CITY OF LAREDO CITY COUNCIL MEETING A-2009-R-06 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS 78040 April 6, 2009 5:30 P.M.
DISABILITY ACCESS STATEMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aid or services are requested to contact Gustavo Guevara, City Secretary at (956) 791-7308 at least two working days prior to the meeting so that appropriate arrangements can be made. The accessible entrance and accessible parking spaces are located at City Hall, 1100 Victoria Ave.
Out of consideration for all attendees of the City Council meetings, please turn off all cellular phones and pagers, or place on inaudible signal. Thank you for your consideration.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MINUTES
Approval of the minutes of March 16, 2009.
V. COMMUNICATIONS AND RECOGNITIONS
Recognitions a. Recognizing Eloy Vega, City of Laredo Fire Department Public Information Officer, for his heroic CPR response to a 4 year old boy found unconscious in a pool Thursday, March 26, 2009. CPR training is of up most importance in everyone lives.
b. Recognizing the First United Methodist Church of McKinney, Texas for their volunteer work and re-construction of a fence along Ejido St. in South Laredo.
Citizen comments Citizens are required to fill out a witness card and identify themselves at the microphone. Comments should be relevant to City business and delivered in a professional manner. No derogatory remarks will be permitted. There is a time limit of three minutes per speaker.
VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES a. Appointment by Council Member Juan Narvaez of Juan Cue to the Telecommunications Advisory Committee.
b. Appointment by Council Member Juan Narvaez of San Juanita Martinez Hunter to the Historical/ Landmark Board.
c. Appointment by Council Member Johnny Rendon of Joe Martinez to the Telecommunications Advisory Committee.
VII. PUBLIC HEARING
1. Public hearing and introductory ordinance authorizing the City Manager to accept FY 2009 Federal Planning Funds (PL112) in the amount of $8,429.00 and amending the City of Laredo’s FY 2009 General Fund Budget to match PL112’s budget by increasing revenues by $8,429.00 and expenditures by $8,429.00. The PL112 funds come from the 2008-2009 approved Unified Planning Work Program (UPWP).(Approved by the Operations Committee and Finance Committee)
2. Public hearing and introductory ordinance authorizing the City Manager to amend the FY 2008-2009 Transit Capital Grants Budget in the amount of $1,155,995.00 by appropriating capital funds from the Texas Department of Transportation Vehicle Capital Replacement Grant No. VCR0902(22)042 in the amount of $959,480.00 in state match and $196,515.00 in local match.(Approved by the Operations Committee and Finance Committee)
3. Public hearing and introductory ordinance amending the City of Laredo FY 2008-2009 budget for the Texas Department of Transportation Reimbursement Agreement for the 2008 Utility Bond by appropriating revenues and project expenditures in an amount not to exceed $714,678.50, which consists of $595,268.25 from the 2008 Water Bond and $119,410.25 from the 2008 Sewer Bond. (Approved by the Operations Committee and the Finance Committee as amended)
4. Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2009 Budget by appropriating revenues and expenditures in the amount of $763,873.00 derived from interest earnings for various Certificates of Obligation Bond Funds in order to provide the necessary funding for the Bartlett Extension Project totaling $2,700,000.00. The closing of various project activities totaling $1,279,180.00 plus the appropriation of $763,873.00 will generate the $2,043,053.00 from Certificates of Obligations Bond Series 1998, 2000, 2003, 2005 and 2006. Other funding sources that will finalize the completion of the project include funding from the Environmental Services Bonds, Water and Sewer Bonds,
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FTA grant and District II ($50,000.00) and District V ($150,000.00) Discretionary Funds. Amounts from these funding sources will be based on the final construction figures. (Approved by the Operations Committee)
5. Public hearing and introductory ordinance authorizing the City Manager to amend the FY 2008-2009 Annual Budget Capital Improvements Fund by appropriating revenues and expenditures in the amount of $12,950.00 and generated through cash payments in lieu of parkland dedication for the construction of Independence Hills Park also known as Vaquillas Park. (Approved by the Operations Committee)
6. Public hearing and introductory ordinance authorizing the City Manager to accept a grant from the Texas Department of State Health Services- Office of Border Health and amending the City of Laredo Health Department FY 2008-2009 annual budget by appropriating revenues and expenses in the amount of $7,700.00 to support activities of the Los Dos Laredos Council and The Healthy Border 2010 objectives, for the period beginning February 1, 2009 through August 31, 2009. (Approved by the Operations Committee and Finance Committee)
7. Public hearing and introductory ordinance amending Sections 13-23 penalty for violation of article and 13-39 (fees) of Division 2 (license) of Article II (food products establishments) Chapter 13, food and food products, of the code of ordinances by increasing the annual license fee paid by a food establishment (which will continue to be based upon the number of employees in an establishment) as follows:
a.)Two (2) or fewer employees an increasing fee from fifty dollars ($50.00) to seventy ($70.00) dollars;
b.)Two (2) and not more than six (6) employees to increase fee from one hundred dollars ($100.00) to one hundred forty ($140.00) dollars;
c.)Six (6) and not more than ten (10) employees to increase fee from two hundred dollars ($200.00) to two hundred eighty ($280.00) dollars;
d.) More than ten (10) employees, to increase fee from four hundred dollars ($400.00) to five hundred sixty ($560.00) dollars;
e.) Increasing the meat and seafood markets to increase fee to one hundred dollars ($100.00) to one hundred fifty ($150.00) dollars;
f.) Increasing the “new food products establishment” increase fee of fifty dollars ($50.00) to one hundred ($100.00) dollars;
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g.) Increasing a “request for inspection” fee from twenty five dollars ($25.00) to fifty dollars ($50.00);
h.) Establishing a new fee of fifty ($50.00) dollars for late payment of a food license;
i.) A new fee of seventy five ($75.00) dollars for additional follow-up inspections.
All fees will be implemented on January 1, 2010 except for the penalty fee of not less than $300.00 and the re-inspection fee of $75.00 after second inspection effective 60 days following public hearing and introduction; and providing for publication and effective date. (Approved by the Operations Committee and amended by the Finance Committee to include items c. – i. only)
8. Public hearing and introductory ordinance amending the City of Laredo 2008 Homeland Security Grant annual budget by increasing revenues and expenses by $350,000.00 for a total award amount of $850,000.00 from the 2008 State Homeland Security Grant Sub-Recipient agreement between the City of Laredo and the Texas Division of Emergency Management. Funding received through the grant agreement will be used to acquire a Mobile Command Unit (MCU) to enhance public safety response. The appropriation of said grant revenue and expenditure will account for grant proceeds and equipment purchased through the grant and authorizing the City Manager to implement said budget amendment. The above said grant requires no inkind matching funds. (Approved by the Operations Committee and Finance Committee)
(Recess) (Press Availability)
VIII. INTRODUCTORY ORDINANCES
9. Amending Ordinance No. 2009-O-035 (Granting a ten (10) year easement to the United States of America by and through U.S. Customs and Border Protection over 25.53 acres of City property along the Rio Grande River Bend for the purpose of carrying out the Carrizo Cane Eradication Project of the Laredo Sector of U.S. Border Patrol) to exclude any aerial spraying of any kind of herbicide along the banks of the Rio Grande as part of the eradication project; and authorizing the City Manager to execute the easement, as so amended, in the form and content attached as Exhibit 1, of which Exhibit A of the easement sets forth the description of the 25.53 acres; and authorizing the City Manager to sign a waiver of appraisal in the form attached as Exhibit 2.
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10. Authorizing the City Manager to execute a lease agreement between the City of Laredo and Laura Salcedo D.B.A. Hot Dog Express for the use of retail space “Suite B” of the “Mercado Square” located at 1000 Hidalgo Street. The lease term is for two (2) years at a rental rate of eight hundred sixteen ($816.00) dollars per month, for the first year, increasing the second year based on the change in 2009 consumer price index and providing for May 1, 2009, as effective date. (Approved by the Operations Committee)
11. Authorizing the City Manager to execute all necessary documents to grant an easement to AEP Texas Central Company to install electrical facilities to serve Slaughter Park within Block 707, eastern division. The said easement containing 808.48 sq. ft. being out of lot numbers 5 and 6, Block 707, Eastern Division, City of Laredo, Webb County, Texas and being described on attached Exhibit 1. (Approved by the Operations Committee)
IX. FINAL READING OF ORDINANCES
12. 2009-O-045 Amending Chapter 28 Article II entitled “Excavations” of the Laredo Code of Ordinances, Division I, II, III, and IV, Sections 28-16 thru 28-78, save and except for Sections 28-40, by deleting said sections and adding Article IX to be entitled “Public Right of Way Management” Sections 28-164 thru 28-239; providing for a repealing clause; providing a severability clause; providing for a penalty of fine not to exceed two thousand dollars ($2,000.00); and providing for an effective date. (As Amended)
2009-O-046 Authorizing the City Manager to execute a lease agreement with Laredo Equities, LLC for the use of Veteran’s Field. The lease term is for one season beginning on May 1, 2009 and ending September 1, 2009 at a minimum of 30 games ($30,000.00) at $1,000.00 per game plus $1,000.00 per playoff game. Laredo Equities will also be responsible for 50% of utility costs for Veterans Field during the term of the lease as outlined in the lease agreement terms. (As Amended)
2009-O-047 Amending Chapter 13, (food and food products) of the Code of Ordinances, by amending Article II, (food products establishments) Division 3, (Employees), as follows: Section 13-58 to allow for an approved Health Department food service public health sanitation training course; and providing for publication. (Approved by the Operations Committee)
2009-O-048 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for an office on Lots 1, 2, and 3, Block 7, Los Obispos Subdivision Unit II, located at 4703 Costello Loop; providing for publication and effective date.
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2009-O-049 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 9,800 square feet, as further described by metes and bounds in attached Exhibit "A", located east of U. S. Highway 83 and south of Newco Commercial, from AG (Agricultural District) to B-3 (Community Business District); providing for publication and effective date.
2009-O-050 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Special Use Permit for a flea market on Lot 1, Block 1, Ervin Farm Subdivision, located at 4210 South U. S. Highway 83; providing for publication and effective date.
2009-O-051 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 1A, Block 1021 Western Division, located at 4119 San Dario Avenue, from B-3 (Community Business District) to B-4 (Highway Commercial District); providing for publication and effective date.
2009-O-052 Repealing Ordinance No. 93-0-023 which established original rules and fees for the Public Access Center and establishing rules, regulations, procedures and rates for use of the public access facilities. (Approved by Operations Committee and Finance Committee)
2009-O-053 Repealing City of Laredo Code of Ordinances Chapter 7.5-1 through 7.5-26 which established the Laredo Cable Commission and its authority.
X. RESOLUTIONS
13. 2009-R-032 Authorizing the City Manager to enter into and execute a cooperative working agreement, attached hereto as Exhibit A, between Laredo-Webb County Safe Haven Program and the Laredo Police Department for the purpose of working with the Laredo-Webb County Safe Haven Program throughout the investigative process of child abuse cases. (Approved by the Operations Committee)
14. 2009-R-033 Authorizing the City Manager to submit a joint grant application with Webb County in the amount of $602,748.00 to the Office of Justice Programs, Bureau of Justice Assistance for the purpose of funding the Recovery Act Edward Byrne Memorial JAG or Justice Assistance Grant for the period of March 1, 2009 through February 28, 2013. This funding will be used for equipment and supplies for police operations. The Bureau of Justice Assistance has authorized $574,766.00 for the City of Laredo and $27,982.00 for Webb County. (Approved by the Operations Committee)
15. 2009-R-034 Authorizing the City Manager to apply for a grant in the estimated amount of $7,200,000.00 from the U.S. Department of Justice,
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Office of Community Oriented Policing Service (COPS) Program. Funding is available under the COPS Hiring Recovery Program created under the American Recovery and Reinvestment Act of 2009. The City of Laredo will utilize this funding to hire 40 new police officers for a period of three (3) years. (Approved by the Operations Committee)
16. 2009-R-035 Authorizing the removal of the traffic signal located at the intersection of San Enrique Avenue and Washington Street which is no longer warranted according to the Texas Manual on Uniform Traffic Control Devices. (Approved by the Operations Committee)
17. 2009-R-036 Authorizing the removal of the traffic signal located at the intersection of Davis Avenue and Victoria Street which is no longer warranted according to the Texas Manual on Uniform Traffic Control Devices. (Approved by the Operations Committee)
18. 2009-R-037 Authorizing the City Manager to execute the Advance Funding Agreement (AFA), attached hereto as Exhibit A, between the City of Laredo and the Texas Department of Transportation in the estimated amount of $581,670.00 for the US 83 utility relocation and construction of a railroad overpass from Monterrey St. to Cedar St., by funding the Utility relocation improvements and allowing the City and TXDOT to proceed with the letting of these projects in June 2009 to avoid project delays. The City has to complete its work 60 days prior to the date set for the construction bids. The City shall remit its check or warrant made payable to the “TXDOT Trust Fund”. Funding is available on the 2008 Utility Bond Water Works and 2008 Utility Bond Sewer Fund. (Approved by the Operations Committee)
19. 2009-R-038 Authorizing the City Manager to accept a grant award from the Department of Homeland Security, Assistance to Firefighters Grant (AFG) Program in the amount of $400,000.00 with the City designating $100,000.00 in matching funds for a total of $500,000.00. Funding received through this grant will be used to purchase radio communication equipment that will enhance radio coverage for first responders. (Approved by the Operations Committee)
20. 2009-R-039 Authorizing the City Manager to submit a grant application in the estimated amount of $2,000,000.00 to the Office of Justice Programs, Bureau of Justice Assistance for the purpose of funding OJP’s program on Combating Criminal Narcotics Activity Stemming from the Southern Border of the United States. This grant is funded under the Recovery Act State and Local Law Enforcement Assistance Program for the period of June 1, 2009 through May 31, 2011. This funding will be used for equipment, supplies, and training for border security enhancement in police operations. (Approved by the Operations Committee)
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XI. MOTIONS
21. Consideration to award contract number FY09-038 to the low bidder BWI Company, Schulenburg, Texas in the estimated amount of $70,142.50 for providing rye and bermuda seeds, fertilizer and paper block for hydro seeding for the Parks and Leisure Services Department. The term of this contract will be for a period of six (6) months and may be extended for an additional six (6) month period upon mutual consent of both parties. All items will be purchased on an as needed basis. Funding is available in the Parks and Recreation Leisure Department budget and construction projects. (Approved by the Operations Committee)
22. Consideration to award contract number FY09-044 awarded to the low bidders:
1. Al & Rob Sales, Laredo, Texas, in the estimated amount of $94,697.10 for the purchase of uniform trousers, and;
2. VF Imaginewear, Inc., Nashville, TN in the estimated amount of $81,986.90 for the purchase of uniform shirts for Police Department. All items will be purchased on an as needed basis. Funds for this contract are available in the Police Department’s budget. (Approved by the Operations Committee)
23. Consideration to renew contract FY08-047 currently awarded to RDO Equipment Co., Laredo, Texas, in the estimated amount of $75,000.00 for the purchase of original equipment manufacturer (OEM) John Deere heavy equipment parts and service for the Fleet Division. All parts and services will be secured on an as needed basis and funding is available in the Fleet Management budget. (Approved by the Operations Committee)
24. Consideration to renew contract FY08-036 currently awarded to :
1. CC Distributors, Corpus Christi, Texas, Primary Vendor
2. Patria Office Supply, Laredo, Texas Secondary Vendor
for providing general janitorial supplies to all City Departments. This contract establishes discount percentage pricing for those janitorial supplies most commonly utilized by city departments. All items will be purchased on an as needed basis and funding will be secured from the user departments budgets. (Approved by the Operations Committee)
25. Consideration to award a contract to the sole provider, McNeilus Truck and Manufacturing, Houston, Texas, in the amount of $262,780.84, for the
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refurbishing of thirteen (13) refuse trucks. Extensive repairs are needed in order to maintain these units in operational condition. It is anticipated that these repairs will provide three (3) to four (4) years of additional operational use. Funding is available in the Fleet Management budget. (Approved by the Operations Committee)
26. Consideration to reject the sole bid submitted by South Western Environmental Equipment Technicians, Dallas, Texas, in the amount of $123,500.00, for contract FY09-036; and authorizing that new bids be solicited with revised bid specifications. The bid pricing for the purchase and installation of sludge pumps, parts, and accessories for the Zacate Creek Wastewater Treatment Plant exceeded the budgetary estimates. (Approved by the Operations Committee)
27. Approval of expenditures in the amount of $4,500.00 for students from the Sister Cities Youth Committee to travel San Miguel de Allende, Guanajuato, Mexico to participate in a Youth Committee Exchange. The program will serve as a catalyst for youth advancement through innovative and cross- cultural educational programs with our worldwide sister cities; provide an excellent opportunity for promoting the City of Laredo in Mexico; and will serve to enhance Laredo’s relationship with Mexico which is vital to Laredo’s livelihood. Funds are available in the Sister Cities Youth Committee Account. City Council finds and declares that a valid public purpose will be served by this expenditure. (Approved by the Operations Committee)
28. Authorizing the City Manager to amend the engineering services contract with Dannenbaum Engineering Company—McAllen, LLC in the amount of $247,500.00 for a new total amount of $7,941,312.66 for the additional engineering services in relation to the new 20 MGD Water Treatment Plant in northwest Laredo. Funding is available in the 2008 Utility Bond. (Approved by the Operations Committee)
29. Consideration for approval of change order #1 to Price Construction, Ltd., Big Spring, Texas; in the amount of $320,099.00 for the Chacon Creek Wastewater Interceptor Phase II. The change order is for additional work requested by City Airport authorities; layers of rock encountered along the 30” sanitary sewer line and an update to the quantities of pipe laid at different depths. The contract time for the change order was extended for 150 calendar days. The new contract amount is $3,825,266.00 and the new contract time is 515 calendar days. Funding is available in the 1998-A Sewer Bond Issue. (Approved by the Operations Committee)
30. Amending the contract to Crane Engineering Corporation in the amount of $47,275.45 to include additional basic engineering services for the redesign of Old Milwaukee Center Road, and the reproduction of plans and
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specification for Work Order #3 and special services for litigation for Tanquecitos I. This amendment is subject to the Texas Water Development Board Approval. The amendment brings the total contract amount to $507,792.73. Funding is available in the Colonias Project Fund. (Approved by the Operations Committee)
31. Authorizing the City Manager to award a professional services contract in the sum of $1,354,000.00 to Gilpin Engineering Company for the design, bidding and construction services of the Manadas Creek 3MGD Wastewater Treatment Plant located at Mines Road. Funding is available in the 2008 Utility Bond. (Approved by the Operations Committee)
32. Authorizing the City Manager to award a construction contract to the lowest bidder Qro Mex Construction P.O. Box 2608, Granite Shoals’, TX in the amount of $2,337,569.50 for the construction of SH359 Work Order #2 Water Distribution and Wastewater Collection for Pueblo Nuevo Improvements Project, subject to the approval of the TWDB. The Pueblo Nuevo-Wastewater Collection and Water Distribution Improvements consist of constructing 12”/8” water distribution lines and 12”/8” sanitary sewer collection lines to Pueblo Nuevo within SH359 Planning Areas. The construction time is 305 calendar days. Funding is available in the Colonias Fund. (Approved by the Operations Committee)
33. Authorizing the City Manager to have the Utilities Department utilize city personnel and utility bond funding to commence the construction of the water and sewer line relocations along the Loop 20 and Cuatro Vientos Road Project in order to avoid construction scheduling conflicts with the Texas Department of Transportation and to complete the Project by March 2011. The Texas Department of Transportation has agreed to work concurrently with the City of Laredo to avoid any delays on the project. (Approved by the Operations Committee)
34. Consideration for approval of acceptance of the Del Mar Boulevard Widening on the North side along Plantation Subdivision, release of retainage, and approval of final payment in the amount of $21,944.89 to Amberland Development, Ltd., Laredo, Texas, final construction contract amount is $438,897.80. Funding is available in the 2006 C.O. Issue. (Approved by the Operations Committee and Finance Committee)
35. Consideration for approval of change order no. 2 an increase of $237,080.00 for asphalt walking paths, concrete drainage structures, relocation and planting of trees, and temporary traffic control plan and to add one hundred ten (110) calendar days to the construction contract time for a new contract time of three hundred sixty four (364) calendar days to the construction contract with Jerry Resendez Enterprises, Inc., Laredo, Texas, for the North Central Park – Phase 1A Project. Current construction
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contract amount is $1,244,884.50. Funding is available in the 2006 C.O. Bond. (Approved by the Operations Committee and Finance Committee)
36. Consideration for approval of the selection of consultant TEC Engineers & Consultants, Inc., Laredo, Texas, for the Sidewalks Project No. 38 (50 Blocks)—District VIII and approval to award a professional services contract for an amount of $48,990.00 for design and preparation of plans and specifications. Design time is to be on a fast track basis approximately ninety (90) days. Funding is available in the 2007 C.O. Bond Issue. District VIII. (Approved by the Operations Committee)
37. Consideration for approval of a change order #1 in the amount of $87,166.00 to existing contract awarded to T.F. Harper & Associates L.P. for the extension of one (1) steel basketball shade structure measuring 85’ x 50’ to 120’ x 80’ at Canizales Park. Funding is available through 2007 C.O. Bond and District 7 Discretionary Funds. (Approved by the Operations Committee)
38. Consideration to exercise the renewal option for one (1) additional year for contract number FY 07-091 awarded to UTW Tire Co., Laredo, Texas in the annual amount of $85,290.00 for the removal and disposal of used tires at the City landfill. Funding is available in the Solid Waste budget. (Approved by the Operations Committee)
39. Consider the renewal of contract FY08-014 with Martinez Pharmacy, Laredo, Texas, in the estimated amount of $75,000.00 to provide pharmaceutical services to clients of the HIV/AIDS Programs of the City of Laredo Health Department for the period beginning April 1, 2009, through March 31, 2010. Funding is available in the State grants HIV/Ryan White and HIV/Health and Social Services. (Approved by the Operations Committee)
40. Consideration for approval of change order no. 2 a decrease of $13,275.00 for the balance of quantities actually constructed in place, release of retainage, acceptance of the Flecha Lane Drainage Improvements and approval of final payment in the amount of $23,015.50 to Closner Construction Company, Laredo, Texas. Final construction contract amount is $460,310.10. Funding is available in the 2007 Environmental Services C.O. (Approved by the Operations Committee)
41. Authorizing the City Manager to award a Design/ Build Contract to Kraftsman Playground and Park, Spring, Texas, in an amount not to exceed $170,225.00 for the design, construction and installation of shade structures at nine (9) designated park sites. Funding for this project was made available through the Lamar Bruni Vergara Trust Grant and Discretionary Funds. (Approved by the Operations Committee)
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42. Consideration for approval to award a Buyboard Contract to Kraftsman Playground and Park, Spring, Texas, in an amount not to exceed $230,000.00 for the purchase and installation of splash park equipment, through the BuyBoard (Contract #269-07) cooperative purchasing program contract pricing. The equipment will be installed at the Azteca Park. Funding available through the Community Development 34th Action Year/2008 Block Grant and District 8 Discretionary Funds. (Approved by the Operations Committee)
43. Authorizing the City Manager to execute an extension to the Maintenance Service Agreement Contract between the City of Laredo and Diebold, Inc. for the hardware maintenance of the Bridge I surveillance and pneumatic tube system. This Maintenance Agreement will be for one (1) year effective March 22, 2009 through March 21, 2010 and will not exceed $28,062.00. Funding is available in the FY 08-09 Bridge Fund. (Approved by the Operations Committee)
44. Consideration to authorize a purchase contract with Calence Physical Security Solutions, LLC, Austin, TX for the purchase and installation of information technology equipment in the total amount of $60,281.28 for the Public Library’s new cyber mobile; and to rescind the purchase contract authorized by the City Council on 1/05/09 to Calence, LLC in the amount of $68,331.98 for similar equipment and services. This equipment will be purchased utilizing the State of Texas - Department of Information Resources (DIR) cooperative purchasing program contract number DIR- SDD-580. Funding is available from 2006 Certificate of Obligation bond proceeds. (Approved by the Operations Committee)
45. Motion to amend the current Priority Procedures Manual so as to remove “Recognitions” from the regular order of City Council business, and to allow the Mayor and City Council Members to schedule recognitions as necessary and when convenient.
XII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS
46.
A. Request by Mayor Raul G. Salinas 1. 2009- R-040 Officially supporting Shop Laredo First, a community-wide project encouraging potential buyers and purchasers of goods and services elect to buy from local entities first whenever possible before seeking the same good or service elsewhere especially in these more challenging economic times.
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2. Presentation with possible action on the 24 Hour Operation at the World Trade Bridge and a status report on the ongoing promotional efforts.
3. Presentation with possible action on Budget update.
4. Discussion with possible action on co-sponsoring 4th of July Celebration with LULAC Council 14 at Civic Center Grounds & Ballroom and Veteran’s Parade. (Co- sponsored by Council Member Cynthia Liendo Espinoza)
B. Request by Council Member Mike Garza 1. Discussion with possible action on a centralized playing field for Youth Flag Football.
2. Status report on park police with possible action.
3. Discussion with possible action on resolution in support of Webb County’s creation of a Regional Mobility Authority.
C. Request by Council Member Michael Landeck 1. Discussion with possible action on all issues for Bridge #5.
D. Request by Council Member Johnny Rendon 1. Discussion with possible action to review the status of the Blue Recycling Bins Project.
E. Request by Council Member Gene Belmares 1. Presentation with possible action on the proposed design alternatives for the Springfield Avenue and Jordan Intersection.
2. Status report with possible action on the proposed facility for the SWAT team located on Airport property.
3. Discussion with possible action on implementing a reverse 911 system.
4. Action appropriating District 6 Discretionary Funds for the construction of various speed humps throughout the District.
F. Request by Mayor Pro-Tempore Jose A. Valdez, Jr. 1. Discussion with possible action regarding Council Committees.
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G. Request by Council Member Cynthia Liendo Espinoza 1. Discussion with possible action on appropriating $30,000.00 from District 8 discretionary funds to purchase equipment (handheld devices and laptops) for Animal Control Officers and Sanitarians to increase field capacity and compliment the earmark received through Congressman Cuellar’s Office in the amount of $188,100.00 to enhance the data management system.
2. Presentation and discussion with possible action regarding LAREDOS Rio Fest with possible city participation.
3. Discussion with possible action on working with the Main Street Program on establishing a downtown entertainment district.
XIII. STAFF REPORTS
47. Staff report with possible action on the pros and cons for selecting a project manager of staff vs. a consultant in order to manage the Utility Department’s bond projects, instructing the City Manager to provide the Utility Department’s current organizational structure to include departmental responsibilities from the supervisory to the director level.
48. Staff report on El Portal Project with possible action.
49. Staff report with possible action regarding the ordinance to eliminate the location requirements for amusement redemption machine establishments within the B-4 (Highway Commercial District).
50. Report on the Washington, DC Legislative trip and report on grant funding derived from agency leads and congressional delegation visits.
XIV. EXECUTIVE SESSION
The City Council hereby reserves the right to go into executive session at any time during this public meeting, if such is requested by the City Attorney or other legal counsel for the City, pursuant to his or her duty under Section 551.071(2) of the Government Code, to consult privately with his or her client on an item on the agenda, or on a matter arising out of such item.
51. Request for Executive Session pursuant to Texas Government Code, Section 551.074 to deliberate the duties, evaluation criteria and performance standards of the City Manager and return to open session for possible action.
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XV. RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THE LAREDO MASS TRANSIT BOARD
52. Consideration for approval to award a construction contract to the lowest bidder Amberland Development, Ltd., Laredo, Texas in the bid amount of $337,333.00 for the Transit Terminal Renovation. Contract time is one hundred twenty (120) calendar days. Funding is available in the Transit FTA Capital Grant X-04-0040. (Approved by the Operations Committee and Finance Committee)
53. 2009-RT-004 Authorizing the City of Laredo to file an application with Federal Transit Administration, United States of America, for the American Recovery and Reinvestment Act of 2009 in the apportionment amount of $4,757,091.00 for Transit Capital Assistance(urbanized areas) for Laredo in fiscal year 2008-2009, and authorizing the Transit General Manager to execute all related documents. (Approved by the Operations Committee)
XVI. ADJOURN AS THE LAREDO MASS TRANSIT BOARD AND RECONVENE AS THE LAREDO CITY COUNCIL AND ADJOURN
This notice was posted at the Municipal Government Offices, 1110 Houston Street, Laredo, Texas, at a place convenient and readily accessible to the public at all times. Said notice was posted on Thursday, April 2, 2009 at 8:45 a.m.
Gustavo Guevara, Jr. City Secretary
15 COUNCIL COMMUNICATION DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF ORDINANCE NO. 2009-0---- 4/6/09 AUTHORIZING THE CITY MANAGER TO ACCEPT FY 2009 FEDERAL PLANNING FUNDS (PLl12) IN THE AMOUNT OF $8,429 AND AMENDING THE CITY OF LAREDO'S FY 2009 GENERAL FUND BUDGET TO MATCH PL112'S BUDGET BY INCREASING REVENUES BY $8,429 AND EXPENDITURES BY $8,429. THE PLl12 FUNDS COME FROM THE 2008-2009 APPROVED UNIFIED PLANNING WORK PROGRAM (UPWP). INITIATED BY: STAFF SOURCE: Cynthia Collazo, Deputy City Manager Keith Selman, Director of Planning PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Unified Planning Work Program describes and schedules work to be undertaken by the MPO during the 2008-2009 fiscal period. The proposed amended budget has the following funding sources: FHWA (PL112) $631,544 FTA (Section 5303) $142,992 TxDOT 5303 Cash Match $ 35,748 Total $810,284 FINANCIAL IMPACT:
The following line items shall be increased accordingly:
Description Original Budget Proposed Amendment Amended Budget
Revenues: State Planning Grant $380,749 $8,429 $389,178
Expenditures: State Planning Grant $380,749 $8,429 $389,178
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Not applicable. Staff recommends approval. ORDINANCE NO. 2009-0-
AUTHORIZING THE CITY MANAGER TO ACCEPT FY 2009 FEDERAL PLANNING FUNDS (PL112) IN THE AMOUNT OF $8,429 AND AMENDING THE CITY OF LAREDO'S FY 2009 GENERAL FUND BUDGET TO MATCH PL112'S BUDGET BY INCREASING REVENUES BY $8,429 AND EXPENDITURES BY $8,429. THE PL112 FUNDS COME FROM THE 2008-2009 APPROVED UNIFIED PLANNING WORK PROGRAM (UPWP).
Whereas, the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of2005 authorizes funds to be made available to Metropolitan Planning Organizations (MPO) and the City of Laredo is the fiscal agent for the Laredo MPO; and,
Whereas, the federal share payable for authorized activities is 80% of allowable costs and Sections 221.003 and 201.703 of the Texas Transportation Code authorize the Texas Department of Transportation (TxDOT) to provide the necessary in-kind match of20% of allowable costs; and,
Whereas, the UPWP describes and schedules the work to be undertaken by the Laredo MPO during the 2008-2009 fiscal period; and,
Whereas, on July 26,2007, the Laredo MPO approved the FY 2008-2009 UPWP which totaled $783,591 in planning funds; and,
Whereas, on May 6,2008, the Laredo MPO approved Resolution No. MPO 2008-4, adopting the proposed amendment of the FY 2008-2009 UPWP such that total funding would now reflect $810,284 in planning funds; and,
Whereas, on January 21, 2009, the Federal Highway Administration, the Federal Transit Administration, and the Texas Department of Transportation authorized $389,178.33 in total for expenditure by the MPO.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO, TEXAS THAT:
Section 1: THE CITY MANAGER IS AUTHORIZED TO ACCEPT FY 2009 FEDERAL PLANNING FUNDS (PL112) IN THE AMOUNT OF $8,429 AND AMENDING THE CITY OF LAREDO'S FY 2009 GENERAL FUND BUDGET TO MATCH PL112'S BUDGET BY INCREASING REVENUES BY $8,429 AND EXPENDITURES BY $8,429. THE PL112 FUNDS COME FROM THE 2008-2009 APPROVED UNIFIED PLANNING WORK PROGRAM (UPWP). Section 2: The following line items are increased accordingly:
Description Original Budget Proposed Amendment Amended Budget
Revenues: State Planning Grant $380,749 $8,429 $389,178
Expenditures: State Planning Grant $380,749 $8,429 $389,178
Section 3: This ordinance shall become effective as and from the date of passage.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS-- DAY OF 2009.
RAUL G. SALINAS MAYOR
ATTEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY
"fo-- Y: NATHAN R. BRATTON SSISTANT CITY ATTORNEY CITY COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE 04-06-09 AUTHORIZING THE CITY MANAGER TO AMEND THE FY 08-09 TRANSIT CAPITAL GRANTS BUDGET IN THE AMOUNT OF $1,155,995.00 BY APPROPRIATING CAPITAL FUNDS FROM THE TEXAS DEPARTMENT OF TRANSPORTATION VEHICLE CAPITAL REPLACEMENT GRANT NO. VCR 0902(22)042 IN THE AMOUNT OF $959,480.00 IN STATE MATCH AND $196,515.00 IN LOCAL MATCH BY INCREASING THE SALES TAX MATCH. INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Feliciano Garcia, L TMI General Manager
PREVIOUS BOARD ACTION: Council accepted and executed the VCR 0902(22)042 grant on 02-02-09 with Resolution No. 2009- RT-003.
BACKGROUND: On July 31, 2008, the Texas Transportation Commission passed Minute order 111437. This minute order awarded $1.6 million in federal transportation funds to the small urban and rural transit agencies under the Federal Transit Administration (FTA) section 5309 federal discretionary grant program. The FY 2009 state allocation for Laredo is $959,480.00 to be used for the purchase of seventeen (17) paratransit vans with bus lifts.
FINANCIAL: Budget Budget Proposed Amendment Budget EIMetro Revenues Capital Grant o $959,480 $959,480 Transfer In/Sales TaxMatch o $196,515 $196,515
Expenses Automotive o $1,155,995 $1,155,995
TRANSIT COMMITTEE: STAFF RECOMMENDATION: Staff recommends passage of this ordinance. ORDINANCE NO.
AUTHORIZING THE CITY MANAGER TO AMEND THE FY 08-09 TRANSIT CAPITAL GRANTS BUDGET IN THE AMOUNT OF $1,155,995.00 BY APPROPRIATING CAPITAL FUNDS FROM THE TEXAS DEPARTMENT OF TRANSPORTATION VEHICLE CAPITAL REPLACEMENT GRANT NO. VCR 0902(22)042 IN THE AMOUNT OF $959,480.00 IN STATE MATCH AND $196,515.00 IN LOCAL MATCH BY INCREASING THE SALES TAX MATCH.
WHEREAS, The Texas Department of Transportation Vehicle Capital Replacement Grant no. VCR 0902(22)042 was accepted and executed on February 2, 2009 with Resolution no. 2009-RT-003 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 amend the budget in the total amount of $1,155,995.00 and that funds be deposited in the City of Laredo Transit Fund.
NOW THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1. the City Manager is authorized to amend the FY 08-09 Transit budget by appropriating capital funds from the Texas Department of Transportation Vehicle Capital Replacement Grant no 0902(22)042 in the total amount of $959,480.00 with a local match of$196,515; and
Section 2. this budget amendment will be used for the purchase of paratransit vans with bus lifts.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ____ DAY OF ,2009.
RAUL SALINAS MAYOR
ATTEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM:
BY: ______RAUL CASSO CITY ATTORNEY COUNCIL COMMUNICATION
DATE: SUBJECT: Public Hearing and Introductory Ordinance Amending the City of Laredo FY 2008-2009 budget for the Texas Department of 4/6/09 Transportation Reimbursement Agreement for the 2008 Utility Bond by appropriating revenues and project expenditures in an amount not to exceed $714,678.50, which consists of $595,268.25 from the 2008 Water Bond and $119,410.25 from the 2008 Sewer Bond.
INITIATED BY: STAFF SOURCE: Jesus M. Olivares, Assistant City Manager Tomas M. Rodriguez Jr., P.E., Utilities Director
PREVIOUS COUNCIL ACTION: 3/2/09 award Engineering Contract to Premier Civil Engineering.
BACKGROUND SUBJECT: The City of Laredo (City) has to complete the advance funding agreement for voluntary local government contributions to transportation improvement projects with no required match, 60 days prior to the date set for the construction bids. The City shall remit a check or warrant made payable to the "Texas Department of Transportation (TXDOT) Trust Fund" in the amount of$581,670. The check or warrant shall be deposited by TXDOT in an escrow account, where will be used to pay the lowest bidder for the construction oversight and construction cost related to the water and sewer improvements at the US 83 Railroad Overpass along Chihuahua St. and Guadalupe S1. from Monterrey Ave. to Cedar Ave. The City will seek reimbursement for eligible engineering, administration, construction oversight and construction relocation costs providing the proper documentation to TXDOT for the improvements to the water and sewer by virtue of property right that predate the existing highway right of way. The City received approval by TXDOT in securing services from PREMIER Civil Engineering in the amount of $92,555.00 for the design of such improvements. The eligible reimbursement costs will be established through an approved and executed standard utility agreement not to exceed the amount of $714,678,50. TOTAL WATER WASTEWATER Estimated Contract amount...... $524,030.00 $437,030.00 $ 87,000.00 Oversight construction contract...... ,i 57,640.00 $ 47,841.20 $ 9,798.80 Total AFA $581,670.00 $484,871.20 $ 96,798.80
Engineering Fees ...... $ 92,555,00 $ 76,820.65 $ 15,734.35 Administration ...... '" ...... ~ 40,453.50 $ 33,576.40 $ 6,877.10 Reimbursement Agreement $714,678.50 $595,268.25 $119,410.25
FINANCIAL IMP ACT: ORIGINAL AMENDED BUDGET AMENDMENT BUDGET 2008 UTILITY BOND WATERWORKS: TX DOT REIMBURSEMENT $0 $595,26B.25 $595,26B.25 US 83 RAILROAD PROJECT $0 $595,268.25 $595,268.25
2008 UTILITY BONO SEWER FUND: TX DOT REIMBURSEMENT $0 $119,410.25 $119,410.25 US 83 RAILROAD PROJECT $0 $119,410.25 $119,410.25
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Operations Committee Conduct Public Hearing and Introductory Ordinance Finance Committee ORDINANCE NO. _____
Amending the City of Laredo FY 2008-2009 budget for the Texas Department of Transportation Reimbursement Agreement for the 2008 Utility Bond by appropriating revenues and project expenditures by $595,268.00 for the 2008 Water Bond and $119,410.00 for the 2008 Sewer Bond.
WHEREAS, the eligible reimbursement costs of the improvements is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Laredo, Utilities Department, acting by and through its duly authorized officials, hereinafter called the "Local Government."
WHEREAS, Commission Minute Order Number 111550 authorizes the State to undertake and complete a highway improvement generally described as US 83 Construction of a Railroad Overpass from 0.2 miles west of Monterrey st. to .02 miles west of Cedar St.
WHEREAS, the Local Government will seek reimbursement for eligible engineering, administration, construction oversight and construction relocation costs providing the proper documentation for their claim of a compensable interest within the Project by virtue of property right that predate the existing highway right of way to the improvement described as US 83 Utility Relocation from Monterrey S1. to Cedar St.; hereinafter called the "Project".
WHEREAS, the State will reimburse only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A.
WHEREAS, on February 11, 2009 the Local Government received approval in securing services from Premier Civil Engineering, LLC called the "Consultant".
WHEREAS, on March 2,2009; the City of Laredo awarded an engineering contract to the Consultant in the amount of $92,555.00 for the construction of the Project, and
WHEREAS, the eligible reimbursement costs will be establish through an approved and executed utility agreement before any request for reimbursement can be processed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: FINANCIAL IMPACT: Original Budget Amendment Amended Budget 2008 Utility Bond Waterworks: TXDOT Reimbursements. 0 595268 595268 US 83 Railroad Project 0 595268 595268
2008 Utility Bond Sewer Fund: TXDOT Reimbursements 0 119410 119410 US 83 Railroad Project 0 119410 119410
Section 2: The Ordinance shall become effective upon passage thereof.
PASSED AND APPROVED THIS DAY OF _____, 2009.
RAUL SALINAS MAYOR ATTEST:
GUSTAVO GUEVARA CITY SECRETARY
APPROVED AS TO FORM
VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY
8y: ______Raul Casso City Attorney COUNCIL COMMUNICATION
DATE: SUBJECT: PUBLIC HEARING AND INTRODUCITON OF AN ORDINANCE
04/06/2009 Amending the City of Laredo Fiscal Year 2009 Budget by appropriating revenues and expenditures in the amount of $763,873 derived from interest earnings for various Certificates of Obligation Bond Funds in order to provide the necessary funding for the Bartlett Extension Project totaling $2,700,000.00. The closing of various project activities totaling $1,279,180 plus the appropriation of $763,873 will generate the $2,043,053 from Certificates of Obligations Bond Series 1998, 2000, 2003, 2005 and 2006. Other funding sources that will finalize the completion of the project include funding from the Environmental Services Bonds, Water and Sewer Bonds, FTA grant and District II ($50,000) and District V ($150,000) Discretionary Funds. Amounts form these funding sources will be based on the final construction figures. INITIATED BY: STAFF SOURCE: Horacio A. De Leon, Assistant City Manager Carlos R. Villarreal, City Manager Rosario C. Cabello, Finance Director PREVIOUS COUNCIL ACTION:
City Council adopted the budget for fiscal year 2009 on September 15,2008 by Ordinance 2008-0-183. A public hearing and an introduction of this ordinance will be on April 6th 2009. BACKGROUND: In order to provide the necessary funding for the Bartlett Extension Project, the City of Laredo Budget will be amended to appropriate revenues from various different sources and funds. The funds to be amended are Certificates of Obligations Bond Series 1998, 2000, 2003, 2005 and 2006. FINANCIAL: Inception to Inception to Date Proposed Date Budget Budget Amendment FY 2009 1998 Certificate of Obligation Fund Interest Earnings $2,309,868 $33,915 $2,343,783 Bartlett Extension Project -0- 33,915 33,915
2000 Certificate of Obligation Fund Interest Earnings 645,282 6,345 651,627 Bartlett Extension Pr~ject -0- 6,345 6,345
2005 Certificate of Obligation Fund Interest Earnings 915,771 262,962 1,178,733 Bartlett Extension Project -0- 262,962 262,962
2006 Certificate of Obligation Fund Interest Earnings 1,391,421 430,873 1,822,294 Fees & Reimbursements -0- 29,778 29,778 Bartlett Extension Project -0- 460,651 460,651 Line item transfers in the amount of$1,279,180 will process in the various Certificates of Obligation Funds· in order to provide funding of $2,043,053.
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: I Conduct Public Hearing and introduce ordinance. ORDINANCE 2009-0-
AMENDING THE CITY OF LAREDO FISCAL YEAR 2009 BUDGET BY APPROPRIATING REVENUES AND EXPENDITURES IN THE AMOUNT OF $763,873 DERIVED FROM INTEREST EARNINGS FOR VARIOUS CERTIFICATES OF OBLIGATION BOND FUNDS IN ORDER TO PROVIDE THE NECESSARY FUNDING FOR THE BARTLETT EXTENSION PROJECT TOTALING $2,700,000.00. THE CLOSING OF VARIOUS PROJECT ACTIVITIES TOTALING $1,279,180 PLUS THE APPROPRIATION OF $763,873 WILL GENERATE THE $2,043,053 FROM CERTIFICATES OF OBLIGATIONS BOND SERIES 1998,2000,2003,2005 AND 2006. OTHER FUNDING SOURCES THAT WILL FINALIZE THE COMPLETION OF THE PROJECT INCLUDE FUNDING FROM THE ENVIRONMENTAL SERVICES BONDS, WATER AND SEWER BONDS, FTA GRANT AND DISTRICT II ($50,000) AND DISTRICT V ($150,000) DISCRETIONARY FUNDS. AMOUNTS FORM THESE FUNDING SOURCES WILL BE BASED ON THE FINAL CONSTRUCTION FIGURES.
WHEREAS, on September 15,2008, City Council adopted the fiscal year 2009 annual budget; and
th WHEREAS, on April 6 , 2009, City Council held a public hearing and introduced this ordinance to amend the City of Laredo annual budget; and
WHEREAS, in order to provide the funding necessary for the Bartlett Extension Project; the following budget amendment is hereby proposed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: The following funds are hereby amended:
Inception to Inception to Date Proposed Date Budget Budget Amendment FY 2009 1998 Certificate of Obligation Fund Interest Earnings $2,309,868 $33,915 $2,343,783 Bartlett Extension Project -0- 33,915 33,915
2000 Certificate of Obligation Fund Interest Earnings 645,282 6,345 651,627 Bartlett Extension Project -0- 6,345 6,345
2005 Certificate of Obligation Fund Interest Earnings 915,771 262,962 1,178,733 Bartlett Extension Project -0- 262,962 262,962
2006 Certificate of Obligation Fund Interest Earnings 1,391,421 430,873 1,822,294 Fees & Reimbursements -0- 29,778 29,778 Bartlett Extension Project -0- 460,651 460,651 PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2009.
RAUL G. SALINS, MAYOR
ATTEST:
GUSTAVO GUEVARA, JR., CITY SECRETARY
APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY
BY: ______ANTHONY C. McGETTRICK ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION
DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE Authorizing the City Manager to amend the Capital Improvements Budget by 04/06/09 appropriating expenditures in the amount of $12,950 in revenues generated through cash payments in lieu of parkland dedication for the construction of Independence Hills Park also known as Vaquillas Park. INITIATED BY: STAFF SOURCE: Jesus Olivares Miguel A. Pescador Assistant City Manager Parks and Leisure Services Director PREVIOUS COUNCIL ACTION: None
BACKGROUND:
In January 2005 after considering the annexation service plan requirements, the Parks Advisory Board recommended the acceptance of cash in lieu of parkland dedication for the Las Flores Subdivision development. As the Las Flores Subdivision development is located within a 1.5 mile service radius of the Independence Hills Park, a recommendation and approval of accepting cash in lieu of a 1.48 acre tract of parkland was initiated. Revenues were accepted as residential phases developed. The funds are now being requested to be appropriated for park improvements at Independence Hills Park.
FINANCIAL IMPACT: The Capital Improvements Fund Fiscal Year 2009 budget will be amended as follows:
Annual Budget Proposed Amended FY 2009 Amendment Budget 2009
Capital Improvement Fund: Revenues: Vaquillas Park $95,900.00 $12,950.00 $108,850.00 (402-0000-372-1033)
Expenditures: Vaquillas Park $95,900.00 $12,950.00 $108,850.00 (402-4322-535-4231 )
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:
Recommends approval Recommends approval PUBLIC HEARING AND INTRODUCTORY ORDINANCE
AUTHORIZING THE CITY MANAGER TO AMEND THE CAPITAL IMPROVEMENTS BUDGET BY APPROPRIATING EXPENDITURES IN THE AMOUNT OF $12,950.00 IN REVENUES GENERATED THROUGH CASH PAYMENTS IN LIEU OF PARKLAND DEDICATION FOR THE CONSTRUCTION OF INDEPENDENCE HILLS PARK ALSO KNOWN AS VAQUILLAS PARK.
WHEREAS, payments of cash in lieu of 1.48 acres of park land dedication were offered as per the requirements of the City of Laredo Annexation SeNice Plan; and
WHEREAS, the Parks and Leisure SeNices Advisory Committee has recommended and approved the proposed donation; and
WHEREAS, the City of Laredo wishes to provide improvements at Independence Hills Park with the funds provided; and
WHEREAS, a budget amendment is requested to appropriate expenditures in the amount of $12,950.00 to allow for the use of these funds for park development.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
1. It authorizes the City Manager to amend the FY 2009 Capital Improvements Fund as follows:
Annual Budget Proposed Amended FY 2009 Amendment Budget 2009 Parks Capital Improvements Fund: Revenues: Vaquillas Park $95,900.00 $12,950.00 $108,850.00 (402-0000-372-1033) Expenditures: Vaquillas Park $95,900.00 $12,950.00 $108,850.00 (402-4322-535-4231 )
2. This Ordinance shall become effective upon passage thereof. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF LAREDO on this the day of , 2009.
Raul G. Salinas Mayor
ATTEST:
GUSTAVO GUEVARA City Secretary
APPROVED AS TO FORM:
Raul Casso City Attorney BY:~~~~ Kristina L. Hale Assistant City Attorney COUNCIL COMMUNICATION
DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM 04/06/2009 THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES-OFFICE OF BORDER HEALTH AND AMENDING THE CITY OF LAREDO HEALTH DEPARTMENT FY 2008-2009 ANNUAL BUDGET BY APPROPRIATING REVENUES AND EXPENSES IN THE AMOUNT OF $7,700.00 TO SUPPORT ACTIVITIES OF THE LOS DOS LAREDOS COUNCIL AND THE HEAL THY BORDER 2010 OBJECTIVES, FOR THE PERIOD BEGINNING FEBRUARY 1,2009 THROUGH AUGUST 31, 2009. INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy City Manager Health Director PREVIOUS COUNCIL ACTION: On September 4,2007, Council approved Ordinance 2007- 0-159. BACKGROUND:
The Texas Department of State Health Services (TDSHS) has contracted with the City of Laredo to provide public health services to residents of Laredo and Webb County through the City of Laredo Health Department. The funds awarded to the Health Department through the TDSHS·Office of Border Health will be in support of the: U.S. Department of Health and Human Services (HHS) Office of Public Health and Science (OPHS) Agreement and the Centers for Disease Control and Prevention (CDCP) Preventive Health and Health Services Block Grant (PHHSBG) work plan.
The Health Department shall assist DSHS Office of Border Health (OBH) in the implementation of border health improvement initiatives along the Texas-Mexico border through support of the Los Dos Laredos Binational Health Council.
The goal of the project is to coordinate Binational efforts to promote regular and consistent communications among all U.S. Mexico border partners.
FINANCIAL: The City of Laredo will receive funds in the amount of $7,700.00 for the City of Laredo Health Department's OBH-Border Health for the period beginning February 1, 2009 through August 31, 2009. Revenue account 226-0000-323-4004, and expenditure division 226- 6012-HEHB01( See budget on next page). RECOMMENDATION: STAFF: Recommends that Council introduce ordinance. City of Laredo Health Department OBH~Border Health (226-6012)
BUDGET
.... CATER GO RIES .. ~ ... APPROVED BUDGET. REVENUES DSHS GRANT REVEN UES $ 7,700 IN-KI ND 0 TOTAL REVENUES $ 7,700 EXPENSES PERSONNEL $ 0 FRINGE BENEFITS 0 TRAVEL 0 EQUIPMENT 0 SUPPLIES 0 CONTRACTUAL 0 OTHER 7,700 SUB-TOTAL $ 7,700 IN-KI ND 0
$ ..• . TOTAL . ... . : .•> ...... -> .... ·7,700 ORDINANCE 2009-0-
AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES-OFFICE OF BORDER HEALTH AND AMENDING THE CITY OF LAREDO HEALTH DEPARTMENT FY 2008-2009 ANNUAL BUDGET BY APPROPRIATING REVENUES AND EXPENSES IN THE AMOUNT OF $7,700.00 TO SUPPORT ACTIVITIES OF THE LOS DOS LAREDOS COUNCIL AND THE HEALTHY BORDER 2010 OBJECTIVES, FOR THE PERIOD BEGINNING FEBRUARY 1, 2009 THROUGH AUGUST 31, 2009.
WHEREAS, the Texas Department of State Health Services is contracting with the City of Laredo to provide public health services to residents of Laredo and Webb County through the City of Laredo Health Department; and
WHEREAS, the City of Laredo Health Department will plan and organize the meetings of Los Dos Laredos Binational Council, a binational group to address health and environmental issues in the Laredo and surrounding area; and
WHEREAS, the funds will be used in support of the following activities: U.S. Department of Health and Human Services (HHS) Office of Public Health and Science (OPHS) Agreement work plan for the U.S. Mexico Border Health Commission Border Health Improvement Initiative, and Centers for Disease Control and Prevention (CDCP) Preventive Health and Health Services Block Grant (PHHSBG) work plan for the Office of Border Health Initiative; and
WHEREAS, the Health Department shall assist DSHS-Office of Border Health (OBH) in the implementation of border health improvement initiatives along the Texas-Mexico border through support of the Los Dos Laredos Binational Health Council.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: The City Manager is hereby authorized to amend the City of Laredo FY 2008- 2009 annual budget by appropriating revenues and expenditures in the amount for the $7,700.00 from the Texas Department of State Health Services (TDSHS) through the City of Laredo Health Department OBH-Border Health for the period beginning February 1,2009 through August 31, 2009.
Section 2: Revenue line item, funded by the TDSHS is 226-0000-323-4004.
Section 3: Expenditure division is 226-6012 HEHBOI. Section 4: The City Manager is hereby authorized to make transfers within the budget as allowable under the General Provisions as set forth by the Texas Department of State Health Services to meet the necessary costs to accomplish the scope of work for the project.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS ______DAYOF ,2009.
RAUL G. SALINAS MAYOR ATTEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY , fll4h~/l.Atu/~ ATHAN BRATTON ASSISTANT CITY ATTORNEY
2 COUNCIL COMMUNICATION DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE AMENDING SECTIONS 13-23 PENALTY FOR VIOLATION OF 04/6/2009 ARTICLE AND 13-39 (FEES) OF DIVISION 2 (LICENSE) OF ARTICLE II (FOOD PRODUCTS ESTABLISHMENTS) CHAPTER 13, FOOD AND FOOD PRODUCTS, OF THE CODE,OF ORDINANCES BY INCREASING THE ANNUAL LICENSE FEE PAID BY A FOOD ESTABLISHMENT (WHICH WILL CONTL~E TO BE BASED UPON THE NUMBER OF EMPLOYEES IN AN ESTABLISHMENT) AS FOLLOWS:
A.) TWO (2) OR FEWER EMPLOYEES AN lJ.~CREASING FEE FROM FIFTY DOLLARS ($50.00) TO SEVENTY ($70.00) DOLLARS;
B.) TWO (2) AND NOT MORE THAN SIX (6) EMPLOYEES TO INCREASE FEE FROM ONE HUNDRED DOLLARS ($100.00) TO ONE HUNDRED FORTY ($140.00) DOLLARS;
C.) SIX (6) AND NOT MORE THAN TEN (10) EMPLOYEES TO INCREASE FEE FROM TWO HUNDRED DOLLARS ($200.00) TO TWO HUNDRED EIGHTY ($280.00) DOLLARS;
D.) MORE THAN TEN (10) EMPLOYEES, TO INCREASE FEE FROM FOUR HUNDRED DOLLARS ($400.00) TO FIVE HUNDRED SIXTY ($560.00) DOLLARS;
E.) INCREASING THE MEAT AND SEAFOOD MARKETS TO INCREASE FEE TO ONE HUNDRED DOLLARS($100.00) TO ONE HUNDRED FIFTY ($150.00) DOLLARS;
F.) INCREASING THE "NEW FOOD PRODUCTS ESTABLISHMENT" INCREASE FEE OF FIFTY DOLLARS ($50.00) TO ONE HUNDRED ($100.00) DOLLARS;
G.) INCREASING A "REQUEST FOR INSPECTION" FEE FROM TWENTY FIVE DOLLARS ($25.00) TO FIFTY DOLLARS ($50.00);
H.) ESTABLISHING A NEW FEE OF FIFTY DOLLARS ($50.00) FOR LATE PAYMENT OF A FOOD LICENSE;
I.) A NEW FEE OF SEVENTY FIVE DOLLARS ($75.00) FOR ADDITIONAL FOLLOW-UP INSPECTIONS.
ALL FEES WILL BE IMPLEMENTED ON JANUARY 1, 2010 EXCEPT FOR THE PENALTY FEE OF NOT LESS THAN $300.00 AND THE RE INSPECTION FEE OF $75.00 AFTER SECOND INSPECTION EFFECTIVE 60 DAYS FOLLOWING PUBLIC HEARING AND INTRODUCTION; AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. (APPROVED BY THE OPERATIONS COMMITTEE AND AMENDED BY THE FINANCE COMMITTEE TO INCLUDE ITEMS C. - I. ONLy) INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy City Manager Health Director PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City of Laredo Health Department is requesting an increase in the annual fees for issuance of a license to a food products establishment for sanitary compliance and of processing applications for the issuance of the annual licenses in order to continue to provide the demand in operations. We are also adjusting the annual fee for the issuance of license to a food establishment for such an establishment as a meat or fish market in order to cover the increase in cost involved in inspecting to determine fitness for license.
Two new fees are being instituted to support current services that we provide but do not charge the inspections of daycares, registered homes, foster homes and the mUltiple re-inspections of food establishments for primarily non compliance.
To assist with current economic conditions all fees will be waived until January 1, 2010 during which time we will promote and make the food and commercial establishments of the amended fees. Only the re-inspection fee and penalty fee will be effective within the appropriate time established of 60 days.
These fees will align us with other areas and will provide for additional revenues in the amount of up to $37,115.00 to assist with o~erations and eguipment. FINANCIAL: The City of Laredo is will receive revenues not to exceed $37,115.00 to be appropriated to revenue line item 226-0000-312-2005 $25,520.00; 226-0000-311-1030 $783.00; 226-0000-355-4040 $387.00; 226- 0000-355-2100 $10,425.00. The expense account is 226-2930.
RECOMMENDATION: STAFF: I Recommends that Council introduce the ordinance. ORDINANCE NO. 2009-0-
AMENDING SECTIONS 13-23 PENALTY FOR VIOLATION OF ARTICLE AND 13-39 (FEES) OF DIVISION 2 (LICENSE) OF ARTICLE II (FOOD PRODUCTS ESTABLISHMENTS) CHAPTER 13, FOOD AND FOOD PRODUCTS, OF THE CODE OF ORDINANCES BY INCREASING THE ANNUAL LICENSE FEE PAID BY A FOOD ESTABLISHMENT (WHICH WILL CONTINUE TO BE BASED UPON THE NUMBER OF EMPLOYEES IN AN ESTABLISHMENT) AS FOLLOWS:
A.) TWO (2) OR FEWER EMPLOYEES AN INCREASING FEE FROM FIFTY DOLLARS ($50.00) TO SEVENTY ($70.00) DOLLARS;
B.) TWO (2) AND NOT MORE THAN SIX (6) EMPLOYEES TO INCREASE FEE FROM ONE HUNDRED DOLLARS ($100.00) TO ONE HUNDRED FORTY ($140.00) DOLLARS;
C.) SIX (6) AND NOT MORE THAN TEN (10) EMPLOYEES TO INCREASE FEE FROM TWO HUNDRED DOLLARS ($200.00) TO TWO HUNDRED EIGHTY ($280.00) DOLLARS;
D.) MORE THAN TEN (10) EMPLOYEES, TO INCREASE FEE FROM FOUR HUNDRED DOLLARS ($400.00) TO FIVE HUNDRED SIXTY ($560.00) DOLLARS;
E.)INCREASING THE MEAT AND SEAFOOD MARKETS TO INCREASE FEE TO ONE HUNDRED DOLLARS ($100.00) TO ONE HUNDRED FIFTY ($150.00) DOLLARS;
F.) INCREASING THE "NEW FOOD PRODUCTS ESTABLISHMENT" INCREASE FEE OF FIFTY DOLLARS ($50.00) TO ONE HUNDRED ($100.00) DOLLARS;
G.) INCREASING A "REQUEST FOR INSPECTION" FEE FROM TWENTY FIVE DOLLARS ($25.00) TO FIFTY DOLLARS ($50.00); H.) ESTABLISHING A NEW FEE OF FIFTY DOLLARS ($50.00) FOR LATE PAYMENT OF A FOOD LICENSE;
I.) A NEW FEE OF SEVENTY FIVE DOLLARS ($75.00) FOR ADDITIONAL FOLLOW-UP INSPECTIONS.
ALL FEES WILL BE IMPLEMENTED ON JANUARY 1, 2010 EXCEPT FOR THE PENALTY FEE OF NOT LESS THAN $300.00 AND THE RE-INSPECTION FEE OF $75.00 AFTER SECOND INSPECTION EFFECTIVE 60 DAYS FOLLOWING PUBLIC HEARING AND INTRODUCTION; AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. (APPROVED BY THE OPERATIONS COMMITTEE AND AMENDED BY THE FINANCE COMMITTEE TO INCLUDE ITEMS C. - I. ONLy)
WHEREAS, the director of the Health Department of the City of Laredo has determined that it is necessary to increase the annual fee for issuance of a license to a food products establishment for sanitary compliance and of processing applications for the issuance of the annual licenses; and
WHEREAS, the director of the Health Department of the City of Laredo has determined that it is necessary to increase the annual fee for the issuance of license to a food establishment if such establishment is a meat or fish market in order cover the increase in cost involved in inspecting such to determine fitness for license; and
WHEREAS, all fees will be implemented on January 1, 2010 except for the penalty fee of not less than $300.00 and the re-inspection fee of $75.00 after second inspection fee effective 60 days following public hearing and introduction; and
WHEREAS, after public hearing thereon, the City Council of the City of Laredo has determined that it is necessary to increase the annual license fees paid by food products establishments to cover increase costs of inspections and application review relating to issuance of licenses.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO:
Section 1. Amendment.
That Sections 13-23 and 13-39 of the Code of Ordinances be and is hereby amended to read as follows:
Sec. 13-23. Penalty for violation of article. Every person violating the provisions of this article shall be deemed guilty of an offense and upon conviction thereof shall be fined [in any sum] not less than [five dollars ($5.00)] three hundred dollars ($300.00) [and not more than two hundred dollars ($200.00)], and each day such food products establishment shall be conducted without a license shall be a separate offense.
Sec. 13-39. Fees.
(a) The annual license fees to cover the cost of inspection of food products establishments shall be collected by the health department and shall be graded in accordance with the volume of business transacted, to be determined by the number of persons employed in connection with such business, including the applicant for such license, if the applicant's services are devoted to such business, and shall be paid in advance of the issuance of such license as follows for each establishment employing:
(1) One (1) to two (2) persons, [fifty dollars ($50.00] seventy dollars ($70.00), (2) Three (3) to six (6) persons, [one hundred dollars ($100.00] one hundred forty dollars ($140.00). (3) Seven (7) to ten (10) persons, [t'tvo hundred dollars ($200.00)] two hundred eighty dollars ($280.00). (4) Eleven (11) or more persons, [four hundred dollars ($400.00)] fIve hundred sixty dollars ($560.00).
(b) An additional annual license fee of [one hundred dollars ($100.00) ] one hundred fifty dollars ($150.00) shall be charged to any food products establishment which is a meat market or a fish market to cover the additional cost of inspection thereof.
(c) A fee of [fifty dollars ($50.00)] one hundred dollars ($100.00) shall be charged to any new food products establishment upon application for a new food products establishment.
(d) A fee of [twenty five dollars ($25.00)] .fifty dollars ($50.00) shall be charged for food products establishment requesting an inspection of a food products establishment, including request for inspection of Beer & Wine Permit applications, food products establishments requesting additional follow-up inspections, foster homes, registered family homes, group day homes and other similar food products establishments requesting inspection services.
(e) A late fee offifty dollars ($50.00) shall be charged to a food products establishment that pays for a city food license later than 30 days of permit expiration and or invoice date.
(f) A follow-up inspection fee of seventy-five dollars ($75.00) shall be charged to a food products establishment that requires more than one customary follow-up inspection for the resolution orpublic health violations in the food products establishment. Section 2. Publication.
This Ordinance shall be published one (1) time in a newspaper of general circulation in Laredo.
Section 3. Effective Date.
This Ordinance shall become effective not less than sixty (60) days from the date of the public hearing on this Ordinance, in accordance with the City Charter.
Section 4. The City of Laredo is will receive revenues not to exceed $37,115.00 to be appropriated to revenue line item 226-0000-312-2005 ($25,520.00); 226-0000-311-1030 ($783.00); 226-0000-355-4040 ($387.00); 226-0000-355-2100 ($10,425.00).
Section 5. The expense account is 226-2930 will be increased by $37,115.00.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS ____ DAY OF ,2009.
RAUL SALINAS MAYOR
ATTEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM RAUL CASSO IV CITY ATTORNEY
BY: ______NATHANR. BRATTON ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION
DATE: SUBJECT: Public Hearing & Introductory Ordinance
Amending the City of Laredo 2008 Homeland Security Grant annual budget by 04/06/09 increasing revenues and expenses by $350,000 for a total award amount of $850,000 from the 2008 State Homeland Security Grant Sub-Recipient agreement between the City of Laredo and the Texas Division of Emergency Management. Funding received through the grant agreement will be used to acquire a Mobile Command Unit (MCU) to enhance public safety response. The appropriation of said grant revenue and expenditure will account for grant proceeds and equipment purchased through the grant and authorizing the City Manager to implement said budget amendment. The above said grant requires no in kind matching funds.
INITIATED BY: STAFF SOURCE: Cynthia Collazo, Deputy City Manager Steve E. Landin, Fire ChieflEMC
PREVIOUS COUNCIL ACTION: A motion was approved on 02/02/09 to accept the grant funding
BACKGROUND: The City of Laredo has been designated as a sub-recipient of grants which were awarded to the Texas Governor's Division of Emergency Management (GDEM) entitled "State Homeland Security Grant Program" from the U.S. Department of Homeland Security, Office of Domestic Preparedness. The (GDEM) desires that the sub-recipient perform certain project tasks, involving the procurement and management of the (MCU). The above said grant was secured through the administration and completion of a vulnerability risk assessment survey executed by City of Laredo staff thereof submitted to the State of Texas on April 1 0, 2003.
FINANCIAL IMPACT: Original Budget Amended Budget Amendement Budget Revenue: State Homeland Security Grant 500,000 350,000 850,000 Expenses:
Reserve Appropriation 500,000 350,000 850,000
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Staff recommends that this Ordinance be introduced by City Council. Introductory Ordinance
Amending the City of Laredo 2008 Homeland Security Grant annual budget by increasing revenues and expenses by $350,000 for a total award amount of $850,000 from the 2008 State Homeland Security Grant Sub-Recipient agreement between the City of Laredo and the Texas Division of Emergency Management. Funding received through the grant agreement will be used to acquire a Mobile Command Unit (MCU) to enhance public safety response. The appropriation of said grant revenue and expenditure will account for grant proceeds and equipment purchased through the grant and authorizing the City Manager to implement said budget amendment. The above said grant requires no in kind matching funds.
WHEREAS, on February 2, 2009, City Council approved a motion to execute the State Homeland Security Grant Program Sub-Recipient Agreement between the City of Laredo and the Texas Division of Emergency Management to perform certain project tasks for the period beginning September 1, 2008 and ending January 15, 2011. The amount of the grant award accepted was $850,000.
WHEREAS, The City of Laredo has been designated as a sub-recipient of a grant which was awarded to the Texas Division of Emergency Management (OEM) entitled "State Homeland Security Grant Program" from the U.S. Department of Homeland Security, Office of Domestic Preparedness. The OEM desires that the sub-recipient perform certain project tasks, involving the procurement and management of equipment.
NOW, THERFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
The City of Laredo 2008 Homeland Security Grant FY 2008-2009 Annual Budget is amended as follows:
Original Budget Amended Budget Amendement Budget Revenue: State Homeland Security Grant 500,000 350,000 850,000
Expenses:
Reserve Appropriation 500,000 850,000 850,000
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS ___ DAY OF 2009.
RAUL G. SALINAS, MAYOR ATTEST:
GUSTAVO GUEVARA, JR., CITY SECRETARY
APPROVED AS TO FORM:
RAUL CASSO, CITY ATTORNEY COUNCIL COMMUNICATION
DATE SUBJECT: INTRODUCTORY ORDINANCE
4-06-2009 AMENDING ORDINANCE NO. 2009-0-035 [GRANTING A 10 YEAR EASEMENT TO THE UNITED STATES OF AMERICA BY AND THROUGH U.S. CUSTOMS AND BORDER PROTECTION OVER 25.53 ACRES OF CITY PROPERTY ALONG THE RIO GRANDE RIVER BEND FOR THE PURPOSE OF CARRYING OUT THE CARRIZO CANE ERADICA nON PROJECT OF THE LAREDO SECTOR OF U.S. BORDER PATROL] TO EXCLUDE ANY AERIAL SPRAYING OF ANY KIND OF HERBICIDE ALONG THE BANKS OF THE RIO GRANDE AS PART OF THE ERADICATION PROJECT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE EASEMENT, AS SO AMENDED, IN THE FORM AND CONTENT ATTACHED AS EXHIBIT 1, OF WHICH EXHIBIT A OF THE EASEMENT SETS FORTH THE DESCRIPTION OF THE 25.53 ACRES; AND AUTHORIZING THE CITY MANAGER TO SIGN A WAIVER OF APPRAISAL IN THE FORM ATTACHED AS EXHIBIT 2.
INITIATED BY: STAFF SOURCE: Cynthia Collazo Ronnie Acosta Deputy City Manager CD Director
PREVIOUS COUNCIL ACTION: On March 16,2009, Ordinance No 2009-0-035 was passed authorizing a 10 year lease to the United States of America over 25.53 acres of city land.
BACKGROUND: This amends Ordinance No. 2009-0-035 in order to amend the proposed lease to mandate that there shall be no aerial spraying of herbicide among the methods to be used by Grantee to eradicate the Carrizo cane during the term of the proposed lease
FINANCIAL IMPACT: None. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: n/a Staff recommends passage of this resolution.
1 ORDINANCE NO. 2009-0------AMENDING ORDINANCE NO. 2009-0-035 [GRANTING A 10 YEAR EASEMENT TO THE UNITED STATES OF AMERICA BY AND THROUGH U.S. CUSTOMS AND BORDER PROTECTION OVER 25.53 ACRES OF CITY PROPERTY ALONG THE RIO GRANDE RIVER BEND FOR THE PURPOSE OF CARRYING OUT THE CARRIZO CANE ERADICATION PROJECT OF THE LAREDO SECTOR OF U.S. BORDER PATROL] TO EXCLUDE ANY AERIAL SPRAYING OF ANY KIND OF HERBICIDE ALONG THE BANKS OF THE RIO GRANDE AS PART OF THE ERADICATION PROJECT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE EASEMENT, AS SO AMENDED, IN THE FORM AND CONTENT ATTACHED AS EXHIBIT 1, OF WHICH EXHIBIT A OF THE EASEMENT SETS FORTH THE DESCRIPTION OF THE 25.53 ACRES; AND AUTHORIZING THE CITY MANAGER TO SIGN A WAIVER OF APPRAISAL IN THE FORM ATTACHED AS EXHIBIT 2.
WHEREAS, since Ordinance No. 2009-0035 dated March 16,2009 was passed approving the granting of a 10 year easement over 25.53 acres for eradication of Carrizo cane, there has been some controversy as to one of the modes of eradication intended by the
U.S. Army Corps of Engineers; and
WHEREAS, since the ordinance was passed, and prior to the easement being executed,
U.S. Border Patrol and the City have agreed that the proposed easement should be amended
prior to being executed by the City to mandate that no aerial spraying of herbicide shall be
a part of the eradication process; and
WHEREAS, the form of the easement will be as is attached to this ordinance as
Exhibit 1, and the 25.53 acres of city land is described in Exhibit A of that easement; and
WHEREAS, the grantee of the lease has asked the city to sign a waiver of appraisal
of the monetary value of the easement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: It approves of the easement being granted to the United States of America in the form and content that is Exhibit 1 attached to this ordinance, relating to the 25.53 acres of city land which is described in Exhibit A of the easement, and this for a period often years; and
Section 2: It authorizes the City Manager to execute the easement to the United States of America in the form and content that is Exhibit 1 attached hereto, relating to the 25.53 acres of city land which is described in Exhibit A of the easement.
Section 3: It authorizes the City Manager to execute the waiver of appraisal in the form attached as Exhibit 2.
Section 4: This ordinance amends Ordinance No. 2009-90-035 on the same subject, to reflect the change in the language of the easement to mandate that no aerial spraying of herbicide is permitted under the easement.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS ___ DAY OF ,2009.
RAUL G. SALINAS MAYOR
ATTESTED:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM:
RAUL CASSO CITY ATTORNEY
BY: ______
Anthony C. McGettrick Assistant City Attorney COUNCIL COMMUNICATION
DATE: SUBJECT: INTRODUCTORY ORDINANCE
04/06/09 AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF LAREDO AND LAURA SALCEDO D.B.A. HOT DOG EXPRESS FOR THE USE OF RETAIL SPACE "SUITE B" OF THE "MERCADO SQUARE" LOCATED AT 1000 HIDALGO STREET. THE LEASE TERM IS FOR TWO (2) YEARS AT A RENTAL RATE OF EIGHT HUNDRED SIXTEEN ($816) DOLLARS PER MONTH, FOR THE FIRST YEAR, INCREASING THE SECOND YEAR BASED ON THE CHANGE IN 2009 CONSUMER PRICE INDEX AND PROVIDING FOR MAY 1, 2009, AS EFFECTIVE DATE.
INITIATED BY: STAFF SOURCE:
Jesus Olivares Miguel A. Pescador Assistant City Manager Parks and Recreation Department Director
PREVIOUS COUNCIL ACTION:
City Council approved a two (2) year lease agreement on August 28,2006 with the final reading of ordinance 2006-0-186.
BACKGROUND:
This lease if for the term of two years commencing on May 01, 2009 and ending on April 30, 2011.
The leased area is to be used solely by Hot Dog Express for the purpose of Retail Food Sales.
Hot Dog Express has established a favorable long term relationship with the City of Laredo by being a tenant of EI Mercado for over fifteen years and being consistent with timely rental payments.
FINANCIAL IMPACT:
A total of nine thousand seven hundred and ninety-two ($9,792) dollars per year will go into the Mercado revenue line item 247-0000-361-1020.
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:
NIA Staff recommends Approval INTRODUCTORY ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF LAREDO AND LAURA SALCEDO D.B.A. HOT DOG EXPRESS FOR THE USE OF RETAIL SPACE "SUITE B" OF THE "MERCADO SQUARE" LOCATED AT 1000 HIDALGO STREET. THE LEASE TERM IS FOR TWO (2) YEARS AT A RENTAL RATE OF EIGHT HUNDRED SIXTEEN ($816) DOLLARS PER MONTH, FOR THE FIRST YEAR, INCREASING THE SECOND YEAR BASED ON THE CHANGE IN 2009 CONSUMER PRICE INDEX AND PROVIDING FOR MAY 1, 2009, AS EFFECTIVE DATE.
WHEREAS, the City of Laredo (LESSOR) currently owns and operates the land premises known as the Mercado Square, located in Laredo, Webb County, Texas; and
WHEREAS, the LESSOR deems it advantageous to itself and to its operation of the Mercado area to lease to LESSEE certain rights, privileges and uses herein as necessary to conduct its business as hereinafter set forth;
NOW, THEREFORE, LESSOR and LESSEE for and in consideration of the covenants and mutual agreements hereinafter contained do hereby covenant and agree.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: The City Manager is authorized to execute the lease agreement between Laura Salcedo D.B. A. Hot Dog Express and the City of Laredo for the use of 791 square feet of Retail Space known as Suite B of El Mercado Square located at 1000 Houston Street, a copy of which agreement is attached with location shown as "EXHIBIT A".
Section 2: This ordinance shall take effect on May 01,2009. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ____ DAY OF ,2009.
RAUL SALINAS MAYOR
ATIEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM: RAUL CASSO CITY ATIORNEY
BY:¥~D~~ KRISTINA L. HALE ASSISTANT CITY ATIORNEY NOTE: This agreement is subject to City Council approval, and also constitutes a public document under the Texas Open Records Act, being subject to public inspection at any time hereafter.
STATE OF TEXAS )(
COUNTY OF WEBB )(
This agreement made and entered into by and between the City of Laredo, a municipal corporation (hereinafter called "LESSOR"), and Laura Salcedo, D.B.A. Hot Dog Express (hereinafter called "LESSEE").
WITNESSETH
WHEREAS, the LESSOR currently owns and operates the land premises known as the Mercado Square, located in Laredo, Webb County, Texas, and; , WHEREAS, the LESSOR deems it advantageous to itself and to its operation of the Mercado area to lease to LESSEE certain rights, privileges and uses herein as necessary to conduct its business as hereinafter set forth;
NOW, THEREFORE, LESSOR and LESSEE for and in consideration of the covenants and mutual agreements hereinafter contained do hereby covenant and agree as follows:
ARTICLE I
PREMISES, TERMS, AND PRIVILEGES
DEFINITIONS:
"The Mercado Square": That certain area administered by LESSOR consisting of the entire block bounded by Flores Avenue to the West, San Agustin Avenue to the east and Lincoln street to the South land Hidalgo Street to the North.
"LESSOR": The City of Laredo, by and through its duly constituted agent, the Civic Center Complex Manager, shall be considered the LESSOR for all purposes of this lease. Hot Dog Express Unit 3 Block 41 A
"PREMISES": Includes the property and building subject to the lease.
"STRUCTURE" or "STRUCTURAL": Includes, but is not limited to, the foundation, load bearing walls, joists, rafters, load bearing surfaces, water pipes, drainage pipes, and air conditioning ducts.
1.01 LEASED AREA:
The LESSOR does hereby lease approximately 791 square feet of Retail space Suite B, located at 1000 Hidalgo and Lincoln Streets, situated on Block 41- A, Western Division in the City of Laredo, Webb County, Texas. The property on which the building is situated is more particularly described and depicted on "EXHffiIT A" attached hereto and incorporated herein, all hereinafter referred to as the leased area, all within the "Mercado Square", and LESSEE hereby leases the said leased area from LESSOR.
1.02 TERM:
This lease is to be for a term of two years (2) commencing on May 01, 2009 and ending on April 3~, 2011.
1.03 RENTAL OBLIGATION:
Subject to annual review for rent escalation pursuant to Section 1.05 herein, LESSEE herein agrees to pay to LESSOR monthly the sum of $816.00 base rent for each month.
Monthly rentals shall be paid in advance on or before the first (l st) day of each month, the first of such monthly rental payments being due on the effective date of this lease.
The basic rent and such additional charges as accrued shall be paid by the first (1 st) day of each month without notice, demand, counterclaim, setoff, deduction or defense, and without abatement, suspension, deferment or diminution or reduction by reason thereof, and, except as otherwise provided in this agreement, the obligations and liabilities of the LESSEE shall not be affected by any circumstances or occurrences, including but not limited to:
2 Hot Dog Express Unit 3 Block 41 A
(a) Any damages to or destruction of the premises or any part thereof;
(b) Any restriction or prevention of or interference with any use of the leased property or any part thereof;
(c) Any claim LESSEE has or might have against LESSOR;
(d) Notice of termination of leasehold, whether by LESSOR or LESSEE.
1.04 RENTAL ESCALATION:
Without waiving other rental escalation provisions in this contract, monthly rentals shall be adjusted annually during the primary and extension periods by an amount which is equivalent to the percent change in the Consumer Price Index (CPI) from the preceding calendar year's average, specifically defined as the Consumer Price Index (U. S. Average, All Urban Consumers, All Items) 1982-84 = 100 Base as compiled by the Bureau of Labor Statistics. This means that at the anniversary date of September 1st, and annually thereafter, the rent will be adjusted according to the percent change in the CPI as that date from that of the preceding calendar year (January-December) Example:
1. First Anniversary: Base rent x CPI =adjustment + base rent = rent for second year.
2. Second Anniversary: Second year' s r~nt x CPI = adjustment + second year's rent = rent for third year ... etc., annually until lease expiration or any extension thereto.
1.05 DEPOSIT:
In addition to the initial rental payment called for in paragraph 1.04, LESSEE shall deposit with LESSOR the sum of the amount equivalent to the first month's rent. The deposit held by LESSOR shall always be equivalent to the current monthly rental required hereunder. The deposit shall be retained by LESSOR during the lease term or any extension hereto, and, upon termination of the lease, shall be returned to LESSEE less and except, and this will serve to authorize LESSOR'S withholding from such deposit, any monies then due and
3 Hot Dog Express Unit 3 Block 41 A owing to the LESSOR by LESSEE under the terms of this lease, including but not limited to any costs of restoring the premises to the condition called for under the terms hereof, as well as any other indebtedness caused, or charges owing by LESSEE to LESSOR, reasonable wear and tear excepted.
1.06 UTILITIES:
LESSEE shall provide and payor cause to be paid all charges for water, heat, gas, electricity, sewers, and any and all other utilities used on the premises throughout the term of this lease, including any connection fees.
1.07 TAXES:
LESSEE agrees to pay and discharge promptly, before delinquency, any and all taxes, impositions and government charges of any kind whatsoever that may be lawfully assessed against the LESSEE or the LESSOR, with respect to the leased premises or any improvement, personal property, tools, equipment, furniture, fixtures or inventory thereon, during the term of this Lease including any extensions or option periods granted thereto and LESSEE agrees to pay for all the costs and expenses of contesting any such taxes.
The LESSEE in good faith may contest any tax or governmental charge by means provided by law; provided that the LESSEE may not permit such tax or governmental charge to remain unpaid during the period of such contest and any appeal therefrom unless, in the opinion of counsel satisfactory to LESSOR, such action will not adversely affect any right or interest of the LESSOR.
1.08 USE AND USE CONFLICT:
The leased area is to be used and occupied solely for the purpose of Retail Food Sales and no other use of the leased area is permitted.
Neither the leased premises nor any portion thereof shall be sublet, nor shall this lease or any interest therein be assigned, hypothecated or mortgaged by LESSEE, and any attempted assignment, subletting, hypothecation or mortgaging of this lease shall be of no force or effect, and shall confer no rights upon any assignee, sublease, mortgagee or pledgee, but shall constitute a material breach of this contract by LESSEE.
4 Hot Dog Express Unit 3 Block 41 A
In the event that LESSEE shall become incompetent, bankrupt or insolvent, or be dissolved, or should a guardian, trustee or receiver be appointed to administer LESSEE'S business or affairs, neither this lease nor any interest herein shall become an asset of the guardian, trustee or receiver, and this lease shall immediately terminate and end.
1.09 LATE CHARGE:
a) LESSOR may charge late penalty of FIVE DOLLARS PER DA Y ($5.00) up to a maximum of twenty (20) days, which shall be due and payable immediately in the event LESSEE fails to pay the rent provided for herein on or before by the 10th day of each month during the term of this Lease. The failure of LESSEE to pay the overdue rent plus late charges before the expiration of thirty (30) days from the first day of the month, for which rent is due, shall result in LESSEE being evicted from the leased premises. If rent and/or other charges are paid with a check and that check is returned due to insufficient funds, late fees will continue to accumulate until the returned check is paid along with a returned check fee of $25.00.
b) If LESSEE is late in payment or rent and the late charge has been assessed three (3) times within a twelve (12) month period, a fourth such late payment within that 12 month period shall be considered a material breach of the lease and ground for termination of the Lease.
1.10 LESSOR'S WARRANTY OF QUIET ENJOYMENT:
The LESSOR covenants that as long as LESSEE is not in default of any provision of this Agreement, LESSEE shall and may peaceably and quietly have, hold and enjoy the leased premises exclusively to it during the term hereof unless sooner terminated as provided in this Agreement.
1.11 WARRANTY OF TITLE:
LESSOR hereby represents and warrants that it is the owner in fee simple absolute of the leased premises, subject to any covenants, conditions, restrictions, easements, and other matters of record.
5 Hot Dog Express Unit 3 Block 41 A
ARTICLE II
INDEMNITY, REPAIRS,ALTERATIONS AND INSURANCE
2.01 INDEMNITY AND NONCLAIM:
LESSEE hereby declares itself fully familiar with the physical condition of the leased premises and the improvements, fixtures and equipment leased herein, and declares that said premises were in good condition when possession of same was accepted and that there were no latent defects in the facilities as those facilities are deemed vital to the use of the premises for their intended commercial purpose.
LESSEE for itself, its agents, employees, servants, successors and assigns promises to hold harmless and indemnify LESSOR from and against any and all claims by or on behalf of any person, whether legal or equitable, including governmental bodies, arising from the conduct or management of or from any work or thing done and from any conditions of the leased buildings or other structures, sidewalks, driveways, or parking areas and facilities on the leased premises or any street, 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 proceeding brought thereon.
LESSEE agrees for itself, its agents, servants, employees, invitees, successors and assigns that it will not bring suit against the LESSOR or assign any cause of action resulting from accident, fire, noise, or disturbance from the operation, maintenance, and accident.
LESSEE also holds LESSOR harmless for any damage to or destruction of LESSEE'S property located on leased premises, including that caused by natural occurrence, or any other cause whatsoever, unless caused by LESSOR'S employees, agents, or representatives, while said employees, agents or representatives are acting in the course or scope of their duties for the LESSOR.
2.02 LESSEE'S DUTY TO REPAIR:
LESSEE shall, throughout the term of this lease, take good care of the leased area and the fixtures and appurtenances therein and at its sole cost and expense make all repairs, whereby structural or non-structural, thereto as and when needed to preserve them in good working order and condition. In this regard, LESSEE is responsible for the maintenance and repair at LESSEE'S sole cost and expense of
6 Hot Dog Express Unit 3 Block 41 A all windows, doors, plumbing, electrical, light fixtures, plumbing fixtures, air conditioning system, painting of interior and exterior walls when needed, floor covering and other non-structural repairs. As well as structural repairs including the roof, walls, whether interior or exterior, foundation and any other structural component of the building. Necessary modifications to the demised premises to comply with the Americans with Disabilities Act will be the responsibility of the LESSEE.
Damage or injury to the premises, fixtures, appurtenances whether requiring structural or non-structural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of LESSEE, its servants, employees, or licensees, shall be repaired promptly by LESSEE at LESSEE'S sole cost and expense, to the satisfaction of LESSOR.
2.03 ALTERATIONS:
LESSEE is granted the right to make alterations to the leased area, at LESSEE'S sole cost and expense, subject to the following terms and conditions:
(a) LESSEE must first obtain the written consent of LESSOR. LESSOR reserves the right to reject any proposed extension, repair or alteration, any particular contractor or each and every subcontractor, or the complete project.
(b) Ultimate title to an alteration properly consented to by LESSOR will rest with LESSOR immediately upon completion and will remain in LESSOR'S possession at termination of LESSEE'S tenancy.
(c) Trade fixtures, movable furniture, and other service equipment of LESSEE peculiar to LESSEE'S business are not to be included in alterations, and must be removed by LESSEE, upon termination of lease, provided LESSEE is not in default of lease obligations.
LESSOR reserves the right to demand that LESSEE restore the premises to reasonably the same condition and state as the premises were found prior to making such alterations, in a manner acceptable to LESSOR, and to demand that LESSEE pay all costs of such restoration upon termination of lease.
LESSEE further agrees that any damages as may be caused by the installation or removal of trade fixtures discussed in condition (c), will bind
7 Hot Dog Express Unit 3 Block 41 A
LESSEE to repair said damage expeditiously at LESSEE'S sole expense upon written notice by LESSOR.
LESSOR maintains and reserves the right to make alterations and remodeling changes, provided said work does not unduly or unreasonably interfere with LESSEE'S day-to-day operations and business.
2.04 INSURANCE:
(a) Fire and Extended Coverage Insurance: The leased area is covered under the LESSOR'S Master Insurance Coverage. Premiums are paid by the LESSOR for its sole benefit and protection.
(b) Contents: Insurance on the contents of .the leased area is the sole responsibility of the LESSEE.
c) Public Liability Insurance: LESSEE agrees to iI'l:demnify and hold LESSOR harmless from any and all claims, damages, causes of action, cost and expense, including attorney's fees resulting from or related to LESSEE'S use and occupancy of the leased premises, except any such claims, damages, causes of action, costs and expenses arising out of the negligence or willful act of LESSOR, its employees, agents, or representatives from and against which LESSOR shall indemnify and hold LESSEE harmless. In this connection, LESSEE shall carry and maintain public liability and property insurance in the amount of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate in which LESSOR shall be named as additional insured. Such policies shall provide that same shall not be cancelled without thirty (30) days prior written notice to LESSOR, and LESSOR shall be furnished, within thirty (30) days from the effective date of this lease, with a copy of such proof of insurance. However, LESSEE shall maintain Public Liability Insurance at all times throughout the term of this lease. LESSOR reserves the right to make its acceptance of an insurance company a condition of this lease such that disapproval or revocation of approval thereof shall authorize LESSOR to terminate the lease.
8 Hot Dog Express Unit 3 Block 41 A
ARTICLE III
DEFAULT, HOLDING OVER AND ABANDONMENT
3.01 LESSEE'S DEFAULT:
It is covenanted and agreed to by both parties that in the event that:
(1) LESSEE should fail to timely pay the full amount of rent and fees provided for herein; or
(2) LESSEE defaults in the performance of any of the covenants, conditions, or agreements provided for herein to be kept and performed by LESSEE, including, but not limited to, the provisions for carrying Public Liability Insurance; or
(3) LESSEE permits the leased premises to be used for any unauthorized or unlawful business or purpose; or (4) LESSEE assigns or subleases or otherwise transfers this lease; or (5) LESSEE files a voluntary petition of bankruptcy to make a general assignment for the benefit of creditors; or (6) LESSEE abandons the premises or leaves the premises vacant or unoccupied for thirty (30) consecutive days;
Then, and in any event, the LESSOR may, at its option and without waiving any other rights that LESSOR has under this contract, at any time after such default, give notice of this specific default or failure of performance and demand immediate correction of such default or failure of performance by the LESSEE. In the event that LESSEE fails to remedy the default or to correct the failure of performance within thirty (30) days after service of such written notice, the LESSOR shall have the right to:
(a) Terminate the lease and re-enter the leased premises and remove all persons and any and all personal property therefrom, at LESSEE's sole cost and expense, and LESSEE hereby agrees to surrender the premises to LESSOR, without waiving LESSOR'S right to past and future rents due hereunder. In such event, LESSOR may re-let the premises to other prospective LESSEES for the remainder of the term of this lease, and LESSEE shall be liable for any loss to LESSOR incurred in such re-Ietting for the terms of this lease, including but not limited to, rent, attorney's fees, if any; and/or
9 Hot Dog Express Unit 3 Block 41 A
(b) Remedy the default and deduct the expenses incurred in remedying such default from the security deposit held by LESSOR pursuant to the terms of · this lease.
Notwithstanding any provision as to notice in this lease contained, if in the LESSOR'S reasonable judgment the continuation of any default by the LESSEE for the full period of the notice otherwise provided for herein will jeopardize the leased area or the rights of LESSOR, the LESSOR may, without notice, elect to perform those acts in respect to which LESSEE is in default, at LESSEE'S sole cost and expense, and LESSEE shall thereupon reimburse the LESSOR within ten (10) days of written request by LESSOR to LESSEE for such reimbursement. Failure of the LESSEE to reimburse in these circumstances shall mean that the LESSOR has the immediate right to terminate this lease.
3.02 RIGHTS ON DEFAULT:
LESSOR shall have a statutory LESSOR'S lien on all merchandise, goods, chattels, implements, fixtures, tools, furniture, machinery and any other personal property which LESSEE now or at any time hereafter may place in or upon the premises, all exemption of said property, or any part of it being herein expressly waived by the LESSEE.
LESSOR IS HEREBY GRANTED AN EXPRESS CONTRACTUAL LESSOR'S LIEN ON THE ABOVE GOODS, ALL OR ANY EXEMPTION BEING HEREBY WAIVED BY LESSEE, BUT WITHOUT LIMITING LESSEE'S RIGHT TO SELL, EXCHANGE OR REPLACE SUCH GOODS FROM TIME TO TIME IN THE ORDER OR COURSE OF BUSINESS OR TRADE.
Default on rent entitles LESSOR, at its option, to take whatever lawful action reasonably necessary to protect LESSOR'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 rent due, without waiving LESSOR'S right to the total rent due.
3.03 ATTORNEY'S FEES:
In case LESSEE defaults in the performance of any of the terms, covenants, agreements or conditions contained m this lease and LESSOR places the
10 Hot Dog Express Unit 3 Block 41 A
enforcement of the terms of this lease, or any part thereof, or the collection of any rent due, or to become due hereunder, or recovery or possession of leased premises, in the hands of an attorney, or files suit upon same, LESSEE agrees to pay LESSOR reasonable attorney's fees and payment of same shall be secured in a like manner as herein provided as to lien for rent due.
3.04 HOLDING OVER:
Staying over past the term of this lease without the notice required by Section 1.03 hereof or beyond the extension term hereof will constitute the LESSEE, upon acceptance of rental payment by LESSOR, a month-to-month tenant, at a revised rental rate of one and one half (1.5) times the rate prior to holding over. All CPI rental adjustments occurring during such hold over tenancy shall be in effect based on the revised rental rate.
3.05 ABANDONMENT:
If the leased area is abandoned or vacated by LESSEE, for a period exceeding thirty (30) calendar days, LESSOR shall advertise and re-Iet the premises for the remainder of the term of this lease. Notwithstanding any other provision herein, if rent received including charges, does not equal rent and charges agreed to herein by LESSEE, LESSEE shall remain liable and herein agrees to pay and satisfy all deficiencies and all reasonable expenses incurred in reletting and repair of any damages.
3.06 LESSOR'S REPRESENTATION AND WAIVER:
Any representations by LESSOR regarding LESSEE'S leasehold interest are embodied in this writing.
The waiver by LESSOR to LESSEE of performance of any provision of this Agreement shall not amount to a future waiver of strict performance of such provision or any other provision of this agreement. Any waiver of this Agreement shall be in writing and approved by the LESSOR.
3.07 ANTI·DISCRIMINATION CLAUSES MANDATED BY FEDERAL GOVERNMENT:
(a) TITLE VI OF THE CIVIL RIGHTS ACT OF 1964: The LESSEE for itself, its agents, servants, employees, successors and assigns, as a part of the
11 Hot Dog Express Unit 3 Block 41 A consideration hereof, does hereby covenant and agrees to a covenant running with land that:
1. No person on the grounds of race, color or national origin shall be excluded from participating in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities;
2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be e~cluded from participation in, denied the benefits of, or otherwise be subjected to discrimination;
3. That the LESSEE shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CPR part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended;
4. That in the event of breach of any of the preceding nondiscrimination covenants, LESSOR shall have the right to take such action, anything to the contrary herein notwithstanding as the United States may direct to enforce this nondiscrimination covenant.
(b) That the LESSEE shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CPR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation and as said Regulations may be amended.
(c) That in the event of breach of any of the preceding nondiscrimination covenants, the LESSOR shall have the right to terminate the license, lease, permit, etc., and hold the same as if said lease had never been made and issued.
12 Hot Dog Express Unit 3 Block 41 A
ARTICLE IV
MISCELLANEOUS
4.01 NON-EXCLUSIVE USE:
It is understood that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right unless specifically identified herein.
4.02 CAPTIONS:
Articles and headings are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of any provision hereof, nor are they meant to bind the LESSOR or LESSEE to the meaning of such heading.
4.03 CONSTRUED PURSUANT TO TEXAS LAW:
This agreement shall be construed under and in accordance with the laws of the State of Texas, and performed in Webb County, Texas.
4.04 RE-ENTRY:
No re-entry, repossession, operations, or reletting of the premises or of fixtures and equipment shall be construed as an election by LESSOR to terminate this lease unless a written notice of such intention to terminate is given by LESSOR to LESSEE and notwithstanding any such operation or reletting without terminating this lease, LESSOR may at any time thereafter elect to terminate this lease.
4.05 BlNQJNG AGREEME~
Subject to the provisions herein, all agreements, terms, obligations, covenants, and conditions of this lease shall be binding upon and inure to the benefit of the parties hereto and their respective employees, agents, servants, legal representatives, successors, and assigns unless otherwise prohibited or otherwise noted in this instrument.
13 Hot Dog Express Unit 3 Block 41 A
4.06 NOTICES:
Any notices which are required hereunder, or which either LESSOR or LESSEE may desire to serve upon the other shall be in writing and shall be deemed served when deposited in the United States mail, postage prepaid, return receipt requested, addressed to LESSEE as follows:
Laura Salcedo Hot Dog Express Suite B 1000 Hidalgo St. Laredo, Texas 78040 and to LESSOR:
Office of the Civic Center Complex Manager 2400 San Bernardo Laredo, Texas 78040
4.07 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS:
Further, LESSEE, will keep and maintain the leased area in a clean and healthful condition and comply with the laws, ordinances, orders, rules and regulations (State, Federal, Municipal and other agencies or bodies having any jurisdiction hereof) with reference to use, conditions, or occupancy of the leased area.
4.08 OUTSIDE STORAGE PROHIBITED:
Storage of vehicles, equipment, supplies, or any other items outside of the leased building(s) is prohibited, unless the storage area is fenced and approved by the LESSOR.
4.09 FIRE CLAUSE:
Should the leased area be destroyed by fire or casualty to the extent that it is no longer reasonably appropriate for LESSEE'S use and occupancy of said premises, LESSEE shall have the option of canceling this lease upon written notice to LESSOR within thirty (30) days of the date the premises are rendered
14 Hot Dog Express Unit 3 Block 41 A untenantable or restoring said leased area in a reasonable, sufficient, and timely manner at LESSEE'S sole cost and expense, in which case this lease shall continue in accordance with all of its terms and conditions. Failure of LESSEE to give notice of cancellation within said thirty (30) day period shall mean that the LESSEE exercises its option to continue the lease in force and effect. Rental during the period that the premises are being restored hereunder shall be abated.
4.10 AREA SURROUNDING BUILDING:
In addition to LESSEE'S obligations to maintain the building herein leased, LESSEE agrees to maintain in a safe, clean, well-kept and orderly condition the immediate area surrounding said building. It is agreed in this connection that the LESSEE shall keep said area free from litter or other unsightly trash, or refuse, will keep the grass cut, the weeds controlled, will water the lawn and trees when needed and will maintain the outside of the building and said area in a neat and orderly fashion.
LESSOROreserves the right to maintain or have maintained the building(s) and/or grounds associated with the lease agreement for environmental and/or~ public health reasons. LESSEE agrees to promptly reimburse LESSOROfor all expenses incurred in the maintenance of building(s) and/or grounds, within ten (10) days of receipt of statement. Failure to do so will constitute breach of contract and LESSEE will be in default of the lease agreement.
4.11 GARBAGE STORAGE AND DISPOSAL:
LESSEE agrees to store all accumulated garbage in a neat and clean manner, as an essential element of its responsibilities for neatness of the premises, LESSEE herein also agrees that garbage carrying and disposal is its sole responsibility, and agrees to comply with all rules and ordinances of the City and State regarding storage and disposal.
4.12 IMPROVEMENTS VESTED IN LESSOR:
The parties agree that the obligation and promise of LESSEE, as expressed herein, to make repairs and improvements and maintain the leased premises is a part of the total consideration for this lease agreement. Therefore, all right, title, and interest in and to said repairs or improvements shall at all times herein be vested in LESSOR, subject only to the right of LESSEE to the use and possession of said building and improvements during this lease term plus any extensions
15 Hot Dog Express Unit 3 Block 41 A hereof as provided in said lease so long as LESSEE is not in default or any of the terms of this agreement. It shall be the obligation of LESSEE to maintain and repair the said leased area and improvements during the term of this lease or any extension thereof. Upon termination, interest in and to the said repairs or improvements shall remain vested in LESSOR, and LESSEE shall not have any further rights therein nor be entitled to any reimbursement by reason of LESSEE'S maintenance, improvements, repair or use of said leased area.
The parties agree that as of the date of execution of this contract there exists no provisions, stipulations, covenants, or agreements which would prohibit LESSEE from using the leased premises for the purpose set forth in Paragraph 1.08, entitled "Use and Use Conflict" in this Agreement.
4.13 SUBSTANTIAL IMPROVEMENTS OR DEMOLITION BY LESSOR:
Building is leased "AS IS" and there is no expressed or implied warranty on the condition or suitability of the building.
If LESSOR contemplates making substantial improvements or demolishing the premises LESSOR retains the right to exercise its sole discretion in this regard. If LESSOR makes substantial improvements to the premises, LESSEE has the option to terminate the lease agreement by giving the required notice or continuing with the lease agreement provided that the rent obligation shall be amended to what the fair marked appraised rental is determined to be by the LESSOR'S appraiser during the duration of the improvements to the premises and provided that the rent obligation shall be amended again after improvements are complete.
If LESSOR demolishes building, this contract will be void and no further obligation will exist between LESSEE and LESSOR.
4.14 TIME OF ESSENCE:
Time is of the essence in this agreement.
4.15 PREMISES LEASED "AS IS":
Premises are leased "AS IS" and there is no expressed or implied warranty on the condition or suitability of the building.
16 Hot Dog Express Unit 3 Block 41 A
4.16 PROVISIONS:
Any provision in this Lease which proves to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof and the remainder of this Lease shall remain in full force and effect.
4.17 AGREEMENT:
This Agreement consists of Article I through IV and EXHIBIT A. It constitutes the entire 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 and LESSEE. LESSEE agrees that no representations or grant of rights or privileges shall be binding upon the LESSOR unless expressed in writing in this Agreement.
17 Hot Dog Express Unit 3 Block 41 A
EXECUTED ON THIS __ DAY OF APRIL, 2009.
LESSOR LESSEE: CITY OF LAREDO HOT DOG EXPRESS
By: ______By: ______CARLOS VILLARREAL Laura Salcedo CITY MANAGER Hot Dog Express
ATTEST: APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY
GUSTAVO GUEVARA, JR. CITY SECRETARY B~GtM KRISTINA L. HALE ASSISTANT CITY ATTORNEY
18 COUNCIL COMMUNICATION
DATE: SUBJECT: INTRODUCTORY ORDINANCE 04/06/09 AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS TO GRANT AN EASEMENT TO AEP TEXAS CENTRAL COMPANY TO INSTALL ELECTRICAL FACILITIES TO SERVE SLAUGHTER PARK WITHIN BLOCK 707, EASTERN DIVISION. THE SAID EASEMENT CONTAINING 808.48 SQ. FT., BEING OUT OF LOT NUMBERS 5 AND 6, BLOCK 707, EASTERN DIVISION, CITY OF LAREDO, WEBB COUNTY, TEXAS AND BEING DESCRIBED ON ATTACHED EXHIBIT 1.
INITIATED BY: STAFF SOURCE: Cynthia Collazo, Miguel A. Pescador, Parks & Recreation Director Deputy City Manager Ronnie Acosta, CD Director I PREVIOUS COUNqL ACTION: None
BACKGROUND:
AEP Texas Central Company is requesting the City of Laredo grant an easement for the installation of electri'cal facilities at Slaughter Park.
The installation of said facilities will serve to provide electrical services within Block 707, Eastern Division, for Slaughter Park improvements.
That being the case, it is In the best interest of the City of Laredo to grant the above referenced easement to AEP Texas Central Company, as described on attached Exhibit 1.
FINANCIAL IMPACT: nla
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Staff recommends introduction of Ordinance. ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS TO GRANT AN EASEMENT TO AEP TEXAS CENTRAL COMPANY TO INSTALL ELECTRICAL FACILITIES TO SERVE SLAUGHTER PARK WITHIN BLOCK 707, EASTERN DIVISION. THE SAID EASEMENT CONTAINING 808.48 SQ. FT., BEING OUT OF LOT NUMBERS 5 AND 6, BLOCK 707, EASTERN DIVISION, CITY OF LAREDO, WEBB COUNTY, TEXAS AND BEING DESCRIBED ON ATTACHED EXHIBIT 1.
WHEREAS, AEP Texas Central Company is requesting the City of Laredo grant an easement for the installation of electrical facilities at Slaughter Park, and
WHEREAS, The installation of said facilities will serve to provide electrical services within Block 707, Eastern Division, for Slaughter Park improvements, and
WHEREAS, That being the case, it is in the best interest of the City of Laredo to grant the above-referenced easement to AEP Texas Central Company, as described on attached Exhibit 1.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
A. It hereby authorizes the City Manager's to execute all necessary documents granting an easement to AEP Texas Central Company to install electrical facilities to serve Slaughter Park within Block 707, Eastern Division. The said easement containing 808.48 sq. ft., being out of Lot Numbers. 5 and 6, Block 707, Eastern Division, City of Laredo, Webb County, Texas, and being described on attached Exhibit 1;
B. This Ordinance shall become effective upon passage thereof.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS DAY OF ,2009.
RAUL G. SALINAS MAYOR
1 ATTEST:
GUSTAVO GUEVARA, JR CITY SECRETARY
APPROVED AS'TO FORM: RAUL CASSO'; J CITY ATJO~~Y 't;J!:',--'/ .... {. / / ;'.. 1JjCf-'7!j,d·;-' / q By: Y / ljj--!'L._...... » ... -. A':NTBON'Y C. McGETTRICK ASSIST~TCITY ATTORNEY
2 c: 4qQ.-OHltJG (CORPORATION) REV. 10/08 Town: Laredo,TX Description: Install underground electrical facilites to serve County: Webb the City of Laredo "Slaughter Park, Phase II Submitted by: JDH located at 202 Hendricks Date: 0212612009 WR. # 2&680819
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST ll~ REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE.
EASEMENT AND RIGHT OF WAY
CITY OF LAREDO, A MUNICIPAL CORPORATION, ("Grantor"), whether one or more, for and in consideration ofTen & No/IOO Dollars ($10.00), and other good and valuable consideration to Grantor in hand paid by AEP Texas Central Company, a Texas Corporation, whose address is P.O. Box 2121, Corpus Christi, Texas 78403 ("Grantee") the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY unto Grantee, its successors and assigns, a perpetual easement and right of way for electric distribution lines, consisting of poles made of wood, metal, or other materials, crossanns, static wires, guys, wire circuits, underground cables and conduits, communication circuits, insulators, metering equipment and all necessary or desirable appurtenances (including, but not limited to, transfonners, meters, vaults, and service pedestals) over, under, across, and upon the following described land located in Webb County, Texas, to wit:
. SEE ATTACHED EXHIBIT "A" AND EXHIBIT "B".
Together with the right of ingress and egress over, under, across and upon said land and Grantor's adjacent land for the purpose of constructing, operating, reconstructing on poles or burying and replacing underground cables and conduits (including necessary ditching and backfilling), enlarging, inspecting, patrolling, repairing, maintaining, upgrading and removing said lines, circuits, lUldergroWld cables and conduits, poles, wires and appurtenances; the right to relocate along the same general direction of said lines, cables, and conduits; and the right to remove from said land all structures, obstructions, trees and parts thereof, using generally accepted vegetation management practices which may, in the sole judgment of Grantee, endanger or interfere with the safe and efficient operation and maintenance of said lines, cables, conduits or appurtenances.
Grantor reserves the ri~ht to use the land subject to said easement and right of way in any way that will not interfere with Grantee's exercise of the rights hereby granted. However, Grantor shall not construct or pennit to be constructed any house or other above grolUld structure on or within the easement area without the express written consent of Grantee.
TO HAVE AND TO HOLD the above described easement and rights unto the Grantee, its successors and assigns forever. Grantor binds himself, his heirs, assigns, and legal representatives to warrant and forever defend all and singular the above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.
EXECUTED tbis _____ day of ______--', 2009.
CITY OF LAREDO, A MUNICIPAL CORJ>ORA TION (Name of Corporation)
By: ~~ ______~ Carlos Villarreal, City Manager (Typed Name and Title) EXHIBIT ACKNOWLEDGMENT FOR CORPORATIONS, PARTNERSHIPS, ASSOCIATIONS, ETC.
STATE OF TEXAS § COUNTYOF ~ § § This instrument was aclmowledged before me on this ____ day of
20 09 ,by Carlos Villarreal City Manager (name) (title) of City of Laredo, a Municipal Corporation on behalf of (name of corporation, partnership, association, etc.) said Corporation (corporation, partnership, association, etc.)
NOTARY PUBLIC; State of Texas
.-:.:...... -: Notary's Typed or Printed Name ..... ' 4:.:.:. .... ' (Seal) Notary's Commission Expires: ______...... :~ : : : : : .. :: :: : :
'\ .,
C IT Y 0 F L ARE D 0 E 11 G 111 E E R 111 G DE PAR T ME 11 T
l..AREDO, -rEX~S 1755 A 808.48 SQ.FT. TRACT OF LAND FOR AN AEP EASEJ.\tIENT
An AEP Easement containing 808.48 .sq.ft., being out of Lot Nos. 5 & 6, Block No. 707, Eastern Division, City of Laredo, Webb County, Texas; said 808.48 sq.ft. tract ofland being more particularly described by metes and bounds as follows:
COMMENCING at a set iron pin on the northeast comer of Block No. 704, Eastern Division, as recorded in volume 7, page 15, of the Plat Records of Webb County, Texas;
THENCE, SOUTH, along the west right-of-way line of Stone Ave., a distance of 1,277.76 feet to a point on the southeast comer of said Block No. 707, for the POINT-OF-BEGINNING hereof;
THENCE, N73°04'15"W, a distance of76.87 feet to an exterior comer and point of deflection to the left;
THENCE, WEST, a distance of 12.00 feet to an exterior comer and point of deflection to the left;
THENCE, SOUTH, a distance of 12.00 feet to an exterior comer and point of deflection to the left;
THENCE, EAST, a distance of 10.21 feet to an interior comer and point of deflection to the right;
THENCE, S73°04' 15"E, a distance of35.66 feet to a point on the south boundary line of said Block No. 707, for an exterior comer and point of deflection to the left;
THENCE, EAST, along the south boundary line of said Block No. 707, a distance of 41.21 feet to the POINT-OF BEGINNING ofthis tract ofland, containing 808.48 sq.ft. in the City of Laredo, Webb County, Texas.
I, ROGELIO RIVERA, a Registered Professional Land Surveyor, do hereby certify that the foregoing description is true and correct to my best knowledge and belief and was prepared from an actual survey on the ground and from office records nd available and made under my supervision on July 22 ., 2008.
WITNESS MYHAND AND SEAL THIS 4th. DAY OF AUGUST, 2008.
ROGELIO RNERA, P.E., CITY ENGINEER R.P.L.S. Texas No. 3052 .. : .. ~'" . '.,......
EXHIBIT \ ~ CHACON ST. _
BLK. 704 E.D. CO MENCING POINT ~'C= A s t ~ Iron Pin at the PIEDRA CHINA ST. nort west corner of Block 704, Eastern Division, City BLK. 705 E.D. of L redo, Webb County, C Tex s. GREEN ST. C:N~ BLK. 706 E.D. BLK. 714 E. D. s.~P. SET IRON PIN MERCER ST. • POWE~ POLE 155.56' - R.O.W. O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS WEBB COUNTY, TEXAS.
Reference ~r~ 1 ' Property owher of Block . PK nail at Ston~ St. @ Chacon, A~e. No. 707, Ealstern Division: ~ @ PK nail at Ston~ St. Marion Avr. City of Larekjo, as per ~ Warranty De~d Recorded N. Basis for Bearidgs: 1 in Volume 11654, Pages .- I The bearings fpr this survey wrre 548-557, 1.P.R.W.C.T. ~I based by taking the west R.O.W. f- w I Line of Stone ve. as true NOrh. >~ t «~ 0 ~I 0::: W 1 I 2 3 I 4 ~ll n O~ r--- I BLK. 1707 E.D. I I-rrito '-'" Y:: --~-- ...J -----1---+-. m 8 1 7 1 6 1 5 AEP Ease~ent Area I I 808.48 s .ft.
1 I 1 WEST
1 12.00' PINT OF BEGINNING I 1 1
1 L _1- L_ EAST __H __ t--,--=-WOOSTER ST. ------10.21'" (55.56' - R.O. W. COUNCIL COMMUNICATION
DATE SUBJECT: Fli~AL READING OF ORDINANCE NO 2009-0-045 AMENDING CHAPTER 28 ARTICLE II ENTITLED "EXCAVATIONS" OF 4/6/2009 THE LAREDO CODE OF ORDINANCES, DIVISION I, II, III AND IV, SECTIONS 28-16 THRU 28-78, SAVE AND EXCEPT FOR SECTIONS 28-40, BY DELETING SAID SECTIONS AND ADDING ARTICLE IX TO BE ENTITLED "PUBLIC RIGHT OF WAY MANAGE:MENT" SECTIONS 28-164 THRU 28-239; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000); AND PROVIDING AN EFFECTIVE DATE. (AS AMENDED)
INITIATED BY: STAFF SOURCE: HORACIO DE LEON ERASMO A. VILLARREAL, ASSISTANT CITY MANAGER BLDG DEVELOPMENT SERVICES DIRECTOR SANTOS REYES, PUBLIC R.O.W. MANAGER LUCIANO GARCIA, OPERATIONS MANAGER TRAFFIC PREVIOUS COUNCIL ACTION: NONE
BACKGROUND:
THE CITY MUST MAINTAIN CONTROL OF ALL ACCESS OF THE PUBLIC RIGHT OF WAY TO PROTECT THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS. THE PUBLIC RIGHT OF WAY IS UTILLIZED FOR STREETS, DRAINAGE AND PLACEMENT OF UTILITIES. THE CONTROL OF NEW CONSTRUCTION AND OR REPAIRS OF STREETS IS NECESSARY TO ENSURE THE SAFETY OF THE MOTORING PUBLIC. THE CITY STAFF WISHES TO MINIMIZE THE NUMBER OF STREET CUTS BY COORDINATING ALL PROJECTS WITH ALL RIGHT OF WAY USERS AND WILL MAKE ALL USERS COMPLY WITH STANDARDS AND REQUIREMENTS FOR COMPACTION, BACK FILL AND PAVEMENT RESTORATION. THE CITY STAFF WILL SAFE GUARD THE TRAVELING PUBLIC AND EMPLOYEES WORKING IN THE PUBLIC RIHT OF WAY BY MANDATING TRAFFIC CONTROL PLANS WHEN NEEDED.
FINANCIAL IMPACT:
THE ORDINANCE ESTABLISHES NEW FEE SCHEDULE OF $50.00 FOR REGISTRATION OF RIGHT OF WAY USERS. THE STREET CUT PERlVIIT FEE INCREASES FROM $25.00 TO $50.00. THE INSPECTION FEE WILL BE ESTABLISHED AT $200.00 FOR INSPECTIONS. THE FUNDS WILL BE DEPOSITED INTO ACCOUNT NUMBER 101-0000-353-1010. THE ORDINANCE ALSO ESTABLISHES AN ANNUAL FEE OF $2.50 PER LINEAR FOOT FOR FIBER OPTIC CONDUIT LICENSE FUNDS WILL BE DEPOSITED INTO ACCOUNT NUMBER 101-0000-311-1060. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: STAFF RECOMMENDS APPROVAL OF THIS ORDINANCE ORDINANCE NO - 2009-0-045
AMENDING CHAPTER 28 ARTICLE II ENTITLED "EXCAVATIONS" OF THE LAREDO CODE OF ORDINANCES, DIVISION I, II, III AND IV, SECTIONS 28-16 THRU 28-78, SAVE AND EXCEPT FOR SECTIONS 28-40, BY DELETING SAID SECTIONS AND ADDING ARTICLE IX TO BE ENTITLED "PUBLIC RIGHT OF WAY MANAGEMENT" SECTIONS 28-164 THRU 28-239; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City is charged with maintaining control of and access to the Right of Way in order to protect the health, safety and welfare of its citizens; and
WHEREAS, excavations in City Streets may significantly interfere with the public use ofthe Streets thereby resulting in a negative impact on air quality, parking and business to local merchants; and
WHEREAS, excavations in paved Streets may significantly degrade and shorten the life of the surface of the Streets, and increase the frequency and cost to the public ofrequisite resurfacing, maintenance and repair, regardless of the quality of restoration; and
WHEREAS, it is desirable to adopt regulations that will provide the City greater control over the right of way in City Streets; and
WHEREAS, substantial public funds have been invested to build, maintain and repair the City Streets that are held as an asset in trust for its citizens, it is necessary to protect the structural integrity of the streets and safeguard the value of this public investment for the benefit of City residents; and
WHEREAS, providing incentives to reduce the number of Excavations also encourages coordination among Utilities and ensures Excavations are performed, to the extent possible, in Streets scheduled for resurfacing within the same or succeeding fiscal year as the Excavation; and
WHEREAS, when a repair fails in a paved Street that is not scheduled for resurfacing within the same or succeeding fiscal year, the Excavator should be required to make repairs necessary for proper use and appearance of the street, as Excavations and faulty repairs cause the greatest damage in newly surfaced Streets; and
WHEREAS, entities making and benefiting from an Excavation in a City street also should comply with standards and requirements for compaction, backfill and pavement restoration and resurfacing . that ensures the best possible restoration of the paved surface over and adjacent to the trench; and
WHEREAS, regulation of Excavations in City Streets helps reduce disruption of and interference with public use of the Streets, helps prevent pavement damage, helps maintain the safe condition of the Streets, protects the public health, safety and welfare, is a valid and appropriate exercise ofthe 1 City's police power, and is a municipal responsibility; and
WHEREAS, the City Council find there is increasing demand for use of the Public Right of Way; and
WHEREAS, Chapter 283 of the Texas Local Government Code the (Act, 1999, 76th Leg., ch 840, et seg.) ("Act"), sets forth certain regulations governing municipalities and Certificated Telecommunications Providers ("CTPs"); and
WHEREAS, it is the City's responsibility to update its Code to be consistent with that of the Texas Local Government Code and to exercise the maximum authority preserved to local governments following creation of Chapter 283 of the Texas Local Government Code while at the same time to craft fair and reasonable rules for the use of The City's Public rights-of-way by entities not falling under the protection of Chapter 283, and
WHEREAS, this Ordinance is intended to promotes compliance with the Texas Utilities Code .
. ARTICLE IX PUBLIC RIGHT OF WAY MANAGEMENT
DIVISION 1. GENERAL PROVISIONS
SECTION 28-164 ADMINISTRATION
The City Manager is the principal City official responsible for the regulation ofthe same and ordinances related thereto. The City Manager will delegate any and all duties hereunder to the Building Development Services Director.
(a) The position ofRight ofWay Manager in the Building Development Services Department is hereby established The Right ofWay Manager in the Building Development Services Department shall have the duties and responsibilities as specified by the Director.
(b) The position ofUtility Coordinator is hereby established The Utility Coordinator shall supervise Utility construction projects and Utility inspections.
The Director is authorized by the governing body with the written approval of the City Manager to petition the Public Utility Commission should a CTP be in violation ofany ofthe terms ofthis Chapter.
SEC. 28-165 DEFINITIONS
The following definitions apply in this chapter ofthe City Code. The terms. phrases. words, abbreviations. and their derivations shall have the same meanings herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number. and words in the singular include the plural. The word "shall" is mandatory and not mereiypermissive. 2 (a) ABANDONED FACILITIES means Facilities no longer in service or physically disconnected form the operation Facilities, or from any other Facilities that are in use or that still carry Service for a consecutive period o{time in excess oftwo (2) years unless, within the aforesaid two year period, the City receives written confirmation and reasonable evidence that the ROW User intends to use the Facilities.
(b) ADMINISTRATIVE FEE means the fee charged by the City to recover its costs incurred for Right of Way management; including, but not limited to, costs associated with registering Applicants; issuing, processing, and verifying Right of Way Permit applications; inspecting job sites and restoration improvements; determining the adequacy ofRight ofWay restoration; revoking Right ofWay Permits and other costs the City may incur in implementing the provisions ofthis Ordinance.
(c) APPLICANT means an owner or authorized agent of an owner, who submits an application for a Permit under these provisions o{the City Code.
(d) AREA OF INFLUENCE means that area around a Utility Excavation where the pavement and sub grade is impacted by the Excavation and is subject to more rapid deterioration due to the trench Excavation.
(e) BIG PROJECT is defined as a capital improvements project that requires street closure or lane closure ofmore than forty eight (48) hours to complete.
(f) CERTIFIED TELECOMMUNICATIONS PROVIDER or "CTP" means a Person who has been issued a certificate of convenience and necessity. certificate of operating authority. or Service provider certificate of operating authority by the Public Utility Commission ofTexas or "PUCT" to offer local exchange telephone service as defined by Section 283 of the Local Government Code or "the Act. "
(g) CITY means the City ofLaredo.
(h) CONTRACTOR means anypublic or private Person or organization other than the City ofLaredo.
(i) DAYunless stated otherwise, means a business day. which excludes Saturdays. Sundays and holidays recognized by federal or state government or the City.
(j) DEPARTMENT means the Building Development Services Department or a successor department that is responsible for management of the Right of Way and roadway infrastructure.
(k) DIRECTOR means the Director of the City Building Development Services or his or her designee.
3 (I) EMERGENCY or Emergency operations are defined as those operations and repairs necessary to prevent damage or injury to the health or safety ofthe public or any Person and the work necessary to address a service interruption. Upgrading ofFacilities, new service installation and neighborhood improvement projects are not emergency operations.
(m) EXCAVATION means an activity that removes or otherwise disturbs soil, pavement, driveways, curbs, or sidewalks in the Right ofWay and does include irrigation activity of the Right of Way.
(n) FACILITIES means the plant, equipment, andproperty, including but not limited to lines, poles, mains, pipes, conduits, ducts, cables, and wires located under, on, or above the surface of the ground within the Right of Way and valves and related Facilities and equipment used or useful for the provision of Utility services.
(0) FCC means The Federal Communications Commission.
(P) GOVERNING BODY means the Mayor and the City Council of the City of Laredo, Texas.
(q) GOVERNMENTAL ENTITY means any county, township, city, town. village, school district, library district, road district, drainage or levee district, sewer district, water district, fire district, or other municipal corporation, quasi-municipal corporation or political subdivision ofthe State of Texas or ofany other state o[the United States and any agency or instrumentality o[the State of Texas or of any other state ofthe United States or ofthe United States.
(r) MINOR ENCROACHMENT LICENSE - means the legal document outlining the rights and obligation ofa non-CTP owner ofa wire telecommunication system to be in the rights-ofway ofthe City.
(s) NEW STREET means the paved portion ofthe Right of Way that has been constructed, reconstructed. or resurfaced with an asphalt overlay, hot in place recycling, full-length reclamation, reconstruction or other structural Street maintenance treatment. "New Street" includes all concrete paved Streets, Streets constructed or structurally resurfaced during the preceding seven years, for a collector or arterial Street or during the preceding five years for a re:sidential Street or alley.
(t) PERMIT means a Permit issued under this Chapter authorizing excavation in the Right ofWay.
(u) PERMITTEE means any Person or Right of Way User (including its authorized agents and representatives) to whom a Permit is issued to Excavate a Right of Way.
(v) PERSON means any person, company, partnership, agency or other public or private entity including its authorized agents and representatives) except the City. 4 (w) REGISTRATION means the application process ofa ROW User to use any portion ofthe Right of Way.
(x) REPAIR means the temporary or permanent construction work necessary to make the Right of Way useable.
&) REPAIR AREA means that area around an Excavation where the pavement and sub grade is impacted by an Excavation.
(z) RESTORATION means the process by which an excavated Right ofWay and surrounding area. including pavement and foundation. is returned to the same condition. or better. than existed before the commencement o(the work.
(aa) RESURFACING means any repaving; overlay; seal or reconstruction which creates a new pavement surface over the entire width ofthe Street. excluding crack seals and localized base and pavement repairs.
(bb) RIGHT OF WAY or PUBLIC RIGHT OF WAY means the surface ot: and the space above and below. any Street. road. highway, freeway. lane. path. drainage way. channel. fee interest. public Way or place. sidewalk, alley. boulevard. parkway. drive. or other easement now or hereafter held by the City or over which the City exercises any rights ofmanagement or control and shall include but not be limited to all easements now held. or hereafter held. by the City but shall specifically exclude private property.
(cc) RIGHT OF WAY-CROW) USER means a Person. its successors and assigns. that uses the Right of Way for purposes of work. Excavation. provision of Services. or to install. construct. maintain and repair Facilities thereon. including. but not limited to. landowner and Service providers.
(dd) ROUTINE SERVICE OPERATION means a work activity that makes no material change to the facilities and does not disrupt traffic.
(ee) SERVICE means a commodity provided to a Person by means ofa delivery system that is comprised of Facilities located or to be located in the Right of Way including but not limited to gas. telephone. cable television. Internet services. Open Video Systems. alarm systems. steam. electric delivery. water. telegraph, data transmission. petroleum pipelines or sanitary sewage.
(fj) STREET means the pavement and sub-grade ofa City residential. collector or arterial roadway.
(gg) SUPPLEMENTARYAPPLICATION means an application made to excavate or obstruct more o(the Right of Way than allowed in or to extend a Permit that has already been issued 5 (hh) TMUTCD shall mean The Texas Manual on Uniform Traffic Control Devices, latest edition.
(iO UTILITY shall mean any privately or publicly owned entity which uses the public Right of way to furnish to the public any general public Service, including. without limitation, sanitary sewer, gas, electricity, water, telephone, petroleum products, telegraph. heat, steam or chilled water, together with the equipment, structures, and appurtenances belonging to such entity and located within and near the Right of Way. Poles are regulated herein only as specifically set forth in this Chapter.
(jj) "Utility Structure" shall mean any structure, cabinet, or any other appurtenance other than a pole or device attached to a pole which is owned or used by a utility company, cable company, or telecommunications provider to provide service. The phrase does not include devices or structures used to control or direct pedestrian or vehicular traffic on an adjacent roadway or infrastructure that provides water used for fire suppression.
(kk) "Above Ground Utility Structure" or "AGUS" shall mean any utility structure that extends higher than the surrounding grade.
(ll) "Video Service" has the same meaning as that set out in £66.002 ofthe Texas Utility Code or as may be amended
(mm) "Video Service Provider" has the same meaning as that set out in £66. 002 ofthe Texas Utility Code or as may be amended
(nn) WHITE LINING means marking the Excavation site with white washable marking paint or flags prior to requesting a Utility locate in order to further identify the site.
(00) WIRE TELECOMMUNICATION SYSTEM means a tangible closed facility for the transmission ofvoice, video or data services, including all instrumentalities, facilities and apparatus incidental to such transmission.
SEC. 28-166 UTILITY PLANNING AND COORDINATION COMMITTEE
A) Each Utility shall name a Utility coordinator who shall participate in the Utility Planning and Coordination Committee.
B) Unless barred by the law, annually on the first day ofOctober, each Utility shall prepare and submit to the Director a plan that shows all known plans of.foreseeable excavations in the paved portion o(the public rights-of-way anticipated to be done in the next three years or a statement that no excavations are planned The Utility shall report to the Director promptly any changes in the plan as soon as those changes become reasonably foreseeable.
6 C) The City may disclose information contained in a three-year plan to another Utility only on a need-to-know basis in order to facilitate coordination and avoid unnecessary excavation. Ifa Utility clearly and appropriately identifies information contained in the plan as confidential proprietary, a trade secret, or otherwise protected from disclosure, then to the maximum extent permissible under federal or homeland security and state, and local laws applicable to public records, the City shall not disclose that information to the public. Ifthe City determines that information is not clearly or appropriately identified, the City shall follow the procedures in the Texas Public Information Act for requesting a Texas Attorney General's Opinion regarding exemption ofthe information from disclosure.
D) A three-year repaving plan shall be prepared by the City Engineering Department showing all proposed repaving and reconstruction in the paved portion o(the rights-ofway, revise and update the plan on an annual basis after receipt o(the three-year plans from the Utilities, and make the plan available for public inspection.
E) The Director shall review and approve the three-year plans or plan available and identiC; conflicts and opportunities for coordination ofexcavations in the paved portion ofthe public rights-ofway.
F) If Utilities propose to do excavations in the same paved portion ofthe public rights-of way within a three-year period, the city shall issue permits for the work in a manner that maximizes coordination and minimizes the total period ofconstruction.
G) A developer shall provide a development with underground facilities for Utilities when required in accordance with Article III ofthe Land Development Code. The developer shall execute all required agreements relating tothe underground facilities, including easements, and provide proofto the city that the agreements have been executed.
H) The City may require conduit for underground facilities in the paved portion ofthe public rights-ofway.
1) The City or another Utility may at its discretion install conduit and/or other facilities of its own when a street is cut by a utility. Such conduit or other facilities shall be installed at the City's or Utility Company's cost, but the City shall not pay any part ofthe cost ofthe street opening.
SEC. 28-167 FIELD UTILITY COORDINATION
The ROW User shall notify the Department at each ofthe following times during a project: a) forty eight (48) hours before the start of construction; b) upon completion of the initial backfill; and c) upon completion ofthe project. The ROW User shall mark the site ofthe proposed Excavation with White Lining and/or flags prior to making a request for locates and actual Excavation. White lining is not required for Excavations more than 60 feet long unless the Excavation is located in pavers, cobblestone, pavements, sidewalks, or other public flatwork 7 The ROW User shall make a request for a Utility locate in accordance with the requirements of the Texas Underground Facility Damage Prevention and Safety Act, Texas Utilities Code Section 251.001.et sec.; not more than(fourteen) 14 days and not less than forty eight (48) hours prior to the commencement ofthe proposed Excavation. Such request shall be made to the ONE - CALL SYSTEM and the Utility Coordinator ofthe City. Such requests shall be made by telephone or facsimile and shall include the date, location, extent and reason for such proposed Excavation.
The use ofmarkers, stakes, poles, barricades or other devices shall be used as appropriate in such a way to avoid damage to adjoining property. The use of "Non-washable" markers is prohibited.
The ROW User shall mark the proposed Excavation site with paint and/or flags in colors established by the One-Call System. The markings shall be placed a distance ofnot less than five (5) feet in all directions from the outside boundary ofthe site to be excavated.
All Excavations shall commence within fourteen (14) days ofthe date ofthe Utility locate. In the event that the excavator (ails to commence work within fourteen (14) days of the Utility locate marks are not visible at the time the Excavation is scheduled to commence, the ROW User is required to request a new Utility locate.
Compliance with the Texas Utilities Code is required at all times.
All barricades, plates, cones, tramc directional equipment. and all other traffic control devices owned by the ROW User and used on or near any Excavation shall be clearly and visibly marked with the name ofthe Permittee and/or ROW Use for any project with duration ofmore than twenty four(24) Hrs as applicable. at all times such equipment is used on or near the Right of Way. An exception to the marking requirement may be made in the event the traffic control equipment is not owned by the Permittee or ROW User.
SEC. 28-168 NOTICE
Notice for purposes ofthis ordinance shall be made to City via. overnight courier (generally used carrier with tracing available). or hand delivery with signed receipt. facsimile to the Department. or registered or certified United States mail return receipt required. Notice may also be given bye-mail if receipt of the e-mail is acknowledged by an e-mail from the Department referencing the notice e-mail.
SEC. 28-169 REGISTRATION
All ROW Users. except a franchisee or licensee ofthe City that authorizes the Service provider to use the Public Right of Way and whose franchise or license shall serve in lieu of registration, must register with the City within thirty (30) days of e[fective date of this Ordinance. Any Person who is not an existing ROW User prior to the e[fective date ofthis 8 Ordinance and who wishes to become a ROW User must first register with the City. All ROW Users shall report all changes in its registration infOrmation within thirty (30) days ofsuch change. Except as set out above. No ROW User shall be authorized to utilize the Right ofWay in any capacity or manner without registering and obtaining the necessary Right of Way Permit trom the City.
SEC. 28-170 REGISTRATION INFORMATION
The information required for registration includes the following:
A) Identity and legal status ofROW User and names under which it will own and operate ofany Facilities on the Right of Way.
B) Name, address, telephone number, fax number and e-mail address ofofficer, agent or employee responsible for the accuracy o[the registration information.
C) Name, address, telephone number, fax number and e-mail address o[the local representative o[the ROW User who shall be available at all times to act on behalfofthe ROW User in the event ofan emergency.
D) /{applicable, certification number issued by Public Utilities Commission of . . Texas. (PUCT)
E) General Description ofServices to be provided.
F) Insurance and bonding information.
G) Employee Safety Certification InfOrmation.
H) ROW users shall provide all such other information as may be reasonably required by the City to complete the registration statement.
SEC. 28-171 EMPLOYEE SAFETY CERTIFICATION
The ROW User operating Facilities or constructing Facilities in any Public Right ofWay is responsible for the safe movement of pedestrian and vehicular traffic through the construction area. The ROW User shall obtain traffic control training through a City approved training organization for a sufficient number of employees working within the Right of Way such that a trained employee is present at the job site during construction activities. The ROW User shall meet altrequirements for barricading and traffic control as specified in the TMUTCD. Alternative trainingprograms may be submitted to the Director for City approval, such as in-house safety training that complies with TMUTCD requirements. Only those individuals, who are qualified by means ofadequate training in safe traffic control practices and have a basic understanding ofthe principles established by applicable standards and regulations, including those in TMUTCD, shall place and maintain the traffic control devices in the construction area. Training records shall be maintained 9 current by ROW User at all times. Upon request o(the Director. the ROW User shall make such records available within a reasonable time.
SEC. 28-172 FOR UTILITY PLANNING AND COORDINATION GUIDE
Please see Utility Planning and Coordination guide as adopted by ordinance 2005-0-022
SEC. 28-173 REPORTING OBLIGATIONS
All ROW Users except a franchisee shall provide on demand, proofofany necessary Permit. license. certification. grant. registration. franchise agreement or any other authorization required by any governmental entity. including. but not limited to. the City. State or Federal Government. including a description of the ROW User's intended use of the Right of Way, information sufficient to determine whether the ROW User is subject to franchising or licensing by the City. and information to determine whether the ROW User has applied for and received any certificate of authority required by the PUc. The intormation provided shall be sufficient to determine that the ROW User has applied tor and received any Permit or other approvals required by the FCC. ROW Users shall provide all such other intormation as may be reasonably required by the City to complete the registration statement.
SEC. 28-174 PERMIT REQUIRED
It is unlawful tor any Person. its agents. servants or employees to dig. plow. blast. make cuts. openings. bore. excavate or use the Right of Way tor any purpose without first having made application and obtained a Permit. It is unlawful tor any Person. its agents. servants or employees to make or cause to be made any Excavation in or under the surface ofany Right of Way tor the installation. repair or removal of any Facilities or tor any other purpose without first obtaining from the Director a Permit in compliance with this chapter.
A) Betore issuing a Permit. the Director shall have been provided a written application on a torm furnished by the Director setting torth the name and residence or business address of the Applicant. the location and approximate area of the Excavation. including its approximate length and width. and, ifthe Excavation is in a Street; whether it is parallel or transverse to the direction of the travel lanes. and the purpose ofthe Excavation. The application torm shall include plans prepared in accordance with City of Laredo Standard Technical Specifications Manual. In accordance with Section 1001.061 o(the Texas Occupations Code. plans submitted by a CTP are not required to be certified by a Professional Engineer.
B) At the time the Permit is issued. the Applicant shall pay a non-refundable Application Fee in an amount as provided tor in this Chapter. except franchise or access fee payee ofthe City shall be exempt from the payment ofsuch application fee.
C) The proposed location. depth and other characteristics ofFacilities tor which the 10 Permit is issued shall be subject to approval ofthe Director. and all backfilling, compaction and pavement restoration performed for any excavation shall comply with the requirements ofChapter.
D) No fee or requirement authorized or imposed pursuant to this chapter shall be construed to affect or alter in any way obligation of public and private Utilities with Facilities installed in any Right ofWay to relocate the Facilities at no cost to the City. subject to state law, if applicable, in the event that relocation is required by the City to accommodate a proper governmental use ofthe Right ofWav.
E) Combinations of Permits shall be permitted at the discretion of the Director. Fees shall be assessed based on the Excavations permitted
F) Subdivision monuments. historical markers. and any other signs or structures with foundations in the Right of Way. excluding bill boards, are subject to this Chapter.
G) Any work to be performed with in the State of Texas Right of Way shall secure a permit from the Texas Department of Transportation. A copy of the permit. if applicable. shall be provided to the City. Otherwise, all inspections are subject to joint inspections by The Texas Department of Transportation and the City.
H) A permit is not required under this section ifthe activity in the Public Right OfWay consists exclusively of the connection ofreal property to a retail Utility Service or operation and maintenance offacilities, or provided such work does not involve making a pavement cut or excavation in the public Right Of Way. However proper traffic control ifapplicable must be installed
SEC. 28-175 EXCAVATION PERMIT APPLICATION
Application for a Permit shall be addressed to the Director and made on a form furnished for that purpose, stating the extent. dimensions. character and purpose of the cut or Excavation to be made. the location. by street and number ifpossible where the work is to be done. and the time in which it is to be completed The application form shall be accompanied by maps ofthe existing owned Facilities in the area ofapplicant to the extent available, and the location of the proposed Facilities. methodology ofconstruction~· proposed start and completion dates.
A) JOINT APPLICATIONS - Applicants may apply jOintly for Permits to excavate the Right of Way at the same time and place. Applicants who apply jointly for a Right of Way Permit may share in the payment of the Permit fee. Applicants must agree among themselves as to the portion each shall pay. The City will recognize only one point ofcontact.
B) SUPPLEMENTARY APPLICATIONS-A Permit shall only be valid for the area of
11 the Right of Way specified within the Permit. Nor Permittee may cause any work to be done outside the area specified in the Permit, except as provided herein. Any Permittee who determines that an area greater than that which is specified in the Permit must be excavated must: ra) make application for a Permit extension and pay any additional fees required thereby; and (b) receive a new Right of Way Permit or Permit extension.
Permits will be issued or denied within five (5) days ofapplication. Unless granted .for a longer period, an Excavation Permit shall be valid for thirty (30) days and for the dates specified in the Permit. The applicant may request the Permit be valid for such longer period as may be necessary in the circumstances, in advance, as part of the application. City may approve or deny the application for such extended Permit period No Permittee may commence work before the Permit start date or except as provided herein, may continue working after the end date. ]fa Permittee does not complete the work by the Permit end date, the Permittee must apply for and may receive a new Right of Way Permit or a Permit extension for additional time. This Supplementary Application must be submitted to the City prior to the Permit end date. Jfpermit is allowed to expire, ROW user shall procure new permit paying the applicable fee, before proceeding with any work. No permit is transferable. A permit shall be void unless the excavation to be made is commenced within time stated on permit.
An extended Permit may be requested, and shall be issued within two days of application upon a showing ofgood cause.
SEC. 28-176 EXCAVATION TO BE UNDER SUPERVISION OF THE DIRECTOR
Any ROW User engaged in making or backfilling any Excavation in any Right of Way shall at all times while such work is in progress keep at the job location the Permit, or a copy thereot: and shall, on demand, exhibit the Permit to the Director, Right ofWay Manager or any police officer. At all time while the work is in progress the ROW User shall also maintain at the job location, a sign, barricade, or other device bearing the ROW User's name.
The ROW User shall protect from damage, Utility conduits, sewer conduits, water conduits, lawns, shrubbery, trees, fences, structures, or other property at, near or encountered in his work.
All Excavations and other construction in the Streets shall be conducted so as to interfere as little as practicable with the use ofRights of Way and with the use of private property, in accordance with any lawful and reasonable direction given by or under the authority o[the governing body o[the City under the policy and regulatory powers o[the City necessary to provide for public convenience. The ROW User shall reasonably protect from damage, Utility Facilities, sewer Facilities, water Facilities, lawns, shrubbery, trees, fences, structures, or other property encountered in his work The ROW User shall not trespass 12 upon private property. The ROW Users shall determine the boundary between public Right of Way and private property to avoid encroachment ifdeemed necessary by Director.
All transmission and distribution structures, lines, equipment and Facilities erected by a ROW User within the City shall be so located as to cause minimum interference with the proper use ofthe Public Right of Way, and to cause minimum inter(erence with the rights and reasonable convenience of property owners who join any ofthe said Streets ..
The City reserves the right to lay and allow to be laid. electricity, sewer, gas, water and other pipe lines or cables and Facilities, as well as drainage pipes and channels and Streets and to perform, and allow to be performed, any underground and overhead installation or improvement that may be deemed necessary or proper by the governing body ofthe City. in, across. along. over or under any grade ofany street and to maintain all the City's Facilities. In allowing such work to be performed by others. the City as manger ofthe Public Right of Way shall not be liable to a ROW User for any damage caused by those persons or entities. Nothing herein shall relieve any third party from responsibility for damages caused to a ROW User by such third party. If the City requires a ROW User to adapt or conform its Facilities. or in any way or manner to alter. relocate or change its property to enable any other corporation or person. except the City. to use, or to use with greater convenience, any RIght ofWay or public place. the ROW User shall not be required to make any such changes until such other corporation or person shall have undertaken, with solvent bond. to reimburse a ROW User for any loss and expense which will be caused by, or arise out of such removal. change, adaptation, alteration. conformance or relocation ofa ROW User's Facilities; provided. however. that the City shall never be liable for such reimbursement.
Except where otherwise provided by (ederal or state law. a utility shall install its facilities underground to the fullest extent possible if 1. electric and telephone utilities are already underground (for utilities other than electric and telephone); 2. the utility to which the utility's trunk and feeder lines are attached is underground,' or 3. where required by law.
Ifother Utilities convert from aerial to underground cable so that electric and telephone utilities are underground, each utility shall relocate previously installed aerial cable underground in concert with the utility or utilities that are converting from aerial to underground.
All costs and expenses associated with the requirements ofthis subsection shall be borne by the Utility. except where otherwise provided by law or by a cost allocation agreement among Utilities.
SEC. 28-177 ADDITIONAL EXCAVATION PERMIT
Subsequent to issuance of a Permit. if it is necessary to excavate a larger area than originally estimated. the Permittee shall at once pay to City the amount necessary to obtain
13 the additional Permit necessary.
SEC. 28-178 DENIAL OF PERMIT
A permit may be denied or suspended for any ofthe following reasons:
A) Failure to provide proofofa surety bond or liability insurance acceptable to the City; or
B) Failure to secure a Contractor's license or other required license; or
C) Failure to perform in accordance with the requirement of the City of Laredo Standard Technical Specification Manual or in accordance with these provisions; or
D) The Excavation would be in a New Street and not otherwise permitted by this Ordinance; or
E) The proposed warning or other traffic control procedures or equipment do not Comply with the requirements ofthe TMUTCD
F) The proposed activity would violate a City ordinance or State or Federal statute; or
G) The Permit application contains false or misleading information; or
H) The activity would cause a public health or safety hazard; or
1) The ROW User is not authorized within the City; or
J) The ROW User is in violation o[this Ordinance relative to work in progress.
Denied Permits may be appealed as set forth in this Ordinance.
SEC. 28-179 APPEAL
A Right ofWay user that: (1) has been denied registration; (2) has been denied a Permit; (3) has had a Permit revoked; or (4) believes that fees imposed are invalid, may have the denial revocation. or fee imposition reviewed, upon written request as follows:
A) Appellant shall provide. within five (5) business days ofdenial. a written notice of appeal filed with the Building Development Services Director. The notice must state the· alternative available and routes explored. hardship encountered. cost comparison ofother alternatives available and a statement ofany other significant factors. The Building Development Services Director shall provide a written decision within five (5) business days ofreceipt ofthe appeal. Failure to render a decision within five (5) business days shall constitute a denial.
14 B) If a further denial is given, the applicant may thereafter file a written Notice of Appeal with the City Manager within five (5) business days. The notice must state the alternatives available and routes explored hardship encountered cost comparison of other alternatives and a statement of any other significant factors. The City Manager shall provide a written decision within the ten (10) business days. Failure to render a decision within the ten (10) business days shall constitute a denial.
DIVISION 2. TECHNICAL SPECIFICATIONS
SEC 28-180 STANDARDS
Construction standards for all Utilities dnd public improvements are in the City ofLaredo Standards Technical Specification Manual.
SEC 28-181 COMMENCEMENT AND COMPLETION
After obtaining the Permit and prior to commencing the work, the Permittee shall notify the Right ofWay Manager" and shall commence and complete all work within the time specified in the Permit unless an extension oftime is granted by the Director. .
SEC 28-182 SAFE CONDUCT OF WORK
Every Permittee and ROW User shall prosecute its work diligently and in a good, safe, and workmanlike manner, and shall safeguard and protect the public using the Street or Right of Way where the work is being performed from accidents or damage by placing barriers, lights and other sufficient safeguards around all cuts, openings, and Excavations. All material, implements and tools stored upon the premises and used in connection with the Excavation shall be stored in a safe and a non-hazardous manner.
SEC 28-183 EMERGENCYEXCAVATIONS
Nothing in this Ordinance shall be construed to prevent any Person operating and maintaining any pipe, conduit, or duct in or under any Street, or Right of Way by virtue of any law, ordinance or Permit, from making such Excavation as may be necessary to restore service due to unforeseen outage, for compliance with law or for the preservation oflife or property when the necessity arises, provided that the Person making the Excavation shall notify the Right of Way Manager within twenty four (24) hours. Except as specifically provided otherwise in this Ordinance, Excavations authorized by this section shall be subject to all fees and requirements ofthis Ordinance.
SEC 28-184 TRAFFIC CONTROL SAFETY
In the event ofnon-compliance with the TMUTCD, the ROW User shall be notified in writing
15 ofthe violation, and all work must stop immediately until ROW user comes into compliance. In the event ofcontinued non-compliance, the Director may revoke the Permit, in addition to any other remedies available to the City.
SEC. 28-185 RESTORATION OF EXCAVATION IN PAVED SURFACES
The Permittee shall complete pavement restoration of the excavated area within the approved time on the application on major arterial and collector Streets and on residential Streets after final backfill is completed and accepted by the Director. The Permittee shall conduct the work with a minimum disturbance to existing Utilities and shall coordinate all work in or near the existing Utilities with the Utility Owners.
A) EXCAVATION IN NEW STREETS There shall be no Excavation in New Streets without the prior approval of the Director or Right of Way Manager. Any request for a Permit to excavate a New Street shall include a description ofthe proposed work and proposed restoration of the area, as well as a statement as to why alternate procedures cannot or should not be used in lieu ofexcavating a New Street. Ifexcavation is approved by the Director or Right .of Way Manager, depending on site and area of street, will require repavement ofstreet.
B) EXCAVATION IN ARTERIAL STREETS IN GOOD CONDITION A permit holder shall perform jacking and boring operations in a manner that does not weaken or impair the Right of Way upon completion of restoration of the Excavation.
Excavation in all Streets in good condition regardless of age should not occur without prior approval ofthe Director or Right of Way Manager.
Restoration o(the excavated area ofStreets in good condition shall be in accordance with this Ordinance.
C) RESPONSIBILITY OF EXCAVATED AREA MAINTENANCE A Permittee or ROW User shall maintain their repairs in the Right of Way for a warranty period ofone year.
SEC. 28-186 LAWFUL USE OF RIGHT OF WAY
A) The use ofthe Right ofWay in any manner which violates federal, state, or local laws, or City codes and regulations, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal and water and air quality, is prohibited All Permittee's shall provide satisfactory evidence ofcompliance with the foregoing upon request ofthe City.
B) Permittee shall dispose ofall material removed from the Right of Way and any waste 16 created by Permittee in compliance with all state, federal and local laws and requirements.
C) I(a Permittee discovers any contaminated, regulated, or hazardous materials in The Right of Way, Permittee shall be responsible for environmental assessment, Excavation, testing, transportation, and disposal of any such contaminated or regulated material in accordance with applicable law, or the Permittee may elect to abandon the contaminated area of the Right of Way and reroute around the contaminated area. The Permittee shall promptly notify the Right ofWay Manager or Director in writing ofthe condition.
SEC. 28-187TREE TRIMMING AND GRAFFITI ABATEMENT
Permission is granted to a ROW User, to trim trees upon and overhanging the Public Right of Way, so as to prevent the branches of such trees from coming in contact with a ROW User's Facilities. ROW user will coordinate its vegetation management activities within and / or adjacent to the Public Right-of-way with appropriate City departments including Traffic Safety and Parks and Leisure. All vegetation management activities affecting the Public Right-of Way shall be performed in accordance with federal and state mandates regulating vegetation management activities. The City shall report damage or vandalism to the i?0W User's Facilities as soon as practicable after City discovers or learns o(such event. The ROW User shall make the necessary repairs or restoration, including cleaning ofgra(fiti, within forty-eight (48) hours after the ROW User discovers or learns of any misuse, destruction, damage, or vandalism to its Facilities.
SEC. 28-188 CONFORMANCE WITH MAJOR THOROUGHFARE PLAN
A ROW User shall consult the City's Major Thorough(are Plan ("MTP") prior to the acquisition o(any interest in real property in the City for the installation or relocation o( Service lines or other equipment or Facilities along or adjacent to any Street, Right otWay, thoroughfare, highway, or any proposed Street, Right otWay, highway or thoroughfare to attempt to minimize any future conflict regarding the location o(such Facilities. All ROW Users are charged at all times with constructive notice of the MTP subsequent to the e(fective date ofthis Ordinance. The City shall have no liability for the value o(or loss by a ROW User ofany improvements constructed in the area shown in the MTP subsequent to the e(fective date ofthis Ordinance.
SEC. 28-189 RIGHTS IN THE EVENT OF ABANDONMENT
In the event the City closes, vacates, abandons or conveys any Right of Way containing Facilities ofthe ROW User, any such closure, vacation, abandonment or conveyance ofland shall be subject to the rights ofthe ROW User.
SEC. 28-190 SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUITS
17 All poles in the Rights ofWay shall be ofsound material and reasonably straight, and shall not interfere with the flow ofwater in any gutter or drain, and shall be placed at locations within The Right of Way as specified by applicable law so as not to unduly interfere with either vehicular or pedestrian travel. The location and route ofall conduits, fiber, cables placement omoles, stubs, guys, anchors and Utilities and Facilities placed and constructed by a ROW User in the Public Right Of Way shall be subject to the reasonable and proper control, direction and approval of the Director provided however that ROW User's installation and configuration oOts Facilities in the Public Rights Of Way shall at all times comply with Federal and State laws respecting such construction.
SEC 28-191 ATTACHMENTS TO POLES
A) Nothing shall obligate or restrict a ROW User from exercising its right to enter into a pole attachment, pole usage, joint ownership or other wire space or Facilities agreement with an owner ofthe pole or with other wire-using companies authorized to operate within the Public Right of Way ofthe City.
B) A ROW User shall utilize existing poles, conduits, and other Facilities whenever reasonable and/or economically feasible. Utility or facilities attached to poles in right ofway will provide digital electronic files ofutilities or facilities placement in ROW
SEC 28-192 TEMPORARY REARRANGEMENTS OF AERIAL WIRES
The ROW User shall rearrange its aerial wires temporarily as necessary to permit the moving ofhouses or other bulky structures. The requesting parties shall pay in advance the reasonable and necessary expense of such temporary rearrangements. The ROW User shall be given not less than five (5) days advance notice to arrange for such temporary rearrangements, provided however, ROW User shall have no obligation to undertake such work until all Federal and State permits and compliance requirements have been met. The ROW User shall remove its aerial wires in connection with the demolition of unsafe structures, including emergency or ordered demolitions and invoice the appropriate parties for the cost ofthis work where applicable. Nothing in this section however shall be read to impose any financial burdens on the City for requesting the temporary rearrangement of aerial wires.
SEC 28-193 BACKFILL OF EXCAVATED AREA
Open trenches may be temporarily backfilled for the convenience ofthe Permittee or the public safety according to City ofLaredo Standard Technical specification manual. At least one 0) hour prior to beginning permanent backfill operations, the Permittee shall notifY the Director ofthe time the backfill will begin by calling an established single point ofcontact at the Building Developmental Services Department. A confirmation ID number will be issued to the permittee. Inspector must arrive within one hour ofagreed time other wise permanent backfill can commence. 18 All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times, where excess water cannot be prevented from entering the trench. will be considered temporary and shall be removed as soon as weather permits. All disturbedbase material or any base that has been undermined shall be removed and discarded The new roadway base material shall be according to the City ofLaredo Technical Specification Manual.
SEC. 28-194 RESTORATIONOFPAVEMENT
Unless otherwise specified in the Permit, restoration ofthe asphalt pavement ofany Street, alley Right ofWay or other public place shall be performed by the Permittee or by the City, upon request by the Permittee. Nothing in this section shall relieve the ROW User from the responsibility to maintain the Excavation or installation in a safe condition until it is repaved by City or otherwise restored In addition to all other applicable fees or charges, if the City performs the repaving ofthe ROW User shall pay for the repaving based on type of construction repair as per Section 28-218.
A) No trench shall be opened in any street for the purpose o(laying pipes, conduits or ducts more than three hundred (300) feet in advance ofthe pipe, conduit or ducts beingplaced in the trench. other than with the prior written consent ofthe Director.
B) All Excavations shall comply with the City of Laredo Standard Technical Specification Manual.
C) Any excavated pavement, debris and other rubble shall be removed, together with any surplus material, within one (J) working day from the time such material is placed upon the street. After backfilling is completed and prior to repaving the cut, the ROW User shall remove all loose paving material and trim the edges of the Excavation at the street surface to the satisfaction ofthe Director.
D) Whenever any caving occurs in the sidewalks of any Excavation, the pavements above such caving shall be cut away, trench backfilled and pavement restored in accordance with the City ofLaredo Standard Technical Specification Manual. In no case shall any side or lateral tamping fill any void under a pavement.
SEC. 28-195 EXCAVATION SPECIFICATIONS
All Excavations shall be made in accordance with plans submitted with the Permit Application and in accordance with specifications set forth in the City ofLaredo Standard Technical Specification Manual. All Excavations shall be repaired in such a way so as not to become depressed, cracked, broken, or in any way fail during the one year warranty period
SEC. 28-196 CLEANUP OF RIGHT OF WAY 19 In every case and at all times, the work ofremoving from the Right ofWay all obstructions, surplus materials, debris and waste matter ofevery description caused by and accumulated from the Excavation shall be the responsibility ofthe ROW User. Streets shall be cleaned by use ofa street sweeper, on big project. The ROW User shall clean the surrounding area, as outlined above, within two (2) days upon completion and approval ofall trench work and pavement restoration unless the Director has been given sufficient reason to grant an extension oftime. Failure to leave work area clean will result in citation. .
SEC. 28-197 SUBSTANDARD REPAIR OF PA VEMENT OR RIGHT OF WAY
In the event the pavement or the surface ofthe Street or Right of Way in, over or near any Excavation should become depressed, cracked, broken or tail in any way within one year 0) .from the date of completion of the Repair ROW User shall perform such additional restoration work to the reasonable satisfaction ofthe City. or pay the City for its reasonable cost to restore the Street or Right ofWay. provided the Repair or initial construction has not been disturbed or .. undermined by another ROW User or through some other independent intervening event or condition beyond Permittee's reasonable control. Nothing contained herein shall limit any other remedies available to the City.
SEC. 28-198 FAILURE TO COMPLETE WORK WITHIN SPECIFIED TIME
In the event any work governed by this Ordinance is not completed by the ROW User within the time required or in accordance within the specifications required herein or by the Director, the Director may cause such work to be performed as is necessary to secure the work area to a safe and passable condition. The ROW User shall reimburse the City for the costs ofsecuring the site.
SEC. 28-199 PERMANENT PAVEMENT REPAIRS
All permanent pavement repairs shall be made under one ofthe two following methods:
A) PERMANENT PAVEMENT REPAIRS BY CITY - If the City is to make the permanent pavement repairs, the ROW User shall maintain the excavated area for a period oftwo (2) weeks after acceptance by the Director. After the two week period, the City will be responsible for maintaining the excavated area until final restoration is made. Backfill failures shall remain the responsibility ofthe ROW User. The ROW User shall reimburse the City based on Section 28-218 for all costs of any backfill failure before and/or after permanent repair.
B) PERMANENT PAVEMENT REPAIRS BY ROW USER - If the ROW User is authorized to make permanent pavement repairs, the ROW User will maintain the excavated area until permanent pavement restoration of the excavated area is complete. The ROW User shall make final repairs within five (5) working days on residential, local streets after the Director makes final inspection. Backfill failures 20 shall remain the responsibility ofthe ROW User.
SEC. 28-200 RESPONSIBILITIES FOR SIGNS, BARRICADES, AND WARNING DEVICES
The ROW User working in any Right ofWay is responsible for the safe movement oftrafflc. both pedestrian and vehicular. through the construction area. The ROW User shall meet all requirements for barricading and traffic control as specified in the TMUTCD.
A) Only those individuals. who are qualified by means of adequate training in safe traffic control practices and have a basic understanding o(the principles established by applicable standards and regulations, including those in TMUTCD. shall place and maintain the traffic control devices in the construction area. All signs and barricades must conform to the requirements ofthe TMUTCD and be inspected and approved by the Director or designee.
B) The ROW User may subcontract the barricading to a firm specializing in traffic control. Either the ROW User or its subcontractor must submit a traffic control plan to the Director for review. All signs and barricades must conform to the requirements ofthe TMUTCD.
C) All barricades. plates. and other tramc control equipment must conform to TMUTCD specifications and must be inspected and approved by the Director or designee.
D) Non-Compliance with the TMUTCD shall be cited in writing. In the event ornon-compliance after citation. the Director mayplace the necessary devices as required and the ROW USER shall pay the charges theretore. The ROW User shall reimburse the Building Development Services Department for all such expenses as well as $500.00 tor non-compliance. Failure to comply with this provision may result in denial orapplication for future permits.
E) All traffic control devices must be removed immediately upon completion ofwork.
SEC. 28-201 DUTY TO BARRICADE
At all times during construction activity. the Contractor and/or ROW User. as applicable. shall place and maintain all necessary and proper barriers and other safeguards. including certified person in accordance with the safety training described in this Ordinance. -ifnecessary. upon and around the work for the prevention ofaccidents. and after daylight hours. shall place. maintain and keep suitable sufflcient lights. in accordance with the TMUTCD.
SEC. 28-202 INSPECTIONS
The Permittee shall make the work-site accessible to the City. and others as authorized by law. for inspection at all reasonable times during performance ofthe work.
SEC. 28-203 MATERIALS TESTING 21 The Department may require testing ofmaterials used in construction in or near the Right ofWay to determine conformance to required specifications, including. but not limited to, compaction tests on backfill materials, sub grade, aggregate base course, Portland concrete (rigid pavement), asphaltic concrete (jlexible pavement) and other construction material as deemed necessary by the Department.
SEC. 28-204 DUTIES OFPERSONS MAKING EXCAVATIONS OR CREATING OBSTRUCTIONS
Any Person who shall cause to be made any Excavation or obstruction in any Street or Right ofWay may not remain there beyond a time reasonably sufficient for the completion of the work and/or removal ofthe obstruction, and shall repair the subject portion ofsuch Street, or Right ofWay so as to restore the same to its condition previous to the making ofsuch cut or obstruction. It shall be the duty ofthe excavators to protect the area while such condition exists and promptly to repair the same so as to leave the street or Right of Way in as good condition as before the Excavation.
A) In this section, "obstruction" means any object or structure that blocks or impedes the construction or maintenance of public works, including private facilities that provide electricity. gas, information services, sewer service, steam, telecommunications, traffic controls, transit service, Video, water, or other services to customers; shrubbery or plants gf any kind,' and storage materials.
B) Ifa person fails or refuses to shift, adjust, accommodate, or remove an obstruction after reasonable notice, the City may shift, adjust, accommodate, or remove the obstruction, and the City will charge the person having or maintaining the obstruction for the cost of performing the work.
C) Conflicts among right-or-way users. In case ofa contlict among utilities as to placement of facilities in the public rights-or-way, the City shall have the authority to direct the resolution of such conflict. In such a resolution the City shall seek to accommodate the reasonable needs of each utility. as well as the public health, safety. welfare, and convenience, to the maximum extent possible.
SEC. 28-205 CEASE WORK ORDER
At any time, the Director may order the immediate cessation ofany work which poses a threat to the health, safety or well being o[the public. The Director may revoke the Permit ofany Permittee in any instance where there is a threat to the health, safety or well being o(the public.
SEC.28-206 REVOCATION OF PERMIT
The City reserves its right, as provided herein, to revoke any Permits, without refund ofthe Permit fee, in the event ofa breach by the Permittee o(the terms and/or conditions o(the Permit or ofthis Chapter or any City Ordinance. A breach ofthe Permit shall include, but not be limited to the
22 following:
A) The violation ofany provision ofthe Permit; or
B) An evasion or attempt to evade any provision o[the Permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; or
C) Any material misrepresentation ofany fact in the Permit Application; or
D) The failure to meet insurance, surety bond, or indemnification requirements; or
E) The failure to complete the work in a timely manner; or
F) The failure to correct a condition indicated on an order issued pursuant to this Ordinance; or
G) Repeated traffic control violations; or
H) Failure to repair Facilities damaged in the Right of Way; or
1) . Violation ofany part ofthis Ordinance.
Ifthe Director determines that the Permittee has committed a breach ofany law or condition ofthe Right of Way Permit, the Director shall make a written demand upon the Permittee to remedy such violation. Continued violation may be cause for revocation ofthe Permit, or legal action, or both. The Director may revoke the Permit; provide specifications to cure the breach, or both. Within five days calendar days ofreceiving notification ofthe breach, Permittee shall contact the Director with a plan, acceptable to the Director, for correction ofthe breach. Permittee's failure to do so or Permittee's failure to timely implement the approved plan shall be cause for revocation of the Permit.
SEC. 28-207 RIGHT OF WAY RESTORATION REQUIREMENTS
The work to be done pursuant to the Permit and any repair and subsequent restoration ofthe Right of Way must be completed within the dates specified in the Permit. In the-event ofcircumstances beyond the control ofthe Permittee or when work is prohibited by unseasonable or unreasonable conditions, the Director may extend the dates on receipt of a substantiated supplementary application for a Permit extension.
All earth, materials, sidewalks, paving crossing. or improvement ofany kind which are owned or possessed by City and damaged, disturbed. or removed by a ROW User shall be fully repaired promptly by the ROW User at its sole expense, as per the City of Laredo Standard Specification Manual. After any Excavation, the ROW User shall, at its expense, restore the Right ofWay, trench envelope, pavement structure and the surrounding area, to the same or better condition than it was 23 prior to the Excavation.
In the event the ROW User fails to restore the Right of Way in the manner and to the condition required herein, or fails to satisfactorily and timely complete all restoration, the City may, at its option, serve written notice upon the ROW User that, unless within five (5) days after serving ofsuch notice a satisfactory arrangement can be made for the proper restoration ofthe Right ofWay by the ROW User, the City for any and all costs incurred by the City by reason ofsuch prosecution and completion, including. without limitation, the applicable Public Inconvenience Penalty will bill ROW user. Nothing contained herein shall limit any other remedies available to the City.
Ifany Excavation cannot be backed-filled immediately, the ROW User shall securely and adequately cover the Excavation and maintain proper barricades, safety fencing and/or lights as required. from the time ofthe opening ofthe Excavation until the Excavation is surfaced and opened for travel.
In all Right ofWay restoration, the ROW User guarantees its work and a one year warranty shall be given following completion ofthe restoration. During the period following completion, the ROW User shall, in the event of any failure of the restoration, upon notification from the Director, reimburse City for (i) pavement restoration costs, and additionally; the ROW User in the event of such failure shall within forty-eight (48) hours of notice from City, repair the subject trench envelope.
A one year warranty guarantee period shall be applicable to failure ofthe pavement surface as well as failure ofthe trench envelope. Notwithstanding remediation ofthe pavement structure by City, the ROW User retains repair responsibility at all times during the guaranty period for the trench envelope.
A Right of Way User whose work is completed by the City shall, on completion of the work and according to the certified bill ofthe cost thereofto be prepared by the Director, pay to the City, on its order, the amount ofthe certified bill as reimbursement for such work.
SEC 28-208 REMOVAL AND RECONSTRUCTION WHERE WORK DEFECTIVE
All construction work in the Streets, Right of Way, sidewalks and public places of the City is declared to be subject to the exclusive control of the City, and whenever, in the opinion of the Director, any such work shall not have been duly completed within a reasonable time or shall have been executed in a defective manner, whether because ofbad workmanship' or materials or because not true to the lines or grades or specifications thereof given to him by the Director, then upon written demand or notice from the Director, such ROW User or Contractor shall promptly remedy, complete or remove and reconstruct such incomplete or defective work all as the Director may require, and these provisions shall also apply to all repair and maintenance work. Ifthe Contractor or ROW User shall fail or refuse to do so within a reasonable time to be specified by he Director, then, if the Director shall so order, such work shall be completed or corrected or removed and wholly or partially reconstructed by the City, in such manner as in the opinion ofthe Director may be necessary to make such work as good as originally required. .and such work may be done by contract or otherwise, under the direction ofthe Director. The expenses for such corrective work 24 shall be changed to the ROW user.
SEC. 28-209 LOCATIONS AND RELOCATION OF FACILITIES
The ROW User shall, upon the request ofthe City, locate and/or relocate its Facilities situated within any Right ofWay, at no expense to the City, where reasonable and necessary to accommodate street widening and straightening. and also when applicable State or Federal law requires the ROW users to pay such const and expenses for other public improvement projects ofthe City. When applicable State or Federal law requires the ROW users to pay such cost and expenses when relocation is necessitated by federal government requirement, and includes reimbursements, the City will reimburse Applicant for its proportionate share from funds provided the City in such reimbursements.
SEC. 28-210 PRE-EXCAVATION FACILITIES LOCATION
The ROW User shall contact the one call center number so long as that center is in existence or such other center at the time utilized by City, at least 48 hours prior to Excavation. The ROW User shall protect and support all Utility Facilities during construction.
SEC. 28-211 RELOCATION FACILITIES FOR CITY
In the event the City finds it necessary to move a ROW User's facilities to protect it, City shall notify the local representative of the ROW User. ROW User shall promptly move or facilitate the relocation o{the subject Facilities at ROW User's expense.
SEC. 28-212 RIGHT OF WAY VACATION AND RESERVATION OF RIGHT
In the event ofvacation ofa Right ofWay requiring the relocation ofFacilities, the ROW User shall have the discretion to agree or decline any third party request seeking the ROW's user removal or relocation, such removal or relocation shall be done at the expenses ofthe third party requesting the removal or relocation.
SEC. 28-213 ABANDONED FACILITIES
A ROW User owning Abandoned Facilities in the Right of Way shall:
A) Remove its Facilities and repair, at its expense, any damage caused by the removal. The Director may allow some or all Facilities to remain ifthe Director determines same is in the best interest o{the public to do so; or
B) Provide information satisfactory to the City that the ROW User's obligations for its Facilities in the Right of Way have been lawfully assumed by another authorized ROW User.
The Facilities ofa ROW User who fails to comply with this section, and those Facilities which 25 remain unused for two (2) years, shall be deemed to be abandoned unless, within the aforesaid two year period, the City receives written confirmation and reasonable evidence that the ROW User intends to use the Facilities. The City may exercised any remedies or rights it has at law or in equity including. but not limited to, taking possession ofthe Abandoned Facilities or requiring the removal ofthe Facilities by the ROW User.
SEC 28-214 ROUTING AND SPATIAL ASSIGNMENT
The City reserves the right, in the Permit or otherwise, to restrict or determine the route (pathway) and/or spatial location, including the depth and horizontal and vertical orientation ofany facility and Utility structure in the Right of Way.
DIVISION 3. COSTS, FEES, AND ENFORCEMENT
SEC 28-215 FEES
A) PERMIT APPLICATION FEE - There is a Permit application fee of ($50. 00) fifty dollars. Permits shall be issued or denied within five (5) days. There is an Expedited Application Fee of($250. 00) Two-Hundred Fifty dollar for Permits which shall be issued or denied within two (2) days. The fees are paid by an Applicant when a Permit is issued The fees are charged for administration and input o(Permit data. An expedited permit may be requested upon a showing good cause, including but not limited to apending order for service that cannot be met by means ofexisting Facilities ofthe ROW User. In such event an expedited Permit may be requested and shall be issued or denied within two (2) days ofapplication.
B) INSPECTION FEE - The work allowed by each Permit shall be subject to inspection and approved by the Director. There is an Inspection fee of two hundred dollars ($200.00). The Department shall conduct a minimum of three inspections during regular working hours. The fee shall be paid at the time ofapplication for a Permit. Inspections may be performed on any and all Excavations, at the discretion ofthe Director, based on previous performance ofthe Utility Owner, location ofExcavation. type ofwork and/or construction methodology. Overtime inspection fees are incurred at a rate of$40.00 per hour Monday thru Friday and $70.00 per hour on Saturday, Sundays and holidays. Residential driveways and sidewalks are exempt (rom the two hundred dollars ($200.00) inspection fee.
C) PERMIT EXPIRATION DATE -A fee ofthirty dollars ($30.00) will be charged for any Permit that has not been extended before its expiration date and for any Permit when work has not been completed by the expiration date provided for in the Permit. The thirty (30) day period begins with the date ofissuance ofthe Permit.
D) ELECTRONIC MAPS SUBMITTAL FEE -A fee of.forty dollars ($40.00) per hour will be charged for each hour oflabor necessitated by information submitted to City in hard copy format in lieu of submittals to City in electronic format. There is a 26 minimum oftwo hours.
E) REGISTRATION FEE - There is a fee oUilty ($50.00) dollars per Right of Way User per year for processing registration information, which fee will be collected upon registration.
F) When administration ofthis article for a particular activity is or will be unusually costly to the city, the Director may require an ap'plicant or Permittee to pay any sum in excess ofthe amounts provided herein. This additional sum may not exceed actual costs incurred by the city and shall be charged on a time and materials basis. Whenever additional fees are charged, the Director shall provide in writing the basis for the additional fees.
G) Fees under this section shall not be applicable to the holder of a state-issued certificate of franchise authority to the extent such a franchise holder is exempted from permit fees.
SEC. 28-216 PENALTIES FOR VIOLATION OF THIS CHAPTER
Each violation ofthis Ordinance for failure ofa ROW user to secure a permit shall be punishable as follows: for the first offense a permit fee for (jive hundred) $500 dollars shall be imposed for the second offense a permit fee of (one thousand) $1,000) dollars shall be imposed and for a third offense a permit fee of (two thousand) $2,000 dollar shall be imposed After the third offense an offender's registration shall be suspended for a period of90 days during which no permits ofany kind shall be approved for such ROW user. Any such suspended ROW users shall pay a reinstatement fee oftwo thousand five hundred ($2500.00) dollars ifand when the Director approves the ROW user's reinstatement. Any fines that are collected pursuant to this Section shall be deposited in to Fund no. 1530.
SEC. 28-217 PUBLIC INCONVENIENCE PENALTY
Public Inconvenience Penalties are assessed and calculated from the date ofexpiration ofthe Permit until date ofcompletion ofwork or repair or offinal backfill ifturned over to the Department for repair. This penalty shall not exceed and is capped by statutory limits. Public Inconvenience Penalties are charged per day as follows: unless exempt by state law.
Type ofFacility Unit ofCost Fee Rate
31-75 Days 76-90 Days 90-100 Days >100 Days (a) Traffic Lane Per Square Foot $0.0521 $0.1042 $0.1563 $0.2084 (Q) Sidewalk Per Square Foot $0.0026 $0.0052 $0.0078 $0.0104 (c) Driveway Per Each $39.00 $78.00 $117.00 $156.00 (d) Parking Per Meter $14.00 $21.00 $ 28.00 $ 42.00 Metered Traffic Lane (Parking meter) *In addition to Traffic Lane Fee
SEC. 28-218 CITY CONSTRUCTION REPAIR COST 27 Ifthe City is to make the permanent pavement repairs. the ROW user shall pay City for reasonable cost to restore the Street or Right of Way. in accordance with the following schedule:
TYPE OF REPAIR UNIT COST
Street with concrete with asphalt surface $40.00 SF
Street with/Zexible base or soil stabilized base with asphalt surface. $25.00 SF
Concrete sidewalk or driveway $15.00 SF
Concrete curb and gutter $25.00LF
Full depth colored concrete for accessible ramps $30.00 SF
Full colored stamp concrete $25.00 SF * Any other such as drainage structure inlet, manhole, culvert, * based on actual cost + concrete lined channel pipe, and water and waste water lines. bond and insurance
DIVISION 4. INDEMNIFICATION, INSURANCE, BONDING, AND LIABILITY
SEC. 28-219 LIABILITY OF RIGHT OF WAY USER
To the extent allowed by law. the Right of Way User shall be liable to the City for any damage or loss occasioned by any act or omission occurring in connection with his Excavation. and subject to state law. the ROW User shall fully indemnify, hold harmless and defend City. its officers and employees from and against any and all suits. actions. judgments. losses. costs. demands. claims. expenses (including attorney's fees). damages. and liabilities of every kind to which the City. its officers or employees may be subjected for injury of any type. death or property damage arising from or connected with any such act or omission. City shall promptly notify a Permittee. or ROW User. at the address set forth in the Permit. or last known address. ofany claim or suit served upon the City and alleging negligent or wrongful conduct by the Permittee or ROW User in connection with an Excavation.
SEC. 28-220 INSURANCE
A) Right of Way Users shall furnish an original completed Certificate ofInsurance or The City's Standard Certificate oflnsurance form to the City's Finance Department. Purchasing Division. Building Development Services and Risk Management Division which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage. limits. and termination provisions shown thereon. and which shall furnish and contain all required information referenced or
28 indicated thereon. The original certificate(s) or form must have the agent's original signature, including the signer's company a[filiation, title and phone number, and be mailed directly from the agent to the City. The City shall have no duty to payor perform under this Ordinance until such certificate shall have been delivered to the City's Finance Department, and Building Development Services Department, and no officer or employee, other than the City's Risk Manager, shall have authority to waive this requirement.
B) The City reserves the right to review the insurance requirements ofthis section to modify insurance coverage and their limits when deemed necessary and prudent by the City's Risk Manager based upon changes in statutory law, court decisions, or circumstances surrounding this Ordinance, but in no instance will the City allow modification whereupon the City incur increased risk.
C) Subject to the Right ofWay User's right to maintain reasonable deductibles in such amounts as are approved by the City, Right ofWay Users shall obtain and maintain in full force and effect for the duration ofthe Permit, and any extension thereot and/or duration o(time it maintains Facilities in the public Right ofWgy, at the Right ofWay User's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State ofTexas and rated A or better, in the following types and amounts:
TYPE AMOUNT 1. Worker's Compensation Statutory Employer's Liability $1, 000, 000/$100, 000/$1, 000, 000
2:. Commercial General (Public) Liability Insurance to include coverage for the following: a) Premises/Operations Bodily Injury and b) Independent Contractors Property Damage of$2, 000, 000 per occurrence c) Productslcompleted operations $5, 000, 000 General d) Contractual Liability aggregate or its equivalent in umbrella or excess liability coverage. e) Personal Injury j) Explosion, collapse, underground g) Broad from property damage, to include fire legal liability
*3. Business Automobile Liability Combines Single Limit for Bodily Injury and a) Owned/Leased vehicles Property Damage of$1, 000, 000 per occurrence b) Non-Owned vehicles or its equivalent. c) Hired vehicles
*4. Professional Liability $1,000,000 per claim to pay on behalfo(the (Claims made from) insured all sums which the Insured shall become legally obligated to pay as damages 29 by Reason ofany act. malpractice. error or omission in professional services.
*5 Contractor's Pollution Liability Coverage $1. 000. 000 written on a claim made from with a two year extended reporting period
*6 Pollution Liability Motor Carrier & Trucker $1. 000. 000 per occurrence written on an Coverage endorsing the upset. overturn occurrence form) (Combined Single Limit for and remediation ofa load in transport. Bodily Injury and Property Damage.
* Ifapplicable
D) The City shall be entitled, upon request and without expense. to receive copies ofthe policies and all endorsements thereto as they apply to the limits required by the City, and may make a reasonable request for deletion. revision. or modIfication of particular policy terms. conditions. limitations or exclusion (except where policy revisions are established by law or regulation binding upon either ofthe parties hereto or the underwriter ofan such policies). Upon such request by the City, the Rights-of-Way User shall exercise reasonable effort to accomplish such changes in policy coverage. and shall pay the cost thereof
E)· Right of Way Users shall ensure that all insurance contracts and Certificate(s) of Insurance contain the following required provisions.
• Name and City and its officers. employees. volunteers. agents. and elected representatives as additional insured's with respect to the operations and activities ot or on behalf ot: the named insured performed in the Right of Way under provision o[this Ordinance. with the exception ofthe professional liability. worker's compensation and liability policy; and
• Right of Way User's insurance shall be deemed primary with respect to any insurance or self-insurance carried by the City: and
• Provide for an endorsement that the "other insurance" clause shall not apply to the City ofLaredo where the City is an additional insured shown on the policy; and
• Worker's compensation and employer's liability will provide for a waiver of subrogation in favor o(the City. .
F) Right of Way User shall notify the City in the event of any notice of cancellation. non-renewal or material change in coverage and shall give such notices not less than 30 days prior to the change. or ten (10) days notice for cancellation due to non-payment of premiums. which notice must be 30 accompanied by a replacement Certificate oflnsurance. All notices shall be given to the City at the following address:
City ofLaredo City ofLaredo Building Development City Secretary Services Dept. 1120 San Bernardo Ave 1110 Houston Laredo, TX Laredo, TX
G) Nothing herein contained shall be construed as limiting in any way the extent to which the Right ofWay User may be held responsible for payments of damages to persons or property resulting from the Right ofWay User's or its subcontractors performance ofthe work performed in the Public Right of Way. Any subcontractor hired by the Right of Way user shall maintain insurance coverage equal to that of the Right of Way user. It is the responsibility of the Right of Way user to assure compliance with this provision. The City of Laredo accepts no responsibility arising from the conduct, or lack ofconduct ofthe Subcontractor.
H) The City owned Utilities and City Public Works Departments shall not be required to provide the insurance specified herein.
1) With respect to the Right of Way User's obligation to comply with the requirements for Commercial General (public) Liability Insurance coverage to include pollution coverage, the City may allow the Right of Way User to self-insure upon annual production of evidence that is satisfactory that is satisfactory to the City's Risk Manager. With respect to the Right of Way User's obligation to comply with the requirements for automobile liability insurance and for worker's compensation insurance, a Right of Way User may self-insure, provided the Right ofWay User tenders satisfactory evidence of self insurance as contemplated by the State motor vehicle financial responsibility law, Tex. Transportation. Code §601.124, and the Texas Worker's Compensation Act, Tex. Labor Code §407.001 et. seq.
SEC. 28-221 PERFORMANCE/ASSURANCE BOND
Except as stated in section 66.01 J(A)(5) of the Utilities Code, before a Permit shall be issued, the Applicant thereofshall execute and deliver to the City, to be kept on file in the City's Secretary's o(fjce, a good and sufficient bond ofperformance or assurance, in the sum of($10, 000) ten thousand dollars to be approved by the Risk Manager and conditioned that the person making the application shall promptly adjust, pay and settle all legitimate claims .for damages that may result by reason of carelessness or negligence in the manner of performing such work or by reason of any defects therein caused or arising from carelessness, negligent or imperfect construction thereot: and to hold the City free and harmless from liability on all such claims for damages to the performance or assurance bond
31 shall cover the cost ofrepairs in or upon the street, sidewalk. or other public place where the work is to be done that may become necessary by reason o{such pavement cut or Excavation having been made. The bond shall be maintained until the work is accepted by the City.
SEC. 28-222 OPTIONAL CONTINUING BOND AND DEPOSIT
In lieu of a bond performance or assurance required for each Permit issued. under the PerfOrmance/Assurance Bond Section o(this Ordinance. the Applicant may maintain a one time bond ofper{ormance or assurance with the Director fOr the sum of one hundred thousand dollars ($100.000) fOr the purposes specified in Section 28-221. and shall have on file. in the City Secretary's office. an approved bond ofperfOrmance or assurance in the like amount. being then in full fOrce and effect.· against which claims shall not have been presented aggregating more than one hundred thousand dollars ($100.000); provided. further. that Section 28-223 shall apply to applications fOr Permits to make cuts, openings or Excavations in any street. plaza or other public place paved under contract with the City, unless the contract of maintenance and the maintenance bond thereof shall have expired. The bond shall be maintained until the Applicant is no longer working in or on City Streets.
SEC. 28-223 LIABILITY OF CONTRACTOR AND SURETIES FOR MAINTENANCEAND REPAIR WORK
Any defects of workmanship or material relating to work done by an excavator during the initial Project or becoming known or which should have been known during the guarantee period (the Life ofthe Street) shall be known as maintenance or repair work and both the excavator and the sureties and/or the Contractor's bond shall be fully liable fOr any default of such Contractor under this section. In the event ofa failure in the restoration ofan Excavation. the ROW User shall have one opportunity to repair. in a timely manner. the section o(the restoration that has failed at its expense. which repair shall be in accordance with the standards set forth in this chapter. In the vent of any subsequent failure of that section of the restoration. the City retains the right and option to terminate the ROW User's guaranty. upon written notice to the ROW User. In such event. the ROW User shall reimburse the City fOr its direct costs associated with the repair ofthe failure o(the restoration work.
SEC. 28-224 WHEN ADDITIONAL SECURITY REQUIRED
In the event the Director reasonably believes the Contractor or ROW User's solvency is threatened. the Director may, at any time. make written demand on a Contractor or ROW User fOr bonds and the Contractor or ROW User shall immediately furnish such additional bond or bonds.
SEC. 28-225 DECISION OF DIRECTOR BINDING ON CONTRACTOR. ROW USER. AND SURETIES
32 Any question about when any work was actually begun or any other specific date shall be determined by the director and shall be binding on the Contractor, ROW User, and the sureties on all such bonds.
DIVISION 5 VARIANCES AND EXEMPTIONS
SEC. 28-226 VARIANCESIEXEMPTIONS
A Permittee or ROW User may request a variance from any ofthe requirements of this Chapter by Filing a written request with the Director stating the requirement and the basis for requesting the variance. Incomplete variance requests may be rejected. The applicant shall bear its own expenses ofthe application process.
A) Any request for a variance from any Right of Way restoration requirement shall be made in writing in advance ofany contemplated work and shall be accompanied by digitally formatted detailed plans ofthe substituted reconstruction and/or repair of the excavated area, ifapplicable.
B) Any request for an exemption from any penalty or fee other than as provided in this, Shall be made in writing. and shall be accompanied by a written detailed request stating the reason thereof .
C) Any request for an exemption from any Permit, or any other requirement ofthis Chapter shall be made in writing, by detailed written request therefore, stating all pertinent reasons.
D) The Department shall grant or deny an application for a variance within ten (10) days ofreceipt ofthe application for variance. .
E) Denial ofthe variance may be appealed in accordance with the Appeal Section of this Chapter.
DIVISION 6 SPRINKLER SYSTEM INSTALLATION
SEC. 28-227 COMMERCIAL AND RESIDENTIAL IRRIGATION, SPRINKLER SYSTEMS -INSTALLATION
For sprinkler system installation please refer to chapter 25 Plumbing ofThe City ofLaredo Code of Ordinances. Other references is The City ofLaredo Standard Technical Specification Manual.
DIVISION 7 CERTIFIED TELECOMMUNICATION PROVIDERS
SEC. 28-228 CERTIFICATED TELECOMMUNICATION PROVIDERS AUTHORITY REQUIRED/NON-EXCLUSIVE USE
33 A CTP must provide evidence to the Director that the CTP has acquired authorization from the Texas Public Utility Commission of Texas pursuant to state law, prior to obtaining a permit to use the Public Rights ofWay. The Director shall also confirm with the City Communication Officer that the CTP is registered as a CTP authorize to provide service in Laredo. The CTP's right to use and occupy the Public Rights ofWay shall not be exclusive and CTP recognizes that the City reserves the right to exercise the maximum amount ofauthority its retains following adoption ofChapter 283 of the Texas Local Government Code.
SEC. 28-229 ADDITIONAL AUTHORITY REQUIRED
Neither the CTP nor any oOts Affiliates are authorized to provide cable television service as a cable operator or to operate an open video system in the City, unless they have first obtained a separate cable franchise agreement under such terms and conditions as may be required by law. This section does not preclude the CTP from providing its services to cable television companies. Unless a cable television operator shows proofofappropriate authorization, nothing herein shall authorize the CTP to license, sublicense, lease, and sublease or by any instrument authorize any cable television operator the right to use or utilize the transmission media or Facilities ofthe CTP.
SEC. 28-230 TRANSFER AND NOTICE
A CTP shall notify the Director and the City's Director of Information Services and Telecommunication of any sale, transfer, merger or assignment ofthe ownership or control ofa CTP's business within at least thirty (30) days prior to such sale, transfer, merger or assignment. A CTP shall also maintain and provide current point-or-contact information with the Director and the City's Director ofInformation Services and Telecommunication at all times during which the CTP uses the Right of Way.
SEC. 28-231 EXEMPTION FROM FEES
In compliance with state law Certified Telecommunications Providers are exempted from the .following fees provided for in this Ordinance: • Permit Application Fee, including Expedited Application Fee, and Permit Expiration Fee; • Additional Excavation Permit Fee; • Inspection Fee: • Registration Fee;
Should state law be amended to make collection of any of these fees permissible, then the above granted exemption shall cease to exist for that fee.
SEC. 28-232 INDEMNIFICATION
A CTP shall indemnify the City as specified by Section 283.057 ofthe Texas Local Government Code, as may be amended A CTP shall be exempt from all requirements ofthis Ordinance that are inconsistent with Section 283.057 o[the Texas Local Government Code.
34 DIVISION 8 MINOR ENCROACHMENT LICENSE
SEC. 28-233 MINOR ENCROACHMENT LICENSE
a) In addition to any Permit and Application fees required by this Ordinance, a non CTP ROW user shall obtain a minor Encroachment License, including the payment ofan annual fee for each wire telecommunications system installed by boring or open-cut trenching beneath Right ofWay or deployed aerially above the Right ofWay. The terms and fees ofthe license issued by the Director shall be consistent with the guidance below.
b) In the absence ofan agreement between the City and the ROW user to the contrary, each license shall authorize the installation ofwiring or conduit that shall not exceed four and one-half{41/2) inches in external diameter unless granted permission by the Director upon a showing ofneed.
c) In the absence ofan agreement between the City and the ROW user to the contrary. each active or non-active fiber optic conduit license shall be for a term offive (5) years, with the option to renew for a five year term. Each license shall not be transferable or assignable without first obtaining City Council approval.
d) In the absence of an agreement between the City and the ROW user to the contrary, the annual fee from each minor encroachment license shall be the greater oftwo thousand five hundred dollars ($2500.00) or the number oflinear feet ofencroachment times two dollar and fifty cents ($2.50) for the first year following enactment ofhis Ordinance. The linear foot rate shall increase by CPI per year.
e) The processing fee for each minor encroachment license shall be ($500.00) five hundred dollars.
SEC.28-234 ADMINISTRATION OF MINOR ENCROACHMENT LICENSES
a) The position of City Communications Officer shall be maintained and the City Communications Officer shall be an employee of the City, who shall report to the City manager.
b) The duties ofthe City Communications Officer shall include: '
1) To receive complaints from members ofthe public regarding Licensees uses and occupancy ofthe Right-of.-Way, to advise Licenses concerning such complaints, to communicate with other municipal, state and federal regulators concerning complaints and related matters and to report to the Council and to the City Manager on all complaints received and the resolution ofthese complaints as appropriate.
2) To prepare reports, recommendations, and other documents concerning Licensees uses and occupancy of the Right-of Way, and to submit the same to the City
35 Manager.
3) To advise the City Manager concerning any matters pertaining to the City's management of the use and occupancy of the Right-of Way by Licensees.
4) To procure and review audits ofthe operational activities ofCTPs and Licensees to ensure conformity oftheir use and occupancy ofthe Right-of-Way to this Ordinance and the terms oftheir respective Licenses.
5) The City Manager shall from time to time submit to the Council a proposed budget for the Office ofthe City Communications Officer showing the salaries to be paid to the City Communications Otficer and any other personnel to be assigned to the office and all other projected expenses ofthe office. .
DIVISION 9 WEIGHT-LIMITED BRIDGES
SEC. 28-235 BRIDGE WEIGHT LIMIT VIOLATION
It shall be unlawful for the operator ofany vehicle to drive haul push or tow, wholly or partially, any load upon a posted weight limited bridge, which collectively exceeds the officially designated and posted maximum bridge weight, whether or not all load bearding wheels travels onto the bridge.
SEC. 28-236 PENALTY UPON CONVICTION
Any violation ofthe provisions ofthis division is hereby declared to be a health and safety related violation. A culpable mental state is not required to prove an offense under this article. A person who violates a provision ofthis article is guilty ofa separate o((ense (or each day or portion ofa day during which the violation is committed, continued authorized, directed or permitted. An offense under this Section is punishable by a fine of not less than $500 or more than $2000. Any other offense under this article is punishable by a fine of$500. The article may be enforced by civil court action in accordance with State or Federal law, in addition to any other remedies, civil or criminal, the City has (or a violation ofthis article.
DIVISION 10 AGUS (ABOVE GROUND UTILITY SYSTEM)
SEC. 28 - 237 PERMIT AND OTHER REQUIREMENTS
(1) A permit shall be required (or all AGUS in the public right-ofway when,·
(A) Placing new AGUS on or adjacent to residentially zoned property: or
(B) Replacing or upgrading AGUS in residentially zoned property in accordance with (ollowing,· or
(i) The upgrade or replacement AGUS is larger than the existing
36 (iO The upgrade or replacement AGUS is taller than 39 inches
(C) An AGUS replaces a utility structure that was previously below ground
(2) A permit is not required (or:
(A) Placing AGUS on property not zoned residentially or adjacent to properly zoned residentially.
(B) Replacements or upgrades to existing AGUS that are in compliance with the AGUS Guidelines in effect at the time o(the replacement or upgrade.
(C) Replacements or upgrades that do not increase the size or change the location ofan existingAGUS that is less than 39 inches tall
(D) Maintenance or service to an existingAGUS
(3) Permit applicants shall identify appropriate locations (or the AGUS that Comply with the placement criteria set forth in the AGUS Placement Guidelines
(4)· AGUS shall comply with all requirements ofother City ordinances and other State and federal laws and regulations. The AGUS owner shall be responsible for obtaining other permits, as required.
(5) The owner ofan AGUS shall maintain the AGUS free ofgrafJiti and other defacements such as posters, stickers, decals, and signs, except those placed on the AGUS by the AGUS owner. The exterior finish ofa utility structure shall be maintained relatively free of rust, peeling or faded paint, or other visible deterioration. An AGUS and its supporting (oundation or pad shall be maintained in such a wqy as to prevent or eliminate leaning and soil erosion underneath. AGUS that lean beyond fifteen degrees 05°) from the perpendicular shall be corrected to be as close as possible to perpendicular. Any open space between the bottom ofa foundation or pad and the ground underneath shall be filled with either additional soil or concrete to maintain continuous contact with the ground. The permit application (or installation of an AGUS shall include the name, mailing address and telephone number of a single point-of contact responsible for resolving graffiti and other appearance issues should they occur.
(6) The AGUS shall be clearly marked with the owner IS name and telephone number.
SEC. 28-238 AGUS-REQUEST FOR WAIVER
(1) A request for a waiver from placing AGUS in accordance with one or more o(the AGUS Placement Guidelines may be made to the Director with respect to a particular site for a proposed utility structure. The request (or a waiver must 37 include a detailed justification (or the waiver. including alternative sites sought and reviewed; proofthat compliance with the guideline is impracticable; and the necessity ofthe AGUS and its size at the proposed site to provide service. .
(2) Within 10 business days ofreceipt ofa written request (or a waiver. the Director may grant a waiver (or good cause shown. Waiver requests not granted within that time period are deemed denied.
(3) In making this decision. the Director shall consider:
(A) the feasibility ofother sites not located in the public right-ofway and a AGUS Owner's efforts to secure those sites;
(B) the size. location and impact ofthe proposed AGUS at the proposed site and the on the surrounding properties;
(C) the AGUS owner's need to provide services to a property or area to be served by the proposed site;
(D) the AGU$ owner's need (or the proposed size ofthe AGUS to provide services to a property or area to be served by the proposed site;
(E) the public health. safety. welfare and convenience; and
(F) the size and location ofother nearby AGUS.
(4) The Director shall indicate in written communication the basis (or granting or denying any waiver pursuant to this subsection.
(5) If a waiver is deemed denied because of it was not granted within the allowed timeframe. the AGUS Owner may resubmit the request to the Director or appeal as set out below.
(6) The Director's decision regarding the waiver may be appealed to the City Manager or his or her representative within 10 calendar days ofthe Director's decision. The City Manager decision shall be subject to the same time constraints and considerations as set out above (or the Director.
SEC. 28 - 239 AGUS - PLACEMENT GUIDELINES
A. Identification ofappropriate location so that: i. Pedestrian travel is not unreasonably impeded, paying particular attention to the needs ofpersons with disabilities. ii. access to city or other service provider facilities is not obstructed. iii. Travel on public streets is not impeded. 38 iv. Property owners are not unreasonably inconvenienced. B. Locate AGUS as close as practical to the common lot line. C Place AGUS on a common side ofthe building. D. The AGUS supporting pad should extend no more than 1 foot from the structure unless required for structural stability or for safe access or to provide a stable surface for workers to stand on while servicing the AGUS. E. AGUS should not be larger than the necessary to contain and protect the required equipment. F. AGUS should not obstruct the view oftrafJic and signals G. AGUS should not front the boundaries ofa park H AGUS should not front the boundaries ofapark
DIVISION 11. REPEALING CLAUSE
All ordinances ofthe City ofLaredo, Texas, in conflict with the provisions ofthis ordinance be, and the same are hereby, repealed; provided, however that all other provisions ofsaid ordinances not in conflict with the provisions ofthis ordinance shall remain in full force and effect.
DIVISION 12. SEVERABILITY
Should any word, sentence, paragraph, subdivision, clause, phrase or section ofthis ordinance, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity ofthe remaining portions ofsaid ordinance, or the Code ofOrdinances, as amended hereby, which shall remain infullforce and effect.
DIVISION 13. SA VINGS CLAUSE
All rights or remedies ofthe City ofLaredo, Texas, are expressly saved as to any and all violations that have accrued at the time of the effective date of this Ordinance, and, as to such accrued violations and all pending litigation, both civil or criminal, whether pending in court or not, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts.
DIVISION 14. PENALTY FOR VIOLATION
Any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this Ordinance shall be deemed guilty of a Class C Misdemeanor and upon conviction in the Municipal Court, shall be punished by a fine not to exceed two thousand dollars ($2,000) if the offense involves fire safety, public health, sanitation, or zoning, and not to exceedfive hundred ($500) for other offenses. Each day a violation or noncompliance continues constitutes a separate offense. The penalty provided herein shall be cumulative ofother remedies provided by State Law, and the power ofinjunction as provided in V. T. CA. Local Government Code 54.012 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
DIVISION 15. EFFECTIVEDATE 39 This ordinance shall take effect immediately from and after its passage, and publication of the caption, as the law and charter in such cases provide.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE
__ DAY OF ______-, 2009.
ATTEST:
GUSTAVO GUEVARA, JR RAUL G. SALINAS CITY SECRETARY MAYOR
APPROVED AS TO FORM:
RAUL CASSO CITY ATTORNEY
BY: ______- KRISTINA LAUREL HALE ASSISTANT CITY ATTORNEY
40 COUNCIL COMMUNICATION
DATE: SUBJECT: FINAL READING OF ORDINANCE 2009-0-046 Authorizing the City Manager to execute a lease agreement with Laredo 04/06/09 Equities, LLC for the use of Veteran's Field. The lease term is for one season beginning on May 1, 2009 and ending September 1, 2009 at a minimum of 30 games ($30,000) at $1,000.00 per game plus $1,000 per playoff game. Laredo Equities will also be responsible for 50% of utility costs for Veterans Field during the term of the lease as outlined in the lease agreement terms. (As Amended) INITIATED BY: STAFF SOURCE: Jesus Olivares Miguel A. Pescador Assistant City Manager Parks and Leisure Services Director
PREVIOUS COUNCIL ACTION:
On March 16, 2009 City Council approved a lease agreement with Laredo Equities, LLC for the use of the Veteran's Field for one season.
BACKGROUND:
City staff and Laredo Equities have negotiated the lease terms for a one season lease of Veteran's Field with the purpose of offering semi-professional baseball to Laredo. This will be the Laredo Broncos 4th Season in Laredo and at Veteran's Field.
Additionally, the agreement provides terms that will make Laredo Equities, LLC responsible for 50% of utility costs. Maintenance shall be provided by Laredo Equities, this agreement also honors all existing agreements for the use of Veteran's Field by other local entities.
FINANCIAL IMPACT:
The Veteran's Field Fund Fiscal Year 2008-2009 will be amended as follows:
Annual Budget Proposed Amended Budget FY 08-09 Amendment FY 08-09 Veteran's Field Fund: Revenues: 245-0000-361-1 007 $50,000 ($20,000) $30,000
Expenditures: Operations Expense Division (3150) $50,000 ($20,000) $30,000
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:
N/A Staff recommends approval. FINAL READING ORDINANCE 2009-0-046
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH LAREDO EQUITIES, LLC FOR THE USE OF VETERAN'S FIELD. THE LEASE TERM IS FOR ONE SEASON BEGINNING ON MAY 1, 2009 AND ENDING SEPTEMBER 1, 2009 AT A MINIMUM OF 30 GAMES ($30,000) AT $1,000.00 PER GAME PLUS $1,000 PER PLAYOFF GAME. LAREDO EQUITIES WILL ALSO BE BE RESPONSIBLE FOR 50% OF UTILITY COSTS FOR VETERANS FIELD DURING THE TERM OF THE LEASE AS OUTLINED IN THE LEASE AGREEMENT TERMS. (AS AMENDED)
WHEREAS the City of Laredo is the owner of Veteran's Field; and
WHEREAS the Laredo Equities has a lease agreement with the City for the use of Veteran's Field in order to conduct the operations of the Broncos Professional Baseball team; and
WHEREAS the City deems it necessary to amend the 2008-2009 Fiscal Year Veteran's Field Fund in order to properly appropriate revenues and expenditures under such lease terms.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1. Amending the Veteran's Field Fund Fiscal Year 2008-2009 as follows:
Budget Annual Budget Proposed Amended FY 08-09 Amendment FY 08-09 Veteran' Field Fund: Revenues: 245-0000361-1007 : $50,000.00 ($20,000.00) $30,000.00
Expenditures: Operations Expense (3150) $50,000.00 ($20,000.00) $30,000.00
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ____ DAY OF ,2009.
RAUL SALINAS, MAYOR APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY
ATTEST: BY:U~~~ GUSTAVO GUEVARA, JR. KRiSTINALHAi CITY SECRETARY ASSISTANT CITY ATTORNEY AMENDMENT TO LEASE AGREEMENT
This lease agreement (also known as this Veterans Field Lease) was approved by Ordinance No. day __, and is made and entered into this __ day of ---l.. 2009 by and between The City of Laredo, Texas (hereinafter called "City") and Laredo Equities, LLC a Texas Limited Liability Company (hereinafter called "Laredo Equities"), upon and subject to the following terms and conditions, to wit:
WHEREAS, City is the owner of Veteran's Field located at 2200 Santa Maria St. in the City of Laredo, Texas and more fully described in Exhibit A hereto; and
WHEREAS, City has determined a minor league baseball team playing in Laredo is in the City's interest and has directed staff to negotiate a lease with Laredo Equities for Veteran's Field; and
WHEREAS, Laredo Equities seeks to lease Veteran's Field to operate a professional baseball team and baseball organization in the City of Laredo and to occupy Veteran's Field, in accordance with the terms hereof;
NOW THEREFORE, for and in consideration of the mutual covenants and benefits to the parties herein contained, the parties mutually agree that City will lease Veteran's Field to Laredo Equities for the purpose of operating a professional baseball team and for operation of non baseball activities, upon and subject to the terms and provisions hereof.
1. Definitions: a. "Equipment" means concession appliances, ticket booths, audio equipment, machinery, furniture and fixtures, furnishings, and similar items. This category contains property that does not lose its identity when removed from its location. b. "Maintenance" shall include mowing, trimming, landscaping, and irrigation such as to maintain leased premises in condition it was in at time of lease execution and janitorial services and materials necessary thereof. c. "Non-baseball activities" include concerts, non-baseball sporting events and special programs. d. "Parties" means City of Laredo and Laredo Equities, LLC e. "Political signage" means political message as defined by the City of Laredo Code of Ordinance, Local Government Code, and Texas Election's Code and includes political signage. f. "Term" means duration of Veteran's Field Lease Agreement and any extension thereof. g. "Utilities" means water, sewer, trash, gas, and electricity. h. "Veterans Field" means the City owned 5,000 seat capacity baseball stadium located at 2200 Santa Maria St. Laredo Texas 78040.
2. Terms of Stadium Lease:
City hereby leases Veteran's Field to Laredo Equities in accordance with the terms and conditions set forth in this Agreement for a term of four (4) month commencing on May 1, 2009 and terminating September 1. 2009.
3. Holding Over:
There shall be no holding over beyond the end of the one year term.
4. Rent:
Laredo Equities shall pay to City during the term of this lease the following:
A sum equal to the greater of either
(a) Minimum of $30,000 for Regular Season of 30 games ($1,000.00 per game) Plus One Thousand Dollars for each additional game, and $1,000 per playoff game.
Lease payments shall be payable prior to the first game of the season, and, if any additional sum is due under the terms of Section 4 (a), above, said additional sum shall be payable on the 15th day of September.
5. Accounting and Reporting
Laredo Equities shall establish and maintain during the term of this lease separate records and accounts relating tickets sold and complimentary and shall be subject to examination and audit by the City of Laredo at any time.
Laredo Equities shall follow the City of Laredo's fixed asset policy for additions/disposition of assets.
6. Maintenance:
The City shall provide 100% maintenance and maintenance crews for leased premises. The City is solely responsible for providing for all of costs and expenses for maintenance, for all field maintenance crews, who will work in coordination with each other for maintenance and care of the playing field in a condition comparable to the condition Veteran's Field is in at the time of Veteran's Field Lease execution, including field and chalk-line preparation, necessary supplies for games and events sponsored or permitted by Laredo Equities, and post-event cleanup of stadium and stadium grounds. The City shall pay 50% of costs on outside repairs. In the event, after 5 business days written notice from City, Laredo Equities fails to maintain Veteran's Field in a condition comparable to the condition Veteran's Field was in at time of Veteran's Field Lease commencement, City may, at its option, perform or cause to be performed such maintenance to Veteran's Field. Moreover, the City shall not be responsible for providing any maintenance for any amenities or equipment not owned by City during the term of this lease and shall be entitled to 100% of all sums reasonably expended for such maintenance from Laredo Equities.
Clean up of the stadium and grounds shall be performed by Laredo Equities immediately after
2 any and all events so that stadium and grounds are clean and prepared for the next game or event. Laredo Equities shall be responsible for proper trash receptacles/dumpster including pickup and disposal.
Neither this section, nor any other section of Veteran's Field Lease, shall be interpreted as a requirement for the City to improve or add to Veteran's Field or to contribute to the improvement or addition to Veteran's Field since Laredo Equities understands that Veteran's Field is being leased to them AS IS, as approved by Laredo Equities during initial walk through. Parties agree to bi-weekly meetings to discuss and address the maintenance issues or concerns that may develop provided that upon execution of this lease all items within the leased premises shall be in good working order.
7. Repairs:
Any repairs caused aside from normal wear and tear will be Laredo Equities responsibility. All repairs need to first be approve by Laredo Equities. Each party shall be responsible for providing 50% of costs and expenses for repairs. The City shall be responsible for the plumbing repairs.
Laredo Equities shall be responsible for providing all repairs of Veteran's Field, including but not limited to, electrical, roofing, foundation and all structural areas within Veteran's Field. Moreover, the City shall not be responsible for providing any repairs for any amenities or equipment not owned by City during the term of this lease.
Laredo Equities shall accept all existing equipment AS IS provided that upon execution of this lease all items within the leased premises shall be in good working order to agree by Laredo Equities through the walk through checklist.
8. Utilities:
Laredo Equities shall pay for 50% of costs and expenses relating to utilities commencing May 1st on a reimbursement within (10) days of invoice receipt. Laredo Equities shall pay the months of May and June and the City of Laredo will pay for the month of July and August. Utilities shall only include water, sewer, trash, gas, and electricity, defined in Section 1. Laredo Equities shall provide an additional dumpster.
Laredo Equities is responsible for telecommunication services expenses which will be invoiced similarly. Laredo Equities shall be responsible for paying for all telephone, internet, cable, and other related expenses of Laredo Equities or its invitees.
9. Times of Occupancy:
Except as otherwise stated herein, it is agreed that Laredo Equities shall be the exclusive occupants of Veteran's Field during the term of this lease.
As used herein, the term "Veteran's Field" shall include Veteran's Field in the City of Laredo, Texas located on a tract of land more fully described in Exhibit A hereto, the entire premises,
3 including, but not limited to, the playing field and dugouts, all stadium seating, press box, concession areas, scoreboard, rest rooms, player and umpire dressing rooms, locker rooms, storage facilities, ticket selling and ticket taking facilities, souvenir stands, offices, and the identified parking areas designated by City for use by Laredo Equities during its term of occupancy.
Laredo Equities understands that the property is being leased to them AS IS, provided that all equipment and facilities shall be in good working order upon the execution of this lease.
Accordingly, City will not improve, add, nor provide any additional seating, press box, concession areas, scoreboard, rest rooms, player and umpire dressing rooms, locker rooms, storage facilities, ticket selling and ticket taking facilities, souvenir stands, offices, parking areas or anything else.
Laredo Equities agrees that Laredo Independent School District (hereinafter called "LISD") will be granted access to and scheduled use of Veteran's Field, at no expense to LISD, in accordance with "Joint-Use Agreement For Outdoor Recreational Facilities" and their schools' baseball schedule, as more fully described in Exhibit D, but shall not conflict with Laredo Equities' baseball schedule. Laredo Equities agrees that a fee for use of Veteran's Field shall not be required from City of Laredo or LISD. Laredo Equities agrees that all revenues from LISD events (ticket revenues, parking revenues, concession revenues) shall be revenue for LISD and not revenue to be shared with Laredo Equities. Laredo Equities and City of Laredo shall follow Section 6, Section 7, and Section 8 of this lease to address and pay for the costs of field maintenance, maintenance of stadium and grounds, and utilities incurred as a result of LISD's use thereof.
Laredo Equities agrees that Texas A&M International University (hereinafter called "TAMIU") will be granted access to and scheduled use of Veteran's Field for playing intercollegiate baseball, in the event that T AMID and the City of Laredo have a joint use agreement in effect, at no expense to City or Laredo Equities, so long as it does not conflict with Laredo Equities scheduled use of Veteran's Field. In the event TAMIU seeks to use Veteran's Field, Laredo Equities may require of TAMID to, by written agreement, pay the entire cost of field maintenance, maintenance of stadium and grounds, and utilities incurred as a result of T AMIU' s use thereof. This amount shall be assessed after use of Veteran's Field by T AMIU. There shall be no other expense incurred by TAMIU. Laredo Equities agrees that a fee for use of Veteran's Field shall not be required from City of Laredo or TAMID. Laredo Equities agrees that all revenues from tickets sold for T AMID events and all parking revenues from T AMID events shall be revenue for TAMID and not revenue shared with Laredo Equities. Laredo Equities and City shall share, in accordance with Veteran's Field Lease, concession revenues from TAMID events.
Laredo Equities agrees that the City, non-profit organizations or governmental entities, will be granted access to and scheduled use of Veteran's Field, at no expense to the entities involved in a City sponsored event, for the term on of the Veteran's Lease. Five (5) days will be set aside in the agreement for City, non-profit, or governmental sponsored events, which shall not conflict with Laredo Equities' baseball schedule. Laredo Equities agrees that all ticket revenues and parking revenues from City sponsored events shall be revenue for entities involved in City sponsored events and not revenue to be shared with Laredo Equities. Laredo Equities and City
4 of Laredo shall follow Section 6, Section 7, and Section 8 of this lease to address and pay for the cost of field maintenance, maintenance of stadium and grounds, and utilities incurred as a result of City sponsored events use thereof.
City may continue throughout the term of this lease to have complete access to all leased property for the purpose of inspection at any time deemed necessary by City, insofar as such access does not conflict with Laredo Equities' use thereof.
10. Exclusive Rights of Laredo Equities:
During the term of the Veteran's Field Lease, or any extension, or renewal thereof, Laredo Equities shall have, subject to other provisions herein contained and subject to Section 10, the exclusive right to: a. Sell, dispense, vend, market or otherwise distribute to the public all food, drink, alcohol, and beer concession items (hereinafter called "Concessions") for all events at Veteran's Field. Laredo Equities shall have the right to prohibit the bringing of any food or beverages into Veteran's Field or onto the leased premises by any person during Laredo Equities' events. However, LISD shall be permitted to sell, dispense, vend, market or otherwise distribute to the public all food, drink, alcohol (subject to Joint Use Agreement between City and LISD), and beer concession items (hereinafter called "Concessions") for all LISD events at Veteran's Field. b. Sell, dispense, vend, market or otherwise distribute souvenirs, programs, clothing, printed matter, photographs and other items during the term of the Veteran's Field Lease. It is agreed that Laredo Equities will not sell or market or distribute any item which infringes on any intellectual property owned or held by City or its affiliated organizations. However, LISD, TAMIU and entities involved in City sponsored events shall be permitted to sell, dispense, vend, market or otherwise distribute LISD's, TAMIU's, and entities' (involved in City sponsored events) souvenirs, programs, clothing, printed matter, photographs and other items during all LISD, TAMIU, and City sponsored events at Veteran's Field and all revenues shall remain the property of said entities. c. Sell advertising signage to be affixed to Veteran's Field premises outfield fences, tops of dugouts, on-deck circles, stadium concourse and other infrastructure areas, press box, light poles, foul poles, seat backs and other surfaces and areas commonly used for signage in baseball facilities, Stadium naming rights (in accordance with Section 2 of Veteran's Field Lease), and all print advertising in its programs, game-day scorecards (hereinafter called "Advertising"). Laredo Equities shall not allow any political signage to be affixed to or distributed in Veteran's Field premises, or on any print advertising in its programs, or game day scorecards, or any other type of medium or anywhere on leased premises. d. Sell all radio, television, and broadcast advertising of any kind whether transmitted by media using radio frequency, hardwire (including data transmission) or any other medium of broadcast or transmission of any kind or character, and advertising incident to promotional events sponsored by Laredo Equities at Veteran's Field under the terms of the Veteran's Field Lease.
5 e. Laredo Equities shall be pennitted use of the identified parking areas adjacent to Veteran's Field as more fully described in the diagram attached hereto as Exhibit B, and has the exclusive right to charge for such parking during all such Laredo Equities' scheduled events during the tenn of this Lease Agreement (hereinafter called "Parking"). However, LISD, T AMIU, and entities involved in City sponsored events shall be permitted use of the identified parking areas adjacent to Veteran's Field as more fully described in the diagram attached hereto as Exhibit B, and have the exclusive right to charge for such parking during all such LISD, TAMIU, and City sponsored events during the term of this Lease Agreement (hereinafter called "Parking") during LISD, TAMIU or City sponsored events at Veteran's Field and all revenues shall remain the property of said entities. f. Laredo Equities shall have the right to the use of all concession equipment at Veteran's Field that belongs to, or regarding which City has the right of use, including, but not limited to, refrigeration equipment, walk-in coolers, drink machines, cooking equipment, stoves, cooking utensils, roller grills, and menu boards. g. Laredo Equities shall have the right to the use of all other electronic, telecommunications, or public address equipment at Veteran's Field that belongs to, or regarding which City has the right of use, including, but not limited to, the telephone system, sound system, press box equipment, computers, and control panels. However, LISD, TAMIU and entities involved in City sponsored events at Veterans Field shall have the right to the use of all other electronic, telecommunications, or public address equipment at Veteran's Field that belongs to, or regarding which City has the right of use, including, but not limited to, the telephone system, sound system, press box equipment, computers, and control panels during LISD, TAMIU, and entities involved in City sponsored events.
Subject to the exceptions mentioned above, Laredo Equities shall be entitled during the entire tenn of Veteran's Field Lease or any extension, or renewal thereof to all revenue from any source except all revenue from LISD events, TAMIU event parking revenues and ticket revenues, and City sponsored event parking revenues and ticket revenues derived from the sale of tickets, food, drink, alcohol and beer concession items, as well as sale of Laredo Equities souvenirs, programs, clothing, printed material, photographs and other items, advertising signage, naming rights (in accordance with Section 2), parking and sky box lease rentals.
11. Responsibilities of Laredo Equities to City:
Except for nonnal wear and tear, Laredo Equities is solely responsible for any loss or damage to equipment that is present at time of contract execution at leased premises and for any other equipment or facilities City or Laredo Equities may choose to supply in the future. Laredo Equities' responsibility for loss or damage will begin once lease agreement becomes effective.
Laredo Equities shall provide, at its sole cost, adequate qualified personnel for event-day traffic control within the parking lots, and stadium operations, including but not limited to concessions, souvenir sales, press box, scoreboard and public address systems. Laredo Equities shall be responsible for complying with all ordinances of the City of Laredo, State and Federal Laws, and shall be responsible for obtaining, maintaining, and paying for all necessary permits, licenses,
6 and any copyright fees.
Laredo Equities shall be responsible for paying for all telephone, internet, cable and all other related expenses of Laredo Equities or its invitees.
Laredo Equities shall make good faith efforts to advertise Laredo Equities sponsored events and shall make good faith efforts to obtain advertising from others to be affixed in leased premises, as per Section 10 (c.) of this contract. Laredo Equities shall not allow any political signage, as defined in Section 1 of Veteran's Field Lease, on leased premises, printed media, or any other medium. Laredo Equities shall keep all of the advertisement all year long.
Laredo Equities shall provide and maintain for the 2009 baseball season [i.e. from May 1, 2009 to September 1, 2009, the term of this lease], two (2) point-of-sale concession facilities of a quality consistent with the two (2) point-of-sale concession facilities provided by it during the prior season. Laredo Equities shall have concession rights only during the baseball season.
For the duration of this, and for a period of (3) years after the end of the Fiscal Year 2007, Laredo Equities shall keep and maintain complete and accurate financial and accounting records regarding Veteran's Field premises and operations. The City (including accountants and attorney's designated by the City) shall be entitled to inspect the records during the term of this lease and five (5) years thereafter at the Laredo Equities' (or parent company's) office, upon not less than twenty-four (24) hours' notice, and at all reasonable times.
12. Indemnification:
Laredo Equities shall protect, defend, indemnify and hold harmless City, its officers, directors and employees, from and against any and all claims, demands, losses, suits, liabilities, or expenses, including court costs and reasonable attorneys' fees, if any, or property damage, or for injury to or death of persons, occurring on the premises described herein in connection with the use or occupancy of the premises by Laredo Equities, or occasioned by any activities engaged in by Laredo Equities on these premises or activity conducted and/or sponsored by Laredo Equities in connection with these premises, however caused, whether by the negligence of Laredo Equities or its subcontractors, their agents or employees, or their invitees, licensees or trespassers, or whether the defects or unfitness of the premises or any equipment, building or structure thereon, wheresoever occurring, even though the said negligence, defects or unfitness may have been caused, occasioned or contributed to, actually or allegedly, by the sole, concurrent, or comparative negligence of City or its officers, directors, or employees.
Laredo Equities agrees that such indemnity will be supported by, but not limited to, available liability insurance, under which the insurer has no right of subrogation against the indemnitee-City.
Laredo Equities shall, at its sole cost and expense, procure and continue in force during the term of this Lease Agreement, including any renewal term:
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 property damage.
7 With reference to the foregoing insurance requirement, Laredo Equities shall specifically endorse applicable insurance policies as follows:
1. The City of Laredo shall be named as additional insured with respect to General Liability, Automobile Liability.
2. All liability policies shall contain cross liability exclusions or insured versus insured restrictions.
3. A waiver of subrogation in favor of the City of Laredo shall be contained in the Workers Compensation, and all liability policies.
4. All insurance policies shall be endorsed to require the insurer to immediately notify the City of Laredo of any material change in the insurance coverage.
5. All insurance policies shall be endorsed to the effect that the City of Laredo will receive at least sixty- (60) days' notice prior to cancellation or non-renewal of the insurance.
6. All insurance policies, which name the City of Laredo as an additional insured, must be endorsed to read as primary coverage regardless of the application of other insurance.
7. Required limits may be satisfied by any combination of primary and umbrella liability insurances.
8~ Insurance must be purchased from insurers that are financially acceptable to the City of Laredo.
Before execution of this lease, Laredo Equities shall furnish the City with certified copies of all insurance policies mentioned above.
13. Damage to Stadium:
If Veteran's Field or any portion thereof is destroyed or damaged so as to materially hinder effective use of leased premises, through no fault or negligence of Laredo Equities or the City, either party may elect to terminate the Veteran's Field Lease upon thirty (30) days' written notice to other party. Should City terminate this lease in accordance with this Section of the Veteran's Field Lease, Laredo Equities shall be entitled to the reimbursement of any amount prepaid by Laredo Equities; however, Laredo Equities shall remain liable for any amounts or responsibilities owed to City up to the date of damage. In the event that damage to Veteran's Field occurs during a time that interrupts the baseball schedule, a prorated amount of the prepaid amount will be returned to Laredo Equities by the City.
14. Obligation of City for Team Sponsorship:
It is expressly agreed and understood that for so long as Laredo Equities is in compliance under the terms of Veteran's Field Lease or any extension, or renewal thereof, as the same may be amended from time to time, whether during the primary term hereof or during any term of
8 extension hereof, City shall be prohibited from sponsoring or assisting in any way, any other professional baseball team or professional baseball organization including but not limited to financial assistance, loans, property sales or leases, implicit or explicit sponsorship and promotions for the duration of Veteran's Field Lease; however, should City decide to pursue the construction of a stadium in the future and negotiations with or assistance in any way from the City to another professional baseball team or professional baseball organization is required, then the City may take such action and will not be considered to have breached the prohibition in this Section 14.
15. Default, Termination and Remedies:
The following will be deemed events of default: a. Either party defaults in the performance of any other covenant or condition of the Veteran's Field Lease and does not cure such default within thirty (30) days after written notice from the non-defaulting party specifying the default complained of; provided, however, that if it is not reasonably possible to cure within such thirty-day period, such cure period shall be for an additional limited period of time not to exceed thirty (30) days if within thirty (30) days after such written notice the curing party commences diligently and thereafter continues to cause such cure; or b. Laredo Equities abandons or vacates the Premises; or c. Laredo Equities files for bankrupt; or d. Laredo Equities assigns this lease or subleases all or any portion of the leased premises unless such assignment is to a control affiliate of Laredo Equities, which assignment is permitted without the prior approval of the City; or e. Laredo Equities fails to obtain all government certificates, permits, licenses or other approvals (collectively "Approval") required and/or easement required from any third party or any such "Approvals" are canceled, terminated, expired or lapsed and does not cure such failure within thirty (30) days after written notice from the non-defaulting party specifying the default complained of; provided, however, that if it is not reasonably possible to cure within such thirty-day period, such cure period shall be for an additional limited period of time not to exceed thirty (30) days if within thirty (30) days after such written notice the curing party commences diligently and thereafter continues to cause such cure.
In the event of default, non-defaulting Party shall have the right, at its option, in addition to and not exclusive of any other remedy non-defaulting party may have, without any further notice or demand, to terminate the lease.
16. Force Majeure:
This Agreement is subject to force majeure. Force majeure includes, but is not limited to, acts of God, landslides, lightning, earthquakes, fires (unless fire is a result of Laredo Equities' or City of Laredo's negligence or willful act), storms, hurricanes, floods and washouts. If either party is
9 prohibited from performing its obligations hereunder due to force majeure, it shall be relieved of its obligations hereunder to the extent prohibited.
17. Non-Discrimination:
Laredo Equities, as part of the consideration hereof, does hereby covenant and agree as follows:
That no person on the grounds of race, creed, color, sex, national origin or disability shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of Veteran's Field Lease;
That in the construction of any improvements on, over or under Veteran's Field, in the furnishing of services therein and in employment practices conducted thereon, no person on the grounds of race, creed, color, sex, national origin or disability shall be excluded from participation in, denied the benefits of or otherwise subjected to discrimination; and
That Laredo Equities shall use Veteran's Field in compliance with all applicable requirements of City's policies and procedures, and Federal, State and local law related to non-discrimination on the basis of race, creed, color, sex, national origin or disability.
18. No Assignment of Lease Agreement:
This lease or any interest therein is not assignable.
19. Venue:
This lease shall be governed by the laws of the State of Texas, and venue for any litigation related to this Agreement shall be in Webb County, Texas.
20. Entireties Clause:
This lease contains and incorporates the entire agreement of the parties respecting the matters set forth herein. No amendment or modification is permitted unless the same be in writing, dated and signed by all parties.
21. Notice:
Any notice required herein or otherwise required by law shall be effective upon delivery to the following addressee, at the last address provided in writing to the party giving notice:
As to City: Carlos R. Villarreal, City Manager City Hall 1110 Houston St. Laredo, Texas
10 As to Laredo Equities:
Bradley W. Wendt Chief Executive Officer United Sports Equities 1825 Main Street Ft. Lauderdale, FL 33326 (214) 256-3456 [email protected]
22. Severability Clause:
If and to the extent that a court of competent jurisdiction determines that any provision of the Veteran's Field Lease or part thereof is unenforceable, whether by virtue of excessive scope, term or otherwise, such provision or part thereof shall be interpreted so as to delete that portion of the provision which exceeds the maximum legal prohibition or otherwise to modify such provision in such a manner so as to make the Veteran's Field Lease, as so modified, enforceable.
SIGNED on the ___,day of ______, 2009
CITY OF LAREDO, a municipal corporation
By: ______~Kft-\ Carlos R. Villarreal City Manager
LAREDO EQUITIES LLC. a Texas Limited Liability Company
By: ______Bradley W. Wendt Chief Executive Officer
11 ATTEST
Gustavo Guevara, Jr. City Secretary
APPROVED AS TO FORM:
Raul Casso City Attorney dZ~~~ Kristina L. Hale Assistant City Attorney
EXHIBIT A
Description of Veteran) Field
EXHIBITB
Description of Reserve Parking
Description of General Admission Parking
12 EXHIBIT A
Description of Veterans Field
Physical address: 2200 Santa Maria
Baseball Stadium: (5,000 Capacity)
2 Concession Buildings 3 Restroom Facilities 2 Players Dressing Rooms 2 Storage Areas 2 Ticket Booths 2 Turnstiles
13 EXHIBITB
Description of Reserve Parking
Description of General Admission Parking
Paved parking area along Santa Maria and Garden 242 - Parking Spaces
14 COUNCIL COMMUNICATION DATE: SUBJECT: FINAL READING ORDINANCE 2009-0-047 AMENDING CHAPTER 13, (FOOD AND FOOD PRODUCTS) OF THE 04/0612009 CODE OF ORDINANCES, BY AMENDING ARTICLE II, (FOOD PRODUCTS ESTABLISHMENTS) DIVISION 3, (EMPLOYEES), AS FOLLOWS: SECTION 13-58 TO ALLOW FOR A..~ APPROVED HEALTH DEPARTMENT FOOD SERVICE PUBLIC HEALTH SANITATION TRAINING COURSE; AND PROVIDING FOR PUBLICATION.
INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy City Manager Health Director PREVIOUS COUNCIL ACTION: Ordinance was introduced to council on March 16, 2009. BACKGROUND:
The City of Laredo has rules and regulations for food handler training activities in the City of Laredo to update our training and to align with new state regulations we are amending the present rule for food handler training to allow for this change which includes approval of certified and/or approved by state or local public health authority alternative food handler sanitation training either classroom or online.
FINANCIAL: None.
RECOMMENDATION: STAFF: Recommends that Council approve the ordinance. ORDINANCE NO. 2009-0-047
AMENDING CHAPTER 13, (FOOD AND FOOD PRODUCTS) OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE II, (FOOD PRODUCTS ESTABLISHMENTS) DIVISION 3, (EMPLOYEES), AS FOLLOWS: SECTION 13-58 TO ALLOW FOR AN APPROVED HEALTH DEPARTMENT FOOD· SERVICE PUBLIC HEALTH SANITATION TRAINING COURSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City of Laredo has rules and regulations for food handler training activities in the City of Laredo that are limiting and out of date; and
WHEREAS, the City of Laredo has determined that the present rule for food handler training is not consistent with the communities needs and current training methods; and
WHEREAS, the City Council deems it necessary that food handlers be offered alternative approved methods of obtaining food service public health sanitation training.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1. Amendment.
That Chapter 13, Article II, Division 3, Employees of the Code of Ordinances be and is hereby amended to read as follows:
Sec. 13-56. Food handler's certificate and health training for employees for food service public health sanitation training for employees. (a) It shall be unlawful for any person operating a food establishment to employ any person in such food establishment within the city limits unless such person seeking employment in a food establishment shall have first obtained a valid food handler's certificate duly issued by the director of the health department pursuant to the requirements of this section. (b) Any owner, manager or any person in charge with care, custody and control of any food establishment shall certify, upon a proper form furnished by the health department, that all employees working for such food establishment shall be provided with food service public health sanitation training pursuant to all health ordinances, rules and regulations of the city during the first two (2) weeks of employment. (c) If the director of the health department or authorized representative of the health department shall determine that employees of any food establishment are not performing their duties in a hygienic manner, the director or authorized representative may require the food establishment to have all employees repeat training in food hygiene through a food service public health sanitation training conducted by the health department at a time and place prescribed by the health department. (Ord. of 12-16-24, § 1; Ord. No. 84-136, § 2, 9-18-84)
Sec. 13-57. Inspections. It shall be the duty of the director of the health department or his authorized representatives to inspect all food products establishments on a periodic basis or as often as the director or his agents may deem necessary. (Ord. of 12-16-24, § 2; Ord. of5-1-34, § 1; Ord. No. 84-136, § 2, 9-18-84)
Sec. 13-58. Issuance of food handler's certificates. (a) Any person required by this chapter to obtain a food handler's certificate must successfully complete the health department's food service sanitation training an approved health department food service public health sanitation training course before a food handler's certificate is issued. (b) In the event that the health department's food service public health sanitation training has been successfully completed, a food handler's certificate shall forthwith be duly issued to such qualified person for an effective period of two (2) years from the issuance date. (c) The director of the health department or his authorized representative is hereby authorized to adopt a standard form or forms for the issuance of food handler's certificates and such other record-keeping methods as will best benefit the general public and the health department. (d) It shall be the duty of all food handler's certificate holder to cause such certificates to be registered and properly filed at the health department. It shall be the duty of the health department to organize, establish and provide a permanent record of all certificates issued. Such records shall contain the name of the certificate holder, the date of issuance of the certificate, and such other data as the director of the health department may deem proper. (e) The health department shall collect a fee of twenty dollars ($20.00) for the issuance of a food handler's certificate for the administration of the health department's food service public health sanitation training and for partially defraying the cost thereof. The health department shall collect a fee of five dollars ($5.00) for the issuance of duplicate food handler's certificate. (f) The health department shall collect a fee of two hundred fifty dollars ($250.00) per site for providing on-site food service public health sanitation training, issuance of a food handler's certificate for the food service public health sanitation training, processing of food handler applications, and maintenance of food handler records.
Section 2. Publication.
This ordinance shall be published one (1) time In a newspaper of general circulation in Laredo.
Section 3. Effective Date. This ordinance shall become effective no less than thirty (30) days from the date of public hearing on this Ordinance, in accordance with the City Charter.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS ____ DAY OF ,2009.
RAUL SALINAS MAYOR
ATTEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM BY: RAUL CASSO CITY ATTORNEY
BY: 'zttMMb& ~ ~THAN BRATTON SSISTANT CITY ATTORNEY COUNCIL COMMUNICATION
Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2009-0-048 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional 04/06/09 UsePermit for an office on Lots 1,2, and 3, Block 7, Los Obispos Subdivision Unit II, lo cated at 4703 Costello Loop; providing for publication and effective date. Item # ZC-82-2008 Initiated by: Staff source: Laura Cabello Keith Selman, Planning Director Hareco/La Vaude-Vimosa II, L.C. Prior action: This item was introduced by Councilman Mike Garza at the meeting of 03/16109. BACKGROUND
Council District: I - Mike Garza
Proposed use: Office
Site: The site is occupied by an office.
Surrounding land uses: To the north, south, east, and west lay single-family residences and manu factured housing units, which is characteristic of a Mixed Residential District.
Comprehensive Plan: The Comprehensive Plan identifies this area as Medium Density Residential.
Transportation Plan: The Long Range Thoroughfare Plan does not identify Costello Loop.
Letters sent to surrounding property owners: 29 In Favor: 0 Opposed: 0
STAFF COMMENTS
Issuance of a Conditional Use Permit is appropriate at this location. This particular business has operated in harmony with the existing neighborhood for over a decade. It is also adjacent to Sierra Vista Boulevard, a designated minor arterial according to the Long Range Thorough fare Plan, which can accommodate the increased vehicular traffic an office use generates. Staff supports the issuance of a Conditional Use Permit and recommends that the following conditions be applied:
(Continued on Next Page) P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recommended Staff supports the proposed Conditional approval of the Conditional Use Permit. There was 1 Use Permit. vote in abstention.
Page 1 of 2 COUNCIL COMMUNICATION
Staff Comments (cont.)
1. The C.D.P. shall be issued to Hareco/La Vaude-Vimosa II, L.C., and is nontransferable. 2. The C.D.P. is restricted to the site plan, Exhibit "C," which is made part hereof for all purposes. 3. The C.D.P. is restricted to the activities described in letter, Exhibit "B", which is made part hereof for all purposes. 4. Provide parking spaces in compliance with the Laredo Land Development Code. 5. The owner must provide and maintain trees and shrubs in compliance with the Laredo Land Devel opment Code. 6. Signage is limited to the maximum of a twelve (12) square foot sign attached to the wall. 7. Hours of operation shall be 8:30 AM through 5:30 PM, Monday through Friday, and 9:30 AM through 2:00 PM on Saturday.
Page 2 of 2 ORDINANCE NO. 2009-0-048
AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR AN OFFICE ON LOTS 1,2, AND 3, BLOCK 7, LOS OBISPOS SUBDIVISION UNIT II, LOCATED AT 4703 COSTELLO LOOP; PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION.
WHEREAS, a request has been received for the issuance of a Conditional Use Permit for an office on Lots 1,2, and 3, Block 7, Los Obispos Subdivision Unit II, located at 4703 Costello Loop; and,
WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on December 18,2008; and,
WHEREAS, the Planning and Zoning Commission, after a public hearing, has recom mended approval of the Conditional Use Permit; and,
WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the City of Laredo City Council on this matter; and,
WHEREAS, the City Council has held a public hearing on March 16,2009, on the re quest and finds the Conditional Use Permit amendment appropriate and consistent with the General Plan ofthe City of Laredo; and,
WHEREAS, all conditions imposed by the Conditional Use Permit, and all pertinent requirements the Laredo Land Development Code shall be met before the activity sanctioned by the Conditional Use Permit may commence; and,
WHEREAS, the City Council does not consider the impact, if any, of private covenants and deed restrictions on the subject property with the adoption of this ordinance; and,
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: The Zoning Map of the City of Laredo be and is hereby amended by author izing the issuance of a Conditional Use Permit for an office on Lots 1,2, and 3, Block 7, Los Obispos Subdivision Unit II, located at 4703 Costello Loop.
Section 2: The Conditional Use Permit is further restricted to the following provision herewith adopted by the City Council:
1. The C.U.P. shall be issued to Hareco/La Vaude-Vimosa II, L.C., and is nontransferable. 2. The C.U.P. is restricted to the site plan, Exhibit "C," which is made part hereof for all purposes.
1 3. The C.U.P. is restricted to the activities described in letter, Exhibit "B", which is made part hereof for all purposes. 4. Provide parking spaces in compliance with the Laredo Land Development Code. 5. The owner must provide and maintain trees and shrubs in compliance with the Laredo Land Development Code. 6. Signage is limited to the maximum of a twelve (12) square foot sign attached to the wall. 7. Hours of operation shall be 8:30 AM through 5:30 PM, Monday through Friday, and 9:30 AM through 2:00 PM on Saturday.
Section 3: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.
Section 4: This ordinance shall become effective as and from the date of publication specified in Section 3.
Section 5: The Conditional Use Permit authorized by this ordinance shall be revoked pursuant to the Laredo Land Development Code, section 24.94.10, entitled "Revocation," ac cording to the criteria and procedures described therein and below:
1. Criteria
Any Conditional Use Permit, authorized by City Council, shall be considered in noncompli ance and shall be revoked and removed from the City of Laredo Zoning Map, in the event a court of law finds the use in violation of any of the following conditions:
A. The use established on site does not conform, at any time, with any or all permit condition(s) approved by the City Council and or any local, state, or federal law. B. The activity authorized by the Conditional Use Permit commences prior to the in stitution of all conditions imposed by the Conditional Use Permit. C. Discontinuance of the Council approved conditional use for a period of six (6) con secutive months. D. The use of which the Conditional Use Permit was authorized does not commence within six months of City Council's final approval date.
2. Procedures
Should City of Laredo Enforcement Official inspection reveal noncompliance with Laredo Land Development Code, Subsection 24.94.10, Conditional Use Permit revocation procedures shall commence as below stipulated:
A. A Zoning Officer shall, upon discovery of conditional use permit noncompliance as per 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 Zon ing Enforcement Official shall issue a written citation.
2 C. Should the citation result in a guilty verdict, the City of Laredo shall consider the Conditional Use Permit revoked and proceed with its removal from the City of Laredo Zoning Map. D. The Planning Director shall then issue the permit holder written notification of the Conditional Use Permit's official revocation and removal from the City of Laredo Zoning Map. E. In the event of discontinuance or failure to commence as stipulated in Subsection 24.94.10.1 D and E of this Ordinance, Zoning Enforcement Staff will issue written notification of same. Ten days after issuance of Zoning Enforcement notification of discontinuance or failure to commence, the Planning Director shall then issue the permit holder written notification of the Conditional Use Permit's official revoca tion and removal from the City of Laredo Zoning Map.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ____ DAY OF ,2009.
RAUL G. SALINAS MAYOR
ATTEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY
: NATHAN R. RATTON ;ASSISTANT CITY ATTORNEY
3 4703 Costello Loop Reque~ Jr C.U.P.(Conditional Use Perm A ZC-82-2008 NORTH
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1 inch equals 196 feet
ZONE DISTRICTS City of Laredo Planning Dept & I22SI ze-S2-200S -:. j Zone Districts Building Dev Services - GIS Divisior November 26, 2008
To Whom It May Concern:
HarecolLaVaude-Vimosa II, L.C. a Texas Limited Liability Company, formally requests a conditional use permit for the Riversouth office located at the comer of Sierra Vista Blvd. and Madera Ave.
The office staff will consist of one on site manager, and three office clerks for a total of four employees. Also, the office hours will be Monday through Friday from 8:30 A.M. to 5:30 P.M. and Saturday, 9:30 A.M. to 2:30 P.M.
The location serves as the Hareco/LaVaude-Vimosa II South Laredo outlet for note payments on platted lots sold over the last fifteen years.· Riversouth provides a convenient location for payments of the said notes and allows or policing of any and all plat restrictions.
Our future plan will be to develop the three lots that the office occupies and would like to maintain and underlying Zone ofR3.
We feel that a conditional use permit will allow us to continue to service our customers and in turn comply with any zone issues in the future.
Sincerely, .. .f} ~, l)fJ ~C tttO-t..~{.,-i) Laura M. Cabello Riversouth Office Manager
STATE OF TEXAS }
COUNTY OF WEBB }
This instrument was acknowledged before me on 26th of November, 2008 by Laura M. Cabello. Riversouth Office Manager.
I(af~® tary Public, State of Texas, County of Webb 01/23/2809 16:05 1 01/01
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I 1 I '---.1 4703 Costello Loop ZC-82-2008 COUNCIL COMMUNICATION
Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2009-0-049 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 9,800 square 04/06/09 feet, as further described by metes and bounds in attached Exhibit "A", located east of US Highway 83 and south of Newco Commercial, from AG (Agricultural District) to B-3 Item # (Community Business District); providing for publication and effective date. ZC-09-2009 . Initiated by: Staff source: Newco Development Keith Selman, Planning Director VIMOSA II Prior action: This item was introduced by Councilman Mike Garza at the meeting of 03116/09. BACKGROUND
Council District: I - Mike Garza
Proposed use: Commercial
Site: The site is vacant.
Surrounding land uses: To the north are vacant land and Valero/Stripes convenience store. To the east and south lies vacant land. To the west are US Highway 83 and Santa Fe Subdivision.
Comprehensive Plan: The Comprehensive Plan identifies this area as Low Density Residential.
Transportation Plan: The Long Range Thoroughfare Plan identifies US Highway 83 as an Ex pressway.
Letters sent to surrounding property owners: 2 In Favor: 0 Opposed: 0
STAFF COMMENTS
Staff supports the proposed zone change. Although a B-3 is not consistent with the Compre hensive Plan, the site abuts US Highway 83 and an existing B-3 property.
P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in an 8 to 0 vote, recommended Staff supports the proposed zone change. denial of a B-4 but approval of a B-3.
Page 1 of2 COUNCIL COMMUNICATION
IMPACT ANALYSIS
B-3 (Community Business District): The purpose of the B-3 district is to provide for those busi nesses and services serving a trade area larger than a neighborhood, but smaller than the entire city and located primarily along minor or principal arterial streets, as classified in the Transportation Plan of the City of Laredo. It is intended for this zoning classification to exist primarily abutting minor or principal arterial streets while preserving established residential neighborhoods along such streets.
Is this change contrary to the established land use pattern? No, the land use pattern is commercial in nature.
Would this change create an isolated zoning district unrelated to surrounding districts? No. The site directly abuts a B-3 district.
Will change adversely influence living conditions in the neighborhood? No. Although a B-3 district was designed to serve an area larger than a neighborhood, US Highway 83 can accommodate increased traffic activity that may affect the existing residential districts.
Are there substantial reasons why the property can not be used in accord with existing zoning? No, the current zoning allows for certain commercial enterprises to operate within the AG district.
Page 2 of2 ORDINANCE NO. 2009-0-049
AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 9,800 SQUARE FEET, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A," LOCATED EAST OF US HIGHWAY 83 AND SOUTH OF NEWCO COMMERCIAL, FROM AG (AGRICULTURAL DISTRICT) TO B-3 (COMMUNITY BUSINESS DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.
WHEREAS, a zone change has been requested by the owners of 9,800 square feet, as further described by metes and bounds in attached Exhibit "A," located east of US Highway 83 and south of Newco Commercial, from AG (Agricultural District) to B-3 (Community Business District); and,
WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on February 19,2009, and,
WHEREAS, the Planning and Zoning Commission, after a public hearing, has rec ommended approval of the proposed zone change; and,
WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the City of Laredo City Council on this matter; and,
WHEREAS, the City Council has held a public hearing on March 16,2009, on the re quest and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and,
WHEREAS, the City Council does not consider the impact, if any, of private cove nants and deed restrictions on the subject property with the adoption of this ordinance; and,
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezon ing 9,800 square feet, as further described by metes and bounds in attached Exhibit "A," lo cated east of US Highway 83 and south of Newco Commercial, from AG (Agricultural Dis trict) to B-3 (Community Business District).
1 Section 2: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.
Section 3: This ordinance shall become effective as and from the date of publication specified in Section 2.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ____ DAY OF ,2009.
RAUL G. SALINAS MAYOR
ATTEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY
'l ·~v, ~ : NATHAN R. BRATTON SSISTANT CITY ATTORNEY
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ZONE DISTRICTS City of Laredo Planning Dept & ~ ZC-09-2009 ':. J Zone Districts Building Dev Services - GIS Division 40,885.61 S.F . ..i 0 en C\I cO ill ('J M CO (:) 0 >-~ ~ . SCALE 1" = 70' ~. (\') XQ w (!)t:t 0 (\') xC)- . Co 200.0' It) ~ 0 • M ll) en• 0 :l z
LOT 2 35,000 S.F. LOT 3 1 9,622.34 S.F.
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N 05° 18' 30" E ------~S~8~4~0~4:1':3:0~"E~-2~0~0~.0~'----~Jj~==~~======49.0' LOT 2 r 9,800 S.F. S 050 18' 30" W --N~~3Q:\i\i':""!:~~..J 49.0' r N 84° 41' 30" W - 200.0'
VIMOSA II, TRACT 1 209.119 ACRES VOL. 1073, PGS 567-569 W.C.C.R.
PROPOSED ZONE CHANGE 9,800 SF FROM AG TO B4 CIVIL ENGINEERING CONSULTANTS DON DURDEN, INC.
SAN ANTONIO· LAREDO
LEGAL DESCRIPTION OF 9800 S.F. Tract of Land Zoned AG to B4
Being a tract of land being 9800 square feet of unplatted land being out of a called 209.119 acre tract of land recorded in volume 1073, pages 567-569 Webb County Deed Records being more particularly described as follows.
Beginning at a 1/2" iron rod, being the Southeast corner of said Lot 2, Block 1, Thence S 05°18'30" Wa distance of 49.0 feet to a set 1/2" iron;
Thence, N 84° 41'30" Wa distance of 200' to a point on the eastern R.O.W. of Highway 83 and a set 1/2" iron rod;
Thence, N 05°18'30" E, along said R.O.W. line a distance of 49.00 to the Southwest corner of said Lot 2, and a set 1/2" iron rod;
Thence, N 84° 41' 30" Wa distance of 200'to a point on the eastern R.O.W. of Highway 83 and a set 1d' iron rod being the Point of Beginning here of for this 9800 square foot tract of land.
(~ibi+ '\A II Puig E:n~neering III 9652 MCPHERSON RD., SUITE '1 • LAREDO, TEXAS 78045-6541 TEL: 956.729.7844 • FAX: 956.729.7854· WVlW.CECTEXAS.COM 9800 Square FeetlEast ofDS Highway 83 and South ofNewco Commercial ZC-09-09 COUNCIL COMMUNICATION
Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2009-0-050 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Special Use 04/06/09 Permit for a flea market on Lot 1, Block 1, Ervin Farm Subdivision, located at 4210 South US Highway 83; providing for publication and effective date. Item # ZC-01-2009 Initiated by: Staff source: Jose L. Martinez, Jr. Keith Selman, Planning Director Jose L. Martinez Prior action: This item was introduced by Dr. Michael Landeck at the meeting of 03116/09. BACKGROUND
Council District: III - Michael Landeck
Proposed use: Flea Market
Site: The site is the location of Fleetwood Homes office and a vacant parking lot.
Surrounding land uses: To the north lie vacant land, Columbus Energy office, and Casa Raul. To the east is U.S. Highway 83. To the west are an office complex and Rio Grande Ranch Apartments.
Comprehensive Plan: The Comprehensive Plan identifies this area as Retail/Office.
Transportation Plan: The Long Range Thoroughfare Plan identifies US Highway 83 as an Ex pressway.
Letters sent to surrounding property owners: 07 In Favor: 0 Opposed: 0
STAFF COMMENTS
A Special Use Permit (SUP) is used for those types of uses that warrant individual attention on a case by case basis and should not be categorized in a zoning district. A Special Use Permit is basically an overlay on top of the existing zoning designation and can be limited in many respects such as time, fencing, setbacks, landscaping, etc.
Issuance of an SUP is appropriate at this location. The proposed use does not conflict with the general commercial activities along US Highway 83. Furthermore, the site plan now reflects a consistency with the surrounding commercial enterprises and structures.
(Continued on next page)
P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 9 to 0 vote, recommended Staff supports the Special Use Permit. approval of the Special Use Permit.
Page 1 of2 COUNCIL COMMUNICATION
Staff Comments (cont.)
1. The Special Use Pennit is issued to Jose Luis Martinez, Jr, and is non-transferable. 2. The Special Use Pennit is restricted to the activities described in the letter, Exhibit "B," which is made part hereof for all purposes. 3. The Special Use Pennit is restricted to the site plan, Exhibit "C," which is made part hereof for all purposes. 4. The Special Use Pennit is restricted to the elevation features, Exhibit "D," which is made part hereof for all purposes. 5. The applicant shall provide and maintain trees and shrubs in confonnance with the Laredo Land De . velopment Code. 6. The applicant will provide at least one parking space for every two hundred and fifty feet of mer chandise floor space as specified in the Laredo Land Development Code. 7. Vendors' and/or consumers' vehicles shall not park in the public right-of-way. 8. Any existing or proposed driveway location is subject to approval and review from the Texas De partment of Transportation (TXDOT). 9. The applicant shall construct the fayade facing US Highway 83 prior to commencement of flea mar ket activities, and the applicant shall have six months from March 2,2009, the date of issuance, to complete the units facing Riverhill Loop. It shall be the applicant's responsibility to maintain the fa yade. 10. The applicant shall not be allowed to commence flea market activities except in the following phases: • Phase I-Completion of Number Nine (9) above. Sections Two (2) and Three (3) of Exhibit "D" shall be operable without structures. • Phase II-Construction of Section Two (2) shall be completed within four (4) months of opera tional commencement of Phase I. Section Three (3) of Exhibit "D" shall be operable without structures. • Phase III-Construction of Section Three (3) shall be completed within eight (8) months of op erational commencement of Phase I.
Page 2 of2 CITY OF LAREDO ORDINANCE NO. 2009-0-050
AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY AUTHORIZING A SPECIAL USE PERMIT FOR A FLEA MARKET ON LOT 1, BLOCK 1, ERVIN FARM SUBDIVISION, LOCATED AT 4210 SOUTH US HIGHWAY 83; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.
WHEREAS, the owners of Lot 1, Block 1, Ervin Farm Subdivision, located at 4210 South US Highway 83 has requested a Special Use Permit for a flea market; and,
WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on January 22, 2009, and,
WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended ap proval of the Special Use Permit request; and,
WHEREAS, notice of the request was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the City of Laredo City Council on this matter; and,
WHEREAS, the City Council has held a public hearing on March 16,2009, on the request and finds the proposed Special Use Permit appropriate and consistent with the General Plan of the City of 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 ofthis ordinance; and,
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: A Special Use Permit is granted for a flea market on Lot 1, Block 1, Ervin Farm Sub division, located at 4210 South US Highway 83.
Section 2: The Special Use Permit is restricted to the following provisions:
1. The Special Use Permit is issued to Jose Luis Martinez, Jr, and is non-transferable. 2. The Special Use Permit is restricted to the activities described in the letter, Exhibit "B," which is made part hereof for all purposes. 3. The Special Use Permit is restricted to the site plan, Exhibit "C," which is made part hereof for all purposes. 4. The Special Use Permit is restricted to the elevation features, Exhibit "D," which is made part hereof for all purposes. 5. The applicant shall provide and maintain trees and shrubs in conformance with the Laredo Land De velopment Code. 6. The applicant will provide at least one parking space for every two hundred and fifty feet of mer chandise floor space as specified in the Laredo Land Development Code.
1 7. Vendors' and/or consumers' vehicles shall not park in the public right-of-way. 8. Any existing or proposed driveway location is subject to approval and review from the Texas De partment of Transportation (TXDOT). 9. The applicant shall construct the favade facing US Highway 83 prior to commencement of flea mar ket activities, and the applicant shall have six months from March 2,2009, the date of issuance, to complete the units facing Riverhill Loop. It shall be the applicant's responsibility to maintain the fa vade. 10. The applicant shall not be allowed to commence flea market activities except in the following phases: • Phase I-Completion of Number Nine (9) above. Sections Two (2) and Three (3) of Exhibit "D" shall be operable without structures. • Phase II-Construction of Section Two (2) shall be completed within four (4) months of opera tional commencement of Phase 1. Section Three (3) of Exhibit "D" shall be operable without structures. • Phase III-Construction of Section Three (3) shall be completed within eight (8) months of op erational commencement of Phase 1.
Section 3: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.
Section 4: This ordinance shall become effective as and from the date of publication specified in Section 2.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ____ DAY OF ,2009.
RAUL G. SALINAS MAYOR ATTEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY
: NATHAN R. BRATTON ASSISTANT CITY ATTORNEY
2 4210 US HIGHWAY 83 SOUTH I. lest for S.U.P.(Special Use Pelf \ ZC-01-2009 •NORTH
AG
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1 inch equals 186 feet ZONE DISTRICTS
~ ZC-01-09 -:. -J Zone Districts City of Laredo Planning Dept & ROW.Buffer Building Dev Services - GIS Division LJll I JI ___.~._---L.- __. __•.• _:J
.egend
-"" R-1A - ~oning_Districts . 8-3 M-2 .... R·O o 75150 ~one Districts ! 8·4 MXO ....•..... R-1MH ... ! R-S . ~ 4210 S US Highway 83 ;AG CBO NULL R-2 RSM ~"Feet . B-1 M-1 R-1 R-3 December 22,2008
To whom it may concern:
This letter is to inform you that I want to open a Flea Market on 4210 U.S 83 South. It will have 120 places to rent people to sell, the operation hours will be Wednesday to Sunday from 9:00 a.m. to 6:00 p.m.
The Flea Market will have enough parking spots as well as restrooms and food court.
s~~ Jose luis Martinez Jr. . ~~ '3 [ ~ATfffffn1tmlilrrITiTftrmTITTflTmlfF tffffirnrr~ 2 I-- 1 1~ PARJC;ING SPACES ! ---.1. 0 ~ (Sl' II I I I III I I I II IlJ 11111 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ~ 1=1 0 ~ - .... J ~,=-: ...... - """":'.i."""" -. - .... _'II ~- --I W~ ~ tt.::O ~ ~ f;-1~ ~ (~~ I~ ~g an r.tT.J tl'l l ~ lZ!l ~ !;~2' : ' . ~. ~ : _I 0 ~ '" f"" ~ !.:\ ~ ~ I ---J _ !lE'1!J TYP. LEASE C ~ U'E - i~ = SPACE pOOS. . ~ ~ • '-- 1 0 _~ 1M .t= I ~ _~ (J\..=. ,"' _ i . :,. ili '~""·""'''<·''',''c"".,.; ,.""",,,,., •.,, ...,, . ,.",,"".' "0";''"'''''''''''''' i.""";:'-•. ,-"'"",,;. " Ribbed Metal CoI!..N€"'(2..S :3. 4" Steel M \pOte ,----- Panel Roof r<' 1° I 1°1 r Cois. Ir--1 ,-, f:- II I~ 4" Ste~ D II 1111 1111 II· Cols. + Typ. Lease f __1 Space I ·FRONT H b VIEw V FJ GOOs.f .. I RIbbed Metal o Co (!.. f\f € C2-s, Panel Roof ~ Stainless Steel 4" Steel Tables\ Cols. l b !l. ., v J '" 4" Steel J ol~ l Cois. ·t 41 19'.(1' iJ. SIDE VIEw PLAN VIEw. 4210 South US Highway 83 ZC-Ol-2009 1 4210 South US Highway 83 ZC-01-2009 2 4210 South US Highway 83 ZC-Ol-2009 3 4210 South US Highway 83 ZC-01-2009 4 COUNCIL COMMUNICATION Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2009-0-051 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot lA, Block 04/06/09 1021 Western Division, located at 4119 San Dario Avenue, from B-3 (Community Business District) to B-4 (Highway Commercial District); providing for publication and effective Item # date. ZC-08-2009 Initiated by: Staff source: Daniel Gomez Keith Selman, Planning Director Wharf, LLC Prior action: This item was introduced by Councilman Johnny Rendon at the meeting of 03116/09. BACKGROUND Council District: V - Johnny Rendon Proposed use: Commercial Site: The site is occupied by a vacant restaurant: the old Pelican's Wharf. Surrounding land uses: To the north are Kawasaki, Playland Adventures, Dr. Ike's, and US Rentals. To the east lie Globetrotter Travel Service and a parking lot. To the south are Gregory's Smart Start Ed, single-family residential housing, Mariscos, Laredo Auto Air Repair, and Meme's Street Rods. To the west is Interstate 35. Comprehensive Plan: The Comprehensive Plan identifies this area as Retail/Office. Transportation Plan: The Long Range Thoroughfare Plan does not identify San Dario Avenue. Letters sent to surrounding property owners: 6 In Favor: 1 Opposed: 0 STAFF COMMENTS Staff supports the proposed zone change. A B-4 district is compatible with the surrounding zoning districts. Pelican's Wharf was also built on two lots. While Lot IA is zoned B-3, .302 acres out of Lot 2A is zoned B-4. Therefore, the proposed zone change will ameliorate the discordant zones. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in an 8 to 0 vote, recommended Staff supports the proposed zone change. approval of the zone change. Page 1 of2 COUNCIL COMMUNICATION IMPACT ANALYSIS B-4 (Highway Commercial District): The purpose of the B-4 district is to provide for those busi nesses 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 in tended for this zoning classification to exist primarily along principal arterial streets or the freeway and to impose site development regulations to ensure adequate access of all uses within this classifica tion. Is this change contrary to the established land use pattern? No. The site directly abuts a B-4 district to the east an,d south. Would this change create an isolated zoning district unrelated to surrounding districts? No. The site is situated within a B-4 district. Will change adversely influence living conditions in the neighborhood? No, the site is surrounded by a B-4 district. There are no residential areas around the site. Are there substantial reasons why the property can not be used in accord with existing zoning? No, the current zoning allows for sufficient commercial uses. Page 2 of2 ORDINANCE NO. 2009-0-051 AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING LOT lA, BLOCK 1021, WESTERN DIVISION, LOCATED AT 4119 SAN DARIO AVENUE, FROM B-3 (COMMUNITY BUSINESS DISTRICT) TO B-4 (HIGHWAY COMMERCIAL DISTRICT); PROVIDING FOR PUBLICA nON AND EFFECTIVE DATE. WHEREAS, a zone change has been requested by the owners of Lot lA, Block 1021, Western Division, located at 4119 San Dario Avenue, from B-3 (Community Business Dis trict) to B-4 (Highway Commercial District); and, WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on February 19,2009, and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has rec ommended approval of the proposed zone change; and, WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the City of Laredo City Council on this matter; and, WHEREAS, the City Council has held a public hearing on March 16,2009, on the re quest and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and, WHEREAS, the City Council does not consider the impact, if any, of private cove nants and deed restrictions on the subject property with the adoption of this ordinance; and, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezon ing Lot lA, Block 1021, Western Division, located at 4119 San Dario Avenue, 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) ofthe Charter of the City of Laredo. 1 Section 3: This ordinance shall become effective as and from the date of publication specified in Section 2. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ____ DAY OF ,2009. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY Y: NATHAN . BRATTON ASSISTANT CITY ATTORNEY 2 4119 San Daria Ave Rezon )m 8-3 (Community Business L rict) to 8-4 (Highway Commercial District) ZC-08-2009 .. NORTH r----~~.. ------r-~T------~?=~~~F===~-.--,------r-----·--.-.---~~~~ 3 JiOs5l 10 , J 3 ~C )\'7 Ll!~ 4 9 ~ J 4 4 9 , ... ,.. ,.---4-----1 8 , 5 5 8 ! ~. ~ 6 7 n ~, :, 6 7 TACUBAST I, ~o.J . lQ :, -l "55:56'" "~I ~ .~. W ~ ~ :,G Z 1 :?; Z 8 7 , ~B·3 ., 12 7 :r~ (J ~ m • 2 11 2 8 6 5 JI e:; ., ~II f 3 10. 3 ~r Ll:~ 4 9 , ,~~ 4 10 ~ . :1 5 8 5 11 1 2 ~ t , ~ . " 6 7 1B·4 6 12 1 r-__-. __ M_AJ_ .. 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Ri:~ 12 ;, i;.'·;, ~I,I , I' q;!:;;~ '1 12 'Ull 12 2 11 i' W'~' ~ • ,',~: I' 2 11 : 2 11 • 10 I.' , 3 i :) 3 10 984 t ?: :, 1 3 B 3 10 ; 4 9 · a1' (I 4 9 '1 4 981 9 I IW' 5 8 i ie: ; I.' 5 8 5 8 I ~I I 6 7 I l1h I' 6 7 7 .1 ! 6 1 6 1 inch equals 170 feet ZONE DISTRICTS City of Laredo Planning Dept & ~ ZC .. 08-2009 ':.. -J Zone Districts Building Dev Services - GIS Divisior \ _lIf. ~ f- ...... ·) y. Do'<~ ~. C£JUFlCAlE or SUk--IaR ~- LOT 'A 11£ WlDtlISIGNm A ItECSItREI) PllClfESSIONM.. !MIl SlIM'I' :J;PTiI/ fiy? l.OT t BLOCK 1021-A :,:a; ~ftAPHICIL. PlOl11HC om y SUBJ£CT IS LOCATEIl IN FLOOD BLOCK '021 . ZONE ~Nl" ACCORDING TO r.I.R."'. YAP. COUIoNNITY-PAHEl NUIdBER LOr v. 4AQi51 DOO5B MAY 17, 1982 At>:lRESS: 619 C.. CAGe> ST. "01'£; LOT tA AND ALL un taRNlRS M4III<£D ",rtf 1/2" IIIOfI 1\005 0.302 ACRES our OF LOT 2A WIlH lElJ.OW CAP ~ ....u. 19&·. BLOCK 1021 W.D .. lAREDO, TEXAS I4S AECOAOED IN YOlUME 1.PACE 72 or 1\' T).IE W£S8 COUNTY PlAT RECORDS. CO ~ FLETES SURVEY CO. 2005 CORPUS CHRlsn ST. lAREDO. TEXAS 78040 OffiCE: (956) 724-8423 FAX: (956) 724-8423 4119 San Dario Avenue ZC-08-09 4119 San Dario Avenue ZC-08-09 COUNCIL COMMUNICATION DATE: SUBJECT: ORDINANCE 2009-0-052 04-06-09 REPEALING ORDINANCE NO. 93-0-023 WHICH ESTABLISHED ORIGINAL RULES AND FEES FOR THE PUBLIC ACCESS CENTER AND ESTABLISHING RULES, REGULATIONS, PROCEDURES AND RATES FOR USE OF THE PUBLIC ACCESS FACILITIES INITIATED BY: STAFF SOURCE: Horacia de Leon, Asst. City Manager Heberto L. Ramirez, 1ST Director PREVIOUS COUNCIL ACTION: None. BACKGROUND: On February 1, 1993 the City Council adopted Ordinance No. 93-0-023 which established the rates, rules and procedures for the use of the Public Access Center, its equipment and personnel. Due to considerable changes to the rules, regulations, procedures and rates it is necessary to completely eliminate the adopted ordinance and replace it with a new, more efficient set of rules and regulations as well as updated fees. The fees are as follows: OrientationlTraining Fee - $25.00 Fees for Commercial Use Studio Facilities: Commercial Producers of the PAC Studio facilities shall pay: • For use during Regular Business Hours: $225.00 per three-hour period or portion thereof. • For use after Regular Business Hours or on weekends: $375 per three-hour period plus $50/hour for Staff supervision. For PAC portable camera equipment: Commercial Producers shall pay the PAC the following: • $75 per hour up to three hours • $225 for more than three and up to twelve hours • $450 for more than twelve and up to 24 hours VHS Camcorder. Commercial Producers shall pay the PAC $100.00 per day for use of a PAC VHS Camcorder. Post-Production Equipment: Commercial Users of PAC Editing Equipment (Suite A) shall pay the PAC the following: • $75 for up to three hours • $ 225 for more that three and up to twelve hours • $ 450 for more than twelve and up to 24 hours FINANCIAL IMPACT: None. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: I Staff recommends approval. ORDINANCE NO. 2009-0-052 REPEALING ORDINANCE NO. 93-0-023 WHICH ESTABLISHED ORIGINAL RULES AND FEES FOR THE PUBLIC ACCESS CENTER AND ESTABLISHING RULES, REGULATIONS, PROCEDURES AND RATES FOR USE OF THE PUBLIC ACCESS FACILITIES; PROVIDING FOR SEVERABILITY, PUBLICATION AND EFFECTIVE DATE. WHEREAS, the purpose of the Public Access Facilities are to provide a medium for individuals, groups, organizations, and institutions to communicate with the citizenry of Laredo via channels on the cable television system; and WHEREAS, Public Access Center equipment, facilities, and channels are available for community use to facilitate the development of non-commercial programs which focus on local issues and concerns; and WHEREAS, the Public. Access Center operates four access cable channe~: Channel 2, Channel 3, Channel 13, and Channel 18; and WHEREAS, the City of Laredo, herein sets forth rules, regulations, procedures, and rates for the fair and efficient use of the Public Access Facilities, and WHEREAS, a public hearing is required to increase the rates as per Section 2.09 (B) of the City Charter of the City of Laredo. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: Ordinance 93-0-23 be and hereby is repealed effective upon passage of this Ordinance. Section 2: It adopts the Rules, Regulations, Rates, Procedures and Fees set forth in Exhibit "A" attached hereto and incorporated herein by reference as if set out in full. Section 3: It directs the City Secretary of the City of Laredo publish the attached Exhibit "A" Rules, Regulations, Rates, Procedures and Fees as the "Handbook of the Public Access Center". Section 4: Should any work, sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the of the remaining of the remaining portions of this ordinance, or the Code of Ordinances, as amended, which shall remain in full force and effect. Section 5: It finds, determines, recites and declares that sufficient written notice of the date, hour, place and subject of this meeting of the city Council was posted at a place convenient to the public at the city hall of the City of Laredo for the time required by law preceding this meeting, as required by the Texas Open Meetings Act, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter was considered. Section 6: This Ordinance shall take effect immediately from and after its passage, and publication of the caption, as the law and charter in such cases provide. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF , 2009. RAUL G. SALINAS, MAYOR ATTEST: GUSTAVO GUEVARRA, JR. CITY SECRETARY APPROVED AS TO FORM: Raul Casso, City Attorney Nathan R. Bratton Assistant City Attorney Exhibit"A" HANDBOOK OF THE PUBLIC ACCESS CENTER CITY OF LAREDO Adopted the 6th day of April, 2009 CONENTS INTRODUCTION ...... 1 1. IN GENERAL ...... 1 2. REQUIREMENTS FOR USE OF PEG FACILITIES AND EQUIPMENT ...... 4 3. TRAINING PROGRAMS ...... 5 4. USE OF VIDEOTAPES ...... 6 5. USING PORTABLE VIDEO EQUIPMENT ...... 7 6. USING THE PUBLIC ACCESS CENTER STUDIO ...... 8 7. CABLECASTING ON PUBLIC ACCESS CHANNEL...... 10 8. PROGRAM CONTENT ...... 13 9. COMMUNITY BULLETIN BOARDS ...... 15 10. COMMERCIAL USE OF PROGRAMMING AND ACCESS CENTER EQUIPMENT .. 15 11. ENFORCEMENT ...... 17 12. PUBLIC RECORDS ...... 19 Page ii of19 INTRODUCTION The purpose of the Public Access Center is to provide a medium for individuals, groups, organizations, and institutions to communicate with the citizenry of Laredo via channels on the cable television system. Public Access Center equipment, facilities, and channels are available for community use to facilitate the development of non~commercial programs which focus on local issues and concerns. The Public. Access Center operates four access channels: Channel 2 is reserved for programming Religious Groups; Channel 13 is reserved for governmental access programming; ChannelS is reserved for educational programming by and for locally recognized educational institutions; Channel 3 has been deSignated as the Public Access Channel for use by members of the general public who have undergone Public Access training and are qualified to use Public Access equipment. The handbook contains access rules, regulations, procedures and a fee structure which have been deVeloped by the Public Access Center in conjunction with the City of Laredo' Staff and the City Council. The purpose of the rules is to ensure that: 1. Each citizen in Laredo who is interested in community access programming will have the opportunity to learn how to use PAC access equipment and facilities; and 2. Each community access user will fully understand the priorities involved in cablecasting a community access program over the cable system. As community use of the cable system grows, the rules, regulations, procedures and fees in this handbook may be subject to change in order to serve all the citizens of Laredo, Texas. 1. IN GENERAL 1.1. Purpose. The purpose of the Public Access Center ("PAC") is to provide a medium for individuals, groups, organizations, and institutions to communicate with the citizenry of Laredo via channels on the cable television system. The PAC Studio, Portable Video Equipment and Post~ Production Equipment, and a Public Access Channel are available for community use to facilitate the development of non~commercial programs that focus on local issues and concerns. 1.2. Definitions 1.2.1. "AdvertiSing" means, for purposes of this handbook, material (in whatever form in or associated with a program) designed to promote the sale of commercial products or services or the patronizing of particular places of business. Programs funded from grants or donations shall not be considered as being supported by Advertising. Page 1 of19 1:2.2. "Commercial use" means use that is (a) conducted on a for~profit basis, (b) designed to promote the sale of commercial products or services or the patronizing of particular places of business, or (c) supported by Advertising. This term shall not be interpreted to prohibit a Producer from soliciting and receiving financial support to produce and transmit video programming on the Public Access Channel, or from acknowledging a contribution. 1.2.3. "Commercial Producer" means a Producer that is producing commercial programming. 1.2.4. "Community Bulletin Board" means programming which consists of a single of multiple slides which are aired in between scheduled programs. 1.2.5. "Funding Sponsor" means a person, organization or enterprise which provides funding towards the cost of producing a program. "Funding Sponsors" are permitted with the understanding that it constitutes a donation to support the producer's work and is not a compensation for use of cablecast time or access resources. 1.2.6. "Indecent programming" means language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities. 1.2.7. "Information Services and Telecommunications Director" means the person that is responsible for the Public Access Channel Center Division, including supervision of the Public Access Media Services Manager. 1.2.8. "Media" means videotape, dvd or any other approved material which contains electronic or digitally recorded information for broadcast. 1.2.9. "Public Access Channel Facilities or PAC Facilities" means the building and the access channel operations at 1101 Garden Street, Laredo, Texas 78040. 1.2.10. "PAC Studio" means the studio and any video production equipment within the studio that is neither Portable Video Equipment nor Post~ Production Equipment. 1.2.11. "PEG Facilities and Equipment" means collectively the PAC Facilities, PAC Studio, Portable Video Equipment, and Post Production Equipment. Page 2 of19 1.2.12. "Public Access Media Services Manager" means the person charged with overseeing the day to day operations of the Public Access Channels and Public Access Facility. 1.2.13. "Portable Video Equipment" means any PAC equipment which can be taken out of a studio to produce video outside the studio environment. 1.2.14. "Post~Production Equipment" means equipment for editing and manipulating recorded video, including editing the soundtrack and adding visual special effects. 1.2.15. "Producer" means a person or persons who (a) meets the requirements set forth in Section 2, either as a resident or as a non~resident, and (b) has been certified by the City to use PAC equipment and facilities pursuant to Section 3. 1.2.16. "Production Crew" means more than one producer assisting in the production of a program. 1.2.17. "Regular Business Hours" means those hours when the Access Center is open to the public. 1.2.18. "Public Access Channel" means the channels in the City where organizations, groups, or individual members of the general public are the designated programmers. 1.2.19. "User" means any person who places programming on the Public Access Channel in the City. Every User must meet the requirements set forth in Section 2. 1.3. The Public Access Channel is reserved for use by members of the general public who have undergone public access training and have been certified as qualified to use public access equipment. 1.4. This handbook contains access rules and procedures which have been developed by the PAC in conjunction with the City of Laredo Staff. The purpose of the rules and procedures is to ensure that: 1.4.1. Each citizen in Laredo who is interested in public access programming will have the opportunity to learn how to use the PAC Studio, Portable Video Equipment, and Post~Production Equipment; and 1.4.2. Each public access User will fully understand the priorities involved in scheduling public access programs on the cable system (see Section 7.8.4 below). Page 3 of19 1.5. Non~Commercial Use. PEG Facilities and Equipment and PEG channels exist primarily for non~commercial community programming purposes and are not intended for commercial use. 1.5.1. All programming produced with PEG Facilities and Equipment must appear on one of the City's access channels, unless the Producer has complied with the commercial use requirements of Section 10. 1.5.2. Should any program produced for cablecast on the Public Access Channel subsequently be used for commercial use, the Producer shall reimburse the PAC for any production costs of the program at the commercial rates listed in the Commercial Use 10 below: 1.6. The policies in this handbook are subject to change so that public access may better serve the citizens of Laredo. 2. REQUIREMENTS FOR USE OF PEG FACILITIES AND EQUIPMENT 2.1. Priority of Use. Both residents and non~residents of the City may request use of PEG Facilities and Equipment if they meet the requirements of Section 2.2 or 2.3 respectively. However, residents of the City have priority for the PEG Facilities and Equipment, and may preempt non~residents' use. 2.2. Residents. 2.2.1. Any resident of the City of Laredo who is at least 18 years of age may request the use of the PEG Facilities and Equipment if the resident meets the follOwing conditions: 2.2.1.1. the resident has been certified to use PEG Facilities and Equipment pursuant to Section 3; and 2.2.1.2. the resident agrees to comply with the rules and procedures specified herein. 2.2.2. Any resident of the City of Laredo who is under 18 years of age may request the use of the PEG Facilities and Equipment if the resident meets the requirements of Section 2.2.1 and an adult city resident (the Sponsor) assumes legal responsibility by making all necessary applications. 2.2.3. The following may be submitted as proof of reSidency: 2.2.3.1. A valid Texas driver's license with an address in the City; 2.2.3.2. A valid state~issued identification card with a current address in the City; Page 4 of19 2.2.3.3. A utility bill containing the applicant's name and showing an address in the City, dated no earlier than 30 days prior to the application date; or 2.2.3.4. A valid passport showing an address in the City of Laredo. 2.2.4. The following may be submitted as proof of age: 2.2.4.1. A valid state~issued driver's license; 2.2.4.2. A valid state~issued identification card; or 2.2.4.3. A birth certificate. 2.3. Non~Residents 2.3.1. A non~resident may use the PEG Facilities and Equipment if the non~ resident is: 2.3.1.1. An employee of an institution or governmental agency that does business in the City of Laredo; or 2.3.1.2. A member of an organization that serves or is located in the City of Laredo; or 2.3.1.3. A student enrolled in an educational institution located in the City of Laredo; or 2.3.1.4. An authorized representative of an institution or group of the sorts specified in Sections 2.3.1.1 through 2.3.1.3. 2.3.1.5. Any non~resident not meeting the requirements of 2.3.1 may request use of the PEG Facilities and Equipment if: 2.3.1.5.1 The non-resident is certified pursuant to Section 3, and 2.3.1.5.2 A resident certified Producer agrees in writing to assume all legal responsibility for loss or damage to equipment resulting from the non-resident's use. 3. TRAINING PROGRAMS 3.1. The Public Access Center conducts a series of workshops to make Users aware of the production capability of the public access facilities. These workshops are designed to train and certify Producers to operate PAC equipment. 3.1.1. Workshops are scheduled upon request on a time~available basis. Page 5 of19 3.1.2. There is a fee of $25 per person, payable in advance, which covers orientation, four training sessions, and the assistance of a staff member during the trainee's first shoot. 3.1.3. Standard workshops will include the following: 3.1.3.1. Orientation Session: includes rules and regulations regarding use of the Public Access Center's access channel, equipment, and facilities. 3.1.3.2. Studio Equipment: includes the studio cameras, sound board, lighting, and control room operations. 3.1.3.3. Portable Equipment: includes camcorders , monitors, microphones, battery chargers, and portable lighting equipment. 3.1.3.4. Editing Equipment: includes insert and assemble editing, and audio dubbing on a linear and linear editing system. 3.1.3.5. Character Generator: includes page, roll, and crawl files. 3.2. In order to be certified, a User is required to: 3.2.1. Complete a workshop series that covers rules and equipment operation; 3.2.2. Demonstrate to the PAC staff his ability to operate and care for equipment covered in the particular workshop. 3.3. Upon completion of the requirements listed in Section 3.2, the User will then be issued an appropriate certification card. 3.4. Experienced video participants may also be issued a certification card by attending an orientation workshop and demonstrating to the PAC staff's satisfaction their knowledge of the care and operation of the equipment. 4. USE OF VIDEOTAPES 4.1. The PAC will set aside twenty (20) numbered ~30 minute tapes and ten (10) numbered 60~minute tapes for use by the public free of if charge for the purpose of creating local non-commercial programming. 4.2. Users may borrow up to six 3D-minute tapes at a time. The lending period for a 3D-minute tape is a maximum of seven (7) days. 4.3. Users may borrow up to two (2) 6D-minute tapes at a time. The lending period for a 60-minute tape is a maximum of two (2) weeks. Page 6 of19 4.4. For any tape not cleared and returned at the end of the lending period, the User will be charged five dollars ($5.00) per day per tape. 4.5. If a tape is not returned within five (5) weeks, the User shall pay twenty-five dollars ($25.00) or the purchase price of a new tape of the same type, whichever is higher. Upon payment of the amount due, the missing tape will become the property of the borrower. 4.6. Any User owing the PAC money because of failure to pay the fees specified above will be denied use of any PEG Facilities and Equipment until such time as all financial obligations are cleared. 4.7. Exceptions to the rules in this Section 4 must be approved in writing by the Public Access Media Services Manager. The Public Access Media Services Manager is responsible for promulgating contracts and check out forms. 5. USING PORTABLE VIDEO EQUIPMENT 5.1. Producers may check out Portable Video Equipment according to the rules in this Handbook. The rules are designed to maximize the utilization of the equipment for the greatest number of Users. 5.2. Reservation of Portable Video Equipment. 5.2.1. Portable equipment is reserved on a first~come, £irst~serve basis. 5.2.2. A Producer must reserve equipment at least seven (7) days in advance, but cannot place a reservation more than 30 calendar days in advance. 5.2.3. Producers may obtain an equipment reservation form at the PAC office. 5.2.4. The equipment reservation form must be signed by a Producer and submitted to PAC staff. 5.2.5. A Producer may reserve only one Camcorder at anyone given time. 5.2.6. PAC staff are to be informed about a cancelled equipment reservation at least 36 hours in advance. Failure to abide by the rules and procedures herein stated will cause a violator to be placed on suspension for 30 days. Subsequent suspensions are for 90 days and one year respectively. Further suspensions will be submitted to the advisory board to be grounds for forfeiture of the privilege to use the Public Access Channel and PEG Facilities and Equipment. 5.2.7. In case of an emergency, PAC staff has the right to cancel any reservation in order to make full use of the PEG Facilities and Page 7 of19 Equipment, provided the PAC gives the Producer that has reserved the equipment as much advance notice as possible. 5.3. Check-out and check-in. 5.3.1. Access equipment may be checked in and out during Regular Business Hours only. 5.3.2. Portable Video Equipment is not available for check-out during portable equipment workshops. Priority is given to the workshop so that the equipment is available to educate and certify community members. 5.3.3. The following must be presented at the time the portable equipment is checked out: 5.3.4. A Producer's certification card. This card shall be kept on file at the PAC until all equipment is returned; and 5.3.5. One of the identification documents listed in Section 2.2.3. 5.3.6. A Producer is required to complete and sign an equipment check-out form and a Statement of Compliance at the time of check-out. 5.4. Portable Video Equipment must be used within the city limits of the City of Laredo unless authorization is granted by the Public Access Media Services Manger for use outside the city limits. 5.5. Exceptions to the rules in this Section 5 must be approved in writing by the Public Access Media Services Manager . The Public Access Media Services Manager is responsible for promulgating contracts and check out forms. 6. USING THE PUBLIC ACCESS CENTER STUDIO 6.1. The PAC Studio is available for use to record studio programs that will be cablecast on a Public Access Channel. 6.2. Post-Production Equipment is also available for scheduled use at the PAC Studio. 6.3. The follOwing rules apply to using the PAC Studio: 6.3.1. The PAC Studio is not available for production purposes during scheduled workshops in the studio. In this case, priority is given to the workshop so that the PAC Studio is available to educate and certify community members. 6.3.2. Reservations. Page 8 of19 6.3.2.1. The PAC Studio is reserved on a first/come, first/serve basis upon receipt by PAC Staff of a signed Studio Reservation Form from a Producer. 6.3.2.2. Producers requesting assistance in recrumng a certified production crew must make the request in writing at least fourteen (14), but not more than thirty (30), calendar days in advance. 6.3.2.3. Producers providing their own certified production crew must reserve studio time in writing at least seven (7), but no more than thirty (30), calendar days in advance. 6.3.2.4. A Producer may reserve the PAC Studio for up to a three/hour period on any given day, once a week. This time includes 6.3.2.5. PAC Studio staff are to be informed about cancelled PAC Studio or Post/Production Equipment time at least 36 hours in advance. Failure to abide by the rules and procedures herein stated will cause a violator to be placed on suspension for 30 days. Subsequent suspensions are for 90 days and one year respectively. Further suspensions will be submitted to the adviSOry board to be grounds for forfeiture of the privilege to use the Public Access Channel and PEG Facilities and Equipment. setting up, the production recording, editing and breakdown. 6.3.2.6. In case of an emergency, PAC staff has the right to cancel any reservation in order to make full use of the PEG Facilities and Equipment, prOvided the PAC gives the Producer that has reserved the equipment as much advance notice as pOSSible. 6.3.3. In order to maximize the use of PAC Studio time and Post/Production Equipment, a production outline is required of groups or individuals to demonstrate their readiness for use of the facilities. PAC staff is available to assist in producing such an outline. 6.3.4. Not more than IS people at a time may be in the PAC Studio before, during, or after a particular production. This number includes the Producer's crew and performers. 6.4. Exceptions to the rules in this Section 6 must be approved in writing by the Public Access Media Services Manager. Page 9 of19 7. CABLECASTING ON PUBLIC ACCESS CHANNEL 7.1. Pre~recorded programs are cablecast on a Public Access Channel. 7.2. A User seeking cablecast time must submit the following to the Public Access Media Services Manager: 7.2.1. Application for Cablecast; 7.2.2. Statement of Compliance; and 7.2.3. A signed Access Program contract. 7.3. The Application for Cablecast shall, at a minimum, contain the following: 7.3.1. the name, address and contact information for the User and, if different, the Sponsor; 7.3.2. the length of the program; 7.3.3. the preferred time slot for airing the program on a specific Public Access Channel. 7.4. The Statement of Compliance shall, at a minimum, contain the follOWing: 7.4.1. Whether any program submitted contains indecent content and if so, a statement that the User or Sponsor agrees that such programming may be aired on the Public Access Channel between the hours of 10 pm and 6 am. ' 7.4.2. A statement that the User or Sponsor understands that false or misleading statements made in the Application for Cablecast, Statement of Compliance, and Access Program Contract are grounds for forfeiture of the right to use PEG Facilities and Equipment or the Public Access Channel. 7.4.3. A statement that the program User or Producer understands that the Application for Cablecast and Statement of Compliance will be on file at the PAC and available to any local person to view during Regular Business Hours. . 7.4.4. A statement that the User or Producer understands that herlhis program recording) will be cablecast based on information provided on the Application for Cablecast, the Statement of Compliance and the Access Program Contract. Any inconsistencies may result in aborted playback. Repeat violations may result in denial of a User or Producer's right to cablecast on the Public Access Channels. Page 10 of19 7.4.5. A statement that the program User or Sponsor has obtained (or, before the programming material is cablecast, will obtain) all approvals, clearances, licenses, and similar authorizations that may be necessary for the use of any program material to be cablecast, including but not limited to approvals by broadcast stations, networks, underwriters, music licensing organizations, copyright owners, performers' representatives, and all persons appearing in the program material. 7.4.6. A statement that the program User or Producer agrees that he/she shall not represent himselflherself or any other person involved in public access cablecasting or productions as an employee, representative or agent of the PAC, the local cable company/companies, or the City of Laredo. 7.5. The Access Program Contract shall contain the following: 7.6. Each videotape or other recording submitted to the PAC should contain one program only, and be submitted directly to the Public Access Media Services Manager. Mailed tapes should be addressed to Public Access Media Services Manager. 7.7. Every program submitted for cablecast must be clearly labeled with the title, the name of the User or Sponsor, and length (accurate TO THE SECOND; do not round off times to the minute). The title should appear on both the face and spine of the tape or disc and case. The program should be preceded by 30 seconds of color bars and tone, a slate (title, length, date of completion and Producer's name), and a ten~second countdown. 7.S. Time Slot Scheduling. After all documents required by Section 7.2 have been provided, the Public Access Media Services Manager will meet with the User or Producer to develop scheduling which is advantageous to both the User and the viewing audience. 7.S.1. Reruns. Producers are encouraged to rerun programs a reasonable number of times. 7.S.2. Programs must be scheduled to begin on the half hour or on the hour. 7.S.3. Program Length. Viewing audiences tend to select channels on the half hour or on the hour. These viewing habits should be considered when writing and producing public access programs. However, in order to promote variety in program content, the PAC will consider accepting programs of any length. 7.S.4. Priority. Although time slots are generally scheduled on a £irst~come, £irst~serve basis, the follOWing channel priorities shall normally be observed: Page 11 of19 7.8.4.1. Should requests for time exceed Public Access Channel availability on a requested date, priority for that date will be given to first~run series programming submitted, and then to first~run programming submitted and then to second run programming submitted. 7.8.4.2. Locally produced programming shall have priority over programming from other sources. 7.8.4.3. First~time cablecasts shall have priority over repeat showings. 7.8.5. Time Limits. Each User and each Producer has a two (2) hour limit of programming time per week. Exceptions to this two~hour time limit will be made by the Public Access Media Services Manager only for Users or Producers who can submit on a regular basis new, never~ seen~before programs which exceed this minimum. Regularly scheduled reruns are not included in the two~hour time limit. . 7.8.6. Regular time slots up to 13 weeks in duration may be scheduled by any User with the understanding that first~time Users will be given preference at renewal time; however, a User may be required to give up a regular time slot if programs are not provided as scheduled. 7.8.7. To assure a requested time slot, media must be submitted directly to the Public Access Media Services Manager by the Friday preceding the week of the scheduled cablecast. 7.8.8. Programs which contain indecent content may be cablecast only between the hours of 10:00 pm and 6:00 am. The Sponsor is requested to notify the' Programming Department that her/his program( s) contain such content. 1 7.8.9. If a legally qualified candidate for public office personally appears on the Public Access Channel in connection with his or her campaign during the period 60 days prior to a primary, general, or special election, priority shall be given to requests for cablecasts by opposing legally~qualified candidates for the same office. The same priority shall apply to proponents and opponents of ballot issues during the same timeframe. Members of the public may determine who has requested time by inspecting the public records maintained by the PAC for all programming pursuant to the "Public Records" section of this Handbook, Section 12. 7.9. Videotapes or discs must meet technical standards necessary for transmission on the cable system. PAC staff will assist Producers and Users in every way Page 12 of 19 possible in meeting these standards. These standards include but are not limited to the following: 7.10. PAC will make every effort to provide a secure facility to store all recordings for the brief time they are here. However, PAC cannot be responsible for the loss of the contents of any recorded media. If it is determined that a recording has b~en lost or damaged through PAC error, PAC will reimburse a Producer or User for the cost of normal consumer/grade replacement tape or disc stock only. It is strongly recommended that dubs ( copies) of programs be submitted for cablecast, and that the edited masters be carefully stored elsewhere by their owners. 7.11. It is the responsibility of the User or Sponsor of a program to deliver the recording to PAC and to make arrangements to pick it up after its final cablecast. PAC will assume no delivery costs. Persons wishing to have their recording(s) returned by mail must include a self/addressed stamped envelope or envelopes with the submitted recording ( s). 7.12. The PAC Staff will notify Users or Producers whose recording (s) have not been picked up in a timely fashion. PAC reserves the right to dispose of any recording 30 days after the User or Producer has been requested to pick it up. 7.13. Exceptions to the rules in this Section 7 must be approved in writing by the Public Access Media Services Manager and all programming must be approved by the Public Access Media Services Manager. 8. PROGRAM CONTENT S.l. The PAC has designed its policies and facilities so as to encourage high/quality, creative community programming. S.2. A Producer, or User shall indemnify and agree to hold harmless the PAC, the City of Laredo, the local cable company or companies, and their officers and employees against any and all liability arising out of such use of the Public Access Channel or PEG Facilities and Equipment, or out of any breach of the Access Program Contract, Application for Cablecast, and/or Statement of Compliance. This indemnification shall not be an admission of liability nor shall it be for the benefit of third parties. 8.3. Although it is not the intention of the PAC to judge community program quality, the follOwing policies have been established based on certain legal and local considerations. 8.4. Public access programming must not contain: 8.4.1. Obscene matter, or the use of language which is obscene . . Page 13 of 19 8.4.2. The direct or indirect presentation oflottery information. 8.4.3. Advertising, whether in the form of a confined "commercial" or dispersed throughout a program. 8.4.4. Any direct solicitation of funds. 8.4.5. Material. which constitutes libel, slander, invasion of privacy or publicity rights, unfair competition, violation of trademark or copyright, or incitement to riot, or which violates laws regarding homeland security, public nudity, or any other local, state or federal law. A sponsor or user that engages is any unlawful activity, including without limitation slander, libel, incitement to riot, and violation of laws regarding homeland security or public nudity, may be subject to prosecution. The authorization of a given User to use the channel and the cablecast of the programming do not constitute a representation that the use is lawful, or that the City has reviewed the content of the programming .. 8.4.6. Materials which require rights held by broadcast stations, networks, sponsors, music licensing organizations, performers, representatives, copyright holders or other persons for cablecast, unless the Producer presents written authorization for the use of any such materials. 8.5. To preserve the non~commercial character of the Public Access Channel, Funding Sponsors may be acknowledged on the air no more than once during a program, either at the beginning or end. 8.5.1. An acknowledgement may consist only of a neutral, non~promotional identification of the Funding Sponsors (for example, "Funding for this program was prOvided by "). 8.5.2. Such acknowledgements may be made audibly and/or visually. If the acknowledgement is visual, donors must be identified by name only, shown on the screen only in plain block letters for no longer than 15 seconds at the bottom of the screen in type not to exceed one inch in height. 8.6. Submission of programming violating the program content rules defined herein may result in the suspension or forfeiture of privileges of using the Public Access Channel and PEG Facilities and Equipment. 8.7. The Public Access Media Services Manager may impose suspension or forfeiture of privileges as referred to in Sections 8.6 and ILl as follows: 8.7.1. 1st violation: 30 day suspension, 8.7.2. 2nd violation: 90 day suspension, Page 14 of19 8.7.3. 3rd violation: 1 year suspension. 8.7.4. Continued violation of these policies by any User or Producer may result in a permanent forfeiture of the privilege of using PAC facilities. 9. COMMUNITY BULLETIN BOARDS 9.1. The community bulletin board is available for public service announcements (PSA's), non~comrnercial messages. 9.2. Procedures 9.2.1. Announcement submissions forms are available the Public Access Studios. Completed forms may be mailed, faxed or delivered to PAC. 9.2.2. Announcements should be received by noon Wednesday of the week prior to scheduled bulletin board to be cablecast. 9.2.3. The person SUbmitting an announcement must provide their name, phone number and the name of the organization they represent. 9.3. Content Requirements 9.3.1. The announcement text should include: who, what, where, when and "F or more information contact [name] and [phone number]. 9.3.2. In cases where a phone number and address of any individual or organization is used, written permission for such use must be given by the individual or organization being named in the PSA. 9.3.3. Announcements must have a start date and stop date. 9.3.4. Announcements may not include ticket prices but may state '"For ticket information, call [phone number]." 10. COMMERCIAL USE OF PROGRAMMING AND ACCESS CENTER EQUIPMENT 10.1. The PEG Facilities and Equipment are primarily for the use of public Producers and City of Laredo staff members. They may also, however, be used by commercial entities as prOVided in this section 10. 10.1.1. Commercial Producers using PEG Facilities and Equipment must provide their own staffs, who must first be certified by the PAC for the use of the PEG Facilities and Equipment they wish to use. Page 15 of 19 10.1.2. At least 72 hours' notice is required for commercial use of PEG Facilities and Equipment. 10.2. PAC Studio. 10.2.1. Commercial Producers may reserve the PAC Studio for the fees described in Section 10.5 below after Regular Business Hours or at any time the studio is not in use by non-commercial Producers. 10.2.2. A PAC staff member must be present during studio use. 10.3. Portable Video Equipment. Portable Video Equipment may be reserved by commercial Producers only on weekends and only when equipment has not been reserved by non~commercial Producers. Commercial Producers shall pay the fees described in Section 10.5.1.2. 10.4. Post~ Production Equipment. Commercial Producers may reserve Post~ Production Equipment as described in Section 6.3.3. only outside Regular Business Hours or at any time the equipment is not in use by non~commercial Producers. Commercial Producers shall pay the fees described in Section 10.5. 10.5. Fees for Commercial Use 10.5.1. Studio Facilities: Commercial Producers of the PAC Studio facilities shall pay: • For use during Regular Business Hours: $225.00 per three hour period or portion thereof. • For use after Regular Business Hours or on weekends: $375.00 per three-hour period plus $50.00/hour for Staff supervision. 10.5.2. For PAC portable camera equipment Commercial Producers shall pay the PAC the following: • $75.00 per hour up to three hours • $225.00 for more than three and up to twelve hours • $450.00 for more than twelve and up to 24 hours 10.5.3. VHS Camcorder. Commercial Producers shall pay the PAC $100.00.00 per day for use of a PAC VHS Camcorder. 10.5.4. Post-Production Equipment: Commercial Users of PAC Editing Equipment (Suite A) shall pay the PAC the following: Page 16 of19 • $75.00 for up to three hours • $ 225.00 for more that three and up to twelve hours • $ 450.00 for more than twelve and up to 24 hours n. ENFORCEMENT III Denial Of Services 11.1.1. The PAC staff may deny the use of its facilities and services to individuals who interfere with the orderly conduct of public access programming as outlined in this handbook. 11.1.2. Anyone who appears to be under the influence of alcohol or drugs will be denied service. 11.1.3. Failure to abide by the rules and procedures herein stated will cause a violator to be placed on suspension for 30 days. Subsequent suspensions are for 90 days and one year. Continued violation of these policies by any User or Producer may result in a permanent forfeiture of the privilege of using PAC facilities. 11.1.4. Making false or misleading statements in the Application for Cablecast, Statement of Compliance, or Access Program Contract are grounds for forfeiture of the right to use PEG Facilities, Equipment and Public Access Channels. 11.1.5. Programming that violates these rules and procedures may result in forfeiture of privileges of using the PEG Facilities, Equipment and Public Access Channels 11.1.6. Users falsely representing themselves as employees of the PAC or the City of Laredo will forfeiture the right to use PEG Facilities, Equipment and Public Access Channels .. 11.1. 7. The Pubic Access Media Services Manager may deny the use of PEG Facilities and Equipment, by suspension or forfeiture, to anyone who has, in the experience of the PAC staff, misused the equipment, failed to return it on time, or in any other way abused the privileges of using PEG Facilities and Equipment. 11.2. Resolution Of Disputes and Appeal 11.2.1. The provisions of this Section 11.2 shall apply to disputes or disagreements between, or negative action taken against, a potential Page 17 of 19 or actual User or Producer (hereinafter referred to as "Aggrieved Party") by PAC Staff. 11.2.2. To initiate an appeal, an Aggrieved Party must, within 5 working days of the date of the dispute or action, submit a request, in writing (hereinafter "Appeals Letter"), to the Information Services and Telecommunications Director which said Appeals Letter sets out the incident or action complained of, the action desired by the Aggrieved Party and requesting a meeting with the Information Services and Telecommunications Director to discuss the dispute, incident, or action taken. 11.2.3. The Information Services and Telecommunications Director shall schedule and meet with the Aggrieved Party within 10 business days of the receipt of the Appeals Letter and notify the aggrieved party by letter of the meeting date. 11.2.4. The Information Services and Telecommunications Director shall meet with the Aggrieved Party and address the complaint. Within five business days of the meeting the Information Services and Telecommunications Director shall issue the Aggrieved Party a written . response (hereinafter " Director's Determination") to the complaint along with his findings and any action being taken against the Aggrieved Party. In the event the Aggrieved Party fails to attend the meeting hislher appeal shall be deemed to have been withdrawn unless a continuance or re-scheduling has been requested in Writing at least twenty-four hours in advance by the Aggrieved Party. 11.2.5. If the decision of the Information Services and Telecommunications Director is unacceptable to the aggrieved party he/she may appeal to Laredo Telecommunications Advisory Committee provided that the request to appeal is received within five business days of receipt of the Director's Determination. The appeal will be heard at the next regular board meeting unless it cannot be submitted in time to get onto the agenda in which case the appeal will be heard at the following meeting. 11.2.6. At the meeting, the aggrieved party and the Public Access Media Services Manager will present their positions regarding the matter. 11.2.7. Based on the presentations made by the parties, the Advisory Committee will make a recommendation to the City Manager. 11.2.8. If the City Manager does not concur with the recommendation of the Laredo Telecommunications Advisory Committee, the matter may then be presented to the City Council for its consideration and action. Page 18 of 19 12. PUBLIC RECORDS 12.1. A complete record of names and addresses of all persons, groups, organizations, or entities requesting time on the Public Access Channel shall be maintained at the PAC Studio. Such records will be placed in an inspection file as soon as practical after a request is received, and will be available for public inspection during Regular Business Hours at the PAC Studio. 12.2. Persons requesting public inspection shall do so in the manner prescribed by the Texas Public Information Act. 12.3. All records required herein, including Applications for Cablecast and Statements of Compliance for programming aired on the Public Access Channel, shall be maintained for the period required by State law. 12.4. All public records at PAC are subject to the Public Information Act. Page 19 of19 COUNCIL COMMUNICATION DATE: SUBJECT: ORDINANCE 2009-0-053 04-06-09 REPEALING CITY OF LAREDO CODE OF ORDINANCES CHAPTER 7.5-1 THROUGH 7.5-26 WHICH ESTABLISHED THE LAREDO CABLE COMMISSION AND ITS AUTHORITY. INITIATED BY: I STAFF SOURCE: Horacio de Leon, Asst. City Manager Heberto L. Ramirez, 1ST Director PREVIOUS COUNCIL ACTION: Council approved the introductory reading of this ordinance at its March 16th meeting. BACKGROUND: On September 4, 1984 the City Council adopted Ordinance No. 84-0-130 establishing the Laredo Cable Commission with duties related to Cable Franchise Administration and Public Access Channels. The general authority of the commission included the authority to accept funds from any source, to conduct inquiries, surveys, and investigations; to receive testimony of witnesses; hold public hearings, and the like pertaining to the operations of a cable television system in the city as may be required for the conduct of its business and the discharge of the duties assigned to it; and administration of the access channels. On August 19, 1996, the City Council adopted Ordinance No. 96-0-125 granting a franchise to KBL Cablesystems of the Southwest, Inc. to construct and operate a cable television system and setting for the terms and conditions thereof. The Laredo Cable Television System Franchise Ordinance of 1982, as it is known, attempted to change the name of the Laredo Cable Commission to Laredo Telecommunications Committee. On January 2001 the City Council, by motion, adopted the "Priority Procedures for the Mayor and City Council" (revised August 2005) and designated the Telecommunications Advisory Committee a standing committee created whose members are appointed by the Mayor and Council Members. On September 5, 2005 Texas Governor Rick Perry signed Senate Bill 5 into law, thereby designating the Public Utilities Commission (PUC) franchising authority for a state-issued franchise for the provision of cable service or video service. Since the duties of the Laredo Cable Commission, as they related to franchises were diminished by the SB 5, the commissioners determined that the commission was no longer empowered to perform many of duties set forth in Ordinance No. 84-0-130. The Laredo Telecommunications Commission similarly continued to meet and similarly fell into a period of dormancy. The confusion that exists between the Cable Commission and the Laredo Telecommunications Commission is being resolved by abolishing the Laredo Cable Commission and re-activating and amending the charge to the Telecommunications Advisory Commission (as it was so designated by the Priority Procedures for the Mayor and City Council"). On February 17, 2009, the City Council voted unanimously to re-activate the Telecommunications Advisory Committee and create/amend a new charge to address issues of public access, consumer advocacy, and community telecommunication needs. FINANCIAL IMPACT: None. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: I Staff recommends approval. ORDINANCE NO. 2009-0-053 REPEALING CITY OF LAREDO CODE OF ORDINANCES CHAPTER 7.5-1 THROUGH 7.5-26 WHICH ESTABLISHED THE LAREDO CABLE COMMISSION AND ITS AUTHORITY. WHEREAS, on September 4, 1984 the City Council adopted Ordinance No. 84-0-130 establishing the Laredo Cable Commission with duties related to Cable Franchise Administration and Public Access Channels. The general authority of the commission included the authority to accept funds from any source, to conduct inquiries, surveys, and investigations; to receive testimony of witnesses; hold public hearings, and the like pertaining to the operations of a cable television system in the city as may be required for the conduct of its business and the discharge of the duties assigned to it; and administration of the access channels; and WHEREAS, on April 3, 1995, the City Council passed Ordinance No. 95- 0-68 (being codified as Section 7.5-1 through 7.5-15 of Chapter 7.5 Laredo Code of Ordinances) which dealt with cable television rate regulation; and WHEREAS, on August 19, 1996, the City Council adopted Ordinance No. 96-0-125 granting a franchise to KBL Cablesystems of the Southwest, Inc. to construct and operate a cable television system and setting for the terms and conditions thereof. The Laredo Cable Television System Franchise Ordinance of 1982, as it is known, attempted to change the name of the Laredo Cable Commission to Laredo Telecommunications Committee; and WHEREAS, on January 2001 the City Council, by motion, adopted the "Priority Procedures for the Mayor and City Council" (revised August 2005) and designated the Telecommunications Advisory Committee a standing committee created whose members are appointed by the Mayor and Council Members; and WHEREAS, on September 5, 2005 Texas Governor Rick Perry signed Senate Bill 5 into law, thereby designating the Public Utilities Commission (PUC) franchising authority for a state-issued franchise for the provision of cable service or video service. Since the duties of the Laredo Cable Commission, as they related to franchises were diminished by the SB 5, the commissioners determined that the commission was no longer empowered to perform many of duties set forth in Ordinance No. 84-0-130. The Laredo Telecommunications Commission similarly continued to meet and similarly fell into a period of dormancy; and WHEREAS, on February 17, 2009, the City Council voted unanimously to re-activate the Telecommunications Advisory Committee and create/amend a new charge to address issues of public access, consumer advocacy, and community telecommunication needs. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: City of Laredo Code of Ordinances Chapter 7.5, Section 7.5-1 through 7.5-26 inclusive, which established The Laredo Cable Commission and its authority, be and hereby is repealed effective upon passage of this ordinance. Section 2: It finds, determines, recites and declares that sufficient written notice of the date, hour, place and subject of this meeting of the city Council was posted at a place convenient to the public at the city hall of the City of Laredo for the time required by law preceding this meeting, as required by the Texas Open Meetings Act, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter was considered. Section 3: This Ordinance shall take effect immediately from and after its passage. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE 6th DAY OF April, 2009. RAUL G. SALINAS, MAYOR ATTEST: GUSTAVO GUEVARRA, JR. CITY SECRETARY APPROVED AS TO FORM: Raul Casso, City Attorney By: Nathan R. Bratton Assistant City Attorney AN ORDINANCE NO. ____ REPEALING CITY OF LAREDO CODE OF ORDIANCES CHAPTER 7.5-1 THROUGH 7.5-26 WHICH ESTABLISHED THE LAREDO CABLE COMMISSION AND ITS AUTHORITY. WHEREAS, on September 4, 1984 the City Council adopted Ordinance No. 84-0-130 establishing the Laredo Cable Commission with duties related to Cable Franchise Administration and Public Access Channels. The general authority of the commission included the authority to accept funds from any source, to conduct inquiries, surveys, and investigations; to receive testimony of witnesses; hold public hearings, and the like pertaining to the operations of a cable television system in the city as may be required for the conduct of its business and the discharge of the duties assigned to it; and administration of the access channels; and WHEREAS, on September 4, 1984 the City Council adopted Ordinance No. 84-0-130 establishing the Laredo Cable Commission with duties related to Cable Franchise Administration and Public Access Channels. The general authority of the commission included the authority to accept funds from any source, to conduct inquiries, surveys, and investigations; to receive testimony of witnesses; hold public hearings, and the like pertaining to the operations of a cable television system in the city as may be required for the conduct of its business and the discharge of the duties assigned to it; and administration of the access channels; and WHEREAS, on April 3, 1995, the City Council passed Ordinance No. 95- 0-68 (being codified as Section 7.5-1 through 7.5-15 of Chapter 7.5 Laredo Code of Ordinances) which dealt with cable television rate regulation; and WHEREAS, on August 19, 1996, the City Council adopted Ordinance No. 96-0-125 granting a franchise to KBL Cablesystems of the Southwest, Inc. to construct and operate a cable television system and setting for the terms and conditions thereof. The Laredo Cable Television System Franchise Ordinance of 1982, as it is known, attempted to change the name of the Laredo Cable Commission to Laredo Telecommunications Committee; and WHEREAS, on January 2001 the City Council, by motion, adopted the "Priority Procedures for the Mayor and City Council" (revised August 2005) and designated the Telecommunications Advisory Committee a standing committee created whose members are appointed by the Mayor and Council Members; and. WHEREAS, on September 5, 2005 Texas Governor Rick Perry signed Senate Bill 5 into law, thereby designating the Public Utilities Commission (PUC) franchising authority for a state-issued franchise for the provision of cable service or video service. Since the duties of the Laredo Cable Commission, as they related to franchises were diminished by the SB 5, the commissioners determined that the commission was no longer empowered to perform many of duties set forth in Ordinance No. 84-0-130. The Laredo Telecommunications Commission similarly continued to meet and similarly fell into a period of dormancy; and WHEREAS, on February 17, 2009, the City Council voted unanimously to re-activate the Telecommunications Advisory Committee and create/amend a new charge to address issues of public access, consumer advocacy, and community telecommunication needs. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: City of Laredo Code of Ordinances Chapter 7.5, Section 7.5-1 through 7.5-26 inclusive, which established The Laredo Cable Commission and its authority, be and hereby is repealed effective upon passage of this ordinance. Section 2: It finds, determines, recites and declares that sufficient written notice of the date, hour, place and subject of this meeting of the city Council was posted at a place convenient to the public at the city hall of the City of Laredo for the time required by law preceding this meeting, as required by the Texas Open Meetings Act, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter was considered. Section 5: This Ordinance shall take effect immediately from and after its passage. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2009. RAUL G. SALINAS, MAYOR ATTEST: GUSTAVO GUEVARRA, JR. CITY SECRETARY APPROVED AS TO FORM: Raul Casso, City Attorney ~/4~Y: Nathan R. Bratton , ! Assistant City Attorney COUNCIL COMMUNICATION DATE: SUBJECT: RESOLUTION #2009-R-032 Authorizing the City Manager to enter into and execute a cooperative working 4/06/09 agreement, attached hereto as Exhibit A, between Laredo-Webb County Safe Haven Program and the Laredo Police Department for the purpose of working with the Laredo-Webb County Safe Haven Program throughout the investigative process of child abuse cases. INITIATED BY: STAFF SOURCE: Cynthia Collazo Carlos Maldonado Deputy City Manger Chief of Police PREVIOUS COUNCIL ACTION: None. BACKGROUND: LPD has been a partner during the planning stages since the center became fully operational in 1997. LPD has special divisions that reaches families and works on prevention of child abuse. LPD special units are assigned as first response team where domestic violence has occurred and will refer the children for a forensic interview and counseling. LPD provides services at the center to ensure the safety of clients and staff. FINANCIAL IMPACT: N/A COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Recommends the approval of this Resolution. RESOLUTION #2009-R-032 Authorizing the City Manager to enter into and execute a cooperative working agreement, attached hereto as Exhibit A, between Laredo-Webb County Safe Haven Program and the Laredo Police Department for the purpose of working with the Laredo-Webb County Safe Haven Program throughout the investigative process of child abuse cases. Whereas, there is a local as well as national need to enhance coordination for the provision of services to support the supervised visitation and safe exchange of children, by and between parents, in situations involving domestic violence, child abuse, sexual assault, or stalking; and Whereas, there is a need to provide a safe haven that is sensitive to the needs of children involved in cases of custodial disputes, including those in which domestic violence is suspected or documented; and Whereas, the police department has been a participating agency since 1997. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDTHAT: SECTION 1: Authorizing the City Manager to enter into and execute a cooperative working agreement, attached hereto as Exhibit A, between Laredo-Webb County Safe Haven Program and the Laredo Police Department for the purpose of working with the Laredo-Webb County Safe Haven Program throughout the investigative process of child abuse cases. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS DAY OF ,2009. RAUL SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY A TIORNEY BY: tI~1J1 ~t VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY Laredo-"Vebb County Safe Haven Program Safe Havens: Supervised Visitation and Exchange Grant Program Memorandum of Understanding WHEREAS, Webb County, TMC, District Attorney's Office, 341st District Court, ll1th th District Court, 49th District Court, 406 District Court, County Court at Law I, County Court at Law II, Webb County Commissioners' Court, Casa De Misericordia, Domestic Violence Coalition, South Texas Council on Alcohol and Drug Abuse (STCADA), Stop Child Abuse and Neglect (SCAN), Laredo Independent School District, United Independent School District, Laredo Police Department and Sheriff Department have come together to collaborate and to make an application for Safe Havens: Supervised Visitation and Safe Exchange Grant Program grant; and WHEREAS, the partners listed below have agreed to enter into a collaborative agreement in which Webb County will be the lead agency and named applicant and the other agencies will be partners in this application; and WHEREAS, the partners herein desire to enter into a Memorandum of Understanding setting forth the services to be provided by the collaborative; and WHEREAS, the application prepared and approved by the collaborative through its partners is to be submitted to the Office on Violence Against Women on or before February 19, 2009; and WHEREAS, inadequate community support for the supervised visitation and safe exchange of children is recognized locally as well as nationally as a significant problem affecting children and their families; and WHEREAS, there is a local as well as national need to enhance coordination for the provision of services to support the supervised visitation and safe exchange of children, by and between parents, in situations involving domestic violence, child abuse, sexual assault, or stalking; and WHEREAS, there is a need to provided a safe haven that is sensitive to the needs of children involved in cases of custodial disputes, including those in which domestic violence is suspected or documented; and WHEREAS, the Laredo-Webb County Safe Haven Program has established an Advisory Committee charged with the responsibility of maintaining the Laredo-Webb County Safe Haven Program that will better serve and protect children. NOW THEREFORE, in reference to the Safe Havens: Supervised Visitation and Exchange Grant Program, the participants named attest to the following provisions listed as follows: • That the following organizations recognize their role in support of the activities of the Laredo-Webb County Safe Haven Program and have appointed a representative to work together with the project staff. EXHIBIT j /It)L_k?'' • That the following agencies commit to working together to achieve the goals and objectives of the Laredo-Webb County Safe Haven Program. • That the proposed grant budget is accepted by all signing parties. J) Description of Partner Agencies Tl.\-IC - TMC is the lead agent administering the services for the Laredo-Webb County Safe Haven Program. TMC provides a secure venue for the rebuilding of families divided by divorce or domestic violence; to break the cycle of physical, sexual, and emotional abuse and neglect of children through supervised settings and counseling in a child sensitive environment and to provide the children of our community an opportunity for healing and strengthening familial relationships. • Contributions: Administer program and provide services to clients including children who are the subject of court ordered visitation exchanges and/or supervised visitations; children who are the victims of abuse and/or neglect; children who are involved and/or witnessed domestic violence; children of parents with substance abuse and/or mental health problems; children who are assigned to custody or care of the Division of Family Services; children of parent's whose living situation is unsuitable for meeting the needs of those children; and children of a parent Who the Court suspects may leave the state with the children. District Attorney's Office - The DA's office was instrumental in the development in development and establishment of the Laredo-Webb County Safe Haven Program. In 1995, the DA's office coordinated efforts to establish the Laredo-Webb County Safe Haven Program and by 1997 it became fully operational. District Attorney Isidro Alaniz continues to provide support by participating at Advisory Committee meetings. This office is also instrumental in the supporting a Court where Domestic Violence is its focus. • Contributions: The DA's office has assigned an Assistant District Attorney to work only on cases where domestic violence exist and where children have been abused and where children have witness domestic violence. Also, to assist in any potential legal matters. st 341 District Court - The 341 st as well as the other district courts have worked collaboratively with the Laredo - Webb County Safe Haven Program since its inception in 1997. 341 st Judge Elma Salinas Ender is the Co-Chair of the Laredo-Webb County Safe Haven Program Advisory Committee. Judge Ender has championed the Safe Haven program since its inception. • Contributions: 341 st District Court Judge Elma Salinas Ender Co-Chairs the Laredo Webb County Safe Haven Program Advisory Committee that provides the support for the Safe Haven Program. Also, Judge Ender assists in consultation as cases arise for those who violate protective orders and divorce decrees. I11th District Court - The 111 th as well as the other district courts have worked collaboratively with the Laredo - Webb County Safe Haven Program since its inception in 1997. As a member of the Webb County Board of Judges, Judge Raul Vasquez fully supports the Safe Haven grant application. • Contributions: This Court provides referrals to the Safe Haven Program and participates in the monthly Advisory Committee meetings. 49 th District Court - The 49th as well as the other district courts have worked collaboratively with the Laredo-Webb County Safe Haven Program since the center's inception in 1997. As a member of Webb County Board of Judges, 49th District Judge Joe Lopez fully supports the Safe Haven Program grant application as its judge has worked with the other judges to envision a safe exchange program in Laredo, Texas. The development and implementation of the Laredo-Webb County Safe Haven Program has been a goal of the Board of Judges since 2001. • Contributions: Will refer clients to the Safe Haven Program and participate in the monthly Safe Haven Advisory Committee meetings. 406th Family District Court - 406 th District Court Judge Oscar J. Hale, JI. Chairs the Board of District Judges (functions as the local administrative judges of the Board of Judges) and Co Chairs the Advisory Committee that provides support to the Safe Haven Program. Also, Judge Hale refers potential clients to the Laredo-Webb County Safe Haven Program. He participates monthly in the Laredo-Webb County Safe Haven Advisory Committee meetings. • Contributions: 406th District Court Judge Oscar J. Hale, Jr. will refer clients to the Safe Haven Program and participate in the monthly Safe Haven Advisory Committee meetings. County Court at Law I - The County Court at Law I as well as the other county court has worked collaboratively with the Laredo - Webb County Safe Haven Program since the center's inception in 1997. As a member of the Webb County Board of Judges, Judge Albino Morales fully supports the Safe Haven grant application. • Contributions: Will refer clients to the Safe Haven Program and participate in the monthly Safe Haven Advisory Committee meetings. County Court at Law II - The County Court at Law II as well as the other county court has worked collaboratively with the Laredo-Webb County Safe Haven Program since the center's inception in 1997. As a member of the Webb County Board of Judges, Judge Jesus Garza fully supports the Safe Haven grant application. • Contributions: Will refer clients to the Safe Haven Program and participate in the monthly Safe Haven Advisory Committee meetings. Webb County Commissioners' Court - The County has worked closely with the Laredo-Webb County Safe Haven Program in the development of this grant application. • Contributions: Various departments will provide in-kind services, including Webb County's Auditor's Department which will provide for fiscal management, the Economic Department which will provide support and technical expertise in attaining additional funding, and the County Attorney's Office which will provide legal advice. Casa De Misericordia (CASA) - A non-profit faith-based center. This shelter serves victims of domestic violence and collaborates with the Laredo-Webb County Safe Haven Program in an effort to provide counseling services to children victims exposed to domestic violence. The shelter refers families to the center within one day of shelter placement, also works with families to prevent further victimization of children and to strengthen the relationship between child and parent. • Contributions: CASA will refer clients to the Safe Haven Program. Domestic Violence Coalition - The Domestic Violence Coalition works closely with the Laredo-Webb County Safe Haven Program to advocate on behalf of child abuse and domestic violence victims. Education is an outmost priority of the coalition. • Contributions: The coalition has agreed to provide an avenue to promote the Safe Haven Program. The coalition coordinates a yearly on Domestic Violence issues to educate the public and professionals in the field, in which Safe Haven can offer a track or presenter. South Texas Council on Alcohol and Drug Abuse (STCADA) - The South Texas Council on Alcohol and Drug Abuse is a community-based regional outreach & referral agency providing substance abuse (drugs, alcohol) prevention, intervention, education and treatment services to the general population of Webb, Zapata, Jim Hogg, and Starr Counties. • Contributions: STCADA is a member of the Laredo-Webb County Safe Haven Program Advisory Committee which participates in the planning and development of program operations. STCADA will refer clients to the Safe Haven Program. Stop Child Abuse and Neglect (SCAN) - SCAN, Inc. will collaborate with the Laredo-Webb County Safe Haven Program through referrals. • Contributions: SCAN will refer clients to the Safe Haven Program. Laredo Independent School District (LISD) - LISD supports and recognizes the importance to serve children in the Safe Haven Program. • Contributions: The school district will make referrals to the Safe Haven Program. United Independent School District (UISD) - UISD supports and recognizes the importance to serve children in the Safe Haven Program. • Contributions: The school district will make referrals to the Safe Haven Program. Laredo Police Department (LPD) - LPD has been partner during the planning stages and now since the center became fully operational in 1997. LPD has special divisions that reaches families and works on prevention of child abuse. The LPD will work with the Laredo-Webb County Safe Haven Program throughout the investigative process of child abuse cases. • Contributions: LPD special units are assigned as first response team where domestic violence has occurred and will refer the children for a forensic interview and counseling. Also, provides services at the center to ensure the safety of clients and staff. Webb County Sheriff Department - The Sheriff's Department has been collaborating with the Laredo-Webb County Safe Haven Program since the development of the center by referring cases. The Sheriff's Dept. plays a vital role in the center by providing education and outreach to the colonias (rural habitants) and the county. Also, provides services at the center to ensure the safety of clients and staff. • Contributions: The Sherriff's Department has a special unit that works closely with victims of domestic violence. The officers will bring a child to the center who has witnessed domestic violence for forensic interview and counseling. In addition, the Sheriff's Department-Domestic Violence Division provides orientation of the Safe Haven Program and makes referral. II) History of Relationship On July 2008, the Laredo-Webb County Safe Haven Program underwent a change in the administering of the program. TMC was selected to ensure that the Safe Haven Program continued to provide the critical service needed for supervised visitation and safe exchange of children that were in situations involving domestic violence, child abuse, sexual assault, or stalking. The operation ofTMC over the Laredo-Webb County Safe Haven Program for the next three years will primarily focus on (10) critical goals. The (10) goals respond to the strategic needs and opportunities identified through the strategic planning process. Each goal is supported by a set of activities, which are expected to remain relatively stable but will be adapted, as necessary, to address changing circumstances. • Marketing the Re-introduction of the Webb County Safe Haven Program to the Community • Develop a Webb County Safe Haven Operational Model • Coordinating with the Courts to Expand the Usage of the Webb County Safe Haven Program • Coordinating with Bar Associations, Foundations, and Corporate Sector for the Referrals, Donations, and On-Going Sustainability of Program • Developing and Maintaining an Advisory Committee to Review and Advise the Program's Success, Needs, and Future Sustainability. • Building Partnerships and Collaborations with Community Agencies • Providing Educational and Training Opportunities for Custodial and Non-custodial Parents • Offering After-School Education jointly by Mentors/Parents • Incorporating an Evaluation Process for the Webb County Safe Haven Program that Assists with Identifying Key Outcome Measures • Developing and Implementing a Sustainability Plan III) Development of Application The Laredo-Webb County Safe Haven Program Advisory Committee has been meeting since July 2008 and discusses all matters regarding program. All Advisory Committee members represent collaborating entities that contribute into the application process by means of support and guidance in their specific contributions to program. IV) Roles and Responsibilities NOW, THEREFORE, it is hereby agreed by and between the partners as follows: The Webb County Safe Haven Program assists with the safe exchange of children from custodial to non-custodial parents and provides a child friendly and homely environment for "supervised visitation" services with the non-custodial parent of children who have 1) been the victims of abuse and/or neglect; 2) been involved and/or witnessed domestic violence; 3) either parent having substance abuse and/or mental health problems that give the Court concern for a child's welfare; 4) the visiting parent's living situation being unsuitable for meeting the needs of his/her children; 5) either parent having repeatedly failed to cooperate with visitation arrangements; 6) the Court suspecting the visiting parent may leave the state with the child; 7) been assigned to the custody or care of the Division of Family & Services. Cases are accepted via referrals, court ordered, and/or voluntarily and are held in strict confidence and in accordance with rulings ordered by the judiciary. V) Timeline The roles and responsibilities described above are contingent on Webb County receiving funds requested for the project described in the OVW grant application. Responsibilities under this Memorandum of Understanding would coincide with the grant period, anticipated to be 03/0112009 through 03/0112012. VI) Commitment to Partnership 1) The collaboration service area includes the City of Laredo and Webb County. 2) The partners agree to collaborate and provide supervised visitation and safe exchange of children to victims of abuse and/or neglect; children who are involved and/or witnessed domestic violence; children of parents with substance abuse and/or mental health problems; children who are assigned to custody or care of the Division of Family Services; children of parent's whose living situation is unsuitable for meeting the needs of those children; and children of a parent who the Court suspects may leave the state with the children pursuant to the program narrative of the grant application attached to this agreement. 3) Compensation for [non-lead] partners' contribution to this project will be provided as outlined in the attached OVW budget detail worksheet. 4) We, the undersigned have read and agree with this MOU. Further, we have reviewed the proposed project and approve it. 5) Dated this 18th day of February 2009. Signatures: Danny Valdez, Webb County Commissioners' Court Christopher S. Laurel, STCADA V~~~~~ Sr. Rosemary Welsh, Do€! stic Violence Coa ition de Misericordia ~ Isela Dabdoub, SCAN Veronica Guerra, LISD Roberto Santos, UISD Carlos Maldonado, Laredo Police Dept. 172~~ ~~~i-f Martin Cuellar, Webb County Sheriff~. O¥r\(.~ cc: Agencies and Interested Parties COUNCIL COMMUNICATION DATE: SUBJECT: Resolution #2009-R-033 04/06/2009 Authorizing the City Manager to submit a joint grant application with Webb County in the amount of $602,748.00 to the Office of Justice Programs, Bureau of Justice Assistance for the purpose of funding the Recovery Act Edward Byrne Memorial JAG or Justice Assistance Grant for the period of March 1, 2009 through February 28, 2013. This funding will be used for equipment and supplies for police operations. The Bureau of Justice Assistance has authorized $574,766 for the City of Laredo and $27,982 for Webb County. INITIATED BY: STAFF SOURCE: Cynthia Collazo Carlos Maldonado Deputy City Manager Chief of Police PREVIOUS COUNCIL ACTION: NIA ACTION PROPOSED: That City Council approves this Resolution BACKGROUND: The American Recovery and Reinvestment Act of 2009 which was signed into law by President Obama on February 17, 2009 is an unprecedented effort to jumpstart our economy, create or save millions of jobs, and to put a down payment on addressing long-neglected challenges so our country can thrive in the 21 st century. The Act is an extraordinary response to a crisis unlike any since the Great Depression, and includes almost $2 billion in critical resources for state and local law enforcement and other criminal justice activities through the JAG Recovery Program. FINANCIAL: Fund #229 *JAG Grant: $602,748 City of Laredo $574,766 Webb County $27,982 *No local match required RECOMMENDATION: STAFF: Recommends that Council approve this resolution. RESOLUTION #2009-R-033 Authorizing the City Manager to submit a joint grant application with Webb County in the amount of $602,748.00 to the Office of Justice Programs, Bureau of Justice Assistance for the purpose of funding the Recovery Act Edward Byrne Memorial JAG or Justice Assistance Grant for the period of March 1, 2009 through February 28, 2013. This funding will be used for equipment and supplies for police operations. The Bureau of Justice Assistance has authorized $574,766 for the City of Laredo and $27,982 for Webb County. Whereas, the City Manager is authorized to apply for, accept, reject, alter or terminate this grant on behalf of the City of Laredo; and Whereas, the City of Laredo will receive $574,766 and Webb County will receive $27,982 from the JAG Recovery grant and it will pay for equipment and supplies for law enforcement operations; and Whereas, the City of Laredo has agreed that in the event of loss or misuse of the Office of Justice Programs funds, the City of Laredo assures that the funds will be returned to the Office of Justice Programs, Bureau of Justice Assistance in full; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: It authorizes the City Manager to apply for a JAG Recovery grant in the amount of $602,748.00 awarded by the Office of Justice Programs, Bureau of Justice Assistance. The grant is 100% funded and will not require a cash match. This funding will be used for equipment and supplies for law enforcement operations for the period of March 1, 2009 through February 28, 2013. Section 2: It authorizes the City Manager to execute all necessary documents to obtain said grant and to effectuate its terms. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ___ DAY OF ,2009. RAUL SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: U~'h!.au~ RAUL CASSO CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: Resolution #2009-R-034 Authorizing the City Manager to apply for a grant in the estimated 04/06/2009 amount of $7,200,000.00 from the U. S. Department of Justice, Office of Community Oriented Policing Service (COPS) Program. Funding is available under the COPS Hiring Recovery Program created under the American Recovery and Reinvestment Act of 2009. The City of Laredo will utilize this funding to hire 40 new police officers for a period of three years. INITIATED BY: STAFF SOURCE: Cynthia Collazo Carlos Maldonado Deputy City Manager Chief of Police PREVIOUS COUNCIL ACTION: None ACTION PROPOSED: City Council approves this Resolution to apply for this grant from the U.S. Department of Justice, COPS Office. BACKGROUND: The COPS Hiring and Recovery Program (CHRP) is a competitive grant program established under the American Recovery and Reinvestment Act of 2009 that provides funding directly to law enforcement agencies having primary law enforcement authority to create and preserve jobs and to increase their community policing capacity and crime-prevention efforts. Up to $1 billion in grant funding will be available for the hiring and rehiring of additional career law enforcement officers. There is no local match requirement for CHRP, but grant funding will be based on current entry-level salary and benefits packages and therefore any additional costs for higher salaries or benefits for particular individuals hired will be the responsibility of the grantee agency. CHRP grants will provide 100 percent funding for approved entry-level salaries and benefits for 3 years (36 months) for newly-hired, full-time sworn officer positions (including filling existing unfunded vacancies) or for rehired officers who have been laid off, or are scheduled to be laid off on a future date, as a result of local budget cuts. FINANCIAL: Fund #229-Special Police COPS Recovery Grant $7,200,000 RECOMMENDATION: STAFF: Recommends that Council approve this resolution Resolution #2009-R-034 Authorizing the City Manager to apply for a grant in the estimated amount of $7,200,000.00 from the U. S. Department of Justice, Office of Community Oriented Policing Service (COPS) Program. Funding is available under the COPS Hiring Recovery Program created under the American Recovery and Reinvestment Act of 2009. The City of Laredo will utilize this funding to hire 40 new police officers for a period of three years. Whereas, the City Council previously adopted the budget for fiscal year 2008- 2009; and Whereas, the Police Chief recommends that City Council authorize this grant application for the hiring of 40 police officer cadets and that the City of Laredo create these positions under the COPS Hiring Recovery Program (CHRP); and Whereas, according to the Department of Justice COPS guidelines, the City of Laredo must absorb the full-cost of these 40 officers after the third year of COPS grant funding expires; and Whereas, the City Council finds that such an application should be made and will be beneficial to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The City of Laredo Police Department will utilize an estimated amount of $7,200,000.00 in grant funding from the United States Department of Justice under the COPS Hiring Recovery Program in order to hire 40 new police officers. Section 2: It authorizes the City Manager to execute all necessary documents to achieve said grant and to effectuate its terms PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ___ DAY OF ,2009. RAUL SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: ~t« fJ1.. ~-u-4 RAUL CASSO CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: RESOLUTION NO. 2009-R-035 04106/2009 AUTHORIZING THE REMOVAL OF THE TRAFFIC SIGNAL LOCATED AT THE INTERSECTION OF SAN ENRIQUE AVENUE AND WASIDNGTON STREET WIDrn IS NO LONGER WARRANTED ACCORDING TO THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES INITIATED BY : STAFF SOURCE: Carlos Villarreal - City Manager Jesus Olivares - Assistant City Manager, Acting Transportation Director Roberto Murillo, P.E., P.T.O.E., Traffic Safety Manager PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Traffic Safety Department has determined that the traffic signal at the intersection ofWashington Street and San Enrique Avenue is no longer warranted according to the Texas Manual on Unifonn Traffic Control Devices (TMUTCD). If changes in traffic patterns eliminate the need for a traffic control signal, consideration should be given to removing it and replacing it with appropriate alternative traffic control devices, if any are needed. It is in the best interest ofthe citizens in the surrounding neighborhood to have this traffic signal removed. The traffic signal only causes delays for the traffic on Washington Street. Its removal will eliminate costs associated with maintenance of the traffic signal. The following steps will be taken in removing the signal: 1) Place the signal on yellow/red flashing operation, to reflect Washington Street on yellow flash, San Enrique Avenue on red flash with stop signs, for a period of no more than 30 days. 2) Deactivate signal, ifsafety and intersection operation are acceptable, remove signing related to signal, and cover or remove signal heads. Leave signal poles and span wire in place. 3) Remove traffic signal completely after an acceptable period of sign control operation. This period can be an additional 30 days. We are proposing to install sign(s) at the intersection to infonn the public that the signal is on flash for possible removal. The sign will include the Traffic Safety Department's telephone number for any questions or concerns. The Transportation & Traffic Safety Advisory Committee recommended removal of traffic signal during their monthly meeting held on 03/1112009. FINANCIAL IMPACT: None. COJ.\lIMITTEE RECOMMENDATION: STAFF RECOMMENDATION: The Transportation & Traffic Safety Advisory It is recommended that this action be authorized. Committee recommended removal of traffic signal. A RESOLUTION 2009 - R - 035 AUTHORIZING THE REMOVAL OF THE TRAFFIC SIGNAL LOCATED AT THE INTERSECTION OF SAN ENRIQUE AVENUE AND WASHINGTON STREET WHICH IS NO LONGER WARRANTED ACCORDING TO THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES WHEREAS, the City of Laredo, Transportation Department - Traffic Safety Division has determined that the traffic signal at the intersection of San Enrique Avenue and Washington Street no longer satisfies the conditions which merit a signalized intersection described within the Texas Manual on Uniform Traffic Control Devices (TxMUTCD); and WHEREAS, the City of Laredo, Transportation Department - Traffic Safety Division has determined that the traffic signal at the intersection of San Enrique Avenue and Washington Street will require a significant amount of improvements in order to incorporate the signalized intersection into the traffic management network for Intelligent Transportation Systems; and WHEREAS, the City of Laredo, Transportation Department - Traffic Safety Division has determined that the removal of the traffic signal at the intersection of San Enrique Avenue and Washington Street will save in regular maintenance costs; and WHEREAS, the City of Laredo, Transportation Department - Traffic Safety Division, after proper analysis, has determined that better traffic flow will result at this intersection; and WHEREAS, the City of Laredo, Transportation Department - Traffic Safety Division, has determined that the interest and safety of the citizens of Laredo will be improved by the removal of the traffic signal at the intersection of San Enrique Avenue and Washington Street; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: The traffic signal at the intersection of San Enrique Avenue and Washington Street is no longer warranted according to the Texas Manual on Uniform Traffic Control Devices and will be removed by the City of Laredo, Transportation Department - Traffic Safety Division. APPROVED BY THE THE MAYOR ON THIS DAY __ OF ____, 2009. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORN ~~,~~~ KRISTINA L. HA ASST. CITY ATTORNEY 2 COUNCIL COMMUNICATION DATE: SUBJECT: RESOLUTION NO. 2009 - R - 036 04106/2009 AUTHORIZING THE REMOVAL OF THE TRAFFIC SIGNAL LOCATED AT THE INTERSECTION OF DAVIS AVENUE AND VICfORIA STREET WIllCH IS NO LONGER WARRANTED ACCORDING TO THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES INITIATED BY: STAFF SOURCE: Carlos Villarreal- City Manager Jesus Olivares - Assistant City Manager, Acting Transportation Director Roberto Murillo, P.E., P.T.O.E., Traffic Safety Manager PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Traffic Safety Department has determined that the traffic signal at the intersection ofWashington Street and San Enrique Avenue is no longer warranted according to the Texas Manual on Uniform Traffic Control Devices (TMUTCD). If changes in traffic patterns eliminate the need for a traffic control signal, consideration should be given to removing it and replacing it with appropriate alternative traffic control devices, if any are needed. It is in the best interest of the citizens in the surrounding neighborhood to have this traffic signal removed. The traffic signal only causes delays for the traffic on Victoria Street Street. Its removal will eliminate costs associated with maintenance of the traffic signal. The following steps will be taken in removing the signal: I) Place the signal on yellow/red flashing operation, to reflect Victoria Street on yellow flash, Davis Avenue on red flash with stop signs, for a period of no more than 30 days. 2) Deactivate signal, ifsafety and intersection operation are acceptable, remove signing related to signal, and cover or remove signal heads. Leave signal poles and span wire in place. 3) Remove traffic signal completely after an acceptable period of sign control operation. This period can be an additional 30 days. We are proposing to install sign(s) at the intersection to inform the public that the signal is on flash for possible removal. The sign will include the Traffic Safety Department's telephone number for any questions or concerns. The Transportation & Traffic Safety Advisory Committee recommended removal of the traffic signal during their monthly meeting held on 03/1112009. FINANCIAL IlVIPACT: None. COMMITTEE RECO~IMENDATION: STAFF RECO~IMENDATION: The Transportation & Traffic Safety Advisory It is recommended that this action be authorized. Committee recommended removal of traffic signal. A RESOLUTION 2009 - R - 036 AUTHORIZING THE REMOVAL OF THE TRAFFIC SIGNAL LOCATED AT THE INTERSECTION OF DAVIS AVENUE AND VICTORIA STREET WInCH IS NO LONGER WARRANTED ACCORDING TO THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES WHEREAS, the City of Laredo, Transportation Department - Traffic Safety Division has determined that the traffic signal at the intersection of Davis Avenue and Victoria Street no longer satisfies the conditions which merit a signalized intersection described within the Texas Manual on Uniform Traffic Control Devices (TxMUTCD); and WHEREAS, the City of Laredo, Transportation Department - Traffic Safety Division has determined that the traffic signal at the intersection of Davis Avenue and Victoria Street will require a significant amount of improvements in order to incorporate the signalized intersection into the traffic management network for Intelligent Transportation Systems; and WHEREAS, the City of Laredo, Transportation Department - Traffic Safety Division has determined that the removal of the traffic signal at the intersection of Davis Avenue and Victoria Street will save in regular maintenance costs; and WHEREAS, the City of Laredo, Transportation Department - Tnlffic Safety Division, after proper analysis, has determined that better traffic flow will result at this intersection; and WHEREAS, the City of Laredo, Transportation Department - Traffic Safety Division, has determined that the interest and safety of the citizens of Laredo will be improved by the removal of the traffic signal at the intersection of Davis Avenue and Victoria Street; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: The traffic signal at the intersection of Davis Avenue and Victoria Street is no longer warranted according to the Texas Manual on Uniform Traffic Control Devices and will be removed by the City of Laredo, Transportation Department - Traffic Safety Division. " APPROVED BY THE THE MAYOR ON TIDS DAY __ OF ____, 2009. RAUL G. SALINAS· MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY U~Q~~ Vf~STINA L. HALE ASST. CITY ATTORNEY 2 COUNCIL COMMUNICATION DATE: SUBJECT: RESOLUTION NO. 2009-R-037 AUTHORIZING THE CITY MANAGER TO EXECUTE THE ADVANCE FUNDING 4/6/09 AGREEMENT ("AFA"), ATTACHED HERETO AS EXIDBIT A, BETWEEN THE CITY OF LAREDO AND THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE ESTIMATED AMOUNT OF $581,670.00 FOR THE US 83 UTILITY RELOCATION AND CONSTRUCTION OF A RAILROAD OVERPASS FROM MONTERREY ST. TO CEDAR ST., BY FUNDING THE UTILITY RELOCATION IMPROVEMENTS AND ALLOWING THE CITY AND TXDOT TO PROCEED WITH THE LETTING OF THESE PROJECTS IN JUNE 2009 TO AVOID PROJECT DELAYS. THE CITY HAS TO COMPLETE ITS WORK 60 DAYS PRIOR TO THE DATE SET FOR THE CONSTRUCTION BIDS. THE CITY SHALL REMIT ITS CHECK OR WARRANT MADE PAYABLE TO THE "TXDOT TRUST FUND". FUNDING IS AVAILABLE ON THE 2008 UTILITY BOND WATER WORKS AND 2008 UTILITY BOND SEWER FUND. INITIATED BY: STAFF SOURCE: Carlos R. Villarreal, City Manager Tomas M. Rodriguez Jr., P.E., Utilities Director PREVIOUS COUNCIL ACTION: 3/2/09 award Engineering Contract to Premier Civil Engineering. BACKGROUND SUBJECT: The City of Laredo Utilities Department (City) has requested to the Texas Department of Transportation (TXDOT) to participate in the improvements for the construction of the US 83 Railroad Overpass from Monterrey St. to Cedar St. and the US 83 Utility Relocation at the Railroad Overpass from Monterrey St. to Cedar St. by funding the US 83 Utility Relocation improvements and allow the City and TXDOT to proceed with the letting ofthese projects in the month of June and avoid any delays on the projects. The City has to complete the advance funding agreement for voluntary local government contributions to transportation improvement projects with no required match, 60 days prior to the date set for the construction bids. The City shall remit a check or warrant made payable to the "TXDOT Trust Fund" in the amount of $581 ,670. The check or warrant shall be deposited by TXDOT in an escrow account, were TXDOT withdrawal funds to pay the lowest bidder for the construction oversight and construction cost related to the water and sewer improvements. WATER WASTEWATER Estimated Contract amount...... $524,030.00 $437,030.00 $ 87,000.00 Oversight construction contract...... $ 57,640.00 $ 47,841.20 $ 9,798.80 Total AF A $581,670.00 $484,871.20 $ 96,798.80 FINANCIAL IMPACT: Funding is available on the 2008 Utility Bond Waterworks US 83 Railroad Project in the amount of$484,871.20, and on the 2008 Utility Bond Sewer Fund in the amount of $96,798.80. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Operations Committee Approve the resolution Finance Committee Resolution No. 2009-R-037 AUTHORIZING THE CITY MANAGER TO EXECUTE THE ADVANCE FUNDING AGREEMENT ("AFA"), ATTACHED HERETO AS EXHIBIT A, BETWEEN THE CITY OF LAREDO AND THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE ESTIMATED AMOUNT OF $581,670.00 FOR THE US 83 UTILITY RELOCATION AND CONSTRUCTION OF A RAILROAD OVERPASS FROM MONTERREY ST. TO CEDAR ST., BY FUNDING THE UTILITY RELOCATION IMPROVEMENTS AND ALLOWING THE CITY AND TXDOT TO PROCEED WITH THE LETTING OF THESE PROJECTS IN JUNE 2009 TO AVOID PROJECT DELAYS. THE CITY HAS TO COMPLETE ITS WORK 60 DAYS PRIOR TO THE DATE SET FOR THE CONSTRUCTION BIDS. THE CITY SHALL REMIT ITS CHECK OR WARRANT MADE PAYABLE TO THE "TXDOT TRUST FUND". FUNDING IS AVAILABLE ON THE 2008 UTILITY BOND WATER WORKS AND 2008 UTILITY BOND SEWER FUND. WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 111550 authorizes the State to undertake and complete a highway improvement generally described as US 83 Construction of a Railroad Overpass from 0.2 miles west of Monterrey St. to .02 miles west of Cedar St.; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as US 83 Utility Relocation from Monterrey St. to Cedar St.; hereinafter called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; and WHEREAS, on February 11, 2009 the Local Government received approval in securing services from Premier Civil Engineering, LLC called the "Consultant"; and WHEREAS, on March 2, 2009; the City of Laredo awarded an engineering contract to the Consultant in the amount of $92,555.00 for the construction of the Project; and WHEREAS, the Local Government will seek reimbursement for eligible engineering, administration, construction oversight and construction relocation costs providing the proper documentation for their claim of a compensable interest within the Project by virtue of property right that predate the existing highway right of way; and WHEREAS, the eligible reimbursement costs will be establish through an approved and executed utility agreement before any request for reimbursement can be processed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: The city manager is authorized to sign the Advanced Funding Agreement attached hereto as Exhibit A, between the City of Laredo and the Texas Department of Transportation in the estimated amount of $581,670.00 for the U.S. 83 utility relocation and construction of a railroad overpass from Monterrey St. to Cedar St., by funding the utility relocation improvements and allowing the City and TXDOT to proceed with the letting of these projects in June 2009 to avoid project delays. Funding is available on the 2008 Utility Bond Water Works and 2008 Utility Bond Sewer Fund. PASSED AND APPROVED THIS ___ DAY OF ______2009. Raul G. Salinas, Mayor ATTEST: Gustavo Guevara City Secretary APPROVED AS TO FORM: Raul Casso, City Attorney By: "-~~ fYI,. ~R&~~g; Valeria M. Acevedo Asst. City Attorney EXHIBIT A to RESOLUTION NO. 2009-R-037 CSJ # 0086-01-052 District # Laredo (22) Code Chart 64 # 24000 Project: US 83-KCS Railroad Project THE STATE OF TEXAS § THE COUNTY OF WEBB § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Laredo, Utilities Department, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201,221,227, and 361, authorize the State to layout, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 111550 authorizes the State to undertake and complete a highway improvement generally described as US 83 Construction of a Railroad Overpass from 0.2 miles west of Monterrey St. to .02 miles west of Cedar St.; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as US 83 Utility Relocation from Monterrey St. to Cedar St.; hereinafter called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 2. Project Funding and Work Responsibilities The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. EXHIBIT A to RESOLUTION NO. 2009-R-037 CSJ # 0086-01-052 District # Laredo (22) Code Chart 64 # 24000 Project: US 83-KCS Railroad Project In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. Article 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. Article 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right-of-way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. Article 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. EXHIBIT A to RESOLUTION NO. 2009-R-037 CSJ # 0086-01-052 District # Laredo (22) Code Chart 64 # 24000 Project: US 83-KCS Railroad Project Article 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. Article 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Project Budget and Description, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 9. Increased Costs In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of its obligation under this contract, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within 30 days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 11 - Termination. If this is a fixed price agreement as specified in Attachment A, Project Budget and Description, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. Article 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. Article 11. Termination This agreement may be terminated in the following manner: • by mutual written agreement and consent of both parties; • by either party upon the failure of the other party to fulfill the obligations set forth herein; • by the State if it determines that the performance of the Project is not in the best interest of the State. EXHIBIT A to RESOLUTION NO. 2009-R-037 CSJ # 0086-01-052 District # Laredo (22) Code Chart 64 # 24000 Project: US 83-KCS Railroad Project If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. • Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. Article 12. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the followin~ addresses: Local Government: State: City of Laredo, Utilities Department Texas Department of Transportation c/o Carlos R. Villarreal, City Manager c/o Fernando B. Barrera, District ROW Agent 1110 Houston St.. 1817 Bob Bullock Loop Laredo, Texas 78040 Laredo, Texas 78043 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Article 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 15. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. Article 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. EXHIBIT A to RESOLUTION NO. 2009-R-037 CSJ # 0086-01-052 District # Laredo (22) Code Chart 64 # 24000 Project: US 83-KCS Railroad Project Article 17. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. Article 18. Debarment The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the [Contractor, Local Government, Engineer, or whatever] certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification. Article 19. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT has executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By______Date ______Name and Title: THE LOCAL GOVERNMENT: City of Laredo, Utilities Department By______Date------Carlos R. Villarreal, City Manager ATTACHMENT A Payment Provision and Work Responsibilities The Local Government will pay for the cost of the installation and relocation of the water and sewer improvements along US 83 between Monterrey St. and Cedar St. as follows: - Connect existing 8" sewer line and backfill the existing manhole at Guadalupe St. and Lexington St. in order to eliminate manhole conflict and install a manhole 80 feet west of the existing manhole located at the same intersection; adjust manhole at the intersection of Lexington St. and Guadalupe St. to the finish grade. - Connect existing 36" sewer line and backfill the existing manhole at Chihuahua St. and Sanders St. in order to eliminate manhole conflict and install a manhole 80 feet south of the existing manhole located at the same intersection; adjust manhole at the intersection of Sanders St. and Chihuahua St. to the finish grade. -Adjust 12 manholes to the finish grade. -I nstall 3 bores one 200 feet of 24" steel casing and two 90 feet of 16" casing for the installation of a 12" water line and 8" water line respectively. -Install 750 feet of 12" PVC C-900 water line from the intersection of Monterrey St. and Chihuahua St. to the intersection of Marcella St. and Chihuahua St.; three wet connections to the existing line at Monterrey St. & Chihuahua St., to the existing line at Marcella St. & Chihuahua st. and to the existing 6 "water line at Sanders St. & Chihuahua St. including appurtenances. -Install 690 feet of 16" PVC C-905 water line from the intersection of Maryland St. and Chihuahua st. to the intersection of Cedar st. and Chihuahua St., three 16" wet connections to the existing line at Cedar st. & Chihuahua St., at the existing line at Maryland St. and Chihuahua st. and to the existing line at Lexington st. & Maryland St. including appurtenances. - Install 500 feet of 8" PVC C-900 water line from the intersection of Monterrey St. and Chihuahua St. to the intersection of Monterrey St. and Guadalupe St., three wet connection to the existing line at Monterrey St. & Chihuahua St. and at Guadalupe St. & Monterrey St. north and west of intersection including appurtenances. - Install 250 feet of 8" PVC C-900 water line from the intersection of Maryland St. and Chihuahua St. to the intersection of Springfield st. and Chihuahua St., including appurtenances. -5 fire hydrant, 28 single water services at different locations, install three 8"; one 6", one 12" and one 16" plugs at different locations. -lower the existing 16" water line and install 60 feet of 16" water line including appurtenances between Chihuahua St. and Guadalupe St. along Maryland. -Adjust 35 gate valves to the finish grade. - Install five 6", seven 8", three 12" and three 16" gate valves. US 83 - GUADALUPE/CHIHUAHUA UTILITY RELOCATIONS PROJECT TXDOT PRELIMINARY OPINION OF PROBABLE ENGINEERING, ADMINISTRATION AND CONSTRUCTION COST 16" PVC DR 14 C905 installed 4-6 ft depth -~~750 Lt. @ $45.00 = $33,750.00 2 12" PVC DR 14 C900 installed 4-6 ft depth 750 Lt. @ $27.00 = $20,250.00 3 8" PVC DR 14 C900 installed 8-10 ft depth 750 Lt. @ $15.00 $11,250.00 4 16" Valve & Box 3 Ea. @ $1,500.00 $4,500.00 5 12" Gate Valve & Box 3 Ea. @ $1,300.00 = $3,900.00 6 8" Gate Valve & Box 7 Ea. @ $1,000.00 $7,000.00 7 6" Gate Valve & Box 5 Ea. @ $800.00 $4,000.00 8 Adjust Gate Valve to grade 35 Ea. @ $350.00 = $12,250.00 9 24" Steel Casing inc. boring 200 Lt. @ $250.00 $50,000.00 10 16" Steel Casing inc. boring 180 Lt. @ $180.00 $32,400.00 11 Fire Hydrant 5 Ea. @ $2,995.00 $14,975.00 12 45 Elbow for 16" PVC 4 Ea. @ $1,200.00 $4,800.00 13 45 Elbow for 12" PVC 8 Ea. @ $800.00 $6,400.00 14 45 Elbow for 6" PVC 28 Ea. @ $645.00 $18,060.00 15 MJ TEE 12" X 6" 2 Ea. @ $800.00 $1,600.00 16 16" dia. Plug Ea. @ $1,000.00 $1,000.00 17 12" dia. Plug Ea. @ $850.00 $850.00 18 8" dia. Plug 3 Ea. @ $750.00 = $2,250.00 19 6" dia. Plug Ea. @ $645.00 = $645.00 20 Single Service Connection 28 Ea. @ $500.00 = $14,000.00 21 Remove and reconstruct asphalVconcrete 28 Ea. @ $1,000.00 $28,000.00 22 Concrete Encasement 100 CY @ $100.00 $10,000.00 23 Wet Connection 5 Ea. @ $2,000.00 $10,000.00 24 Raised Pavement Marker 5 Ea. @ $250.00 $1,250.00 25 10" Black Base 1,000 Sy. @ $30.00 $30,000.00 26 3" Hot Mix Asphalt 1,000 Sy. @ $19.00 $19,000.00 27 Prime Coat Mc-30 1,950 Sy. @ $2.00 $3,900.00 28 Saw cut existing asphalt pavement 4,000 S.f. @ $5.00 = $20,000.00 29 Remove and dispose asphalt pavement 2,200 S.f. @ $8.00 = $17,600.00 30 Remove and dispose sidewalk 1,000 S.f. @ $10.00 $10,000.00 31 Remove and dispose curb & gutter 200 S.f. @ $5.00 $1,000.00 32 Trench Backfill flowable 500 CY @ $80.00 $40,000.00 33 Type "A" Curb & Gutter 200 Lt. @ $12.00 $2,400.00 34 8" dia. P.V.C. S.D.R. 26 -8' to 12' depth 20 Lt. @ $25.00 $500.00 35 36" dia. Sewer line -12' to 16' depth 20 Lt. @ $200.00 $4,000.00 36 Manhole - 0' to 8' depth Ea. @ $3,200.00 $3,200.00 37 Manhole -12' t016' depth 6' diameter Ea. @ $8,000.00 $8,000.00 38 Replace manhole 4' dia with 8" dia sewer line Ea. @ $2,000.00 $2,000.00 39 By-pass pumping for 4' manhole replacement Ls. @ $7,500.00 $7,500.00 40 Replace manhole 6' dia with 36" dia sewer line Ea. @ $4,000.00 $4,000.00 41 By-pass pumping for 6' manhole replacement Ls. @ $15,000.00 $15,000.00 42 Adjust manhole cover to finish grade 12 Ea. @ $500.00 $6,000.00 43 Trash and Debris Containment 1 Ea. @ $500.00 $500.00 44 Concrete Washout Pit Ea. @ $500.00 $500.00 45 Traffic Control and Traffic Handling LS. @ $30,000.00 $30,000.00 46 Type No. III Barricade 4 Ea. @ $1,450.00 $5,800.00 Total Construction $524,030.00 State Engineering & Contingencies Cost (11 % of 47 Construction) Ea. @ $57,640.00 $57,640.00 TOTAL PROJECT COST = $581,670.00 Direct State Cost will be based on actual charges. Local Government's Participation (100%) = $581,670.00 It is further understood that the State will include only those items for the improvements as requested and required by the Local Government. This is an estimate only; final participation amounts will be based on actual charges to the project. COUNCIL COMMUNICATION DATE: SUBJECT: RESOLUTION No. 2009-R038 Authorizing the City Manager to accept a grant award from the Department of Homeland Security, Assistance to Firefighters Grant (AFG) Program in the amount of $400,000 with the City designating $100,000 in matching funds for a 04/06/09 total of $500,000. Funding received through this grant will be used to purchase radio communication equipment that will enhance radio coverage for first responders. INITIATED BY: STAFF SOURCE: Cynthia Collazo, Deputy City Manager Steve E. Landin., Fire Chief/EMC PREVIOUS COUNCIL ACTION: none BACKGROUND: The purpose of the (AFG) The purpose of the Assistance to Firefighters Grant (AFG) Program is to award one-year grants directly to fire departments of to enhance their abilities with respect to fire and fire-related hazards. Ultimately, the goal is for the (AFG) program to provide assistance to meet fire department's emergency response needs. FINANCIAL IMPACT: Federal Share: $400,000 City Share: $100,000 Total: $500,000 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Staff recommends that this resolution be adopted by City Council. . RESOLUTION No. 2009-R038 Authorizing the City Manager to accept a grant award from the Department of Homeland Security, Assistance to Firefighters Grant (AFG) Program in the amount Qf $400,000 with the City designating $100,000 in matching funds for a total of $500,000. Funding received through this grant will be used to purchase radio communication equipment that will enhance radio coverage for first responders. WHEREAS, The purpose of the (AFG) The purpose of the Assistance to Firefighters Grant (AFG) Program is to award one-year grants directly to fire departments of to enhance their abilities with respect to fire and fire-related hazards. Ultimately, the goal is for the (AFG) program to provide assistance to meet fire department's emergency response needs; and WHEREAS, the City Manager is authorized to apply for, accept, reject, alter or terminate this grant on behalf of the City of Laredo; and WHEREAS, this grant will fund the purchase of radio communication equipment that will increase current radio coverage in our response area; and WHEREAS, the City Council for the City of Laredo, Texas desires enhance current emergency services offered to the public by enhancing current radio communications capabilities NOW, THERERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAREDO THAT: Section 1: It authorizes the City Manager to accept a grant award from the Department of Homeland Security, Assistance to Firefighters Grant (AFG) Program in the amount of $400,000 with the City designating $100,000 in matching funds for a total of $500,000. Funding received through this grant will be used to purchase radio communication equipment that will enhance radio coverage for first responders. Section 2: It authorizes the City Manager to execute all necessary documents to obtain said grant and to effectuate its terms. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS ___ DAY OF 2009. RAUL G. SALINAS, MAYOR ATTEST: GUSTAVO GUEVARA, JR., CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO, IV CITY ATTORNEY BY it@. 1/,1. t!£4"; 04 J 06 J 2009 Authorizing the City Manager to submit a grant application in the estimated amount of $2,000,000.00 to the Office of Justice Programs, Bureau of Justice Assistance for the purpose of funding OJP's program on Combating Criminal Narcotics Activity Stemming from the Southern Border of the United States. This grant is funded under the Recovery Act State and Local Law Enforcement Assistance Program for the period of June 1, 2009 through May 31,2011. This funding will be used for equipment, supplies, and training for border security enhancement in police operations. INITIATED BY: STAFF SOURCE: Cynthia Collazo Carlos Maldonado Deputy City Manager Chief of Police PREVIOUS COUNCIL ACTION: NJA ACTION PROPOSED: That City COl.)ncil approves this Resolution BACKGROUND: The Bureau of Justice Assistance will be making awards to provide assistance to local law enforcement along the southern border to combat illegal criminal narcotics activity under The American Recovery and Reinvestment Act of 2009 which was signed into law by President Obama on February 17, 2009. This is an unprecedented effort to jumpstart our economy, create or save millions of jobs, and to put a down payment on addressing long-neglected challenges so our country can thrive in the 21 st century. The Act is an extraordinary response to a crisis unlike any since the Great Depression, and includes almost $2 billion in critical resources for state and local law enforcement and other criminal justice activities through the, Bureau of Justice Assistance. FINANCIAL: Fund #229 *Narcotics Grant: $2,000,000.00 City of Laredo $2, 000, 000. 00 *No local match required RECOMMENDATION: STAFF: Recommends that Council approve this resolution. RESOLUTION #2009-R-039 Authorizing the City Manager to submit a grant application in the estimated amount of $2,000,000.00 to the Office of Justice Programs, Bureau of Justice Assistance for the purpose of funding OJP's program on Combating Criminal Narcotics Activity Stemming from the Southern Border of the United States. This grant is funded under the Recovery Act State and Local Law Enforcement Assistance Program for the period of June 1, 2009 through May 31, 2011. This funding will be used for equipment, supplies, and training for border security enhancement in police operations. Whereas, the City Manager is authorized to apply for, accept, reject, alter or terminate this grant on behalf of the City of Laredo; and Whereas, the City of Laredo will apply for an estimated amount of $2,000,000.00 from the OJP for the Southern Border Narcotics Activity grant and it will be used by the Laredo Police Department for equipment, supplies, and training for border law enforcement enhancement; and Whereas, the City of Laredo has agreed that in the event of loss or misuse of the Office of Justice Programs funds, the City of Laredo assures that the funds will be returned to the Office of Justice Programs, Bureau of Justice Assistance in full; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: It authorizes the City Manager to apply for a Narcotics Activity Grant under the 2009 Federal Recovery Act in the estimated amount of $2,000,000.00 awarded by the Office of Justice Programs, Bureau of Justice Assistance. The grant is 100% funded and will not require a cash match. This funding will be used for equipment and supplies for law enforcement operations for the period of March 1, 2009 through February 28, 2013. Section 2: It authorizes the City Manager to execute all necessary documents to obtain said grant and to effectuate its terms. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ___ DAY OF , 2009. RAUL SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 04/0612009 Consideration to award contract number FY09-038 to the low bidder BWI Company, Schulenburg, Texas in the estimated amount of $70,142.50 for providing rye and Bermuda seeds, fertilizer and paper block for hydro seeding for the Parks and Leisure Services Department. The term of this contact will be for a period of six months and may be extended for an additional six month period upon mutual consent of both parties. All items will be purchased on an as need basis. Funding is available in the Parks and Recreation Leisure Department budget and construction projects. INITIATED BY: STAFF SOURCE: Jesus Olivares, Mike Pescador, Parks and Leisure Services Department Assistant City Manager Director Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City received five bids for the purchase of Bermuda and rye grass seeds, fertilizer and paper blocks. The contract vendor will be required to provide these items on an as need basis A complete bid tabulation is attached. As per all supply contracts, the intent of this contract is to secure a fixed cost for this commodity for the contract period. Company Name Total Bid BWI Companies, $70,142.50 Arellano Seeds $73,912.50 Curtis & Curtis Seeds $85,000.00 (incomplete bid) John Deere Landscapes $84,271.75 (alternative Bid) FINANCIAL IMPACT: The purpose of this contract is to establish prices for the commodities or services needed, should the City need to purchase these commodities or services. The City'S obligation for performance of a six month contract with an option to extend for an additional six month period. Funding is available in the following budgets: Parks and Leisure Department - Parks Maintenance, Botanical Funding is available in the departmental budgets. Account Number: 101-3115-552-1900 Account Number: 101-3130-552-1900 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be approved. Grass Seeds, Fertizer and Mulch FY09-038 BWI Companies, Inc. Arellano Seed Svc. Curtis & Curtis Seed Justin Seed Co. John Deere Landscapes Schulenburg, TX San Antonio, TX Clovisn NM Justin, TX San Antonio, Tx Item Description Est. Qty. UOM Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 1 Rye Seeds. 0% weed, 50 lb. sack 250 bags $ 18.00 $ 4,500.00 $ 21.50 $ 5.375.00 $ 70.00 $ 17,500.00 $ 23.80 $ 5.950.00 $ 24.00 $ 6,000.00 50 Ibs. sack 2 Bermuda seeds, common coated, 450 bags $ 138.40 $ 62.280.00 $ 132.50 $ 59,625.00 $ 150.00 $ 67.500.00 $ 135.75 $ 61.087.50 $ 155.00 $ 69.750.00 50 lb. sack 3 Fertilizer Weed & Feed. 150 bags $ 6.40 $ 960.00 $ 32.00 $ 4.800.00 $ $ $ $ $ 21.50 $ 3,225.00 Water Soluble. 19 Ibs. sack 501lb. sack 1823m 4 Fertilizer 21 7 14, 50 Ibs. sack 75 bags $ 15.50 $ 1.162.50 $ 13.50 $ 1.012.50 $ $ $ 22.33 $ 1.674.75 $ 17.49 $ 1,311.75 RIGIS 28-3-10 5 Fertilizer 12 12 12 Water Soluble. 80 bags $ 13.00 $ 1.040.00 $ 35.00 $ 2.800.00 $ $ $ $ $ 47.00 $ 3.760.00 50 lb. sack 14-14-14 20-20-20 Total Section I $ 69,942.50 $ 73,612.50 $ 85.000.00 $ 68,712.25 ~046.75 Section II 6 Paper Block for Mulching 25 bags $ 8.00 $ 200.00 12 $ 300.00 $ $ $ 14.40 $ 360.00 $ 9.00 $ 225.00 Pro-Mat, 50 Ibs. sack $ 200.00 $ 300.00 $ $ 360.00 --.! 225.00 Grand Total Section I and II $ 70,142.50 $ 73,912.50 $ 85,000.00 $ 69.072.25 $ 84.496.75 Terms Net 30 Net 30 Net 30 2% Net 10 Days Net 30 Incomplete Bid Incomplete Bid Alternative Bid COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 04/06/09 Consideration to award contract number FY09-044 awarded to the low bidders: 1) Al & Rob Sales, Laredo, Texas, in the estimated annual amount of $94,697.10 for the purchase of uniform trousers, and; 2) V F Imagewear, Inc., Nashville, TN. in the estimated amount of $81,986.90 for the purchase of uniform shirts for Police Department. All items will be purchased on an as-needed basis. Funds for this contract are available in the Police Department's budget. INITIATED BY: STAFF SOURCE: Cynthia Collazo, Deputy City Manager Carlos Maldonado, Chief of Police Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: BACKGROUND: The Police Department provides uniforms to their officers on a replacement program and an inventory of these uniforms is maintained by the department. It is recommended that a contract be awarded to Al & Rob Sales and to VF Imagewear for the purchase of these uniform shirts and trousers. The term of this contract is for a one year period with an option to renew for one additional year upon mutual consent of both the City and the contract vendors. The bid pricing reflects a 6% increase in cost for the trousers and a 3% increase in cost for the shirts. Bid Summary Trousers Bid Total Al & Rob Sales $ 94,697.10 Sterling Uniforms $140,048.70 Uniform Shirts V F Imagewear, Inc. $ 81,986.90 Safety & Security Int'l LLC $ 96,271.10 Sterling Uniforms $106,244.25 FINANCIAL IMPACT: The purpose of this contract is to establish prices for the commodities or services needed, should the City need to purchase these commodities or services. The City's obligation for performance of an annual supply contract beyond the current fiscal year is contingent upon the availability of appropriated funds from which payments for the contract purchases can be made. If no funds are appropriated and budgeted during the next fiscal year, this contract becomes null. and void. Funds are available in the Police Department's Clothing and Linen line item budget. CLOTHING & LINEN SUPPLY Account Number: 101-2366-522-0800 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That this contract is awarded to the low bidders. Laredo Police Department Uniform Bid FY09~044 Al & Rob Sales V F lmagewear, Inc. Safety & Security Int'l LLC Sterling's Unifonns Laredo, TX Nashville, TN Franklin, TN San Antonio, TX Est.Ot)". linit Cost Total Cost lluit Cost Tot .. l ('ost tinil ('OSI Total ('ost Unit ('ost Total ('ost Trousers Sizes 28 75 $ 64.95 $ 4,871.25 $ 93.85 7,038.75 29 75 $ 64.95 $ 4,871.25 $ $ $ 93.85 7,038.75 30 75 $ 64.95 $ 4,871.25 $ $ $ $ $ 93.85 $ 7,038.75 32 100 $ 64.95 $ 6,495.00 $ $ $ $ $ 93.85 $ 9,385.00 33 125 $ 64.95 $ 8,118.75 $ $ $ $ $ 93.85 $ 11,731.25 34 125 $ 64.95 $ 8,118.75 $ $ $ $ $ 93.85 $ 11,731.25 35 125 $ 64.95 $ 8,118.75 $ $ $ $ $ 93.85 $ 11,731.25 36 125 $ 64.95 $ 8,118.75 $ $ $ $ $ 93.85 $ 11,731.25 37 125 $ 64.95 $ 8,118.75 $ $ $ $ $ 93.85 $ 11,731.25 38 100 $ 64.95 $ 6,495.00 $ $ $ $ $ 93.85 $ 9,385.00 40 75 $ 64.95 $ 4,871.25 $ $ $ $ $ 93.85 $ 7,038.75 42 75 $ 64.95 $ 4,871.25 $ $ $ $ $ 93.85 $ 7,038.75 44 50 $ 64.95 $ 3,247.50 $ $ $ $ $ 102.65 $ 5,132.50 46 SO $ 64.95 $ 3,247.50 $ $ $ $ $ 102.65 $ 5,132.50 48 25 $ 64.95 $ 1,623.75 $ $ $ $ $ 102.65 $ 2,566.25 50 25 $ 64.95 $ 1,623.75 $ $ $ $ $ 102.65 $ 2,566.25 52 54 $ 64.95 $ 3,507.30 $ $ $ $ $ 111.40 $ 6,015.60 54 54 $ 64.95 $ 3,507.30 $ $ $ $ $ 111.40 $ 6,015.60 Grand Total on Trouser Section $ 94,697.10 No bid No bid $ 140,048.70 Short Sleeves Shirts-Sizes 14.5-17 600 $ $ $ 25.77 $ 15,462.00 $ 27.67 $ 16,602.00 $ 33.50 $ 20,100.00 17.5 150 $ $ $ 25.77 $ 3,865.50 $ 27.67 $ 4,150.50 $ 33.50 $ 5,025.00 18 100 $ $ $ 25.77 $ 2,577.00 $ 37.35 $ 3,735.00 $ 36.80 $ 3,680.00 18.5 150 $ $ $ 25.77 $ 3,865.50 $ 30.45 $ 4,567.50 $ 36.80 $ 5,520.00 19 100 $ $ $ 25.77 $ 2,577.00 $ 37.35 $ 3,735.00 $ 40.15 $ 4,015.00 19.5 100 $ $ $ 25.77 $ 2,577.00 $ 33.21 $ 3,321.00 $ 40.15 $ 4,015.00 20 100 $ $ $ 25.77 $ 2,577.00 $ 37.35 $ 3,735.00 $ 43.50 $ 4,350.00 20.5 100 $ $ $ 25.77 $ 2,577.00 $ 35.98 $ 3,598.00 $ 43.50 $ 4,350.00 Long Sleeve Shirts Sizes 14.5-17 625 $ 29.56 18,475.00 $ 32.12 $ 20,075.00 $ 38.85 $ 24,281.25 17.5 100 $ 29.56 2,956.00 $ 32.12 $ 3,212.00 $ 38.85 $ 3,885.00 18 100 $ $ 29.56 $ 2,956.00 $ 35.34 $ 3,534.00 $ 42.70 $ 4,270.00 18.5 125 $ $ $ 29.56 $ 3,695.00 $ 35.34 $ 4,417.50 $ 42.70 $ 5,337.50 19 50 $ $ $ 29.56 $ 1,478.00 $ 38.55 $ 1,927.50 $ 46.60 $ 2,330.00 19.5 50 $ $ 29.56 $ 1,478.00 $ 43.36 $ 2,168.00 52.40 $ 2,620.00 20 50 $ $ 29.56 $ 1,478.00 41.76 2,088.00 52.40 $ 2,620.00 20.5 50 $ $ 29.56 $ 1,478.00 43.36 2,168.00 52.40 $ 2,620.00 $ 70.072.00 83,034.00 $ 99,018.75 Women Shirts Sizes Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Small 60 $ $ $ 25.77 1,546.20 $ 27.67 $ 1,660.20 $ 33.45 $ 2,007.00 Medium 60 $ $ $ 25.77 1,546.20 $ 27.67 $ 1,660.20 $ 33.45 $ 2,007.00 Large 30 $ $ $ 25.77 773.10 $ 27.67 $ 830.10 33.45 $ 1,003.50 X-Large 30 $ $ $ 25.77 773.10 $ 30.45 $ 913.50 36.80 $ 1,104.00 XX-Large 30 $ $ $ 25.77 773.10 30.45 $ 913.50 36.80 $ 1,104.00 Long Sleeves Small 60 $ $ $ 29.56 1,773.60 $ 32.12 $ 1,927.20 $ 38.85 $ 2,331.00 Medium 60 $ $ $ 29.56 1,773.60 $ 32.12 $ 1,927.20 $ 38.85 $ 2,331.00 Large 40 $ $ $ 29.56 1.182.40 $ 32.12 $ 1,284.80 $ 38.85 $ 1,554.00 X-Large 30 $ $ $ 29.56 886.80 $ 35.34 $ 1,060.20 $ 42.70 $ 1,281.00 XX-Large 30 $ $ $ 29.56 88680 $ 35.34 $ 1,060.20 $ 42.70 $ 1,281.00 11,914.90 $ 13,237.10 $ 16,003.50 Gralld Total 011 Shirts Section No bid 81,986.90 96,271.10 106.244.25 COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 04/06/09 Consideration to renew contract FY08-047 currently awarded to RDO Equipment Co., Laredo, Texas, in the estimated amount of $75,000.00 for the purchase of original equipment manufacturer (OEM) John Deere heavy equipment parts and service for the Fleet Division. All parts and services will be secured on an as needed basis and funding is available in the Fleet Management budget. INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Rogelio Rivera, P.E., Engineering Department Director Antonio Lara, Fleet Division Manager Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: On March 24,2008, the City Council approved contract FY08-047 in the amount of $75,000.00 to RDO Equipment Co. BACKGROUND: This contract establishes a contract for the purchase of original equipment manufacturer parts, a labor rate for travel and repair service for John Deere equipment utilized by various city departments. This is the first of two extension periods. The vendor has agreed to and signed the contract renewal notice to extend the term of this contract for one additional year. Staff is recommending that this contract be renewed. RDO Equipment Co. Discount offered 5% Price Schedule Dealer List $ 80.00 - Shop Labor Rate $ 95.00 - Field Mileage Rate $ 3.00 per mile to/from FINANCIAL IMPACT: The purpose of this contract is to establish prices for the commodities or services needed, should the City need to purchase these commodities or services. The City's obligation for performance of an annual supply contract beyond the current fiscal year is contingent upon the availability of appropriated funds from which payments for the contract purchases can be made. If no funds are appropriated and budgeted during the next fiscal year, this contract becomes null and void. Funding for this service is available in the Fleet Maintenance budget. Account Number: 593-2810-533-2078 - Heavy Equipment Parts/Service Account Number: 593-2810-533-2071 - PartslBatteries COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be renewed. COUNCIL COMMUNICATION DATE: Subject: MOTIONS 02116/09 Consideration to renew contract number (FY08-036) currently awarded to: 1) CC Distributors, Corpus Christi, Texas, Primary Vendor 2) Patria Office Supply, Laredo, Texas, Secondary Vendor for providing general janitorial supplies to all city departments. This contract establishes discount percentage pricing for those janitorial supplies most commonly utilized by city departments. All items will be purchased on an as needed basis and funding will be secured from the user departments budgets. INITIATED BY: ST AFF SOURCE: Cynthia Collazo, Deputy City Manager Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: None. BACKGROUND: City Council authorized a contract for awarding an annual supply contract for janitorial supplies. The term of this contract was for a one year period with an option to extend for an additional one year term. All items will be purchased on an as needed basis. This contract establishes the fixed base for janitorial supplies most commonly utilized by city departments. Approximately, $200,000.00 is spent annually on janitorial supplies by all city departments. A primary and a secondary vendor will be contracted. Contract pricing for a total of fifty three items were compared and the primary and secondary vendor awards are based on this comparison. Primary Vendor Secondary Vendor CC Distributors Patria Office Supply Percentage Discount Fixed Pricing 40% discount from list (as per listed items on bid sheet) Fixed Pricing (as per listed items on bid sheet) FINANCIAL IMPACT: These janitorial supplies will be purchased for the various departments from their budgets and will be purchased as needed. The purpose of this contract is to establish prices for the commodities or services needed should the City need to purchase these commodities or services. The City's obligation for performance of an annual supply contract beyond the current fiscal year is contingent upon the availability of appropriated funds from which payments for the contract purchases can be made. If no funds are appropriated and budgeted during the next fiscal year, this contract becomes null and void. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that these contracts be approved. COUNCIL COMMUNICATION DATE: Subject: MOTIONS 4/06/09 Consideration to award a contract to the sole provider, McNeilus Truck and Manufacturing, Houston, Texas, in the amount of$262,780.84, for the refurbishing of thirteen refuse trucks. Extensive repairs are needed in order to maintain these units in operational condition. It is anticipated that these repairs will provide three to four years of additional operational use. Funding is available in the Fleet Management budget. INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Rogelio Rivera, P .E., City Engineer Oscar J. Medina, Solid Waste Division Manager Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: None. BACKGROUND: Extensive repairs are needed for thirteen automated refuse collection trucks in order to maintain these units in operational condition. McNeilus Truck and Manufacturing, Houston, Texas, is the authorized dealer for this equipment. Authorization is requested to proceed with the needed repairs to extend the life of this equipment by approximately three to four years. All labor, materials, and service are included in total price. FINANCIAL IMPACT: Funding for this service is available in the Fleet Maintenance budget. Department Line Item Expense Account Amount Fleet Management Heavy Equip Maintenance 593-2810-533-2078 $262,780.84 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract b.e approved. COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 04/06/09 Consideration to reject the sole bid submitted by South Western Environmental Equipment Technicians, Dallas, TX, in the amount of $123,500, for contract FY09-036; and authorize that new bids be solicited with revised bid specifications. The bid pricing for the purchase and installation of sludge pumps, parts, and accessories for the Zacate Creek Wastewater Treatment Plant exceeded the budgetary estimates. INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Tomas Rodriguez, P.E., Utilities Department Director Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: None. BACKGROUND: Bids were accepted for awarding a contract for the replacement of two deteriorated clarification sludge pumps and accessories at the Zacate Creek Wastewater Plant. The Utilities Department received one bid but the bid exceeded the budgetary estimates for this project. Staff is requesting authorization to proceed with soliciting bids with revised bid specifications. South Western Environmental Technicians Base Bid: $123,500.00 Dallas, TX FINANCIAL IMPACT: No financial impact at this time COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this action be approved. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 04-06-09 Approval of expenditures in the amount of $4,500 for students from the Sister Cities Youth Committee to travel San Miguel de Allende, Guanajuato, Mexico to participate in a Youth Committee Exchange. The program will serve as a catalyst for youth advancement through innovative and cross-cultural educational programs with our worldwide sister cities; provide an excellent opportunity for promoting the City of Laredo in the Mexico; and will serve to enhance Laredo's relationship with Mexico which is vital to Laredo's livelihood. Funds are available in the Sister Cities Youth Committee Account. City Council finds and declares that a valid public purpose will be served by this expenditure. INITIATED BY: STAFF SOURCE: Carlos Villarreal, City Manager Donna Magnon, Deputy IV Gustavo Guevara, Jr., City Secretary PREVIOUS COUNCIL ACTION: In 2005 the City Council established a City of Laredo Sister Cities Youth Exchange Program and approved the bylaws thereof. Students will have the opportunity to meet and talk to these ambassadors and have a discussion on any issues and at the same time they will be enjoying their students exchange program with the students of our sister city. The program will serve as a catalyst for youth advancement through innovative and cross-cultural educational programs anq with our worldwide sister cities. Last City Council action approved expenditures for students frolT! the Sister Cities Youth Committee to travel to San Antonio De Areco on August of 2008 tq participate in the Youth Exchange Program. . BACKGROUND: This is the third year for the Sister Cities Youth Committee to travel to San Miguel De Allende for cross cultural educational student exchange called Encuentro Intemacional de Convivencia y Hermandad Universal. A Release Form which holds the City of Laredo harmless has been approved by the Laredo City Attorney's Office. In addition to the release form, each student has signed a permission slip and code of conduct form which has also been approved by the City Attorney's Office. FINANCIAL IMPACT: Expenditures: $4,500.00 Account Number: 101-1700-513-5597 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Approval by Committee I Approval by Staff San Miguel De Allende May 13 - 17 2009 th Depart: May 13 @ 8 p.m. $15 x 16 = $240.00 May 14th $0 May 15th $0 May 16th $0 May 17th $30x16= $480.00 $720.00 Bus to San Miguel $2,300.00 Chaperones: J essika Reyes $236.00 Gustavo Guevara, Jr. $236.00 Rooms . $350.00 $350.00 $1,172.00 Total: $4,192.00 COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 4/6/09 Authorize the City Manager to amend the engineering services contract with Dannenbaum Engineering Company - McAllen, LLC in the amount of $247,500.00 for a new total amount of $7,941,312.66 for the additional engineering services in relation to the new 20 MGD Water Treatment Plant in northwest Laredo. Funding is available in the 2008 Utility Bond. INITIATED BY: STAFF SOURCE: Jesus M. Olivares, Assistant City Manager Tomas M. Rodriguez, Jr. P.E., Utilities Director PREVIOUS COUNCIL ACTION: On March 24, 2008 Council awarding an engineering services contract in the sum of $7,693,812.66 to Dannenbaum Engineering Company for the design, bidding, and construction, ofthe new 20 MGD Northwest Laredo Water Treatment Plant. BACKGROUND: Section V of the Contract, "Compensation and Payment" is revised to increase the lump sum for the base contract fee from $7,158,044.00 to $7,268,444.00, a total increase of $110,400.00, to perform additional special services for the development of bench scale treatability studies including raw water sampling and testing for the North Laredo Water Treatment Plant. These items include a bench scale treatability study of the Rio Grande water at the proposed site, three initial and final water sampling. Also, the lump sum fee for the "Supplemental Contract Fee is revised to increase the lump sum from $535,768.66 to $672,868.66, a total increase of$137,100.00 to perform additional special services for environmental engineering services for an additional 200 acres (not the entire ranch) within the Pico Ranch, as well as, additional environmental required by the Texas Historical Commission and additional topographic surveying. Original Contract: $7,693,812.66 Amendment No. 1: $ 247,500.00 Total $7,941,312.66 FINANCIAL IMPACT: Funding is available in the 2008 Utility Bond, Acct # 557-4185- 538-0376 (NW Laredo Water Plant). COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Operations Committee Approve Motion PROFESSIONAL SERVICES CONTRACT (2nd REV 02/23/09)(3rd REV 03/0S/09)(REV 03/09/09) STATE OF TEXAS COUNTY OF WEBB CITY OF LAREDO City of Laredo Water Utilities Department North Laredo Water Treatment Plant This Amendment No.1 to the Contract dated March 27, 2008 between the City of Laredo and Dannenbaum Engineering Company - McAllen, LLC for the North Laredo Water Treatment Plant hereinafter referred to as the "Contract" made and entered in Laredo, Webb County, Texas, between the City of Laredo, a Municipal Corporation in the State of Texas, hereinafter termed "City", and Dannenbaum Engineering Company - McAllen, LLC 1109 Nolana Loop, Suite 208 McAllen, Texas 78504 (956)682-3677 Office (956)686-1822 Fax Engineer(s) duly licensed, and practicing under the laws of the State of Texas, hereinafter termed "Consultant," Amendment No.1 to the said Contract being executed by the City pursuant to the City Charter and Ordinances and Resolutions of the City Council and by said Consultant for additional engineering services hereinafter set forth in connection with the above designated project for the City of Laredo. Amendment No. 1 is made pursuant to the terms and conditions of Section VI and Section IX of the Contract made by and between the City of Laredo (the "City") and Dannenbaum Engineering Company - McAllen, LLC (the Consultant"). WITNESSETH Whereas, the City and the Consultant executed the Contract on the 27th day of March, 2008 concerning engineering and related services for the North Laredo Water Treatment Plant within Webb County, Texas (hereinafter referred to as the "Project"); Whereas, Section II of the Contract, Basic Services and Attachment "A", Scope of Services and Engineering Fee' Summary, establishes the scope of work for the Project; and, Whereas, it has become necessary to amend Attachment "A" of the Contract to provide additional special services under the Base Contract Fee for engineering services regarding the development of bench scale treatability studies including raw water sampling and testing as outlined in Attachment "A" - Revised as per Amendment No.1 attached herein; and, Whereas, it has become necessary to amend Attachment "A" of the Contract to provide additional special services under the Supplemental Contract Fee for engineering services regarding additional environmental work for 200 acres (additional acreage in the Pico Ranch site required to cover new site layout) and additional City of Laredo - Public Utilities Department / Dannenbaum Engineering Company - McAllen, LLC Amendment No.1 to Professional Services Contract Page 1 of2 03/09/09 topographic surveying required to fill in the gaps due to dense vegetation as outlined in Attachment flAil - Revised as per Amendment No.1 attached herein; and, Now therefore, premises considered, the City and Consultant agree that said Contract is amended as follows: 1. Section V of the Contract, "Compensation and Payment" is revised to increase the lump sum for the Base Contract Fee from $7,158,044.00 to $7,268,444.00 a total increase of $110,400.00 to perform additional special services for the development of bench scale treatability studies including raw water sampling and testing for the North Laredo Water Treatment Plant. The lump sum fee for the Supplemental Contract Fee is revised to increase the lump sum from $535,768.66 to $672,868.66 a total increase of $137,100.00 to perform additional special services for environmental engineering services for an additional 200 acres (not the entire ranch) within the Pico Ranch, as well as, additional environmental required by the Texas Historical Commission and additional topographic surveying. Refer to Attachment flAil - Revised as per Supplemental Agreement No.1' included herein. In witness hereof, the Consultant and the City have caused this Amendment No.1 to the Contract to be effective as of the day of , 2009. CONSULTANT: DANNENBAUM ENGINEERING COMPANY - MCALLEN, LLC BY: ______Date: ____:J.::....r-/..::;6'-11-f-'1" ...... "lJ------r~~~~------I I CITY OF LAREDO, TEXAS BY: ______Date: ______Carlos Villarreal, City Manager ~. AnACHMENT(S): Attachment "A" - Revised as per Amendment No.1 M', S-<; I'~'b -: City of Laredo - Public Utilities Department / Dannenbaum Engineering Company - McAllen, LLC Amendment No.1 to Professional Services Contract Page 2 of2 03/09/09 COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration for approval of change order #1 to Price Construction, Ltd., Big Spring, 4/6/09 Texas; in the amount of$320,099.00 for the Chacon Creek Wastewater Interceptor Phase II. The change order is for additional work requested by the City Airport authorities; layers of rock encountered along the 30" sanitary sewer line and an update to the quantities of pipe laid at different depths. The contract time for the change order was extended for 150 calendar days. The new contract amount is $3,825,266.00 and the new contract time is 515 Calendar Days. Funding is available in the 1998-A Sewer Bond issue. INITIATED BY: STAFF SOURCE: Jesus M. Olivares, Assistant City Manager Tomas M. Rodriguez Jr., P.E., Utilities Director PREVIOUS COUNCIL ACTION: Rejection of bids submitted by Big Excavation Inc., Houston, Texas, and Holloman Corporation, Converse, Texas for the Chacon Creek Wastewater Interceptor Phase 2, due to bids being in excess of allocated budget on 9/4/07. On 5/5/2008 the City Council approved the construction contract to Price Construction. BACKGROUND: During the construction of this project the contractor has encountered layers of hard rock along the 30" sanitary sewer line and conflicts with the existing gas line at the airport property and at the Casa Blanca State Park. The Engineer requested to change the alignment ofthe 30" sanitary sewer line that created changes on the depths proposed on the original bids. This change order will pay the contractor for the hydro-mulch inside airport property as requested by the City of Laredo Airport authorities; for layers of rock that were encountered along the 30" sanitary sewer line, and the correct quantities of pipe laid at different depths. The Engineer and City Staff requested to stop the project until a new alignment is provided along Casa Blanca State Park and the acquisition of the easement at Jacaman's Property and Casa Blanca State Park gets acquired. Contract Amount Calendar Days Original Contract ...... $3,505,167.00 365 Change Order #1 ...... $ 320,099.00 150 Total $3,825,266.00 515 FINANCIAL IMPACT: Funding to pay for this contract exists in the 1998-A Sewer Bond issue Account #559-4275- 538-0216. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Operations Committee Approval of Motion. Agenda Item: _____ Page 1 of3 City of Laredo Construction Change Order Project: Chacon Creek Wastewater Interceptor Phase 2 Change Order No.1 Date: 03/1212009 Contractor: Price Construction, LTD 2701 E. Hwy 350 Big Spring, Texas 79721 You are hereby requested to comply with the following changes from the contract plans and specifications. This document shall become an Amendment to the Contract and all provisions of the Contract shall apply. S am't ary SStewer sys em Item Descriptions of Changes Decrease in Increase in No. Quantities, Units, Unit Prices Contract Price Contract Price 30-Inch Sanitary Sewer, Open Cut, 14 2 to 18-ft -0- $13,140.00 LF $180.00 30-Inch Sanitary Sewer, Open Cut, 18 3 to 22-ft $(48,070.00) -0- LF $190.00 30-Inch Sanitary Sewer, Open Cut, 22 4 to 26-ft -0- $46,560.00 LF $240.00 30-Inch Sanitary Sewer, Open Cut, 26 5 to 30-ft $(23,320.00) -0- LF $265.00 30-Inch Sanitary Sewer, Open Cut, 30 6 to 34-ft $(94,400.00) -0- LF $400.00 30-Inch Sanitary Sewer, Open Cut, 34 7 to 38-ft -0- $112,800.00 LF $600.00 30-Inch Sanitary Sewer, Open Cut over 38-ft -0- $97,500.00 LF $650.00 30-Inch Sanitary Sewer,(Liner or Steel 8 Casing), All Depth (Loop 20 Crossing @Airport) , -0- $11,800.00 LF $590.00 Agenda Item: _____ Page 2 of3 p aVlll2 . Saw Cut and Replace Asphalt 35 Pavement Surface Course and 8"- -0- $49,365.00 Caliche Flexible Base Course for Driveways SY $45.00 2-inch Hot Mix Asphalt Concrete 36 Surface Course (Street) $(5,600.00) -0- SY $40.00 Remove and Replace 10-inch Caliche 37 Base Surface Course $(14,170.00) -0- SY $10.00 Remove and Replace 2-Inch Gravel 38 Base Surface Course (Gravel Road) $(870.00) -0- SY $10.00 8-inch Caliche Flexible Base Course 39 Material $(7,910.00) -0- SY $35.00 6-inch Lime Stabilized Sub grade 40 SY $35.00 $(7,910.00) -0- Miscellaneous Remove and Dispose Trees 47 EA $10.00 -0- $20.00 Hydromulch 600,000sf airport property LS $100,000.00 -0- $100,000.00 Rock encountered along the project LS $100,000.00 -0- $100,000.00 Cash Allowance 51 Airport Security Clearance for the Contractor's Personnel and $(8,836.00) -0- Construction Equipment LS $10,000.00 Agenda Item: ____----:- Page 3 of3 Original Contract: $3,505,167.00 Original Contract Time: Working Days: 365 -0- Totals: Net Change: INCREASE $320,099.00 JUSTIFICATION: The change order is for additional work requested by the City Airport authorities; layers of rock encountered along SS Line "A" and "C", and an update to the quantities of pipe laid at different depths. From the date of the original survey to the date of construction; improvements along the sanitary sewer alignment resulted in changes ofthe existing grade. Additionally, the alignment was shifted to avoid the high pressure gas line, within the airport property. Contract Price including Contract time including Previous Change Orders: $3,505,167.00 Previous Change Orders:365 Calendar Days Net INCREASE resulting Net Increase From this change order no. $320,099.00 Resulting from this Change Order: JcP Current Contract Price Current Contract Time/ Including this Change Order: $ 3,825,266.00 Including Change Order:$'1S Calendar Days .----J Recommended by: Accepte~ 'r~ J mma~~~~ P. Sherfey, P.E. Price Const~~fiOn, LTD. !~ey Engineering Company, L.L.C. Date: O~· \ Q, '09, Date: __-'3!O.--...... =..'....><:.fYY1_+-- __ Recommended by: Approved by: Tomas Rodriguez, Jr. P.E. Carlos Villarreal. Utilities Department City Manager Date: ------Date: ------Approved ~ (u f-.o ~: Approved by: li£)~ fJ1 t~~ f!J1 Raul Casso Gustavo Guevara Jr. City Attorney City Secretary Date: ----=3'--fl----,=,d--,--=-Sr-J0=---t4-- Date: ------CHACON CREEK INTERCEPTOR PHASE~- 2- Qtyto be Amount to be Contract Quantity Unit Price Actual removed / added added/removed ITEM DESCRIPTION UNIT EST/QTY $ Qty from contract from Contract MOBILIZATION 1 Mobilization LS $1.00 $318,651.00 1.0 0 $0.00 SUBTOTAL MOBILIZATION SANITARY SEWER SYSTEM 2 30-lnch Sanitary Sewer, Open Cut, 14 to 18-ft LF 94 $ 180.00 167.0 73 $ 13,140.00 3 30-lnch Sanitary Sewer, Open Cut, 18 to 22-ft LF 1103 $ 190.00 850.0 -253 $ (48,070.00) 4 30-lnch Sanitary Sewer, Open Cut, 22 to 26-ft LF 1956 $ 240.00 2150.0 194 $ 46,560.00 5 30-lnch Sanitary Sewer, Open Cut, 26 to 30-ft LF 1388 $ 265.00 1300.0 -88 $ (23,320.00) 6 30-lnch Sanitary Sewer, Open Cut, 30 to 34-ft LF 1036 $ 400.00 800.0 -236 $ (94,400.00) 7 30-lnch Sanitary Sewer, Open Cut, 34 to 38-ft LF 562 $ 600.00 750.0 188 $ 112,800.00 30-lnch Sanitary Sewer, Open Cut, over 38-ft LF $ 650.00 150.0 150 $ 97,500.00 8 30-lnch Sanitary Sewer,(Liner or Steel Casing), All Dept LF 140 $ 590.00 160.0 20 $ 11,800.00 9 24-lnch Sanitary Sewer, Open Cut. 0 to 6-ft LF 324 $ 65.00 324.0 o $ - 10 24-lnch Sanitary Sewer, Open Cut, 6 to 10-ft LF 588 $ 75.00 588.0 o $ - 11 24-lnch Sanitary Sewer, Open Cut, 10 to 14-ft LF 356 $ 90.00 356.0 o $ - 12 24-lnch Sanitary Sewer, Open Cut, 14 to 18-ft LF 785 $ 115.00 785.0 o $ - 13 24-lnch Sanitary Sewer, Open Cut, 18 to 22-ft LF 658 $ 130.00 658.0 0.0 $ - 14 24-lnch Sanitary Sewer, Open Cut, 22 to 24-ft LF 52 $ 165.00 52.0 o $ - 15 24-lnch DIP Pressure Rated Pipe and Joints LF 250 $ 200.00 250.0 o $ - 16 21-lnch Sanitary Sewer, Open Cut, 0 to 6-ft LF 307 $ 55.00 307.0 o $ - 17 21-lnch Sanitary Sewer, Open Cut, 6 to 10-ft LF 2459 $ 60.00 2459.0 o $ - 18 21-lnch Sanitary Sewer, Open Cut, 10 to 14-ft LF 901 $ 65.00 901.0 o $ - 19 18-lnch Sanitary Sewer, Open Cut, 6 to 10-ft LF 607 $ 50.00 607.0 $ o - i 20 18-lnch Sanitary Sewer, Open Cut, 10 to 14-ft LF 521 $ 55.00 521.0 o $ - I 21 18-lnch Sanitary Sewer, Open Cut, 14 to 18-ft LF 253 $ 60.00 253.0 o $ - 22 18-lnch Sanitary Sewer, Open Cut, 18 to 22-ft LF 145 $ 65.00 145.0 o $ - 18-lnch Sanitary Sewer,(Liner or Steel Casing), All 23 Depth (Loop 20 Crossing @ Entertainment Center & LF 541 $ 390.00 541.0 o $ - 24 8-lnch Sanitary Sewer, Open Cut, 6 to 10-ft LF 314 $ 40.00 314.00 o $ - I 25 8-lnch Sanitary Sewer, Open Cut, 14 to 18-ft LF 18 $ 50.00 18.0 o $ - 26 8-lnch Sanitary Sewer, Open Cut, 18 to 22-ft LF 37 $ 60.00 37.0 o $ - I 27 8-lnch Sanitary Sewer,(Liner or Steel Casing), All Depth LF 56 $ 125.00 56.0 o $ - 28 6-Foot Diameter Sanitary Manhole, All Depths EA 5 $ 9,000.00 5.0 $ I o - $ 29 5-Foot Diameter Sanitary Manhole, All Depths EA 31 7,500.00 31.0 o $ - I I 30 Cut and Plug 8-lnch Sanitary Sewer Segment EA 2 $ 500.00 0.0 o $ - 31 Cut and Plug 2-lnch Force Main EA 2 $ 200.00 0.0 o $ - I 32 24" Plug @ end of construction EA o $ 500.00 1.0 o $ - SUBTOTAL SANITARY SEWER STORM SEWER SYSTEM ! 32 Remove and Replace 60-inch RCP Culvert (CL III) LF 72 $ 50.00 72.0 o $ - 33 Remove and Replace Concrete Apron and Headwall LS 1 $ 5,000.00 1.0 o $ - 34 Remove and Replace 5x2 Concrete Box Culvert LF 20 $ 50.00 20.0 o $ - SUBTOTAL STORM SEWER PAVING . . Course and 8"-Caliche Flexible Base Course for 35 Driveways SY 37 $ 45.00 1134.0 1097 $ 49,365.00 2-inch Hot Mix Asphalt Concrete Surface Course 36 (Street) SY 140 $ 40.00 0.0 -140 $ (5,600.00) 37 Remove and Replace 10-inch Caliche Base Surface Co SY 1417 $ 10.00 0.0 -1417 $ (14,170.00) 38 Remove and Replace 2-lnch Gravel Base Surface Cour SY 87 $ 10.00 0.0 -87 $ (870.00) 39 8-inch Caliche Flexible Base Course Material SY 226 $ 35.00 0.0 -226 $ (7,910.00) 40 6-inch Lime Stabilized Subgrade SY 226 $ 35.00 0.0 -226 $ (7,910.00) SUBTOTAL PAVING MISCELLANEOUS 41 Installation and Maintenance of Traffic Control Devices LS 1 $ 2,500.00 1.0 o $ - 42 Flagmen LS 1 $ 10.00 1.0 o $ - 43 Remove and Replace Fence and Gate LF 120 $ 40.00 120.0 o $ - 44 Ground Water Control LS 1 $ 10.00 1.0 o $ - 45 Trench Safety System LF 14576 $ 2.00 14576.0 o $ - 46 Erosion and Sedimentation Controls (Reinforced Filter F LF 2414 $ 6.00 2414.0 o $ - 47 Remove and Dispose Trees EA 2 $ 10.00 4.0 2 $ 20.00 48 Re-vegetate Disturbed Areas (TXDOT ROW Only) LS 1 $ 300.00 1.0 o $ - 49 4-ft Temporary Construction Fence LF 4800 $ 6.00 4800.0 o $ - Hydromulch 600,000sf (airport) water included LS $ 100,000.00 1.0 1 $ 100,000.00 Rock encountered along project LS 1 $ 100,000.00 1.0 1 $ 100,000.00 SUBTOTAL MISCELLANEOUS CASH ALLOWANCE -0.88 $ (8,836.00) 1 Airport Security Clearance for the Contractor's PersonnE LS 1 $ 10,000.00 I SUBTOTAL CASH ALLOWANCE - CHANGE ORDER AMOUNT: $ 320,099.00 Page 1 of2 CHACON CREEK INTERCEPTOR PHASE 2 ORIGINAL CONTRACT AMOUNT = $ 3,505,167.00 CHANGE ORDER AMOUNT = $ 320,099.00 NEW CONTRACT AMOUNT = $ 3,825,266.00 TOTAL WORK TO DATE= $ 3,276,084.67 MATERIALS ON HAND = $ 203,470.51 LESS 5% RETAINAGE= $ 173,977.76 PREVIOUS PAYMENTS = $ 2,914,121.75 AMOUNT DUE = $ 361,962.92 • Paqe 2of2 COUNCIL COMMUN'ICATION DATE: SUBJECT: MOTION Amending the contract to Crane Engineering Corporation in the amount of 4/6/09 $47,275.45 to include additional basic engineering services for the redesign of Old Milwaukee Center Road, and the reproduction of plans and specification for Work Order #3 and special services for litigation for Tanquecitos 1. This amendment is subject to the Texas Water Development Board Approval. The amendment brings the total contract amount to $507,792.73. Funding is available in the Colontas PrOtect Fund. INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Tomas M. Rodriguez Jr., P.E. Utilities Director PREVIOUS COUNCn., ACTION: Contract was awarded to Crane Engineering on April 2, 2001; Amendment No.1 was approved by the City Council on Apri115, 2002; amendment No.2 approved by City Council on August 4, 2003. Amendment No. 3 was approved by the City Council on December 20, 2004, Amendment No.4 was approved by City Council on September 18, 2006: Amendment NO.5 was approved by City Council on March 10, 2008. BACKGROUND: This amendment No.6 include additional basic engineering services for the redesign of Old Milwaukee Center Road, and the reproduction of plans and specification for Work Order #3 and special services for litigation for Tanquecitos 1. The basic engineering services will be conducted by Crane Engineering Corporation, Laredo, Texas. Original engineering contract amount...... $ 151,500.00 Amendment No.1 ...... "...... flo ...... $ 8,645.34 Amendment No.2 ...... $ 30,306.00 Amendment No.3 ...... $ 113,109.40 Amendment No.4 ...... $ 152,956.54 Amendment No.5 ...... $ 4,000.00 Amendment No. 6 ...... $ 47,275.45 Total contract amount...... $ 507,792.73 FINANCIAL IMPACT: Funds are available in the Coloruas Project Fund - Engineer Fees Acct. # 451-8310-533-5512. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Operations Committee. To Approve Motion Crane Engineering Corporation Edward D. Garza, P.E. Civil- Public Works - Land Development President Planning - Management D March 12,2009 Mr. Tomas M. Rodriguez, Jr., P.E. .- • ~~'I Utilities Director City of Laredo 5816 Daugherty ,.:0~'~L~§LY-',\ '\'\ Laredo, Texas 78041 '. \; \ VI~J\' 3 'l.OOO f '\. \ "\ ',c r .' -----fy,':' .. ,:;~;: . \~ RE: Request for Additional Compensation for City of Ld.redd _,:-:-,,~,---,~:,-- ", c,;',. .' .j \ ,_.". ," . - EDAP Project - TX HWY 359 Work Order No.4; : r ... ' ..... - ... Amendment No.6 Dear Mr. Rodriguez: In accordance with Section A-6a, Changes, of our Agreement for Engineering Services dated May 8, 2001, we request additional compensation for Additional Engineering Services included in Work Order No.4, TX HWY 359 Water Transmission Line, as requested by the City of Laredo. The Additional Engineering Services is for Basic Engineering associated with the redesign of Old Milwaukee and expense reimbursement for reproduction costs associated with Work Order #3 plans and specifications prepared by HNTB and for expenses incurred as a result of the litigation between the City of Laredo and J. Solis Maintenance. The Additional Engineering Services for this work is described in Section C of the Agreement for Engineering Services. We request an amendment of $47,275.45 on a cost plus fixed fee method. The attached CWTAP forms show the cost summary for the additional scope ofwork. The contract amount for Work Order No.4, TX HWY 359 Water Transmission Line, including the original contract amount, previously approved and pending amendments and the additional compensation described above is $507,792.73. Compensation for the Scope of Services will be as provided in Section A-8e, Compensation and Payment, of our Agreement. Including the amount for additional engineering services, the total compensation will be a cost plus fixed fee of $507,792.73 as described on the following page. 5810 San Bernardo Avenue, Suite 380 Laredo, Texas 78041 (956) 712-1996 Fax(956) 712-2378 Amendment No.6 Page 2 of2 Basic Engineering Services $ 97,260.00 (original amount) Geotechnical Engineering $ 9,240.00 (original amount) Design Surveys $ 45,000.00 (original amount) Additional Easement Surveys $ 8,645.34 (Amendment No.1) Additional Basic Engineering and Easement Services $ 30,306.00 (Amendment No.2) Additional ~asic Engineering and Easement Services $113,109.40 (Amendment No.3) Additional Basic Engineering & Plan Reproduction for Rebid for Tanquecitos I and Construction Phase Services for Work Order No.3 $152,956.54 (Amendment No.4) Additional Basic Engineering and Surveying Services for Tanquecitos I Sewer Line Deficiencies $ 4,000.00 (Amendment No.5) Additional Basic Engineering for Redesign of Old Milwaukee and Expense Reimbursements for Plan & Specs Reproduction for W.O. #3 and litigation $ 47.275.45 (Amendment No.6) Total $507.792.73 (revised contract total) Please indicate your authorization to perform these additional services by signing in the space provided and return one of the three of the originally signed documents to Crane Engineering Corporation for our files. We appreciate the opportunity to be of service to the City of Laredo. Respectfully yours, ACCEPTANCE: CITY OF LAREDO, TEXAS BY: ______./ Edward D. Garza, P. E. Carlos Villarreal, City Manager Project Engineer DATE: ______ ATTEST: ATTEST: B~£2cf~ By: ______Gustavo Guevara, City Secretary APPROVED AS TO FORM: By:.....:~~:,c..s.:=-=------~ Raul Casso, City Attorney 5810 San Bernardo Avenue, Suite 380 Laredo, Texas 78041 (956) 712-1996 Fax(956) 712-2378 3. NAME OF CONTRACTOR OR SUBCONTRACTOR Crane Engineering Corporation 3. DATE OF PROPOSAL March 10, 2009 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include Zip Code) 6 TYPE OF SERVICE TO BE FURNISHED Engineering - Redesign and Construction Phase 5810 San Bernardo, Suite 380 , Laredo, Texas 78041 Services - Colonia Old Milwaukee TELEPHONE NUMBER (Include Area Code) (956) 712-1996 B. Reproduction of Specifications Manual (25 manuals) 13. COMPETITOR'S CATALOG LISTINGS, INHOUSE ESTIMATES, PRICE QUOTES 14a. HAS A FEDERAL OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL ASSISTANCE AGREEMENT OR CONTRACT? o YES ~ NO (If "YES", give date of review, nmne, address and telephone number of reviewing office.) See attached details on indirect cost and labor rate calculations. 14b. THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES: 48 CFR Part 31 14c. TillS PROPOSAL IS SUBMmED FOR USE IN CONNECTION WITH AND IN RESPONSE TO: (1) City of Laredo EDAP Project- SH 359 Planning Area Redesign of Water Distribution and Wastewater Collection for Colonia Old Milwaukee This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are (2) Date complete, current, and accurate as of: 03/10/09 I further certify that a financial management capability exists to fully and accurately account for the financial transactions under this project. I further certify that I understand that the subagreement price may be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been determined, as a result of audit, not to have been complete, current, and accurate as of the date above. (3) Title of Proposer Date of Execution President 03/10/09 I certify that I have reviewed the cost/price summary set forth herein and the proposed r(w""nrwp acceptable for the subagreement award. Title of Reviewer Signature of Reviewer Date of Execution COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Authorizing the City Manager to award a professional services contract in the 04/06109 sum of $1,354,000.00 to Gilpin Engineering Company for the design, bidding and construction services of .the Manadas Creek 3 MOD Wastewater Treatment Plant located on Mines Road. Funding is available in the 2008 Utility Bond. INITIATED BY: STAFF SOURCE: Jesus M. Olivares Asst. City Manager Tomas M. Rodriguez Jr., P.E. Utilities Director PREVIOUS COUNCIL ACTION: None BACKGROUND: This project consists on a new 3 MGD WWTP to serve the Mines Road Area and alleviate the Zacate Creek Wastewater Treatment Plant. The Basic services fee in this contract is $ 1,354,000.00 that includes the following; Preliminary Engineering Study, Acquisition, Permitting, Site Study, Design, Bid/Construction, Project Completion. Additional Services in this contract include the following: Permitting, Historical and Archeological Assessment, Boundary Survey, Access and Utility Easement, Existing Site Conditions Survey, Construction Staking of Plant Site. Not included are: Geotechnical Investigation, Construction Materials Testing, Environmental Studies, Contested Permit Services, Floodplain Development Permit, Army Corps of Engineers Permit, Historical & Archeological Investigation (excavation), Platting Services, Access Roadway Design and Staking, Administrative Building Design and Staking, Gravity Main Extension, Force Main Extension. FINANCIAL IMPACT: Funding is available in the 2008 Utility Bond, Account. # 559-4282-538-0381 (MANADAS CREEKWWTP) COMMITEE RECOMENDATION' STAFF RECOMMENDATION: Operations Committee Approval of Motion PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS Agenda Item: #xx (xxxxxx) COUNTY OF WEBB ~ 5sq- 4282..- 5'05- 03'0\ CITY OF LAREDO Contract to Provide Professional Services for the Study, Acquisition, Permitting, Design, Bid, Construction and Completion Phases of the Manadas Creek Sanitary Sewer Treatment Plant This Contract made and entered into in Laredo, Webb County, Texas between the City of Laredo, a Municipal Corporation in the State of Texas, hereinafter termed "City", and Gilpin Engineering Company 101 "Vest Hillside Road, Suite No.8 Laredo, Texas 78041 (956) 763-2210 Engineer(s) duly licensed, and practicing under the laws of the State of Texas, hereinafter termed "Consultant," said Contract being executed by the City pursuant to the City Charter and Ordinances and Resolutions of the City Council and by said Consultant for engineering services hereinafter set forth in connection with the above designated project for the City of Laredo. I General Requirements: The Consultant shall NOT commence work on this proposed Project until he has been thoroughly briefed on the scope of this Project and has been notified in writing to proceed. The Consultant, in consideration for the compensation herein provided, shall render the following professional services contract necessary for the development of the Project to final completion, including designs, reports, and special and general conditions or instructions, as acceptable to the City Engineer, or his duly authorized representative, subject to other provisions of this Contract. The Consultant shall be represented by a registered professional engineer licensed to practice in the State of Texas at all review meetings of any official nature concerning the Project, including but not limited to scope of services meetings, staff review meetings, and meetings for acceptance of the project, and for permits subject to the approval of municipal, State, and federal agencies, where applicable. All documents submitted for review shall bear the seal of a registered professional engineer. II Basic Services: The Consultant shall perform his obligations and Basic Services necessary for the development of the project as described, but not limited to, Attachment "A", Scope of Services. The Scope of Services provides a description of all tasks required to perform the Engineering Contract Page 10f20 The Consultant shall not be liable or responsible for, and those shall be excluded from the computation of the aforesaid period of time, any delays due to strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws, or regulations, or any other causes beyond the Consultant's reasonable control. Within thirty (30) days from the occurrence of any event for which time for performance by Consultant should be significantly extended under this provision, Consultant may give written notice thereof to the City stating the reason for such extension and the actual or estimated time thereof. This contract shall remain in force for a period which may reasonably be required for the completion of the project, including any extra work and required extensions thereto, unless discontinued as provided for elsewhere in this contract. The Consultant shall furnish upon completion of the work herein described in the "Scope of Services" twenty-five (25) sets of plans and specifications of the project for distribution by the City of Laredo. V Compensation and Payment: The City shall pay Consultant for the performance of services as out-lined in this Contract, a fee of $1,354,000 (one million, three hundred and fifty-four thousand dollars) as set forth in Attachment "C" for all of the Consultant's personnel engaged on the work, plus reimbursable expenses. Said fee will include payroll costs and direct non-labor expenses. Monthly billings on duly certified work, which is work certified for payment to employer and principles, and expenses evidenced by invoices for work performed during the preceding four week accounting period will be submitted to the Owner during the course of the project. Compensation for additional services which may be required of the Consultant shall be paid as a lump sum amount agreed to through renegotiation if the Scope of Services described in the original contract is changed. See Attachment "D" Compensation for Additional Professional Services. The additional services hourly billing rates shall be in accordance with billing schedule in Exhibit 1. Reimbursable expenses shall include costs for travel, subsistence, telephone, reproduction of reports and exhibits, computer time charges, and miscellaneous expenses directly related to the project. Once a month, the Consultant shall submit to the City a Partial Request for Payment filled out and signed by the Consultant covering the work completed as of the date of the Partial Request for Payment, and accompanied by such supporting documentation as is required by the Contract documents. Final payment shall be one payment equal to the total fee for the Completion Phase as set out in Attachment "C" Compensation for Professional Services Related to Basic Contract, which payment is to be made by the City to the Consultant upon submission of all completion of project documentation, and one set of "As-Built" reproducibles, and acceptance of the project. Engineering Contract Page 30f20 D. Procedures Consultant to follow upon receipt of Notice of Termination if issued by the City: Upon receipt of a notice of termination and prior to the effective date of the termination, the Consultant shall, unless the notice otherwise directs, immediately begin the phase-out and discontinue all services in connection with the performance of this Contract and shall proceed to promptly cancel all existing orders and contracts insofar as such orders and contracts are chargeable to this Contract. Within thirty (30) days after receipt of the notice of termination, the Consultant shall submit a statement, showing in detail the services performed under this Contract prior to the effective date oftermination. Copies of all completed or partially completed specifications and reproducibles of all completed or partially completed design and plans prepared under this Contract prior to the effective date of termination shall be delivered to the City as a pre-condition to final payment. These documents shall be subject to the restrictions and conditions set forth in VII above. Upon the above conditions having been met, the City shall promptly pay the Consultant that proportion of the prescribed fee which the services actually performed under this Contract bear to the total services called for under this Contract less previous payments of the fee. Failure by the Consultant to comply with the submittal of the statement and documents as required above shall constitute a waiver by the Consultant of any and all rights or claims to collect monies that Consultant may rightfully be entitled to for services performed under this Contract. E. Procedures Consultant to follow upon receipt of Notice of Suspension if issued by the City: 1. Upon receipt of a notice of suspension and prior to the effective date of the suspension, the Consultant shall, unless the notice otherwise directs, immediately begin to phase-out and discontinue all services in connection with the performance of this Contract and shall proceed to promptly cancel all existing orders and contract insofar as such orders and contracts are chargeable to this Contract. Consultant shall prepare a statement showing in detail the services performed under this Contract prior to the effective date of suspension. Copies of all completed or partially completed designs, plans and specifications prepared under this Contract prior to the effective date of suspension shall be prepared for possible delivery to the City but shall be retained by the Consultant until such time as Consultant may exercise the right to terminate. Engineering Contract Page 50[20 IX Changes in Scope of Services: The City may, from time to time, request changes in the Scope of Services to be performed by the Consultant hereunder and if such changes are agreed to by the Consultant, they shall be included as written amendments to this contract. X Subletting or Assigning of Contract: The City does not allow, permit, negotiate, authorize nor approve any assignment of contract proceeds between the City, the Consultant, and/or with a bank, lending institution or any type of financial institution either before, during or after a contract award. The City agrees to pay the Consultant for specified services as stated in the agreed contract. The City does not agree to pay any additional party either jointly or separately for the contract. XI Consultant's Responsibility & Liability: Acceptance and approval of the final plans by the City Engineer shall not constitute nor be deemed a release of the responsibility. and liability of the Consultant for the accuracy and competency of his designs, working drawings, specifications, or other documents and work performed under this contract. No approval or acceptance by or on behalf of the City shall be deemed to be an assumption of such responsibility by the City for any defect, error, or omission in the said designs, working drawings, specifications or other documents as prepared by the Consultant. The Consultant further agrees to perform any re-designs, required as a result of the Consultant's development of the designs, plans, specifications, or documents which are found to be in error. Re-designs required or occasioned after completion and acceptance by Owner of the Design Phase, for the convenience of the City shall be paid for as provided and prescribed hereinafter under Additional Services of the Consultant. XII Indemnification: Consultant shall and does hereby agree to indemnify and hold harmless the City from any and all damages, loss or liability of any kind, whatsoever, by reason of injury to third person occasioned by any negligent act, error, or omission of Consultant, its officers, agents, employees, or other persons for whom Consultant is legally liable, in rendering or failing to render professional services with regard to the performance of this Contract. The Consultant will at own cost and expense defend and protect the City against any and all such claims and demands. The Consultant's liability to the City under this provision shall in no event exceed the amount of the total compensation received by the Consultant for services hereunder. Engineering Contract Page 70f20 XVIII Entire Contract: This Contract represents the entire and integrated Contract between the City and the Consultant and supersedes all prior negotiations, representations, or Contracts, either oral or written. This Contract may be amended only by written instrument signed by both the City and Consultant. IN WITNESS WHEREOF, the City of Laredo has lawfully caused those presents to be executed by the hand of the City Manager of said City, and the corporate seal of said City to be hereunto affixed and this instrument to be attested by the City Secretary, and this Consultant, acting by the hand of.______Thereunto authorized------does now sign, executed and deliver this document. DONE AT LAREDO, TEXAS, on this __ day of ____ 2009. Consultant ATTEST: Robert J. Gilpin, Principal Engineer Gilpin Engineering Company ATTEST: CITY OF LAREDO GUSTAVO GUEVARA, JR., CARLOS VILLAREAL City Secretary City Manager Date: ------Date: ------ Engineering Contract Page 90f20 ATTACHMENT "A" SCOPE OF SERVICES - Page 1 of 4 Project: Contract to Provide Professional Services for the Study, Acquisition, Permitting, Design, Bid, Construction and Completion Phases of the lVlanadas Creek Sanitary Sewer Treatment Plant A. Preliminary Engineering Study Phase: During this phase of the project, the Consultant shall: a. Attend a project kickoff meeting to discuss the project goals, schedule, and project objectives. The consultant shall also introduce key team members to City Staff. b. Define service area and prepare a Preliminary Engineering Report summarizing alternatives, including estimates of probable construction costs, as well as related engineering costs. Prior to finalizing the study, the consultant shall prepare a draft of the report for the City to review. In addition, the consultant shall present results of the Preliminary Engineering Report in a workshop with City and Operations staff to receive concurrence that improvements are acceptable to the Owner. It is anticipated that the major areas of study shall include the following: 1. Evaluate topography, locations of existing underground utilities and other appropriate factors in order to determine a feasible site. iL Identify and define existing sewer collection systems in the service area. 111. Determine options for connecting existing collection systems to new plant. iv. Determine anticipated influent characteristics. v. Determine current average and peak flows for facility at start-up. vi. Determine future average and peak flows through ultimate build-out of service area. vii. Present treatment process recommendation. viii. Present sludge pumping station recommendation. ix. Present odor control recommendation. x. Provide preliminary site lay-out recommendation. xi. Provide preliminary construction estimate update. c. Once the consultant has received review comments to the draft study, the consultant shall incorporate City's comments into the final study and identify alternative preferred by the City. d. Respondent shall assist City with Public Meeting/Hearings to fulfill local and state requirements. B. Acquisition Phase: During this phase of the project, the Consultant shall: a. Provide boundary survey and related legal descriptions for acquisition. b. Determine platting needs and achieve concurrence from appropriate City Departments. Engineering Contract Page I1of20 ATTACHMENT "A" SCOPE OF SERVICES - Page 3 of 4 E. Design Phase: During this phase of the project, the Consultant shall: a. Design and prepare Contract Documents for bid for a new facility capable of providing primary and secondary treatment of a 3.0 MOD annual average flow and a peak flow of3Q (9.0 MOD) utilizing treatment methodologies already approved by the City of Laredo for the North Laredo Wastewater Treatment Plant. It is understood that sludge treatment facilities will not be required and that sludge hauling capabilities are to be included. b. Meet with the City at the following milestones to discuss the progress of the Contract Documents: 50 percent complete, 70 percent complete, and 90 percent complete. At the 70 percent and 90 percent milestones, the Consultant shall provide the City half-sized drawings and draft specifications for review. The City will provide written comments to the Consultant to incorporate into the subsequent design milestones. At each milestone, the Consultant shall provide an estimate of probable construction cost for the City's review. c. Upon completion of the Contract Documents, the Consultant shall provide 25 sets of Contract Documents for bid and ..Q.. sets of Contract Documents for permitting and funding as required by the City. The City will advertise the project. F. Additional Services: a. Permitting INCLUDED b. Historical and Archeological Assessment INCLUDED c. Boundary Survey (1 each) INCLUDED d. Access and Utility Easement (3 each) INCLUDED e. Existing Site Conditions Survey INCLUDED f. Construction Staking of Plant Site INCLUDED g. Geotechnical Investigation TO BE DETERMINED h. Construction Materials Testing TO BE DETERMINED i. Environmental Studies TO BE DETERMINED j. Contested Permit Services TO BE DETERMINED k. Floodplain Development Permit TO BE DETERMINED 1. Army Corps of Engineers Permit TO BE DETERMINED ffi. Historical and Archeological Investigation (Excavation) TO BE DETERMINED n. Platting Services TO BE DETERMINED o. Access Roadway Design and Staking TO BE DETERMINED p. Administrative Building Design and Staking TO BE DETERMINED q. Gravity Main Extension TO BE DETERMINED r. Force Main Extension TO BE DETERMINED Note: Additional services include but are not limited to the items listed above. Engineering Contract Page 13 of20 ATTACHMENT "B" PRODUCTION SCHEDULE Page 1 of 1 Project: Contract to Provide Professional Services for the Study, Acquisition, Permitting, Design, Bid, Construction and Completion Phases of the l\tlanadas Creek Sanitary Sewer Treatment Plant The Consultant contracts and agrees to complete the various phases of work under Section 1 of this contract in accordance with the schedule set forth as follows: A. PRELIMINARY ENGINEERING STUDY PHASE: The Consultant shall commence work upon written authorization from the CITY to proceed with this phase of work as described in Attachment "A", Paragraph "A" and agrees to complete all work required in: 180 CALENDAR DAYS B. ACQUISITION PHASE: The Consultant shall commence work upon written authorization from the CITY to proceed with this phase of work as described in Attachment "A", Paragraph "B" and agrees to complete all work required: 60 CALENDAR DAYS C. PERMITTING PHASE: The Consultant shall commence work upon written authorization from the CITY to proceed with this phase of work as described in Attachment "A", Paragraph "C" and agrees to complete all work required: 60 CALENDAR DAYS D. SITE PHASE: The Consultant shall commence work upon written authorization from the CITY to proceed with this phase of work as described in Attachment "A", Paragraph "D" and agrees to complete all work required: 60 CALENDAR DAYS E. DESIGN PHASE: The Consultant shall commence work upon written authorization from the CITY to proceed with this phase of work as described in Attachment "A", Paragraph "E" and agrees to complete all work required in: 210 CALENDAR DAYS F. ADDITIONAL SERVICES: The Consultant shall commence work upon written authorization from the CITY to proceed with this phase of work as described in Attachment "A", Paragraph "F" and agrees to complete all work required in: TO BE DETERMINED G. BID/CONSTRUCTION PHASE: The Consultant shall commence work upon written authorization from the CITY to proceed with this phase of work as described in Attachment "A", Paragraph "G" and agrees to complete all work required in: 60 CALENDAR DA YS Engineering Contract Page 150f20 ATTACHMENT "C" COMPENSATION FOR PROFESSIONAL SERVICES RELATED TO BASIC CONTRACT Page 1 of2 Project: Contract to Provide Professional Services for the Study, Acquisition, Permitting, Design, Bid, Construction and Completion Phases of the lVIanadas Creek Sanitary Sewer Treatment Plant 1. The fees established for this project consist of a Preliminary Engineering Phase (13.3% of total fee), an Acquisition Phase (1.5% of total fee), a Permitting Phase (2.7% of total fee), a Site Study Phase (1.5% of total fee), a Design Phase (64.4% of total fee), a Bid/Construction Phase (9.3% of total fee) and a Completion Phase (7.3% of total fee). The fees established are based on a new facility capable of providing'primary and secondary treatment of a 3.0 MGD annual average flow and a peak flow of 3Q (9.0 MGD) utilizing treatment methodologies already approved by the City of Laredo for the North Laredo Wastewater Treatment Plant. It is understood that sludge treatment facilities will not be required and that sludge hauling capabilities are to be included. The Design Phase, Bid/Construction Phase and Completion Phase fees may need to be modified based on the estimated construction costs contained in the Site Study Phase. 2. For the purpose of establishing portion of the basic fee for separate phases, the following percentage allocations of fee shall apply: 3. Phase Percent of Total Fee Preliminary Engineering 13.3% of One Million Eight-Hundred Thousand Dollars ($180,000) Acquisition Phase 1.5% of One Million Eight-Hundred Thousand Dollars ($20,000) Permitting Phase 2.7% of One Million Eight-Hundred Thousand Dollars ($36,000) Site Study Phase 1.5% of One Million Eight-Hundred Thousand Dollars ($20,000) Design Phase 64.4% of One Million Eight-Hundred Thousand Dollars ($872,000) Additional Service Phase 0.0% TO BE DETERMINED DEPENDING ON ADDITIONAL SERVICES SELECTED Bid/Construction Phase 9.3% of One Million Eight-Hundred Thousand Dollars ($126,000) Completion Phase 7.3% of One Million Eight-Hundred Thousand Dollars ($100,000) Engineering Contract Page 170f20 ATTACHMENT "D" COMPENSATION FOR ADDITIONAL PROFESSIONAL SERVICES Page 1 of2 Project: Contract to Provide Professional Services for the Study, Acquisition, Permitting, Design, Bid, Construction and Completion Phases of the Manadas Creek Sanitary Sewer Treatment Plant The fee described in Section V of this contract for this project shall provide compensation to the Consultant for all services called for under this Agreement to be performed by him or under his direction except the services as set forth below. These additional services and the compensation to be paid by the City to the Consultant for their performance when authorized in writing by the City Engineer are set forth as follows: 1. Assistance to the City as an expert witness in any litigation with third parties, arising from the development or construction of the project including the preparation of engineering data and reports. The Basis of Compensation for the following Additional Services shall be: A. Negotiated hourly rate for testimony of prinCipies. B. Salary cost times a multiplier of 2.5 for services other than testimony of principles. C. Reimbursement for non-labor expense and subcontract expense at invoice cost plus a 10% service charge. The basis of compensation for the following additional services shall be based on an amount renegotiated (fixed fee) through an agreement with the City. 2. Re-staking all destroyed hubs and checking alignment of existing hubs. Elevations of all hubs shall be re-established. Re-staking shall be done as required, and a cut sheet based on such re-stake shall be prepared. 3. Preparation of all applications and supporting documents for governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact ofthe Project. 4. Revising previously accepted studies, reports, design documents, or Contract Documents when such revisions are due to causes beyond Consultant's control. Engineering Contract Page 190f20 COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Authorizing the City Manager to award a construction contract to the lowest bidder 4/06/09 Qro mex Construction, Po Box 2608 Granite Shoals' in the amount of $2,337,569.50 for the construction of SH359 Work Order #2 Water Distribution and Wastewater Collection for Pueblo Nuevo Improvements Project, subject to the approval ofthe TWDB. The Pueblo Nuevo-Wastewater Collection and Water Distribution Improvements consist of constructing 12"/8" water distribution lines and 12"/8" sanitary sewer collection lines to Pueblo Nuevo within SH 359 Planning Areas. The construction time is 305 calendar days. Funding is available in the Colonias Fund. INITIATED BY: STAFF SOURCE: Jesus Olivares Asst. City Manager Tomas M. Rodriguez Jr., P.E. Utilities Director PREVIOUS COUNCIL ACTION: None BACKGROUND: for the construction of SH359 Work Order #2 Water Distribution and Wastewater Collection for Pueblo Nuevo improvements Project, subject to the approval of the TWDB. The Pueblo Nuevo-Wastewater Collection and Water Distribution Improvements consist of constructing 12"/8" water distribution lines and 12"/8" sanitary sewer collection lines to Pueblo Nuevo within SH 359 Planning Areas. The construction time is 305 calendar days. Funding is available in the Colonias Construction Fees (Acct. # 451-8310-535-9301). Approximately (23.750-LF of 8" and 6,200 LF of 12" Water Line), (24,815 LF of 8"; 6,715 LF of 12" Sewer Line), (14,625 LF of 8" and 1,400 LF of 4" Force main) Bids were received on March 11 th, 2009 at 3 p.m. with bids opened on Thursday, March lih, 2009 at 3 p.m. At the City Secretary's Office as follows: CONTRACTORS Unit Price Ext. Bid 1. Price Construction, Ltd. $ 3,139.112.08 $ 3,146,662.08 2. Zertuche Construction $ 3,366,064.97 $ 3,383,841.17 3. Qro mex Construction $ 2,337,569.50 $ 2,363,729.50 4. RAM-BRO Contracting $ 3,112,274.00 $ 3,121,109.00 5. SLC Construction, L.P. $ 2,999,804.30 $ 3,014,924.30 6. REIM Construction, Inc. $ 3,060,783.00 $ 3,071,908.00 7. Coastal Resources $ 2,362,257.10 $ 2,369,187.25 8. Jimmy Closner & Sons $ 2,497,932.10 $ 2,505,017.00 9. APECK Construction, Inc $ 3,482,407.25 $ 3,658,163.25 10. BRH- Garver Construction $ 3,897,070.00 $ 3,909,600.00 11. Los Lazos Construction Late Late The bids and bid bonds were checked and found to be in order. Therefore, staff recommends award in the amount of $ 2,337.569.50 to Oromex Construction. FINANCIAL IMPACT: Funding is available in the Colonias Construction Fees (Acct. #451-8310-535-9301) COMMITTEE RECOMMENDATION: Finance Committee STAFF RECOMMENDATION: Operations Committee. Approve Motion. - " '.I Date: March 12, 2009 #1 #2 l #3 J: #4 Time: 3:00 p.m. Price Construction, Ltd. Zertuche Construction Qro Mex C"Ori'Struction RAM-BRO Contracting Place: City Secretary's 2701 E. Hwy. 350 107 Calle del Norte Co., Inc. 904 Industrial Ave. Bid: SH359 Work Order #2 Water Distribution and Big Springs, TX79721 Suite #lC PO Box 2608 Robstown, TX 78380 Wastewater Collection for Laredo, TX 78041 Granite Shoals, TX Pueblo Nuevo "-:r il Utilities /Addendum: Addendum: o?, Addendum .''':f- Addendum -q. Bid Bond YesL No NjA_ YesKNo NjA YesLNo NjA Yes~No NjA_ Description Item No. Unit Price Ext. Bid Unit Price Ext. Bid Unit Price Ext. Bid Unit Price Ext. Bid : 3) 3C, //1. (.'If ~J Il/(p>"'l ~ 3 31/.Jk l/ 2- ~ ~ 3g5~'i4Jr; 2331:5,Q ~;11J7ZCJ~ 1""3/122"1L/ ~'(2IJ lq; s: / / / ./ / I ------'--- .- - __------.J City of Laredo Bid Tabulation Date: March 12, 2009 #5 #6 #7 #8 Time: 3:00 p.m. SLC Construction, L.P. REIM Construction, Inc. Coastal Resources Jimmy Closner & Place: City Secretary's 1000 Zaragoza St. . 304 W. St. Jude Ave. PO Drawer E Sons Construction Bid: 5H359 Work Order #2 Water Distribution and Laredo, TX 78040 Alton, TX 78574 Corpus Christi, TX PO Box 170 Wastewater Collection for Mercedes, TX 78570 Pueblo Nuevo Utilities Addendum: 1- Addendum: 9- Addendum ~ AddeI}dum 1 Bid Bond YesYNo N/A YesjL"No N/A Yes VNo N/A YesJLNo N/A Description Item No. Unit Price ,.... Ext. Bid Unit Price Ext. Bid Unit Price Ext. Bid Unit Price Ext. Bid 01 . .;;. o :;qqt1,JrfI rr-7,.MI'iZl-i 3° l51~D.·7 tJ 3Q11 CjOJ ~ ~Jhl 2rr J.3'7I <1Ft ~''I91.-q31 ~1J.. S05/)77- / , / ------.. ------City of Laredo Bid Tabulation Date: March 12, 2009 #9 #10 Time: 3:00 p.m. APECK Construction, Inc. BRH-Garver Construction Place: City Secretary's PO Box 640 7600 S. Santa Fe {, '1,p. ! ,- L(~VJSa Bid: SH359 Work Order #2 Water ,,~ .J'n;J Co ;J .d' (7.{,d.. tL' Distribution and Anacoco, LA 71403 Bldg. A-I East Wastewater Collection for Houston, TX 77061 Pueblo Nuevo t. 1;{£ Utilities /Addendum: t "Yddendum: t Addendum Addendum Bid Bond YesJ{No NjA YesJINo NjA Yes No NjA Yes No NjA Description Item No. Unit Price ~ Ext. Bid Unit Price Ext. Bid Unit Price Ext. Bid Unit Price Ext. Bid I 1LJg1}.jOf '5'6fr. 1(;); 7r I~ A9t. 61-q-::: 3'1t/9,t/XJ I ~/ / ---- - ._------_._.- COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 4/6/09 Authorizing the City Manager to have the Utilities Department utilize city personnel and utility bond. funding to commence the construction of the water and sewer line relocations along the Loop 20 and Cuatro Vientos Road Project in order to avoid construction scheduling conflicts with the Texas Department of Transportation and to complete the Project by March 2011. The Texas Department of Transportation has agreed to work concurrently with the City of Laredo to avoid any delays on the project. INITIATED BY: STAFF SOURCE: Jesus M. Olivares, Assistant City Manager Tomas M. Rodriguez, Jr., P.E., Utilities Director PREVIOUS COUNCIL ACTION: None BACKGROUND: The Texas Department of Transportation (TXDOT) and the City of Laredo have a commitment to work concurrently on the Loop 20 and Cuatro Vientos Project (Project) in order to avoid any delays and to complete the Project by March 2011. Only by meeting this 2011 deadline will TXDOT qualify to receive additional federal stimulus funds, some of which will be paid to the City of Laredo. Since the local government procurement process is lengthy, it would make it impossible for the City to finish its. water and sewer relocations on time. Further, it would seriously delay TXDOT progress and jeopardize receipt of the future federal stimulus payment. The lengthy procurement process The solution is for the City to handle the relocation construction in-house, using only an outside engineer for the design. Our Utilities staff and TXDOT representatives are recommending that the City begin as soon as possible, its portion of the construction of the water and sewer improvements using bond money and city crews immediately to eliminate the conflicts and delays of the Project. However, this will necessarily cause the City to temporarily delay all other water line replacement projects until this Project is completed. FINANCIAL IMPACT: 2008 Utility Bond Waterworks and 2008 Utility Bond Sewer fund. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Operation Committee Approve Motion Finance Committee COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration for approval of acceptance of the Del Mar Boulevard Widening on the 04/06/09 North side along Plantation Subdivision, release of retainage, and approval of final payment in the amount of$21,944.89 to Amberland Development, Ltd., Laredo, Texas, Final construction contract amount is $438,897.80. Funding is available in the 2006 C.O. Issue. INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, P.E., City Manager City Engineer PREVIOUS COUNCIL ACTION: On November 17,2008, City Council approved change order no. 1 an increase of $51,090.40 to add traffic control and a change in the pavement design to the construction contract with Amberland Development, Ltd., Laredo, Texas, for the Del Mar Boulevard Widening on the North side along Plantation Subdivision. BACKGROUND: The original project consisted of approximately 8 feet of roadway widening on the north side of Del Mar Blvd., beginning at the east end ofH.E.B. to the west end of Gold's Gym (approximately 4,352 LF). The project encompassed pavement section, curb and gutter, sidewalk and drainage structures. Plans and specifications were prepared by Howland Engineering and Surveying Company, Laredo, Texas. Original construction contract amount ...... $387,807.40 (Awarded by City Council on June 2,2008) Change order no. 1 ...... $ 51,090.40 (Approved by City Council on November 17,2008) To add traffic control and a change in the pavement design Final construction contract amount ...... $438,897.80 The project was completed within the contract time allotted. FINANCIAL IMPACT: Funding is available in the 2006 C.O. Issue. Account No. 461-9853-535-4887 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Approved by the City Council Operations Approval of Motion. Committee on CONSIDERATION FOR APPROVAL OF ACCEPTANCE OF THE DEL MAR BOULEVARD WIDENING ON THE NORTH SIDE ALONG PLANTATION SUBDIVISION AND APPROVAL OF FINAL PAYMENT City Council Meeting AGENDA ITEM April 6, 2009 ENGINEERING DEPARTMENT COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration for approval of change order no. 2 an increase of $237,080.00 for asphalt 04/06/09 walking paths, concrete drainage structures, relocation and planting of trees, and temporary traffic control plan and to add one hundred ten (110) calendar days to the construction contract time for a new contract time of three hundred sixty-four (364) calendar days to the construction contract with Jerry Resendez Enterprises, Inc., Laredo, Texas, for the North Central Park - Phase lA Project. Current construction contract amount is $1,244,884.50. Funding is available in the 2006 C.O. Bond. INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, P.E., City Manager City Engineer PREVIOUS COUNCIL ACTION: On February 4,2008, City Council awarded a construction contract to the lowest bidder Jerry Resendez Enterprises, Inc., Laredo, Texas, in the amount of $996,073.00 for the North Central Park - Phase 1A. BACKGROUND: The project consists of an asphalt parking lot, an asphalt surfaced trail system, water utilities, sewer utilities, area lighting and drainage improvements as well as other support amenities. Plans and specifications were prepared by Gilpin Engineering Company, Laredo, Texas. This change order no. 2 is for asphalt walking paths, concrete drainage structures, relocation and planting oftrees, temporary traffic control plan and to add one hundred ten (110) calendar days to the construction contract time for a new contract time ofthree hundred sixty-four (364) calendar days. Original construction contract amount ...... $996,073.00 (Approved by City Council on February 4, 2008) Change order no. 1 ...... $ 11,731.50 (Approved by the City Manager on October 27,2008) Items deleted to offset costs of additional subgrade preparation and update plan sheets to reflect changes. and to add seventy-four (74) calendar days to the contract time. This change order no. 2 ...... $ 237,080.00 Current construction contract amount ...... $1 ,244,884.50 FINANCIAL IMPACT: Funding is available in the 2006 C.O. Bond. Account No. 461-9822-535-4247 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Approved by the City Council Operations Approval of Motion. Committee on Monday, March 30, 2009. CONSIDERATION FOR APPROVAL OF CHANGE ORDER No.2, FOR THE NORTH CENTRAL PARK-PHASE lA PROJECT City Council Meeting R AGENDA ITEM April 6, 2009 ENGINEERING DEPARTMENT I COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration for approval of the selection of consultant TEC Engineers & Consultants, 04/06/09 Inc., Laredo, Texas, for the Sidewalks Project No. 38 (50 Blocks) - District VIn and approval to award a professional services contract for an amount of $48,990.00 for design and preparation of plans and specifications. Design time is to be on a fast track basis approximately ninety (90) days. Funding is available in the 2007 C.O. Bond Issue. District VIn. INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, P.E., City Engineer City Manager PREVIOUS COUNCIL ACTION: None. BACKGROUND: Seven (7) firms responded to the request for qualifications on Friday, February 27,2009, as follows: 1. Alliance Transportation Group, Inc., Austin, Texas, in association with RODS Surveying, Inc., Laredo, Texas 2. Dannenbaum, McAllen, Texas, in association with Mejia and Ruiz Land Surveyors, LLC., Laredo, Texas 3. Guerra Engineering & Surveying Company, Laredo, Texas 4. Puig Engineering, Laredo, Texas, a Division of Civil Engineering Consultants Don Durden, Inc., Laredo, Texas 5. TEC Engineers & Consultants, Inc., Laredo, Texas 6. Porras Nance Engineering, Laredo, Texas, Laredo, Texas 7. Seca Engineering, L.L.c., Laredo, Texas The proposed scope of services is to include, but not limited to: All surveying required for the design and preparation of plans/specifications with cost estimate of the project, coordination with all utilities, compliance with all city, state and federal requirements, limited construction management, assistance in bidding and award of contract phase, preparation of as-built drawings, and assistance in project close-out. The Staff Committee composed of several City Departments evaluated the submittals and presentations, based on the City's standard selection criteria (capability to perform, professional background, quality of projects, etc.) TEC Engineers & Consultants, Inc., Laredo, Texas, is recommended. Design time is to be done on a fast track basis approximately ninety (90) days. List of streets is attached. FINANCIAL IMPACT: Funding is available in the 2007 C.O. Bond Issue. - District VIII. Account No. 462-9853-535-5150 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Approved by the City Council Operations Approval of Motion. Committee on CITY OF LAREDO PROPOSED SIDEWALKS FOR FIVE ELEMENTARY SCHOOL DISTRICT NO. VIII Cm. CINDY LIENDO ESPINOZA . tAREDO, lE~~':!t J755 : NO. OF STREET NAME FROM TO SIDE BLOCKS Leyendecker Elementary School (8 Blocks) Convent Ave. Jefferson St. Garden St. W 2.00 Convent Ave. Jefferson St. Constantinople st. E 1.00 Salinas Ave. Jefferson St. Constantinople 5t. W 1.00 Garden St. Main Ave. Santa Maria Ave. N 2.00 Garden St. Main Ave. Santa Maria Ave. S 2.00 MacDonnell Elementary School (12 Blocks) Main Ave. Scott St. Coke St. W 1.00 Main Ave. Scott St. Coke St. E 1.00 Main Ave. GarciaSt. Callaghan St. W 1.00 Davis Ave. ScottSt. Coke St. W 1.00 Davis Ave. Scott St. Benavides St. E 2.00 Davis Ave. Benavides St. Garcia St. E Vi GarciaSt. Davis Ave. Santa-Maria Ave. N ~ GarciaSt. Davis Ave. Santa Maria Ave. S ~ Benavides st. Santa Cleotilde Ave. Main Ave. N 1.00 Benavides St. Santa Cleotilde Ave. Main Ave. S ~ Benavides St. Davis Ave. Santa Maria Ave. N 1.00 . Benavides Sl Davis Ave. Santa Maria Ave. S 1.00 Coke St. Main Ave. Davis Ave. S 1.00 Dovalina Elementary School (8 Blocks) Camp AYe. L.C.C. Wall Bruni St. W 2.00 Camp AYe. L.C.C. Wall SanchezSt. E Vi West Anna AYe. L.C.C. WaH Sanchez St. W liz East Anna Ave. Garza St. Sanchez St. W Ya Garza St. East Anna Ave. Pinder Ave. N 2.00 Garza St. East Anna Ave. Pinder Ave. S 2.00 Bruni Elementary School (6 Blocks) San Eduardo Ave. Moctezuma St. Scott St. W 1.00 San Eduardo Ave. Scott St. Coke St. W 1.00 San Eduardo Ave. Garcia St. Benavides St. E 1.00 Callaghan St. San Eduardo Ave. San Jorge Ave. S 2.00 Benavides St. San Eduardo Ave. San Francisco Ave. N 1.00 J.e. Martin Elementary School (16 Blocks) Monterrey Ave. Musser St. Guerrero St. W 3.00 Monterrey Ave. Musser St. Garfield St. E 6.00 Galveston St. Monterrey Ave. Sanders Ave. N 1.00 Galveston St. Monterrey Ave. Springfield Ave. S 3.00 Mier St. Sanders Ave. Springfield Ave. N 2.00 Mier St. Sanders Ave. Marcella Ave. S 1.00 Total of Block 50.00 1/7/2009 _w , I •. --.. -; l:lll4JSJj ;sr';".. 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E.. _ _ __ _ ". i City Council Meeting . iAGENDAITEM April 6, 2009 COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration for approval of change order #1 in the amount of $87,166.00 to 04/06/09 existing contract awarded to T. F. Harper & Associates L.P. for the extension of one (1) steel basketball shade structure measuring 85' x 50' to 120' x 80' at Canizales Park. Funding available through 2007 C.O. Bond and District 7 Discretionary Funds. INITIATED BY: STAFF SOURCE: Jesus Olivares Miguel A. Pescador Assistant City Manager Parks & Leisure Services Director Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: Authorized participation in the BuyBoard cooperative purchasing program. BACKGROUND: The proposed contract will consist but is not limited to the following items: • Additional material cost of enlarging pavilion from a $87,166.00 85' x 50' with 20' eave ht. to a 120' x 80' eave ht., 2:12 roof, (5) 24' Bays, 91 mph wind load, portal frames at each sidewall in lieu of standard X-bracing, Primary Structural members and secondary structures members red oxide primer, standard gutters and down spouts. • Additional costs for frame loading, roof supports to pavilion for (6) basketball goals • Additional costs for installation of (6) ceiling suspended front braced, Stationary basketball backstops w/BA495 Dura Steel Fan Shaped Backboards, and BA35 ProTech Breakaway Goals (BuyBoard Pricing) • Additional installation cost of pavilion including (2) extra piers For columns; painting cost of 5,600 S.F. of structure; lighting to Include (3) extra low bay light fixtures, all additional piping to Light fixtures from switching. • Local engineered drawings/calculations on structure and footing. FINANCIAL IMPACT: Funding for this purchase contract is available through 2007 C.O. Bond funds Line Item: Expense Account Canizales Park 462-9822-535-4270 2007 C.O. Bond District 7 Parks Improvements 462-9822-535-5055 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A It is recommended that this contract be approved. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 04/6/09 Consideration to exercise the renewal option for one additional year for contract number FY07-091 awarded to UTW Tire Co., Laredo, Texas, in the annual amount of $85,290.00 for the removal and disposal of used tires at the City landfill. Funding is available in the Solid Waste budget. INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Rogelio Rivera, P.E., Engineering Department Director Oscar J. Medina, Solid Waste Manager Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: Approved a one year contract to UTW Tire Co., on 03/24/08. BACKGROUND: City Council authorized a contract with UTW Tire Co., for the removal and disposal of tires from the City Landfill. The contract award was for a one year period with an option to extend for three additional one year terms. This is the second contract renewal. Staff is requesting that the contract unit price be amended by 7.5% to allow for the percentage increase as per the Consumer Price Index (Cpr) as per section 7.0 of the bid specifications. Staff is recommending that this contract be extended for one additional year. Current unit price $132.23 7.5%unit price increase $ 9.92 Revised unit price $142.15 Estimated Qty. Unit Price/Ton Total Disposal of used tires 600 Tons $ 142.15 $85,290.00 FINANCIAL IMPACT: The purpose of this contract is to establish prices for the commodities or services needed, should the City need to purchase these commodities or services. The City's obligation for performance of an annual supply contract beyond the current fiscal year is contingent upon the availability of appropriated funds from which payments for the contract purchases can be made. If no funds are appropriated and budgeted during the next fiscal year, this contract becomes null and void. Solid Waste Fund-Contractual Services Account Number: 556-2560-533-3930 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be renewed. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 04/06/09 Consider the renewal of contract FY08-014 with Martinez Phannacy, Laredo, Texas, in the estimated amount of $75,000.00 to provide phannaceutical services to clients of the HIV/AIDS Programs of the City of Laredo Health Department for the period beginning April 1,2009, through March 31, 2010. Funding is available in the State grants HIV!Ryan White and HIV IHealth and Social Services. INITIATED BY: STAFF SOURCE: Cynthia Collazo, Deputy City Manager Hector F. Gonzalez, M.D., M.P.H., Health Director Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: The City Council approved to renew contract FY08-014 on 05105/08 in the amount of$I20,000.00. BACKGROUND: This contract establishes a contract with health care professionals for professional services to be rendered to clients of the HIV1 AIDS programs of the Health Department. This is the third of four extension periods. The vendor has agreed to and signed the contract renewal notice to extend the tenn of this contract for one additional year. Staff is recommending that this contract be renewed. Contract Amt. Program Funds Provider Name (Not to Exceed) Date Grant & Budget HIV/AIDS Martinez Phannacy $ 75,000.00 April 1, 2009 to March 31, 2010 226-6020 & 226-6021 FINANCIAL IMPACT: The City of Laredo Health Department will reimburse the health care provider an amount not to exceed $75,000 for professional services provided during the period of April 1, 2009 through March 31, 2010. The expenditure divisions to be used for this activity will be: State Grant Budgets: 226-6020-543-5553 (HIV Ryan White Program) Project Name- HERW02 226-6021-543-5553 (HIV Social Services Program) Project Name- HESSOI COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be renewed. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration for approval of change order no. 2 a decrease of$13,275.00 for the balance 04/06/09 of quantities actually constructed in place, release of retainage, acceptance of the Flecha Lane Drainage Improvements and approval of final payment in the amount of$23,015.50 to Closner Construction Company, Laredo, Texas. Final construction contract amount is $460,310.10. Funding is available in the 2007 Environmental Services e.o. INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, P.E., City Manager City Engineer PREVIOUS COUNCIL ACTION: On October 20, 2008, City Council approved change order no. I an increase of $33,707.60 to accommodate the use of pre-cast boxes in lieu of cast-in-place to expedite the construction process and to add ten (10) working days to the construction contract with Closner Construction Company, Laredo, Texas, for the Flecha Lane Drainage Improvements. BACKGROUND: The original project consisted of the replacement of the existing drainage culvert with the construction of 6 concrete drainage boxes to improve storm water flows. The project also included channel improvements, road way improvements, utility adjustments, storm water pollution measures, and a phased traffic control plan. Plans and specifications were prepared by Puig Engineering Company, Laredo, Texas. This change order no. 2 is for the balance of quantities actually constructed in place. Original construction contract amount ...... $439,877.50 (Approved by City Council on December 17,2007) Change order no. 1 ...... $ 33,707.60 (Approved by City Council on October 20, 2008) To accommodate the use of pre-cast boxes in lieu of cast-in-place to expedite the construction process and to add ten (10) working days to the construction contract time. This change order no. 2 ...... $(13,275.00) Final construction contract amount...... $460,310.10 The project was completed within the contract time allotted. FINANCIAL IMP ACT: Funding is available in the 2007 Environmental Services e.O. Account No. 249-3891-545-9544 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Approved by the City Council Operations Approval of Motion. Committee on '), , / CONSIDERATION FOR APPROVAL OF CHANGE ORDER No.2, AND ACCEPTANCE OF THE FLECHA LANE DRAINAGE IMPROVEMENTS AND APPROVAL OF FINAL PAYMENT City Council Meeting AGENDA ITEM April 6, 2009 ENGINEERING DEPARTMENT 11 COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Authorizing the City Manager to award a Design/Build Contract to Kraftsman 04/06/09 Playground and Park, Spring, Texas, in an amount not to exceed $170,225 for the design, construction and installation of shade structures at nine (9) designated park sites. Funding for this project was made available through the Lamar Bruni Vergara Trust Grant and Discretionary Funds. INITIATED BY: STAFF SOURCE: Jesus Olivares Miguel A. Pescador, Parks and Leisure Services Assistant City Manager Director PREVIOUS COUNCIL ACTION: In February 19, 2008 City Council accepted a grant from the Lamar Bruni Vergara Trust in the amount of $330,500.00. BACKGROUND: The proposed scope of services to be provided include: Design, manufacture and installation of shade structures at 9 selected park sites listed below: LBV Shade - Cigarroa Complex #8 LBV Shade - Benavidez Park #7 LBV Shade - Inner City Park SE Corner #4 LBV Shade - Ramos Park Play Structure #2 LBV Shade - Inner City Park NW Corner #5 LBV Shade - Ryan Elementary Track #10 LBV Shade - 7 Flags Splash Park #6 LBV Shade - 3 Points Park #9 LBV Shade - Las Brisas Park #1 FINANCIAL IMPACT: Funding is available in the Capital Improvement Fund Acct. #402-4322-535-4276 Funding is available in the following Discretionary Funds: District 3 - Acct. # 402-4326-535-4530 District 4 - Acct. # 402-4326-535-4624 District 8 - Acct. # 462-9822-535-5163 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Approval of Motion COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 04/06/09 Consideration for approval to award a Buyboard Contract to Kraftsman Playground and Park, Spring, Texas, in an amount not to exceed $230,000.00 for the purchase and installation of splash park equipment, through the BuyBoard (Contract #269-07) cooperative purchasing program contract pricing. The equipment will be installed at the Azteca Park. Funding available through the Community Development 34th Action Year/2008 Block Grant and District 8 Discretionary Fund. INITIATED BY: STAFF SOURCE: Jesus Olivares Miguel A. Pescador Assistant City Manager Parks and Leisure Services Director PREVIOUS COUNCIL ACTION: None BACKGROUND: The proposed contract will consist but is not limited to the following items: • Spray Play Pad, 5" thick concrete pad 2200 sf • Enclosure of 8' chainlink filtration enclosure with metal roof deck • Electrical service to filtration system from city meter set adjacent to filtration equipment area • New 1.5" water line with backflow preventor to holding tank • Water distribution manifold - wall mounted 4" stainless steel header with pressure gauge, drain valve, 2" water hammer arrestor, (2) 4" FPT connections, (1) 4" MPT plug, (11) discharge assemblies each with (1) true union ball valve and (1) 24 VAC cast bronze solenoid valve with 15' pre-wired cord by Water Odyssey. • Dynamic Sequence Controller, with 8 hard-wired inputs and 16 outputs mounted in a NEMA4X housing by Water Odyssey. • Filtration, (with Ozone or UV Systems included), 100% filtered water • Spray features FINANCIAL IMPACT: Funding is available through the Community Development 34th Action Year/2008 Block Grant. Line Item: Expense Account: Azteca Park 211-9480-555-1407 District 8 Discretionary Fund 462-9822-535-5162 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Recommends Approval Recommends Approval COUNCIL COMMUNICATION DATE: SUBJECT: MOTION(S) Authorizing the City Manager to execute an extension to the Maintenance 04/06/2009 Service Agreement Contract between the City of Laredo and Diebold, Inc. for the hardware maintenance of the Bridge I surveillance and pneumatic tube system. This Maintenance Agreement will be for one (1) year effective March 22, 2009 through March 21, 2010 and will not exceed $28,062.00. Funding is available in the FY08-09 Bridge Fund. INITIATED BY: STAFF SOURCE: Jesus M. Olivares, Assistant City Manager Mario I. Maldonado, Jr., Bridge Manager PREVIOUS COUNCIL ACTION: N/A BACKGROUND: Over the past year, we have maintained a hardware maintenance contract with Diebold so as to insure that our surveillance and pneumatic tube system is adequately maintained. This also insures the uninterrupted use of the much needed surveillance system used by both bridge staff and local law enforcement agencies. The pneumatic tube system allows employees to send their toll collections from the toll booth into the building, as opposed to having employees walk through the vehicle lanes with their toll collections in hand. FINANCIAL IMPACT: Total cost for the one year contract with Diebold is $28,062.00. Funding is available in the FY 08- 09 budget line item Maintenance of Machinery & Equipment. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: To approve extension of hardware To approve extension of hardware maintenance maintenance contract with Diebold. contract with Diebold. SERVICE PROPOSAUEQUIPMENT SCHEDULE QSF 9.42-4 Service Sales Process DIEBOLD SERVICE PROPOSALIEQUIPMENT SCHEDULE BILL TO: 005459390 SITE: 005459390 Name: City of Laredo Branch Name: City of Laredo Address: P.O. Box 210 Address: 100 Convent Street City: Laredo City: Laredo State: TX State: TX Zip Code: 78042-0210 Zip code: 78040 Attn. Name: Accounts Payable Site #: Title: PRODUCT DESCRIPTION SERVICE EFFECTIVE PRICE PLAN DATE 18 Lanex Net DVR Retail Units 120 GB Gold 3/01109-2/28/10 $15,192 ($844 per unit) 4 VAT 30 Drive-up Units ($2,213 Gold 3/01109-2/28/10 $ 8,852 each, includes $200 per unit for unlimited stuck carrier coverage) VAT 3 0 Drive~up Unit with (5) Gold 3/01109-2/28/10 $ 4,018 Blower add-on Kits ($2,213 for VAT 30 unit, $1,805 for Blower add-on kits [$361 each]) TOTAL COST: $28,062 HOURS OF COVERAGE: Seven days per week, 8:00 a.m. - 8:00 p.m. ANNIVERSARY MONTH: March SPECIAL CONDITIONS: Unlimited Stuck Carrier Coverage included for each VAT 30 drive-up unit. MA#: 66857 Subscriber: ------Diebold, Incorporated Signature: ______Signature: ______ Name: Date Accepted: / / Title: Date Accepted: / / ALL PRINTED COPIES ARE UNCONTROLLED DOCUMENTS DIEBOLD NASS Quality System Date: 2/20/98 Rev: A Page 1 of 1 COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 04/06/09 Consideration to authorize a purchase contract with Calence Physical Security Solutions, LLC, Austin, TX for the purchase and installation of information technology equipment in the total amount of $60,281.28 for the Public Library's new cyber mobile; and to rescind the purchase contract authorized by the City Council on 1/05109 to Calence, LLC in the amount of $68,331.98 for similar equipment and services. This equipment will be purchased utilizing the State of Texas - Department of Information Resources (DIR) cooperative purchasing program contract number DIR-SDD-580. Funding is available from 2006 Certificate of Obligation bond proceeds. INITIATED BY: STAFF SOURCE Jesus Olivares, Assistant City Manager Miguel Pescador, Parks & Leisure Department Director Maria Soliz, Acting Library Manager Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: On January 5, 2009, motion authorizing a purchase contract with Calence LLC, Austin, TX in the total amount of $68,331.98 for information technology equipment for the Library's new cyber mobile. BACKGROUND: Authorization is requested to purchase the needed information technology equipment needed to equipment the cyber mobile. The equipment to be purchased and installed includes routers, a satellite system, a video system, and other technology items needed for the cyber mobile. This purchase will be secured from Calence Physical Security Solutions LLC through the State of Texas - Texas Procurement and Support Services (TP ASS) DIR Cooperative Purchasing Program. A revised quote was secured from a division of Calence LLC, Calence Physical Security Solution, LLC utilizing a different DIR contract that offered a better information technology solution at a reduced cost for the requested equipment. Proposed New Contract Award Calence Physical Security Solutions, LLC DIR Contract number SDD-580 IT Equipment $48,009.28 Installation $12,272.00 Total $60,281.28 Previous Contract Award Calence LLC DIR Contract Number SDD-236 IT Equipment $50,331.98 Installation $18,000.00 Total $68,331.98 FINANCIAL IMPACT: Funding is available from 2006 Certificate of Obligation bond proceeds. Account 2006 Certificate of Obligation Bond 461-9810-535-9004 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That this action is approved. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 04/06/09 Motion to amend the current Priority Procedures Manual so as to remove "Recognitions" from the regular order of City Council business, and to allow the Mayor and City Council Members to schedule recognitions as necessary and when convenient. INITIATED BY: STAFF SOURCE: Carlos Villarreal Gustavo Guevara, Jr. City Manager City Secretary PREVIOUS COUNCIL ACTION: NOVEMBER 6, 2006 2006-0-Z~1, Amending the City of Laredo Code of Ordinances, Chapter 2-Administration, Article I-In General, Section 2-5 City Council meetings by following the City Charter regarding meeting frequency; deleting agenda format, authorizing the Mayor to determine agenda format for Special City Council meetings, workshops, and training sessions; providing for severability; repeal all laws in conflict, and providing for an effective date. BACKGROUND: FINANCIAL: None. RECOMMENDATION: Staff recommends motion apgroval. COUNCIL COMMUNICATION DATE: SUBJECT: RESOLUTION 2009-R-040 April 6, 2009 Officially supporting Shop Laredo First, a community-wide project encouraging potential buyers and purchasers of goods and services elect to buy from local entities first whenever possible before seeking the same good or service elsewhere especially in these more challenging economic times. INITIATED BY: STAFF SOURCE: Cynthia Collazo Blasita J. Lopez Deputy City Manager LCVB Acting Director PREVIOUS COUNCIL ACTION: None BACKGROUND: None FINANCIAL IMPACT: There is no financial impact anticipated in support of this resolution. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: None at this time. None at this time. Resolution 2009-R-040 OFFICIALLY SUPPORTING SHOP LAREDO FIRST, A COMMUNITY-WIDE PROJECT ENCOURAGING POTENTIAL BUYERS AND PURCHASERS OF GOODS AND SERVICES ELECT TO BUY FROM LOCAL ENTITIES FIRST WHENEVER POSSIBLE BEFORE SEEKING THE SAME GOOD OR SERVICE ELSEWHERE ESPECIALLY IN THESE MORE CHALLENGING ECONOMIC TIMES. Whereas, the overall economic recession that has affected many cities, counties and private entities across the United States, including Laredo, causes concern among local businesses and government. The City of Laredo has a desire to renew the Shop Laredo First project, that was first initiated years ago, taking into account the current events that have brought about economic hardship for many public and private entities; and Whereas, the City of Laredo has long held and followed a purchasing practice to patronize local businesses above others when cost is comparable and to award local companies with various contracts from supplies to professional services. The City strongly believes that it is in the best interest of our home-grown and owned businesses that they be patronized by Laredoans and local companies and that they see the benefit of the local purchasers' dollar. In tum, they will be able to employ and reinvest in their own community; and Whereas, this local preference purchasing policy predominantly invests local tax dollars in Laredo businesses and firms and provides a form of internal economic stimulus; and Whereas, City authorities lead by practice and encourage others, private business and individual citizens alike, to purchase their goods and services from local businesses, providers, suppliers, stores, retailers, and dealers; and Whereas, City officials desire to further invest in Laredo businesses and will vocally campaign in favor of the Shop Laredo First initiative, by publishing this statement to the City of Laredo website and sending this resolution to local media and to various key businesses with substantial buying power; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The City of Laredo officially supports a Buy Laredo First initiative and that by fostering this atmosphere of local awareness for purchasing policies that the community can overcome any economic hardship. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS DAY OF , 2009. Raul G. Salinas Mayor ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: Raul Casso, City Attorney COUNCIL COMMUNICATION DATE: STAFF REPORT 04/06/09 Staff report with possible action amending the ordinance to eliminate the location requirements for amusement redemption machine establishments within the B-4 (Highway Commercial District). INITIATED BY: STAFF SOURCE: City Council Keith Selman, Planning & Zoning'Director PREVIOUS COUNCIL ACTION: • On March 3,2003, the City Council approved the regulations and performance standards governing amusement redemption machine establishments. • On May 15, 2006, the City Council requested during general discussion to eliminate the location requirements for amusement redemption machine establishments within B-4 (Highway Commercial District). • On November 20, 2006, the City Council approved the ordinance amendment eliminating location requirements. • On November 26, 2007, the City Council requested an amendment to the zoning ordinances that included the reestablishment of the previous distance provisions and the prohibition of Conditional Use Permits for such uses. • On April 21, 2008, the City Council approved the ordinance amendment returning the amusement redemption machine establishment guidelines to the previous requirements and adding additional requirements including parking. BACKGROUND: Council District: All STAFF COMMENTS: P&Z COMMITTEE RECOMMENDATION: The P&Z Commission, in an_to_ vote, recommended _____ of the proposed amendment. MASS TRANSIT BOARD COMMUNICATION DATE: SUBJECT: MOTION Consideration for approval to award a construction contract to the lowest bidder Amberland 04/06/09 Development, Ltd., Laredo, Texas, in the bid amount of $337,333.00 for the Transit Terminal Renovation. Contract time is one hundred twenty (120) calendar days. Funding is available in the Transit FTA Capital Grant X-04-0040. INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, P.E., City Engineer City Manager Feliciano Garcia, EI Metro Director PREVIOUS COUNCIL ACTION: None. BACKGROUND: The project consists of the renovation of existing public restroom facilities including, temporary facilities, selective demolition, underground utilities, concrete work, concrete masonry, wood doors and frames, tile work, painting, specialty items, signage, mechanical, electrical and plumbing. Plans and specifications were prepared by Humphries & Sanchez Architects, P .L.LC., Laredo, Texas. Five (5) bids were received at the City Secretary's Office at 4:00 P.M. on Wednesday, March 4, 2009, and publicly opened, read, and taken under advisement on Thursday, March 5, 2009, at 11 :00 A.M., as follows: Contractor (Bidder) Base Bid Amberland Development, Ltd. $337,333.00 Laredo, Texas L.A.I., Inc. $413,123.94 Laredo, Texas Modem Construction Company $379,850.00 Laredo, Texas R.D. Plumbing No Bid Laredo, Texas Zertuche Construction, LLC. $337,433.00 Laredo, Texas Bid and bid bonds were checked and found to be in order. Staff therefore concurs with recommendation to award to the lowest bidder in the bid amount of $337,333.00 to Amberland Development, Ltd., Laredo, Texas. Contract time is one hundred twenty (120) calendar days after notice to proceed is issued. FINANCIAL IMPACT: Funding is available in the Transit FTA Capital Grant X-04-0040 - Account No. 518-5192-585-9201. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: The City Council Operations Committee met on Approval of Motion. Monday, March 30, 2009, and recommends award to the lowest bidder Amberland Development, Ltd., Laredo, Texas. .. , .. -,- UJ .,.><" It1 rf')(~i " II 1L i l II I I I I I I t; I I . .;:',.,..~ ,,"'\-"'~~""'~>"'¥A_-'-"....J n;t- ___~ f'--__ J ~ . ! L I --l I ~ i -.-J i f.·!!!W.··~~!rilLr~·."-·-~.~[P~-~ ':~:WA:~ n_ j Lo .. r ~ I ,~---.a.-~a--H--I~ PlAZAi~_ i,q,· \! . I~:sr.; L' i r-"l [-~-.---.rn.-,- ~--. '"Ii1--ft°_-'~' ~ !Jj, .'~ i I ! I. I lrt'.. - I' 11"1) n,. t~ ... ~!.~ t 11 II J . I II . . ~Il I i""'l'it. IT ,:vro;lj.IiW-, ( ~ ---=: ;::::::-_. ..-==*. :-)t-K._Ji!t - l Iti ; I ! . 11 LI SD l/URBAHII/ it ~"m·--·--'r·'-·-'--·~1~c·,·'TY"~-·NEBB1~··.. -··-t- ~~fD~r -I R ~L S~H.I_ I W L L~~ tH~L!-J ~i~~::=- ~~~6J~ JL JDDrmJLIDlA"~~LJL in 1 ! I' I I 1 q- I rSffioIJ 'J-aaV'ISW-' ~:l r--'! r- In i ! . I I !,. , 0 J I,," I . I "" :~I I J ! L l' !! ! rk;.Dt~~~.~i:::.:.::! :-~~~~ ~~_. J . --. U&JLEllm~~ L,... _ l . i_J 1_. w .. ! r ; ! 1\ j if! ~ J I~-"-'-''''j r---'"1 1-'_'N,..., t--_ • ': iii II ! I Ii!r--, ! ! 1 ! I:! - I I ! , 1 I - , ' j , , I ' I I I I ! .1''"B''''j'\i\''1!R'''' 'L~ J~L,~y,,:':S:,-"--"' i iL .-" ...... 'I ,--,._.- I L.'M.. ___ .,I' ,---- L--_II' L __ .....,_. II -~ gx~~.£ .!-;!" !}""'::U """to.~~ b~-":';'>=~-:-"';':'·"·t! ~---'----""')l'j ! .t-I ... - •. ~.."! !~~ ...... '" "£ "' ...... : I'--'~~~¥ r-~ON_-j 1'-----, r---'''Y !-"""'-'~'~i 1- ,j ~ .. ; 1 i ! i I : L ,,' : ! I I i I . 11 ! ! :!f..P;I1iY?t:N':.:~'. .::::::: L::, ~ ;-.-.. ,-::,1 .: ._ll __ 1 L_.-l t_.~j L.,"-J L""".~,,,J L..... =,~ '·,i.~: ! I 1 I r ~ l II /. 1 r--"., Ir----i r-~! Ir---'-l [-1 r-" ?i~ 10! J'I I !l' 'l J- tl i J~ !~ .JJ'sSl:O'E=:::S--·-"· . L __._ _,_,,,._._J _. ___.I ...x __• L... ,._,, ___ J L__ ll_._.J L-... _.-' .L,_ i"'f ; 1 . Jl I r--. "..... -- ..1;. -.1---'1 ;--'-1 '1"------1 ,"--'-_.'" !-~. "~'--1 .i-----"~ :---.. i; . ; i I O·. I I ! ,"'1 ; ; . ( ; ! ! I ! ! l '>fit i I , \ 'i 'L i I !! 11 Ii. ',' , , I:l I I • ' ! ~ j , '.{-.:l :GB4NI'''' !..--"'".-~-...; 1___ .,- I '...... --,_._.. ._.. ..J _.,_,~_....J iii...... __,J _.~ .. _... ,,_l 1~, ____ ,_",_;' L_. -iL 1 i - ...- I r'-'k~~C"'''<-'-''-1 1"--_ .. ''' .. ··1 Jr---''''-~f j"-"-} r-="""", 1-'-1 1-'''''''''-) l-'~ )'---""i r---- .z. i I I ' ! J' t 1 I. ' t ' ; , i ! SI AUGj iIa...L ·1 i ,. , f j 1 I ! g , • ~ I ' I .. , PLAZA I!IIFT" ' L __ .... L-... _ ... J L_.. J ...... -j t_",,,_J L._,wJ L_-:-_.1 J::·~:~.ZAfJ,~GOl.~:S::I::7":::=~~~_~~ :~ ,~;;:~= .-"-~ o +. i ; It ! II RI V E R i fO RI!VE~MAL~L~1 f~~'-'-"I r-"='~~i' r ., .. a,'__ ~ ___"·_"" "' '1YlIt£.Ir"~~ ,--"---_J L...._---' L ~- L . . .. ji \ \ <-: ru::C~-~Wi»>~':.""'" t~""",...... _"", ... , .. < ...... -,."'"'u • .".,....."J '--...,.,J N~' -..-....,.~)OC;.~ ... ______. __ -,"" "1 ! ~'\.: . \,:,,«,_·· .;:±~:;;:-~~:~~lr::-::~f! ~ CONSIDERATION FOR APPROVAL TO AWARD A CONSTRCUTION CONTRACT THE LOWEST BIDDER FOR THE TRANSIT TERMINAL RENOVATION City Council Meeting CITY OF LAREDO AGENDA ITEM April 6, 2009 ENGINEERING DEPARTMENT 1110 ~CJI S1 PO IIlI ~19 PIt. 191-7346 fAl. [1101191-7496, CITY COUNCIL MEETING AS LAREDO MASS TRANSIT BOARD COMMUNICATION DATE: SUBJECT: RESOLUTION 2009-RT-004 04-06-09 AUTHORIZING THE CITY OF LAREDO TO FILE AN APPLICATION WITH FEDERAL TRANSIT ADMINISTRATION, UNITED STATES OF AMERICA, FOR THE AMERICAN. RECOVERY AND REINVESTMENT ACT OF 2009 IN THE APPORTIONMENT AMOUNT OF $4,757,091.00 FOR TRANSIT CAPITAL ASSISTANCE (URBANIZED AREAS) FOR LAREDO IN FISCAL YEAR 2008- 2009, . AND AUTHORIZING THE TRANSIT GENERAL MANAGER TO EXECUTE ALL RELATED DOCUMENTS. INITIATED BY: STAFF SOURCE: Jesus M. Olivares, Assistant City Manager Feliciano Garcia, Transit General Manager PREVIOUS COUNCIL ACTION: None BACKGROUND: The Federal Transit Administration (FTA) announces The American Recovery and Reinvestment Act of 2009 (ARRA) and released its Transit Capital Assistance apportionments, allocations, and program information on March 5, 2009. The American Recovery and Reinvestment Act of 2009 (ARRA) was signed into law by President Barack Obama on February 17,2009 and includes $8.4 billion for transit capital improvements. The ARRA includes appropriations to support multi-pronged efforts to stimulate the nation's economy. The City of Laredo apportionment is $4,757,091 with no local match requirement. FINANCIAL: Please see attached Federal Register Vol. 74, No. 42 FY 2009 Urbanized Area Apportionments. TRANSIT COMMITTEE: STAFF: N/A Staff recommends approval. RESOLUTION 2009-RT -004 AUTHORIZING THE CITY OF LAREDO TO FILE AN APPLICATION WITH FEDERAL TRANSIT ADMINISTRATION, UNITED STATES OF AMERICA, FOR THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 IN THE APPORTIONMENT AMOUNT OF $4,757,091.00 FOR TRANSIT CAPITAL ASSISTANCE (URBANIZED AREAS) FOR LAREDO IN FISCAL YEAR 2008-2009, AND AUTHORIZING THE TRANSIT GENERAL MANAGER TO EXECUTE ALL RELATED DOCUMENTS. WHEREAS, the City of Laredo, Texas, intends to submit a grant application to the Federal Transit Administration for the American Recovery and Reinvestment Act of 2009 (ARRA); and WHEREAS, The City Council finds it to be in the best interest of the City of Laredo, Texas to apply for federal funds in the amount of $4,757,091.00 for capital assistance and that funds be allocated to capital grants budget. WHEREAS, the Federal Transit Administration is prepared to award a grant to the City of Laredo, as authorized by the American Recovery and Reinvestment Act of 2009-Transit Capital Assistance in the amount of $4,757,091.00 for Fiscal Year 2008-2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AND THE MAYOR OF CITY OF LAREDO THAT: Section 1. Authorizing the Transit General Manager to submit all the necessary paperwork to obtain transit capital assistance funds from the Federal Transit Administration. Section 2. Authorizing the Transit General Manager to accept funds awarded from the grant application for ARRA funds. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ___ DAY OF ,2009 RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: BY: RAUL CASSO CITY ATTORNEY 9684 Federal Register/Vol. 74, No. 42/Thursday, March 5, 2009/Notices FEDERAL TRANSIT ADMINISTRATION TABLE 2 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 • TRANSIT CAPITAL ASSISTANCE AND SECTION 5340 URBANIZED AREA APPORTIONMENTS (The lotal available amount lor a program is based on fundIng made ava,lable under Ihe ARRA for Public Transit, 2009 - P.L. ///-5) URBANIZED AREA/STATE APPORTIONMENT Cleveland, TN 855,317 Jackson, TN 1,085,613 Johnson City, TN 1,472,011 Kingspon. TN--VA 1,291.347 Morristown, TN 797,289 Murfreesboro. TN 2,185.769 TEXAS $51,218,815 Abilene, TX 2,057,460 Amarillo. TX 3,574.296 Beaumont. TX 2.362,469 Brownsville. TX 3.631,569 College Statlon-·Bryan, TX 2;793,817 Galveston. TX 1.575.182 Harlingen, TX 1,953,732 . Killeen, TX 3.489.770 Lake Jackson--Angleton. TX 1,386.542 * Laredo. TX 4,757,091 Longview, TX 1,269,052 McKinney, TX 992,990 Midland. TX 1.882,626 Odessa. TX 2.066.952 Port Arlhur, TX 2.323,428 San Angelo, TX 1,572,211 Sherman, TX 984,558 Temple, TX 1.228.725 Texarkana. TX--Texarkana, AR 709,396 Texas City, TX 1,609,294 The Woodlands, TX 1.679,525 Tyler, TX 1,744.631 Victoria, TX 913,309 Waco, TX 2,909,998 Wichita Falls. TX 1.770.192 UTAH $2,497,807 Logan, UT 1.388.584 SI. George. UT 1.109,223 VERMONT $1,753,649 Burlington. VT 1.753.649 VIRGIN ISLANDS 1.284.1 If VIRGINIA $11 ,993.189 Blacksburg. VA 1,074,183 Brislol, TN--Bristol, VA 310,983 Charlottesville, VA 1,526,262 Danville. VA 824,382 Fredericksburg, VA 1.542,104 Harrisonburg, VA 943.287 Kingspon, TN-VA ,; ,_.24.387 Lynchburg, VA 1.501.126 Roanoke, VA 3.364,742 Winchester. VA 879.753 WASHINGTON $16,824,921 Bellingham. WA 1.655.804 BTemenon. WA 2.861,382 Kennewick--Richland, WA 2,659.484 Lewiston.ID--WA 3·18.847 Longview. WA--OR 1.129.826 Marysville, WA 1.852,474 Mount Vernon. WA 841,295 Olympla--lacey. WA 2,334,981 View Print Page 1 of 10 DOT FTA U.S. Department of Transportation Federal Transit Administration Application Recipient 10: 2069 Recipient Name: CITY OF lAREDO Project ID: TX-96-X001-00 Budget Number: 1 - Budget Pending Approval Project Information: BUSES AND SUPPORT VEHICLE REPLACEMENTS Part 1: Recipient Information Project Number: TX-96-X001-00 Recipient ID: 2069 Recipient Name: CITY OF lAREDO Address: P.O. BOX 5791110 Houston St., lAREDO, TX 780420579 Telephone: (956) 791-7303 Facsimile: (956) 791-7498 Union Information Recipient ID: 2069 Union Name: UNITED TRANSPORTATION UNION lOCAL 1670 Address 1: 609 CODORNIZ Address 2: City: lAREDO, TX 78045 0000 Contact Name: MARIO RODRIGUEZ Telephone: (956) 725-9657 Facsimile: E-mail: Website: DOES NOT HAVE EMAil Recipient ID: 2069 Union Name: UNITED TRANSPORTATION UNION lOCAL 1670 Address 1: 4504 lA CINGA lANE Address 2: https:llftatearnweb.fta.dot.gov/tearnwebIIApplicationsNiewPrintNiewPrintRes.asp?GUID=PRODUCTI... 3/1112009 View Print Page 2 of 10 City: LAREDO, TX 78046 Contact Name: WILLIAM KOEHN Telephone: (956) 791-1244 Facsimile: E-mail: Website: DOES NOT HAVE EMAIL Part 2: Project Information Project Type: Grant Gross Project $4,757,091 Cost: Project Number: TX-96-X001-00 Adjustment Amt: $0 BUSES AND SUPPORT Project Description: VEHICLE REPLACEMENTS Total Eligible Cost: $4,757,091 Recipient Type: City Total FTA Amt: $4,757,091 FTA Project Mgr: Lynn Hayes/Suleman Shoaib Total State Amt: $0 Recipient Contact: Eddie Bernal/ Total Local Amt: $0 New/Amendment: None Specified Other Federal $0 Amt: Amend Reason: Initial Application Special Cond Amt: $0 Fed Dom Asst. #: 20507 Special Condition: None Specified Sec. of Statute: 5307-4 S.C. Tgt. Date: None Specified State Appl. I D: None Specified S.C. Eft. Date: None Specified Start/End Date: Mar. 05, 2009 - Mar. 05, 2012 Est. Oblig Date: None Specified Recvd. By State: Pre-Award EO 12372 Rev: Not Applicable No Authority?: Review Date: None Specified Fed. Debt No Planning Grant?: NO Authority?: Program Date Final Budget?: No (STIP/UPWP/FTA Mar. 09, 2009 Prm Plan): Program Page: None Specified Application Type: Electronic Supp. Agreement?: No Debt. Delinq. Details: Urbanized Areas IUZA Name https:llftateamweb.fta.dot.gov/teamwebllApplicationsNiewPrintNiewPrintRes.asp?GUID=PRODUCTI... 3/11/2009 View Print Page 3 of 10 Congressional Districts State 10 District Code District Official 48 23 Ciro D Rodriguez 48 28 Henry Cuellar Project Details 2009 ARRA grant for $4,757,091, to replace 14 Heavy Duty Diesel buses and 1 low-sulfur diesel wrecker (alternative fuel). The wrecker is being replaced with EI Metro's 1994 GMC (gasoline) wrecker. Furthermore, an interlocal agreement is presently being generated with the city of Brownsville and the city of McAllen for a RFP of 50+ low floor 35ftlow sulfur diesel transit buses. The RFP will be issued this month and bid opening will be in April of 2009. The MPO Policy Committe approved the additional TIP revision on March 6, 2009. The TIP revision now included the ARRA monies being awarded for the city of Laredo and additional information was added to the project descriptions to reflect the buses (14) and the support vehicle (1 wrecker). Earmarks No information found. Security No - We will not expend at least 1% of the 5307 funds in this grant application for security purposes. 1. No Deficiency found from threat/vulnerability assessment. Grant applicant has conducted a threat and vulnerability assessment and finds there are no deficiencies that require additional investment in security projects at this time. [The threat and vulnerability assessment is No.8 in Top 20 Security Action list at http://transit-safety.volpe.dot.gov/security/Securitylnitiatives/Top20/default.asp] Part 3: Budget Project Budget Quantity FTAAmount Tot. Elig. Cost SCOPE 114-00 BUS: SUPPORT EQUIP AND 0 $200,000.00 $200,000.00 FACILITIES ACTIVITY 11.42.20 ACQUIRE - MISC SUPPORT 0 $200,000.00 $200,000.00 EQUIPMENT SCOPE 111-00 BUS - ROLLING STOCK 14 $4,557,091.00 $4,557,091.00 ACTIVITY 11.12.02 BUY REPLACEMENT 35-FT 14 $4,557,091.00 $4,557,091.00 BUS Estimated Total Eligible Cost: $4,757,091.00 https://ftateamweb.fta.dot.gov/teamweb//Applications/ViewPrintNiewPrintRes.asp?GUID=PRODUCTI... 3/11/2009 View Print Page 4 of 10 Federal Share:] $4,757,091.00 Local Share: I $0.00 OTHER (Scopes and Activities not included in Project Budget Totals) No Amendment Funding Source information is available for the selected project Alternative Fuel Codes 11.42.20 ACQUIRE - MISC SUPPORT EQUIPMENT Diesel Fuel 11.11.00 BUS - ROLLING STOCK Diesel Fuel 11.12.02 BUY REPLACEMENT 35-FT BUS Diesel Fuel Extended Budget Descriptions 11.42.20IACQUIRE - MISC SUPPORT EQUIPMENT I 01 $200,000.00 I $200,000.00 Replacing a 1994 GMC Wrecker 11.12.021 BUY REPLACEMENT 35-FT BUS 1141 $4,557,091.00 I$4,557,091.00 To replace up to 14 35-ft low floor heavy duty buses. Changes since the Prior Budget Unable to find change amount information. Part 4. Milestones 11.42.20 ACQUIRE - MISC SUPPORT EQUIPMENT o $200,000 $200,000 Milestone Description Est. Camp. Date 1. RFP/IFB Issued Mar. 31, 2009 2. Contract Award Apr. 15, 2009 3. Contract Complete Jul. 15, 2009 11.12.02 BUY REPLACEMENT 35-FT BUS 14 $4,557,091 $4,557,091 https:llftateamweb.fta.dot.gov/teamwebIIApplicationsNiewPrintNiewPrintRes.asp?GUID=PRODUCTI... 311112009 View Print Page 5 of 10 Milestone Descrigtion Est. Comg. Date 1. RFPIIFB OUT FOR BID Mar. 31, 2009 2. CONTRACT AWARDED May. 15, 2009 3. FIRST VEHICLE DELIVERED Nov. 01,2010 4. ALL VEHICLES DELIVERED Dec. 30, 2010 5. CONTRACT COMPLETE Jan. 01,2011 Part 5. Environmental Findings 11100 BUS - ROLLING STOCK 14 $4,557,091 $4,557,091 Finding No.1 - Class lI(c) C17 - Purchase of vehicles The purchase of vehicles by the applicant where the use of these vehicles can be accommodated by existing facilities or by new facilities which themselves are within a CE. 111202 BUY REPLACEMENT 35-FT BUS 14 $4,557,091 $4,557,091 Finding No.1 - Class lI(c) C17 - Purchase of vehicles The purchase of vehicles by the applicant where the use of these vehicles can be accommodated by existing facilities or by new facilities which themselves are within a CE. 11400 BUS: SUPPORT EQUIP AND $200,000 $200,000 FACILITIES o Finding No.1 - Class lI(c) C17 - Purchase of vehicles The purchase of vehicles by the applicant where the use of these vehicles can be accommodated by existing facilities or by new facilities which themselves are within a CE. 114220 ACQUIRE - MISC SUPPORT $200,000 $200,000 EQUIPMENT o Finding No.1 - Class II(c) C17 - Purchase of vehicles https:llftateamweb.fta.dot.gov/teamweb/I ApplicationsNiewPrintNiewPrintRes.asp?GUID=PRODUCTI... 3/11/2009 View Print Page 6 of 10 The purchase of vehicles by the applicant where the use of these vehicles can be accommodated by existing facilities or by new facilities which themselves are within a CE. Part 6: Fleet Status Fixed Route Before Change After I. Active Fleet A. Peak Requirement 35 0 35 B. Spares 14 0 14 C. Total (A+B) 49 0 49 D. Spare Ratio (BfA) 40.00% 0.00% 40.00% II. Inactive Fleet A. Other 4 0 4 B. Pending Disposal 0 0 0 C. Total (A+B) 4 0 4 III. Total (I.C and II.C) 53 0 53 1 1999 Chance Trolley 141997 RTS Nova Buses 8 1998 RTS Nova Buses 3 2000 RTS Nova Buses 6 2003 Blue Bird Buses 7 2007 Blue Bird Buses 10 2009 Gillig Buses Below is the list of buses that will be replaced with the ARRA grant that have met the minimum useful life. Veh.#(1)9701 Year 1997 Make RTS NOVA Vln# 4RKDTJA7VR832272 Date in Servo Aug. 1997 Minimum Years and Miles 12yrsf380,597 Miles at time of service 500 (est.) Veh.#(2)9702 Year 1997 Make RTS NOVA Vln# 4RKDTJA9VR832273 Date in Servo Aug. 1997 Minimum Years and Miles 12yrsf429,149 Miles at time of service 500 (est.) Veh.#(3)9703 Year 1997 Make RTS NOVA https:llftateamweb.fta.dot.gov/teamwebIIApplications/ViewPrintiViewPrintRes.asp?GUID=PRODUCTI... 3111/2009 View Print Page 7 of 10 Vln# 4RKDTJAOVR83227 4 Date in Servo Aug. 1997 Minimum Years and Miles 12yrs/399,444 Miles at time of service 500 (est.) Veh.#(4)9704 Year 1997 Make RTS NOVA Vln# 4RKDTJA2VR832275 Date in Servo Aug. 1997 Minimum Years and Miles 12yrs/411 ,442 Miles at time of service 500 (est.) Veh.#(5)9706 Year 1997 Make RTS NOVA Vln# 4RKDTJA6VR832277 Date in Servo Aug. 1997 Minimum Years and Miles 12yrs/431 ,729 Miles at time of service 500 (est.) Veh.#(6)9707 Year 1997 Make RTS NOVA Vln# 4RKDTJA8VR832278 Date in Servo Aug. 1997 Minimum Years and Miles 12yrs/338,995 Miles at time of service 500 (est.) Veh.#(7)9708 Year 1997 Make RTS NOVA Vln# 4RKDTJAXVR832279 Date in Servo Aug. 1997 Minimum Years and Miles 12yrs/430,375 Miles at time of service 500 (est.) Veh.#(8)9709 Year 1997 Make RTS NOVA Vln# 4RKDTJA6VR832280 Date in Servo Aug. 1997 Minimum Years and Miles 12yrs/415,769 Miles at time of service 500 (est.) Veh.#(9)9710 Year 1997 Make RTS NOVA Vln# 4RKDTJA8VR832281 Date in Servo Aug. 1997 Minimum Years and Miles 12yrs/469,956 Miles at time of service 500 (est.) Veh.#(10)9711 Year 1997 Make RTS NOVA Vln# 4RKDTJAXVR832282 Date in Servo Aug. 1997 Minimum Years and Miles 12yrs/389,640 Miles at time of service 500 (est.) https:llftateamweb.fta.dot.gov/teamwebIIApplicationsNiewPrintNiewPrintRes.asp?GUID=PRODUCTI... 311112009 View Print Page 8 of 10 Veh.#(11 )9712 Year 1997 Make RTS NOVA Vln# 4RKDTJA1VR832283 Date in Servo Aug. 1997 Minimum Years and Miles 12yrs/462,684 Miles at time of service 500 (est.) Veh.#(12)9713 Year 1997 Make RTS NOVA Vln# 4RKDTJA3VR832284 Date in Servo Aug. 1997 Minimum Years and Miles 12yrs/511 ,328 Miles at time of service 500 (est.) Veh.#( 13)9714 Year 1997 Make RTS NOVA Vln# 4RKDTJA5VR832285 Date in Serv. Aug. 1997 Minimum Years and Miles 12yrs/431 ,538 Miles at time of service 500 (est.) Veh.#(14)9715 Year 1997 Make RTS NOVA Vln# 4RKDTJA7VR832286 Date in Servo Aug. 1997 Minimum Years and Miles 12yrs/449,098 Miles at time of service 500 (est.) TOTAL NUMBER OF VEHICLES = 49 TOTAL NUMBER OF PEAK VEHICLE REQUIRMENTS = 35 TOTAL NUMBER OF SPARE VEHICLES = 14 Paratransit Before Change After I. Active Fleet A. Peak Requirement 0 0 0 B. Spares 0 0 0 C. Total (A+B) 0 0 0 D. Spare Ratio (B/A) 0.00% 0.00% 0.00% II. Inactive Fleet A. Other 0 0 0 B. Pending Disposal 0 0 0 C. Total (A+B) 0 0 0 III. Total (I.C and II.C) 0 0 0 Veh.# Make/Model Year https:llftateamweb.fta.dot.gov/teamwebllApplicationsNiewPrint/ViewPrintRes.asp?GUID=PRODUCTI... 3111/2009 View Print Page 9 of 10 0258 Chevrolet 2002 0259 Chevrolet 2002 0260 Chevrolet 2002 0261 Chevrolet 2002 0262 Chevrolet 2002 0263 Chevrolet 2002 0264 Chevrolet 2002 0265 Chevrolet 2002 0266 Chevrolet 2002 0267 Chevrolet 2002 0268 Chevrolet 2002 . 0269 Chevrolet 2002 0270 Chevrolet 2002 0271 Chevrolet 2002 0272 Chevrolet 2002 0273 Chevrolet 2002 0274 Chevrolet 2002 0275 Chevrolet 2002 Part 7. FTA Comments General Review Comment Title: New Comment Comment By: William Jones Date Created: Mar. 10, 2009 Date Updated: None Specified Ref Section: Unknown Comment Title: New Comment Comment By: William Jones Date Created: Mar. 10, 2009 Date Updated: None Specified Ref Section: Unknown Comment: I have reviewed the Civil Rights requirements and concur with this portion of the project application. Comments to DOL Comment Title: New Comment Comment By: Lynn Hayes Date Created: Mar. 09, 2009 Date Updated: None Specified Ref Section: Unknown Comment: FTA's projected timeline for acting upon the subject grant is 35 days from the date of this application. In order to meet that timetable, please establish a schedule for negotiations pursant to 29 DFR.215 3(d),based on the USC. terms and conditions for this grant. Person to notify at FTA: https;llftateamweb.fta.dot.gov/teamweb/I ApplicationsNiewPrintNiewPrintRes.asp?GUID= PRODUCTI... 311112009 View Print Page 10 of 10 Lynn Hayes 817 978-0565 Email: [email protected] Grantee Information: Feliciana Garcia Laredo EL Metro Phone 956: 795-2288 Email: [email protected] Part 8: Results of Reviews The reviewer did not find any errors https:llftateamweb.fta.dot.gov/teamwebIIApplicationsNiewPrintNiewPrintRes.asp?GUID=PRODUCTI... 3/1112009