14 03 04 agenda supplements

Date of Meeting: March 4, 2014

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

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

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

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

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

Standardized Agenda Request Form

Weslaco City Commission Regular Meeting

March 4, 2014

City of Weslaco “The City on the Grow”

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

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

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

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

Fidel L. Pena, III, Commissioner, District 6

Leonardo Olivares, City Manager

The Pledge of Allegiance to the Flag

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

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

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

STATEMENT OF VISION: AN INTERNATIONAL CENTER OF GROWTH

Friendly people with vision, courage and integrity

STATEMENT OF MISSION: COMMITMENT TO EXCELLENCE IN PUBLIC SERVICE

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


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Minutes of the Regular Meeting of the Weslaco City Commission on February 18, 2014 Page 1 of 12

A REGULAR MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, FEBRUARY 18, 2014

On this 18st day of February 2014 at 5:30 p.m., the City Commission of the City of Weslaco, Texas convened in a Regular Meeting at City Hall in the Legislative Chamber, located at 255 South Kansas Avenue with the following members present: Mayor David Suarez Mayor Pro-Tem J.F. “Johnny” Cuellar Commissioner David R. Fox Commissioner Olga M. Noriega Commissioner Gerardo “Jerry” Tafolla Commissioner Lupe Rivera Commissioner Fidel L. Pena, III

City Manager Leonardo Olivares

City Secretary Elizabeth M. Walker City Attorney Ramon Vela Also present: Juan Salas, IT Department; Bret Mann, Finance Director; Mardoqueo Hinojosa, City Engineer/Interim Planning Director; Martin Mata, Assistant Library Director; David Salinas, Public Utilities Director; Trinidad Cantu, Assistant Public Utilities Director; Santiago Cuellar, Fire Chief; Police Chief Michael Kelley; Oscar Garcia, Public Facilities Director; and other staff members and citizens.

I. CALL TO ORDER

A. Certification of Public Notice.

Mayor Suarez called the meeting to order and certified the public notice of the meeting as properly posted Friday, February 14, 2014.

B. Invocation. Senior Minister Howard Bloomquist from Central Christian Fellowship gave the invocation.

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

D. Roll Call. Elizabeth Walker, City Secretary, called the roll, noting the arrival of Mayor Pro-Tem Cuellar at 5:39 p.m.

II.

PUBLIC COMMENTS There were no comments received.


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III. PUBLIC HEARINGS

A. To solicit input on behalf of Dollar General Store #9071 to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off-Premise Permit at 2111 W. Business Highway 83, also being Lot 1, Dollar General First Addition Subdivision, Weslaco, Hidalgo County, Texas. At 5:33 p.m., Commissioner Tafolla, seconded by Commissioner Rivera, moved to open the public hearing. There were no comments received. Commissioner Tafolla, seconded by Commissioner Rivera, moved to close public hearing. The motion carried unanimously; Mayor Suarez was present, but not voting

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

A. Approval of the Minutes of the Regular Meeting on February 4, 2014. (Staffed by City Secretary’s Office.) Attachment.

B. Approval of the Right of Entry Agreement between Time Warner Cable and the City of Weslaco to the property and building(s) located at 301 S. Border Ave. (Valley Nature Center), authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Staffed by Public Facilities Department.) Attachment. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the consent agenda as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

V. OLD BUSINESS

A. Discussion and consideration to approve the submission of the Final Proposed Annual Work Plan for the City of Weslaco under the Hidalgo County Urban County Program. Funding Allocation and approval of Resolution No. 2014-05 for Year 27 (2014) to accept the allocation of approximately $308,702.00 and authorize the Mayor to execute any related documents. Possible action. (There was no action on this item February 4, 2014; Staffed by the City Manager’s Office.) Attachment. The City Manager explained most of the funds are committed to water and wastewater improvements at the original townsite, with some committed to parks improvements; all are eligible activities for low to moderate income communities. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.


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For the record, Resolution 2014-05 reads as follows:

RESOLUTION # 2014-05

A RESOLUTION ADOPTING THE WORK PLAN AND BUDGET FOR YEAR TWENTY-SEVEN (27) URBAN COUNTY PROGRAM WHEREAS, the City of Weslaco is participating in the Urban County Program; and WHEREAS, the City of Weslaco conducted a Public Hearing on Tuesday, October 15, 2013 at 6:00 P.M. at the Weslaco City Hall Legislative Chambers to solicit public input on community needs in compliance with CDBG requirements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO TEXAS THAT: The Urban County work plan and budget for Year Twenty-seven (27) 2014 is hereby adopted as follows:

Year 27 (2014) PROGRAM ACTIVITY BUDGET General Administration $5,000.00 Water/Sewer Improvements $259,392.00 Park, Recreational Facility $44,310.00 TOTAL $308,702.00 PASSED, APPROVED AND ADOPTED THIS THE 18th DAY OF FEBRUARY, 2014 /s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

VI. NEW BUSINESS

A. Discussion and consideration after public hearing on behalf of Dollar General Store #9071 to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off-Premise Permit at 2111 W. Business Highway 83, also being Lot 1, Dollar General First Addition Subdivision, Weslaco, Hidalgo County, Texas and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment. The City Manager noted the Planning and Zoning Commission as well as staff recommend approval. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

B. Discussion and consideration to approve a Railroad Master Grade Crossing Maintenance Agreement with Rio Valley Switching Company for the rehabilitation of existing railroad crossings within the Weslaco city limits and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning and Code


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Enforcement Department.) Attachment. The City Manager noted this agreement facilitates the work previously prioritized in bond agreements. In response to the Mayor, Mr. Mardoqueo Hinojosa clarified though this agreement identifies all crossings, the three crossings funded for maintenance are Border Avenue, Illinois Avenue, and Republic Avenues at Business 83. In response to Commissioner Rivera, Mr. Hinojosa stated that maintenance may be conducted at the Bridge Avenue for an additional fee. In response to Commissioner Pena, the City Attorney stated this agreement may be perpetual as presented. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

C. Discussion and consideration to authorize the solicitation of sealed bids for Unleaded and Diesel Fuel, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Facilities Department.) Attachment. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

D. Discussion and consideration to authorize the purchase of Badger Orion Meters and Trimble Ranger Handhelds from a sole source vendor Badger Meter, Inc., for the total not to exceed $55,790.92, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities Department.) Attachment. Mr. David Salinas clarified this item replaces existing inventory until the whole system is updated. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

E. Discussion and consideration to approve the Exempt and Non-Exempt classified positions with corresponding pay grade and ranges for fiscal year 2013-2014. Possible action. (Staffed by Human Resources Department.) Attachment. The City Manager highlighted as a substantive change the creation of the Assistant City Manager position, as well as Engineering Technician and Planner in the Planning and Code Enforcement Department. The mechanic has been reassigned from the Public Utilities to the Public Facilities department and the title changed for the Clerk I/Receptionist at the Police Department. The City Manager clarified budget amendments have not been requested at this time. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the


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item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

F. Discussion and consideration to authorize the purchase of INCODE Time Entry Module from sole source vendor Tyler Technologies in an amount not to exceed $16,000.00 and authorize a budget amendment as appropriate. Possible action. (Staffed by Finance Department.) Attachment. Mr. Bret Mann stated this is a software module compatible with the current financial management system to streamline timekeeping of hourly employees; there is an annual maintenance fee of $1,800.00. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

G. Discussion and consideration to approve the use of Series 2007 Bond proceeds for the cost of the airport extension project in the amount of $343,000.00, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Commission authorized the prioritization of Certificate of Obligation Series 2007 funds on February 4, 2013; Staffed by Public Facilities Department.) Attachment. The City Manager stated this is a state-grant funded project, with a ten percent local match split evenly with the Economic Development Corporation of Weslaco. The City Attorney confirmed this is an eligible expense from the proposed Series 2007 Bond proceeds. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

H. Discussion and consideration to approve the purchase of paving equipment from BuyBoard, Holt Cat vendor contract #424-13 in the amount not to exceed $846,040.00 utilizing Certificates of Obligation Series 2007 funds of $842,000.00 and $4,040.00 from Street and Highways General Fund, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Commission authorized the prioritization of Certificate of Obligation Series 2007 funds on February 4, 2013; Staffed by Public Facilities Department.) Attachment. Mr. Oscar Garcia stated this funds the equipment; to make the most of the purchase, he believes he needs two more heavy equipment operators. Commissioner Rivera, seconded by Mayor Pro-Tem Cuellar, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

I. Discussion and consideration to approve the interlocal agreement with Hidalgo


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County (Precinct 1) for street improvements, including design and construction, of Border Avenue from Mile 5 North to Mile 6 North (18th Street) in an amount not to exceed $1,075,400.00 as 48% of the total project cost, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning & Code Enforcement Department.) Attachment. Mr. Hinojosa indicated at a later meeting the contract amendment with the project engineer will be presented for consideration; it should be about four months to design. Commissioner Pena, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting. Commissioner Pena, seconded by Commissioner Noriega, moved to discuss New Business items J – M after Executive Session. The motion carried unanimously; Mayor Suarez was present, but not voting.

VII. EXECUTIVE SESSION At 6:23 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 7:00 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public.

VIII. POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION

J. Discussion and consideration to approve Resolution 2014-07 establishing the Extraterritorial Jurisdictional boundary with the City of Progreso, Texas and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning & Code Enforcement Department.) Attachment. The City Manager stated following some litigation, Weslaco agrees not to annex certain tracts originally proposed and both cities recognize the 2005 annexation of Los Ranchitos subdivision and the Extraterritorial Jurisdictional boundaries of 3.5 miles and 0.5 miles. Commissioner Pena, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting. For the record, Resolution 2014-07 reads as follows:

RESOLUTION NO. 2014-07

A RESOLUTION APPROVING THE SETTLEMENT AGREEMENT IN CITY OF PROGRESO V. CITY OF WESLACO IN CAUSE NUMBER CL-13-3660-G, ESTABLISHING THE EXTRATERRITORIAL JURISDICTIONAL (“ETJ”) BOUNDARY WITH THE CITY OF PROGRESO, TEXAS AND AUTHORIZE THE MAYOR TO EXECUTE ANY RELATED DOCUMENTS AND SETTING AN EFFECTIVE DATE

WHEREAS, City of Progresso filed a Temporary Restraining Order, Permanent Injunction and


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Original Petition against the City of Weslaco on November 21, 2013 claiming that the City of Weslaco’s annexation would overlap into the City of Progreso’s ETJ; and WHEREAS, in good faith both cities entered into negotiations in order to settle the suit and avoid costly litigation; and WHEREAS, the City of Weslaco has agreed not to annex tracts 16 and 20 as described on the 2013 Weslaco annexation plan; and the City of Progreso consents to the City of Weslaco’s annexation of the property previously annexed into the City of Weslaco’s municipal boundaries by City of Weslaco Ordinance No. 2005-55 and thereby establishing both municipal boundaries and ETJ boundaries; NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: Section 1. City of Weslaco and City of Progreso agree to resolve Cause No. CL-12-3660-G and enter into a Settlement Agreement where the City of Weslaco has agreed not to annex tracts 16 and 20 as described on the 2013 Weslaco annexation plan; and the City of Progreso consents to the City of Weslaco’s annexation of the property previously annexed into the City of Weslaco’s municipal boundaries by City of Weslaco Ordinance No. 2005-55 thereby establishing both municipal boundaries and ETJ boundaries, attached hereto as Exhibit 1 and incorporated into for all purposes to this Resolution. Section 2. The Mayor is hereby authorized to execute any and all legal documents necessary to fulfill the purpose and intent of this Resolution. Section 3. This Resolution shall become effective upon approval of the Settlement Agreement by both municipalities PASSED, APPROVED AND RESOLVED in Weslaco, Texas, this the 18th day of February 2014. /s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

K. Discussion and consideration to approve Resolution 2014-08 establishing the Extraterritorial Jurisdictional boundary with the City of Edcouch, Texas and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning & Code Enforcement Department.) Attachment. The City Manager stated that in the same hearing as aforementioned, the Cities of Elsa and La Villa acted as interveners; this establishes Mile 14 ½ North as the Extraterritorial Jurisdictional boundary. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting. For the record, Resolution 2014-08 reads as follows:


A RESOLUTION APPROVING THE SETTLEMENT AGREEMENT IN CITY OF EDCOUCH V. CITY OF WESLACO IN CAUSE NUMBER CL-13-3663-F, ESTABLISHING THE EXTRATERRITORIAL JURISDICTIONAL (“ETJ”) BOUNDARY WITH THE CITY


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OF EDCOUCH, TEXAS AND AUTHORIZE THE MAYOR TO EXECUTE ANY RELATED DOCUMENTS AND SETTING AN EFFECTIVE DATE

WHEREAS, City of Edcouch filed a Temporary Restraining Order, Permanent Injunction and Original Petition against the City of Weslaco on November 22, 2013 claiming that the City of Weslaco’s annexation would overlap into the City of Edcouch’s ETJ; and WHEREAS, the City of Elsa, Texas and the City of La Villa, Texas intervened in the lawsuit as Plaintiffs because they also had concerns over potential conflicts in ETJ; and WHEREAS, in good faith the cities entered into negotiations in order to settle the suit and avoid costly litigation; and WHEREAS, the City of Weslaco agrees that its ETJ between it and the cities of Elsa, Edcouch and La Villa shall extend no further north than the north right-of-way line of Mile 14½ North Road between the western line of the right-of-way of FM 493 and the eastern right-of-way line of County Line Road, also known as FM 1425, and thereby establishing both municipal boundaries and ETJ boundaries; NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: Section 1. City of Weslaco and City of Edcouch agree to resolve Cause No. CL-13-3663-F and enter into a Settlement Agreement where the City of Weslaco agrees that its ETJ between it and the cities of Elsa, Edcouch and La Villa shall extend no further north than the north right-of-way line of Mile 14½ North Road between the western line of the right-of-way of FM 493 and the eastern right-of-way line of County Line Road, also known as FM 1425, thereby establishing both municipal boundaries and ETJ boundaries, attached hereto as Exhibit 1 and incorporated into for all purposes to this Resolution. Section 2. The Mayor is hereby authorized to execute any and all legal documents necessary to fulfill the purpose and intent of this Resolution. Section 3. This Resolution shall become effective upon approval of the Settlement Agreement by approval by the governing bodies of the Cities of Edcouch, Elsa and La Villa. PASSED, APPROVED AND RESOLVED in Weslaco, Texas, this the 18th day of February 2014. /s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

L. Discussion and consideration to approve Resolution 2014-09 establishing the Extraterritorial Jurisdictional boundary with the City of Elsa, Texas and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning & Code Enforcement Department.) Attachment. The City Manager stated as discussed previously, the ETJ boundary is Mile 14 ½ North. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting. For the record, Resolution 2014-09 reads as follows:


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A RESOLUTION APPROVING THE SETTLEMENT AGREEMENT WITH THE CITY OF ELSA AS INTERVENOR IN CITY OF EDCOUCH V. CITY OF WESLACO IN CAUSE NUMBER CL-13-3663-F, ESTABLISHING THE EXTRATERRITORIAL JURISDICTIONAL (“ETJ”) BOUNDARY WITH THE CITY OF ELSA, TEXAS AND AUTHORIZE THE MAYOR TO EXECUTE ANY RELATED DOCUMENTS AND SETTING AN EFFECTIVE DATE

WHEREAS, City of Edcouch filed a Temporary Restraining Order, Permanent Injunction and Original Petition against the City of Weslaco on November 22, 2013 claiming that the City of Weslaco’s annexation would overlap into the City of Edcouch’s ETJ; and WHEREAS, the City of Elsa, Texas intervened in the lawsuit as Plaintiff because the City of Elsa also had concerns over potential conflicts in ETJ; and WHEREAS, in good faith the cities entered into negotiations in order to settle the suit and avoid costly litigation; and WHEREAS, the City of Weslaco agrees that its ETJ between it and the cities of Elsa, Edcouch and La Villa shall extend no further north than the north right-of-way line of Mile 14½ North Road between the western line of the right-of-way of FM 493 and the eastern right-of-way line of County Line Road, also known as FM 1425, and thereby establishing both municipal boundaries and ETJ boundaries; NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: Section 1. City of Weslaco and City of Elsa agree to resolve Cause No. CL-13-3663-F and enter into a Settlement Agreement where the City of Weslaco agrees that its ETJ between it and the cities of Elsa, Edcouch and La Villa shall extend no further north than the north right-of-way line of Mile 14½ North Road between the western line of the right-of-way of FM 493 and the eastern right-of-way line of County Line Road, also known as FM 1425, thereby establishing both municipal boundaries and ETJ boundaries, attached hereto as Exhibit 1 and incorporated into for all purposes to this Resolution. Section 2. The Mayor is hereby authorized to execute any and all legal documents necessary to fulfill the purpose and intent of this Resolution. Section 3. This Resolution shall become effective upon approval of the Settlement Agreement by approval by the governing bodies of the Cities of Edcouch, Elsa and La Villa. PASSED, APPROVED AND RESOLVED in Weslaco, Texas, this the 18th day of February 2014. /s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

M. Discussion and consideration to approve Resolution 2014-10 establishing the Extraterritorial Jurisdictional boundary with the City of La Villa, Texas and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning & Code Enforcement Department.) Attachment. The City Manager stated as discussed previously, the ETJ boundary is Mile 14 ½ North.


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Commissioner Pena, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting. For the record, Resolution 2014-10 reads as follows:


A RESOLUTION APPROVING THE SETTLEMENT AGREEMENT WITH THE CITY OF LA VILLA AS INTERVENOR IN CITY OF EDCOUCH V. CITY OF WESLACO IN CAUSE NUMBER CL-13-3663-F, ESTABLISHING THE EXTRATERRITORIAL JURISDICTIONAL (“ETJ”) BOUNDARY WITH THE CITY OF LA VILLA, TEXAS AND AUTHORIZE THE MAYOR TO EXECUTE ANY RELATED DOCUMENTS AND SETTING AN EFFECTIVE DATE

WHEREAS, City of Edcouch filed a Temporary Restraining Order, Permanent Injunction and Original Petition against the City of Weslaco on November 22, 2013 claiming that the City of Weslaco’s annexation would overlap into the City of Edcouch’s ETJ; and WHEREAS, the City of La Villa, Texas intervened in the lawsuit as Plaintiff because they also had concerns over potential conflicts in ETJ; and WHEREAS, in good faith the cities entered into negotiations in order to settle the suit and avoid costly litigation; and WHEREAS, the City of Weslaco agrees that its ETJ between it and the cities of Elsa, Edcouch and La Villa shall extend no further north than the north right-of-way line of Mile 14½ North Road between the western line of the right-of-way of FM 493 and the eastern right-of-way line of County Line Road, also known as FM 1425, and thereby establishing both municipal boundaries and ETJ boundaries; NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: Section 1. City of Weslaco and City of La Villa agree to resolve Cause No. CL-13-3663-F and enter into a Settlement Agreement where the City of Weslaco agrees that its ETJ between it and the cities of Elsa, Edcouch and La Villa shall extend no further north than the north right-of-way line of Mile 14½ North Road between the western line of the right-of-way of FM 493 and the eastern right-of-way line of County Line Road, also known as FM 1425, thereby establishing both municipal boundaries and ETJ boundaries, attached hereto as Exhibit 1 and incorporated into for all purposes to this Resolution. Section 2. The Mayor is hereby authorized to execute any and all legal documents necessary to fulfill the purpose and intent of this Resolution. Section 3. This Resolution shall become effective upon approval of the Settlement Agreement by approval by the governing bodies of the Cities of Edcouch, Elsa and La Villa. PASSED, APPROVED AND RESOLVED in Weslaco, Texas, this the 18th day of February 2014.

/s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

A. Pending Litigation - Discussion with assigned defense counsel Anthony B. James


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regarding a settlement offer in C-2201-11-I Pascual Hernandez and Maria Luisa Hernandez v. City of Weslaco as authorized by §551.071 of the Texas Government Code. There was no action on this item.

B. Pending Litigation - Consult with City Attorney regarding Cause No. C-081-13 B, Weslaco Health Facilities Development Corporation v. Knapp Medical Center, et.al. as authorized by §551.071 of the Texas Government Code. Commissioner Pena, seconded by Commissioner Fox, moved to replace Shelton Valadez with Mary Ibarra from Farrimond Castillo & Bresnahan, PC of San Antonio. The motion carried unanimously; Mayor Suarez was present but voting.

C. Pending Litigation – Discussion with Special Counsel and City Attorney regarding Sigler Winston Greenwood & Associates Inc. v. City of Weslaco, Cause No. C-3090-11-D pursuant to §551.071 of the Texas Government Code. Commissioner Pena, seconded by Commissioner Tafolla, moved to replace Shelton Valadez with Mary Ibarra from Farrimond Castillo & Bresnahan, PC to continue as Special Counsel. The motion carried unanimously; Mayor Suarez was present but not voting.

D. Pending Litigation – Consultation with Special Counsel regarding Cause No. Cl-13-3663-F City of Edcouch, Texas, et al, v. City of Weslaco, Texas in the County Court of Law #6, Hidalgo County pursuant to §551.071 of the Texas Government Code. Commissioner Fox, seconded by Commissioner Rivera, moved to approve the settlement agreement in Cause No. Cl-13-3663-F City of Edcouch, Texas, et al, v. City of Weslaco, Texas in the County Court of Law #6 as presented. The motion carried unanimously; Mayor Suarez was present but not voting.

E. Pending Litigation – Consultation with Special Counsel regarding Cause No. Cl-13-3660-G City of Progreso, Texas v. City of Weslaco, Texas in the County Court of Law #7, Hidalgo County pursuant to §551.071 of the Texas Government Code. Commissioner Fox, seconded by Commissioner Rivera, moved to approve the settlement agreement in Cause No. Cl-13-3660-G City of Progreso, Texas v. City of Weslaco, Texas in the County Court of Law #7 as presented. The motion carried unanimously; Mayor Suarez was present but not voting.

F. Personnel – Consult with City Attorney regarding Felix Sanchez as authorized by §551.074 of the Texas Government Code. Commissioner Pena, seconded by Commissioner Fox, moved to retain Cassandra Ortiz with Kassahn & Ortiz, P.C. The motion carried unanimously; Mayor Suarez was present, but not voting.

IX. ADJOURNMENT


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With no other business before the Commission, at 7:11 p.m. Commissioner Tafolla, seconded by Commissioner Rivera, moved to adjourn the February 18, 2014 regular meeting. The motion carried unanimously; Mayor Suarez was present, but not voting.

CITY OF WESLACO MAYOR, David Suarez ATTEST: CITY SECRETARY, Elizabeth M. Walker MAYOR PRO-TEM, J.F. “Johnny” Cuellar

COMMISSIONER, David R. Fox

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


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mvallejo

Typewritten Text

III. C.


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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and consideration to accept agreement to construct and transfer ownership of a traffic light to be built in Blue Wave Subdivision by developer B.P.M.P Texas Real Estate, LLC. Discussion: Developer shall, by means of its contractor, construct and install the Traffic Signal at the sole cost and expense of Developer in accordance with plans and specifications approved by the City’s Planning and Code Enforcement Department. Until such time as the Traffic Signal is transferred, the Traffic Signal shall operate as a blinking traffic signal owned and operated by Developer. Upon commencing of operations of new establishment, traffic lights will be synchronized by developer, at its expense, and transfer ownership of to City. Fiscal Note: Amount: $ n/a Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [X ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): None Responsibilities upon Approval: Staff will advise developer and issue Notice to Proceed on construction.



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City of Weslaco “The City on the Grow”

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

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

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

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

Fidel L. Peňa, III, Commissioner, District 6

Leonardo Olivares, City Manager

February 28, 2014 B.P.M.P Texas Real Estate, LLC 361 Third Street Suite A San Rafael, CA 94901 Attn: Bryan Hall BlueWave Development, LLC 361 Third Street Suite A San Rafael, CA 94901 Attn: Bryan Hall

Re: Acknowledgment of construction and transfer of ownership for proposed traffic signal to be located on Westgate Dr. between Pike Blvd and US 83 Expressway EB Frontage Rd., Weslaco, Hidalgo County, Texas.

Dear Mr. Hall: By means hereof the City of Weslaco (the “City”) acknowledges and agrees as follows with respect to the proposed traffic signal to be constructed on Westgate Dr. between Pike Blvd and US 83 Expressway EB Frontage Rd, Weslaco, Hidalgo County, Texas:

Subject to the terms and conditions of an Agreement to Construct and Transfer, to be entered into by and between the City and B.P.M.P Texas Real Estate, LLC (the “Developer”), (i) the Developer shall construct the traffic signal at its sole cost and expense, (ii) after construction is complete and certain conditions precedent occur, the Developer will transfer ownership of the traffic signal to the City, and (iii) the City shall accept ownership and shall assume all maintenance and other obligations with respect to the same.

Please contact our office if you require any additional information regarding this matter.

Sincerely, City of Weslaco

By: ___________________ Name: _________________ Title: __________________


March 4, 2014

“The City on the Grow”

Ec: VIA E-MAIL: [email protected] Daniel Cavazos Cacheaux, Cavazos & Newton, LLP 1401 N. Main St. McAllen, Texas 78501 VIA E-MAIL: [email protected] Marissa Sandoval Cacheaux, Cavazos & Newton, LLP 1401 N. Main St. McAllen, Texas 78501 M:\EB-5 Projects\Blue Wave Express - X769\Weslaco location - X769.004\Acknowledgment letter v2.docx


March 4, 2014

mailto:[email protected]


Agreement to Construct and Transfer Page 1 of 5

AGREEMENT TO CONSTRUCT AND TRANSFER

This Agreement is made and entered into this _______ day of ___________ 2014 (“Effective Date”), between City of Weslaco, 255 S. Kansas Ave., Weslaco, Texas 78596, hereinafter called "City", and B.P.M.P Texas Real Estate, LLC, with address at C/O Bay West Group, 2 Henry Adams Street, Suite 450, San Francisco, CA 94013, hereinafter called the "Developer" (jointly, the “Parties”). WHEREAS, the Developer is in the process of developing a four-lot commercial subdivision located at the southeast corner of Westgate Drive and U.S. Expressway 83 frontage road, located within the City of Weslaco, Hidalgo County, Texas (the “Property”); and WHEREAS, the City has reviewed and approved the plans and specifications prepared by Aldana Engineering & Traffic Design, LLC on April 30, 2013 for the construction of a proposed traffic signal to be located on Westgate Dr. between Pike Blvd and US 83 Expressway EB Frontage Rd, Weslaco, Hidalgo County, Texas at the south entrance of the Property to Westgate Drive (the “Traffic Signal”); NOW THEREFORE, in consideration of the mutual promises of the parties hereto, each to the others, and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:

1. Construction and Installation. Developer shall, by means of its contractor, construct and install the Traffic Signal at the sole cost and expense of Developer in accordance with the above-referenced plans and specifications approved by the City. Until such time as the Traffic Signal is transferred as provided hereinbelow, the Traffic Signal shall operate as a blinking traffic signal owned and operated by Developer.

2. Conditions Precedent to Transfer of Ownership. The following are conditions precedent to the transfer and conveyance of the Traffic Signal: (i) all costs of construction of the Traffic Signal shall have been paid for by the Developer; (ii) the construction and installation shall be in material compliance with the above-referenced approved plans and specifications; (iii) the Chick-Fil-A Restaurant facility that is being constructed on a portion of the Property shall be open for business; and (iv) the initial synchronizing of the Traffic Signal with those located at the intersections of (a) Westgate Dr. and US 83 Expressway EB Frontage Rd, Weslaco, Texas and (b) Westgate Dr. and Pike Blvd, Weslaco, Texas, shall be performed by Developer.

3. Transfer of Ownership. Upon completion of construction and the satisfaction of the

above-referenced conditions precedent, Developer shall transfer and convey ownership of the Traffic Signal to the City by means of a bill of sale in the form of Exhibit A. Upon the effective date of transfer, the City shall be the owner of the Traffic Signal and shall assume all ownership, maintenance, repair, and other obligations in accordance with all applicable laws, rules, regulations and ordinances with respect to such Traffic Signal. All synchronizing after the effective date of transfer will be the responsibility of the City.


March 4, 2014


4. Operation of Traffic Signal. Upon the transfer of the Traffic Signal, the City shall cause such to become a fully operational traffic signal and shall cause it to remain fully operational for so long as Chick-Fil-A is in operation on the Property.

IN WITNESS WHEREOF, the parties hereto have executed or caused their duly authorized

representatives to execute this Agreement as of the date first above written.

THE CITY: APPROVED AS TO FORM:

CITY OF WESLACO By:

Name: Ramon Vela

By: _________________________ Title: City Attorney

Name: David Suarez

Title: Mayor

ATTESTED:

By:

Name: Elizabeth M. Walker

Title: City Secretary

DEVELOPER:

B.P.M.P. REAL ESTATE TEXAS, LLC,

A Texas limited liability company

By: _________________________

Name: _________________________

Title: _________________________


March 4, 2014


Exhibit A

BILL OF SALE Date: __________________, 2014 Seller: B.P.M.P. REAL ESTATE TEXAS, LLC, a Texas limited liability company.

Seller’s Mailing Address: B.P.M.P. REAL ESTATE TEXAS, LLC

361 Third Street Suite A San Rafael, CA 94901 Attn: Bryan Hall

Buyer: City of Weslaco Buyer’s Mailing Address: City of Weslaco

255 S. Kansas Ave. Weslaco, Texas 78596

Consideration: The covenants and agreements of the Buyer set forth in that certain AGREEMENT TO CONSTRUCT AND TRANSFER by and between the Seller and Buyer dated ______________, 2014 (the “Agreement”) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Personal Property: The traffic signal located on Westgate Dr. between Pike Blvd and US 83 Expressway EB Frontage Rd, Weslaco, Hidalgo County, Texas. Seller is the lawful owner of all of the described Personal Property. Condition of Personal Property: By acceptance of this Bill of Sale, Buyer affirms that Buyer has inspected the Personal Property to its full satisfaction and has full knowledge of its condition as of the date hereof, and that the sale of the Personal Property constituting the Traffic Signal described in the Agreement is made AS IS, WHERE IS IN ITS PRESENT CONDITION, WITH ALL FAULTS AND WITHOUT WARRANTY, EXPRESS OR IMPLIED, OR BY OPERATION OF LAW AS TO THE CONDITION OF THE ASSETS. For value received, and pursuant to and subject to the terms and conditions as set out in the Agreement, Seller does hereby sell and transfer the Personal Property free and clear of all liens, security interests, liabilities or encumbrances, to Buyer, its successors and assigns, to HAVE AND TO HOLD, and binds Seller and Seller’s successors and assigns, to warrant and


March 4, 2014


defend the title to all of the Personal Property to Buyer, its successors and assigns, forever against every person lawfully claiming the described Personal Property or any part of it. When the context requires, singular nouns and pronouns include the plural. SELLER: B.P.M.P. REAL ESTATE TEXAS, LLC,

A Texas limited liability company

By: _________________________

Name: _________________________

Title: _________________________

ACCEPTED AND APPROVED this ___ day of ___________, 2014. THE CITY: APPROVED AS TO FORM:

CITY OF WESLACO By:

Name: Ramon Vela

By: _________________________ Title: City Attorney

Name: David Suarez

Title: Mayor

ATTESTED:

By:

Name: Elizabeth M. Walker

Title: City Secretary


March 4, 2014


STATE OF ____________ § COUNTY OF __________ § This instrument was acknowledged before me on the ____ day of _______, 2014 by __________, as ____________ of B.P.M.P. REAL ESTATE TEXAS, LLC, a Texas limited liability company, on behalf of such limited liability company . _________________________________ Notary Public, State of Texas Notary’s Printed Name:_______________________ Notary’s Commission Expires:__________________ STATE OF TEXAS § COUNTY OF HIDALGO § This instrument was acknowledged before me on the ____ day of ____________, 2014, by David Suarez, Mayor of the City of Weslaco, on behalf of such city. _________________________________ Notary Public, State of Texas Notary’s Printed Name:_______________________ Notary’s Commission Expires:__________________ PREPARED IN THE LAW OFFICE OF: Cacheaux, Cavazos & Newton L.L.P. 1401 N. Main Street McAllen, Texas 78501 M:\EB-5 Projects\Blue Wave Express - X769\Weslaco location - X769.004\Agreement to Construct and Transfer v4.docx


March 4, 2014

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Name of Applicant:

Telephone Number:

E-Mail Address:

Alternate Phone Number (work/cell):

Home Address:

[ ] Inside City Limits [ ] Outside City Limits

City:

State:

Zip Code:

How many years have you lived at this residence?

Do you own this house? [ ] Yes or [ ] No

Preference for consideration, naming committees on which you desire to serve: 1.) 2.) 3.) List of Civic Involvement and Business Experience: Have you been bonded or eligible to obtain one? [ ] Yes or [ ] No

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

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If so, who and how?

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

If so, which and when?

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

If so, which and when?

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

Are you age 25 or older? [ ] Yes or [ ] No

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Timestamp of Receipt:

Applicant’s Signature:

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

Application for Service

City of Weslaco Boards and Committees


March 4, 2014


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March 4, 2014









A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE AMBULANCE ADVISORY BOARD.

WHEREAS, the City of Weslaco has established the Ambulance Advisory Board pursuant to Section 14-1(A) of Ordinance No. 78-39; and WHEREAS, the terms of the members of this board are for two years; and WHEREAS, the Ambulance Advisory Board members shall serve without compensation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _____________________________________ is appointed to serve a two year term on the Ambulance Advisory Board and the term will begin on_____________, 2014 and expire on _____________, 20___. PASSED AND APPROVED on this 4th day of March 2014.

CITY OF WESLACO

David Suarez, MAYOR

ATTEST:

Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

Ramon Vela, CITY ATTORNEY


March 4, 2014

ORDINANCE AUTHORIZING THE ISSUANCE OF “CITY OF WESLACO, TEXAS TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2014”; ENTERING INTO A BOND PURCHASE AGREEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT; AND OTHER MATTERS RELATED THERETO

WHEREAS, the City Commission of the City of Weslaco (the “Issuer” or the “City”) deems it advisable to issue Certificates of Obligation hereinafter described (the “Certificates”) for the purposes specified in Section 1 hereof;

WHEREAS, the Certificates hereinafter authorized and designated are to be issued and delivered for cash pursuant to the Certificate of Obligation Act of 1971, Section 271.041 et seq, Texas Local Government Code, as amended (the “Act”);

WHEREAS, notice of intention to issue the Certificates has been duly published in The Monitor, which is a newspaper of general circulation in the City, in its issues of January 25, 2014 and February 1, 2014, the date of the first publication being at least 30 days prior to the tentative date stated in the notice for passage of this Ordinance, such action being hereby ratified and approved;

WHEREAS, the City has received no petition from the qualified electors of the City protesting the issuance of the certificates; and

WHEREAS, the City Commission of City of Weslaco, Texas (the “Issuer” or the “City”) desires to issue Certificates under the Act, the proceeds of which are to be used for the purposes described below;

WHEREAS, it is considered to be in the best interest of the City that the Certificates be issued and the terms hereafter provided are the most reasonable available and are hereby determined by the City Commission to be in the best interest of the City.

NOW, THEREFORE, IT IS ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT:

Section 1. Authorization of the Certificates. There is hereby authorized to be issued and delivered, a series of certificates of the City to be known as “CITY OF WESLACO, TEXAS TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2014” (the “Certificates”) in the original aggregate principal amount of $________, payable from and secured by a subordinated lien on the Net Revenues as specified in Section 12 and further payable from the proceeds of an ad valorem tax levied upon all taxable property within the City, within the limitation prescribed by law, for the purpose of providing for the payment of contractual obligations to be incurred in connection with the design, planning, acquisition, construction, equipping, expansion, repair, renovation, and/or rehabilitation of certain City-owned public property, specifically being: (1) improvements to the waterworks and sewer system including water and sewer pump stations, filtration systems, clearwells, and sewer elevated storage tanks, transmission lines, and system plant modifications, and (2) payment of contractual obligations for professional services in connection therewith (to wit: architectural, engineering, financial advisory, and legal).

Section 2. Designation, Date, Denominations, Numbers, and Maturities of the Certificates. The Certificates shall be dated as of March 1, 2014 shall be in denominations of $5,000 each or any integral multiple thereof, shall be numbered I-1 for the Initial Certificate and consecutively from R-1 upward for the definitive certificates and shall mature on August 15 in each of the years as provided below unless theretofore called for redemption prior to maturity in accordance with the provisions of the Form of the Certificates contained in Section 6 hereof, and the Certificates shall bear interest at the rates


March 4, 2014

mvallejo

Typewritten Text

Ordinance 2014-01

-2-

per annum shown below from the initial date of delivery and payable on February 15, 2015 and on each August 15 and February 15 thereafter through the respective maturity date or earlier redemption, to wit:

Years of Stated

Maturity (August 15)

Principal Installment

Interest Rate

Years of Stated

Maturity (August 15)

Principal Installment

Interest Rate

Section 3. Paying Agent/Registrar. The principal of and interest on the Certificates, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of and interest on the Certificates shall be without exchange or collection charges to the Owner (as hereinafter defined) of the Certificates.

The selection and appointment of U.S. Bank, National Association, Houston, Texas, to serve as the initial Paying Agent/Registrar for the Certificates is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the “Register”) for the registration, payment and transfer of the Certificates, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and City may prescribe. The Paying Agent/Registrar has agreed to keep a copy of the Register at its offices, or its agent’s offices, located in Houston, Texas. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Certificates are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar.

The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Owner of the Certificates by United States mail, first-class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar.

Both principal of and interest on the Certificates, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Certificates appearing on the Register (the “Owner” or “Owners”) maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date (hereinafter defined) for purposes of payment of interest thereon, and (ii) on the date of surrender of the Certificates for purposes of receiving payment of principal thereof upon redemption of the Certificates or at the Certificates’ Stated Maturity. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Owner as the owner of a Certificate for


March 4, 2014

-3-

purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary.

Principal of the Certificates shall be payable only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its corporate trust office. Interest on the Certificates shall be paid to the Owner whose name appears in the Register at the close of business on the last business day of the month next preceding an Interest Payment Date for the Certificates (the “Record Date”) and shall be paid (i) by check sent by United States mail, first-class postage prepaid, by the Paying Agent/Registrar, to the address of the Owner appearing in the Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Owner at the Owner’s risk and expense.

If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Certificates was due.

In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a “Special Record Date”) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Owner appearing on the Register at the close of business on the last business day next preceding the date of mailing of such notice.

Section 4. Right of Prior Redemption. (a) Optional Redemption. The City reserves the right to redeem the Certificates maturing on or after August 15, 20__, in whole or in part in principal amount of $5,000 or an integral multiple thereof, on August 15, 20__, or any date thereafter, at the redemption price of par plus interest accrued to the specific date of redemption, and shall direct the Paying Agent/Registrar to call by lot Certificates, or portions thereof, within such maturity or maturities and in such principal amounts, for redemption.

(b) Notice of Redemption. Notice of any redemption shall be given as provided in the FORM OF CERTIFICATES included in Section 6 hereof. If such notice of redemption is given, and if due provision for such payment is made, the Certificates, or the portions thereof which are to be so redeemed, thereby automatically shall be redeemed prior to their scheduled maturities, and shall not bear interest after the date fixed for their redemption, and shall not be regarded as being outstanding except for the right of the Owner to receive the redemption price plus accrued interest to the date fixed for redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Register all such redemptions of principal of the Certificates or any portion thereof. By the date fixed for any such redemption due provision shall be made by the City with the Paying Agent/Registrar for the payment of the required redemption price for the Certificates, or the portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such notice of redemption is given and if due provision for such payment is made, all as provided above, the Certificates, or the portions thereof which are to be so redeemed, thereby automatically shall be redeemed prior to their scheduled maturities and shall not bear interest after the date fixed for their redemption and shall not be regarded as being outstanding except for the right of the Owner to receive the redemption price plus accrued interest to the date fixed for redemption from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any Certificate shall be redeemed, a substitute Certificate or Certificates having the same maturity date, bearing interest at the


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same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the Owner, and in an aggregate principal amount equal to the unredeemed portion thereof, will be issued to the Owner upon the surrender thereof for cancellation, at the expense of the City all as provided in this Ordinance.

Section 5. Initial Certificate; Exchange or Transfer of Certificate. Initially, one Certificate (the “Initial Certificate”) numbered I-1 and being in the principal amount of the Certificate shall be registered in the name of the Initial Purchaser and shall be executed and submitted to the Attorney General of Texas for approval, and thereupon certified by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent, by manual signature, and the Initial Certificate shall be effective and valid without the Authentication Certificate being signed by the Paying Agent/Registrar. At any time thereafter, the Owner may deliver the Initial Certificate to the Paying Agent/Registrar for exchange, accompanied by instructions from the Owner or designee designating the persons, maturities, and principal amounts to and in which the Initial Certificate is to be transferred and the addresses of such persons, and the Paying Agent/Registrar shall thereupon, within not more than three days, register and deliver such Certificates upon authorization of the City as provided in such instructions.

Each Certificate shall be transferable only upon the presentation and surrender thereof at the designated payment office of the Paying Agent/Registrar, duly endorsed for transfer, or accompanied by an assignment duly executed by the Owner or his authorized representative in form satisfactory to the Paying Agent/Registrar. Upon presentation of any Certificate for transfer, the Paying Agent/Registrar shall authenticate and deliver in exchange therefore, to the extent possible and under reasonable circumstances within three business days after such presentation, a new Certificate or Certificates, registered in the name of the transferee or transferees, in authorized denominations and of the same maturity and aggregate principal amount and bearing interest at the same rate as the Certificate or Certificates so presented.

All Certificates shall be exchangeable upon presentation and surrender thereof at the designated payment office of the Paying Agent/Registrar for a Certificate or Certificates of the same maturity and interest rate and in any authorized denomination, in an aggregate principal amount equal to the unpaid principal amount of the Certificate or Certificates presented for exchange. The Paying Agent/Registrar shall be and is hereby authorized to authenticate and deliver exchange Certificates in accordance with this Ordinance and each Certificate so delivered shall be entitled to the benefits and security of this Ordinance to the same extent as the Certificate or Certificates in lieu of which such Certificate is delivered.

The City or the Paying Agent/Registrar may require the Owner of any Certificate to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with the transfer or exchange of such Certificate. Any fee or charge of the Paying Agent/Registrar for such transfer or exchange shall be paid by the City.

Section 6. General Characteristics and Form of the Certificates. The Certificates shall be issued, shall be payable, may be redeemable prior to their scheduled maturities, shall have the characteristics, and shall be signed and executed (and the Certificates shall be sealed) all as provided and in the manner indicated in the form set forth below. The Form of the Certificates, the form of Statement of Insurance, the Form of the Registration of the Comptroller of Public Accounts of the State of Texas to be printed and manually endorsed on each of the Initial Certificate, the Form of the Authentication, and the Form of Assignment, which shall be, respectively, substantially as follows, with necessary and appropriate variations, omissions, and insertions as permitted or required by this Ordinance, and the definitions contained within each such form shall apply solely to such form:


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FORM OF DEFINITIVE CERTIFICATE R-_____ $___________ REGISTERED REGISTERED

United States of America State of Texas

CITY OF WESLACO, TEXAS TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2014

DATED DATE: INTEREST

RATE: MATURITY

DATE: DELIVERY

DATE: CUSIP

NUMBER March 1, 2014 % April 1, 2014

REGISTERED OWNER: SAMCO CAPITAL MARKETS, INC.

PRINCIPAL AMOUNT: _______________________________________ DOLLARS ($____________)

THE CITY OF WESLACO, TEXAS (the “City”), a body corporate and municipal corporation located in the County of Hidalgo, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof (the “Owner”), on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Delivery Date specified above, or from the most recent interest payment date to which interest has been paid or duly provided for until such principal sum has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 of each year commencing February 15, 2015.

PRINCIPAL OF THIS CERTIFICATE shall be payable to the Registered Owner hereof (the “Owner”), upon presentation and surrender, at the corporate trust office of U.S. Bank, National Association, Houston, Texas (the “Paying Agent/Registrar”) executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Owner of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the last business day of the month next preceding each interest payment date. All payments of principal of and interest on this Certificate shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on the appropriate date of payment by United States mail, first-class postage prepaid, to the Owner hereof at the address appearing in the Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Owner hereof at the Owner’s risk and expense.

THIS CERTIFICATE is one of the series specified in its title issued in the aggregate principal amount of $_____ (the “Certificates”) pursuant to an Ordinance adopted by the governing body of the City (the “Ordinance”), for the purpose of providing for the payment of contractual obligations to be incurred in connection with the design, planning, acquisition, construction, equipping, expansion, repair, renovation, and/or rehabilitation of certain City-owned public property, specifically being: (1) improvements to the waterworks and sewer system including water and sewer pump stations, filtration systems, clearwells, and sewer elevated storage tanks, transmission lines, and system plant modifications,


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and (2) payment of contractual obligations for professional services in connection therewith (to wit: architectural, engineering, financial advisory, and legal).

THE CERTIFICATES of this series scheduled to mature on and after August 15, 20__ may be redeemed prior to their scheduled maturities, in whole or part, in principal amounts of $5,000 or any integral multiple thereof, at the option of the City, on August 15, 20__, or on any date thereafter, at the redemption price of par plus accrued interest to the date fixed for redemption.

NOTICE OF REDEMPTION shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, at least 30 days prior to the date fixed for any such redemption, to the Owner of each Certificate, or portion thereof to be redeemed, at its address as it appeared on the Registration Books on the 45th day prior to such redemption date; provided, however, that the failure to send, mail, or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Certificate. By the date fixed for any such redemption, due provision shall be made by the City with the Paying Agent/Registrar for the payment of the required redemption price for this Certificate or the portion hereof which is to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such notice of redemption is given, and if due provision for such payment is made, all as provided above, this Certificate, or the portion thereof which is to be so redeemed, thereby automatically shall be redeemed prior to its scheduled maturity, and shall not bear interest after the date fixed for its redemption, and shall not be regarded as being outstanding except for the right of the Owner to receive the redemption price plus accrued interest to the date fixed for redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/ Registrar shall record in the Registration Books all such redemptions of principal of this Certificate or any portion hereof. If a portion of any Certificate shall be redeemed, a substitute Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the Owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the Owner upon the surrender thereof for cancellation, at the expense of the City, all as provided in the Ordinance.

THE CERTIFICATES OF THIS SERIES are payable from the proceeds of an ad valorem tax levied upon all taxable property within the City, within the limitations prescribed by law, and are further payable from and secured by a lien on and pledge of the Pledged Revenues, being the Net Revenues derived from the operation of the City’s waterworks sewer system (the “System”), such lien on and pledge of the Net Revenues being subordinate and inferior to the lien on and pledge of such Net Revenues securing payment of any Prior Lien Obligations issued by the City. The City previously authorized the issuance of the currently outstanding Prior Lien Obligations, Subordinate Lien Obligations, and Limited Pledge Obligations (which are payable, in part, from and secured by a lien on and pledge of a limited amount of the Net Revenues) in the manner provided in the ordinances authorizing the issuance of the currently outstanding Prior Lien Obligations, Subordinate Lien Obligations, and the Limited Pledge Obligations. In the Ordinance, the City reserves and retains the right to issue Additional Prior Lien Obligations, Additional Subordinate Lien Obligations, and Additional Limited Pledge Obligations, while the Certificates are Outstanding, without limitation as to principal amount but subject to any terms, conditions, or restrictions as may be applicable thereto under law or otherwise. Capitalized terms used herein have the same meanings assigned in the Ordinance.

REFERENCE IS HEREBY MADE to the Ordinance, copies of which are on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Owner by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied and the revenues pledged for the payment of the Certificates; the terms and conditions under which the City may issue additional Prior Lien Obligations, Additional Subordinate Lien Obligations, and Additional Limited Pledge Obligations; the terms and conditions relating to the transfer


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or exchange of the Certificates; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Owner; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Certificate may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance.

THIS CERTIFICATE, subject to certain limitations contained in the Ordinance, may be transferred at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Owner hereof, or his duly authorized agent, and thereupon one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees.

THE CITY AND THE PAYING AGENT/REGISTRAR, and any agent of either, shall treat the Owner hereof whose name appears on the Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Certificate as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a “Special Record Date”) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the “Special Payment Date” - which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Owner appearing on the Register at the close of business on the last business day next preceding the date of mailing of such notice.

IT IS HEREBY CERTIFIED, COVENANTED, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Certificate in order to render the same a legal, valid, and binding obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by law, and that issuance of the Certificates does not exceed any constitutional or statutory limitation. In case any provision in this Certificate or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas.


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IN WITNESS WHEREOF, this Certificate has been signed with the manual or facsimile signature of the Mayor of the City and countersigned with the manual or facsimile signature of the City Secretary of the City, and the official seal of the City has been duly impressed, or placed in facsimile, on this Certificate.

CITY OF WESLACO, TEXAS

________________________________ ______________________________ City Secretary Mayor

(CITY SEAL)

FORM OF STATEMENT OF INSURANCE

[________________________], has delivered its municipal bond insurance policy (the “Policy”) with respect to the scheduled payments due of principal and interest on this Certificate to U.S. Bank, National Association, Houston, Texas, or its successor, as paying agent for the Certificate (the “Paying Agent”). Said Policy is on file and available for inspection at the principal office of the Paying Agent and a copy thereof may be obtained from [__________] or the Paying Agent. All payments required to be made under the Policy shall be made in accordance with the provisions thereof. The owner of this Certificate acknowledges and consents to the subrogation rights of [__________] as more fully set forth in the Policy.

* * *

FORM OF REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS* *Attach to or print on Initial Certificate only

COMPTROLLER’S REGISTRATION CERTIFICATE: REGISTER NO. ________________________

I HEREBY CERTIFY THAT there is on file and of record in my office a certificate to the effect that the Attorney General of the State of Texas has examined and finds that this Certificate has been issued in conformity with the Constitution and laws of the State of Texas and is a valid and binding obligation of the City of Weslaco, Texas, and further that this Certificate has been registered this day by me.

WITNESS my signature and seal of office this _______________________________.

(COMPTROLLER’S SEAL) Comptroller of Public Accounts of the State of Texas

* * *


March 4, 2014


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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and consideration to solicit Request for Qualifications (RFQ) for professional services for city’s Comprehensive and Parks Plan. Discussion: RFQs for professional services are needed for city commission approved (February 4, 2014) Comprehensive and Parks Plan from the Certificates of Obligation 2013. Plan will identify city’s vision, land use, annexation, transportation, neighborhoods and housing, community facilities, historic preservation, parks and recreation, urban design and implementation of plan. Fiscal Note: Amount: $ 200,000 Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [X ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): None Responsibilities upon Approval: Staff will post and follow procurement procedures.



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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and consideration to solicit Request for Qualifications (RFQ) for professional services for city’s Master Drainage Plan. Discussion: RFQs for professional services are needed for city commission approved (February 4, 2014) Master Drainage Plan from the Certificates of Obligation 2013. Plan will identify city’s drainage infrastructure, flood zones, development procedures/future drainage demands, improvement areas, working tools of the plan and a capital improvement/implementation plan. Fiscal Note: Amount: $ 500,000 Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [X ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): None Responsibilities upon Approval: Staff will post and follow procurement procedures.



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

From : Arnoldo Becho, Library Director, Mayor Joe V. Sanchez Public Library Subject: The Mayor Joe V. Sánchez Public Library would like to gain authorization to accept the most advantageous and lowest bidder, Smartcom as the vendor for internet access services, and authorize the Mayor to execute a contract with the selected vendor. Discussion: Discussion and consideration to approve SmartCom as the best qualified, most advantageous bidder for internet services within the 2014 Schools and Libraries Program of the Universal Service Fund E-Rate, which makes discounts available to eligible libraries for telecommunication services, internet access, and internal connections and authorize the Mayor to execute the E-Rate proposal acceptance and agreement. Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: The Library recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): ERate Overview and all proposals provided by vendors for internet access before the designated deadline. Responsibilities upon Approval: The library and the City Secretary’s office will assist the Mayor in executing the contract. The contract will then be implemented by the Library and the IT department.



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E-RATE DISCOUNTS FOR SCHOOLS AND LIBRARIES

The E-Rate Program - or, more precisely, the Schools and Libraries Universal Service Support Mechanism - provides discounts to assist most schools and libraries in the United States to obtain affordable telecommunications and Internet access. Four service categories are funded: Telecommunications Services, Internet Access, Internal Connections Other Than Basic Maintenance, and Basic Maintenance of Internal Connections. Discounts range from 20% to 90% of the costs of eligible services, depending on the level of poverty and the urban/rural status of the population served. Eligible schools, school districts and libraries may apply individually or as part of a consortium. The E-Rate Program supports connectivity - the conduit or pipeline for communications using telecommunications services and/or the Internet. The school or library is responsible for providing additional resources such as the end-user equipment (computers, telephones, and the like), software, professional development, and the other elements that are necessary to realize the objectives of that connectivity. The E-Rate Program is one of four support mechanisms funded through a Universal Service fee charged to companies that provide interstate and/or international telecommunications services. The Universal Service Administrative Company (USAC) administers the Universal Service Fund at the direction of the Federal Communications Commission (FCC); USAC’s Schools and Libraries Division (SLD) administers the E-Rate Program. This document summarizes the process schools and libraries follow to apply for and receive E-Rate Program discounts. Each of the steps in this process - preparing a technology plan, opening the competitive process (Form 470), seeking discounts on eligible services (Form 471), confirming the receipt of services (Form 486), and invoicing for services (Forms 472 and 474) - is covered in more detail below. However, this document is not intended to be a substitute for form instructions or the guidance materials posted on the SLD section of the USAC website. The Technology Plan Shows How Technology Will Improve Education or Library Services

The first step for many schools, school districts, and libraries that intend to apply for E-Rate Program discounts is to prepare a technology plan. This plan sets out how technology will be used to achieve specific curriculum reforms or library service improvements. It guides planning and investment - both for E-Rate funds and for the other resources needed to take advantage of technology. A technology plan designed to improve education or library services must contain the following components:

• Clear goals and a realistic strategy for using telecommunications and information technology

• A professional development strategy to ensure that staff know how to use these new technologies

• An assessment of the telecommunication services, hardware, software, and other services needed

• An evaluation process that enables the school or library to monitor progress toward the specified goals.

Before discounted services begin, a SLD-certified technology plan approver must approve their technology plans. Applicants can locate SLD-certified approvers by


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using a search tool available on the website. However, applicants who seek discounts only for Telecommunications Services and/or Internet Access need not prepare technology plans. The FCC Form 470 Opens a Competitive Process for the Services Desired

After the technology plan has been developed and the applicant has identified the products and services needed to implement the plan, the applicant submits to the SLD a Form 470, Description of Services Requested and Certification Form, either online or on paper. The SLD posts completed forms on the website to notify service providers that the applicant is seeking the products and services identified. Applicants must wait at least 28 days after the Form 470 is posted to the website and, if applicable, at least 28 days after a Request for Proposal (RFP) is publicly available and consider all bids received before selecting the service provider to provide the services desired. In addition, applicants must comply with all applicable state and local procurement rules and regulations and competitive bidding requirements. A complete description of the requirements associated with the Form 470 can be found in the Form 470 Instructions. • An applicant cannot seek discounts for services in a category of service on the

Form 471 if those services in those categories were not indicated on a Form 470.

• The Form 470 MUST be completed by the entity that will negotiate with potential service providers.

• The Form 470 cannot be completed by a service provider who will participate in the competitive process as a bidder. If a service provider is involved in preparing the Form 470 and that service provider appears on the associated Form 471, this will taint the competitive process and lead to denial of funding requests.

• The Form 470 applicant is responsible for ensuring an open, fair competitive process and selecting the most cost-effective provider of the desired services.

• The applicant should carefully consider whether to receive discounts on bills or reimbursements for services paid in full.

• The applicant must save all competing bids for services to be able to demonstrate that the bid chosen is the most cost-effective, with price being the primary consideration. As with all documents that may be requested as part of an audit or other inquiry, such bids should be saved for at least five years after the last date of service delivered.

Note that once an applicant has signed a multi-year contract in a prior funding year pursuant to a posted Form 470, it need not submit a new Form 470 to be eligible to apply for discounts on the services provided under that multi-year contract for future funding years. After the SLD has successfully posted a Form 470 to the website, the SLD sends the applicant a Form 470 Receipt Notification Letter that provides important information, including the “Allowable Vendor Selection/Contract Date,” the earliest date the applicant can select a service provider, execute a contract, and submit a complete Form 471. The FCC Form 471 Seeks Funding for Eligible Services Competitively Bid

Having selected the service provider, the applicant is ready to complete the Form 471, Services Ordered and Certification Form - the actual request for funding. Because the amount of funding available each year is capped at $2.25 billion (indexed for inflation) and demand in most years has significantly exceeded funds available, FCC rules prescribe a filing window during which all Forms 471 that are filed are treated as if simultaneously received. (Applications that are not filed


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within that timeframe likely will not receive funding.) Once the filing window opens, the applicant can submit the Form 471 either online or on paper. The Form 471 is used to calculate the discount percentage to which the applicant is entitled. In general, the E-Rate Program discount is based on the percent of the local school district population eligible for the National School Lunch Program. The Form 471 also lists the individual funding requests, which must be separated by service category and service provider. • ALL window filing requirements – as stated in the Form 471 Instructions – MUST

be met in order for an application to be considered with all others received in that timeframe.

• Schools and libraries are required to pay the non-discount portion of the services for which they receive discounts.

• Funding requests should be limited to the cost of eligible services to be delivered to eligible entities for eligible purposes. If 30% or more of the services in a request are ineligible, the entire request will be denied.

• There are a number of important certifications on the Form 471. Applicants should be sure they can truthfully and correctly make these certifications. The SLD checks the accuracy of the certifications made by applicants and denies funding if one or more of the certifications are found to be untrue. False statements on the Form 471 (and other FCC forms) can result in civil and/or criminal liability.

• The Form 471 cannot be processed without the required attachment(s), which must contain detailed information about the products and services ordered so that the SLD can verify eligibility.

• The Form 471 Receipt Acknowledgment Letter provides important information to the applicant and the service provider, including a summary of the data from the Form 471.

The Funding Commitment Decision Letter Contains SLD Decisions on Funding Requests

Once the Form 471 has been reviewed, the SLD issues one or more Funding Commitment Decision Letters (FCDLs) to both the applicant and the service provider, setting out its decisions for each funding request. If an applicant believes any of its funding requests have been incorrectly reduced or denied, the applicant can appeal the decision(s), either to the SLD or to the FCC. Appeals must be RECEIVED OR POSTMARKED no later than 60 days after the date of the SLD decision letter. The FCC Form 486 Tells SLD that Delivery of Services Has Begun

In order to help the SLD ensure that it pays service providers only for services that have actually been delivered, the applicant submits the Form 486, Receipt of Service Confirmation Form, listing each separate funded request for which the delivery of services has begun. However, applicants who have confirmed that delivery of services will begin in July of the Funding Year may be able to file the Form 486 early (on or before July 31 of the Funding Year). The Form 486 also tells the SLD that the applicant’s technology plan – if required – has been approved, and informs the SLD of the applicant’s status of compliance with the Children’s Internet Protection Act (CIPA). Funding may be reduced if the Form 486 is received or postmarked after the deadline listed later in this document. The Invoice (FCC Form 472 or FCC Form 474) Tells SLD to Pay the Service Provider

The SLD must receive an invoice in order to pay the discount amount on services for which funds have been committed. If applicants receive discounts on their bills from service providers, the service providers must submit the Form 474, Service Provider Invoice Form, to receive payment for the discounts they have provided. If applicants wish to request reimbursement for services for which they have already paid in full, they must submit the Form 472, Billed Entity Applicant Reimbursement Form. The SLD bases the billing mode for each funding request – discounting or


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reimbursement – on the first type of invoice it processes for payment. Note that payment will not be made on a Form 472 or a Form 474 received or postmarked after the deadline listed later in this document. Receipt of discounts or reimbursements completes the E-Rate process. Retention of Records and Audits

Applicants MUST maintain their records for at least five years after the last date of service delivered to be able to comply with audits and other inquiries or investigations. USAC and the FCC visit a sample of applicants to ensure services have been delivered in compliance with FCC rules. How to Get More Information

All of the concepts covered in this overview are discussed in more detail on the website at www.usac.org/sl. Specific information on completing the individual forms can be obtained by downloading the forms and instructions from the website. In addition, the Reference Area of the website contains information on deadlines, sample letters, frequently asked questions, and other useful documents. The SLD Client Service Bureau is also available to answer questions by telephone, fax or e-mail during normal business hours:

Telephone: 1-888-203-8100 Fax: 1-888-276-8736 E-mail: Use the “Submit a Question” link on the SLD website

E-Rate Program Timetable and List of Deadlines

Form or Event Deadline or Dates

Funding Year July 1 through the following June 30 (non-recurring services through the following September 30)

Form 470

Posted at least 28 days before the filing of the Form 471, keeping in mind (1) the timeframe for compliance with all competitive bidding requirements and (2) the Form 471 application filing window opening and closing dates

Form 471 window

Early November to early February preceding the start of the Funding Year (exact dates for each funding year will be posted on the website)

Form 471 Received or postmarked no later than 11:59 PM EST on the day of the close of the Form 471 application filing window (exact date will be posted on the website)

Form 486 Received or postmarked no later than 120 days after the date of the Funding Commitment Decision Letter or 120 days after the Service Start Date, whichever is later

Form 472 / Form 474

Received or postmarked no later than 120 days after the date of the Form 486 Notification Letter or 120 days after the last date to receive service, whichever is later

Appeals Received no later than 60 days after the date of the SLD decision letter


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March 4, 2014


March 4, 2014


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

From : Arnoldo Becho, Library Director, Mayor Joe V. Sanchez Public Library Subject: The Mayor Joe V. Sánchez Public Library would like to gain authorization to accept the most advantageous and lowest bidder, Insight as the vendor for basic network maintenance of internal connections and other computer services submitted in response to their Request for Proposal within the ERate Year 16 cycle, and authorize the Mayor to execute a contract with the selected vendor. Discussion: Discussion and consideration to approve Insight Public Sector, Inc. as the best qualified, most advantageous bidder for basic maintenance of internal computing connections within the 2014 Schools and Libraries Program of the Universal Service Fund (ERate), which makes discounts available to eligible libraries for telecommunication services, internet access, and internal connections and authorize the Mayor to execute the contract acceptance. Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: The Library recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): ERate Overview, associated contract and background information. Responsibilities upon Approval: The library and the City Secretary’s office will assist the Mayor in executing the contract. The contract will then be implemented by the Library and the IT department.



March 4, 2014


March 4, 2014


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

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Authorize Purchase of VAC-CON Sewer Cleaning Equipment Discussion: Discussion and consideration to authorize staff to purchase hose reel assembly for 1999 VAC-CON unit for a cost not to exceed $17,501.99 and/or purchase new 2014 VAC-CON vacuum truck from CLS Sewer Equipment Co.,Inc. a State Vendor on the Buyboard for an amount not to exceed $329,965.75 and authorize the Mayor to execute all related documents and budget amendments as appropriate. Fiscal Note: Amount: $347,467.74 Term of Impact: Identified in Current Budget: Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/a Advisory Review, if any (name of board/committee, date of action, recommendation): N/a Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): -Estimate for Complete Hose Reel Replacement -Estimate for VAC-CON Vacuum Truck Responsibilities upon Approval: Upon approval, City Secretary’s office will forward a copy to the Public Utilities Department.



March 4, 2014


March 4, 2014


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

From (name, title, department and who submitting on behalf of, if any): Oscar Garcia, Public Facilities Director Subject: Transfer personnel Discussion: Discussion and consideration to authorize the transfer personnel- five (5) from the Public Facilities Department to the Parks Department and authorize a budget amendment as appropriate. Fiscal Note: Amount: $

Term of Impact: [ 1 ] year(s) Identified in Current Budget: Y

Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [X] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Internal memo indicating positions being created, three (3) Budget Amendments Responsibilities upon Approval: Upon approval, city secretary’s office will convey executed documents and forward a copy to the Public Facilities department.



March 4, 2014


March 4, 2014

mvallejo

Typewritten Text

V. H.


March 4, 2014

of 2

STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § § § §

AGREEMENT TO PROVIDE SUPPORT PERSONNEL SERVICES BETWEEN THE CITY OF WESLACO AND THE ECONOMIC DEVELOPMENT CORPORATION OF WESLACO

This Agreement To Provide Support Personnel Services (hereinafter referred to as “this Agreement”) is made and entered into as of the date last set forth below by and between the City of Weslaco, Texas, home-ruled Texas Municipal Corporation (hereinafter referred to as "City"), and The Economic Development Corporation of Weslaco, an independent Texas non-profit corporation formed pursuant to and operating under Chapter 500-505 of the Texas Local Government Code (hereinafter referred to as “EDCW”).

RECITALS

Whereas, The EDCW recently has had several employees resign, including its Executive Director; and Whereas, the City of Weslaco has provided and will continue to provide personnel support services on an as needed basis; and Whereas, the City and The EDCW have determined that it would be in the best interest of the City and The EDCW that an agreement be executed for those support services in order to insure that The EDCW services and projects not be jeopardized for lack of support personnel. NOW THEREFORE, for good and valuable consideration it is agreed by and between the City and The EDCW as follows, to-wit:

DESCRIPTION OF SUPPORT SERVICES

The City will provide the assistance of the following City Personnel:

1. The City Manager to perform the duties of Interim Executive Director of The EDCW; 2. The City Attorney to perform the duties of Interim General Counsel of The EDCW; 3. The City Secretary will provide assistance in preparing and posting agendas, preparing

minutes of meetings and compliance with open records request;

TERM

The personnel support services agreement is effective October 1, 2013 and will be for 30 days from the day this agreement is executed.


March 4, 2014

of 2

CONSIDERATION

The EDCW will pay the City for the support personnel services on a monthly basis due and payable on the 1st of each calendar month as per the attached fee schedule (Exhibit “A”). Executed this _____ day of January, 2014. CITY OF WESLACO __________________________________ David Suarez, MAYOR ATTEST: ___________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ Ramon Vela, CITY ATTORNEY

THE ECONOMIC DEVELOPMENT CORPORATION OF WESLACO ___________________________________ Rob Peterson, PRESIDENT

ATTEST: ___________________________________ Adrian Farias, SECRETARY


March 4, 2014

February 21, 2014

City of Weslaco 255 S. Kansas Ave. Weslaco, TX 78596 Attention: Mr. Leonardo Olivares, City Manager Re: City of Weslaco, Texas, Outstanding General Obligation Bonds, Various Series Dear Mr. Olivares: Standard & Poor's Ratings Services ("Ratings Services") has reviewed the rating on the above-listed obligations. Based on our review, we have raised the underlying rating (SPUR) from "A-" to "A+" while affirming the stable outlook. A copy of the rationale supporting the rating and outlook is enclosed. This letter constitutes Ratings Services’ permission for you to disseminate the above rating to interested parties in accordance with applicable laws and regulations. However, permission for such dissemination (other than to professional advisors bound by appropriate confidentiality arrangements) will become effective only after we have released the rating on standardandpoors.com. Any dissemination on any Website by you or your agents shall include the full analysis for the rating, including any updates, where applicable. To maintain the rating, Standard & Poor’s must receive all relevant financial and other information, including notice of material changes to financial and other information provided to us and in relevant documents, as soon as such information is available. You understand that Ratings Services relies on you and your agents and advisors for the accuracy, timeliness and completeness of the information submitted in connection with the rating and the continued flow of material information as part of the surveillance process. Please send all information via electronic delivery to [email protected]. If SEC rule 17g-5 is applicable, you may post such information on the appropriate website. For any information not available in electronic format or posted on the applicable website, Please send hard copies to:

Standard & Poor’s Ratings Services Public Finance Department 55 Water Street New York, NY 10041-0003

The rating is subject to the Terms and Conditions, if any, attached to the Engagement Letter applicable to the rating. In the absence of such Engagement Letter and Terms and Conditions, the

500 North Akard Street Lincoln Plaza, Suite 3200 Dallas, TX 75201 tel (214) 871-1400 reference no.:709968


March 4, 2014

Page | 2

rating is subject to the attached Terms and Conditions. The applicable Terms and Conditions are incorporated herein by reference. Ratings Services is pleased to have the opportunity to provide its rating opinion. For more information please visit our website at www.standardandpoors.com. If you have any questions, please contact us. Thank you for choosing Ratings Services. Sincerely yours,

Standard & Poor's Ratings Services cm enclosure


March 4, 2014

PF Ratings U.S. (02/16/13)

Standard & Poor’s Ratings Services Terms and Conditions Applicable To Public Finance Credit Ratings

General. The credit ratings and other views of Standard & Poor’s Ratings Services (“Ratings Services”) are statements of opinion and not statements of fact. Credit ratings and other views of Ratings Services are not recommendations to purchase, hold, or sell any securities and do not comment on market price, marketability, investor preference or suitability of any security. While Ratings Services bases its credit ratings and other views on information provided by issuers and their agents and advisors, and other information from sources it believes to be reliable, Ratings Services does not perform an audit, and undertakes no duty of due diligence or independent verification, of any information it receives. Such information and Ratings Services’ opinions should not be relied upon in making any investment decision. Ratings Services does not act as a “fiduciary” or an investment advisor. Ratings Services neither recommends nor will recommend how an issuer can or should achieve a particular credit rating outcome nor provides or will provide consulting, advisory, financial or structuring advice. Unless otherwise indicated, the term “issuer” means both the issuer and the obligor if the obligor is not the issuer.

All Credit Rating Actions in Ratings Services’ Sole Discretion. Ratings Services may assign, raise, lower, suspend, place on CreditWatch, or withdraw a credit rating, and assign or revise an Outlook, at any time, in Ratings Services’ sole discretion. Ratings Services may take any of the foregoing actions notwithstanding any request for a confidential or private credit rating or a withdrawal of a credit rating, or termination of a credit rating engagement. Ratings Services will not convert a public credit rating to a confidential or private credit rating, or a private credit rating to a confidential credit rating.

Publication. Ratings Services reserves the right to use, publish, disseminate, or license others to use, publish or disseminate a credit rating and any related analytical reports, including the rationale for the credit rating, unless the issuer specifically requests in connection with the initial credit rating that the credit rating be assigned and maintained on a confidential or private basis. If, however, a confidential or private credit rating or the existence of a confidential or private credit rating subsequently becomes public through disclosure other than by an act of Ratings Services or its affiliates, Ratings Services reserves the right to treat the credit rating as a public credit rating, including, without limitation, publishing the credit rating and any related analytical reports. Any analytical reports published by Ratings Services are not issued by or on behalf of the issuer or at the issuer’s request. Ratings Services reserves the right to use, publish, disseminate or license others to use, publish or disseminate analytical reports with respect to public credit ratings that have been withdrawn, regardless of the reason for such withdrawal. Ratings Services may publish explanations of Ratings Services’ credit ratings criteria from time to time and Ratings Services may modify or refine its credit ratings criteria at any time as Ratings Services deems appropriate.

Reliance on Information. Ratings Services relies on issuers and their agents and advisors for the accuracy and completeness of the information submitted in connection with credit ratings and the surveillance of credit ratings including, without limitation, information on material changes to information previously provided by issuers, their agents or advisors. Credit ratings, and the maintenance of credit ratings, may be affected by Ratings Services’ opinion of the information received from issuers, their agents or advisors.

Confidential Information. Ratings Services has established policies and procedures to maintain the confidentiality of certain non-public information received from issuers, their agents or advisors. For these purposes, “Confidential Information” shall mean verbal or written information that the issuer or its agents or advisors have provided to Ratings Services and, in a specific and particularized manner, have marked or otherwise indicated in writing (either prior to or promptly following such disclosure) that such information is “Confidential.”

Ratings Services Not an Expert, Underwriter or Seller under Securities Laws. Ratings Services has not consented to and will not consent to being named an “expert” or any similar designation under any applicable securities laws or other


March 4, 2014


regulatory guidance, rules or recommendations, including without limitation, Section 7 of the U.S. Securities Act of 1933. Rating Services has not performed and will not perform the role or tasks associated with an "underwriter" or "seller" under the United States federal securities laws or other regulatory guidance, rules or recommendations in connection with a credit rating engagement.

Disclaimer of Liability. Ratings Services does not and cannot guarantee the accuracy, completeness, or timeliness of the information relied on in connection with a credit rating or the results obtained from the use of such information. RATINGS SERVICES GIVES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. Ratings Services, its affiliates or third party providers, or any of their officers, directors, shareholders, employees or agents shall not be liable to any person for any inaccuracies, errors, or omissions, in each case regardless of cause, actions, damages (consequential, special, indirect, incidental, punitive, compensatory, exemplary or otherwise), claims, liabilities, costs, expenses, legal fees or losses (including, without limitation, lost income or lost profits and opportunity costs) in any way arising out of or relating to a credit rating or the related analytic services even if advised of the possibility of such damages or other amounts.

No Third Party Beneficiaries. Nothing in any credit rating engagement, or a credit rating when issued, is intended or should be construed as creating any rights on behalf of any third parties, including, without limitation, any recipient of a credit rating. No person is intended as a third party beneficiary of any credit rating engagement or of a credit rating when issued.


March 4, 2014

February 21, 2014

City of Weslaco 255 S. Kansas Ave. Weslaco, TX 78596 Attention: Mr. Leonardo Olivares, City Manager Re: City of Weslaco, Texas, Outstanding General Obligation Bonds, Various Series Dear Mr. Olivares: Standard & Poor's Ratings Services ("Ratings Services") has reviewed the rating on the above-listed obligations. Based on our review, we have raised the underlying rating (SPUR) from "A-" to "A+" while affirming the stable outlook. A copy of the rationale supporting the rating and outlook is enclosed. This letter constitutes Ratings Services’ permission for you to disseminate the above rating to interested parties in accordance with applicable laws and regulations. However, permission for such dissemination (other than to professional advisors bound by appropriate confidentiality arrangements) will become effective only after we have released the rating on standardandpoors.com. Any dissemination on any Website by you or your agents shall include the full analysis for the rating, including any updates, where applicable. To maintain the rating, Standard & Poor’s must receive all relevant financial and other information, including notice of material changes to financial and other information provided to us and in relevant documents, as soon as such information is available. You understand that Ratings Services relies on you and your agents and advisors for the accuracy, timeliness and completeness of the information submitted in connection with the rating and the continued flow of material information as part of the surveillance process. Please send all information via electronic delivery to [email protected]. If SEC rule 17g-5 is applicable, you may post such information on the appropriate website. For any information not available in electronic format or posted on the applicable website, Please send hard copies to:

Standard & Poor’s Ratings Services Public Finance Department 55 Water Street New York, NY 10041-0003

The rating is subject to the Terms and Conditions, if any, attached to the Engagement Letter applicable to the rating. In the absence of such Engagement Letter and Terms and Conditions, the

500 North Akard Street Lincoln Plaza, Suite 3200 Dallas, TX 75201 tel (214) 871-1400 reference no.:709968

Page | 2

rating is subject to the attached Terms and Conditions. The applicable Terms and Conditions are incorporated herein by reference. Ratings Services is pleased to have the opportunity to provide its rating opinion. For more information please visit our website at www.standardandpoors.com. If you have any questions, please contact us. Thank you for choosing Ratings Services. Sincerely yours,

Standard & Poor's Ratings Services cm enclosure


Standard & Poor’s Ratings Services Terms and Conditions Applicable To Public Finance Credit Ratings

General. The credit ratings and other views of Standard & Poor’s Ratings Services (“Ratings Services”) are statements of opinion and not statements of fact. Credit ratings and other views of Ratings Services are not recommendations to purchase, hold, or sell any securities and do not comment on market price, marketability, investor preference or suitability of any security. While Ratings Services bases its credit ratings and other views on information provided by issuers and their agents and advisors, and other information from sources it believes to be reliable, Ratings Services does not perform an audit, and undertakes no duty of due diligence or independent verification, of any information it receives. Such information and Ratings Services’ opinions should not be relied upon in making any investment decision. Ratings Services does not act as a “fiduciary” or an investment advisor. Ratings Services neither recommends nor will recommend how an issuer can or should achieve a particular credit rating outcome nor provides or will provide consulting, advisory, financial or structuring advice. Unless otherwise indicated, the term “issuer” means both the issuer and the obligor if the obligor is not the issuer.

All Credit Rating Actions in Ratings Services’ Sole Discretion. Ratings Services may assign, raise, lower, suspend, place on CreditWatch, or withdraw a credit rating, and assign or revise an Outlook, at any time, in Ratings Services’ sole discretion. Ratings Services may take any of the foregoing actions notwithstanding any request for a confidential or private credit rating or a withdrawal of a credit rating, or termination of a credit rating engagement. Ratings Services will not convert a public credit rating to a confidential or private credit rating, or a private credit rating to a confidential credit rating.

Publication. Ratings Services reserves the right to use, publish, disseminate, or license others to use, publish or disseminate a credit rating and any related analytical reports, including the rationale for the credit rating, unless the issuer specifically requests in connection with the initial credit rating that the credit rating be assigned and maintained on a confidential or private basis. If, however, a confidential or private credit rating or the existence of a confidential or private credit rating subsequently becomes public through disclosure other than by an act of Ratings Services or its affiliates, Ratings Services reserves the right to treat the credit rating as a public credit rating, including, without limitation, publishing the credit rating and any related analytical reports. Any analytical reports published by Ratings Services are not issued by or on behalf of the issuer or at the issuer’s request. Ratings Services reserves the right to use, publish, disseminate or license others to use, publish or disseminate analytical reports with respect to public credit ratings that have been withdrawn, regardless of the reason for such withdrawal. Ratings Services may publish explanations of Ratings Services’ credit ratings criteria from time to time and Ratings Services may modify or refine its credit ratings criteria at any time as Ratings Services deems appropriate.

Reliance on Information. Ratings Services relies on issuers and their agents and advisors for the accuracy and completeness of the information submitted in connection with credit ratings and the surveillance of credit ratings including, without limitation, information on material changes to information previously provided by issuers, their agents or advisors. Credit ratings, and the maintenance of credit ratings, may be affected by Ratings Services’ opinion of the information received from issuers, their agents or advisors.

Confidential Information. Ratings Services has established policies and procedures to maintain the confidentiality of certain non-public information received from issuers, their agents or advisors. For these purposes, “Confidential Information” shall mean verbal or written information that the issuer or its agents or advisors have provided to Ratings Services and, in a specific and particularized manner, have marked or otherwise indicated in writing (either prior to or promptly following such disclosure) that such information is “Confidential.”

Ratings Services Not an Expert, Underwriter or Seller under Securities Laws. Ratings Services has not consented to and will not consent to being named an “expert” or any similar designation under any applicable securities laws or other


regulatory guidance, rules or recommendations, including without limitation, Section 7 of the U.S. Securities Act of 1933. Rating Services has not performed and will not perform the role or tasks associated with an "underwriter" or "seller" under the United States federal securities laws or other regulatory guidance, rules or recommendations in connection with a credit rating engagement.

Disclaimer of Liability. Ratings Services does not and cannot guarantee the accuracy, completeness, or timeliness of the information relied on in connection with a credit rating or the results obtained from the use of such information. RATINGS SERVICES GIVES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. Ratings Services, its affiliates or third party providers, or any of their officers, directors, shareholders, employees or agents shall not be liable to any person for any inaccuracies, errors, or omissions, in each case regardless of cause, actions, damages (consequential, special, indirect, incidental, punitive, compensatory, exemplary or otherwise), claims, liabilities, costs, expenses, legal fees or losses (including, without limitation, lost income or lost profits and opportunity costs) in any way arising out of or relating to a credit rating or the related analytic services even if advised of the possibility of such damages or other amounts.

No Third Party Beneficiaries. Nothing in any credit rating engagement, or a credit rating when issued, is intended or should be construed as creating any rights on behalf of any third parties, including, without limitation, any recipient of a credit rating. No person is intended as a third party beneficiary of any credit rating engagement or of a credit rating when issued.

14 03 04 agenda supplements

Documents

pledge of allegiance

city of weslaco

date of action

texas flag

commission action

united states of america

city manager

na recommendation