14 09 02 agenda supplements

Date of Meeting: September 2, 2014

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

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

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

Discussion: A. Mayor will Call to Order and certify Public Notice. B. Pastor Rene Vega from Laborers of Love and Hope will give the invocation. C. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. D. City Secretary will call roll.

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

Standardized Agenda Request Form

Weslaco City Commission Regular Meeting

September 2, 2014

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City of Weslaco “The City on the Grow”

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

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

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

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

Fidel L. Pena, III, Commissioner, District 6

Leonardo Olivares, City Manager

The Pledge of Allegiance to the Flag

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

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

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

STATEMENT OF VISION: AN INTERNATIONAL CENTER OF GROWTH

Friendly people with vision, courage and integrity

STATEMENT OF MISSION: COMMITMENT TO EXCELLENCE IN PUBLIC SERVICE

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


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Minutes of the Regular Meeting of the Weslaco City Commission on August 19, 2014 Page 1 of 8

A REGULAR MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, AUGUST 19, 2014

On this 19th day of August 2014 at 5:31 p.m., the City Commission of the City of Weslaco, Texas convened in a Regular Meeting at City Hall in the Legislative Chamber, located at 255 South Kansas Avenue with the following members present: Mayor David Suarez Mayor Pro-Tem J.F. “Johnny” Cuellar Commissioner David R. Fox Commissioner Olga M. Noriega Commissioner Gerardo “Jerry” Tafolla Commissioner Lupe Rivera Commissioner Fidel L. Pena, III

City Manager Leonardo Olivares

City Secretary Elizabeth M. Walker Interim City Attorney Juan Guerra Also present: Juan Salas, IT Department; Bret Mann, Finance Director; David Salinas, Public Utilities Director; Mardoqueo Hinojosa, City Engineer/Interim Planning Director; Joe Pedraza, Health Official; Interim Chief Sergio Ramirez, Police Department; Rudy Garza, Fire Department; Veronica Ramirez, Human Resources Director; Olga Garza, Public Facilities Assistant Director; Sonia Flores, Finance Assistant Director, Gloria Givilancz, Grants Compliance Coordinator, 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, August 15, 2014.

B. Invocation. Elizabeth Walker, City Secretary, delivered the invocation.

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

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

II. PUBLIC COMMENTS No comments were received.

III. PUBLIC HEARINGS

A. To solicit input on the proposed municipal tax rate of $0.6867/$100.00 valuation,


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the same rate as last year, for fiscal year 2014-2015 and schedule a record vote September 2 and 16, 2014.

B. To solicit input on behalf of Marlen Garza, owner and Adela Mireles Gonzalez for a Conditional Use Permit to operate a daycare at 1411 W. 18th Street, also being the N212.07’-W205.40 FT 732 1AC GR 0.88AC Net, West Tract Subdivision, Weslaco, Hidalgo County, Texas.

C. To solicit input on behalf of Dolgencorp of Texas, Inc. dba Dollar General Store #14456 for a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off-Premise Permit at 2100 S. Texas Blvd., also being Lot 1, RSBR Weslaco (FM 88) Subdivision, Weslaco, Hidalgo County, Texas. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to open public hearings concurrently at 5:35 p.m. The motion carried unanimously; Mayor Suarez was present and voting. The City Manager stated the proposed municipal tax rate of $0.6867/$100.00 valuation is the lowest tax rate of the Mid-Valley area. He recommended approval of this tax rate, with two readings of the ordinance scheduled September 2 and 16. Mr. Bret Mann clarified after this hearing, the Commission cannot raise the rate, only lower it. No comments were received from the public. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to close the public hearings concurrently at 5:39 p.m. The motion carried unanimously; Mayor Suarez was present and voting.

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

A. Approval of the Minutes of the Regular Meeting on August 5, 2014. (Staffed by City Secretary’s Office.) Attachment.

B. Approval of the renewal of the Lease Agreement with the Weslaco Youth Football League for the use of Isaac Rodriguez multi-purpose fields and Harlon Block Sports Complex practice area, for a term of four (4) months September 1 - December 31, 2014 and authorize the Mayor to execute any related documents. (Staffed by Parks & Recreation Department.) Attachment.

C. Approval of the renewal of the Lease Agreement with the DWM United Soccer Club to include use of the City Park Soccer Fields for a term of four (4) months September 1 - December 31, 2014 and authorize the Mayor to execute any related documents. (Staffed by Parks & Recreation Department.) Attachment.

D. Approval of the renewal of the Lease Agreement with the Mid Valley Youth


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Soccer League for the use of the Soccer Fields at the Harlon Block Sports Complex Park as described in Exhibit “A” for a term of four (4) months beginning September 1, 2014 and ending December 31, 2014, and authorize the Mayor to execute any related documents. (Staffed by Parks & Recreation Department.) Attachment.

E. Approval of the request from H-E-B to place banner promoting Feast of Sharing at intersection of Texas and Pike Boulevards and authorize the Mayor to execute any related documents as may be required by the Texas Department of Transportation. (Staffed by Parks & Recreation Department.) Attachment.

F. Authorization of the solicitation of proposals for the Rehabilitation of Lift Station 37, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Staffed by Public Utilities Department.) Attachment.

G. Approval of the renewal of the partnership with Texas A&M University – Kingsville (TAMUK) and the Task Force by participating in the Texas Commission on Environmental Quality (TCEQ) Non-Point Source Program FY 2015 Clean Water Act Section §319(h) Grant program, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Staffed by Public Utilities.) Attachment.

H. Approval of Amendment #1 to the 2014 Interlocal Agreement with the County of Hidalgo for the implementation of the Community Development Block Grant (CDBG) under Grant No. B-13-UC-48-0501 setting the City’s allotment at $302,528.00 for activities to be carried out in the City’s jurisdiction, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Agreement approved June 17, 2014; Staffed by City Manager’s Office.) Attachment.

I. Authorization of the solicitation of proposals for automated irrigation system for detention easement area granted by Weslaco Independent School District. (Staffed by Planning and Code Enforcement Department.) Attachment.

J. Authorization of the solicitation of sealed bids for two (2) 1996 – 1998 Used Dump Trucks with a 5–15 yard capacity, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Staffed by Public Facilities.) Attachment.

K. Approval of a budget amendment in an amount not to exceed $15,000.00 for Fiscal Year 2014 from the Water Fund (51) to the General Fund (01) for the Maintenance of Streets and Motor Fuel and Lube expenses for the Streets & Drain Ditch Maintenance divisions. (Staffed by Public Facilities.) 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.

V. OLD BUSINESS


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A. Discussion and consideration to approve a Professional Services Agreement to prepare the City of Weslaco Five Year Comprehensive Plan and the Master Drainage Plan, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (There was no action on this item August 5, 2014; Staffed by Planning and Code Enforcement Department.) Attachment. The City Manager stated the last update was made in 2006 and 2008 for the Master Drainage Plan and Five Year Comprehensive Plan, respectively. Though he previously recommended paving instead, since those funds had been programmed there is funding available from the Certificate of Obligation as identified last year. He recommended funding these projects at this time and to contract with Gonzalez de la Garza to complete them. In response to Commissioner Noriega, the City Manager clarified that Gonzalez de la Garza had not submitted their qualifications during the Request for Qualifications process, however, he recommends this firm. In response to Mayor Suarez, Interim City Attorney Juan Guerra stated the only potential legal repercussion in his opinion would be a null and void contract; the City would not be liable in any other way. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried with Mayor Suarez and Commissioners Pena and Noriega against (4-3).

B. Discussion and reconsideration 1) to extend current policies, 2) authorize self-insured options, or 3) authorize staff to solicit proposals from qualified insurance carriers for Group Health Insurance and authorize the Mayor to execute any related documents. Possible action. (Commission extended policy August 5, 2014; Staffed by Human Resources.) Attachment. The City Manager recommended to solicit proposals from qualified insurance carriers for Group Health Insurance, as the current contract with Aetna cannot be extended past September 30, 2014. The Interim City Attorney added there was no language in the contract to extend the current policy, so based on a memorandum written by Ramon Vela, he recommended to authorize staff to solicit proposals. The Mayor Pro-Tem stated alternatively the City may enforce the 15% increase as offered by Aetna and keep to the schedule. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to authorize staff to solicit proposals from qualified insurance carriers for Group Health Insurance and authorize the Mayor to execute any related documents. The motion carried unanimously; Mayor Suarez was present and voting.

VI. NEW BUSINESS

A. Discussion and consideration on behalf of Marlen Garza, owner and Adela Mireles Gonzalez to approve a Conditional Use Permit to operate a daycare at 1411 W. 18th Street, also being the N212.07’-W205.40 FT 732 1AC GR 0.88AC Net, West Tract Subdivision, Weslaco, Hidalgo County, Texas and authorize the Mayor to


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execute any related documents. Possible action. (A three-fourths vote is required to approve in accordance with the Weslaco Code of Ordinances §150-20(d) as twenty-percent of affected property owners protested; Staffed by Planning and Code Enforcement Department.) Attachment. The City Manager noted the Planning and Zoning Commission recommended approval with conditions, including proof of licenses, hours of operation 7:00 a.m. – 5:30 p.m., and fencing. Mr. Mardoqueo Hinojosa clarified it is a different operator, though same location as a previous daycare at the site and satisfies zoning requirements for R-1. 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.

B. Discussion and consideration on behalf of Dolgencorp of Texas, Inc. dba Dollar General Store #14456 to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off-Premise Permit at 2100 S. Texas Blvd., also being Lot 1, RSBR Weslaco (FM 88) Subdivision, Weslaco, Hidalgo County, Texas, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment. The City Manager noted the Planning and Zoning Commission and staff recommended approval of this conditional use permit; the notice was published in the newspaper on July 21, 2014. Commissioner Pena, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

C. Discussion and consideration to approve Ordinance 2014-10, the “Peddlers and Solicitors Ordinance,” in order to amend ordinance number 96-14, codified as Part II Chapter 102 of the Weslaco Code of Ordinances, adopting new regulations, repealing prior ordinances and providing for servability. First Reading of Ordinance 2014-10. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment. There was no action on this item.

D. Discussion and consideration to authorize the purchase of components for the 5300 Mammoth Rotor for the South Wastewater Treatment Plant, from a sole source vendor EVOQUA Water Technologies LLC for the amount not to exceed $49,800.00 as per quote No. 06-25-2014-MR-FR, authorize a budget amendment as appropriate and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities.) Attachment. The City Manager recommended replacement of the rotor, as two out of five rotors currently are not working. Mr. David Salinas clarified the rotors have only a one year warranty; the proposed action replaces one rotor with the other proposed for replacement October 1.


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Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

E. Discussion and consideration to approve the Election Services Contract with the Hidalgo County Elections Department to conduct the Joint City of Weslaco and Weslaco Independent School District General Election of November 4, 2014 pursuant to Texas Election Code Chapter 271, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Office of the City Secretary.) Attachment. Commissioner Pena, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

F. Discussion and consideration to approve payment to Amigos del Valle, Inc. and authorize a budget amendment as appropriate. Possible action. (Requested by Commissioner Noriega and Mayor Suarez.) The City Manager reported a check was issued Friday in payment to Amigos del Valle, Inc. There was no action on this item.

VII. REPORT

A. Update on the ongoing operation of the Weslaco Animal Shelter and the 2014-2015 Intergovernmental Cooperative Agreement with Palm Valley Animal Center. (Requested by Mayor Pro-Tem Cuellar and Commissioner Pena.) Health Official Joe Pedraza reported on the ongoing operation of the Weslaco Animal Shelter, stating that a meeting of the Weslaco Animal Shelter Advisory Board is scheduled for August 25, 2014 to discuss creating a social media site, as well as collaborating with local animal rescue groups, including Forgotten Friends and Recycled Rovers Rescue to help limit the number of animals being euthanized. He clarified that the facility follows a program year, commencing in May, and noted that 90% of the animals processed through the facility are owner-relinquished. In response to Commissioner Noriega, Mr. Pedraza stated that he would assign personnel to post pictures of lost and found pets online while meeting other work priorities. Commissioner Noriega recommended advertising for volunteers to help. Commissioner Pena requested to have a follow-up report at the next regular meeting to discuss the updates on the program.

VIII. EXECUTIVE SESSION

At 6:44 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 8:17 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public.


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IX. POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION

A. Contract Negotiations – Discussion with the City Manager and City Attorney

relating to the City’s rights, duties, privileges, and obligations in connection to the Collective Bargaining Agreement with the IAFF-WFFA Local 3207 as authorized by §551.071 of the Texas Government Code. There was no action on this item.

B. 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. (Requested by Mayor Suarez.) There was no action on this item.

C. Pending Litigation - Consultation with City Attorney regarding in re No. P-35,821 In the Estate of Fernando Saenz, Deceased, in the Probate Court of Hidalgo County, Texas as authorized by §551.071 of the Texas Government Code. There was no action on this item.

X. ADJOURNMENT With no other business before the Commission, at 8:17 p.m. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to adjourn the August 19, 2014 regular 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, J.F. “Johnny” Cuellar

COMMISSIONER, David R. Fox

_______ COMMISSIONER, Olga M. Noriega COMMISSIONER, Gerardo “Jerry” Tafolla


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COMMISSIONER, Lupe Rivera COMMISSIONER, Fidel L. Pena, III


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Minutes of the Special Meeting of the Weslaco City Commission on August 26, 2014 Page 1 of 5

A SPECIAL MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, AUGUST 26, 2014

On this 26th day of August 2014 at 5:30 p.m., the City Commission of the City of Weslaco, Texas convened in a Regular Meeting at City Hall in the Legislative Chamber, located at 255 South Kansas Avenue with the following members present: Mayor David Suarez Mayor Pro-Tem J.F. “Johnny” Cuellar Commissioner Olga M. Noriega Commissioner Gerardo “Jerry” Tafolla Commissioner Lupe Rivera Commissioner Fidel L. Pena, III

City Manager Leonardo Olivares

City Secretary Elizabeth M. Walker City Attorney Ramon Vela Also present: Juan Salas, IT Department; Bret Mann, Finance Director; David Salinas, Public Utilities Director; Mardoqueo Hinojosa, City Engineer/Interim Planning Director; David Arce, Parks and Recreation Director; Interim Chief Sergio Ramirez, Police Department; Rudy Garza, Fire Department; Veronica Ramirez, Human Resources Director; Olga Garza, Public Facilities Assistant Director; Martin Mata, 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, August 22, 2014.

B. Pledge of Allegiance. A citizen led an impromptu invocation. 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 the absence of Commissioner Fox; Commissioner Tafolla arrived at 5:31 p.m.

II. PUBLIC COMMENTS

Mr. David Salinas, Public Utilities Director, stated that the Boil Water Notice issued Sunday evening has since been rescinded and the water pressure has been restored. He requested that citizens continue to conserve water.

III. PUBLIC HEARINGS

A. To solicit input on the proposed municipal tax rate of $0.6867/$100.00


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valuation, the same rate as last year, for fiscal year 2014-2015 and schedule a record vote September 2 and 16, 2014. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to open the public hearing at 5:35 p.m. The motion carried unanimously; Mayor Suarez was present and voting. The City Manager stated the proposed municipal tax rate of $0.6867/$100.00 valuation is the lowest tax rate of the Mid-Valley area, which he hopes to incrementally lower over the ten-year plan. The effective rate is $0.6562. He recommended approval of this tax rate. No comments were received from the public. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to close the public hearing at 5:39 p.m. The motion carried unanimously; Mayor Suarez was present, but not voting.

IV. APPOINTMENTS

A. Discussion and possible action to approve Resolution 2014-37 and Resolution 2014-38 to remove two (2) members of the Parks & Recreation Advisory Board and fill the unexpired terms of the members. (Staffed by Parks & Recreation Department.) Attachment. The City Manager explained that these appointments are being considered because two current members have missed at least three meetings. The Mayor Pro-Tem noted these are two of the longest-serving members on that board and requested they be contacted about their absence and confirm if they desire to continue to serve. Mayor Pro-Tem Cuellar, seconded by Commissioner Pena, moved to table this item until September 2, 2014. The motion carried unanimously; Mayor Suarez was present and voting.

V. NEW BUSINESS

A. Discussion and possible action to approve a Memorandum of Understanding from Valley Nature Center to reimburse the City of Weslaco for the following Change Orders for the Valley Nature Center Construction Project: C.O. #002 ($325.00) for Exhaust Fan/Relocate Electric Switch, C.O. #003 ($625.00) to Relocate A/C temperature and Co2 sensors, C.O. #005 ($2,580.00) for wrought iron fencing/gate, and C.O. #009-R1 ($2,700.00) for wall tile at drinking fountain wall area for back splash purposes, authorize a budget amendment as appropriate and authorize the Mayor to execute any related documents. (Staffed by Public Facilities.) Attachment. The City Manager recommended approval of this agreement so that the Valley Nature Center may reimburse certain change orders; however, the


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approval of the agreement would be contingent on the approval of the corresponding items following on this agenda. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

B. Discussion and possible action to approve Change Orders #001-R1 ($17,789.56) for Granite Tops/New Cabinets, C.O. #002 ($325.00) for Exhaust Fan/Relocate Electric Switch, C.O. #003 ($625.00) to Relocate A/C temperature and Co2 sensors, C.O. #004 ($12,956.40) for engineering grading plan, C.O. #005 ($2,580.00) for wrought iron fencing/gate, C.O. #006 ($13,200.00) for a monument sign, C.O. #007 ($3,200.00) for wood trim at staff utility, C.O. #008 ($4,100.00) for water protection above door no. 114B & south wall, C.O. #009-R1 ($2,700.00) for wall tile at drinking fountain wall area for back splash purposes, C.O. #010 ($2,500.00) for access holes at the large classroom and Exhibit Hall, C.O. #011 ($6,550.00) for demolition and removal of the current ramp and installation of a new ramp, C.O. #012 ($2,100.00) to install two cut-off switches at water collection tanks, C.O. #013 ($3,400.00) to provide power and water to island, and C.O. #014 ($1,410.00) for modifications to Green Roof at Gutter, to the Valley Nature Center construction project, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Staffed by Public Facilities.) Attachment. Commissioner Pena, seconded by Mayor Pro-Tem Cuellar, moved to approve Change Order #002, #003, #005, and #009-R1, authorized a budget amendment as appropriate, and authorized the Mayor to execute any related documents. The motion carried unanimously; Mayor Suarez was present and voting. The Commission considered the remaining Change Orders sequentially. On Change Order #001, Ms. Olga Garza stated staff does not recommend approval as it is not relevant to the occupancy of the building; Ms. Holly Johnston, representing the Valley Nature Center, stated her organization has since abandoned that request. There was no action on this item. On Change Order #004, Mr. Alex Palacios stated the engineering grading plan is necessary to divert water away from the building; Ms. Johnston stated the intention was to retain water for park irrigation. Mr. Mardoqueo Hinojosa stated he ran the hydraulic calculations and assured he can draw the plans personally and will put such in writing. There was no action on this item. On Change Order #006, the City Manager noted that this was not part of the original plans, but submitted as an alternate plan. There was no action on this item. On Change Order #007, Ms. Garza stated it is a decorative element not necessary to the occupancy of the building; Ms. Johnston concurred. There


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was no action on this item. On Change Order #008, Mr. Palacios stated this work already has been completed, since the exposed wood needed to be encapsulated with metal to protect from directional rain. Ms. Garza noted that the City did not approve the change prior to the work. Commissioner Pena, seconded by Mayor Pro-Tem Cuellar, moved to approve Change Order #008, authorized a budget amendment as appropriate, and authorized the Mayor to execute any related documents. The motion carried unanimously; Mayor Suarez was present and voting. On Change Order #010, Mr. Palacios noted that to comply with the Fire Inspection, he cut three holes into the drywall which the previous contractor installed prior to any inspection of the sprinkler system; Mr. Garza stated that the original invoice was for two holes, which is all the Fire Marshal stated he requested. Commissioner Pena, seconded by Commissioner Tafolla, moved to approve Change Order #010, authorized a budget amendment as appropriate, and authorized the Mayor to execute any related documents. The motion carried unanimously; Mayor Suarez was present and voting. On Change Order #011, Mr. Palacios advised the ramp does not comply with ADA because it is too steep; Ms. Garza recommended doing the work in-house for the cost of concrete; Mr. Hinojosa stated he may certify that work upon completion though he prefers Mr. Palacios do that work. Commissioner Pena, seconded by Commissioner Tafolla, moved to table Change Order #011 until the ADA inspection is complete. The motion carried unanimously; Mayor Suarez was present and voting. On Change Order #012, Mr. Palacios stated the request is withdrawn; there was no action on this item. On Change Order #013, Mr. Palacios suggested that a fountain or light might later be wanted in that traffic circle and there is a cost savings to install that utility infrastructure now. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve Change Order #013, authorized a budget amendment as appropriate, and authorized the Mayor to execute any related documents. The motion carried unanimously; Mayor Suarez was present and voting. On Change Order #014, Mr. Palacios stated he feels strongly this green roof needs improved drainage because the overflow may damage the facility; Ms. Johnston and Ms. Garza concurred. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve Change Order #014, authorized a budget amendment as appropriate, and authorized the Mayor to execute any related documents. The motion carried unanimously; Mayor Suarez was present and voting.


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Mr. Palacios stated he has Change Order #015 for consideration, but the City Attorney stated it cannot be discussed because it does not appear on this agenda.

VI. ADJOURNMENT With no other business before the Commission, at 6:40 p.m. Commissioner Tafolla, seconded by Commissioner Rivera, moved to adjourn the August 26, 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, J.F. “Johnny” Cuellar (absent)

COMMISSIONER, David R. Fox

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


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Name of Applicant:

Telephone Number:

E-Mail Address:

Alternate Phone Number (work/cell):

Home Address:

[ ] Inside City Limits [ ] Outside City Limits

City:

State:

Zip Code:

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 currently suing or bring sued by the City of Weslaco or any of its entities? [ ] Yes or [ ] No

Are you related to any member of the Commission? [ ] Yes or [ ] No

If so, who and how?

Have you previously served on a City board? [ ] Yes or [ ] No

If so, which and when?

Have you ever been elected to public office? [ ] Yes or [ ] No

If so, which and when?

Do you consent to release this info to the public? [ ] Yes or [ ] No

Are you age 25 or older? [ ] 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.

Timestamp of Receipt:

Applicant’s Signature:

Optional Demographic Information: Self Identification Gender: Age: Race: Religion: Citizenship:

Office of the City Secretary · tel. 956.968.3181 · fax. 956.968.6717

Application for Service

City of Weslaco Boards and Committees


September 2, 2014


September 2, 2014

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RESOLUTION NO. 2014-37

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 Julian Flores 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 2nd day of September 2014.

CITY OF WESLACO

David Suarez, MAYOR

ATTEST: Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

Ramon Vela, CITY ATTORNEY


September 2, 2014

RESOLUTION NO. 2014-38

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 Rolando G. Robles Jr. 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 2nd day of September 2014.

CITY OF WESLACO

David Suarez, MAYOR

ATTEST: Elizabeth M. Walker, CITY SECRETARY


Ramon Vela, CITY ATTORNEY


September 2, 2014

ewalker

Typewritten Text

Date of Meeting: August 19, 2014

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

From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, Health Official / Code Enforcement Supervisor Subject: An ordinance amending ordinance number 96-14, the City of Weslaco peddlers and solicitors ordinance; codified as Part II Chapter 102 of the Weslaco Code of Ordinances, adopting new regulations; and ordaining other matters with respect to the subject matter hereof. Discussion: Staff is proposing to repeal Ordinance 96-14 peddlers and solicitors ordinance and adopt ordinance 2014-XX the new peddlers and solicitors ordinance to be codified as Part II Chapter 120 of the Weslaco Code of Ordinances. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ ] 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): N/A Recommendation for Commission Action: Approval of the peddlers and solicitors ordinance. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Proposed peddlers and solicitors ordinance Responsibilities upon Approval:



September 2, 2014

ORDINANCE 2014-10 AN ORDINANCE REPEALING ORDINANCE NUMBER 96-14, THE CITY OF WESLACO PEDDLERS AND SOLICITORS ORDINANCE; CODIFIED AS PART II CHAPTER 102 OF THE WESLACO CODE OF ORDINANCES, ADOPTING NEW REGULATIONS; AND ORDAINING OTHER MATTERS WITH RESPECT TO THE SUBJECT MATTER HEREOF.

BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO TEXAS THAT: SECTION I. Ordinance 96-14 passed and approved on August 6, 1996 as “Peddlers and Solicitors Ordinance” and Codified as Part II Chapter 120 of the Weslaco Code of Ordinances is hereby repealed in its entirety. SECTION II. After second and final reading of this Ordinance the new peddlers and solicitors ordinance will be adopted and codified as Part II Chapter 120 of the Weslaco Code of Ordinances and said Chapter shall read as follows:

PART II CHAPTER 120 PEDDLERS AND SOLICITORS Sec.102.01 Garage, Porch, and yard sales (a) Definitions. The following words, terms and phrases, when used in this section, shall have

the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Garage, porch, and yard sale means a sale of merchandise, whether new or used, from any residence located in any single-family residential or duplex and apartment zoning classification or in an unimproved lot zoned single- family residential, provided the person conducting the garage, porch, or yard sales has written permission from the owner of the property.

(b) Permit. The owner or occupant of a house or unimproved property in any of the zones described in subsection (a) of this section, before conducting a garage, porch or yard sale, shall obtain a permit from the Code Enforcement Division of the city, which shall enforce such permit. The City Police Department shall also assist in the enforcement of this section.

(c) Cost. The cost for the permit required by this section shall be $10.00. (d) Limit. The owner or occupant of such property wishing to conduct thereon a garage, porch


September 2, 2014

or yard sale shall be limited to four permits per calendar year, each of such permits to cover a period of time not to exceed three consecutive days.

(e) Unauthorized sales. It shall be unlawful for the owner or occupant of such premises to conduct thereon a garage, porch, or yard sale without having first obtained the permit required by this section.

(f) Advertisement. It shall be unlawful for the owner or occupant of such premises to place or cause to be placed any signs advertising such sale on any utility poles or public rights-of-way.

(g) Penalties. Any person who violates this section shall, upon conviction thereof, be fined the amount of $50.00.

Sec.102.02 Soliciting from occupants of vehicles prohibited; causing a child to solicit from occupants of vehicles prohibited; penalty.

(a) It shall be unlawful for a person to stand on a traffic median, shoulder, improved shoulder or

sidewalk and solicit, or attempt to solicit, employment, business or charitable contributions from the occupants of any vehicle on a roadway.

(b) It shall be unlawful for a person to knowingly cause a child ten (10) years of age or younger to stand on a traffic median, shoulder, improved shoulder or sidewalk and solicit, or attempt to solicit, employment, business or charitable contributions from the occupants of any vehicle on a roadway.

(c) For purposes of this section, the term "cause" shall mean aid, direct, hire, encourage, permit, or allow.

(d) Violation of any portion of this section constitutes a misdemeanor punishable by a fine not to exceed two hundred dollars ($200.00).

(e) Notwithstanding the other provisions of City Code of Ordinances, a person seventeen (17) years of age or older may solicit employment, business or charitable contributions while standing on a traffic median, shoulder, improved shoulder, sidewalk, or the improved portion of the roadway from occupants of any vehicle on a roadway provided said person wears a florescent orange visibility vest, does not impede traffic, enters or remains in a roadway only while the controlling traffic signal prohibits vehicle movement, and has obtained a permit to do so, or who is a member of an organization which has obtained a permit to do so, from the Planning & Code Enforcement Department.

(f) Permits may be issued to no person or organization more than twice per calendar year for a period of no more than two (2) consecutive days, and between the hours of 9:00 a.m. and one (1) hour before sunset.

(g) The Planning Director or designee shall issue a solicitation permit upon application provided said application states the name and address of the person or organization for whom solicitations are made, the names and addresses of the persons soliciting, the locations at which soliciting will take place, and the times during which the soliciting will take place.

(h) Permit applications must be accompanied by a fee of seventy five ($75.00) and a certificate of insurance signed by an agent authorized to bind coverage indicating that the applicant has


September 2, 2014

obtained, at his sole expense, insurance coverage (1) that is written by an insurance company with an A- or better rating by AM Best and that is admitted and licensed to do business in the State of Texas; (2) that is in full force and effect for the duration of the permit period; (3) that provides one million dollars ($1,000,000.00) of liability coverage per occurrence with no deductible; (4) that insures the applicant and all persons who will be soliciting; (5) that names the City of Weslaco, its officers, employees, and elected representatives as an additional insured; (6) that provides that any insurance or self-insurance maintained by the city shall apply in excess of and not contribute with it; (7) that is written on an occurrence basis; and (8) that is otherwise acceptable to, and approved by, the Planning Director or designee.

(i) Notwithstanding the other provisions of the City Code of Ordinances, a person sixteen (16) years of age or older may solicit the sale of newspapers to occupants of motor vehicles from sidewalks, walkways, raised medians, islands and other off-roadway surfaces and may deliver the newspaper to any such occupant who responds to the solicitation in order to complete the sales transaction so long as doing so does not impede traffic flow and provided that such person wears a fluorescent orange visibility vest. The owner and publisher of the newspaper will be responsible for periodically monitoring the activity of any such solicitor under the age of eighteen (18), such monitoring to be done by an agent or employee of the newspaper who is at least twenty-one (21) years of age. Any solicitor under the age of eighteen (18) must have the consent of a parent or adult having custody of the child. The owner and publisher of any newspaper distributed pursuant to subsection (i) shall maintain at its sole expense insurance coverage:

a. That is written by an insurance company with an A- or better rating by AM Best and that is submitted and licensed to do business in the state;

b. That is in full force and effect at any time sales and distribution are being conducted pursuant to subsection (i);

c. That provides one million dollars ($1,000,000.00) of liability coverage per occurrence;

d. That insures the newspaper and all persons who will be selling and distributing on its behalf;

e. That names the city, its officers, employees and elected representatives as additional insures;

f. That provides that any insurance or self-insurance maintained by the city shall apply in excess of and not contribute with it; and

g. That is written on an occurrence basis.

The owner and publisher shall file and keep current a certificate of insurance signed by an agent authorized to bind coverage indicating that the owner and publisher has obtained the aforementioned insurance coverage, with the Planning Director or designee.

Sec.102.03 Mobile Food Vendors.


September 2, 2014

(a) Definitions a. Edible goods may include, but are not limited to:

i. Prepackaged food including, but not limited to candy, beverages, and ice cream.

ii. Prepared food including, but not limited to hot dogs, desserts, and pizza. iii. On-site prepared food including, but not limited to shaved ice,

sandwiches and tacos. b. Mobile food vendors shall mean any business which sells edible goods from a non-

stationary location within the city. The terms shall include, but not be limited to: i. Mobile food trucks: a self-contained motorized unit selling items defined

as edible goods. ii. Concession trailers: a vending unit which is pulled by a motorized unit

and has no power to move on its own. c. Non-refrigerated shall mean edible goods that are not required to be kept at a

temperature below 41 degrees Fahrenheit according to the Federal Food and Drug Administration and the Texas Food Establishment Rules.

(b) Permit and application. a. Permit. Every mobile food vendor shall have a permit issued by the city to

conduct business in the city. b. Application. Every mobile food vendor shall apply for a permit on a form

promulgated by the city. Each vending unit requires a separate permit. c. Permit form. A complete application shall require the following information from

the applicant to be considered: i. Name of applicant.

ii. Legal name of business or entity. iii. State of incorporation or filing of a partnership or articles of

association. iv. If applicable, copy of charter or articles of incorporation and current

listing of the directors, partners, or principles. v. Sales tax number with a copy of sales tax permit.

vi. Signed permission form or provide notarize affidavit from the private property owner granting permission for unit placement.

vii. Name, phone number and driver's license number of business owner. viii. Proposed itinerary with route, vending locations and times.

ix. Contact name and phone number for mobile food vending unit while in route.

x. Description of product being sold. xi. Vehicle identification number and description of mobile food vending

unit. xii. Signed affidavit with photo identification that each individual applicant:

1. Has no unpaid civil judgments against him or her in any state of U.S. possession which arise from a business activity which would have been covered by this section if in effect at the time in the jurisdiction where such judgments are of record.

2. A statement of all convictions in any state, the United States or U.S. possession within the last ten years.

d. Permit fee. i. The application fee for a mobile food vendor permit shall be $150.00.


September 2, 2014

Each mobile food vendor unit shall be permitted separately. ii. Mobile food vendor permits shall be valid for one year from the date of

permit issuance. 1. Upon renewal the applicant shall pay the renewal $100.00 fee,

and update any changes in the permitting documentation upon permit renewal. The applicant must submit the application and the renewal fee within 30 days before expiration of the permit or must reapply as a new applicant.

e. Permit denial. A permit may be denied where: i. An applicant is found to have an unpaid civil judgment(s) against him

which relates to the duties and responsibilities of the permitted occupation which shall be determined by the nature and amount of the judgment, the relationship of the judgment to the purpose of the permit and the extent that the permit would allow someone to engage in further activity that would lead to unsatisfied civil judgments; or

ii. An applicant has been convicted of a crime which directly relates to the duties and responsibilities of the licensed occupation which shall be determined by the nature and seriousness of the crime, the relationship of the crime to the purpose of the permit and the extent that the permit would allow someone to engage in further criminal activity; or

iii. The required information is incomplete or incorrect or shows that a person is not otherwise entitled to conduct business as a mobile food vendor.

iv. The opportunity to issue a permit has been denied due to previous violations as described in this section.

f. Display of permit. Every permit, including those from the city, shall be displayed at all times in a conspicuous place where it can be read by the general public on the mobile food vendor's truck or concession trailer.

g. Permit revocation or suspension. i. A permit may be revoked upon conviction of any offense committed by

an individual operating as a mobile food vendor in the city while engaged in the permitted business, or if a final conviction occurs or is found to have existed at the time of application, or if civil judgments, as set forth above, are placed or found of record against an applicant. A permit may be suspended in the event of pending charges of a crime, as set forth above, upon a magistrate's determination of probable cause in connection with such charges.

ii. A permit may be revoked for non-conformity to the application location specifications or requirements as well as to non-conformity to an approved location plan or diagram

iii. Any employee working for an applicant permitted as an employer under this section above may be denied the right to solicit under such permit, or such rights may be suspended or terminated, under the same circumstances and procedures which apply to the holder of the permit. Revocation or suspension of an employer’s permit terminates all employee permits.

iv. A permit may be suspended or revoked for not complying with the requirements of this section, or any other ordinances, or laws.

h. Appeal of permit revocation, suspension, or denial.


September 2, 2014

i. The notice of revocation, suspension, or denial of a permit shall include the procedure for appealing the suspension, revocation, or denial.

ii. If a city official revokes, suspends, or denies a mobile food vendor permit, the holder or applicant of the permit which had been revoked, suspended, or denied, shall have the right to appeal to the city manager or designee by submitting an appeal in writing to the health director within ten business days of the revocation, suspension, or denial.

iii. Pending action on the appeal, a permit which had been revoked or suspended shall be considered revoked or suspended.

iv. If a written appeal is not submitted within the ten business days of revocation, suspension, or denial, or if the appeal is denied, the permit shall hence be considered revoked, suspended or denied.

i. Reapplication after revocation, suspension, or denial of permit. i. If a mobile food vendor or applicant is not in compliance with this

section or any other ordinance, law or the approved vendor application, the following action will be taken:

1. 1st violation. A warning may be issued, or the permit may be revoked or suspended and the vendor may become ineligible for a new or reissued permit for 90 consecutive days.

2. 2nd violation. Permit will be revoked and the vendor may become ineligible for a new or reissued permit for 90 consecutive days.

3. 3rd violation. Permit will be revoked and the vendor will become ineligible for new or reissued permit for one year.

4. If an applicant's permit has been denied and the appeal is denied the applicant may not reapply for 90 consecutive days.

(c) Zoning and location restrictions. a. Distance regulations.

i. No mobile food vendor shall conduct business within any single-family residential or agricultural zoning district unless otherwise approved in writing by the health official.

ii. A mobile food vendor may not be located within 100 feet of the primary entrance of an open and operating fixed-location food service establishment.

b. A mobile food vendor shall not conduct sales at a stationary location: i. For a duration exceeding eight hours per location per day.

ii. For a duration exceeding 30 minutes on any public street. iii. On any public street designated on the city's [thoroughfare] plan as a

major collector or greater. iv. In congested areas where the operation impedes vehicular or pedestrian

traffic. v. Between the hours of 3:00 a.m. and 6:00 a.m.

c. Location regulations. i. No mobile food vendor shall be located on any private property without

written permission to do so and must comply if asked to leave by the property owner or city official. A copy of the written permission to operate in a specific location signed by the private property owner shall be kept within the mobile vending unit at all times.

ii. No person shall distribute, deposit, place, throw, scatter or cast any


September 2, 2014

commercial handbill. iii. No person shall distribute, deposit, place, throw, scatter or cast any

commercial handbill upon any premises if requested by the property owner or city not to do so, or if there is placed near or at the entrance thereof a sign bearing the words "no advertisement".

iv. No person shall sell or offer for sale any item upon any premises if requested by the property owner or city official not to do so, or if there is placed at or near the entrance thereof a sign bearing the words “no peddlers or vendors” or “no trespassing” or “no solicitors.”

(d) Mobile food vendor requirements. a. The following regulations shall apply to mobile food vendors within any zoning

district: i. Mobile food establishments shall operate from a central preparation facility

or other permitted fixed food establishment and shall report to such location for supplies and for cleaning and servicing operations.

ii. Each unit shall be equipped with a portable trash receptacle, and shall be responsible for proper disposal of solid waste and waste water in the sanitation facility legally accessed by the food service establishment. All disturbed areas must be cleaned following each stop to a minimum 20 feet of the sales location.

iii. Mobile food vendor may not have a drive through. iv. Mobile food vendor may be allowed to have multiple locations within a

day but not exceeding eight hours of operations per location. v. Continuous music or repetitive sounds shall not project from the mobile

unit. vi. A five-foot clear space can be maintained around the mobile food vending

unit. vii. The mobile unit will be subject to inspection upon permit application

through the code enforcement and the fire marshals office, and may be subject to random inspections and upon reissuance of the permit.

viii. No sales are allowed within public park facilities while park concession units are operating.

ix. A “No Smoking” sign must be posted next to the order window or area. x. A tagged fire extinguisher shall be kept accessible as directed by the city

fire marshal or designee. xi. An extinguishing vent hood, Type 1 or other if approved by the city fire

marshal, shall be required when the cooking process produces grease laden particles within the mobile unit. Said hood shall require testing in the presence of a city fire marshal designee.

(e) Offenses and regulations. a. It shall be unlawful for any individual as the agent or employee of another regulated

under this section to sell edible goods in the city unless it’s principal or employer has received a permit under this section.

b. A permit issued under this section is not transferable. c. It shall be unlawful for an individual to sell edible goods while displaying a valid

permit issued by the city in the name of another individual, organization, or entity. d. It shall be unlawful for any individual directly or through an agent or employee to sell

goods within the corporate limits of the city after the expiration of the permit issued


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by the city under this section. e. It shall be unlawful for an individual directly or through an agent or employee to

misrepresent on the permit affidavit any acts that are regulated under this section. f. It shall be unlawful for any individual directly or through his agents or employees to

represent that the issuance of a permit by the city constitutes the city's endorsement or approval of the product for sale.

g. It shall be unlawful to operate a mobile food vendor operation that is not in compliance with the Texas Food Establishment Rules as amended from time to time.

h. A violation of this section is a Class C misdemeanor and shall be punished by a fine pursuant to the general penalty set out in section 1-5 of this Code.

(f) Exemptions. a. Individuals selling only non-refrigerated farm products in an unrefined state shall be

considered as a mobile food vendor, as defined by this division, but shall be exempt from the requirements of this section.

Sec.102.04 Fundraisers / Plate Sales

(a) Definitions: The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

a. Fundraising: means a person who is gathering voluntary contributions of money or other resources.

b. Plate sale: means a person who sets up temporarily to Barbecue or cook food on an occupied property whose owner has agreed in writing to allow access to bathroom facilities and parking as required by the business.

c. Services: useful labor that does not produce a tangible commodity

d. Nonprofit Organization: means a business entity that is granted tax-exempt status by the Internal Revenue Service.

e. Church Organizations: All religious organizations must provide tax-exempt status from the Internal Revenue Service (IRS).

f. Food Handler License: It shall be unlawful for any person to handle food without obtaining a food handling certification. A minimum of two hours of food sanitation training is required every three years to ensure employee performance of their duties in accordance with food service sanitation ordinances, rules and regulations.

g. Peddler: means any person with no fixed place of business who goes from house to house, from place to place, or from street to street, carrying or transporting goods, wares, or merchandise and offering or exposing the same for sale, or making sales and deliveries to purchaser.

h. Solicitor: means any person who goes from house to house, from place to place, or from street to street soliciting or taking or attempting to take orders for any goods, wares, or merchandise, including books, periodicals, magazines, or


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personal property of any nature whatsoever, for future delivery. The term "solicitor" does not include any person taking or attempting to take orders to be filled by goods, wares, or merchandise delivered to the purchaser from other states.

(b) License—Required.

No organization, peddler, solicitor or person shall sell or offer to sell any food, merchandise or provide services within the city unless a license therefore shall first be secured as provided in this section.

(c) Application and issuance.

a. Application for such license shall be made to the city's planning and code enforcement department on a form supplied by the city. The application shall state:

i. The name and address of the applicant and all persons associated with him in his business or organization.(proof of identification required).

ii. The type of sale or services for which the license is desired.

iii. Written permission from the owner of record of the property on which the use is to be located. If the location is a business the letter must have an original letter head from such business. Letters with a business stamp and a managers or supervisors signatures will not be allowed.

iv. The length of time for which the license is desired.

v. A general description of the things to be sold or services rendered.

vi. The place of residence of the applicant for the five years preceding the date of application.

vii. The blank applications shall be issued upon a nonrefundable payment of $50.00, which shall not be credited on the license fee if the license is granted. Every application shall bear the written approval of the chief of police after an investigation of the moral character of the applicant is conducted. The completed application shall be presented to the city's planning department for its consideration, and, if granted, a license shall be issued upon payment of $10.00.

(d) Nontransferable.

A license issued under the provisions of this chapter shall not authorize any person other than the person named in said license to engage in business there under, and such license shall not be transferable.

(e) Required to be carried during conduct of sale.

Every person licensed under this section shall have with him, while engaged in such sale, the license received by him from the city, and shall produce the same at the request of any


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city official or at the request of any individual within the city to whom he is selling or attempting to sell the same.

(f) Requirements.

All plate sales or services offered with in the city must meet the following requirements:

a. No person providing plate sales or services will be allowed from a vacant lot or any street right-of-way easement, sidewalk or alley.

b. No person providing plate sales or services will be allowed on FM 88 (Texas Blvd.) rights-of-way between the city limits.

c. All plate sales or services provided by any person shall operate with equipment and/or displays that can be entirely removed from the site at the end of each day of operation.

d. All persons providing plate sales or services have permission from the owner of record of the property where an already established legally conforming business use exists to allow the applicant to share parking and restroom facilities provided and maintained by the main business use on the lot, and both businesses must continue to be in compliance with all city health codes and ordinances.

e. The code enforcement department (and other departments, as necessary) shall inspect the site for compliance to normal regulations, such as health requirements for a food vendor, and parking regulations for the site. Such department shall issue citation and summons as necessary for any violation this article.

(g) Practices prohibited.

No person licensed under the provisions of this chapter shall within the city call attention to his business or to the goods, wares or merchandise which he is selling or offering for sale by crying them out, blowing a horn, ringing a bell or by any loud or unusual noise.

(h) Nonprofit charitable organizations.

This article exempts nonprofit charitable organizations from license fees based on written proof and verification of nonprofit status, which must be filed with the city's planning and code enforcement department by an authorized representative of the organization.

This chapter shall not apply to mobile vendors, sales made by commercial travelers or selling agents in the usual course of business with bona fide dealers, bona fide sales of articles by sample for delivery at a future date, sales conducted pursuant to statute or by order of any court, bona fide auction sales conducted by an auctioneer duly licensed under state statutes or by order of any court, or persons selling or peddling the products of the farm or garden cultivated by such persons.

(i) Revocation.

Any license issued under the provisions of this article shall be subjected to revocation by the city planning and code enforcement department, and other departments, as necessary,


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upon satisfactory proof of a violation of the provisions of this article by such licensee; provided, however, that such licensee shall be given notice of such proposed revocation.

(j) Duration.

No license shall be issued or granted for more than a three-day continuous period. Applicants, including nonprofit charitable organizations, may renew licenses up to (4) four times a year. In the event special circumstances should arise requiring additional licenses to be issued to the applicant, such applicant, upon approval by the city planning department and the city commission, may receive an exemption to this section in writing allowing for the issuance of an additional license, which shall be secured following the specifications set forth in this chapter.

PASSED AND APPROVED on first reading at a regular meeting of the City Commission this ____ day of ______, 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: Ramon Vela, CITY ATTORNEY


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Date of Meeting: 9/02/14

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

From (name, title, department and who submitting on behalf of, if any): Bret L. Mann, Finance Director, Finance Department Subject: The City of Weslaco, Texas Municipal Budget for fiscal year 2014-15 ending September 30, 2015. ROLL CALL VOTE Discussion: Discussion and consideration to approve ordinance adopting the City of Weslaco 2014-15 fiscal year municipal budget ending September 30, 2015. Fiscal Note: Amount: Term of Impact: Identified in Current Budget: Y/N Additional Action Prompted: [ X] Mayor’s Signature [X ] Public Hearing [ ] Budget Amendment [ ] Resolution [X ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: To approve. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Attachment Responsibilities upon Approval: Finance Department



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ORDINANCE NO. 2014-11

AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF WESLACO, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015.

BE IT ORDAINED BY CITY OF WESLACO, TEXAS:

That, the City Manager of the City of Weslaco has heretofore duly and timely filed in accordance with the law, a budget for said City covering the fiscal year running from October 1, 2014 to September 30, 2015, that due and timely public notice that a Public Hearings on such budget would be held on September 2, 2014, was given and made in accordance with state law and within the time limits set forth by law; that such Public Hearings were held in accordance with the law on September 16, 2014, and that it is the opinion and judgment of the Weslaco City Commission that said budget, which is attached hereto, be and same is hereby in all things approved and same is proper and correct.

WHEREFORE, said budget is here and now hereby in all things approved and adopted and it shall be effective as of October 1, 2014.

PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 2nd day of September, 2014.

PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 16th day of September, 2014.

CITY OF WESLACO _________________________________ David Suarez, MAYOR

ATTEST: __________________________________ Elizabeth M. Walker, CITY SECRETARY


___________________________________ Ramon Vela, CITY ATTORNEY


September 2, 2014

Date of Meeting: 9/02/14

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

From (name, title, department and who submitting on behalf of, if any): Bret L. Mann, Finance Director, Finance Department Subject: The City of Weslaco, Texas ad valorem property tax rate assessment for tax year 2014. ROLL CALL VOTE Discussion: Discussion and consideration to approve ordinance adopting an ad valorem property tax rate, assessed at $.6867/$100.00 valuation pursuant to 26.05(d) of the Texas Tax Code on all taxable property within the City of Weslaco, Texas for Tax Year 2014, fixing the tax rate for the use and support of the general government and for the interest and sinking fund for the redemption of bonds and other indebtedness of the City of Weslaco, providing for the assessment of annual occupation taxes provided by law, and fixing a lien on all taxable property. Fiscal Note: Amount: Term of Impact: Identified in Current Budget: Y/N Additional Action Prompted: [ X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [X ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: To approve. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Attachment Responsibilities upon Approval: Finance Department



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§26.05(b) of Property Tax CodeSteps Required for Adoption of Tax Rate

Date: 08/26/2014 09:08 AM

Language Required in the Motion Setting This Year's Tax Rate:

This year's proposed tax rate exceeds the effective tax rate. The vote on the ordinance, resolution, or order setting the tax rate must be a record vote. A motion to adopt the ordinance, resolution, or order must be made in the following form:

I move that the property tax rate be increased by the adoption of a tax rate of 0.6867, which is effectively a 5.13 percent increase in the tax rate.

Statement Required in the Ordinance, Resolution, or Order Setting This Year's Tax Rate:

This year's levy to fund maintenance and operations expenditures exceeds last year's maintenance and operations tax levy. The following statements must be included in the ordinance, resolution, or order setting this year's tax rate. The statements must be in larger type than the type used in any other portion of the document.

THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE.

THE TAX RATE WILL EFFECTIVELY BE RAISED BY 3.11 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $-4.00.

Statement That Must be Posted on the Home Page of Any Internet Website Operated by the Taxing Unit:

This year's levy to fund maintenance and operations expenditures exceeds last year's maintenance and operations tax levy. The following statements must be included in the ordinance, resolution, or order setting this year's tax rate. The statements must be in larger type than the type used in any other portion of the document.

City of Weslaco ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE.

THE TAX RATE WILL EFFECTIVELY BE RAISED BY 3.11 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $-4.00.

Entity Name: City of Weslaco


September 2, 2014


AN ORDINANCE LEVYING AN AD VALOREM TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY OF WESLACO, TEXAS FOR THE TAX YEAR 2014, FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE GENERAL GOVERNMENT AND FOR THE INTEREST AND SINKING FUND FOR THE REDEMPTION OF BONDS AND OTHER INDEBTEDNESS OF THE CITY OF WESLACO, TEXAS, PROVIDING FOR THE ASSESSMENT OF ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND FIXING A LIEN ON ALL TAXABLE PROPERTY.

BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS:

I.

THAT, there shall be and it is hereby levied on all property whether, real, personal or mixed, within the corporate limits of the City of Weslaco, Texas, not otherwise exempt, an ad valorem tax for the year 2014 ($0.1901) on each one hundred dollar valuation of property for the purpose of paying interest on and providing a sinking fund for the redemption of outstanding indebtedness of the City of Weslaco as follows: 2007 Certification of Obligation Bonds 0.0387 2010 Certification of Obligation Refunding Bonds 0.0381 2012 Certification of Obligation Refunding Bonds 0.0869 2013 Certification of Obligation Bonds 0.0264

$0.1901

II.

THAT, there shall be and is hereby levied on all property, whether, real, personal or mixed, within the City of Weslaco, Texas, not otherwise exempt, an ad valorem tax for the year 2014 ($0.4966) on each one hundred dollar valuation of such property for the purpose of paying current expenses for the maintenance of public parks and other improvements and purposes as provided by the Charter of the City of Weslaco, Texas, and the laws of the State of Texas. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 3.11 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $-4.00.

III.

THAT there is hereby fixed on each and every item of taxable property a lien for the purpose of securing the payment of the taxes assessed thereon, and said lien shall continue to exist against any item of property against which a tax is assessed here under until such tax,


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together with all interest shall be paid. IV.

THAT, there be and is hereby levied and ordered collected an annual occupational tax on fifty percent (50.0%) of the State Occupation Tax on each occupation taxed by the State of Texas.

V.

IF, any person shall neglect or refuse to pay the taxes herein imposed on him or his property, on or before January 31, 2015, the tax collector shall apply the following schedule of penalty and interest rates for use in calculating the total amount due on delinquent tax bills: February 2015 7.0% March 2015 9.0% April 2015 11.0% May 2015 13.0% June 2015 15.0% July 2015 18.0%

PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 2nd day of September 2014.

PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 16th day of September 2014.

CITY OF WESLACO _________________________________ David Suarez, MAYOR

ATTEST:

__________________________________ Elizabeth M. Walker, CITY SECRETARY


___________________________________ Ramon Vela, CITY ATTORNEY


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CSO1406


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

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Approval of Ordinance 2014-XX New Schedule of Rates Discussion: Discussion and consideration to approve Ordinance 2014-XX amending §1 of Ordinance 77-16 and §1 of Ordinance 67-10 by providing for a new schedule of rates to be charged for treated water delivered through the system of the Public Utilities Department of the City of Weslaco and providing for a new schedule of rates to be charged for the use of wastewater treatment facility of the City of Weslaco, and ordaining other matters with respect to the subject matter hereof. 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: 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”): Ordinance 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.



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AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 77-16, CODIFIED IN THE WESLACO CODE OF ORDINANCES AS SECTION 138.58 “WATER RATES PRESCRIBED” AND AMENDING SECTION 1 OF ORDINANCE 67-10, CODIFIED IN THE WESLACO CODE OF ORDINANCES AS SECTION 138.59 “SEWER RATES PRESCRIBED;” BY PROVIDING FOR A NEW SCHEDULE OF RATES TO BE CHARGED FOR TREATED WATER DELIVERED THROUGH THE SYSTEM OF THE WATER DEPARTMENT OF THE CITY OF WESLACO; AND PROVIDING FOR A NEW SCHEDULE OF RATES TO BE CHARGED FOR THE USE OF WASTEWATER TREATMENT FACILITIES OF THE CITY OF WESLACO; AND PROVIDING FOR AN EFFECTIVE DATE AFTER THE SECOND PUBLICATION OF THIS ORDINANCE, AND ORDAINING OTHER MATTERS WITH RESPECT TO THE SUBJECT MATTER HEREOF. SECTION 1. BE IT ORDAINED BY THE CITY OF WESLACO, TEXAS, to amend Section I of Ordinance No. 77-16, adopted on August 16, 1977, and Codified in the Weslaco Code of Ordinances as Section 138.58 and entitled “Water Rates Prescribed”, to adopt a new schedule of rates to be charged for treated water delivered through the system of the water department of the City of Weslaco so that after Second and Final Reading of this Ordinance, Weslaco Code of Ordinances Section 138.58, will read as follows:

ARTICLE II. SERVICE CHARGES Sec. 138.58. Water Rates Prescribed. There are hereby established the following schedules of rates to be charged for treated water delivered through the system of the water department of the city: Schedule A. Residential Inside City Limits

(1) Minimum monthly bill, (not including water)……………………….....….. $14.75 Minimum monthly bill, (includes 2,000 gallons of water) if applied for by a Resident over 65 years of age, Disabled, or a Veteran ………….………………..…..$9.54

(2) Charge per each 1,000 gallons or portion thereof…………….………………$2.71

Schedule B. Commercial Inside City Limits

(1) Minimum monthly bill (not including water): 5/8 inch or ¾ inch meter….………………………………………………. $18.07 1 inch meter……………….………………………………………………. $21.01 1 ½ inch meter…………….………………………………………………..$27.14 2 inch meter…………….…………………………………………………..$36.24 3 inch meter……………….………………………………………………..$59.11 4 inch meter……………….………………………………………………..$88.94 6 inch meter…….…………………………………………………………$156.42 8 inch meter….……………………………………………………………$203.04


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(2) Charges per each 1,000 gallons or portion thereof: 0 to 15,000 gallons …………………………………………………………...$3.03 15,000 to 15,001 gallons (An addition to the base fee when this level is reached.).………………………………………………………………..…….$9.91 15,002 to 30,000 gallons……………………………………………………...$3.38 30,000 to 35,000 gallons……………………………………………………...$3.40 35,000 to 35,001gallons (An addition to the base fee when this level is reached.)……………….………………………………………………………$9.26 Over 35,001gallons……………………………………………………………$3.40

Schedule C. Multi Family Inside City Limits

(1) Minimum monthly bill (not including water): 5/8 inch or ¾ inch meter….………………………………………………. $18.07 1 inch meter……………….………………………………………………. $21.01 1 ½ inch meter…………….………………………………………………..$27.14 2 inch meter…………….…………………………………………………..$36.24 3 inch meter……………….………………………………………………..$59.11 4 inch meter……………….………………………………………………..$88.94 6 inch meter…….…………………………………………………………$156.42 8 inch meter….…………………………………………………………... $203.04

Multi Family residents whose water rates increase because of Ordinance 2013-26 affixing the rate structure for “Multi Family Inside City Limits” may request a 2% reduction of their current minimum monthly bill as assigned by the Water Rates prescribed to be “Residential Inside City Limits” from the Weslaco City Manager.

(2) Charges per each 1,000 gallons or portion thereof:

0 to 15,000 gallons …………………………………………………………$3.03 15,000 to 15,001 gallons (An addition to the base fee when this level is reached.)..……………………………………………………………………$9.91 15,002 to 30,000 gallons……………………………………………………..$3.38 30,000 to 35,000 gallons……………………………………………………..$3.40 35,000 to 35,001gallons (An addition to the base fee when this level is reached.)…………………...………………………………………………...$9.26 Over 35,001 gallons…………………………………………………………$3.403

Schedule D. Irrigation Meters Inside City Limits (1) Minimum monthly bill (not including water):

5/8 inch or ¾ inch meter….………………………………………………...$10.47 1 inch meter……………….………………………………………………. $14.06 1 ½ inch meter…………….………………………………………………..$22.35 2 inch meter…………….…………………………………………………..$31.46 3 inch meter……………….………………………………………………..$54.33 4 inch meter……………….………………………………………………..$84.16 6 inch meter…….…………………………………………………………$151.64 8 inch meter….……………………………………………………………$198.26


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(2) Charges per each 1,000 gallons or portion thereof: 0 to 10,000 gallons …………………………………………………………...$2.97 10,000 to 15,000 gallons…………………………………………………….. $2.97 Over 15,000 gallons…………………………………………………………..$3.07

(3) Irrigation meters with no associated wastewater service will not be assessed monthly charges for wastewater service.

Schedule E. Service Provided to Customers Residing Outside of the City Limits (1) The monthly water charges for any customer (residential, commercial, multi-family,

irrigation, or other) located outside the corporate limits of the City of Weslaco shall be at the rate of 150% of the rate charged customers inside the corporate limits of the City.

Schedule F. Tapping Fees. The following charges shall be made as tapping fees for making connections for the use of any water user (deposit and permit fees are not included): Meter Size Inside City Outside City 5/8” $348.10 $522.15 1” $514.22 $771.32 1 ½” $890.82 $1,336.23 2” $3,286.06 $4,929.09 3” $4,612.93 $6,919.39 4” $6,936.71 $10,405.06 For all other size taps, the tapping charge shall be based upon the current cost of the meter, required materials, and labor therefore. In cases where the developer has installed their own water lines, tapping saddles, corp. stop, tubing and angle stop up to the ground surface, the fees for a 5/8” meter will be $232.07 for a connection inside the city limits and $348.10 for a connection outside the city limits. Schedule G. Fire Protection Sprinkler Fees There shall be no additional charge per month in addition to the other charges listed in this section, for accounts with a fire protection sprinkler system.

SECTION II. BE IT FURTHER ORDAINED BY THE CITY OF WESLACO, TEXAS, to amend Section I of Ordinance No. 67-10, adopted on June 27, 1967, and codified in the Weslaco Code of Ordinances as Section 138.59 and entitled “Sewer Rates Prescribed”, so that after Second and Final Reading of this ordinance, Weslaco Code of Ordinances Section 138.59 will read as follows:

ARTICLE II. SERVICE CHARGES Sec. 138.59. Wastewater Rates Prescribed.


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The following rates shall be charged for use of the wastewater treatment facilities of the City of Weslaco, including storm sewer lines if used for the purpose of disposing waste or cooling water. The rates hereby established shall be applicable to all classes of customers using the city sanitary sewer system, except for industrial customers who will continue to be charged under the provisions of the industrial waste ordinance of the City of Weslaco, Ordinance No. 76-16, as amended:

(1) Minimum Charge Inside City Limits: The minimum monthly charge for all classes of customers using the City of Weslaco wastewater treatment facilities shall be fourteen dollars and fifty-eight cents ($14.58) per month. The monthly base rate will be nine dollars and forty-four cents ($9.44) if applied for by a resident over 65 years of age, Disabled, or a Veteran.

(2) Additional Charges for Single-Family Residential Users Inside City Limits. In addition to

the minimum charge listed above, a charge of one dollar and seventy-seven cents ($1.77) will be made for each one thousand (1,000) gallons of water used, or portion thereof, for monthly metered consumption up to 35,000 gallons.

(3) Multifamily Residential and Mobile Homes Inside City Limits. The charge for the use of

the city wastewater treatment facility for duplexes or multifamily apartments or housing where the buildings are generally used solely for permanent or continuous living quarters and mobile home and/or recreational vehicle park owners on master meters shall be as follows:

Minimum monthly bill …………………………………….…………………$11.81

Charges per each 1,000 gallons of metered water use, or portion thereof:

0 to 15,000 gallons…………………………………………………………..$2.28 15,000 to 15,001 gallons (An addition to the base fee when this level is reached.)..……………………………………………………………………$10.61 15,001 to 35,000 gallons…………………………………………………..…$2.54 35,000 to 35,001 gallons (An addition to the base fee when this level is reached.)..……………………………………………………………………$10.27 Over 35,001 gallons……………………………………………………….…$2.54

(4) Commercial Customers Inside City Limits. Commercial customers are those customers

who discharge wastewater from a private building which is not residential in nature and conduct business activities for the sole purpose of making a profit, and receive an inflow of paying customers for services rendered or the purchase of goods. All sewer accounts required to file for a sales tax number with the state comptroller’s office or an employer’s federal I.D. number with the Internal Revenue Service shall be deemed as commercial accounts. The charge for commercial users shall be as follows: Minimum monthly bill …………………………………….………………...…$14.98 Charges per each 1,000 gallons of metered water use, or portion thereof: 0 to 15,000 gallons……………………………………………………………….$2.72


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15,000 to 15,001 gallons (An addition to the base fee when this level is reached.)..……………………………………………………………………$8.66 15,001 to 35,000 gallons…………………………………………………..……..$3.03 35,000 to 35,001 gallons (An addition to the base fee when this level is reached.)..……………………………………………………………………$9.03 Over 35,001 gallons……………………………………………………….……..$3.03

(5) Lawn and Landscape Irrigation. All accounts shall be exempt from sanitary sewer charges on water metered solely for lawn and landscape irrigation.

(6) Industrial Users. All industrial uses, such as canning plants, packing sheds, laundries,

bottling works, milk plants and other industrial users, shall be charged a rate computed under Ordinance No. 76.16, as amended.

(7) Institutional, Etc., Users Inside City Limits. All customers not classified as

aforementioned, including institutional, religious and not-for-profit entities, shall be charged for the use of the wastewater treatment facility as follows:

Minimum monthly bill……………………………………….…………………$11.81 Charges per each 1,000 gallons of metered water use, or portion thereof: 0 to 15,000 gallons……………………………………………………………..$2.28 15,000 to 15,001 gallons (An addition to the base fee when this level is reached.)..……………………………………………………………………$10.61 15,001 to 35,000 gallons……………………………………………………..…$2.54 35,000 to 35,001 gallons (An addition to the base fee when this level is reached.)..……………………………………………………………………$10.27 Over 35,001 gallons………………………………………………………….…$2.54

(8) Commercial Laundries Inside City Limits. Commercial customers whose principal

business is the operation of a commercial laundry shall be charged for use of the city wastewater treatment facility as follows: Minimum monthly bill……………………………………….…………………$14.98 Charges per each 1,000 gallons of metered water use, or portion thereof: 0 to 15,000 gallons……………………………………………………………..$2.72 15,000 to 15,001 gallons (An addition to the base fee when this level is reached.)..……………………………………………………………………$8.66 15,001 to 35,000 gallons……………………………………………………..…$3.03 35,000 to 35,001 gallons (An addition to the base fee when this level is reached.)..……………………………………………………………………$9.03 Over 35,001 gallons………………………………………………………….…$3.03

(9) The monthly sewer charges for any customer (residential, commercial, multi-family, institutional, laundry, or other) located outside the corporate limits of the City of Weslaco shall be at the rate of 150% of the rate charged customers inside the corporate limits of the City.


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SECTION III: All other provisions of Chapter 138, Article II, Section 138.58, and Section 138.59, and Ordinance 77-16, and Ordinance 67-10 shall remain in effect and are not being amended by this Ordinance. SECTION IV: These amendments to Chapter 138, Article II, Section 138.58, and Section 138.59, shall be in effect after Second and Final Reading of this Ordinance. PASSED AND APPROVED on first reading at regular meeting of the City Commission this 2nd day of September, 2014. PASSED AND APPROVED on second and final reading at regular meeting of the City Commission this 16th day of September, 2014. CITY OF WESLACO ___________________________________ David Suarez, MAYOR

ATTEST: ___________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ Ramon Vela, CITY ATTORNEY


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CSO1406


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

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

Subject: Final Preliminary Engineering Report for the South Wastewater Plant Expansion Project

Discussion: Discussion in consideration to approve the FINAL Preliminary Engineering Report for the South Wastewater Treatment Plant Expansion Project, authorize the Mayor to execute all related documents and budget amendment as maybe required.

Funding Source (budget code, if applicable):

Amount:

Term of Impact: #[1] 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: 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”): FINAL Preliminary Engineering Report

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.



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City of Weslaco - South WWTP Expansion Project ES-1

Executive Summary

Introduction The City of Weslaco (the City) obtained the professional engineering services of Briones Consulting &

Engineering and CDM Smith (under subcontract with Briones) to perform the preliminary engineering

evaluation and design services for expanding the Weslaco South Wastewater Treatment Plant

(SWWTP).

This Executive Summary summarizes key topics in this preliminary engineering report (PER). Specific

tasks of this PER include:

� Overall Evaluation: Evaluate plant processes and facilities, and recommend an implementation

plan for design, construction, and operations;

� Process Requirements: Evaluate organic loading and treatment capacity requirements, and

make recommendations for design improvements;

� Treatment Technologies: Review liquid treatment technology alternatives, and assist the City

with the final selection of treatment processes; and

� Solids Management: Develop capacity requirements and layout for sludge management

This report also serves to provide documentation that the proposed plant meets all applicable

standards (Title 30, Chapter 217) required by the Texas Commission on Environmental Quality

(TCEQ).

Existing Treatment Plant

The SWWTP is located at the southwestern tip of the City of Weslaco boundary at 5210 South Midway

Road and receives all raw wastewater from lift station (LS) no. 37, located along Mile 5 North Road.

Treated effluent is either discharged through the outfall or pumped for irrigation reuse at the Tierra

Santa Golf Club, east of the plant. For plant discharge, disinfected effluent flows west to an unnamed

drainage ditch, which carries effluent south to the South Donna Drain and feeds into the Arroyo

Colorado Above Tidal in Segment No. 2202 of the Nueces-Rio Grande Coastal Basin. Refer to Section 1

of this report for relevant location maps.

Current Treatment Processes

The SWWTP is an activated sludge plant, which has the following key processes:

� Preliminary Treatment Unit: bar screen

� Biological Treatment Unit: oxidation ditch

� Final Clarifiers

� Return and Waste Activated Sludge (RAS/WAS) Pump Station

� UV Disinfection Facility


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Executive Summary

ES-2 City of Weslaco - South WWTP Expansion Project

� Post-Aeration Facility

� Aerated Sludge Holding Tanks

� Sludge Drying Beds

Current Permit Effluent Limitations

The following lists the current permit effluent requirements for discharge into the Arroyo Colorado

Above Tidal in Segment No. 2202 of the Nueces-Rio Grande Coastal Basin, based on the Texas

Pollution Discharge Elimination System (TPDES) Permit No. WQ0010619005, (exp. date June 1, 2015):

� Maximum annual average daily flow: 2.5 mgd

� Maximum peak 2-hour flow: 7.5 mgd

� Maximum carbonaceous Biological Oxygen Demand (5-day) (cBOD) daily average: 10

milligrams per liter (mg/L)

� Maximum Total Suspended Solids (TSS) daily average: 15 mg/L

� Maximum Ammonia Nitrogen (NH3-N) daily average: 3 mg/L

� Maximum E. coli, Colony Forming Unit (CFU) or Most Probable Number (MPN) per 100 mL daily

average: 126 (394 daily maximum)

� Minimum Dissolved Oxygen (DO) concentration: 6.0 mg/L

� Required pH range: 6.0 – 9.0 standard units

Basis of Design Methods for the basis of design are explained below.

Population and Flow Projections

CDM Smith utilized population data from the Texas Water Development Board (TWDB) 2016 Regional

Water Plan (see Figure ES-1) as a basis for influent flow projection and confirmed these population

projections with numbers from Texas State Data Center.

CDM Smith also obtained five years of plant data from the City that spanned from January 2009 to

November 2013 (see Figure ES-2), which shows an overall average daily flow (ADF) of 1.71 mgd. Like

much of the State of Texas, Hidalgo County experienced a severe drought during this time period, and

the SWWTP received influent flows lower than expected in non-drought conditions. Considering the

ADF experienced during non-drought years and using tabulated population projections, the 2035 ADF

flow was projected to be 3.44 mgd. Based on these methods and discussions with the City, the

expansion design ADF was set to 3.5 mgd (Phase 1).


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Executive Summary


Figure ES-1

Weslaco Population Projections (TWDB, 2014)

Figure ES-2

Historical Average Daily Flows

Future Expansion (Phase 2)

This design has accounted for future expansion, by allowing for modular expansion of the needed

process units by 50 percent, resulting in a design ADF of 5.0 mgd. Based on population projections

discussed above, an expansion to 5.0 mgd would provide sufficient treatment capacity until 2060.

Peak Flow Analysis

With a peak 2-hour flow of 7.5 mgd, the SWWTP has a permitted peaking factor of three. However,

based on peak flow data and discussions with the City, the plant likely receives significant inflow and

infiltration (I&I); CDM Smith proposes increasing the peak flow from three to four, setting the Phase 1

and 2 peak flows at 14 and 20 mgd, respectively. See Section 2 for the peak flow analysis.

Anticipated Permit Effluent Limitations

Section 1 of this report discusses the City’s plans to produce Type I reclaimed water and the

associated water quality standards. In addition, the section discusses the Arroyo Colorado Watershed

Protection Plan and how this may affect future permit limits for the SWWTP. To accommodate Type I

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Executive Summary


reuse and to anticipate potential future nutrient limits, the following design water quality effluent

limits are proposed:

� Maximum CBOD5 daily average: 5 mg/L

� Maximum TSS daily average: 4.5 mg/L

� Maximum NH3 daily average: 2 mg/L

� Maximum E. coli: 20 CFU/100 mL (daily average), 75 CFU/100 mL (single grab)

� Maximum Enterococci: 4 CFU/100 mL (daily average), 9 CFU/100 mL (single grab)

� Maximum Turbidity: 3 NTU

� Minimum Dissolved Oxygen (DO) concentration: 6.0 mg/L

� Required pH range: 6.0 – 9.0 standard units

CDM Smith has accounted for these water quality standards in the expansion design. To meet stricter

microbiological and turbidity requirements, the expanded plant will require filters and a larger UV

disinfection system.

Design Influent Loads

As noted above, the design flow rates for the expansion will be:

� Annual Average Daily Flow: 3.5 mgd

� Peak 2-hour Flow: 14.0 mgd

To meet target water quality standards and achieve sufficient treatment, CDM Smith analyzed

historical average daily flows and loads (TSS and BOD) based on five years of data to project design

criteria for future conditions, as described in detail in Section 2. CDM Smith used statistical methods to

determine design load peaking factors to project influent loads, as shown in Table ES-1.

Table ES-1 Design Influent Loads: 1/2009 to 11/2013

Parameter BOD (lb/day) TKN* (lb/day) TSS (lb/day)

Minimum Day 1,420 284 948

Average Day 3,450 690 3,510

Maximum Month 5,280 1,060 6,360

Maximum Day 7,430 1,490 10,220

*TKN load calculated as 20% of BOD load to determine design concentration

Proposed Treatment Plant Improvements This section summarizes the proposed improvements. These improvements aim to provide an

efficient and cost effective plant expansion, while maximizing existing infrastructure within existing

hydraulic and process constraints. Figure ES-3 shows the recommended plant layout.


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ES3

ES3


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Executive Summary


Process Alternatives Evaluation

First, CDM Smith assessed a variety of process alternatives to accommodate expanded flows and

provide efficient operating performance. The basis of each alternative depends on the core biological

treatment process and use of the existing oxidation ditch basin during Phase 1 expansion.

In addition to meeting Type I reclaimed water standards, another critical design factor for the City is

the ability for the plant to produce Class B biosolids for land application. The following four biological

process alternatives consider both of these requirements. Refer to Section 5 for more detail.

� Alternative No. 1: Retrofit the existing oxidation ditch with fine bubble diffusers to treat 3.5

mgd ADF.

� Alternative No. 2: Rehabilitate existing oxidation ditch, and construct one additional aeration

basin to treat 1.0 mgd ADF.

� Alternative No. 3: Construct two new aeration basins to treat 3.5 mgd ADF, and convert the

existing oxidation ditch into a wet weather equalization basin.

� Alternative No. 4: Construct two new aeration basins to treat 3.5 mgd ADF, and convert the

existing oxidation ditch into aerobic digesters.

Alternative Selection

CDM Smith first eliminated alternative no. 1 due to the inefficiency of installing air diffusion in basins

of such shallow depth (aeration requirements would increase by approximately 250 percent).

Alternative no. 2 was also eliminated due to high maintenance requirements (the mechanical rotors

have proved unreliable at the SWWTP) and the complexity of operating two different biological

systems. Between alternative no. 3 and 4, CDM Smith recommends the implementation of the latter

due to its economic advantage. For this alternative, the existing oxidation ditch would provide the

required digester volume to achieve Class B biosolids and eliminate the need to construct new large

digesters. Refer to Section 5 for more details.

Summary of Treatment Processes

Based on the process alternatives analysis, CDM Smith provided a preliminary design for the

expanded wastewater treatment processes. The following section briefly summarizes this list:

� Influent Lift Station: CDM Smith recommends a new influent lift station to handle the design

expansion flows, located onsite, as preferred by City staff to facilitate operation (Section 3). The

new lift station would receive flow by gravity from existing and new sources. CDM Smith

evaluated different pumping alternatives and recommends a configuration of six submersible

sewage pumps (with two or more pumps on variable frequency drives), equally sized to

accommodate the Phase 1 peak flow. The design includes a circular wet well, designed to meet

industry standards and state regulations.

� Headworks: To handle the expanded peak flow and plant hydraulics, the plant will need a new

elevated headworks structure, with capabilities to accommodate a flow of 25 mgd (future peak

flow plus RAS flow). The headworks design consists of a mechanical bar screen and manual bar

screen. The facility will also have two grit removal chambers in parallel. A weir splitter box will

convey effluent to the aeration basins.


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Executive Summary


� Aeration Basins: Based on the recommended alternative, the activated sludge system for the

expanded plant will consist of two new aeration basins. The basins are designed in accordance

with TCEQ requirements and sized to achieve full nitrification of the wastewater. The aeration

basins will be equipped with fine bubble, membrane disk diffusers in the Oxic zones. Anoxic

“bioselector” zones, which promote the growth of well-settling bacteria, will be incorporated at

the head of the basins.

� Blowers: Positive displacement (PD) blowers are proposed to provide the maximum day

required airflow to the basins. PD blowers prove reliable and function well on variable

frequency drives (VFDs), which allows turn down to meet minimum airflow requirements.

� Final Clarifier: The new final clarifier will match the existing two clarifiers in size. Together, the

three clarifiers will accommodate the Phase 1 peak flow of 14 mgd. The new clarifier will be

spiral-rake type and contain optimization features including a hydraulic flocculation feedwell,

energy dissipating inlet, sludge collection ring, and scum collection skimmers.

� RAS/WAS Pump Station: While this design aims to reuse as much of the existing infrastructure

as possible, expanding the existing RAS/WAS pump station wet well may not be feasible. A new

RAS/WAS pump station is therefore proposed, consisting of two new RAS pumps and one new

WAS pump.

� Filters: To meet turbidity limits for Type I reclaimed water, CDM Smith recommends the

addition of filters. Cloth media “disc” filtration is preferred over other types of filtration due to

its reliability and operational simplicity. Filter cloth material on the discs do not require

frequent replacement, as the material lasts several years. The filtration system will consist of

three filter units running in parallel.

� UV Disinfection: Meeting new microbial Type I reuse standards and accommodating increased

flows will require a new disinfection facility, a new structure with larger channels. After

considering different UV technologies, CDM Smith has preliminarily designed around the

Duron® model by Wedeco. The facility will also include a NPW pump station and post-aeration

tank. Adjacent to the facility, a hypochlorite system will provide residual disinfection in

reclaimed water and NPW piping.

� Sludge Holding Basins: Based on projected solids production rates, the existing aerobic

digesters would not provide enough retention time required for Class B classification, and these

basins will be converted to storage basins for the decanting and thickening of sludge. A third

similarly sized basin is also proposed, to add capacity and facilitate the decanting operation.

� Aerobic Digestion: To produce Class B biosolids through aerobic digestion, temperature and

retention time are critical factors. The existing oxidation ditch provides sufficient digester

volume for the Phase 1 and Phase 2 expansions. The oxidation ditch will be divided into two

digesters operated in series. The digesters will be aerated via positive displacement blowers

and course bubble diffusion.

� Dewatering Building: As preferred by the City, CDM Smith proposes to discontinue use of the

sludge drying beds and construct a new Dewatering Building. The City has indicated a

preference for a 3-belt belt filter press (BFP) by BDP Industries, to match the equipment used at

the City of Weslaco North WWTP.


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Executive Summary


� Odor Control: The odor control system design for the SWWTP aims to replace the plant’s non-

functioning modular biofilter system for the preliminary treatment unit. Several technology

alternatives were identified and considered, and CDM Smith recommends (Section 9) a simple

and cost effective two-tiered strategy consisting of aeration diffusion and RAS recycle to the

headworks.

� Plant Hydraulics: The plant hydraulics design must accommodate the 100-year flood elevation,

expanded peak flow scenarios, and new treatment structures. Section 9 provides the design

hydraulic profile and a detailed summary of the assumptions, parameters, and inputs used in

the design. Of important note, due to an incorrect bench mark elevation used during

construction, the plant was built approximately two to three feet beneath design elevations,

which may explain the “backing-up” of water into the plant during peak flow events. The

proposed expansion design will relieve the plant of this hydraulic constraint.

� Electrical System: The proposed power distribution system will distribute electric utility

power and stand-by power to all the proposed loads, while meeting current TCEQ Chapter 217

requirements. The existing generator is not large enough to power proposed generator loads

for the expanded plant, and a new generator is proposed. Other electrical improvements include

upgrades to the motor control center (MCC), panelboards, VFDs, and other ancillary equipment.

� Instrumentation and Control: CDM Smith recommends installing a new Supervisory Control

and Data Acquisition (SCADA) system with similar components to the existing South Water

Treatment Plant to allow for spare parts interchangeability, minimize staff training

requirements, and provide a consistent interface for operators (Section 12).

Collection System Evaluation and Planning Briones Consulting & Engineering conducted a preliminary assessment (Section 10) of the City’s

sanitary collection system which feeds the SWWTP under present and future flow scenarios. The

current wastewater infrastructure has issues of I&I, specifically rainfall-derived (RDII) which results

in significant challenges to wastewater infrastructure operations such as sewer backups and

overflows, reduced treatment effectiveness and efficiency, and increased energy and chemical usage

costs. Additionally, RDII sources may originate from other local municipal cities and towns and private

properties that the City alone cannot address. Briones Consulting & Engineering proposes an I/I

Master Plan to identify and implement efforts that minimize the adverse impacts of RDII in a manner

that directs resources to measures that provide the highest benefit for the cost expended.

The SWWTP and the collection system depend heavily on the performance of LS no. 37 and to a lesser

degree LS no. 36 and 35 (lift stations upstream of LS no. 37). Specific recommendations include:

� Remove LS no. 37 from service and replace its force main with a 36-inch diameter gravity main

that would extend to the proposed onsite lift station at the SWWTP.

� Set up a continuing monitoring program to rank the sewer sheds and sub-basins in the

collection system that contribute to I&I.

� Provide improvements to lift stations as needed, such as replacing valves, upgrading electrical

and control systems, and improving safety features. (Refer to Section 10 for more detail).


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Executive Summary


Opinion of Probable Cost and Recommendations CDM Smith developed cost estimates using preliminary design quantity calculations and equipment

supplier quotations based on design concepts described in this PER. Refer to Section 13 for more

detail.

CDM Smith understands that funding for the entire expansion, as described in the report, may not be

currently available. Therefore, implementation alternatives which provide the City with the required

capacity now while reducing capital cost are discussed below.

Working with the City, CDM Smith has developed the following implementation alternatives:

1. Entire Expansion Project

2. Expansion without Filters: Expansion project, excluding tertiary filters.

3. Expansion with Rehabilitation of LS No. 37: Entire Expansion project, with rehabilitation of

existing LS no. 37 (in lieu of onsite lift station).

4. Expansion with Rehabilitation of LS No. 37 and without Filters: Entire Expansion project,

with rehabilitation of existing LS no. 37 (in lieu of onsite) and excluding tertiary filters.

Table ES-2 summarizes the entire project OPCC, including the expanded treatment plant, onsite lift

station, and new gravity pipeline. The complete OPCC totals $30.2 million. Table ES-3 compares the

OPCC between the four alternatives.

Implementation Recommendations

While capital cost is a critical factor in determining the success of this project, cost alone cannot

determine the optimal decision for the City of Weslaco. If funding is available and the ability to

produce Type 1 reclaimed water is a priority, CDM Smith and Briones Consulting & Engineering

recommend the first alternative, the entire expansion project for the following reasons:

� To meet Type I reclaimed water standards, the plant needs tertiary filters, and postponing filter

construction may prolong the City’s water reuse plans and implementation.

� The City has expressed value in protecting the Arroyo Colorado. The filters would remove

additional TSS and phosphorus (beyond permit limits) which would benefit the watershed.

� The investment of rehabilitating LS no. 37 would be lost once the capacity of the lift station is

reached (less than 10 years). Plant staff also prefers to have the lift station onsite.

� A new gravity line would allow the plant to receive flow from existing and new sources and at

peak flow capacity. This would provide the first step in the collection system rehabilitation.

Ultimately, the City must consider current funding abilities and decide whether the benefits of the first

alternative outweigh the increased capital costs. If capital cost must be reduced, it is recommended to

postpone the installation of the filters before eliminating the new lift station and gravity line. While

installing filters would provide the City with the valuable resource of Type I reclaimed water and

further the City’s commendable environmental stewardship, a new influent gravity line and lift station

would improve a very crucial piece of the City’s infrastructure and prepare for further growth.


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Executive Summary


Table ES-2 Opinion of Probable Construction Cost Baseline – Entire Expansion Project(1)

Component Construction Cost

Wastewater Treatment Plant

Sitework $1,422,000

Yard Piping $989,000

Onsite Lift Station $1,262,000

Headworks $1,750,000

Aeration Basins $1,380,000

Final Clarifier $527,000

Blower/Electrical Building $1,319,000

Filters $1,454,000

UV Facility $1,146,000

RAS/WAS Pump Station $321,000

Sludge Holding Tank $242,000

Aerobic Digesters $656,000

Dewatering Building $1,056,000

Sodium Hypochlorite System $166,000

Capital Cost Subtotal $13,689,000

Indirect Costs(2)

$835,000

Capital Cost and Indirect Cost Subtotal $14,524,000

General Conditions & Overhead & Profit $4,488,000

Gravity Pipeline to Plant(3)

$2,340,000

Construction Subtotal $21,352,000

Contingency (25%) $5,338,000

Construction and Contingency Subtotal $26,690,000

Escalation to Construction $801,000

Construction Total $27,490,000

Final Design and Bidding $2,749,000

Overall Project Total $30,240,000 (1)

Cost total does not include new reclaimed water pumps due to unknowns in future reclaimed water distribution system (2)

Indirect costs include permits, sales tax, insurance, and bonds. (3)

Pipeline cost includes indirect costs, GC, and OH&P

Table ES-3 Implementation Alternative OPCC Comparison

Alternative 1 Alternative 2 Alternative 3 Alternative 4

Description Baseline – Entire expansion project

Project without filters

Project with LS no. 37 rehabilitation

Project with LS no. 37 rehabilitation and without filters

OPCC $30.2 $27.7 $26.5 $24.0


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194 South Taylor Ave.

Louisville, CO 80027 Attachment Data Services Statement of Work

1. Description of Data Services.

1.1. AviMet Data Link is an automated weather dissemination service for the distribution of Automated Weather Observation System (“AWOS”) data to the FAA’s Weather Message Switching Center Replacement (“WMSCR”) System. Vaisala shall provide the AWOS observations to WMSCR in accordance with FAA specifications, every twenty (20) minutes twenty-four (24) hours per day, seven (7) days per week. Vaisala will activate service within one hundred twenty (120) days of receipt of the Effective Date.

1.2. NLDN Data Service - National Lightning Detection Network is a Vaisala owned and operated lightning detection service within the United States which provides stroke lightning data measuring location, polarity, amplitude and multiplicity of cloud-to-ground lightning. Data service is provided (24) hours a day, (7) days per week, (365) days a year. Data coverage area is 100 nm around the designated airport.

1.3. CLDN Data Service – Canadian Lightning Detection Network is a lightning detection service within Canada which provides stroke lightning data measuring location, polarity, amplitude and multiplicity of cloud-to-ground lightning. Data service is provided (24) hours a day, (7) days per week, (365) days a year. Data coverage area is 100 nm around the designated airport.

1.4. GLD360 Data Service is a service which provides real-time lightning data for accurate and early detection and tracking of severe weather. The data provided by GLD360 is generated by Vaisala owned and operated worldwide network. Data service is provided (24) hours a day, (7) days per week, (365) days a year for the Service Size area shown on the Maintenance Agreement Summary.

1.5. Navigator II is a web-hosted service in which Vaisala hosts the software display for the RWIS RPU stations. Vaisala will poll the RPU data at a minimum every 20 minutes and display the information graphically on the airport specific site. The airport site will be available to users through any web browser. Vaisala will also provide all data communication services. Data will be archived by Vaisala.

1.6. AviCast is a unique web-based data service employing the WSDDM technology

that pairs single site radar with ground based measurement. Vaisala provides radar, LWE measurement and a host of atmospheric measurements on a minute to minute basis. Each user will be provided a user-name and login to access the web display. This product also includes archived data, configurable display, radar motion vectors to track the storm movement, and motion loop of the radar movement.

1.7. AviCast-Lightning Warning System uses Vaisala’s own NLDN and GLD360

lightning networks to display each lightning strike over the North American region. Each strike is recorded and time tracked on the display. Vaisala provides default settings of warning rings set at 5, 15, and 30 nm around the airport and an all clear message 15 minutes after the event. Warning and messages are sent via email and SMS. Users can request other parameters settings in writing to Vaisala. National Mosaic radar is provided in this product, but it doesn’t have looping capabilities.


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CSO1406


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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer Subject: Discussion and consideration to approve Change Order #1 with Texas Cordia Construction for the Detention Pond and Reconstruction of Sugarcane Drive in an amount not exceed $3,800.00 and extend the number of working days by thirty. Discussion: A junction box is needed to accommodate storm sewer for the road improvement since there is a conflict with existing sanitary sewer lines. Additional days are required as contractor’s has experienced delays, as a result of utility conflicts. Funding Source (budget code, if applicable): 2007 Certificates of Obligation Amount: $ 3800 Term of Impact: #[ ] 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”): Responsibilities upon Approval: Planning Director will advise contractor.



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From: Juan GuerraTo: Elizabeth M. WalkerCc: Leonardo OlivaresSubject: Re: Filing Fee ChallengeDate: Monday, August 25, 2014 10:35:46 PM

Ms. Walker:

I have reviewed the attached documents regarding Commissioner Noriega's fillingfees. After conferring with the Secretary of State they have deferred the charterinterpretation to the City Attorney.

My interpretations of City Ordinance section 2-193 is that it requires for hours ofservice to be used in an official capacity as an alternative to paying a filling fee haveto be performed without compensation. The hours of service provided byCommissioner Noriega in lieu of paying a filling fee were performed in her officialcapacity while attending both regular and special meetings. However, thedocuments provided to the City are conclusive that she was compensated for thesehours. Therefore, these hours cannot be used as an alternative to paying a fillingfee.

It is my legal conclusion that Commissioner Noriega's application is deficient due toher failure to pay the filling fee or to provide alternative payment. As aconsequence, her name should not be submitted to Hidalgo County Election office tobe placed on the ballet for the November election.

Please inform Commissioner Noriega in writing that her name will not be placed onthe ballot for the above stated reasons.

Jlg

Sent from my iPad

On Aug 25, 2014, at 6:48 PM, "Elizabeth M. Walker" <[email protected]>wrote:

Good afternoon, Mr. Guerra: Please find attached the correspondence received by my office pertaining to the filingfee as waived.I appreciate your timely review and written opinion as I intend to convey to theHidalgo County Elections office tomorrow the names to appear on the ballot. Elizabeth WalkerCity SecretaryCity of Weslaco255 South Kansas Ave.Weslaco, Texas 78596P 956.968.3181


September 2, 2014





ewalker

Typewritten Text

14 09 02 agenda supplements

Documents

pledge of allegiance

date of action

texas flag

commission action

united states of america

city manager

na recommendation

mayor john