City Council Meeting

CITY OF LAREDOCITY COUNCIL MEETING

A-2008-R-023CITY COUNCIL CHAMBERS

1110 HOUSTON STREETLAREDO, TEXAS 78040

DECEMBER 1, 20085:30 P.M.

DISABILITY ACCESS STATEMENTPersons with disabilities who plan to attend this meeting and who may need auxiliary aid orservices are requested to contact Gustavo Guevara, City Secretary at (956) 791-7308 at leasttwo working days prior to the meeting so that appropriate arrangements can be made. Theaccessible 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 cellularphones and pagers, or place on inaudible signal. Thank you for your consideration.

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. ROLL CALL

IV. MINUTESApproval of the minutes of August 6, 14, 15, 18 and 25, 2008 and September 2,2008.

V. COMMUNICATIONS AND RECOGNITIONS

Recognitionsa. Recognizing LISD Vidal M. Treviño School of Communications and Fine Arts

for undertaking Teens in the Driver Seat, America’s first peer-to-peer safetyprogram for young drivers.

b. Presentation by H.E.B. representatives regarding Feast of Sharing.

CommuniquésAnnouncing official public notice of incremental Laredo Police presence,mobilizations and proactive deterrence activities during the upcoming holidayseason. The Laredo Police Department is making known to the citizens of Laredoof the implementation of holiday mobilizations in order to curtail criminal activitiesduring the busy holiday season.

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Citizen commentsCitizens are required to fill out a witness card and identify themselves at themicrophone. Comments should be relevant to City business and delivered in aprofessional manner. No derogatory remarks will be permitted. There is a timelimit of three minutes per speaker.

VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a. Appointment by Council Member Mike Garza of David Cantu to the Board ofAdjustment Committee. (Replacing Albert Moreno)

b. Appointment by Council Member Juan Narvaez of: Luis Castillo, Jr. to the Vehicles for Hire Ad Hoc Committee. Alba Garza to the Laredo Commission for Women.

c. Appointment by Council Member Gene Belmares of Marco Ramos to theVehicle for Hire Ad Hoc Committee.

VII. PUBLIC HEARINGS

1. Public hearing and introductory ordinance amending the City of LaredoFiscal Year 2008-2009 Annual Budget for the Certificate of ObligationSeries 2007 Fund by appropriating revenues and expenditures in theamount of $140,000.00. Revenues are available from interest earnings andwill be designated for the hiring of an engineer to design the Ejido Avenueextension.

2. Public hearing and introductory ordinance accepting a grant in theamount of $27,500.00 from the Texas Department of Transportation forenforcement of Impaired Driver Mobilization (DWI) and amending the Cityof Laredo’s Fiscal Year 2008-2009 Annual Budget/Special Police in theamount of $22,500.00. This grant is for overtime salaries, including fringebenefits, and is funded 100% by the Texas Department of Transportationfor a full year.

3. Public hearing and introductory ordinance amending Chapter 19, Motorand Traffic, Article VIII Stopping, Standing or Parking, Section 19-355,Minimum Fines for Parking Violations of the Code of Ordinances of the Cityof Laredo, to include additional parking violations and associated fines, andto change late charge for nonpayment 10, 30, and 60 days to a set latecharge fine after 14 and 60 days; and providing for severability, publication,and effective date.

4. Public hearing and introductory ordinance amending the City of LaredoFiscal Year 2008-2009 Annual Budget for the Parking Meters Fund byappropriating expenditures in the amount of $180,000.00 from fund balancefor additional construction work and other improvements at the Riverfront

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Parking Lot, for the purchase of new electronic handheld units to be usedby parking enforcement officers for issuing parking citations in thedowntown area, and for purchasing new parking meter auditing andautomotive equipment. The original contract awarded to Star-TechConstruction for improvements to the Riverfront Parking Lot was in theamount of $ 371,705.00. The additional construction work that is proposedto be added to the existing contract is estimated not to exceed $25,000.00.

5. Public hearing and introductory ordinance authorizing the City Managerto enter into an agreement between Texas Engineering ExtensionService/Emergency Services Training Institute (TEEX) and the City ofLaredo Fire Department to define the responsibilities for both parties for theeducation instructional activities to be offered to firefighters, non firefightertrainees and out of country first responders at the Laredo InternationalFire/Law Enforcement Training Center. The period of performance underthis agreement is specified as September 1, 2008, through August 31,2009, unless sooner terminated in accordance with the terms in theagreement.

6. Public hearing and introductory ordinance accepting a donation of$3,000.00 from HEB Green Bag Grant Program and amending the FiscalYear 2008-2009 Keep Laredo Beautiful operating budget by appropriatingrevenues and expenditures in an increase amount of $3,000.00.

7. Public hearing and introductory ordinance authorizing the City Managerto amend the City of Laredo FY 2009 Civic Center Fund Budget byappropriating revenues and expenditures in the amount of $104,000.00 tomanage and operate the Civic Center Concession for all facility scheduledevents and festivities.

(Recess)(Press Availability)

VIII. INTRODUCTORY ORDINANCES

8. Amending Chapter 2 [Administration] Article VI [Investment Policy] of theCode of Ordinances in order to:1) Add section 2.258 B3 [Authorize Investments] Certificate of Deposit

Account Registry Service (CDARS); and2) Adding Texas Daily/Texas Star as an authorized Local Government

Investment Pool under Section 2.268 [Approved Local GovernmentInvestment Pools; and

3) Amending and modifying the order section of Article IV in order to makethe article comply with Chapter 2256 of the Government Code [knownas the Public Investment Act]; and providing for an effective date.

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9. Closing as public easements the following street sections in the EasternDivision of the City of Laredo, Webb County, Texas:(1) Mendiola Avenue between Tinaja and Palo Blanco Streets; and(2) Thurman Street between Meadow and Mendiola Avenues, including its

intersections with Mendiola Avenue; and(3) The east one half of Norton Street between Meadow and Seymour

Avenues.Except for existing utilities located therein; and providing for an effectivedate.

10. Repealing Ordinance No. 2008-O-160 dated August 4, 2008, thatauthorized a Foreign-Trade Zone (FTZ) Operations Agreement withConsolidora Internacional de Carga, S.A. de C.V., as Zone Site Operatorwithin FTZ Site III located at 12014 Sara Road, Killam Industrial Park, andauthorizing the City Manager to execute a Foreign-Trade-Zone OperationsAgreement by and on behalf of the City of Laredo, Grantee of Foreign-Trade Zone No. 94 and AC Imports & Exports Agency, Inc., as Zone SiteOperator within Site No. III located at 12014 Sara Road, Killam IndustrialPark effective January 1, 2009 and ending on September 30, 2009.Providing activation, administration and transaction fees be paid to the City;providing for an effective date.

11. Authorizing the City Manager to execute a Vending Machine Concessionand Lease Agreement with Villa Laredo for the purpose of operating avending machine concession located at the 2nd Floor Departure Lounge at5210 Bob Bullock Loop at the Laredo International Airport. Lease term isfor five (5) years commencing on January 1, 2009, and ending onDecember 31, 2014. The minimum annual rent guarantee is $3,620.00payable in twelve (12) monthly installments; providing for effective date.

12. Authorizing the City Manager to execute an amendment to the leaseapproved by Ordinance No. 2004-O-038 dated February 17, 2004, andamended by Ordinance No. 2006-O-158 dated July 17, 2006, andOrdinance No. 2007-O-151 dated August 20, 2007, between the City ofLaredo, as Lessor, and Webb County Juvenile Board, as Lessee, for theJuvenile Justice Alternative Education Program (JJAEP) school campusconstituting an approximate 100,357 square foot tract of land located onBlock No. 11 of the Airport Subdivision Plat at the Laredo InternationalAirport. Said amendment will extend the lease term 18 months ending onJune 30, 2010, at the existing monthly rent amount of $2,407.00, andSection 1.07, Rent Escalation, is deleted. All other terms and conditions ofthe lease remain unchanged and in effect; providing for an effective date.

13. Authorizing the City Manager to grant a License Agreement by andbetween The City of Laredo, Texas and VTX Communications, LP, a Texas

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Limited Partnership, dated December 2, 2008 for the use of one (1) innerduct in the Juarez Lincoln Bridge and 640 linear feet of right-of-way.

1. Term of the agreement shall be for five (5) years commencing at 12:00am, December 2, 2008 and terminating at 12:00 pm, December 1,2013.

2. Annual duct fee shall be $20,000.00 and will increase by five percent(5%) every year the license is in place. In addition to the duct fee,Licensee shall pay a six dollar ($6.00) linear foot right-of-way fee, andwill increase by five percent (5%) every year.

14. Authorizing the City Manager to grant a License Agreement by andbetween The City of Laredo, Texas and Bestel USA, Inc., dated December16, 2008 for the use of one (1) inner duct in the Juarez Lincoln Bridge and566 linear feet of right-of-way.

1. Term of the agreement shall be for five (5) years commencing at12:00 a.m., December 16, 2008 and terminating at 12:00 p.m.,December 15, 2013.

2. Annual duct fee shall be $20,000.00 and will increase by five percent(5%) every year the license is in place. In addition to the duct fee,Licensee shall pay a six dollar ($6.00) linear foot right-of-way fee, andwill increase by five percent (5%) every year.

15. Authorizing the City Manager to provide for the transcription of proceedingsof the Municipal Court of Record of the City of Laredo by electronicrecording device; and providing for an effective date.

IX. FINAL READING OF ORDINANCES

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2008-O-229 Amending the City of Laredo Bridge System Fiscal Year2008-2009 Bridge Annual Budget by appropriating $784,950.00 fromthe Bridge System Construction Fund opening balance to theImprovements Other than Buildings, Improvements to Buildings, andMachinery and Equipment Account. Funding will be used for Bridgerelated projects.

2008-O-230 Amending the City of Laredo Health Department Fiscal Year2008-2009 annual budget by appropriating revenues and expenses inthe amount of $45,000.00 from the Serving Children and Adolescentsin Need (SCAN), Inc., to continue the partnership for services providedby the Department’s HIV Program of HIV outreach, HIV testing, preand post test counseling and pre-treatment services for the term from

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October 1, 2008 through September 30, 2009 and authorizing the CityManager to execute the contract.

2008-O-231 Amending the City of Laredo Code of Ordinances Chapter 2,Administration; Article I, Section 2-3 (b) fees for City services, byrealigning the current charges for Health Department recordsillustrated in items 10, 11, and 12 to reflect the fees charged inaccordance with the Texas Administrative Code, Title I, Part 3, Chapter70. As mandated by the Texas Health and Safety Code Chapter191.0045, Local registrars may charge an additional $1.00 forpreservation of vital records; therefore, we are amending Chapter 2,Administration, Article I, Section 2-3(b) fees for City services (b) HealthDepartment of the City Code of Ordinances increasing the fee forcertified birth certificates from $22.00 to $23.00; and requestingapproximately $15,120.00 in additional revenues be appropriated toexpense account 226-2912-544-9900; and providing for effective dateand publication. (As amended)

2008-O-232 Accepting a grant from the Target Corporation for the LaredoPolice Department Community Relations Unit in the amount of$1,000.00 and amending the City of Laredo Fiscal Year 2008-2009General Fund Annual Budget by increasing revenues and expendituresin the amount of $1,000.00. The Target Corporation will contribute thefull grant amount of $1,000.00 with no match obligated to the City ofLaredo. The Laredo Police Department will use this grant to purchasepromotional supplies. Grant period will be from October 1, 2008through September 30, 2009.

2008-O-233 Amending the Zoning Ordinance (Map) of the City of Laredoby rezoning 8.08 acres, as further described by metes and bounds inattached Exhibit "A", located at the southwest corner of St. LukeBoulevard and St. David Lane, from R-1A (Single Family ReducedArea Residential District) to B-3 (Community Business District);providing for publication and effective date.

2008-O-234 Amending the Zoning Ordinance (Map) of the City of Laredoby issuing a Conditional Use Permit for an equipment yard on Lots 1,2, & 3, Block 1998, Eastern Division, located at 3203 Kearney Street;providing for publication and effective date.

2008-O-235 Amending the Zoning Ordinance (Map) of the City of Laredoby rezoning the west two-thirds of Lots 1 and 8, Block 1816, EasternDivision, located at 2901 Saunders Street, from B-3 (CommunityBusiness District) to B-4 (Highway Commercial District); providing forpublication and effective date.

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2008-O-236 Amending Ordinance No. 2006-O-246 authorizing theissuance of a Conditional Use Permit for a photo shop/studio office onthe east 120 feet of Lot 6 and the east 120 feet of the south ½ of Lot 4,Block 1650, Eastern Division, located at 1910 N. Arkansas Avenue, byamending the narrative to reflect additional employees and longerhours of operation, and amending the site plan; providing forpublication and effective date.

2008-O-237 Amending Ordinance No. 2005-O-271 authorizing theissuance of a Conditional Use Permit for a bar on Lot 1, Block 1,Rancho Verde Subdivision, located at 9652 McPherson Road, Ste. #1,by amending the provisions to reflect an additional owner and extendthe expiration date of the Conditional Use Permit for three years;providing for publication and effective date.

2008-O-238 Amending Ordinance No. 2006-O-264 authorizing theissuance of a Conditional Use Permit for a bus terminal on Lots 6-7,Block 176, Western Division, located at 1020 Santa Ursula Avenue, byamending the provisions to extend the expiration date for theConditional Use Permit for one year; providing for publication andeffective date. (As amended)

2008-O-239 Amending the Zoning Ordinance (Map) of the City of Laredoby authorizing a Conditional Use Permit for an Office on Lot 25, Block10, Los Presidentes II, located at 1924 Avenida Durango; providing forpublication and effective date. (As amended)

2008-O-240 Authorizing the City Manager to execute a lease amendmentto the lease agreement dated October 23, 2000 and authorized byOrdinance No. 2000-O-259 between the City of Laredo, as Lessor, andBarker Aeromotive, as Lessee, for approximately 10,500 square feet ofland located at 4015 North Jarvis Avenue at the Laredo InternationalAirport. Said amendment will (a) reduce the leased area fromapproximately 10,500 square feet of land to 2,529 square feet of land,(b) adjust the monthly rent obligation to $268.07 and (c) amendLessee’s insurance requirements effective December 1, 2008. Allother terms and conditions remain unchanged and in effect; providingfor an effective date.

2008-O-241 Authorizing the City Manager to execute a lease with LaredoAero Center, Inc., for approximately 7,882 square feet of land locatedat the Airport Westside Fuel Farm at the Laredo International Airport.Lease term is for eleven (11) years and eight (8) months commencingon December 1, 2008 and ending on July 31, 2020 and may beextended for two (2) terms of five (5) years each ending July 31, 2025and July 31, 2030. Monthly rent shall be $835.49 and will be adjusted

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annually according to changes in the Consumer Price Index andfurther rent adjustments shall be made by Fair Market Value appraisalon the 10th and 20th anniversaries; providing for an effective date.

2008-O-242 An ordinance electing for the City to make current serviceand prior service contributions to the City’s account in the MunicipalAccumulation Fund of the Texas Municipal Retirement System at theactuarially determined rate of total employee contribution.

X. RESOLUTIONS

17. 2008-R-141 Authorizing the City Manager to enter into and execute anInteroperability User License Agreement, attached hereto as Exhibit A,between the Corrections Corporation of America (CCA) and the City ofLaredo for the purpose of granting a non-exclusive permission to use theCity of Laredo’s 800 MHz Trunked Voice Radio System. CCA will beoperating three (3) portable radios on a daily basis and will be responsibleto pay an initial fee of $1,769.00 per radio (unit) and an operational annualfee of $265.00 per radio (unit) for a total of $6,102.00 due upon execution ofthis agreement.

18. 2008-R-142 Authorizing the City Manager to enter into and execute acooperative working agreement between the University of Texas HealthScience Center at San Antonio Police Department (UTHSCSAPD) LaredoCampus and the Laredo Police Department for the purpose of providingassistance on a special need basis.

19. 2008-R-143 Authorizing the City Manager to enter into and execute acooperative working agreement between the Laredo Community CollegePolice Department (LCCPD) and the Laredo Police Department for thepurpose of providing assistance on a special need basis.

20. 2008-R-144 Accepting the assignment and dedication of a waterlineeasement from Laredo Four Winds, Ltd., and Paisano Home Builders, Inc.for the Cuatro Vientos Fire Hydrant Project; said waterline easement beingfifteen feet wide, containing 1,247.74 square feet more or less, and beingout of Lot 1, Block 2, Cuatro Vientos Norte Subdivision, Phase 1, recordedin Volume 22, Page 70, Plat Records of Webb County, Texas anddescribed by Metes and Bounds and Survey, attached as Exhibits 1 and 2of Exhibit A.

21. 2008-R-145 Authorizing the City Manager to submit a grant application tothe State of Texas Governor’s Office in the amount of $250,000.00 forovertime for Laredo Police Officers working under the Gang Initiative Grant

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Program. The grant is to be 100% funded by the State of Texas Governor’sOffice for the period of November 1, 2008 through August 31, 2009 at nocost to the City.

XI. MOTIONS

22. Confirming the nomination by Municipal Court Judge Alfonso H. Ornelas Jr.of the reappointment of Edward F. Maddox as Associate Municipal CourtJudge for the City of Laredo for a (2) two year term to begin on December1, 2008, and end on December 1, 2010; as per Article V, Section 5.02 ofthe Charter of the City of Laredo.

23. Confirming the nomination by Carlos Villarreal, City Manager, of thereappointment of Juan B. Caballero as Associate Municipal Court Judge forthe City of Laredo for a (2) two year term to begin on December 1, 2008,and end on December 1, 2010; as per Article V, Section 5.02 of the Charterof the City of Laredo.

24. Authorizing the Laredo Convention and Visitors Bureau to place temporarypromotional banners for the VII Annual Laredo International Sister CitiesFestival scheduled for January 23-25, 2009. The banners will be installedat the intersections of Springfield Avenue and Hillside Road and at CaltonRoad and Yeary Avenue to promote the festival. The banner will beinstalled from January 5 to January 26, 2009.

25. Authorizing the City Manager to contract with the following consultantsintergovernmental, informational, and advocacy services to be provided tothe City of Laredo for the period beginning of October 1, 2008 throughSeptember 30, 2009. Funding is available in General Fund, Bridge Fund,and Informational Technology Fund.Miller and Van Eaton, P.L.L.C. (Gerry Lederer), Washington, D.C. in the

amount of $90,000.00, plus $11,550.00 out of pocket expenses;Government Relations, Inc., (Allyn Howe), Oakton, Virginia, in the amount

of $90,000.00, plus $5,000.00 out of pocket expenses.

26. Refund of property tax in the amount of $999.99 payable to American HomeMortgage Servicing due to an overpayment. Account #925-00015-271.

27. Consideration for approval of the selection and award of a professionalservices contract to consultant O’Connor Engineering & Science, Inc.,Laredo, Texas, for the Asbestos Containing Building MaterialsInvestigations for FY 2008-2009, and authorization to negotiate aprofessional services contract fee for each respective proposed project citywide. Funding is to be available from each respective project account.

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28. Consideration for approval of change order no. 1 to add forty-five (45)working days to the construction contract with Rhino Builders, Ltd., Laredo,Texas, for the Walkway Canopy (USA) of International Bridge I foradditional work needed to core (instead of drilling as specified) throughbridge deck in order to not spall off sections of the undersize of the deck,thereby maintaining structural integrity and also to add time due to risingriver level causing contractor to have to relocate materials stored at RiverBank to higher ground. Current contract time with this change order is onehundred forty-five (145) working days. Funding is available in the BridgeFund – Construction Projects.

29. Consideration for approval to award a construction contract to the lowestbidder ALC Construction, LLC, Laredo, Texas, in the amount of$477,052.00 for the Channel Improvement north of Mary Help of ChristiansSchool. Funding is available in the 2008 C.O. Issue.

30. Consideration to award a supply contract number FY09-008 to the lowbidder, Ferguson Waterworks, Mission, Texas in the estimated amount of$250,000.00 for the purchase of PVC pipe used by the Utilities Department.This will be a sixty (60) day supply contract with an option to extend for anadditional sixty (60) day period. These materials are purchased on an asneeded basis for construction and repair projects. Funding is available inthe Utilities Department budget.

31. Consideration to award contract number FY09-004 to the following lowbidders:1. J.C. Twiss, Laredo, Texas in the estimated amount of $70,000.00;2. Gateway Uniforms, Laredo, Texas in the estimated amount of

$3,000.00;3. Mike’s Western Wear, Laredo, Texas in the estimated amount of

$8,000.00;for the purchase of safety footwear for city maintenance personnel.Contract pricing has been secured for boots styles approved for use by Citymaintenance personnel. Each department will have the option to choosethe type of boot best suited for the work environment and budgetallocation. All safety footwear is purchased on an as needed basis from therespective departmental budgets. Funding is available in the respectivedepartment budgets.

32. Consideration to authorize the purchase of computers, computer software,and other services offered through the State of Texas, Department ofInformation Resources (DIR) cooperative purchase contracts. The City is amember of the State of Texas - Texas Procurement and Support Services(TPASS) Cooperative Purchasing Program which allows eligiblemunicipalities to take advantage of approved State contracts. Funding forcooperative purchase contracts and services are available in the respectivedepartmental budgets.

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33. Consideration to authorize the use of the State of Texas - Procurement andSupport Services (TPASS) Division’s cooperative purchasing programcontract awarded to fourteen (14) qualified library book vendors for thepurchase of library materials. This contract will supplement the Library’sability to purchase books and audio visual materials. Funding is available inthe Public Library budget.

34. Consideration to authorize a contract with Motorola Inc., c\o RZCommunications, for the purchase of thirty (30) portable radio andaccessories in the total amount of $104,996.76. These radios will bepurchased through the Houston Galveston Area Council of Governments(H-GAC) cooperative purchasing program contract number RA01-08.Funding is available in the Police Department’s budget.

35. Consideration to authorize the purchase of practice and duty ammunitionfor the Police Department in the estimated amount of $59,078.12 from G. T.Distributors Inc., Austin, Texas through the BuyBoard CooperativePurchasing Program’s contract pricing. Funding is available in the PoliceDepartment’s budget.

36. Consideration for approval to award a professional services contract toHowland Surveying Company, Inc., dba Howland Engineering andSurveying Company in the amount of $1,910,000.00 for engineeringservices including but not limited to pavement assessment, as built surveys,subsurface exploration, environmental assessment, pavement repairdesigns, construction phase services, and construction materials testing forthe Industrial Streets Project. Funding is available in the Capital GrantsFund.

37. Consideration to authorize approval of an amendment of the professionalservices contract dated May 27, 2008 with Wilbur Smith Associates, for theperformance of professional services related to the MetropolitanTransportation Plan 2010-2035, by amending such that both: the fee isincreased by $45,800.00 from $71,400.00 to $117,200.00, for additionalprofessional services, and to extend the contract by an additional 365 days.Funding is available in the MPO Account.

38. Awarding a construction contract to CG Construction, Inc. DBA CCConstruction Laredo, Texas in the estimated amount of $1,408,069.98 forthe Nadbank-2, Phase “B”, Peñitas Wastewater Treatment Plant. Theproject consists of a 125,000 gallon per day Wastewater Treatment Plant,2418 linear feet of 8” effluent line and related appurtenances to service theColonia Rancho Peñitas West. The construction time is 250 calendar days.This project is funded by the North American Development Bank (NADB)and is subject to their approval. Funds are available in the Colonias Fund.

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39. Consideration for acceptance, final payment and release of retainage in theamount of $232,322.96 to QROMEX Construction, Inc. for the constructionof the 24 inch Water Transmission Main along Del Mar from McPhersonnorth of Del Mar to Loop 20 and Del Mar; with the exception of the bore atthe intersection of Loop 20 and San Isidro Parkway and the calibration ofthe pressure reducing valves, due to the lack of acquisition of theeasements necessary to construct the bore. The contractor depends on theimprovements of the Booster Station at MHOC to calibrate the pressurereducing valves. The pending items to complete the contract total$113,840.00 and will be released at the time of completion. Funding for finalpayment and release of retainage are in the 2006 Utility Revenue Bond.

40. Consideration to accept Change Order No. 3 from Landmark Structures I,LP to furnish and install 316 stainless steel tubing from 1-1/2 tap on bowl topressure transmitter located near ground level at the Cuatro VientosElevated Storage Tank for an increase of $3,358.43. The final contractamount would be $2,553,106.43. Funding is available in the WaterConstruction Fund.

41. Consideration for approval of amendment no. 1 for an amount of $176,681.20 tothe engineering contract with Gilpin Engineering Company, Laredo, Texas fordesign and preparation of plans and specifications for the North Central ParkProject Phase 1B – San Isidro South Area (Main Pond) and Phase 1C – SanIsidro North Area (North of Parkway). Funding is available in N. Central ParkProject Account.

XII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

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A. Request by Mayor Raul G. Salinas1. Discussion with possible action on enhancing the appearance

of Jarvis Plaza to honor our veterans. (Co-sponsored byCouncil Member Cynthia Liendo Espinoza)

B. Request by Council Member Mike Garza1. Discussion with possible action on hiring a consulting firm for

Project Management to assist the Utilities Department onCapital Improvement Projects. (Co-sponsored by CouncilMember Cynthia Liendo Espinoza)

2. Discussion with possible action on hiring a firm to develop aComprehensive Mobility Program for the City of Laredo to

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include Loop 20 Corridor in conjunction with the County ofWebb.

D. Request by Council Member Dr. Michael Landeck1. Discussion with possible action related to all issues pertaining

to the creation or possible creation of Municipal courts ofrecord in Laredo Texas especially as to such court creationsadherence to Texas HB 2617 as authored by Rep. Guillen andSenator Zaffirini, and the binding provisions of Chapter 30 ofthe Texas Government code.

2. Presentation to council, Discussion and possible actionregarding all issues related to the lawsuit and possiblesettlements between the publishers of LareDos and the City ofLaredo as well as the Mayor of the city of Laredo Mr. RaulSalinas regarding the removal of LareDos publications fromtheir display at the Laredo International Airport.

E. Request by Council Member by Gene Belmares1. Discussion with possible action on allocating District VI

Discretionary funds for the Andrew Circle 48 Hour ParkProject.

F. Request by Council Member Cynthia Liendo Espinoza1. Status report on San Bernardo Rehabilitation Program, with

possible action. (Co-sponsored by Mayor Pro-TemporeJose A. Valdez, Jr.)

XIII. STAFF REPORT

43. Update on the Lamar Bruni Vergara Home.

XIV. EXECUTIVE SESSION

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

44. Request for Executive Session pursuant to Section 551.071 (1) (A) of theTexas Government Code to consult with City Attorney regarding thedemolition of the “Bruni Vergara” structure located at 801 Hidalgo Streetwithin the City of Laredo Historical District; and return to open session forpossible action.

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XV. RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THELAREDO MASS TRANSIT BOARD

45. Consideration to authorize the purchase of one (1) Chevrolet 1500Suburban and two (2) 2009 Chevrolet Impalas LS in the total amount of$73,881.00 from Caldwell Country Chevrolet, Caldwell, Texas, through theHouston Galveston Area Council of Governments (HGAC) CooperativePurchasing Program. Funding is available in Transit Sales Tax Fund.

XVI. ADJOURN AS THE LAREDO MASS TRANSIT BOARD AND RECONVENEAS THE LAREDO CITY COUNCIL AND ADJOURN

This notice was posted at the Municipal Government Offices, 1110 HoustonStreet, Laredo, Texas, at a place convenient and readily accessible to the publicat all times. Said notice was posted on Wednesday, November 26, 2008 at 6:00p.m.

Gustavo Guevara, Jr.City Secretary

DATE:

COUNCIL COMMUNICATION

SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE

12/01/2008 Amending the City of Laredo Fiscal Year 2009 Budget for the Certificate of ObligationSeries 2007 Fund by appropriating revenues and expenditures in the amount of$140,000.00. Revenues are available from interest earnings and will be designated for thehiring of an engineer to design the Ejido Avenue Extension.

INITIATED BY: STAFF SOURCE:

Carlos Villarreal, City Manager Rosario C. Cabello, Director OfFinancial Services

PREVIOUS COUNCIL ACTION:City Council adopted the budget for fiscal year 2009 on September 15, 2008 by Ordinance 2008-0-183.Through general council discussion and presentations on the November 17, 2008 council meeting, amotion was made to instruct City Manager to appropriate interest earnings in order to hire an engineer todesign the Ejido Avenue Extension from the 2007 Certificate of Obligation Bond Proceeds.BACKGROUND:The City of Laredo Engineering Department is in the process of requesting for statement of qualificationsfor the surveys, design and preparation of construction plans and specifications for the extension of EjidoAvenue from San Nicolas to Cielito Lindo Blvd., approximately 3,500 1.f. and to a 65 feet wide pavementsection on a 90 feet right ofway.

FINANCIAL:Inception to Inception to

Date Proposed Date BudgetBudget Amendment FY 2009

2007 Certificate ofObligation Fund

Interest Earnings $464,587 $140,000 $604,587462-0000-363-1000

Ejido Avenue Extension -0- $140,000 $140,000462-9854-535-9549

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:Hold Public Hearing and Introduce Ordinance

INTRODUCTORY ORDINANCE

AMENDING THE CI1Y OF LAREDO FISCAL YEAR 2009 BUDGET FOR THECERTIFICATE OF OBLIGATION SERIES 2007 FUND BY APPROPRIATINGREVENUES AND EXPENDITURES IN THE AMOUNT OF $140,000. REVENUES AREAVAILABLE FROM INTEREST EARNINGS AND WILL BE DESIGNATED FOR THEHIRING OF AN ENGINEER TO DESIGN THE EJIDO AVENUE EXTENSION

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

WHEREAS, on November 17fu, 2008, City Council made a motion to instruct City

Manager to appropriate interest earnings in order to hire an engineer to design the Ejido AvenueExtension from the 2007 Certificate of Obligation Bond Proceeds

WHEREAS, in order to provide the funding necessary for the hiring of an engineer for thesurvey, design and preparation of construction plans and specifications for the extension ofEjido avenuefrom San Nicolas to Cielito Nino Blvd., approximately 3,500 I.f to a 65 feet wide pavement section on a90 feet right of way.

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

Section 1: Certificate of Obligation Series 2007 Fund is hereby amended as follows:

2007 Certificate ofObligation Fund

Interest Earnings462-0000-363-1000

Ejido Avenue Extension462-9854-535-9549

Inception toDate

Budget

$464,587

-0-

ProposedAmendment

$140,000

$140,000

Inception toDate Budget

FY 2009

$604,587

$140,000

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

APPROVED AS TO FORM:RAUL CASSOCITY ATTORNEY

BY: ~tI~~~~~111-'-t-L-.~~~'--------ANTHONY C. McGETTRICKASSISTANT CITY ATTORNEY

DATE:December 01, 2008

INITIATED BY:Carlos VillarrealCity Manager

COUNCIL COMMUNICATIONSUBJECT: Public Hearing I Introductory Ordinance

Accepting a grant in the amount of $27,500 from the Texas Department ofTransportation for enforcement of Impaired Driver Mobilization (OWl) and amendingthe City of Laredo's' FY 09 Annual Budget ISpeciai Police in the amount of $22,500.This grant is for overtime salaries, including fringe benefits, and is funded 100% bythe Texas Department of TranspOrtation for a full year.

STAFF SOURCE:Carlos MaldonadoChief of Police

PREVIOUS COUNCIL ACTION:None.

ACTION PROPOSED:That this Ordinance be passed and approved.

BACKGROUND:

The Texas Department of Transportation has made a grant entitled Impaired Driver Mobilization (OWl) Campaignavailable to the laredo Police Department. The grant will pay for overtime salaries and fringe benefits for policeofficers for the enforcement and deterrence of Impaired Driving (OWl). Public information materials will also beavailable under this grant.

FINANCIAL:

Revenues:TxDoTIIDM

Total Revenues

Expenditures:Personnel

Total Expenditures

RECOMMENDATION:

N/A

Budget

$50,000

$50,000

$50,000

$50,000

Proposed BudgetBUdget Amendment

$27,500 -$22,500

$27,500 -$22,500

$27,500 -$22,500

$27,500 -$22,500

STAFF:

Recommends that Council approve this Ordinance.

ORDINANCE

Accepting a grant in the amount of $27,500 from the Texas Department of Transportation forenforcement of Impaired Driver Mobilization (OWl) and amending the City of Laredo's' FY 09Annual Budget ISpeclal Pollee in the amount of $22,500. This grant is for overtime salaries,including fringe benefits, and is funded 100% by the Texas Department of Transportation for a fullyear.

Whereas, there is available to the City ofLaredo a grant entitled Impaired DriverMobilization (DWl) Enforcement Effort from the Texas Department ofTransportation for aprogram which would pay for overtime salaries for offduty police officers for the enforcement ofDriving While Impaired law during December 2008 - September 03, 2009; and

Whereas, the Interim Police ChiefRecommends that the Council authorize acceptance ofa grant for such a program in the amount of $27,500 for fiscal year 2009; and

Whereas, the City Council finds that such acceptance should be made and will bebeneficial to the City.

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

Section 1: Accepting a grant from the Texas Department ofTransportation in the amount of$27,500 for the enforcement ofthe Impaired Driver (OWl) law and maintain an EnforcementEffort from December 2008 through September 2009

Section 2: It authorizes the City Manager to execute all necessary documents to achieve saidgrant and to effectuate its terms.

Section 3: Financial· The fiscal year 2008 budget is hereby amended as follows:

FINANCIAL:BUdget Proposed Budget

BUdget Amendment

Revenues:TxDoTIIDM $50,000 $27,500 -$22,500

Total Revenues $50,000 $27,500 -$22,500

Expenditures:Personnel $50,000 $27,500 -$22,500

Total Expenditures $50,000 $27,500 -$22,500FINANCIAL:

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

Raul SalinasMAYOR

ATTEST:

GUSTAVO GUEVARA, JR.CITY SECRETARY

APPROVED AS TO FORM:

RAUL CASSOCITY ATTORNEY

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

Raul SalinasMAYOR

ATTEST:



~1!l~RAUL CASSOCITY ATTORNEY

DATE:

12/01/08


SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCEAMENDING CHAPTER 19, MOTOR AND TRAFFIC, ARTICLE VIII STOPPING,STANDING OR PARKING, SECTION 19-355, MINIMUM FINES FOR PARKINGVIOLATIONS OF THE CODE OF ORDINANCES OF THE CITY OF LAREDO, TOINCLUDE ADDITIONAL PARKING VIOLATIONS AND ASSOCIATED FINES, ANDTO CHANGE LATE CHARGE FOR NONPAYMENT 10, 30, AND 60 DAYS TO ASET LATE CHARGE FINE AFTER 14 AND 60 DAYS; AND PROVIDING FORSEVERABILITY, PUBLICATION, AND EFFECTIVE DATE.

INITIATED BY:Carlos Villarreal, City Manager

STAFF SOURCE:Roberto Murillo, P.E., PTO.E, Traffic DirectorJesus Olivares, Asst. City Manager

PREVIOUS COUNCIL ACTION: City Council approved final reading of ordinance to increase theminimum fines for parking violations, include additional parking violations and associated fines and addlate charge for nonpayment after 10, 30, and 60 days on September 5, 2006.

BACKGROUND:

The parking enforcement and parking lot operations are self-supporting as defined in the Parking MeterFund of the City of Laredo. Included in this operational fund are expenses for debt service related toinfrastructure improvements to increase the parking capacity for downtown visitors.

After two years of implementing the 10, 30, and 60 days late charge, the Parking Enforcement Division hasencountered several systematic and administrative problems in the process. In an effort to recover ahigher percentage of fines, the goal is to reduce the number of violators by setting a late charge if thecitation is not paid within 14 and 60 days. The 4 additional violations are as follow: (1) Parking in red curb,for vehicles that park in red intersections, (2) disabled parking violation, when vehicles block anarchitectural improvement designed to aid persons with disabilities, including access aisle or curb ramps,(3) commercial vehicle parked in residential area, when a tractor, trailer or both park in a prohibited zoningarea for commercial vehicles, and (4) other, for any parking violations not stated on the citation. Parked indisabled space will remain as a separate violation for $500 as previously voted by city council and thedisabled parking violation, as stated above, will be $250.

A Transportation and Traffic Safety Advisory Committee was held on June 12, 2008, approved proposedadditional parking violations, and associated fines with the exception to lower the violation fee for parked inred curb from $50 to $40 and from $60 to $50 if not paid within 14 days. Change of late charge fornonpayment from 10, 30 and 60 days to a set late charge fine after 14 days of violation was also approved.

(Background cont'd on next page)

FINANCIAL IMPACT: None.

COMMITTEE RECOMMENDATION:Transportation and Traffic Safety AdvisoryCommittee recommended approval.

STAFF RECOMMENDATION:Staff recommends introduction of this ordinance.

BACKGROUND: (Cont'dfrom page 1)

Ex ired MeterNo Parking (loadingzoneNo Parkin $20 $a $a $aBlockin Drivewa $25 $a $a $aParked within 20 feet of $25 $a $a $aintersectionDouble Parked $20 $a $a $a[Parked in red curb $40Parked in a fire zone $50 $a $a $aParking within 15 feet of $50 $a $a $afire h drantParked in a disabled $500 $a $a $a [$1OJ [$10js ace[Disabled parking $250 [$10j [$1OJviolationBlockin crosswalk $20 $a $a $aBlockin aile $20 $a $a $aParked over 18 inches $20 $a $a $afrom curbParked on sidewalk $20 $a $a $aParked in taxi stand (no $25 $a $a $aparkin )Parked between two $20 $a $a $a [$10j [$10jmeter spacesParked within 50 feet of $25 $a $a $a [$10j [$10jrailroad crossinObstructin flow of traffic $25 $a $a $aParked against traffic $25 $a $a $aflowOversized vehicle $125 $a $a $a[Commercial vehicle $65parked in residentialareaOther $15

PUBLIC HEARING AND INTRODUCTORY ORDINANCE

AMENDING CHAPTER 32, VEmCLE FOR mRE, ARTICLE ll, TAXICABS,AMENDING CHAPTER 19, MOTOR AND TRAFFIC, ARTICLE vm STOPPING,STANDING OR PARKING, SECTION 19-355, MINIMUM FINES FOR PARKINGVIOLATIONS OF THE CODE OF ORDINANCES OF THE CITY OF LAREDO, TOINCLUDE ADDITIONAL PARKING VIOLATIONS AND ASSOCIATED FINES, ANDTO CHANGE LATE CHARGE FOR NONPAYMENT 10,30, AND 60 DAYS TO A SETLATE CHARGE FINE AFTER 14 AND 60 DAYS; AND PROVIDING FORSEVERABILITY, PUBLICATION, AND EFFECTIVE DATE.

WHEREAS, the Parking Enforcement Division is authorized to apply regulationsgoverning parking operations in the City ofLaredo; and

WHEREAS, the Parking Enforcement Division is making every effort to improve thecollection rate ofparking fines owed to the City ofLaredo; and

WHEREAS, the collection of revenues will ensure the affordability and regulation offuture parking infrastructure; and

WHEREAS, the Transportation and Traffic Safety Advisory Committee hasrecommended approval of the proposed Motor and Traffic ordinance amendments except forthe additional late charge fine after 60 days which was not presented to Committee ; and

WHEREAS, the City Council is ofthe same opinion,

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

SECTION 1. AMENDMENT

Chapter 19, Motor Vehicles and Traffic, Article VIII, Stopping, Standing or Parking, Section19..355 ofthe Code ofOrdinances ofthe City ofLaredo is hereby amended as follows:

Sec. 19~355. Fines for parking violations.

(a) In the event that a vehicle is parked in violation of the provisions of this article, theowner or person with control over the vehicle shall be subject to a penalty. The penaltyfor a violation ofthis article shall be dependent ofthe particular violation and shall be byfine only. The schedule offines as penalty for violations ofthis article is as follows:

Parking Violation Parkittg l"..dditioflal J'..dditi6Hal AdditiOHal (Proposed (ProposedFine FiDe. FiDe FiDe Additional Additional

...Dfpaid 8fteF. aftef 8fteF Fine EineAfter 60

within 14 IGdays 3Gaays 6Gdays Afte1' ...... ·ditvSl.....diLrsl 14davsl

Expired Meter $10 ~ ~ ~ ($10l {$10/No Parkin~(loadin~zone) $20 ~ ~ ~ ($10l ($10lNoParkin~ $20 ~ ~ ~ ($10l ($10lBlockin~Driveway $25 ~ ~ ~ ($10l ($10lParked within 20 feet of $25 ~ ~ ~ {$10/ {$10/intersectionDouble Parked $20 ~ ~ ~ {$10/ {$10l{Parked in red curb/ $40 {$10/ {$10/Parked in a fIre zone $50 ~ ~ ~ {$10/ {$10/Parking within 15 feet of $50 ~ ~ ~ {$10/ {$10/fIre hydrantParked in a disabled space $500 ~ ~ ~ ($10l ($10l{Disabledparking $250 {$10/ {$10/violation 1Blockin~ crosswalk $20 ~ ~ ~ ($10l ($10lBlockin~alley $20 ~ ~ ~ ($10/ ($10lParked over 18 inches from $20 ~ ~ ~ {$10/ {$10/curbParked on sidewalk $20 ~ ~ ~ {$10/ {$10/Parked in taxi stand (no $25 ~ ~ ~ {$10/ ($10/parkin~)

Parked between two meter $20 ~ ~ ~ {$10/ {$10/spacesParked within 50 feet of $25 ~ ~ ~ {$10/ {$10/railroad crossingObstructing flow of traffic $25 ~ ~ ~ {$10/ {$10/Parked against traffic flow $25 ~ ~ ~ {$10/ {$10/Oversized vehicle $125 ~ ~ ~ {$10/ {$10/{Commercial vehicle $65 {$10/ {$10/parked in residential areal{Other/ $15 {$10/ {$10/

Eaeh of late pay.eDt ormes listed OR this sehed:ule fer 10, 30 aDd 60 days are ill addHioD tothe origiDal paFkiBg fiDes. [Original parkingjines notpaid within 14 days ofviolation datewill be charged an additionallatefee after 14 and 60 days.]

The :fines listed above or any :fine imposed for a violation of this article may be paid by mail orby personal appearance at the parking enforcement division office.

2

(b) The judge of the municipal court is authorized to impose a greater penalty than the fmeslisted in subsection (a) above to cover additional costs associated with late payment of the fmeand/or to provide additional penalty for violations ofthis article. The amount ofthe fine imposedas penalty for a violation of this article shall be within the discretion of the judge of themunicipal court, but in no event shall it be less than the minimum fine for the particular violationlisted in subsection (a) above.

SECTION 2: SEVERABILITY

If any provision, section, subsection, sentence, clause or phrase of this ordinance, or theapplication of same to any person or set of circumstances is for any reason held to beunconstitutional, void, invalid or for any other reason unenforceable, the validity of theremaining portion of this ordinance or its application to other persons or sets of circumstancesshall not be affected thereby, it being the intent of the City Council of the City of Laredo inadopting this ordinance that no portion hereof or provision or regulation contained herein shallbecome inoperative or fail by reason of any unconstitutionality, voidness or invalidity and allprovisions are declared severable for that purpose.

SECTION 3:.PUBLICATION

This ordinance shall become effective upon its passage following the date ofpublication requiredpursuant to the provisions set for in Section 2.09 (d) ofthe City Charter.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON TIDS_______ DAYOF ,2008.

RAUL G. SALINASMAYOR

ATTEST:


APPROVED AS TO FORM:RAUL CASSO, CITY ATTORNEY

KRISTINA HALEASSISTANT CITY ATTORNEY

3

DATE:

12/1/08


SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCEAMENDING THE CITY OF LAREDO FY 2008-2009 ANNUAL BUDGET FOR THEPARKING METERS FUND BY APPROPRIATING EXPENDITURES IN THE AMOUNT OF$180,000 FROM FUND BALANCE FOR ADDITIONAL CONSTRUCTION WORK ANDOTHER IMPROVEMENTS AT THE RIVERFRONT PARKING LOT, FOR THEPURCHASE OF NEW ELECTRONIC HANDHELD UNITS TO BE USED BY PARKINGENFORCEMENT OFFICERS FOR ISSUING PARKING CITATIONS IN THEDOWNTOWN AREA, AND FOR PURCHASING NEW PARKING METER AUDITING ANDAUTOMOTIVE EQUIPMENT. THE ORIGINAL CONTRACT AWARDED TO STAR ~TECH

CONSTRUCTION FOR IMPROVEMENTS TO THE RIVERFRONT PARKING LOT WASIN THE AMOUNT OF $ 371,705. THE ADDITIONAL CONSTRUCTION WORK THAT ISPROPOSED TO BE ADDED TO THE EXISTING CONTRACT IS ESTIMATED NOT TOEXCEED $25,000.


STAFF SOURCE:Roberto Murillo, P.E., PTO.E., Traffic Safety Manager

Jesus Olivares, Asst. City Manager

PREVIOUS COUNCIL ACTION:On May 19, 2008, City Council approved an ordinance appropriating expenditures in the additional amount of $97,000from the parking meter fund balance for the Riverfront Parking Lot RestructUring Project

BACKGROUND: The Riverfront Parking Lot was opened in December 2001. On November 19, 2007, City Councilapproved an expenditure appropriation in the amount of $300,000 from fund balance for the Riverfront Parking LotRestructuring Project. On April 23, 2008, bids were revealed for the Riverfront Parking Lot Restructuring Project andStarTech Construction was the lowest bidder with a bid amount of $371,704.75. On May 19, 2008 City Councilapproved an additional appropriation for expenditures in the additional amount of $97,000. The contract wasawarded on June 2, 2008. The project is approximately 60% complete.

The following addendurns to the project are of much need for the parking lot

$25,000 (Estimated) - Additional concrete to be performed by the contractor needed for the ongoing project at theRiverfront Parking Lot.$10,000 - Lab testing fees for project not included in contract.$20,000 - Parking lot light fixtures need to be upgraded to improve illumination and provide adequate lighting for theentire parking lot. This is an important safety concern for the protection of our patrons, tellers, and vehicles sinceparking lot is located near the river and it is open for service 24 hours. Work will be performed by Staff and byelectrical services contractor currently under contract.( Background Cont'd on next Daae)FINANCIAL IMPACT: Original Budget Amended Budget Requested Proposed Budget

FY 2008-2009 FY 2008-2009 Amount FY 2008-2009

Opening Balance 643,451 643,451 - 643,451Revenues 1974.412 1.974.412 . 1914412

Total Available 2,617,863 2,617,863 - 2,617,863

ExpensesParking Meters 1,638,440 2,049,375 180,000 2,229,375Permits 136,797 1$6,998 - 136,998

Total Expenses 2,186,373 180,000 2,366,373

Ending Balance 842,626 431,490 (180.000) 251,490

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:Staff recommends approval of this introductory ordinance.

BACKGROUND (CONT'D)

$12,000 - Enhancements to camera security system are needed at the Riverfront parking lot. A separate contract willbe processed for performing this work.$65,000 - To purchase seven (7) parking ticket hand held units (Autocites) with built in cameras for issuance ofparking citation by the Parking Enforcement Officers, 2 Auto TRAX Meter Management devices (huskies) used toaudit meter for collections, charger/upload-download cradles, host software module, project management,configuration, documentation, on-site training and installation.$18,000 - To purchase a mini van for booting purposes (immobilization of vehicles) citywide.$22,000 - To purchase an interceptor patrol vehicle for the meter technician.$8,000 - To purchase a motorcycle scooter for Parking Enforcement Officer.

The Riverfront Parking Lot provides much needed parking availability to service our citizens andespecially tourists that visit Laredo and Mexico. The Riverfront parking Lot collects more than $500,000annually in revenues.

ORDINANCE NO. 2008-0-

AMENDING THE CITY OF LAREDO FY 2008-2009 ANNUAL BUDGET FOR THE PARKING METERSFUND BY APPROPRIATING EXPENDITURES IN THE AMOUNT OF $180,000 FROM FUND BALANCEFOR ADDITIONAL CONSTRUCTION WORK AND OTHER IMPROVEMENTS AT THE RIVERFRONTPARKING WT, FOR THE PURCHASE OF NEW ELECTRONIC HANDHELD UNITS TO BE USED BYPARKING ENFORCEMENT OFFICERS FOR ISSUING PARKING CITATIONS IN THE DOWNTOWNAREA, AND FOR PURCHASING NEW PARKING METER AUDITING AND AUTOMOTIVE EQUIPMENT.THE ORIGINAL CONTRACT AWARDED TO STAR -TECH CONSTRUCTION FOR IMPROVEMENTS TOTHE RIVERFRONT PARKING WT WAS IN THE AMOUNT OF $ 371,705. THE ADDITIONALCONSTRUCTION WORK THAT IS PROPOSED TO BE ADDED TO THE EXISTING CONTRACT ISESTIMATED NOT TO EXCEED $25,000.

WHEREAS, the City Council on November 19, 2007, previously approved anappropriation of expenditures in the amount of $300,000 from fund balance for the RiverfrontParking Lot Restructuring Project located west of Santa Maria Street and Pedregal Street; and,

WHEREAS, Star Tech Construction was awarded a contract for the Riverfront ParkingLot improvements in the amount of$371,705; and,

WHEREAS, the City ofLaredo FY 2008/2009 Annual Budget needs to be amended toappropriate additional funding in the amount of $180,000 for additional construction work andother improvements at the Riverfront Parking Lot, and for the purchase of new electronichandheld and auditing units and automotive equipment; and,

WHEREAS, the Riverfront Parking Lot provides a valuable service not only to thecitizens ofLaredo but also to tourists who visit Laredo and Mexico on short or long term basis;and,

WHEREAS, adequate funding for these expenditures is available within the parkingmeter fund balance.


Section 1. The City of Laredo FY 2008/2009 Parking Meter Fund Budget is herebyamended to incorporate Riverfront Parking Lot improvements and new equipment as follows:

FINANCIALOriginal Budget Amended Budget

IMPACT:FY 2008-2009 FY 2008-2009

Opening Balance 643,451 643,451Revenues ] 974412 ] 9744]2

Total Availab]e 2,617,863 2,617,863

ExpensesParldng Meters 1,638,440 2,049,375Pennits 136,797 136,998

Total Expenses 2,186,373

Endin~ Balance 842,626 431,490

Requested

Amount

180,000

180,000

080,000)

Proposed Budget

FY 2008-2009

643,451].974412

2,617,863

2,229,375136,998

2,366,373

251,490

Section 2: This Ordinance shall be published once in accordance with the provisionsof Section 2.09(d) of the Charter of the City of Laredo. This ordinance shall become effectiveupon its passage and publication.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS______DAYOF ,2008.


ATTEST:


APPROVED AS TO FORM:RAUL CASSO, CITY ATTORNEY

KRISTINA HALEASSISTANT CITY ATTORNEY

2

DATE:

12/01/08


SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCEAuthorizing the City Manager to enter into an agreement between TexasEngineering Extension Service/Emergency Services Training Institute (TEEX)and the City of Laredo Fire Department to define the responsibilities for bothparties for the education instructional activities to be offered to Firefighters, nonFirefighter trainees and out-of-country first responders at the LaredoInternational Fire/Law Enforcement Training Center. The period ofperformance under this agreement is specified as September 1, 2008, throughAugust 31, 2009, unless sooner terminated in accordance with the terms in theagreement.

INITIATED BY:Carlos R. Villarreal,City Manager

STAFF SOURCE:Steve E. Landin,Fire Chief

PREVIOUS COUNCIL ACTION: City Council approved this contract on September 21, 2007.This was a renewal with a period of performance to expire on August 31, 2008.

BACKGROUND: Texas Engineering Extension Service/Emergency Services Training Institute(TEEX) and the City of Laredo Fire Department will work together to promote and utilize theLaredo International Fire/Law Enforcement Training Center to provide educational instructionalEmergency Services programs and training that will meet the Texas Commission on FireProtection and the Texas Department of State Health Services requirements.

The Laredo International Fire/Law Enforcement Training Center facility will be utilized byTEEXIESTI as a regional training site, hosting scheduled classes at this training facility. Theagreement as such will realize a partnership between the City of Laredo Fire Department and oneof the premier Emergency Services Training organizations in the nation, the concept of thispartnership has its beginning and history in the 1960's whereas the City of Laredo FireDepartment originated the International Fire Training School before it was transferred to theTexas A&M Fire Training School in Bryan, Texas, where to date it is presently held.

FINANCIAL IMPACT:Monthly Use Fee (lease payments)

TEEXIESTI proposes to pay the City of Laredo Fire Department a monthly use fee (leasepayment) as detailed in the minimum Base Fee section of this agreement.

Minimum Base FeeThe base fee will be based on a "per student hour" fee to the City of Laredo Fire Department. Thisfinancial calculation methodology will be based on the type of training being performed detailed below:

1.) Classroom hourly fee; $2.50 per hour per student2.) Non-fire prop hourly fee (rescue, hazmat, etc.); $3.50 per hour per student3.) Fire prop hourly fee; $6.00 per hour per studentEquipment Use Fees; $10.00 per day per student

TEEXIESTI will reimburse the City of Laredo Department for each class hour of instruction at a rate of$30.00 per class hour/instructor.TEEXIESTI will reimburse the City of Laredo Department for all consumables that are provided for training.

TEEXIESTI will pay the approved calculated field use fees to the City of Laredo Fire Department within

receipt of the invoice and final approval of documentation.

Revenues collected shall be deposited in the training facility account #101-0000-332-2050.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: StaffN/A recommends that City Council approve this

Introductory Ordinance as presented.

PUBLIC HEARING AND INTRODUCTORY ORDINANCE

Authorizing the City Manager to enter into an agreement between Texas EngineeringExtension Service/Emergency Services Training Institute (TEEX) and the City of Laredo

Fire Department to define the responsibilities for both parties for the educationinstructional activities to be offered to Firefighters, non Firefighter trainees and out-of

country first responders at the Laredo International Fire/Law Enforcement TrainingCenter. The period of performance under this agreement is specified as September 1,

2008, through August 31, 2009, unless sooner terminated in accordance with the terms inthe agreement.

Whereas, the Laredo International Fire/Law Enforcement Training Center facility will beutilized by TEEXIESTI as a regional training site, hosting scheduled classes at the LaredoInternational Fire/Law Enforcement Training Center

Whereas, the agreement as such will realize a partnership between the City of LaredoFire Department and Texas Engineering Extension Services.

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO,TEXAS;

Section 1: The City Manager is hereby authorized to enter into an agreement between theTexas Engineering Extension Services (TEEX) and the City of Laredo Fire Department.

Section 2: Monthly Use Fee (lease payments)TEEXIESTI proposes to pay the City of Laredo Fire Department a monthly use fee (leasepayment) as detailed in the minimum Base Fee section of this agreement.

Minimum Base FeeThe base fee will be based on a "per student hour" fee to the City of Laredo Fire Department. Thisfinancial calculation methodology will be based on the type of training being performed detailed below:

1.) Classroom hourly fee; $2.50 per hour per student2.) Non-fire prop hourly fee (rescue, hazmat, etc.); $3.50 per hour per student3.) Fire prop hourly fee; $6.00 per hour per studentEquipment Use Fees (Rental); $10.00 per day per student

TEEXIESTI will reimburse the City of Laredo Department for each class hour of instruction at a rate of$30.00 per class hour/instructor.TEEXIESTI will reimburse the City of Laredo Department for all consumables that are provided fortraining.

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

RAUL G. SALINAS, MAYORATIEST:


APPROVED AS TO FORM:RAUL CASSO, IV, CITY ATIORNEY

By: t£e&~ iJ1 {~Valeria M. Acevedo, Assistant City Attorney

TRAIN' SERVE. RESPOND

Agreement No. 25-100921

AGREEMENTBEnNEENCity of Laredo Fire Department

andTEXAS ENGINEERING EXTENSION SERVICE

forA Cooperative Learning Center Agreement

THIS AGREEMENT, by and between the City of Laredo Fire Department (hereinafter called"CONTRACTOR') located at 1110 Houston St., Laredo, Texas, 78042, and the TexasEngineering Extension Service (hereinafter called "TEEX"), established under the laws of theState of Texas as a component of the Texas A&M University System, located at 301 Tarrow,College Station, Texas, 77840-7896,

WITNESSETH:

WHEREAS, CONTRACTOR desires that TEEX perform certain tasks, all as herein provided,involving" Laredo International Fire and Law Enforcement Training Center ";

WHEREAS, TEEX has agreed to do so under the terms and conditions hereinafter set forth;

NOW THEREFORE, the parties hereto mutually covenant and agree as follows:

Article 1. Statement of Work

TEEX shall use all reasonable efforts to perform the services and deliver the reports andother items specified in the Statement of Work, marked Attachment A, attached hereto andby this reference made a part hereof for all purposes. Upon notice to CONTRACTOR, TEEXmay change the designation of project staff as set out in Attachment A.

Article 2. Project Representative and Designated Authority

CONTRACTOR Project Representative: The individual named below is the CONTRACTORProject Representative, who is authorized to give and receive communications anddirections, as well as monitor and coordinate the technical requirements of this contract onbehalf of the CONTRACTOR. AU communications including all payment requests must beaddressed to the CONTRACTOR Project Representative or hislher designee.

Name: Steve E. LandinTitle: Fire ChiefAddress: #1 Guadalupe Street, Laredo, Texas 78040Telephone No: 956-795-2162Facsimile No: 956-795-2471

TEEX Form 10-227 Pa~e 1 of7 Approved as ofJulv 6. 2006

Agreement No. 25~100921

CONTRACTOR Designated Authority: The individual named below is the CONTRACTORDesignated Authority, who is: (a) authorized to sign by written approval this Agreement,amendments to the Agreement, changes in the Statement of Work and Task Orders, andbudget modifications, (b) qualified to determine tasking and acceptance of the deliverables,and (c) officially directs all payments of this contract on behalf of the CONTRACTOR.

Name: Carlos R. VillarrealTitle: City ManagerAddress: 1110 Houston S1., laredo, TX 78042Telephone No: 956-791-7302Facsimile No: 956-791-7498

TEEX Project Representative: The individual named below is the TEEX ProjectRepresentative, who is authorized to give and receive communications and directions onbehalf of TEEX. All communications must be addressed to the TEEX ProjectRepresentative, or his/her designee, which will then be routed as required, to the TEEXDesignated Authority for review and approval.

Name: Rick IsaacksTitle: Program CoordinatorAddress: 301 Tarrow, College Station, TX 77840-7896Telephone No: 979-8465-0507Facsimile No: 979-458-4368E-mail address: [email protected]

TEEX Designated Authority: The individual named below is the TEEX DesignatedAuthority, who is authorized to sign this Agreement, amendments to the Agreement, changesin the Statement of Work and Task Orders, and bUdget modifications on behalf of TEEX.

Name: Sue Shahan.Title: Deputy Director / HROAddress: 301 Tarrow, College Station, TX 77840-7896Telephone No: 979-458-6801Facsimile No: 979-458-6822

Either party may change the designation of the Designated Authority or ProjectRepresentative upon notice to the other party in accordance with Article 14.

Miele 3. Period of Performance and Termination

The period of performance under this Agreement is specified as September 1, 2008, throughAugust 31, 2009, unless sooner terminated in accordance with the terms herein. Either partyhereto may terminate this Agreement at any time by giving not less than thirty (30) daysadvance written notice to the other party. Termination or cancellation shall not affect therights and obligations of the parties accrued prior to termination. CONTRACTOR shall beliable for all expenses incurred and all non~cancelable commitments made prior to TEEX'sreceipt of the notice of termination and shall pay TEEX for same on receipt of a final invoice.

TEEX Form 10-227 Page 2 of7 Aooroved as ofJulv 6. 2006


On receipt of payment in full for work performed, TEEX shall deliver the results of allpreviously unreported work in such form as it exists.

Article 4. Cost and Payment

Monthly Use Fee flease payments}TEEX proposes to pay CONTRACTOR a monthly use fee (lease payment) as detailed in theMinimum Base Fee section of this agreement.

Minimum Base Fee

The base fee will be based on a "per student hour" fee to the CONTRACTOR. This financialcalculation methodology will be based on the type of training being performed detailed below:

1.) Classroom hourly fee;2.) Non-fire prop hourly fee (rescue, hazmat, etc.);3.) Fire prop hourly fee.

TEEX proposes that the following per student hour fees be implemented for all of trainingattendees, excluding those personnel from the CONTRACTOR, who attend TEEX sponsoredtraining at the Laredo International Fire and Law Enforcement Training Center trainingfacilities:

Classroom:Non-fire prop:Fire Prop:

$2.50 per hour per student$3.50 per hour per student$6.00 per hour per student

Equipment Use Fees (Rental):Rescue Equipment: $10.00 per student per dayHazmat Equipment: $10.00 per student per day

TEEX will submit to the CONTRACTOR the detailed training activities that apply to the abovefield and equipment use fees each month.

TEEX will reimburse the CONTRACTOR for all other cost associated with training activities,being referred in this contract as consumables. These costs are described as meals forstudents, supplies and any other approved expenses that incur. All fuel, foam and otherrelated cost will be reimbursed in accordance TEEX's cost associated with like products usedat Brayton Fire Field, that is attributable during the same training periods.

TEEX will reimburse the CONTRACTOR for all, approved, personnel used as instructors at arate of $30.00 per class hour.

CONTRACTOR will submit to TEEX, for approval, a detailed report on all consumablesattributable to TEEX's training on the CONTRACTOR's Fire Training Facility. These reportsare to be submitted to TEEX, by the 10th day of the proceeding month of training.

TEEX Form 10-227 Page 3 of7 Approved as ofJulv 6. 2006


Once acceptance and approval has been obtained on all cost related to the monthly trainingactivities, the CONTRACTOR will submit a detailed invoice to TEEX for payment of theseactivities.

Upon the receipt of the invoice and final approval has been made, TEEX will process theinvoice for payment. As a state agency, all payments from TEEX will be submitted inaccordance with all financial transaction policies, regulations, and statutes required of theState of Texas.

Article 6. Equipment

Ownership of all permanent and expendable equipment purchased by TEEX under thisAgreement shall become the sole property of TEEX at the time of purchase, and title theretoshall vest solety in TEEX.

Article 6. Rights 10 Data. Copyrights and Publication

TEEX will be free to publish the results of all work done under this Agreement. Ownership ofall data produced under this Agreement will remain with TEEX. Title to and the right todetermine the disposition of any copyrights, or copyrightable material, first produced orcomposed in the performance of this Agreement shall remain with TEEX, provided that TEEXshall grant to CONTRACTOR an irrevocable, royalty-free, non-exclusive license toreproduce, modify, and use all such data and copyrightable material for its own use, but notfor any commercial purpose.

Article 7. Inventions and Patent Rights

Title to any invention or discovery made, conceived, or reduced to practice in theperformance of this Agreement shall remain with TEEX, which shall have the sole right todetermine the disposition of any patents or other rights resulting therefrom, provided howeverthat upon issue of any patent on any such invention or discovery, CONTRACTOR shall havethe right of first refusal to negotiate an exclusive license to practice the invention for a periodof time and at a royalty rate to be negotiated.

Article 8. Notices

All notices, requests, demands and other communications between CONTRACTOR andTEEX required and permitted to be given under this Agreement shall be validly made byregistered mail and/or other mutually agreed methods of transmittal with acknowledgment ofreceipt to the addresses designated by the parties. To expedite transmissions of priority,FAX (or facsimile) or e-mail transmittals with an original copy to be followed in theaforementioned method will also be acceptable and is encouraged.

TEEX Form 10-227 PlIIXC 4 of7 Approved as ofJulv 6. 2006


Article 9. Independent Contractor

TEEX is an independent Contractor and shall be free to exercise its discretion andindependent judgment as to the method and means of performance of the servicescontracted for by CONTRACTOR. TEEX employees shall in no sense be consideredemployees of CONTRACTOR and neither TEEX nor CONTRACTOR personnel will, by virtueof this Agreement, be entitled or eligible, by reason of the contractual relationship herebycreated, to participate in any benefits or privileges given or extended by either party to itsemployees.

Article 10. Non-Indemnification

Neither party shall by reason of this Agreement be obligated to defend, assume the cost ofdefense, hold harmless, or indemnify the other from any liability to third parties for loss of ordamage to property, death, or bodily injury arising out of or connected with the work underthis Agreement.

ARTICLE 11. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Stateof Texas.

ARTICLE 12. AMENDMENTS

This Agreement may be extended, renewed, or otherwise amended at any time by themutual written consent of the parties. No modification of this Agreement or waiver ofthe terms or conditions hereof shall be binding upon either party hereto unless approved in writing by an authorized representative, or shall be effected by theacknowledgement or acceptance of purchase order forms containing other or differentterms and conditions whether or not signed by an authorized representative of theparty.

ARTICLE 13. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties heretoand their respective successors in interest and, except as otherwise provided in thisAgreement, their assigns.

TEIDi: Form 10·227 P~eSof7 Approved as ofJulv 6. 2006


ARTICLE 14. PUBLICITY

Neither party to this Agreement may use the name of the other in news releases,publicity, advertising, or product promotion without the prior written consent of theother, except that TEEX may include_'s name, project title, and total Agreementvalue in internal and external reports of awards received.

ARTICLE 15. DISPUTE RESOLUTIQ~

The dispute resolution process provided for in Chapter 2260 of the Government Code shallbe used, as further described herein, by the Texas Engineering Extension Service(hereinafter "TEEX") and the contractor to attempt to resolve any claim for breach of contractmade by the contractor:

A. A contractor's claim for breach of this contract that the parties cannot resolve in theordinary course of business shall be submitted to the negotiation process provided inChapter 2260, subchapter B, of the Government Code. To initiate the process, thecontractor shalt submit written notice, as required by subchapter B, to:

Name:Title:Address:

Telephone No:Facsimile No:

Sue ShahanDeputy Director301 Tarrow, College Station, TX.77840-7896979/458-6801979/458-6829

Said notice shall specifically state that the provisions of Chapter 2260, sUbchapter B, arebeing invoked. A copy of the notice shall also be given to all other representatives ofTEEX and the contractor otherwise entitled to notice under the parties' contract.Compliance by the contractor with subchapter 8 is a condition precedent to the filing of acontested case proceeding under Chapter 2260, subchapter C, of the Government Code.

B. The contested case process provided in Chapter 2260, subchapter C, of the GovernmentCode is the contractor's sole and exclusive process for seeking a remedy for any and allalleged breaches of contract by TEEX if the parties are unable to resolve their disputesunder subparagraph (A) of this paragraph.

C. Compliance with the contested case process provided in SUbchapter C is a conditionprecedent to seeking consent to sue from the Legislature under Chapter 107 of the CivilPractices and Remedies Code. Neither the execution of this contract by TEEX nor anyother conduct of any representative of TEEX relating to the contract shall be considered awaiver of sovereign immunity to suit.

D. The submission, processing and resolution of the contractor's claim is governed by thepublished rules adopted by the Office of Attorney General of Texas pursuant to Chapter2260, as currently effective, hereafter enacted or subsequently amended. These rules arefound at 1 T.A.C. Chapter 68.

TEEX Form 10·227 Page 6 of7 Approved as ofJulv 6. 2006


E. Neither the occurrence of an event nor the pendency of a claim constitutes grounds forth& suspension of performance by the contractor, in whole or in part.

F. The designated individual responsible on behalf of TEEX for examining any claim orcounterclaim and conducting any negotiations related thereto as required under§2260.052 of H.B. 826 of the 76th Texas Legislature shall be the TEEX Director.

Article 16. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes allprevious agreements and understandings relating to the tasks to be performed.

Article 17. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes allprevious agreements and understandings relating to the tasks to be performed.

In witness whereof, the parties have executed this Agreement as of the day and yearof the last signature following:

For the Contractor:

By:

Name: ------------Title:

Date:

Texas Engineering Extension Service:

By:

Name: Sue Shahan

Title: Deputy Directorl HRO

Date:

TEEX Form 10-227 Page 7 of7 APProved as ofJulv 6. 2006


DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCEACCEPTING A DONATION OF $3,000 FROM HEB GREEN BAG GRANT

12/01108 PROGRAM AND AMENDING THE FY 2008-2009 KEEP LAREDOBEAUTIFUL OPERATING BUDGET BY APPROPRIATING REVENUESAND EXPENDITURES IN AN INCREASE OF $3,000.

INITIATED BY: STAFF SOURCE:

Jesus OlivaresAssistant City Manager

PREVIOUS COUNCIL ACTION:NoneBACKGROUND:

Riazul Mia, P.E., DirectorEnvironmental Services Department

The HEB 1Keep Texas Beautiful Green Bag Grant takes $.05 from everyHEB green bag sold and donates it to Keep Texas Beautiful to let out to itsaffiliates and community programs an opportunity to gamer funds in themaximum amount of$3,000 per project. Keep Laredo Beautiful applied forthis grant that will fund a community wide distribution ofHEB green bags.Inside each "Green Goody Bag," there will be bumper stickers that read

"Reduce, Reuse, Recycle," along with the City of Laredo's curbsiderecycling bags and corresponding City of Laredo recycling information.This project addresses the mission ofKeep Laredo Beautiful by focusing onthe three goals that have been identified in this grant:• Create awareness that reusable bags are beneficial to the environment as

a "litter prevention tool;"• Encourage the use of curbside recycling program in place in our

community, including a 'fridge' magnet to remind them; and• The use of the plastic bag exchange for a reusable bag to focus on

changing behavior. Reminding citizens they can recycle their plasticbags at H-E-B.

FINANCIAL IMPACT:Account Name: Account NumberContributions 259-0000-372-1000

Promotional 259-3845-542-3210Materials

Budget2,000

12,000

Amendment3,000

3,000

Budget5,000

15,000

RECOMMENDATION:Keep Laredo Beautiful Board ofDirectors supportthe garnering of grants to promote the goals of theKLB organization

STAFF RECOMMENDATION:Introduction of the ordinance.

AN ORDINANCE

ACCEPTING A DONATION OF $3,000 FROM HEB GREEN BAG GRANT PROGRAM ANDAMENDING THE FY 2008-2009 KEEP LAREDO BEAUTIFUL OPERATING BUDGET BYAPPROPRIATING REVENUES AND EXPENDITURES IN AN INCREASE OF $3,000.

Whereas, the HEB / Keep Texas Beautiful Green Bag Grant takes $.05 from every HEBgreen bag sold and donates it to Keep Texas Beautiful to fund its affiliates and communityprograms funds in the maximum amount of$3,000 per project. Keep Laredo Beautiful applied forthis grant that will fund a community wide distribution ofHEB green 'goody' bags that will befilled with information promoting recycling and creating awareness about city recycling programs.

Whereas, the $3,000.00 will be granted to the Keep Laredo Beautiful Fund, for purchase ofgreen bags, bumper stickers and promotional 'recycling' magnets'; and

Whereas, the mission ofKeep Laredo Beautiful is to empower the citizens of Laredothrough education to take responsibility for enhancing their community and its environment; and

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFLAREDO, TEXAS;

Section 1: The City Manager is hereby authorized to accept the grant amount of$3,000 from HEBFood Stores and

Section 2: Accepting the grant of $3,000 for the purpose ofpurchasing green bags, bumper stickersand promotional 'recycling' magnets'; and

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE__---:DAY OF , 2008.


ATTEST:


APPROVERADLCCITY A.."f.-.l<·Awn ... """,

DATE:12/01/08


SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCEAuthorizing the City Manager to amend the City of Laredo FY 2009 CivicCenter Fund Budget by appropriating revenues and expenditures in theamount of $104,000 to manage and operate the Civic Center Concession forall facility scheduled events and festivities.

INITIATED BY:Jesus Olivares, Assistant City Manager

STAFF SOURCE:Miguel Pescador, Parks and Leisure Director

PREVIOUS COUNCIL ACTION:City Council approved that the Parks Department manage the Civic Center Concessionoperations on November 3, 2008.BACKGROUND:The Civic Center Concession was previously operating on a contractual basis with the cityretaining 30% of gross sales. Through a council directive, the department determined the needfor the civic center complex manager to manage concession operations with the assistance ofpart-time wait staff and bartenders through contract labor.

The following is a breakdown of salaries and cost of goods:1 Civic Center Complex manager ( FT w/benefits ) $50,000 personnel4 Bartenders ( Part time-no benefits) ( contract labor) $ 8.50 /hr10 Wait staff (Part time-no benefits) ( contract labor) $ 8.00/hrEstimated contract labor expenditure $ 24,000Cost of goods to operate (including food & ice) i30,OOOTotal expenditures $104,000

FINANCIAL IMPACT:The FY 2009 Civic Center Fund Budget will be amended as follows:

Original BudgetFY 08-09

Amended Budget Proposed Proposed BudgetFY 08-09 Amendment FY 08-09

Revenues $798,468

Expenditures $798,468

$798,468

$817,557

$104,000

$104,000

$902,468

$921,557

COMMITTEE RECOMMENDATION:N/A

STAFF RECOMMENDATION:Recommends approval.

Introductory Ordinance

Authorizing the City Manager to amend the City of Laredo FY 2009 Civic CenterFund Budget by appropriating revenues and expenditures in the amount of$104,000 to manage and operate the Civic Center Concession for all facilityscheduled events and festivities.

WHEREAS, on, September 02, 2008 City Council adopted the fiscal year 2009 annualbudget; and

WHEREAS, on November 3, 2008, City Council approved that the Parks Departmenttake over the Civic Center Concession operations; and

WHEREAS, this action will amend the City of Laredo Civic Center Division FY 2009Budget to manage and operate the Civic Center Concession.

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

Section 1: The City Manager is hereby authorized to amend the City of Laredo FY 2009Civic Center Fund Budget by appropriating revenues and expenditures in the amount of$104,000 in the Civic Center Division Budget to manage and operate the Civic CenterConcession.

Section 2: The City of Laredo Civic Center Fund Budget will be amended as follows:

Original BudgetFY 08-09

Amended Budget Proposed Proposed BudgetFY 08-09 Amendment FY 08-09

Revenues $798,468

Expenditures $798,468

$798,468

$817,557

$104,000

$104,000

$902,468

$921,557

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

ATTEST:



;~kY~KRISTINA HALEASSITANT CITY ATTORNEY


DATE:

12/0112008


SUBJECT: INTRODUCTORY ORDINANCE _

AMENDING CHAPTER 2 [ADMINISTRATION] ARTICLE VI [INVESTMENTPOLICY] OF THE CODE OF ORDINANCES IN ORDER TO:

1. ADD SECTION 2.258 B.3. [AUTHORIZE INVESTMENTS] CERTIFICATE OFDEPOSIT ACCOUNT REGISTRY SERVICE (CDARS); AND

2. ADDING TEXAS DAILY 1TEXAS STAR AS AN AUTHORIZED LOCALGOVERNMENT INVESTMENT POOL UNDER SECTION 2.268 [APPROVEDLOCAL GOVERNMENT INVESTMENTT POOLS; AND

3. AMENDING & MODIFYING THE OTHER SECTIONS OF ARTICLE IV INORDER TO MAKE THE ARTICLE COMPLY WITH CHAPTER 2256 OF THEGOVERNMENT CODE [KNOWN AS THE PUBLIC INVESTMENT ACT];

AND PROVIDING FOR EFFECTIVE DATE.

INITIATED BY:

Horacio A. De Leon, Jr., Assistant City Manager

PREVIOUS COUNCIL ACTION:

BACKGROUND:

STAFF SOURCE:

Rosario Camarillo-Cabello, Finance Director

Chapter 2256 of the Government Code, popularly known as the Public Funds Investment Act, requires annualreview of the city's investment policy. The city's investment policy is contained in Article VI of Chapter 2 of theCode of Ordinances, and state law requires that the policy be reviewed at least annually and that the policy beadopted and amended, as required The investment policy has been reviewed by the city's investment consultantsand city staff who recommend that (1) a section 2.257 B 3 Authorized Investments Certificate of Deposits AccountRegistry Service (CDARS), (2) adding Texas Daily 1Texas Star as an authorized local government investment pooland (3) amending and modifying the other sections of article IV in order to make the article comply with Chapter2256 of the Government Code [known as the Public Investment Act].

FINANCIAL IMPACT:

None

RECOMMENDATION: STAFF RECOMMENDATION:

Staff recommends that this ordinance be introduced.

ORDINANCE NO. 2008-0-

AMENDING CHAPTER 2 "ADMINISTRATION" ARTICLE VI "INVESTMENT POLICY" OFTHE CODE OF ORDINANCES IN ORDER TO:

1. ADD NEW SECTION 2.258 B 3 [AUTHORIZED INVESTMENT] CERTIFICATE OFDEPOSITS ACCOUNT REGISTRY SERVICES (CDARS); AND

2. ADDING TEXAS DAILY / TEXAS STAR AS AN AUTHORIZED LOCAL GOVEMENTINVESMENT POOL UNDER SECTION 2.268 [APPROVED- LOCAL GOVERNMENTPOOLS; AND

3. AMENDING & MODIFYING THE OTHER SECTIONS OF ARTICLE IV IN ORDER TOMAKE THE ARTICLE COMPLY WITH CHAPTER 2256 OF THE GOVERNMENT CODE"KNOWN AS THE PUBLIC INVESTMENT ACT";

4. AND PROVIDING FOR EFFECTIVE DATE.

.WHEREAS, the City's investment policy is embodied in Article VI of Chapter 2 of the Code ofOrdinance of the City of Laredo; and

WHEREAS, the Financial Director recommends that said Article VI be amended, first, to add a newSection 2-258 B 3 to authorize Certificate of Deposits Account Registry Services (CDARS); and

WHEREAS, the Financial Director recommends that Texas Daily / Texas Star as an authorized localgovernment investment pool under section 2.268 [Approved Local Government Pools; and

WHEREAS, the final director recommends subsidiary editing in order to have Article herebyArticle VI of Chapter 2 of the Code of Ordinance conform with Chapter 2256 of the Government Code,popularly known as the Public Funds Investment Act, Chapter 2256 of the Texas Government Code; and


Section 1. Article VI "Investment Policy" of Chapter 2 "Administration" of the Code of Ordinances isamended as follows:

Chapter 2 - Administration

Article VI - Investment Policy

Sec. 2-250. Policy

It is the policy of the City of Laredo (City) to invest all available funds to the maximum extentpossible at the risk appropriate rates obtainable at the time of investment with the maximumsecurity while meeting the cash flow demands of the City and conforming with federal, state,and local laws governing the investment of public funds, including but not limited to,Government Code Chapter 2256 - The Public Funds Investment Act ("Act").

Sec. 2-251. Scope

This Investment Policy applies to all funds of the City as accounted for in the City's generalledger system and disclosed in the City's Comprehensive Annual Financial Report, with theexception of the Laredo Firefighters Retirement System. The Policy applies to all fundsincluding but not limited to operating funds and proceeds from bond issues. The City's fundstypes include:

• General fund• Special revenue funds• Capital projects funds• Enterprise funds, including debt service reserves• Trust and agency funds• Debt service funds• Any new fund created by the City, unless specifically exempted from this Policy by the

City councilor by law.

Pooling of Funds. Except for cash in certain restricted funds, the City will consolidate cashbalances from all funds to maximize investment earnings. Investment income will beallocated to the various funds based on their respective participation and in accordance withgenerally accepted accounting principles.

Sec. 2-252. Standard ofCareInvestments shall be made with judgment and care --under prevailing circumstances-- that aperson of prudence, discretion, and intelligence would exercise in the management of theperson's own affairs, not for speculation, but for investment, considering the probable safetyof capital and the probable income to be derived.

The standard of prudence to be used by Investment Officers shall be the "prudent person"standard and shall be applied in the context of managing an overall portfolio. InvestmentOfficers acting in accordance with written procedures and the Investment Policy andexercising due diligence shall be relieved ofpersonal responsibility for an individual security'scredit risk or market price changes provided that deviations from expectations are reported ina timely fashion and an appropriate action is taken to control adverse developments.

Sec. 2-253. Objectives

Investment of funds shall be governed by the following investment objectives:

A. Preservation and safety ofprincipal

Investments of the City shall be made in a manner that ensures preservation of capitalin the overall portfolio. This will be attained through the diversification of theinvestment portfolio so that potential losses on individual securities do not exceed thegenerated income from the remainder of the portfolio.

B. Liquidity

The investment portfolio is an integral element in the City's cash managementprogram. As such, the portfolio will remain sufficiently liquid to enable the City tomeet all operating requirements, which might be reasonably anticipated.

C. YieldThe investment portfolio shall be designed with the objective of attaining an overallyield commensurate with the City's risk preference and the cash flow characteristics ofthe portfolio.

Sec. 2-254. Delegation ofAuthority

A. City ofLaredo Investment AuthorityCity depository and investment authority is established within the office of the CityManager in the Charter of the City of Laredo, Texas (2006, Section 6.14). By theauthority of the City Charter (Section 3.05(4)), the City Manager hereby designates,with the approval of City Council, the Director of Finance and the Assistant DirectorofFinance of the City of Laredo as Investment Officers and, as such, are responsiblefor depositing funds, investing such funds, assuring that each investment has theproper and authorized collateral, monitoring investments, assuring the security of theCity's principal and interest, receiving and reporting principal and interest at thematurity of each investment, and providing the proper documentation and reports onsuch investments to the City Manager and the City Council.

The Investment Officers shall attend an investment training session not less than oncein a two-year period and receive not less than ten (10) hours of instruction relating tothe Act and this Policy. Authorized training sources are the Texas Municipal League,Government Finance Officers Association of Texas, Government TreasurersOrganization of Texas, Government Finance Officers Association, MunicipalTreasurer's Association of the United States and Canada, American Institute ofCertified Public Accountants, and University ofNorth Texas.

B. Delegation and Restriction of Investment Authority

Responsibility and authority for the City's investment policies and procedures residewith the City Manager. Responsibility and authority for investment transactions residewith the City's Investment Officers and, as such, they are fully authorized to buy, sell,and trade investments in accordance with the City's Investment Policy and the Act.

Certain bonded officials share signatory responsibilities with the Financial ServicesDepartment for backup purposes. These officials are the City Manager, Deputy CityManager and Assistant City Manager(s). The persons holding these positions are alsoauthorized to transact wire transfers. However, only the City's Investment Officers areauthorized to transact investments.

Bonding of all Financial Services Department staffwith signatory authority is required,and such bonding requirements will also apply to those individuals authorized to place,purchase, or sell investment instruments.

Sec. 2-255. Ethics and Conflict of Interest

The City's Investment Officers shall refrain from any personal business activity that couldconflict with the administration of the investment program or which could compromise theirability to carry on the City's investment business impartially. In this respect, the InvestmentOfficers should file a statement disclosing any personal business relationship with a business

. organization (to include investment pools) offering to engage in an investment transactionwith the City. At the same time, any relationship within the second degree by affinity orconsanguinity as determined under Chapter 573 (Texas Government Code) to an individualseeking to sell investment products to the City shall be disclosed in a statements filed by theInvestment Officers. These statements must be filed with the Texas Ethics Commission andthe City Council of the City of Laredo.

For purposes of this section, anJnvestment Officer has a personal business relationship witha business organization if:

A. The Investment Officer owns 10 percent or more of the voting stock or shares of thebusiness organization or owns $5,000 or more of the fair market value of the businessorganization;

B. Funds received by the Investment Officer from the business organization exceed 10percent of the Investment Officer's gross income for the previous year; or

C. The Investment Officer has acquired from the business organization during theprevious year investments with a book value of $2,500 or more for the personalaccount of the Investment Officer.

Sec. 2-256. Authorized Financial Institutions and Broker/Dealers

The Director of Finance will maintain a list of financial institutions and securitybroker/dealers and local government pools that are selected on the basis of credit worthinessthat are authorized to provide investment services. The City Council shall, at least annually,review, revise, and adopt a list of qualified broker/dealers that are authorized to engage ininvestment transactions with the City. Authorization to join eligible Local GovernmentPools will be authorized by City Council through a resolution.

All security broker/dealers must be registered and certified with the Texas State SecuritiesBoard, National Association of Security Dealers (NASD), and Securities and ExchangeCommission (SEC). Repurchase Agreements will be transacted only with "primary" dealersor financial institutions doing business in this state. .

All financial institutions and broker/dealers who desire to become qualified for theaforementioned list must supply the following: audited financial statements, proof ofregistration and certification as noted above, completed broker/dealer questionnaire, and theInvestment Policy certification. Current audited financial statements will be required on allentities that are included in the approved list.

All investment transactions will be bid on a competitive basis except for new securities thatare being offered while they are still in syndication. Responses from other broker/dealerwill also be documented. The authorized financial institutions and brokers/dealers willsubmit the bids in writing, by telephone, or facsimile.

All securities purchased shall be consummated on a delivery versus payment basis. The'City will maintain a safekeeping account with the current depository banks and/or at aFederal Reserve Bank for delivery of securities.

A written copy of the Investment Policy shall be presented to any person offering to engagein an investment transaction with the City. The qualified representative of the businessorganization offering to engage in an investment transaction with the City shall execute awritten instrument substantially to the effect that the business organization has received andreviewed the Investment Policy of the City and acknowledged that the business organizationhas implemented reasonable procedures and controls in an effort to preclude investmenttransactions conducted between the City and the organization that are not authorized by theCity's Investment Policy, except to the extent that this authorization is dependent on ananalysis of the makeup of the City's entire portfolio or requires an interpretation ofsubjective investment standards.

The Investment Officer of a City may not acquire or otherwise obtain any authorizedinvestment described in the Investment Policy of the City from a person who has notdelivered to the City the instrument required in this section. Nothing in this section relievesthe City of the responsibility for monitoring the investments made by the City to determinethat they are in compliance with the Investment Policy.

Sec. 2-257. Investment Advisors

Investment advisors shall adhere to the spirit, philosophy and specific terms of this Policyand shall advise within the same "Standard of Care". Selected investment advisors must beregistered under the Investment Advisors Act of 1940 or with the State Securities Board. Acontract with an investment advisor may not be for a term longer than two years and mustbe approved by the City's Council, including any renewals or extensions.

Sec. 2-258. Authorized Investments

The City is empowered by statute to invest in the following types of securities.

A. Obligations of, or Guaranteed by, Governmental Entities.

1. Except as provided by 2, the following are authorized investments under thissection:

a. Obligations ofthe United States or its agencies and instrumentalities;

b. Direct obligations ofthis state or its agencies and instrumentalities;

c. Collateralized mortgage obligations directly issued by a federal agency orinstrumentality of the United States, the underlying security for which isguaranteed by an agency or instrumentality of the United States Pass-throughmortgage back securities directly issued by a federal agency orinstrumentality of the United States;

d. Other obligations, the principal and interest of which are unconditionallyguaranteed or insured by, or backed by the full faith and credit of, this state orthe United States or their respective agencies and instrumentalities; and

e. Obligations of states, agencies, counties, cities, and other political subdivisionsof any state rated as to investment quality by a nationally recognizedinvestment rating firm not less than A or its equivalent;

2. The following are not authorized investments under this section:

a. Obligations whose payment represents the coupon payments on theoutstanding principal balance of the underlying mortgage-backed securitycollateral and pay no principal:

b. Obligations whose payment represents the principal stream of cash flowfrom the underlying mortgage-backed security collateral and bears nointerest;

c. Collateralized mortgage obligations that have a stated final maturity date ofgreater than 10 years; and

d. Collateralized mortgage obligations the interest rate of which is determinedby an index that adjusts opposite to the changes in a market index.

B. Financial Institution Deposit.

A deposit is an authorized investment under this section if the deposit is with astate or national bank, a savings bank, or a state or federal credit union that has itsmain office or a branch office domiciled in this state and is:

1. Guaranteed or insured by the Federal Deposit Insurance Corporation or itssuccessor or the National Credit Union Share Insurance Fund or its successor;

2. Secured by obligations that are described by Section A including mortgagebacked securities directly issued by a federal agency or instrumentality thathave a market value of not less than the principal amount of the certificates, butexcluding those mortgage-backed securities of the nature described by IX, A, 2;or;

3. Executed through a depository institution that has a main office or a branchoffice in this state that participates in the Certificate of Deposit AccountRegistry Service (CDARS) and meets the requirements of the Act: or

~. Secured in any other manner and amount provided by law for deposits of theCity.

D. hRepurchase Agreements

1. A fully collateralized repurchase agreement is an authorized investment underthis section if the repurchase agreement:a. Has a defined termination date;b. Is secured by obligations described by IX, A, 1 a; andc. Requires the securities being purchased by the City to be pledged to the City,

held in the City's name, and deposited at the time the investment is madewith the City or with a third party selected and approved by the City; and

d. Is placed through a primary government securities dealer as defined by theFederal Reserve, or a financial institution doing business in this state.

2. In this section, "repurchase agreement" means a simultaneous agreement to buy,hold for a specified time, and sell back at a future date obligations described byIX, A, 1, a, at a market value at the time the funds are disbursed of not less thanthe principal amount of the funds disbursed. The term includes a direct securityrepurchase agreement and a reverse security repurchase agreement.

3. Notwithstanding any other law, the term of any reverse security repurchaseagreement may not exceed 90 days after the date the reverse security repurchaseagreement is delivered.

4. Money received by the City under the terms of a reverse security repurchaseagreement shall be used to acquire additional authorized investments, but theterm of the authorized investments acquired must mature no later than theexpiration date stated in the reverse security repurchase agreement.

D. Mutual Funds.

1. A no-load money market mutual fund is an authorized investment under thissection if the mutual fund:

a. Is registered with and regulated by the Securities and Exchange Commissionand provides the City with a prospectus and other information required bythe Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or theInvestment Company Act of 1940 (15 U.S.C. Section 80a-l et seq.);

b. Has a dollar-weighted average stated maturity 01'90 days or fewer; and

c. Includes in its investment objectives the maintenance of a stable net assetvalue of$1 for each share.

2: The City shall not invest its funds or funds under its control, including bondproceeds and reserves and other funds held for debt service, in anyonemutual fund in an amount that exceeds 10 percent of the total assets of themutual fund.

E. Investment Pools

The City may invest its funds and funds under its control through an eligibleinvestment pool if the pool operates in compliance with the Act, invests in amanner consistent with the risk criteria of this Policy, and City Council by rule,order, ordinance, or resolution, as appropriate, authorizes investment in theparticular pool.

F. Existing Investments.

-The City is not required to liquidate investments that were authorized at thf·.·-;)">;'C

time of_purchase.

G. Rating of Certain Investment Pools.

fh A public funds investment pool must be continuously rated no lower Tnl'1ln.-·,.<·

AAA or AAA-m or at an equivalent rating by at least one nationally recognizedrating agency or no lower than investment grade by at least one nationallyrecognized rating service with a weighted average maturity no greater than 90days.

H. Effect ofLoss of Required Rating.

~ An investment that requires a minimum rating under this section doesqualify as an authorized investment during the period the investment does nothave the minimum rating. The City shall take all prudent measures that areconsistent with its Investment Policy to liquidate an investment that does nothave the minimum rating.

Sec. 2-259. Collateralization

In agreement with the requirements of the Act and the Public Funds Collateral Act, Chapter2257 of the Texas Government Code, it is the Policy of the City that collateral will berequired on financial institution deposits and repurchase agreements at 102% market valueincluding accrued interest, for each investment amount. Acceptable forms of collateral arethose included in Section IX (A) (1) (a) of this Policy.

The right of substitution will be granted, with the approval of an Investment Officer.

Collateral will be held and maintained as noted under the caption "Safekeeping".

Sec. 2-260. Safekeeping and Custody

All purchased securities shall be held in safekeeping by either the City, the City's account in athird party financial institution, or the City's safekeeping account at its designated depositorybank. Signatures authorized on the safekeeping accounts are those identified in thedepository agreement. Transfers of securities in safekeeping shall be processed with writtenconfirmations. The confirmation will be used for documentation and retention purposes.Securities rendered for payment will always be sent Delivery versus Payment to the City'sdesignated safekeeping bank.

Sec. 2-261. Diversification

The City will diversify its investments in terms of maturity as well as type and issuerpursuant to the list of authorized investments included herein. With the exception of U. S.Treasury and Agency securities and investment pools, no more than 50% of the City's totalinvestment portfolio will be invested in a single security type. Investment in anyone pool islimited to 50% ofthe City's total investment portfolio.

Sec. 2-262. Maximum Maturities

To the extent possible, the City will attempt to match its investments with projected cashflow requirements. Unless matched to a specific cash flow, the City's investment insecurities with maturities exceeding two (2) years will not exceed twenty-five percent (25%)of the total portfolio. The maximum maturity of any security will not exceed the ten (10)years to maturity. However, the City may collateralize its repurchase agreements usingapproved collateral not to exceed ten (10) years to maturity.

Sec. 2-263. Internal Control

The external audit firm as part of the City's annual financial audit will perform acompliance audit of management controls on investments and adherence to the City'sInvestment Policy.

Sec. 2-264. Performance Benchmark

It is the Policy of the City to purchase investments, and hold them until maturity, withmaturity dates coinciding with cash flow needs. Through this strategy, the City attempts topurchase the highest yielding allowable investments available on the market at that time.Market value will be calculated at least on a quarterly basis on all securities owned andcompared to current book value of those securities to determine portfolio performanceduring that period of time. The City's portfolio shall be designed with the objective of

regularly meeting or exceeding the average rate of return on U. S. Treasury Bills at amaturity level comparable to the City's weighted average maturity in days. "WeightedAverage Yield to Maturity shall be the performance measurement standard for theportfolio.

Sec. 2-265. Reporting

The City Manager through the Director of Finance will prepare and submit to City Councilon" a quarterly basis a written report of investment transactions for all funds covered by thisPolicy for the preceding period. The report must:

A. Describe in detail the investment position of the City on the date ofthe report;B. Be prepared jointly by all Investment Officers of the City;C. Be signed by each Investment Officer ofthe City;D. Contains a summary statement prepared in compliance with generally accepted

accounting principles of each pooled fund group that states the beginning marketvalue for the reporting peri9d, additions and changes to the market value during theperiod, ending market value for the period, and fully accrued interest for thereporting period.

E. States the book value and market value, of each separately invested asset at thebeginning and end of the reporting period by the type of asset and fund typeinvested. In defining market value, sources independent of the investmentproviders will determine valuations and considerations will be given to GASBStatement No. 31.

F. State the maturity date of each separately invested asset that has a maturity date;G. States the account or fund or pooled group fund in the City for which each

individual investment was acquired; andH. States the compliance of the investment portfolio of the City as it relates to: the

Investment Strategy expressed in the City's Investment Policy; and relevantprovisions ofAct.

If the City invests in other than money market mutual funds, investment pools, or accountsoffered by its depository bank in the form of certificates of deposit, money market accounts,or similar accounts, the reports prepared by Investment Officers as included in this sectionshall be formally reviewed at least annually by an independent auditor, in conjunction withthe annual financial audit, and the result of the review shall be reported to the City Councilby that auditor.

Sec. 2-266. Investment Policy Adoption

The City's Investment Policy shall be adopted by ordinance of the City Council.

Sec. 2-268. List ofAuthorized Broker / Dealers and Financial Institutions

Sec. 2-267. Depository for City Funds

LIST OF APPROVED INVESTMENT BROKER / DEALERS & FINANCIALINSTITUTIONS - DECEMBER NOVE1VIBER 200.a+

Walter K. Plunkett

Glen O. Hooker Patty Fougerat

Michael Bell

Robert M. Phillips

Steve Orta

Jim Elliott

Vincent Agogila

Winthrop Harvey

Howard Ledet

CONTACT PERSON

*

The City Council shall designate a banking institution as the depository for the funds of theCity. The bank is selected primarily on "solvency and stability" and secondly on the costof banking services and the interest rate to be paid on deposits. The bank shall be selectedthrough a formalized bidding process in response to a City request for proposal outliningall services required. The banking services contract shall be bid to comply with the CityCharter and any statutory requirements. The designation of the primary depository bankdoes not preclude the City from entering into other depository contracts for the purpose ofreceiving investment or other bank services.

The City Council shall review the Investment Policy and Investment Strategies annually,and it shall by ordinance state that it has reviewed the Investment Policy and InvestmentStrategies and that said ordinance so adopted includes any changes made to either theInvestment Policy or Investment Strategies.

Wells Fargo Brokerage

First Empire Securities

First Public

SAMCO Capital Markets

Cantor Fitzgerald *

JP Morgan Chase *

Merrill Lynch Securities *

Morgan Stanley

Deutsche Bank, Alex. Brown *

FIRM

Frost Bank

*Denotes Primary Dealer

Anthony JassoCody Hunley

APPROVED LOCAL GOVERNMENT INVESTMENT POOLS

TexPoolA:: ~ ._.._.. _

Texas Daily / Texas TermLone Star Investment PoolLOGIC - Local Government Investment CooperativeMBIA Municipal Investors Service Corp. - Texas Class Program - Investment Pool

Sec. 2-269. Investment StrategyThe City's Investment Portfolio is a combination of all the City funds with the exception ofthe Laredo Firefighters Retirement Fund. The following investment strategy applies to theCity's Investment Portfolio The portfolio is maintained to meet anticipated daily cashrequirements for the City's operations, debt service payments and capital projects whileinvesting a the maximum extent possible at risk-appropriate rates obtainable at the time ofthe investment. The City's portfolio shall be designed with the objective of regularlymeeting or exceeding the average rate of return on U. S. Treasury Bills at a maturity levelcomparable to the City's weighted average maturity in days.

The overall objectives ofthe portfolio are:

A. Preservation and safety ofprincipalThe investments of the City shall be made in a manner that ensures preservation of capital inthe overall portfolio. This will be attained through the diversification of the portfolio and byinvesting in high-quality securities for which a strong secondary market exists.

B. LiquidityThe portfolio is an integral element ofthe City's cash management program, and as such, theportfolio will remain sufficiently liquid to enable the City to meet all operatingrequirements, which might be reasonably anticipated. This will be accomplished bystructuring the portfolio so that securities mature concurrent with cash need to meetanticipated demands. A portion of the portfolio also may be placed in stable - valueinvestment options that offer same-day liquidity for short-term funds.

C. YieldThe investment portfolio shall be designed with the objective at attaining an overallcommensurate with the City's risk preference and the cash flow characteristics of theportfolio.

D. DiversificationThe City will diversify its investments in terms of maturity as well as type and issuerpursuant to the list of authorized. With the exception of U.S. Treasury and Agencysecurities, and investment pools~ no more than 50% of the City's total investment portfoliowill be invested in a single security type. Investment in anyone pool is limited t050% of theCity's total investment portfolio.

Sec. 2-270.Investment Strategy by Fund Type

A. General and Enterprise Operating Funds

Operating Funds will have as their primary objective to assure that cash flows arematched while obtaining reasonable market yields. This will be accomplished bypurchasing quality, short-term securities in a laddered structure, or utilizing otherliquid alternatives.

The dollar weighted average will be 270 days or less to accomplish this goal. Theportfolio shall be diversified to protect against credit and market risk in anyonesector. No security will be purchased with maturity over twenty-four (24) months~

C. Capital Project and Special Purpose Funds

Capital Project and Special Purpose Funds will have as their primary objective toensure that anticipated cash flows are matched with adequate investment liquidity.No funds will be invested longer than the related anticipated expenditures.

These portfolios should have minimum liquid, stable-value investment options toallow for unanticipated project expenditures or accelerated project outlays. Thedollar weighted average life of the portfolio should match the weighted average lifeof the expenditures. Funds invested for capital projects may be from bond proceedsthat are subject to arbitrage rebate regulations.

The City will have an arbitrage rebate calculation performed annually to determinethe income, if any, that has exceeded the arbitrage yield of bonds. Any positivearbitrage income will be rebated to the Federal Government according to arbitrageregulations. A secondary objective of these funds is to achieve a yield equal to orgreater than the arbitrage yield on the applicable bond.

D. Debt Service Fund and Debt Service Reserve

Debt Service Funds shall have as the primary objective the guarantee of investmentliquidity adequate to cover the debt service obligation on the required payment date.Securities purchased will not have maturity dates that exceed the next debt servicepayment date until the next debt service payment is fully funded.

Debt Service Reserve will have as the primary objective the ability to generate adependable revenue stream to the appropriate debt service fund within the limits setforth by the bond ordinance or debt covenants specific to each individual bondIssue.

Sec. 2-271. GLOSSARY OF CASH MANAGEMENT / INVESTMENT TERMS

Accrued Interest: The accumulated interest due on a bond as of the last interest payment made by theIssuer.

Agency: A debt security issued by a federal or federally sponsored agency. Federal agencies are backedby the full faith and credit of the U.S. Government. Government Sponsored Enterprises (GSE) are backedby each particular agency with a market perception that there is an implicit government guarantee. Anexample of federal agency is the Government National Mortgage Association (GNMA). An example of a(GSE) is the Federal National Mortgage Association (FNMA).

Amortization: The systematic reduction of the amount owed on a debt issue through periodic paymentsof principal.

Asked: The price at which securities are offered.

Average Life: The average length of time that an issue of serial bonds and/or term bonds with amandatory sinking fund feature is expected to be outstanding.

Basis Point: A unit of measurement used in the valuation of fixed-income securities equal to 11100 of apercent ofyield. E.g., "114" of 1 percent is equal to 25 basis points.

Bid: The indicated price at which a buyer is willing to purchase a security or commodity.

Book Value: The value at which a security is carried on the inventory lists or other financial records of aninvestor. The book value may differ significantly from the security's current value in the market.

Broker: A broker brings buyers and sellers together for a commission paid by the initiator of thetransaction or by both sides; he does not position. In the money market, brokers are active in markets inwhich banks buy and sell money and in interdealer markets.

Callable Bond: A bond issue in which all or part of its outstanding principal amount may be redeemedbefore maturity by the issuer under specified conditions.

Call Price: The price at which an issuer may redeem a bond prior to maturity. The price is usually at aslight premium to the bond's original issue price to compensate the holder for loss of income andownership.

Call Risk: The risk to a bondholder that a bond may be redeemed prior to maturity.

Cash SalelPurchase: A transaction which calls for delivery and payment of securities on the same daythat the transaction is initiated.

Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a certificate. Largedenomination CD's are typically negotiable.

Collateralization: Process by which a borrower pledges securities, property, or other deposits for thepurpose of securing the repayment of a loan and/or security.

Commercial Paper: An unsecured short-term promissory note issued by corporations, with maturitiesranging from 2 to 270 days.

Comprehensive Annual Financial Report (CAFR): The official annual report for the City of Laredo. Itincludes combined statements and basic financial statements for each individual fund and account groupprepared in conformity with GAAP. It also includes supporting schedules necessary to demonstratecompliimce with finance-related legal and contractual provision, extensive introductory material, and adetailed statistical section.

Convexity: A measure of a bond's price sensitivity to changing interest rates. A high convexity indicatesgreater sensitivity ofa bond's price to interest rate changes.

Coupon Rate: The annual rate of interest received by an investor from the issuer of certain types offixed-income securities. Also known as the "interest rate."

Credit Quality: The measurement of the financial strength of a bond issuer. This measurement helps aninvestor to understand an issuer's ability to make timely interest payments and repay the loan principalupon maturity. Generally, the higher the credit quality of a bond issuer, the lower the interest rate paid bythe issuer because the risk of default is lower. Credit quality ratings are provided by nationallyrecognized rating agencies.

Credit Risk: The risk to an investor that an issuer will default in the payment of interest and/or principalon a security.

Current Yield (Current Return): A yield calculation determined by dividing the annual interestreceived on a security by the current market price of that security.

Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for hisown account.

Debenture: A bond secured only by the general credit of the issuer.

Delivery versus Payment: There are two methods of delivery of securities: delivery versus payment anddelivery versus receipt(also called free). Delivery versus payment is delivery of securities with anexchange of money for the securities. Delivery versus receipt is the delivery of securities with anexchange of a signed receipt for the securities.

Derivative Security: Financial instrument created from, or whose value depends upon, one or moreunderlying assets or indexes of asset values.

Discount: The amount by which the par value of a security exceeds the price paid for the security.

Discount Securities: Non-interest bearing money market instruments that are issued at a discount andredeemed at maturity for full face value, e.g., U.S. Treasury Bills.

Diversification: A process of investing assets among a range of security types by sector, maturity, andquality rating.

Duration: A measure of the timing of the cash flows, such as the interest payments and the principalrepayment, to be received from a given fixed-income security. This calculation is based on threevariables: term to maturity, coupon rate, and yield to maturity. The duration of a security is a usefulindicator of its price volatility for given changes in interest rates.

Fair Value: The amount at which an investment could be exchanged in a current transaction betweenwilling parties, other than in a forced or liquidation sale.

Federal Funds (Fed Funds): Funds placed in Federal Reserve banks by depository institutions in excessof current reserve requirements. These depository institutions may lend fed funds to each other overnightor on a longer basis. They may also transfer funds among each other on a same-day basis through theFederal Reserve banking system. Fed funds are considered to be immediately available funds.

Federal Funds Rate: Interest rate charged by one institution lending federal funds to the other.

Federal Credit Agencies: Agencies of the Federal government set up to supply credit to various classesof institutions and individuals, e.g. S & L's, small business firms, students, farmers, farm cooperatives,and exporters.

Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits, currentlyup to $100,000 per deposit.

Federal Home Loan Banks (FHLB): The institutions that regulate and lend to savings and loanassociations. The Federal Home Loan Banks playa role analogous to that played by the Federal ReserveBanks vis-a-vis member commercial banks.

Federal National Mortgage Association (FNMA): FNMA, like GNMA, was chartered under theFederal National Mortgage Association Act in 1938. FNMA is a federal corporation working under theauspices of the Department of Housing and Urban Development, H.U.D. It is the largest single providerof residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a privatestockholder-owned corporation. The corporation's purchases include a variety of adjustable mortgagesand second loans in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and arewidely accepted. FNMA assumes and guarantees that all security holders will receive timely payment ofprincipal and interest.

Federal Open Market Committee (FOMC): Consists of seven members of the Federal Reserve Boardand five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal ReserveBank is a permanent member while the other Presidents serve on a rotating basis. The Committeeperiodically meets to set Federal Reserve guidelines regarding purchases and sales of GovernmentSecurities in the open-market as a means of influencing the volume of bank credit and money.

Federal Reserve System: The central bank ofthe United States created by Congress and consisting of aseven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercialbanks that are members of the system.

Financial Industry Regulatory Authority (FINRA): A self-regulatory organization (SRO) of brokersand dealers in the over-the-counter securities business. Its regulatory mandate includes authority overfirms that distribute mutual fund shares as well as other securities.

Government National Mortgage Association (GNMA or Ginnie Mae): Securities guaranteed byGNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and otherinstitutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Maesecurities are backed by FHA, VA or FMHM mortgages. The term pass through is often used to describeGinnie Maes.

Government Securities: Obligations of the U.S. government, its agencies or instrumentalities, not all arebacked by the full faith and credit of the government. These securities are regarded as the highest qualityof investment securities available in the U.S. securities market.

Interest Rate: See "Coupon Rate."

Interest Rate Risk: The risk associated with declines or rises in interest rates which cause an investmentin a fixed-income security to increase or decrease in value.

Internal Controls: An internal control structure designed to ensure that the assets of the entity areprotected from loss, theft, or misuse. The internal control structure is designed to provide reasonableassurance that these objectives are met. The concept of reasonable assurance recognized that 1) the cost ofa control should not exceed the benefits likely to be derived and 2) the valuation of costs and benefitsrequires estimates and judgments by management. Internal controls should address the following points:

• Control of collusion - Collusion is a situation where two or more employees are working inconjunction to defraud their employer.

• Separation of transaction authority from accounting and record keeping - By separating theperson who authorizes or performs the transaction from the people who record or otherwise accountfor the transaction, a separation of duties is achieved.

• Custodial safekeeping - Securities purchased from any bank or dealer including appropriatecollateral (as defined by state law) shall be placed with an independent third party for custodialsafekeeping.

Inverted Yield Curve: A chart formation that illustrates long-term securities having lower yields thanshort-term securities. This configuration usually occurs during periods of high inflation coupled with lowlevels of confidence in the economy and a restrictive monetary policy.

Investment Policy: A concise and clear statement of the objectives and parameters formulated by aninvestor or investment manager for a portfolio of investment securities.

Investment-grade Obligations: An investment instrument suitable for purchase by institutional investorsunder the prudent person rule. Investment-grade is restricted to those obligations rated BBB or higher by arating agency.Liquidity: A liquid asset is one that can be converted easily and rapidly into cash without a substantialloss of value. In the money market, a security is said to be liquid if the spread between bid and askedprices is narrow and reasonable size can be done at those quotes.

. Local Government Investment Pool (LGIP): An investment by local governments in which theirmoney is pooled as a method for managing local funds.

Mark-to-market: The process whereby the book value or collateral value of a security is adjusted toreflect its current market value.

Market Risk: The risk that the value of a security will rise or decline as a result of changes in marketconditions.

Market Value: Current market price of a security.

Master Repurchase Agreement: To protect investors, many public investors will request that repurchaseagreements be preceded by a master repurchase agreement between the investor and the financialinstitution or dealer. The master agreement should define the nature of the transaction, identify therelationship between the parties, establish normal practices regarding ownership and custody of thecollateral securities during the term of the investment provide remedies in the case of default by eitherparty and clarify issues of ownership. The master repurchase agreement protects the investor byeliminating the uncertainty of ownership and hence, allowing investors to liquidate collateral if a bank ordealer defaults during the term ofthe agreement.

Maturity: The date on which payment of a financial obligation is due. The final stated maturity is thedate on which the issuer must retire a bond and pay the face value to the bondholder. See "WeightedAverage maturity."

Money market: The market in which short-term debt instruments (bills, commercial paper, bankers'acceptances, etc.) are issued and traded.

Money Market Mutual Fund: Mutual funds that invest solely in money market instruments.

Mutual Fund: An investment company that pools money and can invest in a variety of securities,including fixed-income securities and money market instruments. The Investment Company Act of 1940regulates mutual funds.

Net Asset Value: The market value of one share of an investment company, such as a mutual fund. Thisfigure is calculated by totaling a fund's assets which includes securities, cash, and any accrued earnings,subtracting this from the fund's liabilities and dividing this total by the number of shares outstanding.This is calculated once a day based on the closing price for each security in the fund's portfolio.

No Load Mutual Fund: A mutual fund, which does not levy a sales charge on the purchase of its shares.

Nominal Yield: the stated rate of interest that a bond pays its current owner, based on par value of thesecurity. It is also known as the "coupon," coupon rate," or "interest rate."

Offer: An indicated price at which market participants are willing to sell a security or commodity. Alsoreferred to as the "ask price."

Open Market Operations: Purchases and sales of government and certain other securities in the openmarket bythe New York Federal Reserve Bank as directed by the FOMC in order to influence the volumeof money and credit in the economy. Purchases inject reserves into the bank system and stimulate growthof money and credit; sales have the opposite effect. Open market operations are the Federal Reserve'smost important and most flexible monetary policy tool.

Par: Face value or principal value of a bond, typically $1,000 per bond.

Portfolio: Collection of securities held by an investor.

Positive Yield Curve: A chart formation that illustrates short-term securities having lower yields thanlong-term securities.

Premium: The amount by which the price paid for a security exceeds the security's par value.

Prime Rate: A preferred interest rate charged by commercial banks to their most creditworthy customers.Many interest rates are keyed to this rate.

Primary Dealer: A group of government securities dealers that submit daily reports of market activityand positions and monthly financial statements to the Federal Reserve Bank ofNew York and are subjectto it informal oversight. Primary dealers include Securities and Exchange Commission (SEC) registeredsecurities broker-dealers, banks and a few unregulated firms.

Principal: The face value or par value of a debt instrument. Also may refer to the amount of capitalinvested in a given security.

Prospectus: A legal document that must be provided to any prospective purchaser of a new securitiesoffering registered with the SEC. This can include information on the issuer, the issuer's business, theproposed use of proceeds, the experience of the issuer's management, and certain certified financialstatements.

Prudent Person Rule: An investment standard outlining the fiduciary responsibilities of public fundsinvestors relating to investment practices.

Qualified Public Depositories: A financial institution which does not claim exemption from the paymentof any sales or compensating use or ad valorem taxes under the laws of the state, which has segregated forthe benefit of the commission eligible collateral having a value of not less than its maximum liability andwhich has been approved by the Public Deposit Protection Commission to hold public deposits.

Rate of Return: The yield obtainable on a security based on its purchase price or its current market price.This may be the amortized yield to maturity on a bond or the current income return.

Reinvestment Risk: The risk that a fixed income investor will be unable to reinvest income proceedsfrom a security holding at the same rate of return currently generated by that holding.

Repurchase Agreement (RP or REPO): An agreement of one party to purchase securities at a specifiedprice from a second party and a simultaneous agreement by the first party to resell the securities at aspecified price to the second party on demand or at a specified date.

Safekeeping: Holding of assets (e.g. securities) by a financial institution.

SEC Rule 15C3-1: See uniform net capital rule.

Secondary Market: A market made for the purchase and sale of outstanding issues following the initialdistribution.

Securities & Exchange Commission: Agency created by Congress to protect investors in securitiestransactions by administering securities legislation.

Serial Bond: A bond issue, usually of a municipality, with various maturity dates scheduled at regularintervals until the entire issue is retired.

Sinking Fund: Money accumulated on a regular basis in a separate custodial account that is used toredeem debt securities or preferred stock issues.

Swap: Trading one asset for another.

Term Bond: Bonds comprising a large part of all of a particular issue, which come due in a singlematurity. The issuer usually agrees to make periodic payments into a sinking fund for mandatoryredemption ofterm bonds before maturity.

Total Return: The sum of all investment income plus changes in the capital value of the portfolio. Formutual funds, return on an investment is composed of share price appreciation plus any realized dividendsor capital gains. This is calculated by taking the following components during a certain time period. (PriceAppreciation)+(Dividends paid)+(Capital gains)=Total Return

Treasury Bills: A non-interest bearing discount security issued by the U.S. Treasury to finance thenational debt. Most bills are issued to mature in three months, six months or one year in minimumdenominations of$10,000.00. The yields on bills are monitored closely in the money markets for signs ofinterest rate trends.

Treasury Bond: Long-term U.S. Treasury securities having initial maturities of more than ten years.Current, the longest outstanding maturity for such securities is 30 years.

Treasury Notes: Intermediate term coupon bearing U.S. Treasury securities having initial maturities fromone to ten years.

Uniform Net Capital Rule: Securities and Exchange Commission requirement that member firms as wellas nonmember broker-dealers in securities maintain a maximum ration of indebtedness to liquid capital of15 to 1: also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm,including margin loans and commitments to purchase securities. This is one reason new public issues arespread among members of underwriting syndicates. Liquid capital includes cash and assets easilyconverted into cash.

Volatility: A degree of fluctuation in the price and valuation of securities.

Volatility Risk Rating: A rating system to clearly indicate the level of volatility and other non-creditrisks associated with securities and certain bond funds. The ratings for bond funds range from those thathave extremely low sensitivity to changing market conditions and offer the greatest stability of the return("aaa" by S&P; "V-1" by Fitch) to those that are highly sensitive with currently identifiable marketvolatility risk ("ccc" by S&P, "V-10" by Fitch).

Weighted Average Maturity (WAM): The average maturity of all the secuntIes that comprise aportfolio. According to SEC rule 2A-7, the WAM for SEC registered money market mutual funds maynot exceed 90 days and no one security may have a maturity that exceeds 397 days.

When Issued (WI): A conditional transaction in which an authorized new security has not been issued.All "when issued" transactions are settled when the actual security is issued.

Yield: The rate of annual income return on an investment, expressed as a percentage. (a) Income Yieldis obtained by dividing the current dollar income by the current market price of the security. (b) NetYield or Yield to Maturity is the current income yield minus any premium above par or plus any discountfrom par n purchase price, with the adjustment spread over the period from the date of purchase to thedate ofmaturity of the bond.

Yield-to-call (YTC): The rate of return an investor earns from a bond assuming the bond is redeemed(called) prior to its nominal maturity date.

Yield Curve: A graphic representation that depicts the relationship at a given point in time betweenyields and maturity for bonds that are identical in every way except maturity. A normal yield, curve maybe alternatively referred to a positive yield curve.

Yield-to-maturity: The rate of return yielded by a debt security held to maturity when both interestpayments and the investor's potential capital gain or loss are included in the calculation of return.

Zero-coupon Securities: Security that is issued at a discount and makes no periodic interest payments.The rate of return consists of a gradual accretion of the principal of the security and is payable at par uponmaturity.

Section 2. This ordinance shall become effective upon the final reading of this ordinance.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THis THE DAyOF DECEMBER, 2008.

RAUL G. SALINAS, MAYOR

ATTEST:


APPROVED AS TO FORMRAUL CASSOCITY ATTORNEY

.BY:~1VL.~Anthony C. McGettrickAssistant City Attorney

DATE:

12/01/2008

INITIATED BY:Cynthia CollazoDeputy City Manager


SUBJECT: INTRODUCTORY ORDINANCECLOSING AS PUBLIC EASEMENTS THE FOLLOWING STREETSECTIONS IN THE EASTERN DIVISION OF THE CITY OF LAREDO,WEBB COUNTY, TEXAS:(1) MENDIOLA AVENUE BETWEEN TINAJA AND PALO BLANCOSTREETS; &,(2) THURMAN STREET BETWEEN MEADOW AND MENDIOLAAVENUES, INCLUDING ITS INTERSECTION WITH MENDIOLA AVENUE;&(3) THE EAST ONE-HALF OF NORTON STREET BETWEEN MEADOWAND SEYMOUR AVENUES.EXCEPT FOR EXISTING UTILITIES LOCATED THEREIN; &PROVIDING FOR EFFECTIVE DATE

STAFF SOURCE:Ronnie AcostaCD Director

PREVIOUS COUNCIL ACTION:None

BACKGROUND:

The proposed closures are located in south Laredo, north of the Original South City Limits, and west of U.S. Highway 83, Eastern Division. The City is proposing to close as a public easement the abovementioned street sections. The proposed closures are unopened, platted streets located within creeks,pits and within large tracts of land. The proposed street closings have never been opened to traffic andstaff does not anticipate any future potential use. Should said closures be approved by the City, theabutting property owners who own a large tract of land have shown interest in purchasing said streets.

The sole abutting property owners of said streets have no objection to the proposed closures and haveexecuted a release form; whereby, they release the City of Laredo from any liability in closing said streets.

Memorandums have been sent to all City Departments and utility companies and no objections werenoted. Should the proposed closures be approved, the City will retain all necessary existing easementsupon their closure.

On November 20, 2008, a public hearing was held before the Planning and Zoning Commission. Letterswere mailed to property owners within the 200' radius informing them of the pUblic hearing on theproposed street closures. After the pUblic hearing, the Planning &Zoning Commission voted in favor of theproposed street closures.

FINANCIAL IMPACT:None

COMMITTEE RECOMMENDATION:

N/A

1

STAFF RECOMMENDATION:Staff recommends Introduction of thisOrdinance.

AN ORDINANCE

CLOSING AS PUBLIC EASEMENTS THE FOLLOWING STREETSECTIONS IN THE EASTERN DIVISION OF THE CITY OF LAREDO,WEBB COUNTY, TEXAS:(1) MENDIOLA AVENUE BETWEEN TINAJA AND PALO BLANCOSTREETS; &,(2) THURMAN STREET BETWEEN MEADOW AND MENDIOLAAVENUES, INCLUDING ITS INTERSECTION WITH MENDIOLAAVENUE; &(3) THE EAST ONE-HALF OF NORTON STREET BETWEEN MEADOWAND SEYMOUR AVENUES.EXCEPT FOR EXISTING UTILITIES LOCATED THEREIN; &PROVIDING FOR EFFECTIVE DATE

WHEREAS, The City Manager recommends that the City Council closeas public easements, the above-mentioned unopened, platted streets locatedwithin creeks, pits and within large tracts of land; and,

WHEREAS, it is not anticipated the proposed street closures will ever beopened to traffic; and,

WHEREAS, the City Council finds that it is in the best interest of the Cityto close the above three street sections as public easements, except for existingutilities which may be located therein.

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

Section 1: it hereby closes as public easements the following three streetsections:

1 Mendiola Avenue between Tinaja and Palo Blanco Streets;2 Thurman Street between Meadow and Mendiola Avenues, including its

intersection with Mendiola Avenue; and,3 The east one-half of Norton Street between Meadow and Seymour

Avenues,Provided, however, that the City retains the right to maintain, operate,repair and replace, by itself or by any licensee or holder of a franchisefrom the City, City, any poles, fires, pipes, conduits, sewer mains, or anyother facilities or equipment for the maintenance of operation of any utilitynow located in the street portions herein closed as public easements.

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

2

, ,

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS

THE_ DAY OF DECEMBER, 2008

RAUL G. SAUNASMayor

ATTEST:

GUSTAVO GUEVARA, JR.City Secretary

APPROVED AS TO FORM:Raul CassoCity Attorney

BY: ---------Anthony C. McGettrickAsst. City Attorney

3

DRAWN:

DESIGNED:

APPROVED: G. Martinez P.E.

PROPOSED STREET CLOSURES1110 HOUSTON ST.(956) 791-7346

mATE:

12-1-08

COUNCIL COMMUNICATIONSUBJECT: INTRODUCTION OF AN ORDINANCERepealing Ordinance No. 2008-0-160 dated August 4, 2008, that authorized a ForeignTrade Zone (FTZ) Operations Agreement with Consolidora Internacional de Carga, S.A.de C.V., as Zone Site Operator within FTZ Site III located at 12014 Sara Road, KillamIndustrial Park, and authorizing the City Manager to execute a Foreign-Trade-ZoneOperations Agreement by and on behalf of the City ofLaredo, Grantee ofForeign-TradeZone No. 94 and AC Imports & Exports Agency, Inc., as Zone Site Operator within SiteNo. III located at 12014 Sara Road, Killam Industrial Park effective January 1,2009 andending on September 30, 2009. Providing activation, administration and transaction feesbe paid to the City; providing for an effective date.

iINITIATED BY: Jesus M. OlivaresAssistant City Manager

STAFF SOURCE: Jose L. FloresAirport Manager

rREVIOUS ACTION: Ordinance No. 2006-0-160 dated August 4,2008, approved a Foreign-Trade:Zone (FTZ) Operations Agreement with Consolidora Intemacional de Carga, S.A., de C.V.

IBACKGROUND: A Foreign-Trade Zone (FTZ) is a secured specialized area, in or adjacent to the U. S.!Port ofEntry, which is considered to be outside the Customs Territory ofthe United States. Both foreignand domestic merchandise may be admitted to a Zone with no duty paid on the foreign merchandise unless~d until it leaves the Zone for domestic consumption. Ifthe merchandise is exported, no duties are paid toIU. S. Customs.

lAc Imports & Exports Agency, Inc. leases an approximate 59,132 square foot facility located at 12014 Sara1R0ad, Killam Industrial Park, Foreign-Trade Zone, Site III and requests to activate 6,096 square feet of the~)Uilding to commence foreign-trade zone operations.

lAc Imports & Exports Agency, Inc. is required to post a FTZ Operators Bond with the U. S. CustomsService in the amount of $100,000.00, a Foreign-Trade Zone Indemnification Bond (Grantee/Operator) inhe amount of $100,000 naming the City ofLaredo, Grantee ofFTZ No. 94, as Obligee, and provide Public

lLiability Insurance in the amount ofOne Million Dollars, naming the City ofLaredo as additional insured.

!FINANCIAL: The Operations Agreement provides the following fees:IAccount No. 242-0000-361-1065: (a) $500.00 (Initial Activation Fee in the amount of $0.02 per activated

square foot with a $500 Minimum/$S,OOO Maximum); and(b) $182.88 Per Year (Annual Administration Fee ofthree cents ($0.03)

per activated square foot; and(c) $2.00 Activity Fee (D. S. Customs Transaction CF 214, CF 216 or

their equivalent).

COMMITTEE RECOMMENDATION:On October 28, 2008, the Airport Advisory Committeeconsidered this item and recommends approval.

STAFF RECOMMENDATION:Approval ofthis Ordinance.

AN ORDINANCE

REPEALING ORDINANCE NO. 2008-0-160 DATEDAUGUST 4, 2008, THAT AUTHORIZED A FOREIGN-TRADEZONE (FTZ) OPERATIONS AGREEMENT WITH CONSOLIDORAINTERNACIONAL DE CARGA, S.A. DE C.V., AS ZONE SITEOPERATOR WITHIN FIZ SITE III LOCATED AT 12014 SARAROAD, KILLAM INDUSTRIAL PARK, AND AUTHORIZING THECITY MANAGER TO EXECUTE A FOREIGN-TRADE-ZONEOPERATIONS AGREEMENT BY AND ON BEHALF OF THECITY OF LAREDO, GRANTEE OF FOREIGN-TRADE ZONE NO.94 AND AC IMPORTS & EXPORTS AGENCY, INC., AS ZONESITE OPERATOR. WITHIN SITE NO. III LOCATED AT 12014SARA ROAD, KILLAM INDUSTRIAL PARK EFFECTIVEJANUARY 1, 2009 AND ENDING ON SEPTEMBER 30, 2009.PROVIDING ACTIVATION, ADMINISTRATION ANDTRANSACTION FEES BE PAID TO THE CITY; PROVIDING FORAN EFFECTIVE DATE.

WHEREAS, the Airport Manager recommends that the City Council repealOrdinance No. 2008-0-106 dated August 4,2008, that authorized a Foreign-Trade Zone(FTZ) Operations Agreement with Consolidora Internacional de Carga, S.A. de C.Y., asZone Site Operator within FTZ Site ill located at 12014 Sara Road, Killam IndustrialPark, and approve the proposed Foreign-Trade Zone Operations Agreement between theCity of Laredo, as Zone Grantee of Foreign-Trade Zone No. 94, and AC Imports &Exports Agency, Inc., as Zone Site Operator within FTZ Site ill, located at 12014 SaraRoad, Killam Industrial Park, as a contract and in furtherance of the development of theLaredo International Airport and as a support to the maintenance and operation of theLaredo International Airport;

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


Section 1: The City Manager be and is hereby authorized to repeal Ordinance No.2008-0-106 dated August 4, 2008, that authorized a Foreign-Trade Zone (FTZ)Operations Agreement with Consolidora Internacional de Carga, S.A. de C.Y., as ZoneSite Operator within FTZ Site ill located at 12014 Sara Road, Killam Industrial Park, andapprove the proposed Foreign-Trade Zone Operations Agreement between the City ofLaredo, as Zone Grantee of Foreign-Trade Zone No. 94, and AC Imports & ExportsAgency, Inc., as Zone Site Operator within FTZ Site III, located at 12014 Sara Road,Killam Industrial Park, a copy of which contract is attached hereto as Exhibit A, andincorporated herein as ifset out at length.

Page 1 of2

FOREIGN-TRADE ZONE OPERATIONS AGREEMENT BETWEEN THE CITY OF LAREDO AND AC IMPORTS &EXPORTS AGENCY. INC.

Section 2: This Ordinance shall become effective upon passage hereof

PASSED BY THE CITY COUNCIL AND APROVED BY THE MAYOR ONTHIS THE DAY OF .20_.


ATTEST:



By:tI~~<~VALERIA M. ACEVEDOASSISTANT CITY ATTORNEY

Page 2 of2

FOREIGN-TRADE ZONE SITEOPERATIONS AGREEMENT

THIS AGREEMENT is entered into under authority of the Foreign-Trade ZonesAct, 19 U.S.C. 81a et seq., and specifically under authority of 19 U.S.C. Section 81(b)a andArticle 1446.1 of Vernon's Revised Texas Civil Statutes authorizing the City of Laredo, a Texasmunicipal corporation, to establish, operate, and maintain a foreign-trade zone. This Agreementhas further been authorized by Ordinance No. , dated , of theCity of Laredo.

The parties hereto are the City of Laredo, a home rule city, chartered pursuant to theConstitution and laws of the State of Texas, and Grantee of Foreign-Trade Zone No. 94, andhereinafter referred to as "ZONE GRANTEE" and AC Imports & Exports Agency, Inc. locatedat 12014 Sara Road, Laredo, Texas, 78045, and hereinafter referred to as "ZONE SITEOPERATOR".

WITNESSETH

WHEREAS, ZONE GRANTEE is designated by the Foreign-Trade Zones Board,hereinafter referred to as "Board", as the Grantee of Foreign-Trade Zone No. 94, hereinafterreferred to as the "Zone"; and

WHEREAS, ZONE GRANTEE has received authorization from the Board for Zone SiteNo. III of the Zone, further described in Exhibit 1 attached hereto and incorporated herein for allpurposes; and

WHEREAS, ZONE SITE OPERATOR controls approximately 59,132 square feet ofwarehouse and fenced-in yard area hereinafter referred to as "Zone Site" and described by metesand bounds in Exhibit 2 attached hereto and incorporated herein for all purposes, within ForeignTrade Zone No. 94.

WHEREAS, ZONE GRANTEE approves the use of the land and improvements withinthe zone site for foreign-trade zone activities and hereby authorizes ZONE SITE OPERATOR touse said land and improvements for foreign-trade zone activities upon the terms and conditionshereinafter set forth; and

WHEREAS, ZONE SITE OPERATOR, upon the terms and conditions herein set forthand in accordance with standards of operation required by the Bureau of Customs and BorderProtection and by the Board, desires to undertake the exclusive operation and management offoreign-trade zone activities within the Zone Site.

NOW, THEREFORE, the parties hereto, in consideration of the mutual agreementsherein contained and promises herein expressed, and for other good and valuable considerationacknowledged by each to be satisfactory and adequate, do hereby agree as follows:

EXHIBIT A

AMENDED FOREIGN-TRADE ZONE SITE OPERATIONS AGREEMENT WITH AC IMPORTS & EXPORTS AGENCY, INC.

SECTION 1. AUTHORITY GRANTED/ACCEPTED

1.1 Authority Granted - ZONE GRANTEE grants ZONE SITE OPERATOR authority toutilize and operate the AC Imports & Exports Agency, Inc. Zone Site as a foreign-trade zonesubject to the terms, conditions, agreements, and restrictions herein set forth, for the term hereofand for any extensions thereof. All operations in the Zone Site, Zone Site shall be in conformitywith the authority granted by the ZONE GRANTEE to the ZONE SITE OPERATOR.

1.2 Authority Accepted - ZONE SITE OPERATOR agrees to operate and manage theZone Site in accordance with the terms and conditions of this Agreement during the term hereof,and for any extensions thereof. All operations in the Zone Site shall be in conformity with theauthority granted by the ZONE GRANTEE to the ZONE SITE OPERATOR.

SECTION 2. STANDARDS OF OPERATION

2.1 ZONE SITE OPERATOR responsibility. ZONE SITE OPERATOR assumesresponsibility for the operation and management of the Zone Site for foreign-trade zonepurposes, and agrees to operate and manage the Zone Site in accordance with the terms andconditions of this Agreement during the term hereof, and for any extensions thereof. Alloperations shall be in conformity with the Statutes pertaining to, and regulations of, the Board,the Bureau of Customs and Border Protection, and any other applicable U.S. government agency,particularly the Foreign-Trade Zones Act, 19 U.S.C. 81a et seq., Foreign-Trade Zones BoardRegulations, 15 CFR Part 400, and Bureau of Customs and Border Protection Regulationspertaining to foreign-trade zones, 19 CFR Part 146, as these may be amended.

2.2 ZONE SITE OPERATOR Activity. ZONE SITE OPERATOR shall be responsiblefor scheduling of on-site inspections by Bureau of Customs and Border Protection personnel,preparing and retaining inventory records required by the Bureau of Customs and BorderProtection, conducting periodic analyses of operations, submitting of documents to the Bureau ofCustoms and Border Protection and U.S. Census Bureau as may be required and such otheractions as required by pertinent regulations. Any spot checks or audits by the Bureau of Customsand Border Protection shall be overseen by ZONE SITE OPERATOR. ZONE SITEOPERATOR shall manage and operate the Zone Site in accordance with the operationalrequirements of the Bureau of Customs and Border Protection, particularly Sections 146.4,146.21, and 146.23 of the Bureau of Customs and Border Protection Regulations pertaining toforeign-trade zones 19 CFR Part 146. ZONE SITE OPERATOR shall promptly notify ZONEGRANTEE of any investigation or audit announced by the Bureau of Customs and BorderProtection concerning Zone Site operations, and shall accompany said notification with copies ofrelevant documentation, and shall inform the ZONE GRANTEE of continuing developments.

2.3 Further Instruments and Actions of Operation - Each party shall deliver to the othersuch further instruments and take such further action as may be reasonably requested by the otherin order to carry out the provisions and purposes of this Agreement.

2


Without limiting the ZONE GRANTEE'S rights as provided herein, the partiesspecifically recognize that the ZONE GRANTEE is not obligated to, and does not intend to,monitor day-to-day activity of the AC Imports & Exports Agency, Inc., Zone Site and their shallbe no representation that the ZONE GRANTEE has any knowledge, actual or constructive, of thequantity, character, status, designation, identification, or time of admission, transfer or release ofgoods into or from the Zone Site and that any information is the representation solely of ZoneSite OPERATOR and not of the ZONE GRANTEE.

2.4 Right of Entry to Zone Site - Representatives of the ZONE GRANTEE, the Board,the Bureau of Customs and Border Protection, and other authorized U.S. government officers,shall have the right to enter the Zone Site for the purpose of examining the same, to confer withZONE SITE OPERATOR, and its agents, invitees, and employees, to inspect and checkoperations, supplies, equipment and merchandise, and to determine whether the Zone Site isbeing conducted in accordance with the Bureau of Customs and Border Protection Regulationsand Board Regulations established for the operation and management of same and as required bythis Agreement.

SECTION 3. RECORDKEEPING

3.1 Foreign-Trade Zones Board and Bureau of Customs and Border Protection Reports ZONE SITE OPERATOR shall submit to ZONE GRANTEE at the end of each calendar yearquarter reports containing data required by the Board and the Bureau of Customs and BorderProtection of the ZONE GRANTEE. All such reports shall be signed by the appropriate ZONESITE OPERATOR officials, certifying the accuracy of the reports. ZONE SITE OPERATORshall also prepare a narrative and submit photographs as required for the Annual Report to theBoard. All information shall be confidential except that which is required to be made public bythe ZONE GRANTEE, the Board, or the Bureau of Customs and Border Protection. Any and allprocedures manuals, computer programs, computer reports, and systems designs, collectively the"Systems" developed by ZONE SITE OPERATOR for Zone Site operations shall be the soleproperty of the ZONE SITE OPERATOR and shall not be disclosed to any entity except toZONE GRANTEE as provided below or a government entity as required by law. ZONE SITEOPERATOR shall be responsible for and provide a copy of any procedures manuals and periodicupdates thereof to the ZONE GRANTEE pertaining to foreign-trade zone operations.

3.2 Audits, Inspections, and Requests for Information - ZONE SITE OPERATOR shallpromptly notify ZONE GRANTEE of any reports requested by any government agency or of anyaudit or investigation commenced by any government agency which concerns Zone Siteoperations, and shall accompany such notification with copies of all requests, reports andinvestigative documentation. In addition, ZONE SITE OPERATOR shall submit to ZONEGRANTEE any other report that ZONE GRANTEE may reasonably require.

3

AMENDED FOREIGN·TRADE ZONE SITE OPERATIONS AGREEMENT WITH AC IMPORTS & EXPORTS AGENCY, INC.

ZONE GRANTEE reserves the right to conduct audits and inspection of ZONE SITEOPERATOR and the Zone Site regarding foreign-trade zone activities during regular businesshours.

3.3 Record Retention - All inventory and accounting records of ZONE SITEOPERATOR concerning Zone Site operations shall be retained for five (5) years after the act oroccurrence recorded or after the merchandise covered by such records has been forwarded fromthe Zone Site, whichever is longer, and all such records shall be available for inspection andaudit by any relevant government agency and by ZONE GRANTEE during regular businesshours.

SECTION 4. ADMINISTRATIVE CHARGES

4.1 Annual Foreign-Trade Zone Site Administrative and Activity Fees:

(1) Zone Site Operator shall pay the Zone Grantee an initial activation fee in theamount of two cents ($.02) per square foot of activated Foreign-Trade Zone space which fee shallbe submitted by Zone Site Operator together with documentation consisting of a site plan of thearea requested to be activated. The initial activation fee is a minimum of $500.00 (Five HundredDollars) and at no time exceeds $5,000.00 (Five Thousand Dollars).

(2) ZONE SITE OPERATOR shall pay the ZONE GRANTEE an annual administrativefee in the amount of three cents ($.03) per square foot of activated space on the first day of themonth following execution of this Agreement and on the anniversary date of each successiveyear during the term hereof and during any extensions thereof as a minimum fee for the servicesprovided by the ZONE GRANTEE.

(3) In addition, ZONE SITE OPERATOR shall pay to the ZONE GRANTEE an activityfee of $2.00 for each Customs Form 214 or 216 or their equivalents executed for the Zone Site.Said activity fee is due within 30 days of the end of each calendar year quarter during the term ofthis Agreement and during any extensions thereof. Said activity fee may be increased by theZONE GRANTEE five (5) years from the date of execution hereof and every five years thereafterby notice to ZONE SITE OPERATOR. In no event, shall ZONE GRANTEE increase theactivity fee by more than 50% of the fee existing during the previous five-year period.

4.2 Bureau of Customs and Border Protection and Foreign-Trade Zones BoardAdministrative Fees - ZONE SITE OPERATOR shall pay the full cost of all Bureau of Customsand Border Protection and Board administrative fees attributable to the Zone Site operations.The ZONE GRANTEE shall ask the Bureau of Customs and Border Protection and the Board tobill the ZONE SITE OPERATOR directly for the respective administrative fees attributable tothe Zone Site. If direct billing is not authorized, ZONE SITE OPERATOR shall immediatelyreimburse ZONE GRANTEE for all said fees in the amount determined by ZONE GRANTEE.Any future Board or Bureau of Customs and Border Protection Administrative Fees shall be paidsimilarly.

4


4.3 Bureau of Customs and Border Protection Bond and Expense - ZONE SITEOPERATOR shall pay the full cost of the bond required in the amount required by the Bureau ofCustoms and Border Protection and Zone Grantee for Zone Site operations.

4.4 Proration of Expenses - Should it become necessary to prorate the administrativefees referred to in paragraph 4.2 above among the various zone sites of the "Zone" due to theBureau of Customs and Border Protection refusal to allocate expenses to each Zone Site, ZONEGRANTEE shall prorate the amounts owed by ZONE SITE OPERATOR based on thepercentage of square feet of activated Zone Space of the Zone Site over the total square feet ofactivated Zone Space in the "Zone" as of the first day of the period for which the charges aremade, or based on any other equitable method as determined by the ZONE GRANTEE. In Suchevent, ZONE SITE OPERATOR shall reimburse ZONE GRANTEE for the amount paid byZONE GRANTEE as Bureau of Customs and Border Protection fees for the Zone Site.

SECTION 5. INDEMNIFICATION

ZONE SITE OPERATOR agrees to protect, indemnify and hold harmless, the ZONEGRANTEE and its City Council, officers, and employees from and against any and all actions,suits, proceedings, claims, demands, and Bureau of Customs and Border Protection penalties(including attorney's fees and court costs), whether insured or not, arising out of or incident toZone Site operations hereunder, including, but not limited to, actions, suits, proceedings, claims,demands, and Bureau of Customs and Border Protection penalties arising from Zone Siteoperations activities or use of the Zone Site.

In order to effectuate indemnity to ZONE GRANTEE for any claims above described,ZONE SITE OPERATOR shall acquire a Foreign-Trade Zone Grantee/Operator Back-To-BackBond in the amount of $100,000.00 payable to the ZONE GRANTEE in the event of any losssuffered by ZONE GRANTEE due to actions, suits, proceedings, claims, demands, or Bureau ofCustoms and Border Protection penalties arising from Zone Site operations. The amount of theindemnification bond herein shall in no way limit the ZONE SITE OPERATOR'S obligation forfull indemnification as provided in the previous paragraph.

SECTION 6. INSURANCE

ZONE SITE OPERATOR agrees to carry with an insurance company or companiesapproved by the ZONE GRANTEE and who are licensed to do business in the State of Texas,and keep in effect during the term of this Agreement, public liability insurance for the Zone Sitefor the benefit of the ZONE GRANTEE and with the ZONE GRANTEE, shown as an additionalname insured, including the obligation of the insurer to defend the ZONE GRANTEE, in anyaction covered by said insurance in amounts not less than ONE MILLION DOLLARS($1,000,000.00) for bodily injury per occurrence and ONE MILLION DOLLARS($1,000,000.00) for property damage per occurrence. ZONE SITE OPERATOR shall furnish the

5


ZONE GRANTEE, certification of such insurance which shall provide that coverage shall not becancelled without thirty (30) day written notice to the ZONE GRANTEE by registered orcertified mail. ZONE SITE OPERATOR shall promptly pay all such insurance premiums as andwhen the same become due.

SECTION 7. TERM

Unless terminated as herein provided, this Agreement shall become effective onJanuary 1,2009, and terminate on September 30,2009.

SECTION 8. ASSIGNMENT AND RECOGNITION OF SUCCESSOR

This Agreement shall not be assigned, unless prior approval is granted by the CityCouncil of the City of Laredo. In the event that approval is sought from the City of Laredo for aproposed assignment, the ZONE SITE OPERATOR shall provide notice of the proposed sale,sublease, or other change of interest to ZONE GRANTEE at least sixty days prior to date of CityCouncil action on the request for approval, and shall provide any and all information necessary toZONE GRANTEE'S consideration of the request.

In the event an assignment is approved by the City Council, any assignee of ZONE SITEOPERATOR'S interest in this Agreement shall assume all the rights and obligations of theZONE SITE OPERATOR and shall become a party to this Agreement upon approval of the CityCouncil.

The ZONE GRANTEE shall have the option and right to terminate this Agreement ifthere should be an assignment in violation of this Section.

SECTION 9. RIGHTS AND OBLIGATIONS OF PARTIES UPONTERMINATION

9.1 Termination by ZONE GRANTEE - In the event the ZONE GRANTEE for anyreason wishes to terminate its participation in foreign-trade zone activities, it may terminate thisAgreement by at least 180 days prior written notice delivered to ZONE SITE OPERATOR. Insuch event, ZONE SITE OPERATOR shall have the right, directly or through another entity, toassume the rights and obligations of the ZONE GRANTEE subject to the grant of the Board of aforeign-trade zone and necessary approval of any other governmental agency.

9.2 Termination upon default by ZONE SITE OPERATOR - If ZONE SITEOPERATOR shall default in performance of any covenant or provision herein, a plan ofperformance to correct such default shall be presented to ZONE GRANTEE within thirty (30)days of notice by ZONE GRANTEE to ZONE SITE OPERATOR of such default, and if suchplan is not timely presented or if such default is not cured as specified in the plan as approved byZONE GRANTEE, the ZONE GRANTEE may immediately terminate this Agreement. In suchevent, ZONE SITE OPERATOR shall immediately cease Zone Site operations in accordance

6


with Bureau of Customs and Border Protection and Board regulations and all powers of attorneygranted by ZONE GRANTEE shall cease.

9.3 Termination by ZONE SITE OPERATOR - ZONE SITE OPERATOR shall have theright, at any time, to terminate without cause this Agreement and all rights and obligationshereunder upon ninety (90) days prior written notice to ZONE GRANTEE. If no further foreigntrade zone activity will occur at the Zone Site, the final date of termination shall not occur beforethe Zone Site is deactivated pursuant to Bureau of Customs and Border Protection regulationsand to the satisfaction of the Bureau of Customs and Border Protection and ZONE GRANTEE.

9.4 Termination not to Release or Relieve the ZONE SITE OPERATOR of AccruedObligations: Survival - The ZONE SITE OPERATOR specifically acknowledges and agrees that,notwithstanding anything to the contrary contained herein upon termination or expiration of thisAgreement for any reason whatsoever, it shall not be released or relieved from fulfilling any andall of its obligations or duties which arose or accrued during the term hereof, and the ZONE SITEOPERATOR specifically represents and warrants to the ZONE GRANTEE that upon terminationor expiration of this Agreement for any reason whatsoever, the ZONE SITE OPERATOR shallcompletely perform and fulfill any and all of its obligations or duties, which arose or accruedduring the term of this Agreement. Specifically, the ZONE SITE OPERATOR agrees,represents, and warrants that its indemnity obligations under Section 5 and the Bond obligationsunder Section 4.3 hereof shall be effective during the Statute of Limitations period of the Bureauof Customs and Border Protection, the Board, and any other applicable agency.

9.5 Withdrawal of Grant - If the Foreign-Trade Zone Grant to the ZONE GRANTEEshall be revoked or cancelled, this Agreement shall terminate and ZONE SITE OPERATORshall have no claim against the ZONE GRANTEE by reason of such revocation or cancellation,and ZONE SITE OPERATOR shall have no further interest in the subject matter of thisAgreement.

SECTION 10. INDEPENDENT CONTRACTOR STATUS

The ZONE GRANTEE and ZONE SITE OPERATOR are not and shall not be consideredas joint venturers, partners, or agents of each other and neither shall have the power to bind orobligate the other except as set forth in paragraph 2.3 herein. The ZONE GRANTEE and ZONESITE OPERATOR agree not to represent to anyone that they are agents of one another or haveany authority to act on behalf of one another except as provided in paragraph 2.3 herein.

.SECTION 11. REPRESENTATIONS AND WARRANTIES

The ZONE GRANTEE makes no representations or warranties as to the particularprivileges and benefits which may accrue to ZONE SITE OPERATOR from foreign-trade zoneoperations at the Zone Site as those privileges and benefits may vary as a result of changes infederal law, determinations of the Board and the Bureau of Customs and Border Protection, and

7


operational decisions of ZONE SITE OPERATOR. The ZONE GRANTEE shall in no way beliable for any costs or losses sustained by ZONE SITE OPERATOR as a result of ZONE SITEOPERATOR'S use of the Zone Site.

SECTION 12. NOTICES

All notices to the ZONE GRANTEE shall be hand delivered or sent by certified mail,return receipt requested, addressed to:

City ManagerCity of LaredoP.O. Box 579Laredo, Texas 78042-0579

with a copy to: Foreign-Trade Zone No. 94Laredo International AirportOperations Manager5210 Bob Bullock LoopLaredo, Texas 78041

or at such other address as the ZONE GRANTEE designates in writing.

All notices to ZONE SITE OPERATOR shall be hand delivered or sent by certified mail,return receipt requested addressed to:

AC Imports & Exports Agency, inc.12014 Sara RoadLaredo, TX 78045

or at such other address as ZONE SITE OPERATOR designates in writing.

The date of delivery shall be the date of hand delivery or as evidenced by the postal returnreceipt.

SECTION 13. MISCELLANEOUS

13.1 Construction. This Agreement shall be governed by and construed in accordancewith the Foreign-Trade Zones Act, 19 U.S.C. Sections 81a et. seq., regulations adopted by theBoard thereunder, 15 CFR Part 400, and all amendments thereto, and the applicable laws of theState of Texas.

13.2 Counterparts. This Agreement may be executed in any number of counterparts,each of which, when so executed and delivered, shall be deemed an original, but suchcounterparts together shall constitute but one and the same Agreement.

S

AMENDED FOREIGN·TRADE ZONE SITE OPERAnONS AGREEMENT WITH AC IMPORTS & EXPORTS AGENCY, INC.

13.3 Further Instruments and Actions. Each party shall deliver such further instrumentsand take such further action as may be reasonably requested by the other in order to carry out theprovisions and purposes of this Agreement.

13.4 Headings. Headings and captions in this Agreement are solely for convenience ofreference and shall not affect its interpretation.

13.5 Integration. This Agreement is intended to set forth the precise relationshipbetween the parties hereto as to foreign-trade zone operations. This instrument contains theentire agreement of the parties as to foreign-trade zone operations, and no representations,inducements, promises, or agreements, oral or otherwise, not embodied herein shall be of anyforce or effect.

13.6 Severability. If any provision of this Agreement is declared void or ineffective, thatdeclaration will not affect the validity of any other provision of this Agreement.

13.7 Waiver. No failure of either party hereto to exercise any right or power given ithereunder, orto insist upon strict compliance by the other party of any obligation hereunder, andno custom or practice at variance with the terms hereof, shall constitute a waiver of the party'sright to demand exact compliance with the terms hereof.

13.8 Gender. All terms and words used in this Agreement, regardless of the number andgender in which they are used, shall be deemed and construed to include any other number,singular or plural, any other gender, masculine, feminine, or neuter, as the context or sense of thisAgreement or any paragraph or clause herein may require.

13.9 Amendment. This Agreement cannot be changed orally, but only by an Agreementin writing executed by all parties hereto, and incorporated herein.

SIGNED IN TRIPLICATE ORIGINALS on this the __ day of , 20_.

CITY OF LAREDO

BY: _CARLOS VILLARREALCITY MANAGER

ATTEST:

BY: _GUSTAVO GUEVARA, JR.CITY SECRETARY

9



By:~1Y/r~VALERIA M. ACEVEDOASSISTANT CITY ATTORNEY

10

..

MAR 28 1980

Mr. Peter H. VargasCity ManagerCi ty of LaredoCity HallP.O. Box 579Laredo, Texas 78042

Dear Mr. Vargas:

UNITED STATES DEPARTMENT OF COMMERCEThe Foreig"..Trede Zones Board

. Weshingcon. a.c. 20230

I am pleased to enclose a certified copy of Board Order 468approving the City's application to expand Foreign-Trade Zone 94in Laredo, Texas.

Please accept our best wishes for the expanded zone.

Sincerely,

~.

. 'J.- ..~~i J: Da.o,nte, J'r.~utl.ve Secretary

Enc'losure

EXHIlI'lT. 1PAGE 1 OF 3

-2-

NOW, THEREFORE, the Board hereby orders:

That the grantee is authorized to expand its zone in,

accordance with the application filed April 28, 1989, sUbject to a

SOO-acre activation limit at each each of the two expansion

sites. The grant does not include authority for manufacturing

operations, and the Grantee shall notify the Board for approval

prior to the commencement of any manufacturing or assembly

operations. The authority given in this Order is sUbject to

settlement locally by the District Director of Customs and the

District Army Engineer =ega~ding compliance with their respective

requirements relating to foreign-trade zones.

Signed at Washington, D.C., this 26th day of _---.!.H~a~r:..:c~h:.:..... _

1990.

Lisa ~.~K ~. -Acting Assistant Secretary of Commerce, for Import Administration

Chairman, Committee of AlternatesForeign-Trade Zones Board

A true copy 01 ririginal

EXHIBIT 1PAGE 3 OF 3

KKILLANIFTZ Corporation

November 12, 2008

4320 University BoulevardP.O. Box 499Laredo. Texas 78042

PhoneFaxe-mailWebsite

956.724.7141956.724-2546

[email protected]

Mr. Humberto GarzaAirport Operations ManagerCity ofLaredo- Laredo International Airport5210 Bob Bullock Loop, Bldg. #132Laredo, Texas 78041-8801

Re: General-Purpose Foreign-Trade Zone No. 94, Site 3A.C. Imports & Exports Agency, Inc.12014 Sara Rd.Laredo, TexasRequest for Activation Concurrence

Dear Mr. Garza:

As property owner ofForeign-Trade Zone No. 94, Site 3, we are confirming that thefacility consisting ofone building located on Lot 2, Blk 4, Killam Industrial Park, Unit VII,in Laredg,_Texa , i "thin the existing foreign-trade zone. We understand thatA. ports & Ex rts Agency, Inc. is in the process of activating this facility.

cc: Adolfo Campero

EXHIBIT 2

DATE:

12-1-08

COUNCIL COMMUNICATIONSUBJECT: INTRODUCTION OF AN ORDINANCEAuthorizing the City Manager to execute a Vending Machine Concession andLease Agreement with Villa Laredo for the purpose of operating a vendingmachine concession located at the 2nd Floor Departure Lounge at 5210 BobBullock Loop at the Laredo International Airport. Lese term is for five (5) yearscommencing on January 1, 2009, and ending on December 31, 2014. Theminimum annual rent guarantee is $3,620.00 payable in twelve (12) monthlyinstallments; providing for effective date.

INITIATED BY: Jesus M. OlivaresAssistant City Manager

PREVIOUS COUNCIL ACTION: None.


BACKGROUND: On October 17,18, and 19, 2008, a public notice was published in the LaredoMorning Times soliciting bids. And on October 29, 2008, the City of Laredo received a sole bidfrom Villa Laredo Restaurant, airport tenant, meeting all requirements. Having a vending machineroom with refreshments and snacks will enhance customer service.

The initial/ temporary leased/concession premises shall consist of the approximate 550 squarefeet known as the former Margarita's Gift Shop located on the second floor. Lessee agrees torelocate its vending machine concession upon receipt of a thirty (30) written notice to that spaceconsisting of the approximate 300 square feet located adjacent to the initial/ temporary premises.

An additional fee of $50.00 per month will be charged to Lessee for each additional vendingmachine added to the premises in excess of six (6) units.

Lessee shall install, operate, and maintain a Lease and Vending Machine Retail Concessionoperation in a professional manner and at minimum provide the following products: Sodas toinclude colas and flavored drinks, water, vitamin water, energy/power non alcoholic drinks, coffeeand juices. Snacks consisting of candy, cookies, chips, sandwiches and other snack food. Allvending machines shall have the capability to accept coins and dollar bills. Lessee shall installand maintain a coin change machine, keep a minimum of $50.00 in quarters and monitor on adaily basis to ensure that the machine contains a minimum of $50.00 in quarters.

The vending machines shall be new, generic, non-brand units and the maximum number ofvending machines shall not exceed six (6).

(Continued on Page 2)

FINANCIAL IMPACT:Revenue Account No. 242-0000-361-3008 Vending Machines

$3,620.00 minimum annual rent

COMMITTEE RECOMMENDATION:On November 18, 2008, 2008, the AirportAdvisory Committee considered this item andrecommends approval.

STAFF RECOMMENDATION:Approval of this Ordinance.

BACKGROUND: (Cant.)Page 2

Employee trained personnel, who shall be clean, courteous, efficient, and neat inappearance and be available daily at the passenger terminal at minimum thirty (30)minutes before each departure until last departure to stock and service the vendingmachines.

Stock the vending machines with quality products at reasonable prices to the public.The price of the vending items sold at the airport shall not exceed the prices for thesame or similar goods sold at Mall Del Norte Vending machines.

AN ORDINANCE

AUTHORIZING THE CITY MANAGER TO EXECUTE AVENDING MACHINE CONCESSION AND LEASEAGREEMENT WITH VILLA LAREDO FOR THE PURPOSE OFOPERATING A VENDING MACHINE CONCESSIONLOCATED AT THE 2ND FLOOR DEPARTURE LOUNGE AT5210 BOB BULLOCK LOOP AT THE LAREDOINTERNATIONAL AIRPORT;1. LEASE TERM IS FOR FIVE (5) YEARS COMMENCINGON JANUARY 1, 2009, AND ENDING ONDECEMBER 31, 2014.2. THE MINIMUM ANNUAL RENT GUARANTEE IS$3,620.00 PAYABLE IN TWELVE (12) MONTHLYINSTALLMENTS; PROVIDING FOR EFFECTIVE DATE.

WHEREAS, the Airport Manager recommends that the City Council approve theproposed Vending Machine Concession and Lease between the City of Laredo, asLESSOR, and Villa Laredo Restaurant as CONCESSIONAIRE, for the purpose ofoperating a Vending Machine Concession located at the 2nd Floor Departure Lounge at5210 Bob Bullock Loop at the Laredo International Airport, as a contract and infurtherance ofthe development ofthe Laredo International Airport and as a support to themaintenance and operation ofthe Laredo International Airport;

WHEREAS, the Airport Advisory Committee finds that said lease is in the bestinterest of the Airport and recommends that the City Council approve the proposed lease;and



Section 1: The City Manager be hereby authorized to execute a Vending MachineConcession and Lease between the City of Laredo, as LESSOR, and Villa LaredoRestaurant as CONCESSIONAIRE, for the purpose of operating a Vending MachineConcession located at the 2nd Floor Departure Lounge at 5210 Bob Bullock Loop at theLaredo International Airport, a copy of which lease is attached hereto as Exhibit A, andincorporated herein as if set out at length for all intents and purposes.


Page lof2

AN ORDINANCE AUTHORIZING A VENDING MACHINE CONCESSION AND LEASE WITH VILLA LAREDORESTAURANT

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ONTHIS THE DAY OF ,20_.


ATTEST:



BY~fflt~VALERIA M. ACEVEDOASSISTANT CITY ATTORNEY

Page 2 of2

STATE OF TEXAS )(

COUNTY OF WEBB )(

THIS AGREEMENT, made and entered into this _ day of , 2008, byand between the CITY OF LAREDO, a home rule municipality in the County of Webb, State ofTexas (hereinafter a "CITY"), and Carlos Bella d/b/a Villa Laredo Restaurant (hereinafter called"CONCESSIONAIRE").

WIT N E SSE T H:

WHEREAS, CITY operates an airport known as the Laredo International Airport whichis located in the City of Laredo, County of Webb, State of Texas, which is hereinafter called"Airport"; and,

WHEREAS, CITY desires CONCESSIONAIRE'S services at the Airport, andCONCESSIONAIRE is qualified to perform said services and to furnish facilities for use inconnection therewith;

NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants andagreements herein contained, CITY and CONCESSIONAIRE do hereby undertake, promise andagree, each for itself and its successors and assigns as follows:

1. DESCRIPTION OF TEMPORARY LEASED/CONCESSION PREMISES

CITY hereby leases, demises, and lets unto CONCESSIONAIRE, andCONCESSIONAIRE hereby leases and takes from CITY, certain Airport building spaceconsisting of the initial/temporary leased / concession premises consisting ofapproximately 550 square feet known as the former Margarita's Gif Shop located on thesecond (l51) floor, in the southern portion of the terminal building of the LaredoInternational Airport, which address is 5210 Bob Bullock Loop, located on Lot 1, Block 1of the Laredo International Airport Passenger Terminal Subdivision Plat and recorded inVol. 16, Pages 45-47 of the Webb County property records, and as shown in Exhibit "A",attached hereto and made a part hereof, hereinafter referred to as the "leased premises",for only the uses and purposes set forth herein.

CONCESSIONAIRE agrees to relocate its vending machine concession upon receipt ofthirty (30) day written notice from the City of Laredo to do so. The relocation is to thatspace consisting of the approxmate 300 square feet located adjacent to the initial /temporary premises on the second floor of the Airport Passenger Terminal depicted onExhibit "B" attached hereto. The term of the concession agreement and the rent amountshall not be affected by the planned relocation.

Access to the leased premises is limited to ticketed passengers, authorized airport!airline/Transportation Security Administration (TSA) and vendor's approved personnel.

EXHIBIT A

VENDING MACHINE CONCESSION AND LEASE WITH VILLA LAREDO RESTAURANT

2. TERM OF AGREEMENT

Subject to earlier termination as provided hereinafter, this Agreement shall be for five (5)years commencing on January 1,2009, and ending on December 31, 2014.

3. CONCESSION RIGHTS AND USES GRANTED

A. Concession Grant

Subject to the limitations, terms, and conditions herein contained inthis Agreement, CITY grants to CONCESSIONAIRE the non-exclusive right toinstall, maintain and operate a vending machine concession at the Airport fromCONCESSIONAIRE'S leased premises where CONCESSIONAIRE may carry instock, display, offer for sale, sell, receive and deliver only herein specified foodand beverage items (all hereinafter called "vending machine merchandise") for thepublic in areas designated in Exhibit A and no other kind of merchandise.

B. Specified Vending Machine Merchandise

1. All vending machine merchandise subject to the grantherein must fall within one of the following (4) categories:

a. Packaged snacks (e.g., chips, candies, cookies, gum and mISC.sundry items);

b. Prepared ColdlPackaged items (e.g., sandwiches, coldcuts and delicatessen specialties);

c. Soft Drinks (e.g., canned or bottled carbonatedand non-carbonated drinks, bottled water, and flavored drinks toinclude natural and artificial flavored drinks.);

d. Hot Drinks including coffee and other related items which arecustomarily offered for sale in airport and/or transportationfacilities.

2. CONCESSIONAIRE may be granted the right to sell additionalvending machine merchandise from time to time pursuant to thisAgreement only if such specific items are approved in writing by theAirport Manager.

2


C. Signs

CONCESSIONAIRE is hereby granted the right to install, operate,and maintain signs on the leased premises for the purpose of identifying theCONCESSIONAIRE provided the number, size, location, general type, anddesign of said signs and the method of installation shall have received the priorwritten approval of the Airport Manager prior to installation or modification. Allsigns shall be in accordance with the Airport's Tenants Signage Standards asshown on Exhibit "B".

D. Ingress and Egress

CITY grants to CONCESSIONAIRE, its officers, employees, agents,servants, patrons, invitees, suppliers of service, and furnishers of materials thenon-exclusive right, to be exercised as set forth here, of ingress and egress to theAirport for the sole purpose of gaining access to CONCESSIONAIRE'S leasedpremises. Said right is subject to the rules, regulations, applicable laws, codes,ordinances, policies and procedures relating to the use and operation of theAirport, and subject further at all times to the Airport Manager's approval andcontrol. Provided further, such right may not cause damage to or interfere withthe operation or maintenance of any part of the Airport or with any other tenant'soperation.

4. RIGHTS AND USES NOT GRANTED

A. Other Uses Prohibited

All rights and uses of the leased premises or the Airport not expresslyauthorized by this Agreement are prohibited. CONCESSIONAIRE shall notengage in any business, sell any merchandise, perform any service or activity onthe leased premises or anywhere at the Airport other than those activitiesspecifically authorized and contemplated under the terms of this Agreement.

B. Specific Rights and Uses Not Granted

Without diminishing or limiting subsection (A) above, thisAgreement specifically does not give CONCESSIONAIRE the right to engage inthe following activities at the leased premises or anywhere at the airport or use thesaid premises in any of the following ways:

1. To install, operate or sell vending or other coin operatedmachines including coin-operated telephones, stamp machines, televisionsets, radios, video games, or other amusement devices.

3


5. RIGHTS RESERVED BY CITY

A. Right to Close Right of Ways

CITY may, at any time, temporarily or permanently close, consent to or requestthe closing of rights ofway for access, ingress or egress, whether inside or outside

the Airport terminal building, and any other area the Airport, in its environspresently or hereafter used as such, so long as a means ofaccess, ingress andegress reasonably equivalent to that formerly provided is substituted thereforeand is concurrently made available therefore. CONCESSIONAIREunderstands and agrees that there may be inconveniences caused by constructionor renovations ofthe Airport and CONCESSIONAIRE hereby releases anddischarges CITY from any and all claims, demands or causes of action which itnow or at any time hereafter may have against CITY arising or alleged to arise ofthe closing ofany right ofway or other area used a such whether within theAirport, so long as CITY makes available a means ofaccess, ingress and egressreasonably equivalent to that existing prior to each such modification.

B. Option to terminate for Federal Aid

All rights, privileges, or interests acquired by the CONCESSIONAIRE under theterms of this Agreement may, at the option of CITY, following written notice ofthirty (30) days, be suspended or finally terminated if such suspension ortermination is found by the CITY, acting in good faith, to be necessary to securefederal financial aid for the development and improvement of the Airport.

c. City Right of Access

The Airport Manager, or such person or persons as may be designated by him/her,shall have the right, at any and all reasonable hours, to enter upon the leasedpremises of CONCESSIONAIRE for the purpose and to the extent necessary toprotect CITY'S rights and interest, to examine and inspect the Airport for Airportrepairs or modifications, to provide for periodic inspections of the leased premisesfrom the standpoint of safety and health, and to check CONCESSIONAIRE'Scompliance with the terms ofthis Agreement.

D. Sale of Specific Products

1. CITY reserves the right in its sole discretion to require theCONCESSIONAIRE to stock and sell specific products other than theproducts CONCESSIONAIRE ordinarily or customarily stocks.

4


2. CITY reserves the right in its sole discretion to prohibitCONCESSIONAIRE from displaying specific items or merchandise whichmay be controversial, disruptive or unwholesome to the peace andtranquility of the Airport or which may be inappropriate for display tochildren.

3. In the event of any question or dispute arises at to the sale of anyspecific item on the leased premises, CONCESSIONAIRE may submit a requestin writing from the Airport Manager asking that the matter be reviewed. TheAirport Manager shall give a decision in writing and such determination shall beconsidered as final and binding in the matter. CONCESSIONAIRE shall abide byand conform to the decision of the Airport Manager.

F. Right of Utility Easement

CITY reserves the right for itself and others to existing utility easements over,under or across the leased premises, to grant necessary utility easements therefore,provided in the exercise of such rights it shall not unreasonably interfere withimprovements caused by CONCESSIONAIRE'S use of the leased premises, andthat it shall repair any damage to the leased premises and leasehold improvementscaused by CITY as a result of the exercise of such reserved rights.

6. OBLIGATIONS OF CONCESSIONAIRE

A. General Construction

CONCESSIONAIRE agrees to operate, manage, and maintain at its sole cost,approved vending machines in the leased premises. The prior written approval ofthe Airport Manager for the plans and specifications for the modification of saidvending machines must be obtained before any modification/construction is begun.

B. Trade Fixtures

All non-affixed items, including dispensing/vending machines, cash registers, safes,racks, shelving, showcases, and other display fixtures are referred to herein as "tradefixtures".

C. Approval of Plans and Specifications

(1) Any fixed improvements to be made to or upon the leased premises byCONCESSIONAIRE (and any subsequent alterations or additions to fixedimprovements), and racks, shelving, showcases, and other display fixtures,shall be subject to the prior written approval of the Airport Manager. Full andcomplete plans and specifications for all work, facilities, and improvements,

5


and the time required to complete same, shall be submitted to and receive thewritten approval of the Airport Manager before work or construction iscommenced. First-class standards of design and construction will be requiredin connection with all such work, facilities, improvements, and trade fixtures.All construction shall conform with Airport's Tenants Signage Standards asshown in Exhibit "B".

(2) All improvements, equipment, furnishings, and fixtures, including the plansand specifications therefore, constructed or installed by CONCESSIONAIRE,its agents or contractors, shall conform in all respects to applicable statutes,ordinances, building codes, and rules and regulations. The approval given bythe Airport Manager shall not constitute a representation or warranty as tosuch conformity; responsibility, therefore, shall at all times remain inCONCESSIONAIRE.

(3) Five (5) copies of plans for all improvements or subsequent changes therein oralterations thereof shall be given to the Airport Manager for review prior tocommencement of construction; after final approval by the Airport Manager,he/she shall return to CONCESSIONAIRE one (1) approved copy forConcessionaire's records and shall retain one (1) approved copy as an officialrecord thereof.

(4) Upon completion of all work, CONCESSIONAIRE shall provide the AirportManager with two (2) completed sets of as-built drawings.CONCESSIONAIRE agrees that, upon the request of the Airport ManagerCONCESSIONAIRE will inspect the premises jointly with CITY personnelto verify the as-built drawings.

D. Time Schedule

(1) Plans and Specifications for modifications/improvements shall be submittedby CONCESSIONAIRE to the Airport Manager for approval within twenty(20) days after the execution of this Agreement. If said plans andspecifications do not meet with the approval of the Airport Manager within ten(10) days from receipt of same, CONCESSIONAIRE shall have ten (10)additional days thereafter within which to submit revised plans andspecifications for approval. The Airport Manager shall, within ten (10) daysof receipt of any subsequent plans and specifications, either approve ordisapprove the plans and specifications so submitted with specifics. Approvalby the Airport Manager shall extend to and include architectural and aestheticmatters and CITY reserves the right to reject any designs submitted and torequire CONCESSIONAIRE to resubmit designs and layout proposals untilthey meet the Airport Manager's approval.

6


modifications and reVISIons thereof The Airport Manager shall notunreasonably withhold or delay such approval. No changes or alterations shallbe made in said plans or specifications after initial approval by the AirportManager, and no structural alterations or improvements shall be made to orupon the leased premises without the prior written approval of the AirportManager. The Airport Manager agrees to act promptly upon such plans andspecifications and upon requests for approval of changes or alterations in saidplans and specifications.

E. Title

All modificationslimprovements made to the leased premises and additions andalterations thereto made upon the leased premises by CONCESSIONAIRE shallremain the property ofthe CONCESSIONAIRE until the termination ofthisAgreement (whether by expiration of the term, cancellation, forfeiture, orotherwise), at which time fixed improvements shall become the property of CITY,unless CITY exercises its option to have CONCESSIONAIRE remove saidequipment.

F. Replacement or Removal

CONCESSIONAIRE shall not replace or remove, in whole or in part, anyelements of the leasehold improvements and trade fixtures in the leased premiseswithout the prior written consent of The Airport Manager who may, at his/herdiscretion, condition such consent upon the obligation of CONCESSIONAIRE toreplace the same by an improvement specified in such consent.

G. Alterations

CONCESSIONAIRE shall not make any structural alterations to the Airportterminal building without the prior written consent of The Airport Manager. If anysuch alterations are permitted, CONCESSIONAIRE shall pay all costs inconnection therewith, including the restoration of the leased premises to thecondition which existed prior to the making of such alterations by concessionaire,provided such restoration is demanded by CITY.

H. Conduct of Concession Operations

CONCESSIONAIRE shall conduct its concession operations in a first-classmanner and in accordance with the highest standards for similar operations at otherair terminals and in the region. The service shall be prompt, clean, courteous, andefficient. CONCESSIONAIRE shall maintain its leased premises at all times in asafe, clean, orderly, and inviting condition, to the reasonable satisfaction of theAirport Manager.

7


at all times in a safe, clean, orderly, and inviting condition, to the reasonablesatisfaction of the Airport Manager.

I. Quality of Goods/Merchandise - Prices

(l) It is specifically stipulated and agreed by and between CITYand CONCESSIONAIRE, with reference to the goods, services andmerchandise sold by CONCESSIONAIRE to the public using the facilitiesof the Airport, that CONCESSIONAIRE will at all times maintain adegree of quality and quantity comparable to similar operations in airportsof comparable size and standards throughout the United States.

(2) Prices charged by CONCESSIONAIRE for goods, services,and merchandise shall not exceed the prices charged for similar offeringsat vending machines at Mall Del Norte for comparable items.

(3) All goods, services, and merchandise sold or offered for sale byCONCESSIONAIRE must conform in all respects to federal, state, andmunicipal laws, ordinances, and regulations to include health codes.

(4) CONCESSIONAIRE agrees that it will furnish the CITY witha complete inventory of all merchandise which is offered oravailable for sale under this Agreement. The inventory shall beupdated as items or products are added, deleted or substituted, and theCITY shall at all times be entitled to a current accurate inventory. Anysuch addition, deletion or substitution shall not, result in a decrease orreduction of the overall quantity, standard or variety of merchandiseavailable for sale by the CONCESSIONAIRE. The City's AirportManager shall have the right to determine if there has been such a decreaseor reduction.

(5) CONCESSIONAIRE agrees to implement a pricing policywhich will ensure that all merchandise available for sale will besold to the traveling public and other consumers at reasonable, competitiveprices. CONCESSIONAIRE further agrees to furnish the CITY with acurrent accurate price list of all merchandise available for sale by theCONCESSIONAIRE. The City's Airport Manager shall have the right todetermine if the prices charged by the CONCESSIONAIRE are reasonableand competitive.

J. Hours of Operation

CONCESSIONAIRE shall observe and comply with the following mInImUmrequirements as relating to hours of concession operations at the Airport: (1)Adequate services to meet public demand are to be maintained in the terminal

8


building at least thirty (30) minutes prior to the first aircraft departure to thirty(30) minutes after the last aircraft arrival, each day, seven (7) days per week; (2)These hours of operation are subject to adjustment upon three (3) days' writtennotice by the Airport Manager to the CONCESSIONAIRE if changes in airlineschedules require the modification of the hours.

K. Furnishings, Fixtures, and Equipment

Except as otherwise specifically provided herein, CONCESSIONAIRE shallfurnish, install, and maintain at its cost all furnishings, fixtures, and equipmentnecessary to equip and operate the various facets of the concession in the mannerand at the highest standards. Such furnishings and fixtures shall be of high quality,safe, fire-resistant, modem in design, and attractive in appearance. Any and allnew furnishings, fixtures, and equipment and/or replacements installed or placedby concessionaire in its leased premises shall be subject to the prior approval ofthe Airport Manager.

L. Personnel

CONCESSIONAIRE shall at all times provide a full-time, active, qualified,competent, and experienced manager to supervise the concession operations andotherwise to represent and act for the CONCESSIONAIRE in matters pertainingto the day-by-day operation of the concession. CONCESSIONAIRE'S employeesshall be clean, courteous, efficient, and neat in appearance. CONCESSIONAIREshall not employ any person or persons in or about the CONCESSIONAIRE'Sleased premises who use improper language or act in a loud or boisterous orotherwise improper manner. Upon written notification by the Airport Manager toCONCESSIONAIRE that any person employed by concessionaire at the Airportis, in CITY'S opinion, disorderly, unsanitary, or otherwise unsatisfactory,CONCESSIONAIRE shall take corrective action within twenty-four (24) hoursand shall inform the Airport Manager, in writing, of such action.

M. Licenses, Permits, Franchises, Taxes

CONCESSIONAIRE shall bear, at its own expense, all costs of operating thevending machine concession and shall obtain and pay for all permits, franchises,approvals, licenses, certificates and other authorizations required by law andnecessary for the legal and proper operation of the lease and concession herebygranted, and shall pay all lawful fees, assessments, taxes, and charges levied understate, federal or local laws, statutes, ordinances or other forms of regulatorymeasures insofar as they are applicable against CONCESSIONAIRE, itsoperations, or the furnishings, equipment, stocks of merchandise or supplies onthe leased premises.

9


N. Compliance with Laws, Regulation, Ordinances, Rules

CONCESSIONAIRE shall at all times comply with applicable Federal, State, andLocal laws and regulations, all applicable health rules and regulations, allapplicable ordinances of the City of Laredo and the County of Webb, and the rulesand regulations governing the operation, use, and control of Laredo InternationalAirport as an airport.

O. Utility Services

CITY shall provide standard electric service to concessionaire. Payment for thisservice is included in the percentage of rental fees in section 8(A) hereof.CONCESSIONAIRE shall pay for all other utility services used by it at the publicutility rates applicable for such services in the Laredo metropolitan area ifCONCESSIONAIRE requires extraordinary electrical power requirements.

CONCESSIONAIRE waives any and all claims against city for any and all loss ordamage sustained by reason of any defect, deficiency. or impairment of any utilitysystem. All installation of electrical fixtures, appliances and equipment within thePremises in the Airport terminal shall be subject to the Airport Manager's priorwritten approval, and CONCESSIONAIRE further agrees that it's use of electriccurrent shall never exceed the capacity of the wiring installation in place.

P. Maintenance of Concessionaire's Premises

(1 ) Routine Maintenance

CONCESSIONAIRE agrees to assume full responsibility for themaintenance, at its own cost, of the leased premises, it being expresslyunderstood that CITY will provide only for major maintenance and repairsto the building structure. CONCESSIONAIRE has inspected the leasedpremises prior to the execution of this Agreement and is satisfied with thephysical condition of the leased premises, and its taking possession thereofis agreed to be conclusive evidence of its receipt of the leased premises ingood order and repair. CONCESSIONAIRE agrees to faithfully and fullymaintain leased premises in good order and repair throughout the entireterm of this Agreement or any extension hereof. CONCESSIONAIREfurther agrees that upon the termination of this Agreement for any reason,it shall, except as otherwise provided in sections 15 and 20 hereof, restorethe leased premises to the same condition as when received, reasonableand ordinary wear and tear excepted. If the leased premises shall not be sokept by CONCESSIONAIRE, CITY may enter the leased premises

10


(without such entering causing or constituting a termination of thisAgreement or any interference with the possession of the leased premisesby the CONCESSIONAIRE) and do all things necessary to restore theleased premises to the condition required by this Agreement, charging thecost and expense to CONCESSIONAIRE; and concessionaire shall pay toCITY all such costs and expenses in addition to the rentals, fees, andcharges herein provided.

(2) Custodial Responsibilities

CONCESSIONAIRE shall, at its own costs and expense, provide custodialservices within the leased premises, including sweeping, cleaning, andwaxing floors; dusting and washing of interior window surfaces.CONCESSIONAIRE shall be responsible, at its own cost, for themaintenance and repair of all lighting fixtures within the leased premises,including the replacement of incandescent and fluorescent lamps, starters,ballasts, and other similar appurtenances. CONCESSIONAIRE shall keepthe leased premises free from flies, roaches, and other insects, and rodents.CONCESSIONAIRE shall not permit the accumulation of rubbish, trash,debris, or other litter in and upon the leased premises and shall, at its ownexpense, provide for the disposal of such items in the trash dumpsterprovided by CITY for all terminal building tenants, and city will beresponsible for the removal of rubbish, trash, debris, or other litter fromthe Airport premises. CONCESSIONAIRE shall provide and use suitablereceptacles for all garbage, trash, and other refuse on or in connection withthe leased premises. Piling of boxes, cartons, barrels, or other similar itemsin or about the leased premises, the loading/unloading areas, or other areasof the Airport, is forbidden.

Q. Employee Parking

Concessionaire will cause its employees in the parking and movingof company as well as personal cars to abide by and obey all Airport rules,regulations, and directions pertaining thereto, and will ensure its employees parkprivate vehicles only in a parking area as designated by lessor. Employee's whoviolate Airport rules and regulations will have parking privileges revoked.

General Public Parking Lot

LESSEE'S vehicles remaining in the General Public Parking lot past midnightshall be assessed a fifteen dollars ($15.00) per vehicle per day charge. LESSORshall on a daily basis inventory the General Public Parking Lot to determine thenumber of LESSEE'S vehicles parked in the General Public Parking Lot.LESSOR shall maintain a daily log noting LESSEE'S vehicles to include make,

11


model, and license plate number and shall remit request for payment to LESSEEmonthly.

Parking Charges for Employees

LESSEE will be assessed an employee parking permit fee of fifteen dollars($15.00) per employee per vehicle per day. Such fee will be waived so long asLESSEE'S employees park within an approved parking area as determined by theAirport Manager or his designee. Should LESSEE'S employees parking in anyunapproved areas of the Airport, LESSEE will be assessed the parking charges inaccordance with the above-mentioned fee. It shall be LESSEE'S responsibility toinsure compliance if LESSEE seeks to have the employee parking fee waived.

7. SERVICES TO BE PERFORMED BY CITY

A. Unless otherwise limited by Federal or State statutes, executive order, rules, orregulation, CITY shall at its cost, furnish ordinary air conditioning and heat forCONCESSIONAIRE'S leased premises.

B. Subject to the provisions of section (6)(P) hereof, CITY shall furnish electriccurrent to existing outlets in CONCESSIONAIRE'S leased premises.

C. CITY shall throughout the term hereof, maintain all public areas and facilities,passageways, and access areas in the airport terminal building in a neat andadequate condition to allow access to concessionaire's leased premises.

8. FEES, CHARGES, ACCOUNTING RECORDS AND REPORTS

A. Annual Guarantee.

For the rights and privileges set forth herein, for the period commencing with theterm commencement date, and ending twelve (12) months thereafter,CONCESSIONAIRE agrees to pay CITY on or before the first day of each month,the minimum annual guarantee of Three Thousand and Six Hundred and TwentyDollars Dollars ($3,620.00) to be paid in twelve (12) equal monthly installments ofThree Hundred and One Dollars and Sixty Six Cents ($301.66).

CONCESSIONAIRE shall pay an additional fee of Fifty Dollars ($50.00) per monthfor each additional vending machine added to the premises in excess of six (6)units. The additonal Fity Dollars ($50.00) per machine will be added to theminimum annual guarantee. The coin change machine is not included in thevending machine count and is exempt from paying a concession fee.

12


B. Payment Terms

All remittances for rentals, fees, and charges are to be made payable tothe Laredo International Airport and remitted to the Office of theAirport Manager, 5210 Bob Bullock Loop, Laredo, Texas 78041.

C. Delinquent Charges or Fees

(1) CONCESSIONAIRE shall be responsible for payment of interest and penaltyon amounts not remitted in accordance with the terms of this Agreement oramounts determined to be due and owing to CITY.

(2) Interest

Interest on all past due amounts due the CITY shall be charged at the lawfullegal rate, as may be amended. The obligations for payment and calculationsthereof shall commence upon the day following the due date establishedherein. In addition to interest described above, CONCESSIONAIRE may beresponsible for payment of penalty on amounts not remitted in accordancewith the terms of this Agreement as may be determined by the AirportManager or his designee. Said penalty shall be ten percent (10%) of theamount then due. The obligation for payment and calculation thereof shallcommence upon the day following the due dates established herein.

(3) Nonexclusivity

This provision permitting collection of interest and penalty by CITY ondelinquent payments is not to be considered CITY'S exclusive remedy forCONCESSIONAIRE'S default or breach with respect to delinquent payment.The exercise of this remedy is not a waiver by CITY of any other remedypermitted under the Agreement, including but not limited to termination ofthis Agreement.

D. Additional Fees and Charges

CONCESSIONAIRE shall pay to CITY additional fees and charges under thefollowing conditions:

(1) If CITY has paid any sum or sums or has incurred any obligation or expensewhich CONCESSIONAIRE agreed to payor to reimburse CITY; or

(2) If CITY is required or elects to pay any sum or sums or incurs any obligationsor expense because of the failure, neglect, or refusal of CONCESSIONAIREto perform or fulfill any of the conditions of this Agreement.

13


9. INDEMNITY

CONCESSIONAIRE hereby declares itself fully familiar with the physical condition of theleased premises "as is" and any improvements, fixtures and equipment that may be leasedherein, and declares that said premises were in good condition when possession of samewas accepted and that there were no latent defects in the facilities as those facilities aredeemed vital to the use of the premises for their intended commercial purpose.

CONCESSIONAIRE for itself, its agents, employees, servants, successors and assignspromises to hold harmless, defend and indemnify CITY and its agents, officers andemployees from and against any and all claims by or on behalf of any person, whether legalor equitable or by reason of statutory benefits under worker's compensation laws, includinggovernmental bodies, arising from the conduct or management of or from any work or thingdone and from any conditions of the leased premises or the buildings or other structures,sidewalks, driveways, or parking areas and facilities surrounding the leased premises or anystreet, curb, or sidewalk adjoining thereon, and from all costs, attorney's fees, witness fees,expenses and liabilities incurred in or about any such claim or action or proceedingbrought thereon; except any and all actions or proceedings arising out of the sole negligenceor willful act of CITY, its employees, agents, or representatives from which CITY shallindemnify and hold CONCESSIONAIRE harmless; and in the event that any action orproceeding brought against the CITY by reason of such claim, the CONCESSIONAIREupon notice from the CITY covenants to resist and defend such actions or proceedings.

CONCESSIONAIRE agrees for itself, its agents, servants, employees, invitees, successorsand assigns that it will not bring suit against CITY or assign any cause of action resultingfrom accident, fire, noise, or disturbance from the operation, maintenance, accident, crash,or crash landing of any airplane in the Laredo International Airport area or in the vicinity ofthe 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 CITY, itsemployees, agents, or representatives.

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

10. INSURANCE

A. CONCESSIONAIRE agrees to evidence and maintain proof offinancial responsibility to cover costs and liabilities as may arise fromconcessionaire activities. Such evidence shall include minimum lawful insurancecoverage for Worker's Compensation claims as required by the State of Texas,including Employers Liability, and Business Insurance covering general liabilityand automobile coverage in the following minimum amounts:

14


Workers CompensationComprehensive General LiabilityPublic LiabilityBodily InjuryProperty DamageGeneral AggregateVehicle Liability

Statutory$500,000$ 500,000 each person$ 500,000 each occurrence$1,000,000

$1,000,000 CSL

B. Contents: Insurance on the contents of the licensed area is sole responsibility ofthe CONCESSIONAIRE.

C. Public Liability Insurance: CONCESSIONAIRE agrees to indemnifyand hold CITY harmless from any and all claims, damages, causes of action, costand expense, including attorney's fees resulting from or related toCONCESSIONAIRE'S use and occupancy of the leased premises, except anysuch claims, damages, causes of action, costs and expenses arising out of thenegligence or willful act of CITY, its employees, agents, or representatives fromand against which CITY shall indemnify and hold CONCESSIONAIRE harmless.In this connection, CONCESSIONAIRE shall carry and maintain Public LiabilityInsurance in minimum amounts of Five Hundred Thousand Dollars ($500,000.00)per incident, and One Hundred Thousand Dollars ($100,000.00) property damageper incident, in which CITY shall be named as additional insured. Such policiesshall provide that same shall not be cancelled without thirty (30) days priorwritten notice to CITY, and CITY shall be furnished, within thirty (30) days fromthe effective date of this lease, with a copy of such proof of insurance. However,CONCESSIONAIRE shall maintain public liability insurance at all timesthroughout the term of this lease. CITY reserves the right to make its acceptanceof an insurance company a condition of this lease such that disapproval orrevocation of approval thereof shall authorize CITY to terminate this lease.

D. CITY shall be named as additional Insured, as its interests mayappear, and shall be afforded a thirty (30) day written notice of cancellation ornon-renewal. A certificate indicating the above coverages shall be submitted forreview and approved by CITY for the duration of this Agreement. Coverage shallbe placed with an insurance company approved by the State of Texas and rated"B+" per Best's Key Rating Guide. Additional information as to policy for,retroactive date discovery provisions and applicable retentions, shall be submittedto CITY, if requested, to obtain approval of insurance requirements. Anydeviations, including use of purchasing groups, risk retention groups, etc., orrequests for waiver from the above requirement shall be submitted in writing tothe CITY for approval prior to the commencement of activities under thisAgreement.

15


11. NONDISCRIMINATION

CONCESSIONAIRE, for itself, its personal representatives, successors in interest, andassigns, as a part of the consideration hereof, does hereby covenant and agree, that (1) noperson on the ground of race, color, or national original shall be excluded fromparticipation in, denied the benefits of, or be otherwise subjected to discrimination in theuse of the leased premises; (2) in the construction of any improvements in the leasedpremises and the furnishing of services thereon, no person on the grounds of race, color, ornational original shall be excluded from participation in the project, denied the benefits of,or otherwise be subjected to discrimination; (3) that CONCESSIONAIRE shall use theleased premises in compliance with all other requirements imposed by or pursuant to Title49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of theSecretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department ofTransportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as saidRegulations may be amended. That in the event of breach of any of the abovenondiscrimination covenants, CITY shall have the right to terminate this Agreement and tore-enter and repossess the facilities thereon, and hold the same as if this Agreement hadnever been made or issued.

CONCESSIONAIRE further agrees to undertake all applicable mandated actions that maybe required pursuant to Americans with Disabilities Act, as may be amended.

12. AFFIRMATIVE ACTION

The CONCESSIONAIRE assures that it will undertake an affirmative action program asrequired by 14 CFR Part 12, Subpart E, to insure that no person shall on the grounds ofrace, creed, color, national origin, or sex be excluded from participating in any employmentactivities covered in 14 CFR Part 162, Subpart E. The concessionaire assures that no personshall be excluded on these grounds from participating in or receiving the services orbenefits of any program or activity covered by this subpart. The CONCESSIONAIREassures that it will require that its covered suborganizations provide assurances to theCONCESSIONAIRE that they similarly will undertake affirmative action programs andthat they will require assurances from their suborganizations, as required by 14 CFR, Part152, Subpart E, to the same effect.

13. DISADVANTAGE BUSINESS DEVELOPMENT

A. This Agreement is subject to the requirements of the U.S. Departmentof Transportation's regulations, 49 CFR Part 23, Subpart F. TheCONCESSIONAIRE agrees that it will not discriminate against anybusiness owner because of the owner's race, color, national origin, orsex in connection with the award of performance of any concessionagreement covered by 49, CFR Part 23, Subpart F.

16


B. CONCESSIONAIRE agrees to include the statements in section13(A) in any subsequent concession agreements that it enters and cause thosebusinesses to similarly include the statements in further agreements.

C. CONCESSIONAIRE shall comply with CITY'S approvedDisadvantaged Business Enterprise (DBE) program submitted in compliance withall other requirements imposed by or pursuant to Title 49, Code of FederalRegulations, Department of Transportation, Office of the Secretary, Part 23,Participation by Minority Business Enterprise programs of the Department ofTransportation Effectuation of Title VI of the Civil Rights Act of 1964, and assaid Regulations may be amended. If CONCESSIONAIRE is a DBE firm,evidence of certification as a Disadvantaged Business Enterprise issued under aDisadvantaged Business Enterprise program approved by the Department ofTransportation shall be provided prior to the commencement of this agreement. IfCONCESSIONAIRE is eligible for certification as a DBE, but is not currentlycertified, CONCESSIONAIRE shall notify CITY of its eligibility prior to thecommencement of this agreement so that the certification process can be initiated.

14. EMINENT DOMAIN

In the event that the United States of America or the State of Texas or any entity havingthe power of eminent domain shall, by exercise of the right of eminent domain or anyother power, acquire title in whole or in part to the Airport, including any portion leasedto concessionaire, CONCESSIONAIRE shall have no right of recovery whatsoeveragainst CITY but shall make its claim for compensation solely against the United Statesof America or the State of Texas or the condemning entity, as the case may be.

15. UNTENANTABLE PREMISES

A. If the leased premises are partially damaged by fire or other casualty,but not rendered untenantable, CITY shall repair the premises at its own cost andexpense, subject to the limitations of section 15(E);provided, however, that if the damage is caused by the negligent actor omission of CONCESSIONAIRE, its sublessees, agent, or employees,CONCESSIONAIRE shall be responsible for reimbursing city for the cost andexpenses incurred in such repair.

B. If the damage be so extensive as to render the leased premisesuntenantable but capable of being repaired in sixty (60) days, thesame shall be repaired by city at its own cost and expenses, subject tothe limitations of section 15(E), and the fees payable byconcessionaire shall be proportionately paid up to the time of suchdamage and cease until such time as the assigned premises shall berestored and again made tenantable; provided; however, that if said

17


damage is caused by the negligent act or omission of CONCESSIONAIRE, itssublessees, agents or employees, the fees due will not abate andCONCESSIONAIRE shall be responsible for reimbursing city for the costs andexpenses incurred in such repair.

C. In the event the premises are completely destroyed by fire or othercasualty or so damaged that they will remain untenantable for morethan sixty (60) days, the CITY shall be under no obligation to repair,replace and reconstruct the leased premises, and concession fees shallbe paid up to the time of such damage and destruction and thereaftercease until the premises shall be fully restored. If within twelve (12)months after the time of the damage or destruction the leasedpremises have not been repaired or reconstructed for CONCESSIONAIRE'S use,or other reasonable facilities provided, CONCESSIONAIRE may give city writtennotice of its intention to cancel this Agreement in its entirety as of the date of suchdamage or destruction.

D. Notwithstanding section 15(C), if the leased premises arecompletely destroyed as a result of the negligent acts or omissions ofCONCESSIONAIRE, fees payable hereunder shall not abate and CITY may, in itssole discretion, require CONCESSIONAIRE to repair and reconstruct the leasedpremises and pay the costs therefor; or CITY may, in its sole discretion, repair andreconstruct the leased premises and concessionaire shall be responsible forreimbursing CITY for the costs and expenses incurred in such repair.

E. It is understood that, in the application of the foregoing sections15(A), (B), and (C), CITY'S obligations shall be limited to repair orreconstructing of the leased premises, where applicable, to the sameextent and of equal quality as obtained at the commencement of thisAgreement. CITY will not be responsible for repair or replacement ofimprovements, furniture, furnishings, equipment, merchandise or expendables.

. F. Should the improvements, furniture, furnishings, equipment,merchandise or expendables, or any part of them, be destroyed or damaged, theyshall in all instances be repaired or replaced by CONCESSIONAIRE whether ornot said damage or destruction is covered by insurance, provided that thisAgreement has not been canceled in accordance with the terms thereof.Redecoration and replacement of damaged or destroyed furniture, furnishing,equipment, merchandise and expendables shall also be the responsibility ofCONCESSIONAIRE and any such redecoration, refurnishing, and re-equippingshall be of equivalent quality to that originally installed hereunder. IfCONCESSIONAIRE fails to repair or replace such damaged or destroyedimprovements subject to a schedule approved by CITY or fails to redecorate orreplace damaged or destroyed furniture, furnishing, equipment, merchandise andexpendables, and provided that this Agreement has not been canceled, CITY may

18


make such repairs or replacement and recover from concessionaire the cost andexpense of such repair or replacement.

16. ASSIGNMENT AND SUBLETTING

CONCESSIONAIRE shall not transfer or assign this Agreement, or any part hereof, orinterest herein, or sublease any of the leased premises hereunder, except with the priorwritten approval of the CITY which may be withheld at it's sole discretion. No request for,or consent to, such assignment or sublease shall be considered unless CONCESSIONAIREshall have paid all rentals, fees, and charges which have accrued in favor of CITY andCONCESSIONAIRE shall have otherwise met all other legal obligations to be performed,kept, and observed by it under the terms and conditions of this Agreement or as thisAgreement may be subsequently amended or modified.

17. TERMINATION BY CITY

This Agreement shall be subject to cancellation by CITY in the event of the happening ofany or more of the following contingencies:

A. CONCESSIONAIRE shall file a voluntary petition of bankruptcy; or if proceedings inbankruptcy shall be instituted against it and it is thereafter adjudicated bankruptpursuant to such proceedings; or if a court shall take jurisdiction ofCONCESSIONAIRE and its assets pursuant to proceedings brought under theprovisions of any federal reorganization act; or if a receiver forCONCESSIONAIRE'S assets is appointed; or if CONCESSIONAIRE shall bedivested of its rights, powers, and privileges under this Agreement by other operationoflaw.

B. CONCESSIONAIRE shall abandon and discontinue the conduct and operation of saidconcession at the Airport.

C. CONCESSIONAIRE shall default in or fail to make any payments at the times and inthe amounts as required of it under this Agreement.

D. CONCESSIONAIRE shall fail to perform, keep, and observe all of the covenants andconditions contained in this Agreement to be performed, kept, and observed by it,including, but not limited to, the payment of fees and other charges in the time,manner, and amount as provided in this Agreement and compliance with allapplicable laws, ordinances, codes, rules, and other regulatory measures of the UnitedStates of America, the State of Texas, County of Webb and City of Laredo, and therules and regulations governing the use, operation, and control of the Airport.

E. All rights, privileges, or interests acquired by CONCESSIONAIRE under the terms ofthis Agreement may, at the option of CITY, following written notice of thirty (30)days, be suspended or finally terminated if such suspension or termination is found by

19


CITY, acting in good faith, to be necessary to secure Federal financial aid for thedevelopment and improvement of said Airport.

F. Upon the happening of any of the contingencies recited in subsection (B), (C), and(D) of this section 17, CITY shall give written notice to CONCESSIONAIRE tocorrect or cure such default, failure to perform, or breach; and if, within thirty (30)days from the date of such notice, the default, failure to perform, or breachcomplained of shall not have been corrected in a manner satisfactory to the AirportManager, then, in such event, CITY shall have the right, at once and without furthernotice to CONCESSIONAIRE, to declare this Agreement terminated and to enterupon and take full possession of the leased premises.

G. Upon the happening of anyone of the contingencies enumerated in subsection (A) ofsection 18 hereof, this Agreement shall be deemed to be breached byCONCESSIONAIRE and thereupon, ipso facto and without entry or any other actionby CITY, this Agreement shall terminate, subject to be reinstated only if suchinvoluntary bankruptcy or insolvent proceedings, petition for organization,trusteeship, receivership, or other legal act divesting CONCESSIONAIRE of thisrights under this Agreement shall be denied, set aside, vacated, or terminated inCONCESSIONAIRE'S favor within sixty (60) days form the happening of thecontingency. Upon the happening of said latter events, this Agreement shall bereinstated as if there had been no breach occasioned by the happening of saidcontingencies, provided that CONCESSIONAIRE shall, within ten (10) days after thefinal denial, vacating, or setting aside of such petition on the vacating, terminating, orsetting aside of such appointment, payor discharge any or all sums of money whichmay have become due under this Agreement in the interim and shall then remainunpaid and shall likewise fully perform and discharge all their obligations which mayhave accrued and become payable in the interim.

18. TERMINATION BY CONCESSIONAIRE

CONCESSIONAIRE may cancel this Agreement and terminate all or any of its obligationshereunder at any time CONCESSIONAIRE is not in default under the terms hereof bygiving thirty (30) days' written notice upon or after the happening of anyone of thefollowing events.

A. The permanent abandonment of the Airport as an air terminal.

B. The issuance by any court of competent jurisdiction of an injunction substantiallypreventing or restraining the use of the Airport or of the terminal building and theremaining in force of such injunction for at least ninety (90) days.

C. The breach by CITY of any of the terms, covenants, and conditions of this Agreementand the failure of CITY to act to remedy such breach for a period of ninety (90) daysafter the receipt of written notice from concessionaire of the existence of such breach.

20


D. The permanent abandonment of the Airport as an airline terminal or the permanentremoval of airline service from the Airport.

E. The temporary abandonment of scheduled airline service for at least three (3) months.

19. WAIVERS

A. The acceptance of charges and fees by CITY for any period or periods after a defaultof any of the terms, covenants, and conditions herein contained to be performed, kept,and observed by CONCESSIONAIRE shall not be deemed a waiver of any rights onthe part of the CITY to terminate this Agreement for failure by CONCESSIONAIREto so perform, keep, or observe any of the terms, covenants, or conditions hereof to beperformed, kept, and observed.

B. No waiver of default by either party of any of the terms, covenants, or conditions ofthis Agreement to be performed, kept, and observed by either party either prior to orafter either party may have remedied the same, shall be construed to be or acts awaiver of any subsequent default of any of the terms, covenants, and conditionsherein contained to be performed, kept, and observed by either party.

20. DISPOSITION OF FURNISHINGS AND EQUIPMENT UPON TERMINATION

A. In the event of any termination or cancellation of this Agreement, other than by lapseof time, CITY shall have no liability to CONCESSIONAIRE whatsoever except thatCITY shall have and is hereby given the right by CONCESSIONAIRE to purchase, atfair market value, the furniture, fixtures, and equipment of CONCESSIONAIRE theninstalled which is not subject to the City's landlord lien, if CITY so desires.

B. At such time as a third party operator may provide its own furnishings, fixtures, andequipment, and under the circumstance that the CITY elects not to purchase thefurnishings, fixtures, and equipment of CONCESSIONAIRE herein, thenCONCESSIONAIRE shall remove furnishings, fixtures, and equipment, with fixedimprovements remaining the property of CITY as provided in section 6(E).

C. City shall have a statutory LESSOR'S lien on all merchandise, goods,chattels, implements, fixtures, tools, furniture, machinery, and any otherpersonal property which concessionaire now or at any time hereafter mayplace in or upon the leased premises, all exemption of said property, orany part of it being herein expressly waived by the LESSEE.

21


CITY IS HEREBY GRANTED AN EXPRESSED CONTRACTUALLESSOR'S LIEN ON THE ABOVE GOODS, ALL OR ANYEXEMPTION BEING HEREBY WAIVED BY CONCESSIONAIRE/LESSEE, BUT WITHOUT LIMITING CONCESSIONAIRE'S RIGHTTO SELL, EXCHANGE OR REPLACE SUCH GOODS FROM TIMETO TIME IN ORDER OR COURSE OF BUSINESS OR TRADE.

Default on rent/fees entitles CITY, at it's option ,to take whatever lawfulaction reasonably necessary to protect CITY'S interest in said property ,including the storing of liened goods for payment for a reasonable time,as well as the selling of such goods at public or private auction for rentdue, without waiving CITY'S right to the total rent due.

21. INTERPRETATION OF AGREEMENT

It is understood and agreed that nothing herein contained is intended or should be construedas in anywise creating or establishing the relationship of co-partners between the partieshereto, or as constituting CONCESSIONAIRE as the agent, representative, or employee ofCITY for any purpose or in any manner whatsoever. CONCESSIONAIRE is to be and shallremain an independent contractor under this Agreement and agrees to and does herebyaccept full and exclusive liability for the payment of any and all contributions or taxes forSocial Security, Worker's Compensation Insurance, Unemployment Insurance, or Old AgeRetirement Benefits, Pensions, or Annuities now or hereafter imposed under any state orfederal laws which are measured by the wages, salaries or other renumeration paid topersons employed by CONCESSIONAIRE for work performed under the terms of thisAgreement, and agrees to indemnify and save harmless CITY from any such contributionsor taxes or liability therefor. In interpreting the provisions of this Agreement, the laws ofthe State of Texas shall prevail.

22. INVALID PROVISIONS

In the event any covenant, condition, or provision herein contained is held to be invalid byany court of competent jurisdiction, the invalidity of any such covenant, conditions, orprovision shall in no way affect any other covenant, condition, or provision hereincontained, provided that the invalidity of such covenant, condition, or provision does notmaterially prejudice either CITY or CONCESSIONAIRE in the respective rights andobligations contained in the valid covenants, conditions, or provisions of this Agreement.

23. NOTICES

Notices to CITY provided for in this Agreement shall be sufficient if sent by registered orcertified mail, postage prepaid, addressed to the Airport Manager, Laredo InternationalAirport, 5210 Bob Bullock Loop, Laredo, Texas 78041; and notices toCONCESSIONAIRE shall be sufficient if sent by registered or certified mail, postageprepaid, addressed to:

22


Carlos Bellad/b/a Villa Laredo Restaurant5210 Bob Bullock Loop, #14Laredo, Texas 78041

or to such other respective addresses as the parties may designate to each other in writingfrom time to time.

24. GOVERNMENTAL ACTIVITIES

In the event the Federal Government discontinues the provision and operation of air traffic« controls navigational aids, and other airport facilities which are now or may hereafter be

furnished by it, CITY shall not be required or obligated to furnish such facilities andservices after discontinuance thereof by the Federal Government.

25. AIRPORT SECURITY

CONCESSIONAIRE covenants and agrees that it will at all times maintain the integrity ofthe Airport Security Plan and TSAR Part 1540 and 1542, as amended from time to time.Should CONCESSIONAIRE, through a negligent act of its own, allow access to theSecurity Identification Display Area to an unauthorized person or persons, and CITYshould be cited a civil penalty for the concessionaire's breach of security,CONCESSIONAIRE agrees to reimburse CITY for any monetary civil penalty which maybe imposed upon CITY by the Transportation Security Administration or it's successoragencies.

26. GOVERNMENTAL RIGHTS

Nothing in this lease shall be construed or interpreted in any manner whatsoever aslimiting, relinquishing, or waiving of any rights or ownership enjoyed by CITY in theAirport or in any manner waiving or limiting its control over the development,improvement, operations, and maintenance of the Airport or in derogation of suchgovernmental rights as CITY possesses, except as may be otherwise specifically providedherein.

27. PARAGRAPH HEADINGS

The paragraph headings contained herein are for convenience in reference and are notintended to specifically define or limit the scope of any provision of this Agreement.

28. FAMILIARITY AND COMPLIANCE WITH TERMS

CONCESSIONAIRE represents that it has carefully reviewed The terms andconditions of this Agreement and is familiar with such terms and conditions

23


and agrees to faithfully comply with the same to the extent to which saidterms and conditions apply to its activities as authorized and required by thisAgreement.

29. SUCCESSORS AND ASSIGNS

All provisions of this Agreement shall extend to bind and inure to the benefit not only ofCITY and of CONCESSIONAIRE, but also their legal representatives, successors, andassigns.

30. CONFLICTS BETWEEN CONCESSIONAIRES

In the event of a conflict between CONCESSIONAIRE and any otherlessee, licensee or concessionaire at the Airport as to the rights of therespective parties, the Airport Manager shall review the applicableagreements and by reasonable interpretation determine the rights of each party andCONCESSIONAIRE agrees to be bound by such decision.

31. ENTIRE AGREEMENT

This Agreement consists of Section 1 through 31 and Exhibit A and B. 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 the LESSOR andLESSEE. LESSEE agrees that no representations or grant of right or privileges shall be bindingupon the LESSOR unless expressed in writing in this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executedby their respective proper officers and have affixed their corporate seals hereto as of the day andyear first above written.

CITY: CITY OF LAREDO

BY: _

CARLOS VILLARREALCITY MANAGER

ATTEST:


24

STATE OF TEXASCOUNTY OF WEBB

VENDING MACHINE CONCESSION AND LEASE WITH V;LLA ~EDO RESTAURANT


BY: -'---_.VALERIA M. ACEVEDOASSISTANT CITY ATTORNEY

CONCESSIONAIRE: VILLA LAREDO RESTAURANT

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BY: \.~

PRINTED NAME: ~e~4~e~L~g~~~~~'~.~~~'~~\4\.\~\\~\ __TITLE: _e.=·1J~!.u~N~{!.=~=--\..,,\__\\.-,\ut-Y1'_.4-\ _

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This instrument was acknowledged before me by Carlos Villarreal, City Manager for theCity of Laredo, a municipal corporation of the State of Texas, on behalf of said corporation~ this___day of , 20_.

Notary Public - State ofTexas,

(\ \\\ \. \\\ \\... J \\\

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This instrument was acknowledged before me by t3 ARiD 5 \t?'t$i~!fu$

() tV I\I£P- this if#' day of /t!PtlelvtblA-, 20ei3->., / .

~'l··-e6"~~. vJ· ,7;, -J If-,-/ .~!! Notaty Public, /I!~U_.~\ f'j State of Texas il f T~~ 01' ..:.;i'comm. ExpIres 04.11.12 0 exasP~""I\'~.~,.." ..........., ...."" ...." ......., .....,,,,,,........ -

25

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EXHIBIT A

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Laredo Inte~national'Airport

- ~" Tenant.SignageStandards0·'

...July 30. 1997 .

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Sheet .IndexIntroduction

The suceeu of !he sign criteria i$ depenelont upon ib~ed and consistent

applicalion Ihrough Ihe Airport. Any devia~cn fram lhese standards wiDcall1Pr....se Ihe inlegrity of Ihe vi.ual environment and diminish its impact Ie Ihe

public. fer Ihal r""""" we a.J. Ibe caaper~cn of each of you in complying fullywi!h Ih. guidelines pravided in Ihis manual.

Each tenant and advernser is required Ie design, labrieale, install and maintain

!heir awn sign wilhin Ihe esleb~shed aileria, atlh.ir awn expense, subjeclle UA

appra..,f.

One si!F' graphic lreatment is allowed per slarelrant e1evalian.

Na animated campenents ar lIa>hing lights are allawed.

Sheet)

Sheet 2

Sheet J

Sheet A

Sheet 5

Sheet 6

Sheet 7

SheelB

Sheet 9

SheellO

Sheet II

Sheet 12

Sheet 13

Sheell4

Sheetl5

Inlroduelion & Sheellndex

level I Signage laca~an Plan

level 2 Signag.laCa~on Plan

51 Airline Ticket Counter' Tenant Signage lacelions

5 1 Air~ne TIck., Counter

52 Airline Gate CQunler

53 level I Tenant

53 lev.1 I Tenant· Deleils

54 level 2 Tenant

54 level 2 Tenanl • De/ails

55 Car Rental

56 Harel and Ground Transparta~on Board

57 Advertising Display

57 Advem.ing Display

58 AOA Office IcIentificalion

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NOTE: Sign Contractor to field surveyconditions and field verify the dimensionsshown on drawings.

Column5

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NOTE: All signs to be submitted to laredoInternational Airport for approval prior tobeginning fabrication.

Arrival/Departure BoardArrivoVDeparlure Board may be Airline's own >Iondord,hawever it i. preferreellhot it be located a. shown on Sheet ~elevation and lit wilhin Ihe lallowing .ize ~mitolion>:Tenants A, B & C: 3'·0' high" 3'·8' wide_Tenanls D, E & F: 25' high ,,45' wide.

NOTE: Sign Contractor to field surveyconditions and field verify tbe c1imensionssbown on drawings>

Exi>ling Stainles. Steel Ticket Counter typical.

Exi.ting wall.

Primary Airline IdentificationTenants A, B & C: 2'-8' high" 8'-6' wide maximumoUowoble logo arec>.Tenants D, E & F: 2'·8' high" 6'·10' wide maximumaUawoble logo orec>.l/2' Ihick cut out Airline logo and!or Ieders, centered onexi.ting medile panel.. Sign shall have no visible lastener>.Tenant responsible lor removing exisling sign, replacing>loined medile panel (reference Archiledural documenJs Eot>pecilicalion). Airline logo and!ot Ieder> 10 be painted tomatch color speciEicotioil> >eI EorIh by the Airline. Sign walbe non-illuminated.

SeC01\~t~ry Air!i~e idenHf;cari~fl

All Tenants: 5' high x 3'-0' wide moximum allawablelogo area lot vinyl Airline logo. Vinyl logo to be centeredan exi.ting brushed ..ainle» .teel ticket counter. Airline logoto be pointed to match color specilications >eI EorIh by!he Airline.' .

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./ L J

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Exi.tingColumn

7

1

Airline Tick';t Counter

Scale: 1!4' = 1'-0'

L-------------r--------------JL-'--·----------r--------------JTenant A TenantB

>gO

Removable ledering

NOTE: AU signs to be submined to LaredoInternational Airport for aPf>raval prior tobeginning fobriwli<>n.

NOTE: Sign Contraclor to field surveyconditions and field verify the dimensionsshawn on drawings.

Airline Gate Board:Visionlron ttHGS5 4622 with. removable aluminum logo shield #lSA 2422with screenprinted Airline logo.

Two (2\ Airline gale boord. per gole counler centered on exioing panels.

Aluminum logo shield ond lenering ore removable lor oirtone gore changes.//

//

//

//

/

II

II

II

II

II

II

Removoble oluminumlogo shield

Typical ....Airlinelogoscreenprinledon logo shield

ARline Gate Counter

Scale: 1/4" = I"

:"9 :} ·;~f~:":. ;?]l~~I'ltiFication ~ -:":}:"1tlf )~7#){X

-- - ----- --- - I

Sign Controctor to field survey conditions and field verify the dimensions shown ondrowings prior to beginning fabrication .

Tennant to submit design drawings to Laredo Internotional Airport fer approvol priorto beginning fabrication.

",..,

."•

NOTE: Sign Contractor to field surveyconditions and field verify the dimensionsshawn on drawings.

Sign Panels painted Purple' Math..... Paint Company De'Signar IIlS·B3795PMS 2726C Purple.

Inlernally illuminated Tenontlogo and/or copy. .All logo and/or copy 10 be while, and centered wilhin II' high x 14' -0' widemaximum graphic area.

Exi>ling Horizonlal pipes wish power slUbbee!out inside Sign Panel.

,EO

25'·0' (·.erify in field)

14'·0' max. graphic area

Threeremo~ Sign Panels

ea

All Tenonls wiD be r~pon$ible for !he followins:

I.) ReplacingdJe Ihrec (3) removoble sign foce ponels and incorporotinglhe Tenanllogo and/or copycenlei-ed wishin!he II' high x 1.01'-0' wide maximum grophic area. lasaand/arcopy to be whiteacry~c push Ihraugh leiters. See detail AA Sheet 8.

2.) Pravick interior iUumini:>liari for Tenant logo and/or copy as 5hown an detail AA Sheet 8.

3.) Repainlins d,e entire (face and relUrns) 25'·0 (verily in Field) Sign Panel on site 10 match PurpleMalh..... Painl Campar.y - De'Signar #l5-83795PMS 2726C.

Level 1 Tenant

Ea

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counter wnk screws lor'emoving .ign face.

level 1 Tenant - Derail eNoITo Scale

6·

B8 Tenonts a,~ ,espon.ible for aU ilem. shawn in g,ey on Ihi. sheet and items li.led on Sheet 7.

J/s· tl.jdr. aluminum 'emovable .ign face panel. painted to malch Purple - Maihews PaintCarnpany - De'Signor IILS-8J795PMS 2726C.

Standa,d fluarescentlighllixlu,e. (per applicable cadesl, spaced about 6· on cente,.En.u,e adequate lighting.dvaugh acrylic copy. Mounl fixfu,e lighl against back of signba.<. Mounl tlghl baUos" to frame.

P,ovide removable acrylic d".ffu...,. panel, away f,am copy to p,evenl hohpab.

1/4· Ihick while I,anslu.cenl acryt.c 'outed push Ih,ough Iellers, aItoched will. acJylicbaeleing, protruding I/S· fram .ign face. Tenanlla p,ovide logo oneilor copy artwork fa,pu.h th,ough letter.lnol to exceed maximum copy o,ea shown an Shed 7).

~ 1/4· Ihie" acrylic backing olloched to Sign face will> high s1rengll> adhesive.Ex.encI backing up to panella allow maximum surface for adhesion.

NOTE: Sign e-lrador ro field surveyconditiOD5 and field verify Ihe cfameD5ionsshown on drawings.

NOTE: AU 5igns to be sul.mined ro LoredoInternational Airport for approval prior tobeginning fabriccz:icr_

-_._----------------------------

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NOTE: AU signs fo be submitted to LoredoInternationol Airport for approyal prior tobeginning fabrication.

NOTE: Sign Contractor to field surveyconditions and field verify the dimensionsshown on drawings.

Align sign joinl$ wid. .ion<' iaints above typitQl.

! I IL Sign Panels painted Purple Matton .ample '8158387.

...... I I IolemaHy iUuminaled Tenant logo and/ar copy.A111o!jO and/ar copy to be while, and centered wi"'inII' high It l,s' -0' wide maximum graphic area.

TI""" removable sign f~ panels

IT ..~-~- ITU·6· Sian Band (verify in 6ek1)

All design drawings to be submiltecl to Loredo International Airport for approval prior to beginning'fobrieation.

Sign Contrador to field survey conditions and field veritY the dimensions shown on drawings.

Scale; 1/';- == :-..0-

All Tenants will be re<pOnsible for the folIowjng:

'I.) Replacing !he Ihree (3) removoble sign poneb and incorpotoling II.e Tenantlo!JO ondIOJ' copy centered within themaxi"""" grapl.ic area., loga and/or copy to be while acrylic push rfuaugh leiters. See deloil 88 S!teel 10.

2.) Praoide interiar il"'mina~n lar Tenant!a!jO and/or copy.

3.' Repainting \be enitre (face and'relum.! 2,s'·6· (verify in field) Sign Band an site 10 matcf, Purple Glidden 1177-90.

Level 2 Tenont

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NOTE: Sign Conlradar to field surveyconditions and field verify the dimensionsshown on drawings.

I/S' d'ick aluminum removable sign face panels painted 10 match Purple Glidden #77-90.

Siandacd lluorescenllight fixtures (per applicable codes), spaced obou"16· on cent.....Ensure adequale lighting through acrylic copy. Mountlixture tight against bock 01 signbOl<. Mount light bollasls to frame.

[1J Tenanls are responsible for all ilems shawn in grey an this .heet and items listed on Sheet 9.

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J~.-:.:,-'

.~~ ·t~f" p"'F:,

-..I:d I m= Provide removable OC/)'Iic diffuser pcmel, oway from copy 10 prevenl hot,pots.

~!~:, 1/<I•• thick white .lranslu5Cen1 ac'!'Uc rouled Push through !elters, onached wid> ocryl;c." . } backing. protruding I/S' from SIgn lace. Tenant to provide logo and/or copy artwork for

Pu""' through Ieners (nat 10 exceed maximum copy area >hewn on Sheel 91.

~ r -.T•.,... I I+l 1/.4· d>ick acrylic baeIcing onoched /0 Sign lace ';"ilh high s1renglh adhesive.Exlend backing up to panel to allow maximum surface for adhesion.

Level 2 Tenant - Detail @

L

51/2' ,

I I

Nat To Scale NOTE: All signs 10 be submitted to laredoInternational Airport for approval prior 10beginning fabricalion. I

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Venrilalia'n required ~ t

Align sign face with wall

Venrilation required •~

NOTE: Sign Contractor to field surveyconditions and field verify the dimensionsshawn an drawings.

NOTE: AU signs to be submitted to loredoInternational Airport for approval prior to .beginning iabricoiion.

Existing soHil above

Exis6ng counter

Exis6ng bock wall

I 5',0' ,

'B----d-------t I-T_...."....2.......~I I maximum allowable copy area. NalloI exceed 6' depih from face of boclc wolltoI U e face 01 sign. Power is available behind'-------9----' ='T:~ .........

9M

Car Rental

Scale: 1/2' a I'-0'

9f.,.

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GENERAL NOTES ~The ioiiowing ore generoi guicieiines lor ;he

c1eve/apmen/ by !he Loredo Inlemolionol Airport

selected Vendor. The Vendor .hall ~eld sur;ey

conc:lilions and submit drawings 10 laredo

Inlernolional Airpllflfor approvol prior 10

begining fabrication:

o One (II internally illuminaled Hotel ond

Ground Information di5play.

o Approximately 12 chong"""'e advertising

displays 16 large Ionnot. 6 smoU formol~

• Changeable cily mop wilh hotels identified wilhcorresponding number 10 odvertising displays.This number will also be used to direct dial !heHolel.

• Changeable grOund Ironsportolion informalion.o Two 12) direct diollelephones. Power and

phone ~nes provided behind woO.

o Typeslyle: GiD Sons and Gill Sons Bold.o Purple 10 IllOrch PMS' 2725C• Yellow 10 match PMS# 13BC.o Sign 10 be recessed flush 10 wall.

9M

C;>'or

NOTE: AU signs to be submined to LaredoInternational Airport for approval prior 10beginning f:=ric:a::Q;:-..

NOTE: Sign Contractor to field surVeyconditions ond field verify the dimensionsshown on drawings.

o

Purplefoceond edses

Yellowface ondedges

~

.. ±tft-H::J:\1::t:I

' 2- ~/2'

• WI"le, Background

. ~

. I ! I~ ~

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PIu>ro Cl' printedadvertioemenl

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I' Circle-YeIIowwilh Purple -- 'J, \0 PQSQdQ Hotel =r 1-3/B' Purple bandGiU Sons Bold 'I ''number. j' ". 'I /2' while Holel nome ...•. ",Gill Sons Bold. " ,

-"

nformation

Hotel and Ground Transportation Board

Scale: 1/2"; 1'·0'

NOTE: All signs to be suLmitted to LaredoInternational Airport for opprovol prior tobeginning fabrication.

t t f I ~

INOTE: Sign Contractor to field surveyconditions ond field verify the dimensionsshown on draWings.

Advem>ing Display: .Inlernolly illuminated ~hl box to bereceued Ilu.h 10 face 01 the adjocenlwall(maK_ 7·3/4· depth ovoilable)_Display 10 hove no visible frome_Power is available behind won lorillumination.

Advertising Di>ploy:Inlemolly illuminated ~ghl box 10 bete<»Ssed flu'" 10 Ioee 01 the adjacenlwoll(111QlC. 7-3/4· depth aVailable).Display 10 have no vi>ible I,·ome.Power is available behind waD loriIluminotion.

Existing 910...Iare fronl

Exi.ting wan panels

~Boggage claim. CQ(rOU$e1

I II ,I ,

5'·0· (field verify)

South Elevotion

5'-0· (field verify)i iI I

II1II Advertising Display North Elevation

Not To Scale

5'-0· [!ield veriy) 5'-0· [!ield verify)I I . I ~ Existing woD ponel.

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~

NOTE: AU signs to be submitted to laredoInternational Airport for approval prior tobeginning fabrication.

NOTE: Sign Contractor to field surveyc_ditions and field verify the dimensionsshown on drawings.

Advertising Di"l'loy:Internally illuminated ~ghl be.< 10 berece.ssed flu"'"' 10 face of theodjocenlwoll (lIlCllt. 7-3/4' deplhovailablel. Di"l'1ay 10 hove novhible frome, Power is ovailablebehind woll for iUuminalion.

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J]f::..,·.'.: " .' ....:: ! ::':'"

tlL.:>;;" ·t·· ... 1

I' .':.' ..·'1.'

II

15"0' (field verify)

1

---+-------+,.-;.--t-- Advertising Display:Internally iUuminaled light bo.e 10 berecessed Ilu",", 10 lace ollheodiacenlwoU (max. 7-3/4' depthavoilable). Display 10 ha... no.visible !rame. Power is availablebehind waD for iUur.-J•.::..-:on.

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..... '...

A...~.

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I

I

5'·0· (field verify:

Appr<iJC. IO· (~eld verify)

fI

NaiTo Seale

Advertis;ing Display East Elevatian

"':"1',,'1'

I

~ l ... __J 1 ..~_L_·_b1-~-,~

• Advertising Display East Elevation

NcIToScole

Approx. 10'1~eld verifyl

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., ... :'.j. ~.: ." i

- m······:'···:·tI·'····J··.···i. '\'.<~ " .. ' ..,

i·'j'

.~ ....' .~ :t

NOTE: AlI5igns; to be 5ubmitted to LoredoInternational Airp....t for approval prior tobeginning fabrication.

.... ~QU-' C"'0

MountingMount signs oIS'-O" an center, and 4" from the doorjamb on the strike side of !he door. Mount 10 exislingC~U wi'" double slick lope and silicone adhesive.

NOTE: Sign Contractor to· field 5urveyconditions; and field verify the dime05io055hown on drawings.

I ~

Grade 2 Braille painted fa matchyellow PMS.13ac.

31/2" .. 31/2"Maximum aUawable logo area.

Scr;""'printed Airline logo tomatch logo and color speci~cationssetlarlh by Airline.

I/a" aetylic painted all iides tomatch yellow PMS.13ac.

1/32" raised copy painted white.

41/S" -,, . , I

IS/Ii" 3 1/2" S~ 1

Scole: 1/4" = 1'-0"

AOA Office Identification

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EXHIBIT A

DATE:

12-1-08

COUNCIL COMMUNICATIONSUBJECT: INTRODUCTION OF AN ORDINANCEAuthorizing the City Manager to execute an amendment to the lease approvedby Ordinance No. 2004-0-038 dated February 17, 2004, and amended byOrdinance No. 2006-0-158 dated July 17, 2006, and Ordinance No.2007-0-151 dated August 20, 2007, between the City of Laredo, as Lessor,and Webb County Juvenile Board, as Lessee, for the Juvenile JusticeAlternative Education Program (JJAEP) school campus constituting anapproximate 100,357 square foot tract of land located on Block No. 11 of theAirport Subdivision Plat at the Laredo International Airport. Said amendmentwill extend the lease term 18 months ending on June 30,2010, at the existingmonthly rent amount of $2,407.00, and Section 1.07, Rent Escalation, isdeleted. All other terms and conditions of the lease remain unchanged and ineffect; providing for an effective date.


STAFF SOURCE: Jose L. FloresAirport Director

PREVIOUS COUNCIL ACTION: On August 20,2007, Ordinance No. 2007-0-151 approved alease amendment with Webb County Juvenile Board.

BACKGROUND:

Webb County Juvenile Board requests an eighteen (18) month extension to the lease term andrequests that it be allowed to occupyllease the premises until June 30, 2010.

The premises form part of Block no. 23 which block was the subject of a possible public sale. Nobids were received for Block No. 23.

FINANCIAL IMPACT: Land Rent RevenuesAccount No. 242-0000-361.2060Previous Monthly Rent: $2,407.90Proposed Monthly Rent: $2,550.00 x 12 Months =$30,600.00

COMMITTEE RECOMMENDATION:On November 18, 2008, the Airport AdvisoryCommittee recommended against Staff'srecommendation.


AN ORDINANCE

AUTHORIZING THE CITY MANAGER TO EXECUTE ANAMENDMENT TO THE LEASE APPROVED BYORDINANCE NO. 2004-0-038 DATED FEBRUARY 17,2004, AND AMENDED BY ORDINANCE NO. 2006-0-158DATED JULy 17, 2006, AND ORDINANCE NO. 20070-151 DATED AUGUST 20, 2007, BETWEEN THE CITY OFLAREDO, AS LESSOR, AND WEBB COUNTY JUVENILEBOARD, AS LESSEE, FOR THE JUVENILE JUSTICEALTERNATIVE EDUCATION PROGRAM (JJAEP)SCHOOL CAMPUS CONSTITUTING AN APPROXIMATE100,357 SQUARE FOOT TRACT OF LAND LOCATED ONBLOCK NO. 11 OF THE AIRPORT SUBDIVISION PLAT ATTHE LAREDO INTERNATIONAL AIRPORT. SAIDAMENDMENT WILL EXTEND THE LEASE TERM 18MONTHS ENDING ON JUNE 30, 2010, AT THE EXISTINGMONTHLY RENT AMOUNT OF $2,407.00, AND SECTION1.07, RENT ESCALATION, IS DELETED. ALL OTHERTERMS AND CONDITIONS OF THE LEASE REMAINUNCHANGED AND IN EFFECT; PROVIDING FOR ANEFFECTIVE DATE.

WHEREAS, the Airport Manager recommends that the City Council approve theproposed lease amendment between the City of Laredo, as LESSOR, and Webb CountyJuvenile Board, as LESSEE, for the Juvenile Justice Alternative Education Program(JJAEP) school campus for an approximate 100,357 square foot tract of land located onBlock No. 11 of the Airport Subdivision Plat at the Laredo International Airport. Saidamendment will extend the lease term 18 months ending on June 30, 2010, at the existingmonthly rent amount of $2,407.00, and Section 1.07, Rent Escalation, deleted. All otherterms and conditions of the Lease remain unchanged and in effect, as a contract and infurtherance ofthe development ofthe Laredo International Airport and as a support to themaintenance and operation ofthe Laredo International Airport;

WHEREAS, the Airport Advisory Committee fmds that said lease amendment isin the best interest of the Airport and recommends that the City Council approve theproposed lease amendment; and



Section 1: The City Manager be hereby authorized to execute a lease amendmentwith Webb County Juvenile Board, as LESSEE, for the Juvenile Justice AlternativeEducation Program (JJAEP) school campus for an approximate 100,357 square foot tractof land located on Block No. 11 of the Airport Subdivision Plat at the LaredoInternational Airport. Said amendment will extend the lease term 18 months ending on

Page 1 of2

AN ORDINANCE AUTHORIZING A LEASE AMENDMENT BElWEEN THE CITY OF LAREDO AND WEBB COUNTYJUVENILE BOARD

June 30, 2010, at the existing monthly rent amount of$2,407.00, and Section 1.07, RentalEscalation, is deleted. All other tenns and conditions ofthe Lease remain unchanged andin effect, a copy of which lease amendment is attached hereto as Exhibit A, andincorporated herein as if set out at length for all intents and purposes.

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

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ONTHIS THE DAY OF ,20_.


ATTEST:



BY: _VALERIA M. ACEVEDOASSISTANT CITY ATTORNEY

Page 2 of2

STATE OF TEXAS §

COUNTY OF WEBB §

LEASE AMENDMENT

This lease amendment is made and entered into by and between the City ofLaredo,Texas, a home rule city, hereinafter referred to as "LESSOR" and Webb County JuvenileBoard, hereinafter referred to as "LESSEE".

WHEREAS, LESSEE requests that the lease agreement approved by Ordinance No.2004-0-038 dated February 17, 2004, and amended by Ordinance No. 2006-0-158 datedJuly 17,2006, and Ordinance No. 2007-0-151 dated August 20,2007, be furtheramended as follows:

WHEREAS, LESSOR and LESSEE agree to amend Section 1.05, "Term ofLeasehold, Commencement ofTerm, Suspension", in order to extend the term ofthe leasean additional 18 months ending on June 30,2010, and Section 1.07, Rent Escalation, isdeleted. All other terms and conditions remain unchanged an in effect.

WHEREAS, the LESSOR currently owns and operates those premises known as theLaredo International Airport, sometimes referred to as "Airport" lying and situated withinthe incorporated limits of the City ofLaredo, Webb County, Texas, and;

WHEREAS, the LESSOR has determined that it is advantageous to itself, its citizenry,and the operation of its airport to lease and demise premises located on the airport to theLESSEE together with certain rights, privileges, and uses;

NOW, THEREFORE, THE LESSOR and LESSEE for and in consideration of thecovenants and agreements embodied below, do hereby covenant and agree as follows:

ARTICLE I

1.01 DEFINITIONS

"Laredo International Airport" or "Airport": That certain area administered byLESSOR pursuant to Indenture from the United States ofAmerica to the City ofLaredo,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.

EXHIBIT A

LEASE AMENDMENT BETWEEN THE CITY OF LAREDO AND WEBB COUNTY JUVENILE BOARD (100,357SQUARE FEET OF LAND)

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

1.02 APPLICABILITY OF TERMS OF CONTRACT

Terms of this lease agreement are binding upon the heirs, executors,administrators, trustees and assigns of LESSEE.

1.03 DESCRIPTION OF PREMISES DEMISED

LESSOR, in consideration of the covenants and agreements embodied belowdoes hereby lease and demise the following described premises to the LESSEE; a tract ofland containing approximately 100,357 square feet located at 4602 North Bartlett Avenueon Block No. 23 at the Laredo International Airport which land is described by metes andbounds description which is attached to this lease agreement and incorporated into samefor all intents and purposes. See Exhibit A. The property described above shall bereferred to as the "premises".

1.04 RIGHT TO IMPROVE

Subject to the terms, covenants and conditions embodied below, the LESSEEshall have the right and privilege to place and use modular classrooms structures andother modular structures in support of LESSEE'S educational program, construct andmaintain improvements upon the leased premises.

1.05 TERM OF LEASEHOLD, COMMENCEMENT OF TERM, SUSPENSION

The term of this lease shall be for three (3) years and six (6) months commencingon January 1, 2004 and ending on June 30, 2007. Effective July 1, 2007 the term isextended eighteen (18) months ending on December 31, 2008. Effective January 1, 2009the term is extended eighteen (18) months ending on June 30, 2010" provided, however,that the City Manager must, prior to the execution of this lease agreement on LESSOR'Sbehalf, obtain the express written authority from the Mayor and City Council of the Cityof Laredo, Texas.

1.06 RENTAL OBLIGATION AND MODE OF PAYMENT

A. LESSEE agrees to pay to LESSOR, monthly rental sum of legal money ofthe United States of America, said monthly rental to be paid for and during each andevery year of the original term of this lease pursuant to paragraph 1.05. Each suchmonthly rental amount shall be paid by LESSEE to LESSOR, in twelve (12) equal andconsecutive monthly installments, each such monthly installment to be due and payableon the first (1 st) day of each calendar month in the amount of Two Thousand and OneHundred and Thirty Seven Dollars and Thirty-Five Cents ($2,137.35).

2


B. The first monthly installment of the rent for the first year of this lease shallbe due and payable on January 1,2004.

1.07 RENTAL ESCALATION

Without waiving other rental escalation provisIOns in this contract, monthlyrentals shall be adjusted annually during the primary and e]{tension periods by an amountvihich is equivalent to the percent change in the Consumer Price Inde]{ (CPI) from thepreceding calendar year's average, specifically defined as the Consumer Price Index (D.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 January 1, 2005,and annually thereafter, the rent vlill be adjusted according to the percent change in theCPI as that date from that of the preceding calendar year (January December)

E]{ample:

1. First Anniversary: Base rent x CPI - adjustment -t base rent rent for second year.

2. Second Anniversary: Second year's rent]{ CPI - adjustment-tsecond year' s rent - rent for third year ...etc., annually until lease expiration or anyextension thereto.

1.08 LATE CHARGE

A. The rental sums provided for above, and such other additional chargesprovided for in this lease agreement shall be payable no later than the first (l st) day ofeach calendar month, without regard to notice, demand, setoff, deduction, defense orcounterclaim.

B. Except as otherwise provided in this lease agreement, the rental obligationof LESSEE shall be due and payable as provided in the preceding paragraphs and, shallnot be affected by circumstances or occurrences including, but not limited to: damages toor destruction of the demised premises or any part of them, including improvements; userestrictions or interference with any use of the demised premises or the like; claims ofLESSEE against LESSOR; and notice of termination by either LESSOR or LESSEE.

C. Should LESSEE fail to pay when due any installment of rental, or anyother sum payable to the LESSOR under the terms of this Lease, then interest at themaximum legal rate then payable by LESSEE in the State of Texas shall accrue from andafter the date on which any such shall be due and payable, and such interest shall be paidby LESSEE to LESSOR at the time of payment of the sum upon which such interest shallhave accrued.

3


1.09 AD VALOREM TAXES AND UTILITIES

A. LESSEE agrees to pay promptly, upon receipt of written notice from anytaxing entity, authority, or appraisal district, all ad valorem taxes, penalties and interestimposed by them upon the demised premises, and upon any personal property, tools,equipment, furniture, fixtures, and inventory belonging to the LESSEE. The taxes shallbe paid prior to any period of delinquency.

This section does not preclude LESSEE from the assertion of any remedies availableto it under the Texas Property Tax Code Annotated 41.41-42.28.

B. LESSEE shall, upon LESSOR'S written request, provide LESSOR withwritten receipts from all taxing authorities or entities showing payment of ad valoremtaxes or, where applicable, written proof that it is availing itself by the remedies availableto it under 41.41-42.28 of the Texas Property Tax Code. LESSEE'S failure to provideLESSOR with the written proof requested shall constitute a material breach of this leaseagreement.

C. LESSEE'S failure to pay all ad valorem taxes due and owing to any taxingentity or authority as required by this lease agreement shall constitute a material breach ofthis lease agreement.

D. LESSEE shall assume the responsibility for payment of and shall timelypay all utilities and connection fees, including water, sewer, heat, gas, electricity, and allother utilities to be used on the demised premises.

E. It is further understood that the leased premises is currently unimprovedand is leased on an "as is" basis.

In this regard, LESSEE will be responsible for all developmental costs to includeutility easement relocation, extensions, and upgrades if required to service the leasedpremises to include water, sewer, gas, electricity, and all other utilities to be used on thepremises.

1.10 USE AND USE CONFLICT

The premises demised to the LESSEE are to be used and occupied solely for thepurpose of operating an alternate education program for at risk youth and for no other use.Should LESSEE desire to use the demised premises for a purpose other than thedelineated above, it shall first obtain written authorization from the LESSOR.

4


1.11 PEACEFUL POSSESSION

LESSEE shall peacefully have, hold and enjoy the leased premises subject to allof the terms and conditions embodied in this lease agreement, and subject to promptpayment of all rental sums delineated above.

ARTICLE IIDEVELOPMENT OF PREMISES - REQUIRED IMPROVEMENTS

2.01 OFFSTREET PARKING

A. The LESSEE shall make prOVISIon for automobile parking for itsemployees, visitors, and other invitees on the demised premises. No parking shall bepermitted on the streets immediately adjacent to the demised premises.

The LESSEE further agrees to pave its on-premise parking facilities in order toprovide a dust-free, all-weather surface.

B. Parking shall not be permitted in the front setback area or in side setbackareas facing the streets immediately adjacent to the demised premises. Visitor parkingmay be provided in front setback areas and side setback areas of the demised premisesfacing the street provided that such on-premise parking is screened from the street bytrees or shrubbery or other screening devices approved by the LESSOR or any of itsauthorized agents.

C.surface.

Each parking space shall be designated by white lines painted on the paved

D. Parking for handicapped persons will be provided by the LESSEE andsuch spaces shall be clearly designated as handicapped parking.

2.02 VEHICLE LOADING

All provisions for loading and maneuvering of vehicles necessary to theoperation of LESSEE'S business shall be conducted within the boundaries of the demisedpremises. On-street vehicle loading shall not be permitted. Vehicle loading shall bepermitted only at the rear of LESSEE'S buildings or, on a side provided that any sideloading facilities shall be screened from front street visibility by approved trees,shrubbery, or other instrumentality specifically approved by the LESSOR and initiatedwithin the same period of time as set out in Section 2.04 (B).

5


2.03 SETBACKS

A. All buildings shall be set back a minimum of twenty five (25') feet fromthe lot lines of the demised premises which face any street immediately adjacent thereto.The area between the lot lines and the buildings shall be landscaped. If visitor parking isprovided in the front setback, all buildings shall be set back a minimum of fifty (50') feetfrom the lot line.

B. At least twenty (20%) percent of the required minimum front setback areaand side setback area facing the street shall be landscaped and planted.

C. Side setbacks shall be a minimum of fifteen (15') feet.

D. Rear setbacks shall be a minimum of ten (10') feet from the lot line orutility easement line.

2.04 BUILDING HEIGHTS

Building heights shall be limited to a maximum of fifty (50') feet above the curbline. This limitation includes phasial extensions of any building erected on the demisedpremises or other extension attached to any such building.

2.05 SITE COVERAGE

All buildings and structures, or portions of them, placed or erected on the leasedpremises, shall be prohibited from covering more than fifty (50%) percent of the totalland area of the demised premises.

2.06 TYPE OF CONSTRUCTION

All buildings shall conform to all local building codes and ordinances.

2.07 PIPES

With the exception of hoses and movable pipes used for irrigation, LESSEE shallneither install nor maintain water, gas, sewer or drainage pipes above the surface of theground.

ARTICLE III

PREPARATION AND SUBMISSION OF PLANS FOR IMPROVEMENTS

3.01 RULES AND REGULATIONS

A. All improvements shall be planned and constructed in accordance withrules and regulations prescribed by the LESSOR.

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B. All improvements shall be planned and constructed in accordance with thelaws and ordinances of the City of Laredo, Texas, and its applicable building codes.

C. All improvements to be erected by LESSEE shall comply with the rulesand regulations of the Federal Aviation Administration, an agency of the United Statesgovernment, or any successor agencies.

D. Should any conflict between LESSOR'S rules and regulations, laws andordinances of the City of Laredo, and rules and regulations of the Federal AviationAdministration occur, this provision shall be governed by the rules and regulations of theFederal Aviation Administration or any of its successor agencies.

3.02 APPROVAL OF PLANS

A. Plans and specifications to be submitted to LESSOR shall be subject toLESSOR'S sole approval. LESSOR'S approval shall not be withheld in an arbitrary orunreasonable manner.

B. LESSOR'S approval of LESSEE'S plans and specifications may bewithheld for any of the following reasons:

I. Failure to comply with laws and ordinances of the City of Laredo,Texas, or any of its applicable building codes.

2. Failure to comply with the rules and regulations promulgated bythe Federal Aviation Administration or its successor agencies. .

3. Style conflicts with adjacent buildings or other improvements.

4. Non-compliance with any provision embodied in Article II of thislease.

5. Disapproval of the location, grading plan, color scheme, finish,design, proportions, style or architectural design, height, or appropriateness of theproposed structure, which, in LESSOR'S reasonable judgment, would render theproposed structure or improvements inharmonious with general plans promulgated by theAirport Manager for airport improvements.

C. Approval of any plans or specifications for use on anyone demised parcelshall not be deemed a waiver of LESSOR'S right to disapprove the same or similar plansor specifications submitted by other LESSEES for approval for use of any other parcel orparcels demised.

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3.03 ALTERATIONS, CONSTRUCTION OF ADDITIONAL IMPROVEMENTS

A. Building or landscape alterations and the erection of additional structureson the demised premises shall be subject to LESSOR'S approval.

B. Any alterations to structures, landscaping or other improvements, withoutLESSOR'S written approval shall constitute a material breach of this lease agreement andshall constitute grounds for termination of this lease by LESSOR.

3.04 MAINTENANCE OF PREMISES AND IMPROVEMENTS

A. LESSEE covenants that he shall commit no waste nor shall he allow thecommission of waste upon or to the demised premises.

B. LESSEE agrees to maintain in a safe, clean well kept and orderlycondition the premises surrounding said improvements to include right of way areas up tothe street curbs, along Bartlett and Foster Avenues.

C. LESSEE shall maintain and keep the improvements on the leased premisesin a good state of repair and condition and in a presentable condition. The exterior finishon said improvements shall be repainted and refinished as necessary to maintain theappearance of such improvements. In this regard LESSEE is responsible for 100% of themaintenance and repairs to the improvements throughout the primary and any extensionterms of this lease agreement.

D. LESSEE shall erect a fence along the perimeter ofthe leased premises andinstall gate(s) to provide for a closed campus environment.

3.05 RIGHT OF ENTRY

A. LESSOR may, at any reasonable time, without notice to LESSEE, enterthe premises for the purpose of ensuring LESSEE'S compliance with plans and timetablesfor the erection or alteration of structures or improvements upon the demised premises aswell as other use restrictions and requirements embodied in this lease.

ARTICLE IVUSE RESTRICTIONS

4.01 GENERAL

A. No land, alteration or structure occupied or erected by the LESSEE shallbe used or occupied in any manner which could create conditions:

1. Adversely affecting the health, comfort, or safety of members ofthe general public or other LESSEES of the LESSEE; or

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2. Adversely affecting the beneficial enjoyment and use of propertiesdemised to LESSOR'S other LESSEES.

B. Prohibited uses include, but are not limited, those which create:

1.

2.

3.

4.

5.

6.pollution;

7.

8.

Fire hazards;

Explosive hazards;

Excessive noise;

Excessive vibration;

Excessive shock;

Smoke, dust, pungent odors, noxious emissions constituting air

Electrical disturbances; and

Excessive liquid or solid refuse, waste or emissions.

4.02 ULTRA-HAZARDOUS ACTIVITIES INCLUDING FIRE ANDEXPLOSIVE HAZARDS

No ultra-hazardous activities including those creating fire or explosive hazardsendangering life or property shall be conducted upon the demised premises by theLESSEE.

4.03 NOISE LEVELS

At no point on the demised premises shall the sound pressure of any individualplant or operation conducted by the LESSEE (other than operation of motor vehicles,aircraft, or other conveyances of transportation) exceed the decibal levels in thedesignated octave bands shown below:

Octave Band CyclesPer Second

0-300

300 -1200

1200 - 4800

4800 and above

Maximum Permitted SoundLeyel In Decibals

RE 0.0002 dynes/cm2

75

55

45

49

9


4.04 VIBRATION OR SHOCK

No vibration or shock perceptible to a person of normal sensibilities shall bepermitted within fifty (50') feet of any property line delineating the demised premises.

4.05 AIR POLLUTION

A. Any use of the premises by the LESSEE which will produce smoke, gas,dust, odor, fumes, aerosols, particles, products of combustion, or other atmosphericpollutant shall be conducted within a completely enclosed building.

B. Visible emissions of smoke which exceed Ringlemann No. 1 on theRinglemann Chart of the U. S. Bureau of Mines other than motor vehicle emissions fromconveyances of transportation shall not be permitted. This requirement is applicable totrash and waste material disposal. Windborne dust, sprays and mists originating in anyplants upon thedemised premises will not be permitted.

C. No plant or operation shall discharge toxic or noxious matter into theatmosphere.

D. Emission of odors detectable at any point beyond the property line of anyplant erected by LESSEE shall not be permitted.

4.06 DUST CONTROL

All ground areas not covered by structures shall be landscaped or surfaced withconcrete, asphaltic concrete, asphalt oil or other dust-free surfacing. These areas shallbe maintained in good condition by LESSEE and shall at all times be kept free of weeds,trash, dust and other debris. They shall be properly drained and graded. This dust controlshall be accomplished before the issuance of a certificate of occupancy.

4.07 HEAT OR GLARE

Any operation producing intense glare or heat shall be performed within anenclosed or screened area in such a manner which prevents the glare or heat so emittedfrom being discernible from any point on the property line of the demised premises.

4.08 ILLUMINATION

A. The maximum height of any lighting standard shall be limited to thirty(30) feet above curb level.

B. The intensity of illumination shall be limited to lO-foot candles or 0.1lumens per square foot for open area or surfaces visible at the property line.

10

LEASE AMENDMENT BElWEEN THE CITY OF LAREDO AND WEBB COUNTY JUVENILE BOARD (100,357SQUARE FEET OF LAND)

C. The design and location of exterior lighting shall comply in all respects tothe requirements of the Federal Aviation Administration or any successor agencies andother governmental agencies having applicable jurisdiction with respect to height, type,and placement of lighting standards as they may affect the safety of flight operations atthe Airport.

4.09 SIGNS

The following regulations shall apply to all commercial signs displayed forobservation from outside a building whether displayed on, near or within a building:

A. Permitted Signs: LESSEE'S commercial signs shall be limited to thoseidentifying the uses conducted on the site and to those necessary for directionalpurposes. The size, design and location of all signs shall require the written approval ofthe LESSOR or its authorized agent prior to installation. On-premise billboards andflashing signs are not permitted.

B. Area and Location: One sign may be permitted on the front setback line ofeach leasehold and one sign may be attached to the side of the building which faces apublic street. The sign of the front setback line shall not exceed one (1) square foot areafor each linear foot of lot frontage and shall not extend more than ten (10) feet in heightabove the floor line of the building. An approved product or company symbol or devicemay be used in addition to each sign, and on the front setback line, may extend up to anypoint on the building. Any such symbol or device shall be considered a sign for thepurpose of this Article and shall require the written approval of the LESSOR prior toinstallation.

C. Construction: All signs shall comply with all building codes of the City ofLaredo and with all rules and regulations of the Federal Aviation Administration or anyother successor agencies.

4.10 REFUSE AND TRASH

No refuse or trash shall be kept, stored or allowed to accumulate on the demisedpremises.

4.11 SEWAGE DISPOSAL SYSTEMS

No cesspool, septic tank or other sewage disposal system or device shall beinstalled, maintained or used upon any parcel without LESSOR'S prior written approval.

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ARTICLE VINDEMNITY AND INSURANCE

5.01 INDEMNIFICATION

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.

To the extent permitted by the Constitution and the laws of the State of Texas andwithout expanding the County's liability, the County shall indemnify and hold the Cityharmless from and against any and all suits, actions or claims of any character brought foror on account of injury to person or property arising from the County's own act ofnegligence in carrying out its obligations under this Agreement, except that the City shallindemnify and hold the County harmless from and against any and all suits, actions orclaims of any character brought for or on account of injury to person or property arisingfrom the City's own acts of negligence in carrying out its obligations under thisAgreement.

LESSEE agrees for itself, its agents, servants, employees, invitees, successors andassigns that it will not bring suit against the LESSOR or assign any cause of actionresulting from accident, fire, noise, or disturbance from the operation, maintenance,accident, crash, or crash landing of any airplane in the Laredo International Airport areaor in the vicinity of the Laredo International Airport, or during any operation of aircraftover the premises, except any such cause of action arising out of the negligence or willfulact 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 inthe course or scope of their duties for the LESSOR.

5.02 FIRE AND OTHER RISK INSURANCE

LESSEE, at his sole cost and expense shall, throughout the term of this lease,keep or cause to be kept all improvements now or hereafter located upon the leasedpremises insured for the mutual benefit of LESSOR and LESSEE against loss or damageby fire and against loss or damage by other risks embraced by "extended coverage" andagainst civil commotions, riots, vandalism and malicious mischief in an amount equal tothe actual replacement cost of such improvements, including costs of replacingexcavations and foundations, but without deduction for depreciation (hereinafter call"Full Insurable Value").

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5.03 OBLIGATION OF LESSEE

During the term hereof, except as provided in Section 5.05 below, should theimprovements constructed by LESSEE upon the leased premises be damaged ordestroyed in whole or in part by fire or other casualty, LESSEE shall give prompt noticeto LESSOR. LESSEE, at its own cost and expense, shall promptly repair, and rebuild thesame to the extent as the prior value of, and as near as is practicable to the character ofthe buildings and improvements existing immediately prior to such damage. Suchrepairs, replacements or rebuilding shall be made by LESSEE and in accordance with thefollowing terms and conditions:

A. Prior to commencing such repairs, LESSEE shall deliver to LESSOR a setof preliminary construction plans and specifications for LESSOR'S approval. In the eventthe preliminary plans and specifications are disapproved, LESSEE will be notified inwriting. The notice shall specify in detail the reasons for the disapproval. LESSOR shallspecify the corrections to the specifications and plans.

B. Upon approval of the preliminary plans and specifications by LESSOR,LESSEE shall prepare or cause to be prepared, final working plans and specifications.These shall conform to the preliminary plans and specifications. Upon completion of thefinal working plans and specifications, LESSEE shall submit the same to appropriategovernmental agencies for approval. Upon approval by such agency and the issuance ofpermits for the commencement of construction, LESSEE shall deliver to LESSOR onecomplete set of the final working plans and specifications as approved by the appropriategovernmental agencies. Changes from the preliminary plans and specifications shall beconsidered to be within the scope of the preliminary plans and specifications if suchchanges are made to comply with suggestions, requests or requirements of thegovernmental agencies.

C. Prior to commencing construction, LESSOR may require LESSEE tofurnish a performance and payment bond, and, if requested, Builder's Risk Insurance.

D. Upon compliance with the foregoing, and after settlement shall have beenmade with the insurance company or companies, and said proceeds of such insurancepolicy or policies shall have been paid to LESSEE, LESSEE shall commence such repair,replacement or rebuilding within a reasonable time and shall continue such work withreasonable diligence until completion.

5.04 INSURANCE PROCEEDS

Upon receipt by LESSEE and LESSOR of the proceeds of the insurance policy orpolicies, LESSEE shall deposit same in an escrow account to pay for the cost of suchrepair, replacement and rebuilding.

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If the amount of such insurance proceeds is insufficient to pay the costs of thenecessary repair, replacement or rebuilding of such damaged improvements, LESSEEshall pay any additional sums required, and if the amount of such insurance proceeds is inexcess of the costs thereof, the amount of such excess shall be retained by LESSEE.

5.05 CANCELLATION OF LEASE

Should the improvements on the leased premises be damaged or destroyed inwhole or in part by fire or other casualty during the initial term or during the option termof this lease, LESSEE shall be relieved of the obligation to repair, replace and rebuild thesame and shall have the right to cancel this lease by giving LESSOR written notice of itselection to do so within thirty (30) days after the date of any such damage or destruction.In such event, this lease shall terminate as of the date of such destruction. All rentspayable under this lease shall be prorated and paid to the date of such termination.

5.06 CONTENTS

Insurance on contents of building is the sole responsibility of the LESSEE.

5.07 PUBLIC LIABILITY INSURANCE

To the extent permitted by the Constitution and the laws of the State of Texas andwithout expanding the County's liability, LESSEE agrees to indemnify and hold harmlessLESSOR from any and all claims, damages, causes of action, costs 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 employee, agent,representative or invitee, from and against which LESSOR shall indemnify and holdLESSEE harmless. In this connection LESSEE shall carry and maintain public liabilityinsurance in minimum amounts of five hundred thousand dollars ($500,000.00) for eachaccident and fifty thousand dollars ($50,000.00) property damage in which LESSOR shallbe named as additional insured and as a co-insured. Such policies shall provide the 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. LESSOR reserves the right to accept or reject theinsurance company issuing such policy or policies based on LESSOR'S prior experiencewith any particular insurance company.

5.08 POLICIES AND MODIFICATIONS

Copies of all LESSEE'S policies and modifications shall be deposited withLESSOR no later than forty-five (45) days after the execution ofthis lease.

14


ARTICLE VITERMINATION, CANCELLATION, ASSIGNMENT AND TRANSFER

6.01 TERMINATION

This lease shall terminate at the end of the term of this lease. Notwithstanding theforegoing, LESSEE may terminate this lease at any time by giving LESSOR sixty (60)days written notice of termination.

All improvements made by LESSEE shall be removed from the leased premisesupon lease termination, subject to LESSEE'S obligation to grade and seed leasedpremises.

6.02 DEFAULT

The following events shall be deemed to be events of default by LESSEE underthis lease:

A. Be in arrears in the payment of the whole or any part of the rental amountsagreed upon hereunder for a period of ten (10) days after LESSOR has notified LESSEEin writing that payment was not received when due.

B. File in any court a petition in bankruptcy or insolvency or for theappointment of a receiver or trustee of all or a portion of LESSEE'S property;

C. Make any general assignment for the benefit of creditors;

D. Abandon the leased premises;

E. Default in the performance of any of the covenants and conditions requiredherein (except rental payments) to be kept and performed by LESSEE, and such defaultcontinues for a period of thirty (30) days after receipt of written noticefrom LESSOR to cure such default, unless during such thirty (30) day period, LESSEEshall commence and thereafter diligently perform such action as may be reasonablynecessary to cure such default;

F. Be adjudged bankrupt in involuntary bankruptcy proceedings; or

G. Be made a party to any receivership proceeding in which a receiver isappointed for the property or affairs of, LESSEE where such receivership is not vacatedwithin sixty (60) days after the appointment of such receiver.

In any of the aforesaid events, LESSOR may re-enter to take immediatepossession of the leased premises and remove LESSEE'S effects or assert its LESSOR'S

15


lien upon them as provided III paragraph 6.06, without being deemed guilty oftrespassing.

6.03 REPOSSESSION AND RELETTING

In the event of default by LESSEE hereunder which shall remain uncured after therequired notices have been given pursuant to this lease, and for such time as providedherein, LESSOR may at once thereafter, or at any time subsequent during the existence ofsuch breach or default:

A. Re-enter the demised premises or improvements or any part of them andrepossess them; and

B. Either cancel this lease by notice or without cancelling this lease, relet theleased premises or any part thereof upon such terms and conditions as shall appearadvisable to LESSOR. If LESSOR shall proceed to relet the leased premises and theamounts received from reletting the leased premises during any month or part thereof beless than the rent due and owing from LESSEE during such month or part thereof underthe terms of this lease, LESSEE shall pay such deficiency to LESSOR immediately uponcalculation thereof, providing LESSOR has exercised good faith in terms and conditionsof reletting. Payment of any such deficiencies shall be made monthly within ten (l0) daysafter receipt of notice of deficiency.

6.04 ASSIGNMENT AND TRANSFER

LESSEE shall have the right and privilege to assign or transfer this lease subjectto the prior written approval of LESSOR.

6.05 SUBLEASING

LESSEE shall have the right to sublease all or any part of the space demisedhereunder for the same purposes permitted under the terms and provisions of this lease,provided LESSEE first obtains LESSOR'S consent, such consent shall not beunreasonably withheld. Any such sublease shall be subject to the same conditions,obligations and terms as set forth herein and LESSEE shall be responsible for theobservance by its sublessees of the terms and covenants contained in this lease.

6.06 LESSOR'S LIEN

It is expressly agreed that in the event of default by LESSEE hereunder, LESSORshall have a lien upon all goods, chattels, personal property or equipment of anydescription belonging to LESSEE which are placed in or become a part of the leasedpremises a security for rent due and to become due for the remainder of the lease term,which lien shall not be in lieu of or in any way affect the statutory LESSOR'S lien givenby law.

16


Default on rental payments entitles LESSOR, at its option, to take whateverlawful action reasonably necessary to protect LESSOR'S interest in said property,including the storing of goods, secured by a LESSOR'S lien for non-payment of rent for areasonable time, as well as the selling of such goods at public or private auction for rentaldue, without waiving LESSOR'S right to the total rental due.

ARTICLE VIIMISCELLANEOUS

7.01 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 term of this lease, or any part thereof, or the collection of any rent due, or to becomedue hereunder, or recovery of possession of leased premises in the hands of an attorney,or files suit upon same, LESSEE agrees to pay LESSOR reasonable attorney's fees only ifLESSOR prevails in an enforcement action against LESSEE and payment of same shallbe secured in a like manner as herein provided as to lien for rent due.

7.02 LESSOR'S REPRESENTATION AND WAIVER

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

The waiver by LESSOR or LESSEE of performance of any provisions of thisagreement shall not amount to a future waiver of strict performance of such provision orany other provision of this agreement.

7.03 ANTI-DISCRIMINATION CLAUSES MANDATED BY FEDERALGOVERNMENT

A. AIRPORT AND AIRWAY DEVELOPMENT ACT OF 1970: TheLESSEE assures that it will undertake an affirmative action program as required by 14Code of Federal Regulations Part 152, Subpart E, to insure that no person shall on thegrounds ofrace, color, creed, national origin, or sex be excluded from participating in anyemployment activities covered by 14 Code of Federal Regulations Part 152, Subpart E.The LESSEE assures that no person shall be excluded on these grounds fromparticipating in or receiving the services or benefits of any program or activity covered bythis subpart. The LESSEE assures that it will require that its covered suborganizationsprovide assurances to the LESSEE that they similarly undertake affirmative actionprograms and that they will require assurance from their suborganizations, as required by14 Code of Federal Regulations Part 152, Subpart E, to the same effect.

17


B. The LESSEE for himself, his personal representatives, successors ininterest, and assigns, as a part of the consideration hereof, does hereby covenant andagrees as a covenant running with the land that: (l) no person on the grounds of race,color, or national origin shall be excluded from participating in, denied the benefits of, orbe otherwise subjected to discrimination in the use of said facilities, (2) that in theconstruction of any improvements on, over, or under such land and the furnishing ofservices thereon, no person on the grounds of race, color, or national origin shall beexcluded from participating in, denied the benefits of, or otherwise be subjected todiscrimination, (3) that the LESSEE shall use the premises in compliance with all otherrequirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in FederallyAssisted Program of the Department of Transportation, and as said Regulations may beamended.

C. That in the event of breach of any of the proceeding nondiscriminationcovenants, City of Laredo shall have the right to terminate the license, lease, permit, etc.,and to reenter and repossess said land and the facilities thereon, and hold the same as ifsaid lease had never been made or issued.

7.04 LAWS AND REGULATIONS

Further, LESSEE will keep and maintain the premises in a clean and healthfulcondition and comply with the laws, ordinances, orders, rules and regulations whetherState, Federal, or Municipal.

7.05 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.For the purpose of this provision, the term "storage" shall mean the placing of vehicles,equipment, supplies or any other items outside the building and which vehicles,equipment, supplies or any other items do not serve an actual day-to-daybusiness function.

7.06 HOUSEKEEPING

If accumulation of weeds, rubbish or items of equipment or supplies are permittedto remain on the premises and right-of-way areas up to the street curb more than ten (l0)days after a request in writing from the LESSOR to have them removed, the LESSOR orauthorized agent may enter upon the demised premises for the purpose of removing sameby whatever means it deems necessary but shall not have any affirmative duty to do so.Such entry shall not be deemed a trespass and the LESSOR shall not be subject to anyliability. The cost of such work shall be borne by the LESSEE.

7.07 MAINTENANCE AND LANDSCAPING

18


If landscaping areas are not maintained in accordance with the standardsprescribed by the LESSOR or the condition is not corrected within ten (l0) days afterwritten notice from the LESSOR, the LESSOR or its authorized agent shall have the rightto enter on any premises and plant or replant such areas, without being deemed guilty oftrespass. The costs therefor, as determined by the LESSOR, shall be paid by theLESSEE.

7.08 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 hereinalso agrees that garbage disposal is its sole responsibility, and agrees to comply with allrules and ordinances of the City and State regarding its storage and disposal.

7.09 CUMULATIVE RIGHTS AND REMEDIES

All rights and remedies of LESSOR enumerated in this lease shall be in additionto other rights or remedies allowed by law. Likewise, the exercise or failure to exerciseby LESSOR of any remedy provided for herein or allowed by law shall not preclude itsexercise of other remedies.

7.10 INTERPRETATION

Words of gender used in this lease shall be held and construed to include anyother gender, and words in the singular shall be held to include the plural and vise versaunless the context otherwise requires.

7.11 INVALIDITY OR ILLEGALITY OF PROVISIONS

The invalidity or illegality of any provisions shall not affect the remainder of thislease.

7.12 SUCCESSORS AND ASSIGNS

All of the terms, provisions, covenants and conditions of this lease shall inure tothe benefit of and being binding upon LESSOR and LESSEE and their successors,assigns, legal representatives, heirs, executors and administrators.

7.13 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.

7.14 TRAILERS, ABANDONED VEHICLES EXPRESSLY PROHIBITED

19


Towed vehicles or any motor vehicles not currently licensed and actively used, arenot permitted on the demised premises. Under this provision, vehicles, RV trailers,travel homes and mobile homes, wrecked or abandoned vehicles must be removed atLESSEE'S expense, and failure to do so shall constitute a breach of this lease.

7.15 CAPTIONS

Articles and headings are inserted only as a matter of convenience and forreference and in no way define, limit or describe the intent of any provision hereof, norare they meant to bind the LESSOR or LESSEE to the meaning of such heading.

7.16 RIGHT OF FLIGHT

LESSOR, for itself, its lessees, permittees, successors and assigns, reserves theright of flight for the passage of all types of aircraft now in existence or hereafter createdabove the leased premises. LESSOR, its consignees, lessees, permittees, licensees,successors and assigns shall likewise be entitled to cause such noise, smoke, vapors,sound effects and other distractions as may be inherent in the operation and flight of suchaircraft.

7.17 GOVERNING LAw\VENUE

This agreement shall be construed under and in accordance with the laws of theState of Texas. Venue of any action arising under this agreement shall lie in WebbCounty, Texas, or the Laredo Division of the Southern District of Texas.

7.18 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 paid, return receiptrequested, addressed to LESSEE as follows:

Webb CountyAttn: Mr. Eloy Ramirez1110 Washington Street, Suite 101Laredo, Texas 78040

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

7.19 SUBORDINATION OF LEASE

20

LEASE AMENDMENT BETWEEN TIlE CITY OF LAREDO AND WEBB COUNTY JUVENILE BOARD (100,357 SQUAREFEET OF LAND)

maintenance 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 contained in those certain contracts, agreements, resolutions and actions ofthe Cityof Laredo, Texas, constituting agreements between the City and the United States ofAmerica and its agent including but not limited to, the Federal Aviation Administration(FAA) and all regulations now and hereafter imposed upon the City and that the LESSORshall not be liable to LESSEE on account of any of the foregoing matters and all of suchcontracts, agreements, resolutions and regulations are incorporated herein by reference,and if any provision of this lease is determined to be a variance with same, such provisionis unilaterally reformable to 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 lease premises for the purpose set forth in paragraph 1.09; titled "Use and UseConflict" in this agreement.

7.20 NATIONAL EMERGENCY

During the time of war or national emergency, LESSOR shall have the right to leasethe landing area or any part thereofofthe United States Government for military or navaluse, and if such lease is executed, the provisions of this instrument insofar as they areinconsistent with the provisions ofthe lease to the Government, shall be suspended.

7.21 FAA APPROVAL

This agreement is subject to FAA and City Council approval and also constitutes apublic document under the Texas Open Meetings Act, being subject to public inspectionat any time hereafter.

7.22 AIRPORT HAZARD

The LESSEE and its successors and assigns, will not make or permit any use ofthe property which would interfere with landing or taking off of aircraft at the airport, orotherwise constitute an airport hazard. This includes such items as electrical andelectronic interference with communications, electrical or electronic equipment, creationof dust or glaring or misleading lights.

21

LEASE AMENDMENT BETWEEN THE CITY OF LAREDO AND WEBB COUNTY JUVENILE BOARD (100,357 SQUAREFEET OF LAND)

7.23 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.

7.24 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.

EXECUTED on this day of ---', 20_

CITY OF LAREDOa municipal corporation

BY:---------CARLOS VILLARREALCITY MANAGER

ATTEST:



BY:---------VALERIA M. ACEVEDOASSISTANT CITY ATTORNEY

WEBB COUNTY JUVENILE BOARD

BY:---------JUDGE RAUL VASQUEZCHAIRMAN, WEBB COUNTYJUVENILE BOARD

22



HOMERO RAMIREZCOUNTY ATTORNEY

23

DATE:12-1-08


SUBJECT: INTRODUCTORY ORDINANCEAuthorizing the City Manager to grant a License Agreement by andbetween The City of Laredo, Texas and VTX Communications, LP, ATexas limited partnership, dated December 2, 2008 for the use of one (1)innerduct in the Juarez Lincoln Bridge and 640 linear feet of right-of-way.1. Term of the agreement shall be for five (5) years commencing at 12:00am, December 2, 2008 and terminating at 12:00 pm, December 1, 2013. 2.Annual duct fee shall be $20,000.00 and will increase by five percent (5%)every year the license is in place. In addition to the duct fee, Licenseeshall pay a six dollar ($6.00) linear foot right-of-way fee, and will increaseby five percent (5%) every year.

INITIATED BY:Horacio de Leon, Asst. City Manager

PREVIOUS COUNCIL ACTION: None

BACKGROUND:

STAFF SOURCE:Heberto L. Ramirez, 1ST Director

The City of Laredo and VTX Communications, LP, A Texas limited partnership, entered intoa five (5) year license agreement beginning April 21, 2003, for the use of one (1) innerductin the Juarez Lincoln Bridge. The initial annual duct fee was $15,194.00 plus a $5.00 perlinear foot right-of-way fee; with a five percent (5%) annual increase on the duct fee only.This agreement expired on April 20, 2008 and continued in effect on a month to monthholdover status, terminable by either party upon one month's prior written notice. The cityand VTX have agreed to a five year license renewal. The city will receive a duct fee of$20,000.00 and will increase by 5% each year the extension is in place. In addition, VTXwill pay a $6.00 a linear foot right-of-way fee and will increase by 5% each year. VTXcurrently occupies 640 linear feet. VTX has agreed to pay the greater of the amountestablished by this license agreement or that amount that VTX, or a corporate affiliate,pays to any other entity to cross an international bridge located in the State of Texas.

FINANCIAL IMPACT: The city will receive an annual rent of $23,840 with a 5% increase oneach anniversary of the commencement date. Rent will be credited to General FundTelecommunications License line item #101-0000-311-1060

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:Staff recommends approval.

ORDINANCE NO. __ -0- __

AUTHORIZING THE CITY MANAGER TO GRANT ALICENSE AGREEMENT BY AND BETWEEN THE CITY OFLAREDO, TEXAS AND VTX COMMUNICATIONS, LP, ATEXAS LIMITED PARTNERSHIP, FOR THE USE OF ONE(1) INNERDUCT IN THE JUAREZ LINCOLN BRIDGE AND640 LINEAR FEET OF RIGHT-OF-WAY.

1. TERM OF THE EXTENSION SHALL BE FOR FIVE (5)YEARS COMMENCING AT 12:00 AM, DECEMBER 2,2008 AND TERMINATING AT 12:00 PM, DECEMBER 1,2013.

2. ANNUAL DUCT FEE SHALL BE $20,000.00 AND WILLINCREASE BY FIVE PERCENT (5%) EVERY YEARTHE LICENSE IS IN PLACE. IN ADDITION TO THEDUCT FEE, LICENSEE SHALL PAY A SIX DOLLAR($6.00) LINEAR FOOT RIGHT-OF-WAY FEE, ANDWILL INCREASE BY FIVE PERCENT (5%) EVERYYEAR.

WHEREAS, staff recommends that the City council approve the LicenseAgreement by and between the City of Laredo, Texas and VTX Communications, LP, aTexas limited partnership, dated December 2, 2008 for the use of one (1) innerduct in theJuarez Lincoln Bridge and 640 linear feet of right-of-way;

WHEREAS, VTX Communications, LP, A Texas limited partnership has agreedto pay the greater of the amount established by this license agreement or that amount thatVTX Communications, LP, A Texas limited partnership or a corporate affiliate, pays toany other entity to cross an international bridge located in the State of Texas; and

WHEREAS, staff finds that said license agreement is in the best interest of theCity of Laredo; and

WHEREAS, the City Council of the City of Laredo is of the same opinion.

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

SECTION 1. The City Manager be and is authorized to grant a LicenseAgreement by and between the City of Laredo, Texas and VTX Communications, LP, ATexas limited partnership, dated December 2, 2008 for the use of one (1) innerduct in theJuarez Lincoln Bridge, a copy of which is attached hereto as Exhibit "A" andincorporated herein as if set out at length for all intents and purposes.

SECTION 2. This ordinance shall become effective upon passage hereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ONTHIS THE __ DAY OF DECEMBER, 2008.

Raul G. SalinasMayor

ATTEST:



Raul CassoCity Attorney

BY: _Raul CassoCity Attorney

LICENSE

THIS LICENSE, made this __day August, 2008, by and between THE CITY OFLAREDO, TEXAS, a municipal corporation, hereinafter designated the "Licensor" and VTXCOMMUNICATIONS, LP, a Texas limited partnership, hereinafter designated the "Licensee"(and collectively "Parties").

ACKNOWLEDGEMENT

1. The Parties acknowledge that there are ongoing disputes regarding Licensee'scompliance with the terms of license agreements covering time periods prior to the Term of thisLicense. Nothing in this License shall be read as the Landlord forgiving or excusing any suchclaims nor the Licensee confessing judgment of said claims.

AGREEMENT

2. The Licensor, in consideration of the fees to be paid and the covenants andagreements to be performed by the Licensee, does hereby grant non exclusive permission untothe Licensee to use the following described premises and property situated in the Juarez LincolnBridge "Bridge" and appurtenant buildings, passages and manholes owned by the Licensorbetween the City of Laredo, Texas, USA and the International Boundary line between Mexicoand the United States of America:

3. One (1) innerduct in a shared duct system in the Juarez Lincoln Bridgeinfrastructure together with sufficient and suitable right of access thereto and sufficient andsuitable space in various splicing chambers thereof; for the installation, maintenance, repair andoperation of cables, not to exceed §. inches in diameter therein; the location of said duct and otherdetail being set forth on the Diagram attached hereto as Schedule "A" forming a part hereof.

4. All parties acknowledge that it shall be the Licensee's sole responsibility, and atLicensee's sole cost to independently secure any right of access required by the Licensee in,through or on the Mexico side of the Bridge and areas within the United States not specificallyconferred in this License.

5. All parties further acknowledge that this License is not a franchise pursuant toTexas Transportation. Code Ann. § 311.071 (West 1996), nor is it a permit to string or burytelecommunications lines in the public rights-of-way. Any such franchise or permit must beobtained separately from Licensor.

TERM, RENT AND RENEWAL

6. Term: The term of the permission herein granted shall be for a period of five (5)years commencing at 12:00 am on the 2nd day of December, 2008 and ending eleven fifty nine(11:59 p.m.) on the 1st day of December, 2013.

7. Annual Fees: Licensee hereby covenants and agrees to pay both an annual feeper duct plus the annual right-of-way fee (collectively referred to as "Annual Fees") in advance,

upon execution of this instrument, and on the same date each succeeding year thereafter as setforth respectively in the table below.

a) Licensee shall also include a certification with the payment that this amount is nolower than the fee it, or any of its subsidiaries, pays for the use of a single duct tocross any international bridge in the State of Texas.

b) The Parties agree that the rights-of-way fee is based on a six dollar ($6.00) alinear foot rights-of-way fee. The Parties further agree that the Licensee currentlyoccupies six hundred and forty (640) linear feet. Finally, the Parties agree thatunless prohibited by law, the linear rights-of-way foot fee shall increase by fivepercent (5%) every year this License is in effect.

c) Nothing in this License shall be read to prevent the Parties from expanding thenumber of ducts or linear feet of rights-of-way occupied by Licensee oncomparable terms as agreed here.

Year of Term Annual Fee Per Duct Right-of-Way Fee Total Fee

First $20,000.00 640'@$6.00 =$3,840.00 $23,840.00Second $21,000.00 640'@$6.30 =$4,032.00 $25,032.50Third $22,050.00 640'@$6.62 =$4,236.80 $26,286.80Fourth $23,152.50 640'@$6.95 =$4,448.00 $27,600.50

Last $24,310.00 640'@$7.29 =$4,665.60 $28,975.60

8. The Licensee agrees and covenants that the annual fees payable by it shall beabsolutely net to the Licensor and without limiting the generality of the foregoing, acknowledgesits liability to pay any federal tax, state tax, or local tax which might be applicable and dueincluding ad valorem taxes, municipal realty taxes or other rates and charges, if any, levied orimposed on or with respect to Licensee's use of said duct.

9. The Licensee covenants and agrees, without prejudice to any other remedy onbehalf of the Licensor, to pay interest on Annual Fees and other payments payable by orrecoverable from the Licensee at the rate of fifteen percent (15%) per annum if such fees or otherpayments are not paid or made when due.

EARLY TERMINATION

10. It is further understood and agreed by and between the parties hereto that thelicenses and permissions herein granted may be terminated by either party upon six (6) monthswritten notice to the other and the Licensee shall remove, at Licensee's expense, its cables andequipment prior to such termination date; provided that if the Licensee fails to remove the sameaforesaid, the Licensor may remove such cables and equipment and the expense of such removalshall be paid by and recoverable from the Licensee forthwith on demand. In the event of anysuch early termination, the Annual Fee for the use of the duct and rights-of-way shall be proratedaccordingly, but only after any fees owed to Licensor for removal of Licensee's equipment havebeen deducted.

11. This License may be terminated by Licensee immediately upon giving writtennotice to Licensor of:

a) A required governmental certificate, permit, license or other approval beingcanceled; or

b) Any other action that affects the continuance of the License, so long as suchcancellation or action is not the result of any act or omission by Licensee;

c) Licensor breaches a representation or warranty contained in this License; or

d) Licensor fails to have proper ownership of the premises and/or authority to enterinto this License.

12. It is further understood and agreed by and between the parties hereto that if theLicensor or Licensee at any time exercises their power to:

a) Terminate this agreement;

b) Demand the removal of the Licensee's cables and equipment; or

c) Revoke the permission granted herein,

Neither the Licensor nor Licensee shall be liable to pay compensation for any loss, costs ordamages, other than the removal costs provided for above, which may be incurred by theLicensee or Licensor or any person making such claims under the License by reason of suchtermination, demand, or revocation.

13. If this License is terminated at a time other than on the last day of the term year,Annual Fees shall be prorated as of the date of termination and all prepaid Annual Fees shall berefunded to the Licensee if the termination is brought about by the actions of Licensor. If thetermination is brought about by the Licensee, then such prepaid refund shall not apply.Furthermore, rent shall be owed until Licensee has removed from the bridge all of its equipment.

HOLD OVER STATUS

14. It is agreed that in the event of the Licensee herein holding over after thetermination of the Term of this Agreement, the License shall be deemed to be on a month-tomonth basis in the absence of a written agreement to the contrary. The payments for suchholdover status will be equal to one-twelfth (1/12) of the Annual Fee paid by Licensee during thelast year of the agreement's term, increased by five percent (5%) for each year of the holdover.Either party, upon one month prior written notice, may terminate the Agreement operating in ahold over status.

USE OF PREMISES

15. Licensee shall use the Premises for any lawful purpose. Still, the partiesrecognize that Licensee intends to employ the premises for the deployment oftelecommunications cabling and must obtain Licensor permission before any other activity takesplace. Such permission shall not be unreasonably withheld or delayed by Licensor.

16. Licensee shall, at its own expense, comply with all present and future federal,state, and local laws, ordinances, rules and regulations (including laws and ordinances relating tohealth, safety, radio frequency emissions, and radiation) in connection with the use, operation,maintenance, construction and/or installation of the Premises.

REPAIR

17. It is understood and agreed that if the premises hereby licensed shall be damagedor destroyed in whole or in part during the term thereof, the Licensor will repair and restore thesame to a good and useable condition with reasonable dispatch and that the fees herein providedfor shall be abated entirely until the said premises have been so repaired and restored.

18. It is further understood and agreed that the Licensor will maintain and repair thepremises hereby licensed at its own expense. This duty shall be and remain during the Term ofthis License to keep the premises in a safe, suitable and proper condition for receiving andcarrying the Licensee's said cables and so as to permit the proper operation of such cablestherein. Provided, however, that in the event of total or substantially total damage to ordestruction of the Bridge in whole or in part, such that repairs may not be reasonably effectedwithin thirty (30) days thereof, either party may forthwith terminate this agreement upon writtennotice thereof, and paragraph 11 (Early Termination) hereof shall apply. In case Licensor doesnot repair the premises in such 30 days term, Licensee will be entitled to stop paying the annualfees until the reparation is made by Licensor or at its option terminate this agreement with noresponsibility.

LIMITATION OF LIABILITY

19. The Licensor shall not be responsible or liable to the Licensee for any loss ordamage to persons or property that may be occasioned by or through the acts or omissions ofpersons occupying adjoining ducts. Nor shall the Licensor be responsible or liable to theLicensee or its agents or employees for any loss or damage unless such loss or damage shall becaused by willful and intentional act or negligence of the Licensor or its agents or employees.The Licensor shall not be responsible or liable for any loss or damage to persons or propertyoccasioned by the negligence of the Licensee or its agents or employees, the Licensee herebyagrees to accept full responsibility therefore and to indemnify Licensor as provided belowagainst any claims that might arise from such actions.

20. Damage to or destruction of Licensee's property shall not be made theresponsibility of Licensor, its agents, contractors, officers or employees.

21. In the event that a third party damages, by any means, the property of theLicensee, the Parties agree that the Licensor shall provide to the Licensee, upon written request,any relevant documentation or data in its possession, which is publicly available and necessaryfor the Licensee to legally proceed against such third party.

SUBLICENSE AND USE

22. Licensee represents and warrants that Licensee shall at all times maintainexclusive control over the inner duct and the fiber optic cable located in the inner duct. The soleright to access, maintain, repair, remove and otherwise utilize the inner duct and fiber optic cablelocated therein shall at all times be and remain exclusively under Licensee's sole control.Licensee may not sublicense the inner duct Any unauthorized sublicense shall, at the Licensor's

discretion, result in immediate termination and forfeiture of any prepaid Annual Fees in additionto such other remedies available to Licensor at law or in equity for such breach.

OPERATIONAL RIGHTS

23. Subject to the approval of the Licensor, which approval shall not be unreasonablywithheld or delayed, Licensee and its employees, servants, agents and contractors shall have theright of ingress and egress without charge to the said Bridge and appurtenant buildings andpremises at any hour of any day for the purpose of maintenance, repair and installation ofLicensee's property.

RELEASEIINSURANCE/INDEMNIFICATION

24. It is further understood and agreed by and between the parties that by theexecution of this agreement, the Licensee does hereby expressly and completely hold harmless,indemnify and release the Licensor from any and all liabilities, suits, claims and demand(whether for property damage or for personal injury or death and whether founded in tort,contract or quasi-contract) which at any time might be exerted by the Licensee arising out of theexistence, use, repair, maintenance or removal of its cables, provided that any such liability, suit,claim or demand does not arise wholly from the Licensor's negligence.

25. The Licensee further covenants and agrees to indemnify and save harmlessLicensor from and against all loss, costs or damages which the Licensor may suffer or be put toand from against all claims or actions which may be made or brought against the Licensor byreason of said cables, their construction, existence, repair or maintenance or resulting therefromin any way whatsoever, provided that any such loss, costs, damages, claims or actions so not toarise wholly from the Licensor's negligence.

26. Licensee and its contractors shall produce where applicable, prior to commencingany installation, repair, or maintenance work on the Premises, a certificate of original insurancepolicy evidencing that Licensee has obtained all insurances required by law, but at no time to bein amounts less than those outlined below:

a) Commercial General Liability insurance at minimum combined single limits of$1,000,000 per-occurrence and $2,000,000 general aggregate for bodily injury and propertydamage, which coverage shall include products/completed operations ($1,000,000 products/completed operations aggregate), and XCV (Explosion, Collapse, Vnderground)hazards.Coverage for products/completed operations must be maintained for at least two (2) years afterthe construction work has been completed. Coverage must be amended to provide for an eachproject aggregate limit of insurance. An alternative would be to have separate limits for all linesof General Liability coverage for each project.

b) Workers Compensation insurance at statutory limits, including EmployersLiability coverage a minimum limits of $1 ,000,000 each-occurrence each accident/$l ,000,000 bydisease each-occurrence/$l ,000,000 by disease aggregate.

c) Builders Risk coverage as follows:

I) All Risk Builders Risk insurance, including collapse coverage, isrequired on a completed value form if the contract is for the construction of astructure or building.

2) The Builders Risk policy must provide transit and off-premisescoverage if the contract with the builder makes the City of Laredo responsible formaterials. The deductible shall not exceed $5,000.

c) Commercial Automobile Liability insurance at minimum combined single limitsof $1,000,000 per-occurrence for bodily injury and property damage, including owned, nonowned, and hired car coverage.

27. With reference to the foregoing insurance requirement, Lessee shall specificallyendorse applicable insurance policies as follows:

a) The City of Laredo shall be named as an additional insured with respect toGeneral Liability and Automobile Liability.

b) All liability policies shall contain no cross liability exclusions or insuredversus insured restrictions.

c) A waiver of subrogation in favor of The City of Laredo shall be contained inthe Workers Compensation, builders risk, and all liability policies.

d) All insurance policies shall be endorsed to require the insurer to immediatelynotify The City of Laredo of any material change in the insurance coverage.

e) All insurance policies shall be endorsed to the effect that The City of Laredowill receive at least sixty (60) days' notice prior to cancellation or non-renewal of the insurance.

f) All insurance policies, which name The City of Laredo as an additionalinsured, must be endorsed to read as primary coverage regardless of the application of otherInsurance.

g) Required limits may be satisfied by any combination of primary and umbrellaliability insurances.

h) Licensee may maintain reasonable and customary deductibles, subject toapproval by The City of Laredo.

i) Insurance must be purchased from insurers that are financially acceptable tothe City of Laredo.

28. All insurance must be written on forms filed with and approved by the TexasDepartment of Insurance. Certificates of Insurance shall be prepared and executed by theinsurance company or its authorized agent and shall contain provisions representing andwarranting the following:

a) Sets forth all endorsements and insurance coverage's according to requirementsand instructions contained herein.

b) Shall specifically set forth the notice-of-cancellation or termination provisionsto The City of Laredo.

29. Upon request, Licensee shall furnish The City of Laredo with certified copies ofall insurance policies.

COMPLIANCE WITH LAW

30. Licensee acknowledges that it shall be the Licensee's sole responsibility and atLicensee's sole cost to apply for and obtain any permit, authorization, or other permission fromany international, federal, provincial or local government, board, tribunal, commission, agencyor other authority exercising jurisdiction over the Licensee or relating to Licensee's operationsand occupation in, on, to or through said Bridge.

HAZARDOUS SUBSTANCE INDEMNIFICATION

31. Licensee warrants that its use of the Premises herein will not generate anyHazardous Substance, as defined below, and that it will not store or dispose on the Premises, nortransport to or over the Premises, any Hazardous Substance in violation of law. "HazardousSubstance" shall be interpreted broadly to mean any substance or material defined or designatedas hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactivesubstance, or other similar term by any federal, state or local environmental law, regulation orrule presently in effect or promulgated in the future, as such laws, regulations or rules may beamended from time to time.

INSPECTION

32. Notwithstanding any provision of this License to the contrary, Licensor retains theright to enter upon the licensed property, at any time and without notice to Licensee, andassuming no obligation to Licensee, to remove any of the licensed improvements or alterationsthereof, whenever such removal is deemed necessary by Licensor for (a) exercising Licensor'srights or duties with respect to the licensed property; (b) protecting persons or property; or (c) thepublic health or safety with respect to the licensed property.

DEFAULT AND CURE

33. The following shall be events of default:

a) Licensee fails to make any payment or provision of Annual Fees or any othersums to Licensor when due, and does not cure such default within thirty (30) days after writtennotice from Licensor;

b) Licensee fails to meet or perform any other covenant or condition of this Licenseand does not cure such other default within thirty (30) days after written notice from Licensorspecifying the default complained of;

c) Licensee abandons or vacates the Premises without paying Annual Fees;

d) Licensee is adjudicated a bankrupt or makes any assignment for the benefit ofcreditors.

34. If a non-monetary default may not reasonably be cured within a 30 day period,this License may not be terminated if the defaulting party commences action to cure the defaultwithin such thirty (30) day period and proceeds with due diligence to fully cure the default.

35. In the event of a default, Licensor shall have the right, at its option, in addition toand not exclusive of any other remedy Licensor may have by operation of law, without anyfurther demand or notice, to re-enter the Premises and eject all persons therefrom, and either:

a) Declare this License at an end, in which event Licensee shall immediately payLicensor a sum ofmoney equal to the total of:

1) The amount of the unpaid Annual Fees accrued through the date oftermination;

2) The amount by which the unpaid Annual Fees reserved for the balance ofthe term exceeds the amount of such rental loss that the Licensee proves could be reasonablyavoided (net of the reasonable costs of such reletting); and

3) Any other reasonable amount necessary to compensate Licensor for alldetriment proximately caused by Licensee's failure to perform its obligations under the License;provided, however, nothing contained herein shall in any way limit Licensor's duty to mitigateits damages, or

b) Without terminating this License, re-license the Premises, or any part thereof, forthe account of Licensee upon such terms and conditions as Licensor may deem advisable, andany monies received from such re-licensing shall be applied first to the expenses of such relicensing and collection, including reasonable attorneys' fees, any commissions paid, andthereafter toward payment of all sums due or to become due Licensor hereunder. If a sufficientsum shall not be thus realized to pay such sums and other charges, Licensee shall pay Licensorany deficiency monthly, notwithstanding that Licensor may have received rental in excess of theAnnual Fees stipulated in this License in previous or subsequent months, and Licensor may bringan action therefor as such monthly deficiency shall arise.

36. No re-entry and taking of possession of the Premises by Licensor shall beconstrued as an election on Licensor's part to terminate this License, unless written notice ofsuch intention is given to Licensee by Licensor. Notwithstanding any re-licensing withouttermination, Licensor may at any time thereafter elect to terminate this License for such previousbreach.

SUCCESSOR, ASSIGNS and MISCELLANEOUS

37. It is further understood and agreed by and between the parties hereto that thisagreement shall be binding upon and enures to the benefit of the Parties hereto and theirrespective successors and permitted assigns (it being acknowledged that the Licensor may notarbitrarily withhold its consent to any sublicensing or assignment of the permission grantedherein), that this License consists of and incorporates the main body and the attached Schedule"A", and that words importing the masculine gender and the plural, as the case may be, and viceversa, respectively.

NOTICES

38. All notices, requests, demands, and other communications hereunder shall be inwriting and shall be deemed given if personally delivered or mailed, certified mail, return receiptrequested, or by overnight courier to the following addresses:

If to Landlord:

With a copy to:

If to Licensee:

With a copy to:

City of Laredo1110 HoustonLaredo, Texas 78040Attn: City Attorney andTelecommunications Director

Gerard Lavery Lederer.Miller & Van Eaton, P.L.L.C.1155 Connecticut Avenue, N.W.Suite 1000Washington, D.C. 20036-4306

VTX Communications, LPAttn: General Manager401 E. Jackson Ave.Harlingen, TX 78550

VTX Communications, LPAttn: General Manager480 South 6th StreetRaymondville, Texas 78580-2487

AUDIT AUTHORITY

39. Licensee shall be responsible for providing to Licensor all records necessary toconfirm the accurate payment of rent due under the License.

40. Licensor shall have the right to inspect and copy Licensee's records, whether therecords are held by the Licensee, an Affiliate, or any other entity that collects or receives fundsrelated to the Licensee's operations governed by this License.

41. Intentionally Omitted.

42. Licensor's audit expenses shall be borne by the Licensor unless the audit disclosesan underpayment of more than five percent (5%). In the event the underpayment is greater thanfive percent (5%), the costs of the audit shall be borne by Licensee. Any additional amounts andaudit expenses due to Licensor as a result of the audit shall be paid within thirty (30) daysfollowing written notice to the Licensee of the underpayment, which notice shall include a copyof the audit report.

PRIORITY USE

43. This License is made expressly subject and subordinate to the present and futureright of the Licensor, its successors, assign, lessees, grantees, and licensees, to construct, install,establish, maintain, use, operate and renew any public utilities or facilities, franchised publicutilities, roads or streets, on, beneath or above the surface of the licensed property described inSchedule A; provided, however, that Licensor shall endeavor to ensure that such improvementsdo not interfere with or destroy Licensee's use of the licensed property.

44. Nothing in this License shall be construed to limit, in any way, the power of theLicensor to widen, alter, or improve the licensed property subject to this License, pursuant toofficial action by the governing body of the City of Laredo, or its successors.

a) Licensor agrees, but not at the expense of Licensor, to cooperate with theLicensee, in effecting such widening, alteration or improvement of the licensedproperty so that Licensee's operations and improvements on the licensed propertywill not be materially affected thereby.

IN WITNESS WHEREOF, the parties hereto have executed this License Agreement inaccordance with law.

LICENSOR:

THE CITY OF LAREDO, TEXAS, USA

BY: Carlos R. VillarrealCITY MANAGER

ATTEST:

BY: GUSTAVO GUEVARACITY SECRETARY


Raul CassoCITY ATTORNEY

Raul Casso

LICENSEE:

VTX COMMUNICATIONS, LPBy: VTX Ventures, LLC, its General Partner

BY:

STATE OF TEXAS §

COUNTY OF WEBB §

Before me, the undersigned, a Notary Public in and said County and State, on this __day of __, 20_, personally appeared to me known to be theidentical person who subscribed the name of the City of Laredo to the foregoing License as itsidentical person and he acknowledged to me that he executed the same as his free and voluntaryact and deed, and as the free and voluntary act and deed of such corporation, for the uses andpurposes herein set forth.

Given under my hand and seal of office the day and year last above written.

Notary Public(seal)

STATE OF TEXAS §

COUNTY OF WEBB §

Before me, the undersigned, a Notary Public in and for said County and State, on this___ day of , 20__, personally appeared , to me knownto the identical person who subscribed the name of VTX Ventures, LLC, General Partner ofVTX Communications, LP to the foregoing License as its identical person and he acknowledgedto me that he executed the same as his free and voluntary act and deed, and as the free andvoluntary act and deed of such corporation, for the uses and purposes therein set forth.


Notary Public(seal)

DATE:12-1-08


SUBJECT: INTRODUCTORY ORDINANCEAuthorizing the City Manager to grant a License Agreement by andbetween The City of Laredo, Texas and Bestel USA, Inc., dated December16, 2008 for the use of one (1) innerduct in the Juarez Lincoln Bridge and566 linear feet of right-of-way.1. Term of the agreement shall be for five (5) years commencing at 12:00am, December 16, 2008 and terminating at 12:00 pm, December 15, 2013.2. Annual duct fee shall be $20,000.00 and will increase by five percent(5%) every year the license is in place. In addition to the duct fee,Licensee shall pay a six dollar ($6.00) linear foot right-of-way fee, and willincrease by five percent (5%) every year.

INITIATED BY:Horacio de Leon, Asst. City Manager


BACKGROUND:

STAFF SOURCE:Heberto L. Ramirez, 1ST Director

The City of Laredo and Bestel USA, Inc., entered into a five (5) year license agreementbeginning November 4, 2002 for the use of one (1) innerduct in the Juarez Lincoln Bridge.The initial annual duct fee was $15,194.00 plus a $5.00 per linear foot right-of-way fee; witha five percent (5%) annual increase on the duct fee only. This agreement expired onNovember 3, 2007 and continued in effect on a month to month holdover status, terminableby either party upon one month's prior written notice. The city and Bestel have agreed to afive year license renewal. The city will receive a duct fee of $20,000.00 and will increase by5% each year the extension is in place. In addition, Bestel will pay a $6.00 a linear footright-of-way fee and will increase by 5% each year. Bestel currently occupies 566 linearfeet. Bestel has agreed to pay the greater of the amount established by this licenseagreement or that amount that Bestel, or a corporate affiliate, pays to any other entity tocross an international bridge located in the State of Texas.

FINANCIAL IMPACT: The city will receive an annual rent of $23,396 with a 5% increase oneach anniversary of the commencement date. Rent will be credited to General FundTelecommunications License line item #101-0000-311-1060

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:Staff recommends approval.

ORDINANCENO. __ -0- __

AUTHORIZING THE CITY MANAGER TO GRANT ALICENSE AGREEMENT BY AND BETWEEN THE CITY OFLAREDO, TEXAS AND BESTEL USA, INC. FOR THE USEOF ONE (1) INNERDUCT IN THE JUAREZ LINCOLNBRIDGE AND 566 LINEAR FEET OF RIGHT-OF-WAY.

1. TERM OF THE EXTENSION SHALL BE FOR FIVE (5)YEARS COMMENCING AT 12:00 AM, DECEMBER 16,2008 AND TERMINATING AT 12:00 PM, DECEMBER15,2013.

2. ANNUAL DUCT FEE SHALL BE $20,000.00 AND WILLINCREASE BY FIVE PERCENT (5%) EVERY YEARTHE LICENSE IS IN PLACE. IN ADDITION TO THEDUCT FEE, LICENSEE SHALL PAY A SIX DOLLAR($6.00) LINEAR FOOT RIGHT-OF-WAY FEE, ANDWILL INCREASE BY FIVE PERCENT (5%) EVERYYEAR.

WHEREAS, staff recommends that the City council approve the LicenseAgreement by and between the City of Laredo, Texas and Bestel USA, Inc., datedDecember 16, 2008 for the use of one (l) innerduct in the Juarez Lincoln Bridge and 566linear feet ofright-of-way;

WHEREAS, Bestel USA, Inc. has agreed to pay the greater of the amountestablished by this license agreement or that amount that Bestel USA, Inc., or a corporateaffiliate, pays to any other entity to cross an international bridge located in the State ofTexas; and

WHEREAS, staff finds that said license agreement is in the best interest of theCity of Laredo; and

WHEREAS, the City Council of the City of Laredo is of the same opinion.

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

SECTION 1. The City Manager be and is authorized to grant a LicenseAgreement by and between the City of Laredo, Texas and Bestel USA, Inc., datedDecember 16, 2008 for the use of one (1) innerduct in the Juarez Lincoln Bridge, a copyof which is attached hereto as Exhibit "A" and incorporated herein as if set out at lengthfor all intents and purposes.

SECTION 2. This ordinance shall become effective upon passage hereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ONTHIS THE __ DAY OF DECEMBER, 2008.

Raul G. SalinasMayor

ATTEST:



Raul CassoCity Attorney

BY: _Raul CassoCity Attorney

LICENSE

1. THIS LICENSE, made this __ day of , 2008, by and betweenTHE CITY OF LAREDO, TEXAS, a municipal corporation, hereinafter designated the"Licensor" and Bestel USA, Inc. a Nevada Corporation, hereinafter designated the "Licensee,"and collectively "Parties."

AGREEMENT

2. The Licensor, in consideration of the fees to be paid and the covenants andagreements to be performed by the Licensee, does hereby grant non exclusive permission untothe Licensee to use the following described premises and property situated in the Juarez LincolnBridge "Bridge" and appurtenant buildings, passages and manholes owned by the Licensorbetween the City of Laredo, Texas, USA and the International Boundary line between Mexicoand the United States of America:

One (1) innerduct in a shared duct system in the Juarez Lincoln Bridgeinfrastructure together with sufficient and suitable right of access thereto andsufficient and suitable space in various slicing chambers thereof; for theinstallation, maintenance, repair and operation of cables, not to exceed 6 inches indiameter therein; the location of said duct and other detail being set forth on theDiagram attached hereto as Schedule "A" forming a part hereof.

3. All Parties acknowledge that it shall be the Licensee's sole responsibility, and atLicensee's sole cost to independently secure any right of access required by the Licensee in,through or on the Mexico side of the Bridge and areas within the United States not specificallyconferred in this License.

4. All Parties further acknowledge that this License is not a franchise pursuant toTexas Transportation Code Ann. § 311.071 (West 1996), nor is it a permit to string or burytelecommunications lines in the public rights-of-way. Any such franchise or permit must beobtained separately from Licensor.

TERM, RENT AND RENEWAL

5. Term: The term of the permission herein granted shall be for a period of five (5)years commencing at twelve (12:00 a.m.) on the __ day of , 2008 and endingeleven fifty-nine (11:59 p.m.) on the __ day of ,2013.

6. Annual Fees: Licensee hereby covenants and agrees to pay both an annual fee perduct plus the annual right-of-way fee (collectively referred to as "Annual Fees") in advance,upon execution of this instrument, and on the same date each succeeding year thereafter as setforth respectively in the table below.

a) Licensee shall also include a certification with the payment that thisamount is no lower than the fee it, or any of its subsidiaries, pays for the use of asingle duct to cross any international bridge in the State ofTexas.

Page 1 of 13

b) The Parties agree that the rights-of-way fee is based on a six dollar ($6.00)a linear foot rights-of-way fee. The Parties further agree that the Licenseecurrently occupies five hundred sixty-six (566) linear feet. Finally, the Partiesagree that unless prohibited by law, the linear rights-of-way foot fee shall increaseby five percent (5%) every year this License is in effect.

c) Nothing in this License shall be read to prevent the Parties from expandingthe number of ducts or linear feet of rights-of-way occupied by Licensee oncomparable terms as agreed here.

Year ofTerm Annual Fee Per Duct Right-of-Way Fee Total Fee

First $20,000.00 566' @6.00 = $3,396.00 $23,396.00Second $21,000.00 566' @6.30 = $3,565.80 $24,565.80Third $22,050.00 566' @6.62 = $3,746.92 $25,796.92Fourth $23,152.50 566' @6.95 = $3,933.70 $27,086.20Last $24,310.13 566' @7.30 = $4,131.80 $28,441.93

7. The Licensee agrees and covenants that the annual fees payable by it shall beabsolutely net to the Licensor and without limiting the generality of the foregoing, acknowledgesits liability to pay any federal tax, state tax, or local tax which might be applicable and dueincluding ad valorem taxes, municipal realty taxes or other rates and charges, if any, levied orimposed on or with respect to Licensee's use of said duct.

8. The Licensee covenants and agrees that, without prejudice to any other remedy onbehalf of the Licensor, interest on fees and other payments payable by or recoverable from theLicensee at the rate of fifteen percent (15%) per annum if such fees or other payments are notpaid or made when due.

EARLY TERMINATION

9. It is further understood and agreed by and between the Parties hereto that thelicenses and permissions herein granted may be terminated by either party upon six (6) monthswritten notice to the other and the Licensee shall remove, at Licensee's expense, its cables andequipment prior to such termination date; provided that if the Licensee fails to remove the sameaforesaid, the Licensor may remove such cables and equipment and the expense of such removalshall be paid by and recoverable from the Licensee forthwith on demand. In the event of anysuch early termination, the annual fee for the use of the duct and rights-of-way shall be proratedaccordingly, but only after any fees owed to Licensor for removal of Licensee's equipment havebeen deducted.

10. This License may be terminated by Licensee immediately upon given writtennotice to Licensor of:

a) A required governmental certificate, permit, license or other approvalbeing canceled; or

Page 2 of 13

b) Any other action that affects the continuance of the License, so long assuch cancellation or action is not the result of any act or omission by Licensee;

c) Licensor breaches a representation or warranty contained in this License;or

d) Licensor fails to have proper ownership ofthe premises and/or authority toenter into this License.

11. It is further understood and agreed by and between the Parties hereto that if theLicensor or Licensee at any time exercises their power to:

a) Terminate this agreement;

b) Demand the removal of the Licensee's cables and equipment; or

c) Revoke the permission granted herein,

neither the Licensor nor Licensee shall be liable to pay compensation for any loss, costs ordamages, other than the removal costs provided for above, which may be incurred by theLicensee or Licensor or any person make such claims under the License by reason of suchtermination, demand, or revocation.

12. If this License is terminated at a time other than on the last day of the term year,annual fees shall be prorated as of the date of termination and all prepaid annual fees shall berefunded to the Licensee if the termination is brought about by the actions of Licensor. If thetermination is brought about by the Licensee, then such prepaid refund shall not apply.Furthermore, rent shall be owed until Licensee has removed from the bridge all of its equipment.

HOLD OVER STATUS

13. It is agreed that in the event of the Licensee herein holding over after thetermination of the Term of this Agreement, the License shall be deemed to be on a month-tomonth basis in the absence of a written agreement to the contrary. The payments for suchholdover status will be at rates that are equal to the last year of the agreement's term, increasedby five percent (5%) for each year of the holdover. Either party, upon one month prior writtennotice, may terminate the Agreement operating in a hold over status.

USE OF PREMISES

14. Licensee shall use the Premises for any lawful purpose. Still, the Partiesrecognize that Licensee intends to employ the premises for the deployment oftelecommunications cabling and must obtain Licensor permission before any other activity takesplace. Such permission shall not be unreasonable withheld or delayed by Licensor.

15. Licensee shall, at its own expense, comply with all present and future federal,state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to

Page 3 of 13

health, safety, radio frequency emissions, and radiation) in connection with the use, operation,maintenance, construction and/or installation of the Premises.

REPAIR

16. It is understood and agreed that if the premises hereby licensed shall be damagedor destroyed in whole or in part during the term thereof, the Licensor will repair and restore thesame to a good and useable condition with reasonable dispatch and that the fees herein providedfor shall be abated entirely until the said premises have been so repaired and restored.

17. It is further understood and agreed that the Licensor will maintain and repair thepremises hereby licensed at its own expense. This duty shall be and remain during the Term ofthis License to keep the premises in a safe, suitable and proper condition for receiving andcarrying the Licensee's said cables and so as to permit the proper operation of such cablestherein. Provided, however, that in the event of total or substantially total damage to ordestruction of the Bridge in whole or in part, such that repairs may not be reasonable be effectedwithin thirty (30) days thereof, either party may forthwith terminate this agreement upon writtennotice thereof, and paragraph 11 (Early Termination) hereof shall apply. In case Licensor doesnot repair the premises in such 30 days term, Licensee will be entitled to stop paying the annualfees until the reparation is made by Licensor or at its option terminate this agreement with noresponsibility.


18. The Licensor shall not be responsible or liable to the Licensee for any loss ordamage to persons or property that may be occasioned by or through the acts or omissions ofpersons occupying adjoining ducts. Nor shall the Licensor be responsible or liable to theLicensee or its agents or employees for any loss or damage unless such loss or damage shall becaused by willful and intentional act or negligence of the Licensor or its agents or employees.The Licensor shall not be responsible or liable for any loss or damage to persons or propertyoccasioned by the negligence of the Licensee or its agents or employees, the Licensee herebyagrees to accept full responsibility therefore and to indemnify Licensor as provided belowagainst any claims that might arise from such actions.

19. Damage to or destruction of Licensee's property shall not be made theresponsibility of Licensor, its agents, contractors, officers or employees.

20. In the event that a third party damages, by any means, the property of theLicensee, the Parties agree that the Licensor shall provide to the Licensee, upon written request,any relevant documentation or data in its possession, which is publicly available and necessaryfor the Licensee to legally proceed against such third party.

SUBLICENSE

21. Licensee may sublicense the inner duct only upon approval of the Licensor, andall Parties acknowledge such sublicense will result in an increase in the base annual fees. Anyunauthorized sublicense, at the Licensor's discretion, will result in immediate termination,resulting in the forfeiture of any prepaid annual fees and subject Licensee to any other legalavenue, including criminal and civil actions for trespass. All such sublicenses shall contain aPage 4 of 13

clause obligating Licensee to pay Licensor fifty percent (50%) of any fees or rent billed tosublicense by Licensee, regardless of any deficiencies in the collection of such charges.

OPERATIONAL RIGHTS

22. Subject to the approval of the Licensor, which approval shall not be unreasonablyheld or delayed, Licensee and its employees, servants, agents and contractors shall have the rightof ingress and egress without charge to the said bridge and appurtenant buildings and premises atany hour of any day for the purpose of maintenance, repair and installation of Licensee'sproperty.

RELEASE/INSURANCE/INDEMNIFICATION

23. It is further understood and agreed by and between the Parties that by theexecution of this agreement, the Licensee does hereby expressly and completely hold harmless,indemnify and release the Licensor from any and all liabilities, suits, claims and demand(whether for property damage or for personal injury or death and whether founded in tort,contract or quasi-contract) which at any time might be exerted by the Licensee arising out of theexistence, use, repair, maintenance or removal of its cables, provided that any such liability, suit,claim or demand does not arise wholly from the Licensor's negligence.

24. The Licensee further covenants and agrees to indemnify and save harmlessLicensor from and against all loss, costs or damages which the Licensor may suffer or be put toand from against all claims or actions which may be made or brought against the Licensor byreason of said cables, their construction, existence, repair or maintenance or resulting therefromin any way whatsoever, provided that any such loss, costs, damages, claims or actions so not toarise wholly from the Licensor's negligence.

25. Licensee and its contractors shall produce where applicable, prior to commencingany installation, repair, or maintenance work on the Premises, a certificate of original insurancepolicy evidencing that Licensee has obtained all insurances required by law, but at no time to bein amounts less than those outlined below:

a) Commercial General Liability insurance at minimum combined singlelimits of $1,000,000 per-occurrence and $2,000,000 general aggregate for bodilyinjury and property damage, which coverage shall include products/completedoperations ($1,000,000 products/ completed operations aggregate), and XCV(Explosion, Collapse, Vnderground)hazards. Coverage for products/completedoperations must be maintained for at least two (2) years after the constructionwork has been completed. Coverage must be amended to provide for an eachproject aggregate limit of insurance. An alternative would be to have separatelimits for all lines of General Liability coverage for each project.

b) Workers Compensation insurance at statutory limits, including EmployersLiability coverage a minimum limits of $1,000,000 each-occurrence eachaccident/$1,000,000 by disease each-occurrence/$1,000,000 by disease aggregate.

Page 5 of 13

c) Commercial Automobile Liability insurance at minimum combined singlelimits of $1,000,000 per-occurrence for bodily injury and property damage,including owned, non-owned, and hired car coverage.

d) Builders Risk coverage as follows:

1) All Risk Builders Risk insurance, including collapse coverage, isrequired on a completed value form if the contract is for the construction of astructure or building.

2) The Builders Risk policy must provide transit and off-premisescoverage if the contract with the builder makes the City of Laredo responsible formaterials. The deductible shall not exceed $5,000.

26. With reference to the foregoing insurance requirement, Lessee shall specificallyendorse applicable insurance policies as follows:

a) The City of Laredo shall be named as an additional insured with respect toGeneral Liability and Automobile Liability.

b) All liability policies shall contain no cross liability exclusions or insuredversus insured restrictions.

c) A waiver of subrogation in favor of The City of Laredo shall be containedin the Workers Compensation, Builders Risk, and all liability policies.

d) All insurance policies shall be endorsed to require the insurer toimmediately notify The City of Laredo of any material change in the insurancecoverage.

e) All insurance policies shall be endorsed to the effect that The City ofLaredo will receive at least sixty (60) days' notice prior to cancellation or nonrenewal of the insurance.

t) All insurance policies, which name The City of Laredo as an additionalinsured, must be endorsed to read as primary coverage regardless of theapplication of other insurance.

g) Required limits may be satisfied by any combination of primary andumbrella liability insurances.

h) Licensee may maintain reasonable and customary deductibles, subject toapproval by The City of Laredo.

i) Insurance must be purchased from insurers that are financially acceptableto the City of Laredo.

Page 6 of13

27. All insurance must be written on forms filed with and approved by the TexasDepartment of Insurance. Certificates of Insurance shall be prepared and executed by theinsurance company or its authorized agent and shall contain provisions representing andwarranting the following:

a) Sets forth all endorsements and insurance coverage's according torequirements and instructions contained herein.

b) Shall specifically set forth the notice-of-cancellation or terminationprovisions to The City of Laredo.

28. Upon request, Licensee shall furnish The City of Laredo with certified copies ofall insurance policies.

COMPLIANCE WITH LAW

29. Licensee acknowledges that it shall be the Licensee's sole responsibility and atLicensee's sole cost to apply for and obtain any permit, authorization, or other permission fromany international, federal, provincial or local government, board, tribunal, commission, agencyor other authority exercising jurisdiction over the Licensee or relating to Licensee's operationsand occupation in, on, to or through said Bridge.

HAZARDOUS SUBSTANCE INDEMNIFICATION

30. Licensee warrants that its use of the Premises herein will not generate anyHazardous Substance, as defined below, and that it will not store or dispose on the Premises, nortransport to or over the Premises, any Hazardous Substance in violation of law. "HazardousSubstance" shall be interpreted broadly to mean any substance or material defined or designatedas hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactivesubstance, or other similar term by any federal, state or local environmental law, regulation orrule presently in effect or promulgated in the future, as such laws, regulations or rules may beamended from time to time.

INSPECTION

31. Notwithstanding any provision of this License to the contrary, in the event of anemergency Licensor retains the right to enter upon the licensed property, at any time and withoutnotice to Licensee, and assuming no obligation to Licensee, to remove any of the licensedimprovements or alterations thereof, whenever such removal is deemed necessary by Licensorfor (a) exercising Licensor's rights or duties with respect to the licensed property; (b) protectingpersons or property; or (c) the public health or safety with respect to the licensed property. At allother times, Licensor shall provide forty-eight (48) hours notice of such an inspection.

DEFAULT AND CURE

32. The following shall be events of default:

Page 7 of 13

a) Licensee fails to make any payment or provision of Annual Fees or anyother sums to Licensor when due, and does not cure such default within thirty(30) days after written notice from Licensor;

b) Licensee fails to meet or perform any other covenant or condition of thisLicense and does not cure such other default within thirty (30) days after writtennotice from Licensor specifying the default complained of;

c) Licensee abandons or vacates the Premises without paying annual fees;

d) Licensee is adjudicated a bankrupt or makes any assignment for thebenefit of creditors.

33. If a non-monetary default may not reasonably be cured within a 30 day period,this License may not be terminated if the defaulting party commences action to cure the defaultwithin such thirty (30) day period and proceeds with due diligence to fully cure the default.

34. In the event of a default, Licensor shall have the right, at its option, in addition toand not exclusive of any other remedy Licensor may have by operation of law, without anyfurther demand or notice, to re-enter the Premises and eject all persons therefrom, and either:

a) Declare this License at an end, in which event Licensee shall immediatelypay Licensor a sum ofmoney equal to the total of:

1) The amount of the unpaid annual fees accrued through the date oftermination;

2) The amount by which the unpaid annual fees reserved for the balanceof the term exceeds the amount of such rental loss that the Licensee provescould be reasonably avoided (net of the reasonable costs of such reletting);and

3) Any other reasonable amount necessary to compensate Licensor for alldetriment proximately caused by Licensee's failure to perform itsobligations under the License; provided, however, nothing contained hereinshall in any way limit Licensor's duty to mitigate its damages, or

b) Without terminating this License, re-license the Premises, or any partthereof, for the account of Licensee upon such terms and conditions as Licensormay deem advisable, and any monies received from such re-licensing shall beapplied first to the expenses of such re-licensing and collection, includingreasonable attorneys' fees, any commissions paid, and thereafter toward paymentof all sums due or to become due Licensor hereunder. If a sufficient sum shall notbe thus realized to pay such sums and other charges, Licensee shall pay Licensorany deficiency monthly, notwithstanding that Licensor may have received rentalin excess of the annual fees stipulated in this License in previous or subsequentmonths, and Licensor may bring an action therefor as such monthly deficiencyshall arise.

Page 8 of 13

35. No re-entry and taking of possession of the Premises by Licensor shall beconstrued as an election on Licensor's part to terminate this License, unless written notice ofsuch intention is given to Licensee by Licensor. Notwithstanding any re-licensing withouttermination, Licensor may at any time thereafter elect to terminate this License for such perviousbreach.

SUCCESSOR, ASSIGNS and MISCELLANEOUS

36. It is further understood and agreed by and between the Parties hereto that thisagreement shall be binding upon and enures to the benefit of the Parties hereto and theirrespective successors and permitted assigns (it being acknowledged that the Licensor may notarbitrarily withhold its consent to any sublicensing or assignment of the permission grantedherein), that this License consists of and incorporates the main body and the attached Schedule"A" and that words importing the masculine gender and the plural, as the case may be, and viceversa, respectively.

NOTICES

37. All notices, requests, demands, and other communications hereunder shall be inwriting and shall be deemed given if personally delivered or mailed, certified mail, return receiptrequested, or by overnight courier to the following addresses:

If to Landlord:

With a copy to:

If to Licensee:

With a copy to:

City of Laredo1110 HoustonLaredo, Texas 78040Attn: City Attorney andTelecommunications DirectorGerard Lavery Lederer.Miller & Van Eaton, P.L.L.C.1155 Connecticut Avenue, N.W.Suite 1000Washington, D.C. 20036-4306

Bestel (USA) Inc.520 IturbideLaredo, Texas 78040

Alejandro MirelesBestel (USA) Inc.100 Taylor St. Suite 335San Antonio, Texas 78205

AUDIT AUTHORITY

38. Licensee shall be responsible for providing to Licensor all records necessary toconfirm the accurate payment of rent due under the License.

Page 9 of 13

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12-01-2008

IINITIATED BY:~arlos VillarrealCity Manager

COUNCIL COMMUNICATIONINTRODUCTORY ORDINANCE

~UTHORIZINGTHE CITY MANAGER TO PROVIDE FOR THE TRANSCRIPTIONbF PROCEEDINGS OF THE MUNICIPAL COURT OF RECORD OF THE CITY OF!LAREDO BY ELECTRONIC RECORDING DEVICE; AND PROVIDING FOR ANEFFECTIVE DATE.

STAFF SOURCE:Raul CassoCity Attorney

tpREVIOUS ACTION:[None

~ACKGROUND:

On May 3,2007, the state legislature created the municipal court of record in the City of Laredo, by House~ill 2617, now codified as Subchapter WW of Chapter 30 of the Government Code, and our municipal coun[became, effective from June 15,2007, a municipal court of record.

The material difference between a municipal court and a municipal court of record is that, when there is an~ppeal from the decision or judgment of a municipal court of record to the county court at law, the appeal is basedpnly on the transcribed record produced in the trial proceeding in the lower court. When it was a municipal court[not of record], then an appeal meant that the decision of the court was nullified, and the appealing defendant would~et an entirely new trial in the county court at law.

The usual or traditional method ofmaking a record ofjudicial proceedings is by having an attending courteporter record, and the reporter, when requested, then transcribes the proceedings before the municipal court of

law, for which provision is made in Section 30.00010 (a) of the Government Code. The county court at law theneviews the record below instead ofhaving to have a new trial.

Instead ofproviding for a court reporter to record, and when requested, to transcribe proceedings, staffIrecommends that the City Council may find it would be more efficient and economical to provide that theIProceedings in our municipal court of record at law be recorded by a good quality electronic recording device, asspecified in Section 30.0001O(d) ofthe Government Code, so that such recording may be used as the basis for theIrecord on appeal, whenever there may be an appeal of the judgment from the municipal court of record to the~ounty court at law.

FINANCIAL:

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:Introduction of ordinance

INTRODUCTORY ORDINANCE

AUTHORIZING THE CITY MANAGER TO PROVIDE FOR THETRANSCRIPTION OF PROCEEDINGS IN THE MUNICIPALCOURT OF RECORD OF THE CITY OF LAREDO BYELECTRONIC RECORDING DEVICE; AND PROVIDING FOREFFECTIVE DATE.

WHEREAS, the City's municipal court was created a municipal court of record effectiveJune 15, 2007, by House Bill 2617, now codified as Subchapter WW of Chapter 30 of theGovernment Code; and,

WHEREAS, when there is an appeal from the decision or judgment of a municipal courtof record to the county court at law, the appeal is based only on the transcribed record producedin the trial proceeding in the lower court; and,

WHEREAS, the usual or traditional method ofmaking a record ofjudicial proceedings isby having an attending court reporter record, and when requested, then transcribe the proceedingsbefore the municipal court oflaw, for which provision is made in Section 30.00010 (a) oftheGovernment Code; and,

WHEREAS, the City Council, instead ofproviding for a court reporter to record, andwhen requested, transcribe proceedings, finds it would be more efficient and economical toprovide that the proceedings in our municipal court ofrecord at law be recorded by a goodquality electronic recording device, as specified in Section 30.00010(d) of the Government Code,so that such recording may be used as the basis for the record on appeal, whenever there may bean appeal of the judgment from the municipal court ofrecord to the county court at law.

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

OF LAREDO THAT:

Section 1: It hereby directs that the record ofproceedings before the municipal court ofrecord henceforth be recorded by a good quality electronic recording device.

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

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF LAREDO

ON TillS THE__ DAY OF DECEMBER, 2008.


1

ATTEST:



~~RAUL CASSO IVCITY ATTORNEY

2


DATE: SUBJECT: FINAL READING OF ORDINANCE NO. 2008-0-229Amending the City of Laredo Bridge System FY 2008-2009 Bridge annual

12/01/2008 budget by appropriating $784,950.00 from the Bridge System ConstructionFund opening balance to the Improvements Other Than Buildings,Improvements to Buildings, and Machinery and Equipment account. Fundingwill be used for Bridge related projects.

INITIATED BY: STAFF SOURCE:Jesus Olivares, Assistant City Manager Mario I. Maldonado, Jr., Bridge Director


On November 17, 2008, a Public Hearing and Introductory Ordinance was introduced to amendthe City of Laredo FY 2007-2008 Bridge annual budget by $784,950.00 from the Bridge SystemConstruction Fund opening balance to be used for expenses related to machinery and equipment,Bridge I Retail Space (Bldg E), and other Bridge related projects.

BACKGROUND:As part of the retail lease agreement for the Bridge of the Americas Project, between the City ofLaredo and Khaledi Bridge of the Americas Ltd. (Section 1.1 ,h), the City will provide the tenant anair condition system allowance not to exceed $250,000.00.

Due to Bridge construction projects not awarded during FY07-08, the FY08-09 Bridge SystemConstruction fund must be amended to appropriate funds for machinery and equipment, Bridge IRetail Space (Bldg E), and other Bridge related projects.

FINANCIAL IMPACT:

BRIDGE FUND: Budget Proposed Amended BudgetFY08-09 Amendment FY08-09

Opening Balance (784,950)

Improv Other than Buildings -0- 484,950 484,950Improv to Buildings -0- 250,000 250,000Machinery & Equipment -0- 50,000 50,000

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:N/A Authorization to amend the City of Laredo

FY 2008-2009 Bridge annual budget byappropriating $784,950 from the Bridge SystemConstruction Fund opening balance.

ORDINANCE NO. 2008-0-229

AMENDING THE CITY OF LAREDO BRIDGE SYSTEM FY 20082009 BRIDGE ANNUAL BUDGET BY APPROPRIATING$784,950.00 FROM THE BRIDGE SYSTEM CONSTRUCTIONFUND OPENING BALANCE TO THE IMPROVEMENTS OTHERTHAN BUILDINGS, IMPROVEMENTS TO BUILDINGS, ANDMACHINERY AND EQUIPMENT ACCOUNT. FUNDING WILL BEUSED FOR BRIDGE RELATED PROJECTS.

WHEREAS, the City Council previously adopted the budget for fiscal year 2008-2009;and

WHEREAS, the City Council finds it to be in the best interest of the City of Laredo,Texas to appropriate $784,950.00 from the Bridge System Construction Fund openingbalance to the Improvements Other than Buildings, Improvements to Buildings, andMachinery and Equipment account; and

WHEREAS, funding will be used for expenses related to machinery and equipment,Bridge I Retail Space (Bldg E), and other Bridge related projects; and

WHEREAS, a public hearing and introductory ordinance was held on November 17,2008.

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

1. The 2008-2009 Bridge System annual budget is hereby amended toappropriate $784,950.00 from the Bridge System Construction Fund openingbalance to the Improvements Other than Buildings, Improvements toBuildings, and Machinery and Equipment account.

2. Providing for said funds to be deposited in the account of the City of LaredoImprovements Other then Buildings, Improvements to Buildings, andMachinery and Equipment account.

All laws and parts of laws in conflicting with the provisions of this ordinance shall be, andhereby are, repealed.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE__ DAY OF ,2009.


ATTEST:



BY: _ASSISTANT CITY ATTORNEY

COUNCIL COMMUNICATIONDATE: SUBJECT: FINAL READING ORDINANCE 2008-0-230

Amending the City of Laredo Health Department FY 2008-2009 annual budget by12/0112008 appropriating revenues and expenses in the amount of $45,000 from the Serving

Children and Adolescents in Need (SCAN), Inc. to continue the partnership for servicesprovided by the Department's HIV Program of HIV outreach, HIV testing, preand post test counseling and pre-treatment services for the term from October 1,2008 through September 30, 2009, and authorizing the City Manager to execute thecontract.

INITIATED BY: STAFF SOURCE:Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H.Deputy City Manager Health DirectorPREVIOUS COUNCIL ACTION: On November 17, 2008, Council held public hearingintroducing ordinance and instructed staff to proceed with final hearing.BACKGROUND:

The City of Laredo Health Department through the Department's HIV Program in partnershipwith Serving Children and Adolescents in Need (SCAN), Inc. will provide the following:HIV/outreach, HIV Rapid Testing, HIV pre and post test counseling and pre-treatmentservices by referring to treatment for those people with substance use disorders. Thispartnership is being supported by the Centers for Disease Control and Prevention.

During the term of the agreement the Health Department will also participate in datacollection training, motivational interviewing or other training related to the delivery of theservices as requested by SCAN Inc.

BUDGET ON NEXT PAGE

FINANCIAL: The City of Laredo will receive $45,000 in funds from the SCAN, Inc. for theHealth Department's HIV Program, term beginning October 1, 2008 through September 30,2009. The revenue account number for this grant is 226-0000-327-9018 and the expendituredivision is 226-6501 with Proiect No.HESCO1.COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:

Recommends that Council approve theOrdinance.

SCAN, Inc. & Health Dept. HIV ProgramTerm: October 1,2008 to September 30,2009Acct No. 226-6501- Project No. HESCOI

BUDGET

REVENUES

SCAN GRANT REVENUES $

IN-KIND

TOTAL REVENUES $

EXPENSES

PERSONNEL $

FRINGE BENEFITS

TRAVEL

EQUIPMENT

SUPPLIES

CONTRACTUAL

OTHER

45,000

o45,000

24,194

12,448

655

6,455

1,248

SUB-TOTAL

IN-KIND

$ 45,000

o

ORDINANCE 2008-0-230

AMENDING THE CITY OF LAREDO HEALTH DEPARTMENTFY 2008-2009 ANNUAL BUDGET BY APPROPRIATINGREVENUES AND EXPENSES IN THE AMOUNT OF $45,000FROM THE SERVING CHILDREN AND ADOLESCENTS IN NEED(SCAN), INC. TO CONTINUE THE PARTNERSHIP FOR SERVICESPROVIDED BY THE DEPARTMENT'S mv PROGRAM OF mvOUTREACH, HIV TESTING, PRE AND POST TESTCOUNSELING AND PRE-TREATMENT SERVICES FOR THETERM FROM OCTOBER 1, 2008 THROUGH SEPTEMBER 30,2009, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THECONTRACT.

WHEREAS, The City of Laredo Health Department through the Department'sHIV Program in partnership with Serving Children and Adolescents in Need (SCAN),Inc. will provide the following: HIV/outreach, HIV Rapid Testing, HIV pre and posttest counseling and pre-treatment services by referring to treatment for those people withsubstance use disorders. This partnership is being supported by the Centers for DiseaseControl and Prevention.

WHEREAS, During the term of the agreement the Health Department will alsoparticipate in data collection training, motivational interviewing or other training related tothe delivery of the services as requested by SCAN Inc.

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

Section 1: Amending the City of Laredo Health Department FY 2008-2009 annualbudget by appropriating revenues and expenses in the amount of $45,000 fromthe Serving Children and Adolescents in Need (SCAN), Inc. for the HealthDepartment-HIV Program to continue to provide outreach, HIV testing, pre andpost test counseling and pre-treatment services for the term from October 1,2008 through September 30, 2009; and authorizing the City Manager to executethe contract.

Section 2: Revenue line item 226-0000-327-9018 is increased by $45,000.

Section 3: Expenditure division 226-6501 is increased by $45,000.

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:~fi1~~Valeria M. AcevedoAssistant City Attorney


DATE: SUBJECT: FINAL READING 2008·0·231AMENDING THE CITY OF LAREDO CODE OF ORDINANCES CHAPTER 2,

12/01/2008 ADMINISTRATION; ARTICLE I, SECTION 2-3 (B) FEES FOR CITY SERVICES,BY REALIGNING THE CURRENT CHARGES FOR HEALTH DEPARTMENTRECORDS ILLUSTRATED IN ITEMS 10, 11, AND 12 TO REFLECT THE FEESCHARGED IN ACCORDANCE WITH THE TEXAS ADMINISTRATIVE CODE,TITLE I, PART 3, CHAPTER 70. AS MANDATED BY THE TEXAS HEALTH ANDSAFETY CODE CHAPTER 191.0045, LOCAL REGISTRARS MAY CHARGE ANADDITIONAL $1.00 FOR PRESERVATION OF VITAL RECORDS; THEREFORE,WE ARE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE I, SECTION 23(b) FEES FOR CITY SERVICES (b) HEALTH DEPARTMENT OF THE CITY CODEOF ORDINANCES INCREASING THE FEE FOR CERTIFIED BIRTHCERTIFICATES FROM $22.00 TO $23.00; AND REQUESTING APPROXIMATELY$15,120.00 IN ADDITIONAL REVENUES BE APPROPRIATED TO EXPENSEACCOUNT 226..2912·544..9900; AND PROVIDING FOR EFFECTIVE DATE ANDPUBLICATION. (AS AMENDED).

INITIATED BY: STAFF SOURCE:Cynthia Collazo Hector F. Gonzalez Valeria M. AcevedoDeputy City Manager Health Department Director Assistant City Attorney

PREVIOUS COUNCIL ACTION:On November 17, 2008 Council introduced ordinance.

BACKGROUND:

The City of Laredo Health Department charges for Health Department records in accordance with the TexasAdministrative Code, Title I, Part 3, Chapter 70 a fee of $0.10 per page and as mandated by the AttorneyGeneral's Office.

The City of Laredo Health Department's Vital Statistics Division maintains important and vital birth anddeath registration in this district both for vital statistics and public health data. The City of Laredo HealthDepartment is recommending that the fee ofbirth certificates be increased from $22.00 to $23.00 to include a$1.00 preservation fee as approved by the Health and Safety Code for automation and archiving.

The Texas Department of State Health Services officially amended Texas Administrative Code Title 25,Chapter 191 changing the fee Texas Vital Statistics charges effective December 1,2005.

FINANCIAL IMPACT:The City of Laredo will receive additional funds in the amount of approximately $15,120.00 to beappropriated to expense account 226-2912-544-9900 to assist with operational costs ofarchiving/preservationsystem to maintain the vital statistics records and to fully automate the support system. The revenue accountsline item is: 226..0000..355..1020.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:Recommends that Council approve the ordinance.

ORDINANCE 2008-0-231

AMENDING THE CITY OF LAREDO CODE OF ORDINANCESCHAPTER 2, ADMINISTRATION; ARTICLE I, SECTION 2-3 (B)FEES FOR CITY SERVICES, BY REALIGNING THE CURRENTCHARGES FOR HEALTH DEPARTMENT RECORDSILLUSTRATED IN ITEMS 10, 11, AND 12 TO REFLECT THEFEES CHARGED IN ACCORDANCE WITH THE TEXASADMINISTRATIVE CODE, TITLE I, PART 3, CHAPTER 70. ASMANDATED BY THE TEXAS HEALTH AND SAFETY CODECHAPTER 191.0045, LOCAL REGISTRARS MAY CHARGE ANADDITIONAL $1.00 FOR PRESERVATION OF VITALRECORDS; THEREFORE, WE ARE AMENDING CHAPTER 2,ADMINISTRATION, ARTICLE I, SECTION 2-3(b) FEES FORCITY SERVICES (b) HEALTH DEPARTMENT OF THE CITYCODE OF ORDINANCES INCREASING THE FEE FORCERTIFIED BIRTH CERTIFICATES FROM $22.00 TO $23.00;AND REQUESTING APPROXIMATELY $15,120.00 INADDITIONAL REVENUES BE APPROPRIATED TO EXPENSEACCOUNT 226-2912-544-9900; AND PROVIDING FOREFFECTIVE DATE AND PUBLICATION. (AS AMENDED).

WHEREAS, the City ofLaredo Health Department charges for Health Department records; and

WHEREAS, in accordance with the Texas Administrative Code, Title I, Part 3, Chapter 70,Health Department records will be charged a fee $0.10 per page and as mandated by the AttorneyGeneral's Office.

WHEREAS, the City of Laredo Health Department's Vital Statistics Division maintainsimportant and vital birth and death registration in this district both for vital statistics and public healthdata; and

WHEREAS, the Director of the City ofLaredo Health Department is recommending that the feeofbirth certificates be increased from $22.00 to $23.00 to include a $1.00 preservation fee as approvedby the Health and Safety Code for automation and archiving; and

WHEREAS, the Texas Department of State Health Services has officially amended TexasAdministrative Code Title 25 Chapter 191 changing the fee Texas Vital Statistics charges effectiveDecember 1, 2005 stating under subsection (h) In addition to other fees collected under this section, alocal registrar or county clerk may collect a fee not to exceed $1.00 for the preservation ofvital statisticsrecords maintained by the registrar or county clerk, including birth, death, fetal death, marriage, divorce,and annulment records. A fee under this section shall be collected by the registrar or county clerk on theissuance ofa vital statistics record, including a record issued through a Remote Birth Access site.

iii. Magnetic tape--9-track, each ... 11.003. i. Data cartridge--2000 series, each ... 17.50ii. Data cartridge--3000 series, each 20.00iii. Data cartridge--6000 series, each 25.00iv. Data cartridge--9000 series, each 35.00v. Data cartridge--600A, each ... 20.004. i. Tape cartridge--250 MB, each ... 38.0011. Tape cartridge--525 MB, each ... 45.005. VHS video cassette, each ... 2.506. Audio cassette, each ... 1.007. Oversized paper copy, each ... 0.508. Mylar (36-inch, 42-inch, and 48-inch):i. 3-mil, per linear foot ... 0.85ii. 4-mil, per linear foot . . . 1.10iii. 5-mil, perlinear foot. .. 1.359. Blueline/blueprint paper (all widths), per linear foot ... 0.2010. Other ... Actual coste. Postage and shipping charge: The actual cost ofpostage and shipping may be charged (ifapplicable) on any amount ofcopies requested.f. Microfiche or microfilm charge1. Paper copy, per page 0.102. Fiche or film copy Actual costg. Remote document retrieval charge ... Actual costh. Computer resource charge1. Mainframe, per minute ... 10.002. Midsize, per minute 1.503. Client/server, per hour 2.204. PC or LAN, per hour 1.00i. Miscellaneous supplies Actual costj. Photographs Actual costk. Other costs Actual cost1. Outsourced/contracted services ... Actual costm. No sales tax shall be applied to copies ofpublic information.(3) An officer for public information or the officer's agent may require a deposit for payment ofanticipated costs for the preparation ofa copy ofpublic information ifthe charge is estimated toexceed one hundred dollars ($100.00).(4) A charge may not be imposed for making available for inspection and not a copy ofanypublic information that exists in a paper record, except that if a requested page containsconfidential information that must be edited from the record before the information can be madeavailable, then the charge of ten cents ($0.10) per page for the cost ofthe copy from which theinformation must be edited shall be made.

Section 2. The revenue account line item for Vital Statistics preservation (226-0000-355-1020) ishereby increased by approximately $15,120.00.

Section 3. The expense account 226-2912-544-9900 is hereby increased by $15,120.00

(4) Certification, other documents ... 1.00(5) Copies ofdocuments (other governmental) ... 15.00(6) Verbatim transcript ofminutes ofany meeting; charge to be arranged between therequesting party and the city secretary on an hourly basis.(d) Chargesfor copies ofpublic information, except as provided elsewhere herein.(1) Definitions.a. Actual labor charges shall mean the personnel costs associated with taking requests, locatingdocuments and reproducing the requested information and shall be computed at the rate of$15.00 per hour, including fringe benefits except that in the case ofa programmer, the rate shallbe $26.00 an hour, including fringe benefits.b. Nonstandard size copy shall mean, ifavailable, a copy ofpublic information that is madeavailable to a requestor in any format other than a standard size paper copy. Microfiche,microfilm, diskettes, magnetic tapes, CD-ROM, are examples of "nonstandard-size copies."c. Programming shall mean the process ofproducing a sequence ofcoded instructions that canbe executed by a computer.d. Readily available information shall mean information that already exists in printed form, orinformation that is stored electronically and is ready to be printed or copied without requiringprogramming, or information that already exists on microfiche or microfilm. Information thatrequires a substantial amount of time to locate or prepare for release, being that it is located inmore than one (l) building or a remote storage facility is not "readily available information."e. Standard-size copy shall mean a printed impression on one (1) side ofa piece ofpaper thatmeasures up to eight and one-half (8 1/2) by fourteen (14) inches. Each side ofa piece ofpaperon which an impression is made is counted as a single copy. A piece ofpaper that is printed onboth sides is counted as two (2) copies.(2) For open records requested by members ofthe public, the following charges shall be made:a. [Standardpaper copies.] The charge for standard paper copies ofreadily availableinformation which is reproduced by means ofan office machine copier or a computer printershall be ten cents ($0.10) per page for standard size copies.b. [Cost ofmaterials.] The charges in this subsection are to cover the cost ofmaterials on towhich information is copied and do not reflect any additional charges that may be associatedwith a particular request.c. Personnel charge. With regard to personnel costs the following applies:1. The charge for personnel costs incurred in processing a request for public information istwenty-six dollars ($26.00) an hour for programming personnel and fifteen dollars ($15.00) perhour for personnel other than programming, and the charge may include the actual time spent tolocate, compile and reproduce the requested information.2. No personnel charge shall be billed in connection with complying with requests that are forfIfty (50) or less pages ofpaper records, unless the documents to be copied are located in:i. Two (2) or more separate buildings that are not physically connected with each other: orii. A remote storage facility3. Overhead charge ... 20 percentofpersonnel charged. The charges for nonstandard-size copies, if available, are as follows:1. Diskette, each ... $1.002. i. Magnetic tape--4 mm, each ... 13.50ii. Magnetic tape--8 mm, each ... 12.00

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

Section 1: AmendmentThe City ofLaredo Code ofOrdinances is amended as follows:

ADMINISTRATIONARTICLE 1. IN GENERAL

Sec. 2-3. Fees for city services.(a) Municipal court documents.(1) Authorized A fee for providing copies ofmunicipal court documents is hereby authorizedto be collected by the municipal court.(2) Amount. A two dollar ($2.00) fee will be charged for making copies ofmunicipal courtdocuments involved in any case.(3) Use offees collected. All fees collected for making copies ofmunicipal court documentsshall be used exclusively for purchase ofcopy supplies and maintenance ofthe copy operation.(b) Health department. The health department is hereby authorized to charge the following feesin relation to the health department's function as local registrar ofbirths and deaths. In addition,the health department is authorized to charge fees in relation to the department's function ascustodian ofofficial medical records for the purpose ofduplication.

Document Charge

(1) Certified copy ofbirth certificate, any size $ 22.00 23.00(2) Certified copy ofdeath certificate, first copy 20.00(3) Certified copy ofdeath certificate, additional copy ... 3.00(4) Search ofbirth or death records for genealogy ...~ 23.00(5) Search ofbirth or death records, where copy is not found ...~ 23.00(6) Plastic covers ... 1.00(7) Postage, certified mail, return receipt requested--U.S.... Prevailing rate(8) Postage, certified mail, return receipt requested--outside ofthe U.S. or priority and expressmail ... Prevailing rate(9) Certified copy ofbirth certificate, any size, non-LaredolWebb County but within the state ... 22.00(10) Ca~ afBM"8 aeti-v-ity Fepart FeSaM ... 25.00 Copy ofany Health Departmentrecord...$0.10 per page(11) Dapl:ieatioo afmedieal reeerds (first t\YeBty pages) ... 25.00(12) Additiooal pages (sopies) (per page) ... 0.15(H) (11) Notarization ofaffidavit ... 15.00(c) City secretary's office. The city secretary is hereby authorized to charge the following feesin relation to the city secretary's function as custodian ofofficial records or proceedings ofthecity council.(1) City Charter ... $ 5.00(2) Code ofOrdinances (complete) 50.00(3) Code ofOrdinances (update only) 25.00

Section 4. SeverabilityIf any provision, section, subsection, sentence, clause or phrase of this ordinance, or theapplication of same to any person or set of circumstances is for any reason held to beunconstitutional, void, invalid or for any reason unenforceable, the validity of the remainingportion of this ordinance or its application to other person or sets of circumstances shall not beaffected thereby, it being the intent of the City Council of the City of Laredo in adopting thisordinance that no portion hereof or provision or regulation contained herein shall becomeinoperative or fail by reason ofany unconstitutionality, voidness or invalidity, and all provisionsare declared severable for that purpose.

Section S. Effective DateThis ordinance shall become effective upon its passage and following the date ofpublicationrequired pursuant to Section 2.09 ofthe City Charter.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR

ON TIDS DAY OF , 2008.

RAUL G. SALINAS,MAYOR

ATTEST:



RAUL CASSO,CITY ATTORNEY

VALERIA M. ACEVEDOASSISTANT CITY ATTORNEY

DATE:

12/01/08


COUNCIL COMMUNICATIONSUBJECT: Final Reading I Ordinance #2008-0-232

Accepting a grant from the Target Corporation for the Laredo PoliceDepartment Community Relations Unit in the amount of $1,000.00 andamending the City of Laredo FY 2008-2009 General Fund annualbudget by increasing revenues and expenditures in the amount of$1,000.00. The Target Corporation will contribute the full grant amountof $1 ,000.00 with no match obligated to the City of Laredo. TheLaredo Police Department will use this grant to purchase promotionalsupplies. Grant period will be from October 1, 2008 throughSeptember 30, 2009.


PREVIOUS COUNCIL ACTION:Resolution #2008-0-048 was passed on 5/19/08

ACTION PROPOSED:That this Ordinance be passed and approved.

BACKGROUND:The Target Corporation provides law enforcement grants to agencies serving a community inwhich a Target store or distribution center operates through the Target and Blue LawEnforcement Grant Program. Focus areas include Crime Prevention, Training and Education,Community Outreach I Youth Mentorship, Preparedness, and Organized Retail Crime.

FINANCIAL:

Revenues:

Contributions#101-0000-372-1000

Expenses:

Promotional Materials#101-2310-522-3210

OriginalBudget5,000

ProposedBudget6,000

1,000

BudgetAmendment

1,000

1,000

RECOMMENDATION: STAFF:Recommends that Council approve thisOrdinance.

Ordinance 2008-0-232

Accepting a grant from the Target Corporation for the Laredo PoliceDepartment Community Relations Unit in the amount of $1,000.00 andamending the City of Laredo FY 2008-2009 General Fund annual bUdget byincreasing revenues and expenditures in the amount of $1,000.00. TheTarget Corporation will contribute the full grant amount of $1,000.00 withno match obligated to the City of Laredo. The Laredo Police Departmentwill use this grant to purchase promotional supplies. Grant period will befrom October 1, 2008 through September 30, 2009.

Whereas, the Target & Blue Grant, in the amount of $1,000.00, will be used bythe laredo Police Department for the purchase of promotional supplies; and

Whereas, the Chief of Police recommends that the City Council authorize theapproval of this grant; 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 of laredo's FY 2008-2009 General Fund annual budget is herebyamended in the amount of $1,000.00 to fund the Target & Blue Law Enforcement Grant. The Target Corporation will be designating the entire grant amount of $1,000.00 for aone-year funding period from October 1, 2008 through September 30, 2009.

Section 2: Authorizing the City Manager to execute all necessary documents toachieve said grant and to effectuate its terms.

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

RAUL SALINASMAYOR

ATTEST:

GUSTAVO GUEVARA, JR.


RAUL CASSO

CITY SECRETARY CITY ATTORNEY

Date:

12/01/08

Item #


SUBJECT: FINAL READING OF ORDINANCE NO. 2008-0-233Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 8.08 acres, asfurther described by metes and bounds in attached Exhibit "A", located at the southwestcomer ofSt. Luke Boulevard and St. David Lane, from R-IA (Single Family Reduced AreaResidential District) to B-3 (Community Business District); providing for publication andeffective date.

ZC-71-2008Initiated by:Cielito Lindo, Ltd.Howland Engineering

Staff source:Keith Selman, Planning Director

Prior action: This item was introduced at the meeting of November 17,2008, by Mike Garza.

BACKGROUND

Council District: I - Mike Garza

Proposed use: Commercial

Site: The site is vacant.

Surrounding land uses: To the north are the Rosemont Apartments. To the east lie single-familyresidential housing and LBJ High School. To the south is vacant land. To the west are single-familyresidential structures.

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

Transportation Plan: The Long Range Thoroughfare Plan does not identify St. Luke Boulevard andSt. David Lane.

Letters sent to surrounding property owners: 13

STAFF COMMENTS

In Favor: 0 Opposed: 1

Staff supports the proposed zone change. Although a B-3 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 trafficking a B-3 district permits.

P&Z COMMISSION RECOMMENDATION:The P & Z Commission, in a 9 to 0 vote, recommendedapproval of the zone change.

Page 1 of 2

STAFF RECOMMENDATION:Staff supports the proposed zone change.


IMPACT ANALYSIS

B-3 (Community Business District): The purpose ofthe B-3 district is to provide for those businesses and services serving a trade area larger than a neighborhood, but smaller than the entire cityand located primarily along minor or principal arterial streets, as classified in the Transportation Planof the City of Laredo. It is intended for this zoning classification to exist primarily abutting minor orprincipal arterial streets while preserving established residential neighborhoods along such streets.

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, although the nearest B-3 districts are located adjacent to US Highway 83, the site abuts and is located southwest of a B-1 designation, which is intended for light commercial uses.

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-3 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 8.08 ACRES, AS FURTHER DESCRIBEDBY METES AND BOUNDS IN ATTACHED EXHIBIT "A," LOCATEDAT THE SOUTHWEST CORNER OF ST. LUKE BOULEVARD ANDST. DAVID LANE, FROM R1-A (SINGLE FAMILY REDUCED AREARESIDENTIAL DISTRICT) TO B-3 (COMMUNITY BUSINESSDISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVEDATE.

WHEREAS, a zone change has been requested by the owners of 8.08 acres, as furtherdescribed by metes and bounds in attached Exhibit "A," located at the southwest comer of S1.Luke Boulevard and S1. David Lane, from R1-A (Single Family Reduced Area ResidentialDistrict) to B-3 (Community Business 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 October 16, 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 November 17,2008, 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,


Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezoning 8.08 acres, as further described by metes and bounds in attached Exhibit "A," located atthe southwest comer of S1. Luke Boulevard and St. David Lane, from R1-A (Single FamilyReduced Area Residential District) to B-3 (Community Business District).

1

Section 2: This ordinance shall be published in a manner provided by Section 2.09CD) of the 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:



g~BY: KRISTINA L. HALASSISTANT CITY ATTORNEY

2

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ZC-71-2008

3

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VOL. 2J6J, PAGES 448-454 S.W.C.O.R.

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LEGAL DESCRIPTIONREZONE FROM R-IA TO B-3

8.08 Acres (unplatted)

A Tract of Land containing 8.08 acres, (352,177 S.F.), more or less, situated in TadeoSanchez, Original Grantee, Poreion 38, Abstract 472 and Jose Antonio Nasario, Porcion 39Abstract 250, City of Laredo, Webb County, Texas. Said tract being all out of Cielito Lindo,Ltd. containing 358.714 acres recorded in Volume 650, Pages 703-706, Webb County, Texas.Said 8.08 acre tract being more particularly described as follows, to-wit:

Beginning at a found 112" iron rod, being the most westerly southwest comer of Cielito LindoSubdivision, Phase VII, also being a comer on the west right-of-way line of St. David Lane andbeing on the south boundary line of said 358.714 acre tract, for the southeast comer here and theTRUE POINT OF BEGINNING;

THENCE, S 89°31'37" W, along the south boundary line of said 358.714 acre tract, a distanceof738.15 FEET to a set 1/2" iron rod, for the southwest comer hereof;

THENCE, N 00°30'43" W, a distance of530.04 FEET to a set 1/2" iron rod being on the southboundary line of Cielito Lindo Subdivision, Phase V as recorded in Volume 23, Page 19 of theWebb County Map Records, Texas, same point being on the south right-of-way line of S1. LukeBlvd. of said Phase V subdivision, for the northwest corner hereof being on a curve having aradius of 1470.00 feet, a chord of S 84°08'22" E-296.52 feet;

THENCE, along said curve being along the south boundary line of said Phase V an arc length of2987.03 FEET to a set 1/2" iron rod, for a point of tangency;

THENCE, S 78°21 '03" E, continuing along the south boundary line of said Phase V, a distanceof 380.54 FEET to a set 1/2" iron rod being on a curve having a radius of 1530.00 feet, a chordofS 79°23'58" E-56.00 feet;

mENCE, along said curve an arc length of56.00 FEET to a found 1/2" iron rod being a cornerclip for Cielito Lindo Subdivision, Phase VIII as recorded in Volume 19, Pages 27-28 of theWebb County Map Records, Texas, for a corner clip hereof;

THENCE, S 40°28'48" E, along said Cielito Lindo Subdivision, Phase VIII, a distance of25.69FEET to a found 1/2" iron rod being a corner clip of said Phase VIII, for a corner clip hereof;

THENCE, S 00°30'43" E, along said Phase VIII boundary line b~ing the west right-of-w~y, lineof St. David Lane and passing at a distance of 14.69 feet into aforeme . 1 ,~Cielito LindoSubidivsion, Phae VII and continuing along said St. David Lane a total ' ce6t~9 FEETto the point ofbeginning ofthis 8.08 acre tract ofland, more or less. A4:;....'f;:;-:.~·t~~~~·;;{~{-::A\

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Telephone: (956) 722-4411 * Facsimile: (956) 722-5414 ~, E-Mail: [email protected]

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8.08 Acres/The Southwest Corner o[St. Luke Boulevard and St. David LaneZC-71-2008

Date:

12/01/08

Item #


SUBJECT: FINAL READING OF ORDINANCE NO. 2008-0-234Amending the Zoning Ordinance (Map) of the City of Laredo by issuing a Conditional UsePermit for an equipment yard on Lots 1,2, & 3, Block 1998, Eastern Division, located at3203 Kearney Street; providing for publication and effective date.

ZC-67-2008

Initiated by:Alfredo G. CollazoLourdes Collazo


Prior action: On April 17, 2006, City Council approved an introductory ordinance issuing a ConditionalUse Permit to Alfredo G. Collazo at 3203 Kearney Street for a contractor's office and warehouse (20060-087). This item was introduced by Hector J. Garcia at the meeting ofNovember 17,2008.BACKGROUND

Council District: II - Hector J. Garcia

Proposed use: Equipment Yard

Site: The site is occupied by a parking and storage lot.

Warnings/Citations: On August 5, 2008, a warning was issued for site plan, Exhibit "B," differingfrom actual location, unpaved parking areas, failure to provide trees and shrubs, and failure to providethe requested 5,000 square foot warehouse. On September 3, 2008, a citation was issued for failure tocommence Conditional Use Permit within six months of approval date.

Surrounding land uses: To the north are vacant lots, single-family housing, and apartments. To theeast lie apartment complexes and single-family residential structures. To the south are single-familyhousing, apartments, manufactured housing units, and an abandoned commercial building. To thewest lie vacant lots and single-family houses.


Transportation Plan: The Long Range Thoroughfare Plan does not identify Kearney Street.


STAFF COMMENTS


Staff does not support the Conditional Use Permit. A commercial use is not compatible atthis location due to the substantial single-family and multi-family residential housing. However, should it be the will ofthe City Council to introduce the ordinance, staff recommendsthe following conditions be attached to the issuance of a Conditional Use Permit.

(Continued on next page)

P&Z COMMISSION RECOMMENDATION:The P & Z Commission, in a 7 to 2 vote, recommendedapproval of the Conditional Use Permit.

Page 1 of 2

STAFF RECOMMENDATION:Staff does not support the Conditional UsePermit.


Staff Comments (cont.)

1. The Conditional Use Permit shall be issued to Alfredo G. and Lourdes Collazo, and is nontransferable.

2. The Conditional Use Permit is restricted to the letter, Exhibit "B," except from the hours of operation. Hours of operation shall be from 8 a.m. to 7 p.m.

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

4. Parking shall comply with the Laredo Land Development Code.5. Applicant shall provide and maintain trees and shrubs in compliance with the Laredo Land Devel

opment code.6. Signage is limited to the maximum of a 12 square foot sign attached to the wall.7. A seven foot opaque fence shall be erected adjacent to the residential properties.

Page 2 of 2


AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OFLAREDO BY AUTHORIZING THE ISSUANCE OF A CONDITIONALUSE PERMIT FOR AN EQUIPMENT YARD ON LOTS 1, 2, AND 3,BLOCK 1998, EASTERN DIVISION, LOCATED AT 3203 KEARNEYSTREET; PROVIDING FOR AN EFFECTIVE DATE ANDPUBLICATION.

WHEREAS, a request has been received for the issuance of a Conditional Use Permitfor an equipment yard on Lots 1,2, and 3, Block 1998, Eastern Division, located at 3203Kearney Street; 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 October 16, 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 November 17, 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 pertinentrequirements the Laredo Land Development Code shall be met before the activity sanctionedby the 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,


Section 1: The Zoning Map of the City of Laredo be and is hereby amended by authorizing the issuance of a Conditional Use Permit for an equipment yard on Lots 1, 2, and 3,Block 1998, Eastern Division, located at 3203 Kearney Street.

1

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

1. The Conditional Use Permit shall be issued to Alfredo G. and Lourdes Collazo, and isnon-transferable.

2. The Conditional Use Permit is restricted to the letter, Exhibit "B," except from the hoursof operation. Hours of operation shall be from 8 a.m. to 7 p.m.

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

4. Parking shall comply with the Laredo Land Development Code.5. Applicant shall provide and maintain trees and shrubs in compliance with the Laredo

Land Development code.6. Signage is limited to the maximum of a 12 square foot sign attached to the wall.7. A seven foot opaque fence shall be erected adjacent to the residential properties.

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 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 noncompliance and shall be revoked and removed from the City of Laredo Zoning Map, in the event acourt oflaw finds the use in violation of any ofthe following conditions:

A. The use established on site does not conform, at any time, with any or all permitcondition(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 of the 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 LaredoLand Development Code, Subsection 24.94.10, Conditional Use Permit revocation proceduresshall commence 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

2

minimum often (l0) working days, within which time the use may be brought intocompliance with the current City Council approved Conditional Use Permit for thatlocation.

B. If noncompliance persists after the conclusion of the warning grace period, a Zoning Enforcement 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 of this Ordinance, Zoning Enforcement Staff will issue writtennotification of same. Ten days after issuance of Zoning Enforcement notificationof discontinuance or failure to commence, the Planning Director shall then issue thepermit holder written notification of the Conditional Use Permit's official revocation and removal from the" City of Laredo Zoning Map.



ATTEST:



c--8~~-------BY: KRISTINA:LE "ASSISTANT CITY ATTORNEY

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February 8, 2006

City of Laredo Planning Department1120 San Bernardo Ave.Laredo, Texas 78040

Ref: Property Lot 1-2 & 3 Block 1998 E.D. 3203 Kearney St.

To Whom It May Concern:

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Tel: (956) 724 6857Fax: (956) 724 8974

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We are applying CUP for my property located at 3203 Kearney St.Fred's Plumbing employees are an average of32 employees. We have been in business for 14years. We are a commercial & residential Plumbing contractor; our hours of operation arefrom 8:00 am to 5:00 pm. We want to change the zoning of this property to be able tobuild a 5,000 sq ft warehouse for general plumbing & equipment storage. If you have anyfurther questions please give me a call at 956-724-6857.

Sincerely,

3118 KEARNEY STREET - LAREDO, TEXAS 78043

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3203 Kearney LaneZC-67-2008

3203 Kearney LaneZC-67-2008

2


Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2008-0-235Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning the west two-

12/01/08 thirds of Lots 1 and 8, Block 1816, Eastern Division, located at 2901 Saunders Street, fromB-3 (Community Business District) to B-4 (Highway Commercial District); providing for

Item # publication and effective date.

ZC-70-2008Initiated by:Lamar Outdoor AdvertisingPuig Engineering


Prior action: This item was introduced by Hector J. Garcia at the meeting of November 17,2008.

BACKGROUND


Proposed use: Billboard Sign

Site: The site is occupied by Tano Motors.

Surrounding land uses: To the north are the airport, City of Laredo Traffic Division, and City ofLaredo Fleet Division. To the east lie 0' Reilly Auto Parts, R & S Feed Store, R & S Drive-Thru,Pandita's Drive-Thru, and a vacant commercial building. To the south are F.S. Lara Academy, vacantlots, single-family housing, a commercial building, Mr. Castillo Paint and Body Repair, two mobilehomes, and apartments. To the west lie Popeye's, vacant lots, and apartments.

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

Transportation Plan: The Long Range Thoroughfare Plan identifies Saunders Street as an Expressway.


STAFF COMMENTS


Staff does not support the proposed zone change. Although the proposed B-4 district conforms to the Comprehensive Plan's designation of this area as Retail/Office, the lot dimensions do not meet the minimum square footage of ten thousand square feet as stipulated for B4 districts by the Land Development Code.

P&Z COMMISSION RECOMMENDATION:The P & Z Commission, in a 8 to 1 vote, recommendedapproval of the zone change.

Page 1 of 2

STAFF RECOMMENDATION:Staff does not support the proposed zonechange.


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?Yes, this area is an established B-3 district, and the businesses are B-3 in nature.

Would this change create an isolated zoning district unrelated to surrounding districts?Yes, although there is a B-4 zoning district directly south of the site, there is not enough of an establlished trend to diverge from the general zoning pattern.

Will change adversely influence living conditions in the neighborhood?No, the R-3 district south of the site has co-existed with the B-4 district next to them.

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

Page 2 of 2


AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OFLAREDO BY REZONING THE WEST TWO-THIRDS OF LOTS 1 AND8, BLOCK 1816, EASTERN DIVISION, LOCATED AT 2901SAUNDERS STREET, FROM B-3 (COMMUNITY BUSINESSDISTRICT) TO B-4 (HIGHWAY COMMERCIAL DISTRICT);PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a zone change has been requested by the owners of the west two-thirds ofLots 1 and 8, Block 1816, Eastern Division, located at 2901 Saunders Street, 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 October 16, 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 November 17,2008, 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,


Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezoning the west two-thirds of Lots 1 and 8, Block 1816, Eastern Division, located at 2901 Saunders Street, 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:



~""o~BY: KRISTINA L. HALEASSISTANT CITY ATTORNEY

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2901 Saunders

ZC-70-2008

RezonE" m B-3 (Community Business D' ct)to u-4 (Highway Commercial District) ..

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REZONE OF THE WEST 2/3 OF LOTS 1 & 8,BLOCK 1816 EASTERN DIVISION

VOLUME 434 PAGES 499 - 500

CITY OF LAREDO

DATE: 10.25.2008

SCALE: 1" =40'

FILE NAME: E0352100.BASE.dwg

PROJECT 10: E0343400

2901 Saunders StreetZC-70-2008

2901 Saunders StreetZC-70-2008

Date:

12/01/08

Item #


SUBJECT: FINAL READING OF ORDINANCE NO. 2008-0-236Amending Ordinance No. 2006-0-246 authorizing the issuance of a Conditional Use Permitfor a photo shop/studio office on the east 120 feet of Lot 6 and the east 120 feet of the southY2 of Lot 4, Block 1650, Eastern Division, located at 1910 N. Arkansas Avenue, by amending the narrative to reflect additional employees and longer hours of operation, and amending the site plan; providing for publication and effective date.

ZC-59-2008Initiated by:James O. Cox


Prior action: On October 16, 2006, City Council approved the final reading for an ordinance issuing a Conditional Use Permit to Jimmy Cox at 1910 N. Arkansas Avenue for a photo shop/studio (2006-0-246). This itemwas introduced by Hector J. Garcia at the meeting ofNovember 17,2008.BACKGROUND


Proposed use: Office

Site: The site is occupied by an office.

Surrounding land uses: To the north are single family housing, a Church of Christ, apartments, amanufactured housing unit, and Family Medical Clinic. To the east lie single family housing, a vacantday care, and a manufactured housing unit. To the south are single-family housing, manufacturedhousing units, apartments, Gladys Beauty Shop, Imperial Hair Studio, David H. Cruz, MD, Best WayRags-Wipers, Ramirez Key, Valero Stripes, and Lamar Middle School. To the west is single familyhousing.


Transportation Plan: The Long Range Thoroughfare Plan identifies Arkansas Avenue as a MinorArterial.

Letters sent to surrounding property owners: 19 In Favor: 0 Opposed: 0

STAFF COMMENTSStaff supports the amendment to the site plan but does not support the amendment to the narrative to reflect longer hours of operation and addition of employees. An office requires atleast an R-O designation, and the site is situated within a well established single-family residential district (R-1). However, should it be the will of the City Council to introduce the ordinance allowing all of the amendments, staff recommends all original conditions remain withcondition number seven being amended for clarification purposes and condition number eightbeing added to coincide with stipulations in the original narrative.

P&Z COMMISSION RECOMMENDATION:The P & Z Commission, in a 5 to 0 vote, recommendedapproval ofthe amendments to the Conditional Use Permit.

Page 1 of 2

(Continued on next paee)STAFF RECOMMENDATION:Staff supports the amendment to the siteplan but does not support the extension ofoffice hours or addition of employees to theConditional Use Permit's Exhibit "A."



Original Conditions Under Ordinance No. 2006-0-246:1. The Conditional Use Permit shall be issued to Jimmy Cox and is nontransferable.2. The Conditional Use Permit is restricted to the letter, Exhibit "A," which is made part hereof for all

purposes.3. The Conditional Use Permit is restricted to the site plan, Exhibit "B", which is made part hereof for

all purposes.4. The site shall comply with all parking requirements ofthe Laredo Land Development Code.5. The site shall provide trees and shrubs in compliance with the Laredo Land Development Code.6. A seven foot opaque fence shall be erected adjacent to the residential uses.7. Signage is limited to the maximum of a 12 square foot sign attached to the wall.8. Use shall be limited to 1200 square feet ofthe living area.

Page 2 of 2


AMENDING ORDINANCE NO. 2006-0-246 AUTHORIZING THEISSUANCE OF A CONDITIONAL USE PERMIT FOR A PHOTOSHOP/STUDIO OFFICE ON THE EAST 120 FEET OF LOT 6 AND THEEAST 120 FEET OF THE SOUTH HALF (1/2) OF LOT 4, BLOCK 1650,EASTERN DIVISION, BY AMENDING THE NARRATIVE TO REFLECTADDITIONAL EMPLOYEES AND LONGER HOURS OF OPERATION,AND AMENDING THE SITE PLAN; PROVIDING FOR AN EFFECTIVEDATE AND PUBLICATION.

WHEREAS, a request has been received for the issuance of a Conditional Use Permitfor photo shop/studio office on the east 120 feet of Lot 6 and the east 120 feet of the south half(1/2) of Lot 4, Block 1650, Eastern Division; 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 September 18, 2008; and,



WHEREAS, the City Council has held a public hearing on November 17,2008, on therequest and finds the Conditional Use Permit amendment appropriate and consistent with theGeneral Plan of the City of Laredo; and,




Section 1: The Zoning Map of the City of Laredo be and is hereby amended authorizing the issuance of a Conditional Use Permit for a photo shop/studio office on the east 120 feetof Lot 6 and the east 120 feet of the south half (1/2) of Lot 4, Block 1650, Eastern Division.


1. The Conditional Use Permit shall be issued to Jimmy Cox and is nontransferable.

1

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

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

4. The site shall comply with all parking requirements of the Laredo Land DevelopmentCode.

5. The site shall provide trees and shrubs in compliance with the Laredo Land DevelopmentCode.

6. A seven foot opaque fence shall be erected adjacent to the residential uses.7. Signage is limited to the maximum of a 12 square foot sign attached to the wall.8. Use shall be limited to 1200 square feet of the living area.




1. Criteria

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




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

2. Procedures


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 aminimum of ten (l0) working days, within which time the use may be brought intocompliance with the current City Council approved Conditional Use Permit for thatlocation.

2




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 notificationof discontinuance or failure to commence, the Planning Director shall then issue thepermit holder written notification of the Conditional Use Permit's official revocation and removal from the City of Laredo Zoning Map.



ATTEST:



:K~C1.....~~BY: KRISTINAL.HALE .ASSISTANT CITY ATTORNEY

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City of LaredoGIS Division

To whom it may concern,By means of this letter I would like to submit for your consideration some changes to theConditional Use Permit (CUP) granted to me for the property located in 1910 N.Arkansas Ave.Ever since the last submission for a CUP, which was subsequently approved, I have seenmy school portrait business grow, and with this growth comes the need for moreemployees and extended hours ofoperation.Originally I had two employees, but this is no longer sufficient, as more and moreschools are requiring our services, and I need to hire more photographers to work onsite,in the schools. This also means more work for me, because, as is typical of smallbusinesses everywhere, the owner wears many hats and thus is required to work longhours.In consideration of the above factors, I would like to propose the following changes to theCUP at the above mentioned location:

1) The authorization to have 6 employees.2) The authorization to extend working hours to 11 :00 PM.

Now having said this, I would like to make some clarifications to the above statements:1) Four of these employees would be photographers, and two would be office

personnel. This is relevant because I do not use the current location as a studio,and thus do not have customers attendthe premises. This is because I operate aschool portrait business, and every aspect ofmy business is conducted through theschools. These photographers would only come to the office location once theyare finished with the day's work in order to drop off the picture CDs ofthe currentday's work. Because different jobs are finished at different times in the day,photographers rarely coincide in the office.

2) Regular hours of operation would end at 3:30 PM, with maybe one or twoemployees staying until 5:00 PM. Occasionally I would be the one to stay late.

I would also like to mention that, in practice, things would not change a whole lot, sinceroutinely there would be two employees at the office and occasionally a couple more forshort periods of time, and the hours of operation would also practically remain the same,since I am usually the only person that would stay late.

Best Regards,

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1910 N. Arkansas AvenueZC-59-08

1910 N. Arkansas AvenueZC-59-08

Date:

12/01/08

Item #


SUBJECT: FINAL READING OF ORDINANCE NO. 2008-0-237Amending Ordinance No. 2005-0-271 authorizing the issuance of a Conditional Use Permitfor a bar on Lot 1, Block 1, Rancho Verde Subdivision, located at 9652 McPherson Road,Ste. #1, by amending the provisions to reflect an additional owner and extend the expirationdate of the Conditional Use Permit for three years; providing for publication and effectivedate.

ZC-68-2008Initiated by:Average Joe's, LLC


Prior action: On November 7, 2005, City Council approved the issuance of a Conditional Use Permit toJorge O. Gutierrez, Jr. at 9652 McPherson Rd., Ste. #1 for a bar (2005-0-271). This item was introducedby Gene Belmares at the meeting ofNovember 17,2008.BACKGROUND

Council District: VI - Gene Belmares

Proposed use: Bar

Site: The site is occupied by Average Joe's Sports Bar and Grill, Athens Restaurant, CEC Engineer.ing, Laredo Sports Medical Clinic, and a vacant commercial structure.

Surrounding land uses: To the north are a vacant lot, El Rancho Restaurant, and single-family housing. To the east lie Laredo National Bank, Danny's Restaurant, and vacant lots. To the south are Aldape Goodyear and vacant lots. To the west are condominiums and vacant lots.


Transportation Plan: The Long Range Thoroughfare Plan identifies McPherson Road as a MajorArterial.


STAFF COMMENTS


Staff supports the amendments to include Laredo Rancho Verde, Ltd. and extend the expiration date for three years. A three-year time limit provides a mechanism whereby nuisancescan be monitored and accounted for upon renewal. Should the City Council introduce theamendment, staff recommends all other conditions remain.

(Continued on next pae:e)P&Z COMMISSION RECOMMENDATION:The P & Z Commission, in an 8 to 0 vote, recommendedapproval of the amendments to the Conditional Use Permit. There was 1 vote in abstention.

Page 1 of 2

STAFF RECOMMENDATION:Staff supports the amendments to the Conditional Use Permit.



1. The facility's exterior lighting shall be low impact and directed towards the ground and away fromany abutting residential zones or uses including multi-family dwellings.

2. Parking shall comply with the Laredo Land Development Code at all times.3. The Conditional Use Permit shall be issued to Average Joe's Bar and Laredo Rancho Verde, Ltd. and

is nontransferable.4. The Conditional Use Permit is restricted to the activities provided in the letter, Exhibit "A", which is

made part hereof for all purposes.5. The applicant shall provide an eight (8) foot opaque fence where the site directly abuts any residen

tial zone or use.6. There shall be no live music, speakers or televisions outside.7. The outdoor dining area will be closed at 10 p.m. Sunday through Thursday and at 12 a.m. Friday

and Saturday.8. Signage shall be limited to that which is allowed in a B-3 district.9. The Conditional Use Permit is restricted to the site plan, Exhibit "B", which is made part hereof for

all purposes.10. The outdoor patio will be screened with a four (4) foot fence around the deck.11. A Conditional Use Permit is issued for a three year time period.12. A full service kitchen must remain open and in operation until 10 p.m. every day that the bar is open

for business.

Page 2 of 2


AMENDING ORDINANCE NO. 2005-0-271 AUTHORIZING THEISSUANCE OF A CONDITIONAL USE PERMIT FOR A BAR ON LOT 1,BLOCK 1, RANCHO VERDE SUBDIVISION, LOCATED AT 9652MCPHERSON ROAD, STE. #1, BY AMENDING THE PROVISIONS TOREFLECT AN ADDITIONAL OWNER AND EXTEND THE EXPIRATIONDATE OF THE CONDITIONAL USE PERMIT FOR THREE YEARS;PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION.

WHEREAS, a request has been received for the issuance of a Conditional Use Permit fora bar on Lot 1, Block 1, Rancho Verde Subdivision, located at 9652 McPherson Road, Ste. #1;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,


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 bar on Lot 1, Block 1, Rancho Verde Subdivision,located at 9652 McPherson Road, Ste. #1.


1. The facility's exterior lighting shall be low impact and directed towards the ground andaway from any abutting residential zones or uses including multi-family dwellings.

1

2. Parking shall comply with the Laredo Land Development Code at all times.3. The Conditional Use Permit shall be issued to Average Joe's Bar and Laredo Rancho

Verde, Ltd and is nontransferable.4. The Conditional Use Permit is restricted to the activities provided in the letter, Exhibit "A",

which is made part hereof for all purposes.5. The applicant shall provide an eight (8) foot opaque fence where the site directly abuts any

residential zone or use.6. There shall be no live music, speakers or televisions outside.7. The outdoor dining area will be closed at 10 p.m. Sunday through Thursday and at 12 a.m.

Friday and Saturday.8. Signage shall be limited to that which is allowed in a B-3 district.9. The Conditional Use Permit is restricted to the site plan, Exhibit "B", which is made part

hereof for all purposes.10. The outdoor patio will be screened with a four (4) foot fence around the deck.11. A Conditional Use Permit is issued for a three year time period.12. A full service kitchen must remain open and in operation until 10 p.m. every day that the

bar is open for business.




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 ofthe 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.




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:

2

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 location.

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


D. The Planning Director shall then issue the permit holder written notification oftheConditional 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 Staffwill 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:



=kv~V\~~BY: KRISTINA L. HALEASSISTANT CITY ATTORNEY

3

Reque~ Jr C.U.P.(Conditional Use Perm~9652 McPherson Rd

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ZONE DISTRICTS~ ZC·68·2008 -:. -J Zone Districls

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Average Joe's LLC.

• Located at 9652 McPherson Rd• 3500sqft of-area inside• l057sqft outside dinning area• Outside area will be enclosed by a block fence and then a decorative

wrought iron fence above that to a height of at least 6 feet. Screeningany neighbors to the northwest but leaving a view to McPherson.

• The back ofAverage Joe's will have a fence also screening anyresidential neighbors to the northwest.

• The Outdoor Dinning area will be closed at lOpm Sunday throughThursday and at 12am Friday and Saturday.

• 5-7 employees'per shift• 4 pool tables• 2 dart boards• 1 foos ball table• 4 Video games• Open from 1Iam to 2am daily; Restaurant may have extended hours• 18 TVs ranging from 27inch to 60 inch flat panel• Stage Area for Bands• Small Dance area• Varied Menu• Full Service Bar serving a variety ofMixed Beverages, wine, and

bottled beer

All items listed above except the fencing requirements agreed to at CityCouncil and the outdoor dinning hours, are pre-opening estimations and maychange as business decisions dictate.

As Laredo continues to grow so do the demands. A sports bar inthis location will provide needed entertainment to a growing and morediverse population. Average Joe's wants to offer a unique experience,designed specifically to cater to the sports enthusiast. Average Joe'splans to broadcast a wide spectrum of sporting events and also plansto have promotions to send clientele to some professional and amateur

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"MEET THE F~ 'PLE OF LAREDO DAY" so tho he populationhas a chance to h",( questions of the athletes. Plans ....e being made tosee if it's possible to have a live broadcast by the San Antonio sportsstation 760am at Average Joe's. Various gaming tournaments will beplanned for the future including but not limited to Pool tournaments,Dart tournaments and Foosball tournaments. One ofthe many newvideo games being installed will be Madden Tournament Editionwhich will let players compete online with people across the countryin a battle of football. This may also tie in with the popular MaddenChallenge.

On nights where no major sporting events are on, there will bebands from San Antonio, Austin and Dallas as well as local bandsplaying. Ifno bands are going to be playing a jukebox or DJ will beplayi~gmusic. Available for entertainment is a Karaoke system withthe latest music.

These are just some of the events being planed for in the future.As business grows these plans will change to include more items ordiscard items that were not viable.

The advantage of receiving a CUP designation is so thatoperations may continue even ifthe kitchen is closed or ifbusinessdecisions dictate closing the kitchen entirely at a particular hour. Thisis a sports bar and would like to include such a designation in theslgnage.

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Item #


SUBJECT: FINAL READING OF ORDINANCE NO. 2008-0-238Amending Ordinance No. 2006-0-264 authorizing the issuance of a Conditional Use Permitfor a bus terminal on Lots 6-7, Block 176, Western Division, located at 1020 Santa UrsulaAvenue, by amending the provisions to extend the expiration date for the Conditional UsePermit for one year; providing for publication and effective date. (As amended)

ZC-66-2008Initiated by:EG Martinez Properties, LTDEdelmiro J. Martinez


Prior action: On October 21,2006, City Council approved an introductory ordinance issuing a Conditional Use Permit to Edelmiro J. Martinez for a bus terminal (2006-0-264). This item was introduced byCynthia Liendo Espinoza at the meeting ofNovember 17,2008.BACKGROUND

Council District: VIn - Cynthia Liendo Espinoza

Proposed use: Bus Terminal

Site: The site is occupied by a commercial strip plaza.

Warnings/Citations: The site received a warning on February 2, 2008 for failure to comply withcondition number ten of the Conditional Use Permit and two citations on April 3, 2008, and April 22,2008, respectively, for operating a bus terminal in a B-3 district and storing and parking passengerbuses in a B-3 zone.

Surrounding land uses: To the north are Bruni Plaza, McDonald's, an employee parking lot, Stripes,Kentucky Fried Chicken, Caste Auto Sales, and Exxon. To the south are Tornado Bus Company, HKGlobal Duty and Tax Free, and a casa de cambio. To the west lie Hunan's Downtown Chinese Buffet,FQR Architecture and Urban Design, the Webb County Sheriffs Office, and Firestone.

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

Transportation Plan: The Long Range Thoroughfare Plan identifies Santa Ursula Avenue as aFreeway.


STAFF COMMENTS


Staff supports the amendment to the Conditional Use Permit. A one-year time limit providesa mechanism whereby nuisances can be monitored and accounted for upon renewal. Shouldthe City Council introduce the ordinance, staff recommends all other conditions remain.

(Continued on next pa~e)P&Z COMMISSION RECOMMENDATION:The P & Z Commission, in a 9 to 0 vote, recommendedapproval of the amendment to the Conditional Use Permit.

Page 1 of 2

STAFF RECOMMENDATION:Staff supports the amendment to the Conditional Use Permit.



1. Parking shall comply with the Laredo Land Development Code at all times.2. The Conditional Use Permit shall be issued to Edelmiro J. Martinez and is nontransferable.3. The Conditional Use Permit is restricted to the activities described in 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 for

all purposes.5. The applicant shall plant and maintain trees and shrubs in compliance with the Laredo Land Devel

opment Code.6. All property shall be kept in an attractive fashion with landscaping properly maintained.7. All trash, garbage, and other waste shall be kept in sanitary containers, which at all times must be

concealed from public view.8. Signage shall be limited to that which is allowed in a CBD district.9. Buses must enter off of Washington Street and exit off of Santa Ursula Avenue.10. The permit is restricted to three years.

Page 2 of 2


AMENDING ORDINANCE NO. 2006-0-264 AUTHORIZING THEISSUANCE OF A CONDITIONAL USE PERMIT FOR A BUS TERMINALON LOTS 6-7, BLOCK 176, WESTERN DIVISION, LOCATED AT 1020SANTA URSULA AVENUE, BY AMENDING THE PROVISIONS TOEXTEND THE EXPIRATION DATE FOR THE CONDITIONAL USEPERMIT FOR ONE YEAR; PROVIDING FOR AN EFFECTIVE DATEAND PUBLICATION.

WHEREAS, a request has been received for the issuance of a Conditional Use Permitfor bus terminal on Lots 6-7, Block 176, Western Division, located at 1020 Santa Ursula Avenue; and,








Section 1: The Zoning Map of the City of Laredo be and is hereby amended authorizing the issuance of a Conditional Use Permit for a bus terminal on Lots 6-7, Block 176, Western Division, located at 1020 Santa Ursula Avenue.


1. Parking shall comply with the Laredo Land Development Code at all times.

1

2. The Conditional Use Permit shall be issued to Edelmiro J. Martinez and is nontransferable.

3. The Conditional Use Permit is restricted to the activities described in 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 parthereof for all purposes.

5. The applicant shall plant and maintain trees and shrubs in compliance with the LaredoLand Development Code.

6. All property shall be kept in an attractive fashion with landscaping properly maintained.7. All trash, garbage, and other waste shall be kept in sanitary containers, which at all times

must be concealed from public view.8. Signage shall be limited to that which is allowed in a CBD district.9. Buses must enter off of Washington Street and exit off of Santa Ursula Avenue.10. The permit is restricted to one year.




1. Criteria






2. Procedures


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

2

minimum often (l0) working days, within which time the use may be brought intocompliance with the current City Council approved Conditional Use Permit for thatlocation.







ATTEST:



g~~LN\r:;;:Y~~BY: KRISTINA L. HALEASSISTANT CITY ATTORNEY

3

1020 Santa Ursula

ZC-66-2008

Reque~ Jr C.U.P.(Conditional Use Permi ..NORTH

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ZONE DISTRICTS

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August 15,2006.

RE: CBD C.U.P.Autobuses Adame1020 Sta, Ursula St.

TO: City of LaredoPlanning Depa11ment

Please accept this letter as part of my C.U.P. application as referenced above.

The Autobuses Adame operation employs 2 persons per shift on a 24 hours a day, 7 days aweek timcframe. There are 12 parking spaces, on the location dedicated to this business;although the great m~iority of the persons coming to this location are either dropped off, comeby taxi, or walk from the International Bridge.

Ten, 40 person passenger buses come to or leave this location on a daily basis (five n011hboundand five southbound. The great majority are at the bus station once at the time for no more than5-10 minutes.These proposed operational characteristics are not proposed to change.

The attached plan shows the site location.If there are additional requirements or clarifications needed, please advise me at 956-237-9003.

--:;E:-~ t {(-f~tEdelmiro MartinezProperty Owner.

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1020 Santa Ursula AvenueZC-66-08

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1020 Santa Ursula AvenueZC-66-08

2

Date:

12/01/08

Item #


SUBJECT: FINAL READING OF ORDINANCE NO. 2008-0-239Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a ConditionalUse Permit for an Office on Lot 25, Block 10, Los Presidentes II, located at 1924 AvenidaDurango; providing for publication and effective date. (As amended)

ZC-65-2008Initiated by:Jose J. VasquezCynthia Vasquez


Prior action: This item was introduced by Mike Garza at the meeting of November 17,2008.

BACKGROUND

Council District: I - Mike Garza

Proposed use: Office

Site: The site is occupied by a single-family house.

Surrounding land uses: To the north and south are single-family residences. To the east is UnitedSouth High School. To the west lie the Lamar Bruni Vergara Boys and Girls Club and United SouthMiddle School.


Transportation Plan: The Long Range Thoroughfare Plan does not identify Avenida Durango.


STAFF COMMENTS


Staff does not support the proposed Conditional Use Permit at this location. The proposed useis not in conformance with the Comprehensive Plan's designation for this area as Low Density Residential. Further analysis reveals the lot is too small to accommodate the movementan office would generate. However, should it be the will of the Planning and Zoning Commission to recommend approval to City Council, staff recommends the following conditions:

(Continued on next page)

P&Z COMMISSION RECOMMENDATION:The P & Z Commission, in a 4 to 1 vote, recommendeddenial of the Conditional Use Permit.

Page 1 of 2

STAFF RECOMMENDATION:Staff does not support the proposed Conditional Use Permit.



1. The C.D.P. shall be issued to Cynthia and Jose J. Vasquez, and is nontransferable.2. The C.D.P. is restricted to the activities describe in letter, Exhibit "B", which is made part hereof for

all purposes.3. The C.D.P. is restricted to the site plan, Exhibit "C," which is made part hereof for all purposes.4. Signage is limited to the maximum of a 12 square foot sign attached to the wall.5. The applicant shall provide and maintain parking spaces in accordance with the Land Development

Code.6. The owner shall provide and maintain five (5) trees and twenty (20) shrubs in compliance with the

Land Development Code.7. Hours of operation shall be from 8 AM through 6 PM, Monday through Friday.8. Employee and/or customer vehicles shall not be parked along public right-of-way.9. A seven foot opaque fence shall be erected adjacent to the residential uses.10. The C.D.P. is restricted to six months from date of issuance.

Page 2 of 2


AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OFLAREDO BY AUTHORIZING THE ISSUANCE OF A CONDITIONALUSE PERMIT FOR AN OFFICE ON LOT 25, BLOCK 10, LOSPRESIDENTES II, LOCATED AT 1924 AVENIDA DURANGO;PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION.

WHEREAS, a request has been received for the issuance of a Conditional Use Permitfor an office on Lot 25, Block 10, Los Presidentes II, located at 1924 Avenida Durango; 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 September 18, 2008; and,

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


Section 1: The Zoning Map of the City of Laredo be and is hereby amended by authorizing the issuance of a Conditional Use Permit for an office on Lot 25, Block 10, Los Presidentes II, located at 1924 Avenida Durango.


1. The C.U.P. shall be issued to Cynthia and Jose J. Vasquez, and is nontransferable.2. The C.U.P. is restricted to the activities describe in letter, Exhibit "B", which is made part

hereof for all purposes.3. The C.U.P. is restricted to the site plan, Exhibit "C," which is made part hereof for all

purposes.

1

4. Signage is limited to the maximum of a 12 square foot sign attached to the wall.5. The applicant shall provide and maintain parking spaces in accordance with the Land

Development Code.6. The owner shall provide and maintain five (5) trees and twenty (20) shrubs in compliance

with the Land Development Code.7. Hours of operation shall be from 8 AM through 6 PM, Monday through Friday.8. Employee and/or customer vehicles shall not be parked along public right-of-way.9. A seven foot opaque fence shall be erected adjacent to the residential uses.




1. Criteria





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

2. Procedures


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 aminimum often (10) working days, within which time the use may be brought intocompliance with the current City Council approved Conditional Use Permit for thatlocation.


2






ATTEST:



h<~~U~~BY: KRISTINA L. HALEASSISTANT CITY ATTORNEY

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ZONE DISTRICTS

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City of LaredoGIS Division

.:iOU5 Garden rrima r'y Co.

August 26, 2008

City of LaredoAlbert Garza, SupervisorBuilding Department, Zoning Decision1120 San BernardoLaredo, TX 78042

RE: 1924 Durango Ave., Laredo, TX 78046

Dear Mr. Garza,

Current Zone: R-1

I am hereby requesting to be allowed to remain at my current address while the course of myrequest for a Conditional Use Permit is processed. I personally went by to the BuildingDepartment to request information regarding required permits on August 21, 2008. It was mysurprise to find a City Zoning Official in my office the very next morning. Not only was I issued a"warning" citation, but I was asked to comply within 10 days. I thought that by "comply" theofficer meant for me to submit my CUP request; but I was informed that I would come intocompliance by moving my office out!

I have been in business since 2003. I, through a sole-proprietorship DBA: Precious GardenPrimary Care, am a Home and Community Support Services Agency Licensed through the Stateof Texas: Department of Aging and Disabilities Services. Through the years, I have conductedmy business out of what was my first home. I have never had any problems with my neighbors.The business has never been of inconvenience to them. The city came to know of my businessthrough my own inquiring in your department. I am a person who deals with policies,procedures, and compliance issues on a full time basis. I am in clear understanding of what it is Ineed to do. I just strongly believe that ifmy business has not been a problem in 4.5 years; thenwhat harm could it do to allow the office to proceed at least until the decision of the CUP.

The services that we provide to the community are allowable through the Department of Agingand Disabilities Services (DADS). We provide what is, locally, commonly known as "PALOMITA"services. Through the state, they are attendant/provider services provided to the elderly anddisabled through Medicaid benefits to help them complete their personal care tasks andcleaning needs. The employees/palomitas that I have report directly to the patients' nome; theyare not housed in the Administrative Office that is n~w in question at 1924 Avenida Durango inLos Presidentes. In the office, yciu will regularly see 4 staff employees that help in all theadministrative functions of the agency. A four additional part time employees work out in thefield visiting patients and only come into the office to submit required documentation.

The "Palomitas" that I employ have come to total 133 -137 per payroll. P.G.P.C pays on a semimonthly basis. So the only time that we have them come into the office is during paydays (twotimes per month). Even then, the office does not produce traffic to congest the neighboringstreets. Traffic is, by far, disrupted more by the vehicles picking up children at the nearingschools of United South High School and United South Junior High School. Since the attendant

1924 Durango Ave.. Laredo. TX 78046 Phone, (956) 722-9311 Fax, (956) 723-8616

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schedules vary greatly; they do not come in all at the same time nor do they all come in on thesame day. At most, you will see 5 providers in our office at any given time. Their only businessin the office is to pick up their checks and then they leave. Some providers come in 2 to 3 daysafter payday to pick up their checks.

All business is conducted in the patient home. The patient is at no point required to come intothe office for the purpose of service delivery. When we initiate new patient care cases; wealways go out to them. We work with the elderly and disabled; so surely we do not want totrouble them by requiring them to leave the comfort of their home.

Annually the office provides Employee Training as required by law. When I have planned forthese meetings in the past, I have always accommodated meetings where no more than 15employees come in at a time. When these providers have come in, I have obtained permissionfrom the owner of a vacant lot across from our office to allow providers to park their vehiclesthere to avoid any traffic problems. If CUP is approved, I am looking forward to purchasing thismentioned vacant lot in order to accommodate appropriate parking.

Please consider all the conservative measures that we have taken over the years. Consider myrequest to allow us to stay here throughout the process of the cUP. If at the end, the CUPcannot be approved; I will take all appropriate measures to ensure my compliance.

Cordially,

I, ()ynfh; a. v'£l.l.··1W Z- , confirm that all statements made herein aretrue and correct with regards to business conducted at 1924 Avenida Durango, Laredo, TX78046.~

Cynthia~---

Given und ri'ny hand and seal of.9ffice, this Zcn·- of August, 2008...........~.....

;-- Og/7-~(O .rDate

..~~~;'i.F.~;;?. ROSEMARY GO~ZALEZ! '~':'; \NOT.Mr~Ml,ci'lt i *i State ofTexas\s........:~ l My Commission Expires

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1924 Durango Ave.. Laredo. TX 78046 Phone, (956) 722-9311 Fax: (956) 723-8616

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1924 Avenida DurangoZC-65-08

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lDATE:

12-1-08

COUNCIL COMMUNICATIONSUBJECT: FINAL READING OF ORDINANCE NO. 2008-0-240!Authorizing the City Manager to execute a Lease Amendment to the Lease Agreement~ated October 23,2000, and authorized by Ordinance No. 2000-0-259 between the CitypfLaredo, as Lessor, and Barker Aeromotive, as Lessee, for approximately 10,500square feet ofland located at 4015 North Jarvis Avenue at the Laredo International1AirP0rt. Said Amendment will (a) reduce the leased area from approximately 10,500square feet ofland to 2,529 square feet ofland, (b) adjust the monthly rent obligation to$268.07 and (c) amend Lessee's insurance requirements effective December 1, 2008. Allpther terms and conditions remain unchanged and in effect; providing for an effective~ate.

IINITIATED BY: Jesus M. OlivaresAssistant City Manager


PREVIOUS ACTION: On November 17, 2008, Ordinance was introduced by City Council, and Staffwasnstructed to proceed.

~ACKGROUND:

Lessor and Lessee agree to amend the lease agreement in order to reduce the leased area from 10,500 squaref'ee ofland to 2,529 square feet ofland, adjust the monthly rent obligation accordingly to $268.07, andamend Lessee's insurance requirements. All other terms and conditions will remain unchanged and in effect.The leased premises are used for the sole purpose of storing and dispensing aviation fuels.

!Lease term is for nineteen (19) years and eleven (11) months commencing on September 1,2000 and endingon July 31, 2020 and may be extended for two (2) consecutive five (5) year terms ending July 31, 2025 and~uly 31,2030.

Irhe monthly rent shall be adjusted annually during the primary and extension terms ofthis lease according to~hanges in the Consumer Price Index. Further rent adjustments shall be made by Fair Market Value appraisalon the 10th and 20th anniversaries.

!Lessee is required to provide Indemnification to the City ofLaredo by providing fire and other risk insurance,!products liability insurance and pollution insurance.

!FINANCIAL: Aeronautical Land Rent RevenuesAccount No. 242-0000-361-2070Proposed Monthly Rent: $268.07 x 12 Months = $3,216.84

COMMITTEE RECOMMENDATION:On September 9, 2008, the Airport Advisory Committee~onsidered this item and recommends approval.

STAFF RECOMMENDATION:!Approval of this Ordinance.


AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASEAMENDMENT TO THE LEASE AGREEMENT DATEDOCTOBER 23, 2000, AND AUTHORIZED BY ORDINANCENO. 2000-0-259 BETWEEN THE CITY OF LAREDO, AS LESSOR,AND BARKER AEROMOTIVE, AS LESSEE, FORAPPROXIMATELY 10,500 SQUARE FEET OF LAND LOCATEDAT 4015 NORTH JARVIS AVENUE AT THE LAREDOINTERNATIONAL AIRPORT. SAID AMENDMENT WILL(A) REDUCE THE LEASED AREA FROM APPROXIMATELY10,500 SQUARE FEET OF LAND TO 2,529 SQUARE FEET OFLAND, (B) ADmST THE MONTHLY RENT OBLIGATION TO$268.07 AND (C) AMEND LESSEE'S INSURANCEREQUIREMENTS EFFECTIVE DECEMBER 1, 2008. ALL OTHERTERMS AND CONDmONS REMAIN UNCHANGED AND INEFFECT; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Airport Manager recommends that the City Council approve theproposed Lease Amendment to the Lease Agreement dated October 23, 2000, andauthorized by Ordinance No. 2000-0-259 between the City of Laredo, as LESSOR, andBarker Aeromotive, as LESSEE, for approximately 10,500 square feet of land located inBlock No.1 at the Laredo International Airport, as a contract and in furtherance of thedevelopment of the Laredo International Airport and as a support to the maintenance andoperation ofthe Laredo International Airport.

WHEREAS, LESSOR and LESSEE agree to amend said lease agreement in orderto reduce the leased area from 10,500 square feet of land to 2,529 square feet of land,reduce the monthly rent obligation accordingly and amend LESSEE'S insurancerequirements. All other terms and conditions remain unchanged and in effect.

WHEREAS, Section 1.03, "Description of Premises Demised", is amended inorder to reduce the leased area to 2,529 square feet ofland.

WHEREAS, Paragraph A of Section 1.06, Rental Obligation and Mode ofPayment, amends the monthly rent to $268.07 effective December 1,2008.

WHEREAS, LESSEE'S insurance requirements are amended in Section. 3.02,"Property and Other Risk Insurance", Section 3.03, "Obligation of LESSEE", Section3.05, "Cancellation of Lease", Section 3.07, "Liability Insurance", and Section 3.08,"Insurance Policies and Modifications". All other terms and conditions remain unchangedand in effect.

WHEREAS, the Airport Advisory Committee finds that said Lease Amendment isin the best interest of the Airport and recommends that the City Council approve theproposed Lease Amendment; and

Page 1 of2

LEASE AMENDMENT WITH BARKER AEROMOTIVE



Section 1: The City Manager be and is hereby authorized to execute a LeaseAmendment to the Lease Agreement dated October 23, 2000, and authorized byOrdinance No. 2000-0-259 between the City of Laredo, as LESSOR, and BarkerAeromotive, as LESSEE, for approximately 10,500 square feet of land located in BlockNo.1 at the Laredo International Airport. Said Amendment will reduce the leased areafrom approximately 10,500 square feet ofland to 2,529 square feet ofland, and adjust themonthly rent obligation to $268.07, and amend Lessee's insurance requirements. A copyof which Lease Amendment is attached hereto as Exhibit A, and incorporated herein as ifset out at length for all intents and purposes.

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

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


ATTEST:



BY:';~P7,~VALERIA M. ACEVEDOASSISTANT CITY ATTORNEY

Page 2 of2

DATE:

12-1-08

COUNCIL COMMUNICATIONSUBJECT: FINAL READING OF ORDINANCE NO. 2008-0..241Authorizing the City Manager to execute a lease with Laredo Aero Center, Inc.,for approximately 7,882 square feet of land located at the Airport WestsideFuel Farm at the Laredo International Airport. Lease term is for eleven (11)years and eight (8) months commencing on December 1, 2008, and ending onJuly 31, 2020, and may be extended for two (2) terms of five (5) years eachending on July 31, 2025 and July 31, 2030. Monthly rent shall be $835.49 andwill be adjusted annually according to changes in the Consumer Price Indexand further rent adjustments shall be made by Fair Market Value appraisal onthe 10th and 20th anniversaries; providing for an effective date.



PREVIOUS COUNCIL ACTION: On November 17, 2008, Ordinance was introduced by CityCouncil, and Staff was instructed to proceed.

BACKGROUND:

Laredo Aero Center, Inc., wishes to lease approximately 7,882 square feet of land located at theAirport Westside Fuel Farm for the sole purpose of storage and dispensing of aviation fuels.

FINANCIAL IMPACT: Aeronautical Land RevenuesAccount No. 242-0000-361-2070Proposed Monthly Rent: $835.49 x 12 Months =$10,025.88

COMMITTEE RECOMMENDATION:On September 9, 2008, the Airport AdvisoryCommittee considered this items andrecommends approval.



AUTHORIZING THE CITY MANAGER TO EXECUTE ALEASE WITH LAREDO AERO CENTER, INC., FORAPPROXIMATELY 7,882 SQUARE FEET OF LANDLOCATED AT THE AIRPORT WESTSIDE FUEL FARMAT THE LAREDO INTERNATIONAL AIRPORT;1. LEASE TERM IS FOR ELEVEN (11) YEARS ANDEIGHT (8) MONTHS COMMENCING ONDECEMBER 1, 2008, AND ENDING ON JULY 31,2020,AND MAY BE EXTENDED FOR TWO (2) TERMS OFFIVE (5) YEARS EACH ENDING ON JULY 31, 2025ABD JULY 31, 2030;2. MONTHLY RENT SHALL BE $835.49 AND WILLBE ADJUSTED ANNUALLY ACCORDING TOCHANGES IN THE CONSUMER PRICE INDEX ANDFURTHER RENT ADJUSTMENTS SHALL BE MADEBY FAIR MARKET VALUE APPRAISAL ON THE lOrnAND 20rn ANNIVERSARIES; PROVIDING FOR ANEFFECTIVE DATE.

WHEREAS, the Airport Manager recommends that the City Council approve theproposed lease between the City ofLaredo, as LESSOR, and Laredo Aero Center, Inc., asLESSEE, for approximately 7,882 square feet of land located at the Airport WestsideFuel Farm at the Laredo International Airport, as a contract and in furtherance of thedevelopment ofthe Laredo International Airport and as a support to the maintenance andoperation ofthe Laredo International Airport;

WHEREAS, the Airport Advisory Committee finds that said lease is in the bestinterest of the Airport and recommends that the City Council approve the proposed lease;and



Section 1: The City Manager be hereby authorized to execute a lease with LaredoAero Center, Inc., for approximately 7,882 square feet of land located at the AirportWestside Fuel Farm at the Laredo International Airport, a copy ofwhich lease is attachedhereto as Exhibit A, and incorporated herein as if set out at length for all intents andpurposes.


Page lof2

AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BETWEEN THE CITY OF LAREDO AND LAREDO AEROCENTER, INC. (7.882 S.F. OF LAND)

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


ATTEST:



By:~tJ1.~VALERIA M. ACEVEDOASSISTANT CITY ATTORNEY

Page 2 of2

DATE:

12-01-08


SUBJECT: FINAL READING 2008-0-242AN ORDINANCE ELECTING FOR THE CITY TO MAKE CURRENT SERVICE ANDPRIOR SERVICE CONTRIBUTIONS TO THE CITY'S ACCOUNT IN THEMUNICIPAL ACCUMULATION FUND OF THE TEXAS MUNICIPAL RETIREMENTSYSTEM AT THE ACTUARIALLY DETERMINED RATE OF TOTAL EMPLOYEECONTRIBUTION

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

STAFF SOURCE:Daniel E. Migura, Jr., Human Resources Director

PREVIOUS COUNCIL ACTION:During the City Council meeting of November 17, 2008, Council instructed staff to proceed with thisordinance as presented.

BACKGROUND:ORDINANCE NO. 2003-0-280

October 20,2003Public hearing and introductory ordinance electing for the City of Laredo to make current serviceand prior service contributions to the City's account in the Municipal Accumulation Fund of theTexas Municipal Retirement System at such rate within legal limits, as the actuary annuallydetermines is required to fund within a period of twenty-five years from the most recentvaluation date, the costs of employee benefits payable from, or chargeable to, the City's saidaccount in said fund.

November 3, 2003Pursuant to Section 855.407(f), of the TMRS Act, the City hereby elects to make future

normal and prior service contributions to its account in the municipal accumulation fund of theSystem at such combined maximum rate, not exceeding 15.50% of the total compensation paidby the City to employees who are members of the System, as the System's actuary shallannually determine as the rate necessary to fund, within a period of twenty-five years from thelatest actuarial valuation date, the costs of all benefits heretofore undertaken to be provided bythe City and which are chargeable to or are to be paid out of the City's account in saidaccumulation fund.

FINANCIAL IMPACT:

None.


N/A

STAFF RECOMMENDATION:

Approve this Introductory Ordinance aspresented.


AN ORDINANCE ELECTING FOR THE CITY TO MAKECURRENT SERVICE AND PRIOR SERVICE CONTRIBUTIONSTO THE CITY'S ACCOUNT IN THE MUNICIPALACCUMULATION FUND OF THE TEXAS MUNICIPALRETIREMENT SYSTEM AT THE ACTUARIALLY DETERMINED RATE OFTOTAL EMPLOYEE CONTRIBUTION

WHEREAS, the City of Laredo, is a participating municipality in the TexasMunicipal Retirement System, and has undertaken to provide certain retirement, deathand disability benefits to its employees pursuant to Subtitle G, Title 8, GovernmentCode; and

WHEREAS, the City Council desires to authorize funding of such benefits asherein provided;

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

Section 1: Pursuant to Section 855.407(g) of the TMRS Act, the City hereby elects tomake future normal and prior service contributions to its account in the municipalaccumulation fund of the System at such combined rate of the total compensation paidby the City to employees who are members of the System, as the System's actuaryshall annually determine as the rate necessary to fund, within the amortization perioddetermined as applicable to the City under the TMRS Act, the costs of all benefits whichare or may become chargeable to or are to be paid out of the City's account in saidaccumulation fund, regardless of other provisions of the TMRS Act limiting thecombined rate of City contributions.

Section 2: The provisions of the ordinance shall become effective on the first day ofJanuary. 2009.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON

THISTHE DAYOF 2008.


ATTEST:



RAUL CASSOCITY ATTORNEY

DATE:

12/01/08

INITIATED BY:Cynthia CollazoDeputy City Manger


SUBJECT: RESOLUTION #2008-R-141

Authorizing the City Manager to enter into and execute an Interoperability UserLicense Agreement, attached hereto as Exhibit A, between the CorrectionsCorporation of America (CCA) and the City of Laredo for the purpose of granting anon exclusive permission to use the City of Laredo's 800 MHz Trunked Voice RadioSystem. CCA will be operating three (3) portable radios on a daily basis and will beresponsible to pay an initial fee of $1,769 per radio (unit) and an operational annualfee of $265 per radio (unit) for a total of $6,102.00 due upon execution of thisagreement.



None.

BACKGROUND:

This Interoperability User License constitutes an agreement between the Correction Corporation ofAmerica (CCA) and the City of Laredo.

FINANCIAL IMPACT:

The initial fee of $1 ,769 and annual fee of $265 per unit will be deposited into the InformationTechnology fund.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:Recommends the approval of this Resolution.

RESOLUTION #2008-R-141

Authorizing the City Manager to enter into and execute an Interoperability UserLicense Agreement, attached hereto as Exhibit A, between the CorrectionsCorporation of America (CCA) and the City of Laredo for the purpose of grantinga non exclusive permission to use the City of Laredo's 800 MHz Trunked VoiceRadio System. CCA will be operating three (3) portable radios on a daily basisand will be responsible to pay an initial fee of $1,769 per radio (unit) and anoperational annual fee of $265 per radio (unit) for a total of $6,102.00 due uponexecution of this agreement.

Whereas, the City of Laredo will grant CCA an non exclusive permission to usethe City of Laredo's 800 MHz Trunked Voice Radio System equipment with usagelimited to a maximum of three radio units for day-to-day usage and normal operations;and

Whereas, both parties acknowledge that it shall be CCA's sole responsibility,and at CCA's sole cost to independently secure any right of access required by the Cityof Laredo or any equipment needed to access the City's 800 MHz system; and

Whereas, the term of the permission herein granted shall be for a 2 year periodand shall renew automatically unless terminated for any reason or no reason by eitherparty in writing; and

Whereas, Interoperability users must abide by all applicable FederalCommunications Commission rules and regulations when operating radios on the City ofLaredo Radio System.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFLAREDTHAT:

SECTION 1: Authorizing the City Manager to enter into and execute an Interoperability UserLicense Agreement, attached hereto as Exhibit A, between the Corrections Corporation ofAmerica (CCA) and the City of Laredo for the purpose of granting a non exclusive permission touse the City of Laredo's 800 MHz Trunked Voice Radio System. CCA will be operating three (3)portable radios on a daily basis and will be responsible to pay an initial fee of $1,769 per radio(unit) and an operational annual fee of $265 per radio (unit) for a total of $6,102.00 due uponexecution of this agreement.

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

RAUL SALINASMAYOR

ATIEST:


APPROVED AS TO FORM:RAUL CASSO

CITY ATIORNEY

BY:..........-----------VALERIA M. ACEVEDO

ASSISTANT CITY ATIORNEY

EXHIBIT

~j A~::tf2C08-e-,q.1

INTEROPERABILITY USER LICENSE TO USE CITY'S 800 MHz RADIO SYSTEM

TIDS LICENSE, is granted this __day of , 2008, by THE CITYOF LAREDO, TEXAS, a municipal corporation, hereinafter designated the "Licensor" to theCorrections Corporation of America (CCA), hereinafter referred to as "Licensee" or"Interoperability User" (and collectively referred to as "Parties").

AGREEMENT

1. The Licensor, in consideration of the fees to be paid and the covenants andagreements to be performed by the Licensee, does hereby grant non exclusive permission untothe Licensee to use the City of Laredo's 800 MHz Trunked Voice Radio System equipment(hereafter referred to as "radio system"), and Licensee's usage is limited to a maximum of threeradio units for day-to-day usage and normal operations. Licensee is also authorized as anInteroperability User for the sole purpose of which will be enumerated in a template plan to beapproved by the City of Laredo Radio Communications Manager prior to radio unitprogramming. If control stations(s) are included in this authorization, antennas must meet thetwenty (20) foot rule.

2. All parties acknowledge that it shall be the Licensee's sole responsibility, and atLicensee's sole cost to independently secure any right of access required by the Licensee or anyequipment needed to access the City's 800 MHZ System.

TERM, FEES AND RENEWAL

3. Term: The term of the permission herein granted shall be for a period of two (2)year commencing at 12:00 am on the day of , 2008 and endingeleven fifty nine (11:59 p.m.) on the day of ,2010. This license shall renewautomatically unless terminated for any reason or no reason by either party in writing, at anytime within two months of the annual renewal date.

4. Initial Fee and Annual Fees: Licensee hereby covenants and agrees to pay bothan initial fee per unit of $1,769.00 per two-way radio unit ("radio unit"). An operational annualfee of $265.00 per unit is due upon execution of this instrument, and on the same date eachsucceeding year thereafter. The initial fee is a one time fee.

a. The Parties agree that to the extent not prohibited by law, the operational annualfee per unit shall increase by five percent (5%) every year this License is in effect.

b. Nothing in this License shall be read to prevent the Parties from expanding thenumber of radio units used by Licensee on comparable terms as agreed here, solong as prior written approval has been given by the City Manager.

5. The Licensee agrees and covenants that the annual fees payable by it shall beabsolutely net to the Licensor and without limiting the generality of the foregoing, acknowledgesits liability to pay any federal tax, state tax, or local tax which might be applicable and due,including other rates and charges, if any, levied or imposed on or with respect to Licensee's useof said radio system.

Page 1 of5

6. The Licensee covenants and agrees that, without prejudice to any other remedy onbehalf of the Licensor, interest on fees and other payments payable by or recoverable from theLicensee at the rate of fifteen percent (15%) per annum if such fees or other payments are notpaid or made when due.

LICENSOR'S PRIMARY RIGHT TO LICENSED PROPERTY

7. Notwithstanding any provision of this license agreement to the contrary, Licensorretains the right to discontinue use of radio system at any time and without notice to Licenseeand assuming no obligation to the Licensee. Further, Licensee may cancel this agreement forany reason, with or without cause, by giving written notice of termination to the City.

OPERATIONAL RIGHTS

8. Licensee shall not use the LPD operations talk-group as their primary radiocommunication platform for internal radio communication within their own agency.

9. Licensee must identify themselves when initiating conversations on the City ofLaredo Radio System by giving their agency name (or acronym approved by the City of LaredoRadio Communications Manager), followed by their unit number. Example: "XYZ PD, this isCCA unit 101."

10. When operating radios on the City of Laredo Radio System, InteroperabilityUsers must abide by all applicable Federal Communications Commission rules and regulations,City of Laredo Standard Operating Procedures, protocols set forth by individual talk-groupowners, and decisions and directives of the City of Laredo. Violations shall be grounds forimmediate disconnection of the Interoperability User's radio equipment from the City of LaredoRadio System and immediate termination of this agreement. The Interoperability User shallreimburse the City of Laredo Radio System Party that is the holder of an FCC license uponreceipt of demand for any costs, fines or penalties assessed against the license holder as a resultofa violation of an FCC rule or regulation by the Interoperability User. Attorney's fees shall alsobe assessed to the Interoperability User if such costs are incurred due to any violations that werecommitted by the Interoperability User.

11. Radio equipment shall be approved by the City of Laredo Radio CommunicationsManager prior to use on the City of Laredo Radio System. Any "P25 Phase One" approvedbrands/models of equipment will be allowed. All costs of an Interoperability User to acquire ormaintain radios or other equipment, train personnel, or to connect to the City of Laredo RadioSystem shall be borne and paid by the Interoperability User.

12. All Interoperability User agency personnel who will be operating approved radioequipment on the City of Laredo Radio System will be required to undergo user training, andsubmit to the City of Laredo Radio Communications Manager any required certification thatsuch training has been received. It is understood that only employees of CCA are authorized to .utilize the radio system under this license agreement.

RADIO PROGRAMMING & MAINTENANCE

13. Programming of Interoperability User radios for use on the City of Laredo RadioSystem must be done by the City of Laredo Radio Communication Services Division staff. Dueto the critical necessity of safeguarding the "system key," tight control over programming will be

Page 2 of5

exercised as to ensure the integrity of the system. "Emergency ID" functionality on the City ofLaredo Radio System will not be programmed into Interoperability User radios. It is furtherunderstood that the City of Laredo communications personnel technicians will conduct anyprogramming necessary initially to enable the radios and any future programming in the eventadditional radios are activated upon written request by CCA, as to ensure the integrity of theirsystem. Additionally, CCA will pay for any repairs or maintenance required to their ownequipment.


14. The Interoperability User acknowledges that radio systems are subject to periodicoutages, equipment failures, and other conditions which may prevent or interfere with radiocommunication. In no event shall the City of Laredo or any City of Laredo Radio System Partybe liable to Licensee for any claim or cause of action arising out of or related to a failure of theCity of Laredo Radio System.

CONFIDENTIAL INFORMATION

15. Information of any nature that are made available by The City ofLaredo or thatbecome available to CCA (Interoperability User) by virtue ofthis agreement, or the relationshipcreated by this agreement, must be held in strict confidence by CCA and its employees. Anyconfidential disclosures that are made or any confidential information that is made or becomesavailable to CCA and its' employees are made in reliance on this promise.

SUBLICENSE

16. Licensee may not sublicense any rights granted in this license, either directly orindirectly. Any unauthorized sublicense, at the Licensor's discretion will result in immediatetermination, forfeiture of any prepaid annual fees and subject Licensee to any other legal avenue,including criminal and civil actions.

AUTHORITY TO EXECUTE

17. The person executing this agreement on behalf of the Interoperability Userwarrants and represents that he or she has been duly authorized and empowered to execute andenter into this agreement on behalf of the Interoperability User, that all action necessary toapprove this agreement has been taken, and that this agreement is a binding obligation of theInteroperability User.

NOTICES

18. All notices, requests, demands, and other communications hereunder shall be inwriting and shall be deemed given ifpersonally delivered or mailed, certified mail, return receiptrequested, or by overnight courier to the following addresses:

If to Landlord: City ofLaredoAttn: ITSS Director1101 Garden St.Laredo, Texas 78040

Page 3 of5

If to Licensee: CCAWarden Mario N. Garcia9998 South Hwy. 83Laredo, Texas 78046Ph: (956) 723-1985

COMPLIANCE WITH LAW

19. Licensee acknowledges that it shall be the Licensee's sole responsibility and atLicensee's sole cost to apply for and obtain any permit, authorization, or other permission fromany international, federal, provincial or local government, board, tribunal, commission, agencyor other authority exercising jurisdiction over the Licensee or relating to Licensee's operationsand usage of the City's radio system.

MISCELLANEOUS PROVISIONS

20. This agreement constitutes the entire understanding of the parties related to thesubject matter hereof, and there shall be no modification or waiver hereof except in writing,signed by both parties. The agreement is made under and shall be governed by the laws of theState of Texas, and is performable in Webb County, Texas.

IN WITNESS WHEREOF, the parties hereto have executed this License Agreement inaccordance with law. Approved by City Council by Resolution No. 2008-R-__, on _

LICENSOR:City of Laredo

BY: Carlos R. VillarrealCITY MANAGER

ATTEST:

Gustavo GuevaraCITY SECRETARY

APPROVED AS TO FORM:Raul CassoCITY ATTORNEY

~-()1(~BY: Valeria M. AcevedoASSISTANT CITY ATTORNEY LICENSEE:

Corrections Corporation ofAmerica

BY:

Page 4 of5

STATE OF TEXAS

COUNTY OF WEBB

Before me, the undersigned, a Notary Public in and said County and State, on this __day of __, 20-, personally appeared to me known to be theidentical person who subscribed the name of the City of Laredo to the foregoing License as itsidentical person and he acknowledged to me that he executed the same as his free and voluntaryact and deed, and as the free and voluntary act and deed of such corporation, for the uses andpurposes herein set forth.

Given under my hand and seal ofoffice f the day and year last above written.

Notary Public(seal)


Before me, the undersigned, a Notary Public in and for said County and State, on this___ day of , 20__, personally appeared , tome known to the identical person who subscribed the name of City of Laredo to the ForegoingLicense as its identical person and he acknowledged to me that he executed the same as his freeand voluntary act and deed, and as the free and voluntary act and deed of such corporation, forthe uses and purposes therein set forth.


Notary Public(seal)

Page 5 of5

DATE:

12/01/08



SUBJECT: RESOLUTION # 2008-R-142Authorizing the City Manager to enter into and execute a cooperative workingagreement between the University of Texas Health Science Center at San AntonioPolice Department (UTHSCSAPD) Laredo Campus and the Laredo PoliceDepartment for the purpose of providing assistance on a special needs basis.



BACKGROUND:

The University of Texas Health Science Center at San Antonio Laredo campus located at 1937Bustamante Street has employed and commissioned peace officers. The UTSCSA has primary lawenforcement jurisdiction on all property owned, leased, or under the control of the UTHSCSAPD and shallprovide police services on said property.

FINANCIAL IMPACT:N/A



Authorizing the City Manager to enter into and execute a cooperative workingagreement between the University of Texas Health Science Center at SanAntonio Police Department (UTHSCSAPD) Laredo Campus and the LaredoPolice Department for the purpose of providing assistance on a special needsbasis.

Whereas, the UTHSCSAPD has primary law enforcement jurisdiction on allproperty owned, leased, or under the control of the UTHSCSA and shall provide policeservices on said property; and

Whereas, the UTHSCSAPD shall notify the Laredo Police Department of anyincident or situation on any property owned; leased, or under the control of theUTHSCSA that may affect the safety of the residents of the City of Laredo; and

Whereas, the Laredo Police Department shall notify the UTHSCSAPD of anyincident or situation on any property within the city limits of the City of Laredo that mayaffect the safety of the residents on any property owned, leased, or under the control ofthe UTHSCSA; and

Whereas, should the UTHSCSAPD request the assistance of the Laredo PoliceCSI unit for the purpose of collecting and preserving evidence, the Laredo PoliceDepartment shall be granted control of the crime scene. The UTHSCSAPD will supportand assist the Laredo Police evidence unit as directed by the ranking Laredo Policeofficer at the scene. The Laredo Police Department shall involve and coordinate theprocessing of the crime scene with the UTHSCSAPD. The UTHSCSAPD shall beresponsible for the storage, preservation, processing of all physical evidence, unless theUTHSCSAPD requests the Laredo Police Department to assume the responsibility forthe investigation and case management of the incident; and

Whereas, should the UTHSCSAPD request the assistance of the Laredo PoliceDepartment special operation unit in incidents involving the discovery of suspectedexplosive ordinance devices, a barricaded person or a hostage situation, or building orarea searches, the Laredo Police Department shall be granted control of the scene. TheUTHSCSAPD will support and assist the Laredo Police Department Special OperationsUnit as directed by the ranking Laredo Police officer at the scene. The Laredo PoliceDepartment shall involve and coordinate the resolution of the incident with theUTHSCSAPD. Upon resolution of the incident, the area shall be returned to the controlof the ranking UTHSCSAPD officer at the scene. The UTHSCSAPD shall beresponsible for the investigation and case management of the incident, unless theUTHSCSAPD requests the Laredo Police Department to assume this responsibility; and

Whereas, should the UTHSCSAPD request the assistance of the Laredo PoliceDepartment in the investigation of an offense which occurred on UTHSCSA property, theLaredo Police Department will assume responsibility for the investigation and casemanagement of the incident. The Laredo Police Department will involve and coordinatethe investigation with the UTHSCSAPD. Said investigative assistance may notnecessarily include the assistance outlined in previous paragraphs; and

Whereas, when it is necessary for the Laredo Police Department to execute awarrant or conduct an investigation on any property owned, leased, or under the controlof the UTHSCSA, the Laredo Police Department shall contact the UTHSCSAPD andrequest a UTHSCSAPD officer accompany the Laredo Police officer. The Laredo Policeshall refrain from interrupting a class to execute an arrest or search warrant. In the

event of "fresh" or "hot" pursuit, the Laredo Police Department communications unit shallnotify the UTHSCSAPD as soon as possible and the Laredo Police officer will proceedas necessary; and

Whereas, when it is necessary for the UTHSCSAPD to execute a warrant orconduct an investigation within the Laredo Police Department, excluding any propertyowned, leased, or under the control of the UTHSCSA, the UTHSCSAPD shall contactthe Laredo Police Department and request a Laredo Police officer accompany theUTHSCSAPD officer. In the event of "fresh" or "hot" pursuit, the UTHSCSAPDcommunications unit shall notify the Laredo Police Department as soon as possible andthe UTHSCSAPD officer will proceed as necessary; and

Whereas, the UTHSCSAPD shall be responsible for responding to all requestsfor police services originating from any property owned, leased, or under the control ofthe UTHSCSA. The Laredo Police Department shall transfer voice and datacommunications for all requests for police services originating on any property owned,leased, or under the control of the UTHSCSA to the UTHSCSAPD communicationscenter. The UTHSCSAPD shall be responsible for providing and maintaining allequipment and hardware necessary for the transfer of voice and data communicationfrom the Laredo Police Department; and

Whereas, the UTHSCSAPD shall be responsible for providing the Laredo PoliceDepartment with a current list of all properties owned, leased, or under the control of theUTHSCSA. The list will include the property name and street address; and

Whereas, the Chief of the UTHSCSAPD and the Chief of the Laredo PoliceDepartment may enter into more specific and detailed operational procedures andguidelines as necessary; and

Whereas, either party may terminate this agreement by notification in writing tothe other party.


SECTION 1: Authorizing the City Manager to enter into and execute a cooperative workingagreement between the University of Texas Health Science Center at San Antonio PoliceDepartment (UTHSCSAPD) Laredo Campus and the Laredo Police Department for the purposeof providing assistance on a special needs basis.

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

RAUL SALINASMAYOR

ATIEST:



CITY ATIORNEY

By:~&1f1<~VAL RIA M. ACEVEDOASSISTANT CITY ATIORNEY

STATE OF TEXAS

COUNTY OF WEBBMEMORANDUM OF UNDERSTANDING

EXHIBIT

j A

This Memorandum of Understanding is entered into by and between the laredo PoliceDepartment (lPD) and the University of Texas Health Science Center at San Antonio PoliceDepartment (UTHSCSAPD).

WHEREAS, Section 51.203 of the Texas Education Code provides for the governing boards ofeach state institution of higher education to employ and commission peace officers for thepurpose of providing police services to all property owned, leased, rented or otherwise underthe control of the institution of higher education that employs the peace officer; and

WHEREAS, the University of Texas Health Science Center at San Antonio (UTHSCSA) hasemployed and commissioned said peace officers; and

WHEREAS, the UTHSCSA has facilities located at the UTHSCSA laredo campus, 1937Bustamante Street; and other properties acquired, owned, leased, or under the control of theUTHSCSA.

WHEREAS, the UTHSCSA desires to set out the respective duties and obligations with regard tothe coordination of law enforcement efforts between the University of Texas Health ScienceCenter at San Antonio Police Department (UTHSCSAPD) and the laredo Police Department onUTHSCSA property within the City of laredo;

NOW THEREFORE:

The Parties to this Memorandum of Understanding Hereby Agree as Follows:

1. The UTHSCSAPD has primary law enforcement jurisdiction on all property owned,leased, or under the control of the UTHSCSA and shall provide police services on saidproperty, except as otherwise specified in this Memorandum of Understanding.

2. The UTHSCSAPD shall notify the laredo Police Department of any incident orsituation on any property owned, leased, or under the control of the UTHSCSA thatmay affect the safety of the residents of the City of laredo not residing on saidproperty.

3. The laredo Police Department shall notify the UTHSCSAPD of any incident orsituation on any property within the city limits of the laredo Police Department thatmay affect the safety of the residents on any property owned, leased, or under thecontrol of the UTHSCSA. All property owned, leased, or under the control of theUTHSCSA is described on the attached Exhibit A.

J:MOU-lPD 08222008

Exhibit A:Laredo Campus Extension: 1937 East Bustamante Street, Laredo TX, 78041A. D.O. Hachar BuildingB. Academic Building

4. Should the UTHSCSAPD request the assistance of the Laredo Police Evidence Unit forthe purpose of collecting and preserving evidence, the Laredo Police Departmentshall be granted control of the crime scene. The UTHSCSAPD will support and assistthe Laredo Police CSI unit as directed by the ranking laredo Police officer at thescene. The Laredo Police Department shall involve and coordinate the processing ofthe crime scene with the UTHSCSAPD. The UTHSCSAPD shall be responsible for thestorage, preservation, and processing of all physical evidence, unless the LaredoPolice Department agrees, at the request of the UTHSCSAPD, to assume theresponsibility for the investigation and case management of the incident.

5. Should the UTHSCSAPD request the assistance of the Laredo Police Departmentspecial operations units in incidents involving the discovery of suspected explosiveordinance devices, a barricaded person or a hostage situation, or building or areasearches, the Laredo Police Department shall be granted control of the scene. TheUTHSCSA PO will support and assist the Laredo Police Department SpecialOperations Units as directed by the ranking Laredo Police officer at the scene. TheLaredo Police Department shall involve and coordinate the resolution of the incidentwith the UTHSCSAPD. Upon resolution of the incident, the area shall be returned tothe control of the ranking UTHSCSAPD officer at the scene. The UTHSCSAPD shall beresponsible for the investigation and case management of the incident, unless theUTHSCSAPD requests the Laredo Police Department to assume this responsibilityand the lPD agrees.

6. Should the UTHSCSAPD request the assistance of the Laredo Police Department inthe investigation of an offense which occurred on UTHSCSA property, the LaredoPolice Department upon agreement, will assume responsibility for the investigationand case management of the incident. The Laredo Police Department will involveand coordinate the investigation with the UTHSCSAPD. Said investigative assistancemay not necessarily include the assistance outlined in paragraphs 4 and 5 above.

7. When it is necessary for the Laredo Police Department to execute a warrant orconduct an investigation on any property owned, leased, or under the control of theUTHSCSA, the Laredo Police Department shall contact the UTHSCSAPD and request aUTHSCSAPD officer accompany the Laredo Police officer. The Laredo Police shallrefrain from interrupting a class to execute an arrest or search warrant. In the eventof "fresh" or "hot" pursuit, the Laredo Police Department communications unit shall

J:MOU-LPD 08222008

attempt to notify the UTHSCSAPD as soon as possible and the laredo Police officerwill proceed as necessary.

8. When it is necessary for the UTHSCSAPD to execute a warrant or conduct aninvestigation within the City of laredo, excluding any property owned, leased, orunder the control of the UTHSCSA, the UTHSCSAPD shall contact the laredo PoliceDepartment and request a Laredo Police officer accompany the UTHSCSAPD officer.In the event of "fresh" or "hot" pursuit, the UTHSCSAPD communications unit shallnotify immediately the laredo Police Department as soon as possible and theUTHSCSAPD officer will proceed as necessary.

9. The UTHSCSAPD shall be responsible for responding to all requests for policeservices originating from any property owned, leased, or under the control of theUTHSCSA. The laredo Police Department shall transfer voice and datacommunication for all requests for police services originating on any propertyowned, leased, or under the control of the UTHSCSA to the UTHSCSAPDcommunications center. The UTHSCSAPD shall be responsible for providing andmaintaining all equipment and hardware necessary for the transfer of voice and datacommunication from the laredo Police Department.

Exhibit A:laredo Campus Extension: 1937 East Bustamante Street, laredo TX, 78041C. D.O. Hachar BuildingAcademic Building

10. The UTHSCSAPD shall be responsible for providing and maintaining all equipmentand hardware necessary for the transfer of voice and data communication from thelaredo Police Department.

11. The UTHSCSAPD shall be responsible for providing the laredo Police Departmentwith a current written list of all properties owned, leased, or under the control ofthe UTHSCSA. The list will include the property name and street address. Theupdated property list shall become a part of this agreement.

12. The Chief of the UTHSCSAPD and the Chief of the Laredo Police Department mayenter into more specific and detailed operational procedures and guidelines asnecessary.

13. Either party may terminate this agreement by notification in writing to the otherparty.

J:MOU-lPD 08222008

IN WITNESS OF WHICH THIS MEMORANDUM OF UNDERSTANDING has been executed onthis day of , 2008.

THE UNIVERSITY OF TEXASHEALTH SCIENCE CENTERAT SAN ANTONIOPOLICE DEPARTMENT

~-~---Robert K. BrattenChief of Police/Director of Public Safety

Approved as to form:Raul Casso, City Attorney

By:---------Valerie M. AcebedoAssistant City Attorney

J:MOU-LPD 08222008

LAREDO POLICE DEPARTMENT

Carlos MaldonadoChief of Police

Carlos R. VillarrealCity Manager

DATE:

12/01/08



SUBJECT: RESOLUTION # 2008-R-143Authorizing the City Manager to enter into and execute a cooperative workingagreement between the Laredo Community College Police Department (LCCPD) andthe Laredo Police Department for the purpose of providing assistance on a specialneeds basis.



BACKGROUND:

The Laredo Community College has employed and commissioned peace officers. The LCC has primarylaw enforcement jurisdiction on all property owned, leased, or under the control of the LCCPD and shallprovide police services on said property.

FINANCIAL IMPACT:

N/A



Authorizing the City Manager to enter into and execute a cooperative workingagreement between the Laredo Community College Police Department (LCCPD)and the Laredo Police Department for the purpose of providing assistance on aspecial needs basis.

Whereas, the LCCPD has primary law enforcement jurisdiction on all propertyowned, leased, or under the control of the LCC and shall provide police services on saidproperty; and

Whereas, the LCCPD shall notify the Laredo Police Department of any incidentor situation on any property owned; leased, or under the control of the LCC that mayaffect the safety of the residents of the City of Laredo; and

Whereas, the Laredo Police Department shall notify the LCCPD of any incidentor situation on any property within the city limits of the City of Laredo that may affect thesafety of the residents on any property owned, leased, or under the control of the LCC;and

Whereas, should the LCCPD request the assistance of the Laredo Police CSIunit for the purpose of collecting and preserving evidence, the Laredo Police Departmentshall be granted control of the crime scene. The LCCPD will support and assist theLaredo Police evidence unit as directed by the ranking Laredo Police officer at thescene. The Laredo Police Department shall involve and coordinate the processing ofthe crime scene with the LCCPD. The LCCPD shall be responsible for the storage,preservation, processing of all physical evidence, unless the LCCPD requests theLaredo Police Department to assume the responsibility for the investigation and casemanagement of the incident; and

Whereas, should the LCCPD request the assistance of the Laredo PoliceDepartment special operation unit in incidents involving the discovery of suspectedexplosive ordinance devices, a barricaded person or a hostage situation, or building orarea searches, the Laredo Police Department shall be granted control of the scene. TheLCCPD will support and assist the Laredo Police Department Special Operations Unit asdirected by the ranking Laredo Police officer at the scene. The Laredo PoliceDepartment shall involve and coordinate the resolution of the incident with the LCCPD.Upon resolution of the incident, the area shall be returned to the control of the rankingLCCPD officer at the scene. The LCCPD shall be responsible for the investigation andcase management of the incident, unless the LCCPD requests the Laredo PoliceDepartment to assume this responsibility; and

Whereas, should the LCCPD request the assistance of the Laredo PoliceDepartment in the investigation of an offense which occurred on LCC property, theLaredo Police Department will assume responsibility for the investigation and casemanagement of the incident. The Laredo Police Department will involve and coordinatethe investigation with the LCCPD. Said investigative assistance may not necessarilyinclude the assistance outlined in previous paragraphs; and

Whereas, when it is necessary for the Laredo Police Department to execute awarrant or conduct an investigation on any property owned, leased, or under the controlof the LCC, the Laredo Police Department shall contact the LCCPD and request aLCCPD officer accompany the Laredo Police officer. The Laredo Police shall refrainfrom interrupting a class to execute an arrest or search warrant. In the event of "fresh"

or "hot" pursuit, the Laredo Police Department communications unit shall notify theLCCPD as soon as possible and the Laredo Police officer will proceed as necessary;and

Whereas, when it is necessary for the LCCPD to execute a warrant or conductan investigation within the Laredo Police Department, excluding any property owned,leased, or under the control of the LCC, the LCCPD shall contact the Laredo PoliceDepartment and request a Laredo Police officer accompany theLCCPD officer. In the event of "fresh" or "hot" pursuit, the LCCPD communications unitshall notify the Laredo Police Department as soon as possible and the LCCPD officerwill proceed as necessary; and

Whereas, the LCCPD shall be responsible for responding to all requests forpolice services originating from any property owned, leased, or under the control of theLCC. The Laredo Police Department shall transfer voice and data communications forall requests for police services originating on any property owned, leased, or under thecontrol of the LCC to the LCCPD communications center. The LCCPD shall beresponsible for providing and maintaining all equipment and hardware necessary for thetransfer of voice and data communication from the Laredo Police Department; and

Whereas, the LCCPD shall be responsible for providing the Laredo PoliceDepartment with a current list of all properties owned, leased, or under the control of theLCC. The list will include the property name and street address; and

Whereas, the Chief of the LCCPD and the Chief of the Laredo Police Departmentmay enter into more specific and detailed operational procedures and guidelines asnecessary; and

Whereas, either party may terminate this agreement by notification in writing tothe other party.


SECTION 1: Authorizing the City Manager to enter into and execute a cooperative workingagreement between the Laredo Community College Police Department (LCCPD) and theLaredo Police Department for the purpose of providing assistance on a special needs basis.


RAUL SALINASMAYOR

ATTEST:



CITY ATTORNEY

By:~fJI/~VALERIA M. ACEVEDOASSISTANT CITY ATTORNEY

EXHIBIT

MEMORANDUM OF UNDERSTANDING)))

STATE OF TEXAS

COUNTY OF WEBB

This Memorandum of Understanding is entered into by and between the Laredo Police Department(LPD) and the Laredo Community College Police Department (LCCPD).

WHEREAS, Section 51.203 of the Texas Education Code provides for the governing boards of each stateinstitution of higher education to employ and commission peace officers for the purpose of providing policeservices to all property owned, leased, rented or otherwise under the control of the institution of highereducation that employs the peace officer; and

WHEREAS, the LCCPD has employed and commissioned said peace officers; and

WHEREAS, the LCCPD has facilities located at West End Washington Street and 5500 South Zapata Highway;and other properties acquired, owned leased, or under the control of the LCCPD.

WHEREAS, the LCCPD desires to set out the respective duties and obligations with regard to the coordinationof law enforcement efforts between the Laredo Police Department (LPD) and the LCCPD on property withinthe City of Laredo;

NOW THEREFORE:

The Parties to this Memorandum of Understanding Hereby Agree as Follows:

1. The LCCPD has primary law enforcement jurisdiction on all property owned, leased, or under thecontrol of LCCPD and shall provide police services on said property, except as otherwise specified inthis Memorandum of Understanding.

2. The LCCPD shall notify the Laredo Police Department (LPD) of any incident or situation on anyproperty owned, leased, or under the control of the LCCPD that may affect the safety of the residents ofthe City of Laredo not residing on said property.

3. The Laredo Police Department (LPD) shall notify the LCCPD of any incident or situation on anyproperty within the city limits of the City of Laredo that may affect the safety of the residents on anyproperty owned, leased, or under the control of LCCPD. All property owned, leased or under thecontrol of the LCCPD is described on the attached (exhibit-A) property list.

4. Should the LCCPD request assistance of the Laredo Police Department (LPD) CSI Unit for the purposeof collecting and preserving evidence, the Laredo Police Department (LPD) shall be granted control ofthe crime scene. The LCCPD will support and assist Laredo Police Department (LPD) as directed bythe ranking LCCPD officer at the scene. The Laredo Police Department (LPD) shall involve andcoordinate the processing of the crime scene with the LCCPD. The LCCPD shall be responsible for thestorage, preservation, and processing of all Physical evidence, unless the Laredo Police Department(LPD) agrees at the request of LCCPD to assume the responsibility for the investigation and casemanagement of the incident.

5. Should the LCCPD request the assistance of the Laredo Police Department (LPD) special operationsunit in incidents involving the discovery of suspected explosive ordinance devices, a barricaded personor a hostage situation, or building or area searches, the shall be granted control of the scene. TheLCCPD will support and assist the Laredo Police Department (LPD) special operations unit as directedby the ranking LCCPD officer at the scene. The Laredo Police Department (LPD) shall involve andcoordinate the resolution of the incident with the LCCPD. Upon resolution, the area shall be returnedto the control of the ranking LCCPD officer at the scene. The LCCPD shall be responsible for theinvestigation and case management of the incident, unless the LCCPD requests that the Laredo PoliceDepartment (LPD).

1

STATE OF TEXAS

COUNTY OF WEBB

)))

MEMORANDUM OF UNDERSTANDING

6. Should the LCCPD request the assistance of the Laredo Police Department (LPD) in the investigationof an offense which occurred on LCCPD property, the Laredo Police Department (LPD) uponagreement, will assume responsibility for the investigation and case management of the incident. TheLaredo Police Department (LPD) will involve and coordinate the investigation with the LCCPD. Saidinvestigative assistance may not necessarily include the assistance outlined in paragraphs 4 and 5above.

7. When it is necessary for the Laredo Police Department (LPD) to execute a warrant or conduct aninvestigation on any property owned, leased, or under the control of the LCCPD, the Laredo PoliceDepartment (LPD) shall attempt to contact LCCPD and request an LCCPD officer accompany the LPDofficer. The Laredo Police Department (LPD) shall refrain from interrupting a class to execute an arrestor search warrant. In the event of "fresh" or "hot" pursuit, the Laredo Police Department (LPD)communications unit shall notify the LCCPD as soon as possible and the Laredo Police Department(LPD) officer will proceed as necessary.

8. When it is necessary for the LCCPD to execute a warrant or conduct an investigation within the City ofLaredo, excluding any property owned, leased, or under the control of LCCPD, the LCCPD shallattempt to contact the Laredo Police Department (LPD) and request a Laredo Police Department (LPD)officer accompany the LCCPD officer. In the event of "fresh" or "hot" pursuit, the LCCPDcommunications unit shall immediately notify the Laredo Police Department (LPD) and the LCCPDofficer will proceed as necessary.

9. The LCCPD shall be responsible for responding to all requests for police services originating from anyproperty owned, leased, or under the control of the LCCPD. The Laredo Police Department (LPD)shall transfer voice and data communication for all requests for police services originating on anyproperty owned, lease, or under the control of the LCCPD (see exhibit-A) to the LCCPDcommunications center. The LCCPD shall be responsible for providing and maintaining all equipmentand hardware necessary for the transfer of voice and data communication from the Laredo PoliceDepartment (LPD).

10. The LCCPD shall be responsible for providing the Laredo Police Department (LPD) with a currentwritten list of all properties owned, leased, or under the control of LCCPD. The list will include theproperty name and street address. The updated property list shall become a part of this agreement.

11. The Chief of the LCCPD and the Chief of the Laredo Police Department (LPD) may enter into morespecific and detailed operational procedures and guidelines as necessary.

12. Either party may terminate this agreement by notification in writing to the other party.

2

STATE OF TEXAS

COUNTY OF WEBB

)))

MEMORANDUM OF UNDERSTANDING

IN WITNESS OF WHICH TillS MEMORANDUM OF UNDERSTANDING has been executed onthis day of , 2008.

LAREDO COMMUNITY COLLEGEPOLICE DEPARTMENT

Approved as to form:Raul Casso, City Attorney

By:I~1J1~Valeria M. AcevedoAssistant City Attorney

LAREDO POLICE DEPARTMENT

Carlos MaldonadoChief of Police

Carlos R. VillarrealCity Manager

3

~NORTH

Laredo Connnunity CollegeFORT MciNTOSH CAMPUS

Don Camifo Blvd.

Laredo ComIiiunity CollegeSOUTH CAMPUS MAP

laredo Community College South Map legend

Billy Hall Center •...•.••..•.....•.••......•...•.. AJudith Zaffirini Library ..•.•.••.••••••.•.•••.••..•.•BAcademic Advanced Technology Center .•••.....••...CCamilo Prada Center •••••...••••••....•••••.•..•••0Raquel Gonzalez Automotive Technology Center •••••• .EProtective Services Center ••.••.••....•.•..•.•....•FJ.C. Trevi no Fitness Center ...•.•••.....•••••••..•.•G

DATE:

12-01-08


SUBJECT: RESOLUTION NO. 2008-R-144Accepting the assignment and dedication of a waterlineeasement from Laredo Four Winds, Ltd., and Paisano HomeBuilders, Inc. for the Cuatro Veintos Fire Hydrant Project; saidwaterline easement being fifteen feet wide, containing 1,247.74square feet more or less, and being out of Lot 1, Block 2,Cuatro Veintos Norte Subdivision, Phase 1, recorded inVolume 22, Page 70, Plat Records of Webb County, Texasand described by Metes and Bounds and Survey, attached asExhibits 1 and 2 of Exhibit A.


PREVIOUS COUNCIL ACTION:None

STAFF SOURCE:Tomas RodriquezUtilities Director

BACKGROUND:The City of Laredo is in the process of installing a fire hydrant to improve waterservices and provide fire protection services to the Cuatro Veintos NorteSubdivision, Phase 1.

In ordE!r to prooooo with thE! aboVE!-mE!ntionE!d project, it is in thE! best interest of theCity of Laredo to accept the assignment and dedication of the above-referencedwaterline easement as described in attached Exhibits 1 and 2, of Exhibit A.

FINANCIAL IMPACT:Account 557-0000-161-0000

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:None Staff recommends approval of Resolution.

RESOLUTION NO. 2008-R-144

ACCEPTING THE ASSIGNMENT AND DEDICATION OF AWATERLINE EASEMENT FROM LAREDO FOUR WINDS, LTD.AND PAISANO HOME BUILDERS INC., FOR THE CUATROVEINTOS FIRE HYDRANT PROJECT; SAID WATERLINEEASEMENT BEING FIFTEEN FEET WIDE, CONTAINING 1,247.74SQUARE FEET MORE OR LESS, AND BEING OUT OF LOT 1,BLOCK 2, CUATRO VEINTOS NORTE SUBDIVISION, PHASE I,RECORDED IN VOLUME 22, PAGE 70, PLAT RECORDS OFWEBB COUNTY, TEXAS AND DESCRIBED BY METES ANDBOUNDS AND SURVEY, ATTACHED AS EXHIBITS 1 AND 2, OFEXHIBIT A.

WHEREAS, the City of Laredo is in the process of installing a fire hydrant toimprove water services and provide fire protection services to the Cuatro VeintosNorte Subdivision, Phase I; and,

WHEREAS, in order to proceed with the above-mentioned project, it is in thebest interest of the City of Laredo to accept the assignment and dedication of theabove-referenced waterline easement as described in attached Exhibits 1 and 2, ofExhibitA.

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

A. It hereby, accepts the assignment and dedication of a waterline easement fromLaredo Four Winds, Ltd., and Paisano Home Builders Inc. for the Cuatro VeintosFire Hydrant Project; said waterline easement being fifteen feet wide, containing1,247.74 square feet more or less, and being out of Lot 1, Block 2, CuatroVeintos Norte Subdivision, Phase I, recorded in Volume 22, Page 70, PlatRecords of Webb County, Texas and described by Metes and Bounds andSurvey, attached as Exhibits 1 and 2 of Exhibit A.

B. This Resolution shall become effective upon passage thereof.

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


2

ATTEST:


By: -f-~'-bI----'------+---

3

ASSIGNMENT AND DEDICAnONof WATERLINE EASEMENT

THE STATE OF TEXASKNOW ALL MEN BY THESE PRESENTS

COUNTY OF WEBB

That the undersigned, LAREDO FOUR WINDS, LTD. and PAISANO HOME

BUILDERS, INC.(hereinafter called "Grantor") for and in consideration ofthe sum ofTen

Dollars ($10.00) cash, and other good and valuable consideration in hand paid by the

Grantee herein named, the receipt ofwhich is hereby fully acknowledged and confessed, has

ASSIGNED, GRANTED, SOLD, CONVEYED and DEDICATED and by these presents

does hereby ASSIGN, GRANT, SELL, CONVEY and DEDICATE unto the CITY OF

LAREDO, a home rule city and political subdivision ofthe State ofTexas, its successors and

assigns, hereinafter referred to as "Grantee", a Fifteen (l5') foot wide Easement, giving

Grantee the right to construct, reconstruct, repair and perpetually maintain utility lines

together with all necessary laterals and appurtenant facilities, in, over, upon and across the

following tract of land in Webb County, Texas:

A tract of land containing 1247.74 square feet, more or less, situated in Jose Antonio Diaz,Original Grantee, Porcion 34, Abstract 762, Webb County, Texas. This 10.67 acres beingout of that 50.00 acre tract ofland owned by Laredo Four Winds, Ltd, recorded in Volume1092, Pages 319-326, Deed Records ofWebb County, Texas, and being all ofthat 0.09 acretract ofland owned by Laredo Four Winds, Ltd. by Quitclaim as recorded in Volume 1185,Pages 645-47, Doc # 755338, Deed Records ofWebb County, Texas, and also being out ofLot 1, Block 2, Cuatro Vientos Norte Subdivision, Phase I, being recorded in Volume 22,Page 70, Plat Records of Webb County, Texas, and being more particularly described bymetes and bounds in Exhibit "A" attached hereto and incorporated herein by reference.

EXHIBIT

ASSIGNMENT AND DEDICAnONofWATERLINEEASEMENT A_ Page 1

encumbrances, easements, mineral leases, conditions and restrictions, relating to the herein

above described property as now reflected by the Official Property Records, of Webb

County, Texas.

TO HAVE AND TO HOLD the same perpetually to Grantee, together with the right

and privilege, at any and all times, to enter said premises, or any part thereof, for the purpose

of constructing, reconstructing, repairing, and maintaining said utility lines, including all

necessary laterals and appurtenant facilities. (1EXECUTED on this :<3 ~. day of~ ,2008.

LAREDO FOUR WINDS, LTD.a Texas limited partnershipBy: LAREDO CUATRO VIENTOS, LLCGeneral Partner

By:--..:.../t--i~=t--(~~~:::="'-=_-==·~=~=-"!.:=--__Name: lC'CHAJlO r;: S'AVII\ asIts: Manager

PAISANO HOME BUILDERS, INC.

:yTeXa~

Name: ROGELIO GARCIAIts: President

ASSIGNMENT AND DEDICATIONof WATERLINEEASEMENT Page 2

Notary~, Staf of Texas

VCAMEUAESPARZA

MY COMMISSION EXPIRESJanuary 13, 2012

STATE OF TEXAS

COUNTY OF WEBB ,-", r--).This instrument was acknowledged before me on the.;( :> dayOf~ 'LJL,.eA..1 ,

2008, by Richard E. Sames, Manager of Laredo Cuatro Vientos, LLC, a t~xas liIIlitedliability company, which is general partner of LaredoJ:.QJJf Win~, Ltd., a Texas limitedpartnership, on behalf of said limited liability comFY and Of~Sd'limited partnership.Notary Public, State of Texas. \ dJ' ~ ,?

',,- /' i'l/l ..'--"" .~" / . /LY..,·/t~

l""" ,


/IA..,

This instrument was acknowledged before me on the /5' day of-.i-~~~~::::!...-_2008, by Rogelio Garcia, President of Paisano Home 1 ders, nco a Texason behalf of said corporation.

CAMElIA ESPARZAMY COMMISSION EXPIRES

January 13,2012

AFTER RECORDING RETURN TO:Angelo FerrazannoReal Estate ManagerCity Hall1110 HoustonLaredo, Texas 78040

Z:\Clients\Paisano Home\Utility Easement Dedication to City.wpd

ASSIGNMENT AND DEDICAnONofWATERLINEEASEMENT Page 3

Exhibit "A"

Being a fire hydrant water line easement containing 1247.74 square feet,more or less, situated in Jose Antonio Diaz, Original Grantee, Porcion 34,Abstract 762, Webb County, Texas. This 10.67 acres being out of that 50.00acre tract of land owned by Laredo Four Winds, Ltd.. Recorded in Volume1092, Pages 319-326, Deed Records Webb County, Texas, and being all ofthat 0.09 acre tract of land owned by Laredo Four Winds, Ltd. by Quitclaimas recorded in Volume 1185, Pages 645-47, Doc #: 755338, Deed RecordsWebb County, Texas, and also being out of Lot 1, Block 2, Cuatro VientosNorte Subdivision, Phase I, being recorded in Volume 22, Page 70, PlatRecords of Webb County, Texas, and being more particularly described bymetes and bounds as follows, to-wit:

Beginning at a reference point, a found l;i" iron rod, the northwest comer of. Lot 2, Block 2 of safdTAiatto VleritosNorteSl.i6d1V1Sfon Pliase'l.~d the

northeast comer of said Lot 1, Block 2; .

Thence, North 82° 01'49" West 83.03' to point of Beginning of saideasement;

Thence, South 10°10'32" West 82.21 'to southeast comer of said easement;

Thence, North 79°49'28" West 15.00' to southwest comer of said easement;+ ~

Thence, North 10° 10'32" East 84.29 ' to the northwest comer of saideasement;

Thence, in a southeasterly direction along a curve the easterly most Northline of said Lot 1, Block 2, and being a southerly boundary of Chacota street.Said curve having a radius of 278.98', a chord distance of 15.14' and abearing of S 71°55'06" E to a Point of Beginning and containing 1247.74square feet.

, EXHIBIT

/

t:m:ElI1 (Q

......

WA TERL/NE EASEMENT FOR FIRE HYDRANT

CUAJTRO VIENTOS NORTE SUBDIVISION, PHASE I(Recorded' in VOL 22. PO. 70. w.e.p.R.)

oNORTH

Scale I" == 60'

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WITNESS MY HAND AND SEAL THIS 16th DAY OF JUNE, 2008:

STATE OF TEXAS §COUNTY OF I\£BB §

I, C. A. LONG, JR.. A REGISTERED PROFESS/ONALLAND SURVEYOR, DO HEREBY CERTIFY THA T IPREPARfD THE FOREGOING MAP AND ATTACHEDFIELD NOTES OF THE WA TERUNE EASEMENT SHOWN.

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COUNCIL COMMUNICATIONDATE: SUBJECT: Resolution #2008-R-145

12/01 12008 Authorizing the City Manager to submit a grant application to the Stateof Texas Governor's Office in the amount of $250,000.00 for overtimefor Laredo Police Officers working under the Gang Initiative GrantProgram. The grant is to be 100% funded by the State of TexasGovernor's Office for the period of November 01, 2008 through August31, 2009 at no cost to the city.

INITIATED BY: STAFF SOURCE:Cynthia Collazo Carlos MaldonadoDeputy City Manager Chief of PolicePREVIOUS COUNCIL ACTION: None

ACTION PROPOSED:That City Council approved this Resolution

BACKGROUND:The State of Texas Governor's Office Gang Initiative Grant Program provides overtime grantsto eligible jurisdictions that were identified by the Governor's Office of Homeland Security as ahigh threat area for transnational criminal gang activity. The main grant objective is to denycriminal gangs the security of home turf or safe harbors by increasing law enforcementpresence in targeted areas.

FINANCIAL:

Governor's Office $250,000

Total Grant Amount $250,000

RECOMMENDATION: STAFF:Recommends that Council approve thisresolution.


Authorizing the City Manager to submit a grant application to the State ofTexas Governor's Office in the amount of $250,000.00 for overtime forLaredo Police Officers working under the Gang Initiative Grant Program.The grant is to be 100% funded by the State of Texas Governor's Office forthe period of November 01, 2008 through August 31, 2009 at no cost to thecity.

Whereas, the State of Texas Governor's Office will provide an overtime grant under itsGang Initiative Grant Program; and

Whereas, this grant will pay for $250,000 in overtime for the investigation of localcriminal gang activity by Laredo Police officers; and

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

Section 1: It authorizes the City Manager to apply for a grant in the amount of$250,000 funded by the State of Texas Governor's Office under its Gang InitiativeGrant Program. This grant will be used for overtime supplies to promote communityawareness for the period of November 1,2008 through August 31,2009.

Section 2: It authorizes the City Manager to execute all necessary documents toobtain said grant and to effectuate its terms.


RAUL SALINASMAYOR

ATTEST:


A~AS TO FORM:

~'1Vl~RAUL CASSOCITY ATTORNEY

DATE:

November 17, 2008


SUBJECT: MOTIONConfIrming the nomination by Municipal Court Judge Alfonso H. OrnelasJr. ofthe reappointment ofEdward F. Maddox as Associate MunicipalCourt Judge for the City of Laredo for a (2) two year term to begin onDecember 1,2008, and end on December 1,2010; as per Article V,Section 5.02 ofthe Charter of the City of Laredo.

INITIATED:Alfonso H. Ornelas, Jr., Municipal Court Judge

STAFF SOURCE:Thomas L. Ochoa, Municipal Court Clerk

PREVIOUS ACTION: November 06, 2006 fmal reading of Ordinance 2006-0-279 reappointingEdward F. Maddox and Juan B. Caballero to a two year term as Associate Municipal Court Judge.

BACKGROUND: On November 15,2004 Ordinance 2004-0-287 was approved appointing Edward F.Maddox to his fIrst two year term and Juan B. Caballero to his second two year term as Associate MunicipalCourt Judge (s). The current City Charter allows for the selection of the Associate Municipal Court Judges tobe made by the presiding Municipal Court Judge and the City Manager and the selections must be confIrmedby the full City Council. This motion is to assure that the Court is adequately staffed during the presidingJudge's absence. The present 2008-2009 Municipal Court Budget has 1,040 hours available for associatejudge use.

FINANCIAL: These positions are budgeted in the present 2008-2009 Municipal Court Regular SalaryLine Item #101-1400-511-11-10.

RECOMMENDATION:Approval ofmotion.

STAFF RECOMMENDATION:Approval of motion.

DATE:

November 17,2008


SUBJECT: MOTIONConfIrming the nomination by Carlos Villarreal, City Manager, ofthereappointment of Juan B. Caballero as Associate Municipal Court Judgefor the City of Laredo for a (2) two year term to begin on December 1,2008, and end on December 1,2010; as per Article V, Section 5.02 of theCharter of the City of Laredo.

INITIATED:Carlos Villarreal, City Manager

STAFF SOURCE:Thomas L. Ochoa, Municipal Court Clerk

PREVIOUS ACTION: November 06,2006 fInal reading of Ordinance 2006-0-279 reappointingEdward F. Maddox and Juan B. Caballero to a two year term as Associate Municipal Court Judge.

BACKGROUND: On November 15,2004 Ordinance 2004-0-287 was approved appointing Edward F.Maddox to his fIrst two year term and Juan B. Caballero to his second two year term as Associate MunicipalCourt Judge (s). The current City Charter allows for the selection ofthe Associate Municipal Court Judges tobe made by the presiding Municipal Court Judge and the City Manager and the selections must be confIrmedby the full City Council. This motion is to assure that the Court is adequately staffed during the presidingJudge's absence. The present 2008-2009 Municipal Court Budget has 1,040 hours available for associatejudge use.

FINANCIAL: These positions are budgeted in the present 2008-2009 Municipal Court Regular SalaryLine Item #101-1400-511-11-10.

RECOMMENDATION:Approval of motion.

STAFF RECOMMENDATION:Approval ofmotion.

DATE:

December 1,2008

INITIATED BY:


SUBJECT: MOTION

Authorizing the Laredo Convention and Visitors Bureau to place temporarypromotional banners for the VII Annual Laredo International Sister CitiesFestival scheduled for January 23-25, 2009. The banner will be installed at theintersections of Springfield and Hillside Roads and at Calton and Yeary Roadsto promote the Festival. The banner will be installed from January 5 to January26,2009.

STAFF SOURCE:

Cynthia CollazoDeputy City Manager


Blasita J. LopezLCVB Interim Manager

In November 2006, City Council approved a motion to place banners at the same locations for theJanuary 2007 Laredo International Sister Cities Festival.

In January 2008, City Council approved a motion to place a banner on San Bernardo for theJanuary 2008 Laredo International Sister Cities Festival.

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 Laredo Convention & Visitors Bureau requests this additional vehicle by which to advertisethe Festival locally. The CVB intends to request in-house cooperation from other CityDepartments on the installation of the banners.

The banner will be made to specifications as provided by the Building or Traffic Departmentthrough the subsequent permitting process.

FINANCIAL IMPACT:

Acceptance of this proposal does not incur any cost to the City of Laredo.


None applicable.


Staff recommends approval of this motion.

DATE:

12/01/08

INITIATED BY:


SUBJECT: MOTION

Authorizing the City Manager to contract with the following consulting firms forintergovernmental, informational, and advocacy services to be provided to theCity of Laredo for the period beginning of October 1, 2008 through September30, 2009. Funding is available in General Fund, Bridge Fund, and InformationTechnology Fund.

• Miller & Van Eaton, P.L.L.C. (Gerry Lederer), Washington, D.C., in theamount of $90,000, plus $11,550 out of pocket expenses;

• Government Relations, Inc. (Allynn Howe), Oakton, Virginia, in theamount of $90,000, plus $5,000 out of pocket expenses.

STAFF SOURCE:

Carlos Villarreal, City Manager


None.

BACKGROUND:

Jessica L. Hein, Manager

These legislative consultants will provide state or federal intergovernmental, informational, andadvocacy services for the City of Laredo.

FINANCIAL IMPACT:

101-5505-513-5526 - $134,050595-5510-513-5526 - $32,500553-4010-533-5526 - $30,000


N/A


Approval of this Motion.

CONTRACT EXTENSIONFOR PROFESSIONAL SERVICES

PARTIES

1. This contract is between Miller & Van Eaton, P.L.L.c.,("Finn") and the City of Laredo,Texas ("City") for professional services (Washington-Representation). This contract andthe enclosed Standard Terms of Engagement (which is incorporated by reference) setforth the additional tenns of our engagement.

PROFESSIONAL SERVICES

2. For purposes of this contract, professional services shall mean advocacy services onbehalf of the City of Laredo, as directed by the appropriate city officials and staff and incoordination with the City's congressional delegation. It shall also include securingadoption ofmeasures favorable to the city through liaison with the Administration andassociations of state and local government officials.

TERM

3. The contract tenn for this engagement is for twelve (12) months covering the time periodfrom October 1, 2008 through September 30, 2009 and supersedes any other contractsthat were entered into previously.

PROFESSIONAL SERVICES CAP

4. Subject to the provision of paragraph 6 below, the cost of the provision of professionalservices under this contract shall not to exceed ninety thousand dollars ($90,000).Professional services will be billed at a rate of$7, 500 per month. (12 months X $7,500monthly retainer = $90,000.) For this monthly retainer, the City is entitled to up to fiftyfive (55) hours ofwork for each month of the contract. Any hours worked by the Finn inexcess of 55 hours in any given month of the contract shall be carried over to the nextmonth.

RECOVERY OF OUT-OF-POCKET AND OTHER RELATED EXPENSES

5. Not captured in the professional service cap outlined in paragraph 3 above are out-of pocket or related expenditures. Related expenditures should not exceed eleven thousandfive hundred and fifty dollars ($11,550.) for the life of this contract. The basis for thisestimate is attached hereto as Exhibit A. The Finn shall notify the City in writing whenrelated expenditures reach eighty (80%) percent of the amount authorized. The tenn"related expenditures" includes, as applicable, travel, postage, messenger services,copying, approved meals and registration fees, and such necessary expenses incurred byThe Finn on the City's behalf to render professional services. .

LAREDO WEEK RECEPTION

6. An integral tool in the provision ofprofessional service is the annual Laredo Weekreception. At the City's direction, the Firm shall contract with the designated hotel orparties and pay for the annual reception. The Firm will then bill the City directly forreimbursement. City shall make all reimbursements within 30 days of receipt ofthe billfrom Firm or City will pay all applicable finance charges plus a five (5%) handlingcharge.

AMENDMENTS REQUIRE CITY COUNCIL APPROVAL

7. The City shall not be obligated to pay the Firm any amount in excess of the fee andexpense caps without City Council approval, nor shall the Firm be obligated to performservices over and above the hours authorized by the City.

8. Should unforeseen circumstances, such as an expansion in the number of City projectswithin the scope of services described in paragraph 2, result in the Firm's belief that itcould possible exceed the professional service cap of 600 hours for the life of thecontract, Firm must promptly advise the City Manager.

9. The parties agree that should the Firm be authorized to bill the City for professionalservices in excess of the total cost set forth herein, and approved by the Council, the feesfor such additional services shall be billed at the following agreed to rate.

ProfessionalGerard Lavery LedererParalegal

MISCELLANEOUS

Hourly Rate$320.00$ 85.00

10. The client for this engagement is the City of Laredo, Texas, and not any individualofficer or employee thereof.

11. While this is a contract for professional services, it should be noted that the City and Firmhave a separate contract for legal services. The professional services provided pursuant tothis agreement will be governed by the attorney-client relationship as well. The attorneyclient relationship is one ofmutual trust and confidence. The Firm will do its best toensure that the,City is satisfied not only with the Firm's services but also with thereasonableness of the fees charged for those services. Whenever the City has anyquestions or comments regarding Firm's services, or the status of City's files, orwhenever any new facts or considerations come to the City's attention, the City shouldcontact the Firm's attorney with whom the City is working. The Firm also encouragesthe City to inquire about any matter relating to fee arrangements or monthly statementsthat are in any way unclear.

The Firm

By: _Nicholas Miller

CITY OF LAREDO

By: _Carlos VillarealIts City Manager

By: _Gustavo GuevaraIts City Secretary

ATTACHMENT 1

The Standard Terms of Engagement contain a binding alternativedispute resolution provision which may be enforced by the parties

MILLER & VAN EATON, P.L.L.C.

STANDARD TERMS OF ENGAGEMENT

I. Includes information provided in accordance with the D.C. Rules of ProfessionalConduct

This statement sets forth certain standard terms of our engagement as your lawyers and isintended as a supplement to the engagement letter that we have with you as our client. Unlessmodified in writing by mutual agreement, these terms will be an integral part of our agreementwith you as reflected in the engagement letter. Therefore, we ask that you review this statementcarefully and contact us promptly if you have any questions. We suggest that you retain thisstatement in your file with the engagement letter. This engagement shall be subject to the D.C.Rules ofProfessional Conduct.

The Scope of Our Work

We will at all times act on your behalf to the best of our ability. Any expressions on ourpart concerning the outcome of your legal matters are expressions of our best professionaljudgment, but are not guarantees. Such opinions are necessarily limited by our knowledge of thefacts and are based on the state of the law at the time they are expressed.

It is our policy that the person or entity that we represent is the person or entity that isidentified in our engagement letter. Absent an express agreement to the contrary ourrepresentation does not include any affiliates of such person or entity (e.g., if you are a corporationor partnership, the representation does not include any parents, subsidiaries, employees, officers,directors, shareholders or partners of the corporation or partnership, or commonly ownedcorporations or partnerships; or if you are a trade association, any members of the tradeassociation). If you believe this engagement includes additional entities or persons as our clientsyou should inform us immediately.

It is also our policy that the attorney-client relationship will be considered terminated uponour completion of any services that you have retained us to perform. If you later retain us toperform further or additional services, our attorney-client relationship will be revived subject tothese Standard Terms of Engagement and those set forth in this letter as they may be modified bymutual agreement to fit the circumstances at that time.

Who Will Provide the Legal Services

Customarily, each client of the firm is served by a principal attorney contact. The principalattorney should be someone in whom you have confidence and with whom you enjoy working.You are free to request a change of principal attorney at any time. Subject to the supervisory roleof the principal attorney, your work or parts of it may be performed by other lawyers and legalassistants in the firm. Such delegation may be for the purpose of involving lawyers or legalassistants with special expertise in a given area or for the purpose ofproviding services on the mostefficient and timely basis.

How Our Fees Will Be Set

Generally, our fees are based on the time spent by the lawyers and paralegal personnel whowork on the matter. We will charge for all time spent in representing your interest, including, byway of illustration, telephone and office conferences with you and your representatives, consultants(if any), opposing counsel, and others; conferences among our legal and paralegal personnel;factual investigation; legal research; responding to your requests for us to provide information toyour auditors in connection with reviews or audits of financial statements; drafting letters and otherdocuments; and travel. We will keep accurate records ofthe time we devote to your work.

The hourly rates of our lawyers and legal assistants are reviewed and generally adjustedperiodically on a Firm-wide basis to reflect current levels of legal experience, changes in overheadcosts, and other factors. Although we may from time to time, at the client's request, furnishestimates of legal fees and other charges that we anticipate will be incurred, these estimates are bytheir nature inexact (due to unforeseeable circumstances) and, therefore, the actual fees and chargesultimately billed may vary from such estimates.

With your advance agreement, the fees ultimately charged may be based upon a number offactors, including: the time and effort required, the novelty and complexity ofthe issues presented,the value of the services to you, the amount of money or value of property involved, the resultsobtained, and the time constraints imposed by you and other circumstances, such as an emergencyclosing or the need for injunctive relief from court.

For certain well-defined services and special circumstances we will (if requested) quote aflat fee. In all such situations, that flat fee arrangement will be expressed in a letter, setting forthboth the amount of the fee and the scope of the services to be provided. We also will, inappropriate circumstances, provide legal services on a contingent fee basis. Any contingent feerepresentation must be the subject of a separate and specific engagement letter.

Additional Charges

In addition to our fees, there will be other charges for items incident to the performance ofour legal services. Generally, charges which reflect the use of resources provided by outsidevendors (courier services, court reporters, etc.) are charged at the vendor's charge to us without

markup. Certain other charges reflect the utilization of firm resources or involve an integralcombination of firm's resources and outside vendors (photocopying, computer research, etc.).These services are charged at standard rates which encompass both the direct vendor charge and anamount equal to the firm's estimate of an appropriate charge for the firm resources allocated to theservice. While these charges may not match the firm's exact cost of providing these services ineach instance, we believe that these charges are fair and generally comparable to the charges madeby other firms for similar services. The current basis for these charges is set forth below. TheFirm may review this schedule of charges on an annual basis and adjust them to take into accountchanges in the Firm's costs and other factors.

Computer Research: The Firm uses the LexislNexis and Westlaw computer-assistedresearch services. Where applicable, such research is more efficient than traditional book researchand permits access to a much broader range of resources than normally found in a law firm library.However, in addition to the electronic data provided by the computer research services, we mustprovide dedicated hardware and technical support. We have entered into contracts for theelectronic data with our computer research services which we believe provides the lowest rates forour projected usage.

Photocopying: The Firm charges $.25 per page.

Mail: Clients are charged the actual cost of postage for the U.S. Postal Service, as well asthe actual cost of air express couriers.

Overtime: Staff overtime is charged only when required by the time constraints of thespecific project.

Facsimile: The Firm charges $1.00 per page for outgoing faxes, which includes alltelephone costs. There is no charge for incoming faxes.

Telephone Calls: There is no charge for local calls. Long distance calls which originate atthe Washington office are billed according to the actual cost of the call plus 20%.

Travel-Related Expenses: Airfare, meals, and related travel expenses charged to theclient represent actual, out-of-pocket cost. Automobile mileage is charged at the IRS-approvedrate of .31 per mile. Credits earned under the Frequent Flyer Programs accrue to the individualtraveler and not to the Firm.

Firm Messengers: There is no charge to the client for walking messenger trips made byWashington office employees. Other courier expenses are billed at the actual cost to Firm.

All Other Costs: The Firm charges actual disbursements for third-party services such ascourt reporters, expert witnesses, etc.

Unless special arrangements are otherwise made, fees and expenses of others (such as experts,investigators, consultants and court reporters) will be the responsibility of, and billed directly to,

the client. Further, all invoices in excess of $500 will be forwarded to the client for directpayment, unless other arrangements are agreed to separately.

In the event that payments from you to us include advances of unearned fees andunincurred costs, you agree that such advances may be commingled with the firm's funds, subjectto an accounting not later than upon termination of the representation.

Payment

Our billing rates are based on the assumption of prompt payment. Consequently, unlessother arrangements are made, fees for services and other charges will be billed monthly and arepayable within thirty days of receipt. We reserve the right to charge interest after thirty days at themaximum legally permissible rate up to 1% per month or 12% per annum on amounts past due.

Representation in Unrelated Matters

We understand and agree that this is not an exclusive agreement, and you are free toretain any other counsel of your choosing. We recognize that we shall be disqualified fromrepresenting any other client (i) in any matter which is substantially related to our representationof you and (ii) with respect to any matter where confidential information you furnished to uscould be used to your material disadvantage. We represent many other companies andindividuals. It is possible that some of our present or future clients may have interests whichconflict with yours in litigation, business transactions or other legal matters during the time thatwe are representing you. Subject to the requirements of the District of Columbia Rules ofProfessional Conduct which govern us, we may in the future consult with you about ourcontinued representation or our undertaking of a new representation of a client in any suchmatter that is not substantially related to our work for you and that does not risk potential use ofconfidential information to your material disadvantage. The D.C. Rules of Professional Conductdeal specifically with instances where unforeseen conflicts arise between existing clients of thefirm.

Termination of Engagement

You may terminate our engagement with or without cause at any time on written notice tous. We will return all client papers and property immediately upon termination of our engagement.We will, however, retain our own files. If you wish to make copies of our files, you or your newlawyer can arrange to make copies of all our papers that we believe are necessary to continuedrepresentation. Termination of our services will not affect your responsibility to pay for legalservices rendered and all expenses and other charges incurred up to the date when we receivenotice of termination, and for any further work required of us in order to facilitate an orderlyturnover ofmatters in process at the time of termination.

We may terminate our engagement for any of the reasons permitted under the Rules ofProfessional Conduct which govern us, including: your failure to pay promptly our bills,misrepresentation of (or failure to disclose) any material facts, action taken contrary to our advice,or any other conduct or situation that in our judgment impairs an effective attorney-client

relationship between us or presents conflicts with our professional responsibilities. Subject to theRules of Professional Conduct which govern us, we may also terminate our engagement by reasonof your failure to consent to our representation of a client in accordance with the terms of thepreceding section. If required, we will request a stipulation executed by you allowing us towithdraw as attorney of record in any judicial, arbitration or similar proceedings. We may alsoapply for a court order approving our withdrawal from representing you, and you agree in advanceto our withdrawal.

Alternative Dispute Resolution: Mediation and Arbitration

Should any dispute arise concerning either the services provided to you by us or our billingstatements forwarded to you, you and we shall first try in good faith to settle the dispute directly.If the dispute is not resolved, it shall be submitted to voluntary third party neutral mediation inaccordance with the mediation rules of the American Arbitration Association. If mediation is notsuccessful, you and we agree to arbitrate the dispute in accordance with the Rules of the AmericanArbitration Association. The mediation and arbitration proceedings, including any hearings, shallbe held in a mutually agreeable venue. Both you and we agree that neither of us is entitled to orshall request or claim punitive or exemplary damages.

Client Documents

We will maintain any documents you furnish to us in our client file (or files) for thismatter. At the conclusion of the matter (or earlier, if appropriate), it is your obligation to adviseus as to which, if any, of the documents in our files you wish us to tum over to you. Thesedocuments will be delivered to you within a reasonable time after receipt of payment foroutstanding fees and costs. We will retain any remaining documents in our files for a certainperiod of time and ultimately destroy them in accordance with our record retention programschedule then in effect.

Exhibit A

ESTIMATED EXPENSES

TRIPSWashington for USCM Winter MeetingLaredo Week '09Laredo Week Staff SupportUSCM Annual MeetingLeadership Meeting Summer 09Trip to LaredoEmergency Trip (reserve)

$1,000.00 (Registration, meals and parking)$ 150.00 (Parking and meals)$1,000.00$1,900.00 (Air, hotel and registration)$1,200.00 (Air, hotel and registration)$1,200.00 (Air and hotel)$1,200.00

II. Subtotal $7,650.00

ESTIMATED MONTHLY EXPENSESCabs and Inner D.C. TravelPhone and faxMeals (2 meals per month with City designees)Mail/Fed Ex

Monthly Estimated CostsX months in contract

III. Subtotal for monthly

IV. TOTAL

$ 70.00$100.00$125.00$ 30.00

$325.00x 12.00

$3.900

$11,550

This number does not include the anticipated cost of the Laredo in Washington Receptionwhich had traditionally cost in the area of $25,000 to $30,000.

CONSULTING CONTRACT

AGREEMENT, made this 1st day of October, 2008, by and between GovernmentRelations Consultants, 11005 Sweetmeadow Drive, Oakton, VA 22124 (herein referredto as "the Consultant") and the CITY OF LAREDO, provided as follows:

WITNESSETH

WHEREAS, the CITY OF LAREDO and the Consultant desire that the Consultant beretained to provide, in the capacity of an independent contractor, intergovernmentalaffairs and informational services to, and for the benefit of the CITY OF LAREDO.

NOW, THEREFORE, in consideration of the premises and mutual promises of theparties hereto by them to be kept and performed, it is hereby agreed as follows:

SECTION I

SCOPE OF SERVICES: The consultant shall provide to the CITY OF LAREDOintergovernmental, informational and advocacy services described in Appendix I of thiscontract. In the performance of said services, the Consultant shall not engage in anyactivities which are illegal or unethical.

SECTION II

COMPENSATION: CITY OF LAREDO shall pay Government Relations Consultants(Allynn Howe) in the amount of $90,000, plus $5,000 out of pocket expenses ascompensation for services to be performed by Allynn Howe at the rate of $7,500 permonth, commencing with the date of this contract and payable in arrears on the last dayof each month. Approval for activities involving travel costs must be agreed to inadvance 1?y the Consultant and the CITY OF LAREDO.

SECTION III

NONEXCLUSIVITY: The consultant may act for and render intergovernmental affairsand informational services to other persons, government units, firms or corporationsduring the term of this agreement.

SECTION IV

DURATION OF AGREEMENT: This agreement shall commence upon the date of thiscontract and shall continue for twelve months ending September 30, 2009. ThisAgreement may be renegotiated at that time.

SECTION V

AMENDMENTS: No amendment to this agreement shall be effective unless it is inwriting and signed by both parties.

IN WITNESS THEREOF, the parties hereto have caused this agreement to be executedby their duly authorized officers on the day and year first noted above.

GOVERNMENT RELATIONS CONSULTANTS

By: -...,.- _

Allynn Howe, President

CITY OF LAREDO

By:. _

Carlos Villareat City Manager

@APPENDIX I

Informational and advocacy services shall include the following:

1. Coordination and assistance with meetings with appropriate Members ofCongress and Legislative and Executive Branch staff;

2. Assist with the drafting and dissemination of written material to Members ofCongress;

3. Coordination with other Consultants for the City of Laredo and relevantassociations and other properties on policy changes and budget matters that maybe considered by the Congress or the Executive branch;

4. Produce monthly report summarizing items of importance that have occurredduring the previous month;

5. Attend and take part in meetings from time to time with the City of Laredo'sstaff and elected officials at the request of the City of Laredo;

6. Generally, we will work on areas where the City of Laredo can improve theirreturn from Federal transportation programs particularly in highway and transitfunding, including, but not limited to the following:

1. National Corridor Planning and Border Infrastructure Program

2. Section 5309 Bus and bus facilities program

3. Intelligent Transportation Systems Integration Deployment program

4. Railroad grade crossings

5. Airport Improvements

6. Other Appropriations funding as needed


DATE: SUBJECT: MOTION12/01/08 Refund of property tax in the amount of $999.99 payable to American Home Mortgage

Servicing due to an overpayment. Account # 925-00015-271.

INITIATED BY:HORACIO A. DE LEON JR.,ASSISTANT CITY MANAGER


STAFF SOURCE:ELIZABETH MARTINEZ, RTATAX ASSESSOR-COLLECTOR

City Council has previously approved requests for refunds over $500.00 as required by State Law.

BACKGROUND:

Every month the Webb County Appraisal District submits to the City of Laredo changes in values certifiedby the WCAD Review Board. Some of these changes require tax refunds be issued due to clerical errors,double assessments, over assessments, over 65 exemptions, did not exist on the 1st of the year, exemptproperty and combined properties. As per section 26.15 (f) of the Texas Property Tax Code, "If acorrection decreases the tax liability of a property owner after the owner has paid the tax, the taxing unitshall refund to the property owner the difference between the tax paid and the tax legally due. As perSection 31.11 ( c ) of the Texas Property Tax Code, "An application for a refund must be made withinthree years after the date of the payment or the taxpayer waives the right to the refund." A taxpayer mayrequest a refund if an overpayment or an erroneous payment was made. As per Section 42.43 (a) of theTexas Property Tax Code, "If the final determination of an appeal that decreases a property owner's taxliability occurs after the property owner has paid his/her taxes, the taxing unit shall refund to the propertyowner the difference between the amount of taxes paid and amount of taxes for which the property owneris liable.

FINANCIAL IMPACT:

The City of Laredo will refund an amount of$999.99. It will be paid from line item Revenue/UnappliedPayments. Account # 101-0000-222-0300.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:

Approval of these refunds as detailed above.

RefU:YU£:NO. 08-

Tax Assessor - CollectorP.O. BOX 6548 1110 Houston St.

Laredo, Texas 78042 - 6548

5tyy6cationfor Tax 'Refuna

For Credit Refunds Only

101-0000.222.03.00(DEF. REV.)

Owner's name:Present mailing address:City, town or post office/state/zip code:

V illarreal-Guzman Guadalupe219 Sunset LoopLaredo, Texas 78046

Refund payable to:(if different from above)

Name: American Home Mortgage Servicing/Tax Dept.Mailing address: P.O. Box 13922

City, town or post office/state/zip code: Durham, NC 27709

Property legal description:Address or location of property:

Parcel number:

Lot 271 Blk 15 Century City III

219 Sunset Loop925-00015-271

Tax Payment Information:

Year for which

~~~~~.~~ .~~~1!~_~~~~....2008

Date of the

_!~~ .l?~y'~~l}~...9/17/08

Amount of

I~~~~.l?~i~.......!~?!.~:!~.

Amount oftax refund

.:~~~.~~!~~.... _.999.99

Total Refund 999.99

Taxpayer's reason for refund (attach supporting documentation):

American Home Mortgage Servicing was paying only the 2007 taxes and requesting refund on the overpaid amount.

"I hereby apply for the refund of the above-described taxes and certify that the information I have given on this form

is true and correct"

Requested by American Home Mtg. Servicing (see attached)Signature

November 19, 2008Date

1/!l7!oy/Date

Disapproved-----

Eliz eth Maliinez, RTATax Assessor-Collector

If you make a false statement of this application, you could be found guilty of a Class A misdemeanor or astate jail felony under Te Penal C~d;}e.5tion 3:.10.

Prepared by: ~Z~/~ ~f

DATE:

12/01/08


SUBJECT: MOTIONConsideration for approval of the selection and award of a professional services contractto consultant O'Connor Engineering & Science, Inc., Laredo, Texas, for the AsbestosContaining Building Materials Investigations for FY2009, and authorization to negotiate aprofessional services contract fee for each respective proposed project city wide. Fundingis to be available from each project account.

INITIATED BY:Carlos Villarreal,City Manager


STAFF SOURCE:Rogelio Rivera, P.E.,City Engineer

BACKGROUND:Five (5) firms responded to the request for qualifications on Friday, October 24,2008, at 4:00 P.M. asfollows:

1. Dios Dado Environmental, Ltd., Selma, Texas2. Merit Environmental, Houston, Texas3. Terracon Consultants, Inc., Laredo, Texas4. Horizon Environmental Services, Inc., Austin, Texas5. O'Connor Engineering & Science, Inc., Laredo, Texas

Scope of services include, but are not limited to:

1. Asbestos Surveying;2. Report on the findings and recommendations;3. Develop abatement work plan, if applicable;4. Coordination with City, State, and Federal agencies, as required.5. Project Monitoring, as required, during the abatement process;6. Final Report Preparation.

All work related to the project will be provided by a duly licensed asbestos consultant and in conformancewith all applicable municipal, state, and federal guidelines and regulations, and in close coordination withthe Texas Department of Health.

The Staff Committee composed of several City Departments evaluated the submittals and based on theCity's standard selection criteria (capability to perform, professional background, quality of projects,etc.). O'Connor Engineering & Science, Inc., Laredo, Texas, is recommended.

A proposal for each project will be negotiated.

FINANCIAL IMPACT:Funding is to be available from each project account.

COMMITTEE RECOMMENDATION:N/A.

STAFF RECOMMENDATION:Approval of Motion.

DATE:

12/01/08


SUBJECT: MOTIONConsideration for approval of change order no. 1 to add forty-five (45) working days tothe construction contract with Rhino Builders, Ltd., Laredo, Texas, for the WalkwayCanopy (USA) of International Bridge I for additional work needed to core (instead ofdrilling as specified) through bridge deck in order to not spall off sections of the undersizeof the deck, thereby maintaining structural integrity and also to add time due to rising riverlevel causing contractor to have to relocate materials stored at River Bank to higherground. Current contract time with this change order is one hundred forty-five (145)working days. Funding is available in the Bridge Fund - Construction Projects.

INITIATED BY:Carlos Villarreal,City Manager

STAFF SOURCE:Rogelio Rivera, P.E., City EngineerMario Maldonado, Bridge Manager

PREVIOUS COUNCIL ACTION:On April 11, 2008, City Council approved to award a construction contract to the sole bidder RhinoBuilders, Ltd., Laredo, Texas, in the amount of$898,760.50 for the Walkway Canopy (USA) ofInternational Bridge I.

BACKGROUND:The project consists of installation of a canopy over the walkways on International Bridge I (USA sideonly) approximately 1000 linear feet with misting system.

Plans and specifications were prepared by KBR, Houston, Texas.

This change order no. 1 is to add forty-five (45) working days to the construction contract time foradditional work needed to core (instead of drilling as specified) through bridge deck in order to not spalloff sections of the undersize of the deck, thereby maintaining structural integrity and also to add time dueto rising river level causing contractor to have to relocate materials stored at River Bank to higher ground.

Original construction contract amount $898,760.50(Approved by City Council on April 11, 2008)

This change order no. 1 $ -0-Current construction contract amount. $898,760.50

Current contract time with this change order is one hundred forty-five (145) working days.

FINANCIAL IMPACT:Funding is available in Bridge Fund - Construction Projects.Account no. 553-4050-535-9301


STAFF RECOMMENDATION:Approval of Motion.


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

12/01/08 Construction, LLC., Laredo, Texas, in the amount of $477,052.00 for the ChannelImprovement Mary Help Project. Funding is available in the 2008 C.O Issue.

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


BACKGROUND:The project consists ofconstruction approximately 1200 linear feet ofopen channel drainage systemimprovements including channel excavation, concrete lining, utility relocation and other relatedconstruction and appurtenances in conjunction with Springfield Avenue North Extension.

Plans and specifications were prepared by Porras Nance Engineering, Laredo, Texas.

Seven (7) bids were received at the City Secretary's Office at 4:00 P.M. on Wednesday, November 12,2008, and publicly opened, read, and taken under advisement on Thursday, November 13, 2008, at 11 :00A.M., as follows:

Contractor (Bidder) Base BidClosner Construction Company $725,911.25Laredo, TexasREIM Construction, Inc. $597,327.50Alton, TexasZertuche Construction $605,423.50Laredo, TexasCoastal Resources, Ltd. $669,483.75Corpus Christi, TexasALC Construction, LLC. $477,052.00Laredo, TexasLaredo Atlantis, Inc. $557,995.00Laredo, TexasSLC Construction, L.P. $610,822.54Conroe, Texas

The bid and bid bonds were checked and found to be in order. Staff therefore concurs with consultant andrecommends award in the amount of $477,052.00 to ALC Construction, LLC., Laredo, Texas.

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

FINANCIAL IMPACT:Funding is available in the 2008 Certificate of Obligation.Account No. 463-9810-535-9301COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:N/A. Approval ofMotion.

DATE:12/01/08


SUBJECT: MOTIONSConsideration to award supply contract number FY09-008 to the low bidder, FergusonWaterworks, Mission, Texas in the estimated amount of $250,000.00 for the purchaseof PVC pipe used by the Utilities Department. This will be a sixty (60) day supplycontract with an option to extend for additional sixty day periods. These materials arepurchased on an as needed basis for construction and repair projects. Funding isavailable in the Utilities Department budget.



STAFF SOURCE:Tomas Rodriguez, P.E., Utilities Department DirectorFrancisco Meza, Purchasing Agent

BACKGROUND: The City received four bids for awarding a contract for providing the UtilitiesDepartment with PVC pipe. Staff is recommending that a contract be awarded to the low bidder, FergusonWaterworks. The bid pricing will be firm fixed for sixty days from the date of award and there is an optionto extend for eight additional sixty day periods if the bid pricing is unchanged. The material providers willhold the bid pricing only for sixty days due to the unstable pricing climate. A complete bid tabulation isattached.

Summary Based on Bid Evaluation Criteria

Item Description1 2" Pipe, 20' joints2 3" Pipe, 20' joints3 4" Pipe, CL2004 6" Pipe, CL2005 8" Pipe, CL2006 12" Pipe, CL2007 16" Pipe, DR-188 10" Pipe, CL2009 14"Pipe, DR-1810 20"Pipe,DR-1811 24"Pipe,DR-18

Estimated Quantity1,000 Ft.

100 Ft.100 Ft.

10,000 Ft.50,000 Ft.20,000 Ft.10,000 Ft.1,000 Ft.1,000 Ft.1,000 Ft.1,000 Ft.

FergusonWaterworks

Unit Price$ .37$ .72$ 2.08$ 4.05$ 6.95$ 14.95$ 20.55$ 10.55$ 15.80$ 32.15$ 46.18

HD SupplyWaterworks

Unit Price$ .42$ .83$ 2.29$ 4.28$ 7.06$ 14.91$ 20.57$ 9.87$ 15.78$ 31.99$ 46.00

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 this contract beyond the current fiscal year is contingent upon the availability ofappropriated funds from which payments for the contract purchases can be made. If no funds areappropriated and budgeted during the next fiscal year, this contract becomes null and void.

Account Number: 557-0000-141-0000

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

Bid Tabulation FY08-022PVC-PipeNovember 28, 2007 3:00PM

Ferguson WaterworksMission, Texas 78572

HD Supply WaterworksSan Antonio, Texas 78251

Item Description Estimated Quantity Brand Untit Price Ext. Price Item Description Estimated Quantity Brand Untit Price Ext. Price1 2" Pipe, 20' joints 1,000 Feet Diamond $ 0.37 $ 370.00 1 2" Pipe, 20' joints 1,000 Feet JMM Eagle $ 0.42 $ 420.002 3" Pipe, 20' joints 100 Feet Diamond $ 0.72 $ 72.00 2 3" Pipe, 20' joints 100 Feet JMM Eagle $ 0.83 $ 83.003 4" Pipe, CL200 100 Feet Diamond $ 2.08 $ 208.00 3 4" Pipe, CL200 100 Feet JMM Eagle $ 2.29 $ 229.004 6" Pipe, CL200 10,000 Feet Diamond $ 4.05 $ 40,500.00 4 6" Pipe, CL200 10,000 Feet JMM Eagle $ 4.28 $ 42,800.005 8" Pipe, CL200 50,000 Feet Diamond $ 6.95 $ 347,500.00 5 8" Pipe, CL200 50,000 Feet JMM Eagle $ 7.06 $ 353,000.006 12" Pipe, CL200 20,000 Feet Diamond $ 14.95 $ 299,000.00 6 12" Pipe, CL200 20,000 Feet JMM Eagle $ 14.91 $ 298,200.007 16" Pipe, DR-18 10,000 Feet Diamond $ 20.55 $ 205,500.00 7 16" Pipe, DR-18 10,000 Feet JMM Eagle $ 20.57 $ 205,700.008 10" Pipe, CL200 1,000 Feet Diamond $ 10.55 $ 10,550.00 8 10" Pipe, CL200 1,000 Feet JMM Eagle $ 9.87 $ 9,870.009 14"Pipe, DR-18 1,000 Feet Diamond $ 15.80 $ 15,800.00 9 14"Pipe, DR-18 1,000 Feet JMM Eagle $ 15.78 $ 15,780.0010 20"Pipe,DR-18 1,000 Feet Diamond $ 32.15 $ 32,150.00 10 20"Pipe,DR-18 1,000 Feet JMM Eagle $ 31.99 $ 31,990.0011 24"Pipe,DR-18 1,000 Feet Diamond $ 46.18 $ 46,180.00 11 24"Pipe,DR-18 1,000 Feet JMM Eagle $ 46.00 $ 46,000.00

Total $ 997,830.00 Total $ 1,004,072.00

DATE:12//0112008


SUBJECT: MOTIONS 'Consideration to award contract number FY09-004 to the following low bidders:

1. J.C. Twiss, Laredo, Texas in the estimated amount of $70,000.00;2. Gateway Uniforms, Laredo, Texas in the estimated amount of $3,000.00;3. Mike's Western Wear, Laredo, Texas in the estimated amount of$8,000.00.;

for the purchase of safety footwear for city maintenance personnel. Contract pricinghas been secured for boots styles approved for use city maintenance personnel. Eachdepartment will have the option to choose the type of boot best suited for the workenvironmental and budget allocation. All safety footwear is purchased on an as needbasis from the respective departmental budgets. Funding is available in the respectivedepartment budgets.



STAFF SOURCE:Francisco Meza, Purchasing Agent

BACKGROUND: Three bids were received for awarding a one-year contract for the purchase of approvedsafety footwear for the city maintenance personnel. Bids were requested on different steel toe safetyfootwear styles approved by the Risk Management Division. Departments will have the option to choosethe type ofboot best suited for the work environmental based on their budget allocation.

The contract award is based on the lowest fixed pricing for the requested footwear for one year period.This contract may be extended for an additional year period upon mutual consent ofboth parties.

A complete bid summary is attached.

FINANCIAL IMPACT: Funding is available in the respective departmental budgets. Boots are purchasesfor the Public Works, Parks and Recreation, Traffic Safety, Airport Maintenance, Fleet, Health, LaredoTransit Management Inc., Laredo Municipal Housing Corporation, Library, Engineering, Environmental,Risk Management and Utilities.COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended

that these contracts be awarded.

Safety FootwearFY09·004

GATEWAY UNIFORMS J C TWISS MIKE'S WESTERN WEARLAREDO, TEXAS LAREDO, TEXAS LAREDO, TEXAS

SECTION ICategory Redwing Brand Est. Qty, Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost

a Pull Up 12" 2231, Brown 500 $ 125.00 $ 62,500.00 $ 119.00 $ 59,500.00 No Bid

b Pull Up 8" 4451, Brown 2 $ 128.00 $ 256.00 $ 120.00 $ 240.00c Pull Up 8" 2233 Brown 2 $ 125.00 $ 250.00 $ 119.00 $ 238.00d Pull Up 11",4471 Black 25 $ 130.00 $ 3,250.00 $ 125.00 $ 3,125.00e Lace Up Electrical 2326 2 $ 99.00 $ 198.00 $ 106.00 $ 212.00f Pull on 11" Electrical 2405 50 $ 130.00 $ 6,500.00 $ 124.00 $ 6,200.00g Lace UP Electrical 2406 2 $ 130.00 $ 260.00 $ 120.00 $ 240.00h Women Shoe 5430 2 $ 59.00 $ 118.00 $ 70.00 $ 140.00

Women Mid High worx 5433 2 $ 62.00 $ 124.00 $ 80.00 $ 160.00j Pull Up 10" 2249 2 $ 115.00 $ 230.00 $ 119.00 $ 238.00k Women Shoes Lace Up 2327 Br. 5 $ 86.00 $ 430.00 $ 99.00 $ 495.00I Pull on 11" 4470 Br. 3 $ 130.00 $ 390.00 $ 125.00 $ 375.00m Pull 11" 2259 Br. 3 $ 105.00 $ 315.00 $ 109.00 $ 327.00n Men Shoe 6618 3 $ 105.00 $ 315.00 $ 109.00 $ 327.00a Men Shoe 6659 Br. 3 $ 105.00 $ 315.00 $ 109.00 $ 327.00

Est. Total $ 1,730.00 $ 69,918.00

SECTION IICategory Redwing Brand Est. Qty. Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost

a Iron Age 629, Pull Up 11", Brown 2 No Bid No Bid No Bidb Iron Age Pull Up 6", 735 Black, 2 No Bid

746 Brown 2 No Bidc Iron Age 634, , 12" Boots Brown 2 No Bidd Iron Age 722, 6" Lace Up Brown 2 No Bide Iron Age 9653, Casual Lace Up 2 No Bidf Iron Age 8" Boot Lace Up 459 2 No Bidg Iron Age 730 8" boots, Lace Up 2 No Bidh Wolverine 1938, 5 $ 135.00 $ 675.00

Ariat Sierra 37680 5 $ 105.00 $ 525.00

Pull Up 10" No Bidj Ariat Sierra 35810, 6" lace up 3 $ 105.00 $ 315.00

k Cat 89021, 10" Pull up 10 No BidI Wolverine 1302 Tennis Shoe 5 No Bidm Justin 764, 8" lace up 10 $ 135.00 $ 1,350.00

n Justin 4766, 10" Pull Up 10 $ 135.00 $ 1,350.00

0 Women Work Shoe Wol. 4393 10 $ 90.00 $ 900.00

P Women Cascade, 6" Ariat 31380 5 $ 135.00 $ 675.00

q Lace Up 6", Wol. 03177 5 $ 130.00 $ 650.00

r Lace UP Wolverine 3835 5 $ 130.00 $ 650.00

s Pull Up Boot Multi Shox 04439 3 $ 135.00 $ 405.00

t Women Work Boot Wol. 1302 3 No BidEst. Total $ 7,495.00

DATE:12/01/08


SUBJECT: MOTIONConsideration to authorize the purchase of computers, computer software, and otherservices offered through the State of Texas, Department of Information Resources(DIR) cooperative purchase contracts. The City is a member of the State of Texas Texas Procurement and Support Services (TPASS) Cooperative Purchasing programwhich allows eligible municipalities to take advantage of approved State contracts.Funding for cooperative purchase contracts and services are available in the respectivedepartmental budgets.

INITIATED BY:Horacio De Leon, Assistant City Manager

STAFF SOURCE:Beto Ramirez, Information Technology & Support ServicesDepartment DirectorRosario C. Cabello, Financial Services Department DirectorFrancisco Meza, Purchasing Agent

PREVIOUS COUNCIL ACTION: Authorized the purchase of computers and computer equipment, andother services through the State of Texas - Department of Information Resources (DIR) cooperativepurchase contract.BACKGROUND: The State of Texas - Department of Information Resources (DIR) cooperativepurchasing program allows municipalities to take advantage of the contract pricing for personal computerhardware and software. Contract pricing is available from major manufacturers of personal computers suchas Dell, Compaq, Gateway, Micron and IBM. The City shall purchase computers based on budgetavailability.

FINANCIAL IMPACT: Funds for the purchase ofpersonal computers are available in the respectivedepartmental budgets.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:It is recommended that this action be authorized.

DATE:12/01108


SUBJECT: MOTIONSConsideration to authorize the use of the State of Texas - Procurement andSupport Services (TPASS) Division's cooperative purchasing programcontract awarded to fourteen qualified library book vendors for the purchaseof library materials. This contract will supplement the Library's ability topurchase books and audio visual materials. Funding is available in the PublicLibrary budget.



STAFF SOURCEMiguel Pescador, Parks & Leisure DirectorMaria Soliz, Acting Library ManagerFrancisco Meza, Purchasing Agent

BACKGROUND: The State Term contract enables the library to acquire library books and audio visualmaterials at competitive prices and discounts offered by various book distributors. Multiple contractsfrom various genres insures a high quality and variety of reading materials for an efficient collectiondevelopment. The purchase of library materials shall be made through the State ofTexas Non AutomatedTerm Contract 715-Nl - Texas Procurement and Support Services (TPASS) Cooperative PurchasingProgram.

State Term Contract VendorsIngram Library ServicesBaker & Taylor Inc.Midwest Tape, L.L.C.Amergreen, Inc.Brodart CompanyPerma-BoundDavidson TitlesComplete Book & Media SupplyScholastic Library PublishingBlackwell Book ServicesGumdrop BooksTandem Library GroupBound To Stay Bound BooksSlim Goodbody Corporation

FINANCIAL IMPACT: The purpose of this contract is to establish prices for the commodities orservices needed, should the City need to purchase these commodities or services. The City's obligationfor performance of an annual supply contract beyond the current fiscal year is contingent upon theavailability of appropriated funds from which payments for the contract purchases can be made. If nofunds are appropriated and budgeted during the next fiscal year, this contract becomes null and void.

Department AccountParks and Leisure Department Main Library 101-3170-552-2302Parks and Leisure Department Main Library 101-3170-552-2303Parks and Leisure Department Bruni Library Branch 101-3172-552-2302Parks and Leisure Department Bruni Library Branch 101-3172-552-2303Parks and Leisure Department Library Bookmobile 101-3173-552-2302Parks and Leisure Department Library Bookmobile 101-3173-552-2303

COMMITTEE RECOMMENDATION: The STAFF RECOMMENDATION: Authorize theLibrary Advisory Committee will consider this item use ofthe State ofTexas cooperative purchasingon December 10, 2008. contract.

DATE:12/01/08


SUBJECT: MOTIONSConsideration to authorize a contract with Motorola Inc., c\o RZCommunications, for the purchase of thirty portable radio and accessories in thetotal amount of $104,996.76. These radios will be purchased through theHouston Galveston Area Council of Governments (H-GAC) cooperativepurchasing program contract number RA01-08. Funding is available in the PoliceDepartment's budget

INITIATED BY:Cynthia Collazo, Deputy City Manager

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

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

BACKGROUND: The Police Department has been authorized to purchase thirty portable radios. Deliveryis expected within thirty to ninety days after receipt of order.

Portable Radio XTS 2500Wind Porting Microphone w/ear jackRadio Packet DataProgramming

Qty Unit Price30 $2,735.50

172 $ 94.0830 $ 150.0030 $ 75.00Grand Total

Extended Cost$ 82,065.00$ 16,181.76$ 4,500.00$ 2,250.00$104,996.76

FINANCIAL IMPACT: Funding for this communication equipment is available in the Police Department'sbudget

Account Number: 101-2366-522-2400 $104,996.76

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended thatthis contract be approved.

DATE:12/01/08


SUBJECT: MOTIONSConsideration to authorize the purchase of practice and duty ammunition for the PoliceDepartment in the estimated amount of $59,078.12 from G. T. Distributors Inc.,Austin, Texas through the BuyBoard Cooperative Purchasing Program's contractpricing. Funding is available in the Police Department's budget.

INITIATED BY:Cynthia Collazo, Deputy City Manager

PREVIOUS COUNCIL ACTION:Cooperative Purchasing program.

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

Approved the City of Laredo's participation in the Buy Board

BACKGROUND: Authorization is requested for the purchase of practice and duty ammunition for thePolice Department. This ammunition will be purchased from G.T. Distributors utilizing the BuyBoardcontract number 284-08. \

Description Est. Qty. Cost/Thousand Total.45 Cal. Auto, 230 Grain Federal 100,000 $320.28 $ 32,028.00.45 Cal. Duty Ammo, 185 Grain 15,000 $311.99 $ 4,679.85Federal.223 Cal, 55 Grain Practice Ammo 35,000 $260.00 $ 9,100.009MM Cal., 147 Grain, FMJ 20,000 $208.77 $ 4,175.409MM Cal., 115 Grain, GR JHP 5,000 $259.82 $ 1,299.1040 Cal., 155 Grain, JHP for handguns 5,000 $281.84 $ 845.525.7 x 28mm Ball Duty Ammo for P 5,000 $864.00 $ 4,320.0090SMG308 Cal. Winchester, 168 Gr. 2,000 $903.00 $ 1,806.00Homady.40 Cal. S & W, 180 Grain 3,000 $274.75 $ 824.25

Grand Total $ 59,078.12

FINANCIAL IMPACT: Funds for the purchase of this ammunition is available from the PoliceDepartment's ammunition line item budget:

Account Number 101-2366-522-2500

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:It is recommended that this action be authorized.


DATE: SUBJECT: MOTIONConsideration for approval to award a professional services contract to Howland SurveyingCo., Inc dba Howland Engineering and Surveying Co., in the amount of $1 ,91 0,000 for

12/01/08 engineering services including but not limited to pavement assessment, as-built surveys,subsurface exploration, environmental assessment, pavement repair designs, constructionphase services, and construction materials testing for the Industrial Streets Project. Funding isavailable in the Capital Grants Fund (Truck Route/Industrial Road -Account No. 458-2662-525-4276).

INITIATED BY: I STAFF SOURCE:Carlos Villarreal, City Manager Keith Selman, City PlannerPREVIOUS COUNCIL ACTION:On 8120/07, Council authorized the submittal of the Industrial Streets project for project fundingeligibility under the Coordinated Border Infrastructure Program. On 2/4/08 Council approved Ord. No.2008-0-018 which authorized the City Manager to accept and execute a funding agreement with theTexas Department of Transportation in the amount of$ 19,050,000 with a local match of$1,496,480.

BACKGROUND: The passage of the Safe, Accountable, Flexible, Efficient Transportation Equity Act:A Legacy for Users (SAFETEA-LU) of 2005 authorized the implementation of the Coordinated BorderInfrastructure (CBI) program. On March 30, 2006, the Texas Transportation Commission approvedMinute Order 110481, wherein the eighty one million, eight hundred sixty seven thousand, two hundredtwenty one dollars ($ 81,867,221) were allocated to the Laredo District. Of that total, fifty four million ($54,000,000) was identified for use within City of Laredo area.

Scope ofwork includes but is not limited to:

The Industrial Streets Project is intended to assess and repave those intersections and streets segmentsneeding repair located with the industrials parks, industrial districts, industrial access roads, and thetruck route. The project involves pavement assessment, as-built surveys, subsurface exploration,environmental assessment, pavement repair designs, construction phase services, and constructionmaterials testing for the Industrial Streets Project. (See Contract: Attachment A, for detailed listing ofproject scope)

Total Project Cost Estimated at: $19,050,000

Engineering fee breakdown is as follows:

Engineering InDescription of Task Fee % DollarsRoadway Evaluation 12% $182,400Environmental/Geotechnical Service 15% $228,000Surveying 15% $228,000Design Phase 40% $608,000Bid/Construction 18% $273,600Construction Materials Testing allowance $390,000Total 100% 1,910,000

Contract time is 200 days.FINANCIAL IMPACT:Funding is available in Account No. 458-2662-525-4276COMMITTEE RECOMMENDATION: I STAFF RECOMMENDATION: Approval ofMotion.N/A.

SCOPE OF SERVICESATTACHMENT "A"

Project:

CONTRACT TO PROVIDE PROFESSIONAL SERVICES FOR THEINDUSTRIAL STREETS PROJECT FOR THE CITY OF LAREDO, TEXAS

The City of Laredo with the cooperation of the Texas Department of Transportation (TXDOT) LaredoDistrict and the Federal Highways Administration (FHA) is proposing to repair intersections and / or streetsections within Industrial Parks, Industrial Districts, Industrial Access Roads and Truck Routes in Laredo,Texas which are non-TXDOT maintained. Due to increase truck traffic combined with outdatedpavement design sections and general wear and tear ofroadways, several pavement conditions throughoutthe Industrial Parks, Industrial Districts, Industrial Access Roads and Truck Routes in Laredo, Texas arecurrently in poor condition and require repairs.

Our professional engineering services will include assessment of pavement conditions for intersectionsand / or street sections at Industrial Parks, Industrial Districts, Industrial Access Roads and Truck Routesin Laredo, Texas which are non-TXDOT maintained, as-built surveys for design, subsurface exploration,environmental assessment, pavement repair designs, construction phase services and ConstructionMaterials Testing (CMT).

Howland will prepare bid documents for pavement repair design plans and specifications within theconstruction project's estimated $17 Million budget based on our engineering cost estimate.

The following is our scope ofwork:

Roadway EvaluationHowland will perform roadway evaluations based on visual pavement conditions for City ofLaredo publicmaintained roads within Industrial Parks, Industrial Districts, Industrial Access Roads and Truck Routeswhich are non-TXDOT maintained. The following industrial parks and truck routes include, but notlimited to, in the evaluation portion ofthe project:

Industrial ParksCrossroads, Milo Distribution Center, San Isidro Pan American Business Park, International TradeEast Point Center CenterDel Mar Industrial Park Paso Del Norte Industrial ParkEI Portal Industrial Park Pellegrino Industrial ParkEmbarcadero Industrial Park Pinto Valle Industrial ParkInteramerica Industrial Park Quivira ProjectInternational Commerce Center RMR & TWJ Industrial ParkKillam Industrial Park Roadway ExpressLaredo Distribution Center South Laredo Industrial ParkLas Minas Industrial Park South Texas Oil & Gas Industrial ParkMcPherson Acres Tejas Industrial ParkMillenium Park Tex-West, Ponderosa, & Tex-Mex Industrial ParksMissouri Pacific Railyard Unitec Industrial Park

Engineering Contract Page 11 of 17

Professional Services Contract Attachment"A" Scope of Services Page 2 of 3

Truck Routes (Outside Industrial Parks)Scott Street Gale StreetJefferson Street Thomas AvenueLafayette Street Pappas StreetVidaurri Avenue Daugherty AvenueSanta Isabel Avenue Bustamante StreetBurnside Street Airpark DriveAnna Avenue Maher AvenueCalton Road Hillside RoadSanta Maria Road Airpark CourtMann Road Convent AvenueRiver Road Arkansas AvenueMilo Road (FM 3464)

The roadways will be assessed a numerical scale to rank the pavement conditions. Howland will presentthe fmdings to the City of Laredo to discuss fmal determinations of which intersections / street sectionswill require repairs.

Environmental/GeotechnicalHowland will perform a Blanket Categorical Exclusion (BCE) Environmental Checklist for eachintersection / street considered for design repairs. Locations requiring additional environmental clearancessuch as Programmatic Categorical Exclusion will not be considered.

Howland will perform a geotechnical exploration of subsurface conditions within Right-of-Way ofroadways. Soil test borings will be drilled to depths offive (5) spaced approximately 150' apart within therepair areas. If groundwater is encountered during the drilling, an initial groundwater level will berecorded. A written report of the data obtained and an evaluation ofthe soil conditions, recommendationsfor site preparation, pavement design recommendations and other recommendations relevant to the soiland subsoil characteristics for the project site.

Howland will contact a utility locator to mark existing utility lines. Effort will be taken to prevent utilitybreaks; however, Howland will not be held responsible of any utility compromise. Due to safety concernsregarding traffic, we will provide traffic control personnel and devices for diverting traffic away from thedrilling rig during field work.

SurveyingHowland will perform as-built surveys at each repair area to include necessary field data information todevelop design plans. Howland will perform the surveys within Right-of..Way of roadways. Noadditional Right-of-Way acquisition will be required for the repair design. Property lines will be shownon the design plans as best-fit; however, no boundary surveys will be performed.


Professional Services Contract Attachment "A" Scope of Services Page 3 of3

Plans and SpecificationsHowland will perform final analysis and design for pavement repair, and subsequently prepare plans to bebid for construction. The construction plans and specifications will generally include the following:

~ Title Sheet;~ Basis ofEstimate;~ Survey Control Plan;~ Location Site Plan;~ Intersection / Street Detail Plan;~ Pavement Details;~ Typical Traffic Control Plan;~ Storm Water Pollution Prevention Plan;~ Storm Water Pollution Prevention Details;

Design area will be within the existing roadway curb. Storm water, utilities and sidewalk requirements orupgrades are not within the scope ofwork.

Howland will submit five (5) copies of review sets to the City of Laredo at the 30% and 50% designcompletion phase. In addition, Howland will provide a review set, as required, to the City of Laredoutility coordination and submittal/approval to TXDOT and Texas Department of Licensing andRegistration (TDLR).

Howland will submit forty (40) sets of plans and specifications and contract document to the City ofLaredo for distribution at [mal submittal.

Bidding PhaseHowland will assist in the bidding phase of this project by attending pre-bid meetings. In addition,Howland will prepare a bid tabulation to clearly review contractor's bids and submit recommendations.

Construction PhaseHowland will perform construction staking for proposed construction. In addition, Howland will performobservation, reviewing, and approving shop drawings and contractor's monthly pay requests. Howlandwill conduct in company with the City a [mal inspection ofthe project for conformance with the design ofthe project and compliance with plans and specifications and approve, in writing, [mal payment to thecontractor. Howland will provide one (1) set of reproducible record drawings (As-Built) in Mylars and indigital form.

Construction Materials Testing (CMT)Howland will perform construction materials testing as required by plans and specifications, and willinclude an allowance in the contract for this task, in the amount of$390,OOO.


HOWLAND ENGINEERING AND SURVEYING CO.Industrial Streets Project

Project ScheduleOctober 30, 2008

Pro.iect ScheduleMonths

1 I z I 3 I 4 5 6

RDWway Evaluauonrl i ! i I I I I I I IEm"ronmentm / Geote<bIDC~~S I 'ij;'3i;;;1;:';i~;j,;:';:;;r:!'0':;';i.. .••.. ...•• •.•• ::

Bid Phase and Construction Phase will conunence after final design approval by the City ofLaredo.Construction Phase is anticipated to be approximately 12 - 15 months.

Attachment BPage 1 ofl


DATE:


SUBJECT: MOTIONConsideration to authorize approval ofamendment ofthe professional services contract

12/01/08 dated May 27,2008 with Wilbur Smith Associates, for the performance ofprofessionalservices related to the Metropolitan Transportation Plan 2010 - 2035, is amended such thatboth: the fee is increased by $45,800.00, from $71,400.00 to $117,200.00, for additionalprofessional services, and to extend the contract by an additional 365 days. Funding isavailable in the MPO Account.


STAFF SOURCE:Keith Selman, City Planner

PREVIOUS COUNCIL ACTION:On 5/05/08, Council approved the award ofthe contract to Wilbur Smith Associates.

BACKGROUND:

The Unified Planning Work Program describes and schedules work to be undertaken by the MPO duringthe fiscal period. The development ofthe Metropolitan Transportation Plan 2010 - 2035 is an objective ofboth the 2008 and 200 9 Unified Planning Work Programs, adopted by the committee known as theLaredo Urban Transportation Study. The project is intended to develop the long range transportationplanning document identified as the MTP 2010-2035. The objectives of the project are:

1. Evaluate the existing transportation system, public transportation, environmental conditions, andtransportation needs, and develop a financially constrained implementation plan.

2. Coordination with all agencies involved, concerned, or interested in the development of thedocument, including but not limited to the City ofLaredo, County ofWebb, Texas Department ofTransportation (TxDOT), etc.

3. Ensure public participation in the development of the document, which shall include but not belimited to presentations to the MPO Policy Committee and the Laredo City Council.

Original professional services contract amount. $ 71,400(Approved by City Council on 02/20/07)

This Amendment - Additional professional services $ 45,800Total Current Contract. $ 117,200

FINANCIAL IMPACT:The MPO has budgeted for the $76,321 from account 101-2112-513-5526 for this project using federalplanning grant (PLl12) funds.COMMITTEE RECOMMENDATION:N/A. I

STAFF RECOMMENDATION:Approval ofMotion.


DATE: SUBJECT: MOTIONAwarding a construction contract to CG Construction, Inc. DBA CC Construction

12/01/08 Laredo, Texas in the estimated amount of $1,408,069.98 for the Nadbank-2,Phase "B", Penitas Wastewater Treatment Plant. The project consists of a125,000gallon per day Wastewater Treatment Plant, 2418 linear feet of 8" effluent lineand related appurtenances to service the Colonia Rancho Penitas West. Theconstruction time is 250 calendar days. This project is funded by the NorthAmerican Development Bank (NADB) and is subject to their approval. Funds areavailable in the Colonias Fund.

INITIATED BY: STAFF SOURCE: 1/1U-Jesus M. Olivares, Assistant City Manager Tomas M. Rodriguez, Jr., P.E., Utilities DIrector


BACKGROUND SUBJECT: MOTIONThe project consists of a125,000 gallon per day Wastewater Treatment Plant, 2418 linear feetof 8" effluent line and related appurtenances to service the Colonia Rancho Penitas West.

Nadbank-2 Phase "B" Peiiitas Wastewater Treatment PlantBase Bid Alternative

Leyendecker Construction.. , ..$1,647,377.09 $ 83,094.33SLC Construction $1,608,721.92 $114,318.78CC Construction $1,350,802.58 $ 54,994.50Austin Engineering Co $1,858,315.00 $ 96,900.20HC Holloman Corporation $1,625,039.00 $121,792.00

Total$1,730,471.42$1,723,040.70$1,408,069.68$1,955,215.20$1,746,831.00

Consultant and staff recommend awarding the contract to CC Construction as the lowestresponsible bidder.

FINANCIAL IMPACT:Funding to pay for this contract exists in the NADBANK Colonia Fund Account #451-8311535-9301.

COMMITTEE RECOMMENDATION:N/A

STAFF RECOMMENDATION:To award contract.

ARCADlSTomas M. Ramirez, Jr., P.E.Utilities DirectorCity of Laredo5816 DaughertyLaredo, Texas 78041

Subject: Mincs Road NADB-2, Pcnitas Wastcwatcr Trcatmcnt Plant

Mr. Rodriguez:

Transmitted herewith is one (I) copy of the bid summary sheet on the above-referencedproject. The summary sheet shows the bidders relative position at bidding as well as aftercompletion of our review. There were two bidder's with irregularities found in theirproposals alld are as follows:

• Leyendecker Construction: Bidder did not include a unit price for Items 9, 12,and 20. Also, Items 13, 15, 18, & 19 had errors in totals. This bidder's bid wasrejected because he provided an incomplete bid.

• CG Construction, Bid Item No. 10: Total Cost for this item was not addedcorrectly. Contractor bid item unit rate is $43.45 @ 2,418 units = $105,062.10.Bid had a total amount 0[$102,789.20.

• CO Construction, Total Base Bid: This item was not added correctly. Contractor!btal base bid is $1,353,075.48. Bid had a total amount of$I,350,802.58.

Additive Bids were included in the bid proposal and the City has the option to awardadditive bid items if required. Additive bids from items 14 thm items 19 were added todetermine the total contract amount.

Based on the information required and shown on the bids, and project reference checks,we recommend that the bid be awarded to the low bidder, CO Construction on the totalamount of $1,408,069.98. It is also recommended that a construction contingency of$140,806.00 be requested for testing, inspection and unforeseen site conditions.

If you have any questions, please do not hesitate to contact this office.

Sincerely,

~~Ricardo Ramos. P.E.

ARCADIS

5219 McPherson

Suite 426

Laredo

Texas 78041

Tel 956 728 7292

Fax 956 712 4171

BUSINESS PRACTICEVVATERNVASTEVVATER

NOVEMBER 14, 2008

Enclosures: Bid Tabulation Summary Sheet (2)

MINES ROAD NADB·2PENITAS WASTE WATER TREATMENT PLANT

PREPARED BY: Ricardo Ramos, P.E.

DATE: November 13, 2008

SUMMARY SHEET

TOTALS AT BID OPENING

BID REJECTEDllAS€-IlID $ 1,6~7,377.Q9 $ ~6B,~~Q.Q9 =

TQT"b AggITI"e illgS (1 ~ 19 O~Ib'f) $ B3,Q9~.33 $ (36,39~.67) ~

$ 1,730,471.42

SLC CONSTRUCTION, L.P,BASE BID $ 1,608,721.92 $ 429,784.92 36.46%

TOTAL ADDITIVE BIDS (14-19 ONLY) $ 114,318.78 $ (5,170.22) -4.33%$ 1,723,040.70

BASE BID $ 1,625,039.00 $ 446,102.00 37.84%TOTAL ADDITIVE BIDS (14-19 ONLY) $ 121,792.00 $ 2,303.00 1.93%

$ 1,746,831.00

USTIN ENGINEERING CO" INC,BASE BID $ 679,378.00 57.63%

TOTAL ADDITIVE BIDS (14-19 ONLY) $ (22,588.80) -18.90%

TOTALS AFTER REVIEW BY ENGINEER

BID REJECTED1lASE-8lf} $ 1,6~7,377.99 $ ~e8,4~9,99 =

TOThb IIgglTIVE BigS (1 ~ 190Nb'f) $ 8g,99~.33 $ (gij,39U7) ~

$ 1,ng,~71.33

SLC CONSTRUCTION, L.P,BASE BID $ 1,608,721.92 $ 429,784.92 36.46%

TOTAL ADDITIVE BIDS (14-19 ONLY) $ 114,318.78 $ (5,170.22) -4.33%$ 1,723,040,70

HC HOLLWMAN CORPBASE BID $ 1,625,039.00 $ 446,102.00 37.84%

TOTAL ADDITIVE BIDS (14-19 ONLY) $ 121,792.00 $ 2,303.00 1.93%$ 1,748,831,00

AUSTIN ENGINEERING CO" INC.BASE BID $ 1,858,315.00 $ 679,378.00 57.63%

TOTAL ADDITIVE BIDS (14-19 ONLY) $ 96,900.20 $ (22,588.80) -18.90%$ 1,955,215,20

Probable Construction Cost EstimateWork Order No. NADB-2 Penitas Waste Water Treatment Plant

ITHIS PROBABLE CONSTRUCTION COST ESTIMATEREPRESENTS OUR JUDGMENT AS PROFESSIONALSFAMlUAR WITH THE CONSTRUCTION INDUSTRY. WE CANNOT AND DO NOT GUARANTEE THAT BIDS BID #1 BID #2 BID #5,WILL NOT VARY FROM THIS ESTIMATE. THIS ESTlMATE IS BASED ON 2007 DOLLARS. LEYENDECKER SLC CONSTRUCTION, AUSTIN ENGINEERING

CONSTRUCTION, INC. L.P. CO. INC.Unit Total Unit Total Unit Total nit otal nit Total nit Total

Item Desttlptlon Quantity Unit Price Cost Price Cost Price Cost Price Cost Price Cost Price Cost

1 SW3P 1 LS $ 8,000,00 $ 8,000 $ 1,377.20 $ 1,37720 $ 26,200.00 $ 26,200.00 $ 3,321.23 $ 3,321.23 $ 3,175.00 $ 3,175.00 $ 5,000.00 $ 5,000.002 Earthworks 1 LS $ 25,000,00 $ 25,000 $ 80,125.50 $ 80,125.50 $ 78,600.00 $ 78,600.00 $ 72,921.00 $ 72,921.00 $ 79,856.00 $ 79,856.00 $ 35,000.00 $ 35,000.003 E1edrical 1 LS $ 134,000.00 $ 134,000 $ 219,100.00 $ 219,100.00 $ 294,750.00 $ 294,750.00 $110,439.90 $ 110,439.90 $ 210,078.00 $ 210,078.00 $ 330,000.00 $ 330,000.004 Mechanical I LS $ 95,000.00 $ 95,000 $ 231,620.00 $ 231,620.00 $ 176,850.00 $ 176,850,00 $ 213,191.40 $ 213,191.40 $ 249,626.00 $ 249,626.00 $ 320,000,00 $ 320,000.005 Stmctura1 Concrete I LS $ 347,725 $ 347,725 $431,188.70 $ 431,188.70 $ 248,900.00 $ 248,900.00 $ 377,571.60 $ 377,571.60 $ 412,950.00 $ 412,950.00 $ 640,000.00 $ 640,000.006 Clarifier Equipment I LS $ 100,000 $ 100,000 $ 62,600.00 $ 62,600,00 $ 209,600.00 $ 209.600.00 $ 49,050.00 $ 49,050.00 $ 150,992.00 $ 150,992.00 $ 300,000.00 $ 300,000.007 Aeration Equpment and Controls 1 LS $ 225,000 $ 225,000 $512,068.00 $ 512,068,00 $ 209,600.00 $ 209,600.00 $ 369,934.00 $ 369,934.00 $ 324,405.00 $ 324,405.00 $100,000.00 $ 100,000.008 Chlorination System and Controls 1 LS $ 23,000 $ 23,000 $ 31,300.00 $ 31,300.00 $ 54,400,00 $ 52,400.00 $ 24,879,25 $ 24,879.25 $ 71,924.00 $ 71,924.00 $ 51,000.00 $ 51,000.009 Headwork Screen and Controls 1 LS $ 125,000 $ 125,000 $ $ $144,100.00 $ 144,100.00 $ 8,175.00 $ 8,175.00 $ 31,538.00 $ 31,538.00 $ 11,000.00 $ 11,000.0010 8-inch PVC C900 Effluent Line 2,418 LF $ 34 $ 82,212 $ 72,050.60 $ 31.44 $ 76,021.92 $ 43.45 $ 105,062.10 $ 24,00 $ 58,032.00 $ 17.50 $ 42,315.0011 Effluent Headworks 1 LS $ 6,000 $ 6,000 $ 5,947.00 $ 5,947.00 $ 45,850.00 $ 45,850.00 $ 5,450.00 $ 5,450.00 $ 2,783.00 $ 2,783.00 $ 8,000.00 $ 8,000.0012 Water Plant Pump Station wi piping 1 EA $ 8,000 $ 8,000 $ $ $ 45,850,00 $ 45,850.00 $ 13,080.00 $ 13,080.00 $ 29,680.00 $ 29,680.00 $ 16,000.00 $ 16,000.00

TOTALBASEBID $ 1,178,937 $ 1,647,377.00 I I $ 1,608,721.92 I I $ 1,353,075.48 I I $ 1,625,039,00 I I $ 1,858,315.00

ADDrTIVE roD ITEMS-H bl"';ft biftl, FeR,. EO,;", 1',.... , .." ~ f.l' ~$ 13+,190 ~, 99;920.0S --, 120,72+.20 ~$ 100,606.00 ~$ 111,'2S.00 ~$ 9'rS.IS14 Chain Link Fence (bmer Perimeter) 693 LF $ 30.00 $ 20,790 $ 21.91 $ 15,183.63 $ 37.99 $ 26,327.07 $ 22.00 $ 15,246.00 $ 25.00 $ 17,325.00 $ 30.00 $ 20,790.0015 Barbed Wire Fence (Ourer Perimeter) 4,573 LF $ 15.00 $ 68,595 $ 8.89 $ 40,653.97 $ 10.89 $ 49,799.97 $ 4.50 $ 20,578.50 $ 8.00 $ 36,584.00 $ 10,00 $ 45,730.0016 Concrete Driveway I LS $ 3,800.00 $ 3,800 $ 3,380.40 $ 3,380,40 $ 6,550.00 $ 6,550.00 $ 6,000.00 $ 6,000.00 $ 9,739.00 $ 9,739.00 $ 4,000.00 $ 4,000.0017 Caliche Access Road 1 LS $ 13,376.00 $ 13,376 $ 14,573.28 $ 14,573,28 $ 15,720.00 $ 15,720,00 $ 4,180.00 $ 4,180.00 $ 14,423.00 $ 14,423.00 $ 20.00 $ 20.0018 4-Iuch Conerete Sidewalk 2,071 SF $ 4.00 $ 8,284 $ 3.44 $ 7,124,24 $ 5,24 $ 10,852.04 $ 3.50 $ 7,248.50 $ 17.00 $ 35,207.00 $ 10.00 $ 20,710.0019 6" Sludge Loading StaUon Conerere Slab 387 SF $ 12.00 $ 4,644 $ 5,63 $ 2,178.81 $ 13.10 $ 5,069.70 $ 4.50 $ 1,741.50 $ 22,00 $ 8,514.00 $ 14.60 $ 5,650.20;;0 Roes!" e.(aa 'aaeR oj, <,:> $ $--- $--- ~$ 1,210.00 ~$ 8,;00.00 ~$ l,m.OO ~$ oO,OOO.QQ

TOTAL ADDITIVE BIDS (14-19 ONLY) $ 119,489.00 $ 83,094.33 $ 114,318.78 $ 54,994.50 $ 121,792.00 $ 96,900.20

ITOTAL COST INCLUDING ADDITIVE BID ITEMS (14 - 19) $ 1,298,426.00 I r: $ 1,730,471.33 $ 1,723,040.70 $ 1,408,069.98 $ 1,746,831.00 $ 1,955,215.20 I


DATE: SUBJECT: MOTIONConsideration for acceptance, final payment and release of retainage in the amount

12/1/08 of $232,322.96 to QROMEX Construction, Inc. for the construction of the 24 inchWater Transmission Main along Del Mar from McPherson north of Del Mar to Loop 20and Del Mar; with the exception ofthe bore at the intersection of Loop 20 and San IsidroParkway and the calibration of the pressure reducing valves, due to the lack of acquisitionof the easements necessary to construct the bore. The contractor depends on theimprovements ofthe Booster Station at MHOC to calibrate the pressure reducing valves.The pending items to complete the contract total $113,840.00 and will be released at thetime of completion. Funding for final payment and release of retainage are in the 2006Utility Revenue Bond.

INITIATED BY:Jesus M. Olivares, Assistant City Manager

STAFF SOURCE: Tilt?../-:;Y"""Tomas M. Rodriguez Jr., P.E., Utilities Director

PREVIOUS COUNCIL ACTION: Engineering Contract awarded to Crane Engineering on3/19/07, Construction Contract awarded to QRO-MEX on 6/4/07; approved change order #1 on12/17/07. Aooroved change order #2 on 6/2/08. Aooroved change order #3 on 11/17/08.

BACKGROUND SUBJECT: MOTIONThe transmission main will provide adequate pressure to the north-east area of Laredo including fillingthe new 2.0 million gallon elevated storage.This project is not 100% complete by QROMEX, but due to the lack of acquisition of easements bythe City of Laredo and that the contractor depends on the improvements of the Booster Station atMHOC to calibrate the pressure reducing valves, the contractor has requested to split the project intwo phases; phase "B" will be the work completed until now, and phase "C" will be the pending itemsthat consists of a bore under Loop 20 and Winfield Parkway and the calibration of the pressurereducing valves. Staff agrees to the request and proposed to accept the project, provide the finalpayment and release retainage for phase "B". Attached is the final pay application for phase "B" ofthis project. We will provide the contractor a "Notice to Proceed" for phase "C" of the project as soonas the City of Laredo acquires the easements and the project for improvements of the Booster stationare complete. The new contract time for the Phase "C" will be 30 calendar days from the notice toproceed.

- Original Contract $2,576,511.50- Change Order #1.. $ 520,551.00- Change Order #2 (decreased) ($ 133,552.78)- Change Order #3 $ 51 ,166.16

Deduct Phase "C"Phase "B" contract

Total $3,014,675.88$ 113,840.00$2,900,835.88

270 days120 days

odays60 days

450 days30 days from notice to proceed

450 days

FINANCIAL IMPACT:Funding is available in the 2006 Utility Bond, MHOC/McPherson Transmission Line (557-4183-5380199)

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:N/A To accept motion.

QRO MEX CONSTRUCTION CO., INC.P.O. Box 2608

Granite Shoals, TX;l8654PH: 830-598-2268; FX: 830-596-2601

November 11,2008

City of Laredo, Utilities DepartmentAttn: Mr. Humbe110 Serradell5816 DaugheliyLaredo, Texas 78041

RE: 24" Water Transmission Main from McPhersonlDel Mar to Del Mar/Loop 20 Tie-In,Phase B

Mr. Serradell,

Qro Mex Construction Co. Inc. is requesting that the City of Laredo consider changing thecontract stated above by adding Phase "C" (list of items attached) and treat it as a differentproject, since easements have not been obtained for this part and the 24" waterline has been in usesince April, 2008.

In addition we would like to request that the retainage for Phase B (Invoice attached) of thisproject be released so that we can close out bonding for the major part that has been completed.

We would like to thank you in advance in for assisting us with this matter. Please do not hesitateto call if you should have any questions.

Regar~sr} IJ ~

~ /4JhO

City Of Laredo 24" Water Main Phase C

Qro Mex Construction Co.,lnc.2801 Prairie Creek RoadGraite Shoals, TX 78654

12" Water Main at Loop 20 Phase C

Pay Application

Date:

Completed Bid

AmountItem CompletedNo.# Description Quantity Unit Unit Cost Bid Amount This Period

COl Add Pollution Prevention(PENDING) 1 LS $ 2,500.00 $ 2,500.00 $ -Cal Add 12" C-900 DR 18 Waterline(PENDING) 80 Lf $ 42.00 $ 3,360.00 $ -COl Add 12" Gate Valve with Concrete Collar(PEl' 2 EA $ 1,650.00 $ 3,300.00 $ -COl Add 12" Tee(PENDING) 1 EA $ 1,100.00 $ 1,100.00 $ -Cal Add 12" Cap(PENDING) 1 EA $ 450.00 $ 450.00 $ -Cal Add 80 If ofTrench Protection(PENDING) 80 If $ 2.50 $ 200.00 $ -Cal Add Traffic Control(PENDING) 1 Is $ 4,500.00 $ 4,500.00 $ -Cal Add Silt Fence(PENDING) 60 LF $ 1.50 $ 90.00 $ -Cal Add 20" Jack and Bore(PENDING) 195 If $ 370.00 $ 72,150.00 $ -Cal Add Bore Pit(PENDING) 1 Ea $ 6,500.00 $ 6,500.00 $ -Cal Add 12" Wet Connection (PENDING) 1 Ea $ 10,500.00 $ 10,500.00 $ -Cal Add Tie into existing watermain(PENDING) 1 Ea $ 3,850.00 $ 3,850.00 $ -COl Add 12" C-900 DR 18 Waterline(PENDING) 120 If $ 42.00 $ 5,040.00 $ -CO2 Add 120 If of trench protection 120 If $ 2.50 $ 300.00 $ -

TOTAL $ 113,840.00 $

APPLICATION AND CERTIFICATE FOR PAYMENT PAGE 1 OF 2 PAGES

CONTRACTOR'S APPLICATION FOR PAYMENTCHANGE ORDER SUMMARYChange Orders approved in ADDITIONS DEDUCTIONS

previous months by Owner All Change Orders All Change Orders

TOTAL

Approved this Month

Number Date Approved

C01 11/29/2007 $ 520,551.00

CO2 5/20/2008 $ 483,647.72 $ 617,200.50

C03 $ 116,451.51 $ 65,285.35

FieldNerbal aggref 10/2912008 $ 113,840.00

ITOTALS $ 1,120,650.23 $ 796,325.85

Net change by Change Orders $ 324,324.38

Application is made for Payment, as shown below, in connection with the ContractContinuation Sheet, AlA Document G703, is attached

1. Original Contract Sum......................................................... $ 2,576,511.50

2. Net change by Change Orders.................................................... $ 324,324.38

3. CONTRACT SUM TO DATE (Line 1 + 2)........................................ $ 2,900,835.88

4. TOTAL COMPLETED & STORED TO DATE $ 2,900,835.88

Total Retainage $

Distribution to:OWNER

ENGINEER

CONTRACTOR

12 Final10131/2008

31-0ct-08

PROJECT NO:

APPLICATION NO:APPLICATION DATE:

PERIODIO:

CONTRACT DATE: 270 Calender DaysStart Date July 21.2007 17-Apr.08

5. RETAINAGE:

a. 5% of Completed Work &...:S...:to;.;.re...:d.:....:,M...:a...:te;.;.ri...:a.;..1 _

24"WaterTransmission Main

From McPhersonIDel Mar

To Del Mar/Loop 20 Tie-in - Phase B

VIA (Engineer):

PROJECT:

Crane Engineering

Eddie Garza

5810 San Bernando Ave Ste 380

Laredo, Texas 78041 956-712-1996 fax 2378

TO (OWNER):City of Laredo

FROM (CONTRACTOR):Oro Mex Construction Co.,lnc.2801 Prairie Creek RoadGranite Shoals, TX 78654

CONTRACT FOR:

,2008

Date:.::;::-::-::--;-----:-:-.------

day of AJ tJ if .e.fVt.~

AMOUNT CERTIFIED : .(Attach explanation if amount certified differs from the amount applied for.)

Engineer:

By:

This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the

Contractor named herein. Issuance, payment and acceptance of payment are· without

prejUdice to any rights of the Owner or Contractor under this Contract.

6~Granite Shoals TX 78654

ENGINEER'S CERTIFICATE FOR PAYMENTIn accordance with the Contract Documents, based on on-site observations and the

data comprising the above application, the Engineer certifies to the Owner that to the

best of the Engineer's knowledge, information and belief,the Work has progressed as

indicated, the quality of the Work is in accordance with the Contract Documents, and

Contractor is entitled to payment of the AMOUNT CERTIFIED.

By:

6. TOTAL EARNED LESS RETAINAGE $ 2,900,835.88The undersigned Contractor certifies that to the best of the Contractor's knowledge, (Line 4 less Line 5 Total)

information and belief the Work covered by this Application for Payment has been 7. LESS PREVIOUS CERTIFICATES FOR

completed in accordance with the Contract Documents, that all amounts have been PAYMENT (Line 6 from prior Certificate)........................ $ 2,668,512.92

paid by the Contractor for Work for which previous Certificates for Payment were 8. CURRENT PAYMENT DUE $ 232,322.96

issued and payments received from the Owner, and that current payment Sh~'" g = ; !!!! ,',gilll[ j@I il!!f " B! ::z 1 $ 0.00. .!I.,'\\~~~::',t1.

herein .s now due. '~~9<~.. ·.~r~

i~: : ~~~. ..c.,~

CONTRACTOR: Qro Mex Construction...co., I~. r"\ n 'I ~,-::;;,;,;.~~ol'P.O. Box 2608 [ \ II / I J "/JII'"

City Of Lar~do 24" Water MainFrom McPhersonlDel MarTo Del MarlLoop 20 Tie-in - Phase B

Qro Mex Construction Co.,lnc.2801 Prairie Creek RoadGraite Shoals, TX 78654

Pay Application

Date:

Completed Bid

#12 Final

10/31/2008

Amount AmountItem Completec Completed Comple1 CompletedNo.# Description Quantit~ Unit Unit Cost Bid Amount this Perioc This Period To Date To Date

1 24" C-905 DR 18 WATERLINE (NIGHT) 2100 LF $ 142.00 $ 298,200.00 $ - 2,100 $ 298,200.00

2 24" C-905 DR 18 WATERLINE 10320 LF $ 130.00 $ 1,341,600.00 $ - 10320 $ 1,341,600.00

3 24" BUTTERFLY VALVE 7 EA $ 4,500.00 $ 31,500.00 $ - 7 $ 31,500.00

4 FIRE HYDRANT ASSEMBLY 7 EA $ 5,500.00 $ 38,500.00 $ - 7 $ 38,500.00

5 24" BEND 7 EA $ 2,650.00 $ 18,550.00 $ - 7 $ 18,550.00

6 24" TEE 1 EA $ 2,750.00 $ 2,750.00 $ - 1 $ 2,750.00

7 24" CAP 1 EA $ 800.00 $ 800.00 $ - 1 $ 800.00

8 REMOVEfREPLACE CONCRETE DRIVEWAY 3900 SF $ 9.00 $ 35,100.00 $ - 3900 $ 35,100.00

9 TRENCH PROTECTION 12420 LF $ 2.00 $ 24,840.00 $ - 12420 $ 24,840.00

10 TRAFFIC CONTROL 1 LS $ 45,000.00 $ 45,000.00 $ - 1 $ 45,000.00

11 REMOVEfREPLACE ASPHALT AND BASE 6955 SY $ 22.00 $ 153,010.00 $ - 6955 $ 153,010.00

18+20 TO 123+40 $ - $ - o $ -12 REMOVEfREPLACE ASPHALT AND BASE 2750 SY $ 22.00 $ 60,500.00 $ - 2750 $ 60,500.00

0+48 TO 18+20 $ - $ -13 SUBGRADE PREPARATION -7287.50 10125 SY $ 2.50 $ 25,312.50 7287.5 $ 18,218.75 10125 $ 25,312.50

14 REVEGETATION 250 SY $ 20.00 $ 5,000.00 $ - 250 $ 5,000.00

15 TIE INTO EXISTING WATER LINE 2 EA $ 2,000.00 $ 4,000.00 2 $ 4,000.00 2 $ 4,000.00

16 CONCRETE ENCASEMENT 150 LF $ 65.00 $ 9,750.00 50 $ 3,250.00 150 $ 9,750.00

17 REMOVEfREPLACE SIDEWALK 5300 SF $ 7.50 $ 39,750.00 $ - 5300 $ 39,750.00

18 REMOVEfREPLACE CURB 925 LF $ 19.00 $ 17,575.00 $ - 925 $ 17,575.00

19 SILT FENCE 300 LF $ 2.00 $ 600.00 95 $ 190.00 300 $ 600.00

20 36" JACK AND BORE 250 LF $ 468.00 $ 117,000.00 $ - 250 $ 117,000.00

21 BORE PIT RE-ESTABLISHING GRADE 3 EA $ 5,500.00 $ 16,500.00 $ - 3 $ 16,500.00

22 8' SIDEWALK 2100 SF $ 7.00 $ 14,700.00 $ - 2100 $ 14,700.0023 ADA RAMPS 400 SF $ 15.00 $ 6,000.00 400 $ 6,000.00 400 $ 6,000.0024 TYPE A CURB 280 LF $ 17.50 $ 4,900.00 $ - 280 $ 4,900.0025 REMOVEIDISPOSE SIDEWALK 300 SF $ 6.00 $ 1,800.00 $ - 300 $ 1,800.0026 REMOVEIDISPOSE 24" RCP 45 LF $ 30.00 $ 1,350.00 $ - 45 $ 1,350.0027 REMPVEIDISPOSE SAFETY END TREATMENT 60 SF $ 7.00 $ 420.00 $ - 60 $ 420.0028 REOVEIDISPOSE CONCRETE DRIVEWAY 450 SF $ 14.00 $ 6,300.00 $ - 450 $ 6,300.0029 2"HMAC 1075 SY $ 8.00 $ 8,600.00 $ - 1075 $ 8,600.0030 6" ASPHALT STABILIZED BASE 1075 SY $ 33.00 $ 35,475.00 476 $ 15,708.00 1075 $ 35,475.0031 FILL DRAINAGE SWAL WI MATERIAL 100 CY $ 5.00 $ 500.00 $ - 100 $ 500.0032 ADJUST MANHOLE 1 EA $ 650.00 $ 650.00 $ - 1 $ 650.00..,..,

RELOCATE EXISTING FIRE HYDRANT 1 EA $ 1,850.00 $ 1,850.00 $ - 1 $ 1,850.00,),)

34 l' CONCRETE U CHANNEL 40 SF $ 20.00 $ 800.00 $ - 40 $ 800.0035 WATER SERVICE ADJUSTMENT 6 EA $ 950.00 $ 5,700.00 6 $ 5,700.00 6 $ 5,700.0036 SEWER SERVICE ADJUSTMENT 6 EA $ 1,100.00 $ 6,600.00 6 $ 6,600.00 6 $ 6,600.0037 WATER MAIN ADJUSTMENT 6 EA $ 3,500.00 $ 21,000.00 $ - 6 $ 21,000.0038 12" WET CONNECTION 24"X12" ANCHOR TEE 3 EA $ 4,500.00 $ 13,500.00 1 $ 4,500.00 3 $ 13,500.0039 12" PRESSURE REDUCING VALVE 3 EA $ 42,000.00 $ 126,000.00 $ - 3 $ 126,000.0040 REMOVEIREPLACE 5' VALLEY GUTTER 31 LF $ 9.00 $ 279.00 $ - 31 $ 279.0041 REMOVEIREPLACE ADA RAMPS 950 SF $ 15.00 $ 14,250.00 350 $ 5,250.00 950 $ 14,250.00

ALT#l DIGITAL MESSAGE SIGN 1 LS $ 20,000.00 $ 20,000.00 $ - 1 $ 20,000.00Cal AddFLOWABLE FILL AT STA 76+46 TO 80+50 359 CY $ 98.50 $ 35,361.50 $ - 359 $ 35,361.50Cal Add 7 -8" Pressure Reducing Valve 7 Ea $ 38,500.00 $ 269,500.00 2 $ 77,000.00 7 $ 269,500.00Cal Add Remove/Replace concrete sidewalk 800 SF $ 7.50 $ 6,000.00 $ - 800 $ 6,000.00COl Add Traffic management 4 Ea $ 1,000.00 $ 4,000.00 1 $ 1,000.00 4 $ 4,000.00Cal Add Tie In both sides of8" each PRY 4 Ea $ 3,000.00 $ 12,000.00 2 $ 6,000.00 4 $ 12,000.00Cal Add Pollution Prevention 3 LS $ 2,500.00 $ 7,500.00 $ - 3 $ 7,500.00COl Add 8" Gate Valves 7 Ea $ 998.50 $ 6,989.50 1 $ 998.50 7 $ 6,989.50COl Add 12" PRY 1 Ea $ 42,000.00 $ 42,000.00 $ - 1 $ 42,000.00Cal Add Remove I Dispose AC Pipe 1 LS $ 10,000.00 $ 10,000.00 $ - 1 $ 10,000.00Cal Add Tie-In Both sides of 12" PRY 2 EA $ 7,500.00 $ 15,000.00 $ - 2 $ 15,000.00Cal. Add 12" Gate Valves 2 Ea $ 1,650.00 $ 3,300.00 $. - 2 $ 3,300.00C01 Add hydromulch 200 sy $ 2.00 $ 400.00 $ - 200 $ 400.00Cal Add tie In both sides of 8" each PRY 1 Ea $ 3,000.00 $ 3,000.00 $ - 1 $ 3,000.00CO2 DEDUCT 24" C-905 DR 18 WATERLINE (NIGHT) 2040 LF $ (142.00) $ (289,680.00) $ - 2,040 $ (289,680.00)CO2 ADD 24" C-905 DR 18 WATERLINE 2036 Lf $ 130.00 $ 264,680.00 $ - 2036 $ 264,680.00

CO2 DEDUCT Fire Hydrant 1 EA $ (5,500.00) $ (5,500.00) $ - 1 $ (5,500.0(CO2 DECUCT Remove Replace Concrete Driveway 3510 SF $ (9.00) $ (31,590.00) $ - 3510 $ (31,590.00CO2 Deduct RemovelReplace Asphalt and base at sta 18+20 to 6317.5 SY $ (22.00) $ (138,985.00) $ - 6317.5 $ (138,985.00CO2 Deduct remove/replace asphalt and base at 0+48 to 18+20 2750 SY $ (22.00) $ (60,500.00) $ - 2750 $ (60,500.00:CO2 Deduct 2 - 8" PRY's . 2 EA $ (38,500.00) $ (77,000.00) $ - 2 $ (77,000.00)CO2 Deduct remove/replace concrete sidewalk 800 sf $ (7.50) $ (6,000.00) $ - 800 $ (6,000.00)CO2 Deduct pollution Prevention 1 Is $ (2,500.00) $ (2,500.00) $ - 1 $ (2,500.00)CO2 Deduct 8" Gate Valves 3 Ea $ (998.50) $ (2,995.50) $ - 3 $ (2,995.50)CO2 Deduct 12" gate valve 1 ea $ (1,650.00) $ (1,650.00) $ - 1 $ (1,650.00)CO2 Deduct hydromulch 200 sy $ (2.00) $ (400.00) $ - 200 $ (400.00)CO2 Add Additional 7 foot in depth on bore pits labor and mate 1 LS $ 9,900.00 $ 9,900.00 $ - 1 $ 9,900.00CO2 Add 2" Connections at rerouting East of Loop 20 2 EA $ 250.00 $ 500.00 $ - 2 $ 500.00CO2 Add Rerouting, Maintaining, and restoring back in plac 1 LS $ 3,000.00 $ 3,000.00 $ - I $ 3,000.00CO2 Add 8" Connections (force main) East ofLoop 20 2 EA $ 500.00 $ 1,000.00 $ - 2 $ 1,000.00CO2 Add Remove and replace 8" force main East of Loop 20 52 LF $ 38.47 $ 2,000.44 $ - 52 $ 2,000.44CO2 Add 2" Air release Valve at Del Mar and Loop 20 Through 6 Ea $ 4,750.00 $ 28,500.00 $ - 6 $ 28,500.00CO2 Add Tie in at Del Mar and Loop 20 1 LS $ 7,500.00 $ 7,500.00 $ - 1 $ 7,500.00CO2 Add Tie in at Sta 60+00 (Gold's Gym) 1 LS $ 2,650.00 $ 2,650.00 $ - 1 $ 2,650.00CO2 Add Tie In at Sta 50+00 (EOG) Line 1 LS $ 2,650.00 $ 2,650.00 $ - 1 $ 2,650.00CO2 Add Rerouting 4" force main on West Side ofLoop 20 1 LS $ 1,500.00 $ 1,500.00 $ - 1 $ 1,500.00CO2 Add 12" Connection - to remove and place back same man! 1 LS $ 500.00 $ 500.00 $ - 1 $ 500.00CO2 Add tap to remove line, cap and encase 12"X6" tapping te€ 1 EA $ 1,000.00 $ 1,000.00 $ - 1 $ 1,000.00

CO2 Add Additional Jack and Bore at Golds Gym - East Countr 60 LF $ 468.00 $ 28,080.00 $ - 60 $ 28,080.00CO2 Add 24" Bends 11 EA $ 2,650.00 $ 29,150.00 $ - 11 $ 29,150.00CO2 Add Connection due to conflict with center point and SWB 1 LS $ 2,650.00 $ 2,650.00 $ - 1 $ 2,650.00

CO2 Add Tie ins at Sta 39+00 (Damaged 24" line by City Crew) 2 Ea $ 3,000.00 $ 6,000.00 $ - 2 $ 6,000.00

CO2 Add 24" PVC Re-layed at at Sta 39+00 (Damaged by City ( 15 LF $ 130.00 $ 1,950.00 $ - 15 $ 1,950.00

CO2 Add Caliche Base 2 Loads for the 15' ofre-layed 24" pipe 2 EA $ 400.00 $ 800.00 $ - 2 $ 800.00

CO2 Add Additional Flowable fill 326.4 CY $ 98.50 $ 32,150.40 $ - 326.4 $ 32,150.40

CO2 Add Type D aspahalt fma1 paving McPherson and del Mar 2415.86 SY $ 8.00 $ 19,326.88 $ - 2415.86 $ 19,326.88

CO2 Add Tie-In at McPherson 24X24 1 LS $ 18,870.00 $ 18,870.00 $ - 1 $ 18,870.00

CO2 Add 12" Gate Valves at Widfield 2 EA $ 1,650.00 $ 3,300.00 $ - 2 $ 3,300.00

CO2 Add 24" Butterfly Valve 1 EA $ ·4,500.00 $ 4,500.00 $ - 1 $ 4,500.00

CO2 add 24" Tee lEA $ 2,750.00 $ 2,750.00 $ - 1 $ 2,750.00

C03 DEDUCT - SUBGRADE PREPARATION 7287.5 SY (2.50) (18,218.75) 7287.5 ($18,218.75) 7287.5 ($18,218.75)

C03 DEDUCT - TIE INTO EXISTING WATER LINE 2 EA (2,000.00) (4,000.00) 2 ($4,000.00) 2 ($4,000.00)

C03 DEDUCT-CONCRETE ENCASEMENT 50 LF (65.00) (3,250.00) 50 ($3,250.00) 50 ($3,250.00)C03 DEDUCT - SILT FENCE 95 LF (2.00) (190.00) 95 ($190.00) 95 ($190.00)cm DEDUCT - WATER SERVICE ADJUSTMENT 6 EA (950.00) (5,700.00) 6 ($5,700.00) 6 ($5,700.00)C03 DEDUCT - SEWER SERVICE ADJUSTMENT 6 EA (1,100.00) (6,600.00) 6 ($6,600.00) 6 ($6,600.00)C03 DEDUCT - REMOVEIREPLACE ADA RAMPS 808 SF (15.00) (12,120.00) 808 ($12,120.00) 808 ($12,120.00)C03 DEDUCT - Add Traffic management 1 Ea (1,000.00) (1,000.00) 1 ($1,000.00) 1 ($1,000.00)C03 DEDUCT- 8" Gate Va1ves-1 1 Ea (998.00) (998.00) 1 ($998.00) 1 ($998.00)C03 DEDUCT - 36" Jack and Bore 25 If (468.00) (11,700.00) 25 ($11,700.00) 25 ($11,700.00)C03 deduct remove and replace curb 79.4 sf (19.00) (1,508.60) 79.4 ($1,508.60) 79.4 ($1,508.60)C03 ADD - Remove / Replace Concrete Driveway 2202.59 Sf $ 9.00 $ 19,823.31 2202.59 $ 19,823.31 2202.59 $ 19,823.31C03 ADD - Remove / Replace Sidewalk 1162.33 SF $ 7.50 $ 8,717.48 1162.33 $ 8,717.48 1162.33 $ 8,717.48C03 ADD-2"HMAC 1602 SY $ 8.00 $ 12,816.00 1602 $ 12,816.00 1602 $ 12,816.00C03 ADD - 6" Asphalt Stabilized Base 1344 SY $ 33.00 $ 44,352.00 1344 $ 44,352.00 1344 $ 44,352.00C03 ADD - Adjust Manhole 2EA $ 650.00 $ 1,300.00 2 $ 1,300.00 2 $ 1,300.00C03 ADD - Remove /Replace 5' Valley Gutter 41 Lf $ 9.00 $ 369.00 41 $ 369.00 41 $ 369.00C03 ADD - 36" Jack and Bore 25 If $ 468.00 $ 11,700.00 25 $ 11,700.00 25 $ 11,700.00C03 ADD - Over excavate and haul off 906 Sy $ 5.62 $ 5,091.72 906 $ 5,091.72 906 $ 5,091.72C03 ADD - Prepare Subgrade and Installation of Selected mate 906 Sy $ 5.00 $ 4,530.00 906 $ 4,530.00 906 $ 4,530.00C03 ADD - Install Geogrid BX 1100 complete in place 8160 Sf $ 0.95 $ 7,752.00 8160 $ 7,752.00 8160 $ 7,752.00

TOTAL $ 2,900,835.88 $ 205,581.41 $ 2,900,835.88

Completed to date $ 2,900,835.88Materials On Hand $Total Materials & Labor $ 2,900,835.88Less RetainageTotal less Retainage $ 2,900,835.88Previously Submitted Estimate $ 2,668,512.92Amount Owed This Estimate $ 232,322.96

CONTRACTOR'S APPLICATION FOR PAYMENT FORM

12 FinalPROJECT: City of Laredo 24" Water Transmission mainFrom McPherson/Del Mar to Del Mar/Loop20 Tie-In-Phase B

Estimate#--------From:To: 10/31/08--------

Original Amount: $ 2,576,511.50 Total Amt. to-Date: $Change Orders: $ 324,324.38 Materials on Hand; $

% Retainage: $Total to Date: $ 2,900,835.88 Previous Payments $

% Completed 100.00% Amount Due: $

4,900,835.88

2,668,512.92232,322.96

CERTIFICATE OF CONTRACTOR:I Certify that all items and amounts shown on this request for partial payment are correct, and that all

work has been performed and / or materials supplied in full in accordance with the requirements of thecontract documents:

QRO MEX construction Co., Inc. By: Mo'({j) RV~({) \/lct'ft$90hvT- {Ohl to ,,_Type Name/Title Date '

CERTIFICATE OF FIELD REPRESENTATIVE:I have checked this request for partial payment against the notes and reports of my inspections of theproject and in my opinion, the statement of work performed and/or materials supplied is accurate and thatthe contractor is observing the requirements of the contract documents.

Armando Rueda / Inspector Date

CERTIFICATE OF ENGINEER:

I certify that I have checked and verified the above and foregoing request for partial payment and that it isa true and correct statement of work performed and/or materials supplied by the contractor and that thesame has been performed and/or supplied in full accordance with the requirements of the contractdocuments.

CRANE ENGINEERING CORP. BY:Edward D. Garza, P.E. Date

RECOMMENDED FOR PAYMENT:

Humberto Sen'adell, Jr. EITUtilities Engineering Associate IICity of Laredo Utility Department

APPROVED (IF APPLICABLE):

Tomas M. Rodriguez, Jr., P.E.Utilities DirectorCity of Laredo Utility Depat1ment


DATE: SUBJECT: MOTIONConsideration to accept change order #3 from Landmark Structures I, LP to

12/15/08 furnish and install 316 SS tubing from 1-1/2 tap on tank bowl to pressuretransmitter located near ground level at the Cuatro Vientos Elevated Storage Tankfor an increase of $3,358.43. The final contract amount would be $2,553,106.43.Funding is available in the Water Construction Fund.

INITIATED BY: STAFF SOURCE:Jesus Olivares Asst. City Manager Tomas M. Rodriguez Jr.,P£. Utilities Director

PREVIOUS COUNCIL ACTION: City council awarded the bid to Landmark StructuresInc., Fort Worth on 06/04/07 in the amount of $ 2,477,659.00, change order #1 on May 05,2008 and change order #2 on October 06,2008.

BACKGROUND: The Cuatro Vientos 2.0 Million Gallon Elevated Storage Tank Projectconsists of constructing an elevated storage tank approximately 1,000 feet north of La PitaMagana Road and 2,500 feet east ofHwy 83. The 2.0 Million Gallon Elevated Storage Tankwill provide adequate pressure to the immediate area and will provide the adequate waterstorage capacity for the summer peak demand. The construction time is 435 calendar days.

Change order NO.2 consists of furnishing and installing 316SS tubing from 1-1/2 tap on tankbowl to pressure transmitter located near ground level.

Original Contract $ 2,477,659 400 calendar daysChange Order # 1 55,589 21 calendar daysChange Order # 2 16,500 14 calendar daysChanQe Order # 3 $ 3,358.43 ocalendar days

Total $ 2,553,106.43 435 calendar days

FINANCIAL IMPACT:Funding is available in Water Construction fund; Quarto Vientos Elevated Tank, Acct. # 557-4150-538.0336

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:N/A To approve motion

System Controls &Instrumentation, Ltd112181H 10 East - Converse TX 78109

Phone: 210·666·8628 Fax: 210-666-5575

1108 Quail Hollow Loop - Laredo, TX 78045Phone: 956-726-1774 Fax: 956-725-1259

TO Brothers Electric

Proposal ProjectSierra Vista EST

ATTN Allen BrownDATE 10/23/08

I SUBJECT I Pressure Transmitter Tap

SCI is pleased to provide the following proposal for the above referenced project:

• Furnish and Install 316SS tubing from 1 %" tap on tank bowl to pressure transmitter located near ground level

Total Cost

Excludes Fees and Permits

Maximum 5 day lead time on materials

Proposal is valid until 11/30108

Mark Nelson, Project ManagerSystem Controls & Instrumentation

$3358.43

DATE:

12-1-08


SUBJECT: MOTIONConsideration for approval ofamendment no. 1 for an amount of$176,681.20 to the engineeringcontract with Gilpin Engineering Company, Laredo, Texas for design and preparation ofplans andspecifications for the North Central Park Project Phase IB - San Isidro South Area (Main Pond) andPhase 1C - San Isidro North Area (North ofParkway.) NE Contract to date is $372,681.20.Funding is available in North Central Park Project.


STAFF SOURCE:Rogelio Rivera, P.E., City EngineerMiguel Pescador,Parks and Leisure Services Department Director

PREVIOUS COUNCIL ACTION:On May 15,2006, City Council approved award of an engineering services contract for the North Central Park toGilpin Engineering Company, Laredo, Texas

BACKGROUND:

The scope ofwork for amendment no. I is:To provide engineering and surveying services necessary to produce construction plans and specifications as wellas to accomplish construction phase staking and as..builts ofasphalt pathways and path area lighting consistent withapproved path and lighting design utilized in construction plans for:

Phase IB $75,509.80Phase Ie $101,171.40Total amount of $176,681.20

Original contract amount is $196,000.00Amendment no. I $176,681.20NE Contract to date $372,681.20

NE contract time is 60 to 90 days.

FINANCIAL IMPACT:Funding is available in the North Central Park ProjectAccount No. 461-9822-535-4247


STAFF RECOMMENDATION:Approval ofMotion.

DATE:

12-01-08


SUBJECT: EXECUTIVE SESSIONRequest for executive session pursuant to Section 551.071(1)(A) of the TexasGovernment Code to consult with City Attorney regarding the demolition of the"Bruni-Vergara" structure located at 801 Hidalgo Street within the City of LaredoHistorical District; and return to open session for possible action.

INITIATED BY:Carlos VillarrealCity Manager

STAFF SOURCE:Raul CassoCity Attorney

PREVIOUS ACTION:None.

BACKGROUND:None.

FINANCIAL:

None.

RECOMMENDATION:

None.


None.

CITY COUNCIL MEETING AS LAREDO MASS TRANSIT BOARD COMMUNICATIONDATE:

12-01-08SUBJECT: MOTIONConsideration to authorize the purchase of one Chevrolet 1500 Suburban and two2009 Chevrolet Impalas LS in the total amount of $73,881.00.00, from CaldwellCountry Chevrolet, Caldwell, Texas, through the Houston Galveston Area Council ofGovernments (HGAC) cooperative purchasing program. Funding is available in theTransit Sales Tax Fund.



STAFF SOURCE:Feliciano Garcia, LTMI General ManagerFrancisco Meza, Purchasing Agent

BACKGROUND: The Laredo Transit Management Inc. has been authorized to purchase oneSuburban and two Chevrolet Impala vehicles. These vehicles will be acquired utilizing Transit SystemSales Tax funds. Delivery is expected within 60-90 days after receipt oforder.

Caldwell Country Chevrolet2009 1500 Suburban2009 Chevrolet ImpalaH-GACfees(

Otv.121

Unit Price$35,767.00$ 18,758.00

Total Cost$35,767.00$37,514.00

$600.00$73,881.00

FINANCIAL IMPACT:These vehicles will be purchased using account number 518-5162-565-9004/Machinery & EquipmentAutomotive.

COMMITTEE RECOMMENDATION:n/a

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

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