City Council Meeting A-2008-R-010 City Council Chambers 1110 Houston Street Laredo, Texas 78040 May 19, 2008 5:30 P.M

CITY OF LAREDO CITY COUNCIL MEETING A-2008-R-010 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS 78040 MAY 19, 2008 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 minutes of February 19, 2008.

V. COMMUNICATIONS AND RECOGNITIONS

Recognitions

a. Recognizing El Mañana Newspaper on their 80th anniversary.

b. Recognition of Ms. Lara Nigliazzo and Ms. Minerva Saenz who volunteered their time and artistic talents in the preparation of the City of Laredo’s Quilt Square that was made part of the National Civic League’s 2007 All America City Quilt.

c. Recognizing Raul Cavazos, a student at LBJ High School, for winning the Anti-Gang Poster District Competition, and wishing great success in the State Art Competition.

d. Recognizing United South High School Marine Corps Junior ROTC drill teams for competing in the National High School Drill Teams Championship in Daytona Beach, Florida on May 2, 2008 where 80 schools and over 1,000 cadets competed. The USHS Marine Corps Junior ROTC received the following awards:

• Armed Drill Team South Panther Rifles placed 2nd in the Inspection Phase, 3rd in Regulation Phase, 3rd in Exhibition Phase and 5th overall.

• Unarmed Drill Team South Lady Panthers placed 4th in Regulation Phase, 5th in Exhibition Phase and 5th overall.

• Cadet Captain Jose Peña received the Commander's Trophy, 1st place Most Outstanding Commander and;

• Cadet Captain Genaro Quiroz placed 2nd in Knock-out Drill.

Communiqués Presentation by Mario Medina, District Engineer for the Texas Department of Transportation (TxDOT), regarding Texas Department of Transportation Projects.

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 Mayor Raul G. Salinas of Pat Campos to replace Jose Gamez on the Para Transit Advisory Committee.

b. Appointment by Council Member Mike Garza of Belinda Guerra to the Convention & Visitors Bureau Advisory Committee.

VII. PUBLIC HEARINGS

1. Public hearing and introductory ordinance amending the City of Laredo Health Department Fiscal Year 2007-2008 budget by increasing revenues and expenditures in the amount of $183,848.00, a one time additional funds equipment and supplies from Texas Department of State Health Services for the Health Department Public Health Preparedness and Epidemiology Program, for a total amount awarded of $561,390.00 for the term period of September 1, 2007 to July 31, 2008.

2. Public hearing and introductory ordinance amending the City of Laredo Health Department Fiscal Year 2007-2008 budget by increasing revenues

2 and expenditures in the amount of $202,406.00 of additional funds from the Texas Department of State Health Services for a total amount awarded of $952,406.00 for the Health Department Public Health Preparedness and Epidemiology Program (PHP), for renovation of the Department’s Laboratory to a functional bio-safety level 3 facility. Also changing the term period from September 1, 2006 to August 31, 2008 to September 1, 2006 through July 31, 2008.

3. Public hearing and introductory ordinance amending the City of Laredo Health Department Fiscal Year 2007-2008 annual budget by appropriating revenues and expenditures in the amount of $412,985.00 in funds from the South Texas Development Council for continuation of the Department’s HIV/Ryan White Program for the term from April 1, 2008 through March 31, 2009.

4. Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2007-2008 Capital Improvement Fund Budget by appropriating revenues and expenditures in the amount of $150,390.00 from the FEMA Storm Damage Recovery Funds for the use in repairs at the Santa Rita Park.

5. Public hearing and introductory ordinance amending the Fiscal Year 2007-2008 annual Fire Department Budget by appropriating revenues and expenditures in the amount of $9,037.00 for a donation by Laredo Medical Center and Seven Flags RAC Trauma Service Area for the purpose of purchasing bicycles, ATV’s, helmets and gloves for the Laredo Fire Department Bike Patrol Team.

6. Public hearing and introductory ordinance authorizing the City Manager to accept Fiscal Year 2007-2008 Federal Planning Funds (PL112) in the amount of $104,412.33 and amending the City of Laredo’s 2008 General Fund Budget to match PL112’s budget by increasing revenues by $104,412.33 and expenditures by $104,412.33. The PL112 Funds come from the 2008-2009 approved Unified Planning Work Program (UPWP).

7. Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2007-2008 Parking Meter Fund Budget by appropriating expenditures in the additional amount of $97,000.00 from the Parking Meter Fund for the Riverfront Parking Lot Restructuring Project.

8. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Special Use Permit for the storage of flammable and explosive products on Lots 1 thru 8, Block 2, Emerald Hills Subdivision, located at 1102 Bob Bullock Loop. The Planning and Zoning Commission has recommended approval of the

3 special use permit. The proposed use is storage of flammable and explosive products. District II

9. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 1, Block 1, Eva Mejia Subdivision, and 1.90 acres as further described by metes and bounds in attached Exhibit “A,” located at 5811 E. Saunders Street, from B-3 (Community Business District) and B-4 (Highway Commercial District) to M- 1 (Light Manufacturing District). The Planning and Zoning Commission has recommended approval of the zone change. The proposed use is warehouse. District II

10. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for a child daycare on .16 acres out of Block 55, Calton Gardens #2, as further described by metes and bounds in attached Exhibit “A,” located at 5215 Springfield Avenue. The Planning and Zoning Commission has recommended approval of the Conditional Use Permit. The proposed use is child daycare. District V

11. Public hearing and introductory ordinance amending a Conditional Use Permit for a tire shop on Lot 1, Block 806, Eastern Division, located at 402 S. Meadow Avenue by extending the permit for a five year time period. The Planning and Zoning Commission has recommended approval of the Conditional Use Permit. The proposed use is tire shop. District III

12. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 1 and the west one- fourth (1/4) of Lot 2, Block 1548, Eastern Division, located at 2601 Clark Boulevard, from R-1 (Single Family Residential District) to R-O (Residential Office District); providing for publication and effective date. The Planning and Zoning Commission has recommended denial of the zone change. The proposed use is weight loss center. District IV (Recess) (Press Availability)

VIII. INTRODUCTORY ORDINANCES

13. Authorizing the City Manager to execute an Amendment to the Scheduled Airline Operating Agreement and Terminal Building Lease with Allegiant Air approved on July 17, 2006, by Ordinance No. 2006-O-157 for exclusive and non-exclusive joint use space located at the Laredo International Airport passenger terminal for the purpose of conducting commercial air transportation services. Said Amendment effective January 1, 2008, extends the term to end on December 31, 2010, in order to coincide with other existing Scheduled Airline Operating Agreements, provides an

4 incentive to air for new service to new destinations and incorporates the rental rate structure agreed with the other airlines operating at the Laredo International Airport. However, it is agreed by the Parties that this agreement may be terminated by either party without cause on not less than ninety (90) days’ written notice from the party terminating to the other. The monthly rent is $2.50 per enplaned revenue passenger for the first 20,000 enplaned revenue passengers, $2.25 per enplaned revenue passenger for the next 10,000 enplaned revenue passengers, $2.00 per enplaned revenue passenger for next 10,000 enplaned revenue passengers and $1.75 per enplaned revenue passenger for 40,001+ enplaned revenue passengers. The airline’s landing fee obligation shall be $0.75 per thousand pounds Maximum Certificated Gross Landing Weight of the airline’s aircraft; providing for an effective date.

14. Designating as a one-way eastbound the 1400 block of Ugarte Street, between Santa Maria Avenue and Juarez Avenue, as a one-way southbound the 3800 and 3900 block of Juarez Avenue, between Ugarte Street and Boston Street, and as a one-way Westbound the 1400 block of Boston Street, between Juarez and Santa Maria Avenue, during the peak hours of 7:00 a.m. to 8:15 a.m. and 2:30 p.m. to 3:45 p.m., Monday thru Friday during school days, providing for the installation of appropriate signs to indicate one-way traffic; providing for publication and an effective date.

15. Designating as a one-way northbound the 1700 and 1800 Block of McPherson Avenue, between Galveston Street and Lane Street, and designating as a one-way eastbound the 1200 and 1300 block of Lane Street, between McPherson Avenue and Loring Avenue during the peak hours of 7:00 am. to 8:15 a.m. and 2:30 p.m. to 3:45 p.m., Monday thru Friday, during school days, providing the installation of appropriate signs to indicate one-way traffic and providing for publication and an effective date.

16. Amending Chapter 19, “Motor Vehicles and Traffic” Article VIII; Stopping, Standing or Parking, of the Code of Ordinances of the City of Laredo; specifically Section 19-364, Restricted Parking Areas, establishing a “No Parking Anytime/Tow Away Zone” on the North and South side of Village Boulevard, between Springfield Avenue and 800 feet east of Springfield Avenue and the east and west of Martingale between Village Boulevard and 300 feet south of Village Boulevard, within City limits of Laredo; providing for severability and for an effective date and publication.

17. Adding new Section 19-382 to Article X [Impoundment of Vehicles] of Chapter 19 [Motor Vehicles and Traffic] of the Code of Ordinances; said Section 19-382 authorizing the Police Department to adopt a city-wide policy for the towing and impoundment of vehicles when the operator has either failed to maintain or cannot present proof of financial responsibility as required by State Law; and establishing an effective date.

IX. FINAL READING OF ORDINANCES

18.

2008-O-092 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 10, Block 97, Western Division, located at 419 Farragut Street, from R-3 (Mixed Residential District) to R-O (Residential/Office District); providing for an effective date and publication...

2008-O-093 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning all Blocks 488, 488A, 489, 489A, and Lot 1, the west 44.34 feet of Lot 2, the north 55.1 feet and the west 33.3 feet of Lot 7, and all Lot 8, Block 490, Eastern Division, located at 4401 San Francisco Avenue, from MXD (Mixed Use Development District) to B-3 (Community Business District); providing for an effective date and publication.

2008-O-094 Accepting a supplemental grant awarded and amending the City of Laredo FY 2007-2008 Financial Task Force grant budget by increasing revenues and expenditures in the amount of $15,577.00 for operational expenses awarded by the Office of the National Drug Control Policy (ONDCP) High Intensity Drug Trafficking Area (HIDTA). Funds will be used to pay overtime expenses for The Laredo Financial Narcotics Enforcement Team agents from January 1, 2008 through December 31, 2008.

2008-O-095 Amending the City of Laredo Health Department Fiscal Year 2007-2008 annual budget by appropriating revenues and expenditures in the amount of $14,513.00 of additional funds from the South Texas Development Council to the Health Department’s HIV/Health & Social Services for a total amount of $137,555.00 from the period of September 1, 2007 through August 31, 2008.

2008-O-096 Amending the City of Laredo Health Department FY 2007- 2008 annual budget by decreasing $111,315.00 in funds due to a realignment of funds from the Texas Department of State Health Services, for a total amount awarded of $181,622.00 which includes an estimated Program Income of $22,814.00 for the prenatal services provided by the Health Department Maternal and Child Health (MCH-Title V

6 Fee-For Services) Program, for the period of September 1, 2007, through August 31, 2008.

2008-O-097 Authorizing the City Manager to accept a National Network of Libraries of Medicine South Central Region (NN/LM SCR) award in the amount of $5,000.00 and to amend the City of Laredo Friends of the Library Fiscal Year 2007-2008 annual budget by appropriating said funds. This is a cost- reimbursement award.

2008-O-098 Authorizing the City Manager to accept the 21st Century Innovation-Library Technology Grant from the Texas Book Festival in the amount of $5,000.00 and amending the City of Laredo Library Fiscal Year 2007-2008 Annual Budget. Funds will be used to purchase four (4) computers to create an e-mail kiosk for the Main Library.

2008-O-099 Amending Article IX [Swimming Pools] of Chapter 15 Section 144 Number 19 changing the amount of liability insurance from $1,000,000.00 to $500,000.00 and to increment said $500,000.00 annually by $250,000.00 until amount of insurance is no less than $1,000,000.00.

2008-O-100 Authorizing the City Manager to execute a lease agreement with the Boys and Girls Club of Laredo. This agreement authorizes the lease of an unimproved tract of real property (as depicted in the lease agreement in Exhibit “A”), A 44,609 square foot parcel, more or less, out of City of Laredo 20.0177 acre tract of record in Volume 1614, Pages 520 thru 530, Official Public Records of Webb County, Texas, situated in Porcion 22, Abstract 277, in the North Central Park located along International Boulevard, Laredo, Texas, County of Webb. This agreement establishes a fee of $1.00 per annum for a term of forty (40) years.

2008-O-101 Closing as a public easement that section of the 1900 block of Calton Road between Maher and Thomas Avenues as per the Laredo Airport Plat recorded in Vol. 5, Page 1, Webb County Plat records situated in the City of Laredo, County of Webb, Texas and providing for an effective date.

2008-O-102 Authorizing the City Manager to execute an Amendment to the Lease Agreement approved on March 1, 1998, by Ordinance No. 99-O-064 between the City of Laredo, as Lessor, and The Laredo National Bank, as Lessee, for the approximate 5,632 square feet constituting Building No.

7 146 located at 4401 Maher Avenue at the Laredo International Airport. Said Amendment specifically amends Lessee’s name from The Laredo National Bank to Compass Bank, an Alabama banking corporation, and amends Section 1.03, Option to Extend, allowing Lessor and/or Lessee to have the right to terminate the Lease Agreement at any time with or without cause, and without any penalty, upon ninety (90) days prior written notice from the party terminating to the other, and amends Section 1.06, Rent Adjustments Based on Appraisals, wherein Lessor and Lessee agree that the monthly rent shall be $1,860.00 commencing on July 1, 2006, and that such rent be adjusted according to changes in the Consumer Price Index provided for in Section 1.05, Rental Escalation, on July 1, 2007, and annually thereafter. All other terms and conditions of the lease remain unchanged and in effect; providing for an effective date.

X. RESOLUTIONS

19. 2008-R-039 Confirming the appointment/reappointment for a member of the Fire Fighter’s & Police Officers Civil Service Commission of the City of Laredo.

20. 2008-R-044 Authorizing the City Manager to execute Amendment No. 1 to Grant agreement CSJ No. M822LREDO with the Texas Department of Transportation under the Routine Airport Maintenance Program; specifically, amending Attachment A-Scope of services. The amendment will add Poly Flex III sealant for cracks within the airfield and general aviation areas. All work described in Attachment A shall be accomplished by August 31, 2008.

21. 2008-R-045 Authorizing the City Manager to submit a grant application to the Federal Aviation Administration (FAA) in the amount of $2,000,000.00 for airport noise mitigation under FAR Part 150 Noise Abatement Program at the Laredo International Airport. The City’s five (5%) percent local land match in the amount of $105,263.16 is available through the land purchased in Fiscal Year 2006 (Rash Tract).

22. 2008-R-046 Accepting the donation of the “Surface Only” of one (1) parcel of land from North House Properties, Ltd., for general purpose use by the City of Laredo. Said parcel being Lot No. 104, Block No. 4, University Park Subdivision, Phase 5, as per Plat recorded in Volume 20, Page 28, Webb County Plat Records, and described in attached Exhibit A.

8 23. 2008-R-047 Authorizing the City Manager to submit a grant application to the Federal Aviation Administration for Entitlement Funds in the amount of $900,000.00 to acquire Runway Protection Zone parcel to Runway 35L, contract for A & E Professional Services to prepare plans and specifications to rehabilitate General Aviation Apron Phases 5 and 6, upgrade passenger terminal automation and security access systems, and seal coat portion of Runway17R/35L. The City’s five (5%) percent local land match in the amount of $47,369.00 is available through the land purchased in Fiscal Year 2006 (Rash Tract).

24. 2008-R-048 Authorizing the City Manager to submit a grant application to the Target Corporation in the amount of $2,000.00 for promotional supplies. The grant is to be funded under the Target and Blue Law Enforcement Program for the period of October 1, 2008 through September 30, 2009 at no cost to the City.

25. 2008-R-049 Supporting and adopting the May 2008 City of Laredo Parks and Leisure Parks and Open Space Master Plan to serve as a standard and guideline for the development of future park areas and the improvement of existing facilities to provide quality recreation to all citizens of Laredo.

XI. MOTIONS

26. Motion to re-designate $100,000.00 that were previously authorized for the Animal Shelter from the following districts toward Industrial Park Street Improvements:

District 1 $10,000.00 District 4 $5,000.00 District 7 $10,000.00 District 2 $50,000.00 District 5 $10,000.00 District 3 $10,000.00 District 6 $5,000.00

The Animal Shelter will be funded from the Capital Improvement Fund.

27. Amending the contract with the Laredo Animal Protective Society to provide for an additional $100,000.00 in funding for capital improvements to the Animal Shelter and up to $12,000.00 as supported through the City of Laredo Health Department’s collection of vacunas. Funding is available in the Capital Improvements Fund.

28. Providing that the motion approved by City Council on March 10, 2008 which authorized that FY 2007 -2008 Third Party funding for the Webb County Community Action Agency’s (CAA) Meals on Wheels Program be increased by $12,000.00 be amended to provide that the $12,000.00 increase be divided equally between CAA’s Elderly Nutrition Program and the Meals on Wheels Program.

9 29. Consideration for approval of change order no. 3 a decrease of $6,460.00 for the balance of quantities actually constructed in place, acceptance of the Bristol Road Drainage Improvement and approval of final payment in the amount of $97,385.00 to SER Construction Partners, Pasadena, Texas. Final construction contract amount is $470,260.00. Funding is available in the 2005 CO Bond and the 32nd Action Year-Community Development.

30. Consideration to amend contract FY06-055 currently awarded to Cantu Electric, Laredo, Texas, for furnishing of machinery, equipment, labor and all other services necessary for the maintenance of street lights (not maintained by AEP) services for the Traffic Department by increasing the contract amount by $75,000.00 to a new contract amount of $375,000.00. Due to an increase in electrical service projects and repairs, the proposed amendment would increase the current contract in order to provide funding for the remainder of the contract term. Funding is available in the General Fund-Traffic Safety Budget, and 2007 C.O. Bond.

31. Consideration to authorize the City Manager to enter into contract with Gulf Coast Emergency Vehicles, a division of Houston Freightliners, Inc., Houston, TX in the total amount of $1,396,995.00 for the purchase of two (2) fire pumper trucks, three (3) brush tankers, and one (1) ambulance utilizing the Houston-Galveston Area Council of Governments (H-GAC) cooperative purchasing agreements. Funding will be used from the 2007 Certificate of Obligation Bond and will be reimbursed once the 2008 Certificate of Obligation Bond is sold.

32. Consideration to award supply contract number FY08-064 to the following bidders:

1. Screen Crushed Concrete, Laredo, Texas, in the estimated amount of $281,000.00, for the purchase of flexible base crushed concrete (picked up at vendor’s yard and job site delivered);

2. Leyendecker Materials, Laredo, Texas, in the estimated amount of $191,000.00, for the purchase of flexible base – type B (picked up at vendor’s yard), gravel (picked up at vendor’s yard and job site delivered) and sand (picked up at vendor’s yard);

3. Brothers Materials, Laredo, Texas, in the estimated amount of $176,500.00, for the purchase of flexible base (picked up at vendor’s yard and job site delivered) and sand (job site delivered); for the purchase of materials required for all city paving and construction projects.

The term of this contract is for a one (1) year period and is subject to the availability of funds. All materials are purchased on an as needed basis

10 utilizing the Public Works Department, Utilities Department, and construction projects budgets.

33. Approving monthly adjustments to the tax roll. The amounts to be adjusted for the month of April 2008 represent an increase of $39,632.39. These adjustments are determined by Webb County Appraisal District and by court orders.

34. Refund of property tax in the amount of $1,336.98 payable to Litton Loan Servicing, LP due to an overpayment. Account #986-00004-320.

35. Authorizing the City Manager to execute a contract for the purchase of 2000 ac/ft of municipal water rights from Harlingen Irrigation District, Cameron County No. 1 at a cost of $2,250 per ac/ft for the sum of $4,500,000.00 (651,600,000 gallons). Funding is available in Waterworks Fund.

36. Awarding a contract to Dynamic Pump Systems, Austin, Texas; in the amount of $111,000.00 for the Mary Help of Christians (MHOC) Booster Station Pump Procurement Project. The project consists of procurement of two (2) new 400 HP pumping units for the new pressure plane and one (1) new 350 HP pumping unit for the existing pressure plane served by the MHOC station. Funding is available in the 2006 Bond issue.

37. Authorizing the City Manager to award an engineering contract with Crane Engineering Corporation – Laredo, Texas in the amount of $62,395.00 to prepare plans and specifications for house to line connections for water and wastewater services for 126 lots at D-5 Acres, Laredo Ranchettes and Ranchitos 359 East. This project is funded by the North American Development Bank (NADB). Funds are available in the Colonias Fund.

38. Consideration to amend purchase order issued to Schindler Elevator Corporation, San Antonio, Texas, by increasing the total to $39,144.00 which is an increase of $22,821.00 for furnishing parts and labor and for the repair of the damaged escalator at the Laredo International Airport. Due to the continuous use of the escalator, it is essential that the repair be completed. Funding is available in the Airport Budget.

39. Consideration to exercise the renewal option for contract FY07-085 to the low bidder SOS Liquid Waste Haulers, LTD Co., San Antonio, Texas, in the estimated amount of $50,000.00 to analyze, profile, transport and dispose of contaminated water at the Solid Waste. The term of this contract will be for a one year period with an option to extend this contract for two (2), one (1) year terms. Funding is available in the Solid Waste Department budget.

40. Consideration to award annual service contract FY08-075 to the sole bidder, Freedom Construction, Laredo, Texas in the estimated amount of

11 $80,000 for furnishing cleaning services for domestic sewage back-ups into private properties. The frequency and number of service calls will vary depending on the City’s need. Funding for this service is available in the Utilities Department- Wastewater Collection Division.

41. Consideration to authorize the purchase of: a. two (2), 2008 Heil DP Python 28 yard automated side loaders in the amount of $182,623.20 from Heil of Texas through the BuyBoard Cooperative program and; b. two (2) 2008 Peterbilt 320 cab and chassis for the side loaders in the amount of $252,526.00 from Rush Truck Centers of Texas L.P., through the Houston Galveston Area Council of Governments (H-GAC). This equipment will be assigned to the Solid Waste’s Sanitation Department. Funding is available from the 2007 certificates of obligation bond proceeds.

42. Consideration to award annual supply contract FY08-021 to: a) All States Coatings, Goldwater, Texas, in the estimated amount of $50,000.00 for providing airfield marking paint for the Airport Department. This contract establishes contract pricing for airport marking paint for the runway and taxiway striping for a one (1) year period. b) Authorize that all bids received for the traffic marking paint be rejected, and; c) The traffic marking paint will be purchased from Ennis Paint, Ennis, TX utilizing a State of Texas - Department of Transportation (TXDOT) piggyback contract. All items will be purchased on an as needed basis. Funding is available in the Airport Construction fund – TXDOT RAMP Grant 2008 Budget and Traffic Safety Division Budget.

XII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

43.

A. Request by Council Member Mike Garza 1. Discussion with possible action on adding street lights at Los Presidentes by using Discretionary Funds in the amount not to exceed $10,000.00.

B. Request by Council Member Hector J. Garcia 1. Discussion with possible action on upgrading street lights in District II by using Discretionary funds in the amount not to exceed $15,000.00.

C. Request by Council Member Dr. Michael Landeck 1. Discussion with possible action on installing lights at the Santa Rita Championship soccer fields by using CDBG funds.

D. Request by Council Member Johnny Amaya 1. Discussion with possible action on using Discretionary Funds for computers at the Inner City Park Recreation Center in the amount of $15,000.00 and $80,000.00 to purchase and install sun shades at the parks located in District IV.

2. Discussion with possible action to designate $100,000.00 towards the Laredo Family Recovery Center for improvements to City owned property from the Capital Improvements line item. In turn $100,000.00 from District IV Discretionary Funds (bond proceeds) will be transferred to the Industrial Park Project.

E. Request by Council Member Johnny Rendon 1. Discussion with possible action to place two (2) school zone flashing lights at the end of Mayberry Street and the entrance to Clark Elementary School, to be funded by District V Discretionary Funds.

2. Discussion with possible action on placing a chain link fence for residents of the Laredo Municipal Housing located in District V.

3. Discussion with possible action to designate $50,000.00 towards the Laredo Family Recovery Center for improvements to City owned property from the Capital Improvement line item. In turn $50,000.00 from District V Discretionary Funds (bond proceeds) will be transferred to the Industrial Park Project.

F. Request by Mayor Pro-Tempore Belmares 1. Discussion with possible action on creating a zero tolerance policy for code enforcement. 2. Discussion with possible action on rejoining the South Texas Rain Enhancement Program. 3. Discussion with possible action on the Parks Master Plan and park projects in District VI. 4. Discussion with possible action on the Center for the Arts lease.

XIII. STAFF REPORTS

44. A. Status report regarding a “plastic free” community ordinance, with possible action.

13 B. Presentation regarding a community city day event at the Laredo Entertainment Center (LEC) of exhibition soccer game by the Leyendas de El Clasico America vs. Guadalajara on Saturday, June 14, 2008 and co-sponsored by the Convention & Visitors Bureau, with possible action.

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

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

45. Consideration to extend and modify the current bus shelter advertising contract with Lamar Company, L.L.C. D/B/A/ Lamar Advertising of Laredo for an additional Ten (10) years starting February 23, 2011, with one (1) five (5) year option for the purpose of: (a) Installing an additional fifty (50) new bus shelters over the next ten (10) years (b) In lieu of the average $20,000.00 paid to the City, Lamar will maintain an additional 270 benches belonging to the City of Laredo and 105 bus shelters belonging to Lamar (c) Assume costs of repairs and vandalism up to $50,000.00 per year on Lamar inventory. (d) The option to pilot a new project for additional revenue opportunities for the City and Lamar by selling advertising displays in the bus tunnel terminal walls at 35% revenue share. (e) At no charge, Lamar will provide up to 10% of unsold advertising space currently valued at $36,000.00 and ad design services valued at $150.00 per hour that will be used for El Metro discretion.

46. Consideration to extend and modify the current contract FY04-047 between the City of Laredo and bus ads for bus exterior and interior advertising service by extending the contract for an additional ten (10) years commencing from June 1, 2009 to May 31, 2019 with one (1) additional five (5) year option for the following purpose: a. The City shall have the right to use 10% of unsold exterior space and 20% of unsold interior space at no charge. b. Providing the City of Laredo with artwork, vinyl and installation of city’s advertisement at cost. Providing the City of Laredo with venue to promote city departments and city sponsored events.

14 RECESS AS THE LAREDO MASS TRANSIT BOARD AND RECONVENE AS THE LAREDO CITY COUNCIL.

XVI. ADJOURNMENT This notice was posted at the Municipal Government Offices, 1110 Houston Street, Laredo, Texas, at a place convenient and readily accessible to the public at all times. Said notice was posted on Wednesday, May 14, 2008 at 7:40 p.m.

Gustavo Guevara, Jr. City Secretary

15 COUNCIL COMMUNICATION DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE Amending the City of Laredo Health Department FY 2007-2008 budget by increasing 05/19/2008 revenues and expenditures in the amount of $183,848, a one time additional funds for equipment and supplies from Texas Department of State Health Services for the Health Department Public Health Preparedness and Epidemiology Program, for a total amount awarded of $561,390 for the term period September 1,2007 to July 3 1,2008. INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy City Manager Health Director PREVIOUS COUNCIL ACTION: On January 7, 2008, Council approved Ordinance No. 2008-0-005 for $145,933 of additional funds fi-om the Texas Department of State Health Services for the Health Department Public Health Preparedness and Epidemiology Program (Pandemic Influenza), for a total amount awarded of $377,542, Also the term was changed from ending on August 31, 2008 to end on July 31, 2008, and requesting to amend the approved full-time equivalent positions. BACKGROUND:

The Texas Department of State Health Services continues to contract 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 City of Laredo Health Department activated the local public health surveillance and prevention preparedness and response bio-terrorism plan (BT). The Public Health Preparedness, and Epidemiology is federally funded and can only be used for developing disease surveillance infi-astructure, preparedness planning, response, training and Early Warning Infectious Disease Surveillance (EWIDS). The PHP services include the counties of Webb, Zapata, Jim Hogg, and Duval.

This amendment is a one time additional funds for equipment and supplies from TDSHS to the Health Department Public Health Preparedness and Epidemiology Program for the term period September 1, 2007 to July 3 1,2008, with the contract expenses monitored through two accounts 226-6032 and 226-6037.

BUDGET ON NEXT PACE

FINANCIAL: The City of Laredo will receive $183,848 in additional funds, for the Public Health Preparedness and Epidemiology Program of the City of Laredo Health Department, term period from September 1, 2007, through July 3 1, 2008. The revenue accounts are: 226-0000-323-4089 with expenditure diGision 226-6032. COMMITTEE RECOMMENDATION: STAFF: Recommends that Council introduce the ordinance. Health Preparedness and Epidemiology PU 2007-2008 226-6032 and 226-6037 ORDINANCE

AMENDING THE CITY OF LAREDO HEALTH DEPARTMENT FY 2007-2008 BUDGET BY INCREASING REVENUES AND EXPENDITURES IN THE AMOUNT OF $183,848, A ONE TIME ADDITIONAL FUNDS FOR EQUIPMENT AND SUPPLIES FROM TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR THE HEALTH DEPARTMENT PUBLIC HEALTH PREPAREDNESS AND EPIDEMIOLOGY PROGRAM, FOR A TOTAL AMOUNT AWARDED OF $561,390 FOR THE TERM PERIOD SEPTEMBER 1,2007 TO JULY 31,2008.

WHEREAS, The City of Laredo Health Department activated the local public health surveillance and prevention preparedness and response bio-terrorism plan (BT). The Public Health Preparedness and Epidemiology is federally funded and can only be used for developing disease surveillance infrastructure, preparedness planning, response, training and Early Warning Infectious Disease Surveillance (EWIDS). The PHP services include the counties of Webb, Zapata, Jim Hogg, and Duval.

WHEREAS, This amendment is a one time additional funds for equipment and supplies fi-om TDSHS to the Health Department Public Health Preparedness and Epidemiology Program for the term period September 1, 2007 to July 31, 2008, with contract expenses monitored through two accounts 226-6032 and 226-6037.

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

Section 1 : Amending the City of Laredo Health Department's FY 2007-2008 budget by increasing revenues and expenditures in the amount of $183,848 of additional fimds from the Texas Department of State Health Services for a total amount awarded of $561,390 to the Department's-Public Health Preparedness and Epidemiology Program for the term period September 1, 2007 through July 3 1,2008.

Section 2: Revenue line item 226-0000-323-4089 funded by the Texas Department of Health is hereby increased by $1 83,848.

Section 3: Expenditure divisions 226-6032 is hereby increased by $183,848.

Section 4: The City Manager is hereby authorized to make transfers within the budget as allowable under the General Provisions of the existing general contract with the Texas Department of State Health Services to meet the necessary costs to accomplish the scope of work for the program. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR

ON THIS DAY OF ,2008.

HON. RAUL G. SALINAS MAYOR ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: Raul Casso ,City Attorney

VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE Amending the City of Laredo Health Department FY 2007-2008 budget by increasing revenues OW9/2OO8 and expenditures in the amount of $202,406 of additional funds from the Texas Department of State Health Services for a total amount awarded of $952,406 for the Health Department Public Health Preparedness and Epidemiology Program (PHP), for renovation of the Department's Laboratory to a functional Bio-Safety Level3 facility. Also changing the term period L(September 1, 2006 to August 31, 2008) to September 1,2006 through July 3 1,2008. 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 a Motion to extend the contract term from the TDSHS in the amount of $750,000 for the Health Department's Public Health Preparedness and Epidemiology Program (PHP) for renovation of the Department's Laboratory to a functional Bio-Safety Level3 facility with an additional twelve months, from September 1,2006 through August 3 1,2008 BACKGROUND: The Texas Department of State Health Services 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 Health Department provides local public health surveillance and prevention preparedness and response for all public health threats as well as detection and testing. The Public Health Preparedness and Epidemiology Program (PHP) plan is federally funded for developing disease surveillance infrastructure, preparedness planning, response and training, testing and detection. The PHP services include the counties of Webb, Zapata, Jim Hogg, and Duval.

The City of Laredo Health Department-was awarded $750,000, term from September 1,2006 to August 31, 2007 from the Texas Department of State Health Services. DSHS has extended the term of this grant an additional twelve months, September 1, 2007 to August 31, 2008 so the Department's Public Health Preparedness and Epidemiology Program (PHP) can complete the upgrade of the laboratory to a finctional Bio-Safety Level-3 (BSL-3) facility to increase disease surveillance and early event detection along the TexasIMexico border.

This amendment increases the amount of funds awarded from the Texas Department of State Health Services by $202,406 for a total amount of $952,406, and changes the term from ending on August 31, 2008 to end on July 3 1,2008.

BUDGET ON NEXT PAGE

FINANCIAL: The City of Laredo will receive an additional $202,406 in funds from TDSHS for the Health Department's Public Health Preparedness and Epidemiology Program to upgrade the Department's laboratory to a finctional Bio-Safety Level-3 (BSL-3) facility. The term is from September 1, 2006 to July 3 1, 2008. Revenue account no. 226-0000-323-4025, and expenditure account no. 226-6010. RECOMMENDATION: ( STAFF: Recommends that Council introduce the Public Health Preparedness and Epidemiology Program (PHP) Continues FY 2007-2008 Acct 226-6010

Lab Renovation Budget AWllENDING THE CITY OF LAREDO HEALTH DEPARTMUENT FY 2007-2008 BUDGET BY INCREASING REVENUES AND EXPENDITURES IN THE AMOUNT OF $202,406 OF ADDITIONAL FUNDS FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR A TOTAL AMOUNT AWARDED OF $952,406 FOR THE HEALTH DEPARTMENT PumcHEALTH PREPAREDNESS AND EPIDEMIOLOGY PROGRAM (PHP), FOR RENOVATION OF THE DEPARTMENT'S LABORATORY TO A FUNCTIONAL BIO-SAFETY LEVEL3 FACILITY. ALSO CHANGING THE TERM PERlOD (SEPTEMBER 1,2006 TO AUGUST 31,2008) TO SEPTEMBER 1,2006 THROUGH JULY 31,2008.

WHEREAS, The Texas Department of State Health Services continues to contract with the City of Laredo to provide public health services to residents of Laredo and Webb County through the City of Laredo Health Depaxtment. The Health Department provides local public health surveillance and prevention preparedness and response for all public health threats as well as detection and testing.

WHEREAS, The Public Health Preparedness and Epidemiology Program (PHP) plan is federally funded for developing disease surveillance infrastructure, preparedness planning, response and training, testing and detection. The PHP services include the counties of Webb, Zapata, Jim Hogg, and Duval.

WHEREAS, This amendment increases the amount of funds awarded from the Texas Department of State Health Services by $202,406 for a total amount of $952,406, and changes the term fiom ending on August 3 1,2008 to end on July 3 1, 2008 for the Department's Public Health Preparedness and Epidemiology Program (PHP) complete the upgrade of the laboratory to a functional Bio-Safety Level3 (BSL-3) facility to increase disease surveillance and early event detection along the TexasIMexico border.

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

Section 1: Amending the City of Laredo Health Department's FY 2007-2008 budget by increasing revenues and expenditures in the amount of $202,406 of additional funds from the Texas Department of State Health Services for the Department - Public Health Preparedness and Epidemiology Program. Changing the term period fiom ending on August 3 1,2008 to end July 3 1, 2008.

Section 2: Revenue account no. 226-0000-323-4025 is increased by $202,406,

Section 3: Expenditure account no. 226-6010 is hereby increased by $202,406, for a total amount awarded of $952,406.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR

ON THIS DAY OF ,2008.

HON. RAUL G. SALINAS MAYOR ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: Raul Casso ,City Attorney

VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION

DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE Amending the City of Laredo Health Department FY 2007-2008 annual budget by 05/19/2008 appropriating revenues and expenditures in the amount of $412,985.00 in funds from the South Texas Development Council for continuation of the Department's

IHIVIRyan White Program for the term from April 1,2008 through March 3 1,2009. INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy City Manager Health Director PREVIOUS COUNCIL ACTION: On November 5,2007, Council approved Ordinance No. 2007-0-21 1 for $68,716.00 of additional funds from the South Texas Development Council, and amending the full-time equivalent positions by creating one (1) full-time Caseworker position with benefits for the Department's HIV/Ryan White Program; total award amount of $4017433.00,term April 1,2007 through March 3 1,2008. BACKGROUND: The South Texas Development Council has continued to contract with the City of Laredo to provide public health services to residents of Laredo and Webb County through the City of Laredo Health bepartment. Services Program whose purpose is to plan, develop &d deliver comprehensive outpatient health and support services to meet the identified needs of individuals and families with AIDS or HIV disease in the Health Service Delivery Area (HSDA): Jim Hogg, Starr, Zapata, and Webb Counties. Services to be provided may include, but are not limited to: e Ambulatory/outpatient medical care; case management; dental care; home health care; para- professional care; professional care; specialized care; durable medical equipment; hospice care, - home-based and residential; medications; mental health therapy/counseling; nutritional services; rehabilitation care; substance abuse treatment/counseling; and 9 Support services; adoptiordfoster care assistance; buddy/companion services; client advocacy; counseling; day and respite care; food bankhome delivered meals; housing assistance/housing related services; transportation; other support services; and Insurance assistance; assistance is provided to eligible individuals with HIV disease in order to maintain continuity of healtwdental insurance; or receive medical benefits under a healtwdental insurance program. Insurance assistance funds may be used for payment of insurance premiums, deductibles, co-insurance payments, and related administrative costs.

Budget on next page

FINANCIAL: The City of Laredo will receive $412,985.00 fiom the South Texas Development Council for the Health Department's HIV/AIDS Ryan White Program, term from April 1,2008 to March 3 1, 2009, revenue 226-0000-323-405 1, expenditure division 226-6020 (Project Name HERWO1). RECOMMENDATION: STAFF: Recommends that Council introduce the ordinance. HIVRyan White Program FY 2008 - 6020 (Project Name HERWOI)

HIVRyan White Budget FY 2008

BUDGET

OTHER 4,590 I ORDINANCE

AMENDING THE CITY OF LAREDO HEALTH DEPARTMENT FY 2007-2008 ANNUAL BUDGET BY APPROPRIATING REVENUES AND EXPENDITURES IN THE AMOUNT OF $412,985.00 IN FUNDS FROM THE SOUTH TEXAS DEVELOPMENT COUNCIL FOR CONTINUATION OF THE DEPARTMENT'S HIV/RYAN WHITE PROGRAM FOR THE TEM FROM APRIL 1, 2008 THROUGH MARCH 31,2009.

WHEREAS, the South Texas Development Council (STDC) continues to contract 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 HIV Ryan White Care Title I1 Services Program serves to plan, develop and deliver comprehensive outpatient health and support services to meet the identified needs of individuals and families with AIDS or HrV disease in the Health Service Delivery Area: Jim Hogg, Stan; Zapata, and Webb Counties, and services to be provided may include, but are not limited to: 1. Ambulatory/outpatient medical care; case management; dental care; home health care; para-professional care; professional care; specialized care; durable medical equipment; hospice care, home-based and residential; medications; mental health therapytcounseling; nutritional services; rehabilitation care; substance abuse treatment/counseling; and 2. Support services; adoptionlfoster care assistance; buddylcompanion services; client advocacy; counseling; day and respite care; food banMhome delivered meals; housing assistancethousing related services; transportation; other support services, and 3. Insurance assistance; assistance is provided to eligible individuals with HTV disease in order to maintain continuity of healthldental insurance; or receive medical benefits under a healthldental insurance program. Insurance assistance funds may be used for payment of insurance premiums, deductibles, co- insurance payments, and related administrative costs.

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

Section 1: Amending the City of Laredo Health Department FY 2007-2008 budget by appropriating revenues and expenditures in the amount of $412,985 in funds fkom the South Texas Development Council for the Health Department HIV/Ryan White Program, term period from April 1,2008, through March 3 1,2009.

Section 2: The revenue line item 226-0000-323-4051 is hereby increased by $412,985.

Section 3: The expenditure division 226-6020 (Project Name HERWOI) is hereby increased by $412,985. 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 South Texas Development Council 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 DAY OF ,2008.

RAUL G. SALINAS MAYOR ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETAIR,Y

APPROVED AS TO FORM: Raul Casso, City Attorney

VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE 0511 9/08 AMENDING THE CITY OF LAREDO FISCAL YEAR 2008 CAPITAL IMPROVEMENT FUND BUDGET BY APPROPRIATING REVENUES AND EXPENDITURES IN THE AMOUNT OF $150,390 FROM FEMA STORM DAMAGE RECOVERY FUNDS FOR USE IN REPAIRS AT SANTA RITA PARK.

INITIATED BY: STAFF SOURCE: Jesus Olivares Miguel A. Pescador Assistant City Manager I Parks and Recreation Director I PREVIOUS COUNCIL ACTION: None.

BACKGROUND: The Santa Rita Park sustained heavy erosion and numerous park improvements were damaged as a result of heavy rainfall during July 2007 storm events. FEMA representatives visited the park site with parks staff on numerous occasions to assess the damages and review the cost estimates of repairs. Project worksheets detailing the damages and repair cost estimates were submitted to FEMA for consideration. Funds for repairs have been awarded in the amount of $150,389.98. Upon the approval of appropriation of funds, the city will solicit bids from interested parties for the reconstruction of park improvements.

FINANCIAL IMPACT: The Fiscal Year 2007 -2008 Capital Improvement Fund budget will be amended as follows: Annual Budget Proposed Amended FY 07-08 Amendment Budget 07-08 Revenues: FEMA Storm Damages 402-0000-32 1-6 10 1

Expenditures: Santa Rita FEMA Storm Repairs 402-4322-535-4278

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA. Recommends approval. INTRODUCTORY ORDINANCE

AMENDING THE ClTY OF LAREDO FISCAL YEAR 2008 CAPITAL IMPROVEMENT FUND BUDGET BY APPROPRIATING REVENUES AND EXPENDITURES IN THE AMOUNT OF $150,390 FROM FEMA STORM DAMAGE RECOVERY FUNDS FOR USE IN REPAIRS AT SANTA RITA PARK.

WHEREAS, the Santa Rita Park sustained severe damage from heavy rainfall during the July 2007 storm events; and

WHEREAS, FEMA has awarded the City of Laredo fund in the amount of $150,389.98 to assist with storm repairs at Santa Rita Park; and

WHEREAS, the City of Laredo wishes to proceed with the reconstruction of damaged park amenities at Santa Rita to provide the community with much need recreational facilities, with the funds provided

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

1. The City Manager is authorized to amend the Capital Improvement Fund budget as follows:

Annual Budget Proposed Amended FY 07-08 Amendment Budget 07-08 Revenues: FEMA Storm Damages 402-0000-321-61 01

Expenditures: Santa Rita FEMA Storm Repairs 402-4322-535-4278

2. This Ordinance shall become effective upon passage thereof. PASSED AND APPROVED BY THE ClTY COUNCIL OF THE ClTY OF LAREDO ON THIS THE DAY OF ,2008.

Raul G. Salinas Mayor

ATTEST:

Gustavo Guevara City Secretary

APPROVED AS TO FORM:

Raul Casso City Attorney 1 i---*/ Kristina L. Hale Asst. City Attorney COUNCIL COMMUNICATION

DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE Amending the FY 2007-2008 Annual Fire Department Budget by appropriating revenues and expenditures in the amount of $9,037.00 for a donation by Laredo 05/19/08 Medical Center and Seven Flags RAC Trauma Service Area for the purpose to purchase bicycles, AWs, helmets and gloves for the Laredo Fire Department Bike Patrol team.

INITIATED BY: I STAFF SOURCE: Ms. Cynthia Collazo David H. Piton, Deputy City Manager Interim Fire Chief

PREVIOUS COUNCIL ACTION: None

BACKGROUND: The Laredo Fire Department EMS Division Bike Patrol unit was formed in 1999. Bike units are utilized in various community events to provide immediate on site medical treatment. Bike Patrol teams also conduct bike safety trainings to the community for the purpose of teaching the importance of following safety tips in riding a bicycle.

Local businesses have been supportive in providing funding to assure education materials are available to assist the Fire Department in keeping the City of Laredo a safe Community.

FINANCIAL IMPACT:

Amended Proposed Account Name: Account Number Budnet Budaet Amendment

Donations 101-0000-372-1 000 $ 6,000 $ 8,000 $ 2,000

Minor Apparatus 101-241 5-522-2400 $ 4,240 $ 6,240

Reserve 101-241 6-524-9900 $ 0 $ 7,037

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Staff recommends that City Council approves this Ordinance as presented. AN ORDINANCE

Amending the FY 2007-2008 Annual Fire Department Budget by appropriating revenues and expenditures in the amount of $9,037.00 for a donation by Laredo Medical Center and Seven Flags RAC Trauma Service Area for the purpose to purchase bicycles, ATV's, helmets and gloves for the Laredo Fire Department Bike Patrol team.

Whereas, the $9,037.50 will be used to purchase bicycles, ATV's, helmets and gloves for the Laredo Fire Department Bike Patrol team.

Whereas, The Laredo Fire Department's EMS Division Bike units are utilized in various community events to provide immediate on site medical treatment. Bike Patrol teams also conduct bike safety trainings to the community for the purpose of teaching the importance of following safety tips in riding a bicycle.

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

Section I:The City Manager is hereby authorized to accept the donation of $9,037.00 from Laredo Medical Center and Seven Flags RAC Trauma Service Area. These donations are to be used to purchase bicycles, ATV's, helmets and gloves for the Laredo Fire Department Bike Patrol team.

Section 2: The FY 2007-2008 Annual Operating Budget is hereby amended as follows:

Amended Proposed Account Name: Account Number Budget Budget Amendment

Donations 101-0000-372-1000 $ 6,000 $ 8,000 $ 2,000

RAC 101-0000-327-901 1 $12,000 $ 19,037 $ 7,037

Minor Apparatus 101-241 5-522-2400 $ 4,240 $ 6,240 $ 2,000

Reserve 101-241 6-524-9900 $0 $ 7,037 $ 7,037

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

RAUL G. SALINAS, MAYOR ATTEST:

Gustavo Guevara, Jr. City Secretary

APPROVED AS TO FORM: Raul Casso City Attprney

By: Valeria M. Acevedo, Asst. City Attorney COUNCIL COMMUNICATION DATE: I SUBJECT: PUBLIC HEARING AND INTRODUCTION OF ORDINANCE NO. 2008-0- 05-19-08 AUTHORIZING THE CITY MANAGER TO ACCEPT FY 2008 FEDERAL PLANNING FUNDS (PLI 12) IN THE AMOUNT OF $104,412.33 AND AMENDING THE CITY OF LAREDO'S 2008 GENERAL FUND BUDGET TO MATCH PLll2'S BUDGET BY INCREASING REVENUES BY $1 04,412.33 AND EXPENDITURES BY $104,412.33. THE PL112 FUNDS COME FROM THE 2008-2009 APPROVED UNIFIED PLANNING WORK PROGRAM (UPWP). INITIATED BY: STAFF SOURCE: Cynthia Collazo, Deputy City Manager Keith Sehnan, 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 and 2009 fiscal periods. The proposed amended budget has the following hnding sources: FHWA (PL112) $63 1,544.33 FTA (Section 5303) $142,992.00 TxDOT 5303 Cash Match $ 35,748.00 Total $810.284.33 FINANCIAL IMPACT: The following line items shall be increased accordingly:

Description Original Budget Proposed Amendment Amended Budget

Revenues: State Planning Grant $357,576.86 $104,412.33

Expenditures: State Planning Grant $357,576.86 $104,412.33

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Not applicable. Staff recommends approval. ORDINANCE NO. 2008-0-

AUTHORIZING THE CITY MANAGER TO ACCEPT FY 2008 FEDERAL PLANNING FUNDS (PL112) IN THE AMOUNT OF $104,412.33 AND AMENDING THE CITY OF LAREDO'S 2008 GENEML FUND BUDGET TO MATCH PLl12'S BUDGET BY INCREASING REVENUES BY $104,412.33 AND EXPENDITURES BY $104,412.33. 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) of 2005 authorizes fimds 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 of 20% of allowable costs; and,

Whereas, the UPWP describes and schedules the work to be undertaken by the Laredo MPO during the 2008 and 2009 fiscal periods; and,

Whereas, on July 26,2007, the Laredo MPO approved the FY 2008-2009 UPWP which totaled $783,591.OO in planning funds; and,

Whereas, on December 6,2007, the Federal Highway Administration (FHWA), the Federal Transit Administration, and the Texas Department of Transportation authorized $ 357,576 in total for expenditure by the MPO; and,

Whereas, on April 25,2008, the Texas Department of Transportation authorized an additional $104,412.33 dollars for expenditure by the MPO; and,

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 2008 FEDERAL PLANNING FUNDS (PL112) IN THE AMOUNT OF $104,412.33 AND AMENDING THE CITY OF LAREDO'S 2008 GENERAL FUND BUDGET TO MATCH PLI 12,s BUDGET BY INCREASING REVENUES BY $104,412.33 AND EXPENDITURES BY $104,412.33. 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 BudgetProposed Amendment Amended Budget

Revenues: State Planning Grant $357,576.86 $104,412.33

Expenditures: State Planning Grant $357,576.86 $104,412.33

Section 3: This ordinance shall become effective as and &om the date of passage.

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

RAUL G. SALINAS MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. 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 AMENDING THE CITY OF LAREDO FY 2007-2008 PARKING METER FUND BUDGET 0511 9108 BY APPROPRIATING EXPENDITURES IN THE ADDITIONAL AMOUNT OF $97,000 FROM AVAILABLE FUND BALANCE FOR THE RIVERFRONT PARKING LOT RESTRUCTURING PROJECT. INITIATED BY: I STAFF SOURCE:

Carlos Villarreal, City Manager Roberto Murillo, P.E., P.T.O.E., Traffic Safety Director Jesus Olivares, Asst. City Manager PREVIOUS COUNClL ACTION:

On November 19, 2007, City Council approved an amendment appropriating expenditures in the amount of $300,000 from fund balance for the Riverfront Parking Lot Restructuring Project. BACKGROUND:

On April 23, 2008, bids were opened for the Riverfront Parking Lot Restructuring Project. Star Tech Construction Nas the lowest bidder with an amount of $371,704.75. Additional funding for the award is needed in the amount of $97,000 for improvement costs ($72,000) not previously included in the contract to save money, and for construction costs ($25,000) in providing adequate lighting throughout the area.

The Riverfront Parking Lot, located west of Santa Maria Ave. at Pedregal Street, was opened in December 2001. This parking lot is in dire need of repair as its perpetual hours of operation has resulted in significant usage by vehicles and tractor trucks. The proposed improvements for the parking lot as designed by Foster Engineering include reconfiguration, a new fence, security cameras and resurfacing of the entire parking lot.

The Restructuring Project also includes replacement of the parking attendant booth initially obtained from the Bridge Department, as it has shown to be too small for operational use and unsafe due to its lack of sewer or water connections. Additionally, lighting has also become an issue with the expansion of Bridge 1 El Portal Project due to its close proximity to the river. Therefore, the Project will include the installation of adequate lighting throughout the entire parking lot to secure the protection of our patrons, tellers, and vehicles.

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

FINANCIAL IMPACT: Budget Amended Budget Proposed FY 2007-2008 FY 2007-2008 Amendment

Opening Balance: Revenues:

Total Available: 2,562,570 2,562,570 0

Expenses Parking Meters: 1,887,887 1,984,887 97,000 Permits: 149.058 149,058 0 Total Expenses: 2,036,945 2,133,945 97,000

Ending Balance 525,625 428,625 (97,000)

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Staff recommends approval of this Introductory Ordinance. ORDINANCE NO. 2008-0-

AMENDING THE CITY OF LAREDO FY 2007-2008 PARKING METER FUND BUDGET BY APPROPRIATING EXPENDITURES IN THE ADDITIONAL AMOUNT OF $97,000 FROM AVAILABLE FUND BALANCE FOR THE RIVERFRONT PARKING LOT RESTRUCTURING PROJECT.

WHEREAS, the City Council on November 19,2007, previously approved an amendment for appropriating expenditures in the amount of $300,000 for the Riverfront Parking Lot Restructuring Project located west of Santa Maria Street and Pedregal Street; and,

WHEREAS, Star Tech Construction was awarded a contract for the Riverfront Parking Lot improvements in the amount of $371,704.75, and,

WHEREAS, additional funding in the amount of $25,000 is required to provide for adequate lighting throughout the entire parking area; and,

WHEREAS, the City of Laredo FY 2007/2008 Annual Budget needs to be amended to appropriate additional funding in the amount of $97,000 for the Riverfront Parking Lot improvement costs that not budgeted for in the previous contract and to provide for the cost of lighting improvements throughout the area; and,

WHEREAS, the Riverfront Parking Lot provides avaluable service not only to the citizens of Laredo but also to tourists who visit Laredo and Mexico on short or long term basis; and,

WHEREAS, adequate funding for these expendituses is available within the parking meter fund balance.

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

Section 1: The City of Laredo FY 2007/2008 Parking Meter Fund Budget is hereby amended to incorporate Riverfront Parking Lot improvements as follows:

Amended Original Budget Budget Proposed FY 2007-2008 FY 2007-2008 Amendment

Opening Balance: 856,976 856,976 0 Revenues: 1,705,594 1,705,594 0

Total Available: 2,562,570 2,562,570 0

Expenses Parking Meters: 1,887,887 1,984,887 97,000 Permits: 149,058 149,058 0 Total Expenses: 2,036,945 2,133,945 97,000 Ending Balance 525,625 428,625 (97,000) 1 Section 2: This Ordinance shall be published once in accordance with the provisions of Section 2.09 (d) of the Charter of the City of Laredo. This ordinance shall become effective upon its passage and publication.

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

DAY OF ,2008.

RAUL SALINAS MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM:

RAUL CASSO

ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION

Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Special Use 0511 9/08 Permit for the storage of flammable and explosive products on Lots 1 thru 8, Block 2, Em- erald Hills Subdivision, located at 1102 Bob Bullock Loop. The Planning and Zoning Commission has recommended approval of the Special Use Permit.

Initiated by: Staff source: Paul Young Properties, LTD. Keith Selman, Planning Director Paul H. Young, Jr. Prior action: None. BACKGROUND

Council District: I1 - Hector J. Garcia

Proposed use: Storage of Flammable and Explosive Products

Site: The site is the location of Paul Young Dealership.

Surrounding land uses: To the north lies a vacant lot. On the east is a Value Place lodging, vacant lots, and a Valero gas station. To the south lie more vacant lots. On the west is South Texas Devel- opment Council as well as numerous multi-family structures, including Regency Oaks Town Homes and condominiums.

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

Transportation Plan: The Long Range Thoroughfare Plan identifies Bob Bullock Loop as an Ex- pressway.

Letters sent to surrounding property owners: 19 In Favor: 1 Opposed: 0

STAFF COMMENTS

A Special Use Permit 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.

Staff supports the special use permit with the following conditions:

(Continued on next page)

P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 4 to 1 vote, recommended Staff supports the Special Use Permit. approval of the Special Use Permit.

Page 1 of 2 COUNCIL COMMUNICATION

Staff Comments (eont.)

1. The Special Use Permit is issued to Paul Young Properties, LTD. and is non-transferable. 2. The Special Use Permit is restricted to the site plan, Exhibit "A," which is made part hereof for all purposes. 3. Provide a catchment area or a leak detection system around the tank in case of lealdspillage. 4. The Special Use Permit is restricted to the activities described in the letter, Exhibit "B," which is made part hereof for all purposes. 5. The above ground tank shall comply with all Fire Code requirements including the location and treatment of the premises.

Page 2 of 2 ORDINANCE

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY AUTHORIZING A SPECIAL USE PERMIT FOR THE STORAGE OF FLAMMABLE AND EXPLOSIVE PRODUCTS ON LOTS 1 THRU 8, BLOCK 2, EMERALD HILLS SUBDIVISION, LOCATED AT 1102 BOB BULLOCK LOOP; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, the owners of Lots 1 thru 8, Block 2, Emerald Hills Subdivision, located at 1102 Bob Bullock Loop has requested a Special Use Permit for above ground storage of flammable and explosive products; and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (1 0) days before the public hearing held before the Planning and Zoning Commission on April 17,2008, and,

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

WHEREAS, notice of the request was advertised in the newspaper at least fifteen (1 5) 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 May 19,2008, 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 of this 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 above ground storage of flammable and explosive products on Lots 1 thru 8, Block 2, Emerald Hills Subdivision, located at 1102 Bob Bullock Loop.

Section 2: The Special Use Permit is restricted to the following provisions:

1. The Special Use Permit is issued to Paul Young Properties, LTD. and is nontransferable. 2. Tlne Special Use Permit is restricted to the site plan, Exhibit "A," which is made part hereof for all purposes. 3. Provide a catchment area or a leak detection system around the tank in case of leaklspillage. 4. The Special Use Permit is restricted to the activities described in the letter, ExKbit "B," which is made part hereof for all purposes. 5. The above ground tank shall comply with all Fire Code requirements including the location and treatment of the premises.

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 ,2008.

-- ~ULG. FLORES MAYOR ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

ASSISTANT CITY ATTORNEY 1102 BOB BULLOCK LP Reque: .x Special Use Permit (S.U.P.) City of Laredo Planning & Zoning ZC-10-2008

UNPLATTED

March 27,2008

To: The Honorable Members of Authority for Zoning Ordinance

From: Childhood Years Development Center

The reason for addressing you this letter is to inform you, that I have a great interest in opening a great window of opportunity to working parents and their children, as well as for the well being of my own children (three boys) and family I want to open a Childcare Development Center, Childhood Years Development Center, at 52 15 Springfield My hours of operation will be from 7 00 A M to 6 00 P M Monday - Friday We will be a total of three employees I would like to be able to offer my services to 25 children in need of care while the parents continue to gain the necessary financial means for their families It will be a Development Center that will develop the child as a whole and prepare himlher for tomorrow's fbture In addition, I will offer the strong foundation that the children need now days to persevere in life Not only will the children in my care wiIl benefit from such services, but the community as a whole I pfan to make different activities, such as fLnd raisers in which children from the community will also be able to benefit from Furthermore, working as Community Supervision Officer for Webb County, is what allowed me to hunger for reaching my goal towards acquiring such business, due to the fact that, through the experience that I acquired helping probationers get rehabilitated towards choosing the right path and as well allowing me to learn the reasons why they ended up in a crime setting, enabled me to realize that a good foundation needs to be established at the very early age from birth to before they reach the teenage years in order to allow them the opportunity to pave the way to a better tomorrow Most importantly, I love children and as well as the entire world in it and enjoy making a difference in peoples lives

If you grant me this opportunity to achieve my goal, I will not be the one who will benefit so much from it, but the children in my care and the community as well. Like Martin Luther King once said, "I Have A Dream".

Thank you for your time and I hope that you can consider my request towards my goal Your consideration will greatly be appreciated. The opportunity that I can offer to our young children in our community as well as our community relies on your decision

Respectfully, /I@- /?Ii4W& Nancy A. Brewster

ZC- 10-2008 1 102 Bob Bullock Loop COUNCIL COMMUNICATION

Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 1, Block 1, 0511 9/08 Eva Mejia Subdivision, and 1.90 acres as further described by metes and bounds in attached Exhibit "A," located at 58 11 E. Saunders Street, from B-3 (Community Business District) and B-4 (Highway Commercial District) to M-1 (Light Manufacturing District). The Plan- ning and Zoning Commission has recommended approval of zone change.

Initiated by: Staff source: SIEV Partners, LTD Keith Selman, Planning Director Cesareo Porras Prior action: None. BACKGROUND

Council District: I1 - Hector J. Garcia

Proposed use: Warehouse

Site: The site is currently occupied by a vacant building.

Surrounding land uses: The site is surrounded immediately east and west by vacant lots and behind the site is G.C. Millennium Forwarding. Maldonado Furniture lays two lots down to the west, and directly across the street Hacienda Vieja, a Mexican import shop, stands. La Choza Motel is located further eastward, and to the west are a tire shop, E & R Auto Parts, Aduanalas Orozco Nacionaliza- tion, and Ultra Well Inc.

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

Transportation Plan: The Long Range Thoroughfare Plan identifies East Saunders Street (US Highway 59) as an Expressway.

Letters sent to surrounding property owners: 7 In Favor: 0 Opposed: 0

STAFF COMMENTS

Staff does not support the proposed M-1 district at this location. Although there is an M-1 district to the west of the site, the proposed zone change is not in conformance with the Com- prehensive Plan's designation for this area as RetailJOffice, and there is not enough of an established trend to diverge from the general zoning pattern. Further analysis reveals the existing surrounding uses are not compatible with the proposed district and are more retail in nature.

P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 5 to 0 vote, recommended Staff does not support the proposed zone approval of the zone change. change.

Page 1 of 2 COUNCIL COMMUNICATION

IMPACT ANALYSIS

M-1 (Light Manufacturing District): The purpose of the M-1 district is to encourage the development of manufacturing and wholesale business establishments which are clean, quiet, and free of haz- ardous or objectionable elements such as noise, odor, dust, smoke or glare. Research activities are encouraged. This district is further designed to act as a transitional use between heavy industrial uses and other less intense and residential uses.

Is this change contrary to the established land use pattern? Yes, the established pattern is retail.

Would this change create an isolated zoning district unrelated to surrounding districts? There is an isolated M-1 district off of US Highway 59, approved in 1993. However, no other high level intensity districts have been requested in this area, leaving the trend established after 1993 retail in nature.

Will change adversely influence living conditions in the neighborhood? Yes, it may introduce more intensive uses and create nuisances such as noise and other disturbances that would disrupt and alter the character of existing and proposed future residential areas less than five hundred (500) feet from the proposed district.

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

Page 2 of 2 ORDINANCE NO. 2008-0-

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING LOT 1, BLOCK 1, EVA MEJIA SUBDIVISION, AND 1.90 ACRES AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A," LOCATED AT 5811 E. SAUNDERS STREET, FROM B-3 (COMMUNITY BUSINESS DISTRICT) AND B-4 (HIGHWAY COMMERCIAL DISTRICT) TO M-1 (LIGHT MANUFACTURING DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a zone change has been requested by the owners of Lot 1, Block 1, Eva Mejia Subdivision, and 1.90 acres as further described by metes and bounds in attached Ex- hibit "A," located at 58 11 E. Saunders Street, from B-3 (Community Business District) and B- 4 (Highway Commercial District) to M-1 (Light Manufacturing 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 April 17,2008, and,

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

WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (1 5) 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 May 19,2008, on the request 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 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 rezoning Lot 1, Block 1, Eva Mejia Subdivision, and 1.90 acres as further described by metes and bounds in attached Exhibit "A," located at 581 1 E. Saunders Street, from B-3 (Community Business District) and B-4 (Highway Commercial District) to M-1 (Light Manufacturing Dis- trict).

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 ,2008.

RAUL G. SALINAS MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

/C"O

,L ,L n

UNPLAlTED

UNPLATTED SURVEY IS TRUE AND CaRRECT AND WAS PREPARED FRQM AN MY SUPERVISION ON THE CROlfnB) THIS 1.90 ACRES Porcion 28 City of Laredo Webb County Texas 03/28/2008

A 1.90 acre tract of land, more or less, out of Porcion 28, Abshact 241 situated in the City of laredo, Webb County Texas, said 1.90 Acres, Wig out of a 2.25 Acre Tract of land, conveyed to Eva Mejia by Deed dated July 17, 1980, recorded in Volume 629, Page 468, Deed Records of Webb County, Texas, and being out of Share "C" of a Survey containing 6.25 wres, conveyed to Juan Flores by Deed dated April 12,1977, recorded in Volume 533, Page 600 - 601, Deed Records of Webb County, Texas. Said 2.23 acres being more particularly described by metes end bounds as follows, to wit: Beginning at Point of the South R-0-W Lieof U.S. Hwy. 59 (160 foot Right-of-way), same pint being the most Northerly NEC of a 30 foot Barrera Drive (desigaated as a private street) situated within Lot 1, Block 1 out of the A1 Barrera Plat, Recorded in Volume 15, Page 74 of the Webb County Plat Records, Webb County Texas, same Point Wig the NWC of this tract of land and ?he POINT OF BEGINNING.

THENCE S 85' 06' 51" E, 27.17 ft, alone South R-O-W tieof said U.S. Hwy 59, to a found US Highway concrete monument, to a point of curb to the left of this Tmct of land heneoC

THENCE in an easterly direction a curvilinear distance of 14.02 feef to the Northwest comer of the Eva Mejia Subdivision, Recorded in Volume 10, page 90, Webb County Plat Records and the Northeast of this Tract of land hereof (R= 3889.72 R, Central Angk 00'-12'-17", Tans 7.0 ft., CHD= 14.01 R, CHD BrpN8S0-25'01"E).

THENCE S 06O 44' 38" E, 191.92 feet, to the Southwest Comer of said Eva Mejia Subdivision and an interior comer of this Tract of land hereof; I THENCE N 88' 10' 52" E, 75 feet, to a point on the east boundary tiof aforesaid Share "C", a point on the West boundary line of Shrrse "D", Recorded in Volume 689, pages 323-326, Webb County Deed Records, the Southcast comer of said Eva Mejia Subdivision and an exterior comer of this Tract of land hereof;

THENCE S 06' 44' 38" E, 387.73 feet, along the east boundary line of aforesaid share "C" and the said west boundary line of Share "D", to a found %" iron rod, for an exterior comer of aforesaid A1 Barrera Plat and the Southeast comer of this Tract of land hereof;

THENCE S 88" 10' 52" W, 219.90 feet to an interior comer of said A1 Barters Plat, a point on the East boundary line of aforesaid 30 foot BamDrive and the Southwest Comer of this tract of land hereof:

THENCE N 03O 30' 27" E, 583.26 R along the East boundary line' of said 30 foot Barrera drive, to the POINT OF BEGMMNG ZC- 13-2008 581 1 E. Saunders Street ZC-13-2008 58 1 1 E. Saunders Street COUNCIL COMMUNICATION

Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional 05/19/08 Use Permit for a child daycare on .16 acres out of Block 55, Calton Gardens #2, as further described by metes and bounds in attached Exhibit "A," located at 52 15 Springfield Ave- nue. The Planning and Zoning Commission has recommended approval of the Conditional Use Permit.

ZC-14-2008 Initiated by: I Staff source: Peter J. ~rewster / Keith Selman, Planning Director Nancy A. Brewster Prior action: None. BACKGROUND

Council District: V - Johnny Rendon

Proposed use: Child Daycare

Site: The site is occupied by a single family residential structure with attached carport.

Surrounding land uses: The block on which the site is located is primarily single family residential and to the west are Del Norte Condos. To the south, Grupo Lamas Centro, Tacos Monterrey, Jewel1 Pet Salon, Well Wash, and Prestige Beauty are located. To the north lie Radiology Clinics, Woodmer of the World Life Insurance, Calton Gardens Professional Plaza, Frenius Medical Center, Springcreek Commercial Center, and the Texas Department of Insurance Division and Workers Compensation.

Comprehensive Plan: The Comprehensive Plan identifies this area as medium density residential.

Transportation Plan: The Long Range Thoroughfare Plan identifies Springfield Avenue as a minor arterial.

Letters sent to surrounding property owners: 62 In Favor: 1 Opposed: 1

STAFF COMMENTS

Staff does not support the proposed Conditional Use Permit at this location. The proposed use is not in conformance with the Comprehensive Plan's designation for this area as Medium Density Residential. Further analysis reveals the lot is too small to accommodate the movement a day care would generate along an already heavily trafficked Springfield Avenue. However, should it be the will of the Planning and Zoning Commission to recommend approval to City Council, staff recommends the following conditions:

P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 5 to 0 vote, recommended Staff does not support the proposed Condi- approval of the Conditional Use Permit. tional Use Permit.

Page 1 of 2 COUNCIL COMMUNICATION

1. The C.U.P. shall be issued to Peter and Nancy Brewster, and is nontransferable. 2. The C.U.P. is restricted to the activities describe in letter, Exhibit "B", which is made part hereof for all purposes. 3. The C.U.P. is restricted to the site plan, Exhibit "C," which is made part hereof for all purposes. 4. Signage is limited to the maximum of a 12 square foot sign attached to the wall. 5. The C.U.P. shall comply with parking requirements in accordance to the Land Development Code. 6. The owner must provide and maintain trees and shrubs in compliance with the Land Development Code.

Page 2 of 2 ORDINANCE NO. 2008-0-

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR A CHILD DAYCARE ON .16 ACRES OUT OF BLOCK 55, CALTON GARDENS #2, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A", LOCATED AT 521 5 SPRINGFIELD AVENUE; PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION.

WHEREAS, a request has been received for the issuance of a Conditional Use Permit for a child daycare on .16 acres out of Block 55, Calton Gardens #2, as further described by metes and bounds in attached Exhibit "A", located at 5215 Springfield Avenue; and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (1 0) days before the public hearing held before the Planning and Zoning Commission on April 17,2008; and,

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

WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (1 5) 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 May 19,2008, on the request and finds the Conditional Use Permit amendment appropriate and consistent with the General Plan of the City of Laredo; and,

WHEREAS, all conditions imposed by the Conditional Use Permit, and all pertinent requirements the Laredo Land Development Code shall be met before the activity sanctioned 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 I : The Zoning Map of the City of Laredo be and is hereby amended by authorizing the issuance of a Conditional Use Permit for a child daycare on .16 acres out of Block 55, Calton Gardens #2, as further described by metes and bounds in attached Exhibit "A", located at 52 15 Springfield Avenue.

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

I. The C.U.P. shall be issued to Peter and Nancy Brewster, and is nontransferable. The C.U.P. is restricted to the activities describe in letter, Exhibit "B", which is made part hereof for all purposes. The C.U.P. is restricted to the site plan, Exhibit "C," which is made part hereof for all purposes. Signage is limited to the maximum of a 12 square foot sign attached to the wall. The C.U.P. shall comply with parking requirements in accordance to the Land Develop- ment code. The owner must provide and maintain trees and shrubs in compliance with the Land De- velopment Code.

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 24.94.1 0, entitled "Revocation," according to the criteria and procedures described therein and below:

1. Criteria

Any Conditional Use Permit, authorized by City Council, shall be considered in noncompliance and shall be revoked and removed from the City of Laredo Zoning Map, in the event 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 institution of all conditions imposed by the Conditional Use Permit. C. Discontinuance of the Council approved conditional use for a period of six (6) consecutive months. D. The use of which the Conditional Use Permit was authorized does not 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 of ten (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. 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 revocation and removal from the City of Laredo Zoning Map.

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

RAUL G. SALINAS MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

ASSISTANT CITY ATTORNEY 5215 SPRINGFIELD Request tor Conditional Use Permit (C.U.P.) City of Laredo Planning & Zoning ZC-I 4-2008

ZONE DISTRICTS Exhibit "A" March 27,2008

To: The Honorable Members of Authority for Zoning Ordinance

From: Childhood Years Development Center

The reason for addressing you this letter is to inform you, that I have a great interest in opening a great window of opportunity to working parents and their children, as well as for the well being of my own children (three boys) and family I want to open a Childcare Development Center, Childhood Years Development Center, at 52 15 Springfield My hours of operation will be from 7 00 A M to 6 00 P M Monday - Friday We will be a total of three employees I would like to be able to offer my services to 25 children in need of care while the parents continue to gain the necessary financial means for their families It will be a Development Center that will develop the child as a whole and prepare him/her for tomorrow's hture In addition, I will offer the strong foundation that the children need now days to persevere in life Not only will the children in my care will benefit from such services, but the community as a whole I plan to make diffelent activities, such as fund raisers in which children from the community will also be able to benefit from Furthermore, working as Community Supervision Officer for Webb County, is what allowed me to hunger for reaching my goal towards acquiring such business, due to the fact that, through the experience that I acquired helping probationers get rehabilitated towards choosing the right path and as well allowing me to learn the reasons why they ended up in a crime setting, enabled me to realize that a good foundation needs to be established at the very early age from birth to before they leach the teenage years in order to allow them the opportunity to pave the way to a better tomorrow Most importantly, I love children and as well as the entire world in it and enjoy making a difference in peoples lives

Thank you f'or your time and I hope that you can consider my request towards my goal Your consideration will greatly be appreciated. The opportunity that I can offer to our young children in our community as well as our community relies on your decision.

Respecthlly,

Nancy A Brewster

ZC- 14-12008 52 15 Springfield Avenue COUNCIL COMMUNICATION

Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) of the City of Laredo by amending a Conditional 0511 9/08 Use Permit for a tire shop on Lot 1, Block 806, Eastern Division, located at 402 S. Meadow Avenue by extending the permit for a five year time period. The Planning and Zoning Commission has recommended approval of the Conditional Use Permit.

ZC- 15-2008 Initiated by:I Staff source: Luis C. Lopez Keith Selman, Planning Director

I Prior action: City Council held a public hearing on August 5,2002, and approved issuance of a Condi- tional Use Permit under Ordinance 2002-0-188 on August 19,2002. On April 17,2008, the Planning and Zoning Commission voted 5-0 to postpone this item time certain. BACKGROUND

Council District: I11 - Michael Landeck

Proposed use: Tire Shop

Site: The site is occupied by a tire shop.

WarningsKitations: A warning was issued on March 08,2008, for operating a tire shop and a general mechanic shop in a B-1 District. A citation was also issued for storing merchandise (tires) on public right-of-way on March 08,2008.

Surrounding land uses: To the north are single family residential units, Maglo Beauty Salon, and E & J Garage. To the east is single family residential housing. To the south are multi-family units, single family residential structures, and Iglelisia Methodista Libre. To the west are single family residential units and a vacant lot.

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

Transportation Plan: The Long Range Thoroughfare Plan identifies S. Meadow Avenue as a Major Collector.

Letters sent to surrounding property owners: 37 In Favor: 0 Opposed: 0

STAFF COMMENTS

Staff supports the renewal of the Conditional Use Permit (CUP). Applicant has complied with the following original requirements for CUP originally issued in 2002. Furthermore, staff recommends the original provisions under Ordinance 2002-0-1 88 be kept.

(Continued on next page: P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 7 to 0 vote, recommended Staff supports the amendment of the Con- approval of the Conditional Use Permit. ditional Use Permit. Page 1 of 2 COUNCIL COMMUNICATION ltaff Comments (cont.)

1. All tires shall be stored within a wholly enclosed and weatherproofed building. 2. The applicant shall construct a seven (7) foot opaque fence, which complies with Section 24.79 of the Laredo Land Development Code, along the site's western and southern borders. 3. The applicant shall plant and maintain seven (7) trees and twenty-eight (28) shrubs on site. 4. A11 areas used for parking or maneuvering shall be paved. 5. In addition to the spaces shown on the site plan, all parking should conform to the Laredo Land Development Code. 6. The permit is issued to Luis C. or Yvonne Lopez or Arrnaldo Sarli and is nontransferable. 7. The business sanctioned by this permit shall be limited in its hours of operation such that activity related to the business will only be permitted between the hours of 8:00 a.m. to 7:00 p.m. 8. Lighting of the site shall conform to all Laredo Land Development Code regulation pertaining to lighting in B- 1 zoning districts. 9. The permit is granted for a period of five (5) years. 10. The permit is granted for the tire business only, with no other activities occurring simultaneously. Should the tire business activity cease, the underlying zoning's uses will be reinstated. 1 1. No ingress or egress of the site shall be permitted from Meadow Avenue.

Page 2 of 2 ORDINANCE

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR A TIRE SHOP ON LOT 1, BLOCK 806, EASTERN DIVISION, LOCATED AT 402 S. MEADOW AVENUE; PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION.

WHEREAS, a request has been received for the issuance of a Conditional Use Permit for a tire shop on Lot 1, Block 806, Eastern Division, located at 402 S. Meadow Avenue; and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (1 0) days before the public hearing held before the Planning and Zoning Cornmission on May 1,2008; and,

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

WHEREAS, notice of the zone change request was advertised in the newspaper at 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 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, THEXEFORE 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 authorizing the issuance of a Conditional Use Permit for a tire shop on Lot 1, Block 806, Eastern Di- vision, located at 402 S. Meadow Avenue.

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

1. All tires shall be stored within a wholly enclosed and weatherproofed building. 2. The applicant shall construct a seven (7) foot opaque fence, which complies with Section 24.79 of the Laredo Land Development Code, along the site's western and southern borders. The applicant shall plant and maintain seven (7) trees and twenty-eight (28) shrubs on site. All areas used for parking or maneuvering shall be paved. In addition to the spaces shown on the site plan, all parking should conform to the Laredo Land Development Code. The permit is issued to Luis C. or Yvonne Lopez or Armaldo Sarli and is nontransferable. The business sanctioned by this permit shall be limited in its hours of operation such that activity related to the business will only be permitted between the hours of 8:00 a.m. to 7:00 p.m. Lighting of the site shall conform to all Laredo Land Development Code regulation pertaining to lighting in B-1 zoning districts. The permit is granted for a period of five (5) years. 10. The permit is granted for the tire business only, with no other activities occurring simultaneously. Should the tire business activity cease, the underlying zoning's uses will be reinstated. 11. No ingress or egress of the site shall be permitted from Meadow Avenue.

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 &om 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," according to the criteria and procedures described therein and below:

1. Criteria

2. Procedures

Should City of Laredo Enforcement OAFicial 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 of ten (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. 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 Enfbrcement 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 revocation and removal from the City of Laredo Zoning Map.

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

RAUL G. SAL~AS MAYOR TTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

ASSISTANT CITY ATTORNEY 402 S MEADOW Request, Conditional Use Permit (C.U.P.) City of Laredo Extension Planning & Zonin!

GATES ST 55.56'

MILK ST 55.56' Luis Carlos Lopez 114 Century Blvd. Laredo, Texas 78046 956-235-3383

March 28,2008

PLANNING AND ZONING

This letter will serve as my official request for an extension of the Conditional Use Permit that recently expired.

The intended use of the currently zoned B1 property is to operate a Tire Shop which has operated and existed since the original issuance of the Conditional use permit in 2002.

No employees are contemplated.

No substantial alterations and/or improvements have been undertaken to the property since the original issuance of the conditional use permit in 2002.

By proof of my signature hereto affixed, I have designated Caleb McDonald to assist me in the permit process. Should additional information be required please feel free to coiltact me or my agent.

With Warmest Regards

ZC- 15-2008 402 S. Meadow Avenue ZC- 15-2008 402 S. Meadow Avenue ZC- 15-2008 402 S. Meadow Avenue ZC- 15-2008 402 S. Meadow Avenue COUNCIL COMMUNICATION

Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 1 and the 05/19/08 west one-fourth (114) of Lot 2, Block 1548, Eastern Division, located at 2601 Clark Boule- vard, from R-1 (Single Family Residential District) to R-0 (Residential Office District). The Planning and Zoning Commission has recommended denial of the proposed zone change.

ZC- 11-2008 Initiated by: I Staff source: Raul ~endoza / Keith Selman, Planning Director

I Prior action: None. BACKGROUND

Council District: IV - John Amaya

Proposed use: Weight Loss Center

Site: The site is occupied by a single family residential structure.

Surrounding land uses: To the east lies single family residential housing as well as manufactured housing. To the south are single family residential units. To the east is Ryan Elementary. To the north lies single family residential housing.

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

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

Letters sent to surrounding property owners: 15 In Favor: 2 Opposed: 4

STAFF COMMENTS

Staff does not support the rezone from R-1 to R-0. The proposed district does not conform to the Comprehensive Plan's designation for this area as Low Density Residential. This section of Clark Blvd. is still following a residential zoning pattern. Further analysis reveals that the site is too close to a public institution, and the site plan's proposed parking area may not be able to accommodate the intensity of an office use.

P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 5 to 0 vote, recommended Staff does not support the proposed zone denial of the zone change. change.

Page 1 of 2 COUNCIL COMMUNICATION

IMPACT ANALYSIS

R-O (Residential Office District): The purpose of the R-0 district is to allow a mix of residential and limited businesses and which would restrict the residential to not more than three dwellings on one site, and the businesses to office uses, and very limited commercial.

Is this change contrary to the established land use pattern? Yes, the established land use pattern is single-family residential in nature.

Would this change create an isolated zoning district unrelated to surrounding districts? Yes, the R-0 district goes against the general zoning trend established in the area.

Will change adversely influence living conditions in the neighborhood? Yes, the area is already congested with heavy trafficking along Clark Boulevard and congestion generated from Ryan Elementary during school hours.

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

Page 2 of 2 ORDINANCE NO. 2008-0-

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING LOT 1 AND THE WEST ONE-FOURTH (114) OF LOT 2, BLOCK 1548, EASTERN DIVISION, LOCATED AT 2601 CLARK BOULEVARD, FROM R-1 (SINGLE FAMILY RESIDENTIAL DISTRICT) TO R-0 (RESIDENTIAL OFFICE DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a zone change has been requested by the owners of Lot 1 and the west one-fourth (114) of Lot 2, Block 1548, Eastern Division, located at 2601 Clark Boulevard, from R- 1 (Single Family Residential District) to R-0 (Residential Office District); and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (1 0) days before the public hearing held before the Planning and Zoning Commission on April 17,2008, and,

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

WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (1 5) 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 May 19,2008, on the request 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 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 rezoning Lot 1 and the west one-fourth (114) of Lot 2, Block 1548, Eastern Division, located at 2601 Clark Boulevard, from R-1 (Single Family Residential District) to R-0 (Residential Of- fice District). Section 2: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.

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 ,2008.

RAUL G. SALINAS MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

ASSISTANT CITY ATTORNEY 2601 CLARK Rezone frL , R-I (Single Family Residential) City of Laredo Planning & Zoning ZC-11-2008 to R-0 (Residential-Office District)

0 5 -_I 10 9 8A 6A '

12345

MODIFIED MAJ t ARTERIAL

ZONE DISTRICTS JHN I8 ZBBB 12:ZB FP %INK- OF RRERICR ftLS 9049873413 TO 9

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CITY QF LAREDO, . .*.. WEBB COUD7!CY, TEXAS -4 . . 3 ZC- 11 -2008 2601 Clark Blvd. COUNCIL COMMUNICATION DATE: SUBJECT: INTRODUCTION OF AN ORDINANCE Authorizing the City Manager to execute an Amendment to the Scheduled Airline 5- 19-08 Operating Agreement and Terminal Building Lease with Allegiant Air approved on July 17,2006, by Ordinance No. 2006-0-157 for exclusive and non-exclusive joint use space located at the Laredo International Airport passenger terminal for the purpose of conducting commercial air transportation services. Said Amendment effectiv~"s

anuary 1, 2008, extends the term to end on December 31, 2010, in order to coincidc"3 ith other existing Scheduled Airline Operating Agreements, provides an incentive tc 3 for new service to new destinations and incorporates the rental rate stmcture agree(- J ith the other airlines operating at the Lavedo ~nternationalAirport. However, it i:S greed by the Parties that this agreement may be terminated by either party without

ause on not less than ninety (90) days' written notice from the party terminating to thc "3. other. The monthly rent is $2.50 per enplaned revenue passenger for the first 20,00(1 enplaned revenue passengers, $2.25 per enplaned revenue passenger for the next 10,00(1 nplaned revenue passengers, $2.00 per enplaned revenue passenger for next 10,00(1 nplaned revenue passengers and $1.75 per enplaned revenue passenger for 40,OO 1i t nplaned revenue passengers. The airline's landing fee obligation shall be $0.75 pe r

pounds Maximum Certificated Gross Landing Weight of the airline's aircraft9 [providing for an effective date. LNITIATED BY: Jesus M. Olivares STAFF SOURCE: Jose L. Flores I Assistant City Manager Airport Manager PREVIOUS ACTION: City Council approved a previous Scheduled Airline Operating Agreements with Allegiant Air.

BACKGROUND: Allegiant Air has direct service to Las Vegas, Nevada with minimum twice weekly scheduled service.

he leased premises consist of approximately 130 square feet of exclusive use space and approximately 7,480 feet of non-exclw - Enplaned Enplaned Revenue Passenger Revenue Passengers First 20,000 Next 10,000 Next 10,000

otwithstanding anything to the contraiy contained in this agreement the City of Laredo agrees to waive one undred (1 00%) percent of AIRLINE'S monthly rental obligation including landing fees for a period of twelve consecutive months effective on the date AIRLINE or Affiliates initiates new service to new destinations Laredo, Texas. This waiver applies only to AIRLINE'S new service to new destinations.

INANCIAL: Aeronautical Building Rent Revenues Account No. 242-0000-361-1086 FY 07-08: $36,753 (Est.) Landing Fee Account No. 242-0000-36 1-20 BOARD RECOMMENDATION: STAFF RECOMMENDATION: Recommend March 25,2008, the Airport Advisory Committee that the City Manager be authorized to execute an onsidered this item and recommends approval. Amendment to the Scheduled Airline Operating Agreement and Terminal Building Lease with Allegiant Air at the Laredo International Airport. AN ORDINANCE

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE SCHEDULED ALKLINF: OPERA'IING AGREEMENT AND TERMINAL BUILDING LEASE WITH ALLEGIANT AIR APPROVED ON JULY 17, 2006, BY ORDINANCE NO. 2006-0-157 FOR EXCLUSIVE AND NON-EXCLUSIVE JOINT USE SPACE LOCATED AT THE LAREDO INTERNATIONAL AIRPORT PASSENGER TERMINAL FOR THE PURPOSE OF CONDUCTING COMMERCIAL AIR TRANSPORTATION SERVICES. SAID AMENDMENT EFFECTIVE JANUARY 1,2008, EXTENDS THE TERM TO END ON DECEMBER 3 1, 2010, IN ORDER TO COINCIDE WITH OTHER EXISTING SCHEDULED AIRLINE OPERATING AGREEMEN'I'S, PROVlDES AN INCENTIVE TO AIR FOR NEW SERVICE TO NEW DESTINATIONS AND INCORPORATES THE RENTAL RATE STRUCTURE AGREED WITH THE OTHER AIRLINES OPERATING AT THE LAREDO INTERNATIONAL AIRPORT. HOWEVER, IT IS AGREED BY THE PARTIES THAT THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTY WITHOUT CAUSE ON NOT LESS THAN NINETY (90) DAYS' WRITTEN NOTICE FROM THE PARTY TERMmATWG TO THE OTHER. THE MONTHLY RENT IS $2.50 PER ENPLANED REVENUE PASSENGER FOR THE FIRST 20,000 ENPLANED REVENUE PASSENGERS, $2.25 PER ENPLANED REVENUE PASSENGER FOR THE NEXT 10,000 ENPLANED REVENUE PASSENGERS, $2.00 PER ENPLANED REVENUE PASSENGER FOR NEXT 10,000 ENPLANED REVENUE PASSENGERS AND $1.75 PER ENPLANED REVENUE PASSENGER FOR 40,001+ ENPLANED REVENUE PASSENGERS, THE AIRLINE'S LANDING FEE OBLIGATION SHALL BE $0.75 PER THOUSAND POUNDS R/WZIMtJM CERTIFICATED GROSS LANDING WEIGHT OF THE AIRLINE'S AIRCRAFT; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Airport Manager recommends that the City Couacil approve the proposed hendment to the Scheduled Airline Operating Agreement between the City of Laredo, as LESSOR, and Allegiant Air, as LESSEE, for approximately 130 square feet of exclusive use space and 7,480 square feet of non-exclusive use space located at 521 0 Bob Bullock Loop at the Laredo International Airport, as a contract and in furtherance of the development of the Laredo Intewational Airport and as a support to the majrrtenance and operation of the Laredo International Airport;

WIEEAS, the Airport Advisory Coda= finds that said Amendment to the Scheduled Airline Operating Agreement is in the best interest of the Airport and recornends that the City Council approve the proposed lease; and

WEREAS, the City Council of the City of Laredo having heard tbe recommendations of the Airport Manager md of the Airport Advisory Committee agrees with same.

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

Section 1: The City Manager be hereby authorized to execute an Amendment to the Scheduled Airline Operating Agreement and Terminal Building Lease with Allegiant Air for approximately 130 square feet of exclusive use space and 7,480 square feet of non-

Page 1 of 2 AN ORDINANCE AUTHORIZING AN AWENDMEKI' BETm7EERTHE CITY OF 1,t);REDO AND ALLEGnMT AIR exclusive use space located at 5210 Bob Bullock Loop at the Laredo International Airport, a copy of which lease is attached hereto as Exhibit A, and incorporated herein as if set out at length for all intents and purposes.

Section 2: This Ordinance shall bccome effective upon passage hereof.

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

RAUL G. SALINAS MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FOM: RAUL CASSO CITY ATTORNEY

BY: VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY

Page 2 of 2 STATE OF TEXAS 3 COUNTY OF WEBB 9

LEASE AMENDMENT

This Lease Amendment made and entered into in the City of Laredo, County of Webb, State of Texas, on this day of , 2008, by and between THE CITY OF LAREDO, a municipal corporation (hereinafter called "LESSOR"), and Allegiant Air, a corporation organized and existing under the laws of Nevada (hereinafter called "LESSEE").

WHEREAS, on July 17, 2006, LESSOR and LESSEE entered into a Lease Agreement approved by Ordinance No. 2006-0-1 57 for approximately 130 square feet of exclusive use space and 7,480 square feet of non-exclusive joint use space located at 5210 Bob Bullock Loop at the Laredo International Airport passenger terminal for the purpose of conducting commercial air transportation services.

WHEREAS, LESSOR and LESSEE wish to amend said Lease to extend the lease in order to coincide with other existing scheduled airlines operating agreements and incorporate the rental rate structure agreed with the other airlines operating at the Laredo International Airport; and

WHEREAS, the Leases is amended as follows:

Section 2.1 Term

This agreement shall become effective as of June 1,2006, and shall extend until December 3 1, 201 0, subject to earlier termination as specified in Article 12 herein. However, it is agreed by the parties that this agreement may be terminated by either party on not less than ninety (90) day's written notice from the party terminating to the other.

ARTICLE 7 RATES FOR RENTALS, FEES, AND CHARGES

Rent per Enplaned Revenue Passenger:

Airline's monthly rental obligation effective January 1, 2008, for use of passenper terminal facilities shall be determined by the number of monthly enolaned revenue passengers (calendar year) multiolied by the rate indicated in the table below durin~the term of this Agreement. LEASE AMENDMENT WITH ALLEGIANT AIR

[ Enplaned Revenue Passengers I Rate per Enplaned Revenue Passenger Per C.Y. ] First 20,000 $2.50 Next 10,000 $2.25 Next 10,000 $2.00 40,001+ $1.75

ARTICLE 14 GENERAL PROVISIONS

Section 14.22 New Service Waiver / Incentive

Notwithstanding anything to the contrary contained in this agreement the City of Laredo agrees to waive one hundred (100%) percent of AIRLINE'S monthly rental obligation including landing fees for a period of twelve (12) consecutive months effective on the date AIRLINE or Affiliates initiates new service to new destinations from Laredo, Texas. This waiver applies only to AIRLINE'S new service to new destinations.

WHEREAS, all other terms and conditions of the Lease remain unchanged and in effect. A true and correct copy of the Lease is attached hereto as Exhibit B.

EXECUTED on this day of ,2008

CITY OF LAREDO a municipal corporation

BY: CARLOS VILLARREAL CITY MANAGER

Page 2 of 3 LEASE AMENDMENT WITH ALLEGIANT AIR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

BY: VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY

LESSEE: ALLEGIANT AIR

Title: CFo

Page 3 of 3 LAREDO INTERNATIONAL AIRPORT SCHEDULED AIRLINE OPERATING AGREEMENT AND TERMINAL BUILDING LEASE

This Scheduled Airline Operating Agreement and Terminal Building Lease, hereinafter called "AGREEMENT", made and entered into this-/Z Lk day o ,2006, by and <- between the City of Laredo, Texas, a political subdivision of s, hereinafter called "CITY", and Allegiant Air, a corporation organized and existing under the laws of >f fi--!d- ,hereinafter called llAIRLINE". w" WITNESSETH:

WHEREAS, CITY recognizes commercial air service is critical to the local community and economic development of Laredo and its surrounding communities and will encourage increased air service and growth in the region; and

WHEREAS, CITY is owner and operator of Laredo International Airport "Airport" located in Laredo, Texas, and has the right to lease portions of the Airport and to grant operating privileges thereon subject to the terms and conditions hereinafter set forth; and

WHEREAS, AIRLINE is a corporation primarily engaged in the business of providing Air Transportation of persons, property, cargo, and mail; and

WHEREAS, AIRLINE desires to lease certain premises within the Terminal Building Area, use certain facilities at the Airport, and acquire certain rights and privileges from CITY in connection with its use of the Airport and CITY is willing to lease and grant same to AIRLINE under terrns and conditions hereinafter stated; and

WHEREAS, CITY has the power and authority to enter into this Agreement;

NOW, THEREFORE, for and in consideration of the premises and the mutual covenants and considerations herein contained, CITY and AIRLINE agree as follows:

ARTICLE 1

DEFINITIONS

Section 1.1 Definitions

The terms and phases defined in this Article 1 for all purposes of this Agreement shall have the following meanings.

(A) "Air Transportation" shall mean the carriage of persons, property, cargo, and mail by aircraft.

EXHIBIT B (Allegiant Air- Long Term Agreement)

"AIRLINE Premises" shall mean AIRLINE'S Exclusive Use Space and Joint Use Space.

"AIRLINE'S Authorized Representative" shall mean such person designated by AIRLINE in writing to the Airport Director prior to the commencement of the term hereof and from time-to-time during the term hereof setting forth the name, title and authority of such person.

"Airport" shall mean the Laredo International Airport, located at 52 10 Bob Bullock - Loop, as it now exists as shown on Exhibit A, or as it may hereafter be modified, changed or developed from time-to-time.

"Airport Purpose" shall mean any action or undertaking by CITY directly relating to the development and preservation of the Airport for air commerce.

"Airport Revenue" shall mean any income and revenue lawfully derived directly or indirectly by the CITY fiom the operation and use of, or otherwise relating to, the Airport. The term does not include any grants, passenger facility charges, appropriations, loans, gifts or bond proceeds from federal, state or local governments.

"Director" shall mean the de jure or de facto Airport Director of CITY, designated as such by CITY. The word also means the de jure or de facto chief assistant of that official or the acting Airport Director, if any, of CITY whenever the Airport Director is unable to act in such capacity, or the successor of the Airport Director in functions, if any.

''Effective Date for Rentals and Fees" shall mean June 1,2006 the date upon which Section 14.22(A) rentals and fees shall become effective.

"Exclusive Use Spacewshall mean, at any time, the space leased by CITY to AIRLINE on an exclusive use basis as more fully set forth on Exhibit B, as the same may be amended from time-to-time.

"FAA" shall mean the Federal Aviation Administration of the U.S. Government or any federal agency succeeding to all or part of its jurisdiction.

"Federal Inspection Station" shall mean that facility described in Section 4.1 (D) of this Agreement.

"Joint Use Formula1'shall mean the formula used to prorate eighty percent (80%) of the specified charge for Joint Use Space according to the ratio of the number of each airline's enplaning passengers at the Airport during the most recent calendar quarter for which such

Page 2 of 33 (Allegiant Air- Long Term Agreement)

information is available to the total number of enplaning passengers of all airline users of the service or space during that same calendar quarter. The remaining twenty percent (20%) is to be prorated equally among all airline users of the service or space.

"Joint Use Space" shall mean, at any time, the premises leased or used jointly by AIRLINE and one or more other airlines, as more particularly set forth in Exhibit C, as the same may be amended from time-to-time.

"Maximum Certificated Gross Landing Weightffshall mean the maximum landing weight certificated by the FAA, in one thousand (1,000) pound units, of each aircraft landed by AIRLINE at the Airport.

"Nonsignatory AIRLINEffshall mean any AIRLINE providing scheduled or unscheduled service to the Airport which is not a Signatory AIRLINE.

"Passenger Facility Charge" or "PFC" shall mean any passenger facility charge which CITY may impose upon passengers enplaning at the Airport pursuant to 14 CFR Part 158, as it may be amended or superseded from time-to-time.

"Public Areas" shall mean at any time those Terminal Building areas not leased on an exclusive or joint use basis, or otherwise, to any person, company, or corporation.

"Requesting AIF&INEff shall mean a scheduled AIRLINE desiring to provide new or increased commercial air transportation service at the Airport, or to provide a change of aircraft for existing service for which the scheduled ATRLINE does not have appropriate facilities at the Airport.

"Rules and Regulationsffshall mean those lawkl, reasonable and nondiscriminatory rules and regulations promulgated by CITY or operating directives issued by the Airport Director for the orderly use of the Airport by both the airlines and other tenants and users of the Airport as same may be amended, modified, or supplemented from time-to-time.

"Signatory Airlines" shall mean those airlines, including code sharing or affiliates of such airlines, providing Air Transportation to and from the Auport that have executed substantially similar agreements to this Agreement, including term, with CITY covering

the lease, use, and occupancy of facilities at the Airport. Except as otherwise provided herein, no Signatory AIRLINE shall have any right pursuant to this Agreement to object to CITY'S entry into a Scheduled AIRLINE Operating Agreement and Terminal Building Lease with any other AIRLINE.

Page 3 of 33 (Allegiant Air- Long Term Agreemeno

(U) "Total Landed Weight" shall mean the sum of the Maximum Certificated Gross Landing Weight for all AIRLINE arrivals for a relevant Fiscal Year (January lStthrough December 3 lS3.

(V) "Terminal Building Area'' shall mean the terminal building serving airlines and other related businesses, access roads, parking areas, rental car readylretum and service areas, and other areas surrounding the terminal building, as shown on Exhibit "A", as such areas currently exist, or as they may hereafter be relocated, constructed, modified, changed or developed from time-to-time.

Section 1.2 Cross-References

All references to articles, sections, and exhibits in this Agreement pertain to material in this Agreement, unless specifically noted otherwise.

Section 1.3 Construction of Certain Words

Words used in this Agreement may be construed as follows:

(A) Number-Words used in the singular include the plural, and words used in the plural include the singular.

(B) Tense - Words used in the present tense include the future.

ARTICLE 2 TERM

Section 2.1 ~erm

This agreement shall become effective as of June 1,2006, and shall extend for a period of three (3) years until May 3 1,2009, subject to earlier termination as specified in Article 12 herein. However, it is agreed by the parties that this agreement may be terminated by either party on not less than ninety (90) days' written notice from the party terminating to the other.

Section 2.2. Option to Extend:

Page 4 of 33 (Allegiant Air- Loplg Term Agreement)

Section 2.3 Holding Over.

If AIRLM remains in possession of the leased premises after the expiration of this Agreement without any written renewal thereof, such holding over shall not be deemed as a renewal or extension of this Agreement, but shall create only a tenancy fiom month to month that may be terminated at any time by CITY or AIRLINE upon 30 days written notice by either party. Such holding over shall otherwise be upon the same terms and conditions as set forth in this Agreement, except for the AlRLINE'S rental obligation.

Staying over past the term of this Agreement will constitute AIRLINE, upon acceptance of rental payment by CITY, a month-to-month tenant, at a revised rental rate of one and one half (1.5) times the rate prior to holding over.

ARTICLE 3 RIGHTS AND PRIVILEGES

Section 3.1 Use of the Airport

AIRL,TNE, its employees, passengers, guests, patrons, and invitees shall have the right to the use (in common with other duly authorized users) of the Airport and its appurtenances, together with all facilities, improvements, equipment, and services that have been or may hereafter be provided for common use at, or in connection with, the Airport, subject to the Rules and Regulations of CITY.

Section 3.2 Specific Rights of AIRLINE at the Airport

AIRLINE shall have the right, in addition to all rights elsewhere granted in this Agreement, but subject to the Rules and Regulations and Resolutions of CITY to use the Airport for the following purposes:

(A) The operation of an Air Transportation business by aircraft for the carriage of persons, property, cargo, and mail, including all activities reasonably necessary to such operation.

(B) The landing, taking off, flying over, taxiing, pushing, towing, loading, unloading, repairing, maintaining, conditioning, servicing, parking, storing, and testing of aircraft or other equipment of, or operated by, AIRLINE, or other certificated Air Transportation companies with which CITY has an agreement, including the right to provide or handle all or part of the operations or services of such other companies, all of which are subject

Page 5 of 33 (Allegiant Air- Long Term Agreement)

to CITY'S Rules and Regulations.

The sale of tickets, documentation of shipments, handling of reservations, and the loading and unloading of persons, property, cargo, and mail at the Airport by such motor vehicles or other means of conveyance as AIRLINE may desire to use in the operation of its Air Transportation business, or that of other certificated Air Transportation companies with which CITY has an agreement. Any ground transportation commercial carrier including AIRLINE (except for such ground transportation as AIRLINE may provide or arrange solely for the benefit of its employees) regularly transporting persons or their baggage to and from the Airport shall first secure and thereafter hold a valid lease, license, or other agreement with CITY for the right to carry persons or their baggage to and from the Airport and shall pay CITY such reasonable and nondiscriminatory rentals, fees, and percentages of the fares of such ground transportation commercial carrier for such right as CITY may set by agreements, resolutions, or Rules and Regulations.

@) The ground training at the Airport of persons and testing of equipment, such training and testing to be limited to that incidental to AIRLINE'S Air Transportation business at the Airport; provided that nothing in this paragraph shall preclude AIRLINE and CITY from entering into separate agreements for training at the Airport.

(E) The purchase of AIRLIFE'S requirements of personal property or services, including fuel, lubricants, food, beverage, and other passenger supplies, and any other materials and supplies used by AIRLINE from any person or company of ATRLINE'S choice, and the making of agreements with any person or company of AIRLINE'S choice for services to be performed for AIRLINE that are incidental to the operation of AIRLINE'S Air Transportation business. Nothing herein shall restrict CITY from levying a reasonable and non-discriminatory concession fee on any person or company providing property or services to AIRLINE that are not incidental to AIRLINE'S Air Transportation business.

(F) The sale, disposal, and exchange of AIRLINE'S aircraft, engines, accessories, and other equipment, and materials or supplies, provided that such right shall not be construed as authorizing the conduct of a separate regular business by AIRLINE, but as permitting AIRLINE to perform only such functions as are incidental to the operation of its Air Transportation business.

(G) The servicing by AIRLINE, or by its suppliers of materials, or its furnishers of services, of aircraft and other equipment operated by AIRLINE or by other Air Transportation companies with which AIRLINE has an applicable agreement to provide handling or servicing, line maintenance, or other materials or supplies, at assigned aircraft parking positions or other locations designated by the Airport Director.

Page 6 of 33 (Allegiant Air- Long Term Agreemeno

The installation and operation of identifying signs, posters, and graphics on AIRLINE'S leased premises, subject to the prior written approval of the Airport Director. Such signs shall be substantially uniforrn in size, types, and location with those of other airlines, consistent with Airport's Tenants Signage Standards, Rules and Regulations, and in compliance with all applicable laws and resolutions.

The installation, maintenance, and operation of radio, meteorological, and aerial navigation equipment and facilities at suitable locations on the Airport as may be necessary or convenient in the opinion of AIRLINE for its operations; provided that

(1) the location of such equipment and facilities shall be subject to the prior written approval of the Airport Director,

(2) the use and location of such equipment and facilities shall not conflict with other similar equipment and facilities on the Airport, and

(3) the location of such equipment and facilities on the Airport shall be subject to payment of such reasonable and nondiscriminatory fee or rental charge established by CITY for such location on the Airport by AIRLINE.

The installation, maintenance, and operation of computer data lines, telephone communications equipment and associated conduits, and telephone communications switch gear and support computers at suitable locations on the Airport, as may be necessary or convenient in the opinion of AIRLINE for its operations; provided that

(1) the location of such equipment shall be subject to the prior written approval of the Airport Director, if such location is not included in AIRLINE'S Exclusive Use Space;

(2) the use and location of such equipment shall not conflict with other similar equipment on the Airport, and

(3) the location of such equipment (other than conduit and cable) on the Airport shall be subject to payment of such reasonable and nondiscriminatory fee or rental charge established by CITY for such use of space on the Airport by AIRLINE unless such space is already leased to AIRLINE.

Section 3.3 Limitations on Use by AIRLINE

In connection with the exercise of its rights under this Agreement, AIRLINE shall not:

(A) Do, or permit to be done, anything within its control at or about the Airport that may

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interfere with the effectiveness or accessibility of the drainage and sewage system, water system, electrical system, heating system, natural gas system, air conditioning system, fire protection system, sprinkler system, alarm system, or fire hydrants and hoses, if any, installed or located on or within the premises of the Airport.

Do, or permit to be done, upon the Airport any act or thing within its control that will invalidate or conflict with any fire or other casualty insurance policies (copies of which, together with premium schedules, shall be furnished to AIRLINE on request) covering the Airport or any part thereof.

Dispose of, or permit any other person within its control (including service contractors) to dispose of, any waste material taken from, or products used (whether liquid or solid) with respect to, its aircraft into the sanitary or storm sewers at the Airport unless such waste material or products are fust properly treated by equipment installed with the approval of the Airport Director for that purpose and such disposal shall be in accordance with applicable state and local rules, regulations, laws and ordinances.

Keep or store within the enclosed portion of the premises, during any twenty-four (24) hour period, flammable liquids in excess of AIRLINE'S working requirements during said 24 hour period, except in storage facilities specially constructed for such purposes in accordance with standards established by the National Board of Fire Underwriters, and approved by the Airport Director from the standpoint of safety.

Do, or permit to be done, upon the Airport any act or thing within its control that will be in conflict with Federal Aviation Regulations Part 139 or with the Airport's operating certificate.

Do, or permit to be done upon the Airport, any act or thing within its control that will be in conflict with maintaining the integrity of the Airport Security Plan and TSR Part 1542, as amended, from time to time.

To the extent within AIRLINE'S control, do or permit to be done any act, or let any condition exist, which is in conflict with Environmental Protection Agency rules, regulations or directives, Texas Commission on Environmental Quality (TCEQ) rules and regulations, City of Laredo rules and regulations or state or federal laws.

Do, or permit to be done, at the Terminal Building Area heavy maintenance (i.e., engine changes, control surface replacements, overhauls) within AXRLLNE'S control.

ARTICLE 4 PREMISES

Page 8 of 33 (Allegianf Air- Long Term Agreemeni)

Section 4.1 Terminal Building Area Space

A. AIRLINE hereby leases the following areas (hereinafter referred to as AIRLINE'S "Exclusive Use Space", and "Joint Use Space") at the Airport in the Terminal Building Area (including designated aircraft gates) being more particularly delineated in Exhibit B.

Exclusive Use Space shall include the following: Room No. ADD~OX.square feet Ticket Counter AT0 6 Two positions Ticket Offices AT0 6 -130 Total 130

Joint Use Space shall include the following: Approx. square feet Queue area at ticket counters 2,639 Baggage Claim 1,408 Security Screening 725 Concourse area 7,480

B. AIRLINE shall use its Exclusive Use Space for office purposes and the sale of Air Transportation, handling, ticketing, billing, and manifesting of passengers, baggage, cargo, property, and mail in the conduct of its Air Transportation business or on behalf of any other Air Transportation company authorized by the Airport Director to use the Airport.

C. AIRLINE shall use the Joint Use Space for purposes designated for such space by the Airport Director, which shall include but is not limited to:

(1) security screening, (2) baggage claim (delivery and display of inbound passenger baggage), (3) passengers awaiting delivery of their baggage, (4) tug cart circulation and baggage loading and unloading, and (5) checking-in and boarding of passengers.

D. The CITY may designate area(s) within the Terminal Building Area to be used by agencies of the United States government for the inspection of passengers and their baggage, and for the exercise of other governmental activities with respect to the movement of persons and property into and out of the United States. Use of such space by AIRLINE shall be subject to payment of such reasonable and non-discriminatory fee or rental charge established by CITY for such use of space on the Airport by AIRLINE.

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Section 4.2 Surrender of the Premises

CITY shall not be required to give notice to quit possession of the premises leased hereunder upon expiration of the term of this Agreement. AIRLINE covenants and agrees that, on expiration of the term of this Agreement, or on earlier termination as hereinafter provided, it will peaceably surrender possession of the premises leased hereunder in good condition, reasonable wear and tear, acts of God, fire, and other casualties excepted, and CITY shall have the right to take possession of said premises. AIRLINE shall have the right on termination, and within thirty (30) days thereafter, to remove all trade fixtures, equipment, and other personal property installed or placed by it at its expense, in, on, or about the Airport, except that AIRLINE'S right shall be subject to any valid lien that CITY may have thereon for unpaid rentals or fees.

CITY shall have a statutory LESSOR'S lien on all merchandise, goods, chattels, implements, fixtures, tools, Wture, machinery and any other personal property which LBSSEE now or at any time hereafter may place in or upon the leased premises, all exemption of said property, or any part of it being herein expressly waived by the AIRLINE.

CITY IS HEREBY GRANTED AN EXPRESS CONTRACTUAL LESSOR'S LIEN ON THE ABOVE GOODS. ALL OR ANY EXEMPTION BEING HEREBY WAIVED BY AIRLINE, BUT WITHOUT LIMITING AIRLINE'S RIGHT TO SELL, EXCHANGE OR REPLACE SUCH GOODS FROM TIME TO TIME IN THE ORDINARY COURSE OF BUSINESS OR TRADE.

Default on rent entitles CITY, at its option, to take whatever lawful action reasonably necessary to protect CITY'S interest in said property, including the storing of liened goods for payment for a reasonable time, as well as the selling of such goods at public or private auction for rental due without waiving CITY'S right to the total rental due. AIRLINE shall not abandon any of its property on the premises without the prior written consent of the CITY. Any and all property not removed by AIRLINE within thirty (30) days, from the effective date of termination of this Agreement, except as otherwise mutually agreed upon by the parties hereto, shall thereupon, at the option of CITY, become a part of the land on which it is located, and title thereto shall vest with CITY. All CITY property damaged by, or as the result of, the removal of AIRLINE'S property shall be restored by AIRLINE, at its own expense, to the condition existing prior to such damage or according to such other arrangement to which CITY and AIRLINE may mutually agree to in writing.

Section 4.3 Accommodation of New and/or Existing Airlines

The parties hereto agree that every reasonable effort will be made to accommodate any other new entrant or incumbent AIRLINE, such carrier to be referred to hereinafter as "Requesting Airline". The parties agree that CITY will make every effort to accommodate such Requesting (Allegiant Air- Long Term Agreement)

Airline through direct lease of premises between CITY and Requesting Airline. In the event no premises which will accommodate the Requesting Airline are available for lease from CITY, the parties hereto recognize that it may become necessary to share the use of the premises demised herein with other airlines so as to reasonably accommodate new and/or additional Air

Transportation service at the Airport. AlRLINE agrees to cooperate with CITY by allowing the CITY to accommodate such Requesting Airline in its leased premises.

Section 4.4 Remodeling and New Construction

CITY reserves the right to provide Exclusive Use Space to the Requesting Airline which has in addition become a Signatory Airline, by remodeling existing space or constructing new space, subject to the provisions of Article 6 and Section 14.22 hereof.

Section 45 Access L A. Subject to the provisions hereof, the Rules and Regulations, and such restrictions as AIRLINE may impose with respect to its Exclusive Use Space, CITY hereby grants to AIRLINE, its agents, suppliers, employees, contractors, passengers, guests, and invitees, the right and privilege of access, ingress, and egress to the leased premises and to Public Areas and public facilities of the Airport, together with all improvements, facilities and equipment now or hereafter located thereon. The Public Areas shall be in the possession and control of CITY and shall at all times remain public property to be used only as public Airport facilities, except as may be otherwise provided herein.

B. The ingress and egress provided for in Section 4.5 (A) above shall not be used, enjoyed, or extended to any person engaging in any activity or performing any act or fbrnishing any service for or on behalf of AIRLINE that is not incidental to ATRLINE'S Air Transportation business and that AIRLINE is not authorized to engage in or perform under the provisions hereof unless expressly authorized by the Airport Director.

C. CITY shall have the right at any time to close, relocate, reconstruct, change, alter, or modify any such means of access, ingress, and egress provided for AIRLINE'S use pursuant to this Agreement or otherwise, either temporarily or pemanently, provided that reasonable notice to AIRLM and a reasonably convenient and adequate means of access, ingress, and egress shall exist or be provided in lieu thereof. CITY shall use its best efforts to limit such closing to the duration appropriate to the circumstances. CITY shall consult with AIRLINE prior to any such closing which would adversely affect ALRLINE'S operations unless such closing is necessitated by circumstances which pose an immediate threat to the health or safety of persons using the Airport. CITY shall suffer no liability by reason thereof, and such action shall in no way alter or affect any of AIRLINE'S obligations under this Agreement. (AZZegian t Air- Long Term Agreemeni)

ARTICLE 5 AIRPORT SECURITY Section 5.1 Airport Security

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

ARTICLE 6 RENTALS AM) FEES

Section 6.1 Consideration In consideration of the rights and privileges granted under this Agreement, AIRLINE agrees to pay CITY, without deduction or setoff, during the term of this Agreement, rentals and fees as set forth herein on the Effective Date for Rentals and Fees.

Section 6.2 Partial Month Charges

In the event the beginning or termination date with respect to any of the particular premises, facilities, rights, licenses, services, or privileges as herein provided falls on any day other than the first day of a calendar month, the applicable rentals, fees, and charges for that month shall be paid for said month on a prorated basis according to the number of days during which said particular premises, facilities, rights, licenses, services, or privileges were enjoyed during that month.

Section 6.3 Late Payments

In the event AIRLLNE fails to make payment within fifteen (1 5) days of the dates due as set forth in Section 14.22 (C)), then AIRLINE shall pay and CITY may charge, upon reasonable written notice to AIRLINE, a monthly service charge equal to the highest rate allowed by law on any such overdue mount and in any event no more than eighteen (18) percent ,and if AIRI,INE fails to make payment within ten (10) days after written notice from CITY to AIRLINE that such payments are late, AIRLINE shall also pay reasonable administrative costs and attorneys' fees incurred by CITY in attempting to obtain payment.

Page 12 of 33 (Allegiant Air- Long Term Agreement)

Section 6.4 Passenger Facility Charges

The CITY reserves the right to assess and collect Passenger Facility Charges subject to terms and conditions and such methods of collection set forth in the Aviation Safety and Capacity Expansion Act of 1990, section 91 10 ( the "PFC Act").

Section 6.5 Miscellaneous

The CITY may assess reasonable and non-discriminatory charges for miscellaneous facilities, activities, items or services provided to, or performed for, ADUINE by the CITY, but only if such charges, facilities, activities, items or services are not specified in this Agreement and are voIuntariIy accepted by AIRLINE.

Section 6.6 Information to be Supplied by AIRLINE

A. If AIRLINE fails to submit the revenue passenger reports required by Section 14.22(B) for the then current month by the tenth (10th) day of the succeeding month, CITY shall base its current rentals, fees, and charges upon the most recent data transmitted by AlRLINE to CITY, with such charges to be adjusted as necessary on the next succeeding payment date. If statistical data to be submitted by AIRLINE continues to be unavailable in the next succeeding month, CITY shall develop estimates as to AIRLINE'S monthly activity for use in the calculation of AIRLINE'S rentals, fees, and charges.

B. The acceptance by CITY of any AlRLINE payment shall not preclude CITY from verifying the accuracy of AIRLINE'S reports on which AIRLINE'S rentals, fees, and charges are based, and shall not be construed as a waiver of late payment penalty due on full or partial underpayment, if any.

ARTICLE 7

RATES FOR RENTALS, FEES, AND CHARGES

Rent per Enplaned Revenue Passenger:

Airline's monthly rental obligation for use of passenger terminal facilities shall be determined by the number of monthly enplaned revenue passengers multiplied by $2.50 per enplaned revenue passenger during the term of this agreement.

Page 13 of 33 (Allegiant Air- Long Term Agreement)

Landing Fees:

Airline's monthly Landing Fee obligation shall be $0.75 (Seventy-Five Cents) per thousand pounds Maximum Certificated Gross Landing Weight of Airline's aircraft and will be so until Airport's Landing Fee Ordinance is amended.

ARTICLE 8

MAINTENANCE, REPAIR, ALTERATIONS, AND IMPROVEMENTS

Section 8.1 AIRLINE'S Responsibilities

AIRLINE shall have the following maintenance and repair obligations:

A. AIRLINE agrees that, upon AIRLINE'S occupancy of its Exclusive Use Space, such space is in good, tenantable condition unless otherwise noted in writing to the Airport Director.

B. AIRLINE, except as hereinafter provided, shall not call on CITY for any of the following janitorial services or nonstructural repairs to its Exclusive Use Space and AIRLINE shall, at its sole expense and in a manner acceptable to CITY:

(1) Maintain its Exclusive Use Space in reasonably good, tenantable condition.

(2) Maintain the aircraft ramp area in a neat, clean, and orderly condition, free fiom litter, debris, refuse, petroleum products, or grease that may result from activities of its passengers, employees, agents, or suppliers; and remove from its aircraft parking positions, a11 oil, fuel, and grease spillage attributable to AIRLINE'S aircraft and equipment.

(3) Perform, at its sole expense, ordinary preventive maintenance and ordinary upkeep and nonstructural repair of all facilities, fixtures, personal property, and equipment.

(4) Immediately repair any damage, subject to Section 9.5 hereof, in any other space at the AIRPORT occasioned by the fault or negligence of AIRLINE, its servants, agents, employees and licensees.

C. Except as may be caused by the negligence of CITY, AIRLINE expressly agrees that CITY shall not be liable to AIRLINE, its employees, passengers, or business visitors for bodily injury or for any loss or damage to real or personal property occasioned by flood, fire, earthquake,

Page 14 of 33 (Allegiant Air- Long Term Agreement)

lightning, windstorm, hail, explosion, riot, strike, civil commotion, smoke, vandalism, malicious mischief, or acts of civil authority.

D. If A.IRL,INE fails to perform its obligations under this Article 8 after notice and reasonable opportunity to cure such failure, CITY may do so and recover its entire cost plus a fifteen percent (1 5%) administrative charge fkom AIRLINE as Additional Rent on the next rental due date.

Section 8.2 CITY'S Responsibilities

A. CITY, during the term of this Agreement, shall retain FAA Airport Certification and keep in good repair, or arrange for the operation, maintenance, and reasonably good repair of, all areas and facilities of the Airport except as specifically otherwise assigned by this Agreement, including, but not limited to, the Public Areas and the Joint Use Space of the Terminal Building, vehicular parking areas, runways, landing lights, floodlights, beacons and other field lighting, taxiways, aprons, aircraft parking area striping, roadways, and all appurtenances, facilities, and services now or hereafter connected with the foregoing. CITY also shall keep the Airport reasonably free from obstructions, including, without limitation, vegetation, stones, and other foreign matter, as reasonably necessary, fi-om the landing area, ramp area, taxi area, roadways, vehicular parking areas, and aircraft parking areas for the safe, convenient, and proper use of the Airport by ADZLINE.

B. CITY shall operate and maintain the Mort in a reasonably prudent manner and in accordance with the rules, regulations and orders of any federal or state agency having jurisdiction with respect thereto.

C. CITY shall maintain the exterior portions of the walls and roof of the Exclusive Use Space and all central mechanical distribution systems in good repair and condition.

D. The undertakings by CITY under this Section 8.2 do not relieve AIRLINE of its duties to maintain its Airline Premises as specified in Section 8.1 and to use Joint Use facilities with due care.

E. CITY shall use its best efforts to keep the Airport open and in operation for landings and take- offs of aircraft of any type designed to use facilities similar to those at the Airport. In such regard, CITY shall employ or cause to be employed construction, reconstruction and repair techniques (including supervision and construction management) which will minimize Airport operational delays or disruptions reasonably expected to result fiom such construction, reconstruction or repair, including but not limited to coordination with affected AIRLINE'S representatives or its designee.

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Section 8.3 CITY'S Right to Inspect and Make Repairs

CITY, by its authorized officers, employees, agents, contractors, subcontractors, and other representatives, shall have the right (at such time and upon reasonable notice to AIRLINE as may be reasonable under the circumstances and with as little interruption of AIRLINE'S operations as is reasonably practicable) to enter AIRLINE'S Exclusive Use Space and Joint Use Space for the following purposes:

(A) to inspect such space to determine whether AIRLINE has complied and is complying with the terns and conditions of this Agreement;

(B) to accomplish repairs or replacements by CITY pursuant to Section 8.2, or in any case where AIRLINE is obligated to make repairs or replacements and has failed to do so, after notice as provided herein, make such repairs or replacements on AIRLINE'S behalf, and

No such entry by or on behalf of CITY upon any Exclusive Use Space leased to AIRLINE shall cause or constitute a termination of the letting thereof or be deemed to constitute an interference with the possession thereof by AIRLINE.

Section 8.4 Alterations and Improvements

AIRLINE shall make no alterations, additions, improvements to, or installations on the space leased under this Agreement without the prior written approval of the Airport Director.

ARTICLE 9 DAMAGE OR DESTRUCTION TO PREMISES

Section 9.1 Minor Damage

If any part of AIIUINE premises, or adjacent facilities directly and substantially affecting the use of AIRLINE premises, shall be partially damaged by fire or other casualty, but said circumstances do not render AIRLINE premises untenantable as reasonably determined by the CITY, the same shall be repaired to usable condition with due diligence by the CITY as provided in Section 9.4.

Section 9.2 Substantial Damage.

If any part of AIRLINE premises, or adjacent facilities directly and substantially affecting the

Page 16 of 33 (Allegiant Air- Long Term Agreement)

use of AIRLINE premises, shall be so extensively damaged by fire, or other casualty, as to render any portion of said AIRLINE premises untenantable but capable of being repaired, as reasonably detemrined by the CITY, the same shall be repaired to usable condition with due diligence by the CITY as provided in Section 9.4. In such case, the rentals payable hereunder with respect to affected AIRLINE premises shall be paid up to the time of such damage and shall thereafter be abated in the proportion that the part of the area rendered untenantable bears to total AIRLINE premises of the same category and area. Such abatement in rent will continue until such time as such affected AIRI,INE premises shall be restored adequately for AIRLINE'S use. The CITY shall use its best efforts to provide alternate facilities to continue AIRLINE'S operation while repair, reconstruction or replacement is being completed, at a rental rate not to exceed that provided in this Agreement for comparable space.

Section 9.3 Total Damage.

A. If any part of AIRLINE premises, or adjacent facilities directly and substantially affecting the use of AIRLINE premises, shall be damaged by fire or other casualty, and is so extensively damaged as to render any portion of said AIRT,INE premises incapable of being repaired, as reasonably determined by the CITY, the CITY shall notify AIRLINE within a period of ninety (90) days after the date of such damage of its decision whether to reconstruct or replace said space. However, the CITY shall be under no obligation to replace or reconstruct such premises. The rentals payable hereunder with respect to affected AIRLINE premises shall be paid up to the time of such damage and thereafter shall cease until such time as replacement or reconstructed space shall be available for use by AIRLINE.

B. In the event the CITY elects to reconstruct or replace affected AIRLINE premises, the CITY shall use its best efforts to provide alternate facilities to continue AIRLINE'S operation while repair, reconstruction or replacement is being completed, at a rental rate not to exceed that provided in this Agreement for comparable space. However, if such damaged space shall not have been replaced or reconstructed, or the CITY is not diligently pursuing such replacement or reconstruction, within six (6) months after the date of such damage or destruction, AIRLINE shall have the right, upon giving the CITY thirty (30) days advance written notice, to delete the affected AIRLINE premises fiom this Agreement, but this Agreement shall remain in effect with respect to the remainder of said AlRLINE premises, unless such damaged or destroyed premises prevent AIRI,][NE fiom operating at Airport.

C. In the event the CITY elects not to reconstruct or replace affected AIRLINE Premises, the CITY shall meet and consult with AIRLINE on ways to permanently provide AIRLINE with adequate replacement space for affected AIRLINE premises. AIRLINE shall have the right, upon giving the CITY thirty (30) days advance written notice, to delete the affected AIRLINE premises &om this Agreement, but this Agreement shall remain in full force and effect with respect to the remainder of said AIRLINE Premises, unless the loss of such premises prevents

Page 17 of 33 (Allegiant Air- Long Term Agreement)

AIRI,lNE from operating at Airport.

Section 9.4 Scope of Restoration of Premises.

A. The CITY'S obligations to repair, reconstruct, or replace affected premises under the provisions of this Article 9 shall in any event be limited to using due diligence and best efforts to restore affected AIRLINE premises to substantially the same condition that existed prior to any such damage and shall further be limited to the extent of insurance proceeds available to the CITY for such repair, reconstruction, or replacement. AIRLINE agrees that if the CITY elects to repair, reconstruct, or replace affected premises as provided in this Article 9, then AIRLINE shall proceed with reasonable diligence and at its sole cost and expense to repair, reconstruct, or replace its signs, fixtures, furnishings, equipment and other items provided or installed by AIRL,lNE in or about AIRLINE premises in a manner and in a condition at least equal to that which existed prior to said damage or destruction.

B. In lieu of the CITY'S repair, reconstruction or replacement of the affected premises, as provided in Section 9.4 (A), if AIRLINE requests to perform said function with respect to damage under Section 9.1 and 9.2, the CITY may in its sole discretion, allow the AIRLINE to perform such work. AIRLINE shall not be performing such work as an agent or contractor of the CITY. The CITY shall reimburse AIRLINE for the cost of such work performed by AZRI,INE that was otherwise the obligation of the CITY if prior to performing such work, the CITY and AIRLINE agree that such work is the obligation of the CITY to perform.

Section 9.5 Damage From AIRLINE Negligence.

Notwithstanding the provisions of this Article 9, in the event that due to the negligence or willful act of AlRLINE, its agents, servants or employees, or those under its control, AIRLINE premises shall be damaged or destroyed by fire, casualty or otherwise, there shall be no abatement of rent during the restoration or replacement of said AIRLINE premises and AIRLINE shall have no option to delete the affected AIRLn\TE premises fi-om this Agreement under the provisions of this Article 9. To the extent that the costs of repairs shall exceed the amount of any insurance proceeds payable to the CITY by reason of such damage or destruction, AIRLINE shall pay the amount of such additional costs to the CITY. CITY waives any claim against AIRLINE for damage caused by AIRLINE to the extent CITY is paid insurance provided in connection therewith.

ARTICLE 10 INSURANCE AND INDEMNIFICATION

Page 18 of 33 (Allegiant Air- Long Term Agreement)

Section 10.1 Indemnification.

A. AIRLINE shall indemnify, defend, and hold harmless the CITY, its council members, managers, officers, agents and employees, individually or collectively, from and against all claims, actions, damages, loss and liability, together with all reasonable expenses, including attorney fees, incidental to the investigation and defense thereof by reason of injury or damage to persons or property sustained in whole or in part as a result of an act, omission or negligence of AIRLINE, its officers, agents or employees, subtenants, contractors of AIRLINE arising out of, or incident to, this Agreement. The provisions of this Section 10.1A and Section 10.2A shall exclude claims or actions arising out of the negligence or willful act of the CITY, council members, officers, agents or employees. The CITY shall give the AIRLINE prompt and reasonable notice of any claims or actions, and AIRLINE shall have the right to investigate and compromise said claims or actions. The provisions of this Section 10.1 shall survive the expiration or earlier termination of this Agreement.

B. AIRLINE shall indemnify, defend and hold harmless, the CITY, its council members, managers, officers, agents and employees, individually or collectively from and against any and all claims, actions, damages, loss and liability, together with all reasonable expenses incidental to the investigation and defense thereof, in any way arising from or based upon the violation of any federal, state, or municipal laws, statutes, ordinances, or regulations, by AIRLINE, its officers or agents, employees, arising out of, or incident to, this Agreement.

Section 10.2 AIRLINE Insurance.

A. AIRLINE shall maintain liability insurance for the protection of AIRLINE and the CITY as herein provided, its managers, officers, agents, and employees, insuring against damages because of bodily injury, death, property damage, and arising out of any operations of AJRLINE in connection with this Agreement. Coverage shall provide limits per occurrence to a combined single limit in amounts not less than those set forth below:

1. Liability Insurance and Comprehensive General Liability Insurance: Limits of liability for AIRLINE shall be determined by the capacity in passenger seats of the largest aircraft in AIRLINE'S fleet as follows:

a. Not less than one hundred fifty million dollars ($150,000,000) per occurrence for airlines operating aircraft of one hundred (100) seats or more;

b. Not less than one hundred million dollars ($100,000,000) per occurrence for airlines operating aircraft of between sixty (60) and ninety-nine (99) seats;

Page 19 of 33 (AZIegiani Air- Long Term Agreement)

c. Not less than fifty million dollars ($50,000,000) per occurrence for airlines operating aircraft of between twenty (20) and fifty-nine (59) seats; Personal injury is limited to twenty five (25) million each occurrence and in the annual aggregate except with respect to passengers;

d. Not less than twenty million dollars ($20,000,000) per occurrence for airlines operating aircraft of nineteen (19) or fewer seats.

2. Hangar Keepers Liability Insurance:

Hangar keepers liability insurance in an amount adequate to cover any non-owned property in the care, custody, and control of AlRLINE on the Airport, but in any event in an amount not less than five million dollars ($5,000,000).

3. Automobile Liability Insurance:

Automobile liability insurance in an amount adequate to cover automobile insurance while on Airport Premises in an amount not less than five million dollars ($5,000,000) per person, per occurrence.

Such insurance shall, to the extent of AlRLINE'S indemnification obligations hereunder, name the CITY, as additional insured with the stipulation that this insurance, as to the interest of the CITY only, shall not be invalidated by any act or neglect or breach of contract by AIRLINE. The coverage provided by this policy(ies) shall be primary coverage and any other insurance carried by the CITY is excess.

B. AIRLINE shall maintain in force workers' compensation insurance including coverage for "Employers' Liability."

C. AIRLINE shall furnish the CITY, no later than thlrty (30) days following the execution of this Agreement, a certificate(s) of insurance as evidence that the then required amounts and types of such insurance are in force. The CITY reserves the right to require a certified copy of such certificates upon request. AIRLINE shall name the CITY as an additional insured on such insurance policy or policies to the extent of AIRT,INE7Sindemnification obligations hereunder. Said policies shall be in a form, content and for a term generally used by Scheduled Air Carriers similar to AIRLINE in their routine operations and shall provide for thirty (30) days' written notice to the CITY prior to the cancellation of, or any material change in such policies.

ARTICLE 11

RULES AND REGULATIONS, COMPLIANCE WITH LAWS

Page 20 of 33 (Allegiant Air- Long Term Agreemeno

AND AFFIRMATIVE ACTION, NONDISCRIMINATION

Section 11.1 Rules and Regulations

A. AIRLINE shall observe and obey all resolutions and Rules and Regulations governing conduct on and operations at the Airport and use of its facilities. CITY agrees that all Rules and Regulations so promulgated shall not be inconsistent with the express terms of this Agreement or any legally authorized rule or regulation of the FAA, or any other federal or state agency, which is binding in law on AIRLINE, as the same now are or may &om time-to-time be amended or supplemented. Except as so expressly limited, CITY'S authority to promulgate or amend Rules and Regulations shall not be affected by this Agreement.

B. AIRLINE shall not violate, nor permit its agents, contractors, or employees acting on AIRLINE'S behalf to violate any such Rules and Regulations that are now in effect or as may &om time-to-time during the term hereof be promulgated by CITY. Copies of the Rules and Regulations, as adopted, shall be forwarded to AIRLINE'S local manager.

C. CITY, acting in its governmental capacity and not as Airport operator, shall prescribe civil penalties and injunctive remedies for violations of such Rules and Regulations, and the same may be applied to AIRLINE for violations by its agents, employees, and contractors acting on AIRLINE'S behalf. Nothing contained in this Section 11.1 shall prevent AZRLINE from contesting in good faith any Rules and Regulations.

Section 11.2 Compliance with Law

A. AIRLPNE shall not use its Exclusive Use Space, Joint Use Space, or any part thereof, or permit the same to be used by any of its employees, officers, agents, subtenants, invitees, or licensees for any illegal purposes and shall, at all times during the term of this Agreement, comply with all applicable resolutions, laws, and Rules and Regulations of CITY and of any CITY, county, or state government or agency or of the US. Government, and of any political division or subdivision of agency, CITY, or commission thereof that may have jurisdiction to pass laws or ordinances or to make and enforce rules or regulations with respect to the uses hereunder or to the Exclusive Use Space and Joint Use Space.

B. At all times during the term of this Agreement, AIRLINE shall, in connection with AIRLINE'S activities and operations at the Airport:

(1) Comply with and conform to all existing and future statutes, resolutions and ordinances, and the rules and regulations promulgated thereunder, of all Federal, State, and other governmental bodies of competent jurisdiction that apply to or affect, either directly or indirectly, AIRLINE or AIRLINE'S operations and

Page 21 of 33 (Allegiant Air- Long Term Agreement)

activities under this Agreement.

(2) Make, at AIRLINE'S own expense, all nonstructural improvements, repairs, and alterations to its Exclusive Use Space, equipment, and personal property that are required to comply with or conform to any of such laws, ordinances, and rules and regulations referred to in Section 11.2 (B)(l), to which this Agreement is expressly subject.

(3) Reimburse CITY for AIRLINE'S prorata share in accordance with the Joint Use Formula of all nonstructural improvements, repairs, and alterations to AIRI,INEYS Joint Use Space that are required to comply with or conform to any of such laws, ordinances, and rules and regulations referred to in Section 11.2 (B)(l), to which this Agreement is expressly subject.

(4) Be and remain an independent contractor with respect to all installations, construction, and services performed by or at the request of AIRLINE, hereunder.

Section 11.3 Nondiscrimination

AIRLINE, as part of the consideration hereof and as a covenant running with the lease, hereby covenants and agrees that:

A. In the event facilities are constructed, maintained, or otherwise operated for a purpose for which a Federal Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, AIRLINE shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as such regulations may be amended.

B. No person on the grounds of race, creed, color, national origin, sex, age, or physical handicap shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

C. No person on the grounds of race, creed, color, national origin, sex, age, or physical handicap shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the construction of any improvements on, over, or under the lease premises and the furnishing of services thereon.

D. AIRLINE shall use the Premises in compliance with all other requirements imposed by or

Page 22 of 33 (Allegiant Air- Long Term Agreement) pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in

Federally Assisted Programs of the Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as such regulations may be amended.

E. AIRLINE agrees that it shall insert the provisions of Section 11.3 (A), (B), (C), and (D), inclusive, in any lease or other agreement by which it grants a right or privilege to any person, firm, or corporation to render accommodations and/or services to the public on the premises herein leased.

F. In the event of breach of any of the nondiscrimination covenants set forth in this Section 11.3, CITY shall have the right to terminate this Agreement and to reenter and repossess the Premises and the facilities thereon, and hold the same as if this Agreement had never been made or issued. This provision shall not become effective until the procedures of Title 49, Code of Federal Regulations, Part 21, are followed and completed, including the expiration of appeal rights.

G. AIE?LINE assures CITY that AIRLINE will, to the extent authorized by law, undertake an affirmative action program as required by FAA Regulations, Title 14, Code of Federal Regulations, Part 152, Subpart E, entitled "Nondiscrimination in Airport Aid Program," or otherwise approved by the FAA, to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or physical handicap, be excluded from participation in any employment activities covered in such Subpart E. AIRLINE further assures CITY that no person shall be excluded on such grounds from participating in or receiving the services or benefits of any program or activity covered by such Subpart E. AIRLINE Wher assures CITY that it will require that its covered suborganizations provide assurances to AIRLINE that, to the extent authorized by law, they similarly will undertake affirmative action programs and that they will require assurances *om their suborganizations, as required by Title 14, Code of Federal Regulations, Part 152, Subpart E, to the same effect.

H. AIRLINE covenants and agrees that no person shall be excluded from participation in, denied the benefits of, or otherwise discriminated against in the performance of this Agreement on the grounds of race, color, national origin, or sex, as provided in Part 23, of Title 49, of the Code of Federal Regulations entitled "Participation by Minority Business Enterprise in Department of Transportation Programs."

I. In the event of a breach by AIRLINE of any of the assurances or covenants in Section 11.3 (G), and (H), CITY shall have the right to terminate this Agreement, and to reenter and repossess any leased facilities hereunder, and to hold the same as if this Agreement had never been made or issued, but not without the express prior concurrence or direction of the US. Department of Transportation or the FAA following suitable review, if any, of such breach and affording

Page 23 of 33 (Allegiant Air- Long Term Agreement)

AIRLINE! a reasonable opportunity to rectify the same, if appropriate.

ARTICLE 12 DEFAULT AND TERMINATION

Section 12.1 Events of Default

If AIRLINE fails to:

A. pay rent or make any other payment past due hereunder within fifteen (15) days after receipt of written notice of nonpayment; or

B. commence immediately to keep and perform any of its covenants and agreements hereunder within fifteen (15) days after receipt of written notice; or

C. continue to complete any of its covenants and agreements hereunder after performance is commenced; or after the filing of any petition, proceedings or action by, for, or against AIRLINE under any insolvency, bankruptcy, or reorganization act of law. Then at the election of CITY:

Without terminating this Agreement, CITY may re-enter the space and restore to rentable condition and relet all or any part of it to others, including costs of restoration and a fifteen percent (15%) administrative fee to be paid to CITY. AIRLINE shall promptly reimburse CITY for any deficiency in rentals or other payments received under such subletting, compared with AIRLINE'S obligations hereunder.

At any time before or after a reentry and reletting as provided in Section 12.1(C)(l) above, CITY may terminate AIRLINE'S rights under this Agreement, and CITY may reenter and take possession of all space, and cancel all rights and privileges granted to AIRLINE hereunder, without any restriction on recovery by CITY for past due rentals and other obligations of AIRLINE.

CITY shall have all additional rights and remedies as may be provided to landlords by law.

Section 12.2 Events Permitting Termination of Agreement by AIRLINE

A. AIRLINE may terminate this Agreement and all of its future obligations hereunder at any time that AIRLINE is not in default in its payments or other obligations to CITY hereunder, by giving the Airport Director thirty (30) days advance written notice if:

Page 24 of 33 (Allegiant Air- Long Term Agreement)

(1) CITY is in default of any material provision of this Agreement; or

(2) AIRLINE becomes subject to any order, rule or regulation of any Federal or State agency or to a court order which prevents or substantially prevents AIRLINE'S use of the Airport for more than ninety (90) days following written notice by AIRLINE to the Airport Director; or

(3) AIRLINE terminates its Air Transportation business at the Airport.

B. AIRLINE termination shall not be effective unless and until at least thirty (30) days have elapsed after written notice to CITY specifying the date upon which such termination shall take effect and the reason for such termination. CITY may cure the cause of such termination within said (30) day period, or such longer time as the parties may agree thereto.

Section 12.3 Events Permitting Termination of Agreement by CITY

A. CITY, at its option, may declare this Agreement terminated on the occurrence of any one or more of the following events, and may exercise all rights of entry and re-entry of AIRLINE'S Exclusive Use Space:

If the rentals and fees, or other money payments that AIRLINE herein agrees to pay, or any part hereof, shall be unpaid on the date same becomes due as provided for in Section 12.1 herein.

If any act occurs that deprives AIRLINE permanently of the rights, power, and privileges necessary for the proper conduct and operation of its Air Transportation business.

In the event AIRLINE fails to provide scheduled Air Transportation for a period of seven (7) consecutive days (except for events of force majeure as defined in Section 14.1 1 of this Agreement), CITY may cancel this Agreement on fifteen (15) days written notice. However, if AIRLINE cures the breach within this fifteen (1 5) day period, the Agreement shall continue in full force and effect.

If AIRLINE abandons and fails to use its Exclusive Use Space for a period of thirty (30) days at any one time, except when such abandonment and cessation are due to fire, earthquake, strike, governmental action, default of CITY, or other cause beyond AIRLINE'S control.

If AJRLINE fails to operate at least five (5) weekly scheduled passenger service departures &om the Airport, for a period of thirty (30) days or more (except by

Page 25 of 33 (Allegiant Air- Long Term Agreement)

reason of an event of Force Majeure).

B. CITY termination shall not be effective unless and until at least thirty (30) days have elapsed after written notice to AIRCINE specifying the date upon which such termination shall take effect and the reason for such termination. AIRLINE may cure the cause of such termination within said (30) day period, or such longer time as the parties may agree thereto.

Section 12.4 Possession by CITY

In any of the aforesaid events, CITY may take possession of the leased premises upon ten (1 0) days notice and remove ADRLINE'S effects, without being deemed guilty of trespassing. On said default, all rights of AIRLINE shall be forfeited, provided CITY shall have and reserve all of its available remedies at law as a result of said breach of this Agreement.

Failure of CITY to declare this Agreement terminated on default of AlRLINE for any of the reasons set forth herein shall not operate to bar, destroy, or waive the right of CITY to cancel this Agreement by reason of any subsequent violation of the terms hereof.

ARTICLE 13 ASSIGNMENT, SUBLETTING, MERGER and BANKRUPTCY

Section 13.1 Assignment and Subletting

AIRLINE shall not assign this Agreement, or any part hereof in any manner whatsoever or sublet the premises or any part thereof or any of the privileges recited herein without the prior written consent of the Airport Director. However, AIRLINE shall have the right to assign all or any part of its rights and interests under this Agreement to any affiliated Air Transportation company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its assets, and the consent of CITY thereto shall not be required; provided, however, due notice of any such assignment shall be given to the Airport Director at least thirty (30) days prior to such assignment hereunder.

Section 13.2 Nonwaiver of Responsibility

No assignment, transfer, conveyance, sublease, or granting a nonexclusive license by AIRLINE shall relieve AIRLINE of its responsibility for payment of rent and performance of all other obligations provided in this Agreement, without specific written consent of the Airport Director to such relief.

Page 26 of 33 (Allegiant Air- Long Term Agreement)

Section 13.3 Relinquishment of Space

If AIRLINE desires to relinquish any of its Exclusive Use Space or any rights to Joint Use Space, AIRLINE may notify the Airport Director of the space available, and the Airport Director shall use a best effort to reassign the space to another AIRLINE. No reassignment by the Airport Director, nor any assignment, transfer, conveyance, or sublease by AIRLINE shall relieve AIRLINE of its primary responsibility for payment of rent and performance of all other obligations provided in this Agreement, without specific written consent by the Airport Director to such relief.

Section 13.4 Ground Handling Agreements

In the event AIRLINE desires to ground handle any portion of the operations of another AIRLINE, AIRLINE shall obtain prior written permission of the Airport Director.

Section 13.5 Bankruptcy

Notwithstanding Section 13.1, any party to this Agreement which seeks protection under the Bankruptcy Code, or is currently operating under the protection of the Bankruptcy Code, herein called "Debtor", shall be prohibited from conveying its interest under this Agreement to any other entity without written authorization of CITY. In the event that such a Debtor intends to assume the Agreement, or assume and assign the Agreement pursuant to 11 U.S.C. $365, the Debtor shall be required to immediately cure any and all defaults and provide adequate assurance of future performance under the Agreement which shall include, but not be limited to:

A. Adequate assurance of the reliability of the proposed source for the rentals due under this Agreement on the assumption or assignment of this Agreement.

B. Adequate assurance that all other consideration due under this Agreement shall be forthcoming after the assumption or assignment of this Agreement.

C. The procurement of a bond from a financially reputable surety covering any costs or damages incurred by CITY in the event that CITY, within one (1) year following the assumption or assignment of this Agreement, becomes entitled to, and exercises, any right to reassign the leased space covered under this Agreement.

Section 13.6 Consent

Consent by the Airport Director to any type of transfer provided for by this Article 13 shall not in any way be construed to relieve AIRLINE from obtaining further consent for any subsequent

Page 27 of 33 (Allegiant Air- Long Term Agreement)

transfer or assignment of any nature whatsoever.

ARTICLE 14 GENERAL PROVISIONS

Section 14.1 Successors and Assigns Bound

This Agreement shall be binding on and inure to the benefit of the successors and assigns of the parties hereto.

Section 14.2 Governing Law

Agreement and all disputes arising here under shall be governed by the laws of the State of Texas.

Section 14.3 Severability

If any covenant, condition, or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such covenant, condition, or provision shall in no way affect any other covenant, condition, or provision herein contained, provided that the invalidity of any such covenant, condition, or provision does not materially prejudice either party hereto in its respective rights and obligations contained in the valid covenants, conditions, or provisions in this Agreement.

Section 14.4 Quiet Enjoyment

AIRLINE shall, upon payment of the rentals and fees herein required, and subject to performance and compliance by AIRLINE of the covenants, conditions, and agreements on the part of AIRLINE to be performed and complied with hereunder, peaceably have and enjoy the rights, uses, and privileges of the Airport, its appurtenances, and facilities as granted hereby and by the Rules and Regulations.

Section 114.5 Taxes

A. AIRLINE shall pay, but such payment shall not be considered part of Airport Revenue, all taxes (including any possessory interest tax), assessments, and charges of a like nature, if any, which at any time during the term of this Agreement may be levied against AIRLINE or become a lien by virtue of any levy, assessment, or charge against AIRLINE by the Federal government, the State of Texas, CITY of Laredo, Webb County, any municipal corporation, any local government entity, any government successor in authority to the foregoing, or any other tax or assessment levying bodies, in whole or in part, upon or in respect to any of the space leased

Page 28 of 33 (Allegiant Air- Long Term Agreement)

under this Agreement or such facilities of the Airport as are made available for use by AIRLINE, hereunder, or upon or in respect to any personal property belonging to AIRLINE situated on the space leased under this Agreement. Payment of such taxes, assessments, and charges, when and if levied or assessed, shall be made by AIRLINE directly to the taxing or assessing authority charged with collection thereof.

B. On any termination of this Agreement, all lawful taxes then levied or a lien upon any such property or taxable interest therein shall be paid in full by AIRLINE forthwith, or as soon as a statement thereof has been issued by the tax collector if termination occurs during the interval between attachment of the lien and issuance of a statement.

C. AIRLINE shall give specific written notification of the tax status on all personal property conveyed, transferred or assigned, collaterally or otherwise by AIRLINE to a third party so that any said third party shall not qualify as a bonafide purchaser for value as such status related to any outstanding ad valorem personal property taxes owed to CITY under the existing tax laws of the State of Texas and otherwise assessed outside the terms of this Agreement.

Section 14.6 Liens

AIRLINE shall cause to be removed promptly any and all liens of any nature arising out of or because of any construction performed by AIRLINE or any of its contractors or subcontractors upon Exclusive or Joint Use Space or arising out of or because of the performance of any work or labor by or for it or them at said premises, reserving the right to contest in court the validity of any such liens. AIRLINE shall have the right to post an appropriate bond to cover its obligations pursuant to this paragraph.

In the event any person or corporation shall attempt to assert a mechanic's lien against the leased premises for improvements made by AIRLINE, AlRLINE shall hold CITY harmless from such claim, including the cost of defense.

Section 14.7 Subordination to Agreements with the U.S. Government

This Agreement is subject and subordinate to the provisions of any agreements heretofore or hereafter made between CITY and the United States, relative to the operation or maintenance of the Airport, or to the expenditure of Federal hdsfor the improvement or development of the Airport, including the expenditure of Federal funds for the development of the Airport in accordance with the provisions of the Federal Aviation Act of 1958, the Federal Aid to Airport Act, the Airport and Airway Development Act of 1970, and the Airport and Airway Improvement Act of 1982, as such acts have been amended or replaced fiorn time-to-time. In the event that the FAA requires, as a condition precedent to the granting of funds for the improvement of the Airport, modifications or changes to this Agreement, AIRLINE agrees to

Page 29 of 33 (Allegiant Air- Long Term Agreement)

consent to such amendments, modifications, revisions, supplements, or deletions of any of the terms, conditions, or requirements of this Agreement as may be required to enable CITY to obtain such grant of hnds.

Section 14.8 Incorporation of Exhibits

All exhibits referred to in this Agreement are intended to be and hereby are specifically made a part of this Agreement.

Section 14.9 Entire Agreement

This Agreement, together with Exhibits A, B and C attached hereto, constitutes the entire agreement between the parties hereto, and all other representations or statements heretofore made, verbal or written, are merged herein, and this Agreement may be amended or supplemented only in writing, and executed by duly authorized representatives of the parties hereto.

Section 14.10 Nonwaiver of Rights

No waiver of default by either party of any of the terms, covenants, and conditions hereof to be performed, kept, and observed by the other party shall be construed, or shall operate, as a waiver of any subsequent default of any of the terms, covenants, or conditions herein contained, to be performed, kept, and observed by the other party.

Section 14.11 Force Majeure

A. In the event of either party being rendered unable wholly, or in part, by force majeure to carry out its obligations under this Agreement, other than its obligations to make payments of money due hereunder then on such party's giving notice and full particulars of such force majeure in writing to the other party as soon as possible after the occurrence of the cause relied on, then the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of any inability so caused, but for no longer period, and such cause shall, as far as possible, be remedied with all reasonable dispatch. In the event either party hereto has with its employees what is commonly known as a labor dispute, each party does hereby reserve unto itself the right to handle said dispute in its own fashion and as it shall, in its uncontrolled discretion, deem best and without interference from the other party.

B. The term "force majeure" as employed herein shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemies, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, arrests and restraints of rulers and people, civil disturbances, explosions, inability with reasonable

Page 30 of 33 (Allegiant Air- Long Term Agreement)

diligence to obtain materials, and any other causes not within the control of the party claiming a suspension, which by the exercise of due diligence such party shall not have been able to avoid or overcome.

Section 14.12 Headings

The headings of the several articles and sections of this Agreement are inserted only as a matter of convenience and for reference and do not define or limit the scope or intent of any provisions of this Agreement and shall not be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof.

Section 14.13 Nonexclusive Rights It is understood and agreed that nothing herein contained shall be construed to grant to AIRLINE any exclusive right or privilege within the meaning of Section 308 of the Federal Aviation Act for the conduct of any activity on the Airport, except that, subject to the terms and provisions hereof, AIRLINE shall have the right to exclusive possession of the Exclusive Use Space leased to AIRLLNE under the provisions of this Agreement.

Section 14.14 Inspection of Books and Records

Each party hereto, at its expense and on reasonable notice, shall have the right from time-to-time to inspect the books, records, and other data of the other party relating to the provisions and requirements hereof, provided such inspection is made during regular business hours. Each party shall retain all such records for a period of at least three (3) years. On at least thirty (30) days prior written notice, each party agrees to make any records required hereunder available to the other party at the other parties' offices at the Airport.

Section 14.15 Consent Not to be Unreasonably Withheld

Whenever consent, permission, or prior written approval is required by either CITY or AIRLINE, such consent, permission, or prior written approval is not to be unreasonably withheld or delayed.

Section 14.16 Authority of Airport Director

A11 rights and obligations of CITY under this Agreement may be exercised by the Airport Director or his designee, unless specifically provided otherwise or required by law.

Section 14.17 Amendments

This Agreement may be amended in whole or in part without further consideration upon mutual written consent of CITY and AIRLINE.

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Section 14.18 Employees of AIRLINE

AIRLINE shall require all of its employees, subcontractors, or independent contractors hired by AIRLINE working in view of the public and about the Terminal Building Area to wear clean and neat attire and to display appropriate identification.

Section 14.19 RemovaI of Disabled Aircraft

AIRLINE shall promptly remove any of its disabled aircraft fiom any part of the Airport (including, without limitation, runways, taxiways, aprons, and gate positions) and place any such disabled aircraft in such storage areas as may be designated by the Airport Director. AIRLINE may store such disabled aircraft only for such length of time and on such terms and conditions as may be established by CITY. If AIRLINE fails to remove any of its disabled aircraft promptly, the Airport Director may, after informing AIRLINE of his intent to do so, but shall not be obligated to, cause the removal of such disabled aircraft; provided, however, the obligation to remove or store such disabled aircraft shall not be inconsistent with Federal laws and regulations. AIRT;INE agrees to reimburse CITY for all costs of such removal, and AIRLINE Wher hereby releases CITY firom any and all claims for damage, except as the result of negligent or willful misconduct, to the disabled aircraft or otherwise arising firom or in any way connected with such removal by CITY.

Section 14.20 Licenses, Fees, and Permits

AIRLINE shall obtain and pay for all licenses, fees, permits, or other authorization or charges as required under Federal, State, or local laws and regulations insofar as they are necessary to comply with the requirements of this Agreement and the privileges extended hereunder.

Section 14.21 National Emergency

This Agreement and all the provisions hereof shall be subject to whatever right the U.S. Government now has, or in the future may have or acquire, affecting the control, operation, regulation, and taking over of said Airport or the exclusive or nonexclusive use of the Airport by the United States during the time of war or national emergency.

Section 14.22 Cap on Rent, Charges and Fees

Notwithstanding anything to the contrary contained in this agreement the City of Laredo agrees to waive one hundred (100%) percent AIRLINE'S monthly rental obligation is waived for the first twelve (12) months commencing on the date AIRLlNE initiates commercial air transportation services to the AIRPORT and ending on May 31,2007. This twelve (12) month

Page 32 of 33 (Allegiant Air- Long Term Agreement) waiver of rent obligation and fees is in exchange for ATRLINE providing a minimum of two (2) round trip flights to Las Vegas, Nevada per week utilizing MD-80 aircraft, The rent, fees and other charges for which this waiver applies is limited to rents for exclusive use space and common use areas, charge for passenger boarding bridge use, charge for federal inspection facility use, charge for security response, and landing fees.

Section 14.23 Time is of the Essence

Time is of the essence in this Agreement.

EXECUTED ON THIS DAY OF ,2006.

CITY: CITY OF LAREDO a municipal corporation

CITY MANAGER

CITY SECRETARY

APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY

BY:

ASSISTANT CITY ATTORNEY

ALLEGIANT AIR

BY:

Page 33 of 33

COUNCIL COMUNICATION

DATE: SUBJECT: INTRODUCTORY ORDINANCE 51'1 9/2OO8 DESIGNATING AS A ONE-WAY EASTBOUND THE 1400 BLOCK OF UGARTE STREET, BETWEEN SANTA MARIA AVENUE AND SUAREZ AVENUE, AS A ONE-WAY SOUTHBOUND THE 3800 AND 3900 BLOCK OF JUAREZ AVENUE, BETWEEN UGARTE STREET AND BOSTON STREET, AND AS A ONE-WAY WESTBOUND THE 1400 BLOCK OF BOSTON STREET, BETWEEN JUAREZ AVENUE AND SANTA MARIA AVENUE, DURING THE PEAK HOURS OF 7:00 A.M. TO 8:15 A.M., AND 2:30 P.M. TO 3:45 P.M., MONDAY THRU FRIDAY, DURING SCHOOL DAYS, PROVIDING FOR THE INSTALLATION OF APPROPRlATE SIGNS TO INDICATE ONE-WAY TRAFFIC AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Roberto Murillo, P.E., P.T.O.E., Traffic Safety Manager PREVIOUS COUNCIL ACTION: None

BACKGROUND: City council, at the request of Council Member Juan Chavez, instructed Traffic Safety Staff to evaluate school operation traffic flow around the campus with consideration to one way street operation and authorized the use of District VII Discretionary Funds for all necessary traffic control devices for this project. Tr&c Safety Staff met with school principal and conducted on site observations during peak period of the traffic circulation around campus.

The Traffic Safety Division is recommending one-way designations for the following roadways: 1400 block of Ugarte Street - Eastbound 3800 and 3900 block of Juarez Avenue - Southbound 1400 block of Boston Street - Westbound

The effective hours for the one-way operation will be between 7:00 to 8: 15 a.m., and from 2:30 to 3:45 p.m., Monday thm Friday, during school days. This item was presented to the Transportation and TrafEc Safety Advisory Committee on May 8, 2008 and recommended in favor of the proposed one way designations.

Attached: Proposed School Circulation

FINANCIAL IMPACT: Funding for the project will be obtained &om District VII Discretionary Funds.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Transportation & Traffic Safety Advisory Staff recommends introduction of this ordinance. Committee recommended approval. DUCTBRY O ANCE

DESIGNATIW AS A BLOCK OF UGARTE STREET, BETWEEN SANTA MARIA AVENUE AND JUPLREZ AVENUE, AS A ONE-WY SOUTHBOUND THE 3800 AND 3900 BLOCK OF JUAREZ AVENZrJE, BETWEEN UGARTE STREET AND BOSTON STREET, AND AS A ONE-WAY WESTBOUND THE 1400 OF BOSTON STREET, BETWEEN JIJAREZ AWNUE AND SAPaTA AVENUE, DURING THE PEAK AND 230 P,M. TO 3:45 PX, MONDAY OL DAYS, PROVIDING FOR THE IMTALLATION OF APPRBPRIATE SIGNS TO INDICATE ONE-WAY TRAFFLC AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

W S, City Council instructed Traffic Safety Staff to evaluate the school's traffic operation with the intent of having the adjacent roadways of Ugarte Street, Juarez Avenue and Boston Street designated as one-ways in a clockwise direction starting and ending on Santa Maria Avenue, during the school peak periods of operation in order to safely load and unload school children; and

AS, Ugarte Street, Juarez Avenue and Boston Street will function better in a one-way clockwise direction adjacent to the school during school peak periods of operation; and

S, the designation of Ugarte Street, Juarez Avenue and Boston Street as one-ways during peak periods of school operation will add safety to the loading and unloading of school children ;and

AS, the Traffic Safety Department, after proper analysis, has determined that the interest and safety of the children of Santa Maria Elementary School will be improved by designating Ugarte Street, Juarez Avenue and Boston Street as one-ways in a clockwise direction during the school peak hours of operation; and

S, the Transportation and Traffic Safety Advisory Committee has recommended in favor of designating Ugarte Street, Juarez Avenue and Boston Street as one-ways in a clockwise direction during school peak periods of operation; and

S, the City Council of the City of Laredo has determined that the safety of the students wilt. be improved by these one-way direction designations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THX CITY OF LAREDO THAT:

SECTION 1: The 1400 block of Ugarte Street, between Santa Maria Avenue and Juarez Avenue, be designated as a one-way eastbound to be effective during the peak hours of 7:00 a.m. to 8:15 a.m. and 2:30 p.m. to 3:45 p.m., Monday thFriday, during school days; and

SECTION 2: The 3800 and 3900 block of Juarez Avenue, between Ugarte Street and Boston Street, be designated as a one-way southbound to be effective during the peak hours of 790 a.m. to 8:15 a.m. and 2:30 p.m. to 3:45 p.m., Monday thnr Friday, during school days; and

SECTION 3: The 1400 block of Boston Street, between Juarez Avenue and Santa Maria Avenue, be designated as a one-way westbound to be effective during the peak hours of 7:00 a.m. to 8:15 a.m. and 2:30 p.m. to 3:45 p.m., Monday thnr Friday, during school days; and

SECTION 4: The installation and erection of appropriate signs giving notice thereof be and is hereby approved and authorized; and

SECTION 5: The City Manager, Chief of Police, and Transportation Director be and are hereby authorized to take necessary steps to carry out this ordinance; and

SECTION 6: This ordinance shall be published one time in an o&ciaI newspaper in the City of Laredo and shall be in force and effect fiom and after the date of such publication.

APPROVED BY THE MAYOR ON THIS IlAY ,2008.

RaUL G. SALXNAS MAYOR

ATTEST:

GUSTAVO C;UEVARA, JR. CITY SECETmY

APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

ASSISTANT CITY ATTOWY

DATE: SUBmCT: INTRODUCTORY ORDINtWCE 5/19/2008 DESIGNATING AS A ONE-WAY NORTHBOUND THE 1700 AND 1800 BLOCK OF McPHERSON AVENUE, BETWEEN GALVESTON STREET AND LANE STREET, AND DESIGNATING AS A ONE-WAY EASTBOUND THE 1200 AND 1300 BLOCK OF LANE STREET, BETWEEN McPHERSON AV- AND LORING AVENUE, DURING THE PEAK HOURS OF 7:00 A.M. TO 8:15 A.M., AND 2:30 P.M. TO 3:45 P.M., MONDAY THRU FRIDAY, DURING SCHOOL DAYS, PROVIDING FOR THE INSTALLATION OF APPROPRIATE SIGNS TO INDICATE ONE-WAY TRAFFIC AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. ZNLTIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Roberto Murillo, P.E., P.T.O.E.,

PREVIOUS COUNCIL ACTION: None

BACKGROUND: St. Augustine Elementary School Principal forwarded a request to the City of Laredo to evaluate traffic flow around the school campus specifically along McPherson Avenue and Lane Street with consideration to the new middle school building. Currently, St. Augustine is constructing a new middle school building located on the northwest corner of the campus which will incorporate a drop-off lane. Evaluation of the design has prompted a recommendation to adjust one-way traffic flows on McPherson Avenue and Lane Street. The 1700 and 1800 blocks of Wherson Avenue adjacent to St. Augustine is currently designated as a one-way road in the southbound direction. The 1200 and 1300 block of Lane Street currently provides two-way traffic.

The recommendation by the Traffic Safety Division is to reverse the traffic flows on McPherson Avenue (1700 and 1800 block) as a one-way northbound and to designate Lane Street (1200 and 1300 block) as a one-way eastbound. This recommendation will provide for better access into the new drop-off lane and move traffic away from the school after it exits the new driveway.

The effective hours for the one-way operation will be between 7:00 to 8:15 a.m., and fi-om 2:30 to 3:45 p.m., Monday thru Friday, during school days. This item was presented to the Transportation and Traffic Safety Advisory Committee on May 8,2008 for which the Committee recommended approval as presented. Attached: Proposed School Circulation

FINANCEAL CT: Funding for the project will be obtained from the Street Signs Operating Budget.

COMRILITTEE RECO Transportation & Traffic Safety Advisory Staff recommends introduction of this ordinance. Committee recommended approval. INTRODUCTORY ORDINANCE

DESIGNATING AS A OWWAY NORTHBOUND THE 1'700 AND 1800 BLOCK OF McPHERSON AVENUE, BETWEEN GALVESTON STREET AND LANE STREET, AND DESIGNATING AS A ONE-WAY EASTBOUND THE 1200 AND 1300 BLOCK OF LANE STREET, BETWEEN McPHERSON AVENUE AND LORING AVENUE, DURING THE PEAK PERIODS HOURS OF 4:00 A.M. TO 8:15 A.M., AND 230 P.M. TO 3:45 .M., IMONDAY THRU FRIDAY, DURING SCHOOL DAYS, PROVIDING FOR THE INSTALLATION OF APPROPRIATE SIGNS TO INDICATE ONE-WAY TRAFFIC AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, St. Augustine officials have approached the City of Laredo to evaluate the school's traffic operation with the intent on designating McPherson Avenue as one-way in the northbound direction during school peak periods of operation in order to safely load and unload school children; and

WHEREAS, McPherson Avenue will provide the main access to the drop ofVpick up area for the St. Augustine Elementary and Middle School students; and WHEREAS, McPherson Avenue will fbnction better as a one-way in the northbound direction during school peak periods of operation; and

WHEREAS, Lane Street will fbnction better as a one-way in the eastbound direction in order to move traffic away from the school and reduce the number of conflict points as trafic exists the school's driveway; and

WHEREAS, The designation of McPherson Avenue and Lane Street as one-ways during peak periods of school operation will add safety to the loading and unloading of school children ;and

WHEREAS, the Traffic Safety Department, after proper analysis, has determined that the interest and safety of the children of Saint Augustine School will be improved by designating the 1200 and 1300 blocks of McPherson Avenue . as a one-way northbound, and by designating the 1700 and 1800 blocks of Lane Street as a one-way eastbound during the peak designated hours; and

WHEREAS, the Transportation and Tragic Safety Advisory Committee has rwmended in favor of desigmting both McPherson Avenue and Lane Street as a one-ways during school peak periods of operation; and

WHEREAS, the City Council of the City of Laredo has determined that the safety of the students will be improved by these one-way direction designations; MOW, THEREFORE, BE IT ORPlAlNED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

SECTION 1: The 1700 and 1800 blocks of McPherson Avenue, between Galveston St. and Lane St., be designated as a one-way northbound to be effective during the peak hours of 7:00 a.m. to 8: 15 a.m. and 230 p.m. to 3:45 p.m., Monday thru Friday, during school days; and

SECTION 2: The 1200 and 1300 blocks of Lane Street, between McPherson Avenue and Loring St., be designated as a one-way eastbound to be effective during the peak hours of 7:00 a.m. to 8:15 a.m. and 2:30 p.m. to 3:45 p.m., Monday thru Friday, during school days; and

SECmON 3: The installation and erection of appropriate signs giving notice thereof be and is hereby approved and authorized; and

SECTION 4: The City Manager, Chief of Police, and Transportation Director be and are hereby authorized to take necessary steps to carry out this ordinance; and

SECTION 4: This ordinance shall be published one time in an official newspaper in the City of Laredo and shall be in force and effect from and after the date of such publication.

APPROVED BY THE OR OM THIS DAY ,2008,

RAUL G. SALINAS MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

ASSISTAMT CITY ATTORNEY

COUNCIL COMMUNICATION

DATE: SUBJECT: INTRODUCTORY ORDINANCE 0511 912007 AMENDING CHAPTER 19, "MOTOR VEHICLES AND TRAFFIC", ARTICLE VIII; STOPPING, STANDING OR PARKING, OF THE CODE OF ORDINANCES OF THE CITY OF LAREDO: SPECIFICALLY SECTION 19- 364, RESTNCTED PARKING AREAS, ESTABLISHING A "NO PARKING ANYTIMEITOW AWAY ZONE" ON THE NORTH AND SOUTH SIDE OF VILLAGE BOULEVARD, BETWEEN SPRINGFIELD AVENUE AND 800 FEET EAST OF SPRINGFIELD AVENUE AND THE EAST AND WEST SIDE OF MARTINGALE BETWEEN VILLAGE BOULEVARD AND 300 FEET SOUTH OF VILLAGE BOULEVARD, WITHIN CITY LIMITS OF LAREDO; PROVIDING SEVERABILITY AND FOR AN EFFECTIVE DATE AND PUBLICATION.

INITIATED BY: STAFF SOURCE: Jesus Olivares ,Assistant City Manager Roberto Murillo, P.E., Traffic Manager

PIZEVIOUS COUNCIL ACTION: On May 5,2008, City Council approved a motion to establish this section of road as a "No Parking AnytimelTow Away Zone".

A lack of sufficient parking at the bar and grill establishments located along Springfield Avenue and Village Boulevard have caused patron parking along the neighboring roadways of Village Boulevard and Martingale Lane. The resultant parking has caused a nuisance among the local residence as reported at the City Council meeting of May 5,2008. As a solution, Council Member Gene Belmares has instructed staff to proceed with the installation of No Parking I Tow Away signs along the impacted roadways.

The City of Laredo Traffic Safety Department will be responsible for the installation and maintenance of all signs that need to be installed to designate this section of roadway as such.

FINANCIAL IMPACT: Funding will be obtained from Traffic Department operating fund Streets Signs Account No. SO1 -261 3-522-3040.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: None Staff recommends introduction of this ordinance. PUBLIC HEARING AND INTRODUCTORY ORDINANCE

AMENDING CHAPTER 19, "MOTOR VEHICLES AND TRAFFIC", ARTICLE VIII; STOPPING, STANDING OR PARKING, OF THE CODE OF ORDINANCES OF THE CITY OF LAREDO: SPECIFICALLY SECTION 19-364, RESTRICTED PARKING AREAS, ESTABLISHING A "NO PARKING ANYTIMEITOW AWAY ZONE" ON THE NORTH AND SOUTH SIDE OF VILLAGE BOULEVARD, BETWEEN SPRINGFIELD AVENUE AND 800 FEET EAST OF SPRINGFIELD AVENUE AND THE EAST AND WEST SIDE OF MARTINGALE BETWEEN VILLAGE BOULEVARD AND 300 FEET SOUTH OF VILLAGE BOULEVARD, WITHIN CITY LIMITS OF LAREDO; PROVIDING SEVERABILITY AND FOR AN EFFECTIVE DATE AND PUBLICATION.

WHEREAS, a lack of customer parking at the bar and grill establishments located at Springfield Avenue and Village Boulevard has caused on-street parking on neighboring streets and created a nuisance among local residence; and,

WHEREAS, the designation of these neighboring roadways as "No Parking Anytime/Tow Away Zones" is recommended to prohibit any parking on the east and west side of Martingale Lane between Village Boulevard and 300 feet south of Village Boulevard; and,

WHEREAS, the designation of these neighboring roadways as "No Parking AnytimdTow Away Zones" is recommended to prohibit any parking on the north and south side of Village Boulevard between Springfield Avenue and 800 feet east of Springfield Avenue; and,

WHEREAS, the Police Department will cite or tow away vehicles that disregard this proposed tow-away designation; and,

WHEREAS, the Traffic Safety Department will be responsible for the installation and maintenance of all signs in the designated areas; and,

WHEREAS, the City Council of the City of Laredo is of the same opinion.

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

Section 1: The following locations are hereby designated as No Parking AnytimelTow Away areas:

1. North and South side of Village Boulevard between Springfield Avenue and 800 feet east of Springfield Avenue. 2. East and West side of Martingale between Village Boulevard and 300 feet south of Village Boulevard. Section 2: The installation and erection of appropriate signs is hereby authorized; and

Section 3: The City Manager, the Chief of Police, and the Traffic Safety Director are hereby authorized to take the necessary steps to enforce this ordinance; and

Section 4: This ordinance shall be published once in accordance with the provisions set for in Section 2.09 (d) of the City Charter. This ordinance shall become effective upon its passage and publication.

PASSED BY THE MAYOR ON THIS DAY OF ,2008.

RAUL G. SALINAS MAYOR

ATTEST:

GUSTAVO GUEVARA CITY SECRETARY

APPROVED AS TO FORM: RAUL CASSO

CITY ATTORNEY

ASSISTANT CITY ATTORNEY

DATE: SUBJECT: AN ORDINANCE

ADDING NEW SECTION 19-382 TO ARTICLE X [IMPOUNDMENT OF VEHICLES] OF CHAPTER 19 [MOTOR VEHICLES AND TRAFFIC] OF THE CODE OF ORDINANCES; SAID SECTION 19-382 AUTHORIZING THE POLICE DEPARTMENT TO ADOPT A CITY-WIDE POLICY FOR TI-IE TOWING AND IMPOUNDMENT OF VEHICLES WHEN THE OPERATOR HAS EITHER FAILED TO MAINTAIN OR CANNOT PRESENT PROOF OF FINANCIAL RESPONSIBILITY AS REQUIRED BY STATE LAW; AND ESTABLISHING EFFECTIVE DATE.

STAFF SOURCE: Carlos Villarreal Raul Casso City Manager City Attorney I PREVIOUS COUNCIL ACTION:

BACKGROUND:

The present ordinance establishes a city-wide policy for exercising greater vigilance in enforcing state law governing the requirement for drivers on the public streets to have at all times, proof of financial responsibility as required by the Texas Transportation Code. The Laredo Police Department will be required to develop a departmental policy outlining the procedures necessary for the practical implementation of the city-wide policy as ordained.

FINANCIAL:

'RECOMMENDATION: STAFF RECOMMENDATION: NIA That the ordinance be approved. AN ORDINANCE

ADDING NEW SECTION 19-382 TO ARTICLE X [IMPOUNDMENT OF VEHICLES] OF CHAPTER 19 [MOTOR VEHICLES AND TRAFFIC] OF THE CODE OF ORDINANCES; SAID SECTION 19-382 AUTHORZnNG THE POLICE DEPARTMENT TO ADOPT A CITY-WDE POLICY FOR THE TOWING AND IMPOUNDMlENT OF VEHICLES WHEN THE OPERATOR HAS EITHER FAILED TO MAINTAIN OR C OT PRESENT PROOF OF FINANCIAL RESPONSIBILITY AS REQUIRED BY STATE LAW; AND ESTABLISHING EFFECTIVE DATE.

WHEREAS, the City of Laredo is a home-rule municipality acting under its Charter adopted by the electorate pursuant to Art. 1 1, 95 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and,

WHEREAS, Texas Local Government Code, 95 1.072(a) states that a home-rule municipality has full power of self-government; and,

WHEREAS, the Texas Transportation Code, $311.001(a) provides that a home- rule municipality has exclusive control over and under the public highways, streets, and alleys of the municipality; and,

WHEREAS, the Texas Code of Criminal Procedure, Art. 2.13, provides that it is the duty of every peace offker to preserve the peace within the off~cer'sjurisdiction, and to effect such purpose, the officer shall use all lawful means; and,

WHEREAS, the Texas Code of Criminal Procedure, Art. 2.13(b)(l) provides that a peace officer shall, in every case authorized by the Code of Criminal Procedure, interfere without warrant to prevent or suppress crime; and,

WHEREAS, Texas Local Government Code, 95 1.072(b) provides that the grant of powers to a municipality under the Texas Local Government Code does not prevent, by implication or otherwise, the municipality from exercising the authority incident to self-government; and,

WHEREAS, Texas Transportation Code, $601-05 1 provides that a person may not operate a vehicle in the State of Texas unless financial responsibility is established for that vehicle; and,

WHEREAS, Texas Transportation Code, §601.053(a) provides that as a condition of operating a motor vehicle to which $601.05 1 applies, the operator shall on request provide to a peace officer evidence of financial responsibility; and, WHEREAS, Texas Transportation Code, $60 1.191 makes the operation of a motor vehicle in violation of motor vehicle liability insurance requirement a punishable offense; and,

WHEREAS, Texas Transportation Code, §601.053(b) states that an operator who does not exhibit evidence of financial responsibility is presumed to have operated the vehicle in violation of $60 1.05 1, supra; and,

WHEREAS, Texas Transportation Code, $545.305 (a) (8) authorizes a peace officer to move a vehicle from a highway if the vehicle is operated by a person an officer arrests for an alleged offense and the officer is required by law to take the person into custody; and

WHEREAS, Texas Transportation Code, $545.305 1 authorizes the police department of a municipality to remove a vehicle from a roadway or right-of-way if the law enforcement agency determines that the vehicle endangers public safety and provides that the owner thereof shall reimburse the law enforcement agency for any reasonable cost of removal and disposition of the property; and,

WHEREAS, Texas Transportation Code, $545.305(d) states that the owner of a vehicle that is removed or stored under $545.305 is liable for all reasonable towing and storage fees incurred; and,

EREAS, the City Council finds it to be in the public health, safety and welfare of the residents of the city, to direct the police department to adopt a policy for exercising greater vigilance in enforcing the state law governing the requirement for drivers on the public streets to have, at all times, proof of financial responsibility as required by Section 601.05 1 of the Texas Transportation Code, including procedures for detaining the vehicle of a non-complying operator and for procedures by which the owner of the vehicle may recover his or her vehicle if or when compliance is later established.

AINED BY THE CITY COUNCIL OF T

PART 1: Amendment: That new Section 19-382 is added to the Code of Ordinance as follows:

ARTICLE X. IMPOUND NT OF VEHICLES

CHAPTER 19. MOTOR VEHICLES AND TIUFFIC

Sec. 19-3132. Police department policy authorized as to operators lacking proof of financial responsibility; financial responsibility verification form; The Police Department is hereby authorized to adopt a city-wide poliq _for impounding and towing motor vehicles when the operator of the vehicle either .faiils to maintain, or cannot present proof of financial responsibility as required by State law. Under this policy police oficers are hereby authorized to remove or impound any vehicle where the operator has failed to maintain, or cannot present proof of: the required financial responsibility. The Police Devartment is also directed to develop and require a financial responsibility verification form for any operator to obtain release ofany vehicle removed or impounded pursuant to this section and the policy ado-pted hereunder.

Secs. 19-383-19-399. Resewed.

PAW 2. Effective Date. This ordinance shall take effect after date of publication as provided by section 2.09 (D) of the Laredo City Charter.

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

RAUL G. SALINAS MAYOR

ATTEST:

Gustavo Guevara, Jr. City Secretary

APPROVED AS TO FORM:

Raul Casso City Attorney COUNCIL COMMUNICATION

Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2008-0-092 Amending the Zoning Ordinance (Map) ofthe City ofLaredo by rezoning Lot 10, Block 05/19/08 97, Western Division, located at 419 Farragut Street, from R-3 (Mixed Residential District) to R-O (Residential/Office District); providing for publication and effective date.

ZC-09-2008 Initiated by: Staff source: Fernando D. Laurel, Jr. Keith Selman, Planning Director Lorraine Laurel Prior action: This item was introduced by Juan Ramirez at the meeting ofMay 5,2008. BACKGROUND

Council District: VIn - Juan Ramirez

Proposed use: Office

Site: The site has a vacant house.

Surrounding land uses: To the east are single family residential units, manufactured housing, and Carrillo General Mechanics. To the south are single family and multifamily homes. To the west are Leo's Auto Parts, an AT&T office, Laredo National Bank, Esther's Plaza, a bail bonds facility, vacant commercial properties, and single family structures. To the north are vacant lots, Dainty Girls, and a Salvation Army office.

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

Transportation Plan: The Long Range Thoroughfare Plan does not identify Farragut Street.

Letters sent to surrounding property owners: 43 In Favor: 0 Opposed: 2

STAFF COMMENTS

Staffdoes not support the proposed zone change. Although there are other commercial enter prises in the general area, the proposed district is not in conformance with the Comprehensive Plan's designation for this area as Medium Density Residential and would be inconsistent with the general zoning trend already established. Furthermore, the property is limited in size to accommodate the demands ofa commercial activity.

P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P&Z Commission, in a 5 to 0 vote, recommended Staffdoes not support the proposed zone approval ofthe zone change. change.

Page 1 of 2 COUNCIL COMMUNICATION

IMPACT ANALYSIS

R-O (Residential/Office District): The purpose ofthe R-O is to allow a mix ofresidential and lim ited businesses and which would restrict the residential to not more than three dwellings on one site, and the businesses to office uses, and very limited commercial.

Is this change contrary to the established land use pattern? Yes, the surrounding area is mainly single family residential.

Would this change create an isolated zoning district unrelated to surrounding districts? No, there are vacant commercial properties as well as various business situated in the vicinity_ The surrounding north, northwest and southwest blocks are also partially zoned B-3 and B-1

Will change adversely influence living conditions in the neighborhood? Yes, the site is next to many residential units and would create congestion in the area.

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

Page 2 of 2 ORDINANCE NO. 2008-0-92

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING LOT 10, BLOCK 97, WESTERN DIVISION, LOCATED AT 419 FARRAGUT STREET, FROM R-3 (MIXED RESIDENTIAL DISTRICT) TO R-O (RESIDENTIAL/OFFICE DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a zone change has been requested by the owners ofLot 10, Block 97, Western Division, located at 419 Farragut Street, from R-3 (Mixed Residential District) to R o (Residential/Office District); and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (l0) days before the public hearing held before the Planning and Zoning Commission on April 17, 2008, and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has rec ommended approval ofthe proposed zone change; and,

WHEREAS, notice ofthe zone change request was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the City ofLaredo City Council on this matter; and,

WHEREAS, the City Council has held a public hearing on May 5, 2008, on the re quest and finds the zone change appropriate and consistent with the General Plan ofthe City ofLaredo; and,

WHEREAS, the City Council does not consider the impact, ifany, ofprivate cove nants 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: The Zoning Map ofthe City ofLaredo be and is hereby amended by rezon ing Lot 10, Block 97, Western Division, located at 419 Farragut Street, from R-3 (Mixed Residential District) to R-O (Residential/Office District).

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

I Section 3: This ordinance shall become effective as and from the date ofpublication specified in Section 2.

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

RAUL G. SALINAS MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

( x)C\"'JL,,<'I CU '- ou~Aj(O BY: KRISTINA L."1f* E ASSISTANT CITY ATTORNEY

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1 ZC-09-2008 419 Farragut Street

2 COUNCIL COMMUNICATION

Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2008-0-093 Amending the Zoning Ordinance (Map) ofthe City ofLaredo by rezoning all Blocks 488, 05/19/08 488A, 489, 489A, and Lot 1, the west 44.34 feet ofLot 2, the north 55.1 feet and the west 33.3 feet ofLot 7, and all Lot 8, Block 490, Eastern Division, located at 4401 San Francisco Avenue, from MXD (Mixed Use Development District) to B-3 (Community Business Dis trict); providing for publication and effective date.

ZC-12-2008 Initiated by: Staff source: Jerry O'Bryant Keith Selman, Planning Director R&P Ramirez LTD. Prior action: This item was introduced by Johnny Rendon at the meeting ofMay 5, 2008. BACKGROUND

Council District: V Johnny Rendon

Proposed use: Charter School

Site: The site is occupied by a vacant structure.

Surrounding land uses: To the north lie Taylor Baseball Field and single family residential struc tures. To the south lie a baseball field, basketball courts, and a park, as well as the Silver Doors, Taalman, and Gutierrez Machine Shop. To the east lies Enrique S. Moreno Border Export and Com pany. To the west lies Keno's Palace, an amusement redemption machine center.

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

Transportation Plan: The Long Range Thoroughfare Plan does not identify San Francisco Avenue.

Letters sent to surrounding property owners: 24 In Favor: 0 Opposed: 0

STAFF COMMENTS

Staffsupports the proposed zone change. Even though there are industrial/commercial uses surrounding the property, the proposed rezone is consistent with the Comprehensive Plan's designation as Retail/Office and would be compatible with the general zoning trend. Further analysis reveals that the single family residential area and recreational avenues provide the proper environment to situate a public institution.

P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P&Z Commission, in a 5 to 0 vote, recommended Staffsupports the proposed zone change. approval ofthe zone change.

Page 1 of 2 COUNCIL COMMUNICATION

IMPACT ANALYSIS

B-3 (Community Business District): The purpose ofthe 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 ofthe City ofLaredo. 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 established land use pattern contains an eclectic mix ofuses.

Would this change create an isolated zoning district unrelated to surrounding districts? No, there are pockets ofB-3 two blocks south ofthe site, and northwest ofthe site lies a section of land zoned B-3 as well.

Will change adversely influence living conditions in the neighborhood? Yes, the change might generate congestion associated with the increased traffic a school brings.

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

Page 2 of 2 ORDINANCE NO. 2008-0-093

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING ALL BLOCKS 488, 488A, 489, 489A, AND LOT 1, THE WEST 44.34 FEET OF LOT 2, THE NORTH 55.1 FEET AND THE WEST 33.3 FEET OF LOT 7, AND ALL LOT 8, BLOCK 490, EASTERN DIVISION, LOCATED AT 4401 SAN FRANCISCO AVENUE, FROM MXD (MIXED USE DEVELOPMENT DISTRICT) TO B-3 (COMMUNITY BUSINESS DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a zone change has been requested by the owners ofall Blocks 488, 488A, 489, 489A, and Lot 1, the west 44.34 feet ofLot 2, the north 55.1 feet and the west 33.3 feet ofLot 7, and all Lot 8, Block 490, Eastern Division, located at 4401 San Francisco Avenue, from MXD (Mixed Use Development 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 April 17, 2008, and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has rec ommended approval ofthe proposed zone change; and,

WHEREAS, notice ofthe zone change request was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the City ofLaredo City Council on this matter; and,

WHEREAS, the City Council has held a public hearing on May 5, 2008, on the re quest and finds the zone change appropriate and consistent with the General Plan ofthe City ofLaredo; and,

WHEREAS, the City Council does not consider the impact, ifany, ofprivate cove nants 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: The Zoning Map ofthe City ofLaredo be and is hereby amended by rezon ing all Blocks 488, 488A, 489, 489A, and Lot 1, the west 44.34 feet ofLot 2, the north 55.1 feet and the west 33.3 feet ofLot 7, and all Lot 8, Block 490, Eastern Division, located at

1 4401 San Francisco Avenue, from MXD (Mixed Use Development District) to B-3 (Commu nity Business District).

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

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

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

RAUL G. SALINAS MAYOR

A.TTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

2 4401 SAN FRANCISCO Rezone from I 1 (Mixed Use Development Dis, ) City of Laredo to B-3 ( ,mmunity Business District) Planning & Zoning ZC-12-2008 4 I /R..3 ]

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SITE PLAN SCALE: DWG: 1"=40'-0" SP-l PROJECT: HARMONY SCIENCE ACADEMY ~__ 1-----::,:------1 10/23/05 -==-..:=:- 0 BRYANT INCORPORATED T"YLOR-8P ZC-12-2008 4401 San Francisco COUNCil COMMUNICATION

DATE: SUBJECT: FINAL READING # 2008 m O-094

5/19/2008 Accepting a supplemental grant awarded and amending the City of Laredo FY 2007-2008 Financial Task Force grant budget by increasing revenues and expenditures in the amount of $15,577 for operational expenses awarded by the Office of the National Drug Control Policy (ONDCP) High Intensity Drug Trafficking Area (HIDTA). Funds will be used to pay overtime expenses for The Laredo Financial Narcotics Enforcement Team agents from January 1, 2008 through December 31, 2008

INITIATED BY: STAFF SOURCE: Cynthia Collazo, Gilbert Navarro Assistant City ManaQer ActinQ Chief ofPolice PREVIOUS COUNCil ACTION: th Council approved Final Reading on May 5 , 2008.

BACKGROUND:

The City of Laredo has been the Grantee agency for the past fifteen years for the South Texas High Intensity Drug Trafficking Area (STX HIDTA) Laredo Financial Narcotics Enforcement Team is funded by the Office of National Drug Control Policy. The Task Force works together with other Local, State and Federal Agencies, with its main focus being the identification and disruption/dismantling of Major Drug Trafficking Organizations.

The Executive Office of the President of the United States, Office of National Drug Control Policy, South Texas High Intensity Drug Trafficking Area has awarded the City of Laredo a supplemental grant in the amount of $15,577 for operational expenses. This award is in addition to the annual Financial Task Force grant.

FINANCIAL SECTION:

Revenues: South Texas HIDTA $15,577

Expenditures: Financial Task Force $15,577

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Staff recommends that this Ordinance be passed and approved. FINAL READING# 2008-0-094

Accepting a supplemental grant awarded and amending the City of Laredo FY 2007-2008 Financial Task Force grant budget by increasing revenues and expenditures in the amount of $15,577 for operational expenses awarded by the Office of the National Drug Control Policy (ONDCP) High Intensity Drug Trafficking Area (HIDTA). Funds will be used to pay overtime expenses for The Laredo Financial Narcotics Enforcement Team agents from January 1, 2008 through December 31,2008

Whereas, the City Council previously adopted the budget for fiscal year 2007-2008; and

Whereas, 100% of the grant funds are federally funded by the Office of the National Drug Control Policy through the High Intensity Drug Trafficking Area; and

Whereas, funds will be used to pay operational expenses for the laredo Financial Narcotics Enforcement Team; and

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

Section 1: Accepting a supplemental grant awarded to the laredo Financial Narcotics Enforcement Team in the amount of $15,577

Section 2: Amending the City of laredo FY 2007 -2008 by increasing the Financial Narcotics Task Force Budget in the amount of $15,577 for operational expenses as follow. Funds will be used to pay overtime expenses beginning January 1, 2008 through December 31, 2008

Revenues: South Texas HIDTA $15,577

Expenditures: Financial Narcotics Task Force $15,577 PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE _ DAY OF ,2008.

RAUL G. SAUNAS MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM:

~Jt~1111 ( 11u~~tL~ RAUL CASSO . CITY ATIORNEY COUNCIL COMMUNICATION DATE: SUBJECT: FINAL READING ORDINANCE No. 2008-0-095 Amending the City of Laredo Health Department FY 2007-2008 annual budget by 05/19/2008 appropriating revenues and expenditures in the amount of $14,513 of additional funds from the South Texas Development Council to the Health Department's HIV/Health & Social Services for a total amount of $137,555. Term from September 1, 2007 through August 31, 2008. INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy City Manager Health Director PREVIOUS COUNCIL ACTION: On May 5, 2008, Council held public hearing introducing ordinance and instructed staffto proceed with final hearing. BACKGROUND: The South Texas Development Council continues to contract with the City of Laredo to provide public health services to residents of Laredo and Webb County through the City ofLaredo Health Department.

The purpose of the HIV/AIDS Health and Social Services Project is to plan, develop and deliver comprehensive outpatient health and support services to meet identified needs ofpersons with HIV or the AIDS disease within the geographic area ofWebb, Jim Hogg, Zapata, and Starr Counties.

Services provided include case management, medical, nursing, dental care, insurance assistance, diagnostic, monitoring, medical follow-up servIces, mental health, developmental and rehabilitative services, horne health services, personal care services, day treatment or other partial in-patient services, horne intravenous and aerosolized drug therapy, routine diagnostic testing, hospice care, and other essential social support services.

(Budget on next page)

FINANCIAL: The City of Laredo will receive an additional $14,513 from the South Texas Development Council for the Health Department HIV/Health & Social Services Program. Revenue account 226-0000-323-4050 and expenditure account 226-6034. RECOMMENDATION: STAFF: Recommends that Council approve the ordinance. HIV/Health & Social Services Budget FY 2007-08 226-6034

BUDGET

REVENUES STDC GRANT REVENUE $ 123,042 $ 14,513 $ 137,555 PROGRAM INCOME 0 0 144,222 TOTAL REVENUES $ 123,042 $ 14,513 $ 137,555 EXPENSES PERSONNEL $ 56,592 $ -2,692 $ 53,900 FRINGE BENEFITS 19,532 2,163 21,695 TRAVEL 3,164 2,433 5,597 EQUIPMENT 0 0 0 SUPPLIES 8,002 -2,268 5,734 CONTRACTUAL 20,886 17,761 38,647 OTHER 14,866 -2,884 11,982 SUB-TOTAL $ 123,042 $ 14,513 $ 137,555 INDDIRECT CHARGES 0 0 0 RESERVE (PROG.lNCOME) 0 0 0 ORDINANCE 2008-0-095

AMENDING THE CITY OF LAREDO HEALTH DEPARTMENT FY 2007 2008 ANNUAL BUDGET BY APPROPRIATING REVENUES AND EXPENDITURES IN THE AMOUNT OF $14,513 OF ADDITIONAL FUNDS FROM THE SOUTH TEXAS DEVELOPMENT COUNCIL TO THE HEALTH DEPARTMENT'S HIVIHEALTH & SOCIAL SERVICES FOR A TOTAL AMOUNT OF $137,555. TERM FROM SEPTEMBER 1, 2007 THROUGH AUGUST 31, 2008.

WHEREAS, The purpose of the HIV/AIDS Health and Social Services Project is to plan, develop and deliver comprehensive outpatient health and support services to meet identified needs of persons with HIV or the AIDS disease within the geographic area of Webb, Jim Hogg, Zapata, and Starr Counties. Services provided include case management, medical, nursing, dental care, insurance assistance, diagnostic, monitoring, medical follow-up services, mental health, developmental and rehabilitative services, home health services, personal care services, day treatment or other partial in-patient services, home intravenous and aerosolized drug therapy, routine diagnostic testing, hospice care, and other essential social support services.

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

Section 1: Amending the City of Laredo Health Department FY 2007-08 annual budget by appropriating revenues and expenditures in the amount of $14,513 of additional funds from the South Texas Development Council for the Health HIV/Health & Social Services term from September 1, 2007 through August 31, 2008.

Section 2: Revenue line item 226-0000-323-4050 is hereby increased by $14,513.

Section 3: Expenditure division 226-6034 is hereby increased by $14,513.

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 South Texas Development Council 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 DAY OF , 2008.

RAUL G. SALINAS MAYOR ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: Raul Casso, City Attorney ~,~~ VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY

2 COUNCIL COMMUNICATION DATE: SUBJECT: FINAL READING ORDINANCE No. 2008-0-096 Amending the City ofLaredo Health Department FY 2007-2008 annual budget by 05/1912008 decreasing $111,315 in funds due to a realignment of funds from the Texas Department of State Health Services, for a total amount awarded of$181,622 for the prenatal services provided by the Health Department Maternal and Child Health (MCH-Title V Fee-For Services) Program, term from September 1, 2007, through August 31,2008. INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy City Manager Health Director PREVIOUS COUNCIL ACTION: On May 5, 2008, Council held public hearing introducing ordinance and instructed staffto proceed with final hearing. BACKGROUND:

The Texas Department ofState Health Services (TDSHS) has contracted with the City ofLaredo to provide public health services to residents of Laredo and Webb County through the City of Laredo Health Department.

These funds will be for the continuation of the Maternal and Child Health (MCH-Title V) Program to provide eligible women and children: prenatal, preventive, and primary child health, and dysplasia, (for women and adolescents). The program will bill Title V or Medicaid for all Medicaid eligible services; will ensure that all program income generated through Medicaid be used to expand and enhance women and children's health services.

The decrease in funds of this grant is due to a realignment of FY2008 funds from the Texas Department of State Health Services (TDSHS), and because other State funding programs are providing direct care. This amendment at this time has no current negative impact on staff and servIces.

BUDGET ON NEXT PAGE. FINANCIAL: The City of Laredo will decrease $111,315, from the City of Laredo Health Department-MCH-Title V-Fee-For-Service funds from TDSHS, term from September 1, 2007, through August 31, 2008. The revenue account is 226-0000-323-4005 and expenditure division is 226-6054. RECOMMENDATION: STAFF: Recommends that Council approve the ordinance. MCH-Title V Prenatal Services FY 2007-2008 226-6054

BUDGET

REVENUES DSHS GRANT REVENUE $ 292,937 $ -111,315 $ 181,622 PROGRAM INCOME 22,814 0 22,814 TOTAL REVENUES $ 315,751 $ -111,315 $ 204,436 EXPENSES PERSONNEL $ 162,999 $ -23,414 $ 139,585 FRINGE BENEFITS 61,303 -19,266 42,037 TRAVEL 0 0 0 EQUIPMENT 0 0 0 SUPPLIES 0 0 0 CONTRACTUAL 68,635 -68,635 0 OTHER 0 0 0 SUB-TOTAL $ 292,937 $ -111,315 $ 181,622 INDDIRECT CHARGES 0 0 0 PROGRAM INCOME 22,814 0 22,814 ORDINANCE 2008-0-096

AMENDING THE CITY OF LAREDO HEALTH DEPARTMENT FY 2007-2008 ANNUAL BUDGET BY DECREASING $111,315 IN FUNDS DUE TO A REALIGNMENT OF FUNDS FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES, FOR A TOTAL AMOUNT AWARDED OF $181,622 FOR THE PRENATAL SERVICES PROVIDED BY THE HEALTH DEPARTMENT MATERNAL AND CHILD HEALTH (MCH-TITLE V FEE-FOR SERVICES) PROGRAM, TERM FROM SEPTEMBER 1, 2007, THROUGH AUGUST 31,2008.

WHEREAS, the Texas Department ofState Health Services (TDSHS) contracts with the City ofLaredo to provide public health services to residents ofLaredo and Webb County through the City ofLaredo Health Department; and

WHEREAS, for the continuation of the Maternal and Child Health (MCH-Title V) Program to provide eligible women and children: prenatal, preventive, and primary child health, and dysplasia, (for women and adolescents).

WHEREAS, the program will bill Title V or Medicaid for all Medicaid eligible services; will ensure that all program income generated through Medicaid be used to expand and enhance women and children's health services. The fund decrease at this time to the MCH Title V (Fee-for-Services) Program is due to a realignment of FY2008 funds from the Texas Department of State Health Services, and because other State funding programs are providing direct care. This amendment at this time has no current negative impact on staffand services.

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

Section 1: Amending the City ofLaredo Health Department FY 2007-2008 annual budget by decreasing $111 ,315, in funds from the Texas Department of State Health Services for Health Department Maternal and Child Health (MCH-Title V-Fee for Services) Program, term September 1, 2007, through August 31, 2008.

Section 2: Revenue line item 226-0000-323-4005 is hereby decreased by $111,315.

Section 3: Expenditure division 226-6054 is hereby decreased by $111,315. Section 4: The City Manager is hereby authorized to make transfers within the budget as allowable under the Special Contract Provisions and General Provisions of the contract with TDSHS to meet the necessary costs to accomplish the scope ofwork for the program.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR

ON THIS DAY OF , 2008.

RAUL G. SALINAS MAYOR ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM:

2 COUNCIL COMMUNICATION DATE: SUBJECT: FINAL READING OF ORDINANCE NO. 2008-0-097 Authorizing the City Manager to accept a National Network of Libraries of May 19,2008 Medicine South Central Region (NN/LM SCR) award in the amount of $5,000.00 and amending the City ofLaredo Friends ofthe Library FY 2007 2008 annual budget. This is a cost-reimbursement award. Funding is available in Friends ofthe Library FY2007-2008 annual budget. INITIATED BY: STAFF SOURCE:

Carlos Villarreal, City Manager Miguel Pescador, Parks & Leisure Director PREVIOUS COUNCIL ACTION:

None.

BACKGROUND:

Funds will be used for the project, "Partners for Children's Health." The project consists ofthe following: 1.) A health fair will be hosted at the Main Library by the project's five partners, the Laredo Public Library, the City ofLaredo Health Department, Laredo Parks & Leisure Department, KLRN Learning Place and the University ofTexas Health Science Center at San Antonio Library. National Library of Medicine databases will be demonstrated. 2.) The City ofLaredo Parks & Leisure Department will hold five health related Bookmobile events to coincide with the summer day-camp at its recreation centers.

FINANCIAL:

Funds will be deposited in the Friends ofthe Library Revenues - Contributions and Donations account (661-0000-372-1000) and expended through the Friends ofthe Library line items (See attached Budget).

Annual Budget Amendment Revised Budget 661-0000-372-1000 $7,000.00 $5,000.00 $12,000.00

This is a cost-reimbursement award. Funding is available in the City ofLaredo - Friends ofthe Library FY2007-2008 annual budget.

RECOMMENDATION: STAFF:

The Library Advisory Committee recommends Recommend approval ofthis Ordinance. acceptance ofthis award. ORDINANCE NO. 2008-0-097 AUTHORIZING THE CITY MANAGER TO ACCEPT A NATIONAL NETWORK OF LIBRARIES OF MEDICINE, SOUTH CENTRAL REGION (NNILM SCR) AWARD IN THE AMOUNT OF $5000.00 AND AMENDING THE CITY OF LAREDO - FRIENDS OF THE LIBRARY FY 2007-2008 ANNUAL BUDGET. TIDS IS A COST REIMBURSEMENT AWARD. FUNDING IS AVAILABLE IN THE CITY OF LAREDO - FRIENDS OF THE LmRARY FY 2007-2008 ANNUAL BUDGET. WHEREAS, the City Council accepts a National Network of Libraries ofMedicine South Central Region (NNILM SCR) cost-reimbursement award in the amount not to exceed of$5,000.00, and;

WHEREAS, the City Council encourages the promotion of children's healthy living in Laredo, and;

WHEREAS, these funds will be used for the project, "Partners for Children's Health," and;

WHEREAS the project consists ofthe following: 1. A health fair hosted at the Main Library by the project's five partners, the Laredo Public Library, the City of Laredo Health Department, Laredo Parks & Leisure Department, KLRN Learning Place and the University ofTexas Health Science Center at San Antonio Library. National Library ofMedicine databases will be demonstrated; 2. The City ofLaredo Parks & Leisure Department will hold five health related Bookmobile events to coincide with the summer day-camp at its recreation centers,

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

I. The City ofLaredo accepts a National Network ofLibraries ofMedicine South Central Region (NN/LM SCR) cost-reimbursement award in the amount not to exceed $5,000.00. 2. Funding is available in the City of Laredo - Friends of the Library FY2007-2008 annual budget. 3. This award will be used to for the project, "Partners for Children's Health," 4. This ordinance shall become effective upon passage hereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON TIDS 19TH DAY OF MAY 2008

RAUL G. SALINAS, MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: RAUL CASSO IV CITY ATTORNEY

By: _ KRISTINA L. HALE ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: FINAL READING OF ORDINANCE NO. 2008-0-098 Authorizing the City Manager to accept the "21 st Century Innovation - Library Technolog) May 19,2008 Grant" from the Texas Book Festival in the amount of$5,000.00 and amending the City of Laredo Library FY 2007-2008 Annual Budget. Funds will be used to purchase four computers to create an e-mail kiosk for the Main Library.

INITIATED BY: STAFF SOURCE:

Carlos Villarreal, City Manager Miguel Pescador, Parks & Leisure Director PREVIOUS COUNCIL ACTION:

Council accepted a grant in the amount of$2,500.00 from the Texas Book Festival on June 2,2003. These funds were used to purchase Large Print Books for the Bruni Plaza Branch Library.

BACKGROUND: The Texas Book Festival is an annual gift event promoting the enhancement ofvaluable assets and services provided through Texas Public Libraries. This year's total awards exceeded $200,000.00 to 72 public libraries through out the State. The Laredo Public Library was one offive libraries selected to receive a $5,000.00 "21st Century Innovation - Library Technology Grant." Funds will be used to purchase four computers to create an e-mail kiosk for the Main Public Library. This kiosk will allow library patrons who only need to access their e-mail to do so quickly without having to wait for a regular computer to become available.

FINANCIAL: Funds will be deposited in the Library Revenues - Texas Library Association/Book Festival (l01-0000 372-9019) and expended through the Library line Item 101-3510-552-0700 Computer Hardware/Software (Main Library). Annual Budget Amendment Revised Budget 101-0000-327-9019 $0 $5,000.00 $5,000.00 101-3510-552-0700 $5,000.00 $10,000.00 $10,000.00

RECOMMENDATION: STAFF:

The Library Advisory Committee recommends Recommend approval ofthis Ordinance. acceptance ofthis grant. ORDINANCE NO. 2008-0-098

AUTHORIZING THE CITY MANAGER TO ACCEPT THE "21sT CENTURY INNOVATION - LIBRARY TECHNOLOGY GRANT" FROM THE TEXAS BOOK FESTIVAL IN THE AMOUNT OF $5,000.000 AND AMENDING THE CITY OF LAREDO LmRARY FY 2007-2008 ANNUAL BUDGET. FUNDS WILL BE USED TO PURCHASE FOUR COMPUTERS TO CREATE AN E-MAIL KIOSK FOR THE MAIN LmRARY.

WHEREAS, the City Council accepts the "21 st Century Innovation - Library Technology Grant" from the Texas Book Festival in the amount of$5,000.00, and;

WHEREAS, the City Council seeks all opportunities to offer technology resources that offer infonnation in a variety offonnats and through a variety ofdelivery methods, and;

WHEREAS, these grant funds will be used to purchase four computers to create an e-mail kiosk for the Laredo Public Library, and;

WHEREAS, funds will be placed in the Library Revenues - Texas Library AssociationIBook Festival line item,

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

1. The City ofLaredo accepts the "21 st Century Innovation - Library Technology Grant" from the Texas Book Festival in the amount of$5,000.00; 2. The City of Laredo Library FY 2007-2008 Annual Budget is amended in the amount of$5,000.00. 3. These funds are to be used to purchase four computers to create an e-mail kiosk for the Laredo Public Library. 4. This ordinance shall become effective upon passage hereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS 19T11 DAY OF MAY, 2008.

RAUL G. SALINAS, MAYOR ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: RAUL CASSO IV CITY ATTORNEY

By: KRI-ST-IN-A-L-.-HA----L-E---- ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION

DATE: SUBJECT: FINAL READING OF ORDINANCE NO. 2008-0-099

05-05-2008 AMENDING ARTICLE IX [SWIMMING POOLS] OF CHAPTER 15 SECTION 144 NUMBER 19 CHANGING THE AMOUNT OF LIABILITY INSURANCE FROM $1,000,000 TO $500,000 AND TO INCREMENT SAID $500,000 ANNUALLY BY $250,000 UNTIL TOTAL AMOUNT OF INSURANCE IS NO LESS THAN $1,000,000.

INITIATED BY: STAFF SOURCE: Horacio De Leon Erasmo A. Villarreal Assistant City Manager Director ofBuilding Development Services Department

PREVIOUS ACTION: Final reading ofordinance amended on April 7,2008

BACKGROUND: The Ordinance amendment is to allow small contractors the opportunity to continue in business. The intent is to start with $500,000 and increase the amount by $250,000 for two consecutive years until $1,000,000 is reached.

FINANCIAL: Fees will result in minor increase in revenue.

RECOMMENDATION: STAFF RECOMMENDATION: N/A Recommends introduction ofthis ordinance ORDINANCE NO. 2008-0-0-099

AMENDING ARTICLE IX [SWIMMING POOLS] OF CHAPTER 15 SECTION 144 NUMBER 19 CHANGING THE AMOUNT OF LIABILITY INSURANCE FROM $1,000,000 TO $500,000 AND TO INCREMENT SAID $500,000 ANNUALLY BY $250,000 UNTIL TOTAL AMOUNT OF INSURANCE IS NO LESS THAN $1,000,000.

WHEREAS, City of Laredo Code of Ordinances, Article IX, Section 15-144, Private pool/ spa barrier requirements number 19 defmes liability insurance at $1,000,000,000.

WHEREAS, The City Council deems necessary to change the insurance requirement to allow for small businesses to continue operating.

WHEREAS, The insurance requirement should be changed from $1,000,000 to $500,000 with increments of $250,000 for the next two years until insurance ofno less than $1,000,000 is reached.

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

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

SECTION 3: This ordinance shall become effective as and from the date ofpublication specified in Section 2.

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

DAY OF -',2008.

RAUL G. SALINAS MAYOR ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

By:. _ KRISTINA HALE ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION

DATE: SUBJECT: FINAL READING OF ORDINANCE 2008-0-100 05/19/2008 Authorizing the City Manager to execute a lease agreement with Boys and Girls Club of Laredo. This agreement authorizes the lease of an unimproved tract of real property (as depicted in the lease agreement in Exhibit "A"), A 44,609 square foot parcel, more or less, out of City of Laredo 20.0177 acre tract of record in Volume 1614, Pages 520 thru 530, Official Public Records of Webb County, Texas, situated in Pordon 22, Abstract 277, in the North Central Park located along International Boulevard, Laredo, Texas, County of Webb. This agreement establishes a fee of $1.00 per annum for a term of forty (40) years.

INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Miguel Pescador, Parks and Leisure Service Dept. Director

PREVIOUS COUNCIL ACTION: This lease agreement item was introduced and approved by City Council on May 5, 2008.

BACKGROUND:

The City of Laredo owns an unimproved 44,609 square foot parcel, more or less, out of City of Laredo 20.0177 acre tract of record in Volume 1614, Pages 520 thru 530, Official Public Records of Webb County, Texas, situated in Porcion 22, Abstract 277, in the North Central Park located along International Boulevard, Laredo, Texas, County of Webb. The City of Laredo has determined that it is advantageous to itself, its citizenry and the community at large to lease the demised real property to the Boys and Girls Club of Laredo.

The primary purpose of this agreement is to institute a Boys &Girls facility for the youth of Laredo.

FINANCIAL IMPACT: Lessee shall incur a .$1.00 per annum fee and will be deposited into Acct. # 101-0000-361-2000

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Staff recommends approval of this forty (40) years agreement with Boys and Girls Club of Laredo. ORDINANCE NO. 2008-0-100

AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH BOYS AND GIRLS CLUB OF LAREDO, INC. THIS AGREEMENT AUTHORIZES THE LEASE OF AN UNIMPROVED TRACT OF REAL PROPERTY (AS DEPICTED IN THE LEASE AGREEMENT IN EXHmIT "A"), A 44,609 SQUARE FOOT PARCEL, MORE OR LESS, OUT OF CITY OF LAREDO 20.0177 ACRE TRACT OF LAND AS RECORDED IN VOLUME 1614, PAGES 520 THRU 530, OFFICIAL PUBLIC RECORDS OF WEBB COUNTY, TEXAS, SITUATED IN PORCION 22, ABSTRACT 277, WITHIN THE NORTH CENTRAL PARK LOCATED ALONG INTERNATIONAL BOULEVARD, LAREDO, TEXAS, COUNTY OF WEBB. 1. THIS AGREEMENT ESTABLISHES A FEE OF $1.00 PER ANNUM FOR A TERM OF FORTY (40) YEARS.

WHEREAS, the City currently owns the unimproved real property containing approximately 20.0177 acres, more commonly known as North Central Park; and,

WHEREAS, the Parks and Leisure Services Dept. Director recommends that Council approve the proposed lease between the City ofLaredo, as LESSOR and the Boys & Girls Club ofLaredo, Inc., as LESSEE, for approximately 44,609 square foot parcel, more or less, out of 20.0177 acres unimproved land currently owed by the City ofLaredo, more commonly known as North Central Park; and further described in Exhibit "A"; and,

WHEREAS, Lesser and Lessee agreed that Lessee would assume responsibility for the construction and operation, maintenance ofa Boys and Girls Club on the Premises, but with right ofcity to use the premises for community purposes and functions when the premises are not otherwise being used for Club purposes; and,

WHEREAS, Lesser has determined that it is advantageous to itself, its citizenry, and the community at large to lease the real property to the Lessee, together with the right, privileges and uses described herein;

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

Section 1: The City Manager be hereby authorized to execute a lease agreement with the Boys and Girls Club ofLaredo, Inc. for approximately 44,609 square foot parcel, more or less, unimproved land for the purpose ofconstruction, operation and maintenance ofa Boys and Girls Club Facility on the Premises.

Page I of2 Section 2: This agreement establishes a fee of$1.00 per annum for a term offorty (40) years.

Section 3: This Ordinance shall become effective upon passage hereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF , 200_

RAUL G. SALINAS MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

BY: _ VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY

Page 2 of2 COUNCIL COMMUNICATION

DATE: SUBJECT: FINAL READING OF ORDINANCE NO. 2008-0-0101 Closing as a public easement that section of the 1900 block of Calton Road 05-19-08 between Maher and Thomas Avenues as per the Laredo Airport Plat recorded in Vol. 5, Page 1, Webb County Plat records situated in the City of Laredo, County of Webb, Texas and providing for an effective date.

INITIATED BY: STAFF SOURCE: Cynthia Collazo Ronnie Acosta Deputy City Manager CD Director

PREVIOUS COUNCIL ACTION: On March 10, 2008, City Council made a motion to request staff to proceed with the closing of the above-mentioned street. On May 5, 2008, City Council introduced this ordinance.

PROPOSED ACTION: The City is proposing to close as a public easement the above-mentioned street in order to provide more security to the Police Department personnel and their facilities. The Police Department station and the Police Annex are located on the 4700 and 4800 blocks of Maher Ave., respectively. By closing the street, the Police Department will be able to secure their entire facility.

Memorandums have been sent to all City Departments and no objections were noted. Should the proposed closure be approved, the City of Laredo will retain the entire street as a utility easement.

On March 25,2008, the Laredo International Airport Advisory Committee discussed the proposed street closure and made a motion to approve it. On April 10, 2008, the Transportation and Traffic Safety Advisory Committee also recommended in favor of the proposed closing. Letters were mailed to property owners within the 200' radius of the proposed street closure, informing them of this public hearing.

A public hearing before the Planning and Zoning Commission was held on May 1, 2008. Planning and Zoning Commission recommended approval of this closure. FINANCIAL IMPACT: None

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Staff recommends passage of this Ordinance. ORDINANCE #2008-0-0101

CLOSING AS A PUBLIC EASEMENT THAT SECTION OF THE 1900 BLOCK OF CALTON ROAD BETWEEN MAHER AND THOMAS AVENUES AS PER THE LAREDO AIRPORT PLAT, RECORDED IN Vol. 5, PAGE 1, WEBB COUNTY PLAT RECORDS, SITUATED IN THE CITY OF LAREDO, COUNTY OF WEBB, TEXAS AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City Manager recommends that the City Council close as a public easement that section ofthe 1900 block ofCalton Road between Maher and Thomas Avenues, as per the Laredo Airport Plat, recorded in Vol. 5, Page 1, Webb County Plat Records, situated in the City ofLaredo, County ofWebb, Texas.

WHEREAS, the sole abutting property owner is the City ofLaredo and,

WHEREAS, traffic flow will not be adversely affected by such closing since this street has limited amount oftraffic; and

WHEREAS, the City Council finds that it is in the best interest ofthe City to close as a public easement the above mention street section in order to improve the security ofthe Laredo Police Department facilities.

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

1. Section ofthe 1900 block ofCalton Road between Maher and Thomas Avenues, as per the Laredo Airport Plat, recorded in Vol. 5, Page 1, Webb County Plat Records, situated in the City ofLaredo, Webb County, Texas; be and the same is hereby closed as a public easement, provided that the City retains the right to maintain, operate, repair and replace, by itself or by any licensee or a holder ofa franchise from the City, any poles, wires, pipes, conduits, sewer mains, or any other facilities or equipment for the maintenance ofoperation ofany utility now located in the street portion hereofclosed as a public easement.

2. This Ordinance shall become effective upon passage thereof.

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

RAUL G SALINAS

Mayor

ATTEST:

GUSTAVO GUEVARA, JR. City Secretary

APPROVED AS TO FORM: Jaime L. Flores City Attorney

By: _ ANTHONY McGETTRICK Asst. City Attorney

2 f N' .~ COUNCil COMMUNICATION DATE: SUBJECT: FINAL READING OF ORDINANCE NO. 200S..()*0102 Authorizing the City Manager to execute an Amendment to the Lease 5-19-08 Agreement approved on March 1, 1998, by Ordinance No. 99-0-064 between the City of Laredo, as Lessor, and The Laredo National Bank, as Lessee, for the approximate 5,632 square feet constituting Building No. 146 located at 4401 Maher Avenue at the Laredo International Airport. Said Amendment specifically amends Lessee's name from The Laredo National Bank to Compass Bank, an Alabama banking corporation, and amends Section 1.03, Option to Extend, allowing Lessor and or Lessee to have the right to terminate the Lease Agreement at any time with or without cause, and without any penalty, upon ninety (90) days prior written notice from the party terminating to the other, and amends Section 1.06, Rent Adjustments Based on Appraisals, wherein Lessor and Lessee agree that the monthly rent shall be $1,860.00 commencing on July 1, 2006, and that such rent be adjusted according to changes in the Consumer Price Index provided for in Section 1.05, Rental Escalation, on July 1, 2007, and annually thereafter. All other terms and conditions of the lease remain unchanged and in effect; providing for an effective date.

INITIATED BY: Jesus M. Olivares STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Manager

PREVIOUS COUNCIL ACTION: On April 5,2008, Ordinance was introduced by City Council, and Staff was instructed to proceed.

BACKGROUND:

Lessee has leased Building No. 146 for office, storage and warehousing since 1998 and is a tenant in good standing. The Amendment will amend Lessee's Name from The Laredo National Bank to Compass Bank, an Alabama baking corporation, and will allow Lessor and or Lessee to give 90-day written notice from the party terminating to the other with or without cause and without any penalty.

Also, Lessee and Lessor agree that the monthly rent shall be $1,860.00 commencing on July 1, 2006 and that such rent be adjusted according to changes in the Consumer Price Index on July 1, 2007, and annually thereafter. The proposed monthly rent was determined by the average of two appraisals (Lessor's and Lessee's).

FINANCIAL IMPACT: Aeronautical Building Rent Account No. 242-0000-361-1086 Previous Monthly Rent: $998.09 Monthly Rent: $1,860.00 x 12 Months = 22,320.00

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: On March 25, 2008, the Airport Advisory Approval of this Ordinance. Committee recommends approval. ORDINANCE NO. 2008-0-0102

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT APPROVED ON MARCH 1,1998, BY ORDINANCE NO. 99-0-064 BETWEEN THE CITY OF LAREDO, AS LESSOR AND THE LAREDO NATIONAL BANK, AS LESSEE, FOR THE APPROXIMATE 5,632 SQUARE FEET CONSTITUTING BUILDING NO. 146 LOCATED AT 4401 MAHER AVENUE AT THE LAREDO INTERNATIONAL AIRPORT. SAID AMENDMENT SPECIFICALLY AMENDS LESSEE'S NAME FROM THE LAREDO NATIONAL BANK TO COMPASS BANK, AN ALABAMA BANKING CORPORATION, AND AMENDS SECTION 1.03, OPTION TO EXTEND, ALLOWING LESSOR AND OR LESSEE TO HAVE THE RIGHT TO TERMINATE THE LEASE AGREEMENT AT ANY TIME WITH OR WITHOUT CAUSE, AND WITHOUT ANY PENALTY, UPON NINETY (90) DAYS PRIOR WRITTEN NOTICE TO THE PARTY TERMINATING TO THE OTHER, AND AMENDS SECTION 1.06, RENT ADJUSTMENTS BASED ON APPRAISALS, WHEREIN LESSOR AND LESSEE AGREE THAT THE MONTHLY RENT SHALL BE $1,860.00 COMMENCING ON JULY 1, 2006, AND THAT SUCH RENT BE ADJUSTED ACCORDING TO CHANGES IN THE CONSUMER PRICE INDEX PROVIDED FOR IN SECTION 1.05, RENTAL ESCALATION, ON JULY 1, 2007, AND ANNUALLY THEREAFTER. ALL OTHER TERMS AND CONDITIONS OF urn LEASE REMAIN UNCHANGED AND IN EFFECT; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Airport Manager recommends that the City Council approve the proposed Lease Amendment to the Lease Agreement approved on March 1, 1998, by Ordinance No. 99-0-064 between the City of Laredo, as LESSOR, and The Laredo National Bank, as LESSEE, for approximately 5,632 square feet constituting Building No. 146 located at 4401 Maher Avenue at the Laredo International Airport, as a contract and in furtherance of the development of the Laredo International Airport and as a support to the maintenance and operation ofthe Laredo International Airport;

WHEREAS, LESSEE'S name is amended from The Laredo National Bank to Compass Bank, an Alabama banking corporation. Section 1.03, Option to Extend, is amended to allow Lessor and or Lessee to have the right to terminate the Lease agreement at any time with or without cause, and without any penalty, upon ninety (90) days prior written notice to the party terminating to the other. Section 1.06, Rent Adjustments Based on Appraisals, is amended wherein Lessor and Lessee agree that the monthly rent shall be $1,860.00 commencing on July 1, 2006, and that such rent be adjusted according to changes in the Consumer Price Index provided for in Section 1.05, Rent Escalation, on July 1,2007, and annually thereafter~ and

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

Page 1 of2 AN ORDINANCE AUTlIORIZING A LEASE AMENDMENT WITH THE LAREDO NATIONAL BANK (COMI'ASS BANK) FOR BUILDING NO. 146

WHEREAS, the City Council of the City of Laredo having heard the recommendations ofthe Airport Director and ofthe Airport Advisory Committee agrees with same.

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

Section 1: The City Manager be hereby authorized to execute a Lease Amendment to the Lease Agreement approved on March 1, 1998, by Ordinance No. 99-0-064 between the City ofLaredo, as LESSOR and The Laredo National Bank, as LESSEE, for approximately 5,632 square feet constituting Building No. 146 located at 4401 Maher Avenue at the Laredo International Airport, a copy ofwhich lease amendment is attached hereto as Exhibit A, and incorporated herein as if set out at length for aU intents and purposes.

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

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

RAUL G. SALINAS MAYOR

ATTEST:

GUSTAVO GUEVARA, JR CITY SECRETARY

APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

BY:------VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY

Page 2 of2 Note: This First Amendment to that certain Lease Agreement between the City of Laredo and The Laredo National Bank for Building No. 146 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 ofTexas § County ofWebb §

FIRST AMENDMENT TO LEASE AGREEMENT

THIS FIRST AMENDMENT (this "Amendment") is made and entered into by and between THE CITY OF LAREDO, a municipal corporation ("LESSOR") and COMPASS BANK, an Alabama banking corporation ("LESSEE") (collectively, the "Parties").

WITNESSETH

WHEREAS, LESSOR and LESSEE have entered into that certain Lease Agreement dated as of March 1, 1998, as amended to date (the "Agreement"); and

WHEREAS, each ofthe Parties desire to modify the Agreement in accordance with the terms of this Amendment. '.

NOW THEREFORE, in consideration of the mutual agreements, the representations, warranties and covenants under the Agreement, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties, intending to be legally bound, agree as follows:

1. Definitions. As used in this Amendment and unless otherwise expressly amended hereby, all terms previously defined in the Agreement shall retain the meanings set forth therein.

2. Amendments. The Agreement, attached as Exhibit 1, shall be and hereby is amended as follows:

a. LESSEE'S name is amended from The Laredo National Bank to Compass Bank, -an Alabama banking corporation, succeeding The Laredo National Bank, as LESSEE.

b. Section 1.03 shall be modified to state: "LESSEE is hereby granted an option to extend this lease for three (3) consecutive five (5) year renewal options until June 30, 2023. Each option shall be exercised by letter in writing delivered to and received by the Airport Director at his office, at least sixty (60) days before the end of the previous term. The terms and conditions of this agreement shall apply to any and all options. During any renewal term, LESSOR and or LESSEE shall have the right to terminate the Agreement at any time with or without cause, and LEASE AJ\1ENDMENT WITH THE LAREDO NATIONAL BANK (COMPASS BANK) FOR BUILDING NO. 146

without any penalty, upon ninety (90) days prior written notice from the party terminating to the other.

c. Pursuant to Section 1.06, Parties agree that LESSEE shall pay LESSOR a monthly rent of $1,860.00 commencing on July 1, 2006, and that such rent shall be adjusted according to the Consumer Price Index adjusted provided for in section 1.05 ofthe Agreement on July 1,2007 and annually thereafter.

3. Effect of Amendment. Except to the extent expressly modified or altered hereby, the Parties acknowledge and agree that all terms, provisions, covenants and conditions of the Agreement shall be and remain in full force and effect, and shall constitute the legal, valid, binding and enforceable obligations ofthe Parties.

4. Termination of Amendment. Except to the extent expressly modified or altered hereby, the Parties acknowledge and agree that this Amendment shall automatically terminate, without penalty, upon the termination ofthe Agreement.

5. Miscellaneous. This Amendment may be executed and delivered by the Parties in separate counterparts, each ofwhich when so executed and delivered shall be deemed to be an original and all ofwhich counterparts, taken together, shall constitute but one and the same instrument. All headings and references used in this Amendment shall be without substantive meaning or content of any kind whatsoever and are not a-part of the agreements among the Parties evidenced hereby. If any provision of the Agreement, as amended hereby, is held invalid, void, or unenforceable for any reason by a court ofcompetent jurisdiction, it shall to that extent be deemed omitted, and the balance of the Agreement, as amended hereby, shall remain in full force and effect. The Parties agree to take such further actions, as may be necessary or desirable to evidence the amendments and modifications herein contained to the Agreement. This Amendment shall be governed by and construed in accordance with the laws of the State ofTexas, without regard to its choice oflaws rules.

EXECUTED on this __ day of , 2008.

CITY OF LAREDO a municipal corporation

By: _ CARLOS VILLARREAL CITY MANAGER ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

Page 2 of3 LEASE AMENDMENT WITH THE LAREDO NATIONAL BANK (COMPASS BANK) FOR BUILDING NO. 146

APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

BY: _ VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY

LESSOR: COMPASS AN ALABAMA BANKING CORPO

BY:__----<--+"-- _ STEVE K KPATRICK SENIOR ICE PRESIDENT REAL ESTATE SERVICES REAL ESTATE DEVELOPMENT

Page 3 of3 REFERENCE 99-0-064 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 ofTexas )( County ofWebb )(

This Agreement made and entered into by and between THE CITY OF LAREDO, a municipal corporation (hereinafter called "LESSOR"), and The Laredo National Bank (hereinafter called "LESSEE").

WITNESSETH

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

WHEREAS, the LESSOR deems it advantageous to itself and to its operation of the Airport 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 PRIVILlGES

DEFINITIONS:

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

EXHIBIT 1 LEASE AGREEMENT BETW.....,;N THE CITY OF LAREDO AND THE LAREDv SATIONAL BANK (BUILDING NO. 146)

"LESSOR": The City ofLaredo, by and through it's duly constituted agent, the Airport Director, shall be considered the LESSOR for all purposes ofthis lease.

"PREMISES": Includes the property and building subject to this lease. "STRUCTURE" OR "STRUCTURAL": Includes, but is not limited to, 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 5,632 square feet constituting. Building No. 146, located at 4401 Maher Avenue, Laredo, Webb County, Texas situated on an approximate 21,217 square foot tract of land, together with improvements located thereon, described by metes and bounds and located in Block No.1, of the subdivision plat of Laredo Airport recorded in Volume 5, Page 1, plat records ofWebb County, Texas. The property on which the building is situated is more particularly described and depicted on "Exhibit A-I" attached hereto and incorporated herein, all hereinafter referred to as the leased area, all within the Laredo International Airport, and LESSEE hereby leases the said leased area from LESSOR.

1.02 TERM:

This lease is to be for a term often (10) years commencing on July 1, 1998 and ending on June 30, 2008.

1.03 OPTION TO EXTEND:

LESSEE is hereby granted an option to extend this lease for three (3) consecutive five (5) yearrenewal options until June 30, 2023. Each option shall be exercised by letter in writing delivered to and received by the Airport Director at his office, at least sixty (60) days before the end of the

Page 2 of23 LEASE AGREEMENT BETW bl£N THE CITY OF LAREDO AND THE LAREDlJ NATIONAL BANK (BUILDING NO. 146)

previous term. The terms and conditions of this agreement shall apply to any and all options.

1.04 RENTAL OBLIGATION:

Subject to annual review for rent escalation, except as provided herein, and pursuant to Section 1.05 herein, LESSEE herein agrees to pay to LESSOR monthly, in advance, the sum of Five Hundred Dollars ($500.00) base rent for each month commencing on July 1, 1998 and ending June 30, 2000. Commencing on July 1, 2000 and ending June 30, 2002, LESSEE herein agrees to pay to LESSOR monthly, in advance, the sum of Seven Hundred and Fifty Dollars ($750.00). Commencing on July 1, 2002 and ending on June 30, 2004, LESSEE agrees to pay to LESSOR monthly, in advance, in the sum of Nine Hundred and Fifty Dollars ($950.00). Commencing on July 1, 2004, LESSEE agrees to pay the monthly rent of Nine Hundred and Fifty Dollars ($950.00) plus the Consumer Price Index adjustment provided for in section 1.05 ofthis lease agreement.

Monthly rentals shall be paid in advance on or before the first (15t) day of each month, the first of such monthly rental payment (or proportionate part thereof, should the lease be effective on a day other than the first day ofthe month) being due on the effective date ofthis lease.

The basic rent and such additional charges as accrued shall be paid by the first (15t) 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:

(a) Any damages to the premises or any part thereof, except for damages caused by LESSOR;

(b) Any restriction or prevention of or interference, except by LESSOR, with any use ofthe leased property or any part thereof;

Page 3 of23 LEASE AGREEMENT BETW r..J<:N THE CITY OF LAREDO AND THE LAREDU NATIONAL BANK (BUILDING NO. 146) .

(d) Notice oftermination ofleasehold by LESSEE.

1.05 RENTAL ESCALATION:

Without waiving other rental escalation provisions in this contract, monthly rentals shall be adjusted annually during the primary and option 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) 1984 = 100 Base as compiled by the Bureau of Labor Statistics. This means that at the anniversary date of July 1, 2004, and annually thereafter, the rent will be adjusted according to the percent change in the CPI as of 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 rent x CPI = adjustment + second year's rent = rent for third year... etc., annually until lease expiration or any extension thereto.

1.06 RENT ADJUSTMENTS BASED ON APPRAISAL:

Notwithstanding anything to the contrary, the annual rent obligation effective on July 1,2006, and July 1,2016, in the event this lease agreement is extended, shall be adjusted based on twelve (12) percent of the then appraised market value of the leased premises and such revised rental shall be adjusted annually thereafter as provided in Section 1.05 of this lease agreement.

Page 4 of23 LEASE AGREEMENT BETWl;.c;N THE CITY OF LARED'O AND THE LAREDO NATIONAL BANK (BUILDING NO. 146) ,

LESSEE shall have the right to protest any valuation conducted. In the event LESSEE elects to protest such valuation, LESSEE shall, within thirty (30) days after receipt ofthe proposed valuation conducted notify the Airport Director in writing that LESSEE protests the valuation as provided by LESSOR. Thereafter, LESSEE at LESSEE'S sole cost and expense, shall retain the services of a qualified appraiser to perform the valuation. The appraiser retained by LESSEE and the appraiser retained by LESSOR shall thereafter agree on the appointment ofa third appraiser to perform the valuation, which third appraiser shall be retained at the equal cost and expense of both the LESSEE and LESSOR. The appraised market value as determined by the three appraisals shall be conclusive as to the appraised market value of the leased premises and the determination of the annual rental obligation, which in all events shall commence and be effective on the rental adjustment date.

1.07 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 rental required hereunder. The deposit shall be retained by LESSOR during the lease term or any extension thereto, and, upon termination ofthe 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 owing to the LESSOR by LESSEE under the terms ofthis lease, including but not limited to any costs ofrestoring 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.

1.08 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 connections fees.

Page 5 of23 LEASE AGREEMENT BET"" I!.<£N THE CITY OF LAREDO AND THE LAREDO'NATIONAL BANK (BUILDING NO. 146) ,

1.09 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 ofthe LESSOR.

1.10 USE AND USE CONFLICT:

The leased area herein leased is to be used and occupied solely for the purpose of office, storage and warehousing 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 ofthis lease shall be ofno force or effect, and shall confer no rights upon any assignee, sublessee, mortgagee or pledgee, but shall constitute a material breach ofthis contract.

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 ofthe guardian, trustee or receiver, and this lease shall immediately terminate and end.

Page 6 of23 LEASE AGREEMENT BET"" J!,f:N THE CITY OF LAREDO AND THE LAREDU NATIONAL BANK (BUILDING NO. 146)

1.11 LATE CHARGE:

Should LESSEE fail to pay when due any installment ofrental, or any other sum payable to the LESSOR under the terms of this Lease, then interest at the maximum legal rate then payable by tenant in the State of Texas shall accrue from and after the date on which any such sum shall be due and payable, and such interest shall be paid by LESSEE to LESSOR at the time ofpayment ofthe sum upon which such interest shall have accrued and acceptance of such late payment and late fee shall not be a waiver of any ofthe provisions or rights provided by this contract.

1.12 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 hereofunless sooner terminated as provided in this Agreement.

1.13 WARRANTY OF TITLE:

LESSOR hereby represents and warrants that it is the owner in fee simple absolute ofthe leased premises, subject to any covenants, conditions, restrictions, easements, and other matters ofrecord.

ARTICLE II INDEMNITY, REPAIRS, ALTERATIONS AND INSURANCE

2.01 INDEMNITY AND NONCLAIM:

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

Page 7 of23 LEASE AGREEMENT BETWb.c;N THE CITY OF LAREDO AND THE LAREDlJ NATIONAL BANK (BUILDING NO. 146)

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 behalfofany persons, whether legal or equitable, including governmental bodies, arising from the conduct or management ofor 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; except any and all actions or proceedings arising out ofthe sole negligence or willful act ofLESSOR, its employees, agents, or representatives from which LESSOR shall indemnify and hold LESSEE harmless; and in the event that any action or proceeding is brought against the LESSOR by reason ofsuch claim arising out ofLESSEE's operations, the LESSEE upon notice from the LESSOR covenants to resist and defend such actions or proceedings.

LESSEE agrees for itself, its agents, servants, employees, successors and assigns that it will not bring suit against the LESSOR or assign any cause ofaction resulting from accident, fire, noise, or disturbance from the operation, maintenance, accident, crash, or crash landing ofany airplane in the Laredo International Airport area or in the vicinity ofthe Laredo International Airport, or during any operation ofaircraft over the premises, unless such cause ofaction arises out ofthe negligence or willful act of LESSOR, its employees, agents, or representatives.

LESSEE also holds LESSOR blameless for any damage to or destruction ofLESSEE'S property located on leased premises, including that caused by 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 ofscope of their duties for the LESSOR.

Page 80f23 LEASE AGREEMENT BET\\ .u~N THE CITY OF LAREDO AND THE LAREDu NATIONAL BANK (BUILDING NO. 146)

2.02 LESSEE'S DUTY TO REPAIR AND IMPROVEMENTS:

LESSEE shall, throughout the term ofthis lease, take good care ofthe leased area and the fixtures and appurtenances therein and at its sole cost and expense make all repairs thereto as and when needed to preserve them in good working order and condition, damage from fire excepted. In this regard, LESSEE is responsible for the maintenance and repair at LESSEE'S sole cost and expense ofall structural and non-structural building components including roof, walls, floors, windows, doors, plumbing, electrical, light fixtures, plumbing fixtures, air conditioning system, painting ofinterior and exterior walls when needed, floor covering and other non-structural repairs and all necessary modifications to the demised premises to comply with the Americans with Disabilities Act.

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 ofLESSEE, its servants, employees, or licensees, shall be repaired promptly by LESSEE at LESSEE'S sole cost and expense, to the satisfaction ofLESSOR..

LESSEE agrees to make the following improvements to LESSOR'S satisfaction to the leased premises within one hundred twenty (120) days from the date the lease is approved by LESSOR: (a) paint exterior of Building No. 146, (b) add an irrigation system, (c) add landscaping, (d) add burglar bars and alarm system, (e) add an air conditioning system, (f) carpentry, and (g) install new fencing and electric control gates.

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 ofLESSOR. LESSOR reserves the right to reject any proposed extension, repair or

Page 9 of23 , ' , LEASE AGREEMENT BET""",I£N THE CITY OF LAREDO AND THE LAREDu NATIONAL BANK (BUILDING NO. 146) ,

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 ofLESSEE'S tenancy.

(c) Trade fixtures, movable furniture, and other service equipment ofLESSEE peculiar to LESSEE'S business are not to be included in alterations, and must be removed by LESSEE, upon termination oflease, provided LESSEE is not in default oflease 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 reasonable costs ofsuch restoration, upon termination oflease.

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

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 ofthe leased area is the sole responsibility ofthe LESSEE.

(c) Public Liability Insurance: LESSEE agrees to indemnify and hold LESSOR harmless from any and all claims, damages, causes ofaction, cost and expense, including attorney's fees resulting from or related to LESSEE'S use and occupancy ofthe leased premises, except any such

Page 10 of23 LEASE AGREEMENT BETW",LN THE CITY OF LAREDO AND THE LAREDv NATIONAL BANK (BUILDING NO. 146)

claims, damages, causes ofaction, costs and expenses arising out ofthe negligence or willful act ofLESSOR, 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 Insurance in minimum amounts ofFive Hundred Thousand Dollars ($500,000.00) per incident, and One Hundred Thousand Dollars ($100,000.00) property damage per incident, 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 ofthis lease, with a copy ofsuch proofofinsurance. However, LESSEE shall maintain public liability insurance at all times throughout the term of this lease. LESSOR reserves the right to make its acceptance ofan insurance company a condition ofthis lease such that disapproval or revocation ofapproval thereofshall authorize LESSOR to terminate this lease. 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 ofrent and fees provided for herein; or

(2) LESSEE defaults in the performance ofany ofthe 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

Page 11 of23 LEASE AGREEMENT BET\\> ...t:N THE CITY OF' LAREDO AND THE LAREDv NATIONAL BANK. (BUILDING NO. 146)

(5) LESSEE files a voluntary petition ofbankruptcy or makes a general assignment for the benefit ofcreditors; 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 ofthis specific default or failure of performance and demand immediate correction ofsuch default or failure of performance by the LESSEE. In the event that LESSEE fails to remedy the default or to correct the failure ofperformance within thirty (30) days after service or 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 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 tenants for the remainder ofthe term ofthis lease, and LESSEE shall be liable for any loss to LESSOR incurred in such re-letting for the terms ofthis lease, including but not limited to, rent, attorney's fees, ifany; and/or

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

Notwithstanding any provision as to notice in this lease contained, if in the LESSOR'S reasonable judgment the continuation ofany default by the LESSEE for the full period ofthe notice otherwise provided for herein will jeopardize the leased area or the rights ofLESSOR, 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 ofwritten request byLESSOR to LESSEE for such reimbursement. Failure ofthe LESSEE to reimburse in

Page 12 of23 LEASE AGREEMENT BET\\- ",EN THE CITY OF LAREDO AND THE LAREDO NATIONAL BANK (BUILDING NO. 146) .

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 landlord'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 ofsaid 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, 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 ofliened goods for payment for a reasonable time, as well as the selling ofsuch goods at public or private auction for rent due, without waiving LESSOR'S right to the total rent due, except for LESSEE'S bank records, matters subject to federal or state banking regulations or rights ofthird parties stored in the leased premises, such as, money orders.

3.03 ATTORNEY'S FEES:

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

Page 13 of23 LEASE AGREEMENT BET\\ .o.:..£N THE CITY OF LAREDO AND THE LAREDO NATIONAL BANK (BUILDING NO. 146)

3.04 HOLDING OVER:

Staying over past the term ofthis lease without the notice required by Section 1.05 hereofor beyond the extension term hereofwill constitute the LESSEE, upon acceptance ofrental payment by LESSOR, a month-to month tenant, at a revised rental rate ofone 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:

Ifthe 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 ofthe term ofthis lease. Notwithstanding any other provision herein, ifrent 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 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 ofperformance ofany provision ofthis agreement shall not amount to a future waiver ofstrict performance ofsuch provision or any other provision ofthis agreement. Any waiver of this lease 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 ofthe consideration hereof, does hereby covenant and agrees a covenant running with the land that:

Page 14 of23 LEASE AGREEMENT BETwJ!.EN THE CITY OF LAREDO AND THE LAREDO NATIONAL BANK (BUILDING NO. 146)

(1) No person on the grounds ofrace, color or national origin shall be excluded from participating in, denied the benefits of, or be otherwise subjected to discrimination in the use ofsaid facilities;

(2) That in the construction ofany improvements on, over, or under such land and the furnishing ofservices thereon, no person on the grounds ofrace, color, or national origin shall be excluded from participation in, denied the benefits or, 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 CFR Part 21, Nondiscrimination in Federally Assisted Programs ofthe Department of Transportation, and as said Regulations may be amended;

(4) That in the event ofbreach ofany ofthe 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 requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs ofthe Department ofTransportation, and as said Regulations may be amended.

(c) That in the event ofbreach ofany ofthe preceding nondiscrimination covenants, LESSOR shall have the right to terminate the license, lease, permit, etc., and hold the same as ifsaid lease had never been made or issued.

(d) AIRPORT AND AIRWAYS DEVELOPMENT ACT OF 1970: The LESSEE for itself, its agents, servants, employees, successors and assigns, as a part ofthe consideration hereof, does hereby covenant and agrees to a covenant running with the land that:

Page 15 of23 LEASE AGREEMENT BETV\< L£N THE CITY OF LAREDO AND THE LAREDo' NATIONAL BANK (BUILDING NO. 146) .

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

2. LESSEE will charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that the LESSEE shall give discounts, rebates, or other similar types ofprice reduction to volume purchasers;

3. LESSEE assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to ensure that no person shall on the grounds ofrace, creed, color, national origin, or sex be executed from participating in any employment activities covered in 14 CFR Part 152, Subpart E. The LESSEE assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits ofany program or activity covered by this subpart. The LESSEE assures that he will require that its covered suborganizations provide assurances to the LESSEE that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect. ARTICLE IV MISCELLANEOUS

4.01 TRAILERS, ABANDONED VEHICLES EXPRESSLY PROHIBITED:

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

Page 16 of23 · . LEASE AGREEMENT BET""cEN THE CITY OF LAREDO AND THE LAREDO NATIONAL BANK (BUILDlNG NO. 146) .

4.02 CAPTIONS:

Articles and headings are inserted only as a matter ofconvenience and for reference and in no way define, limit or describe the scope or intent ofany provision hereof, nor are they meant to bind the LESSOR or LESSEE to the meaning ofsuch heading.

4.03 CONSTRUED PURSUANT TO TEXAS LAW:

This agreement shall be construed under and in accordance with the laws ofthe State ofTexas, and performed in Webb County, Texas.

4.04 RE-ENTRY:

No re-entry, repossession, operations, or reletting ofthe premises or offixtures and equipment shall be construed as an election by LESSOR to terminate this lease unless a written notice ofsuch 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 BINDING AGREEMENT:

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

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:

Page 17 of23 .' , LEASE AGREEMENT BET'Nr..EN THE CITY OF LAREDO AND THE LAREDO NATIONAL BANK (BUILDING NO. 146)

The Laredo National Bank 700 San Bernardo Avenue Laredo, Texas 78040 and to LESSOR: Office ofthe Airport Director Laredo International Airport 5210 Bob Bullock Loop Laredo, Texas 78041

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 ofthe leased area.

4.08 OUTSIDE STORAGE PROHIBITED:

Storage ofvehicles, equipment, supplies, or any other items outside ofthe 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 ofsaid premises, LESSEE shall have the option to canceling this lease upon written notice to LESSOR within thirty (30) days ofthe date the premises are rendered 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 ofits terms and conditions. Failure ofLESSEE to give notice ofcancellation within said thirty (30) day period shall mean that the LESSEE exercises its option to

Page 18 of23 LEASE AGREEMENT BET\\' ~EN THE CITY OF LAREDO AND THE LAREDO'NATIONAL BANK (BUILDING NO. 146) .

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, and as shown on the attached Exhibit A-I to include the right-of-way areas up to the street curb. 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 ofthe building and said area in a neat and orderly fashion.

LESSOR reserves the right to maintain or have maintained the leased premises associated with the lease agreement for environmental and/or public health reasons. LESSEE agrees to promptly reimburse LESSOR for all expenses incurred in the maintenance ofthe leased premises, within ten (10) days ofreceipt ofstatement. Failure to so will constitute breach of contract and LESSEE will be in default ofthe 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 ofits responsibilities for neatness ofthe 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 it storage and disposal.

4.12 IMPROVEMENTS VESTED IN LESSOR:

The parties agree that the obligation and promise ofLESSEE, as expressed herein, to make repairs and improvements and maintain the leased premises is a part ofthe total consideration for this lease agreement. Therefore, all right, title, and interest in and to said repairs or improvements

Page 19 of23 LEASE AGREEMENT BET\\- ...... iN THE CITY OF LAREDO AND THE LAREDO NATIONAL BANK (BUILDING NO. 146)

shall at all times herein be vested in LESSOR, subject only to the right of LESSEE to use and possession ofsaid building and improvements during this lease term plus any extensions hereofas provided in said building so long as LESSEE is not in default ofany ofthe terms ofthis agreement. It shall be the obligation ofLESSEE to maintain and repair the said leased area and improvements during the term ofthis lease or any extension thereof. Upon termination, interest in and to the said repairs 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 ofsaid leased area.

4.13 SUBORDINATION OF LEASE:

This lease shall be subordinated to the provisions ofany existing or future agreement between LESSOR and the United States, relative to the operation or maintenance ofthe Airport, the execution ofwhich has been or may be required as a condition precedent to the expenditure ofFederal Funds for the development ofthe Airport.

It is expressly understood and agreed that this lease is subject to and subordinate to and controlled by provisions, stipulations, covenants and agreements contained in those certain contracts, agreements, resolutions and actions ofthe City and United States ofAmerica and its agents included but not limited, to the Federal Aviation Administration (FAA) and all regulations now and hereafter imposed upon the City and that the LESSOR shall not be liable to LESSEE on account ofany ofthe foregoing matters and all ofsuch contracts, agreements, resolutions and regulations are incorporated herein by reference, and ifsaid provision ofthis lease is determined to be a variance with same, such provision is unilaterally reformable at LESSOR'S option.

The parties agree that as ofthe date ofexecution ofthis contract there exists no provisions, stipulations, covenants, or agreements which would prohibit LESSEE from using the leased premises for the purpose et forth in Paragraph 1.09; titled "Use and Use Conflict" in this agreement.

Page 20 of23 LEASE AGREEMENT BET'"",":N THE CITY 01" LAREDO AND THE LAREDO NATIONAL BANK (BUILDING NO. 146)

4.14 NATIONAL EMERGENCY:

During the time ofwar and national emergency, LESSOR shall have the right to lease the landing area or any part thereofto the United States Government for military or naval use, and, ifsuch lease is executed, the provisions ofthis instrument insofar as they are inconsistent with the provisions ofsuch lease to the Government, shall be suspended.

4.15 AIRPORT HAZARD:

The LESSEE and its agents, servants, employees, successors and assigns, will not make or permit any use ofthe property which would interfere with landing or taking offofaircraft at the Airport, or otherwise constitute an airport hazard. This includes such items as electrical or electronic equipment, creation ofsmoke or dust or glaring or misleading lights.

4.16 NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION:

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

4.17 AERIAL APPROACHES:

LESSOR reserves the right to take any action it considers necessary to protect the aerial approaches ofthe Airport against obstruction, together with the right to prevent LESSEE from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion ofthe LESSOR, would limit the usefulness ofthe Airport or constitute a hazard to aircraft.

Page 21 of23 LEASE AGREEMENT BET\\'t;Ji.,N THE CITY OF LAREDO AND THE LAREDO NATIONAL BANK (BUILDING NO. 146) .

4.18 AIRPORT SECURITY:

LESSEE covenants and agrees that it will at all times maintain the integrity ofthe Airport Security Plan and FAR Part 107, as amended from time to time. Should LESSEE, through a negligent act ofits own, allow access to the Security Identification Display area to an unauthorized person or persons, the LESSOR should be cited a civil penalty for the LESSEE'S breach ofsecurity, LESSEE agrees to reimburse LESSOR for any monetary civil penalty which may be imposed upon LESSOR by the Federal Aviation Administration.

4.19 TIME OF ESSENCE:

Time is ofthe essence in this agreement.

4.20 PREMISES LEASED "AS IS":

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

4.21 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 ofthis Lease shall remain in full force and effect.

4.22 AGREEMENT:

This Agreement consists ofArticle I through IV and Exhibit A-I. It constitutes the entire agreement ofthe 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 ofrights or privileges shall be binding upon and the LESSOR unless expressed in writing in this Agreement.

Page 22 of23 LEASE AGREEMENT BEn.",EN THE CITY OF LAREDO AND THE LAREDO NATIONAL BANK (BUILDING NO. 146) ,.

EXECUTED on this Id day Of_q_'f-~"'--"'-~ ' 1998.

CITY OF LAREDO a municipal corporation

LESSOR: THE LAREDO NATIONAL BANK

BY: ~/.AA/~ ;:;'4-" "'- JAVIER GARZA t7 EXECUTIVE VICE-PRESIDENT

G STAVO GUEV CITY SECRETARY

APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY

BY: J!J~dJ1. ~ VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY

Page 23 of23 / I 112,31 SQUA FoorlLEAsE ...... REA 1< J I I, I .I S 85'.]4' J5· F: .1 , ' ~~~!.",·- !~gl:~8~ ~'c~J( . .._l So'I€ '0 «All I I ..... I I \>\,.A"I'~~ .~ S ON UIlP ~ 4j"lJ' ,,- ( tY • I I 0+00 ... _~ IU,JfI S4:U1..... roor 1~~.!... I'_un 1"51."\ , ~bj rF~~-1-: S 68 08'J6· C 41 -----...... --...... I I J.25' I $IIi4" ( CAlLeD 10 /JOlt =~a t~ ~ I S ,r-n' , .. t (W WAP '" 1...:--~e3 ~ I I III.JI' (}(JAil( r001 fltAct ... a I ~~S~H~ I i ~ ~~al~ !l;; I t reNCE .~~ I~ I Com.cR :l: 0 ' I . ~:~ i· r(Ne! L .. _ -.l(,- M- ti __-- 0- . C()RN£R I I ~ I CX'STM; rcNCC No. 135 , :l... I ;: ~ ~. I ~ f~ ~,I l . I I '"~ ~~:i ~R I I ~ ;.~:r£ ;g,~. ~ ~ ll~~ ~ I I S 8S'57" Ir F: . . ~ I ~-8"""'CK:O-;;OF"""C""""8-."''''''-/12.8,}' "';-0 I I - r- ON PA!TKNG LOI illt'O '..... I so.po· .• 1 seALE: 1" =60' I I -~ l=1a~~==~~=d---f: ~~ ~~ ! I ~ ~ « ;- ~~ I

I ~'~J"'" BLOCK 1 'V SUBDIVISION I'i ..I I « PLA T OF LAREDO AIRPORT ',~ II ~ i~ I~ ", I! :1 ", ~ wr"~;;~:f:;I~~;:';~,f:ff' ~I~Ii. it 'i ALSO SHOWN HCRE:ON ARE: NOT NOICATE:O ON TIIS /.fAP i:,. '(5 I :::i~ ~ I~ I~ I , ~~ IP ~ I ~i~ ~ i~1'~ ,I ~~ ~ , ~ I ~~.~ ~" n" ! il s!~ 3.6576 ACRE TRACT !, I ~liIt (159,326 SQUARE FEET) I I~ ! I ~ 8UIlClNC 147 SCT I/r I , l : 407 UAHER AVENUE liON ROO I I ~ L.. s 0~·~11fJ" 1f : TSO'~g~ ! 60pq' _, : ACRE I I .---/!fASE f.1£ THlOUCH seT 1/2" .-1' DeFleCTION N FENCE reNC,: I RONIitXJ Conr.£R. \~~~/ \,~I -;iitlt'4;;~'E ~I I !i -- SHED mI' I' ~ ~ : J 7.23' O' I ,,~ ii ~ '! ~ S : ~r :~ ~ ~ BUQ.C~C , : 144 I I' * :"~ ~ :, I ~ 'J,'6~ I : JI "'" * I, 1 I ;:I' 8.80' 8.;;: - * .!.. - 'E • 1 ~: I, I O;.X ---- ~ • ...L •• ---~ I · \0.'~.Y·"~· N 4]-50'10" W, N 87"0/'04" W . 1\ 7 145.22' SEt I t3 .. '8.27' 200..2 1- *-- -IliON ROO1/..- I - .I __~L______PAPPAS STREEL_I I """7, POSCO 60' "0& R/CHr·or-rA Y - 23' 8/8 PA VC"GNr seer/ONI,

,/a~.lt.:;;;:, E;WLY SOUTHE:m COR~R "oFBLacK ;'-.-~ ----~~I-.II: -~-~S-'lt :- - :-'V·-EJ·y·- -. ~ I 0' SUBDIVISION PLAT OF LAREDO AIRPORT ~~' REF'ERENCE POINT FOR LEGAL DESCRIPTION OF PRCPARED BY UROF A ~fJ,' rHE 3.667/1 ACRE TRACT "GOf~8 ~C;%:~"/,~f&~~i1J1NC 0 8 71 ArtDE I'J'fD rtT / STATE OF TEXAS.. £AR~~J ~%~:.~~043 .4 v fl. J fl:A V COUNTY OF "EBB: BEING A PART OF I, A.J. IIEOINA, RECISTEREO PRorESSIONAL LAND SURVEYOR liD. 3418. rtxA~ BLOCK J ~~ 1~~tg%0~~['::Df%"J/:5/A~fZglf~:;~s':luf~~g~0"n%fft:g ~::E SUBDIVISION PLA T BESrOFIIY K. OIlLEDaE AND 8Ej;!JP. THIS THE51h DAY onuLy, U~ OF LAREDO AIRPORT ....1 (;'/) '\ I :t 1'.. -I CITY OF LAREDO, WEBB COUNTY, TEXAS ,..,. ,ll. V\ trn r" RECORDED IN VOLUIIE 6. PAa&' I• . "GO A \-ICI.~Q. I c~ '2. "EB8 COUNTY PLAT RECORDS ED PRorESS/DNA£ £AND SURVEYOR No. 3U/J, rEXAS >LAreCOACH<: RE.'rE:R TO n£LO NOTCS ON S!PARA FE.' rlSTRUUlNTI MCles alltl Hounds Descriplion of a 0.4871 Acre Tract -,- being a part of Block I- Subdivision Pial of Laredo Ail1J0 rt

Being a Iract of land conraining 0.4871 acres (21,217 Square Feet), a part ofBlock I of the Subdivision Plat of Laredo Airport as per plat recorded in Volume S, Page I of the Webb Counry Plat Records, this 0.4871 acre Iract being more particularly described by metes and bounds as follows, to-wit:

COMMENCING for a tie at a lil inch diameter iron rod found on the westerly right-of-way line of Maher Avenue, this being the most easterly southeast comer of Block 6 of the Subdivision Plat of Laredo Airport as per plat recorded in Volume 5, Page 1 of the Webb County Plat Records;

THENCE North 39°51'36" East 116.36 Feet across Maher Avenue to a \i2 inch diameter iron rod set 9.72 Feet east of the easterly right-of-way line of Maher Avenue and westerly line of Block 1 of the Subdivision Plat of Laredo Airport as per plat filed of record in Volume 5, Page 1 of the Webb County Plat Records, this being the most westerly southwest corner of a 3.6576 acre tract, the northwest corner of this 0.4871 acre tract and the PLACE OF BEGINNING of this survey;

THENCE South 86°57'17" East 103.25 Feet with a southerly line of said 3.6576 acre tract and most northerly line hereof to a lil inch diameter iron rod set for an interior comer of the 3.6576 acre tract and an exterior comer of this tract;

THENCE South 03°02'43" West 17.15 Feet along a westerly line of said 3.6576 acre tract and an easterly line hereof to a \i2 inch diameter iron rod set for an exterior comer of the 3.6576 acre tract and an interior comer of this tract;

THENCE South 85°47'50' East 117.23 Feet with fence on a southerly line of said 3.6576 acre tract and a northerly line hereof to a fence corner for an interior corner of the 3.6576 acre tract and the northeast comer of this tract;

THENCE South 03°10'19" West 87.29 Feet along a westerly line of said 3.6576 acre tract, partly with an existing fence and partly with the westerly edge of Building No. 144 of the Laredo International Ail1Jort to a Ih inch diameter iron rod set on the proposed northerly right-of-way line of Pappas Street (sixty (60') foot wide right-of way) for the most southerly southwest corner of lhe 3.6576 acre tract and the southeast comer of Ihis tract;

THENCE North 87 °01'04" West 200.27 Feet wilh the proposed northerly right-of-way line of Pappas Street and the southerly line hereof to a \i2 inch diameter iron rod set at a point of deflection to the right for the most southerly southwest corner of this tract;

THENCE North 41°59'10" West 28.27 Feet along a southwesterly line hereof to a Ih inch diameter iron rod set 9.72 Feet east of the easterly right-of-way line of Maher Avenue and westerly line of Block I of the Subdivision Plat of Laredo Airport as per plat filed of record in Volume 5, Pagel of the Webb County Plat Records, this being a point of deflection to the right in the southwesterly line hereof and is the most westerly southwest comer of this tract;

THENCE North 03°02'43" East 87.06 Feet along the westerly line hereof, same being a line that is 9.72 Feet east of and parallel to the easterly right-of-way line of Maher Avenue and westerly line of Block I of Ihe Subdivision Plat of Laredo Airport as per plat filed of record in Volume 5. Page 1 of the Webb County Plat Records, to the PLACE OF BEGINNING and containing 0.4871 acres of land, more or less.

STATE OF TEXAS § COUNTY OF WEBB § I, A.J. Medina, Registered Professional Land Surveyor No. 3418, Texas, do hereby cenify that the foregoing field notes and attached map were prepared from a survey made on the ground under my supervision and are true and correct to the best ofmy knowledge and aetief. The source ofbearings used on this survey is based on iron rods fOUnd on the occupied westerly right-of-way line ofMaher Avenue and westerly line ofBlock 6 ofthe Subdivision Plat ofLaredo Airport. This the 5th day ofJuly, 1995. ,/ ~ e ma stered I:,rofessional Land Surveyor No. 3418, Texas

~"'\~~ A-I P ~~Q.. 2..o~ 2. DATE: SUBJECT: RESOLUTION NO 2008-R-039

CONFIRMING THE APPOINTMENTIREAPPOINTMENT FOR A MEMBER OF THE FIRE FIGHTERS' & POLICE OFFICERS' CIVIL SERVICE COMMISSION OF THE CITY OF LAREDO

I INITIATED BY: STAFF SOURCE: Carlos R. Villarreal, City Manager Daniel E. Migura, Jr., Human Resources Director Horacio De Leon, Jr., Asst. City Manager

I PREVIOUS COUNCIL ACTION: None.

BACKGROUND: A formal resolution confirming the appointmentheappointment, as per the Texas Local Government Code, Section 143.006 (C-I), of a member of the Civil Service Commission for a three-year term. The municipality's chief executive my reappoint a commission member to consecutive terms. A commission member may not be reappointed to more than a third consecutive term unless the member's reappointment to a fourth or subsequent consecutive term is confirmed by a two-thirds majority of all the members of the municipality's governing body. It has been recommended that reappointments be done by formal resolution. This resolution provides for the following appointment: A member to serve, as per the Texas Local Government code, section 143.006 (b), for the term of three years from May 11, 2008 to May 10, 201 I.

Term Commissioners Name Number Expiration Date

Oscar H. Garza, Jr. 1st Term May 10,2008 Ray Garner 2nd Term August 11,2009 Luis Landin 2nd Term July 18,2008

FINANCIAL IMPACT:

None.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:

NIA Approve this resolution as presented. RESOLUTION NO. 2008-R-039

CONFIRMING THE APPOINTMENTIREAPPOINTMENT OF A MEMBER FOR THE FIRE FIGHTER'S AND POLICE OFFICERS' CIVIL SERVICE COMMISSION OF THE CITY OF LAREDO.

WHEREAS, Section 143.006 of the Texas Local Government Code provides that the Fire Fighters' and Police Officers' Civil Service Commission shall consist of three members appointed by the municipality's chief executive and confirmed by the governing body of the municipality; and

WHEREAS, the City Manager, as chief executive of the City of Laredo wishes to replace one member of said commission to serve a staggered three year term with the term of one member expiring each year as required by state law, and to have this appointment confirmed by the City Council as required by state law; and

WHEREAS, the City Manager wishes to make this appointment by formal resolution and to start the process of appointment for a staggered term, by a three-year appointment for the member.

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

Section 1: It confirms the appointmentheappointment by the City Manager of Laredo to serve as a member of the Fire Fighters' and Police Officers' Civil Service Commission for the term as follows:

Term Commissioners Name Number Expiration Date

Oscar H. Gana, Jr. 1st Term May 40,2008

Luis Landin 2nd Term Julv 48,2008

Section 2: The City Secretary is directed to transmit a copy of this resolution to the said member who has been appointed and herein confirmed by the City Council. Section 3. It hereby directs that on or about the same anniversary date on each subsequent year that a resolution be brought forth to confirm the appointment for a three year term of the successor to that member whose term is about to expire.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON

THIS THE DAY OF 2008.

RAUL G. SALINAS MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM:

-RAUL CASSO ' @'CITY ATTORNEY thorizing the City Manager to execute bendment No. I to Grant Agreement 5- 19-08 CSJ No, M822LREDO with the Texas Department of Transportation under the Routine Airport lMaintemce Program; specifically, amending Attachment A - Scope of Services he amendment will add Poty Flex It1 sealant for cracks within the airfield and general ation itseas. All work described in Attachment A shalt be ~ccumplishedby August 3 1,

INITIATED BY: Jesus M. Olivares TAFF SOURCE: Jose L. Flores, Assistant City Manager Airport Manager

PREVIOUS ACTION: On October 15,2007, City Council approved Resolution No. 2007-R-080 accepting a grant with the Texas Department of Transpartation under the Routbe Airport Maintenance Program (RAMP).

The RAMP Grant will be used to purchase mnway sad taxiway paint, dectricd aitirfidd components and replacement sign panels. The State wiII s;eimburse the City 50% ofamal cost up to $50,000.00.

he expense of marking airport pavements normally covered by the Airport Operations Budget will now be Forne by the RAMP Grant. Attachment A - Scope of Services ofthe Grant is being amended to add Poly Flex 111 within the airfield and general aviation areas.

IFINANCIAL: None. COMMITTEE RECOMMENDATION: STAFF: Recommends that the City Manager be On May 6,2008, the Airport Advisory Coettee authorized to execute Amendment No. 1 to the Texas considered this item and recommended approval. . Department of Transportation under the Routine Airpori RESOLUTION NO. 2008-R-044

AUTHORIZING THE CITY MANAGER TO EXECUTE MmNIENT NO. 1 TO GRANT AGREEMENT CSJ NO. M822LREDO WITH THE TEXAS DEPARTMENT OF TRANSPORTATION UNDER THE ROUTINE AIRPORT MAINTENANCE PROGRAM; SPECIFICALLY, AMENDING ATTACHMENT A - SCOPE OF SERVICES. THE AMENDMENT WILL ADD POLY FLEX I11 SEALANT FOR CRACKS WITHIN Tm AIRFIELD AND GENERAL AVIATION AREAS. ALL WORK DESCRIBED IN ATT'ACHMENT A SHALL BE ACCOMPLISHED BY AUGUST 3 1.2008.

WHEREAS, Amendment No. 1 to Grant Agreement CSJ No. M822LREDO with the Texas Department of Transportation under the Routine Airport Maintenance Program specifically amends Attachment A - Scope of Services. The amendment will add Poly Flex I11 sealant for cracks within the airfield and general aviation areas. All work described in Attachment A shall be accomplished by August 3 1,2008; and

WEEREAS, the City Council finds it to be in the best interest of the City of Laredo, Texas, to accept Amendment No. 1 to Grant Agreement CSJ No. M822LREDO with the Texas Department of Transpcrrtation under the Routine Airport Maintenance Program.

NOW, THEREFORE, BE IT RESOLVED BY TI32 CITY COUNCL OF THE CITY OF LAREDO THAT:

The City Manager is authorized to execute Amendment No. 1 to Grant Agreement CSJ No. M822LREDO with the Texas Department of Transportation under the Routine Airport Maintenance Program; and

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

RAUL G. SALINAS MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY AMENDMENT NO. 1 -- TX DOT RAMP GRANT FYOS

APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

BY: VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY

Page 2 of 2 COUNCIL COMMUNICATION DATE: SUBJECT: RESOLUTION NO. 2008-R-045 Authorizing the City Manager to submit a grant application to the Federal Aviatio~ 5- 19-08 Administration in the amount of $2,000,000.00 for airport noise mitigation under FA1 PART 150 Noise Abatement Program at the Laredo International Airport. The City's fivr (5%) percent local land Match in the amount of $105,263.16 is available through the lanc purchased in FY2006 (Rash Tract). [NITIATED BY: Jesus M. Olivares STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Manager PREVIOUS ACTION: City Council has previously accepted grants from the Federal Aviation

BACKGROUND: 2.S. Congressman the Honorable Henry Cuellar announced that the Federal Aviation Administration has ipproved a $2,000,000.00 Airport Improvement Program Grant for the Laredo International Aisport to help nitigate airport noise in certain designated areas abutting the Laredo International Airport. The grant is comprised of $2,000,000.00 in Discretionary funds: Laredo competes with the rest of the :ountry for Discretionaiy Funds. The monies will be used to continue with the implementation of airpost noise mitigation measures which neasures are voluntary to the property owners, the property owners get to chose. The measures consist of o Fee simple acquisition, or o Noise insulation of the residence, in exchange of an avigation easement, or o Acquisition of avigation easement.

Spproximately 200 residents will be positively impacted by this grant. rhis grant for sound mitigation marks the 10th Noise Mitigation grant since inception of federal funding ir ,998 for Laredo's noise mitigation. Since 1998 the City of Laredo has invested $2,5 13,172.00 and the 7ederal Aviation Administration has provided an additional $28,939,432.00 for a grand total of ;3 1,453,172.00 to help mitigate airport noise. t is important for the City of Laredo and the Federal Aviation Administration to continue to invest to nitigate airport noise and be good neighbors to neighborhoods located on arrival and departure patterns. The latest airport noise study for our airport suggests that it will require an investment in excess of $100.0 nillion to mitigate the current noise exposure areas.

Amended Proposed Amended Account No. Adjustment Budget Budget FAA Grant No. 52 Revenues: FAA Grant# 3-48-0136-52-08 433-0000-322-2067 $2,000,000 $2,000,000 Expenses: Reserve Appropriation 433-3683-564-9900 $2,000,000 $2,000,000 WCOMMENDATION: STAFF: That the City Manager be authorized to submit the In May 6,2008 the Airport Advisory grant application. :ommittee recommended approval. RESOLUTION NO. 2008-R-045

AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE FEDERAL AVIATION ADMINISTRATION IN THE AMOUNT OF $2,000.000.00 FOR AIRPORT NOISE MITIGATION UNDER FAR PART 150 NOISE ABATEMENT PROGRAM AT THE LAREDO INTERNATIONAL AIRPORT. THEi CITY'S FIVE (5%) PERCENT LOCAL LAND MATCH IN THE, AMOUNT OF $105.263 10 IS AVAILABLE THROUGH THE LAND PURCHASED IN FY2006 (RASH TRACT)

WHEREAS, the Federal Aviation Administration is making a grant offer to the City of Laredo under the Airport Improvement Program being Grant Project No. 3-48-0136-52-08 in the amount of $2,000,000.00 for airport noise mitigation under FAR Part 150 Noise Abatement Program at the Laredo International Airport; and

WHEREAS, the City's five (5%) percent local match in the amount of $105,263.16 is available through the land purchased in FY2006 (Rash Tract); and

WHEREAS, the City Council finds it to be in the best interest of the City of Laredo, Texas, to accept the grant in the amount of $2,000,000.00 and to match the grant in the amount of $1 05,263.16.

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

Section 1: The City of Laredo hereby accepts the provisions of the Federal Aviation Administration grant known as Project No. 3-48-0136-52-08; and

Section 2: The City of Laredo is appropriating its five (5%) percent Local Match for said project in the amount of $105,263.16 through the land purchased in FY2006 (Rash Tract).

Section 3: The City Manager is hereby authorized and directed to submit a grant application and to execute the grant agreement with the Federal Aviation Administration.

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

RAUL G. SALINAS MAYOR FAA ALP GRANT PROJECT NO. 3-48-0136-52-08

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

BY: VAL,ERIA M ACEVEDO ASSISTANT CITY ATTORNEY

Page 2 of 2 COUNCIL COMMUNICATION

INITIATED BY: STAFF SOURCE: Cynthia Collazo Ronnie Acosta Deputy City Manager CD Director

PREVIOUS COUNCIL ACTION: On February 19,2008, the City Council passed a motion directing the City Manager to conduct negotiations with Mr. Daniel Wyers for the donation of the above-referenced tract. BACKGROUND:

On May 1,2008, Mr. J. 0. Alvarez, President of North House Inc., a Texas Corporation, executed a Wasranty Deed conveying to the City of Laredo, a parcel of land legally described as: Lot No. 104, Block No. 4, University Park Subdivision.

Said parcel was conveyed to the City of Laredo for general purpose use.

That being the case, it is in the best interest of the City of Laredo to accept the above-referenced land parcel, as described in attached Exhibit A.

FINANCIAL IMPACT: Acc~.99 1-0000-16 1 -0000

COMMITTEE RECOMMENDATION: I STAFF RECOMMENDATION: NIA Staff recommends approval of the Resolution. RESOLUTION NO. 2008-R-046

ACCEPTING THE DONATION OF THE 'SURFACE ONLY" OF ONE (1) PARCEL OF LAND FROM NORTH HOUSE PROPERTIES, LTD., FOR GENERAL PURPOSE USE BY THE CITY OF LAREDO. SAID PARCEL BEING LOT NO. 104, BLOCK NO. 4, UNIVERSITY PARK SUBDIVISION, PHASE 5, AS PER PLAT RECORDED IN VOLUME 20, PAGE 28, WEBB COUNTY PLAT RECORDS, AND DESCRIBED IN ATTACHED EXHIBIT A.

WHEREAS, on May 1,2008, Mr. J. 0. Alvarez, President of North House Inc., a Texas Corporation, executed a Warranty Deed conveying to the City of Laredo, a parcel of land legally described as: Lot No. 104, Block No. 4, University Park Subdivision; and

WHEREAS, said parcel was conveyed to the City of Laredo for general purpose use; and

WHEREAS, that being the case, it is in the best interest of the City of Laredo to accept the above-referenced land parcel, as described in attached Exhibit A.

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

A. It hereby accepts the donation of one (1) parcel of land from North House Properties, Ltd., for general purpose use by the City of Laredo. Said parcel being Lot No. 104, Block No. 4, University Park Subdivision, Phase 5, as per plat recorded in Volume 20, Page 28, Webb County Plat Records, and described in attached Exhibit A.

B. This Resolution shall become effective upon passage thereof.

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

RAUL G. SALINAS MAYOR

ATTEST:

GUSTAVO GUEVARA, JR CITY SECRETARY

APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

By: ANTHONY C. McGETTRICK ASST. CITY ATTORNEY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER

WARRANTY DEED 191%~ date:^^ / ,2008

Grantor: NORTH HOUSE PROPERTIES LTD., A Texas limited partnership

Grantor's Mailing Address (including county): P.O. Box 450050 Laredo, Webb County, Texas 78041

Grantee: CITY OF LAREDO, a municipal corporation

Grantee's Mailing Address (including county): 11 10 Houston Laredo, Webb County, Texas 78040

Consideration: The sum of Ten and No11 00 ($10.00) Dollars, and other valuable consideration to the undersigned in hand paid to Grantor by the Grantee herein named, the receipt of which is hereby acknowledged.

Property (including any improvements):

Situated in Webb County, Texas, and being the Surface Only of Lot Number ONE HUNDRED AND FOUR (1 04), BlockNumber FOUR (4), UNIVERSITY PARK SUBDIVISION PHASE 5, a subdivision in the City of Laredo, as per Plat recorded in Volume 20, Page 28, Webb County Plat Records

Reservations from and Exceptions to Conveyance and Warranty:

Any and all restrictions, encumbrances, oil and gas leases, easements, covenants and conditions, if any, relating to the herein-above described real property as the same are filed for record in the County Clerk's Office of Webb County, Texas.

Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, has GRANTED, SOLD AND CONVEYED, and by these presents does hereby GRANT, SELL, AND CONVEY to Grantee the herein-above described real property, and any improvements located thereon, together with all and singular the rights and appurtenances thereto in any wise belonging, TO HAVE AND TO HOLD it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor does hereby bind Grantor and Grantor's heirs, executors, administrators, successors and/or assigns to WARRANT AND FOREVER DEFEND all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty.

When the context requires, singular nouns and pronouns include the plural.

NORTH HOUSE PROPERTIES LTD. a Texas limited partnership

By: North House Inc.,

STATE OF TEXAS 3

COUNTY OF WEBB §

This instrument was acknowledged before me on this the J.O. Alvarez, President of North House Inc., a Texas corporation, general partner of NORTH HOUSE PROPERTIES LTD., a Texas limited partnership, on behalf of said limited partnership.

Notary %lit, in and for st& of Texas.

After recording return to

' Ms. Ronnie Acosta CD Director P.O. Box 1276 Laredo, Texas 78042-1276

ref. north house 4-23-2008 amcg COUNCIL COMMUNICATION DATE: SUBJECT: RESOLUTION NO. 2008-R- 047 Authorizing the City Manager to submit a grant application to the Federal 5- 19-08 Aviation Administration for Entitlement Funds in the amount of $900,000.00 to acquire Runway Protection Zone parcel to Runway 35L, contract for A&E professional services to prepare plans and specifications to rehabilitate General Aviation Apron Phases 5 and 6, upgrade passenger terminal automation and security access systems, and seal coat portion of Runway 17Rl35L. The City's five (5%) percent local land Match in the amount of $47,369.00 is available through the land purchased in FY2006 (Rash Tract).

INITIATED BY: Jesus M. Olivares STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Manager

I PREVIOUS COUNCIL ACTION: City Council has approved submittal of previous Federal Aviation Administration Grant Applications.

BACKGROUND:

The Federal Aviation Administration Entitlement Funds in the amount of $900,000.00 will allow the following at the Laredo International Airport. o Acquire Runway Protection Zone parcel to Runway 35L, 0 Contract for A&E professional services to prepare plans and specifications to rehabilitate General Aviation Apron Phases 5 and 6, and Contract for A&E professional services to prepare plans and specifications to update passenger terminal automation and security access systems. o Seal coat portion of Runway 17R135L

The passenger terminal is ten (10) years old and building automation components in many cases are obsolete and expensive to maintain. Upgrading the security automation components will serve to enhance airport security.

FINANCIAL IMPACT: Upon grant award funds will be accounted for in Airport Construction Fund.

COlVlMlTTEE RECOMMENDATION: STAFF RECOMMENDATION: On May 6, 2008, the Airport Advisory Committee recommended approval. Passage of this resolution. RESOLUTION NO. 2008-R-047

ATJTRORIZIFJG 71IE CITY MANAGEI? TO SUBMIT A GRANT APPLICATION TO THE FEDERAL AVIATION ADMINISTRATION IN THE AMOUNT OF $900.000.00 TO ACQUIRE RUNWAY PROTECTION ZONE PARCEL TO RUNWAY 35L, CONTRACT FOR A&E PROFESSIONAL SERVICES TO PREPARE PLANS AND SPECIFICATIONS TO REHABILITATE GENERAL AVIATION APRON PHASES 5 AND 6, UPGRADE PASSENGER TERMINAL AUTOMATION AND SECURITY ACCESS SYSTEM, AND SEAL COAT PORTION OF RUNWAY 17W35L. THE CITY'S FIVE PERCENT (5%) LOCAL LAND MATCH IN 71IE AMOUNT OF $47,368.00 IS AVAILABLE THROUGH TEE LAND PURCHASED IN FY 2006 (RASH TRACT).

WHEREAS, the Federal Aviation Administration is making a grant offer to the City of Laredo under the Airport Improvement Program being Grant Project No. 3-48-0136-53-08 in the amount of $900,000.00 to acquire runway protection zone parcel to Runway 35L, contract for A&E professional services to prepare plans and specifications to rehabilitate General Aviation Apron Phases 5 and 6, upgrade passenger terminal automation and security access systems, and seal cost portion of Runway 17W35L at the Laredo International Airport; and

WHEREAS, the City's five (5%) percent local match in the amount of $47,369.00 is available through the land purchased in FY2004 (Rash Tract); and

WHEREAS, the City Council finds it to be in the best interest of the City of Laredo, Texas, to accept the grant in the amount of $900,000.00. and to match the grant in the amount of $47,369.00.

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

Section 1: The City of Laredo hereby accepts the provisions of the Federal Aviation Administration grant known as Project No. 3-48-0 136-53-08; and

Section 2: The City of Laredo is appropriating its five (5%) percent Local Match for said project in the amount of $47,369.00 though the land purchased in FY2006 (Rash Tract).

Section 3: The City Manager is hereby authorized and directed to submit a grant application and to execute the grant agreement with the Federal Aviation Administration. FAA ALP GRANT PROJECT NO. 3-48-0136-53-08

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

RAUL G. SALINAS MAYOR

ATTEST:

GUSTAVO GLEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

VALERIA M ACEVEDO ASSISTANT CITY ATTORNEY

Page 2 of 2 COUNCIL COMMUNICATION DATE: SUBJECT: Resolution #2008-R-048

05 /I9 12008 Authorizing the City Manager to submit a grant application to the Target Corporation in the amount of $2,000 for promotional supplies. The grant is to be funded under the Target and Blue Law Enforcement Program for the period of October 01, 2008 through September 30, 2009 at no cost to the city.

INITIATED BY: STAFF SOURCE: Cynthia Collazo Gilbert Navarro ~e~ut~City Manager Acting Chief of Police PREVIOUS COUNCIL ACTION: None

ACTION PROPOSED: That City Council approved this Resolution

BACKGROUND: The Target Corporation provides law enforcement grants to agencies serving a community in which a Target store or distribution center operates. The Target & Blue Law Enforcement Grant Program focuses on five areas: Crime Prevention, Training and Education, Community Outreach IYouth Mentorship, Preparedness, and Organized Retail Crime.

FINANCIAL:

Target Corporation Grant $2.000

Total Grant Amount $2,000 - RECOMMENDATION: STAFF: Recommends that Council approve this resolution. RESOLUTION #2008-R-048

Authorizing the City Manager to submit a grant application to the Target Corporation in the amount of $2,000 for promotional supplies. The grant is to be funded under the Target and Blue Law Enforcement Program for the period of October 0'1,2008 through September 30,2009 at no cost to the city.

Whereas, the Target Corporation will provide a law enforcement grant under its Target and Blue Law Enforcement Grant Program; and

Whereas, this grant will pay for $2,000 of promotional supplies for community awareness for the Laredo Police Dept.; and

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

Section I:It authorizes the City Manager to apply for a grant in the amount of $2,000 funded by the Target Corporation under its Target and Blue Law Enforcement Grant Program. This grant will be used for promotional supplies to promote community awareness for the period of October 1, 2008 through September 30, 2009.

Section 2: It authorizes the City Manager to execute all necessary documents to obtain said grant and to effectuate its terms.

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

RAUL SALINAS MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. ClTY SECRETARY

APPROVED AS TO FORM:

RAUL CASSO ClTY ATTORNEY COUNCIL COMMUNICATION

DATE: SUBJECT: RESOLUTION 2008-R-049 0511 9/08 Supporting and adopting the updated 2008 City of Laredo Parks and Leisure Parks and Open Space Master Plan to serve as a standard and guideline for the development of future park areas and the improvement of existing facilities to provide quality recreation to all citizens of Laredo.

INITIATED BY: STAFF SOURCE: Jesus Olivares Miguel A. Pescador Asst. City Manager I Parks and Recreation Director I PREVIOUS COUNCIL ACTION: On September 5, 2006 the City Council awarded a professional services contract to Pemberton Professional Services LLC, a consulting firm to update the current Parks Master Plan.

BACKGROUND:

Our current Parks Master Plan was last revised in 2001 by Carter Burgess Inc.

The firm of Pemberton Professional Services LLC. was awarded a professional services contract on September 2006 to amend the current Master Plan by assessing the community's recreational needs and prioritizing those results garnered through a city-wide citizen's survey and prioritizing the city's needs by council district.

The Master Plan offers a comparison between the City's locally adopted park facilities and the National Recreation and Park Association standards and provides for the planning and locating of future parks in the city's faster growth ETJ areas that can be used as a tool along with the newly adopted parkland dedication ordinance.

The updating of our current Master Plan was also required to comply with new Texas Parks and Wildlife Master Plan standards to facilitate the approval of grant applications at the state level.

FINANCIAL IMPACT: None

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Both Parks Advisory Board and Planning and Staff recommends approval. Zoning recommended approval. RESOLUTION 2008-R-049

Supporting and adopting the updated 2008 City of Laredo Parks and Leisure Parks and Open Space Master Plan to serve as a standard and guideline for the development of future park areas and the improvement of existing facilities to provide quality recreation to all citizens of Laredo.

WHEREAS, the City of Laredo, Parks and Leisure Department strives to improve the quality of life for the citizens of Laredo and all park visitors; and

WHEREAS, the 2008 Parks and Open Space Master Plan update is a ten year plan for the future development of park facilities through a prioritization process developed through a city-wide needs assessment and public input; and

WHEREAS; the 2008 Parks and Open Space Master Plan update is a necessary tool for the submittal of grant applications to Texas Parks and Wildlife Department to improve grant opportunities for the development of park facilities; and

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

1. The City of Laredo City Council supports and adopts the updated 2008 City of Laredo Parks and Leisure Parks and Open Space Master Plan to serve as a standard and guideline for the development of future park areas and the improvement of existing facilities to provide quality recreation to all citizens of Laredo.

2. This resolution shall become effective upon passage thereof.

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

ELIZABETH G. FLORES MAYOR

ATTEST: APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

BY: GUSTAVO GUEVARA JR. KRISTINA HALE CITY SECREATRY ASSISTANT CITY ATTORNEY 5/ 19/08 Motion to re-designate $100,000 that were previously authorized for the Animal Shelter from the following districts toward Industrial Park Street Improvements:

District 1 $10,000 District 4 $ 5,000 District 7 $10,000 District 2 $50,000 District 5 $10,000 District 3 $10,000 Distriet 6 $ 5,000

Horacio De Leon, Assistant City Manager Rosario C. Cabello, Finance Director , PREVIOUS COUNCIL ACTION: City Council designated $100,000 toward the Animal Shelter capital improvements on September 17,2007,

In order to fund the capital improvements at the Animal Shelter, monies will be used from the Capital Improvement Fund. Discretionay Funds in the 2007 Certificate of Obligations Bond will replace the funding necessary for the industrial park improvement projects.

PACT: None. Transfer of funds will be processed to fund the industrial park improvement projects in the 2007 Certificate of Obligation Fund. Transfer of funds will be processed in the Capital Improvements Fund to fund the Animal Shelter Project.

Approval of Motion. COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION Amending the contract with the Laredo Animal Protective Society to provide for an 511 9/2OO8 additional $100,000 in funding for capital improvements to the Animal Shelter and up to $12,000 as supported through the City of Laredo Health Department's collection of vacunas. Funding is available in the Capital Improvements Fund. I INITIATED BY: STAFF SOURCE: Horacio De Leon Ronnie Acosta Assistant City Manager CD Director

PREVIOUS COUNCIL ACTION: 11/19/07 - Council authorized the City Manager to execute a Fiscal Year 2008 Third Party Funding contract with the Laredo Animal Protective Society providing $300,000 for shelter operations funded through the General Fund.

BACKGROUND: The Laredo Animal Protective Society (LAPS) provides a much needed service in the community related tc the care, safety, and impoundment of homeless animals and the quarantine of animals deemed to be a threat tc the population. As such, Laredo's City Council at the meeting of September 17,2007 deemed it appropriate tc 3ward $300,000 to LAPS to offset operational costs of the animal shelter and to provide an additional $100,00C for on-site capital improvements. It was previously reported that the award of capital improvements would be xought forth at a later date once the capital improvements were agreed upon. Proposed improvements include :he construction and improvements to the various kennels, the triage room, quarantine areas, administrative and sutdoor public spaces, as well as security lighting and security systems.

Funding for these capital improvements was to come from Council Member Discretionary funding, ;pecifically $10,000 from Dist. I, $50,000 from Dist. 11, $10,000 from Dist. 111, $5,000 from Dist. IV, $10,000 from Dist. V, $5,000 from Dist. VI, and $10,000 from Dist. VII; however, bond counsel has jetermined that this is not an eligible use of funds. The funding for these improvements will be Capital [mprovements Fund.

[n addition, payment of vacunas of $2.00 each will be made to the Animal Shelter as supported through the :ollection of vacunas by the Health Department in an amount not to exceed $12,000 for Fiscal Year 2007-2008.

FINANCIAL IMPACT: Funding is available in the Capital Improvements Fund. A budget transfer will be required fkom the Restricted Reserve Account.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That this motion be passed. AMENDMENT OF CONTRACT between CITY OF LAREDO and LAREDO ANIMAL PROTECTIVE SOCIETY

This contract dated September 17, 2007, relating to the funding in the amount of $300,000.00 which were approved by City Council to fund the Laredo Animal Protective Society amended to change the amount of funding to include $2.00 from the Laredo Health Department collection of Vacunas. Amount will depend on what was collected per quarter but not to exceed $12,000.00 per year.

This amendment in funding will also include $100,000.00 for Capitol Improvements which was approved by City Council at the September 17,2007 meeting.

1. Section 4, of the contract is amended to read as follows:

Section 4: CONSIDERATION Sub-iect to compliance with the terms of this contract, the Citv agrees to pay not more than $300,000.00 for services provided by the Organization during the term of this contract as follows: For services rendered, the City shall pay the Organization the amount of $25,000.00 per month, or that amount actually billed the City by the Organization for the month in question whichever is less. If the Organization should bill less than $25,000.00 for any one month, the difference in amounts may accumulate. The Organization may bill the Citv for services rendered for that month, and additional accumulated amounts in order for the full contract amount to be realized so long as such billings are for services rendered.

The City also agrees to pay $2.00 from the Laredo Health Department collection of the Vacunas which will be used in support of the Animal Shelter's third party contract and to be paid quarterly. Amount will depend on what was collected per quarter, but not exceed $12,000.00 per year. (see Ordinance No. 2006-0-238)

The City also agrees to pay $100,000.00 which will be used in support of the Animal Shelter's third party contract and to be paid towards Capital Improvements of the Shelter's facility.

2. Section 22, of the contract is amended to read as follows:

Section 22: CONTRACT AMENDMENT In consideration with the Capital Improvement Plan submitted to City Manager and in support from the Laredo Health Department will include the following improvements to the facility: PUPPY PALACE Demo and removal of approximately 1,720 square feet of concrete slab, existing cyclone fencing partitions and CMU shelters. Construct new dog kennels in accordance with standards set by the Humane Society of the United States (animalsheltering.ora).

Individual dog kennels will be a minimum of 4'Xl2'. Each kennel will have a guillotine door or "transfer door" to allow animals to pass from one side of the run to another for the purpose of cleaningldisinfectina. The area behind the guillotine door will be a "holding area" for the animal during cleaning of the kennel and to measure no smaller than 4'X4'. These separation gates also separate the staff side of the kennels from the public side. The separation gates or Guillotine doors will be made of high density poly- ethylene (HDPE) or Plexiglass (112" thick) and be water tightlinsulated. A rust-proof latching mechanism will be installed in order to keep the door in an "open" position whenever necessary.

Floorinn & Walls For sanitation and durability reasons, a built-up epoxy flooring consisting of three layers: the first layer is a trowelled down rock and sand based grout, an epoxy coating is placed over the grout and finished off with a urethane sealer. The epoxy flooring will extend 2' up the walls. Kennels will have a gradual slope so as to allow for urine and waste to pass easily toward both kennel drains and away from the animal.

Walls will be CMU and a minimum of 4' high in the perimeter and 4' high in partitions between kennels in order to prevent nose-to-nose contact between the animals. Walls will be covered with a chemical based epoxy coating.

Four feet of heavy gauge cyclone fencing will be installed around the perimeter and between kennels atop partition walls to create a total height of eight feet. .

Plumbinn & Drninnge For code compliance (TX Health & Safety Code) and for cleaning and waste management, each kennel will be served by separatelindividual drains. Drains will have a baked-on enamel finish to withstand power washing and be acid resistant. Double screens in the drains are required for the filtering out of large objects and to prevent pipes from clogging. Drains will be located in each kennel and will be located toward the rear of the kennel near the guillotine door. Drains will also be placed in the holding area behind the guillotine door. Each kennel will have individual self-priming drains to prevent sewer gas from rising into the kennels. Six (6") inch drain pipes are required to service the entire area so as to facilitate the removal of waste and help keep the system from clopging.

One commercial service flushing sink (such as American Standard "Service Clinic Sink") will be located in the "service alley", which allows for quick, easy and sanitary solid waste disposal. Kennels will be fitted with stainless steel brackets with locking stainless steel slides to hold stainless steel water receptacles.

Pedestrian walkways surrounding the kennels will be ADA compliant and measure at least 4' wide. A "service alley" will be constructed to allow for staff to access the rear holding area of the kennels. Kennels will be situated so as to promote visibility of animals to pedestrianslpublic.

VALERO KENNELS Demo and remove approximately 2,349 square feet of concrete slab and existing fencing and metal partitions. Construct new dog kennels in accordance with standards set by the Humane Society of the United States (animalshe1tering.org).

Individual dog kennels will be a minimum of 8'X12'. Each kennel will have a guillotine door or "transfer door" to allow animals to pass from one side of the run to another for the purpose of cleaninrrjdisinfectinn. The area behind the guillotine door will be a "holding area" for the animal during cleaning of the kennel and is to measure no smaller than 8'X4'. These separation gates will also separate the staff side of the kennels from the public side. The separation gates or Guillotine doors will be made of high density poly-ethylene (HDPE) or Plexiglass (112" thick) and be water tightlinsulated. A rust- proof latching mechanism will be installed in order to keep the door in an "open" position whenever necessary.

Flooring & Walls For sanitation and durability reasons, a built-up epoxy flooring consisting of three layers: the first layer is a trowelled down rock and sand based grout, an epoxy coating is placed over the grout and finished off with a urethane sealer. The epoxy flooring will extend 2' up the walls. Kennels will have a gradual slope so as to allow for urine and waste to pass easily toward both kennel drains and away from the animal.

Four feet of heavy gauge cyclone fencing will be installed around the perimeter and between kennels atop partition walls to create a total height of eight feet.

Plumbing & Drainage For code compliance (TX Health & Safety Code) and for cleaning and waste management, each kennel will be served by separatelindividual drains. Drains will have a baked-on enamel finish to withstand power washing and be acid resistant. Double screens in the drains are required for the filtering out of large obiects and to prevent pipes from clogging. Drains will be located in each kennel and will be located toward the rear of the kennel near the guillotine door. Drains will also be placed in the holding area behind the guillotine door. Each kennel will have individual self-priming drains to prevent sewer gas from rising into the kennels. Six (6") inch drain pipes are required to service the entire area so as to facilitate the removal of waste and help keep the system from clogging.

One commercial service flushing sink (such as American Standard "Service Clinic Sink") will be located in the "service alley", which allows for quick, easy and sanitary solid waste disposal.

Kennels will be fitted with stainless steel brackets with locking stainless steel slides to hold stainless steel water receptacles.

Lighting & Ceiling Fans Ceiling fans intended for outdoor use will be installed for everv six consecutive kennels and eco-friendly lighting will be installed every feet. Motion activated security light in^ will be installed on each end of the Valero area.

WILD ANIMAL AREA Install approximately 480 square feet of concrete slab topped with epoxy flooring and sloped toward center drain. The drain will have a baked-on enamel finish to withstand power washing and be acid resistant. A double screen in the drain is required for the filtering out of large objects and to prevent pipes from clogging. Six (6") inch drain pipes are required to service this area so as to facilitate the removal of waste and help keep the system from clogging. Run plumbing to and install an oversized stainless steel flushing sink to serve as a wash station. Install a first-aid station.

Lidting Install motion sensor/security lighting at the entrance to the Wild Animal area and sufficient task lighting over wild animal cages as this is a receiving and holding area that requires access day and night.

Wild Animal Cages Purchase and install stainless steel cages on casters. Cages measure approximately 24" X 30" ea. and are available in stacked units. (Shor-Line manufactures 8' wide cat condo). Cages will have card holders (Shor-Line item #912.0200.05 Large Cage Valet) and will line all three walls of this open area. Cages will not reach more than three cages high.

Leyendecker Kennels High pressure wash and resurface floors and walls of kennels. "Rub & patch" floor to include all damaged, pitted and cracked areas where dirt and disease collect. Install epoxy flooring as per manufacturers recommendations to ensure proper adhesion. Epoxy paint all walls. Install guillotine or transfer doors utilizing same guidelines as Pup-py Palace and Valero (see above).

Tringe Room Install two stainless steel examination tables Install a standard refrigerator for medications Shor-line cages on casters along walls Seal ceramic tile floor

Lunch/Brenk Room Install new eco-friendly sub-flooring and eco-friendly flooring such as bamboo. Install standard sized refrigerator. Install ceiling fan with light. Clean entire interior and install eco-friendly paint throughout room. Install air conditioning unit appropriate for this smaller sized room. Install wall mounted stainless steel arm for television.

Patio/Outdoor Lunch Aren This area is utilized by volunteers and visitors. Install an outdoor ceiling fan with a light. High pressure wash brick walls surrounding the immediate area.

Adoption Center Remove storage shelving and all items/improvements within in order to clean entire room and ceiling and install eco-friendly paint throughout room and ceiling. High pressure wash floors and patch and fill floor and walls. Install eco-friendly laminated flooring and eco-friendly task lighting throughout the room. Install open locker style cabinetry for volunteers' personal belongings along the wall closest to the entrance. Install wall- mounted shelving measuring 6' long and 12 inches deep along upper portion of interior wall. Replace door and locking mechanism.

Security Lighting Install motion sensored security lighting to illuminate the public parking area as well as the fenced interior parking area. Install motion sensored lighting to illuminate the Animal Control docking area, the Bully Breeds area, the Canine Quarantine Area, the Euthanasia Room, the Common Public Area and the Main Public Entrance. Install timerlmanually controlled lighting to illuminate the public parking area, the Main Public Entrance, the Quarantine Area and the Common Public Area.

Lost & FoundZReceiving Aren (currently designnted as "M" kennels) & Bully Breed A> A> Construct new dog kennels in accordance with standards set by the Humane Society of the United States (animalsheltering.ora) and the Texas ~ealth-andSafety Code.

Demo and remove concrete slab and existing cyclone fencing partitions. Construct kennels to connect with currently existing "City Kennels". Individual dog kennels will be a minimum of S'X12'. Each kennel will have a guillotine door or "transfer door" to allow animals to pass from one side of the run to another for the purpose of cleaninddisinfecting. The area behind the guillotine door will be a "holding area" for the animal during cleaning of the kennel and will measure no smaller than S'X4'. These separation gates also separate the staff side of the kennels from the public side. The separation gates or Guillotine doors will be made of high density poly- ethylene (HDPE) or Plexiglass (112" thick) and be water tightlinsulated. A rust-proof latching mechanism will be installed in order to keep the door in an "open" position whenever necessary.

Plumbing & Dminuge For code compliance (TX Health & Safety Code) and for cleaning and waste management, each kennel will be served by separatelindividual drains. Drains will have a baked-on enamel finish to withstand power washing and be acid resistant. Double screens in the drains are required for the filtering out of large objects and to prevent pipes from clogging. Drains will be located in each kennel and will be located toward the rear of the kennel near the guillotine door. Drains will also be placed in the holding area behind the guillotine door. Each kennel will have individual self-priming drains to prevent sewer gas from rising into the kennels. Six (6") inch drain pipes are required to service the entire area so as to facilitate the removal of waste and help keep the system from clogging.

One commercial service flushing sink (such as American Standard "Service Clinic Sink") will be located in the "service alley", which allows for quick, easy and sanitary solid waste disposal.

Kennels will be fitted with stainless steel brackets with locking stainless steel slides to hold stainless steel water receptacles.

Lighting & Ceiling Funs Ceiling fans intended for outdoor use will be installed for every six consecutive kennels and eco-friendly lighting will be installed every feet. Motion activated security lighting will be installed on each end of the Valero area.

Video Monitor Install camera systems for security purposes for viewing of activities in the public parking area, the Animal Control docking area, inside the Euthanasia room, the Canine Quarantine area, the City Kennels, the shelter offices (timeclock area & front desk) and the Bully Breeds area. Install camera systems for security purposes for viewing of activities in overseeing outdoor common area and the one area where controlled substances are stored. Fence Repair perimeter fence along the eastern side of the property.

Sign age Directional Signage in English and Spanish throughout the shelter. Signa weather proof and legible from a distance of eight feet. It shall read in both English and Spanish and will designate the following areas: AdoptionfVolunteer Center Staff Only Lost & Found Exit (4) Hand Washin~Stations (4)

Canine Quarantine Area Resurface and epoxy Ceiling fans (as per State inspection) Lighting Security cameras *hand washing stations to encourage employees to wash frequently *Pure11 sanitizing stations throughout for public to encourage use between handling of animals *Additional bathroom with shower and first-aid station for emplovees in the back who handle wild animals and dangerous dogs. Currently, employees and public share restrooms (one for men and one for women inside office area)

Feline Quarantine Area Currently, newly received cats that are being delivered by Animal Control are placed in the same area as quarantined cats. This has caused problems with identification.

Dangerous Dogs /Bully Breeds Area for those bully breeds that are lostlstray and must be housed for the minimum three days will be designated. These kennels will be included in or near the LostIReceiving Area but will be constructed so as to prevent the public from passing hands or fingers through the kennel walls and fencing.

Grassy Area / Common Area Demo and remove single concrete kennel and fencing located within the common public area.

NOTES

*Please note that all light fixtures will be gasketed and waterproofed. *All lighting will be eco-friendly "Contractor shall legally dispose of all demo spoils in an environmentally friendly and safe manner. In all other respects the contract of September 17,2007 is unchanged.

Signed, in triplicate originals, on the day of May 2008.

LAREDO ANIMAL PROTECTIVE SOCIETY

BY: BY: Carlos Villarreal, City Manager Board Chair

APPROVED AS TO FORM A TTESTED:

Raul Casso, City Attorney

BY: BY: Valeria Acevedo Gustavo Guevara, Assistant City Attorney City Secretary COUNCIL CO

DATE: SUBJECT: MOTION Providing that the motion approved by City Council on March 10,2008 which 511 912008 authorized that FY 2007 -2008 Third PMy funding for the Webb County Community Action Agency's (CAA) Meals on Wheels Program be increased by $12,000 be amended to provide that the $12,000 increase be divided equally between CAA's Elderly Nutrition Program and the Meals on Wheels Program.

INITIATED BY: STAFF SOURCE: Cynthia Collazo Ronnie Acosta Deputy City Manager CD Director

PmVIOUS COUNCIL ACTION: 311012008 - Council authorized that the award of Third Party Funding to the Webb County Comm~ty Action Agency's Meals on Wheels Program be increased by $12,000.

BACKGROUND:

The Third Party funding Advisory Committee recommended and City Council approved the award of $6,500 each for Webb County's Community Action Agency's Elderly Nutrition Program and the Meals on Wee1 Program for FY 207-2008. With this change each program would receive a total of $12,500 in Third Party Assistance.

FINmCIAL IMPACT: Funding is available in the following account in General Fund: CAA - Elderly Nutrition 101-3010-543-5444 CAA - Meals-on-Wheels 101-30 10-543-5445

A transfer of funds in the amount of $6,500.00 will be required from CAA - Meals-on-Wheels account to the CAA - Elderly Nutrition Account.

STAFF RECO NDATION: That this motion be passed. COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION Consideration for approval of change order no. 3 a decrease of $6,460.00 for the balance 0511 9/08 of quantities actually constructed in place, acceptance of the Bristol Road Drainage Improvement and approval of final payment in the amount of $97,385.00 to SER Construction Partners, Pasadena, Texas. Final construction contract amount is $470,260.00. Funding is available in the 2005 CO Bond and the 32ndAction Year for Community Development.

I INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, P.E., City Manager City Engineer PREVIOUS COUNCIL ACTION: On September 10,2007, City Council approved to award a construction contract to the lowest bidder SER Construction Partners, Pasadena, Texas, in the bid amount of $454,875.00 for the Bristol Road Drainage Improvements. BACKGROUND: The original project consisted of the reconstruction of a drainage culvert, channel improvements, road improvements, storm water pollution prevention plan, utility adjustments, and sanitary sewer improvements.

Plans and specifications were prepared by Puig Engineering, LLC., Laredo, Texas.

This change order no. 3 is for the balance of quantities actually constructed in place.

Original construction contract amount...... $454,875 .OO (Approved by City Council on September 10,2007) Change order no. 1 ...... $ 18,725.00 (Approved by City Manager on November 14,2007) To accommodate design changes as directed by Utilities Department and to add 10 working days to the construction contract time. Change order no. 2...... $ 3,120.00 (Approved by City Manager on December 1 I, 2007) 16" steel casing for water line. This change order no. 3...... $( 6,460.00) Final construction contract amount...... $470,260.00

Acceptance of the project is contingent upon completion of project documentation submitted and approved.

FINANCIAL IMPACT: Funding is available in the: Community Development/Bristol Road Culvert Improvement - Account No. 2 11-9240-535- 1388 2005 CO BondIFlecha Lane Drainage Improvement - Account No. 460-9852-535-4883

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA. Approval of Motion. CONSIDERATION FOR APPROVAL OF CHANGE ORDER No. 3, AND ACCEPTANCE OF THE BRISTOL ROAD DRAINAGE IMPROVEMENTS AND APPROVAL OF FINAL PAYMENT

AGENDA ITEM COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION 05/19/08 Consideration to amend contract FY06-055 currently awarded to Cantu Electric, Laredo, Texas, for furnishing of machinery, equipment, labor and all other services necessary for the maintenance of street lights (not maintained by AEP) services for the Traffic Department by increasing the contract amount by $75,000 to a new contract amount of $375,000. Due to an increase in electrical service projects and repairs, the proposed amendment would increase the current contract in order to provide funding for the remainder of the contract term. Funding is available in the General Fund-Traffic Safety Budget, and 2007 C.O. Bond.

INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Rogelio Rivera, P. E., City Engineer Roberto Murillo, P.E., Traffic Department Manager I Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: The City Council approved a contract renewal on 4/16/07 in the estimated amount of $300,000.00.

BACKGROUND: The City awarded an annual supply contract for furnishing as needed electrical services for maintenance of street lights within the Central Business District not maintained by AEP for an estimated annual amount of $300,000. This service includes all the necessary equipment, personnel, and materials needed to maintain traffic signal lights throughout the city.

Due to an increase in usage, this contract will fund out before the end of the contract term requiring a change order to increase the contract amount by $75,000.

Original Contract Award $300,000.00 Amendment No. 1 $ 75,000.00 Revised Contract Total $375,000.00

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. Funding is available in the following accounts:

Account Number General Fund- Traffic Signals- Material to Make Repairs 101-2613-522-3045 2007 C.O. Bond- Street Projects- Traffic Signal Controller 462-9853-535-95 17 2007 C.O. Bond- Street Projects- Traffic Signal Spanwire 462-9853-535-95 16

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That this contract amendment be approved. COUNCIL COMMUNICATION

DATE: SUBJECT: MOTIONS Consideration to authorize the City Manager to enter into contract with Gulf Coast 5/19/2008 Emergency Vehicles, a division of Houston Freightliners, Inc., Houston, TX in the total amount of $1,396,995.00 for the purchase of two fire pumper truclts, three brush tankers, and one ambulance utilizing the Houston-Galveston Area Council of Governments (H-GAC) cooperative purchasing agreements. Funding will be used from the 2007 Certificate of Obligation Bond and will be reimbursed once the 2008 1 Certificate of Obligation Bond is sold. INITIATED BY: I STAFF SOURCE: Carlos R. Villarreal, David Piton, Acting Fire Chief City Manager Rosario C. Cabello, Finance Department Director PREVlOUS COUNCIL ACTION: None.

BACKGROUND: Authorization is requested to enter into a purchase contract with Gulf Coast Emergency Vehicles, a division of Houston Freightliners, Inc., Houston, TX in the total amount of $1,396,995.00 for the purchase of two fire pumper trucks, three brush tankers, and one ambulance. The fire pumper truclts will be replacements for Stations #3 and #8. The ambulance will be a new addition to the EMS operation and will be assigned to Station #6.

Vehicle Type Q~Y. Unit Price Total American LaFrance Liberty Series Custom Pumper Truck 2 $339,624.00 $ 79,248.00 Sterling Acterra Brush Tankers 3 $246,291 .OO $ 492,582.00 Freightliner M2 Road Rescue Ambulance 1 $239,165.00 $ 239,165.00 Subtotal $1,410,995.00 HGAC Fee $ 4,000.00 Discount ($ 18,000.00) Total $1,396,995.00

FINANCIAL IMPACT: Funding is available from the 2007 Certificate of Obligation Bond.

Expense Account Number: 462-98 10-535-9004

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this action be approved. COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 5/19/08 Consideration to award supply contract number FY08-064 to the following bidders:

1) Screen Crushed Concrete, Laredo, Texas, in the estimated amount of $281,000.00, for the purchase of flexible base crushed concrete (picked up at vendor's yard and job site delivered);

2) Leyendecker Materials, Laredo, Texas, in the estimated amount of $191,000.00, for the purchase of flexible base - type B (picked up at vendor's yard), gravel (picked up at vendor's yard and job site delivered) and sand (picked up at vendor's yard);

3) Brothers Materials, Laredo, Texas, in the estimated amount of $176,500.00, for the purchase of flexible base (picked up at vendor's yard and job site delivered) and sand ('job site delivered); for the purchase of materials required for all city paving and construction projects.

The term of this contract is for a one year period and is subject to the availability of funds. All materials are purchased on an as needed basis utilizing the Public Works Department, Utilities Department, and construction projects budgets.

INITIATED 3Y: I STAFF SOURCE: Jesus Olivares, Assistant City Manager Rogelio Rivera, P.E., City Engineer Tomas Rodriguez, P.E., Utilities Department Director I Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: None.

BACKGROUND: Bids were accepted for awarding contracts for the purchase of materials used in street paving, street reconstruction, and general repair projects for all City depastments. These materials consist of flexible base, sand, and gravel. Bid pricing is requested on job site delivery of materials and picked up by City trucks at the material provider's plant. All bids must be submitted with a certified laboratory test report to assure compliance with City requirements. The Engineering Department and the Public Works Department have reviewed all bids received.

The bid specifications required that vendors provide a laboratory test report with a date of less than twelve months from the bid opening for the materials submitted for consideration.

A complete bid tabulation is attached for your review.

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 sewices. 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.

These materials are used by city departments required for all city paving, repair and construction projects.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Contracts be awarded to the listed bidders. Contract Award Summary

Screen Crushed Concrete Contract Award Flexible base, crushed concrete, F.O.B. plant $195,OOO.OO Flexible base, crushed concrete, F.O.B. job site $ 86,000.00 $281,000.00

Leyendecker Material Contract Award Flexible base, type B, F.O.B. plant $120,000.00 Sand, F.O.B. plant $ 10,000.00 Gravel, F.O.B. plant $ 10,000.00 Gravel, F.O.B. job site $ 51,000.00 $191,000.00

Brothers Materials Contract Award Flexible Base, F.0.B plant $ 20,000.00 Flexible Base, F.0.B job site $1 l7,5OO.OO Sand, F. 0.B., job site $ 39,000.00 $176,500.00 Page 1 of 1

San Juanita Garcia

From: Julio G. Martinez Sent: Tuesday, May 13,2008 10:54 AM To: Rosario Cabello Cc: San Juanita Garcia Subject: PW MATFY08-064 Attachments: PW MATFY08-064.doc

Mrs. Cabello this is part of the large contract that was awarded to Leyendecker. We had to rebid because nobody submitted the test samples! COUNCIL COMMUNICATION

I DATE: SUBJECT: MOTION 05/19/2008 Approving monthly adjustments to the tax roll. The amounts to be adjusted for the month of April 2008, represent an increase of $39,632.39. These adjustments are determined by Webb County Appraisal District and by court orders.

INITIATED BY: STAFF SOURCE: HORACIO A. DE LEON JR., ELIZABETH MARTINEZ, RTA ASSISTANT CITY MANAGER / TAX ASSESSOR-COLLECTOR PREVIOUS COUNCIL ACTION: Approves tax roll each year.

BACKGROUND: Under Section 26.09, Calculation of Tax, paragraph (e) of the Texas Property Tax Code, "the Assessor shall enter the amount of tax determined as provided by this section in the appraisal roll and submit it to the governing body of the unit for approval. The appraisal roll with amount of tax entered as approved by the governing body constitutes the unit's tax roll. It was the recommendation of the City Attorney and the Tax Collections Attorney, that adjustments be approved each month, in addition to the tax roll being accepted with adjustments.

FINANCIAL IMPACT: Potential revenues will increase due to an increase in levy in the amount of $39,632.39.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Approval INT 07 INT TOTALS INT2 02 INT2 TOTALS INT3 03 INT3 TOTALS INT4 04 2441.04 INT4 TOTALS 2441.04 J INT5 05 2828.49 INT5 TOTALS 2828.49 INT6 06 INT6 TOTALS INT7 07 INT7 TOTALS

OMIT 02 .OO OMIT 03 -00 OMIT 04 .OO OMIT 05 .OO PREPARED 4/30/08, 18:29:29 TAX ADJUSTMENT LISTING PAGE 79 PROGRAM TX420L 4/01/08 - 4/30/08 City of Laredo BY TRANSACTION DATE RECAP TOTALS BY ENTITY/YEAR

OMIT 06 OMIT 07 OMIT TOTALS RP05 05 RP05 TOTALS RP06 06 RP06 TOTALS RP07 07 RP07 TOTALS RTN 07 RTN TOTALS SUPP 03 SUPP 04 SUPP 05 SUPP 06 SUPP 07 SUPP TOTALS TOTALS

PREPARED 4/30/08, 18:29:29 TAX ADJUSTMENT LISTING PAGE 81 PROGRAM TX420L 4/01/08 - 4/30/08 City of Laredo BY TRANSACTION DATE PAYMENT RECAP TOTALS BY ENTITY/YEAR ENTITY/YR...... BASE TAX PENALTY INTEREST COLL FEE DISCOUNT UNAPPLIED TOTAL RP06 TOTALS 2.80 d .34 .39 .53 .OO 5.39 9.45 RP07 07 3.08 .22 3.36 PAYMENT VOID RP07 07 .OO .OO 94 .73 CREDIT REFUND RP07 07 15.30 1.14 1154.28 TRANSFERS FROM RP07 07 11.04- .88- 21.51- TRANSFERS TO RP07 TOTALS 7.34 .48 1230.86 RTN TOTALS .OO .OO .OO .OO .OO .OO -00 SUPP 05 .OO .OO .OO .OO 134.20 TRANSFERS FROM SUPP 05 .oo .oo .oo 134.20- 134.20- TRANSFERS TO SUPP 06 .OO .OO .OO -00 145.76 TRANSFERS FROM SUPP 06 57.15- 101.26- .OO SUPP 07 49.34- 8.23- .OO .OO 145.76-.oo 3026.30-3206.98- TRANSFERS TO SUPP TOTALS 5525.35- 4 115.57- 65.38- 101.26- .OO 279.96- 6087.52-

TOTALS 2128.92- 323.89- 46.63 222.65 -00 23341.93 21158.40 Hm. F I I I 1 1111 Ill Ill I ~~~~m~~~oomooooooooorlm~~mmwomemoom *O 1~100~000000~0rldrl~00';r~~0001~)000...... rl rlwme omv capo rn 81E5jr*1 z o mv~~wrlrl wwm N m rlb~~rnmvv oow o r r N curlm rlw N i rl m n0bd1 I PREPARED 4/30/08, 18:29:29 PAGE 88 PROGRAM TX420L City of Laredo

YR/ADJ CODE BASE TAX PENALTY INTEREST COLL FEE DISCOUNT UNAPPLIED TOTAL

62 TOTALS 63 TOTALS 64 TOTALS 65 TOTALS 66 TOTALS 67 TOTALS 68 TOTALS 69 TOTALS 70 TOTALS 71 TOTALS 72 TOTALS 73 TOTALS 74 TOTALS 75 TOTALS 76 TOTALS 77 TOTALS 02 TRNF 17.30- TRANSFERS TO 02 TOTALS 17.30- 03 VOID 223.89 PAYMENT VOID 03 TOTALS 223.89 04 CBR 364.10 CREDIT REFUND 04 VOID 58.72 PAYMENT VOID 04 TOTALS 422.82 05 1571.40 TRANSFERS FROM 05 1571.40- TRANSFERS TO 05 CBR 1438.98 CREDIT REFUND 05 REND 1.78 TRANSFERS FROM 05 REND 1.78- TRANSFERS TO PREPARED 4/30/08, 18:29:29 TAX ADJUSTMENT LISTING PAGE 89 PROGRAM TX4 2 0L 4/01/08 - 4/30/08 City of Laredo BY TRANSACTION DATE PAYMENT RECAP TOTALS BY YEAR/ADJUSTMENT CODE YR/ADJ...... CODE BASE TAX PENALTY INTEREST COLL FEE DISCOUNT UNAPPLIED TOTAL 05 TRNF .OO 2.34 1.56 3.52 .OO .OO 7.42 TRANSFERS FROM 05 TRNF 127.22- 13.91- 29.97- 24.55- .OO 114.04- 309.69- TRANSFERS TO 05 TOTALS 1445.96 11.57- 28.41- 21.03- -00 248.24- 1136.71 .OO .OO 1198.90 TRANSFERS FROM .oo 1198.90- 1198.90- TRANSFERS TO 06 CBR .00 .OO 152.37 152.37 PAYMENT REFUND 06 CBR .OO .OO 499.72 499.72 CREDIT REFUND 06 NSF 666.10 .OO -00 965.18 PAYMENT VOID 06 SSPT 1896.73 .OO .OO 1963.65 TRANSFERS FROM 06 TRNF 526.16 -00 692.50 1396.09 TRANSFERS FROM 06 TRNF 3248.87 -00 .OO 3682.35- TRANSFERS TO 06 TOTALS 1039.02 -00 145.69 1294.66

67 APCR 07 APCR 07 CBR 07 CBR 07 NSF 07 OTHR 07 OTHR TRANSFERS TO 07 PR PAYMENT REFUND 07 QTLY TRANSFERS FROM 07 QTLY TRANSFERS TO 07 SEP TRANSFERS FROM 07 SEP TRANSFERS TO 07 SPLT TRANSFERS FROM 07 SPLT TRANSFERS TO 07 SSPT TRANSFERS FROM 07 SSPT TRANSFERS TO 07 TRNF TRANSFERS FROM 07 TRNF TRANSFERS TO 07 TOTALS

TOTALS 2128.92- 323.89- 46.63 222.65 .OO 23341.93 21158.40 PREPARED 4/30/08, 17:43:42 TAX PERIOD-TO-DATE RECAP PAGE 71 PROGRAM TX450L 4/01/08 - 4/30/08 UPDATED THRU 4/30/08 GEO-BASED City of Laredo TAX YEAR 2007 ALL ROLL CODES ALL ENTITIES <------TRANSACTIONS THIS PERIOD ------> PREVIOUS ORIGINAL ADJUSTMENTS ADJUSTMENTS NET ENDING BALANCES TRANSACTIONS TO ORIGINAL TO PREVIOUS ADJUSTMENTS BALANCES

BASE TAX BILLED 59,634,592.69 .OO 5,381.11 9,425.41- 4,044.30- 59,630,548.39 - BASE TAX PAID 52,515,012.45 1,184,080.53 2,953.90- 7,713.34 4,759.44 53,703,852.42 - BASE PAID FROM DEFERRED .OO .OO .OO .OO .OO .OO +/- ADJUSTMENTS TO UNPAID TAX .OO .OO .OO .OO .OO = OUTSTANDING BASE TAX 7,119,580.24 5,926,695.97

OTHER PAID: PENALTY INTEREST COLLECTION FEE DISCOUNT UNAPPLIED DEFERRED TOTAL PAID 52,818,985.20 1,337,244.36 4,746.52- 12,829.97- 17,576.49- 54,138,653.07 PREPARED 4/30/08, 17:43:42 TAX PERI0D:TO-DATE RECAP PAGE 72 PROGRAM TX450L 4/01/08 - 4/30/08 UPDATED THRU 4/30/08 GEO-BASED City of Laredo FINAL TOTALS ALL ROLL CODES ALL ENTITIES <------TRANSACTIONS THIS PERIOD ------> PREVIOUS ORIGINAL ADJUSTMENTS ADJUSTMENTS NET ENDING BALANCES TRANSACTIONS TO ORIGINAL TO PREVIOUS ADJUSTMENTS BALANCES ......

BASE TAX BILLED 547,587,900.86 -00 19,210.24 31,375.40 50,585.64 547,638,486.50 - BASE TAX PAID 536,820,989.84 1,378,746.45 2,560.71- 4,689.63 2,128.92 538,201,865.21 - BASE PAID FROM DEFERRED .OO .OO .OO .OO .OO .OO +/- ADJUSTMENTS TO UNPAID TAX 2,734.03- .OO .OO -00 2,734.03- = OUTSTANDING BASE TAX 10,764,176.99 9,433,887.26

CHARGES LEVIED - CHARGES PAID +/- ADJUSTMENTS TO UNPAID CHARGES = OUTSTANDING CHARGES

OTHER PAID: PENALTY INTEREST COLLECTION FEE DISCOUNT UNAPPLIED DEFERRED TOTAL PAID 560,751,992.89 1,604,668.81 4,356.15- 16,802.25- 21,158.40- 562,335,503.30 COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION 5/19/08 Refund of property tax in the amount of $1,336.98 payable to Litton Loan Servicing LP due to an overpayment. Account # 986-00004-320.

INITIATED BY: STAFF SOURCE: HORACIO A. DE LEON JR., ELIZABETH MARTINEZ, RTA ASSISTANT CITY MANAGER TAX ASSESSOR-COLLECTOR

PREVIOUS COUNCIL ACTION:

City Council has previously approved requests for refunds over $500.00 as required by State Law.

BACKGROUND:

Every month the Webb County Appraisal District submits to the City of Laredo changes in values certified by the WCAD Review Board. Some of these changes require tax refunds be issued due to clerical errors, double assessments, over assessments, over 65 exemptions, did not exist on the lStof the year, exempt property and combined properties. As per section 26.15 (f) of the Texas Property Tax Code, "If a correction decreases the tax liability of a property owner after the owner has paid the tax, the taxing unit shall refund to the property owner the difference between the tax paid and the tax legally due. As per Section 3 1.1 1 ( c ) of the Texas Property Tax Code, "An application for a refund must be made within three years after the date of the payment or the taxpayer waives the right to the refund." A taxpayer may request a refund if an overpayment or an erroneous payment was made. As per Section 42.43 (a) of the Texas Property Tax Code, "If the final determination of an appeal that decreases a property owner's tax liability occurs after the property owner has paid hisker taxes, the taxing unit shall refund to the property owner the difference between the amount of taxes paid and amount of taxes for which the property owner is liable.

FINANCIAL IMPACT:

The City of Laredo will refund an amount of $1,336.98. It will be paid from line item Revenue/Unapplied Payments. Account # 101-0000-222-03 00.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: / Approval of these refunds as detailed above,

COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION Authorizing the City Manager to execute a contract for the purchase of 2000 511 912008 aclft of municipal water rights from Harlingen Irrigation District, Cameron County No. 1 at a cost of $2,250 per aclft for the sum of $4,500,000.00 (651,600,000 gallons). Funding is available in Waterworks Fund-Water Availability Funding. INITIATED BY: I STAFF SOURCE: Carlos R. Villarreal, City Manager Tomas M. Rodriguez, Jr. P. E., Utilities Director

I PREVIOUS COUNCIL ACTION: On April 21, 2008 the City Council authorized the purchase of 45 aclft of municipal water rights from S.D.K. Farms, L.L.C.

BACKGROUND:

The City currently owns 49,186.53 acre-feet of water rights. A total of four transactions are in process. These are 2,000 aclft from Presidio Valley Farms, 200 aclft municipal water rights from Valley Municipal District #2, 394.56 aclft municipal water rights from KinCannon Farms Partnership, and 45 aclft municipal water rights from S. D.K Farms, L.L.C.

The City of Laredo will hire Mr. Glenn Jarvis who specializes in water rights sales agreements in order to do the proper examination on the documentation and compliance with the procedures set by the Texas Commission on Environmental Quality.

The formula used to obtain the price is as follows:

2000 aclft municipal water rights X $2,250 = $4,500,000.00.

2000 aclft x 325,800= 651 ,600,000 gallons.

FINANCIAL IMPACT:

Waterworks Fund-Water Availability (Water Rights 557-4180-535-91 02)

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:

NIA I Approval of this motion. STATE OF TEXAS 5

COUNTY OF WEBB 3

THIS AGREEMENT is entered into this 231~day of April, 2008, by and between,

WAmINGEN I GATION DISTRICT, CAMERON COUNTY NO. 1, an irrigation district and political subdivision operating pursuant to the laws of the State of Texas, 301 E. Pierce, P.O.

Box 148, Harlingen, Cameron County, Texas, 7855 1 (hereinafter called "SELLER") and the CITY

OF LAREDO, 5816 Daugherty Avenue, a municipality of the State of Texas, Webb County,

Laredo, Texas 78041 (hereinafter called "BUYER) for the purpose of setting forth the Agreement between the parties, whereby SELLER, subject to the terms and conditions of this Agreement, agrees to transfer Water Rights to BUYER.

Water Rights

1. (a) SELLER owns the right to divert and use from the Rio Grande, a maximum of not to exceed 2000 acre feet per annurn for municipal, industrial, and domestic use, with a municipal priority of allocation, being a portion of those water rights evidenced by Certificate of Adjudication

No. 23-83 1, as amended, and within its water allocation account number 083 1-000 as maintained by the Rio Grande Watermaster, Texas Commission on Environmental Quality. SELLER agrees to transfer said 2000 acre feet per annum of water rights to BUYER, and BUYER agrees to purchase and accept title to the said 2000 acre feet per annum of water rights, which water rights are hereinafter referred to as the "Water Rights."

(b) The Water Rights covered by this Agreement are owned by SELLER and relate to

SELLER'S water delivery and treatment facilities in Cameron County, Texas. The Water Rights have not been previously severed from this use and appurtenancy.

2. For and in consideration of $4,5007000.00(the "Purchase Price") to be paid by BUYER as hereinafter provided, SELLER will transfer to BUYER, and BUYER hereby purchases the Water

Page 1 of 6 LEER consistent with necessary proceedings before the Texas Commission on

Environmental Quality, (hereinafter referred to as "TCEQ") and subject to the terms and conditions provided in this Agreement.

The Purchase Price is payable in cash to SELLER upon the closing of this transaction in accordance with the terms hereof when the TCEQ approves the transfer of the Water Rights as provided for below.

Escrow Fclnds

3. It is agreed that BUYER will deposit or has deposited Fifty Thousand and no1100ths Dollars

($50,000.00) with Glenn Jarvis, Trustee, Attorney at Law, 1801 South 2ndStreet, Inter National Bank

Bldg., Suite 550, McAllen, Texas, 78503 as escrow agent, which sum shall be held by him in Trust and paid to SELLER when this transaction is closed, or refknded to BUYER, if this transaction is not closed, as provided herein.

TCEQ Proceedings and Closing

4. The parties acknowledge that it is the essence of this transaction that the TCEQ approve the change of ownership, place and purpose of use and point of diversion of the Water Rights; and, because of this condition, it is especially agreed as follows:

(a) Final closing of this transaction and delivery of the Purchase Price are subject to and dependent on approval by the TCEQ of the change of ownership, place and purpose of use and point of diversion of the Water Rights; and the issuance by the TCEQ of Amended Certificate(s) of

Adjudication evidencing such approval, andlor combining the Water Rights with other water rights of BUYER, or such other orders as are necessary under the circumstances authorizing the transfer of the Water Rights to BUYER.

Page 2 of 6 (b) SELLER hereby authorizes UYER to file an Application with the TCEQ for approval of this transfer and change of place and purpose of use and point of diversion and agrees to execute the necessaly documents required of BUYER for such proceeding. BUYER shall commence such proceedings within twenty (20) calendar days following UYER's receipt of the

Conveyance of the Water Rights provided for in subparagraph (c) below. The expenses of this transaction and such proceeding shall be borne by BUYER, including the expenses of any public hearings or proceedings before said TCEQ, and required filing and recording fees; provided, however, SELLER agrees to pay any expenses incurred by SELLER, including attorney fees, in order to place SELLER in a position to transfer the Water Rights or otherwise, in connection with this transaction. BUYER agrees to initiate and pursue said proceedings and SELLER agrees to cooperate with BUYER in connection therewith with all due diligence and care so as to complete same and procure approval of this transfer in such TCEQ proceedings within 120 calendar days following the initial filing of the Application with the TCEQ, but any delay brought about by the

TCEQ proceedings and not attributable to the conduct of the parties, which causes a delay of closing beyond the 120-day period, shall not be grounds for cancellation of this Agreement.

(c) In order to properly seek and obtain said approval of the TCEQ and to accomplish the transfer of the Water Rights, SELLER agrees to execute or have executed, a conveyance with general warranty of title to the Water Rights to BUYER, as well as such other applications or documents necessary to accomplish the transfer of the Water Rights, all of which documents shall be in form and substance acceptable to BUYER and SELLER and TCEQ. Even though a Conveyance and transfer of said Water Rights is given or provided by SELLER, SELLER shall not receive the

Purchase Price until the TCEQ has issued an Amendment to Certificate of Adjudication No. 23-83 1, or should BUYER desire to combine the Water Rights with other water rights owned by BUYER evidenced by Amendment to such Certificate of Adjudication designated by BUYER, or such other

Page 3 of 6 order or orders approving this transfer. The Purchase Price shall be delivered to SELLER within seven (7) calendar days following issuance and delivery of the said TCEQ approval order(s) and

Amended Certificate(s) of Adjudication to Glenn Jarvis, Attorney at Law, Trustee, (the "Escrow

Agent") as closing attorney, at his offices located at 1801 South 2ndStreet, Inter National Bank Bldg.,

Suite 550, McAllen, Texas, where closing and delivery of the Purchase Price to SELLER shall take place.

(d) SELLER agrees to provide authentic copies of all title documents evidencing the SELLER'S interest in the Water Rights as well as an Opinion of counsel or other acceptable opinion establishing the SELLER'S interest in the Water Rights and the non-existence of liens encumbrancing the Water Rights. It is agreed by both parties that such opinion of title is subject to the approval of Escrow Agent, and that Escrow Agent shall file the necessary Application(s) with the

TCEQ as provided above.

(e) In the event the TCEQ does not issue its final approval order(s) of such transfer as described above ,then said Conveyance shall be returned to SELLER by the Escrow Agent and all portions of the transaction shall be canceled by appropriate legal means, and the escrow funds, shall be returned to BUYER. In such event, neither party shall have any further obligation to the other and the parties agree to sign such instruments and take such actions as are required to place the parties in the position each was in with respect to such Water Rights prior to entering into this

Agreement.

Water Allocations

5. SELLER agrees to pay any penalty, interest, and assessments accrued and owing the

TCEQ or TCEQ Watermaster prior to or at closing of the transaction.

Specific Performance

6. It is agreed that either party hereto may demand specific performance of this Agreement, provided, however, (a) specific performance may not be demanded if the reason for BUYER'S or SELLER'S failure to perform is a failure of or defect in SELLER'S ability to transfer the Water

Rights or title to the Water Rights, or (b) subject to the foregoing subparagraph (a) specific performance may not be demanded by either party if the failure to perform is due to the failure of the

TCEQ to approve the transfer of said Water Rights unless such failure is due to act(s) or omission(s) of the party against whom specific performance is sought.

Severance

7. It is agreed that BUYER is hereby purchasing the Water Rights as a right separate and apart from the facilities and properties of SELLER to which said Water Rights previously attached prior to this transaction, or any other water rights evidenced by Certificate of

Adjudication No. 23-83 1, and no interest in same is intended to be sold, transferred or conveyed hereby.

Liens

8. SELLER agrees to provide consent to the transfer of the Water Rights, properly executed by any lienholders holding a lien upon the Water Rights of SELLER, or property to which said Water

Rights were appurtenant prior to the transfer of same as contemplated by this Agreement or

SELLER shall provide BUYER a written, acknowledged statement that there are no such lienholders or such other documentation acceptable to BUYER.

Texas Law to Apply

9. This Agreement shall be construed under and in accordance with the laws of the State of

Texas, and all obligations of the parties created by the Agreement are performable in Webb, Texas.

Successors

10. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This Agreement may not be assigned by either party without the prior written consent of the other party. 11. The persons signing below on behalf of UYER personally represent and

warrant that each has full right and authority to execute this Agreement, on behalf of the SELLER or

UYEW as the case may be.

EXECUTED by the parties in Duplicate Originals on the dates indicated below.

SELLER:

HARLINGEN IWGATION DISTRICT CAMERON COUNTY NO. 1

Date: April 23,2008 By:

Its: President of the Board of Directors

BUYER:

CITY OF LAREDO

Date: By:

Its:

Receipt of the above escrow amount is hereby acknowledged, and the undersigned escrow agent agrees that said transaction and escrow funds will be handled as agreed upon by BUYER and SELLER above.

DATE: Escrow Agent GLENN JARVIS ATTORNEY AT LAW

Page 6 of 6 COUNCIL COMMUNICATION

- DATE: SUBJECT: MOTION Awarding a contract to Dynamic Pump Systems, Austin, Texas; in the amount of 5/19/08 $1 1 1,000.00 for the Mary Help of Christians (MHOC) Booster Station Pump Procurement Project. The project consists of procurement of two (2) new 400 HP pumping units for the new pressure plane and one (1) new 350 HP pumping unit for the existing pressure plane served by the MHOC station. Funding is available in the 2006 Bond issue.

-- INITIATED BY: STAFF SOURCE: Jesus M. Olivares, Assistant City Manager Tomas M. Rodriguez Jr., P.E., Utilities Director PREVIOUS COUNCIL ACTION: None

BACKGROUND: The intent of these documents is to procure two (2) new 400-HP pumping units for the new pressure plan and on (1) new 350-HP Pumping unit for the existing pressure plane served by the MHOC station. The agreement for pump procurement will be between the pump supplier and the city of Laredo. The new pumps will be delivered to the MHOC station by the pump supplier, and unloaded and installed by the general contractor under a separate contract. The pump supplier will also be responsible for coordination with the general contractor and providing pump star-up services after the units are installed. As written, these procurement documents require delivery of pumps no later than 140 days after the agreement is signed.

Under a separate contract, the general contractor will perform all other work that is planned, including mechanical piping, electrical, structural, etc. The general contactor's scope of work will be described in the bid documents that will be submitted for the City's review in two weeks. It is proposed that the general contractor's scope of work will not only include installation of the pumps being procured under this contract, but also the rehabilitation of the existing pump currently located in this station.

Bids were received for base and alternative amounts consisting of pumps with stainless steel impellars and bronze impellars. Our engineer and staff recommend utilizing the alternative bid (bronze impellar) due to its cost savings as well as operational familiarity.

FINANCIAL IMPACT: Funding to pay for this contract exists in the 2006 Water Bond issue Account #557-4183-538- 0334 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NI A Approval of Motion. COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION Authorizing the City Manager to award an Engineering Contract with Crane 511 9/08 Engineering Corporation - Laredo, Texas in the amount of $62,395.00 to prepare plans and specifications for house to line connections for water and wastewater services for 126 lots at D-5 Acres, Laredo Ranchettes and Ranchitos 359 East. This project is funded by the North American Development Bank (NADB). F~~ndsare available in the Colonias Fund.

INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Tomas M. Rodriguez Jr., P.E., Utilities Director

PREVIOUS COUNCIL ACTION: None

BACKGROUND SUBJECT: MOTION This project will provide water and sewer services to all the properties that qualify as part of the agreement between the City of Laredo and the Webb County and is subject to approval by the North American Development Bank.

The engi~ieeringcontract will be executed with Crane Engineering Corporation, Laredo, Texas for a total amount of $62,395.00

FINANCIAL IMPACT: Funding is available in the Project Engineer Fees Acc. #45 1-83 11-533-55 12. Transfer needs to be made from Acc. # 45 1-83 1 1-535-9301.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA. To approve Motion. COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION 05/19/08 Consideration to amend purchase order issued to Schindler Elevator Corporation, San Antonio, Texas, by increasing the total to $39,144.00 which is an increase of $22,821 .OO for furnishing parts and labor and for the repair of the damaged escalator at the Laredo International Airport. Due to the continuous use of the escalator, it is essential that the repair be completed. Funding is available in the Airport Budget.

INITIATED BY: ] STAFF SOURCE: Jesus Olivares, Assistant City Manager Jose Flores, Airport Department Manager Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: None.

BACKGROUND: A purchase order has been issued to Schindler Elevator Corporation for escalator repairs in the total amount of $16,323.00. After dismantling the escalator, the vendor identified that additional parts were needed. The escalator is presently in use but it shuts down on a regular basis. This service includes all the necessary parts and labor needed to complete the repair. It is essential that these repairs be completed in order to avoid future maintenance costs. Staff is recommending that this change order be approved.

Current Purchase Order Amount $ 16,323.00 Service to repair escalator $ 22,821.00 Revised Purchase Order Amount $ 39,144.00

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

Account Number Airpost Building Maintenance- Machinery and Equipment 242-36 10-583-2030

COMMlTTEE RECOMMENDATION: STAFF RECOMMENDATION: Amend purchase order issued to Schindler Elevator Corporation. DATE: SUBJECT: MOTION 5/19/2008 Consideration to exercise the renewal option for contract FY07-085 to the low bidder SOS Liquid Waste Haulers, LTD Co., San Antonio, Texas, in the estimated amount of $50,000.00 to analyze, profile, transport and dispose of contaminated water at the Solid Waste. The term of this contract will be for a one year period with an option to extend this contract for two, one year terms. Funding is available in the Solid Waste / Department 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

I PREVIOUS COUNCIL ACTION: Awarded a contract to SOS Liquid Waste Haulers LTD CO., on 5/7/2007.

BACKGROUND: The City awarded a contract on 5/07/07 to SOS Liquid Waste Haulers to transport and dispose of sludge and contaminated water collected at the Solid Waste Department facilities located at 6912 Hwy 359. There are three (3) pits located at the wash rack and environmental water contaminated collection systems which hold approximately 10,000 gallons of contaminated water and approximately seven cubic yards of grit. The contract vendor is required to maintain TCEQ registration numbers for the transportation and disposal of these materials. The term of this contract was for one year with an option for two additional one renewals. This is the first contract renewal option. All services will be requested on an as need basis.

Company Name Unit Cost Per visit SOS Liquid Waste Haulers LTD. Co. $9,450.00

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. Funds for this service contract are available in the department's budget :

Solid Waste Department - Waste Material Disposal

Account Number: 556-2560-533-3930

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be awarded. COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 05/19/08 Consideration to award annual service contract FY08-075 to the sole bidder, Freedom Construction, Laredo, Texas in the estimated amount of $80,000 for furnishing cleaning services for domestic sewage back-ups into private properties. The frequency and number of service calls will vary depending on the City's need. Funding for this service is available in the Utilities Department- Wastewater Collection Division.

INITIATED BY: I STAFF SOURCE: Jesus Olivares, Assistant City Manager Tomas Rodriguez, P.E., Utilities Director Francisco Meza, Purchasing Agent

I PREVIOUS COUNCIL ACTION: None.

BACKGROUND: Bids were requested for awarding an annual contract for furnishing cleaning services for wastewater backups for the Utilities Department. This service is required when a wastewater sewer service line causes backups onto private property. The frequency and number of service calls will vary depending on the City's need. The bid pricing is based on a unit cost per type of cleaning service is required.

Bid Summary

Cost oer "gallon of Anti Microbial Chemical $ 50.00 Cost per service call, 24 hourslday $ 250.00 Base price for content manipulation $ 150.00 Base price for labor and materials to unclog household drains $ 200.00

Sewer Fund - Wastewater Collection Account Number: 559-4220-533-2014

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

7 DATE: SUBJECT: MOTIONS Consideration to authorize the purchase of a) two, 2008 Heil DP Python 28 yard automated side loaders in the amount of $182,623.20 from Heil of Texas through the BuyBoard Cooperative program and; b) two 2008 Peterbilt 320 cab and chassis for the side loaders in the amount of $252,526.00 from Rush Truck Centers of Texas L.P., through the Houston Galveston Area Council of Governments (H-GAC). This equipment will be assigned to the Solid Waste's Sanitation Department. Funding is available in the Solid Waste Fund.

INITIATED BY: I STAFF SOURCE: Jesus Olivares, Assistant City Manager Rogelio Rivera, P.E., City Engineer Oscar 3. Medina, Solid Waste Services Manager Francisco Meza, Purchasing Agent

I PREVIOUS COUNCIL ACTION: Authorized participation in the H-GAC and Buyboard's cooperative purchasing program. BACKGROUND: Authorization is requested to purchase two, 28 yard automated side loaders and two cab and chassis trucks for the Solid Waste's Sanitation Department. This equipment will be purchased from Rush Truck Center utilizing the H-GAC and Heil of Texas Buyboard's cooperative purchasing program contract pricing.

Vendor: Heil of Texas Equipment Quantity Unit Price Total 2008 Heil DP Python 28 yd. Automated side loaders 2 $ 9 1,111.60 $ 182,223.20 Buyboard Administrative Fee $ 400.00 $ 182,623.20

Vendor: Rush Truck Center

2008 Peterbilt Cab and Chassis for the side loaders 2 $ 125,963.00 $ 251,926.00 H-GAC Administrative Fee $ 600.00 $ 252,526.00

FINANCIAL IMPACT: Funding for this equipment is available in the Solid Waste Funds through the 2007 certificates of obligation bond proceeds. Department Line item Expense Account Amount Solid Waste Department Automotive Equipment 556-2591-535-9004 $ 435,149.20

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be approved. COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 05/19/08 Consideration to award annual supply contract FY08-021 to: a) All States Coatings, Goldwater, Texas, in the estimated amount of $50,000.00 for providing airfield marking paint for the Airport Department. This contract establishes contract pricing for airport marking paint for the runway and taxiway striping for a one year period. b) Authorize that all bids received for the traffic marking paint be rejected, and; c) The traffic marking paint be purchased from Ennis Paint, Ennis, TX utilizing a State of Texas - Department of Transportation (TXDOT) piggyback contract. All items will be purchased on an as need basis. Funding is available in the Airport Construction fund - TXDOT RAMP Grant 2008 budget and Traffic Safety Division budget. INITIATED BY: I STAFF SOURCE: Jesus Olivares, Assistant City Manager Roberto Murillo,P.E., Traffic Manager Jose Flores, Airport Manager Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: None.

BACKGROUND: The City received ten (10) bids for awarding an annual contract for the purchase of street and runwayltaxiway striping paint. It is recommended that a contract be awarded to All States Coating for the purchase of the airport marking paint.

The Traffic Safety Division recommends that all bids received for the street marking paint be rejected and that the street marking paint be purchased utilizing a State of Texas - Department of Transportation piggyback contract. The TXDOT specifications are for a higher quality paint that the Division wishes to utilize to see if it is more durable than the current City of Laredo specification paint.

All items will be purchased on an as need basis and includes yellow, white, red, blue and black paint. . Summary Based on Bid Evaluation Criteria 1 Section 1 - Traffic marking paint I I Section 11- Airport Marking Paint Sherwin Williams*"" $1 56,360.00 All States Coatings $38,670.00 Ennis Paint*** $162.608.00 Sherwin Williams $44,600.00 Safe-T Supplies ** $155,692.00 Ennis Paint ** $40,650.00 JJJ International * * $1 60.560.00 Safe-T Sumlies ** $53,660.00 Centerline Supply ** $176,484.00 Trantex Inc. ** $57,350.00 Trantex Inc. * * $1 86.880.00 Centerline Sumlv. ** $57.390.00 Pathmark Traffic ** $19 1i644.00 JJJ International * * $551225.00 All States Coatings ** $104,080.00 Pathmark Traffic ** $65,340.00 Swarco Reflex *** (Incomplete bid) $ 26,000.00 Swarco Reflex *** (Incomplete bid) $25,400.00 Flex-0-Lite ** (Incomplete bid) $ 30,400.00 Flex-0-Lite ** (Incomplete bid) $24,300.00 ** Sample not submitted. ***Sample submitted but did not pass testing A complete bid tabulation is attached. FINANCIAL IMPACT: All items will be purchased on an as need basis. Funds are allocated in the following line item budgets: Account Number Airport Department - TXDOT RAMP Grant 2008 433-3679-582-3010 Traffic Safety Department - Materials to Make Repairs - Pavement Markings 10 1-2622-522-3046

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be approved. Bid Tabulation FY08-021 TrafficIAirport Paint and Beads January 9,2008 3:OOP.M.

Quantity Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Section I Traffic Marking PainffGlass Beads Yellow Fast Dry Water Borne Acrylic Traffic Paint 8,000 $ 8.79 $ 70,320.00 White Fast Dry Water Borne Acrylic Traffic Paint 6,000 $ 8.97 $ 53,820.00 Red Paint Water Borne Acrylic 800 $ 9.17 $ 7,336.00 Blue Paint Water Borne Acrylic 800 $ 9.27 $ 7,416.00 Glass Beads Type I (w 80,000 $ 0.21 $ 16,800.00 Total $ 155,692.00 Time of Delivery (Days) 20-45 Days 30 Days 14 Days 30 Days 14-21 Days

Section II- Airfield Paint and Glass Beads Yellow Fast Dry Water Borne Acrylic Airfield White Fast Dry Water Borne Acrylic Airfield Black Fast Dry Water Borne Acrylic Airfield Airfield Glass Beads (Ibs) 10,000 $ 3.00 $ 30,000.00 $ 4.45 $44,500.00 $ 3.00 $ 30,000.00 $ 2.94 $29,400.00 $ 2.84 $ 28,400.00 Total $ 83,660.00 $ 89,100.00 $ 90,200.00 $ 70,050.00 $ 85,790.00 Time of Delivery (Days) 20-45 Days 30 Days 14 Days 30 Days 14-21 Days

Quantity Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total Section I Traffic Marking PaintlGlass Beads Yellow Fast Dry Water Borne Acrylic Traffic Paint White Fast Dry Water Borne Acrylic Traffic Paint Red Paint Water Borne Acrylic Blue Paint Water Borne Acrylic Glass Beads Type I (Ibs) 80,000 $ 0.424 $ 33,920.00 $ 0.354 $ 28,320.00 $ - $ $ 0.325 $ 26,000.00 $ 0.380 $ 30,400.00 Total $ 186,880.00 $191,644.00 $ 104,080.00 $ 26,000.00 $ 30,400.00 Time of Delivery (Days) 30 Days 30 Days Not stated 30 Days 20 Days

Section II- Airfield Paint and Glass Beads Yellow Fast Dry Water Borne Acrylic Airfield $ 10.79 $ 21,580.00 $ 6.50 $ 13,000.00 $ - $ $ - $ White Fast Dry Water Borne Acrylic Airfield $ 10.79 $ 32,370.00 $ 6.44 $ 19,320.00 $ - $ $ - $ Black Fast Dry Water Borne Acrylic Airfield $ 11.39 $ 11,390.00 $ 6.35 $ 6,350.00 $ - $ $ - $ Airfield Glass Beads (w 10,000 $ 2.580 $ 25,800.00 $ 3.49 $ 34,900.00 $ - $ $ 2.54 $ 25,400.00 $ 2.43 $ 24,300.00 'otal $ 83,150.00 $100,240.00 $ 38,670.00 $ 25,400.00 $ 24,300.00 Time of Delivery (Days) 30 Days 30 Days Not stated 30 Days 20 Days CITY COUNCIL MEETING AS LAREDO MASS TWNSIT BOARD COMMUNICATION DATE: SUBJECT: MOTION 5- 19-08 Consideration to extend and modify the current bus shelter advertising contract with Lamar Company, L.L.C. D/B/A/ Lamar Advertising of Laredo for an additional Ten (1 0) years starting February 23,201 1, with one five (5) year option for the purpose of: (a) Installing an additional fifty (50) new bus shelters over the next ten years (b) In lieu of the average $20,000.00 paid to the city, Lamar will maintain an additional 270 benches belonging to The City of Laredo and 105 bus shelters belonging to Lamar (c) Assume costs of repairs and vandalism up to $50,000 per year on Lamar inventory. (d) The option to pilot a new project for additional revenue opportunities for the City and Lamar by selling advertising displays in the bus tunnel terminal walls at 35% revenue share (e) At no charge, Lamar will provide up to 10% of unsold advertising space currently valued at $36,000.00 and ad design services valued at $150.00 per hour that will be used for El Metro discretion.

INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Feliciano Garcia, Jr., Transit General Manager

t PREVIOUS BOARD ACTION: Contract was last awarded to Lamar Advertising on February 23,2001 for a ten (10) year period with one five (5) year option.

BACKGROUND: The current bus shelter advertising contract, now in its seventh (7th)yeas with Lamar Advertising, has reached its maximum contract goal of fifty (50) bus shelters and has reached the average annual revenue payment's to the City of more than $20,000 for the year 2007. El Metro has been pleased with the service provided by Lamar Outdoor Advertising Company and would like to see further enhancements by installing an additional fifty new bus shelter over the next ten years. Lamar Outdoor Advertising estimates the total value of the contract extension will provide the city with tangible resources valued at more than $2,000,000. Maintenance such as brush cutting and garbage pick-up on all shelters and bench locations including those presently maintained by the city is being proposed in the new contract extension identified as Exhibit A2008.

Lamar Advertising has expressed the desire to extend the contract agreement for an additional ten (10) years and El Metro believes it would be beneficial to the City to have the contract extended.

FINANCIAL: [f accepted by the City Manager, revenues from the pilot program starting on February 23,201 1 as proposed in Exhibit A2008 will be deposited in Advertising Account number 558-0000-339-2001.

COMMITTEE RECOMMENDATION: STAFF FWCOMMENDATION: N/A Staff recommends approval of this motion. CITY COUNCIL MEETING AS LAREDO MASS TRANSIT BOARD COMMUNICATIOP-J Date: SUBJECT: MASS TUNSIT BOARD MOTION 5-19-08 COXSIDERATION TO EXTEND AND MODIFY THE CURREXT COXTRACT FY04-047 BETWEEN THE CITY OF LAREDO AND BUS ADS FOR BUS EXTERIOR AND INTENOR ADVERTISNG SERVICE BY EXTENDING THE CONTRACT FOR AN ADDITIONAL TEN YEARS COIM~~ENCINGFROM JUNE 1, 2009 TO MAY 3 1,2019 WITH ONE ADDITIONAL FIVE YEAR OPTION FOR THE FOLLOWING PURPOSE: A) THE CITY SHALL UAVE THE RIGHT TO USE 10% OF mTSOLD EXTERIOR SPACE AND 20% OF UNSOLD INTERIOR SPACE AT NO CHARGE. B) PROVIDING THE CITY OF LAREDO WITH ARTWORK, VINYL AND INSTALLATION OF CITY'S ADVERTISEMENT AT COST. C) PROVIDING THE CITY OF LAREDO WITH VENUE TO PROMOTE CITY

f DEPARTMENTS AND CITY SPONSORED EVENTS. INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Feliciano Garcia, LTMI Director

I PREVIOUS BOARD ACTION: On May 5-05-08, a motion was approved by City Council to exercise the second one-year renewal option for contract FY04-047.

BACKGROUND: Back in April 19,2004, a motion was approved by City Council to award contract to Bus Ads for a three year period, with an additional two one-year options. This contract commenced on June 1,2004 through May 3 1, 2007. The first year renewal option was approved by City Council on 5-7-07, and the second year renewal option was recently approved on 4-21-08.

El Metro has been pleased with the service provided by Bus Ads of Laredo and would like to continue the contract for the next ten years. Bus Ads estimates the total value of the contract extension to be $950,000.00

Bus Ads has expressed the desire to extend the contract agreement for an additional ten (10) years and El Metro believes it would be beneficial to the City of Laredo to have the contract extended.

FINANCIAL: Revenues will be deposited into the Advertising Revenue Account No. 558-0000-339-2001.

COk1MITTE.E RECO~lMENDATION: STAFF RECOMMEIYDATION: n/a Staff recommends approval of this motion.