12-09-27 special meeting agenda supplements

Date of Meeting: September 27, 2012

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

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

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

Discussion: A. Mayor will Call to Order and certify Public Notice. B. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. C. City Secretary will call roll.

Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: 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 Special Meeting Page 1

September 27, 2012

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


September 27, 2012


September 27, 2012

ORDINANCE NO. 2012-23

AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF WESLACO, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013.

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, 2012 to September 30, 2013, that due and timely public notice that a Public Hearing on such budget would be held on September 13, 2012, was given and made in accordance with state law and within the time limits set forth by law; that such Public Hearing was held in accordance with the law on September 13, 2012, 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, 2012.

PASSED AND APPROVED on first reading at a special meeting of the City Commission this 13th day of September, 2012.

PASSED AND APPROVED on second reading at a special meeting of the City Commission this 27th day of September, 2012.

CITY OF WESLACO _________________________________ Miguel D. Wise, MAYOR

ATTEST: __________________________________ Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

___________________________________ Ramon Vela, CITY ATTORNEY


September 27, 2012


AN ORDINANCE LEVYING AN AD VALOREM TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY OF WESLACO, TEXAS FOR THE TAX YEAR 2013, 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 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 2012 ($0.1951) 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: 2010 Certificate Obligation Refunding Bonds 0.0368 2003 Certification of Obligation Bonds 0.1162 2007 Certification of Obligation Bonds 0.0421

$0.1951

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 advalorem tax for the year 2012 ($0.6967) 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 DECREASE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE. THE TAX RATE WILL DECREASE FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $2.30.

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, together with all interest shall be paid.


September 27, 2012

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, 2013, 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 2013 7.0% March 2013 9.0% April 2013 11.0% May 2013 13.0% June 2013 15.0% July 2013 18.0%

PASSED AND APPROVED on first reading at a special meeting of the City Commission this 13th day of September 2012.

PASSED AND APPROVED on second reading at a special meeting of the City Commission this 27th day of September 2012.

CITY OF WESLACO _________________________________ Miguel D. Wise, MAYOR

ATTEST:

__________________________________ Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

___________________________________ Ramon Vela, CITY ATTORNEY


September 27, 2012


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, residential master meter (not including water)...…. $16.08 Minimum monthly bill, residential master meter (includes 2,000 gallons of water) if applied for by resident over 65, disabled, or veteran…..$10.71 Minimum monthly bill, second meter (solely for sprinkler system not including water)……………………………………………..……$8.36

(2) Charge per each 1,000 gallons or portion thereof…………….………………$2.79

(3) Charge per each 1,000 gallons or portion thereof (sprinkler meters only)…...$2.79

Schedule B. Residential Outside City Limits.

(1) Minimum monthly bill……………………………………..…………....…. $24.12

(2) Charge per each 1,000 gallons or portion thereof……………………….……$4.19


September 27, 2012

(3) Charge per each 1,000 gallons or portion thereof (sprinkler meters only)…..$4.19 Schedule C. Commercial and Multi-Family Users.

(1) Minimum monthly bill: 0 to 15,000 gallons…………………………………………………………. $16.12 15,001 to 35,000 gallons…………………………………………………… $33.32 35,000 gallons and over……………………………………………………. $49.97

(2) Charges per each 1,000 gallons or portion thereof: 0 to 15,000…………………………………………………………………....$2.79 15,001 gallons and over……………………………………………………... $3.11

Schedule D. 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 E. 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.


September 27, 2012

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: The minimum monthly charge for all classes of customers using the City of Weslaco wastewater treatment facilities shall be sixteen dollars and twenty-four cents ($16.24) per month. The monthly base rate will be ten dollars and eighty-three cents ($10.83) if applied for by a resident over 65 years of age, disabled, or a veteran.

(2) Additional Charges for single-family residential users. In addition to the minimum charge listed above, a charge of one dollar and eighty-six cents ($1.86) will be made for each one thousand (1,000) gallons of water used, or portion thereof.

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 21st day of August, 2012. PASSED AND APPROVED on second and final reading at regular meeting of the City Commission this 27th day of September, 2012. CITY OF WESLACO ___________________________________ Miguel D. Wise, MAYOR

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


September 27, 2012


AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 2006-24, CODIFIED IN THE WESLACO CODE OF ORDINANCES AS SECTION 62-54; ESTABLISHING BRUSH RATES TO BE CHARGED FOR THE BRUSH COLLECTION SERVICE TO REFLECT ACCURATE COST OF SERVICE; ESTABLISHING THAT ALL BUSINESS, COMMERCIAL, INDUSTRIAL AND MOBILE HOME/RECREATIONAL INDUSTRIAL AND MOBILE HOME/RECREATIONAL VEHICLE PARKS SHALL BE RESPONSIBLE FOR DISPOSING OF THEIR OWN BRUSH; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

SECTION I: BE IT ORDAINED BY THE CITY OF WESLACO, TEXAS. Section 1 of Ordinance 2006-24, passed and approved on August 1, 2006 and codified in the Weslaco Code of Ordinances as Section 62-54 is hereby amended to establish new rates to be charged for the brush pick-up service so that after second and final reading of this Ordinance Section 62-54 will read as follows:

Sec. 62-54. Brush Rates.

(a) The brush rates hereby established for funding the brush collection services shall be applicable for all customers within the city limits, except for those customers included in part (b) of this section, shall be based on the lot frontage of the property served by the customer’s water meter, payable monthly and included in the customer’s utility bill. Such monthly rates shall be set as follows:

Lot Frontage Charge

(in feet)

0 to 60……………………………......$11.04 60 to 90………………………………$14.18 90 and above…………………………$16.75

(b) Licensed business, commercial, industrial and mobile home/recreational vehicle park customers, serviced by a master water meter, shall collect, transport and deliver their brush at an appropriate licensed collection site. If they do not have the equipment to haul their brush, they should contract with a responsible third party for these services.

SECTION II: In the event any part of this ordinance is declared invalid, such invalidity shall not apply to the other parts as they are hereby severally established. SECTION III: This ordinance shall be in full force after the second and final reading of this ordinance.


September 27, 2012

PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 27th day of September, 2012.

PASSED AND APPROVED on second reading at a special meeting of the City

Commission this 16th day of October, 2012.

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


September 27, 2012


AN ORDINANCE AMENDING SECTION 12 OF ORDINANCE 397 CODIFIED AS SECTION 62-51 IN THE WESLACO CODE OF ORDINANCES TO FIX NEW RESIDENTIAL, COMMERCIAL AND INDUSTRIAL MUNICIPAL SOLID WASTE RATES; REQUIRING COMMERCIAL CONTAINERS IN SOME INSTANCES; FIXING A RATE TO BE CHARGED FOR COMMERCIAL CONTAINER SOLID WASTE COLLECTION; AND ORDAINING OTHER MATTERS WITH RESPECT TO THE SUBJECT MATTER HEREOF.

BE IT ORDAINED BY THE CITY OF WESLACO: Section I. Section 12 of Ordinance 397, passed and approved on the 7th day of September 1965 and codified as Section 62-51 in the Weslaco Code of Ordinances is hereby amended to establish new rates for municipal solid waste collection within the City of Weslaco so that after second and final reading of this Ordinance Section 62-51 shall read as follows:

ARTICLE II. CHARGES FOR COLLECTION* Sec. 62-51. Charge for removal.

It is the express intent and purpose of this chapter to fairly, reasonably, and equitably apportion the costs of the collection and removal of municipal solid waste within the city limits. In computing the charge made to any residence, duplex, triplex, apartment house, tenement house, or trailer court as unit, all apartments, tenements or trailers therein shall be deemed to be occupied unless the water meter serving the building is disconnected. In all cases, if a water meter is in service the house and all apartments or units served by that meter shall be deemed to be occupied.

RESIDENTIAL

The rate for residential municipal solid waste collection shall be fifteen dollars and five cents ($15.81) per container, per month, If a residential lot has more than one (1) family dwelling unit located thereon, other than in apartments, the above basic rate shall apply, plus a minimum of two dollars and ninety-three cents ($2.93) per month for each additional family dwelling unit thereon.

APARTMENT HOUSES

The rate for apartments, where all apartments are on one (1) water meter shall be the same as the applicable residence rate, plus a minimum of two dollars and ninety-three cents ($2.93) per month for each apartment unit in excess of one (1), whether or not all of such units are rented.


September 27, 2012

Where apartments have separate water meters the rate shall be a minimum of four dollars and ninety-nine cents ($4.99) per month for each apartment or unit in excess of one (1), plus the applicable residential rate.

TRAILERS OR MOBILE HOME UNITS

The minimum charge for trailers or mobile home units shall be two dollars and five cents ($2.05) for each available space provided.

ROOMING HOUSES The basic residence rate shall apply to rooming houses, If’ kitchen facilities are made available to the individual rooms in the rooming house, an additional two dollars and ninety-three cents ($2.93) per month shall be charged for each room having a kitchen facility in said room.

BUSINESS, COMMERCIAL AND INDUSTRIAL

(a) No business, commercial or industrial account shall be permitted to utilize more than six (6) containers, as defined in Section 62-6, regardless of the number of municipal solid waste pickups per week. Should six (6) standard containers be insufficient to accommodate the volume of trash generated by such account, such account shall be required to utilize a commercial container for solid waste collection, such commercial container to be supplied by the city, the size of such container being dependent upon the volume of solid waste generated, and the rates for commercial container pickups to be as hereinafter provided.

(b) For those commercial, industrial and business accounts whose volume of solid waste can be accommodated by not more than six (6) standard containers, the rate shall be fifteen dollars and eighty-one cents ($15.81) per container per month with 2 pickups per week, or as follows:

Number of Pickups Per Week Monthly Rate 2 $15.81 3 $47.43 4 $79.05 5 $110.67 6 $158.10

(c) For those business, commercial or industrial accounts required hereby to utilize a commercial container, the following rate schedule shall apply. Volume of Container (Cubic yards) Number of Pickups Per Week 1 2 3 4 5 6 2 71.45 139.72 204.75 267.00 330.63 394.25


September 27, 2012

3 82.57 151.34 220.17 288.96 357.74 426.56 4 94.76 181.92 268.38 353.10 439.91 526.72 6 138.47 252.60 332.01 435.76 539.50 641.88 8 162.84 298.24 375.36 517.37 640.51 763.61 30 Cubic yard will be charged $162.64 per haul plus $32.29 per ton for disposal plus $4.90 per day rental. The daily rental fee will be waived if hauled at least twice per month. The monthly charge or rate for the collection and removal of solid waste, trash and rubbish, and recyclables by the City of Weslaco from school districts shall be based on the business, commercial and industrial rates as prescribed. Section II. Except as heretofore and herein amended, the remaining provisions of Section 62-51 shall apply with full force and effect. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 27th day of September, 2012.

PASSED AND APPROVED on second reading at a special meeting of the City Commission this 16th day of October, 2012.

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


September 27, 2012

Date of Meeting: September 27, 2012

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

From (name, title, department and who submitting on behalf of, if any): Veronica S. Ramirez, Interim Human Resources Director Subject: Discuss/ consider to approve the Exempt and Non-Exempt Classified positions for FY 2013. 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: Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Responsibilities upon Approval:

Standardized Agenda Request Form


September 27, 2012

Documents

12-09-27 special meeting agenda supplements