a m e n d e d city of laredo · fifty two, (2,352) garbage/refuse carts from toter, inc.,...

A M E N D E D

CITY OF LAREDO CITY COUNCIL MEETING

A-2009-R-01 CITY COUNCIL CHAMBERS

1110 HOUSTON STREET LAREDO, TEXAS 78040

JANUARY 5, 2009 5:30 P.M.

DISABILITY ACCESS STATEMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aid or services are requested to contact Gustavo Guevara, City Secretary at (956) 791-7308 at least two working days prior to the meeting so that appropriate arrangements can be made. The accessible entrance and accessible parking spaces are located at City Hall, 1100 Victoria Ave. Out of consideration for all attendees of the City Council meetings, please turn off all cellular phones and pagers, or place on inaudible signal. Thank you for your consideration. I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. ROLL CALL

IV. MINUTES

Approval of the minutes of October 20, 2008 and November 3, 2008.

V. COMMUNICATIONS AND RECOGNITIONS

Recognitions a. Recognizing Constable Rodolfo “Rudy” Rodriguez for his outstanding public

service contributing to the less fortunate children at “Navidad en el Barrio” Event.

b. Recognizing Maria Harrison, Parks and Leisure Services Department

Recreation Center Supervisor, for going beyond the call of duty at the Katherine Tarver Recreation Center at the Christmas en el Barrio Event.

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Communiqués Invitation by Viviana Frank, Board President, Francisco Barrientos, Jamboozie Chairman, and Jack Cruthirds, Title Sponsor, to the 2009 UETA Jamboozie Urban Street Festival.

Citizen comments Citizens are required to fill out a witness card and identify themselves at the microphone. Comments should be relevant to City business and delivered in a professional manner. No derogatory remarks will be permitted. There is a time limit of three minutes per speaker.

VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a. Appointments by Mayor Raul G. Salinas of Nicolas Rocha and Alma Carrillo to the International Trade Blue Ribbon.

b. Appointment by Council Member Cynthia Liendo Espinoza of Johnny Amaya

to the Vehicles for Hire Ad Hoc Committee. VII. PUBLIC HEARING

1. Public hearing and introductory ordinance authorizing the City Manager

to enter into agreement with the Drug Enforcement Administration in the amount of $46,534.00 and amending Fiscal Year 2008-2009 City of Laredo Annual Budget by reducing revenues and expenditures in the amount of $3,466.00. The agreement’s purpose is to reimburse costs for equipment incurred in the Laredo Police Department in providing resources for the Strike Force OCDETF (Organized Drug Task Forces) Program. The term of this agreement is from October 1, 2008 through September 30, 2009.

2. Public hearing and introductory ordinance amending the City of Laredo

Fiscal Year 2008-2009 Airport Construction Fund by appropriating $100,000.00 in revenues and expenditures; which includes $50,000.00 from the Texas Department of Transportation Routine Airfield Maintenance Program (RAMP) Grant TXDOT CSJ No. M922LREDO and transferring $50,000.00 in matching funds from the Airport Operating Fund; providing for an effective date.

(Recess) (Press Availability)

VIII. INTRODUCTORY ORDINANCES

3. Authorizing the City Manager to execute an amendment to the lease

agreement approved by Ordinance No. 2006-O-276 dated November 6, 2006, with M & M Air Cargo and Delivery Service, Inc., for approximately 11,988 square feet constituting Sections 2 and 3 and Building No. 170 located at 5103 Maher Avenue at the Laredo International Airport. Said amendment will reduced the leased area from 11,988 square feet to 2,646

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square feet effective January 31, 2009 thereby deleting Section 3 Building No. 170 and adjust the monthly rent obligation accordingly to $1,244.00 effective February 1, 2009. All other terms and conditions remain unchanged and in effect; providing for an effective date.

4. Authorizing the City Manager to execute an easement to AEP Texas

Central Company for routing of aerial electrical facilities to serve MHOC Booster Station south of Springfield. The said easement containing 1,569.08 square feet tract of land, being out of a 12.417 acre tract, recorded in Volume 296, pages 214-216, W.C.D.R., City of Laredo, Webb County, Texas and being described in attached Exhibit A; and providing for an effective date.

IX. FINAL READING OF ORDINANCES

5.

2009-O-001 Amending the City of Laredo FY 2008-2009 annual budget

by establishing a new Special Revenue Fund, titled LEC Operations by appropriating revenues and expenditures in the amount of $2,492,047.00 and amending the Sports & Community Venue Fund by appropriating expenditures in the amount of $1,475,439.00; $719,381.00 for a transfer out to LEC Operations’ and $756,058.00 for the City’s and Arena Venture’s balance of the Renewal and Replacement Account.

2009-O-002 Amending the City of Laredo Fiscal Year 2008-2009

Information Technology Fund budget by drawing down $400,000.00 from opening balance and designating it as a transfer out to the Capital Improvement Project Fund and amending the City of Laredo Fiscal Year 2008-2009 Capital Improvement Project Fund by appropriating $850,000.00 in revenues and expenditures to be used for parks surveillance system, a wireless broadband system (motomesh) for the downtown district, and repairs and furnishings for the Fire Department stations.

2009-O-003 Amending the City of Laredo Health Department Fiscal Year 2008-2009 annual budget by appropriating revenues and expenditures in the amount of $8,250.00 for a total amount of $316,628.00 from the Texas Department of State Health Services for continuation of the Prevention Services for HIV Prevention Project of the Health Department, for the term of January 1, 2009 through December 31, 2009. (As amended)

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2009-O-004 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 4.87 acres, as further described by metes and bounds in attached Exhibit "A", located south of St. Luke Boulevard and east of St. Lawson Lane, from R-1A (Single Family Reduced Area Residential District) to B-1 (Limited Commercial District); providing for publication and an effective date.

2009-O-005 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 1, Block 1, Provitex Subdivision, located at 4415 Highway 359, from B-3 (Community Business District) to B-4 (Highway Commercial District); providing for publication and an effective date.

2009-O-006 Amending Ordinance No. 2002-O-082 authorizing the

issuance of a Conditional Use Permit for a portrait studio on Lots 4, 5, and the east ½ of 3, Block 1268, Eastern Division, located at 2219 Clark Boulevard, by amending the provisions to extend the three-year expiration date; providing for publication and an effective date. (As amended)

2009-O-007 Amending Ordinance No. 2005-O-268 authorizing the

issuance of a Conditional Use Permit for two mobile homes on Lots 1-7, Block 1, Del Mar Hills Subdivision, located at 10 E. Del Mar Boulevard, by amending the narrative to extend the two-year expiration date to three; providing for publication and an effective date.

X. RESOLUTION

6. 2008-R-001

1. Lot 54, Block 506, Retama Park Subdivision, Unit 2, Eastern Division, City of Laredo, Webb County, Texas, as per plat recorded in Volume 2, Page 205, Plat Records of Webb County, Texas; and

Declaring the public necessity to acquire the “surface only” of the following three parcels of land for the Canal Street Drainage Improvements Project:

2. Lot 55, Block 506, Retama Park Subdivision, Unit 2 Eastern Division, City of Laredo, Webb County, Texas, as per plat recorded in Volume 2, Page 205, Plat Records of Webb County, Texas; and

3. Lot 7, Block 70-B, of the amended Calton Gardens Addition, Northern Division, City of Laredo, as per Del Rey Homes Replat recorded in Volume 2, Page 203, Plat Records of Webb County, Texas; and

Authorizing staff to negotiate with the owners for the acquisition of said three parcels; and authorizing the City Attorney to initiate condemnation proceedings to acquire any of said parcels if staff is unable to acquire any of the three due to inability to agree to a purchase price, conflict of ownership, owner refusal to sell, and/or inability to locate a listed owner.

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7. 2008-R-003

Authorizing the City Manager to accept a contract from the Texas Department of State Health Services in the amount of $168,940.00 for continuation of the Health Department’s Tuberculosis Prevention & Control Federal Project for the period beginning January 1, 2009 through December 31, 2009 and authorizing the City Manager to execute the contract.

XI. MOTIONS

8. Consideration to approve City Council meeting dates for 2009.

9. Authorizing the Washington Birthday Celebration Association (WBCA) to place two (2) temporary promotional banners for the annual WBCA festivities scheduled for January 22, 2009 through February 22, 2009. One banner will be installed on the 2400 block of San Bernardo Avenue from the period of January 26, 2009 to February 22, 2009 and the other banner will be installed at the intersection of McPherson and Del Mar Boulevard from the period of January 14, 2009 to February 22, 2009; and to require that the WBCA sign a release of liability to the City of Laredo.

10. Authorizing the City Manager to contract with Mario A. Martinez of Martinez

and Associates Governmental Affairs, Austin, Texas, in the amount of $45,000.00, plus $5,000.00 out of pocket expenses, for intergovernmental, informational, and advocacy services to be provided to the City of Laredo for the period beginning January 1, 2009 through September 30, 2009. Funding is available in the General Fund.

11. Consideration to award contract number FY09-020 to:

1.) Castañeda Construction & Materials, Laredo, Texas, in an estimated amount of $30,000.00;

2.) La Flecha Materials, Inc., Laredo, Texas, in the estimated amount of $20,000.00 for providing red top soil and fill dirt for maintenance and capital improvement projects being constructed by Parks and Leisure Services and Utilities Departments.

The term of this contract will be for a six (6) month period. Castañeda Construction & Materials will be the primary vendor and La Flecha Materials will be the secondary vendor for the purchase of the needed materials. Funding is available in the respective departmental budgets.

12. Consideration for approval of change order no. 2 an increase of $56,878.50

for improvements necessary during construction such as additional valley gutters, drainage pipe, soil stabilization, and erosion controls to enhance the drainage system; and additional paving improvements to accommodate heavy vehicle traffic, and to add twenty (20) working days to the construction contract with Rhino Builders, Ltd., for the McPherson Road Widening North of Del Mar Blvd, Phase II, Step “C” (Mahogany Dr. to Shiloh

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Dr.). Current construction contract amount is $1,087,079.50 and contract time is two hundred thirty (230) working days. Funding is available in the 2004 Transit C.O. Project #TRMAHO. Approved by City Council Operations Committee.

13. Consideration to award contract to the low bidder, Z Rider of Texas, San

Antonio, TX in the total amount of $19,980.00 for the purchase of four (4), Segway Police Personal Transporters. Funding is available in the Police Justice Assistance grant. Approved by City Council Operations Committee.

14. Consideration to ratify the emergency purchase order issued to Schindler

Elevator Corporation, San Antonio, Texas, in the total amount of $103,878.50 for furnishing parts and labor to repair the damaged escalators at the Laredo International Airport. Due to the continuous use of the escalators, it is essential that the repair be completed. Funding is available in the Airport budget and the Capital Improvement Fund. Approved by City Council Operations Committee.

15. Consideration to authorize the purchase of two-thousand three hundred and

fifty two, (2,352) garbage/refuse carts from Toter, Inc., Statesville, NC, through the State of Texas Cooperative Purchasing Contract 450-A2 in the total amount of $121,198.56. Funding is available in the Solid Waste Services budget. Approved by City Council Operations Committee.

16. Consideration to award contract FY09-024 to the low bidder GCR Tire

Centers, Laredo, Texas, in the estimated amount of $200,712.05 for the purchase of police package tires and passenger tires for the Fleet Department. All tires will be purchased on an as needed basis. Funding is available in the Fleet Department Fund. Approved by City Council Operations Committee.

17. Consideration to award contract number FY09-009 to the low bidder,

Interboro Packaging Corporation, Montgomery, NY, in the total amount of $127,840.00 for the purchase of 2 million plastic bags for use in the City’s recycling program. The bid pricing is 3% less than the previous purchase amount. Funding is available in the Solid Waste Services budget. Approved by City Council Operations Committee.

18. Consideration to authorize a contract with Calence, LLC, Austin, Texas, for

the purchase and installation of information technology equipment in the total amount of $68,331.98 for the Library’s new cyber mobile. This equipment will be purchased utilizing the State of Texas Department of Information Resources (DIR) Cooperative Purchasing Program contract number DIRSDD-236. Funding is available in the 2006 Certificate of Obligation Bond Proceeds. Approved by City Council Operations Committee.

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19. Consideration to authorize the purchase of two (2) street sweepers from

Tymco International, LTD, in the total amount of $321,085.10 through the Houston Galveston Area Council of Governments (HGAC) Cooperative Purchasing Program’s contract pricing. These sweepers will be assigned to the Public Works Department. Funding is available in the 2007 Certificate of Obligation Bond Proceeds. Approved by City Council Operations Committee.

20. Authorizing the award of 2008 HOME Investment Partnership Program

(HOME) Community Housing Development Organization (CHDO) set-aside funds in the amount of $187,243.00 to Habitat for Humanity of Laredo, Inc., to assist in the construction of approximately 8 homes for the Tierra Prometida a 50 home project; and further authorizing the City Manager to execute all documents in support of the same.

21. Consideration for approval to award a construction contract to the lowest

bidder Reim Construction, Inc., Alton, Texas, in the amount of $687,416.80 for the Father McNaboe Park Phase II – Step “A”. Funding is available in the Father McNaboe Park Improvements Phase II. Approved by City Council Operations Committee.

XII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

22.

A. Request by Mayor Raul G. Salinas

1. Instructing City Manager to host a law enforcement (including local, state and federal) summit.

B. Request by Council Member Dr. Michael Landeck

1. Presentation Discussion and possible action regarding the proposed reorganization plan of the Police Department and a timeline for it's possible approval by city council.

C. Request by Council Member Gene Belmares 1. Status report on the enforcement efforts on vehicles without

proof of financial responsibility.

2. Status report on Dellwood/Laurel Drainage Project.

3. Discussion with possible action on accepting a parkland donation from Amazonias Subdivision.

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D. Request by Mayor Pro-Tempore Jose A. Valdez, Jr.

1. Discussion with possible action to award Phase II Father McNaboe Project.

XIII. STAFF REPORTS

23. Discussion with possible action regarding the draft Federal Legislative

Agenda.

XIV. EXECUTIVE SESSION

The City Council hereby reserves the right to go into executive session at any time during this public meeting, if such is requested by the City Attorney or other legal counsel for the City, pursuant to his or her duty under Section 551.071(2) of the Government Code, to consult privately with his or her client on an item on the agenda, or on a matter arising out of such item.

XV. ADJOURNMENT

This notice was posted at the Municipal Government Offices, 1110 Houston Street, Laredo, Texas, at a place convenient and readily accessible to the public at all times. Said notice was posted on Friday, January 2, 2009 at 5:30 p.m.

Gustavo Guevara, Jr. City Secretary

DATE:

01/05/09

INITIATED BY:Cynthia CollazoDeputy City Manager

COUNCIL COMMUNICATIONSUBJECT: Public Hearing 1 Introductory Ordinance

Authorizing the City Manager to enter into an agreement with the DrugEnforcement Administration in the amount of $46,534.00 and amendthe FY 2008-2009 City of Laredo Annual Budget by reducing revenuesand expenditures in the amount of $3,466.00. The agreement'spurpose is to reimburse costs for equipment incurred by the LaredoPolice Department in providing resources for the STRIKE FORCEOCDETF (Organized Drug Enforcement Task Forces) PROGRAM.The term of this agreement is from October 1, 2008 throughSeptember 30,2009.

STAFF SOURCE:Carlos MaldonadoChief of Police

PREVIOUS COUNCIL ACTION:None.

ACTION PROPOSED:That this Ordinance be passed and approved.

BACKGROUND:

The Organized Crime Drug Enforcement Task Force (OCDETF) is a federal drug enforcement program thatfocuses attention and resources on the disruption and dismantling of major drug trafficking organizations.OCDETF provides a framework for federal, state, and local law enforcement agencies to work together to targetwell-established and complex organizations that direct, finance, or engage in illegal narcotics trafficking andrelated crimes. (Related crimes include money laundering and tax violations, public corruption, illegal immigration,weapons violations, and violent crimes.) The program has been in existence since 1982 and operates under theguidance and oversight of the Attorney General. UtiliZing its resources and expertise of its 11 member federalagencies, along with support from its state and local law enforcement partners, OCDETF has contributed to thesuccessful prosecution and conviction of more than 44,000 members of criminal organizations and resulted in theseizure of cash and property assets totaling more than $3.0 billion.

FINANCIAL:

Revenues:

Drug Enforcement AdministrationAccount # 229-0000-327-9016

Expenses:

Mach. and Equip.- OCDETFAccount #229-2342-525-9001

OriginalBudget

$65,916

$25,000

ProposedBudget

$62,450

$21,534

BudgetAmendment

<$3,466>

<$3,466>

RECOMMENDATION: STAFF:Recommends that Council approve thisOrdinance.

ORDINANCE #

Authorizing the City Manager to enter into an agreement with the DrugEnforcement Administration in the amount of $46,534.00 and amend the FY 20082009 City of Laredo Annual BUdget by reducing revenues and expenditures in theamount of $3,466.00. The agreement's purpose is to reimburse costs forequipment incurred by the Laredo Police Department in providing resources forthe STRIKE FORCE OCDETF (Organized Drug Enforcement Task Forces)PROGRAM. The term of this agreement is from October 1, 2008 throughSeptember 30,2009.

Whereas, an agreement with the Drug Enforcement Administration willreimburse the City of Laredo in the amount of $46,534.00 for equipment andoperational expenses in joint operational task forces; and

Whereas, the Chief of Police recommends that the City Council authorize theapproval of this overtime agreement; and

Whereas, the City Council finds that such a budget amendment should be madeand will be beneficial to the City; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF LAREDO THAT:

Section 1: The City Manager is hereby authorized to enter into an agreement with theDrug Enforcement Administration (DEA) for the OCDETF Strike Force Program in theamount of $46,534.00.

Section 2: The term of this agreement is from October 1, 2008 through September 30,2009.

Section 3: the City of Laredo's FY 2008-2009 annual budget is hereby amended in theamount of $3,466.00 for equipment and operational expenses for the OCDETF DEAStrike Force Program costs.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE___ DAYOF ,2009.

RAUL SALINASMAYOR

ATTEST:

GUSTAVO GUEVARA, JR.CITY SECRETARY

APPROVED AS TO FORM:

t!kf//L~RAUL CASSOCITY ATTORNEY

IDATE:

1-5-09

COUNCIL COMMUNICATIONSUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCEAmending the City of Laredo FY2008-2009 Airport Construction fund by appropriating$100,000.00 in revenues and expenditures; which includes $50,000.00 from the TexasDepartment of Transportation Routine Airfield Maintenance Program (RAMP) GrantTXDOT CSJ No. M922LREDO and transferring $50,000.00 in matching funds from theAirport Operating Fund; providing for an effective date.

lNITIATED BY: Jesus M. OlivaresAssistant City Manager

STAFF SOURCE: Jose L. FloresAirport Manager

PREVIOUS ACTION: City Council has approved previous Budget Amendments to accept theTransportation Routine Airfield Maintenance Program (RAMP) Grants. The acceptance of this grant wasapproved by City Council by Resolution No. 2008-R-120 on October 6, 2008.

BACKGROUND:

The RAMP Grant will be used to purchase materials for application of airport pavement marking paint andreflective beads, crack sealing, runway rubber removal, repair/replace passenger terminal parking 10signage, repair irrigation system, airfield electrical materials, airfield signs, fixtures, panels, windsocks, andherbicide.

The RAMP Grant will reimburse the Airport up to $50,000.00 in eligible expenses. The local match isavailable in our Airport Operations Fund.

FINANCIAL:Annual Proposed AmendedBudget Amendment Budget

Airport Operational Fund:Building & Other Improvements 242-3610-583-2010 85,783.00 (50,000.00) 35,783.00Transfer Out - Airport Construction 242-3605-597-0433 - 50,000.00 50,000.00

Airport Construction Fund:Transfer In - Airport Operations 433-0000-393-0242 2,012,939.00 50,000.00 2,062,939.00TXDOT 2009 RAMP Grant Award 433-0000-323-2038 - 50,000.00 50,000.00

TXDOT 2009 RAMP Grant expenseAcct 433-3681-582-3010 - 100,000.00 100,000.00

RECOMMENDATION: On December 9,2008, the AirportAdvisory Committee considered this item and recommendsapproval.

STAFF: That the City Manager beauthorized to implement the proposed FY2008-2009 budget amendment.

AN ORDINANCE

AMENDING TIlE CITY OF LAREDO FY20082009 AIRPORT CONSTRUCTION FUNDANNUAL BUDGET BY APPROPRIATING$100,000.00, WHICH INCLUDES $50,000.00FROM TIlE TEXAS DEPARTMENT OFTRANSPORTATION ROUTINE AIRFIELDMAINTENANCE PROGRAM (RAMP) GRANTTXDOT CSJ NO. M922LREDO ANDTRANSFERRING $50,000.00 IN MATCHINGFUNDS FROM TIlE AIRPORT OPERATINGFUND; PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the Texas Department of Transportation has approved a grant underthe Routine Airport Maintenance Program being Grant Agreement CSJNo. M922LREDO in the amount of $50,000.00 for the purpose of airport airfieldmaintenance ofthe Laredo International Airport;

WHEREAS, the Airport Manager recommends that the City Council approve theproposed budget amendment to the City of Laredo FY 2008-2009 Airport Constructionfund revenues and expenditures to recognize the Texas Department of TransportationRoutine Airfield Maintenance Program (RAMP) Grant TXDOT CSJ No. M922LREDOfor $50,000.00, and transferring out $50,000.00, local match from the Airport OperatingFund to the Airport Construction Fund, in furtherance of the development of the LaredoInternational Airport and as a support to the maintenance and operation of the LaredoInternational Airport, and authorizing the City Manager to implement said budgetamendment as follows:

Annual Proposed AmendedBudget Amendment Budget

Airport Operational Fund:Building & Other Improvements 242-3610-583-2010 85,783.00 (50,000.00) 35,783.00Transfer Out - Airport Construction 242-3605-597-0433 50,000.00 50,000.00

Airport Construction Fund:Transfer In - Airport Operations 433-0000-393-0242 2,012,939.00 50,000.00 2,062,939.00TXDOT 2009 RAMP Grant Award 433-0000-323-2038 50,000.00 50,000.00

TXDOT 2009 RAMP Grant expenseAcct 433-3681-582-3010 100,000.00 100,000.00

WHEREAS, the City Council ofthe City ofLaredo is of the same opinion.

Page 1 of2

Ordinance Amending FY 2008-2009 Budget (TxDOT RAMP GRANT)

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THECITY OF LAREDO THAT:

Section 1: The City Manager be and is hereby authorized to amend the City ofLaredoFY 2008-2009 Airport Construction fund revenues and expenditures to recognize theTexas Department of Transportation Routine Airfield Maintenance Program (RAMP)Grant TXDOT CSJ No. M822LREDO for $50,000.00, and transferring out $50,000.00,local match from the Airport Operating Fund to the Airport Construction Fund, andauthorizing the City Manager to implement said budget amendment.

Section 2: This Ordinance shall become effective upon passage hereof

PASSED BY THE CITY COUNCIL AND APROVED BY THE MAYOR ONTHIS THE DAY OF ,2009.

RAUL G. SALINASMAYOR

ATTEST:


APPROVED AS TO FORM:RAUL CASSOCITY ATTORNEY

BY~'1YL~VALERIA M. ACEVEDOASSISTANT CITY ATTORNEY

Page 2 of2

DATE:

1-5-09

COUNCIL COMMUNICATIONSUBJECT: INTRODUCTION OF AN ORDINANCEAuthorizing the City Manager to execute an Amendment to the LeaseAgreement approved by Ordinance No. 2006-0-276 dated November 6,2006,with M & M Air Cargo and Delivery Service, Inc., for approximately 11,988square feet constituting Sections 2 and 3 and Building No. 170 located at 5103Maher Avenue at the Laredo International Airport. Said Amendment will reducethe leased area from 11,988 square feet to 2,646 square feet effective January31, 2009 thereby deleting Section 3 of Building No. 170 and adjust the monthlyrent obligation accordingly to $1,244.00 effective February 1, 2009. All other'terms and conditions remain unchanged and in effect; providing for an effectivedate.

INITIATED BY: Jesus M. OlivaresAssistant City Manager

STAFF SOURCE: Jose L. FloresAirport Manager

PREVIOUS COUNCIL ACTION: On November 6,2006, Ordinance No. 2006-0-276 authorizeda lease agreement with M & M Air Cargo and Delivery Service, Inc.

BACKGROUND:

M & M Air Cargo and Delivery Service, Inc. has been a tenant in good standing since 1985 andrequests that the leased area be reduced from 11,988 square feet to 9,342 square feet effectiveAugust 1,2008 through January 31,2009 and that the monthly rent obligation be adjustedaccordingly to $4,395.44 during this period. Furthermore, M&M Cargo and Delivery Service, Inc.now requests that the leased area be further reduced from 9,342 to 2,646 square feet effectiveFebruary 1,2009 reducing the monthly rent to $1,244.00.

The reduction in lease area is due to downturn of the air cargo business and Lessee can nolonger afford paying the greater rent. Lessee is indicating that as soon as the air cargo businesspicks up that it will consider leasing additional space.

The leased premises are used for air cargo operations and located at mid-field on the west apron.

Lease term is for five (5) years commencing on May 1, 2006, and ending on April 30, 2011.

FINANCIAL IMPACT:Aeronautical Building RentAccount No. 242-0000-361-1086Original Monthly Rent: $5,596.23Adjusted Monthly Rent effective August 1,2008: $4,395.44 ($0.47/S.F.) =$52,745.28/ yearProposed Monthly Rent effective February 1,2009: $1,244.00 ($0.47/S.F.) = $14,928.00/ year

COMMITTEE RECOMMENDATION:On December 9, 2008, the Airport AdvisoryCommittee recommended approval.

STAFF RECOMMENDATION:Approval of this Ordinance.

AN ORDINANCE

AUTHORIZING THE CITY MANAGER TO EXECUTEAN AMENDMENT TO THE LEASE AGREEMENTAPPROVED BY ORDINANCE NO. 2006-0-276 DATEDNOVEMBER 6, 2006, WITH M & M AIR CARGO ANDDELIVERY SERVICE, INC., FOR APPROXIMATELY11,988 SQUARE FEET CONSTITUTING SECTIONS 2AND 3 AND BUILDING NO. 170 LOCATED AT 5103MAHER AVENUE AT THE LAREDOINTERNATIONAL AIRPORT. SAID AMENDMENTWILL REDUCE THE LEASED AREA FROM 11,988SQUARE FEET TO 2,646 SQUARE FEET EFFECTIVEJANUARY 31, 2009 THEREBY DELETING SECTION 3OF BUILDING NO. 170 AND ADJUSTING THEMONTHLY RENT OBLIGATION ACCORDINGLY TO$1,244.00 EFFECTIVE FEBRUARY 1, 2009. ALLOTHER TERMS AND CONDITIONS REMAINUNCHANGED AND IN EFFECT; PROVIDING FORAN EFFECTIVE DATE.

WHEREAS, the Airport Manager recommends that the City Council approve theproposed Amendment to the lease agreement approved by Ordinance No. 2006-0-276 onNovember 6,2006, between the City ofLaredo, as LESSOR, and M & M Air Cargo andDelivery Service, Inc., as LESSEE, for approximately 11,988 square feet constitutingSections 2 and 3 of Building No. 170 located at 5103 Maher Avenue at the LaredoInternational Airport, as a contract and in furtherance of the development of the LaredoInternational Airport and as a support to the maintenance and operation of the LaredoInternational Airport;

WHEREAS, LESSOR and LESSEE agree to amend said lease agreement in orderto reduce the leased area from 11,988 square feet to 9,342 square feet effective August 1,2008 and adjust the monthly rent obligation accordingly to $4,395.44 and furtherreducing the leased area from 9,342 square feet to 2,646 square feet effective January 31,2009 and further adjust the monthly rent to $1,244.00. All other terms and conditionsremain unchanged and in effect.

WHEREAS, Section 1.01, Leased Area, is amended to reduce the leased areafrom 11,988 square feet to 2,646 square feet. Section 1.03, Rental Obligation, is amendedto adjust the monthly rent obligation accordingly to $1,244.00 effective February 1, 2009.

WHEREAS, the Airport Advisory Committee finds that said Amendment is in thebest interest of the Airport and recommends that the City Council approve the proposedamendment; and

WHEREAS, the City Council of the City of Laredo having heard therecommendations of the Airport Manager and of the Airport Advisory Committee agreeswith same.

Page lof2

AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OFLAREDO AND M & M AIR CARGO AND DELIVERY SERVICE, INC.


Section 1: The City Manager be hereby authorized to execute an Amendment to thelease agreement approved by Ordinance No. 2006-0-276 on November 6, 2006, betweenthe City of Laredo, as LESSOR, and M & M Air Cargo and Delivery Service, Inc., asLESSEE. Said Amendment will reduce the leased area from 11,988 square feet to 2,646square feet thereby deleting Section 3 of Building No. 170 and adjust the monthly rentobligation accordingly to $1,244.00 effective February 1, 2009. All other terms andconditions remain unchanged and in effect. A copy of which Amendment is attachedhereto as Exhibit A, and incorporated herein as if set out at length for all intents andpurposes.

Section 2: This Ordinance shall become effective upon passage hereof

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ONTHIS THE DAY OF ,2009.


ATTEST:



BY:~'fll~VALERIA M. ACEVEDOASSISTANT CITY ATTORNEY

Page 2 of2

NOTE: This agreement is subject to City Council approval and also constitutes a publicdocument under the Texas Open Records Act, being subject to public inspection at anytime hereafter.

STATE OF TEXAS )(COUNTY OF WEBB )(

AMENDED LEASE AGREEMENT

This amended lease agreement is made and entered into by and between the Cityof Laredo, Texas, a home rule city hereinafter referred to as "LESSOR" and M & M AirCargo and Delivery Service, Inc. hereinafter referred to as "LESSEE".

WHEREAS, on November 6,2006, Ordinance No. 2006-0-276 authorized a leaseagreement between the City of Laredo, as LESSOR, and M & M Air Cargo and DeliveryService, Inc., as LESSEE, for approximately 11,988 square feet constituting Sections 2and 3 of Building No. 170 located at 5103 Maher Avenue at the Laredo InternationalAirport.

WHEREAS, LESSOR and LESSEE agree to amend said lease agreement in orderto reduce the leased area from 11,988 square feet to 9,342 square feet thereby deletingSection 2 of Building No. 170 and adjust the monthly rent obligation accordingly to$4,395.44 effective August 1, 2008 thru January 31, 2009 and further agreeing to reducethe leased premises from 9,342 square feet to 2,646 square feet effective January 31, 2009at a revised monthly rent of $1,244.00 effective February 1, 2009. All other terms andconditions will be remain unchanged and in effect.

WHEREAS, Section 1.01, Leased Area, is amended as follows: The LESSORdoes hereby lease approximately 11,988 2,646 square feet constituting Section 2~of Building No. 170 located at 5103 Maher Avenue, Laredo, Webb County, Texassituated on property described as Block No.1, of the subdivision plat of Laredo Airportaccording to the map or plat thereof recorded in Volume 5, Page 1, plat records of WebbCounty, Texas. The property on which the building is situated is more particularlydescribed and depicted on "Exhibit A" attached hereto and incorporated herein, allhereinafter referred to as the leased area, all within the Laredo International Airport, andLESSEE hereby leases the said leased area from LESSOR.

WHEREAS, Section 1.03, Rental Obligation, is amended as follows: Subject toannual review for rent escalation, LESSEE herein agree to pay to LESSOR monthly, inadvance, the sum of Five Thousand Two Hundred Seventy Five Dollars ($5,275.00)Four Thousand and Three Hundred and Ninety Five Dollars and Forty Four Cents($4,395.44) base rent for each month starting August 1, 2008 and ending on January 31,2009, and ($1,244.00) base rent for each month starting on February 1, 2009 and duringremaining term of this lease. All other terms and conditions will remain unchanged and ineffect.

EXHIBIT A

LEASE AMENDMENT BETWEEN THE CITY OF LAREDO AND M & M AIR CARGO AND DELIVERY SERVICE,INC.

WITNESSETH

WHEREAS, the LESSOR currently owns and operates the land premises knownas the Laredo International Airport (hereinafter called ("Airport"), located in Laredo,Webb County, Texas, and;

WHEREAS, the LESSOR deems it advantageous to itself and to its operation ofthe Airport area to lease to LESSEE certain rights, privileges and uses herein as necessaryto conduct its business as hereinafter set forth;

NOW, THEREFORE, LESSOR and LESSEE for and in consideration of thecovenants and mutual agreements hereinafter contained, do hereby covenant and agree asfollows:

ARTICLE IPREMISES, TERMS, AND PRIVILEGES

DEFINITIONS:

"Laredo International Airport" or "Airport": That certain area administered byLESSOR pursuant to Indenture from the United states of America to the City of Laredo,dated February 21, 1975, and consisting of all the area bounded by Saunders Avenue tothe South, McPherson Avenue to the West, Lake Casa Blanca to the East andundeveloped land to the North, and being more particularly described in that certain Deedof Indenture filed in Volume 478 at page 471 of the Deed of Records of Webb County,Texas.

"LESSOR": The City of Laredo, by and through its duly constituted agent, theAirport Manager, shall be considered the LESSOR for all purposes ofthis lease. .

"PREMISES": Includes the property and building subject to this lease.

"STRUCTURE" OR "STRUCTURAL": Includes, but is not limited to, thefoundation, load bearing walls, joists, rafters, load bearing surfaces, water pipes, drainagepipes, and air conditioning ducts.

1.01 LEASED AREA:

The LESSOR does hereby lease approximately 11,988 2,646 square feetconstituting Section 2~ of Building No. 170 located at 5103 Maher Avenue, Laredo,Webb County, Texas situated on property described as Block No.1, of the subdivisionplat of Laredo Airport according to the map or plat thereof recorded in Volume 5, Page I,plat records of Webb County, Texas. The property on which the building is situated is

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LEASE AMENDMENT BETWEEN THE CITY OF LAREDO AND M & M AIR CARGO AND DELIVERY SERVICE.INC.

more particularly described and depicted on "Exhibit A" attached hereto and incorporatedherein, all hereinafter referred to as the leased area, all within the Laredo InternationalAirport, and LESSEE hereby leases the said leased area from LESSOR.

1.02 TERM:

This lease is to be for a term of five (5) years commencing on May I, 2006, andending on April 30, 2011.

1.03 RENTAL OBLIGATION:

Subject to annual review for rent escalation, LESSEE herein agrees to pay toLESSOR monthly, in advance, the sum of Five Thousand TV/S Hundred Seventy FiveDollars ($5.275.00) Four Thousand and Three Hundred and Ninety Five Dollars andForty Four Cents ($4,395.44) base rent for each month starting August 1, 2008 andending on January 31, 2009, and ($1,244.00) base rent for each month starting onFebruary 1.2009 and during remaining term of this lease.

Monthly rentals shall be paid in advance on or before the first (l51) day of eachmonth, the first of such monthly rental payment (or proportionate part thereof, should thelease be effective on a day other than the first day of the month) being due on theeffective date of this lease.

The basic rent and such additional charges as accrued shall be paid by the first(l51) day of each month without notice, demand, counterclaim, setoff, deduction ordefense, and without abatement, suspension, deferment or diminution or reduction byreason thereof, and, except as otherwise provided in this agreement, the obligations andliabilities of the LESSEE shall not be affected by any circumstances or occurrences,including:

(a) Any damages to or destruction of the premises or any part thereof;

(b) Any restriction or prevention of or interference with any use of the leasedproperty or any part thereof;

(c) Any claim LESSEE has or might have against LESSOR;

(d) Notice of termination ofleasehold, whether by LESSOR or LESSEE.

1.04 RENTAL ESCALATION:

Without waiving other rental escalation prOVIsIons in this contract, monthlyrentals shall be adjusted annually during the primary and extension periods by an amountwhich is equivalent to the percent change in the Consumer Price Index (CPI) from thepreceding calendar year's average, specifically defined as the Consumer Price Index (U.

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S. Average, All Urban Consumers, All Items) 1982-84 = 100 Base as compiled by theBureau of Labor Statistics. This means that at the anniversary date of May 1, 2007, andannually thereafter, the rent will be adjusted according to the percent change in the CPI asthat date from that of the preceding calendar year (January-December).

Example:

1.

2.

First Anniversary:

Second Anniversary:

Base Rent x CPI = adjustment + base rent =rent for second year.Second year's rent x CPI =adjustment +second year's rent = rent for third year... etc.,annually until lease expiration or any extensionthereto.

1.05 OPERATIONAL REPORTING REQUIREMENTS:

Within fifteen (15) days after the close of each calendar month of this agreement,LESSEE shall submit to LESSOR, in a form and with detail satisfactory to LESSOR, atrue and accurate written monthly Operational Report, for activity conducted by LESSEEduring the preceding month. Such report shall detail the number of aircraft serviced byLESSEE during the preceding month to include aircraft owner, operating carrier, aircrafttype, aircraft number, weight of the aircraft, net weight of cargo, and any otherinformation which LESSOR may require.

LESSEE'S failure to submit the Operational Report within the required timeframeand Exhibit B which defines the reporting requirements of airline and ground handlingcompanies in accordance with Ordinance No. 99-0-242 will result in a material breach ofthis lease.

1.06 DEPOSIT:

In addition to the initial rental payment called for in paragraph 1.03, LESSEEshall deposit with LESSOR the sum of the amount equivalent to the first month's rent.The deposit held by LESSOR shall always be equivalent to the current rental requiredhereunder. The deposit shall be retained by LESSOR during the lease term or anyextension thereto, and, upon termination of the lease, shall be returned to LESSEE lessand except, and this will serve to authorize LESSOR'S withholding from such deposit,any monies then due and owing to the LESSOR by LESSEE under the terms of this lease,including but not limited to any costs of restoring the premises to the condition called forunder the terms hereof, as well as any other indebtedness caused, or charges owing, byLESSEE to LESSOR, reasonable wear and tear excepted.

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1.07 UTILITIES:

LESSEE shall provide and payor cause to be paid all charges for water, heat, gas,electricity, sewers, and any and all other utilities used on the premises throughout theterm of this lease, including any connections fees.

1.08 TAXES:

LESSEE agrees to pay and discharge promptly, before delinquency, any and alltaxes, impositions and government charges of any kind whatsoever that may be lawfullyassessed against the LESSEE or the LESSOR, with respect to the leased premises or anyimprovement, personal property, tools, equipment, furniture, fixtures or inventorythereon, during the term of this Lease including any extensions or option periods grantedthereto and LESSEE agrees to pay for all the costs and expenses of contesting any suchtaxes.

The LESSEE in good faith may contest any tax or governmental charge by meansprovided by law; provided that the LESSEE may not permit such tax or governmentalcharge to remain unpaid during the period of such contest and any appeal therefromunless, in the opinion of counsel satisfactory to LESSOR, such action will not adverselyaffect any right or interest of the LESSOR.

1.09 USE AND USE CONFLICT:

The leased area herein leased is to be used and occupied solely for the purpose ofair cargo and related aviation activities and no other use of the leased area is permitted.

Neither the leased premises nor any portion thereof shall be sublet, nor shall thislease or any interest therein be assigned, hypothecated or mortgaged by LESSEE, and anyattempted assignment, subletting, hypothecation or mortgaging of this lease shall be of noforce or effect, and shall confer no rights upon any assignee, sublessee, mortgagee orpledgee, but shall constitute a material breach of this contract.

In the event that LESSEE shall become incompetent, bankrupt or insolvent, or bedissolved, or should a guardian trustee or receiver be appointed to administer LESSEE'Sbusiness or affairs, neither this lease nor any interest herein shall become an asset of theguardian, trustee or receiver, and this lease shall immediately terminate and end.

1.10 LATE CHARGE:

Should LESSEE fail to pay when due any installment of rental, or any other sumpayable to the LESSOR under the terms of this Lease, then interest at the maximum legalrate then payable by tenant in the State of Texas shall accrue from and after the date onwhich any such sum shall be due and payable, and such interest shall be paid by LESSEEto LESSOR at the time of payment of the sum upon which such interest shall have

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accrued and acceptance of such late payment and late fee shall not be a waiver of any ofthe provisions or rights provided by this contract.

1.11 NET LEASE:

Notwithstanding any expenditures related to the acts or omissions of LESSOR, orLESSOR'S agents, employees, licensees, contractors, orinvitees, LESSOR shall not berequired to make any expenditures of any kind in connection with this Lease or to makeany repairs or improvements to the Premises. The parties agree that this is a net Leaseintended to assure LESSOR the rent served on an absolute net basis. In addition to therent served above, LESSEE shall pay to the parties entitled thereto all taxes, assessments,insurance premiums, maintenance charges, and any other charges, costs and expensesagainst the Premises which may be contemplated under any provisions of this Lease.

1.12 LESSOR'S WARRANTY OF QUIET ENJOYMENT:

The LESSOR covenants that as long as LESSEE is not in default of any provisionof this Agreement, LESSEE shall and may peaceably and quietly have, hold and enjoy theleased premises exclusively to it during the term hereof unless sooner terminated asprovided in this Agreement.

1.13 WARRANTY OF TITLE:

LESSOR hereby represents and warrants that it is the owner in fee simple absoluteof the leased premises, subject to any covenants, conditions, restrictions, easements, andother matters of record.

ARTICLE IIINDEMNITY, REPAIRS, ALTERATIONS AND INSURANCE

2.01 INDEMNITY AND NONCLAIM:

LESSEE hereby declares itself fully familiar with the physical condition of theleased premises and the improvements, fixtures and equipment leased herein, anddeclares that said premises were in good condition when possession of same was acceptedand that there were no latent defects in the facilities as those facilities are deemed vital tothe use of the premises for their intended commercial purpose.

LESSEE for itself, its agents, employees, servants, successors and assignspromises to hold harmless and indemnify LESSOR from and against any and all claimsby or on behalf of any persons, whether legal or equitable, including governmentalbodies, arising from the conduct or management of or from any work or thing done andfrom any conditions of the leased buildings or other structures, sidewalks, driveways, orparking areas and facilities on the leased premises or any street, curb, or sidewalkadjoining thereon, and from all costs, attorney's fees, witness fees, expenses and

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liabilities incurred in or about any such claim or action or proceeding brought thereon;except any and all actions or proceedings arising out of the sole negligence or willful actof LESSOR, its employees, agents, or representatives from which LESSOR shallindemnify and hold LESSEE harmless; and in the event that any action or proceedingbrought against the LESSOR by reason of such claim, the LESSEE upon notice from theLESSOR covenants to resist and defend such actions or proceedings.

LESSEE agrees for itself, its agents, servants, employees, successors and assignsthat it will not bring suit against the LESSOR or assign any cause of action resulting fromaccident, fire, noise, or disturbance from the operation, maintenance, accident, crash, orcrash landing of any airplane in the Laredo International Airport area or in the vicinity of-the Laredo International Airport, or during any operation of aircraft over the premises,except any such cause of action arising out of the negligence or willful act of LESSOR,its employees, agents, or representatives.

LESSEE also holds LESSOR blameless for any damage to or destruction ofLESSEE'S property located on leased premises, including that caused by naturaloccurrence, or any other cause whatsoever, unless caused by LESSOR'S employees,agents, or representatives while said employees, agents or representatives are acting in thecourse or scope of their duties for the LESSOR.

2.02 LESSEE'S DUTY TO REPAIR:

LESSEE shall, throughout the term of this lease, take good care of the leased areaand the fixtures and appurtenances therein and at its sole cost and expense make allrepairs whereby structural or non-structural, thereto as and when needed to preserve themin good working order and condition. In this regard, LESSEE is responsible for themaintenance and repair at LESSEE'S sole cost and expense of all windows, doors,plumbing, electrical, light fixtures, plumbing fixtures, air conditioning system, painting ofinterior and exterior walls when needed, floor covering and other non-structural repairs.As well a structural repairs including the roof, walls, whether interior or exterior,foundation and any other structural component of the building. Necessary modificationsto the demised premises to comply with the Americans with Disabilities Act will be theresponsibility of the LESSEE.

Damage or injury to the premises, fixtures, appurtenances whether requiringstructural or non-structural repairs, caused by or resulting from carelessness, omission,neglect or improper conduct of LESSEE, its servants, employees, or licensees, shall berepaired promptly by LESSEE at LESSEE'S sole cost and expense, to the satisfaction ofLESSOR.

LESSEE herein agrees to promptly notify LESSOR of any accident to or anydefects in, utility system or structure, including, but not limited to, water pipes, drainagepipes, and air conditioning ducts.

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The LESSOR or his designee is expressly granted the right to access any utilitysystem for structure and the right to enter the leased area to inspect and repair, ifnecessary, any such system(s) or structure(s) for its work or repair, the cost of same shallbe apportioned among the LESSOR or LESSEES, if used in common, and served by suchsystem(s) or structure(s). The reasonable cost of such repair shall be determined by theLESSOR.

2.03 ALTERATIONS:

LESSEE is granted the right to make alterations to the leased area other thanstructural alterations or repairs at LESSEE'S sole cost and expense subject to thefollowing terms and conditions:

(a) LESSEE must first obtain the written consent of LESSOR. LESSORreserves the right to reject any proposed extension, repair or alteration, any particularcontractor or each and every subcontractor, or the complete project.

(b) Ultimate title to an alteration properly consented to by LESSOR will restwith LESSOR immediately upon completion and will remain in LESSOR'S possession attermination of LESSEE'S tenancy.

(c) Trade fixtures, movable furniture, and other service equipment of LESSEEpeculiar to LESSEE'S business are not to be included in alterations, and must be removedby LESSEE, upon termination of lease, provided LESSEE is not in default of leaseobligations.

LESSOR reserves the right to demand that LESSEE restore the premises toreasonably the same condition and state as the premises were found prior to making suchalterations, in a manner acceptable to LESSOR, and to demand that LESSEE pay all costso such restoration, upon termination of lease.

LESSEE further agrees that any damages as may be caused by the installation orremoval of trade fixtures discussed in condition (c), will bind LESSEE to repair saiddamage expeditiously at LESSEE'S sole expense upon written notice by LESSOR.

LESSOR maintains and reserves the right to make alterations and remodelingchanges, provided said work does not unduly or unreasonably interfere with LESSEE'Sday-to-day operations and business.

2.04 INSURANCE:

(a) Fire and Extended Coverage Insurance: The leased area is covered underthe LESSOR'S Master Insurance Coverage. Premiums are paid by the LESSOR for itssole benefit and protection.

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(b) Contents: Insurance on the contents of the leased area IS the soleresponsibility of the LESSEE.

(c) Public Liability Insurance: LESSEE agrees to indemnify and holdLESSOR harmless from any and all claims, damages, causes of action, cost and expense,including attorney's fees resulting from or related to LESSEE'S use and occupancy of theleased premises, except any such claims, damages, causes of action, costs and expensesarising out of the negligence or willful act of LESSOR, its employees, agents, orrepresentatives from and against which LESSOR shall indemnify and hold LESSEEharmless. In this connection, LESSEE shall carry and maintain Public Liability Insurancein minimum amounts of Five Hundred Thousand Dollars ($500,000.00) per incident, andOne Hundred Thousand Dollars ($100,000.00) property damage per incident, in whichLESSOR shall be named as additional insured. Such policies shall provide that sameshall not be cancelled without thirty (30) days prior written notice to LESSOR, andLESSOR shall be furnished,within thirty (30) days from the effective date of this lease,with a copy of such proof of insurance. However, LESSEE shall maintain public liabilityinsurance at all times throughout the term of this lease. LESSOR reserves the right tomake its acceptance of an insurance company a condition of this lease such thatdisapproval or revocation of approval thereof shall authorize LESSOR to terminate thislease.

ARTICLE IIIDEFAULT, HOLDING OVER AND ABANDONMENT

3.01 LESSEE'S DEFAULT:

It is covenanted and agreed to by both parties that in the event that:

(1) LESSEE should fail to timely pay the full amount of rent and feesprovided for herein; or

(2) LESSEE defaults in the performance of any of the covenants, conditions,or agreements provided for herein to be kept and performed by LESSEE, including, butnot limited to, the provisions for carrying Public Liability Insurance; or

(3) LESSEE permits the leased premises to be used for any unauthorized orunlawful business or purpose; or

(4) LESSEE assigns or subleases or otherwise transfers this lease; or

(5) LESSEE files a voluntary petition of bankruptcy or makes a generalassignment for the benefit of creditors; or

(6) LESSEE abandons the premises or leaves the premIses vacant orunoccupied for thirty (30) consecutive days;

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Then, and in any event, the LESSOR may, at its option and without waiving anyother rights that LESSOR has under this contract at any time after such default, givenotice of this specific default or failure of performance and demand immediate correctionof such default or failure of performance by the LESSEE. In the event that LESSEE failsto remedy the default or to correct the failure of performance within thirty (30) days afterservice or such written notice, the LESSOR shall have the right to:

(a) Terminate the lease and re-enter the leased premises and remove allpersons and any and all personal property therefrom and LESSEE hereby agrees tosurrender the premises to LESSOR, without waiving LESSOR'S right to past and futurerents due hereunder. In such event, LESSOR may re-let the premises to other prospectivetenants for the remainder of the term of this lease, and LESSEE shall be liable for anyloss to LESSOR incurred in such re-letting for the terms of this lease, including but notlimited to, rent, attorney's fees, if any; and/or

(b) Remedy the default and deduct the expenses incurred in remedying suchdefault from the security deposit held by LESSOR pursuant to the terms of this lease.

Notwithstanding any provision as to notice in this lease contained, if in theLESSOR'S reasonable judgment the continuation of any default by the LESSEE for thefull period of the notice otherwise provided for herein will jeopardize the leased area orthe rights of LESSOR, the LESSOR may, without notice, elect to perform those acts inrespect to which LESSEE is in default, at LESSEE'S sole cost and expense, and LESSEEshall thereupon reimburse the LESSOR within ten (10) days of written request byLESSOR to LESSEE for such reimbursement. Failure of the LESSEE to reimburse inthese circumstances shall mean that the LESSOR has the immediate right to terminatethis lease.

3.02 RIGHTS ON DEFAULT:

LESSOR shall have a statutory landlord's lien on all merchandise, goods, chattels,implements, fixtures, tools, furniture, machinery and any other personal property whichLESSEE now or at any time hereafter may place in or upon the premises, all exemptionof said property, or any part of it being herein expressly waived by the LESSEE.

LESSOR IS HEREBY GRANTED AN EXPRESS CONTRACTUALLESSOR'S LIEN ON THE ABOVE GOODS, ALL OR ANY EXEMPTION BEINGHEREBY WAIVED BY LESSEE, BUT WITHOUT LIMITING LESSEE'S RIGHTTO SELL, EXCHANGE OR REPLACE SUCH GOODS FROM TIME TO TIMEIN THE ORDER OR COURSE OF BUSINESS OR TRADE.

Default on rent entitles LESSOR, at its option, to take whatever lawful actionreasonably necessary to protect LESSOR'S interest in said property, including the storingof liened goods for payment for a reasonable time, as well as the selling of such goods at

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public or private auction for rent due, without waiving LESSOR'S right to the total rentdue.

3.03 ATTORNEY'S FEES:

In case LESSEE defaults in the performance of any of the terms, covenants,agreements or conditions contained in this lease and LESSOR places the enforcement ofthe terms of this lease or any part thereof, or the collection of any rent due, or to becomedue hereunder, or recovery or possession of leased premises, in the hands of an attorney,or files suit upon same, LESSEE agrees to pay LESSOR reasonable attorney's fees andpayment of same shall be secured in a like manner as herein provided as to lien for rentdue.

3.04 HOLDING OVER:

Staying over past the term of this lease will constitute the LESSEE, uponacceptance of rental payment by LESSOR, a month-to-month tenant, at a revised rentalrate of one and one half (1.5) times the rate prior to holding over. All CPI rentaladjustments occurring during such hold over tenancy shall be in effect based on therevised rental rate.

3.05 ABANDONMENT:

If the leased area is abandoned or vacated by LESSEE, for a period exceedingthirty (30) calendar days, LESSOR shall advertise and re-Iet the premises for theremainder of the term of this lease. Notwithstanding any other provision herein, if rentreceived including charges, does not equal rent and charges agreed to herein by LESSEE,LESSEE shall remain liable and herein agrees to pay and satisfy all· deficiencies and allreasonable expenses incurred in reletting and repair any damages.

3.06 LESSOR'S REPRESENTATION AND WAIVER:

Any representations by LESSOR regarding LESSEE'S leasehold interest areembodied in this writing.

The waiver by LESSOR to LESSEE of performance of any provision of thisagreement shall not amount to a future waiver of strict performance of such provision orany other provision of this agreement. Any waiver of this lease agreement shall be inwriting and approved by the LESSOR.

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3.07 ANTI-DISCRIMINATION CLAUSES MANDATED BY FEDERALGOVERNMENT:

(a) TITLE VI OF THE CIVIL RIGHTS ACT OF 1964: The LESSEE foritself, its agents, servants, employees, successors and assigns, as a part of theconsideration hereof, does hereby covenant and agrees a covenant running with the landthat:

(l) No person on the grounds of race, color or national origin shall beexcluded from participating in, denied the benefits of, or be otherwise subjected todiscrimination in the use of said facilities;

(2) That in the construction of any improvements on, over, or undersuch land and the furnishing of services thereon, no person on the grounds of race, color,or national origin shall be excluded from participation in, denied the benefits or otherwisebe subjected to discrimination;

(3) That the LESSEE shall use the premises in compliance with allother requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination inFederally Assisted Programs of the Department of Transportation, and as saidRegulations may be amended;

(4) That in the event of breach of any of the precedingnondiscrimination covenants, LESSOR shall have the right to take such action, anythingto the contrary herein notwithstanding as the United States may direct to enforce thisnondiscrimination covenant.

(b) That the LESSEE shall use the premises in compliance with allrequirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in FederallyAssisted Programs of the Department of Transportation, and as said Regulations may beamended.

(c) That in the event of breach of any of the preceding nondiscriminationcovenants, LESSOR shall have the right to terminate the license, lease, permit, etc., andhold the same as if said lease had never been made or issued.

(d) AIRPORT AND AIRWAYS DEVELOPMENT ACT OF 1970: TheLESSEE for itself, its agents, servants, employees, successors and assigns, as a part of theconsideration hereof, does hereby covenant and agrees to a covenant running with theland that:

1. LESSEE will furnish services on a fair, equal and not unjustlydiscrimination basis for all users thereof;

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2. LESSEE will charge fair, reasonable and not unjustlydiscriminatory prices for each unit or service; provided, that the LESSEE shall givediscounts, rebates, or other similar types of price reduction to volume purchasers;

3. LESSEE assures that it will undertake an affirmative actionprogram as required by 14 CFR Part 152, Subpart E, to ensure that no person shall on thegrounds of race, creed, color, national origin, or sex be excluded from participating in anyemployment activities covered in 14 CFR Part 152, Subpart E. The LESSEE assures thatno person shall be excluded on these grounds from participating in or receiving theservices or benefits of any program or activity covered by this subpart. The LESSEEassures that he will require that its covered suborganizations provide assurances to theLESSEE that they similarly will undertake affirmative action programs and that they willrequire assurances from their suborganizations, as required by 14 CFR Part 152, SubpartE, to the same effect.

ARTICLE IVMISCELLANEOUS

4.01 NON-EXCLUSIVE USE:

It is understood that nothing herein contained shall be construed to grant orauthorize the granting of an exclusive right unless specifically identified herein.

4.02 TRAILERS, ABANDONED VEHICLES EXPRESSLY PROHIBITED:

Towed vehicles, or motor vehicles not currently licensed and actively used are notto be permitted onto the premises or any common parking area within the LaredoInternational Airport. Under this provision, vehicles, RV trailers, travel homes, andmobile homes, wrecked or abandoned vehicles, must be removed at LESSEE'S expense,and failure to do so will constitute a breach of this lease.

4.03 CAPTIONS:

Articles and headings are inserted only as a matter of convenience and forreference and in no way define, limit or describe the scope or intent of any provisionhereof, nor are they meant to bind the LESSOR or LESSEE to the meaning of suchheading.

4.04 CONSTRUED PURSUANT TO TEXAS LAW:

This agreement shall be construed under and in accordance with the laws of theState of Texas, and performed in Webb County, Texas.

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4.05 RE-ENTRY:

No re-entry, repossession, operations, or reletting of the premises or of fixturesand equipment shall be construed as an election by LESSOR to terminate this lease unlessa written notice of such intention to terminate is given by LESSOR to LESSEE andnotwithstanding any such operation or reletting without terminating this lease, LESSORmay at any time thereafter elect to terminate this lease.

4.06 NON-EXCLUSIVE USE OF PARKING AREA:

LESSEE, its employees, agents, clients, and guests shall have reasonable use ofdesignated parking areas immediately adjacent to the leased premises and within theLaredo International Airport, subject to the rights of LESSOR to change such designationand to impose reasonable rules and regulations for the use of such areas.

4.07 BINDING AGREEMENT:

Subject to the provisions herein, all agreements, terms, obligations, covenants,and conditions of this lease shall be binding upon and insure to the benefit of the partieshereto and their respective employees, agents, servants, legal representatives, successors,and assigns unless otherwise prohibited or otherwise noted in this instrument.

4.08 NOTICES:

Any notices which are required hereunder, or which either LESSOR or LESSEEmay desire to serve upon the other shall be in writing and shall be deemed served whendeposited in the United States mail, postage prepaid, return receipt requested, addressedto LESSEE as follows:

M & M Air Cargo and Delivery Service, Inc.Attn: Mr. Guillermo Castro, President5103 Maher AvenueLaredo, TX 78041

and to LESSOR: Office of the Airport ManagerLaredo International Airport5210 Bob Bullock LoopLaredo, Texas 78041

4.09 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS:

Further, LESSEE will keep and maintain the leased area in a clean and healthfulcondition and comply with the laws, ordinances, orders, rules and regulations (State,

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Federal, Municipal and other agencies or bodies having any jurisdiction hereof) withreference to use, conditions, or occupancy of the leased area. .

4.10 OUTSIDE STORAGE PROHIBITED:

Storage of vehicles, equipment, supplies, or any other items outside of the leasedbuilding(s) is prohibited, unless the storage area is fenced and approved by the LESSOR.

4.11 FIRE CLAUSE:

Should the leased area be destroyed by fire or casualty to the extent that it is nolonger reasonably appropriate for LESSEE'S use and occupancy of said premises,LESSEE shall have the option to cancel this lease upon written notice to LESSOR withinthirty (30) days of the date the premises are rendered untenantable or restoring said leasedarea in a reasonable, sufficient, and timely manner at LESSEE'S sole cost and expense, inwhich case this lease shall continue in accordance with all of its terms and conditions.Failure of LESSEE to give notice of cancellation within said thirty (30) day period shallmean that the LESSEE exercises its option to continue the lease in force and effect.Rental during the period that the premises are being restored hereunder shall be abated.

4.12 AREA SURROUNDING BUILDING:

In addition to LESSEE'S obligations to maintain the building herein leased,LESSEE agrees to maintain in a safe, clean, well-kept and orderly condition theimmediate area surrounding said building, and as shown on the attached Exhibit A toinclude the right-of-way areas up to the street curb. It is agreed in this connection that theLESSEE shall keep said area free from litter or other unsightly trash, or refuse, will keepthe grass cut, the weeds controlled, will water the lawn and trees when needed and willmaintain the outside of the building and said area in a neat and orderly fashion.

LESSOR reserves the right to maintain or have maintained the building (s) and/orgrounds associated with the lease agreement for environmental and/or public healthreasons. LESSEE agrees to promptly reimburse LESSOR for all expenses incurred in themaintenance of building(s) and/or grounds, within ten (10) days of receipt of statement.Failure to so will constitute breach of contract and LESSEE will be in default of the leaseagreement.

4.13 GARBAGE STORAGE AND DISPOSAL:

LESSEE agrees to store all accumulated garbage in a neat and clean manner, as anessential element of its responsibilities for neatness of the premises, LESSEE herein alsoagrees that garbage carrying and disposal is its sole responsibility, and agrees to complywith all rules and ordinances of the City and State regarding it storage and disposal.

Page 15


4.14 IMPROVEMENTS VESTED IN LESSOR:

The parties agree that the obligation and promise of LESSEE, as expressed herein,to make repairs and improvements and maintain the leased premises is a part of the totalconsideration for this lease agreement. Therefore, all right, title, and interest in and tosaid repairs or improvements shall at all times herein be vested in LESSOR, subject onlyto the right of LESSEE to use and possession of said building and improvements duringthis lease term plus any extensions hereof as provided in said building so long as LESSEEis not in default of any of the terms of this agreement. It shall be the obligation ofLESSEE to maintain and repair the said leased area and improvements during the term ofthis lease or any extension thereof. Upon termination, interest in and to the said repairs orimprovements shall remain vested in LESSOR, and LESSEE shall not have any furtherrights therein nor be entitled to any reimbursement by reason of LESSEE'S maintenance,improvements, repair or use of said leased area.

4.15 SUBORDINATION OF LEASE:

This lease shall be subordinated to the provIsions of any existing or futureagreement between LESSOR and the United States, relative to the operation ormaintenance of the Airport, the execution of which has been or may be required as acondition precedent to the expenditure of Federal Funds for the development of theAirport.

It is expressly understood and agreed that this lease is subject to and subordinateto and controlled by provisions, stipulations, covenants and agreements contained inthose certain contracts, agreements, resolutions and actions of the City and United Statesof America and its agents included but not limited, to the Federal AviationAdministration (FAA) and all regulations now and hereafter imposed upon the City andthat the LESSOR shall not be liable to LESSEE on account of any of the foregoingmatters and all of such contracts, agreements, resolutions and regulations are incorporatedherein by reference, and if said provision of this lease is determined to be a variance withsame, such provision is unilaterally reformable at LESSOR'S option.

The parties agree that as of the date of execution of this contract there exists noprovisions, stipulations, covenants, or agreements which would prohibit LESSEE fromusing the leased premises for the purpose et forth in Paragraph 1.10; titled "Use and UseConflict" in this agreement.

4.16 NATIONAL EMERGENCY:

During the time of war and national emergency, LESSOR shall have the right tolease the landing area or any part thereof to the United States Government for military ornaval use, and, if such lease is executed, the provisions of this instrument insofar as theyare inconsistent with the provisions of such lease to the Government, shall be suspended.

Page 16


4.17 AIRPORT HAZARD:

The LESSEE and its agents, servants, employees, successors and assigns, will notmake or permit any use of the property which would interfere with landing or taking offof aircraft at the Airport, or otherwise constitute an airport hazard. This includes suchitems as electrical or electronic equipment, creation of smoke or dust or glaring ormisleading lights.

4.18 NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION:

The LESSEE and its successors and assigns will complete an FAA Form 7460-1,"Notice of Proposed Construction or Alteration", and receive a favorable determinationfrom FAA prior to any construction on the property.

4.19 AERIAL APPROACHES:

LESSOR reserves the right to take any action it considers necessary to protect theaerial approaches of the Airport against obstruction, together with the right to preventLESSEE from erecting, or permitting to be erected, any building or other structure on oradjacent to the Airport which, in the opinion of the LESSOR, would limit the usefulnessof the Airport or constitute a hazard to aircraft.

4.20 AIRPORT SECURITY:

LESSEE covenants and agrees that it will at all times maintain the integrity of theAirport Security Plan and TSR Part 1542, as amended from time to time. ShouldLESSEE, through a negligent act of its own, allow access to the Security IdentificationDisplay Area to an unauthorized person or persons, and LESSOR should be cited a civilpenalty for the LESSEE'S breach of security, LESSEE agrees to reimburse LESSOR forany monetary civil penalty which may be imposed upon LESSOR by the Federal AviationAdministration..

4.21 TIME OF ESSENCE:

Time is of the essence in this agreement.

4.22 PREMISES LEASED "AS IS":

Premises are leased AS IS and there is no expressed or implied warranty on thecondition or suitability of the building.

Page 17


4.23 PROVISIONS:

Any provision in this Lease which proves to be invalid, void, or illegal shall in noway affect, impair or invalidate any other provision hereof and the remainder of thisLease shall remain in full force and effect.

4.24 AGREEMENT:

This Agreement consists of Article I through IV and Exhibit A. It constitutes theentire agreement of the parties on the subject matter hereof and may not be changed,modified, discharged, or extended except by written instrument duly executed by theLESSOR and LESSEE. LESSEE agrees that no representations or grant of rights orprivileges shall be binding upon and the LESSOR unless expressed in writing in thisAgreement.

EXECUTED on this day of • 2008.

CITY OF LAREDOa municipal corporation

By: _CARLOS VILLARREALCITY MANAGER

ATTEST:



BY: _VALERIA M. ACEVEDOASSISTANT CITY ATTORNEY

GO AND DELIVERY/.

Page 18

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DATE:1/5/09

COUNCIL COMMUNICATION

SUBJECT: INTRODUCTORY ORDINANCE

Authorizing the City Manager to execute an easement to AEP Texas CentralCompany for routing of aerial electrical facilities to serve MHOC BoosterStation south of Springfield. The said easement containing 1,569.08 sq. ft.tract of land, being out of a 12.417 Acre Tract, recorded in vol. 296, pgs. 214216, W.C.D.R., City of Laredo, Webb County, Texas and being described onattached Exhibit A; and providing for an effective date.

INITIATED BY:Cynthia Collazo,Deputy City Manager

PREVIOUS COUNCIL ACTION:None

BACKGROUND:

STAFF SOURCE:Rogelio Rivera, P.E., City EngineerRonnie Acosta, CD Director

AEP Texas Central Company has requested that the City of Laredo grant an easement for therouting of aerial electrical facilities at MHOC Booster Station.

The said easement consists of 1,569.08 sq. ft. out of a tract- of land being out of a 12.417 acretract, which will serve to provide electrical services for MHOC Booster Station improvements.

That being the case, it is in the best interest of the City of Laredo to grant the abovereferenced easement to AEP Texas Central Company, as described on attached Exhibit A.

FINANCIAL IMPACT:None

COMMITTEE RECOMMENDATION:N/A

STAFF RECOMMENDATION:Staff recommends introduction of

Ordinance.

ORDINANCE

AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENTTO AEP TEXAS CENTRAL COMPANY FOR ROUTING OF AERIALELECTRICAL FACILITIES TO SERVE MHOC BOOSTER STATIONSOUTH OF SPRINGFIELD. THE SAID EASEMENT CONTAINING1,569.08 SQ. FT. TRACT OF LAND, BEING OUT OF A 12.417 ACRETRACT, RECORDED IN VOL. 296, PGS. 214-216, W.C.D.R., CITY OFLAREDO, WEBB COUNTY, TEXAS AND BEING DESCRIBED ONATTACHED EXHIBIT A; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, AEP Texas Central Company has requested that the City ofLaredo grant an easement for the routing of aerial electrical facilities at MHOCBooster Station, and

WHEREAS, the said easement consists of 1,569.08 sq. ft. out of a tract of landbeing out of a 12.417 acre tract, which will serve to provide electrical services forMHOC Booster Station improvements, and

WHEREAS, That being the case, it is in the best interest of the City ofLaredo to grant the above-referenced easement to AEP Texas Central Company,as described on attached Exhibit A.


A. It hereby authorizes the City Manager to execute all necessarydocuments to grant an easement to AEP Texas Central Company toroute aerial electrical facilities to serve MHOC Booster. The saideasement containing 1,569.08 sq. ft. tract of land, being out of a12.417 Acre Tract, recorded in vol. 296, pgs. 214-216, W.C.D.R., Cityof Laredo, Webb County, Texas, and being described on attachedExhibit A ;

B. This Ordinance shall become effective upon passage thereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYORON THIS DAY OF , 2009.


1

ATTEST:

GUSTAVO GUEVARA, JRCITY SECRETARY

2

EASEMENT AND RIGHT OF WAY

That the undersigned, CITY OF LAREDO, a municipal corporation ("Grantor"), for and inconsideration of the sum ofTen Dollars ($10.00) cash, and other good and valuable

consideration to Grantor in hand paid by AEP Texas Central Company, a Texas corporation,whose address is P.O. Box 2121, Corpus Christi, Texas 78403 ("Grantee"), the receipt andsufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD, andCONVEYED and by these presents does hereby GRANT, SELL, and CONVEY unto Grantee,its successors and assigns, a perpetual easement and right ofway for electric distribution lines,consisting ofpoles made of wood, metal, or other materials, crossarms, static wires, guys, wirecircuits, underground cables and conduits, communication circuits, insulators, met~ringequipment and all necessary or desirable appurtenances (including, but not limited to,transformers, meters, vaults, and service pedestals) over, under, across and upon the followingdescribed land located in Webb County, Texas, to-wit:

A tract ofland containing 1,569.08 sq. ft., being out ofa 12.417 acres tractrecorded in Volume 296, pages 214-216, of the Webb County Deed Records, inthe City ofLaredo, Webb County, Texas; said 1,569.08 sq. ft. tract ofland beingmore particularly described by metes and bounds in Exhibit A" attached hereto.

Together with the right of ingress and egress over, under, across and upon said land andGrantor's adjacent land for the purpose ofconstructing, operating, reconstructing on poles orburying and replacing underground cables and conduits (including necessary ditching anbackfilling), enlarging, inspecting, patrolling, repairing, maintaining, upgrading and removingsaid lines, circuits, underground cables and conduits, poles, wires and appurtenances; the right torelocate along the same general direction of said lines, cables and conduits; and the right toremove from said land all structures, obstructions, trees and parts thereof, using generallyaccepted vegetation management practices which may, in the sole judgment of Grantee, endangeror interfere with the safe and efficient operation and maintenance of said lines, cables, conduitsor appurtenances.

Grantor reserves the right to use the land subject to said easement and right of way in anyway that will not unreasonably interfere with Grantee's exercise ofthe rights hereby granted.However, Grantor shall not construct or permit to be constructed any house or other aboveground structure on or within the easement area without the express written consent of Grantee.

TO HAVE AND TO HOLD the above described easement and rights unto Grantee, itssuccessors and assigns forever. Grantor binds itself, its successors and assigns to warrant andforever defend all and singular the above described easement and rights unto the said Grantee, itssuccessors and assigns, against every person whomsoever lawfully claiming or to claim the sameor any part thereof.

EXECUTED on this _ day of January, 2009.

EXHIBIT

i I

CITY OF LAREDO,a municipal corporation

By: _Carlos R. VillarrealCity Manager

STATE OF TEXAS

COUNTY OF WEBB

This instrument was acknowledged before me on the _ day of January, 2009, by CarlosR. Villarreal, City Manager, of the City of Laredo, a municipal corporation, on behalf of saidcorporation.

Notary Public, State ofTexas

Ref; AEP: AMcG.12-22-2008

HILLTOP SUBDIVISION PHASE IIVol. 19, Pgs. 18-20, P.R.W.C.T.

--

EXHIBIT

i A

THENCE, N15OJ2'5rW. a distance of 54.92 feet to a set ironpin on said south boundaty line of Hilltop Subdivision Phase 11.for an exterior <:orner and pointofdeflection to the left;

THENCE, S62°37'33"W, along said south boundary line ofHill·top Subdivision Phase U. a distance of 30.15 feet to the POINTOF·BEGINNING oftbis tract of land, oontaining 1,569.08 sq.ft.in the City ofLllRdo, Webb County, Texas.

THENCE, SI4"20'S4"E, a distance of49.70 feet to a set iron pin,for an exteriorc:omet and point ofdeflection to the left;

METFS AND BOUNDS DESCRIPTION

THENCE, N72°40'16"E, a distance of 30.57 feet to a set ironpin, for an exterior oomer and point ofdeflection to the left;

An AEP S-ement containing 1,569.08 sq.ft., being out of a12.411 Acre Tract. RCOtded in volume 296, pages 214-216, of tileWebb County Deed Records, in the City of Laredo, WebbCounty, Texu; said 1,569.08 sq.ft. tract of land being more particuledy descnDed by metes and bounds as foUews:

COMMENCING at a fOlDld <:oncrete monument. being an in~

rior <:orner on the south bolllldary line of Hilltop SubdivisionPhase U. as recorded in volume 19, pages 18-20, Plat Records ofWebb County, Texas;

THENCE, N62037'33"E, along said south boundary line of HiD·top Subdivision Phase n, a distance of 79.37 feet to the POINTOF BEGINNING hereof;

CITY OF LAREDO12.417 Acre Tract

Vol. 296, Pgs. 214-216,W.C.D.R.

AEP EASEMENT1",569.08 SQ.Fr.

SCALE: ," ~ 50'

S14"20'54"E49.70'

LEGEND:'8 Found Cone. MonumentIS Found Iron PinB PKNoilIi Set Iron Pin

8" Security Light• Power Pole• Water Meter... Electric Box

W.C.D.R. WEBB COUNTY DEED RECORDS.

P.R.W.C.T. PLAT RECORDSWEBB COUNTY, TEXAS.

Basis for BearingsThe bearings for this survey were based anthe plat of Hilltop Subd. Phase II. recorded invol. '9. pgs. 18-20, P.R.W.C.T.

/"

SURVEYof

A 1,569.08 sq. ft. Tract of Land,being out of a 12.417 AcreTract, recorded in vol. 296,

pgs. 214-216, W.C.D.R.,City of Laredo,

Webb County, Texas.

I, Rogella Rivera, Registered Professional LandSurveyor of the State of Texas do hereby certify thatthe foregoing is true and correct and was preparedfrom an actual survey on the ground and fromrecord .information available made under mysupervision this_.h.Ld0:t of..Q.,ecember 2008.·Wilness..rnyhond and sool thiS 2nd. day of December. 2008•

..~~:;;ii:~:~~6i>' :: . '-lio ··Rivero P.E.

00 qs·:.R:P.L.?,. No. 3052

~'1i;~~l~"J<.··lV,~:>.l> ·'"'.·;'CITY OF LAREDO

, .ENGINEERING DEPARTMENT__ 11)0 HOUSTON ST. LAREDO. lX. 78040

DRAWN :

CHECKED

BY:

c.. Chapa

R. Rivera

DATE:

12-02-08

12-02-08

DATE:1/5/09


SUBJECT: Final Reading of Ordinance 2009-0-001Amending the City of Laredo FY 2008-2009 annual budget by establishing a newSpecial Revenue Fund, titled LEC Operations, by appropriating revenues andexpenditures in the amount of $2,492,047 and amending the Sports & CommunityVenue fund by appropriating expenditures in the amount of $1,475,439; $719,381 for atransfer out to LEC Operations and $756,058 for the City's and Arena Venture'sbalance of the Renewal and Replacement account.

INITIATED BY:Carlos R. Villarreal, City ManagerHoracio De Leon, Assistant City Manager

STAFF SOURCE:Rosario C. Cabello, Financial Services DirectorMartin Aleman, Budget Manager

PREVIOUS COUNCIL ACTION:City Council approved a motion to hold a workshop during the Council Meeting on June 2, 2008. Aworkshop was held on June 24, 2008. On September 2, 2008 Council authorized and directed the CityManager to execute a contract with SMG for management services for the operations of the LaredoEntertainment Center.

BACKGROUND:

A presentation of the current operations of the LEC was discussed with possible action on restructuring theexisting operating agreement with Laredo Arena Operating L.P. and the relationship between all parties andthe negotiation of agreements between all parties to insure the continued operations of the LEC on June 2,2008.

FINANCIAL IMPACT:Original Amended ProposedBudget BUdget Budget Amendment

LEe Operation Fund

Open Balance $ - $ - $ - $ -Revenues $ - $ - $ 2,492,047 $ 2,492,047

Expenditures $ - $ - $ 2,492,047 $ 2,492,047

Ending Balance $ - $ - $ - $ -

Sport and Community Venue Sales Tax Fund

Open Balance $ 17,142,959 $ 17,142,959 $ 17,142,959 $ -Revenues $ 7,062,356 $ 7,062,356 $ 7,062,356 $ -Expenditures $ 3,304,369 $ 3,304,369 $ 4,779,808 $ 1,475,439

Ending Balance $ 20,900,946 $ 20,900,946 $ 19,425,507 $ (1,475,439)

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:Approval of Final Reading of Ordinance 2009-0-001

ORDINANCE NO. 2009-0-001

AMENDING THE CITY OF LAREDO FY 2008-2009 ANNUAL BUDGET BYESTABLISHING A NEW SPECIAL REVENUE FUND, TITLED LECOPERATIONS, BY APPROPRIATING REVENUES AND EXPENDITURES INTHE AMOUNT OF $2,492,047 AND AMENDING THE SPORTS &COMMUNITY VENUE FUND BY APPROPRIATING EXPENDITURES IN THEAMOUNT OF $1,475,439; $719,381 FOR A TRANSFER OUT TO LECOPERATIONS AND $756,058 FOR THE CITY'S AND ARENA VENTURE'SBALANCE OF THE RENEWAL AND REPLACEMENT ACCOUNT.

WHEREAS, an operating agreement between the City of Laredo and Laredo Arena OperatingL.P., was executed on February 5, 2001; and

WHEREAS, on May 21, 2007 amendment no. 2 to the operating agreement was executed in orderto provide [mancial assistance to Arena Operating L.P.; and

WHEREAS, on June 2, 2008 Arena Operating L.P., requested that the City take over theoperations of the Laredo Entertainment Center; and

WHEREAS, on September 2, 2008 the City Council authorized execution ofa contract with SMG,for management services for the operations ofthe LEC;

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

LAREDO, TEXAS;

Section 1: Authorizing the City Manager to Amending the City of Laredo FY 2008-2009 annual

budget by establishing a new special revenue fund, LEC Operations, by appropriating revenues

and expenditures in the amount of$2,933,101 and amend the Sports & Community Venue fund by

appropriating expenditures in the amount of $1,475,439; $719,381 for a transfer out to LEC

Operations and $756,058 for the City's and Arena Venture's balance of the Renewal and

Replacement account.

Section 2: This Ordinance shall become effective upon passage thereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE__~DAYOF ,2008.

ATTEST:


APPROVED AS TO FORM:RAUL CASSOATTORNEY



DATE: SUBJECT: FINAL READING OF ORDINANCE #2009-0-002Amending the City of Laredo Fiscal Year 2009 Information Technology Fund budget by

01/05/2009 drawing down $400,000.00 from opening balance and designating it as a transfer out to theCapital Improvement Project Fund and amending the City of Laredo Fiscal Year 2009Capital Improvement Project Fund by appropriated $850,000 in revenues and expenditure~

to be used for parks surveillance system, a wireless broadband system (motomesh) for thedowntown district, and repairs and furnishings for the fire stations.

INITIATED BY: STAFF SOURCE:Carlos Villarreal, City Manager Rosario C. Cabello, Director Of Financial ServicesPREVIOUS COUNCIL ACTION:City Council adopted the budget for fiscal year 2009 on September 15,2008 through Ordinance 2008-0183.

BACKGROUND:A presentation by Motorola, Inc. on a wireless communication network with a proposal that consists of aParks Surveillance System and a downtown motomesh project will be made to City Council with a futun:consideration to award a contract to Motorola, Inc. through the State of Texas, Department of InformatiorService Department contract for the parks surveillance system and motomesh project.

A request has been made by the Fire Department for additional funds in the amount of $50,000 to continueefforts in refurbishing and repairing the City's Fire Stations.

The proposed budget amendments will provide the funding necessary for the above mentioned projects.

FINANCIAL:

Information Technology Fund:Opening Balance

Transfer Out: elF Fund

Capital Improvement ProjectFund:Revenues:Transfer In: BridgeTransfer In: InformationTechnology FundExpenses:Fire Station ImprovementParks Surveillance and MotomeshProject

OriginalBudget

656,948

o

11,526,025o

307,342o

ProposedAmendment

(400,000)

400,000

450,000400,000

50,000800,000

Amended BudgetFY2009

256,94~

400,00C

11,976,02400,00C

357,34~

800,00C

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:Recommends City Council Approves Ordinance

ORDINANCE #2009-0-002

AMENDING THE CITY OF LAREDO FISCAL YEAR 2009 INFORMATIONTECHNOLOGY FUND BUDGET BY DRAWING DOWN $400,000.00 FROMOPENING BALANCE AND DESIGNATED AS A TRANSFER OUT TO THECAPITAL IMPROVEMENT PROJECT FUND, AND AMENDING THE CITYOF LAREDO FISCAL YEAR 2009 CAPITAL IMPROVEMENT PROJECTFUND BY APPROPRIATED $850,000 IN REVENUES AND EXPENDITURESTO BE USED FOR PARKS SURVEILLANCE SYSTEM, A WIRELESSBROADBAND SYSTEM (MOTOMESH) FOR THE DOWNTOWN DISTRICT,AND REPAIRS AND FURNISHINGS FOR THE FIRE STATIONS.

WHEREAS, on September 15,2008, City Council adopted the fiscal year 2009 annualbudget; and

WHEREAS, on December 15,2008, a presentation by Motorola, Inc. on a wirelesscommunication network with a proposal that consists of a Parks Surveillance System and a downtownmotomesh project will be made to City Council with a future consideration to award a contract toMotorola, Inc. through the State of Texas, Department of Information Service Department contract for theparks surveillance system and motomesh project

WHEREAS, on December 15,2008, a request was made by the Fire Department foradditional funds in the amount of $50,000 to continue efforts in refurbishing and repairing the City's FireStations.

WHEREAS, on December 15, 2008, City Council held a Public Hearing and introducedthis ordinance that would provide the necessary funding for the above mentioned projects.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFLAREDO THAT:

OriginalBudget

ProposedAmendment

Amended BudgetFY 2009

Section 1: Information Technology Fund is hereby amended by appropriating opening fund balance in the amount of $400,000.00.

Information Technology Fund:Opening Balance

Transfer Out: CIF Fund

656,948

o

(400,000)

400,000

256,948

400,000

Section 2: Capital Improvement Fund is hereby amended as follows:

Capital Improvement ProjectFund:Revenues:Transfer In: BridgeTransfer In: Information TechnologyFundExpenses:Fire Station ImprovementParks Surveillance and MotomeshProject

11,526,025o

307,342o

450,000400,000

50,000800,000

11,976,025400,000

357,342800,000

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THISTHE DAY OF ,2008.

RAUL G. SALINAS,MAYOR

ATTEST:

GUSTAVO GUEVARA, JR.,CITY SECRETARY


BY: _

ANTHONY C. McGETTRICKASSISTANT CITY ATTORNEY


DATE: SUBJECT: FINAL READING ORDINANCE 2009-0-003Amending the City of Laredo Health Department FY 2008-2009 annual budget by

01/05/2009 appropriating revenues and expenditures in the amount of $8,250 for a total amount of$316,628, from the Texas Department of State Health Services for continuation of thePrevention Services for HIV Prevention Project of the Health Department, term fromJanuary 1,2009 through December 31,2009. (AS AMENDED).

INITIATED BY: Staff Source:Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H.,Deputy City Manager Health DirectorPREVIOUS COUNCIL ACTION: On December 15,2008, Council held public hearing introducingordinance and instructed staff to proceed with final hearing.BACKGROUND:The Texas Department of State Health Services continues to contract with the City of Laredo toprov.ide public health services to residents of Laredo and Webb County through the City of LaredoHealth Department.

The HIV Prevention Project will conduct human immunodeficiency virus (HIV) prevention activities toensure HIV prevention services are provided to persons at greatest risk of acquiring or transmitting HIVinfection as identified through the HIV prevention community planning process. Strategies toaccomplish the project's goals shall demonstrate cost-effectiveness, innovation, coordination, andcollaboration. The project will serve qualifying residents in the Duval, Jim Hogg, Webb and ZapataCounties.

Special efforts are being targeted to both special populations who put themselves at risk and the generalpublic. A critical group for awareness, education and prevention is women and adolescents 15 - 30years of age.

Budget on next pageFINANCIAL: The City of Laredo will receive $316,628 in funds for the HIV Prevention Project ofthe City of Laredo Health Department for the contract period beginning January 1, 2009, throughDecember 31,2009. The revenue account is 226-0000-323-4046 and expenditure division is 226-6002Project Number HEHPO1.RECOMMENDATION: STAFF: Recommends that Council

approve the ordinance.

HIV Prevention ProgramJanuary 1, 2009 to December 31, 2009·226-6002

BUDGET

QATEOORJES...

APPROVED BUD.

REVENUES

DSHS GRANT REVENUE $ 316,628

PROGRAM INCOME 0

TOTAL REVENUES $ 3i6,628

EXPENSES

PERSONNEL $ 214,541

FRINGE BENEFTIS 75,641

TRAVEL 8,607

EQUlPMENT 0

SUPPLIES 1O,6~9

CONTRACIUAL 0

OlliER 7,200

SUB-TOTAL $ 316,628

IINDIRECT CHARGES 0

RESERVE (PROGRAM INC.) 0

TOTAL $ 316,628

ORDINANCE 2009-0-003

AMENDING THE CITY OF LAREDO HEALTHDEPARTMENT FY 2008-2009 ANNUAL BUDGET BYAPPROPRIATING REVENUES ANDEXPENDITURES IN THE AMOUNT OF $8,250 FORA TOTAL AMOUNT OF $316,628, FROM THETEXAS DEPARTMENT OF STATE HEALTHSERVICES FOR CONTINUATION OF THEPREVENTION SERVICES FOR HIV PREVENTIONPROJECT OF THE HEALTH DEPARTMENT,TERM FROM JANUARY 1, 2009 THROUGHDECEMBER 31,2009. (AS AMENDED).

WHEREAS, the Texas Department of State Health Services continues to contractwith the City of Laredo to provide public health services to residents of Laredo and Webb .County through the City of Laredo Health Department; and

WHEREAS, the HIV Prevention Project will conduct human immunodeficiencyvirus (HIV) prevention activities to ensure HIV prevention services are provided topersons at greatest risk of acquiring or transmitting HIV infection as identified throughthe HIV prevention community planning process. Strategies to accomplish the project'sgoals shall demonstrate cost-effectiveness, innovation, coordination, and collaborationand;

WHEREAS, the project will serve qualifying residents in the Duval, Jim Hogg,Webb and Zapata counties.

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF LAREDO THAT:

Section 1:

Section 2:

Amending the City of Laredo Health Department FY 2008-2009 annualbudget by appropriating revenues and expenditures in the amount of$8,250 for a total amount of $316,628 in funds, from the TexasDepartment of State Health Services for the Department's HIV PreventionProject for the grant period starting January 1, 2009 through December 31,2009.

Revenue line item 226-0000-323-4046 will be increased by $8,250 for atotal amount of $316,628.

Section 3:

Section 4:

Expenditure division 226-6002 with Project No. HEHP01 will increase toincreased by $8,250 for a total amount of $316,628.

The City Manager is hereby authorized to accept additional funds from theTexas Department of State Health Services in support of the activities·funded by these grants.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR

ON THIS DAY OF , 2009.


ATTEST:


APPROVED AS TO FORM:

By: _

Valeria M. AcevedoAssistant City Attorney

2

Date:

01/05109

Item #


SUBJECT: FINAL READING OF ORDINANCE NO. 2009-0-004Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 4.87 acres, asfurther described by metes and bounds in attached Exhibit "A", located south of St. LukeBoulevard and east of St. Lawson Lane, from R-IA (Single Family Reduced Area Residential District) to B-1 (Limited Commercial District); providing for publication and effectivedate.

.ZC-79-2008Initiated by:Cielito Lindo, Ltd.Howland Engineering

Staff source:Keith Selman, Planning Director

Prior action: This item was introduced by Mike Garza at the meeting ofDecember 15,2008.

BACKGROUND

Council District: I - Mike Garza

Proposed use: Commercial

Site: The site is vacant.

Surrounding land uses: To the north is are the Rosemont Apartments, a baseball field, and vacantland. To the east lies vacant land and single-family residential structures. To the west are singlefamily residential units.

Comprehensive Plan: The Comprehensive Plan identifies this area as Low Density Residential.

Transportation Plan: The Long Range Thoroughfare Plan identifies does not identify St. Luke Boulevard and St. Lawson Lane.

Letters sent to surroundine; property owners: 19

STAFF COMMENTS

In Favor: 2 Opposed: 0

Staff supports the proposed zone change. Although a B-1 designation is not in conformancewith the Comprehensive Plan's designation for this area as Low Density Residential, the proposed zone change is in compliance with the approved master plan for the Cielito Lindo Subdivision, and a proposed major arterial south of the site will help alleviate the higher volumesof traffic a B-1 district generates.

P&Z COMMISSION RECOMMENDATION:The P & Z Commission, in a 7 to 0 vote, recommendedapproval of the zone change.

Page 1 of 2

STAFF RECOMMENDATION:Staff supports the proposed zone change.


IMPACT ANALYSIS

B-1 (Limited Business District): The purpose of the B-1 is to provide for business and commercialdevelopment serving a limited geographic area or neighborhood.

Is this change contrary to the established land use pattern?No, the land is vacant.

Would this change create an isolated zoning district unrelated to surrounding districts?No, the nearest B-1 districts are located adjacent to Cielito Lindo Boulevard (a major arterial), alongSt. David Lane, and next to St. Luke Boulevard.

Will change adversely influence living conditions in the neighborhood?The abutting single-family and multi-family residential districts may be impacted by the higher intense uses permitted in a B-1 district.

Are there substantial reasons why the property can not be used in accord with existing zoning?Yes, the current zoning only allows for residential uses.

Page 2 of 2


AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OFLAREDO BY REZONING 4.87 ACRES, AS FURTHER DESCRIBEDBY METES AND BOUNDS IN ATTACHED EXHIBIT "A," LOCATEDSOUTH OF ST. LUKE BOULEVARD AND EAST OF ST. LAWSONLANE, FROM RI-A (SINGLE FAMILY REDUCED AREARESIDENTIAL DISTRICT) TO B-1 (LIMITED COMMERCIALDISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVEDATE.

WHEREAS, a zone change has been requested by the owners of 4.87 acres, as furtherdescribed by metes and bounds in attached Exhibit "A," located south of St. Luke Boulevardand east of St. Lawson Lane, from RI-A (Single Family Reduced Area Residential District) toB-1 (Limited Commercial District); and,

WHEREAS, the required written notices were sent to surrounding property owners atleast ten (10) days before the public hearing held before the Planning and Zoning Commissionon November 20, 2008, and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended approval of the proposed zone change; and,

WHEREAS, notice of the zone change request was advertised in the newspaper atleast fifteen (15) days prior to the public hearing held before the City of Laredo City Councilon this matter; and,

WHEREAS, the City Council has held a public hearing on December 15,2008, on therequest and finds the zone change appropriate and consistent with the General Plan of the Cityof Laredo; and,

WHEREAS, the City Council does not consider the impact, if any, of private covenants and deed restrictions on the subject property with the adoption of this ordinance; and,

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF LAREDO THAT:

Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezoning 4.87 acres, as further described by metes and bounds in attached Exhibit "A," locatedsouth ofSt. Luke Boulevard and east ofSt. Lawson Lane, from RI-A (Single Family ReducedArea Residential District) to B-1 (Limited Commercial District).

1

Section 2: This ordinance shall be published in a manner provided by Section 2.09(D) ofthe Charter of the City of Laredo.

Section 3: This ordinance shall become effective as and from the date of publicationspecified in Section 2.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE____ DAY OF ,2008.


ATTEST:



ck~~I~BY: KRISTINA 1. HALEASSISTANT CITY ATTORNEY

2

End of St Law$on

ZC-79-2008

MAJOR ARTERIAL

16.'.

1

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Rezone f R-1A (Single Family Reducedto B-1 (Limited Commercial District)

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i~ ZC-79-2008 ':. j Zone Districts

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City of Laredo Planning Dept &Building Dev Services - GIS Division

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I. BERNAL F. SLIGHT, A REGISTERED PROFESSIONAL LAND SURVEYOR.~~••••\;:t~.l~"~.DO HEREBY rATE THAT THE ABOVE CAPTIONED "EXHIBIT" AND A. ••~e J. 'I»~••:-?~~.ATTAC ~2~S"UE AND CORRECT TO THE BEST OF. ""ftC- w ",\cr.. o\\~MY 0,' /0 _?/~ ~ A °B'EriiFiiDERiCKSlIGlfT~)>. 0 l> ., o.a.,*HlQHI.....&HlO.H......~..,-~nit

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REZONE 4.87 ACS.

OCTOBER 30, 2008

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REZONE FROMR-1A TO 8-1

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Howland Surveying Co., Inc., dbaHOWLAND ENGINEERING AND SURVIEY~NGCO.

Oil & Gas Locations * Surveying * Land Development'" Civil DesignFoundations'" Geotechnical'" Construction Materials Testing * Environmental

LEGAL DESCRIPTIONREZONE FROM R-IA TO B-1

4.87 Acres (unplatted)

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A Tract of Land containing 4.87 acres, (212,104 S.F.), more or less, situated in TadeoSanchez, Original Grantee, Porcion 38, Abstract 472 and Jose Antonio Nasario, Porcion 39Abstract 250, City of Laredo, Webb County, Texas. Said tract being 3.71 acres partly out ofCielito Lindo, Ltd. containing 358.714 acres recorded in Volume 650, Pages 703-706, DeedRecords of Webb County, Texas and 1.16 acres partly out of Cielito Lindo, Ltd. Containing94.4514 acres recorded in Volume 650, Pages 707-710, Deed Records of Webb County, Texas.Said 4.87 acre tract being more particularly described as follows, to-wit:

Beginning at a found 112 11 iron rod, being the southeast corner of Cielito Lindo Subdivision, PhaseIV as recorded in Volume 20, Page 76, Webb County Map Records and being on the southboundary line of said 94.4514 acre tract, for the southwest comer here and the TRUE POINTOF BEGINNING;

THENCE, N 00°30'43" W, along the east boundary line of said Cielito Lindo Subdivision,Phase IV, a distance of 529.92 FEET, to a found 1/211 iron rod, being the northeast comer of saidPhase IV, for the northwest corner hereof;

THENCE, N 89°29'17'v E, passing at a distance of 260.12 feet to the southwest comer of St.Luke Blvd. as recorded in Cielito Lindo Subdivision, Phase V as recorded in Volume 23, Page19, Webb County Map Records, and continuing a total distance of 385.22 FEET, being on acurve having a radius of 1470.00 feet, a chord ofN 890 46'48" £-14.98 feet;

THENCE, along said curve right continuing along the south right-of-way line of said St. Luke. Blvd. an arc length of 14.98 FEET, for an the northeast corner hereof;

THENCE, S 90°30'43" E, a distance of 530.04 FEET, being on the south boundary line of said358.714 acre tract, for the southeast corner hereof;

THENCE, S 89°31'37" W, along the south boundary of said 358.714 acre tract a distance of307.17 FEET, to the southwest comer of said 358.714 acre tract, for a deflection point lefthereof;

SHEET 2 OF 2

7615 N. Bartlett Avenue '* P.O. Box 451128'* Laredo, Texas 78041-9998Telephone: (956) 722-4411'" Facsimile: (956) 722-5414 '* E-Mail: [email protected]

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4.87 Acres/South ofSt. Luke Boulevard & East ofSt. Lawson LaneZC-79-08

Date:

01105/09

Item #


SUBJECT: FINAL READING OF ORDINANCE NO. 2009-0-005Amending the Zoning Ordinance (Map) ofthe City of Laredo by rezoning Lot 1, Block 1,Provitex Subdivision, located at 4415 Highway 359, from B-3 (Community Business District) to B-4 (Highway Commercial District); providing for publication and effective date.

ZC-74-2008Initiated by:Provi-Tex InvestmentJorge Dominguez


Prior action: This item was introduced by Hector 1. Garcia at the meeting of December 15,2008.

BACKGROUND

Council District: II - Hector J. Garcia

Proposed use: Commercial

Site: The site is vacant.

Surrounding land uses: To the north lie LHCT Training Center, United ISD Curriculum and Instruction, What-a-burger, Valero Stripes, EZ Pawn, Falcon Bank, and Laredo-Webb NHS. To the eastlie vacant lots, Gonzalez Auto Parts, a car wash, and Regio Block. To the south are a vacant tract,Tuscany Breeze condominiums, single-family housing, manufactured housing units, apartments,Watermill Express, and Quick Tire Lube and Wash. To the east are a vacant commercial structure, asingle-family house, and 359 Plaza strip mall.

Comprehensive Plan: The Comprehensive Plan identifies this area as Retail/Office.

Transportation Plan: The Long Range Thoroughfare Plan identifies Highway 359 as an Expressway.

Letters sent to surrounding property owners: 15 In Favor: 1 Opposed: 0

Petitions Submitted in Favor: 7... 0 within the 200' radius

STAFF COMMENTS

Staff supports the proposed zone change. The site meets the dimensional standards for a B-4district of the Laredo Land Development Code and is adjacent to a freeway as classified in theTransportation Plan of the City of Laredo. The Tuscany Breeze Condominiums and 359Plaza Strip Mall will buffer the existing mixed residential district to the west of the site fromthe uses permitted under a B-4 district. Nevertheless, staff feels that the B-4 district line alongHighway 359 should not extend west of its intersection with Abigail Dominguez Court.

P&Z COMMISSION RECOMMENDATION:The P & Z Commission, in a 7-to 0 vote, recommendedapproval of the zone change.

Page 1 of 2

STAFF RECOMMENDATION:Staff supports the proposed zone change.


IMPACT ANALYSIS

B-4 (Highway Commercial District): The purpose of the B-4 district is to provide for those businesses and services serving a regional area which are to be located primarily along principal (major)arterial streets or the freeway, as classified in the Transportation Plan of the City of Laredo. It is intended for this zoning classification to exist primarily along principal arterial streets or the freewayand to impose site development regulations to ensure adequate access of all uses within this classification.

Is this change contrary to the established land use pattern?No, the established land use trend is generally commercial in nature.

Would this change create an isolated zoning district unrelated to surrounding districts?No, there are four B-4 districts to the north of the site.

Will change adversely influence living conditions in the neighborhood?The high intensity uses a B-4 district allows may impact the established residential neighborhoodwest of the site. .

Are there substantial reasons why the property can not be used in accord with existing zoning?No, the existing district allows for sufficient commercial uses.

Page 2 of 2


AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OFLAREDO BY REZONING LOT 1, BLOCK 1, PROVITEXSUBDIVISION, LOCATED AT 4415 HIGHWAY 359, FROM B-3(COMMUNITY BUSINESS DISTRICT) TO B-4 (HIGHWAYCOMMERCIAL DISTRICT); PROVIDING FOR PUBLICATION ANDEFFECTIVE DATE.

WHEREAS, a zone change has been requested by the owners of Lot 1, Block 1,Provitex Subdivision, located at 4415 Highway 359, from B-3 (Community Business District)to B-4 (Highway Commercial DIstrict); and,

WHEREAS, the required written notices were sent to surrounding property owners atleast ten (10) days before the public hearing held before the Planning and Zoning Commissionon November 20, 2008, and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended approval of the proposed zone change; and,

WHEREAS, notice ofthe zone change request was advertised in the newspaper atleast fifteen (15) days prior to the public hearing held before the City of Laredo City Councilon this matter; and,

WHEREAS, the City Council has held a public hearing on December 15,2008, on therequest and finds the zone change appropriate and consistent with the General Plan of the Cityof Laredo; and,

WHEREAS, the City Council does not consider the impact, if any, of private covenants and deed restrictions on the subject property with the adoption of this ordinance; and,

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF LAREDO THAT:

Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezoning Lot 1, Block 1, Provitex Subdivision, located at 4415 Highway 359, from B-3 (Community Business District) to B-4 (Highway Commercial District).

Section 2: This ordinance shall be published in a manner provided by Section 2.09(D) of the Charter of the City of Laredo.

1




ATTEST:

GUSTAVO GUEVARA, JR.cITy SECRETARY


BY: KRISTINA L. LEASSISTANT CITY ATTORNEY

2

Rez( from B-3 (Community Businesf strict)(0 B-4 (Highway Commercial District)

4415 State Highway 359

ZC-74-2008

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ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN PORC/ON 31,JOSE TREVINO SURVEY. A-3tt S, WE88 COUNTY. TEXAS AND BEING ALL OF ACALLED 2.8347 ACRE TRACT AS DESCRIBED IN DEED FROM PALMITO ESTATES INC.TO AGUSnN MALDONADO. FILED FOR RECORD ON FEBRUARY 08.1978. IN VOLUME553. PAGE 294, DEED RECORDS OF WEBB COUNTY. TEXAS.

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4415 Highway 359ZC-74-08

Date:

01105/09

Item #


SUBJECT: FINAL READING OF ORDINANCE NO. 2009-0-006Amending Ordinance No. 2002-0-082 authorizing the issuance of a Conditional Use Permitfor a portrait studio on Lots 4, 5, and the east liz of 3, Block 1268, Eastern Division, locatedat 2219 Clark Boulevard, by amending the provisions to extend the three-year expirationdate; providing for publication and effective date. (As Amended)

ZC-80-2008Initiated by:Mario Gutierrez


Prior action: On May 8, 2002, City Council approved the issuance of a Conditional Use Permit toMario Gutierrez at 2219 Clark Boulevard for a portrait studio (2002-0-082). This item was introducedby Juan Narvaez at the meeting of December 15,2008.BACKGROUND

Council District: IV - Juan Narvaez

Proposed use: Portrait S1udio

Site: The site is occupied by a single-family residential structure and an office.

Surrounding land uses: To the north are apartments, a manufactured housing unit, V.H. Ruiz Dentistry, and single-family homes. To the east are single-family houses. To the south lie single-familyhomes as well as vacant lots. To the west lie single-family homes.

Comprehensive Plan: The Comprehensive Plan identifies this area as Low Density Residential.

Transportation Plan: The Long Range Thoroughfare Plan identifies Clark Boulevard as a ModifiedMajor Arterial.

Letters sent to surrounding property owners: 17

STAFF COMMENTS


Staff supports the amendment to extend the three-year expiration date to the Conditional UsePermit (CUP) provisions.. A three-year time limit provides a mechanism whereby nuisancescan be monitored and accounted for upon renewal. Should it be the will of the Planning andZoning Commission to recommend approval to City Council, staff recommends all other con-

.ditions remain, with condition number four (4) being amended for clarification purposes andcondition number seven (7) being added to comply with the current Conditional Use Permitordinance.

P&Z COMMISSION RECOMMENDATION:The P & Z Commission, in a 7 to 0 vote, recommendedapproval of the amendment to the Conditional Use Permit.

Page 1 of 2

(Continued on next pa~e)STAFF RECOMMENDATION:Staff supports the amendment to the Conditional Use Permit.


~taffComments (cont.)

1. The Conditional Use Permit is restricted to the site plan, Exhibit "A," and is made a part hereof forall purposes.

2. The Conditional Use Permit is issued to Mario Gutierrez, only, and is nontransferable.3. All vehicles on site as a result of the portrait studio must be parked within the property boundaries at

all times.4. Signage shall be restricted to that which is allovied in an R 1 zoned district the maximum of a twelve

square foot sign attached to the wall.5. The Conditional Use Permit is granted for a period of three (3) years to expire on Jan 5, 2011.6. The applicant shall enclose the exposed water-heater such that it is completely obscured from view

and in a manner consistent with the construction and quality of the existing residential structure.7. The Conditional Use period is restricted to the letter, Exhibit "B," except for the request to extend the

C.U.P. for an indefinite-amount oftime, and is made a part hereof for all purposes.

Page 2 of 2


AMENDING ORDINANCE NO. 2002-0-082 AUTHORIZING THEISSUANCE OF A CONDITIONAL USE PERMIT FOR A PORTRAITSTUDIO ON LOTS 4, 5, AND THE EAST 1/2 OF 3, BLOCK 1268,EASTERN DIVISION, LOCATED AT 2219 CLARK BOULEVARD, BYAMENDING THE PROVISIONS TO EXTEND THE THREE-YEAREXPIRATION DATE; PROVIDING FOR AN EFFECTIVE DATE ANDPUBLICATION. (AS AMENDED)

WHEREAS, a request has been received for the issuance of a Conditional Use Permit fora portrait studio on Lots 4,5, and the east 1/2 of3, Block 1268, Eastern Division, located at 2219Clark Boulevard; and,

WHEREAS, the required written notices were sent to surrounding property owners atleast ten (10) days before the public hearing held before the Planning and Zoning Commissionon November 20, 2008; and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended approval of the Conditional Use Permit; and,

WHEREAS, notice of the zone change request was advertised in the newspaper at leastfifteen (15) days prior to the public hearing held before the City of Laredo City Council on thismatter; and,

WHEREAS, the City Council has held a public hearing on December 15,2008, on therequest and finds the Conditional Use Permit amendment appropriate and consistent with theGeneral Plan of the City of Laredo; and,

WHEREAS, all conditions imposed by the Conditional Use Permit, and all pertinent requirements the Laredo Land Development Code shall be met before the activity sanctioned bythe Conditional Use Permit may commence; and,

WHEREAS, the City Council does not consider the impact, if any, of private covenantsand deed restrictions on the subject property with the adoption of this ordinance; and,

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFLAREDO THAT:

Section 1: The Zoning Map of the City of Laredo be and is hereby amended authorizingthe issuance of a Conditional Use Permit for a portrait studio on Lots 4, 5, and the east 1/20f3,Block 1268, Eastern Division, located at 2219 Clark Boulevard.

Section 2: The Conditional Use Permit is further restricted to the following provisionherewith adopted by the City Council:

1. The Conditional Use Permit is restricted to the site plan, Exhibit "A," and is made a parthereof for all purposes.

1

2. The Conditional Use Permit is issued to Mario Gutierrez, only, and is nontransferable.3. All vehicles on site as a result of the portrait studio must be parked within the property

boundaries at all times.4. Signage shall be restricted to the maximum of a twelve square foot sign attached to the

wall.5. The applicant's residency must be retained on-site and within the existing structure.6. The applicant shall enclose the exposed water-heater such that it is completely obscured

from view and in a manner consistent with the construction and quality of the existing residential structure.

7. The Conditional Use period is restricted to the letter, Exhibit "B," and is made a part hereoffor all purposes.

Section 3: This ordinance shall be published in a manner provided by Section 2.09 (D)of the Charter of the City of Laredo.

Section 4: This ordinance shall become effective as and from the date of publicationspecified in Section 3. .

Section 5: The Conditional Use Permit authorized by this ordinance shall be revokedpursuant to the Laredo Land Development Code, section 24.94.10, entitled "Revocation," according to the criteria and procedures described therein and below:

1. Criteria

Any Conditional Use Permit, authorized by City Council, shall be considered in noncomplianceand shall be revoked and removed from the City of Laredo Zoning Map, in the event a court oflaw finds the use in violation of any of the following conditions:

A. The use established on site does not conform, at any time, with any or all permit condition(s) approved by the City Council and or any local, state, or federal law.

B. The activity authorized by the Conditional Use Permit commences prior to the institution of all conditions imposed by the Conditional Use Permit.

C. Discontinuance ofthe Council approved conditional use for a period of six (6) consecutive months.

D. The use of which the Conditional Use Permit was authorized does not commencewithin six months of City Council's final approval date.

2. Procedures

Should City of Laredo Enforcement Official inspection reveal noncompliance with Laredo LandDevelopment Code, Subsection 24.94.10, Conditional Use Permit revocation procedures shallcommence as below stipulated:

A. A Zoning Officer shall, upon discovery of conditional use permit noncompliance asper Subsection 24.94.10, issue a written warning, granting a grace period of a minimum often (10) working days, within which time the use may be broughtinto compliance with the current City Council approved Conditional Use Permit for that location.

2

B. If noncompliance persists after the conclusion of the warning grace period, a ZoningEnforcement Official shall issue a written citation.

C. Should the citation result in a guilty verdict, the City of Laredo shall consider theConditional Use Permit revoked and proceed with its removal from the City ofLaredo Zoning Map.

D. The Planning Director shall then issue the permit holder written notification of theConditional Use Permit's official revocation and removal from the City of LaredoZoning Map.

E. In the event of discontinuance or failure to commence as stipulated in Subsection24.94.10.1 D and E ofthis Ordinance, Zoning Enforcement Staff will issue writtennotification of same. Ten days after issuance of Zoning Enforcement notification ofdiscontinuance or failure to commence, the Planning Director shall then issue thepermit holder written notification of the Conditional Use Permit's official revocationand removal from the City of Laredo Zoning Map.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE___~DAYOF ,2008.


ATTEST:



BY: KRISTINA L. AASSISTANT CITY ATTORNEY

3

2219 Clqrk RequLA {or C.U.P.(Conditional Use Perrl....j ..ZC-80-200B NORTH

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Mario GutierrezMario's Portrait Studio2219 Clark Blvd.Laredo TX. 78043

October 30,2008

City Of Laredo Planning Dept.

This letter is to notify you of my intention to renew myconditional use permit. I have been working out ofmyhouse (same address as above) for the past 5 years andmost of the work done is at schools or in locations andmost of business is conducted throe internet web site.Evenhow I would like to extend my conditonal use permitfor an indifinite time frame and be able to have an onwallsign for future use.

I hope that you can take the above into consideration andgive a favorable reply. Thank you for your attention to thismatter and remain.

Sincere Yours,

Mario Gutierrez C.P.P.(956) 220-2828

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2219 Clark BoulevardZC-80-08

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Date:

01105/09

Item #


SUBJECT: FINAL READING OF ORDINANCE NO. 2009-0-007Amending Ordinance No. 2005-0-268 authorizing the issuance of a Conditional Use Permitfor two mobile homes on Lots 1-7, Block 1, Del Mar Hills Subdivision, located at 10 E. DelMar Boulevard, by amending the narrative to extend the two-year expiration date to three;providing for publication and effective date.

ZC-73-2008Initiated by:Institute of the Daughters of Mary Help of ChristiansMary Help of Christians


Prior action: On November 7, 2005, City Council approved the issuance of a Conditional Use Permit tothe Institute of the Daughters of Mary of San Antonio Salesian Sisters ofSt. John Bosco at 10 Del MarBoulevard for two manufactured homes (2005-0-268). This item was introduced by Gene Belmares atthe meeting of December 15, 2008.BACKGROUND

Council District: VI - Gene Belmares

Proposed use: Two Mobile Homes

Site: The site is occupied by two mobile homes.

Surrounding land uses: To the north lie vacant land and single-family housing. To the east lie single-family residential units. To the south lies Nye Elementary. To the west lies Mary Help of Christians School.

Comprehensive Plan: The Comprehensive Plan identifies this area as Institutional.

Transportation Plan: The Long Range Thoroughfare Plan identifies Del Mar Boulevard as a MajorArterial.

Letters sent to surrounding property owners: 18

STAFF COMMENTS


Staff supports the request to amend the narrative, extending the two-year expiration date ofthe Conditional Use Permit (CUP) to three. Mobile homes are allowed in an R-IMH or an R3 district, and these districts are unwarranted at this location due to the substantial singlefamily residential uses in the immediate proximity. Furthermore, a three-year time limit provides a mechanism whereby nuisances can be monitored and accounted for upon renewal.Should it be the will of the Planning and Zoning Commission to recommend approval to CityCouncil, staff recommends all other conditions remain.

P&Z COMMISSION RECOMMENDATION:The P & Z Commission, in a 7 to 0 vote, recommendedapproval of the amendment to the Conditional Use Permit.

Page 1 of 2

(Continued on next page)STAFF RECOMMENDATION:Staff supports the amendment to the Conditional Use Permit.


Staff Comments (cont.)

1. The permit will be issued to the Institute of the Daughters of Mary of San Antonio Salesian Sister ofSt. John Bosco and is nontransferable.

2. The Conditional Use Permit is issued for a twe three-year time period.3. The Conditional Use Permit is restricted to the letter, Exhibit "A", which is made part hereof for all

purposes.4. The Conditional Use Permit is restricted to the site plan, Exhibit "B", which is made part hereof forall purposes.

Page 2 of 2


AMENDING ORDINANCE NO. 2005-0-268 AUTHORIZING THEISSUANCE OF A CONDITIONAL USE PERMIT FOR TWO MOBILEHOMES ON LOTS 1-7, BLOCK 1, DEL MAR HILLS SUBDIVISION"LOCATED AT 10 E. DEL MAR BOULEVARD, BY AMENDING THENARRATIVE TO EXTEND THE TWO-YEAR EXPIRATION DATE TOTHREE; PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION.

WHEREAS, a request has been received for the issuance of a Conditional Use Permit fortwo mobile homes on Lots 1-7, Block 1, Del Mar Hills Subdivision" located at 10 E. Del MarBoulevard; and,

WHEREAS, the required written notices were senUo surrounding property owners atleast ten (10) days before the public hearing held before the Planning and Zoning Commissionon November 20, 2008; and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended approval of the Conditional Use Permit; and,

WHEREAS, notice of the zone change request was advertised in the newspaper at leastfifteen (15) days prior to the public hearing held before the City of Laredo City Council on thismatter; and,

WHEREAS, the City Council has held a public hearing on December 15,2008, on therequest and finds the Conditional Use Permit amendment appropriate and consistent with theGeneral Plan of the City of Laredo; and,

WHEREAS, all conditions imposed by the Conditional Use Permit, and all pertinent requirements the Laredo Land Development Code shall be met before the activity sanctioned bythe Conditional Use Permit may commence; and,

WHEREAS, the City Council does not consider the impact, if any, of private covenantsand deed restrictions on the subject property with the adoption ofthis ordinance; and,

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFLAREDO THAT:

Section 1: The Zoning Map of the City of Laredo be and is hereby amended authorizingthe issuance of a Conditional Use Permit for two mobile homes on Lots 1-7, Block 1, Del MarHills Subdivision" located at 10 E. Del Mar Boulevard.

Section 2: The Conditional Use Permit is further restricted to the following provisionherewith adopted by the City Council:

1. The permit will be issued to the Institute of the Daughters of Mary of San Antonio SalesianSister of St. John Bosco and is nontransferable.

2. The Conditional Use Permit is issued for a three-year time period.

1

3. The Conditional Use Permit is restricted to the letter, Exhibit "A", which is made parthereof for all purposes.

4. The Conditional Use Permit is restricted to the site plan, Exhibit "B", which is made parthereof for all purposes.

Section 3: This ordinance shall be published in a manner provided by Section 2.09 (D)ofthe Charter of the City of Laredo.


Section 5: The Conditional Use Permit authorized by this ordinance shall be revokedpursuant to the Laredo Land Development Code, section 24.94.10, entitled "Revocation," according to the criteria and procedures described therein and below:

1. Criteria

Any Conditional Use Permit, authorized by City Council, shall be considered in noncomplianceand shall be revoked and removed from the City of Laredo Zoning Map, in the event a court oflaw finds the use in violation of any of the following conditions:

A. The use established on site does not conform, at any time, with any or all permit condition(s) approved by the City Council and or any local, state, or federal law.

B. The activity authorized by the Conditional Use Permit commences prior to the institution of all conditions imposed by the Conditional Use Permit.

C. Discontinuance ofthe Council approved conditional use for a period of six (6) consecutive months.

D. The use of which the Conditional Use Permit was authorized does not commencewithin six months of City Council's final approval date.

2. Procedures

Should City of Laredo Enforcement Official inspection reveal noncompliance with Laredo LandDevelopment Code, Subsection 24.94.10, Conditional Use Permit revocation procedures shallcommence as below stipulated:

A. A Zoning Officer shall, upon discovery of conditional use permit noncompliance asper Subsection 24.94.10, issue a written warning, granting a grace period of a minimum often (10) working days, within which time the use may be brought into compliance with the current City Council approved Conditional Use Permit for that loca- .tion.

B. If noncompliance persists after the conclusion of the warning grace period, a ZoningEnforcement Official shall issue a written citation.

C. Should the citation result in a guilty verdict, the City of Laredo shall consider theConditional Use Permit revoked and proceed with its removal from the City ofLaredo Zoning Map.

2

D. The Planning Director shall then issue the permit holder written notification of theConditional Use Permit's official revocation and removal from the City of LaredoZoning Map.

E. In the event of discontinuance or failure to commence as stipulated in Subsection24.94.10.1 D and E of this Ordinance, Zoning Enforcement Staff will issue writtennotification of same. Ten days after issuance of Zoning Enforcement notification ofdiscontinuance or failure to commence, the Planning Director shall then issue thepermit holder written notification of the Conditional Use Permit's official revocationand removal from the City of Laredo Zoning Map.



ATTEST:



dS~~~BY: KRISTINA L. HALEASSISTANT CITY ATTORNEY

3

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10 E. Del Mar BoulevardLaredo, Texas 78045

October 23, 2008

City of LaredoBuilding 1;)ivision1120 San Bernardino AvenueLaredo, Texas 78042

Re: 10 E. Del Mar Blvd., Laredo, TexasConditional Use Permit

The purpose of the Conditional Use Permit is as follows:

The existing Convent no longer adequately serves the needs for the Sisters of Mary Helpof Christians.

The existing Convent is designed for 12 Sisters, and 7 Sisters now need living quarters.

The existing building will be better used as storage facilities for archived items.

The mobile homes will provide adequate living quarters for the Sisters.

The Sisters will reside in the mobile homes for approximately 3 years.

Yours, ()

J-~~~Larry Shaw, Project ManagerMary Help of Christians School

Phone: (956) 722-3966 Fax: (956) 722-1413

t. Laurel

ntonio, Texas782+0

210.,66.260,

Fax 210.,66·+505

for 12 Sisters and 7 Sisters now need living quarters.

,/:'

for the Conditional U " Permit is as follows:./

*

The Sisters will side in the Mobile Homes

September 16 2005

Re: 10 Mar Blvd, Laredo TexasCondl' nal Use Permit

ity of Laredo·i1ding Division

11 San Bernardino AvenueLar , Texas 78042

Chari sA. Huriega, II, AlA, CSIPre dent, Huriega Construction Services

The Mobile homes . I provide adequate . ing quarters for the Sisters.

The EXisting Convent n longer C! equately serves the needs for the Sisters of Mary Help ofChristians."

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10 E. Del Mar BoulevardZC-73-08

DATE1/5/09



SUBJECT: RESOLUTION NO. 2009-R-001

Declaring the public necessity to acquire the "surface only" of the followingthree parcels of land for the Canal Street Drainage Improvements Project:

1. Lot 54, Block 506, Retama Park Subdivision, Unit 2, Eastern Division,City of Laredo, Webb County, Texas, as per plat recorded in Volume 2,page 205, Plat Records ofWebb County, Texas; and

2. Lot 55, Block 506, Retama Park Subdivision, Unit 2 Eastern Division,City of Laredo, Webb County, Texas, as per plat recorded in Volume 2,page 205, Plat Records ofWebb County, Texas; and

3. Lot 7, Block 70-B, of the amended Calton Gardens Addition, NorthernDivision, City of Laredo, as per Del Rey Homes Replat recorded inVolume 2, page 203, Plat Records of Webb County, Texas; and

Authorizing staff to negotiate with the owners for the acquisition of said threeparcels; and authorizing the City Attorney to initiate condemnation proceedingsto acquire any of said parcels if staff is unable to acquire any of the three due toinability to agree to a purchase price, conflict of ownership, owner refusal tosell, and lor inability to locate a listed owner.

STAFF SOURCE:Riazul I. Mia, Environmental Services DirectorRonnie Acosta, CD Director

PREVIOUS COUNCIL ACTION:NoneBACKGROUND:It is necessary for the City of Laredo to acquire the "Surface Only" of the above-referenced parcels of land Inorder to alleviate flooding. These parcels are needed to construct improvements to an existing drainagechannel which abuts the subject properties to be acquired.

City's staff recommends the acquisition of said lots.

FINANCIAL IMPACT:Funding for this project is available in Account # 249-3891-545-9540 Land Acquisition for City-WideDrainaqe Proiect/2007 Certificate of Obligation Bond Issue.COMMITTEE RECOMMENDATION: ISTAFF RECOMMENDATION:NIA Staff recommends approval of Resolution.

RESOLUTION NO. 2009-R-OOl

Declaring the public necessity to acquire the "surface only" of the followingthree parcels of land for the Canal Street Drainage Improvements Project:

1. Lot 54, Block 506, Retama Park Subdivision, Unit 2, Eastern Division,City ofLaredo, Webb County, Texas, as per plat recorded in Volume 2,page 205, Plat Records of Webb County, Texas; and

2. Lot 55, Block 506, Retama Park Subdivision, Unit 2 Eastern Division,City ofLaredo, Webb County, Texas, as per plat recorded in Volume 2,page 205, Plat Records of Webb County, Texas; and

3. Lot 7, Block 70-B, ofthe amended Calton Gardens Addition, NorthernDivision, City of Laredo, as per Del Rey Homes Replat recorded inVolume 2, page 203, Plat Records of Webb County, Texas; and

Authorizing staff to negotiate with the owners for the acquisition of said threeparcels; and authorizing the City Attorney to initiate condemnation proceedingsto acquire any of said parcels if staff is unable to acquire any of the three due toinability to agree to a purchase price, conflict of ownership, owner refusal tosell, and lor inability to locate a listed owner.

WHEREAS, there is a public necessity for the City of Laredo to acquire the "SurfaceOnly" ofthe said three parcels ofland for the Canal Street Drainage Improvements Project in orderto alleviate flooding; and

WHEREAS, the said three parcels are needed to construct improvements to the existingdrainage channel which abuts the subject properties to be acquired; and

WHEREAS, City's staff recommends that these three parcels of land be acquired for thestated purpose.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYOF LAREDO THAT:

SECTION 1: It hereby finds and declares that there is a public necessity to acquire the "SurfaceOnly" of the following three parcels ofland in Laredo, Webb County, Texas:

(i) Lot 54, Block 506, Retama Park Subdivision, Unit 2, Eastern Division,City of Laredo, Webb County, Texas, as per plat recorded in Volume 2,page 205, Plat Records of Webb County, Texas; and

(ii) Lot 55, Block 506, Retama Park Subdivision, Unit 2 Eastern Division,City of Laredo, Webb County, Texas, as per plat recorded in Volume 2,page 205, Plat Records of Webb County, Texas; and

(iii) Lot 7, Block 70-B, of the amended Calton Gardens Addition, NorthernDivision, City of Laredo, as per Del Rey Homes Replat recorded inVolume 2, page 203, Plat Records of Webb County, Texas;

SECTION 2: It authorizes staffto negotiate with the owners for the acquisition ofsaid threeparcels.

SECTION 3: It further authorizes the City Attorney to initiate condemnation proceedings toacquire said parcels if staffis unable to acquire through negotiations due to inability to agreeto a purchase price, conflict of ownership, owner refusal to sell, and/or inability to locate alisted owner.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON TillSDAY OF JANUARY 2009.


ATTEST:


APPROVED S TO FORM:RAULCACITY A"r'Trm"llli

COUNCIL COMMUNICATIONDATE: SUBJECT: RESOLUTION 2009-R-003

Authorizing the City Manager to accept a contract from the Texas Department of01/05/2009 State Health Services in the amount of$168,940.00 for continuation of the Health

Department's Tuberculosis Prevention & Control Federal Project for the periodbeginning January 1, 2009, through December 31, 2009, and authorizing the CityManager to execute the contract.

INITIATED BY: STAFF SOURCE:Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H.Deputy City Manager Health DirectorPREVIOUS COUNCIL ACTION: On February 4,2008, Council approved Ordinance 2008-0017 for $175,979 from the Texas Department of State Health Services for continuation of theDepartment's Tuberculosis Prevention & Control Federal Project, period from January 1, 2008,through December 31, 2008.BACKGROUND:

The Texas Department of Health continues to contract with the City of Laredo to provide publichealth services to residents of Laredo and Webb County through the City of Laredo HealthDepartment. As TB continues to place a public health threat risk for Laredo and especiallyamong certain groups with the community, the DSHS is continuing to partner with the CLHD toprovide TB care, diagnosis and treatment.

This grant awarded by the Texas Department of State Health Services will for continuation ofthe Tuberculosis (TB) control, treatment and prevention to Special Populations, Jail OutreachProject, and the "Los Dos Laredos" Binational Tuberculosis Project. These projects willcontinue to provide services under this contract which include: (1) basic services and associatedactivities for tuberculosis (TB) prevention and control; and (2) expanded outreach services toindividuals of identified sub-groups who have TB or who are at high risk of developing TBthroughout the defined service area. In addition, it will continue with a cooperative agreementfor the "Los Dos Laredos" Binational TB Project between Laredo and Nuevo Laredo to carry outexpanded outreach services, laboratory, x-ray services and treatment to individuals of identifiedsub-groups in Nuevo Laredo who have tuberculosis. This project is actually needed to supportlocal, regional and international TB surveillance, early detection and treatment.

FINANCIAL: The City of Laredo will receive $168,940 for the Health DepartmentTuberculosis Prevention/Control Federal Project, period from January 1, 2009, throughDecember 31, 2009. The revenue account is 226-0000-323-4071 and the expenditure division is226-6003 with Project No. HETF01.RECOMMENDATION: STAFF: Recommends that Council approve

the resolution.

RESOLUTION 2009-R-003

AUTHORIZING THE CITY MANAGER TO ACCEPTA CONTRACT FROM THE TEXAS DEPARTMENTOF STATE HEALTH SERVICES IN THE MIOUNTOF $168,940.00 FOR CONTINUATION OF THEHEALTH DEPARTMENT'S TUBERCULOSISPREVENTION & CONTROL FEDERAL PROJECTFOR THE PERIOD BEGINNING JANUARY 1, 2009,THROUGH DECEMBER 31, 2009, ANDAUTHORIZING THE' CITY MANAGER TOEXECUTE THE CONTRACT.

WHEREAS, the Texas Department of State Health Services continues to contractwith the City of Laredo to provide public health services to residents of Laredo and WebbCounty through the City of Laredo Health Department; and

WHEREAS, the grant awarded by the Texas Department of State HealthServices will provide for the continuation of the Tuberculosis (TB) Special PopulationsProject, the Tuberculosis Jail Outreach Project, and the "Los Dos Laredos" BinationalTuberculosis Project.

WHEREAS, These projects will continue to provide services under this contractwhich include basic services for tuberculosis prevention and control and expandedoutreach services to individuals of identified sub-groups who have TB or who are at highrisk of developing TB throughout the defined service area.

WHEREAS, In addition, this grant will continue with a cooperative agreementfor the "Los Dos Laredos" Binational TB Project between Laredo and Nuevo Laredo tocarry out expanded outreach services, laboratory, x-ray services and treatment toindividuals of identified sub-groups in Nuevo Laredo who have tuberculosis. Thisproject is actually needed to support local, regional and international TB surveillance,early detection and treatment.

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF LAREDO THAT:

Section 1: The City Manager is hereby authorized to accept a contract in the amountof $168,940 from the Texas Department of State Health Services forcontinuation of the Health Department's Tuberculosis Prevention &Control Federal Project for the period beginning January 1, 2009, throughDecember 31,2009.

Section 2: The revenue account is 226-0000-323-4071.

Section 3: The expenditure division 226-6003 with Project No. HETFOl.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR

ON THIS DAY OF " 2008.


ATTEST:


APPROVED AS TO FORM:Raul Casso, City Attorney

By: ~-tl1. tJa,,-~Valeria M. AcevedoAssistant City Attorney

2

/DATE:

01/05/09

INITIATED BY:


SUBJECT: MOTION

Consideration to approve scheduled City Council Meeting dates for 2009.

STAFF SOURCE:

Carlos Villarreal, City Manager

PREVIOUS COUNCIL ACTION:N/ABACKGROUND:


City Council meetings are normally held every 1st and 3rd Monday of the month.

FINANCIAL IMPACT: None./

COMMITTEE RECOMMENDATION:N/A

STAFF RECOMMENDATION:None.

/

City Council Agenda Items 2009 Schedule

Mondav, September 21, 2009Mondav, October 05, 2009Mondav, October 19,2009

Mondav,November02,2009Monda~ November 16, 2009Mondav, December 07, 2009Monday, December 21, 2009 VVednesday, December 09, 2009

14,200928,200911,2009

VVednesdav, December 02, 2009VVednesday, December 16, 2009


DATE: SUBJECT: Motion

January 5,2009 Authorizing the Washington Birthday Celebration Association (W.B.C.A.) toplace two (2) temporary promotional banners for the annual W. B.C.A.festivities scheduled for January 22, 2009 through February 22, 2009. Onebanner will be installed on the 2400 block of San Bernardo Avenue from theperiod of January 26,2009 to February 22,2009 and the other banner will beinstalled at the intersection of McPherson Road and Del Mar Blvd., from theperiod of January 14, 2009 to February 22, 2009; and to require that theW.B.C.A sign a release of liability to the City of Laredo.

INITIATED BY:Carlos Villarreal, City Manager

PREVIOUS COUNCIL ACTION:

STAFF SOURCE:Jesus Olivares, Asst. City ManagerErasmo Villarreal, Building Department DirectorRoberto Murillo, P.E., P.T.O.E., Traffic Manager

In January 7,2008, City Council approved a motion to place banners on San Bernardo Avenuefor the W.B.C.A. Parades.

BACKGROUND:

According to the Land Development Code, Section V-24.82.5.2, pg. V-23, the City Council hasthe expressed authority to approve that a banner sign can be placed over a public right-of-way.The W.B.C.A. Celebration Association requests the placement of two (2) banners across thestreet banners to advertise the W.B.C.A. celebration festivities. The locations where thesebanners are proposed to be installed include the 2400 block of San Bernardo Avenue in front ofthe Civic Center property and the other banner will be installed across McPherson Road at theintersection of Del Mar Blvd. W.B.C.A. will request in-house cooperation from the Traffic SafetyDepartment to provide assistance with the installation of the banners at the specified locations.

Banners will be made to specifications as provided by the Building Department through thesubsequent permitting process.

A letter stating that the City of Laredo shall not be responsible for any automotive collisions oraccidents resulting from the placement of set banners will be provided by applicant. Insuranceshall be provided and received to the Building Department prior to he dates of installation.

FINANCIAL IMPACT: None.

COMMITTEE RECOMMENDATION: None...

STAFF RECOMMENDATION:Staff recommends approval of this motion.


DATE: SUBJECT: MOTION

01/05/09 Authorizing the City Manager to contract with Mario A. Martinez of Martinezand Associates Governmental Affairs, Austin, Texas, in the amount of$45,000.00, plus $5,000.00 out of pocket expenses, for intergovernmental,informational, and advocacy services to be provided to the City of Laredo forthe period beginning of January 1, 2009 through September 30, 2009.Funding is available in General Fund.

INITIATED BY: STAFF SOURCE:



None.

BACKGROUND:

Jessica L. Hein, CASS Manager

Services to be performed:1. Representation of the Client will be before the Texas Legislature, state agencies, and

officials of the Executive Branch of the Texas state government.2. Work with Client in formulating an agenda for the 81 st Legislative Session and assist in

establishing a strategy to implement that agenda.3. Reports will be provided on a monthly basis in the form of short summaries as directed by

the Client regarding the status of proposals identified to beaf interest to the Client. Thesesummaries will be directed to the designated legislative liaisons of the Client.

4. Coordinate meetings with legislators to promote the Client's legislative agenda.5. Assist the Client with the preparation of testimony before legislative committees.6. Provide governmental relations advice and strategy.7. Provide advice and insight on the political environment and trends.8. Represent the Client on the various interim charges of interest which are to be laid out by

both the House and Senate during the 81 5t Legislative Interim.9. Continue to work with the Client in preparing a legislative agenda for the 82nd Legislative

Session.10. Represent the Client during any special called session of the 81 5t Legislature.11. Maintain regular communications with designated legislative liaisons of the Client.

FINANCIAL IMPACT:

101-5505-513-5526 - $50,000

COMMITTEE RECOMMENDATION:

N/A

STAFF RECOMMENDATION:

Approval of this Motion.

MEMORANDUMOF PERSONAL SERVICES AGREEMENT

THIS AGREEMENT is entered into as of this 1st day of January, 2009 between Mario A.Martinez (herein referred to as "Contractor") and City of Laredo, Texas (herein referred to as

, "Client").

Contractor is hereby retained by Client to provide contract services on the following terms andconditions:

1. Upon request by Client to Contractor and from time to time during the termhereof, Contractor shall perform the services set forth on Exhibit "A", which isattached to this agreement and make a part hereof, and such other similar duties asmay be reasonably required to complete all the said services.

2. In the performance of all services hereunder:

a. Contractor shall be deemed to be and shall be an independent contractorand such shall not be entitled to any benefits applicable to employees ofthe Client.

b. Contractor shall comply with all applicable federal, state and local lawsand regulations.

c. Contractor shall register as a lobbyist representing the interest of Clientwith the Texas Ethics Commission.

3. During the time Contractor is performing services hereunder, Contractor shall not,without the prior written consent of the Client, enter the employment of orperform the same or similar services for a direct competitor of Client, withoutapproval from the Client following disclosure of any potential conflict.

4. Contractor shall regard the information and knowledge divulged to Contractor byClient or which Contractor acquires in connection with or as a result ofhisservices hereunder as confidential. Without limiting the generality of theforegoing, Contractor recognizes that, unless and until published, all acquired dataand information and all features of the apparatus, processes, and applicationmethods heretofore ofhereafter used or developed by Client are and shall be tradesecrets ofthe Client. During or after the term of this Agreement, Contractor shallnot use any such information, knowledge or trade secrets nor shall he disclosesuch to any person except to employees of Client as may be necessary in theregular course of the duties of the Contractor hereunder, or except as otherwiseauthorized by Client.

5. Contractor recognizes that all records and copies of records concerning theoperations of Client made or received by Contractor during the term of thisagreement are and shall be the property of Client exclusively, and Contractor shallkeep the same at all times in his custody and subject to his control and surrenderthe same upon request of Client.

6. Contractor shall exonerate and indemnify and hold Client harmless from andagainst any and all liability, loss, cost, expense, damage, claims or demands onaccount of injuries, including death, to Contractor and his employees arising outof or resulting in any manner from occurring in connection with performance ofservice hereunder by Contractor.

7. This Agreement shall be effective as of January 1, 2009, and shall continuethrough September 30,2009, subject to the right of either party to terminate at anytime upon written notice given at least thirty days (30) in advance. Should thecontractor exercise the termination clause, compensation shall be made on a prorata basis. Should the client exercise the termination clause, compensation shallbe paid in full.

8. Total compensation under this Agreement shall be $45,000.00 to be paid in thefollowing manner. Compensation of $6,000.00 will be made for the months ofJanuary through June 2009; and $3,000.00 for July through September 2009. Anycosts and expenses in excess of $500.00 must be approved by the City before theyare incurred if they are to be reimbursed. A maximum of $5,000.00 maybe billedfor the entire contract period for expenses incurred on behalf of the City.Statements for fees for services rendered and expenses incurred as approved bythe City shall be submitted to the City on a monthly basis and shall be payableupon presentation.

9. Both parties agree that these fee arrangements and amounts are reasonable for theservices to be rendered pursuant to the Agreement.

10. In hiring Contractor to perform the Client's lobbying services, Client warrants thatno other person(s) have been retained directly or indirectly to perform suchservices in Texas, and further, if others have been retained, that the Client hasnotified Contractor of such person(s) and Contractor is entering this Agreementwithout the full knowledge and approval of contractor, such action may beconsidered a breach of this contract by Client.

11. It is understood and acknowledged that through written mutual consent of bothparties this contract may be amended.

12. Any notices or communications hereunder shall be in writing addresses asfollows:

If to Client:

If to Contractor:

Mr. Carlos VillarrealCity ManagerCity of LaredoP.O. Box 579Laredo, TX 78042

Mario A. MartinezMartinez and Associates Governmental Affairs1122 Colorado, Suite 208Austin, Texas 78701

13. This agreement shall be governed by and construed and interpreted in accordancewith the laws of the State ofTexas.

14. This Agreement contains the entire Agreement and understanding between theparties with respect to the subject matter hereof and supersedes all priordiscussions and writings with respect thereto.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day andyear first above written.

(Client)

By _

(Contractor)

By _

EXHIBIT AAttached to Personal Services Agreement

Dated: January 1, 2009

Services to be performed:

1. Representation of the Client will be before the Texas Legislature, state agencies, andofficials of the Executive Branch of the Texas state government.

2. Work with Client in formulating an agenda for the 81st Legislative Session and assist inestablishing a strategy to implement that agenda.

3. Reports will be provided on a monthly basis in the form of short summaries as directedby the Client regarding the status ofproposals identified to be of interest to the Client.These summaries will be directed to the designated legislative liaisons of the Client.

4. Coordinate meetings with legislators to promote the Client's legislative agenda.

5. Assist the Client with the preparation of testimony before legislative committees.

6. Provide governmental relations advice and strategy.

7. Provide advice and insight on the political environment and trends.

8. Represent the Client on the various interim charges of interest which are to be laid out byboth the House and Senate during the 81 st Legislative Interim.

9. Continue to work with the Client in preparing a legislative agenda for the 82nd LegislativeSession.

10. Represent the Client during any special called session of the 81st Legislature.

11. Maintain regular communications with designated legislative liaisons of the Client.


DATE: SUBJECT: MOTIONS01/0512009 Consideration to award contract number FY09-020 to:

1) Castaneda Construction & Materials Laredo, TX estimated amount of $30,000.00;2) La Flecha Materials Inc. Laredo, TX in the estimated amount of $20,000.00 forproviding red top soil and fill dirt for maintenance and capital improvement projectsbeing constructed by the Parks and Leisure Services and the Utilities Departments.The term of this contract will be for a six month period. Castaneda Construction &Materials will be the primary vendor and La Flecha Materials will be the secondaryvendor for the purchase of the needed materials. Funding is available in the respectivedepartmental budgets.

INITIATED BY: STAFF SOURCE:Jesus Olivares Tomas Rodriguez, P.E., Utilities Department DirectorAssistant City Manager Mike Pescador, Park & Leisure Services Department

DirectorFrancisco Meza, Purchasing Agent

PREVIOUS COUNCIL ACTION: None.

BACKGROUND: The City received two bids for the purchase of approximately 1,000 cubic yards of redtop soil and approximately 1,000 cubic yards of fill dirt as needed for on-going maintenance and capitalimprovement projects. This bid will be awarded by item to a primary and secondary vendor and is based onestimated quantities. The term of this contract is for a six month period with an option to extend for anadditional six month period. As per all supply contracts, the intent of this contract is to secure a fixed costfor this commodity for the contract period.

Material Vendor Estimated Qty Unit Price TotalRed Top Soil Castaneda Construction & 1,000 CYD $21.00 $21,000.00

MaterialsRed Top Soil Flecha Materials Inc. 1,000 CYD $23.00 $ 23,000.00

Fill Dirt Castaneda Construction & 1,000 CYD $ 9.00 $ 9,000.00Materials

Fill Dirt La Flecha Materials, Inc. 1,000 CYD $10.00 $ 10,000.00

FINANCIAL IMPACT: The purpose of this contract is to establish prices for the commodities or servicesneeded, should the City need to purchase these commodities or services. The City's obligation forperformance of a six month contract with an option to extend for an additional six month period.

Funding is available in the departmental budgets.Parks and Recreation Account Number: 101-3115-552-1900Utilities Department Account Number: 557-4130-532-3014COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended

that this contract be approved.


DATE: SUBJECT: MOTIONConsideration for approval of change order no. 2 an increase of $56,878.50 for improvements

01/05/09 necessary during construction such as additional valley gutters, drainage pipe, soil stabilization,and erosion controls to enhance the drainage system; and additional paving improvements toaccommodate heavy vehicle traffic, and to add twenty (20) working days to the constructioncontract with Rhino Builders, Ltd., for the McPherson Road Widening North of Del Mar Blvd,Phase II, Step "c" (Mahogany Dr. to Shiloh Dr.). Current construction contract amount is$1,087,079.50 and contract time is two hundred thirty (230) working days. Funding is available inthe 2004 Transit C.O. Project #TRMAHO.

INITIATED BY: STAFF SOURCE:Carlos Villarreal, Rogelio Rivera, P.E.,City Manager City Engineer

PREVIOUS COUNCIL ACTION:On February 4, 2008, City Council awarded a construction contract to the sole bidder Rhino Builders, Ltd., in theamount of$I,009,531.00 for the McPherson Road Widening North of Del Mar Blvd, Phase II, Step "c"(Mahogany Dr. to Shiloh Dr.).

BACKGROUND:This project consists of an approximately 3000 linear feet widening on the west side of McPherson Road to providespace for an additional emergency/left turning lane and 3' wide median in the center of the road. The widening willextend an approx. average of 14.5' along the west side of the road except on the last 300' approaching theintersection to Shiloh Dr. where the widening is allocated on both sides of the road. The pavement structure isdesigned for heavy traffic. This project also includes the construction of an 8' wide sidewalk, accessible ramps atintersections and driveways, the extension of the existing storm sewer system, inlets and manholes, installation of asubsurface drainage system, construction of roadside open channel drainage, relocation of existing inlets, relocationof existing street and traffic signs, relocation/removal of trees, the construction of 2 El Metro bus bays, relocationand upgrade of traffic lights (by others), relocation of street security lights (by others), removal of existing lanesstriping and re-stripe according to new alignment of road lanes including islands, raised markers, adjustment ofpublic utility lines and fixtures, implementation of a traffic control plan and a water pollution prevention plan.

Plans and specifications were prepared In-House by the City Engineering Department.

This change order no. 2 is for improvements necessary during construction such as additional valley gutters,drainage pipe, soil stabilization, and erosion controls to enhance the drainage system; and additional pavingimprovements to accommodate heavy vehicle traffic, and to add twenty (20) working days to the constructioncontract time.

Original construction contract amount $1,009,531.00(Approved by City Council on February 4, 2008)

Change order no. 1 $ 20,670.00(Approved by the City Manager on March 19,2008)To adjust unit costs of 18" storm sewer pipe, reduce run-off water getting into Liberty HillsSubdivision through Liberty Loop, and to drain the sub-surface water collection system intothe storm sewer system and to add ten (10) working days to the contract time.

This change order no. 2 $ 56,878.50Current construction contract amount $1,087,079.50

FINANCIAL IMPACT:Funding is available in the 2004 Transit C.O. Project #TRMAHO.Account No. 518-5190-585-9301

COMMITTEE RECOMMENDATION:Operations Committee Approval (1/02/09)

STAFF RECOMMENDATION:Approval of Motion.

o>~-z; ~ ..a: ~

,t-

/'

JI

CONSIDERATION FOR APPROVAL OF CHANGE ORDER No.2, FORTHE McPHERSON ROAD WIDENING NORTH OF DEL MAR BLVD.,

PHASE II, STEP "C" (MAHOGANY DR. TO SHILOH DR.)

City Council MeetingJanuary 5, 2009

CITY OF LAREDOENGINEERING DEPARTMENT1110 lOSal ST. po. IlOl 11 PH. 111-1346 FAl 210 1'J1-14

AGENDA ITEM

DATE:1/05/09


SUBJECT: MOTIONSConsideration to award contract to the low bidder, Z Rider of Texas, SanAntonio, TX in the total amount of $19,980.00 for the purchase of four, SegwayPolice Personal Transporters. Funding is available in the Police Justice Assistancegrant.

INITIATED BY:Cynthia Collazo, Deputy City Manager


STAFF SOURCE:Carlos R. Maldonado, Chief of PoliceFrancisco Meza, Purchasing Agent

BACKGROUND: The City solicited formal bids for contract FY09-005 on October 10, 2008. A purchaseorder was issued to Z-Riders for the purchase of eight, Segway Personal Transporters for the Laredo PoliceDepartment in the total of $49,600.00. The Police Department has been awarded a Police Justice Assistancegrant to purchase four additional units. Authorization is requested to purchase these four additional unitsfrom the low the low bidder, Z Rider of Texas, San Antonio, Texas. Delivery is expected within 10 daysafter receipt of order.

DescriptionPolice Segway

Model 12

Z Rider of TexasQty. Unit Cost Total Cost

4 $ 4,995.00 $19,980.00delivery10 days

Alamo Segway KypressUnit Cost Total Cost$5,350.00 $ 21,400.00

FINANCIAL IMPACT: Funding is available in the Police Justice Assistance 07-11 Capital OutlayProceeds.

Account NumberPolice Department: 229-2338-525-9001


Total Amount$19,980.00

STAFF RECOMMENDATION: It is recommended thatthis purchase be approved.

DATE:1/05/09


SUBJECT: MOTIONConsideration to ratify the emergency purchase order issued to Schindler ElevatorCorporation, San Antonio, Texas, in the total amount of $103,878.50 for furnishingparts and labor to repair the damaged escalators at the Laredo International Airport.Due to the continuous use of the escalators, it is essential that the repair becompleted. Funding is available in the Airport budget and the Capital Improvementfund

INITIATED BY:Jesus Olivares, Assistant City Manager


STAFF SOURCE:Jose L. Flores, Airport Department ManagerFrancisco Meza, Purchasing Agent

BACKGROUND: A purchase order has been issued to Schindler Elevator Corporation for escalatorrepairs in the total amount of $43,844.00. After dismantling the escalators, the vendor identified thatadditional parts were needed for both up and down escalators. The escalators are presently in use but theyshut down on a regular basis. This service includes all the necessary parts and labor needed to completethese repairs. It is essential that these repairs be completed in order to avoid future maintenance costs.Staff is recommending that this change order be approved.

Current Purchase Order AmountService to repair escalatorRevised Purchase Order Amount

$ 43,844.00$ 60,034.50$103,878.50

FINANCIAL IMPACT: Funds for this service are available from the following line item budget:

Airport MaintenanceCapital Outlay Budget

Account Number242-3610-583-2030402-4310-533-2010

$53,878.50$50,000.00

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:Ratify the City Managers approval to issue purchaseorders to Schindler Elevator Corporation for theseemergency repairs.

DATE:1/05/09


SUBJECT: MOTIONSConsideration to authorize the purchase of two-thousand three hundred and fifty two,(2,352) garbage/refuse carts from Toter Inc., Statesville, NC, through the State ofTexas Cooperative Purchasing Contract 450-A2 in the total amount of $121,198.56.Funding is available in the Solid Waste Services budget.



STAFF SOURCE:Rogelio Rivera, P.E., City EngineerOscar J. Medina, Solid Waste ManagerFrancisco Meza, Purchasing Agent

BACKGROUND: Staff is requesting authorization to purchase 2,352 garbage/refuse carts for the SolidWaste Services Department. These waste containers are designed for household garbage and can be usedwith both semi-automated and automated systems. The price per cart is $51.53 and includes freight,assembly, and hot stamped on both sides of cart body.

Item

96-Gallon Model 79296 container, green

Oty.

2,352

Unit Price Total

$51.53 $121,198.56

FINANCIAL IMPACT: Funding for this equipment is available in the Solid Waste Services budget.

DepartmentSolid Waste Services

Line itemMinor Apparatus & Tools

Expense Account556-2550-532-2400

Amount$ 147,068.46

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:It is recommended that this contract be approved.


DATE: SUBJECT: MOTIONS01/05/09 Consideration to award contract FY09-024 to the low bidder GCR Tire Centers,

Laredo, Texas in the estimated amount of $200,712.05 for the purchase of policepackage tires and passenger tires for the Fleet Department. All tires will be purchasedon an as needed basis. Funding is available in the Fleet Department Fund.

INITIATED BY: STAFF SOURCE:Jesus Olivares, Assistant City Manager Rogelio Rivera, P.E., Engineering Department Director

Francisco Meza, Purchasing Agent


BACKGROUND: The City received four bids for awarding an annual supply contract to furnish policepursuit and regular passenger tires, as needed for all city vehicles. The term of this contract will be for a oneyear period with an option to renew this contract for two additional one year periods. Staff has reviewed thebids submitted and is recommending that a contract be awarded to the low bidder. All tires will be purchasedon an as needed basis.

Bid Summary

GCR Tire Centers Southern Tire Mart American Tire Dist. Wingfoot TireDescription Laredo, Texas Laredo, Texas Fort Worth, Texas Laredo, Texas

Total Total Total TotalSection I Police Tires $ 120,067.50 $ 125,785.00 $ 127,367.50 $ 137,158.00Section II Passenger Tires $ 80,644.55 $ 81,639.60 $ 85,130.59 $ 87,635.59

Section I & II Total $ 200,712.05 $ 207,424.60 $ 212,498.09 $ 224,793.59

A complete bid summary is attached.

FINANCIAL IMPACT: The purpose of this contract is to establish prices for the commodities or servicesneeded, should the City need to purchase these commodities or services. The City's obligation forperformance of this contract beyond the current fiscal year is contingent upon the availability of appropriatedfunds from which payments for the contract purchases can be made. If no funds are appropriated and budgetedduring the next fiscal year, this contract becomes null and void.

Funding for this service is available in the Fleet Maintenance budget.

Fleet Maintenance Fund - Tires & Tubes Account Number: 593-2810-533-2072


Preferred Customer Pagel 1211612008

City of LaredoBid TabulationPolice Tires

FY09-024

GCR Tire Centers Southern Tire Mart American Tire Distributors Wingfoot Commercial TireSection I·Police Tires Laredo. Texas Laredo, Texas Fort Worth, Texas laredo, Texas

Item Tire Type Est.Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total1 P225-60R·16V Eagle RS·A 850 $ 64.75 $ 55,037.50 $ 73.00 $ 62,050.00 $ 73.96 $ 62,866.00 $ 70.56 $ 59,976.002 P235-55R17 Goodyear Police 350 $ 87.90 $ 30,765.00 $ 86.10 $ 30,135.00 $ 87.11 $ 30,488.50 $ 99.84 $ 34,944.003 P225-60R18 Goodyear Police 350 $ 97.90 $ 34,265.00 96.00 $ 33600.00 $ 97.18 $ 34.013.00 $ 120.68 $ 42,238.00

Total $ 120.067.50 $ 125,785.00 $ 127,367.50 $ 137,158.00

GCR Tire Centers Southern Tire Mart American Tire Distributors Wingfoot Commercial TireSection II-Passenger Tires Laredo, Texas Laredo, Texas Fort Worth, Texas Laredo, Texas

Item Tire Type Est. Qt~ Unit Price Total Unit Price Total Unit Price Total Unit Price Total1 Lt215-85R16 Hwy Rib 10 Ply 55 $ 79.90 $ 4,394.50 $ 83.30 $ 4,581.50 $ 88.26 $ 4,854.30 $ 96.83 $ 5,325.652 Lt235-85R16 Hwy Rib 12 Ply 154 $ 85.47 $ 13,162.38 $ 81.50 $ 12,551.00 $ 79.98 $ 12,316.92 $ 98.42 $ 15,156.683 l T235-75R15 Hwy Rib 6 ply 95 $ 74.04 $ 7,033.80 $ 80.00 $ 7,600.00 $ 77.23 $ 7,336.85 $ 88.93 $ 8,448.354 LT225-75R16 Hwy Rib 8 Ply 40 $ 85.61 $ 3,424.40 $ 76.50 $ 3,060.00 $ 116.90 $ 4,676.00 $ 95.63 $ 3,825.205 P205-65R15 Radial/Rega. 30 $ 51.25 $ 1,537.50 $ 48.80 $ 1,464,00 $ 48.53 $ 1,455.90 $ 57.99 $ 1,739,706 P225-6oR16 Non Police 75 $ 60.89 $ 4,566.75 $ 60.30 $ 4,522.50 $ 51.30 $ 3,847.50 $ 61,29 $ 4,596.757 P245-75R16 Rib 10 Ply 165 $ 86.89 $ 14,336.85 $ 84.10 $ 13,876.50 $ 90.30 $ 14,899.50 $ 87.04 $ 14,361.608 LT265-75R16 Rib AT 15 $ 91.69 $ 1,375.35 $ 88.30 $ 1,324.50 $ 87.93 $ 1,318,95 $ 104.26 $ 1,563.909 LT235-70R16 Hwy Rib 6 Ply 95 $ 80.92 $ 7,687.40 $ 86.50 $ 8,217.50 $ 84.25 $ 8,003.75 $ 66.72 $ 6,338.4010 P225-70R15 Radial. Rega 4 PI) 12 $ 59.75 $ 717.00 $ 74.60 $ 895.20 $ 79.26 $ 951.12 $ 55.35 $ 664.2011 LT245·70R17 Hwy Rib 10 Ply 20 $ 92.94 $ 1,858.80 $ 96.40 $ 1,928.00 $ 97.70 $ 1,954.00 $ 108.90 $ 2,178.0012 l T255-70R16 Wrangler AT/S 40 $ 86.96 $ 3,478.40 $ 93.50 $ 3,740.00 $ 114.24 $ 4,569.60 $ 129.94 $ 5,197,6013 LT225-70R19.5 Rib 12 Ply 12 $ 169.90 $ 2,038.80 $ 151.00 $ 1,812.00 $ 160.85 $ 1,930.20 $ 207.12 $ 2,485.4414 7ooX15 Rib 8 Ply 4 $ 52.90 $ 211.60 $ 62.50 $ 250.00 $ 73.20 $ 292.80 $ 97.86 $ 391.4415 185-65R14 Hwy Rib 4 Ply 10 $ 43.78 $ 437.80 $ 47.50 $ 475.00 $ 55.88 $ 558.80 $ 44.45 $ 444.5016 P265·70R Hwy 4 Ply 20 $ 92.31 $ 1,846.20 $ 90.00 $ 1,800.00 $ 111.84 $ 2,236.80 $ 100.27 $ 2,005.4017 7.50X16 Rib 12 Ply 15 $ 65.73 $ 985.95 $ 67.50 $ 1,012.50 $ 79.20 $ 1,188.00 $ 112.75 $ 1,691.2518 P225-70R15 Hwy Rib 4 Ply 15 $ 59.75 $ 896.25 $ 77.00 $ 1,155.00 $ 79.26 $ 1,188.90 $ 55.35 $ 830.2519 P225·70R16 Hwy Rib 4 Ply 10 $ 75.62 $ 756.20 $ 84.60 $ 846.00 $ 91.71 $ 917.10 $ 66.32 $ 663.2020 ST205-75R15 Trailer Tire 50 $ 69.01 $ 3,450.50 $ 73.00 $ 3,650.00 $ 75.00 $ 3,750.00 $ 61.86 $ 3,093.0021 P265-70R17 8 Ply 12 $ 100.79 $ 1,209.48 $ 95.50 $ 1,146.00 $ 100.00 $ 1,200.00 $ 104.36 $ 1,252,3222 P215-65R178 Ply 12 $ 63.68 $ 764.16 $ 68,50 $ 822.00 $ 72.82 $ 873.84 $ 66.00 $ 792.0023 P235-65R17 8 Ply 12 $ 91.93 $ 1,103.16 $ 92.50 $ 1,110.00 $ 111.46 $ 1,337.52 $ 72.43 $ 869.1624 P225-60R154 ply 12 $ 52.90 $ 634.80 $ 87.20 $ 1,046.40 $ 55.10 $ 661.20 $ 59.84 $ 718.0825 P245·75R17 Rib 10 Ply 20 $ 105.65 $ 2,113.00 $ 97.50 $ 1,950.00 $ 100.22 $ 2,004.40 $ 115.67 $ 2,313.4026 P215-6oR15 4 Ply 12 $ 51.96 $ 623.52 $ 67.00 $ 804.00 $ 67.22 $ 806.64 $ 57.51 $ 690.12

Total $ 80,644.55 $ 81,639.60 $ 85,130.59 $ 87,635.59


DATE: SUBJECT: MOTIONS1/5/09 Consideration to award contract number FY09-009, to the LOW BIDDER, Interboro

Packaging Corp., Montgomery, N.Y., in the total amount of $127,840.00, for thepurchase of 2 million plastic bags for use in the City's Recycling Program. The bidpricing is 3% less than the previous purchase amount. Funding is available in the SolidWaste Services budget.

INITIATED BY: STAFF SOURCE:Jesus Olivares, Assistant City Manager Rogelio Rivera, P.E., Engineering Department Director

Francisco Meza, Purchasing Agent


BACKGROUND: The City received eleven bids for the purchase of 2 million plastic bags for use in theCity's Recycling Program. Staff has reviewed the bids submitted and is recommending that a contract beawarded to the low bidder Interboro Packaging. Delivery for first shipment is expected within 10-14 daysA.R.O.

Bid Summary Unit Price Total CommentsInterboro Packaging Corp. $0.06392/bag $ 127,840.00Pabco Industries $0.07952/bag $ 159,040.00Boritex Inc. $0.0860/bag $ 172,000.00Dano Enterprises $0.0894bag $ 178,800.00Unipak $0.0900/bag $ 180,000.00Indeco Products, Inc. $0.0920/bag $ 184,000.00Telebusiness, Inc. $0.09350/bag $ 187,150.00Gulf Coast Paper $0.09539/bag $ 190,782.61Dyna Pak Corporation $0.1005/bag $ 201,040.00Epolystar Inc. $0.1025/bag $ 205,040.00Xpedx $0. 1155/bag $ 231,040.00All American Poly $0.2000/bag $ 400,000.00

Bid History 12/07 03/07 04/06$0.06632/bag $0.0664/bag $0.06692/bag

FINANCIAL IMPACT: Funds for the purchase of these bags are available from the following budget.

Solid Waste Fund - Materials & Supplies, Recycling Materials

Account Number: 556-2515-532-3510

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommendedthat a contract be awarded to the low bidder.

DATE:01/05109


SUBJECT: MOTIONSConsideration to authorize a contract with Calence LLC, Austin, TX for thepurchase and installation of information technology equipment in the totalamount of $68,331.98 for the Library's new cyber mobile. This equipment will bepurchased utilizing the State of Texas - Department of Information Resources(OIR) cooperative purchasing program contract number DIRSDD-236. Fundingis available from 2006 Certificate of Obligation bond proceeds.



STAFF SOURCE:Miguel Pescador, Parks & Leisure DirectorMaria Soliz, Acting Library ManagerFrancisco Meza, Purchasing Agent

BACKGROUND: Authorization is requested to purchase the needed information technology equipmentneeded for the cyber mobile. The equipment to be purchased and installed includes a control andmanagement router to manage the flow of communications which include data, voice, and video satellitecommunications to the cyber mobile. The control and management router will allow for the cyber mobileo be protected by the Laredo Public Library computer filtering system to safeguard patrons. The cybermobile will be a mobile wi-fi access center and allow for distance learning through the ability to send a liveIbroadcast to and from the cyber mobile. It will also allow for the cyber mobile to be Children's InternetProtection Act (CIPA) and Child Online Protection Act (COPA) compliant. This purchase will be secured!from Calence LLC through the State of Texas - Texas Procurement and Support Services (TPASS) DIR1C00perative Purchasing Program.

CalenceLLCDIR Contract Number SDD-236

IT Equipment InstallationInstallationTotal

$ 50,331.98$ 18,000.00$ 68,331.98

FINANCIAL IMPACT: Funding is available from 2006 Certificate of Obligation bond proceeds.

Expense Account

2006 Certificate of Obligation Bond


461-9810-535-9004

STAFF RECOMMENDATION: Authorize theuse of the State of Texas cooperative purchasingcontract.

DATE:01/05/09


SUBJECT: MOTIONSConsideration to authorize the purchase of two street sweepers from TymcoInternational, LTD., in the total amount of$321,085.10 through the Houston GalvestonArea Council of Governments (H-GAC) cooperative purchasing program's contractpricing. These sweepers will be assigned to the Public Works Department. Funding isavailable from 2007 Certificates of obligation bond proceeds.


STAFF SOURCE:Rogelio Rivera, P.E., City EngineerJohn Orfila, Public Works ManagerFrancisco Meza, Purchasing Agent

PREVIOUS COUNCIL ACTION: Authorized participation in the Houston Galveston Area Council ofGovernments (H-GAC) cooperative purchasing program.

BACKGROUND: Authorization is requested to purchase two street sweepers for the Public WorksDepartment. These sweepers will be purchased from Tymco International, LTD., utilizing the H-GACcooperative purchasing program contract pricing.

VendorTymco International, LTD

Equipment2009 Freightliner Cab and ChassisWith TYMCO 600 Regenerative AirSweeperH-GAC Admin Fee

Unit Price$158,170.00

Total$316,340.00

$ 4,745.10$321,085.10

FINANCIAL IMPACT: Funding for this equipment is available in the 2007 Certificates of obligationbond proceeds.

Department-Public Works

Automotive Equipment Capital Outlay

Expense Account

462-9810-535-9004

Amount

$321,085.10


DATE:

1/5/2009


SUBJECT: MOTIONAuthorizing award of 2008 HOME Investment Partnership Program (HOME),Community Housing Development Organization (CHDO) set-aside funds in the amountof $187,243.00 to Habitat for Humanity of Laredo, Inc. to assist in the construction ofapproximately 8 homes for the Tierra Prometida a 50 home project; and furtherauthorizing the City Manager to execute all documents in support of the same.


STAFF SOURCE:Ronnie AcostaCD Director

PREVIOUS COUNCIL ACTION:8/04/08- Council approved the submission of the 2008 One Year Action Plan to HUD which included theapplication for 2008 HOME Investment Partnership funds in the amount of$1,248,285.00 [which amountincludes a 15% CHDO set aside in amount of$187,243.00].BACKGROUND:In 2008 the City received a HOME Investment Partnership Program Entitlement of$1,248,285.00, ofwhichsum, by statutory requirements, the City is obligated to set aside 15% of the Program Year's funds for use bya CHDO. That 15% amounts to $187,243.00, and the selected CDHO is Habitat for Humanity of Laredo, Inc.

A Community Development Housing Organization (CHDO) is a private, non-profit organization that engagesin the development ofaffordable housing and meets the requirements as stipulated in the Home InvestmentPartnership Program (HOME) Rule. In order for a CHDO to receive HOME funds, a CHDO must act as adeveloper, sponsor, and/or owner ofhousing. Habitat for Humanity is a CHDO.

Habitat for Humanity of Laredo, Inc. submitted a sole proposal for the award and use of2008 HOME CHDOset aside funds. The proposal was reviewed and evaluated by a staff committee. Based on the scoring of theproposals, the committee recommended that the $187,243.00 be awarded to Habitat for Humanity of Laredo,Inc to assist in the construction of approximately 8 homes for Tierra Prometida. Habitat intends to use thesefunds for the purchase of building materials, for soft costs, for professional services, foundation site work, soiltesting, and other related expenses. These funds will be utilized to construct decent, simple affordable housingfor low-income families in our community. The regulations of the HOME program require that all HOMEfunds be committed within 24 months and be expended within five years of the date of award to avoid recapture of fund by the Department of Hosing and Urban Development HUD.

Habitat for Humanity was previously awarded $140,000 in 2004, $194,981.40 in 2006 and $95,631.40 in2007. These funds are being used to assist in the development of Tierra Prometida a 50 home project.

FINANCIAL IMPACT:2008 Community Housing Development Organization (CHDO)/Acct. #: 217-6946-563-7530.

COMMITTEE RECOMMENDATION: I STAFF RECOMMENDATION:N/A That this Motion be passed.


DATE: SUBJECT: MOTIONConsideration for approval to award a construction contract to the lowest bidder Reim

01/05/09 Construction, Inc., Alton, Texas, in the amount of$687,416.80 for the Father McNaboePark Phase II - Step "A". Funding is available in the Father McNaboe ParkImprovements Phase II.

INITIATED BY: STAFF SOURCE:Carlos Villarreal, Rogelio Rivera, P.E.,City Manager City Engineer

PREVIOUS COUNCIL ACTION:None.

BACKGROUND:The project consists of parking lots, walking trails, sidewalks, storm drainage, pedestrian crossings,erosion control, and other miscellaneous amenities.

Plans and specifications were prepared in-house by the City Engineering Department.

Five (5) bids were received at the City Secretary's Office at 2:00 P.M. on Thursday, December 18,2008,and publicly opened, read, and taken under advisement on Friday, December 19,2008, at 11 :00 A.M., asfollows:

Contractor (Bidder) Base BidBig L.L.C. Laredo Atlantis, Inc. $887,429.00Zapata, TexasZertuche Construction, LLC. $724,258.17Laredo, TexasReim Construction, Inc. $687,416.80Alton, TexasCG Construction, Inc. $731,473.52Laredo, TexasQro Mex Construction Co., Inc. $703,620.75Granite Shoals, Texas

The bid and bid bonds were checked and found to be in order. Staff therefore recommends award in theamount of$687,416.80 to Reim Construction, Inc., Alton, Texas.

Contract time is one hundred (100) working days after notice to proceed is issued.

FINANCIAL IMPACT:Funding is available in the Father McNaboe Park Improvements Phase II.Account No. 460-9822-535-4236COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:Operations Committee Approval (1/02/09) Approval of Motion.

a m e n d e d city of laredo · fifty two, (2,352) garbage/refuse carts from toter, inc.,...

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