term will begin on __________________, 2014 and end on _____________, 20___. PASSED AND APPROVED on this 18th day of November 2014. CITY OF WESLACO David Suarez, MAYOR ATTEST:

Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM:

CITY ATTORNEY

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ORDINANCE NO. 2014-22

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

CITY OF WESLACO

David Suarez, MAYOR ATTEST:

Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

CITY ATTORNEY

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

CITY OF WESLACO

David Suarez, MAYOR ATTEST:

Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

CITY ATTORNEY

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ORDINANCE NO. 2014-20

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

CITY OF WESLACO

David Suarez, MAYOR ATTEST:

Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

CITY ATTORNEY

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ORDINANCE NO. 2014-21

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

CITY OF WESLACO

David Suarez, MAYOR ATTEST:

Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

CITY ATTORNEY

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Standardized Agenda Request Form Date of Meeting: Agenda Item No. (to be assigned by CSO): November 18, 2014 VIII. G. From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Planning Director/City Engineer, on behalf of Adobe Unlimited, LLC., Todd C. Bookout, Managing Member. Subject: Discussion and consideration of the Final Plat of Midway Court Phase III – being 11.262 acres out of Farm Tract 644, Block 177, West & Adams Tract Subdivision, Weslaco, Hidalgo County, Texas, located at the Northeast intersection of Midway Road (Mile 7 West Road) and Mile 6 ½ North. Background: The proposed forty-eight (48) lot subdivision is inside the City of Weslaco and is located at the Northeast intersection of Midway Road (Mile 7 West Road) and Mile 6 ½ North. This subdivision will be serviced with water by North Alamo Water Supply Corporation through an 8” waterline. Sewer service is being provided through an 8” sewer line. The property is within a Flood Zone “X”. Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [x] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 11/5/14, recommends approval Recommendation for Commission Action: Staff recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Subdivision platting, Staff’s comments, Drainage Report, subdivision plat and utility layout. Responsibilities upon Approval: Planning staff will advise applicant

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Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): November 18, 2014 VIII. H. From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Planning Director/City Engineer, Planning & Code Enforcement Subject: Discussion and consideration to award the best qualified, most advantageous proposal for the Request for Proposals for the Design/Build Irrigation System for the Detention Pond on Sugarcane Drive between Cleacker-Heald Elementary and Beatriz Garza Middle School. Discussion: Sugarcane Drive’s construction is in the closing stages. As part of the agreement with the Weslaco Independent School District, an irrigation system is to be constructed by the City on the detention pond for the road to be used for their football fields. Total project cost is under budget. Fiscal Note: Amount: $ 750,000 Term of Impact: [#] year(s) Identified in Current Budget: Yes Additional Action Prompted: [X ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation):

Recommendation for Commission Action: Approval of most advantageous contractor.

Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): None Responsibilities upon Approval: Staff will advise most advantageous proposal.

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Standardized Agenda Request Form Date of Meeting: Agenda Item No. (to be assigned by CSO): November 18, 2014 VIII. I. From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Planning Director/City Engineer, Planning & Code Enforcement Subject: Discussion and consideration to adopt Sidewalk Transition Plan to provide means of compliance with Americans with Disabilities Act (ADA) standards. Background: In accordance ADA, local governments are required to develop a Transition Plan, which includes a self-evaluation of a municipality's facilities, programs, policies and practices and their accessibility. The City of Weslaco's Transition Plan focuses on bringing all public buildings into compliance with the ADA and addressed policies regarding sidewalk and curb ramp improvements. Funding Source (budget code, if applicable): General Fund Amount: $ TBD Term of Impact: #15 year(s) Identified in Current Budget: No Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Staff recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Transition Plan Responsibilities upon Approval: Staff will assess public buildings and ensure compliance with ADA. Curb ramps will be identified and prioritized.

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CITY OF WESLACO ADA TRANSITION PLAN

November 2014 Planning & Code Enforcement Department

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CITY OF WESLACO ADA TRANSITION PLAN November 2014 In accordance with the Americans with Disabilities Act (ADA), local governments are required to develop a Transition Plan, which includes a self-evaluation of a municipality's facilities, programs, policies and practices an d their accessibility. The City of Weslaco's Transition Plan focuses on bringing all public buildings into compliance with the ADA and addressed policies regarding sidewalk and curb ramp improvements. In conjunction with the development and execution of this Transition Plan, the City of Weslaco will modify, as needed, all of its public buildings fully accessible and in compliance with the ADA. The City of Weslaco provides service and maintenance to thirteen (13) facilities that have public access. These include City Hall, City Library, seven (7) Public Parks, Cemetery, and Police and Fire Department Buildings. Most of these might meet ADA based on the year of construction. However, requirements have changed with time. As part of the initial stage of this Transition Plan, the facilities will be inspected for ADA compliance and a plan of action will be implemented to adjust any inconsistencies. The Cityâ&#x20AC;&#x2122;s goal is to have fully accessible facilities within two (2) years. With respect to other facilities, such as sidewalks, the City of Weslaco hereby implements and adopts this revised Transition Plan in an effort to in good-faith comply with the ADA, and develop a plan whose goal is to bring all sidewalks within the City of Weslaco into compliance with applicable ADA standards. Based on previous improvements, and this Transition Plan, it is the desire of the City of Weslaco to provide accessibility for people with disabilities to the whole range of City services and programs. In conjunction with this, it is the intention of the City of Weslaco to remove all barriers to accessibility to all public facilities and sidewalks. The City recognizes that there are locations within the City that lack sidewalks or the lack of sidewalks with ADAÂ required curb ramps. Many of these conditions pre-date the ADA and any requirements under the ADA regarding accessibility, and thus, the City is not required to implement immediate improvements achieving ADA compliance. However, the City adopts this Plan to conduct a self- evaluation of its existing facilities and to develop a plan in order to achieve full compliance in the future. POLICY REGARDING INSTALLATION OF SIDEWALKS/CURB RAMPS IN AREAS OF PLANNED ROAD RE-CONSTRUCTION OR RENOVATION With regard to any future intersection to intersection road reconstruction or renovation projects, it will be the policy of the City of Weslaco to prioritize the installation of ADA compliant sidewalks and curb ramps adjacent to said road reconstruction or renovation over installation of sidewalks or curb ramps in areas in which no road re-construction or renovation is occurring. In achieving this policy, the City will undertake an analysis, as to each planned road reconstruction or renovation, as to whether the adjacent sidewalks and street are adequately accessible as required by the ADA; whether any necessary or needed sidewalk construction or alteration work needed to make the sidewalk ADA-compliant is disproportionate to the overall planned road renovation/reconstruction/alteration; and whether any necessary or needed sidewalk construction or alteration work needed to make the sidewalk ADA-compliant would constitute an undue financial and/or administrative burden to the City

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given the City's then existing financial situation. This prioritizing and analysis will also include an analysis of: whether the area is developed or newly developing; whether the area is commercial or residential; whether there is an existing sidewalk; and whether any existing sidewalk has current ADA compliant curb ramps. Any project that ultimately calls for the installation of a sidewalk and curb ramps, based on the above analysis, will include installation of curb ramps to the maximum extent possible so that a clear path of travel is provided. This path of travel, including the curb ramps, should be free of all obstructions or barriers to accessibility, including such obstructions as signs, signal light poles, fire plugs, trees, etc. OBJECTIVE REGARDING PLANNED SIDEWALK TRANSITION It is the objective of the City of Weslaco, in this Transition Plan, to make all sidewalks accessible in the future, regardless of whether roadwork is planned or contemplated adjacent to said sidewalks. The City of Weslaco will modify its own Sidewalk Ordinance. This ordinance will include the installation of ADA compliant sidewalks on all new construction and on renovations exceeding 40 percent of current construction. The City recognizes the need to ensure that all sidewalks are ultimately made fully accessible. Due to a limited budget and future budgetary uncertainties, the City cannot install all of the planned sidewalks and/or curb ramps at once and cannot produce a definitive timeline for total completion. It is the Cityâ&#x20AC;&#x2122;s initial intention, subject to budgetary uncertainties, to make all identified sidewalks fully accessible with curb ramps within 15 years. In attempting to achieve this objective, the City agrees to prioritize the installation of curb ramps in the following order: 1. Walkways serving State and local governmental offices and facilities; 2. Walkways serving bus stops and transportation services; 3. Walkways serving private businesses offering goods and services to the public and employees; 4. Walkways serving solely residential areas. With respect to said projects that are undertaken, they will include installation of curb ramps to the maximum extent possible so that a clear path of travel is provided. This path of travel, including the curb ramps, should be free of all obstructions or barriers to accessibility, including such obstructions as signs, signal light poles, fire plugs, trees, etc. Any and all proposed curb ramp/sidewalk improvements are subject to budgetary constraints and funding availability. In providing program access, including sidewalks, the City is not required to take any action that would result in a fundamental alteration to the nature of the service, program or activity in question or that would result in undue financial and administrative burdens. For this reason, this Transition Plan regarding sidewalk/curb ramp installation, priorities and timelines is subject to the City's financial situation, both as it exists today and moving forward into the future. Additionally, all proposed sidewalk projects and priorities contained within this Transition Plan are subject to an analysis of whether or not the proposed sidewalk improvements will result in undue financial and/or administrative burdens to the City.

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OBJECTIVE REGARDING INSTALLATION OF SIDEWALKS/CURB RAMPS BASED ON CITIZEN COMPLAINTS/REQUESTS Although sidewalk/curb ramp i m p r o v e m e n t s and i n s t a l l a t i o n will b e p r i o r i t i z e d as discussed above, the City recognizes that citizens may request that certain sidewalks be addressed or curb ramps be installed to sidewalks that may not conform to or be on the City's current priority list of improvements. The City welcomes a n y citizen i n p u t or requests r e g a r d i n g p r o p o s e d sidewalks that citizens believe need work or improvements from an ADA perspective. Any grievances regarding public facility ADA non-compliance or violations should be made and addressed to the City's ADA Coordinator, the Planning Director or designee i n conformance with the City's ADA Grievance Procedure. The City will conduct an evaluation of all citizen requests or grievances regarding sidewalk or public facility ADA compliance or violation, based on the factors and priorities discussed above in this Transition P l a n . Depending on the City's financial situation/budget at the time, the feasibility of said work, any financial or administrative burdens to the City in performing the work, and an analysis of the order of priorities as discussed above, the City will determine whether or not the citizen ADA grievance has merit, whether or not to address the grievance, when, where and how to address it, and where to prioritize the grievance based on the thenexisting list of sidewalk improvement priorities. The City will e n t e r t a i n all such citizen requests or grievances regarding sidewalk improvements or ADA compliance as discussed above and in accordance with the City's ADA grievance procedure. PLANNING AND CODE ENFORCEMENT DEPARTMENT The Planning Director or Designee will ensure that all new subdivisions include an ADA compliant sidewalk along the exterior perimeter of such. In addition, all interior streets will include a sidewalk at the time a building permit is required. Furthermore, any subdivision that has not been platted recently under the proposed sidewalk ordinance will require a sidewalk for each lot that is getting developed. For home renovations, however, proposed ordinance requires a sidewalk when more than 40% of the building is being modified.

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Standardized Agenda Request Form Date of Meeting: Agenda Item No. (to be assigned by CSO): November 11, 2014 VIII. J. From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Award the rehabilitation of City of Weslaco’ Water Towers located on Bridge Avenue and Kansas Avenue Background: Discussion in consideration to award the best qualified, most advantageous bidder for the City of Weslaco Water Towers located on Bridge Avenue and Kansas Avenue to Dunham Engineering, authorize the Mayor to execute all related documents and budget amendment as maybe required. Funding Source (budget code, if applicable): 51-549 Amount: Term of Impact: # Identified in Current Budget: One (1) year FY 2014-2015 Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Bid Tabulation, RFQ: Dunham Engineering Responsibilities upon Approval: Upon approval, City Secretary office will convey executed proposal to the Finance Dept. and forward a copy to the Public Utilities Department.

CSO1410

Key Project Personnel, 2 20 points

Project Team Organization, 3 20 points

Project Management Plans, 4 points

Evaluation done by:

Review Committee

100points

6 List of References, 5 points

Total Points

Kleinfelder, Inc. San Antonio, TX

EVALUATION FORM LNV Engineers McAllen, TX

Risk Management Strategies, 5 10 points

Corporate Background and Experience, 1 30 points

Dunham Engineering College Station, TX

Rehabilitation of Elevated Storage Tanks RFQ No.: 2013-14-12

City of Weslaco

Gonzalez De La Garza LLC San Antonio, TX

Tank Industrial Consultants Houston, TX

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Standardized Agenda Request Form Date of Meeting: Agenda Item No. (to be assigned by CSO): November 11, 2014 VIII. K. From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Request to upgrade CCTV system at City Hall to an IP CCTV and Install cameras at the Public Facilities Building. Company: Superior Alarm- BuyBoard Contract No.: 401-12 Background: Discussion and consideration to authorize Superior Alarm to upgrade CCTV system at City Hall to an IP CCTV platform consisting of two (2) NVR servers with the capability of handling 32 channels of analog cameras, install four (4) IP cameras at the parking lot to view the north parking strip and a DSX access control system add-on for the office door at the Water Department. Install cameras at the Public Facilities building which will be streamed back to City Hall and recorded on the Salient servers; authorize the Mayor to execute all related documents and budget amendment as maybe required. Funding Source (budget code, if applicable): Partial –FROST FUND $15,000.00 / Partial- WATER FUND $ 15,850.59/ Partial – GENERAL FUND $18,104.27 Amount: Term of Impact: #[ ] year(s) Identified in Current Budget: $48,954.86 FY 2014-2015 Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Superior Alarm- PROPOSALS Responsibilities upon Approval: Upon approval, City Secretary office will convey executed proposal to the Finance Dept. and forward a copy to the Public Utilities Department.

CSO1410

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Standardized Agenda Request Form Date of Meeting: Agenda Item No. (to be assigned by CSO): November 18, 2014 VIII. L. From (name, title, department and who submitting on behalf of, if any): Leonardo Olivares, City Manager Subject: Discussion & consideration to select sole bidder for City Attorney/Legal Service, RFQ Proposal No. 2014-15-05. Possible Action.

Background:

Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: 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: First publication: October 29, 2014 Second publication: November 5, 2014 Sealed proposals due: November 14, 2014 Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action:

Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): RFQ No. 2014-15-05 City Attorney-Legal Services Bid Tabulation Summary Sheet (sole bidder) Responsibilities upon Approval:

CSO1410

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REQUEST FOR QUALIFICATIONS:

RFQ NO. 2014-15-05 CITY ATTORNEY/LEGAL SERVICES Deadline: Friday, November 14, 2014 @ 3:00 PM CST

Qualification statements C/O Homer Rhodes Weslaco City Hall Purchasing Office 255 S. Kansas Avenue Weslaco, Texas 78596

Prepared by: Veronica Ramirez Human Resources Director October 21, 2014

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Request for Sealed Qualifications

The City of Weslaco hereby requests qualification statements for the following:

Attorneys or Law Firms Qualifications statements addressed to Homer Rhodes, will be accepted at the Weslaco City Hall Purchasing Office, 255 S. Kansas Avenue, Weslaco, Texas 78596, until 3:00 p.m. on November 14, 2014. No late statements will be accepted. Potential Respondents are advised that the proposal documents can be downloaded from the City of Weslaco web page address: www.weslacotx.gov, and may also be secured at the Weslaco City Hall Purchasing Office, 255 S. Kansas Avenue, Weslaco, Texas 78596, or by calling 956.447-2240. Be advised that if your company is contemplating on submitting a statement of qualification for this project you must contact the Purchasing Office, so that any changes/additions via addendum form can be forwarded to your company. (Please include your company name, address, e-mail, telephone and fax, and contact person). No electronic statement of qualifications will be accepted.

PLEASE NOTE: The selection of an attorney or firm to provide the described scope of services will not be made on cost alone, but may be made based on the consideration of qualifications-related factors contained in this Request for Qualifications. If selected as a finalist, you will be asked to make a presentation to the City Council. There is no expressed or implied obligation on the part of the City of Weslaco to reimburse responding firms for any expenses incurred in preparing or presenting a Request for Qualifications in response to this request.

City of Weslaco

Homer Rhodes, Purchasing Office hrhodes@weslacotx.gov

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GENERAL SCOPE OF SERVICES The City of Weslaco is a Home Rule municipal corporation, with a population of approximately 36,000. It provides a wide variety of public services to citizens and visitors in the Weslaco area. These include police, fire, public facilities, airport, community development, building inspections and code enforcement, parks and recreation, library, and other services. An important part of this service delivery relies on quality legal services. This scope of services will include the appointment of one individual or law firm to serve in the position of City Attorney, who will be appointed by and serve at the will and pleasure of the Weslaco City Commission. The legal services under consideration in this Request for Qualifications (RFQ) involve, but are not limited to: 1. Providing a variety of proactive, high-quality and timely legal services, opinions and representation to the City Commission, City Manager and City staff. 2. Attending regular meetings of the City Council (generally two per month – 1st and 3rd Tuesdays) and occasional special-called meetings (as needed). 3. Knowledge of Texas Public Records Act (TPRA) and Texas Open Meeting Act (TOMA). 4. Being intimately familiar with the City’s Code of Ordinances, applicable State and Federal laws, Local Government Code, Civil Service, Collective Bargaining and other applicable statutes and policies (e.g., as the City’s Personnel Policies and Procedures Manual, code enforcement process). 5. Providing advice to the City on a variety of legal matters. 6. Representing the City as City Attorney in legal matters. 7. Serving as the City Attorney by prosecuting violations of municipal ordinances. 8. Reviewing and/or drafting ordinances, resolutions, and other documents as requested by the City Council or City Manager. 9. Negotiating and administering contracts, as well as assisting with contract disputes (e.g., mediations, arbitrations). 10. Reviewing and making recommendations on a variety of projects and proposals which have legal ramifications.

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11. Maintaining an appropriate relationship with professional organizations in the field of municipal legal services. 12. Staying abreast and informing the City of new or proposed State and Federal legislation affecting the City. 13. Researching alternative approaches to resolving legal problems (i.e., Alternative Dispute Resolution). 14. Assisting and/or advising on the collection of delinquent revenues. 15. Providing proactive legal counsel on issues pertaining to personnel policies and procedures and providing counsel in all compliance employment matters such as, but not limited to State and Federal employment law, Workers Compensation, EEOC, FLSA, FMLA, ADEA, OSHA, and other requirements. 16. Prosecuting offenders in the municipal court, including preparation of all charges and complaints against, and appearing in the appropriate court in the prosecution of, every person charged with the violation of a municipal ordinance. 17. Assisting the Municipal Court as City Prosecutor and assisting the Municipal Court Coordinator. 18. Assisting the City Secretary in staying current on State and Federal Election Laws and administration of elections for the City. 19. Knowledge of land use laws and abilities of City to implement and administer such laws in conformance with State requirements and the City Commissionâ&#x20AC;&#x2122;s desire to improve such land use planning. 20. Knowledge of laws and experience with managing extraterritorial jurisdiction (ETJ) and annexations. 21. Attending zoning hearings and appeals. 22. Attending board of adjustment hearings and appeals. 23. Knowledge of laws and methods to facilitate effective code enforcement to improve deteriorating areas of the City, including demolition procedures and property maintenance code provision. 24. Knowledge of laws and experience in Development Corporation Act and applying Chapter 380 provisions to economic development projects. 25. Knowledge of laws and experience in working with Hotel Occupancy Taxes.

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26. Knowledge of laws and experience in working with utility districts, water supply corporations, and emergency services districts. Please list any clients, current or former, that you represent(ed) that could cause a conflict of interest with your responsibilities with the City of Weslaco, its officers or employees. Describe how you would be willing to resolve these or any future conflicts of interest.

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INFORMATION REQUIRED FOR STATEMENT OF QUALIFICATIONS

(Please

reproduce these questions when supplying your answers.)

The Statement of Qualifications must address the following criteria: 1. Name of firm, owner, address and telephone number. 2. Personnel Qualifications. Identify the key attorney who will serve in the position of City Attorney; provide their resume and summarize their experience. Provide the same for other attorneys (if any) in the firm who may assist with the provision of services. 3. Specialized Legal Services Competence. Provide information about the attorney and firm’s experience in providing legal services to municipal organizations. Provide at least three references from these organizations including names, contact persons and phone numbers. 4. Capacity and Capability. Provide information about the attorney and firm’s capacity and capability to perform on short notice and in a timely manner. If the appointed City Attorney is not available are there other means of responding to requests? 5. Approach To Communicating With The City. Describe the attorney and firm’s approach to communicating with the City in regard to progress reports, status reports, recommendations, status of opinions, etc. 6. Understanding of Services to Be Provided. Describe the attorney’s/firm’s understanding of the scope of work. 7. Work Schedule and Approach to Project Management. Provide a plan for service delivery, and an explanation of how tasks and projects are managed within the firm to insure timely response and completion. 8. Conflict of Interest. List any clients you currently represent that could cause a conflict of interest with your responsibilities as City Attorney for Giddings and describe how you would be willing to resolve these or any future conflicts of interest. 9. Fees. Please provide rates for providing the services described above. Note that the City of Weslaco is requesting fees to be submitted with two options: Option A: Monthly retainer plus hourly fees (indicate specific items to be covered by the retainer) Option B: Hourly fees for all work without a retainer. For hourly fees, please identify hourly rate of each attorney and support personnel, and indicate minimum increment of time billed for services. Also state rates for other cost items proposed to be itemized and billed. 10. Statement: The attorney or firm, by submitting a proposal, certifies that to the best of its knowledge or belief, no elected or appointed official of the City is financially interested, directly or indirectly, in their firm or in the purchase of services as described in this RFQ. They also certify that the information contained in the Statement of Qualifications is correct and complete to the best of their knowledge.

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Evaluation of Requests for Qualifications and Proposals: The City reserves the right to accept or reject any and all submissions in the best interest of the City. In connection with the evaluation, the City may invite one or more applicants to make an oral presentation to the City Council at a time and location to be announced and may require the submission of supplemental material intended to substantiate or clarify information previously submitted. The following information will be taken into consideration during the evaluation process: 1. Meets qualifications identified in the Request for Qualifications and Proposals. 2. Included complete and clear responses to items. 3. Familiarity with laws and regulations governing Texas local government and operating procedures relative to conduct of City business. 4. Demonstrated expertise in land use and zoning law as it relates to municipalities. 5. Available support staff and range of services offered. 6. Demonstration of workload capacity and a level of experience commensurate with the level of service required by the City. 7. The professional reputation for providing high-quality services, ability to work cooperatively with City Council, City Manager, City staff and demonstrates sound judgment, integrity, and reliability as determined by the references provided. 8. Cost of providing basic and hourly services as per the submitted hourly rate. 9. Results of interview. Selection Process: The City Council and City Manager will review the submitted proposals. After review, they will select finalists for interviewing and choose a finalist. After completing negotiations and contract process, City Council will appoint a City Attorney and award a contract. The City Attorney serves at the pleasure of the City Council and may be removed at any time by a majority vote of the Council. The individual or law firm that represents the city are not employees of the City; do not receive any City benefits, nor maintain an office provided by the City. The attorneys are independent contractors responsible for their own benefits, office expenses, malpractice insurance and staff. Time Line: 

First publication. The specifications will be available at 2 p.m. for interested parties at the Purchasing Department or http://weslacotx.gove/



Second publication



Sealed proposals are due at 3:00 p.m. at the Purchasing



Review Proposals and Select Finalists

TBA



Finalists Interviews with City Council

TBA



Complete Negotiations and Contract Process

TBA



Present Contract to Council for Final Approval

TBA

October 29, 2014

November 5, 2014 November 14, 2014

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FORMS

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NOTICE OF INTENT TO SUBMIT A STATEMENT OF QUALIFICATION

If you intend to submit a statement of qualification for CITY ATTORNEY/LEGAL SERVICES RFQ No.: 2014-15-05 with the City of Weslaco as outlined in the specifications, please indicate your intention by signing, dating, and returning this form to the address below prior to November 14, 2014, so that you may receive any addendums to the specifications should the need arise. Homer Rhodes Buyer II City of Weslaco Purchasing Department 255 S. Kansas Weslaco, Texas 78596 Phone :(956) 447-2240 Fax: (956) 969-8452 hrhodes@weslacotx.gov

Name: (print)

Signature:

Title:

Company/Agency:

Mailing Address:

City/State/Zip:

Phone:

Fax:

Email:

RFP No.: 2014-15-05

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City of Weslaco CITY ATTORNEY/LEGAL SERVICES RFQ No. 2014-15-05 RFQ Opening: November 14, @ 3:00 p.m. Any and all questions concerning this proposal should be addressed on this form. Proposal Name: Proposal Number: Page#: Question:

Company: Signature: Date: Phone: Fax:

Section:

Paragraph:

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RFP NO. 2014-15-05 CITY ATTORNEY/LEGAL SERVICES ANTI-COLLUSION CERTIFICATION By submission of this proposal, the Proposer certifies that: 1. This request for qualifications has been independently arrived at without collusion with any other

Proposer or with any competitor;

2. This request for qualifications has not been knowingly disclosed and will not be knowingly

disclosed, prior to the opening of proposals for this project, to any other proposer competitor or potential competitor;

3. No attempt has been or will be made to induce any other person, partnership or corporation to

submit or not to submit a proposal;

4. The person signing this request for qualifications certifies that he has fully informed himself

regarding the accuracy of the statements contained in this certification, and under the penalties being applicable to the proposer as well as to the person signing in its behalf.

Date Submitted:

_______________________________________________

Company Name:

_______________________________________________

Authorized Signature:

_______________________________________________

Type Signatoryâ&#x20AC;&#x2122;s Name:

_______________________________________________

Signatoryâ&#x20AC;&#x2122;s Title:

_______________________________________________

Company Address:

_______________________________________________

City/State/Zip Code:

_______________________________________________

Agent Name:

_______________________________________________

Agent Address:

_______________________________________________

Phone Number:

_______________________________________________

Fax Number:

_______________________________________________

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CONFLICT OF INTEREST QUESTIONNAIRE

FORM CIQ

For vendor or other person doing business with local governmental entity th

This questionnaire reflects changes made to the law by H.B. 1491, 80 Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176 Local Government Code by a person who has a business relationship as defined by section 176.001 (1-a) with a local governmental entity and the person meets requirements under Section 176.006(a).

OFFICE USE ONLY Date Received

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, local Government Code. An offensive under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2

Check this box if you are filling an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than th the 7 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name of local government officer with whom filer has employment or business relationship.

_____________________________________________ Name of Officer This section, (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1-a), Local Government Code. Attach additional pages to this form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes

B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes

C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes

D. Describe each employment or business relationship with the local government officer named in this section.

4 Signature of person doing business with the governmental entity

Date

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CONFLICT OF INTEREST QUESTIONNAIRE

FORM CIQ

For vendor or other person doing business with local governmental entity th

This questionnaire reflects changes made to the law by H.B. 1491, 80 Leg., Regular Session.

OFFICE USE ONLY Date Received

Name of person who has a business relationship with local governmental entity. NONE Check this box if you are filling an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than th the 7 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name of local government officer with whom filer has employment or business relationship.

_________________NONE____________________________ Name of Officer This section, (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1-a), Local Government Code. Attach additional pages to this form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes

D. Describe each employment or business relationship with the local government officer named in this section.

COMPANY NAME, SIGNATURE OF BIDDER OR PROPOSER

DATE

Signature of person doing business with the governmental entity

Date

*THIS SAMPLE FORM IS ONLY TO BE USED IF THERE IS NO BUSINESS RELATIONSHIP WITH A CITY OR WITH A CITY OFFICIAL.

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REQUEST FOR QUALIFICATIONS

CITY ATTORNEY/LEGAL SERVICES

Proposal No. 2014-15-05

City of Weslaco 255 S. Kansas Weslaco, Texas 78596

Proposal Submission Date:

November 14, 2014 at 3:00 p.m. CST

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RFQ No. 2014-15-05 City Attorney/Legal Services Bid Tabulation Summary Sheet Francisco J. Garza Attorney and Counselor at Law 1300 N. 10th Street, Suite 450 McAllen, Texas 78501 P: 956-627-0490 F: 956-627-0393 E-mail: mgarza@fjgarzalaw.com Option A

Total monthly retainer: $30,000.00 (Breakdown below)

Option B

On an hourly basis without a monthly retainer. Includes 40 hours of work per week on all the general scope of services attached to the RFQ.

$25,000.00 Monthly retainer fee includes a minium of 40 hours of work per week on all the General Scope of Services attached to the RFQ except Numbers 7, 16 and 17 (City Prosecuting) until retainger of $27,000.00 is exhausted. Any additional hours will be billed at the rate below. $5,000.00 monthly retainer for 7, 16, and 17 (City Prosecuting) on the General Scope of Service attached to the RFQ.

Attorney: Partners: $200.00 Per Hour Associates: $150.00 Per Hour Paralegal/Legal Assistant Hourly Rate: $75.00 Expenses: Datebase Research - Direct Cost or Allocation or Direct Cost (varies based on search type) Deliveries/In-House Courier - No Charge Photocopies - $0.10 per page Postage - Direct Cost Facsimile - No Charge Telephone/Long Distance - Direct Cost

Attorney: Partners: $250.00 Per Hour Associates: $170.00 Per Hour Paralegal/Legal Assistant Hourly Rate: $100.00 Expenses: Datebase Research - Direct Cost or Allocation or Direct Cost (varies based on search type) Deliveries/In-House Courier - No Charge Deliveries/Outside - Direct Costs Photocopies - $0.10 per page Postage - Direct Cost Facsimile - No Charge Telephone/Long Distance - Direct Cost

Mileage (Personal vehicle) Applicable IRS allowable rate per mile

Lodging - Direct Cost Meals - Direct Cost Car Rental/Airline/Rail/Etc. - Direct Cost

*Rates are for a period of at least one year and are subject to change based on any increased involved in providing these *Travel time will be billed respective to attorney or legal assistant rate.

I I

Weslaco City Commission Regular Meeting

Page 161 November 18, 2014

STATE OF TEXAS

CONTRACT FOR FINES

COUNTY OF HIDALGO

AND FEES COLLECTION

CITY OF WESLACO

SERVICES

hereinafter AGREEMENT is made and entered into by and municipal corporation 255 S Kansas Weslaco Texas through its governing body hereinafter Sampson LLP hereinafter styled styled CLIENT and Linebarger Goggan Blair

FIRM

THIS

CONTRACT

between

of Weslaco a home ruled 78596 acting herein by and

the

City

Article I Nature

ofRelationship and Authority for

Contract

Ii i

Ol 1

The

parties

relationship

hereto

acknowledge

that this AGREEMENT creates

client attorney

between CLIENT and FIRM

02 1

The

hereby employs the FIRM compensation hereinafter provided

CLIENT

described for

provide

the

services

hereinafter

This AGREEMENT is entered into pursuant to and Texas Code of Criminal Procedure

03 1

authorized

by Subsection

0031 103 a of ART

Article 2

Scope of Services i

01 2

CLIENT agrees to employ and does hereby employ FIRM to provide specific provided herein and enforce the collection of delinquent court fees and

legal

services

fines

that

are

subject

described herein Such

this

legal

AGREEMENT

pursuant

the

terms

and

conditions

services shall include but not be limited to recommendations

legal advice to CLIENT to take legal enforcement action representing CLIENT in dispute or legal challenge over authority to collect such court fees and fines defending CLIENT in litigation or challenges of its collection authority and representing CLIENT in collection interests in anlcr ptcy matters as determined by FIRM and CLIENT This AGREEMENT supersedes all prior oral and written agreements between the parties regarding court fees and fines and can only be amended if done so in writing and signed by all parties Furthermore this contract cannot be transferred or assigned by either party without the written consent of all parties and any

i i

I i li I

i I i

I I i

02 2

The

CLIENT

should be taken are

subject

may

from time to

specify

writing

additional actions that

the FIRM in connection with the collection of the fines and fees that

this AGREEMENT CLIENT further constitutes and

appoints

the FIRM

CLIENTs attorneys to sign all legal instruments pleadings drafts authorizations and s claims papers as shall be reasonably necessary to pursue collection of the CLIENT

I I

Weslaco City Commission Regular Meeting

Page 162 November 18, 2014 03 2

Fines and fees that are subject to this AGREEMENT are those that are more than sixty 60 days past due as of the effective date hereof and those that become more than sixty 60 days past due during the term hereof As used in this section more than 60 days past due has that meaning assigned by Subsection fl of Art 003 l Texas Code 103 of Criminal Procedure as amended by Senate Bill 782 78th Legislature 2003 effective Junel8 2003 The meaning assigned to the phrase more than 60 days past due shall for the term and purposes of this AGREEMENT survive any future amendments to or repeat of Article 103 0031 Texas Code of Criminal Procedure or any parts thereof

04 2

The CLIENT agrees to provide to the FIRM data regarding any fines and fees that to this AGREEMENT The data shall be provided by electronic medium in a file format specified by the FIRM The CLIENT and the FIRM may from time to

are

subject

agree in writing to modify this format The CLIENT shall less frequently than e g weekly monthly etc

provide the data

the FIRM

not

05 2 The FIRM in all communications seeking the collection of fines and fees shall direct all payments directly to the CLIENT at an address designated by the CLIENT If any fines and fees are paid to the FIRM said payments shall be expeditiously turned over to the CLIENT Article 3

Compensation

I 01 3

The CLIENT agrees to pay the FIRM

compensation for the services required

hereunder

a Zero 0 percent

AGREEMENT

during

set

forth

of all

the

Section

fines

03 2

the term of this AGREEMENT and that

Texas Code of Criminal

and

fees

above that were

subject are

the

collected

terms

the

incurred under Art 103 0031

Procedure as a result of the commission of offense committed before June 18 2003 and

of this

CLIENT

criminal

2 a or

civil

b thirty 30 percent

of the total amount of all other fines and fees exclusive by the CLIENT pursuant to Subsection b of Article 103 Texas Code of Criminal Procedure subject to the terms of this AGREEMENT 0031 as set forth in Section 2 03 above that are collected by the CLIENT the term of

of any

collection

fee assessed

during

this AGREEMENT All compensation shall become the property of the FIRM at the time payment of the fines and fees is made to the CLIENT I

02 The CLIENT shall pay the FIRM by the twentieth day of each month all 3 compensation earned by the FIRM for the previous month as provided in this Article 3 The CLIENT shall provide an accounting showing all collections for the previous month with the remittance

I I I I

Weslaco City Commission Regular Meeting

Page 163 November 18, 2014

Article 4

Intellectual

01 4

The CLIENT

Property Rights

recognizes and acknowledges that the

FIRM

owns

all

right title

and

interest in certain

proprietary software that the FIRM may utilize in conjunction with performing the services provided in this AGREEMENT The CLIENT agrees and hereby grants to the FIRM the right to use and incorporate any information provided by the CLIENT CLIENT Information to update the databases in this proprietary software and notwithstanding that CLIENT Information has been or shall be used to update the databases in this proprietary software further stipulates and agrees that the CLIENT shall have no rights or ownership whatsoever in and to the software or the data contained therein except that the CLIENT shall be entitled to obtain a copy of such data that s accounts at any time directly relates to the CLIENT 02 4

The

FIRM

that

it will

disclose

specific confidential organization or agency without the prior written consent of the CLIENT except as may be required by law or where such information is otherwise publicly available It is agreed that the FIRM shall have the right to use CLIENT Information for internal analysis improving the proprietary software and database and generating aggregate data and statistics that may inherently contain CLIENT Information These aggregate statistics are owned solely by the FIRM and will generally be used internally but may be shared with the FIRM s affiliates s software and partners or other third parties for purposes of improving the FIRM CLIENT

agrees

Information

with

any

other

not

company

any

individual

services Article 5 Costs 01 5

The

FIRM and CLIENT recognize that certain costs may be incurred in the 02 above or in providing any additional services contemplated in Section 2 providing any special litigation services The CLIENT agrees that all such costs shall be billed to the CLIENT but that the FIRM will either i advance such costs on behalf of the CLIENT or ii when possible arrange with the vendor or agency providing the service that the costs of ser ices will not be paid unless and until such costs are recovered by the CLIENT from the debtor

process of

02 5

The CLIENT acknowledges that the FIRM may provide such services with its employees or with other entities or individuals who may be affiliated with the FIRM but the FIRM agrees that any charges for such services will be reasonable and

own

consistent with what the

same

services would cost if obtained from

third party

03 5 The CLIENT agrees that upon the recovery of such costs the CLIENT will I pay the FIRM for any such costs that have been advanced by the FIRM or performed by the FIRM and H pay any third party agency or vendor owed for performing such

services

Weslaco City Commission Regular Meeting

Page 164 November 18, 2014

Article 6 Term and Termination

01 6 and

This AGREEMENT shall be effective February l 2010 the Effective Date expire on January 31 2011 the Expiration Date unless extended as

shall

hereinafter 02 6

provided

Unless

prior

sixty 60 days before writing that it does

FIRM notifies the other in

its

initial

the

Expiration Date

not wish to continue

the CLIENT

the

this AGREEMENT

this AGREEMENT shall be automatically extended for an period without the necessity of any further action by either party In the absence of any such sixty 60 day notice by either the CLIENT or the FIRM the AGREEMENT shall continue to automatically renew for additional and successive one year terms in the same manner at the end of each renewal period

beyond

additional

one

term

year

03 6 If at any time during the initial term of this AGREEMENT or any extension s performance under this AGREEMENT hereof the CLIENT determines that the FIRM is unsatisfactory the CLIENT shall notify the FIRM in writing of the CLIENT s determination The notice from the CLIENT shall specify the particular deficiencies that the CLIENT has observed in the FIRM s performance The FIRM shall have sixty 60 days from the date of the notice to cure any such deficiencies If at the conclusion of that s sixty 60 day remedial period the CLIENT remains unsatisfied with the FIRM performance the CLIENT may terminate this AGREEMENT effective upon the expiration of thirty 30 days following the date of written notice to the FIRM of such termination Termination Date

Whether this AGREEMENT expires or is terminated the FIRM shall be entitled continue to collect any items and to pursue collection of any claims that were referred to and placed with the FIRM by the CLIENT prior to the Termination Date or Expiration 04 6

Date for

additional

ninety 90 days following termination or expiration The CLIENT compensated as provided by Article 3 for any such item or during the ninety 90 day period

agrees that the FIRM shall be

pending 05 6

matters

The CLIFNT agrees that the FIRM shall be reimbursed for any costs advanced paid for any services performed pursuant to Article 5 when such costs are

and shall be recovered

or on

behalf of the CLIENT regardless of the date recovered It is expressly expiration nor the termination of this AGREEMENT constitutes a

agreed

that neither the

waiver

by the

such services

FIRM of its entitlement to be reimbursed for such costs and to be

It is further

period under Section

04 6

expressly agreed that the expiration of does not constitute any such waiver by the

any

paid for ninety 90 day

FIRM

Article 7

Miscellaneous 01 7

Subcontracting

The

FIRM

may

from

to time

obtain

counsel co

Weslaco City Commission Regular Meeting

Page 165 November 18, 2014

subcontract cases

some

provided for herein to other law firms or entities In such supervisory control and responsibility for any services

of the services

the FIRM will retain

counsel or subcontractors and shall provided by such co counsel or subcontractor compensation due to any such co Arbitration Any controversy between the

02 7

the construction

application

parties

responsible

to pay any

this AGREEMENT

of any of the terms covenants

involving

conditions of this

AGREEMENT shall on the written request of one party served on the other be submitted to arbitration and such arbitration shall comply with and be governed by the provisions of the Texas General Arbitration Act 03 7 Integration This AGREEMENT contains the entire AGREEMENT between the hereto and may only be modified in a written amendment executed by both

parties parties

Representation of Other Governmental Entities The CLIENT acknowledges and consents to the representation by the FIRM of other governmental entities that may be s as the seeking the payment of fines and fees or other claims from the same person 04 7

CLIENT 05 7

Notices For purposes of

sending

any notice under the terms of this contract all

notices from CLIENT shall be sent to FIRM by certified United States mail by hand or by courier and addressed as follows

Linebarger Goggan Blair

Sampson

delivered

LLP

Attention Director of Client Services O Box 17428 P

7428 Austin Texas 78760 All notices from the FIRM to the CLIENT shall be sent to CLIENT by certified United States mail or delivered by hand or by courier and addressed as follows Attention

City Manager

Leonardo Olivarez Citv of Weslaco

255 S Kansas

Weslaco TX 78596 EXECUTED ON the

day of

2010

Cit

f Weslaco

Buddy

Mayor

de 1

Rosa R Ph

Weslaco City Commission Regular Meeting

Page 166 November 18, 2014

ATTEST

Amanda C Elizondo CITY SECRETARY

APPROV

Ramon

TO FORM

Vela CITY ATTORNEY

Linebarger Goggan Blair

For the

FIRNA

Sampson

LLP

Weslaco City Commission Regular Meeting

Page 167 November 18, 2014

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Weslaco City Commission Regular Meeting

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