CC Agenda Nov. 18, 2020
CITY COMMISSION AGENDA REGULAR MEETING NOVEMBER 18TH, 2020 @5:30P.M. VIA VIDEOCONFERENCE HARLINGEN, TEXAS
Notice is hereby given that the City Commission of the City of Harlingen, Texas will hold a Regular Meeting on Wednesday, November 18th, 2020 at 5:30P.M. via videoconference, while providing the public the ability to view the meeting via internet live streaming at www.myharlingen.us and the City of Harlingen YouTube Page. ·
In accordance with the order of the Office of the Governor issued March 16, 2020, the City of Harlingen, Texas will conduct the meeting via videoconference and provide viewing for the public using live stream in order to advance the public health goal of limiting face-to-face meetings (also called "social distancing") to slow the spread of the Coronavirus (CO VI D-19). To view the City Commission meeting live, go to www.myharlingen.us and click on "CITY COMMISSION LIVE. " The public will be permitted to offer citizen communication or participate in items listed as public hearings telephonically as provided by the agenda and as permitted by the presiding officer during the meeting. Written comments may also be submitted for City staff to read aloud during the meeting. To offer citizen communication or participate in scheduled public hearings telephonically, go to www.myharlingen.us and click on "PUBLIC HEARING AND CITIZEN COMMUNICATION FORM." Fill out the form and indicate the item you wish to address, and submit the form. Please indicate (1) the agenda item on which you wish to speak, (2) whether you prefer to speak on the item during citizen communication or at the time the agenda item is brought for consideration before the City Commission, and (3) a working telephone number at which you may be reached to submit your comments. The City will then call you when the item you wish to address is being considered. You will then address the City Commission through speakerphone, and your call will be made audible to the City Commission and to the public through the live stream. Please submit this request before 4 p.m. on the day of the meeting. To submit written comments for City staff to read aloud during the meeting, go to www.myharlingen.us and click on "PUBLIC HEARING AND CITIZEN COMMUNICATION FORM" write your comments (limited to 400 words or less) and submit the form. Please submit written comments before 4 p.m. the day of the meeting. A recording of the meeting will be made and will be available to the public in accordance with the Texas Open Meetings Act. City of Harlingen meetings are available to all persons regardless of disability. If you require special assistance, please contact the City Secretary's Office at (956) 216-5001 or write Post Office Box 2207, Harlingen, Texas 78550 at least 48 hours in advance of the meeting.
The Harlingen City Commission reserves the right, pursuant to the Texas Government Code Chapter 551 , Subchapter D, to enter into closed executive session on any item posted on the agenda if a matter is raised that is appropriate for closed discussion.
1 CCAgenda Nov. 18, 2020
Invocation- Mayor Pro-Tem Michael Mezmar
Pledge of Allegiance/Welcome
Call Meeting to Order
Citizen Communication/Input
1) Presentation of a proclamation- proclaiming "November as Children's Grief Awareness Month," and "Thursday, November 19, 2020 as Children's Grief Awareness Day." Attachment
2) Approval of Minutes
a) Special Meeting of September 22°d, 2020 b) Regular Meeting of October 7th, 2020 c) Special Joint City Commission and Development Corporation of Harlingen, Inc. Meeting of November 1oth, 2020
CONSENT AGENDA
The following items are of a routine or administrative nature. The Commission has been furnished with background material on each item and/or it has been discussed at a previous meeting. All items will be acted upon by one vote, without being discussed separately, unless requested by a Commission member. Items withdrawn from the Consent Agenda for individual consideration in their normal sequence will be heard after the remainder of the Consent Agenda has been acted upon.
3a) Second and final reading to adopt and approve an ordinance to designate a "No Parking Zone" along the east side of M Street south of Buchanan Ave. to the first driveway for approximately 120 ft. Attachment (Engineering)
b) Investment Report for the City of Harlingen for quarter ending September 30, 2020, and year ending September 30, 2020. Attachment (Finance)
c) Consideration and possible action to approve a refund of property taxes paid by Mirch Mason & Christopher, Account #98-2086-0030-0020-00 in the amount of $588.63 due to an adjustment adding a homestead and disability exemption for Year 2019. Attachment (Finance Dept.)
d) Consideration and possible action to approve a request from the Harlingen Consolidated Independent School District requesting to close the intersection of 13th Street & Harrison Avenue and 13th Street and Jefferson Street, Saturday, November 21, 2020 from 1:00 p.m. to 5:00 p.m. for the Pigskin Marching Contest at the Boggus Stadium. Attachment (Police Dept.)
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4) Consideration and possible action on a proposal from Boy Scout Aaron Josua Ambriz, who will fund and construct improvements at Lon C. Hill Park and Liberty Gardens as part of his Eagle Scout Project. Attachment (Parks & Recreation)
5) Consideration and possible action to accept and award contract to LED Electric in the amount of $102,500 for Vestal Sports Lighting Project Phase 2, and authorize the City Manager to execute any related documents. Attachment (Parks Department)
1 6) Consideration and possible action to approve the removal of two (2) crosswalks on 13 h Street located along the eastside of Harlingen High School. Attachment (Engineering)
7) Consideration and possible action to approve an ordinance on first reading to repeal a portion of Ordinance 06-45 designating a "No Parking Zone" on the east and west sides of 27th Street from Grimes Avenue south 200 feet and 238 feet on the south side of Grimes Avenue from 26th Street to 27th Street. Attachment (Engineering)
8) Consideration and possible action to approve a resolution appointing a city representative to the Cameron County Appraisal District Board of Directors for a two (2) year staggered term. Attachment (City Manager)
9) Consideration and possible action to appoint Ms. Ana Hernandez, Mobility and Special Projects Director, as an alternate member for the City of Harlingen to the Technical Advisory Committee (TAC) of the Rio Grande Valley Metropolitan Planning Organization (RGVMPO). Attachment (City Manager)
10 ) Consideration and possible action to authorize the City Manager, on behalf of the City of Harlingen, Texas, and the Police Chief, on behalf of the Harlingen Police Department, to enter into a Memorandum of Understanding (MOU) with High Intensity Drug Trafficking Areas (HIDTA) Program and the Cameron County Auditor's Office (CCAO). Attachment (Police Dept.)
11) Board Appointments
Discussion and possible action regarding membership on any of the following listed board/entity:
a. Airport Board (2) b. Animal Shelter Advisory Committee (4) c. Audit Committee (1 -vacancy) (terms expired June, 2019) d. Civil Service Commission (2) e. Community Development Advisory Board (1) f. Construction Board of Adjustments (5) g. Convention & Visitors Bureau (1) h. Development Corporation of Harlingen, Inc. i. Downtown Improvement District Board ( 1) j. Golf Course Advisory Board k. Harlingen Community Improvement Board I. Harlingen Housing Authority Board (2) m.Harlingen Finance Corporation (4) n. Keep Harlingen Beautiful Board (4) o. Library Advisory Board (2)
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p. Mayor Well ness Council q. Museum Advisory Board (2) q. Parks Advisory Board r. Planning & Zoning Advisory Board s. Senior Citizens Advisory Board t. Tax Increment Finance Board (7) u. Utility Board of Trustees v. Veterans Advisory Board w. Zoning Board of Adjustments (4) x. Complete Census Committee
Specifically, appointment or discussion and possible action to include appointment bylaws and/or removal of any position subject to appointment or removal by statute, ordinance or bylaws.
12) Executive Closed Session
a) Attorney consultation pursuant to Section 551 .071 , Texas Gov't Code, to seek advice regarding the City's legal duties and obligations in connection with pending litigation styled and numbered, Ruben R. Pena, Sr., eta/., vs. City of Harlingen, Texas, Civil Action No. 1: 20-CV-163, in the United States District Court Southern District of Texas Brownsville Division, and related legal matters. (City Manager)
I, the undersigned authority, do hereby certify that the above Notice of the Regular Meeting of the Harlingen City Commission is a true and correct copy of said notice posted on the bulletin board at City Hall of said City of Harli ngen, Texas in a place convenient and readily accessible to the general public at all times and on the Corporation's Internet Website and said Notice was posted on Friday, November 13th, 2020, at or before !f;?JS p.m. and remained so posted for at least 72 hours preceding the time of said meeting.
1 Dated this 13 h November, 2020
Amanda C. Elizondo, 1ty Secretary
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1 SPECIAL MEETING 2 3 CITY COMMISSION HARLINGEN, TEXAS 4 September 22"d, 2020 5 6 A Special Meeting of the Harlingen City Commission was held September 22"d, 2020 at 5:30 p.m., 7 City Hall, Town Hall Meeting Room, 118 E. Tyler Street, Harlingen, Texas and via videoconference, 8 providing the public the ability to view the meeting via internet, live streaming and permitting the public 9 to offer citizen communication in person or participate in items listed on the agenda via 10 videoconferencing or telephonically via www.myharlingen.us. Those in attendance were: 11 12 Mayor and Commissioners 13 Mayor Chris Boswell 14 Michael Mezmar, Mayor Pro-Tem District 3 (Thru zoom) 15 Richard Uribe, Commissioner District 1 16 Frank Puente, Commissioner District 2 17 Ruben de Ia Rosa, Commissioner District 4 18 Victor Leal, Commissioner District 5 19 20 City Staff 21 Dan Serna, City Manager 22 Amanda C. Elizondo, City Secretary 23 Allison Rodriguez- Bastian, Asst. City Attorney 24 25 Call Meeting to Order 26 27 Mayor Boswell called the meeting to order. A quorum was established and announced the 28 meeting was duly posted according to state law. The following proceedings were held: 29 30 Citizen Communication/Input 31 32 • Ron Lozano-241 0 Riverside Dr. spoke on Agenda Items 1 and 2. 33 34 1) Consideration and action to adopt and approve an ordinance on second and final reading for 35 Tax Year 2020 ad valorem tax rate for maintenance and operations (M&O) together with the 36 interest and sinking (I&S) rate for Fiscal Year 2021 by record vote. 37 38 Robert Rodriguez, Finance Director, stated Chapter 26 of the Texas Government Tax Code 39 requires the City Commission to adopt the City's tax rate by record vote. The proposed maintenance 40 and operations rate for Tax Year 2020 is $0.525762 per $100 va luation. Together with the interest 41 and sinking rate of $0.094087 per $100 valuation for a total proposed tax rate of $0.619849 per $100 42 valuation. All legal requirements were met for the adoption of the tax rate. The proposed tax rate is 43 greater than the no-new-revenue tax rate which means that the City of Harlingen is proposing to 44 increase property taxes for the 2020 tax year. 45 46 Motion was made by Commissioner Leal "I move that the maintenance and operations rate be 47 fixed at 0.525762." Commissioner Uribe seconded the motion. Record vote carried as follow by a 48 show of hands: FOR: Mayor Pro-Tem, Michael Mezmar, Commissioners: Uribe, De La Rosa and 49 Leal. AGAINST: Commissioner Puente. Vote (4-1 ) so 51 Motion was made by Commissioner Leal "I move that the Interest and Sinking Tax rate be 52 fixed at 0.094087." Commissioner Uribe seconded the motion. Record vote carried as follow by a
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1 show of hands: FOR: Mayor Pro-Tem, Michael Mezmar, Commissioners: Uribe, De La Rosa and 2 Leal. AGAINST: Commissioner Puente. Vote (4-1) 3 4 Motion was made by Commissioner Leal "l move that the property tax rate be increased by the s adoption of a tax rate of .619849, which is effectively a 3.06% percent increase in the tax rate." 6 Record vote carried as follow by a show of hands: FOR: Mayor Pro-Tem, Michael Mezmar, 7 Commissioners: Uribe, De La Rosa and Leal. AGAINST: Commissioner Puente. Vote (4-1) 8 9 2) Consideration and possible action to approve the Convention Center Budget for Fiscal Year 10 2020-2021 . 11 12 Carlos A Sanchez, Asst. City Manager stated in accordance to the Convention Center 13 Developer's Agreement, representatives from BC Lynd Hospitality were in attendance to present the 14 proposed operating budget for Fiscal Year 2020-2021 . 15 16 Steve Morgan, Director of Operations, gave a brief overview of the Fiscal Year 2020 Budget 17 and the Proposed Budget for Fiscal Year 2021 . In Year 2020 they had a budget of $955,108, but by 18 February, they started to experience the COVID-19 Pandemic. By September 2020 their final sales 19 totaled to $890,030 with a variance of $65,078. Due to COVID-19, cancellations started in March to 20 the present and experienced a loss of $182,190. Total sales for FY 2021 , $488,150; house profit of 21 (-$226,027); and management fee of 3% which equals to $14,645. Management fee - (-234,272), 22 house profit of total sales to date $488,150, cost of sales- $76,327, wages- 270,006, plus taxes 23 - $22,951 , leaving a total of $338,993 for expenses. 24 25 Motion was made by Commissioner Uribe and seconded Mayor Pro-Tem Mezmar and 26 seconded by Commissioner De La Rosa to approve the Convention Center Budget for Fiscal Year 27 2020-2021 . 28 29 Ron Lozano, resident of 2410 Riverside Drive, asked if there was a director's salary for 30 $42,000 and a manager for sales for $117,000. 31 32 Mr. Morgan responded yes, there were two (2) different positions as per the agreement. 33 34 Commissioner Uribe complimented the convention center staff and stated they were doing a 35 great job especially with the ongoing pandemic. 36 37 Motion carried unanimously. 38 39 3) Presentation by the Keep Harlingen Beautiful Board and possible action to approve the Keep 40 Harlingen Beautiful Board Budget for Fiscal Year 2020-2021 . 41 42 Nick Consiglio, Chairman of the Keep Harlingen Beautiful (KHB) Board, highlighted the 43 proposed budget for KHB. Over the years, they have been an integral partner of the City in carrying 44 out various beautification and environmental conservation projects in Harlingen. These projects have 45 included city wide cleanup events, landscaping, promotion of the recycling center to bring education 46 and awareness of recycling at the local schools and public outreach events. Based on the existing 47 agreement (Resolution 06R-29); the KHB Board is proposing $150,000 budget for Fiscal Year 2020- 48 2021. The major part of the budget will be for beautification projects. 49 so Commissioner Uribe asked if the labor cost was added to the budget or would they be 51 partnering with the Parks and Public Works Departments. This could be a concern because of the 52 lack of funding . Who would be responsible to administer the program?
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1 Mr. Serna responded the proposed budget did not include an adm inistration fee. Assistance 2 from in-house would be provided to help with the labor work. 3 4 Motion was made by Commissioner Leal and seconded by Commissioner Uribe to approve 5 the Keep Harlingen Beautiful Board Budget for Fiscal Year 2020-2021 . Motion carried unanimously. 6 7 Adjournment 8 9 There being no other business to discuss, Mayor Boswell adjourned the meeting . 10 11 City of Harlingen 12 13 14 ATTEST: Chris Boswell, Mayor 15 16 17 Amanda C. Elizondo, City Secretary 18
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1 REGULAR MEETING 2 3 CITY COMMISSION HARLINGEN, TEXAS 4 October ?'h, 2020 5 6 A Regular Meeting of the Harlingen City Commission was held Wednesday, October 7th, 2020 at 5:30 7 p.m. via videoconference, while providing the public the ability to view the meeting via internet live 8 streaming at www.myharlingen.us and the City of Harlingen YouTube Page. 9 10 Mayor and Commissioners 11 Mayor Chris Boswell 12 Michael Mezmar, Mayor Pro-Tem District 3 (Thru Zoom) 13 Richard Uribe, Commissioner District 1 14 Frank Puente, Commissioner District 2 15 Ruben de Ia Rosa, Commissioner District 4 16 Victor Leal, Commissioner District 5 17 18 City Staff 19 Dan Serna, City Manager 20 Amanda C. Elizondo, City Secretary 21 Allison Rodriguez- Bastian, Asst. City Attorney 22 23 Invocation - Richard Uribe. City Commissioner 24 25 Pledge of Allegiance/Welcome 26 27 Mayor Chris Boswell recited the Pledge of Allegiance and welcomed those in attendance thru 28 the ZOOM meeting. 29 30 Call Meeting to Order 31 32 Mayor Boswell called the meeting to order. A quorum was established and announced the 33 meeting was duly posted according to state law. The following proceedings were held: 34 35 Citizen Communication/Input 36 37 The following individuals from No. 1 to 11 were asked to be called to express their opposition 38 on the items indicated below with the exception of Mr. Dustin Moore; he was in favor of Item No. 9. 39 Individuals from 12 to 15 asked that their comments be read. They expressed concern in regards to 40 the City's drainage and opposed the Shadowbrook Variance. Mr. John Lane spoke in regarding to the 41 board unexpired terms. 42 43 1. Ron Lang, 204 Parkview Circle 8. David Garcia, 24822 Champion Drive 44 Item 3d (Ord. Amending Chapter 10-Subdivisions) (Drainage) 45 2. John Lane, 1702 Gabriels Landing 9. Dustin Moore, 16048 El Caribe Circle, 46 Item: 3e (Step Comp. Grant) & (Item 14- Bd. Appts.) (Item No. 9- Shadowbrook Variance, (Design Engineer) 47 3. Martha Gracia, 9319 N. Vista Del Sol, 10. Donald Lantz, 321 East. Flynn Ave., 48 (Items 3c & 3d - (Subd. Guidelines and Chapter 109-Subds.) (Item No. - Shadowbrook Variance 49 4. Eddie Rocha, 538 Lake Drive Item 3c, 3d, Items 4, 5, & 6) 11. Alma A rce, 317 E. Flynn Ave 50 (Subd. Guidelines and Chapter 109-Subds & Drainage ) (Item No. 9 - Shadowbrook Variance) 51 5. JV Garcia, 5718 Wild Persim111on, 12. Mark Arce, 317 E. Flynn Ave. 52 (Items 3c and 3d Subd.-Guidelines and C hapter 109-Subds) (Item No. 9- Shadowbrook Variance) 53 6. Ron Lozano, 2410 Riverside Dr. 13. Irene Gonzales, 313 E. Flynn Ave 54 ( Items 3 & 4- Drainage) (Item No. 9- Shadowbrook Variance) 55 7. Anibal Cestero, 406 W ild Orchid 14. Florinda & Chand Taneja, 2128 Shadowbrook Circle, 56 57
1 Reg. CC Mtg. Oct. 7, 2020
1 (Items 3 & 4Drainage) (Item No. 9 - Shadowbrook Variance) 2 15. Dawn Graves, 1605 E. Crockett Ave., (Drainage) 3 4 Mayor Boswell pointed out that vacancies are not necessarily vacancies represented by s numbers because board members are not permitted to holdover appointments. Holdover 6 appointments are a device to be used under certain circumstances for example COVID-19, where we 7 want to leave a board intact during the pandemic. 8 9 1) Presentation of proclamations proclaiming the following: 10 11 a) "Fire Prevention Week from October 4th thru 1oth. 2020." 12 13 b) "National Disability Employment Awareness" for the Month of October. 2020. 14 15 Mayor Boswell read the proclamations proclaiming the week of October 4th thru 1Oth , 2020 as 16 "Fire Prevention Week" and "National Disability Employment Awareness for the month of October, 17 2020." Present to witness the presentation of the proclamations were: Eddie Alvarez, Interim Fire 18 Chief and Maria Roussett and Noe De La Fuente with the Texas Workforce Commission. 19 20 2) Approval of Minutes 21 22 a) Regular Meeting of August 19. 2020 23 24 Motion was made by Commissioner Uribe and seconded by Commissioner Puente to approve 25 the Regular Minutes of August 19, 2020. Motion carried unanimously. 26 27 CONSENT AGENDA 28 29 3a) Second and final reading to approve and adopt an ordinance for a Special Use Permit 30 ("SUP") to allow an adult business (vape shop) in a General Retail ("GR") District located 31 at 1338 N. Ed Carey Drive. bearing a legal description of Lot 5. Harlingen Towne Center 32 Subdivision. Applicant: Ali Sheikhani. 33 34 b) Second and final reading to approve and adopt an ordinance to abandon and vacate a utility 35 easement being an 841 square foot tract of land. more or less. being 10 ft. wide on the south 36 side of Lot 3. Block 10. Park Meadows Subdivision Section 6. located at 122 Park Lane East. 37 Applicant: Harlingen Community Development Corporation. 38 39 c) Second and final reading to approve and adopt an ordinance amending the City of 40 Harlingen Code of Ordinances. Chapter 109-Subd ivisions. adding a new Article IX. "City 41 of Harlingen Subdivision Development Guide." establishing a standard design guide for public 42 infrastructure. 43 44 d) Second and final reading to approve and adopt an ordinance amending the City of 45 Harlingen Code of Ordinances. Chapter 109 -Subdivisions. Articles I-VIII throughout. 46 47 e) Consideration and possible action to authorize the City Manager. on behalf of the City of 48 Harlingen. to accept STEP COMP Grant for $40.000.00 made available through the Texas 49 Department of Transportation (TXDOT) Comprehensive Program with a City's match of so $10.023.33 for total grant amount of $50.023.23 for Fiscal Year 2020-2021 . 51 52 f) Consideration and possible action to approve a request from Robert L. Davies, Harlingen 53 Consolidated Independent School District Athletic Director. to close Intersection of 12th Street 54 & East Monroe Avenue; Intersection of 1 i h Street and East Van Buren Avenue; any and all
2 Reg. CC Mtg. Oct. 7, 2020
1 1 alleyways leading to North 13 h Street on the following dates for their 2020 Football Games 2 from 4 p.m. to 11 p.m. 3 4 1. October 30. 2020 (Bird Bowl) 5 2. November 6. 13. 19. 2020 6 3. November 20. 2020 (Battle of the Arroyo) 7 4. November 27. 2020- first game at 1:00 p.m. 8 5. November 27. 2020- second game at 4:00p.m. 9 6. To Be Announced (TBA-Possible Playoff Games) 10 11 g) Consideration and possible action to authorize the City Manager. on behalf of the City of 12 Harlingen. to accept a grant award from the Department of Justice - Bureau of Justice 13 Assistance Edward Byrne JAG Program for $17. 288.00. 14 15 Commissioner Puente and Commissioner Uribe requested to remove Items 3c, f, and g for 16 further discussion. 17 18 Motion was made by Commissioner Uribe and seconded by Commissioner Leal to remove 19 Items 3 (c, d and f) from the consent agenda and approve Items 3 (a , b, e, & g). Motion carried 20 unanimously. 21 22 Motion was made by Commissioner Leal and seconded by Commissioner De La Rosa to 23 approve Consent Agenda Item 3c. 24 25 Commissioner Puente asked for a clarification regarding the cost between a 25 year and a 50 26 year storm. 27 28 Andy Vigstol, City Engineer, stated it was difficult to put an actual number because each 29 subdivision is unique in its development and whether or not a detention pond will be provided or 30 another drainage system. The conceptual subdivision provided by Mr. Juan Garcia did not include a 31 detention pond and if one had been provided it would require additional piping . Also, there is an x 32 percent increase in cost between a 25 and a 10 year storm . 33 34 Discussion was held in regards to an actual cost between a 25 and a 50 year storm and Mayor 35 Pro-Tem Mezmar stated it hard to determine the cost due to the multiple variables involved, such as, 36 the size of the development, lots, the concrete including driveways, width of the streets, acreage 37 taken up by streets and more importantly the elevation. 38 39 Commissioner Puente stated Section 109.3 of the Subdivision Ordinance refers to adequate 40 storm water management by providing drainage systems, associated structures and improvements 41 with new subdivisions to reasonably protect against loss and property during flooding. The City main 42 concern should be how can the City best protect the citizens and yet the City still did have a cost. 43 During the variance process a determination could be made whether the improvements are needed or 44 not. He recommended tabling the item to get a better clarification because he was concerned about 45 approving the item and not knowing a true cost. 46 47 Mayor Pro-Tem Mezmar stated the City is acting in its best interest to protect all citizens 48 especially those in new developments. The City is applying for funding, but it takes millions of dollars 49 to properly drain the City due to the elevation and the gradient to the ocean. so 51 52 53
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1 Mayor Boswell stated a good example is the Spanish Oak Subdivision where they have had a 2 lot of bad flooding last year. There are original houses that were built earlier and not properly 3 elevated. This ordinance strengthens the City's building codes, ordinances and guidelines and 4 alleviates against further flooding. The guidelines are there to protect the life and property and we s expect for the City's engineering team to do their very best. Staff has been working on this for a long 6 time. There has been a lot of input from everybody and I appreciate the discussion tonight. Mayor 7 Boswell entertained a vote on this item. 8 9 Motion carried as follow: FOR: Mayor Pro-Tem Mezmar, Commissioners: Leal and De La 10 Rosa. AGAINST: Commissioner's Uribe and Puente. Vote: (3-2). 11 12 Mayor Boswell proceeded with Item 3d and 3f. 13 14 Motion was made by Mayor Pro-Tem Mezmar and seconded by Commissioner De La Rosa to 15 approve Item 3d. Motion carried as follow: FOR: Mayor Pro-Tem Mezmar, Commissioners: Leal and 16 De La Rosa. AGAINST: Commissioners: Uribe and Puente. Vote: (3-2). 17 18 Commissioner Uribe referred to Item 3f and asked if staff knew the capacity of people that 19 were planning to be at the stadium. Was the City paying for security, police officers, and staff to be 20 present at event? Will the school district be paying the City for its services? Due to the 25% capacity, 21 reduced traffic and the school not allowing the band to play was there a need to close all the 22 requested streets. 23 24 Michael Kester, Chief of Police, stated he was not aware of the number of people allowed 25 inside the stadium during game times. He believed that the Harlingen Consolidated Independent 26 School District was abiding the Texas Education Agency rules and recommendations. The school 27 would reimburse the City for all city services. He recommended closing the streets, but they could 28 alter the request if the game ends early or if there is a lot less people. 29 30 Motion was made by Commissioner Uribe and seconded by Commissioner Leal to approve 31 Item 3f. Motion carried unanimously.
32 4) Presentation on City of Harlingen flood control and flood mitigation projects and grant 33 opportunities. 34 35 Carlos Sanchez, Asst. City Manager, presented a power point on the City of Harlingen Strom 36 Water Management. Storm water systems are designed to address the peak flow of rain water. He 37 highlighted the Storm Characteristics, Existing Storm Sewer System, Extension of Storm Sewer 38 System, identifying the state of the City's storm sewer system and structuring response, projects 39 completed to date, year of construction, project cost estimates, bond/G.F . cost, and grant funds. 40 41 PROJECTS IMPROVEMENTS COMPLETED TO DATE 42 43 PROJECT BOND/G. F. GRANT 44 PROJECT COST/EST COST FUNDS 45 46 2008 Downtown Drainage Improvements $ 4,300,000 $ 4,300,000 47 Matz/New Combs Drainage Improvements 852,000 852,000 48 7ni & Bowie Drainage Improvements 447,000 447,000 49 Green Acres Drainage Improvements 587,000 587,000 so Northwest Drainage Improvements Phase I 406,000 $ 406,000 51 2009 Northwest Drainage Improvements Phase II 613,000 613,000 52 Lipscomb Drainage Ditch 43,000 43,000 53 2010 Northwest Drainage Improvements Phase Ill 1,250,000 1,205,000 54 55 2012 Northwest Drainage Improvements Phase IV 480,000 408,000 56 2013 Buchanan, Hays, & M Street Drainage Improvements Phase I & II 539,000 539,000 57 2012 Jefferson Drainage Ditch 2,300,000 575,000 1,725,000
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1 201 3 Buchanan. Hays & M Street Drainage Improvements Phase Ill 471 ,000 471 ,000 2 2013 Buchanan, Hays & M Street Drainage Improvement Phase V 420,000 420,000 3 2014 Buchanan, Hays & M Street Drainage Improvement Phase IV 190,000 190,000 4 2014 3m Street Drainage Ditch Improvement Project $ 530.000 $ 132.500 $ 397.500 5 GRAND TOTAL $ 13,428,200 $6,936,700 $6,491,500 6 7 Mr. Sanchez also highlighted the following projects that were done in-house to reset the water 8 flow, used exaction equipment to re-profile the ditch, the width of the canal was increased; the south 9 berm of the canal was raised and compacted to allow an increase in the conveyance volume of the 10 drain ditch and contain the water within the ditch. 11 12 IN-HOUSE LIST OF PROJECT 13 14 • Drainage Improvements - Secluded Acres/Spanish Subd. 15 • Becky Lane Storm Drain Improvements 16 • Halpin Road - Roadside Drainage Ditch 17 • Lake Drive Storm Drain Improvements 18 • Jefferson Drainage Ditch Repairs -Project Cost $278,891 .98 19 • 131h Street Drainage Ditch Improvement - 2019 (In partnership with CCDD, No. 5 and Harlingen Irrigation Dist. No. 1, 20 Est. Project Cost- $157,374 21 • Dixieland Road Drainage Ditch Improvement (In partnership with CCDD, No. 5 and Harlingen Irrigation Dist. No. 1. Est. 22 Project Cost - $494,584 1 1 23 • 9 h & 13 h Street Storm Sewer Improvements 2018-2020, Funded by FEMA - Hazard Mitigation Grant Program, Project 24 Cost- $2,591 ,644.70 25 26 HAZARD MITGATION GRANT PROGRAM- GRANT FUNDED PROJECT REQUESTS 27 28 POSSIBLE FUNDING SOURCE 29 PROJECT ~ GEN. FUND GRANT FUNDED APPLICATION 30 NAME EST. CCITY MATCHl FUNDS Y....L.t:!. FUNDING AGENCY SUBMITTED 31 32 33 Jefferson St. 34 Drain Imp. (124) $ 2,402,995 $ 572,142 $ 1,830,853 X FEMA-HMGP PHASE I 2017, 2019 35 (Pending Review) 36 Bus. 77 & 131h St. 37 Storm Sewer Imp. 38 Project ( 139) $3,875,732 $ 968,933 $2,906,799 X Grant App. Submitted 39 (FEMA-HMGP-Pending Review) 2016, 2018, 2019 40 51h & ih Storm Sewer 41 Imp. Project (021) $2,681 ,882 $ 670,471 $ 2,011,411 X Grant App. Submitted 2017, 2019 42 (FEMA-HMGP-Pending Review) 43 1 44 21 h St. Storm $1,596,752 $ 399,188 $ 1,1 97,564 X Grant App. Submitted 2017, 2019 45 Drain Imp. (007) (FEMA-HMGP-Pending Review) 46 47 Treasure Hills/ $ 690,836 $ 172,709 $ 518,127 X Grant App. Submitted 2019 48 251h Streel (008) (FEMA-HMGP-Pending Review) 49 so Total $11,248,195 $2,783,443 $ 8,464,754 51 52 CCDD #5 Drainage Improvements 53 Regional Detention Facilities 54 • Brazil Road Pond - Completed; 55 • Lafayette Rd Pond- Completed; 56 • Briggs Coleman Road Ponds (East & West)- ongoing excavation; 57 • North of 13th Street Ponds - Flood Infrastructure Funding (FIF) Application; 58 • Sibley Lateral Pond - FIF; 59 • Murphy Lateral Ponds - FIF; 60 • South Fork Lateral Pond - FIF; 61 • Concrete Line North Main Canal - Wilson Road to Business 77- Completed; 62 • 13th Street Drain Ditch Improvement - Completed; and 63 • Dixieland Drain Ditch improvement - On-going 64 65 TEXAS WATER DEVELOPMENT BOARD IFIFl 66 FLOOD INFRASTRUCTURE FUND (FIF)
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1 2 • November 05, 2019, Texas Voters Approve Proposition No. 8; 3 • Financing of Draining, flood mitigation and flood control projects, including: 4 • Planning and design activities; 5 • Wor1< to obtain necessary regulatory approvals; and 6 • Construction and/or implementation of flood projects 7 • Abridge Application were due June 2020; 8 • Prioritization and Invitations to submit full applications sent out September 17, 2020 9 • Full Application due October 19, 2020 10 • Funds available- $770,000,000 Year 1 11 • Emphasis on regional flood management 12 • Emphasis on regional coordination 13 14 CITY OF HARLINGEN - FIF APPLICATIONS 15 16 • HUC 1 0 - Flood Protection planning study; 17 • Category 1 Funding (Water Studies); 18 • Rank 41 out of 285 projects; 19 • Request - $6,237,0009 (match from all stakeholders); 20 • Eligible for 90% grant- $5,613,300; 21 22 • 9111 & 13111 Street Drainage Improvements 23 • Category 3 Finding (Federal award matching funds); 24 • Rank 115 out of projects; 25 • Assist Communities w/ matching funds for Federal Funded Project; 26 • Request $1 ,686,743 27 • Eligible for 90% - 1,518,068. 70 28 29 TWDB FIF ELIGIBLE PROJECT 30 9™ & 13™ STREET STORM SEWER IMPROVEMENT 31 32 • 201 8-2020 funded By FEMA- Hazards; 33 • Mitigation Grant Program 34 • Project Cost= $2,591,644.70 35 • City's Share- $1,686,743 36 • Possible Reimbursement - $1 ,518,068.70 37 38 Mayor Boswell thanked Mr. Sanchez for the presentation and proceeded with Item No. 7. 39 40 7) Consideration and possible action to adopt a resolution authorizing the annual budget 41 effective Fiscal Year 2020/2021: whereby $150.000 is allocated to Keep Harlingen 42 Beautiful for City Beautification Projects. 43 44 Mr. Sanchez stated the proposed resolution is to rescind Resolution No. 06R-29 and provide 45 fundi ng for City beautification projects in partnership with Keep Harlingen Beautiful for an amount not 46 to exceed $150,000. The $150,000 is subject to approval of the Annual Proposed Budget for FY 47 2020-2021. If the funding is approved the funds will be from the Sanitation Fund. 48 49 Motion was made by Commissioner De La Rosa and seconded by Commissioner Leal to so adopt the resolution authorizing the annual budget effective Fiscal Year 2020/2021 allocating 51 $150,000 to Keep Harlingen Beautiful for beautification projects. Motion carried unanimously. 52 53 Mayor Boswell returned to the regular order of the agenda and proceeded with Item No. 5. 54
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1 5) Consideration and possible action to approve a resolution authorizing the City Manager to 2 submit and execute a grant application for the glh & 13th Street Drainage Improvements project 3 to the Texas Water Development Board under the 2020 Flood Infrastructure program and to 4 act on behalf of the City in all matters relating to this funding nomination and to execute all s necessary application. assurances. certifications. forms. interposal agreements. notifications. 6 and other documents. relative to the submission. later acceptance. and administration of such 7 funds. 8 9 Motion was made by Commissioner Leal and seconded by Commissioner De La Rosa to 10 approve the resolution authorizing the City Manager to submit and execute a grant application for the 11 gth & 13th Street Drainage Improvements Project to the Texas Water Development Board under the 12 2020 Flood Infrastructure Program and to act on behalf of the City in all matters relating to this funding 13 nomination and to execute all necessary application, assurances, certifications, forms, interposal 14 agreements, notifications, and other documents, relative to the submission, later acceptance, and 15 administration of such funds. Motion carried unanimously. 16 17 6) Consideration and possible action to approve a resolution authorizing the City Manager to 18 submit and execute a grant application for a regional Flood Protection Planning Study to 19 the Texas Water Development Board under the 2020 Flood Infrastructure Program and to act 20 on behalf of the City in all matters relating to this funding nomination and to execute all 21 necessary application. assurances. certifications. forms. interposal agreements. notifications 22 and other documents. relative to the submission. later acceptance. and administration of such 23 funds. 24 25 Motion was made by Commissioner Uribe and seconded by Commissioner Leal to approve 26 the resolution authorizing the City Manager to submit and execute a grant application for a Regional 27 Flood Protection Planning Study to the Texas Water Development Board under the 2020 Flood 28 Infrastructure Program and to act on behalf of the City in all matters relating to this funding nomination 29 and to execute all necessary application, assurances, certifications, forms, interposal 30 agreements, notifications and other documents, relative to the submission , later acceptance, and 31 administration of such funds. Motion carried unanimously. 32 33 8) Presentation by the MIS Director on the City Wi-Fi Project for the Parks Department. 34 35 Sergio Mujica, MIS Director, stated the City in partnership with the Harlingen Consolidated 36 Independent School District (HCISD) has been working on a City Wi-Fi Project. The goal is to provide 37 We-FI connectivity throughout the City to provide access to HCISD students, residents, and 38 workforce. This project will help bridge the digital devise, close the homework gap and allow for home 39 based schooling and work from home. This project would encompass 2.5 mile coverage for three 40 location (Baxter Lofts, PO Communication Tower, and Stuart Place Water Tower; Wi-Fi for 26 HCISD 41 School campuses; HCISD proposes (5) Wi-Fi locations, and (22) City parks plus five (5) additional 42 sites. 43 PROJECT COST 44 45 Infrastructure for Wireless Community/Smart City - 3 Locations $ 256,964.48 46 (Additional Year Maintenance) 14,400.00 47 Deployment of Equipment @ 24 Park Sites 76,098.40 48 (Additional Year Maintenance) 18,182.40 49 HCISD Deployment to five (5) Locations 16.498.00 so Grand Total $ 348,560.88 51 52 COMPLETE CITY WIDE Wi-Fi COVERAGE 53 54 Deployment of Equipment @Street Level 55 Utility Poles (1 , 193 Sites) 56 AEP Fees for use of their poles $ 131 ,500.00 (Yearly $75,000)
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1 Total Cost $ 2,257.310.00 (Yearly Maintenance $98,436) 2 3 Discussion was held regarding the cost participation from the school, if the Cares Act would 4 cover the cost for this project, coverage of hotspots received for all the students, overall project cost 5 and if the Cares funds would reimburse the City for this project. 6 7 Mr. Serna stated the cost of the initial infrastructure and the parks is $332,062.88 and HCISD 8 will be responsible to pay $16,498.00. This will make a good platform to build a smart City in the 9 future and attractive for economic development. 10 11 Mayor Boswell thanked Mr. Mujica for the presentation, no action was taken.
12 9) Public hearing to consider a request for a residential re-plat with a variance to the 13 minimum lot depth requirements as per Harlingen City Code Section 109-124(b) (4). for the 14 proposed Re-plat of a 0.59 acre tract out of Lot 1. Block 3. Shadow brook Subdivision. located 15 on the south side of E. Davis Street. east of N 3rd Street. Applicant: Dustin Moore of Moore 16 Land Surveying. LLC. c/o SSR Funding. LLC. 17 18 Xavier Cervantes, Planning and Zoning Manager, stated Mr. Dustin Moore of Moore Land 19 Surveying, LLC. c/o SSR Funding, LLC, applicant and developer, is requesting a variance for a 20 proposed residential replat with regards to the lot depth requirement of 100ft. The existing platted lot 21 is a triangular shape lot and has a maximum depth of 93.81 ft. The owner is requesting to replat the 22 property into 3 lots. The current lot does not comply with the minimum depth requirements. The 23 dimensions of Lots 1, 2, and 3, comply with the minimum width requirements. The surrounding land 24 uses consists of single family residential to the north, west, and south, multifamily residential use to 25 the east and the surrounding properties in all directions. Shadowbrook Subdivision was recorded in 26 1981 for 4 7 town home lots and in 1992 to combine some of the town home lots to construct patio 27 home lots. 28 29 On June 14, 2017, the Planning and Zoning (P&Z) Commission recommended disapproval of 30 the rezone from Residential, Single Family ("R- 1" ) to Residential, Multi-Family (M-2). On February 12, 31 2020, the P&Z Commission recommended disapproval of the rezoning request to Multi-Family 32 Residential (M-2) and recommended approval of the rezoning request subject to a 3/4-Piex 33 Residential (M-1 ) by a vote of 3 to 0. On February 19, 2020, the City Commission disapproved the 34 rezoning request. The variance request was reviewed by the Engineering Department and had no 35 objections. The proposed re-plat is adjacent to a drainage ditch on two (2) of its three sides. The 36 drainage ditch leads north to the "North Main Drain" to the outfall. The Engineering Department 37 recommended approval of the subdivision subject to the developer including a storm water mitigation 38 strategy for a 25-Year Storm with a release rate of an exi sting 10-Year Storm event. Section 212.015 39 of the Texas Local Government Code provides for procedures to submit a protest and must be file 40 with the Planning and Zoning Commission. Staff mailed 62 notices to the surrounding property owners 41 and received five (5) phone calls and five (5) emails opposing the variance request. He recommended 42 approval of the variance subject to the following conditions. 43 44 Summary for Preliminary and Final Re-Piat 45 • The proposed subdivision consists of one (1) residential lot being re-platted into three (3) smaller residential lots. It is located 46 inside City Limits on the south side of E. Davis Street, east of N. 3m Street; 47 • The intended use is allowed based on the existing zoning designation of Single Family Residential ("r-1" ); 48 • Water and sanitary sewer services will be provided by H'lfoNI/S; so49 • All items on the preliminary and final re-plat checklist will be addressed prior to the recording of the final plat. 51 Staff recommended approval of the variance as: 52 • The variance request complying with the find ings outlined in Section 109 -27(c) of the Code of Ordinances;
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1 • The subject property is a triangular shaped lot. The developer is unable to purchase additional property to the south to bring 2 depth of the lot in compliance with the ordinance, since the properties to the south are developed with residential 3 use; 4 • The proposed lots comply with the minimum square footage requirement; and 5 • The Engineering Department has no objection to the variance being granted. 6 Staff recommends approval of the preliminary and final re-plat with the following conditions: 7 • As per Sec. 109-91 (c) (2) clarify the ownership/recording information of the adjoining southern and western properties. 8 • As per Sec. 109-91 (c)(5)(a) provide the name and ROW information for Third Street; 9 • As per Sec. 109-91 (d) the drainage report: 10 • Include a storm water mitigation strategy for a 25-Year Storm. Release rate shall be based on an existing 10-year storm 11 event; 12 • As per Sec. 109-91(e) plats shall be simultaneously submitted by the applicant to the appropriate drainage/irrigation district for 13 review (where applicable); 14 • As per Sec. 109-124(b) compliance with lot depth requirement pending variance approval; 15 • As per Sec. 109-124(f) in the developer report; 16 • Provide an escrow of fifteen (15) percent of the total cost estimate; 17 • As per Sec. 109-92, submit two original signed copies of mylars, submit the tax certificates, and submit a check payable to the 18 county clerk for the recording fee; 19 • As per Sec. 109-92(c)(1) the final plat should conform to the changes to the preliminary plat; and 20 • As per Sec. 109-92( d) (1) comply with Harlingen Waterworks. 21 22 Mayor Boswell announced this was a public hearing and anyone wishing to speak for or 23 against this item could do so. 24 25 Dustin Moore, resident of La Feria and developer, stated he is in favor of this variance. There 26 is plenty of space to build three (3) homes instead of one (1 ) home. The property owner is paying for 27 the drainage and would rather do it for several homes. 28 29 There being no comments, Mayor Boswell closed the public hearing. 30 31 b) Consideration and possible action to approve request for a residential re-plat with a 32 variance to the minimum lot depth requirements as per Section 109-124(b)(4). for the 33 proposed Re-plat of a 0.59 acre tract out of Lot 1. Block 3. Shadowbrook Subdivision. 34 located on the south side of E. Davis Street, east of N 3rd Street. 35 36 Commissioner Uribe stated the developer is citing the cost on what he would have to do to put 37 a single home which is what he would be allowed to do now. This is not profitable to make a 38 significant investment to build the house due to the cost involved. The second point is that the 39 developer, Mr. Moore before the City Commission a couple meetings ago made the exact opposite 40 argument opposing the development of duplex by a doctor in a different neighborhood. 41 42 Motion was made by Commissioner Puente and seconded by Commissioner Uribe to overturn 43 the decision of the Planning and Zoning Commission and deny the request for a residential replat with 44 a variance to the minimum lot depth requirements as per Section 109-124 (b)(4), for the 45 proposed Re-plat of a 0.59 acre tract out of Lot 1, Block 3, Shadowbrook Subdivision , located on 46 the south side of E. Davis Street, east of North 3rd Street. Motion carried as follow: FOR: Mayor 47 Pro-Tem Mezmar, Commissioners: Uribe, Puente, De Ia Rosa and Leal. VOTE: (5-0). 48 49 1 0) Public hearing to consider an ordinance on first reading to amend the City of Harlingen so Comprehensive Plan. One Vision One Harlingen Thoroughfare Plan. by adding the 51 extension of New Hampshire Street as a local street from West Lamb Avenue to Morris 52 Road. Applicant: City of Harlingen. 53 54
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1 Mr. Cervantes stated staff is recommending amending the City's Thoroughfare Plan to include the 2 extension of New Hampshire Street. This street was previously on the Thoroughfare Plan as a major 3 collector street, but was removed on June 6, 2007. New Hampshire Street from Expressway 77 to 4 Lamb Avenue is currently designated as a local street and is a 48 ft. wide paved street with curb and s gutter with 80 ft. of right-of-way on both sides of the street. The proposed extension of New 6 Hampshire Street would continue as a local street (60 ft.) of right-of-way with 37 ft. The pavement 7 extends south 3,950 ft.; on the west side of an existing drainage ditch from Lamb Avenue to Morris 8 Road. The existing Thoroughfare Plan includes a proposed extension of New Hampshire Street south 9 of Morris Road to Park Bend Drive as a major collector street. The surrounding area consists mostly 10 of vacant land, agriculture use, and single family residential. The crossing of the drainage ditches is 11 an off-site improvement which the City would have to fund when funding becomes available. The 12 estimated cost for the two crossing is $ 534,344.00. Staff has met with the developers who are 13 interested in developing a subdivision (Live Oak Estates Phase 2) located along the proposed 14 extension of New Hampshire Street and to the east side of the drainage ditch. The preliminary plat for 15 this subdivision includes New Hampshire Street as a second access into this subdivision and was 16 approved by the Planning and Zoning Commission on June 12, 2002. Live Oak Estates Phase I was 17 recorded November 26, 2003. New Hampshire from Lamb to Morris was removed from the 18 Thoroughfare Plan in 2007, eliminating the possibility of Live Oak Estates Phase II from having a 19 second entrance. The request was reviewed by the Engineering Department and recommended 20 approval. The proposed extension will provide another access for development along the area; proper 21 traffic circulation between Expressway 77 and Morris Road; and a connection to the proposed 22 extension of New Hampshire south of Morris Road. No opposition has been received from the 23 surrounding property owners and staff recommends approval of the amendment. 24 25 A short discussion was held in regards to fire codes and the subdivision entrances and 26 expected start date for the extension of New Hampshire and Mr. Cervantes responded the second 27 entrance would not be available until the road to New Hampshire was constructed and until the 28 developer starts the development and would be in charge of building the extension of New Hampshire 29 Street. 30 31 a) Public Hearing 32 33 Mayor Boswell announced this was a public hearing and anyone wishing to speak for or 34 against could so. There being no comments, Mayor Boswell closed the public hearing. 35 36 b) Consideration and possible action to approve an ordinance on first reading to amend 37 the City of Harlingen Comprehensive Plan. One Vision One Harlingen Thoroughfare 38 Plan. by adding the extension of New Hampshire Street as a local street from West Lamb 39 Avenue to Morris Road. 40 41 Ms. Rodriguez-Bastian read the caption of the ordinance. 42 43 Mr. Cervantes stated the fire safety codes would still apply. 44 45 Mr. Serna stated the purpose of the thoroughfare plan is to anticipate for future developments. 46 The City has several anticipated roadways that are not built yet. So when areas are developed, right- 47 away(s) are build according to the size of roadways. 48 49 Motion was made by Commissioner Leal and seconded by Commissioner Uribe to approve so the ordinance on first reading amending the City of Harlingen Comprehensive Plan, One Vision One 51 Harlingen Thoroughfare Plan, by adding the extension of New Hampshire Street as a local street from 52 West Lamb Avenue to Morris Road. Motion carried unanimously. 53
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1 11) Public hearing to consider an ordinance on first reading for a Special Use Permit (SUP) 2 to allow an Assisted Living/Group Home in a Residential Single-Family (R-1) District located 3 at 1001 E. Taylor Ave. bearing a legal description of Lot 12 Block 4. Castle Court 4 Subdivision. Applicant: Kenneth and Lisa Salazar. 5 6 Mr. Cervantes stated an assisted living facility, such as a group home use in a Residential 7 Single-Family (R-1) District requires the approval of a Special Use Permit (SUP). The Spear Home 8 was established in 1964 and assists four (4) elderly persons with activities of daily living. Kenneth 9 and Lisa Salazar, applicants, are proposing to increase the capacity of beds from four (4) to eight (8) 10 beds and a SUP would be required. The Spear Home is located at 1001 E. Taylor Avenue. The 11 surrounding land use is zoned Residential Single-Family (R1) District to the north, east, south and 12 west. The property is located on the corner lot and has 75 ft. of frontage along E. Taylor Street and 13 140 ft. of frontage along South 1Oth Street. The property currently has a 3,500 sq. ft. single family 14 home. The proposed facilities will consist of five (5) bedrooms, 3 restrooms, laundry facilities, and 15 living, dining and study areas. Two (2) parking spaces and one (1) handicap parking space are 16 required. Four (4) employees work during a 24 hour period, and they plan to hire an additional 17 employee for a total of five (5) employees. Building Inspections, Environmental Health and Fire 18 Prevention Departments reviewed the SUP application and had no objections, provided the applicants 19 adhered to the Harlingen Code of Ordinances and procedures administered by each department. The 20 Planning Dept. received no opposition to the SUP request from the surrounding property owners 21 residing within 200ft. radius of the proposed property. Staff recommends approval of the SUP request 22 subject to the following conditions: 23 24 1. Provide and maintain the required three (3) parking spaces in accordance with city regulations; 25 2. Maintain the existing landscaping in accordance with city regu lations; 26 3. Obtain and maintain all applicable State permits; 27 4. Comply with all city ordinances, codes and standards by means of field inspections before a final certificate of occupancy is 28 issued; and 29 5. Comply with the requirements administered by Planning and Development, Building Inspections, Environmental Health, 30 and Fire Prevention Departments. 31 32 a) Public Hearing 33 34 Mayor Boswell announced this was a public hearing and anyone wishing to speak for or 35 against this item may do so. 36 37 There being no comments, Mayor Boswell closed the public hearing. 38 39 b) Consideration and possible action to aoorove an ordinance on first reading for a Special 40 Use Permit (SUP) to allow an Assisted Living/Group Home in a Residential Single 41 Family (R-1) District at the above described location. 42 43 Ms. Rodriguez-Bastian read the caption of the ordinance.
44 Motion was made by Commissioner Uribe and seconded by Commissioner Puente to approve 45 the ordinance on first reading for a Special Use Permit (SUP) to allow an Assisted Living/Group Home 46 in a Residential Single-Family (R-1) District located at 1001 E. Taylor Ave, bearing a legal description 47 of Lot 12, Block 4, Castle Court Subdivision. Motion carried unanimously. 48 49 12) Consideration and possible action to enter into a Memorandum of Understanding (MOU) so with Department of State Health Services (DSHS) in relation to dynamic death files. 51 52 Josh Ramirez, Health Director, stated that as a result of COVID-19, Department of State 53 Health Services and the City of Harlingen will share death files that are related to or associated with 54
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1 COVID-19 within the City's jurisdiction. Death data is important to the efforts of controlling COVID-19 2 cases. Each party will be responsible for their costs. Staff recommends approval of the MOU with the 3 4 Department of State Health Services. 5 6 Motion was made by Commissioner Uribe and seconded by Commissioner Leal to approve 7 the Memorandum of Understanding (MOU) with the Department of State Health Services (DSHS) in 8 relation to the dynamic death files. Motion carried unanimously. 9 10 13) Consideration and possible action to accept or deny the donation of forty Carsonite Trail 11 Markers and one Off Road Trail Rules sign from the Valley Off Road Bicycling Association 12 (VOBRA). a non-profit organization to be installed on the Henrv Roberts Loop in the 13 Mountain Bike Trail. 14 15 Javier Mendez, Parks and Recreation Director, stated Valley Off Road Bicycling Association 16 (VOBRA), a non-profit organization, whose focus is to assist the three cities with Mountain Bike Trails 17 (M BT) which includes Harlingen. The founder David Hernandez would like to help the City with either 18 donations or grant funds to improve the MBT. VOBRA has access to funding from organizations that 19 the City would not generally be able to apply for funding. They are proposing to donate the signs to 20 the City. If the City accepts the donation, staff will assist with the installation of the trail marker signs 21 and the installation of the trail rules at the entrance to the trail. The signs will have the City of 22 Harlingen logo. Estimated value of all the signs is $1 ,100. 23 24 Motion was made by Commissioner Uribe and seconded by Commissioner Mezmar to accept 25 the donation of forty Carsonite Trail Markers and one Off Road Trail Rules sign from the Valley Off 26 Road Bicycling Association (VOBRA), a non-profit organization to be installed on the Henry Roberts 27 Loop in the Mountain Bike Trail. Motion carried unanimously. 28 29 Mayor Boswell expressed his appreciation for donation on behalf of the City Commission to 30 Mr. David Hernandez for his support of the trail. It is a first class trail and it is going to be better now 31 with these markers. It is a real tribute to our friend, Henry Roberts. 32 33 14) Board Appointments - None 34 35 15) Executive/Closed Session on the following items: 36 37 a) Attorney consultation pursuant to Section 551 .071 (2). Texas Gov't. Code to receive 38 legal advice pertaining to the City's rights. duties. privileges. and obligations under the 39 Convention Center Lease and Operation Agreement and the Working Capital Fund 40 contemplated therein. and related legal issues. 41 42 b) Pursuant to Tex. Gov't Code Sec. 551 .087(1) to discuss or deliberate regarding 43 commercial or financial information that the City of Harlingen has received from a 44 business prospect that the governmental body seeks to have locate. stay. or expand 45 in or near the City and with which the City is conducting economic development 46 negotiations related to: 47 48 1) Sizzling Caesars. LLC 49 2) Fox Valley Molding. Inc. so 51 At 8:28 p.m., Mayor Boswell announced the City Commission would convene into executive 52 session to discuss Item 15 (a & b) 53
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1 Motion was made by Commissioner Leal and seconded by Commissioner Uribe to convene 2 into executive session to discuss Item No. 15 (a & b). Motion carried unanimously. 3 4 At 8:45 p.m., Mayor Boswell announced the City Commission had completed its executive 5 session and declared the meeting open to the public. 6 7 16) Consideration and possible action regarding the direction to be taken pursuant to the 8 Convention Center Lease and Operation Agreement and Working Capital Fund.
9 Motion was made by Commissioner Uribe and seconded by Commissioner Leal to approve 10 the Item No. 16 as discussed in executive session. Motion carried unanimously.
11 17) Consideration and action regarding the provision or approval of economic incentives to 12 "Sizzling Caesars. LLC ." 13 14 Motion was made by Commissioner Uribe and seconded by Commissioner Leal to approve 15 the provisions of economic incentives to Sizzling Caesars, LLC. Motion carried unanimously. 16 17 18) Consideration and action regarding the provision or approval of economic incentives to "Fox 18 Valley Molding, Inc." 19 20 Motion was made by Commissioner Leal and seconded by Commissioner Uribe to approve 21 the provisions of economic incentives to Valley Molding, Inc. Motion carried unanimously. 22 23 Adjournment 24 25 There being no other business to discuss, Mayor Boswell adjourned the meeting. 26 27 City of Harlingen 28 29 ATTEST: Chris Boswell, Mayor 30 31 32 Amanda C. Elizondo, City Secretary 33 34
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1 JOINT SPECIAL MEETING OF THE HARLINGEN CITY COMMISSION 2 & DEVELOPMENT CORPORATION OF HARLINGEN, INC. 3 November10, 2020 4 s Notice is hereby given that the Harlingen City Commission and the Development Corporation of 6 Harlingen, Inc. held a Joint Special Meeting, Tuesday, November 1O lh , 2020 at 11 :00 A.M. via 7 videoconference, while providing the public the ability to view the meeting via internet live streaming at 8 www.myharlingen.us and the City of Harlingen YouTube Page. 9 10 Mayor and Commissioners 11 Michael Mezmar, Mayor Pro-Tem District 3 12 Richard Uribe, Commissioner District 1 13 Frank Puente, Commissioner District 2 14 Ruben de Ia Rosa, Commissioner District 4 15 Victor Leal, Commissioner District 5 16 17 ABSENT 18 Mayor Chris Boswell 19 20 City Staff Present 21 Dan Serna, City Manager 22 Amanda C. Elizondo, City Secretary 23 Rebecca Hayward, Asst. City Attorney 24 25 Development Corporation of Harlingen. Inc. 26 Dr. Linda Burke, Vice President 27 Michael "Mike" Allex, Secretary 28 Mickey Boland, Member 29 30 ABSENT 31 Ricky Leal, EDC Board Director!Treasurer 32 Eric Ziehe, President 33 34 EDC Staff 35 Raudel Garza, CEO and Manager of the 36 Development Corporation of Harlingen 37 Alan Ozuna, EDC Attorney 38 Beverly Loftus, Commercial Development Manager 39 Selene Guerrero, Marketing Manager 40 Maryann Villarreal, HEDC Office Manager 41 42 Call meeting to order (Harlingen City Commission) 43 44 Mayor Pro-Tem called the meeting to order and announced the meeting was duly posted 45 according to state law, a quorum was established. The following proceedings were held: 46 47 Call meeting to order (Development Corporation of Harlingen. Inc.) 48 49 Dr. linda Burke, Vice President, called the meeting to order and announced the meeting was so duly posted according to state law, a quorum was established. The following proceedings were held: 51
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1 1) Citizen Communication / Input- None
2 2 ) Executive Session pursuant to Chapter 551 , Subchapter D., V.T.C.A. , Government Code 3 (Section 51 .072), regarding the purchase, lease or value of real estate, if the deliberation 4 in an open meeting would have a detrimental effect on the position of the Development 5 Corporation of Harlingen, Inc. in negotiations with a third person regarding some of the following 6 projects; and/or contemplated or pending litigation, or matters where legal advice is requested 7 of the attorney on a matter in which the duty of the attorney to the Board under the Texas 8 Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the 9 Act. Section 551 .071 of the Texas Open Meetings Act and/or Executive Session pursuant to 10 Chapter 551 , Subchapter D., V.T.C.A. Government Code (Section 55.087) regarding 11 commercial and financial information from business prospects with which the Board is 12 conducting economic development negotiations and/or to discuss or deliberate financial or 13 other incentives relating to the following projects. 14 15 a. Project Frontline 16 17 At 11:02 a.m., Mayor Pro-Tem announced the City Commission would convene into executive 18 session to discuss Item 2 (a), Project Frontline. 19 20 Motion was made by Commissioner Leal and seconded by Uribe to convene into executive 21 session to discuss Item 2 (a), Project Frontline. Motion carried unanimously. 22 23 At 11 :04 a.m., Dr. Linda Burke, Vice Chair, announced the Development Corporation of 24 Harlingen, Inc. would convene into executive session to discuss Item No. 2 (a), Project Frontline. 25 26 Motion was made by Mickey Boland and seconded by Michael Allex to convene into executive 27 session to discuss Item No. 2 (a), Project Frontline. Motion carried unanimously. 28 29 At 11 :35 a.m., Mayor Pro-Tem Mezmar announced the City Commission had completed its 30 executive session and declared the meeting opened to the public. 31 32 At 11 :36 a.m., Dr. Burke announced the Development Corporation of Harlingen, Inc. had 33 completed its executive session and declared the meeting opened to the public. 34 35 3) Consideration and possible action regarding the provision of economic development 36 incentives for Project Frontline. (Development Corporation of Harlingen, Inc.) 37 38 Motion was made by Mr. Boland and seconded by Mr. Allex to approve the prov1s1on of 39 economic development incentives for Project Frontline as discussed in executive session maximum 40 incentive of $100,000 per year. Motion carried unanimously. 41 42 4 ) Consideration and possible action regarding the provision of economic development 43 incentives for Project Frontline. (Harlingen City Commission) 44 45 Motion was made by Commissioner Leal and seconded by Commissioner De La Rosa to 46 approve Item No. 3 as discussed in executive session to include the expenditure of up to $100,000 per 47 year for Project Frontline. Motion carried as follows: FOR: Commissioners Puente, De La Rosa, and 48 Leal. AGAINST: Commissioner Uribe. Vote (3-1) 49 so
2 Jt. Sp. CC & EDC Mtg. 11 /1 0/2020
1 Adjournment 2 3 There being no further business to discuss, Mayor Pro-Tem Mezmar adjourned the meeting at 4 11 :38 a.m. 5 6 There being no further business to discuss, Dr. Burke adjourned the meeting at 11 : 39 a.m. 7 8 ATTEST: CITY OF HARLINGEN 9 10 11 Amanda C. Elizondo Michael Mezmar, Mayor Pro-Tem 12 City Secretary 13 14 ATTEST: Development Corporation of 15 Harlingen, Inc. 16 17 18 Raudel Garza, Manager and CEO Dr. Linda Burke, Vice President
3 ORDINANCE NO. 20-__
AN ORDINANCE TO ESTABLISH A " NO PARKING ZONE" ON THE t=AST SIDE OF M STREET BEGINNING AT THE INTERSECTION OF BUCHANAN AVENUE EXTENDING SOUTH TO LINCOLN AVENUE, FOR A DISTAINCE OF APPROXIMATELY 120 LINEAR FEET IN LENGTH FOR THE " NO PARKING ZONE"; AUTHORIZING THE TOWING OF VEHICLES PARKED IN SAID " NO PARKING ZONE"; ESTABLISHING A PENALTY NOT TO EXCEED $200.00 FOR VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING.
BE IT ORDAINED BY THE CITY OF HARLINGEN:
SECTION 1: That a "No Parking Zone" be established on the east side of M Street beginning at the intersection of Buchanan Avenue extending south to Lincoln Avenue, for a distance of approximately 20 linear feet in length for the "No Parking Zone".
SECTION II : The Chief of Police of the City of Harlingen, Texas is hereby authorized and directed to place the traffic control devices authorized by this ordinance.
SECTION Ill: It shall be unlawful for any person to stop or park a vehicle in the "No Parking Zone" designated by this ordinance.
SECTION IV: That the Police Department of the City of Harlingen is authorized to cause vehicles parked in violation of this ordinance to be towed at the expense of the owners or operators of such vehicles.
SECTION V: That a person who stops or parks a vehicle in the "No Parking Zone" established by this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed $200.00.
SECTION VI: That the City Secretary of the City of Harlingen, Texas is hereby authorized and directed to cause a true and correct copy of the caption of this Ordinance to be published in a newspaper having general circulation in the City of Harlingen, Cameron County, Texas.
FINALLY ENACTED THIS day of , 2020 at a regular meeting of the Elective Commission of the City of Harlingen, Texas at which a quorum was present and which was held in accordance with TEXAS GOVERNMENT CODE CHAPTER 551.
CITY OF HARLINGEN
ATTEST: Chris Boswell, Mayor
Amanda C. Elizondo, City Secretary No Parking Zone on M Street- Buchanan Avenue to Lincoln Avenue
1----J lt lt ~ ... _) ~ ' ~ BUCHANAN AVEN UE -+ r \ ~ 1-- \ Existing 1-- \/ " 0 ~ lf (Q)~ 1-- N ~ IJ. ~ /// I- I"' "
1-- Proposed _) \ \_ NO Our La( ~ Y of the Assum1 ~ tion B U CHAN AN AVENUE ~ PARKING Catholi ~ Churct -+ ~ ~ •
1-- 1- Lu Lu 1-- ~ 1-- B B (/)
~ _J ~ :: ~ LINCOLN A VEN UE -+
"' ~ ~ LINCOLN AVENUE -+ _,-----__ !/ "' • """' HA ~ \~ ~ E~ lt T EX AS Proposed No Parking Zone Legend AGENDA ITEM EXECUTIVE SUMMARY
Meeting Date: November 18, 2020 Agenda Item:
Investment Report for the City of Harlingen for quarter ending September 30, 2020, and year ending September 30, 2020.
Prepared By (P rint Name): Robert Rodriguez Title: .Eia..._· aannccee DDiirreeccttoorr Q Signature: \~ -
Brief Summary: The investment report shows the total amount of cash and investment transactions in summary and detail for all City funds. The report includes types of investments, interest rates, maturity dates and portfolio composition.
Highlights:
$49,463,089.98 Total Book Value of all City funds at Sept 30, 2020 $26,044.41 Interest earned during quarter $439,490.76 Interest earned during year 0.047% Weighted Average 90% Cash and Investments maturing within 0-3 months 10% Investments maturing with 6-12 months
The graphical summary of the City's portfolio is displayed on pages 4 & 5. The City of Harlingen manages and invests funds with three objectives, listed in order of priority: Preservation and Safety of Principal, Liquidity, and Yield. All investments comply with the Public Funds Investments Act (PIFA).
Funding (if applicable):
Are funds specifically designated in the current budget for the full amount for this purpose? CJ Yes n No* *If no, specify source of funding and amount requested:
Finance Director' s approval: [~] Ye s 0 No D N/A
Staff Recommendation: Staff recommends approval.
City Manager's approval: 0 No n N/A Comments:
City Attorney's approval: 0 No D N/A AGENDA ITEM 3o) EXECUTIVE SUMMARY
Meeting Date: November 18, 2020 Agenda Item: Consider and take action to approve a request from the Harlingen Consolidated Independent School District requesting to close the streets noted below on Saturday, November 21 , 2020 from 1:00 p.m. to 5:00p.m. for the Pigskin Marching Contest to be held at the Boggus Stadium.
Prepared By (Print Name): Michael Kester Title: Chief of Police
Signature:
Brief Summary: Sandra Flinn, Coordinator for Athletic Advancement Aquatics and Wellness with Harlingen CISD, is requesting to close the following:
1 • intersection of 13 h Street & Harrison Street; 1 • 13 h Street & Jefferson Street; and,
On Saturday, November 21, 2020 from 1:00 p.m. to 5:00 p.m. for the Pigskin Marching Contest. The street closures will help to ensure the safety of the visitors attending this event.
The Interim Fire Chief has reviewed this request and provided his approval.
Funding (if applicable): Are funds specifically designated in the current budget for the full amount DYes ,--., No* for this purpose? l___j *If no, specify source of funding and amount requested: N/A
r----o Finance Director's approval: L...J Yes 0 No O N/A
Staff Recommendation: Staff recommends approval pending the final approval by the Health Dep, rtment.
For Street Closures ONLY, Fire Chiefs a roval: No I N/A
City Manager's approval: 0 No O N/A Comments:
City Attorney's approval: O N/A
form revised 0 1126109 HARUNGEN POLICE DEPARTMENT 1018 FAIR PARK BLVD., HARLINGEN, TX 78550
TO: Chief of Police DATE: November 3, 2020
FROM: Sergio Ruiz #4110
RE: Street Closure Request
Requestor: Sandra Flinn(Coordinator for Athletics Advancement) and Alma Cavazos(Secretary to Director of Music Programs) Date: Saturday, November 21,2020 Time: 1:00- S:OOPM Location: Boggus Stadium
Description: HCISD is having the Pigskin Marching Contest at Boggus Stadium on Saturday, November 21, 2020 from the hours 1:00-S:OOPM.
Comments: Street Closure of 13th Street in between Jefferson and Harrison, like for the football games. HCISD will be hiring security for the event.
Recommendation: I am recommending for the street closure to be granted and barricades be provided by the Street Department on the day specified by the request. A copy of the request and map will turned in with the IDC. ~ N~J c~~ lec.L f.e~ Afr>r•"fr 8- ~-))c,~
OFFICER I EMPLOYEE SERGEANT I SUPERVISOR 1-s - LOW COMMANDER/MANAGER
DEPUTY CHIEF
ASSISTANT CHIEF
CHIEF OF POLICE .,.
Ruiz, Sergio
From: Tovar, Manuel Sent Tuesday, November 3, 2020 11 :24 AM To: Ruiz, Sergio Subject: FW: Pigskin Marching Contest
Sergio,
Can you help me w ith this please.
From: venessa tovar [mailto:[email protected]] Sent: Tuesday, November 3, 2020 11:06 AM To: Tovar, Manuel Subject: FW: Pigskin Marching Contest
CAUTION: This email originated outside of the network. Do not click on links or open attachments unless you recognize the sender Iand know the content is safe. If you believe this email is suspick>us, forward this email to the M.I.S. Dept.
\.! m·. 11'' plca~c Llno;c t)ff 1 3 ' ~ ~ t rcc t.
From: Sandra Flinn
We will have our facility work orders squared away for you I
Thanks!!
Sandra Ainn M. Ed. Coordilllllor for Arhkric Ad!'nnammr, Aqumics,a11d WtlbJtSs Harling~n Consolidated Independent School District 315 N. 77 Sunshine Strip I Harlingen, TX 78550 0 . (956) 364-3950 www.hcisd.org 0 0 e e IWeareHCISD
From: Alma Cavazos
Attached ts the request to close 13th street as well as security for the event.
If you have any questions, please feel free to call our office.
Thank you and stay safe,
Alma B. Cavazos Secretary to Director of Music Programs Office: (956) 427-3571
From: Ronalda Rios
2 J. !:.. wis Boggus Stadium - Google Maps Page I of6
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https://www.google.com/maps/place/J .+Lewis+Bog~us+Stadium/@.26 . 1935457 .-97 .682678.17z/d.. . 1113/2020 J. Lewis Boggus Stadium- Google Maps Page 2- U 6 ' . .
Directions "leil' b} Send to your SharP. phone
<:) 198 N 13th St. Harlingen, TX 78550 • • • • 5BV9+FC Harlingen, Texas 0 Claim this business
Add missing information
Photos
Review summary
5 4 3 4.4 2 255 reviews 1
"It gets packed for football games and the atmosphere is greaC
https://www.google.com/maps/place/J.+Lewis+Boggus+Stadium/@26.1935457 ,-97.682678, 17zld... 11 /3/2020 Pena, Frances
From: Alvarez, Eduardo Sent Wednesday, November 4, 2020 5:00 PM To: Pena, Frances Subject: RE: STREET CLOSURE REQUEST - HCISD PIGSKIN
HFD has no issues with these closures.
Thanks,
EDUARDO ALVAREZ ASSISTANT F.C. E.O.C. 24200 NORTH F.M. 509 OFFICE : 956.230.5051 FAX >956.216.$057
From: Pena, Frances Sent: Wednesday, November 4, 2020 4:07PM To: Alvarez, Eduardo; Henderson, Donna Subject: STREET CLOSURE REQUEST - HCISD PIGSKIN Importance: High
Good Afternoon Fire Chief Alvarez:
I would ask if you could please review the attached street closure request asap and provide your recommendation at your earliest convenience so that I can include as an agenda item at the next City Commission meeting.
Thank you for your assistance in this matter! Frances Pefta. Executive Admin. Assistant
1 lXECtrriVI: SUMMARY
Medin_.&_ Date: November II. 1010 Apada lleiD: Consider and take action on proposal from Boy Scout Aaron Josua Ambriz. who will fund and construct improvements at Lon C. HilJ Park and Liberty Gardens u part of his Eagle Scout Project.
Prepared By : Javier Mende2 Title: Director of Parks and Recreation sianature: ~/
SUJDJDII'Y Aaron Josua Ambriz is cunently a Boy Scout in Troop 1889, and is applyin& for his Eagle Scout rankin&- His project consist of fundraising. constructing and planting butterfly host plants at Lon C. Hill Park and at Liberty Gardens. Mr. Ambriz will be coordinating the installation with landscaping contractor and Architect at Lon C. Hill Park and will coordinate the desisn and location of the project at Uberty Oardens with Park Director. Boy Scout Ambriz is sd\eduled to present his project to the Parks and Recreation Advisory Board on Friday, November 13, 2020.
, ...... (If applicable): Arc funds specifically desipated in the current budget for the fUll amount DYes rxl No• for this purpose? U •tfno, specify source of funding and amount requested:
Finmce Director's approval: I Yes 0 No (]) N/A
Subject to the Parks and Rca-eation Advisory Board's recommendation, sta ill recommend to the City Commission to approve the project and to accept the impro 11 a donation to the ~ L/ City Manager's approval: ~ . -J No r l N/A
l\ ......
City Attorney's approval: ~~0 No Q NIA
l AGENDA ITEM 5) EXECUTIVE SUMMARY
Meeting Date: November 18, 2020 Agenda Item: Consideration and possible action to accept and award contract to LED Electric in the amount of $102,500 for Vestal Sports Lighting Project Phase 2, and authorize the City Manager to execute any related documents. Attachment (Parks Department) Prepared By (Print Name): Javier Mendez, Title: Parks & Recreation Director Signature:
Brief Summary: This project is funded through a Community Development Block Grant. In 2019 the city commission approved a CDBG project for sports lighting at Vestal Park field 1. CDBG approved funding for field 2 in 2020. We requested for 3 contactors that are on cooperative purchasing program to bid on the install for the second soccer field at Vestal Park. Attachments are the 3 bids submitted. Funding (if applicable):
Are funds specifically designated in the current budget for the fu ll amount [:J Yes c No* for this purpose? *If no, specify source of funding and amount requested:
Finance Director's approval: [] Yes ~] No O N/A / Staff Recommendation: '>/t ~ Staff recommends approval to lowest bidder. LED Electric of San ~ , nio.1 City Manager' s approval: , Yes 0 No C NIA Comments:
City Attorney's approval: 0 No O N/A
Form revised 01/26/09 ELECTRIC +LIGHTING QUO CONTRACTORS
QUOTE NO. B-0038 Chris HatWOOd DATE November 6 , 2020 956.466.6131 Purchase Order TBD [email protected] EXPIRATION DATE 11/20/20
TO SHIP TO City of Harlingen Vestal Park Soccer Phase 2 City of Harlingen Harlingen, TX. 78550
SHIPPIN G SHIPPING DELIVER BuyBoardNumber Line Item y PAYMENT DUE DATE METHO TERMS DATE TERMS D 602-20 17 Net 30
DESCRIPTION LINE TOTAL
Provide and Install MUSCO Light Structure System - TLC for LED Tedlnology consisting of (2) pre-cast concrete bases. (2) Galvanized steel poles, (2) factory ..Wed poletop luminaire assemblies. (16) factory aimed and assembled luminaires. retrofitting cross-anns for backside of existing poles S3 and S4, factory assembled wire harnesses and remote component enclosures. Material: $86,400.00. Labor: 230 hrs. @ $70 I hr. for a total of $16,100.00.
Material: 86,400.00
Labor: 16,1 00.00
Ltft Cost $102,500.00
EST. SHIPPING NIA
SALES TAX NJA
SUBTOTAL $102,500.00
TOTAL $102,500.00 THANK YOU FOR THE OPPORTUNITY TO EARN YOUR BUSINESS! Job Order Contracting Design Build Program Management
Alllle~t Facilities It hsi&n
CITY OF HARLINGEN TEXAS
Proposal City of Harlingen Vestal Soccer Lighting AFD Job # CoH-0276
AFD Representative: David San Miguel Project Location: Vestal Soccer Field Job Order Contracting Lighting
David San Miguel, Principal City of Harlingen Adept Facilities & Design, Inc. [email protected] Harlingen, TX. 78550 Direct: 956-873-8995
TIPSITAPS: 181101 Vendor Contract Number
November 4, 2020
David Arce City Public Works Harlingen, TX.
Subject: Vestal Soccer Field Lighting
Dear Mr. Arce,
Adept Facilities & Design, Inc. (AFD) respectfully submits our proposal to accomplish the subject work as specified in the scope of work. Specifically the proposal includes all labor, material and equipment to perform the work described in this proposal and in the attached scope of work. All work shall be performed in accordance with regulations as directed by OSHA. Wor1< shall be performed in a manner that is acceptable by industry standards and as mandated by the agreements of Adept Facilities & Design, Inc.
1.0 START DATE: 2.0 END DATE: 3.0 SCHEDULE: Procurement and construction to begin on a mutually agreed upon start date.
4.0 PROPOSAL SUMMARY: Proposal amount: $115,350.00 P&P Bonds $3.460.50 Total: $118,810.50 $118,810.50
CoH - 0276 Page 1 of 2 11/4/20 Job Order Contracting Design Build AF• Program Management Alle11t Facilities & hsicn
CITVOF HARLINGEN TEXAS
5.0 SCOPE OF WORK: 5.1 Project Management, Supervision & Project coordination of trades with city. 5.2 Hold Preconstruction - Subcontractor Safety meetings before & during construction. 5.3 Light-Structure SvstemTM with Total Light Control- TLC for LED® technology 5.4 Guaranteed Lighting Performance 5.5 Guaranteed light levels of 20 footcandles and uniformity of 2.5:1 5.6 Svstem Description 5.7 2- Pre-cast concrete bases with integrated lightning grounding 5.8 2 - Galvanized steel poles 5.9 Factory wired and tested remote electrical component enclosures 5.10 Pole length, factory assembled wire harnesses 5.11 2 - Factory wired poletop luminaire assemblies 5.12 16- Factory aimed and assembled luminaires 5.13 Retrofitting cross-arms for backside of existing poles (S3 and S4) 5.14 UL Listed assemblies 5.15 Control Systems and Services 5.16 Using existing Controls and Monitoring system that is on site 5.17 Control-Link® control and monitoring system to provide remote on/off control and performance monitoring 5.18 with 24/7 customer support. 5.19 Operation and Warranty Services 5.20 Reduction of energy and maintenance costs by 40% to 85% over typicai1500W metal halide equipment 5.21 Product assurance and warranty program that covers materials and onsite labor. eliminating 100% of your maintenance costs for 25 years. 5.22 Support from Musco's Lighting Services Team- over 170 Team members dedicated to operating and 5.23 maintaining your lighting system - plus a network of 1800+ contractor. 5.24 Delivery Timing 5.25 6- 8 weeks for delivery of materials to the job site from the time of order, submittal approval, and confirmation of order. 5.26 details including voltage, phase, and pole locations. 5.27 Due to the built-in custom light control per luminaire, pole locations need to be confirmed prior to production. Changes to pole locations after the product is sent to production could result in additional charges. 5.28 Labor 5.29 Pole Foundation's 5.30 Install (2) light pole, (4) LED light fixture base. 5.31 (16) LED light fixture, (4) transformer, includes all wiring from (4) pole (2) existing & (2) new, 5.32 Locate existing underqround conduit If we can't find the conduit. we'll trench & install new PVC conduit for new poles. An added CO Of 15.000.00 will be issued. 5.33 Trim-out all wires at light poles and controller, test for correct working order. 5.34 6 ga.THHN wire 6,200 ft., PVC conduit. 5.35 Equipment Rentals - telescopic boom, auger, crane TNT crane, operator and ground workers. 5.36 City of Harlingen Permit 5.37 One Year workmanship warranty. 5.38 Notes • Quote is based on: 5.39 Shipment of entire project together to one location. 5.40 Voltage and phase per electrical system requirement. 5.41 Structural code and wind speed= 2012, IBC, 140 milh, Exposure C, Importance Factor 1. 5.42 Standard soil conditions - rock, bottomless, wet or unsuitable soil may require additional engineering, special installation methods and additional cost. 5.43 Confirmation of pole locations prior to production.
CoH -0276 Page 2 of 2 11/4/20 Job Order Contracting Design Build Program Management
A41e~tt Facilities It hsi&n
OlYOF HARLINGEN TEXAS
6.0 CLARIFICATION: 6.1 The scope of work for this project is to be accomplished during normal working hours. 6.2 The work shall start immediately after written NTP from City of Harlingen, agreed upon schedule and issuance of P.O. 6.3 Contractor shall have full access to work areas to complete this project. 6.4 Term of payment based on percent complete. AlA invoice documents will be submitted.
7.0 EXCLUSIONS: 7.1 Any unforeseen conditions under contract perimeters 7.2 Any quantities not specifically identified in the above scope of work. 7.3 We exclude any State of Texas fees and/or taxes. 7.4 Abatement of any kind. 7.5 Upgrade of existing equipment, and/or Fire Sprinkler systems to meet code.
If you have any questions, please do not hesitate to call me at (956) 873-8995.
Sincerely, z::;tWds~~ David San Miguel, Principal Adept Facilities & Design, Inc.
CoH-0276 Page 3 of2 11/4/20 604 PALMVIEW DRIVE PALMVIEW. TX 78574 PHONE: (956) 581-8899 FAX: (956) 581-8892
November 5, 2020
City of Harlingen Vestal Park SO 1 Lafayette Ave Harlingen, Tx
BuyBoard Contract#: 577-18
Attn: David Arce
Re: City ofHarlingen Vestal Park sports lights missing phase
Our estimate includes all materials and labor necessary to nm (!650ft) I" pvc pipe and wiring from electrical control panel to light poles locations. Also install and wire (4) 50a. 3p. breaker edb squared, and will need to drill and install (2) precast base and concrete of30"x12ft depth and (2) poles of 60ft in height and wiring. Lastly, install (8) LED light fixtures for new pols lights SS,S6 and (8) on existing poles S3 and S4. Includes terminate and testing as per customer request.
Notes:
I) Sales Tax is not included. 2) Does not include Overtime labor hours. 3) Includes pvc pipe, wire, breaker square d, LED light fixtures, precast base and concrete, and etc. 4) Includes necessary equipment such as crane and trencher. 5) Our Estimate is valid for 30 days from date on this estimate.
Estimate Amount S 149,500.00
Should you have any questions, please let me know at your earliest convenience.
Sincerely, Zitro Electric, LLC
Accepted By: ------
Date: ------Andrea Montemayor Service Department AGENDA ITEM EXECUTIVE SUMMARY
Meetmg Date: November 18, 2020 Agenda Item: 1 Consider and possible action to authorize the City Engineer to remove two crosswalks on 13 h Street located along the eastside of Harlingen High School.
Prepared By (Print Name): Andy Yigstol, P.E. Olg•tally signed by Andy V'!lstol ON: C•US, E•[email protected], Title: City Engineer O•City of Harlingen, OU=Engineenng Department, CN•Andy Vigstol Reason: I am approving this document Date: 2020. 11 .06 14:31:10-06'00' Signature: Brief Summary: • A single pedestri an crash occurred withi n the Harlingen High School Zone on November I st, 2019 at 4:14 p.m. The collision occurred within the active school zone during daylight hours. A passenger vehicle was driving northbound on 13th Street, the pedestrian was walking eastbound withjn the crosswalk on 13th Street. The driver of the vehicle failed to yield to the pedestrian in crosswalk and collided into the pedestrian. • Meeting with HCISD School Superintendent Dr. Arturo Cavazos and Assistant Superintendent for Distri ct Operations/School Safety Oscar Tapia to discuss the auto pedestrian accident. Advised them know the city would move forward with a traffic engineering study and improvements to 13th Street. • Hanson Engineering was hired to perform a Pedestrian Crossing Analysis on 13th Street. The study concluded that consolidation of the crosswalks was highly recommended. In addition to consolidating the crosswalks, four additional alternatives were recommended. They consisted of rapid rectangular fl ashing beacons, pedestrian refuge islands, a raised crosswalk or speed bump, and reducing the width of 13th Street (road diet). The city wi ll consolidate the crosswalks and install the rapid rectangular flashing beacons. • The project funds were approved to purchase the rapid rectangular flashing beacons for fi scal year 202 1. T hey will be installed by the public works department.
Funding (if applicable): Are funds specifically designated in the current budget for the fu ll amount rxl Yes DNo* for thi s purpose? U *If no, specify source of funding and amount requested:
Finance Director's approval: D Yes No O N/A
Staff Recommendation: Staff recommends approval of the removal of the two crosswalks o
City Manager's approval: 0 No D /A Comments:
City Attorney's approval: 0 No D
Form revised 01126109 -
City of Harlingen HARLINGEN HIGH SCHOOL EXHIBIT NUMBER: Engineering Department 50' 100' 502 E. TYLER AVE. PEDESTRIAN TRAFFIC SAFETY l C-102 HARLINGEN, TEXAS 78550 IMPROVEMENTS PROJECT ! SCALE 1"= 100' SHEET _2... OF _2... 3tT EXAS N(956) 21 6-5280 City of Harlingen, Texas
Pedestrian Crossing Analysis
Harlingen, TX Cameron County
April 01 2020
----''"'"'""E, OF r '-\ ; t>--1\ ... ···· ....€' .{: \\ ,:'' C:J~.· .. · * ··."~.s-·. \l t : . .... ·· .. • t, I * : ·. * I l ······················ ·········t. I BECCA WAGNER I ~...... ( 133919 ! ~ ~. . J .'t '% '·. ... $ ,."' l \ 0~. ·. ~ ICENSE-?. ·. ·~«;,:' \\~ss · · .... · · · ~6" - \\. IONAL €_..:- " '-'-'-'..... - Harlingen Pedestrian Crossing Analysis Harlingen, TX, Cameron County @HANSON City of Harlingen, Texas
Table of Contents 1 Introduction ...... 3 2 Existing Conditions ...... 3 2. 1 Description of Project Area ...... 3 2.2 Lighting Conditions ...... 1 2. 3 Traffic Counts and Speed...... 1 3 Site Visit Observations ...... 3 3. 1 Pick Up and Drop Off Operations ...... 3 3.2 Pedestrian Tracking ...... 4 4 Previous Pedestrian Crash Review ...... 6 5 Pedestrian Crossing Improvement Alternatives ...... 6 5. 1 Consolidating Crosswalks ...... 6 5.2 Rapid Rectangular Flashing Beacon (RRFB) ...... 6 5.3 Pedestrian Refuge Islands ...... 7 5. 4 Raised Crosswalk/ Speed Bump ...... 9 5.5 Road Diet ...... 10 6 Cost Analysis ...... 11 7 Recommendation ...... 11
Table of Figures Figure 2.1-1 Study Area Map ...... 1 Figure 2.2-1 School Schedule ...... 1 Figure 2. 3-1 13th Street Speed Distribution ...... 2 Figure 2.3-2 Marshall Street Speed Distribution ...... 2 Figure 3.2-1 Pedestrian Tracking AM...... 4 Figure 3.2-2 Pedestrian Tracking PM...... 5 Figure 5.2-1 RRFB...... 6 Figure 5.3-1 Refuge Island ...... 7 Figure 5.3-2 Crosswalk Recommendations ...... 8 Figure 5.3-3 Refuge Island Placement ...... 9 Figure 5.4-1 Raised Crosswalk ...... 10 Figure 5. 5-1 Raised Crosswalk ...... 10
Copyright @2018 by Hanson Professional Services Inc. All rights reserved. Th is document is intended solely for the individual or the entity to which it is addressed. The information contained in this document shall not be duplicated, stored electronically, or distributed, in whole or in part, by anyone other than the recipient without the express written permission of Hanson Professional Services Inc., 1525 S. Sixth St., Springfield, IL 62703, (217) 788-2450, www.hanson-inc.com. Unauthorized reproduction or transmission of any part of this document is a
\\hanson.dom\dfs\idrive\ 18jobs\18L0235\Ad min\ 14-Reports\Ped Crossing\REP_ Ped Crossing Report Final_20200331 .docx City of Harlingen 2 Harlingen Pedestrian Crossing Analysis Harlingen, TX, Cameron County ~HANSON City of Harlingen, Texas violation of federal law. Any concepts, designs and project approaches contained herein are considered proprietary. Any use of these concepts and approaches by others is considered a violation of copyright law. 1 Introduction Harlingen High School is located adjacent toN 13th Street, a minor arterial road, in Harlingen, Texas. The school and the surrounding residential neighborhoods generate a large pedestrian volume in the study area. A recent pedestrian crash, near the school, has spurred the City of Harlingen to conduct a pedestrian crossing analysis to ensure optimal safety. Thi s study will analyze the existing conditions, such as pedestrian and vehicle behaviors in the area. Based on these observations, Hanson will recommend a solution to improve safety for pedestrians. 2 Existing Conditions
2.1 Description of Project Area The area of concern is located on 13th Street between E. Wi II iamson A venue and Marshall A venue. Thirteenth Street is a five-lane roadway with a two-way left turn lane and two through lanes in each direction. West of 13th Street, Harlingen High School campus takes up two blocks along Marshall Avenue, as show on Figure 2. 1-2. The main school entrance is located on the south side ofthe school along Marshall A venue. The staff parking lot is located on the east side of the school directly adjacent to 13th Street and a decommissioned parking lot is located across from the school to the east of 13th Street and north of Marshall Avenue. The decommissioned (Figure 2.1 -1) parking lot is not meant for public use, and a ' Do ot Enter' sign is placed at the entrance. This parking lot was primaril y used by parents as a pickup zone, resulting in more students using the center crosswalk during the evening than in the morning.
As shown on Figure 2. 1-2, three crosswalks are located along 13th Street. Two fl ashing school zone lights and stop bars are located on 13th Street, approximately 200 feet north and south of the school, clearly deli neating the school zone. Sight distance is not a concern on these roads because the roadway is flat and straight and there are not any sight obstructions from the detectable warnings.
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Crosswalk Flash1ng School Zone Sign School Campus 0 Staff Parking Stop Bar
Figure 2. 1-2 Study A rea Map
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2.2 Lighting Conditions The segments of Marshall Avenue and 13th Street directly adjacent to the school building are well lit, with streetlights spanning no more than 200 feet apart. School adjacent sections of these roadways are better lit than segments further away from the school indicating high visibili ty near the school has been prioritized.
On a typical school day classes start and end at 8:15 a.m. and 4:05p.m. respectively, as shown in Figure 2.2-1. Throughout the school year, it was found that the latest sunrises in Harlingen occur at 7:45a.m. in March (after daylight savings) and the earliest sunsets occur in December and ovember at 5:38 p.m. Most students will arrive at school and leave school during daylight conditions.
irst_Lunch CLASS PERIOD TIME I " 8:15-9:lS 2-1 9.51 • llt21 LUNCII A lh2l - lhS7 3"' 12:03. 12:53 ,,,. 12:59.2:29 5111 2:35.4:05 Second Lunch CLASS PERIOD TIME ... 8:15-9:45 2-1 9:51 • 11:21 Jnl 11:27. 12:17 LUNCII 8 12:17 • 12:53 12:59-2:29 2:35 . 4:05
Figure 2.2-1 School Schedule
Source: https://www.timeanddate.com/sun/@4696233
2.3 Traffic Counts and Speed Twenty-four-hour traffic counts were taken on 13th Street in both directions and on Marshall Street in the eastbound direction. The counts were coll ected within the Harlingen High school zone on Tuesday, February 11th through Thursday, February 13th, 2020. The 3-day ADT for 13th Street was found to be 6,592 vehicles per day (vpd). The average am peak hour volume was 867 vehicles per hour (vph) and the average pm peak hour volume was 709 vph.
The posted speed limit on both roads is 30 mph. The 85th percentile speed is 35.55 mph on 13th Street and 29.8 mph on Marshall Street.
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13th Street Speed Distribution 35.5 30.00/o - 85%Speed
(/) 25.00/o ~ . ~ .s:::. C1) 20.00/o .....> 0 C1) 15.00/o ~ C'O ~c C1) 10.00/o ....u C1) 0... 5.0%
0.0% 0.0 10.0 20.0 30.0 40.0 50.0 60.0 Vehicle Speed (mph)
Figure 2. 3-1 13th Street Speed Distribution
Marshall Street EB Speed Distribution 29.8 25.00/o - 85% Speed
(/) ~ 20.00/o . ~ .s:::. C1) .....> 15.00/o 0 C1) ~ ~ 10.00/o c C1) ....u ~ 5.0%
0.0% 0.0 10.0 2QO 3QO 4QO 50.0 Vehicle Speed (mph)
Figure 2.3-2 Marshall Street Speed Distribution
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3 Site Visit Observations
3. 1 Pick Up and Drop Off Operations The majority of pick up and drop off activity occurred to the west of 13th Street. This location is preferred since it eliminates the need fo r students to cross 13th Street as a pedestrian. However, some students were dropped off on Marshall Avenue east of 13th Street or in the parking lot just south of Marshall Avenue. These students used the crosswalk at Marshall Avenue which is shown in Figure 3.1- l.
Typically, pedestrians waited for a gap in the traffic, hesitating until it was clear that a vehicle would stop. Some vehicles did not stop for pedestrians clearly attempting to cross the street at the crosswalk. Si nce the students were being cautious, the risk for confli ct was li mited. However, the undefined right of-way can lead to challenges when there are two through lanes in the same direction. When one vehicle comes to a stop, the pedestrian may feel comfortable crossing the road, and a vehicle may approach in the other lane and may not stop. This uncertainty is what makes the crossing location unsafe for pedestrians and vehicles.
Figure 3. 1 Marshall Street Crosswalk
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3.2 Pedestrian Tracking
PEDESTRIAN TRACKING - AM PEAK
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4 Previous Pedestrian Crash Review A single pedestrian crash occurred within the Harlingen High School Zone on November I st, 2019 at 4:14p.m. The collision occurred within the active school zone during daylight hours. A passenger vehicle was driving northbound in the right lane of the 1500 block ofN 13th Street. The pedestrian was walking eastbound within the crosswalk at the 1500 block ofN 13th Street. The driver of the vehicle fai led to yield to the pedestrian in crosswalk and collided into the pedestrian. The driver was not intoxicated in any way, the weather conditions were clear, and the roadway conditions were dry. 5 Pedestrian Crossing Improvement Alternatives
5. 1 Consolidating Crosswalks Reducing the number of crosswalks in the school zone is a solution that would improve the expectation of pedestrians being present. Currently there are three crosswalks across 13th Street. Two of these crosswalks lead from the west sidewalk to the east sidewalk on 13th Street, and the last crosswalk leads from the west sidewalk to an unpaved area that is used as an unofficial parking lot. A field observation found that the two northmost crosswalks were seldomly used and that the unofficial parki ng lot was also not regularly used. By removing the less frequently used crosswalks, the school can channel pedestrians into the desired crossing location, making any further improvements to pedestrian safety less costly and more effective.
5.2 Rapid Rectangular Flashing Beacon (RRFB) Rapid Rectangular Flashing Beacons (RRFBs) are signs with amber LEOs that can be used at mid-block crosswalks to increase driver awareness of potential pedestrian conflicts. They can be activated by pedestrians, manually by a push button or passively by a pedestrian detection system. RRFBs can be used within this school zone at all three crosswalks or just the highest volume crosswalks.
RRFBs have been found to dramatically increase driver yielding behavior to pedestrians, making high-volume pedestrian crosswalks safer. However, through observations, it was noticed that pedestrians crossing 13th Street typically wait for a gap in traffic to cross. Adding RRFBs could make pedestrians change their behavior and begin to expect the driver to yield the right-of-way. Since 13th Street is a five lane roadway, vehicles in three lanes would have to respond to the change in expectation and yield to the pedestrian, increasing the chance for misunderstanding and miscommunicati on.
RRFBs cost approximately $ 10 ,000 to $ 15,000 to purchase and install two units (one on either side of a street). This includes solar panels for powering the units, pad lighting, indication units with RRFBs in the back and front of each un it, signage on both approaches, all posts, and either passive infrared detection or push buttons with Figure 5.2-1 RRFB audio instructions.
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5.3 Pedestrian Refuge Islands A pedestrian refuge island is a potential solution that would limit pedestrian exposure in the crosswalk area. Currently, pedestri ans must cross an uninterrupted five lanes of roadway with three lanes in a single direction. Placing a pedestrian refuge island would create shorter crossing distances fo r pedestrians by physically narrowing the roadway. It would also effectively calm traffic.
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According to the Figure 5.3-2 produced from an FH W A report on crosswalk installation, there is a possible increase in pedestrian crash risk if crosswalks are added to a five-lane roadway with a travel speed around 35 mph without other pedestrian facility enhancements. Although the posted travel speed on 13th Street is 30mph, our traffic study shows that the actual 85th percentile travel speed is 35 mph. This potential risk may be eliminated by adding a pedestrian island refuge in the two-way left turn lane space as shown in the Figure 5.3-3.
The drawback of this solution is that adding a refuge island would slightly shorten the storage length on the two-way left turn lane for drivers turning left into the facu lty parking lot.
Figure 5.3-3 Refuge Island Placement
The cost associated with a pedestrian refuge island is can range from $ 10,000 to $30,000 depending on the length of the island. For the purpose of this study, a cost of $15,000 will be assumed.
5.4 Raised Crosswalk/ Speed Bump A raised crosswalk is a potential solution that would increase safety at the crosswalk locations by slowing traffic and increasing driver awareness of the pedestrian crossing. Raised crosswalks have been shown to reduce pedestrian crash risk by up to 45%.
Raised crosswalks are ramped speed tables that extend across the entire width of a road to allow pedestrians to cross at grade with the sidewalk. They are like speed bumps in that they act as a traffic calming measure, but unlike speed bumps, they are typically at least I 0 feet wide and designed to allow the front and rear wheels of a passenger vehicle to be on top of the table at the same time.
1\hanson.dom\dfslidrive\ 18jobsl18L0235\Adm in\ 14-Reports\Ped Crossing\REP_Ped Crossing Report Final_ 20200331 .docx City of Harlingen 9 Harlingen Pedestrian Crossing Analysis Harlingen, TX, Cameron County ~HANSON City of Harlingen, Texas
Raised crosswalks are normally placed at midblock crossing locations on roads like 13th Street with posted speeds of 30 mph or less and with AADTs below 9 ,000. They are also typically placed on roads with 2 to 3 lanes. r \\ =I_
I Figure 5.4-1 Raised Crosswalk
The cost associated with a raised crosswalk ranges from $7,000 to $31 ,000 each. For the purpose of this study, a cost of $30,000 per raised crosswalk wi II be assumed.
5.5 Road Diet A road diet, also called a lane reduction, may be considered for 13th Street to reduce the pedestrian crossing di stance and the number of pedestrian vehicle conflict points. Currently 13th Street is a fi ve lane roadway with an AADT of 6,592 and a maximum Peak Hour Volume of 484 vehicles in a single direction. These volumes can be comfortably accommodated in a three-lane configuration, w ith one lane in either direction and a two-way left turn lane as shown in Figure 5.5-1.
Figure 5.55-1 Road Diet
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The cost of a road diet may cost something in the range of $1,500,000 per lane mile (0.2*3*$1.5M=$900,000). The rounded total cost would therefore be around $ 1,000,000. Although a road diet may be the costliest of the listed solutions, it would improve drainage in the area and save money in maintenance costs. 6 Cost Analysis Below is a table showing the estimated order of magnitude of the cost of each of the solutions detailed in section 5. The estimates are preliminary, and may vary considerably from the actual costs.
Solution Cost Estimate Consolidating Crosswalks $ 1,000 RRFBs $15,000 Pedestrian Refuge Island $15,000 Raised Crosswalk $30,000 Road Diet $100,000
7 Recommendation In order to improve pedestrian safety, any of the proposed alternatives could be implemented. If project cost is a limiting factor, the rectangular flashing beacons would be a reliable and effective solution. If the city can obtain additional funding, the road diet or a pedestrian refuge island should be implemented. Crosswalk consolidation is highly recommended in addition to any of the above alternatives.
\\hanson.dom\dfs\idrive\ 18jobs\18L0235\Adm in\ 14-Reports\Ped Crossing\REP _Ped Crossing Report Final_20200331 .docx City of Harlingen 11 AGENDA ITEM EXECUTIVE SUMMARY
Meeting Date: November 18, 2020 Agenda Item: Consider and possible action to approve an ordinance on first reading to repeal a portion of Ordinance 06-45 designating a ''No Parking Zone" on the east and west sides of 27th Street from Grimes Avenue south 200 feet and 238 feet on the south side of Grimes Avenue from 26th Street to 27th Street.
Prepared By (Print Name): Andy Vigstol, P.E. Digitally signed by Andy Vigstol ON: c-us. [email protected], Title: City Engineer QzCity of Har1ingen, OU•Engineering Department, CN=Andy V~gstol Reasonf I am approving this document Date: 2020.11 .10 12:00:36-06'00' Signature: Brief Summary: This request was presented to staff by the property owner of an empty lot fronting the existing "No Parking Zone." Said owner claims he has been unable to sell the lot due to the "No Parking Zone." Staff researched and found that the purpose of the "No Parking Zone" is no longer applicable. A formal request for removal of the "No Parking Zone" was submitted which included evidence of neighborhood support. The removal of the "No Parking Zone" will be removed from the east and west sides of 27th Street from Grimes Avenue south 200 feet and 238 feet on the south side of Grimes Avenue from 26th Street to 27th Street as outlined in your packet.
Funding (if applicable): Are funds specifically designated in the current budget for the full amount IXl Yes DNo* for this purpose? U *If no, specify source of funding and amount requested:
Finance Director's approval: D No [RJ N/A
Staff Recommendation: Staff recommends approval of repealing a portion of Ordinance 06-4 for the removal of the "No Parking Zone" on the east and west sides of 27th Street fro m Grim A venue south 200 feet and 238 feet on the south side of Grimes Avenue from 26th Street to t Street.
City Manager' s approval: 0 No O N/A Comments:
City Attorney' s approval: O N/A
Form revised 01126109 ORDINANCE NO. 20-__
AN ORDINANCE TO REPEAL A PORTION OF ORDINANCE 06-45 AND REMOVE A "NO PARKING ZONE" ON THE EAST AND WEST SIDES OF 27TH STREET FROM GRIMES A VENUE SOUTH 200 FEET AND 238 FEET ON THE SOUTH SIDE OF GRIMES FROM 26TH STREET TO 27TH STREET; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING.
BE IT ORDAINED BY THE CITY OF HARLINGEN:
SECTION 1: That repeal of a portion of Ordinance 06-45 removes an existing .. No Parking Zone" located on the east and west sides of 27th Street from Grimes Avenue south 200 feet and 238 feet on the south side of Grimes A venue from 26th Street and 27th Street;
SECTION II: The Chief ofPolice ofthe City of Harlingen, Texas is hereby authorized and directed to remove a portion of the traffic control devices authorized by ordinance 06-45.
SECTION Ill: The repeal of a portion of Ordinance 06-45 through this Ordinance shall not restrict or inhibit the Chief of Police of the City of Harli ngen, Texas or his forces in enforcing State and Local laws governing the Stopping, Standing, or Parking Prohibition requirements of automobiles in certain places includ ing intersections.
SECTION IV: That the City Secretary of the City of Harlingen, Texas is hereby authorized and directed to cause a true and correct copy of the caption of this Ordinance to be published in a newspaper having general circulation in the City of Harlingen, Cameron County. Texas.
FINALLY ENACTED THIS __da y of _____, 2020 at a regular meeting of the Elective Commission of the City of Harlingen, Texas at which a quorum was present and which was held in accordance with TEXAS GOVERNMENT CODE CHAPTER 551
CITY OF HARLINGE
Chris Boswell, Mayor
ATTEST:
Amanda C. Elizondo, City Secretary Existing No Parking Zone to be Removed on Grimes Ave. Not to Scale
., ., ., ., .,
EXISTING SIGN TO BE '! EXISTING SIGN TO BE REMOVED REMOVED NO NO ~~~~~~~~~P~~~G~~~~~~~~~~~~~~~~~~~~~ ~ P~~~~G I~====~~~~~~~~~~ TO TO ~~~~~~~~~~=-=M ~~ ~ , ~ GmMES A~ . = ~~~~s=~=~~~~~~~~~~~~~~~ ~ ~ V)
~1------'------~ \
I~~~~------~ 1------1
I Existing No Parking Zone to be Removed on 27th Street Not to Scale
EXISTING SIGN TO BE EXISTING SIGN TO BE REMOVED J 1"\CIVIU V CU t-It NO PARKING GRIM ES 6:00AM 6:00AM TO TO ~ 6:00PM 6:00PM...... ~ EXIST. STOP ~ IGN REMOVE 200' E) ~ IST. REMO\ ~ E 200' EXIST. NO PARKING ZP NE NO PA ~KING ZONE
FXISTINr, ~ l i~N T() RF I REMOVED REMOVED NO NO PARKING PARKING 6:00AM ~ 6:00AM TO v TO 6:00PM 6:00PM !!==·=~ ~ u_f-.___ ~ rn------i!= =·======l------j C!)
I I CTIYOF HARLINGEN T E X A S Engineering Department 1502 E. Tyler Ave. 78550 1(956) 216·5280
Formal Request for Removal of No-Parking Zone
This form constitutes a formal request for removal of an existing no-parking zone to the City of Harlingen. Please be sure to fill in all sections as required.
A. Request Area
Study Area
Revised October, 2020 l of3 ~HARLINGEN TIXAI Formal Request for No Parking Zone Removal
Evidence of Neighborhood Support Please provide evidence of neighborhood support for removal of the no-parking zone using the form below (duplicate this sheet as necessary). We the undersigned owners and residents Skyview Terrace Subdivision and Suburban Acres Subdivision hereby offer our support for our neighborhood's participation in the Speed Hump Program.
~~ :v~() f'l,IIJR.A pd £ 'f& 2..£. ~~n1c!? Printe~me House Number and Street Owner P-A ± l)'t £rz__ :Z ~ 2 z E G-R.~ 1'\1\es Printed~me House Number and Street
Ma (U Wrw±rtlt&-.~..~.ll..,.,....._l1...1,.JoL..:tJ.~t1fl;~~~+.___ ~rioted Nll11i House Number and Street Marv Ma r-fiM.v Printed Name House Number and treet Owner Resident 0 D Printed Name House Number and Street Owner Resident Signature D D Printed Name House Number and Street Owner RIHident Signature D D Printed Name House Number and Street OWner Resident Signature D D Printed Name House Number and Street Owner Resident Signature D D Printed Name House Number and Street Owner Resident Slsnature D 0 Printed Name House Number and Street Owner Resident Slsnature 0 D Printed Name House Number and Street Owner Resident Slsnature D D Printed Name House Number and Street Owner Resident Sis nature
Revised October, 2020 2of3 an~~.f i. HARLINGEN tEXAS Formal Request for No Parking Zone Removal
C. Representative of the Residents Contact Information Each request must provide a contact person who lives on the requested street within the study area boundary. If the request is being submitted from a neighborhood association, please provide the name, address, telephone number, and email of the duly authorized representative of the neighborhood association. The contact person will receive all correspondence and will be responsible for gathering evidence of support.
Name: Address: , Harlingen, Texas Zip Code: ]f£J{)
Phone#: 907J -&Df,tfOZB
Email Address: _..J<::a!!...!.ll--!.l/L!..m=ott~qJ~6lJ!e.!=st~aL.L,D8:J..!.MLl~ill...!...:. e~o::.!.!,M...!o.,______
I agree to be the contact person for the above request, and I understand that a request does not guarantee removal of the no parking zone
Signature:
• Please scan and email all correspondence to [email protected].
Upon review of this form by the Engineering Department, the requestor will be notified as to the completeness of the form and if the signatures meet the neighborhood support requirements.
Revised October, 2020 3 of3 HARLINGEN~ Y I! I A I Formal Request for No Parking Zone Removal
C. Representative of the Residents Contact Information Each request must provide a contact person who lives on the requested street within the study area boundary. If the request is being submitted from a neighborhood association, please provide the name, address, telephone number, and email of the duly authorized representative of the neighborhood association. The contact person will receive all correspondence and will be responsible for gathering evidence of support.
Name: :1;;; r?>l(f) 4LII4R4m
Address: c271Jz ,E r QA,. p?t::-<:
Harlingen, Texas Zip Code: _ 41__;:f:....;S.=-1/)_,_""------
Phone#: r5h- fS-'1- 51' .:S'7J
Email Address: ::I/ a../ 1.1 g... I: a. d a (//f. UZ) m#4 (!tJ/71
I agree to be the contact person for the above request, and I understand that a request does not guarantee removal of the no parking zone
• Please scan and email all correspondence to [email protected].
Upon review of this form by the Engineering Department, the requestor will be notified as to the completeness of the form and if the signatures meet the neighborhood support requirements.
Revised October, 2020 3 of3 annr~.f i. HARLINGEN T EX A I Formal Request for No Parking Zone Removal
C. Representative of the Residents Contact Information Each request must provide a contact person who lives on the requested street within the study area boundary. If the request is being submitted from a neighborhood association, please provide the name, address, telephone number, and email of the duly authorized representative ofthe neighborhood association. The contact person will receive all correspondence and will be responsible for gathering evidence of support.
Name:
Address:
Harlingen, Texas Zip Code: J £-2o 0 Phone#: 9'5'rc- z z ~ - -2 e:, ;.z Email Address: ------
I agree to be the contact person for the above request, and I understand that a request does not guarantee removal of the no parking zone
Signature: .Pf'J t ~ Date: / C) ,. OZ fl. - g 6
• Please scan and email all correspondence to [email protected].
Upon review of this form by the Engineering Department, the requestor will be notified as to the completeness of the form and if the signatures meet the neighborhood support requirements.
Revised October, 2020 3of3 ORDINANCE NO. 06-45
AN ORDINANCE TO ESTABLISH A "NO PARKING" ZONE ALONG THE NORTII AND SOUTH SIDES OF GRIMES A VENUE FROM 25m STREET TO LOOP 499, ON THE WEST SIDE OF 28m STREET FROM GRIMES AVENUE NORTH TO THE EXISTING NO PARKING ZONE, ON THE EAST AND WEST SIDES OF 26m STREET AND 27m STREET FROM GRIMES AVENUE SOUTH 200 FEET; THE "NO PARKING" RESTRICTION FOR THE 960 FEET EAST OF 25m STREET, ON THE SOUTH SIDE OF GRIMES, AND Tim200FEET SOUTH OF GRIMES AVENUE ON THE EAST AND WEST SIDES OF 26m AND 27m STREET SHALL BE FOR THE HOURS OF 6 AM TO 6 P.M. ONLY; AUTHORIZING THE TOWING OF VElllCLES PARKED IN SAID ''NO PARKING" ZONE; ESTABLISmNG A PENALTY NOT TO EXCEED $200.00 FOR VIOLATION OF THE PROVISIONS OF TillS ORDINANCE; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING
BE IT ORDAINED BY THE CITY OF HARLINGEN:
SECTION 1: That a ''NO PARKING" zone be established along the north and south
sides of Grimes Avenue from 25th Street to Loop 499, on the west side of 28th Street from Grimes
Avenue north to the existing "NO PARKING" zone, and on the east and west sides of26th and
27th Street from Grimes Avenue south 200 feet. The ''NO PARKING" restriction for the 960 feet
east of25th Street, on the south side of Grimes Avenue, and the 200 feet south of Grimes Avenue
on the east and west sides of 26th and 27th Street shall be for the hours of6 AM to 6 P.M. only.
SECI'ION ll: The Chief ofPolice of the City of Harlingen, Texas is hereby authorized
and directed to place the traffic control devices authorized by this ordinance.
SECI'ION m: It shall be unlawful for any person to stop or park a vehicle in the ''NO
PARKING" zone designated by this ordinance.
SECTION IV: That the Police Department of the City ofHarlingen is authorized to
cause vehicles parked in violation of this ordinance to be towed at the expense of the owners or
operators of such vehicles.
SECI'ION V: That a person who stops or parks a vehicle in the ''NO P ARK.ING" zone established by this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed $200.00. present and which was held in accordance with TEXAS GOVERNMENT CODE CHAPTER 551
CITY OF HARLINGEN 8)
AGENDA ITEM EXECUTIVE SUMMARY
Meeti Date: 11/1812020
Consideration and possible action to approve a resolution appointing a city representative to the Cameron County Appraisal District Board of Directors for a two (2) year staggered term.
Prepared By (Print Name): l Title:
Currently Mr. David Argabright serves as the City's representative in the Cameron County Appraisal District Board and his term wilt expire December 31, 2020. Directors appointed to the Cameron County Appraisal District Board serve for a two (2) year staggered term.
Funding (If applicable):
r-l Yes [KJNo
Finance Director's approval: --= Yes C_ ~ No 0 N/A
Appointment of the City's representative is done through a resolution of the City Commission.
City Manager's approval: ~- -- · 1 No l -~ N/A . .) COMIMftta:
City Attorney's approval: [J N/A STATE OF TEXAS CAMERON COUNTY
RESOLUTION NO. 2020-__
WHEREAS, Harlingen City Commission is entitled to appoint one director to the Cameron Appraisal District Board of Directors; and
WHEREAS, such action was authorized when more than three-fourths of the voting entities increased the size and changed the method of selection of directors; and
WHEREAS, Section 603 (b) of the Texas Property Tax Code authorizes the selection method of the directors.
NOW THEREFORE BE IT RESOLVED, that the Harlingen City Commission hereby appoints ______to represent this taxing unit on the Board of Directors of the Cameron Appraisal.
CONSIDERED AND ADOPTED this 18th day of November, 2020, at a regular meeting of the Elective Commission of the City of Harlingen, Texas, at which a quorum was present and which was held in accordance with TEXAS GOVERNMENT CODE, CHAPTER 551 .
CITY OF HARLINGEN:
Chris Boswell, Mayor ATTEST:
Amanda Elizondo, City Secretary CAMERON APPRAISAL DISTRICT MEMBERS OFTHE BOARD Richard Molina - Chief Appraiser Vicente Mendez, Chairman P.O. Box 10 10,2021 Amistad Dr. David Garza, Vice-Chairman San Benito, Texas 78586 www.cameroncad.org David Argabright, Secretary (956) 399-9322 Gloria Casas (956) 541-3365 Alta Monroe (956) 428-8020 Ricardo Morado Fax: (956) 399-6969 Laura Perez-Reyes Jesse Villarreal Gilbert Weaver Tony Yzaguirre, Jr. August 3, 2020
The Honorable Chris Boswell Mayor, City of Harlingen 11 8 E. Tyler, P.O. Box 2207 Harlingen, TX 7855 1
Dear Mayor Boswell:
Cameron Appraisal District's Board of Directors serve staggered two-year terms and this communication is to advise you that your representative's two-year term expires December 31, 2020. Therefore, you must re-appoint your representative, Mr. David Argabright, or appoint a new representative by resolution before December 31, 2020.
Pursuant to Chapter 6 of the Texas Property Tax Code, the requirements for eligibility to serve on an appraisal district board of directors are as follows:
1. The individual must have resided in the district for at least two years immediately preceding taking office. 2. An employee of a taxing unit that participates in the district is not eligible to serve on the board unless the individual is also a member of the governing body or an elected official of a taxing unit that participates in the district. 3. An individual is ineligible to serve if the individual is related within the second degree by consanguinity or affinity to an individual who is engaged in the business of appraising property for compensation fo r use in proceedings under this title or of representing property owners for compensation in proceedings under this title in the appraisal district. 4. An individual is ineligible to serve if related to an employee of the appraisal district within the second degree by affinity or within the third degree by consanguinity unless the employee resigns. 5. An individual is ineligible to serve if the individual or a business entity in which the individual has a substantial interest is a party to a contract with the appraisal district or a taxing unit that participates in the appraisal district. 6. An individual is ineligible to serve if the individual owns property on which delinquent taxes have been owed to a taxing unit for more than 60 days after the date the individual knew or should have known of the delinquency unless the delinquent taxes and penalties are being paid under an installment payment agreement or the taxes are deferred or abated under Tax Code Section 33.06 or 33.065.
Please send us your resolution as soon as the appointment bas been made. Please feel free to call if any further information is needed.
Sincerely, ~~!(~+ Chief Appraiser
RM/ls
cc: Mr. Dan Serna David Argabright City Manager CAD Director
q)
AGENDA ITEM EXECUTIVE SUMMARY
Meeting Date: November 18, 2020 Agenda Item: Consideration and possible action to appoint Ms. Ana Hernandez, Mobility and Special Projects Director as an alternate member for the City of Harlingen to the Technical Advisory Committee (TAC) of the Rio Grande Valley Metropolitan Planning Organization (RGVMPO).
Prepared By (Print Name): Title:
Signature:
Brief Summary: The RGVMPO requires the appointment of a member and alternate member to its Technical Advisory Committee (TAC). The TAC is responsible fo r making planning recommendations to the Transportation Policy Board on RGVMPO documents and analysis, project selection criteria, and transportation planning studies. Committee members include planners and engineers from participating entities, as well as representati ves from ports and transit providers.
Presently, Mr. Carl os Sanchez, Assistant City Manager, serves as the primary member and Mr. Gabriel Gonzalez, Assistant City Manager, as the alternate member. Due to other work commitments by Mr. Gonzalrez, I ecommend to appoint Ms. Ana Hernandez, Mobility and Special Projects Director, to serve as the alternate member.
Funding (if applicable): Are funds specifically designated in the current budget for the full amount ~--·-] Yes n No* I ! for this purpose? __ _] _i_i *If no, specify source of funding and amount req uested:
Finance Director's approval: Yes 1-] No I I N/A I I '---' Staff Recommendation: Staff recommends appointment of Ana Hernandez, Mobility and Special Projects Director, to serve as an Alternate on the RGVMPO Technical Advisory Committee.
City Manager's approval: [ __- ..]i No 0' N/A Comments:
City Attorney's approval: ----·J No fl 1'·---····-J l_j N/ A
Form revised 01!26109 AGENDA ITEM ;q) EXECUTIVE SUMMARY
Meeting Date: November 18, 2020 Agenda Item: Consideration and possible action to authorize the City Manager, on behalf of the City of Harlingen, Texas, and the Police Chief, on behalf of the Harlingen Police Department, to enter into a Memorandum of Understanding (MOU) with High Intensity Drug Trafficking Areas (HIDTA) Program and the Cameron County Auditor's Office (CCAO).
Prepared By (Pri nt Name): Michael Kester Title: Chief of Police Signature:
Brief Summary: The City of Harlingen, Texas and the Harlingen Police Department would like to enter into a Memorandum of Understanding (MOU) with High Intensity Drug Trafficking Areas (HIDTA) and the Cameron County Auditor's Office (CCAO). Under this MOU, the participating agencies are to cooperate in reducing drug trafficking through joint operational and supporting initiatives to disrupt and dismantle the Drug Trafficking Organization (DTO's), their supporting transportation and money laundering organizations (MLO's) in the STX HIDTA.
Funding (if applicable): Are funds specifically designated in the current budget for the fu ll amount for this DYes DNo* purpose? *If no, specify source offunding and amount requested:
Finance Director's approval: r ves 0 No C NIA
Staff Recommendation: Recommend approval.
City Manager's approval: 0 No O N/A Comments:
City Attorney's approval: No D N/A
form revised 01/26/09 MEMORANDUM OF UNDERSTANDING HIGH INTENSITY DRUG TRAFFICKING AREAS (HIDT A) PROGRAM
1. PARTIES TO THE MEMORANDUM OF UNDERSTANDING (MOU)
This MOU is between the SOUTH TEXAS HIGH INTENSITY DRUG TRAFFICKING AREA ("STX HIDTA"), the CAMERON COUNTY AUDITOR'S OFFICE ("CCAO"), and the HARLINGEN POLICE DEPARTMENT for program support of the High Intensity Drug T rafficking Areas ("HIDTA") Program.
1.1 Party Designations
I.I.I CITIES mean CITY (HARLINGEN POLICE DEPARTMENT). 1.1.2 COUNTIES mean CAMERON COUNTY 1.1.3 FIDUCIARY AGENTS mean CAMERON COUNTY AUDITOR' S OFFICE. 1.1.4 PARTICIPATING AGENCIES means (HARLINGEN POLICE DEPARTMENT).
1.2 Party Departments or Agencies Participating in this MOU
1.2.1 For the CO UNTI ES, participating agencies are their respective Sheriffs Departments, their District Attorney's Office. For the CITIES, participating agencies are their respective police departments and includes the (HARLINGEN POLICE DEPARTMENT). The service and obligation of PART IES and their participating departments are set forth herein.
2. RECITALS
2.1 WHEREAS, FIDUCIARY are recipients of HIDTA Program funds from the Executive Office of the President, Office of National Drug Control Policy ("ONDCP"), under the Fiscal Year 2020-202 1 High Intensity Drug Traffick ing Area ("HIDTA") Program; and
2.2 WHEREAS, FIDUCIARY of the HIDTA Program funds is responsible fo r reimbursing PART ICIPATING AGENCIES pursuant to current HIDTA Program Policy and ON DCP approved budgets in the STX HIDTA's Financial Management System; and
2.3 WHEREAS, 116/C2016, the ameron County Commissioner's Court authori zed the CCAO to enter into an agreement with the STX H IDT A to serve as the fiscal agent for the HID T A Program; and
2.4 WHEREAS, HlDTA Program funds shall be used to reimburse PART ICI PATING AGENCIES for overtime for assigned positions authorized and budgeted by the STX HIDTA Executive Committee and approved by ONDCP; and
2.5 WHEREAS, PARTICIPATING AGENCIES shall certify annuall y, on their agency letterhead, using language provided by ON DCP, that positions funded by STX HIDTA for salary and benefits, would be vacant if not fo r STX H IDTA Program funds; and
4817-7158-2927, v. 1 2.6 WHEREAS, PARTIES, with the exception of CCAO, to this MOU are contractors and not sub-recipients pursuant to 2 CFR 200.330; http://www.ecfr.gov/cgi-bin/text- idx?SID=efl443390d63156252768f89e5c4e50b&mc=true&node=se2. 1.200 13 30&rgn=div8; and
2.7 WHEREAS, PARTIES accept all standards and conditions of the HIDTA Program grant, HIDTA Program Policy, and all requirements of 2 CFR 200-Uniform Administrative Requirements, Subpart E-Cost Principles, and Subpart F-Audit Requirements; http://www.ecfr.gov/cgi-bin/text idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tpl; and
2.8 WHEREAS, PARTTES agree to maintain and retain for audit and inspection, documentation supporting all expenditures reimbursed from STX HIDTA Program funds in accordance with HIDTA Program requirements; ensure all expenditures are allowable under grant requirements; and, adhere to its jurisdiction's authorized procurement methods.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PARTIES jointly intend that the ONDCP wi ll fund, and FIDUCIARY will reimburse, PARTICIPATING AGENCIES that provide a level of STX HIDTA Program services, as set forth in this MOU.
MEMORNDUM OF UNDERSTANDING (MOU)
1. PURPOSE AND INTENT
The purpose of this MOU is to satisfy the ONDCP Fiscal Year 2020-2021 STX HIDTA State and Local Initiative Funding proposal and grant award requirements.
2. SCOPE OF SERVICES
2.1 Method of Service Delivery FIDUCIARY will hold the STX HIDTA Program funds and will reimburse PARTICIPATING AGENCfES for costs incurred per this MOU. The STX HIDTA Program will be staffed as described in section N. - Standards of Service: Obligations of the Parties.
2.2 Overview of Basic Services PARTICIPATING AGENCIES will provide STX HIDTA activities ("Activities") consistent with those contained in the annual Initiative Proposal and Budget approved for funding by the STX HIDTA Executive Committee and ONDCP each year. Changes shall not be made in the subject or the proposed objectives and products of Initiative activities without prior written approval from the STX HIDTA Director acting on behalfofthe Executive Committee.
3. TERM OF AGREEMENT
3.1 Initial Term The term of this MOU shall begin upon approval by the fiduciary and shall continue in effect until terminated.
2 4817-7158-2927, v. 1 3.2 Termination Subject to the applicable prov1s1ons of state law, each PARTY may terminate its participation in this MOU upon ninety (90) days' minimum written notice to the other PARTIES.
4. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES
4.1 Anticipated Outcome The anticipated outcome of the Activities to be provided by PARTIC IPATING AGENCIES under this MOU is to cooperate in reducing drug trafficking through joint operational and supporting ini tiatives to di srupt and dismantle the Drug Trafficking Organization (DTO's), their supporting transportation, and money laundering organizations (MLO' s) in the STX HIDTA.
4.2 Personnel Qualifications and Assignment All PARTICIPATING AGENCIES' personnel who perform Activities pursuant to this MOU shall have met the minimum qualifications designated for their specific classification.
PARTICIPATING AGENCTES shall provide the STX HIDTA Program with qualified personnel to meet performance standards and scope of service defined herein.
4.2.1 Parties' Discretion The management; direction; superv1 s1on; standards of performance; discipli ne; and, all other matters incident to the performance of such services by personnel of each PARTICIPATING AGENCY, shall be performed by and be the responsibility of that personnel's PARTICIPATING AGENCY in that PARTICIPATING AGENCY'S sole but reasonable judgment and in accord with the provisions of applicable labor agreements. Each PARTICIPATING AGENCY shall be the appointing authority for their personnel provided to the STX HIDTA Program by this MOU. No PARTY shall have any li ability for any direct payment of salary, wages, indemnity, or other compensation or benefit to persons engaged in another PARTY' S performance of this MOU.
4.3 Staffing for Basic Services PARTICIPATING AGENCIES shall ensure that adequate numbers of their qualified respective personnel are always provided to Activities during the term of this MOU to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein.
5. COST OF SERVICES/CONSIDERATION
5.1 General As full consideration for the satisfactory performance and completion by PARTICIPATI G AGENCIES of Activities set forth in this MOU, FIDUCIARY shall reimburse PARTICIPATING AGENCIES for personnel assigned to the HIDTA Program performing Activities on the basis of invoices and submittals as set forth hereunder. Such payments by FIDUCIARY is dependent on the continued availability of funds from the ONDCP.
5.2 Personnel Costs/Rate of Compensation FIDUCIARY shall compensate PARTICIPATING AGENCIES for regular and overtime hours worked by personnel assigned to perform Activities based upon available fund ing and the actual
3 4817-7158-2927, v. 1 costs incurred by PARTICIPATING AGENCIES to provide Activities under this Agreement, up to the approved ONDCP Budget amounts and per HIDT A approved policies.
5.3 Method ofPayment PARTICIPATING AGENCIES shall invoice monthly for expenditures incurred for each initiative separately, by category, and with timesheets and other related supporting documentation attached to the invoice that represent amounts due under this MOU to the Fiduciary. Within sixty (60) business days upon receipt of valid invoice and al l supporting documentation, FIDUCIARY will reimburse PART ICIPATING AGENCIES for the Basic Services agreed to.
5.3.1 PARTICIPATING AGENCIES shall maintain payroll records for each and every person whose costs are reimbursable under this MOU, to include, at a minimum, the person's name, classification, duty position, task, and regu lar and overtime hours worked. Upon reasonable request, PARTICIPATING AGENCIES shall make all payroll records and any other records that relate to the Basic Services provided under this MOU available to FIDUCIARY and STX HIDTA for audit and inspection.
6. INDEMNIFICATION RELATED TO WORKERS COMPENSATION, EMPLOYMENT AND CLAIMS, AND LIABILITY ISSUES
6.1 Workers Compensation and Employment 6.1.1 Each PARTY shall fully indemnify and hold harmless the other PARTIES and their respective officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees, court costs, and/or arbitration costs), costs, damages or liabilities arising fro m or related to ( I) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the PARTY or any contract labor provider retained by the PARTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitati on, compensation, demotion, promotion, discipline, termination, hi ring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the PARTY or any contract labor provider retained by the PARTY.
6.2 Indemnification Related to Acts or Omissions; Negligence 6.2.1 Claims Arising from Sole Acts or Omissions of a PARTY Each PARTY to this MOU hereby agrees to defend and indemnify the other PARTIES to this MOU, their agents, officers, and employees, from any claim, action, or proceeding against the other PARTIES, arising solely out of its own acts or omi ssions in the performance of this MOU. At each PARTY's sole discretion, each PARTY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any PARTY of any obligation imposed by this MOU. PARTIES shall notify each other promptly of any claim, action, or proceeding and cooperate full y in the defense.
6.2.2 Claims Arising from Concurrent Acts or Omissions PARTIES hereby agree to defend themselves from any claim, action, or proceeding arising solely out of the concurrent acts or omissions of the PARTIES. In such cases, PARTIES agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs.
4 4817-7158-2927, v. 1 7. GENERAL PROVISIONS
7.1 Independent Contractor Status In the performance of services under this MOU, each PARTY acknowledges and agrees that the other PART IES and their respective officers, agents, and/or employees shall be deemed independent contractors and not officers, agents, or employees of that PARTY. PARTIES have no authority of any kind to bind the other PARTIES in any respect whatsoever, nor shall PARTIES act or attempt to act, or represent themselves directly or by implication as an agent of another PART Y, or in any manner, assume or create, or attempt to assume or create, any obi igati on on behalf of, or, in the name of, another PARTY.
7.2 Notices Any notice, request, demand, or other communication required or permitted hereunder shall be in writing and may be personally deli vered or given as of the date of mailing by depositing such notice in the United States mail, fi rst-class postage prepaid and addressed as fo llows or, to such other place as each PARTY may designate by subsequent written notice to each other:
To STX HTDTA: Director South Texas HIDTA 4204 Woodcock, Suite 100 San Antonio, TX 78228-1 322
To PARTICIPATING AGENCIES: Harlingen Police Department I 0 18 Fair Park Boulevard Harlingen, Texas 78550 956-2 16-5403
A notice shall be effective on the date of personal delivery if personall y delivered before 5:00 p.m. on a business day or otherwise on the fi rst business day following personal delivery; or two (2) business days fo llowing the date the notice is postmarked, if mailed; or, on the first business day fo llowing delivery to the applicable overn ight courier if sent by overnight courier for next business day delivery and otherwise when actuall y received.
7.3 Amendment; Assignment This MOU may be modified or amended only by a wri tten document signed by the PARTIES, and no oral understanding or agreement shall be binding on the PARTIES. No PARTY shall assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other PARTY.
7.4 Entire MOU This MOU constitutes the complete and exclusive statement of understanding between the PARTIES with respect to the subject matter hereto. As such, all prior written and oral understandings are superseded in total by this MOU.
5 4817-7158-2927, v. 1 7.5 Construction This MOU will be deemed to have been made and shall be construed, interpreted, governed, and enforced, pursuant to, and in accordance with, the laws of the State of Texas. The headings and captions used in this MOU are for convenience and ease of reference onl y and shall not be used to construe, interpret, expand, or limit the terms of the MOU and shall not be construed against any one party.
7.6 Waiver A waiver by any PARTY of a breach of any of the covenants to be performed by another PARTY shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this MOU. tn addition, the fa ilure of any PARTY to insist upon strict compliance with any provision of this MOU shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by any PARTY of either performance or payment shall not be considered a waiver of any other PARTY'S preceding breach of this MOU.
7.7 Authority to Enter MOU Each PARTY shall have all requtstte power and authority to conduct their respective business and to execute, deliver, and perform the MOU. Each PARTY warrants that the individuals who have signed this MOU have the legal power, right, and authori ty to make this MOU and to bind each respective PARTY.
7.8 Cooperation PARTIES will cooperate in good faith to implement this MOU.
7.9 Counterparts This MOU may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. Cameron County through CCAO will provide PART LES with a copy of this MOU once fully executed.
7.10 Severa bility This MOU is subject to all applicable laws and regulations. If any provision of this MOU is found by any Court or other legal authority, or is agreed upon by the PART IES, to be in conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nu llifying any conflicting provision is such that a material benefit of this MOU to any PARTY is lost, then the MOU may be terminated at the option of the affected PARTY, with the notice as required in this MOU. In all other cases, the remainder of this MOU shall be severable and shall continue in fu ll force and effect.
7.11 Legislative Changes If any changes are made to regulations pursuant to which this MOU is made or to any successor legislation or regulations, or if the ONOCP imposes any budget requirements or limitations applicable to this MOU and the services to be provided hereunder, then ( I) to the extent any of the changes are of mandatory application, such change(s) shall apply to the PARTIES and this MOU, and this MOU shall be deemed to be amended to be consistent with such changes(s) except to the extent that such change(s) alter(s) a material provision of this MOU in which case such material provision shall be voidable and the PARTfES will negotiate in good faith to amend the MOU as necessary, and (2) to the extent any of the changes are not of mandatory appli cation, such change(s) shall not affect
6 4817-7158-2927, v. 1 this MOU or the right or obligations of PARTIES under this MO U un less the PARTIES mutually agree to subject themselves to such changes(s).
7.12 Representation FIDUCIARY and PARTICIPATING AGENCIES' Commander, District Attorney, Police Chief, Sheriff, or Special Agent in Charge, or their respective designee, shall represent their agency in all discussions pertaining to this MOU. STX H IDTA's Director, or their respective designee, shall represent STX HIDTA in all discussions pertaining to th is MOU.
7.13 Dispute Resolution Concerning Services and Payment In the event of any di spute concerning services and payment ari sing from this MOU, the representatives described in paragraph 7. 12 will meet and confer within ten (I 0) ten business days after receiving notice of the dispute to reso lve the dispute.
7. 14 Termination of Funding Ln the event that funding for reimbursement of costs related to STX HIDTA Activities is terminated by ONDCP, this MOU in its entirety shall be considered null and void and PARTIES shall no longer be req uired to provide STX HIDTA Activities as described herein. In such event, the PARTIES shall meet immediately, and if agreed upon by the PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of Acti vities through alternate means.
7.15 Obligation This MOU shall be binding upon the successors of the PARTIES.
7.16 Texas Law This MOU is executed and delivered within the State of Texas and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with and governed by the laws of the State ofTexas.
IN WITNESS WHEREOF, the PARTIES hereto approve and agree to the terms of this MOU, effective I 0/01/2020, unless otherwise specified.
SOUTH TEXAS lllGH INTENSITY CAMERON COUNTY DRUG TRAFFICKING AREA
Tony Garcia Eddie Trevino, Jr. Director County Judge
HARLINGEN POLICE DEPT. HARLINGEN CITY MANAGER
Michael Kester Dan Serna Chief of Police City Manager
7 4817-7158-2927. v. 1