AMENDED
CITY OF LAREDO CITY COUNCIL MEETING A-2008-R-20 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS 78040 OCTOBER 20, 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 the minutes of June 24, 2008 and July 7, 2008
V. COMMUNICATIONS AND RECOGNITIONS
Recognitions a. Recognition of Mr. Ricardo Rodriguez on his 100th Birthday Celebration.
b. Recognizing Bryan Weinetz from United High School, for winning the Texas State UIL 5A Boys Single Tennis Championship.
Communiqués
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
Appointment by Mayor Raul G. Salinas of Council Member Hector Garcia to the Civil Service Ad Hoc Committee in place of Council Member Dr. Michael Landeck.
VII. PUBLIC HEARINGS
1. Public hearing allowing interested persons to comment on the proposed amendment to the 2007 Consolidated One-Year Action Plan by reprogramming 24th, 25th, 26th 27th, 28th, and 29th Action Year (AY) Community Development Block Grant Fund balances totaling $150,000.00 to be used toward the design of a Recreational Complex at the Laredo Community College South Campus. CDBG fund balances proposed to be reprogrammed include:
24th AY , FY 1998 Community Development Block Grant (Fund Balances) Tinaja Chacon Pilot Channel $12,499.00 East Hachar Recreation Center $ 2,390.00 Total $14,889.00
25th AY , FY 1999 Community Development Block Grant (Fund Balances) Code Enforcement $ 4.00 Total $ 4.00
26th AY, FY 2000 Community Development Block Grant (Fund Balances) Community Development Administration $ 487.00 Housing Rehabilitation Administration $ 76.00 Code Enforcement $ 1,081.00 Graffiti Removal $ 1,244.00 Centro Iturbide Street Improvements $31,707.00 Ryan St. Railroad Bridge Improvements $ 1,184.00 Feasibility Study $ 1.00 Chacon Creek Improvements $ 1.00 Sidewalks $ 5,012.00 South Laredo Park $ 3,620.00 Riverfront Project $ 600.00 Total $45,013.00
27th AY, FY 2001 Community Development Block Grant (Fund Balances) Community Development Administration $ 6,388.00 Code Enforcement $ 645.00 Graffiti Removal $ 48.00 Ejido Street Extension $ 4,745.00 Inner City Park $ 1.00 Lafayette Linear Park $ 195.00 Total $12,022.00
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28th AY, FY 2002 Community Development Block Grant (Fund Balances) Housing Rehabilitation Administration $ 1,076.00 Code Enforcement $ 262.00 School Sidewalks $ 603.00 Zacate Creek Phases III, IV, V $34,937.00 Cielito Lindo Fire Station Ambulance $ 340.00 Hamilton Hotel Section 108 Loan Reimbursement $ 560.00 South Laredo Park - Phase II $ 1,082.00 El Cuatro Phase II $ 1.00 Farias Splash Playground $ 1.00 Total $38,862.00
29th AY, FY 2003 Community Development Block Grant (Fund Balances) Community Development Administration $ 1,659.00 Graffiti Removal $ 3.00 Sidewalks $ 4,528.00 Zacate Creek Park $ 2,838.00 Inner City Park – Phase II $ 117.00 S. Salvador Neighborhood Park $ 1.00 Lafayette Park Lighting $ 1.00 Eistetter Park $ 1.00 Farias Community Center $27,121.00 South Laredo Park Lighting $ 2,050.00 Riverfront Project $ 891.00 Total $39,210.00 Total of Funds to be Reprogrammed $150,000.00
2. Public hearing and introductory ordinance amending the City of Laredo Health Department Fiscal Year 2008-2009 annual budget by appropriating revenues and expenditures; and accepting a continuation grant from the Texas Department of State Health Services in the estimated amount of $4,545,028.00 [$4,125,795.00 (6008) and $419,233.00 (6009)] for the Women, Infants and Children (WIC) Program for the City of Laredo Health Department beginning October 1, 2008 through September 30, 2009.
3. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 2-4, Block 2, James Haynes Industrial Park Phase VI, and 2.68 acres, as further described by metes and bounds in attached Exhibit “A,” located north of Maria Luisa Drive and west of Bob Bullock Loop, from B-4 (Highway Commercial District) to B-3 (Community Business District). The Planning and Zoning Commission has recommended approval of the zone change. The proposed use is for multi-family purposes. District II
3 4. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 86.76 acres, as further described by metes and bounds in attached Exhibit "A", located east of the City Landfill and north of State Highway 359, from R-1 (Single Family Residential District) to M-1 (Light Manufacturing District). The Planning and Zoning Commission has recommended approval of the zone change. The proposed use is an industrial park. District II
5. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning the east 11.2 feet of Lot 2, Lot 3, the west 19 feet and the north 83.8 feet of the east 50 feet of Lot 4, Lot 6, Block 48, Eastern Division, located at 219 Market Street and 210 Cortez Street, from R-3 (Mixed Residential District) to B-4 (Highway Commercial District). The Planning and Zoning Commission has recommended approval of the zone change. The proposed use is for warehouse/retail. District III
6. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Special Use Permit for oil and/or gas extraction and a drilling permit for a well on 2.03 acres, as further described by metes and bounds in attached Exhibit “A,” located approximately 2,448 feet southwest of the proposed Valley Boulevard extension and approximately 525 feet north of the South Regional Wastewater Treatment Plant at Rio Bravo, Texas. The Planning and Zoning Commission has recommended approval of the Special Use Permit. The proposed use is for oil and/or gas extraction and a drilling permit for a well. District III
7. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 8,519.50 square feet from Lot 7, Block 70-B, Calton Gardens #2, located at 4602 Maryland Avenue, from R-1 (Single Family Residential District) to R-3 (Mixed Residential District). The Planning and Zoning Commission has recommended approval of the zone change. The proposed use is for a mobile home. District V
8. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 5.55 acres, as further described by metes and bounds in attached Exhibit "A", located east of FM 1472 and south of State Highway 255, from 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 for commercial purposes. District VII
9. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for Building Material Sales on Lot 1, Block 1, Prida Plat located at 7100 Santa Maria Avenue. The Planning and Zoning Commission has recommended approval of
4 the Conditional Use Permit. The proposed use is for building materials sales. District VII
10. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 22, Block 1, Santa Rita Unit IX, located at 219 Asturias Court, from R-2 (Multi-Family Residential District) to B-1 (Limited Business District). The Planning and Zoning Commission has recommended denial of the zone change. The proposed use is for commercial purposes. District III
11. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 1, Block 368, Western Division, located at 1802 San Bernardo Avenue, from B-3 (Community Business District) to B-4 (Highway Commercial District). The Planning and Zoning Commission has recommended denial of the zone change. The proposed use is for amusement redemption machines. District VIII
(Recess) (Press Availability)
VIII. FINAL READING OF ORDINANCES
12.
2008-O-209 Amending the City of Laredo Health Department Fiscal Year 2008-2009 annual budget by appropriating revenues and expenditures in the amount of $24,750.00 from the University of Texas Health Science Center at San Antonio for the contribution of the Department’s South Family AIDS Network Grant, award period beginning August 1, 2008 through July 31, 2009, to provide patient care for HIV/AIDS patients.
2008-O-210 Accepting a grant of $40,000.00 from South Texas Development Council to be used for a litter reduction campaign and household hazardous waste collection of fluorescent light bulbs; and amending the City of Laredo Annual Budget for Fiscal Year 2008-2009 for Environmental Services to appropriate the said amount for the relevant expenditure accounts.
2008-O-211 Amending the City of Laredo Health Department FY 2008-2009 budget by increasing revenues and expenditures in the amount of $300,000.00 for dental care personnel and operations for the City of Laredo Health Department; correcting the amount of the one (1) time initial contract for construction from $1,000,000.00 to $1,300,000.00 from the Health and Human Services Commission (HHSC) through the University of Texas Health Science Center Dental School; extending the contract from an end date of August 31, 2008 to August 31, 2009;
5 and, amending the full-time equivalent positions The total award amount is $1,600,000.00 for a four (4) year period with a start date for operations and personnel of September 1, 2008, renewable annually.
2008-O-212 Amending Chapter 32, Vehicle for Hire, Article II, Taxicabs, Operating Authority, Section 32-22, Initial application for annual permit, of the Code of Ordinances of the City of Laredo, adding subsection (o) requiring that all taxicab permit owners shall attend a mandatory annual meeting to be held by staff to review vehicle for hire taxicab current and new additions, amendments to ordinance before taxicab permits are issued or renewed and to provide for severability, publication and an effective date.
IX. RESOLUTIONS
13. 2008-R-122 Accepting the donation of a sanitary sewer easement from Target Corporation, a Minnesota Corporation, in order to install and maintain an eight inch (8”) sanitary sewer line out of a fifteen (15) wide easement. Said easement consisting of 0.0837 acres, more or less, being a portion of Lot 2A, Block 1, Ponderosa Commercial Unit 4 addition, to the City of Laredo, as recorded in Document No. 1009157, Volume 2611, PP 824-828 an official property record of Webb County Texas; and described by metes and bounds and survey attached as Exhibits A and B.
14. 2008-R-124 Accepting the donation of a utility easement from Carmel Apartments, Ltd., a Texas Limited Partnership, for installation and maintenance of utility lines; and copy of the conveyance of said easement is attached as Exhibit 1 of this resolution, and the metes and bounds description of the 1.1354 acre utility area is provided in Exhibit A of said Exhibit 1.
15. 2008-R-125 Accepting the donation of one (1) utility easement from Marco A. Rodriquez, Jr. and wife, Cristina G. Rodriquez, for Rancho Peñitas West Subdivision Easement Acquisition Project, being a 0.10 acre of land, more or less out of 4.12 acres, as recorded in Volume 701, Page 485-487, Deed Records of Webb County, Texas, situated in Porcion 8, Blas M. Diaz, Abstract 40, Webb County, Texas and being more particularly described by Metes and Bounds and Survey hereby; attached, as Exhibits “A” and “B”, respectively.
16. 2008-R-126 Accepting the donation of one (1) utility easement from Raul Dominquez, Rogelio Dominquez, Jr., Rene Dominquez, Ruben Dominquez, Juan Jose Dominquez, Reyna Dominquez Loza (formerly Espinoza), and Rosa Chandarlis, for Rancho Peñitas West Subdivision Easement Acquisition Project, being a 0.22 acre of land, more or less out of 10.17 acres, as recorded in Volume 9, Page 53, Official Property Records of Webb County, Texas, situated in Porcion 8, Blas M. Diaz, Abstract 40, and Porcion 9, Blas M. Diaz, Abstract
6 41, Webb County, Texas and being more particularly described by Metes and Bounds and Survey hereby; attached, as Exhibits “A” and “B”, respectively.
17. 2008-R-127 Authorizing the City of Laredo to enter into a purchase contract with Laredo Fence Material in the amount of $75,805.22 for the purchase of fencing material for the Slaughter Park Little League Baseball Fields utilizing the local bidder’s preference pursuant to section 271.905 of the State of Texas Local Government Code; whereas the City Council finds that Laredo Fence Materials offers the best combination of contract price and additional economic development opportunities to residents in the City of Laredo and increased tax revenues.
18. 2008-R-128 Accepting the donation of a drainage easement for the Laurel Drive/Dellwood Drive Drainage Improvements Project from the United Independent School District, said drainage easement consisting of 0.1635-acre tract of land more or less, out of Lot 1, Block 1, United Independent School District Central Administration Complex Plat, as recorded in Vol. 15, Page 45, Plat Records of Webb County, Texas, and being more particularly described by Metes and Bounds and Survey hereto; attached, as Exhibits “A” and “B” of Exhibit 1.
19. 2008-R-129 Accepting the donation of one (1) utility easement from Calixto Seca and wife, Uvence Seca for Rancho Peñitas West Subdivision Easement Acquisition Project, being a 0.22 acre of land more or less, out of 10.17 acres as recorded in Volume 1020, Pages 174-176, Real Property Records of Webb County, Texas, situated in Porcion 8, Blas M. Diaz, Abstract 40, and Porcion 9, Blas M. Diaz, Abstract 41, Webb County, Texas, and being more particularly described by Metes and Bounds and Survey hereby; attached, as Exhibits “A” and “B”, respectively.
20. 2008-R-130 Consideration to authorize the City Manager to submit a grant application to the South Texas Development Council (STDC) in the amount of $80,000.00. Funds will be used to buy a wood chipper for $80,000.00 that will be used to mulch branches on city streets to help reduce collection and transportation costs.
X. MOTIONS
21. Prioritizing the approved legislative agenda in preparation for the 81st Legislative Session of the State of Texas.
22. Authorizing the City Manager to contract with the following consulting firms for intergovernmental, informational, and advocacy services to be provided to the City of Laredo for the period beginning October 1, 2008 through September 30, 2009. Funding is available in General Fund, Bridge Fund, and Information Technology Fund.
7
• McWilliams & Associates (Andrea McWilliams), Austin, Texas, in the amount of $66,000.00; • Miller & Van Eaton, P.L.L.C. (Gerry Lederer), Washington, D.C., in the amount of $90,000.00, plus $11,550.00 out of pocket expenses; • Government Relations, Inc. (Allynn Howe), Oakton, Virginia, in the amount of $90,000.00, plus $5,000.00 out of pocket expenses.
23. Approving the monthly adjustments to the tax roll. The amounts to be adjusted for the month of September 2008, represent a decrease of $48,920.48. These adjustments are determined by Webb County Appraisal District and by court orders.
24. Consideration to authorize a contract with Kustom Signals, Lenexa, KS, c\o RZ Communications, for the purchase of thirty two (32) police radars in the total amount of $55,082.56. These radar units will be purchased through the Houston Galveston Area Council of Governments (H-GAC) cooperative purchasing program contract number EF04-07. Funding is available in the 2008 Contractual Obligation Bond Proceeds and Capital Improvement Fund reserves.
25. Consideration to award contract number FY08-124 to the low bidder, Nationwide Demolition, LLC, Forth Worth, Texas in the amount of $59,297.50 for demolition of thirteen (13) substandard structures. Funding is available in the Building’s General Fund.
26. Consideration to renew contract FY07-124 currently awarded to Rafter P. Transport, New Braunfels, Texas, in the estimated amount of $231,250.00 for providing hauling and disposal services of wastewater bio-solids for the Utilities Department. Funding is available in the department’s budget.
27. Consideration to renew contract FY08-064 currently awarded to Screen Crushed Concrete, Laredo, Texas, in the estimated amount of $359,000.00 for the purchase of flexible base crushed concrete. All materials are purchased on an as needed basis utilizing the Public Works Department, Utilities Department, and construction project budgets.
28. Consideration to award of supply contract number FY09-001 to Leyendecker Materials, Laredo, Texas, in the estimated amount of $195,000.00, for the purchase of MS1, MS2, and MC-30 emulsified asphalt oils used for street paving projects. The term of this contract is for a one (1) year period and is subject to availability of funds. All materials are purchased on an as needed basis utilizing the construction project budgets.
29. Consideration for approval of Amendment No. 1 to Seca Engineering, L.L.C., Laredo, Texas, for an amount not to exceed $170,700.00 for the design and
8 preparation of plans and specifications for the Markley/Santa Maria Drainage, Phase-3 (along San Bernardo Avenue and Chicago Street). Total contract amount including this amendment is $282,200.00. Funding is available in the 2007 Contractual Obligation Bond Proceeds.
30. Consideration for approval of amendment No. 1 an increase of $95,250.00 for additional architectural and engineering services for the additional inspection station expansion lanes at the secondary inspection area and at the exit area as recommended by the General Services Administration and U.S. Customs and Border Protection to the professional services contract with FQR Architects, Inc., Laredo, Texas, for the World Trade Bridge Toll Inspection Facility Expansion. Funding is available in the Bridge System Fund – Capital Grants – GSA Toll Booths.
31. Consideration for approval of change order No. 1 an increase of $33,707.60 to accommodate the use of pre-cast boxes in lieu of cast-in-place to expedite the construction process and to add ten (10) working days to the construction contract with Closner Construction Company, Laredo, Texas, for the Flecha Lane Drainage Improvements. Current construction contract amount is $473,585.10. Funding is available in the Environmental Services – 2007 Contractual Obligation Bond Proceeds.
32. Consideration for approval to award a professional services contract to Porras Nance Engineering, Laredo, Texas, for an amount not to exceed $110,000.00 for the design and preparation of plans and specifications for the India Avenue Drainage Project. Design work is to be done on a fast track basis. Funding is available in the 2007 Contractual Obligation Bond Proceeds.
33. Approval of a contract with Crane Engineering, Corporation, Laredo, Texas in the amount of $96,519.00 to serve as project engineer for the construction phase services of the Texas Water Development Board EDAP Colonias Pueblo Nuevo – Wastewater Collection and Water Distribution Improvements Project. This project requires that they provide “Bid Letting Services”, “As-Built” field surveys and to provide coordinates on “As-Built” plans. This is subject to the approval of the TWDB. Funding is available in the Colonias Project Fund.
34. Consideration to award a contract for concession services at the Benavides Softball Complex and all municipal swimming pools to Mrs. Estela Zapata, DBA Zapata Restaurant for a period of one (1) year with an option to renew for two (2) additional one (1) year terms. This vendor was the sole bidder and is recommended based on the price structure provided during the bid process. The agreement is expected to provide a monthly rental income of $500.00 at the Benavides Softball Complex and all municipal swimming pools.
9 XI. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS
35.
A. Request by Council Member Mike Garza 1. Discussion with possible action on creating a classification system as required by the Civil Service.
B. Request by Council Member Hector Garcia 1. Presentation by the TAMIU Non Profit for Excellence representatives on their certification training program, and their request to the City of Laredo for financial support to end and start the fiscal year, with possible action.
C. Request by Council Member Gene Belmares 1. Discussion with possible action on appropriating Discretionary Funds for speed humps on Broadcrest Drive between Berkley Road and Del Mar Boulevard.
2. Discussion with possible action on a permanent alternative on the intersection of Jordan Drive and Springfield Avenue.
D. Request by Mayor Pro-Tempore Jose A. Valdez, Jr. 1. Discussion with possible action regarding the general right of way and easement maintenance schedule for the City of Laredo.
2. Discussion with possible action regarding the finalization of the City of Laredo Drug and Alcohol Commission.
3. Discussion with possible action regarding the re-establishment of the Vehicles for Hire Ad Hoc Committee. (Co-sponsored by Council Member Cynthia Liendo Espinoza.)
E. Request by Council Member Cynthia Liendo Espinoza 1. Discussion with possible action on instructing staff to look into the possibility of reopening the Intersection of Zaragoza and Flores Street.
2. Discussion with possible action on providing funding for the purchase of a new trolley to be used in the Downtown area.
3. Discussion with possible action on activating current trolley for use in the downtown area on specific route at no charge to the public.
XII. STAFF REPORT
36. Presentation by Geoffrey Gay of Lloyd Glosslick as it relates to electricity, with possible action.
XIII. 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.
XIV. RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THE LAREDO MASS TRANSIT BOARD
37. 2008-RT-008 Authorizing the City of Laredo to file an application, accept and execute with the U. S. Department of Transportation, Federal Transit Administration, Section 5309 earmark E-2006-BUSP-972, in the amount of $680,130.00 in federal match, and $170,034.00 in local match for improvements to Laredo Transit Hubs; and authorizing the City Manager to execute all related documents.
XV. ADJOURN AS THE LAREDO MASS TRANSIT BOARD AND RECONVENE AS THE LAREDO CITY COUNCIL AND ADJOURN
This notice was posted at the Municipal Government Offices, 1110 Houston Street, Laredo, Texas, at a place convenient and readily accessible to the public at all times. Said notice was posted on Thursday, October 16, 2008 at 5:00 p.m.
Gustavo Guevara, Jr. City Secretary
2 COUNCIL COMMUNICATION
DATE: SUBJECT: PUBLIC HEARING 10-20-08 Allowing interested persons to comment on the proposed amendment to the 2007 t th th h th th Consolidated One-Year Action Plan by reprogramming 24 h, 25 , 26 2i , 28 , and 29 Action Year (AY) Community Development Block Grant Fund balances totaling $150,000 to be used toward the design ofa Recreational Complex at the Laredo Community College South Campus. CDBG fund balances proposed to be reprogrammed include:
24th AY , FY 1998 Community Development Block Grant (Fund Balances)
Tinaja Chacon Pilot Channel $12,499.00 East Hachar Recreation Center $ 2,390.00 Total $14,889.00 25th AY, FY 1999 Community Development Block Grant (Fund Balances) Code Enforcement $ 4.00 Total $ 4.00 26th AY, FY 2000 Community Development Block Grant (Fund Balances) Community Development Administration $ 487.00 Housing Rehabilitation Administration $ 76.00 Code Enforcement $ 1,081.00 Graffiti Removal $ 1,244.00 Centro Iturbide Street Improvements $31,707.00 Ryan St. Railroad Bridge Improvements $ 1,184.00 Feasibility Study $ 1.00 Chacon Creek Improvements $ 1.00 Sidewalks $ 5,012.00 South Laredo Park $ 3,620.00 Riverfront Project $ 600.00 Total $45,013.00 27th AY, FY 2001 Community Development Block Grant (Fund Balances) Community Development Administration $ 6,388.00 Code Enforcement $ 645.00 Graffiti Removal $ 48.00 Ejido Street Extension $ 4,745.00 Inner City Park $ 1.00 Lafayette Linear Park $ 195.00 Total $12,022.00 28th AY, FY 2002 Community Development Block Grant (Fund Balances) Housing Rehabilitation Administration $ 1,076.00 Code Enforcement $ 262.00 School Sidewalks $ 603.00 Zacate Creek Phases III, IV, V $34,937.00 Cielito Lindo Fire Station Ambulance $ 340.00 Hamilton Hotel Section 108 Loan Reimbursement $ 560.00 South Laredo Park - Phase II $ 1,082.00 El Cuatro Phase II $ 1.00 Farias Splash Playground $ 1.00 Total $38,862.00 COUNCIL COMMUNICATION
29th AY, FY 2003 Community Development Block Grant (Fund Balances) Community Development Administration $ 1,659.00 Graffiti Removal $ 3.00 Sidewalks $ 4,528.00 Zacate Creek Park $ 2,838.00 Inner City Park - Phase II $ 117.00 S. Salvador Neighborhood Park $ 1.00 Lafayette Park Lighting $ 1.00 Eistetter Park $ 1.00 Farias Community Center $27,121.00 South Laredo Park Lighting $ 2,050.00 Riverfront Project $ 891.00 Total $39,210.00
Total of Funds to be Reprogrammed $150,000.00 INITIATED BY: STAFF SOURCE: Cynthia Collazo Thelma Acosta Deputy City Manager Community Development Director PREVIOUS COUNCIL ACTIONS: 8/4/2008: Council approved designating $150,000.00 in reprogrammed project fund balances from CDBG Funds as a contribution towards the LCC South Campus Recreational Complex Project and requested that staff prepare a sub recipient agreement as required by the Department ofHousing and Urban Development. BACKGROUND: t th th h t th Staff is proposing to reprogram a total of $150,000.00 in 24 h, 25 , 26 2i , 28 h, and 29 Action Year (AY) Community Development Block Grant Fund balances, and utilize the $150,000.00 for the design of a Recreational Complex at the Laredo Community College South Campus. The design of the Recreational Complex will include tennis courts, soccer fields, a woman's softball field, a baseball field, a soft surface jogging trail, a restroom/storage building, infrastructure improvements, irrigation, a basketball court, perimeter fencing, lighting and other related amenities. The City will enter into an inter-local agreement with Laredo Community College (LCC) for use of the Complex. LCC also plans to enter into an agreement with Webb County to obtain an additional $200,000 in funding for the construction of the facility. LCC will also allocate $1.2 to $1.6 million in bond funds for the construction of the facility. The total estimated cost for the facility construction is $2.5 million. Continued on pa~e 3 FINANCIAL IMPACT: Funds to be Reprogrammed: Total 24th AY CDBG fund balances $14,889.00 Total 25th AY CDBG fund balances $ 4.00 Total 26th AY CDBG fund balances $45,013.00 Total 27th AY CDBG fund balances $12,022.00 Total 28th AY CDBG fund balances $38,862.00 Total 29th AY CDBG fund balances $39,210.00
TOTAL FUNDS TO BE REPROGRAMED: $150,000.00 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A That this public hearing be held. COUNCIL COMMUNICATION
Continued from page 2
A substantial amendment regarding the use of CDBG funds requires that citizens be informed ofthe proposed changes and be provided an opportunity to comment.
In adherence with the Citizens Participation Plan, citizens will be given 30 days, beginning September 22, 2008 through October 22, 2008 to provide oral and/or written comments. Comments must be forwarded to Ms. Thelma Acosta, Community Development Director at the Department of Community Development, 1301 Farragut, Transit Center Building, 3rd Floor, East Wing, Laredo, Texas 78042. COUNCIL COMMUNICATION DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE Amending the City ofLaredo Health Department FY 2008-2009 annual budget by 10/20/2008 appropriating revenues and expenses; and accepting a continuation grant from the Texas Department of State Health Services to the estimated amount of $4,545,028.00 [$4,125,795.00 (6008) and $419,233.00 (6009)] for the Women, Infants, and Children (WIC) Program for the City of Laredo Health Department beginning October 1,2008 through September 30,2009. INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy City Manager Health Director PREVIOUS COUNCIL ACTION: On June 16, 2008, Council approved Ordinance 2008-0 124. BACKGROUND:
The Texas Department of State Health Services has contracted with the City of Laredo to continue to provide public health services to residents of Webb, Duval, Jim Hogg and Zapata Counties through the City of Laredo Health Department for wellness and nutrition services and food commodities in our WIC program.
The Women, Infants and Children "WIC" Program provides health screening, nutrition education and counseling, breastfeeding education and counseling, supplemental food vouchers, referrals to other programs, and immunizations at no cost to low income eligible residents who are pregnant, lactating, infants, and children to age five who are identified to have a nutritional risk. The Program will distribute to eligible residents approximately $11,088,480.00 in federally funded food vouchers this fiscal year.
The estimated budget for the WIC Program (6008 HEWI01) is based on the following:
Caseload: 304850 $12.36 3,767,946.00 Immunizations 215,348.00 Incentive Funding: $2,000 X 12 = 24,000.00 Supplemental (Breast-Fecding)Funding: 118,501.00 TOTAL 4,125,795.00
The estimated budget for the WIC-Counties Expansion (6009 HEWC01) is based on actual cost.
FINANCIAL: The City of Laredo will receive up to the estimated amount of $4,545,028.00 [$4,125,795.00 (6008 HEWI01) and $419,233.00 (6009 HEWC01)] in funds from the Texas Department ofState Health Services for the Women, Infants and Children (WIC) Program ofthe City ofLaredo Health Department for the period beginning October 1, 2008 through September 30, 2009. The revenue account for $4,125,795.00 is 226-0000-323-4037 and expenditure division 226-6008 HEWIOl. The revenue account for $419,233.00 is 226-0000-323-4003 and expenditure division 226-6009 HEWCOl. RECOMMENDATION: STAFF: Recommends that Council introduce the Ordinance. Women, Infants and Children (WIC) 226-6008 HEWIO1 BUDGET
TDSHSGRANT REVENUE $ 4,125,795
TOTAL $ 4,125,795
PERSONNEL $ 2,264,021 FRINGES 004,569 TRAVEL 30,000 EQUPMENT 11,000 SUPPLIES 212,000 CONTRACTUAL 500 OTHER 001,154 RESERVE APPROPRIATION 12,551 TOTAL $ 4,125,795
WIC Counties Expansion 226-6009 HEWCOI
TDSHSGRANT REVENUE $ 419,233
TOTAL $ 419,233
PERSONNEL $ 193,825 FRINGES 80,956 TRAVEL 6,000 EQUPMENT 0 SUPPLIES 41,369 CONTRACTUAL
OTHER 87,000 RESERVE APPROPRIATION 10,083 TOTAL $ 419,233 ORDINANCE
AMENDING THE CITY OF LAREDO HEALTH DEPARTMENT FY 2008-2009 ANNUAL BUDGET BY APPROPRIATING REVENUES AND EXPENSES; AND ACCEPTING A CONTINUATION GRANT FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO THE ESTIMATED AMOUNT OF $4,545,028.00 [$4,125,795.00 (6008) AND $419,233.00 (6009)] FOR THE WOMEN, INFANTS, AND CHILDREN (WIC) PROGRAM FOR THE CITY OF LAREDO HEALTH DEPARTMENT BEGINNING OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009.
WHEREAS, the Texas Department of State Health Services has contracted with the City of Laredo to provide public health services to residents of Webb, Duval, Jim Hogg, and Zapata Counties for the Women, Infants and Children (WIC) Program through the City ofLaredo Health Department; and
WHEREAS, the Women, Infants and Children "WIC" Program provides health screening, nutrition education and counseling, breastfeeding education and counseling, supplemental food vouchers, referrals to other programs, and immunizations at no cost to low income eligible residents who are pregnant, lactating, infants, and children to age five who are identified to have a nutritional risk. The Program will distribute to eligible residents approximately $11,088,480.00 in federally funded food vouchers this fiscal year; and
WHEREAS, the estimated budget for the WIC Program (6008 HEWI01) is based on the following:
Caseload: 304850 $12.36 3,767,946.00 Immunizations 215,348.00 Incentive Funding: $2,000 X 12 = 24,000.00 Supplemental (Breast-Feeding)Funding: 118,501.00 TOTAL 4,125,795.00
and the estimated budget for the WIC-Counties Expansion (6009 HEWC01) is based on actual cost; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: The City Manager is hereby authorized enter into a contract with the Texas Department of State Health Services and accept the grant to the estimated amount of $4,545,028.00 [$4,125,795.00 (6008 HEWI01) and $419,233.00 (6009 HEWC01)] in funds from the Texas Department of State Health Services for the Women, Infants and Children (WIC) Program ofthe City ofLaredo Health Department for the period beginning October 1, 2008 through September 30, 2009.
Section 2: The revenue accounts are 226-0000-323-4037 ($4,125,795.00) and 226 0000-323-4003 ($419,233.00).
Section 3: The expenditure divisions are 226-6008 HEWI01 ($4,125,795.00) and 226-6009 HEWC01 ($419,233.00).
Section 4: The City Manager is hereby authorized to make transfers within the budget as allowable 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.
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: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City ofLaredo by rezoning Lots 2-4, Block 10/20/08 2, James Haynes Industrial Park Phase VI, and 2.68 acres, as further described by metes and bounds in attached Exhibit "A," located north ofMaria Luisa Drive and west ofBob Bul Item # lock Loop, from B-4 (Highway Commercial District) to B-3 (Community Business Dis trict). The Planning and Zoning Commission has recommended approval ofthe zone change.
ZC-61-2008 Initiated by: Staff source: Puig Engineering Keith Selman, Planning Director Haynes LTD. Prior action: On September 18, 2008, the Planning and Zoning Commission voted to postpone this item time uncertain. BACKGROUND
Council District: II - Hector J. Garcia
Proposed use: Multi-Family
Site: The site is vacant.
Surrounding land uses: To the north lie Paul Young Chrysler, Jeep and Dodge, Value Place, Valero Stripes, MS Renal Care, Iguaza Falls Condos, the future RSC Equipment Rental, and vacant lots. To the east are vacant lots, Conoco, and the future Plaza Galeria Strip Mall. To the south lie vacant lots, KLDO Univision station, LHCT Training Center, 359 Plaza, Condos, Gozalez Auto Parts, Whata burger, United ISD Curriculum and Instruction, Falcon Bank, EZ Pawn, and Laredo-Webb NHS. To the west is vacant land.
Comprehensive Plan: The Comprehensive Plan identifies this area as Retail/Office.
Transportation Plan: The Long Range Thoroughfare Plan does not identify Maria Luisa Drive and identifies Bob Bullock Loop as an Expressway.
Letters sent to surrounding property owners: 7 In Favor: 0 Opposed: 0
STAFF COMMENTS
Staffsupports the proposed zone change. A B-3 designation would be consistent with the Comprehensive Plan's designation ofthis area as Retail/Office.
P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 8 to 0 vote, recommended Staff supports 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? The existing land use pattern is commercial in nature.
Would this change create an isolated zoning district unrelated to surrounding districts? No, the surrounding zone district is B-4 which hosts a variety ofcommercial activities.
Will change adversely influence living conditions in the neighborhood? No, the proposed B-3 district will buffer the R-1 district northwest ofthe site from the B-4 district south ofthe site.
Are there substantial reasons why the property can not be used in accord with existing zoning? Yes, the current zoning district only allows for commercial uses.
Page 2 of 2 ORDINANCE NO. 2008-0-
AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING LOTS 2-4, BLOCK 2, JAMES HAYNES INDUSTRIAL PARK, PHASE VI, AND 2.68 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A,", LOCATED NORTH OF MARIA LUISA DRIVE AND WEST OF BOB BULLOCK LOOP, FROM B-4 (HIGHWAY COMMERCIAL DISTRICT) TO B-3 (COMMUNITY BUSINESS DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.
WHEREAS, a zone change has been requested by the owners ofLots 2-4, Block 2, James Haynes Industrial Park, Phase VI, and 2.68 acres, as further described by metes and bounds in attached Exhibit "A,", located north ofMaria Luisa Drive and west ofBob Bullock Loop, from B-4 (Highway Commercial District) to B-3 (Community Business 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 October 2, 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 October 20, 2008, on the request 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 Lots 2-4, Block 2, James Haynes Industrial Park, Phase VI, and 2.68 acres, as further de scribed by metes and bounds in attached Exhibit "A,", located north ofMaria Luisa Drive and
1 west ofBob Bullock Loop, from B-4 (Highway Commercial District) to B-3 (Community 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
ATTEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY
BY: KRISTINA L. HALE ASSISTANT CITY ATTORNEY
2 Maria Luisa & Loop 20 ReZOI 'rom B-4 (Highway Commercial trict) to B-3 (Community Business District) ~ ZC-61-2008 NORTH ---- 1D
------~------.---~----~---~-_/--,/' , "
/ UNPLATTED R-1
2
• 60'
UNPLATTED
--
UNPLATTED UNPLATTED B-3
M-1
1 inch equals 267 feet
ZONE DISTRICTS City of Laredo I2QQJ ZC-61-2008 ~ -J Zone Districts GIS Division R·1 ZONE
ELOY B. MORENO, ET AL REMAINING ACRES OUT OF A 66.50 ACRE TRACT OF LAND B-4Z0NE AS RECORDED IN VOL. 3, PGS.415-416 Lot 2 111TH JUDICIAL DISTRICT MINUTES Block 2 WEBB COUNTY, TEXAS FEBRUARY 13, 1940 JAMES HAYN~S INDUSTRIAL PARK UNIT VI AS RECO(IDED IN VOL. 24, PGS. 63 WEBB qOUNTY PLAT RECORDS § co 'CTOBER 5. 2004 i\i~ Lot 4 0"" Block 2 ;;;9 Lot 3 Block 2 .b !IE ~ o'"
Lot 1 Block 2
--- MARIA LUISA DRIVE; ------Lot2-A ---- )·4 ZONE Block 1 Lot 3 Block 1 JAMES HAYNES INDUSTRIAL PARK JAMES HAYNES UNIT III AS RECORDED IN VOL. 20, PGS. 82 54.5 ACRE TRACT OF LAND WEBB COUNTY PLAT RECORDS VOL. 234. PGS. 576-578 OCTOBER 5, 2004 WEBB COUNTY DEED RECORDS AUGUST 16. 1954
Zone Change B-4 to B·3 LOT 24, BLOCK 2, .JAMES HAYNES INDUSTRIAL PARK UNIT VI, AND A 2.68 ACRE UNPLATTED TRACT OF LAND CIVIl. ENGINEERING CONSUl.TANTS DON DURDEN, INC.
SAN ANTONIO' LAREDO
ZONE CHANGE B-4 TO B-3 LEGAL DESCRIPTION 2.68 ACRES
A tract of land containing 2.68 acres (116,740 sq.ft.) of land, more or less situated in Haynes Tract 54.5 acre tract, recorded in Volume 234, Pages 576-578 of the Webb County Deed Records, City of Laredo, Webb County, Texas. Said 2.68 acre tract being more particularly described by metes and bounds as follows:
BEGINNING at the northeast corner of said tract of land and also being the northwest corner of James Haynes Industrial Park VI Block 2 Lot 4, recorded in Volume 24, Page 63, Webb County Plat Records;
Thence, South 45° 16'06" West along the south line of Eloy B. Moreno, ET AL as recorded in Volume 3, Pages 415-416, Webb County, Texas, a distance of 583.90 feet to the northwest corner of said tract;
Thence, South 49°41'41" East, a distance of 278.75 feet to southwest corner of said tract and for a non-tangent point of curvature to the right;
Thence, along said curve to the right with a radius of 535.00 feet, a delta of 37.75°, a chord of 346.18 feet and chord bearing of North 41°58'29" East and North East along the north right-of-way line of Maria Luisa Drive (60 foot wide right-of-way) of James Haynes Industrial Park Unit III, recorded in Volume 18, Page 87, Webb County Map Records, an arc length of 352.53 to southeast tract of said tract;
Puig E:n~neering Ii) 9652 MCPHER50N RD.,. 5\117E 7 • L Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City ofLaredo by rezoning 86.76 acres, as 10/20/08 further described by metes and bounds in attached Exhibit "A", located east ofthe City Landfill and north of State Highway 359, from R-I (Single Family Residential District) to Item # M-I (Light Manufacturing District). The Planning and Zoning Commission has recom mended approval ofthe zone change. ZC-57-2008 Initiated by: Staff source: Hurd Urban Developement Keith Selman, Planning Director Meija Engineering Prior action: None. BACKGROUND Council District: II Hector J. Garcia Proposed use: Industrial Park Site: The site is vacant. Surrounding land uses: The site is surrounded to the north and south by vacant land. To the east lie a small colonia development, Ramirez Grocery, and The New Desperados Billiards. To the west are four manufactured housing units, a single family residence, a mechanics garage, Wilson, Guardian Rental Tools, Laredo Salvage Pools, Fast Freight, and GM Trucks and Equipment. Comprehensive Plan: The Comprehensive Plan identifies this area as Retail/Office, Medium Den sity Residential, and Low Density Residential. Transportation Plan: The Long Range Thoroughfare Plan identifies State Highway 359 as an Ex pressway. Letters sent to surrounding property owners: 8 In Favor: 0 Opposed: 0 STAFF COMMENTS Staffsupports the proposed zone change. An M-1 district, although not in conformance with the Comprehensive Plan, adheres to the approved master plan for this area: Las Lomas Indus trial Park. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P&Z Commission, in a 5 to 0 vote, recommended Staff supports the proposed zone change. approval ofthe zone change. Page 1 of 2 COUNCIL COMMUNICATION IMPACT ANALYSIS M-l (Light Manufacturing District): The purpose ofthe M-I is to encourage the development of manufacturing and wholesale business establishments which are clean, quiet and free ofhazardous 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? The surrounding land use pattern north ofState Highway 359 is primarily vacant, and the land use pattern south ofState Highway 359 is commercial in nature. Would this change create an isolated zoning district unrelated to surrounding districts? No, there is an M-I district north ofthe site and an M-2 district west ofthe site. Will change adversely influence living conditions in the neighborhood? Yes, the uses permitted in an industrial designation may negatively influence the proposed residential areas east and south ofthe site. Are there substantial reasons why the property can not be used in accord with existing zoning? Yes, the current zoning only allows for residential uses. Page 2 of 2 ORDINANCE NO. 2008-0- AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 86.76 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A," LOCATED EAST OF THE CITY LANDFILL AND NORTH OF STATE HIGHWAY 359, FROM R-l (SINGLE FAMILY RESIDENTIAL DISTRICT) TO M-l (LIGHT MANUFACTURING DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a zone change has been requested by the owners of86.76 acres, as fur ther described by metes and bounds in attached Exhibit "A," located east ofthe city landfill and north ofState Highway 359, from R-l (Single Family Residential District) to M-l (Light Manufacturing 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 September 18, 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 October 20, 2008, on the request 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 86.76 acres, as further described by metes and bounds in attached Exhibit "A," located east ofthe city landfill and north ofState Highway 359, from R-l (Single Family Residential District) to M-l (Light Manufacturing District). 1 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 ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY BY: KRISTINA L. HALE ASSISTANT CITY ATTORNEY 2 East of Landfill e from ~-1 (Single Family Restial) ~ to M-1 (Light Manufacturing District) ...... ZC-57-2008 _ NORTH City Landfill M-2 1 inch equals 1,049 fee ZONE DISTRICTS City of Laredo ~ ZC-57-2008 -:. -J Zone Districts GIS Division ~~ \ (3 ,g ~ w '-'Z ~ is o0: ,-V> ':E :J /:. G 1---- 584'.34'5.3"£ - 101 0.00' CIT\ {)F L.AHH:\\' \ ~5\221;;2 ACr.. LJ\IWIF\lJ, TfIJV. r I\~~ f'H'l ::;:PEClAL Wl\Hnl\\ n \ L{)J ':, HE":: (lH{:fT) li\ VI)UlMI: :'.~;? FN' ',I :':'~ \~ <0 if!' ,..,o WU;F~ ;"(\utrr! (>1:::[(\ 1\1'":(.1 +:V'; 1" \\\\\,!1 fl.:", 1 N 0 , I;';' N I \1\ (V' " ,..: ~ I iI,\] " ,j to' 0 7 u ~" ~ z o \;1"1;.' I) V I 1"\,\ It,,:, <-l 1 t! .. z '" ~w :z::'" POINT 8 GINNING 1 or t "o 60: in 0 ,. N Vl in ".:" o oz ~_, in" N /:. (' u ( Tangent: :;74.57 '" Cl'lord: 739.24 44 57 course: S 81_ - 51 £ ArC length: 742. 0 B1 Ractius: 228 . 09 NB9'1 S':;:;"!:: De\to: 18-39 - 668.0 " -C"~-4""..s 2 6>6'; """"- ~ N7 '4$'25"W _ 7.5$' .....~C".r Sr"" r£:~w_~_249 ~ 89 """'-~-"" 35 ---~------58S'S2'46"W 16:;3. ' CiTy liMITS ORDINANCE No, 63-0- '6 (",- "" y 9 3d "Tangent: 446.44 Chord: 1181.78 r"ilf'I::P' \'tJ R'\_3B-17 W l-OMAS INDUSTFUAL- PARK LAS PHASe: I LEGAL DESCRIPTION 0.03 Acre Tract A Tract ofLand containing 0.03 Acres, more or less, situated in Porcion 31 , Jose Trevino, Original Grantee, Abstract 3116, Webb County, Texas. Said 0.03 acres being out ofa 37.26 Acre Tract as described in a deed to Laredo Hills, Ltd. as recorded in Volume 2021, pages 63 68, Webb County Deed Records, Webb County, Texas. Commencing at a W' iron rod found being the northeast comer ofthe U.I.S.D. Student Activity Complex/Educational Support Center Plat as recorded in Volume 21, Page 43-44, Webb County Plat Records, Webb County, Texas; Thence, S 82°26'40" E, along the City Limits Annexation Line by Ordinance No. 95-0-291, a distance of233.79 feet to a W' iron rod set for the southwest comer and THE POINT OF BEGINNING ofthis tract; Thence, N 08°09'17" E, a distance of 135.0 feet to a W' iron rod set for the northwest comer of this tract; Thence, S 82°26'40" E, a distance of9.09 feet to a W' iron rod set for the northeast comer ofthis tract; Thence, S 08°09'17" W, along the Annexation Line Ordinance No. 2005-0-322, a distance of 135.0 feet to a W' iron rod set for the southeast comer ofthis tract; Thence, N 82°26'40" W, along the Annexation Line Ordinance No. 95-0-291 a distance of9.09 feet to return to the "POINT OF BEGINNING" ofthis Tract containing a total of0.03 acres, more or less. ***BASIS OF BEARING FOR THIS LEGAL DESCRIPTION IS THE TEXAS STATE PLANE NAD 83(NORTH AMERICAN DATUM 83) TEXAS SOUTH 4205*** I, GILBERT L. CADE, III, R.P.L.S. A PROFESSIONAL LAND SURVEYOR IN THE STATE OF TEXAS, HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION CORRECTLY REPRESENTS THE RESULT OF AN ACTUAL SURVEY OF THE PROPERTY MADE UNDER MY SUPERVIS1@N ,. ·s-~;''l_'';'·~~- GILBERT L. CADE, III, R.P.L.S. No. 5Qq.9i~>::;C'/;-~~·'/ it DATE .'C;:'<,- .• _ ;: :"'-'-.:-"',,,, .". ,,:,./i:- LEGAL DESCRIPTION No.1 SUBDIVISION BOUNDARY Being a 86.76 acre tract, more or less, situated in Porcion 32, Abstract 296, Antonio Trevino, Original Grantee, Webb County, Texas. Said 86.76 acre tract also being out ofa 2,855.039 tract ofland called Tract H-5 recorded in Volume 1219, Pages 762-785, Webb County Deed Records, Webb County, Texas. Said 86.76 acre tract being more particularly described as follows: Commencing at a 'h" iron pin found on the north right-of-way line ofState Highway 359, being the southeast comer ofThe Laredo Landfill Subdivision 22.36 acre, as recorded in Volume 20, Page 98, Webb County PlatDeed Records, Webb County, Texas; Thence, S72°45'30" E, along the north right ofway line ofState Highway 359, a distance of 1,157.55 feet to a point being the south west comer and "THE POINT OF BEGINNING" ofthis tract. Thence, N 06°17'00" E, a distance of448.17 feet to a point for an exterior comer ofthis tract; Thence, S 72°45'27" E, a distance of2,583.97 feet to a point ofcurvature to the left, having a radius of 2,280.81 feet, a Delta of 18°39'09", a Tangent of374.57 feet, an Arc length of742.51 feet, a Chord bearing S 81 °44'57" E, a Chord distance of 739.24 feet; Thence, along said curve, and arc length of742.51 feet to a point oftangency; Thence, N 89°15'33" E, a distance of668.0 I feet to a point for an interior comer ofthis tract; Thence, N 05°25'07" E, a distance of 1617.22 feet to a point for an exterior comer ofthis tract; Thence, S 84°34'53" E, a distance of 1010.00 feet to a point an exterior comer ofthis tract; Thence, S 05°25'07" W, a distance of 1,1942.01 feet to a point on the north right ofway ofState Highway 359 for an exterior comer ofthis tract; Thence, S 88°52'46'~ W, along the north right ofway line ofsaid State Highway 359, a distance of 1633.89 feet to a point ofcurvature to the right, having a radius of2804.43 feet, a Delta of 18°05'25" , a Tangent of446.44 feet, an arc length of885.46 feet, Chord bearing ofN 81 °3 8' 17" W, a Chord distance of881.78 feet; Thence, continuing along the north right ofway line ofState Highway 359, and said curve, an Arc length of885.46 feet to a point oftangency; Thence, N 72°45'25" W, continuing along the north right ofway line ofState Highway 359 a distance of 2497.55 feet to return to the TRUE POINT OF BEGINNING ofthis tract containing 86.76 acres. I, GILBERT L. CADE, III, R.P.L.S. A PROFESSIONAL LAND SURVEYOR IN THE STATE OF TEXAS, HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION WAS PREPARED FROM OFFICE RECORDS AVAILABLE, PLATS, DEEDS R.O.W. INSTRUMENTS AND OTHER DOCUMENr~.OE.~~CORD. GILBERT L. CADE, III, R.P.L.S. No. 5060 DATE East ofCity Landfill and North ofState Highway 359 ZC-57-08 COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City ofLaredo by rezoning the east 11.2 feet 10120/08 ofLot 2, Lot 3, the west 19 feet and the north 83.8 feet ofthe east 50 feet ofLot 4, Lot 6, Block 48, Eastern Division, located at 219 Market Street and 210 Cortez Street, from R-3 Item # (Mixed Residential District) to B-4 (Highway Commercial District). The Planning and Zoning Commission has recommended approval ofthe zone change. ZC-58-2008 Initiated by: Staff source: Richard and Leslie Mims Keith Selman, Planning Director Prior action: None. BACKGROUND Council District: III - Michael Landeck Proposed use: Warehouse/Retail Site: The site is occupied by Border Machine Shop. Surrounding land uses: To the north are Wilkinson's Recycle, J. Gutierrez Antique Shop, Oscar's Antiques, South Central Hardware Inc., and a parking lot. To the east lie Despaches Del Norte Inc., Sky Club, Las Cazuelas Restaurant, RC Food Service Produce Inc., a vacant building, a whole sale/retail paint store, and Stocks Fine Woodworks. To the south are single-family housing, a ware house, vacant commercial property, Border Shredders, and two manufactured housing units. To the west lie vacant lots, apartments, Los Compadres Meat Market, Flores-Castano, the old Tijuana Can tina, and single-family housing. Comprehensive Plan: The Comprehensive Plan identifies this area as Warehouse/Light Industrial. Transportation Plan: The Long Range Thoroughfare Plan identifies Market Street as a Major Col lector. Petition Submitted: 1 Signatures in Favor: 4...1 within 200' Signatures in Opposition: 0 Letters sent to surrounding property owners: 19 In Favor: 0 Opposed: 2 STAFF COMMENTS Staff supports the proposed zone change. The proposed B-4 district conforms to the Compre hensive Plan's designation ofthis area as Warehouse/Light Industrial. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P&Z Commission, in a 8 to 0 vote, recommended Staffsupports the proposed zone change. approval ofthe zone change. Page 1 of 2 COUNCIL COMMUNICATION IMPACT ANALYSIS B-4 (Highway Commercial District): The purpose ofthe B-4 district is to provide for those busi nesses and services serving a regional area which are to be located primarily along principal (major) arterial streets or the freeway, as classified in the Transportation Plan ofthe City ofLaredo. It is in tended for this zoning classification to exist primarily along principal arterial streets or the freeway and to impose site development regulations to ensure adequate access ofall uses within this classifica tion. Is this change contrary to the established land use pattern? No, this area ofMarket Street is light industrial in nature. Would this change create an isolated zoning district unrelated to surrounding districts? No, an M-l district lies to the north and south ofthe site. Will change adversely influence living conditions in the neighborhood? Yes, the R-3 district may be negatively influenced by the disturbances and nuisances a B-4 district permits, i.e. noise and disturbance ofdirt. Are there substantial reasons why the property can not be used in accord with existing zoning? Yes, the current zoning only allows for residential uses. Page 2 of 2 ORDINANCE NO. 2008-0- AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING THE EAST 11.2 FEET OF LOT 2, LOT 3, THE WEST 19 FEET AND THE NORTH 83.8 FEET OF THE EAST 50 FEET OF LOT 4, LOT 6, BLOCK 48, EASTERN DIVISION, LOCATED AT 219 MARKET STREET AND 210 CORTEZ STREET, FROM R-3 (MIXED RESIDENTIAL DISTRICT) TO B-4 (HIGHWAY COMMERCIAL DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a zone change has been requested by the owners ofThe east 11.2 feet of Lot 2, Lot 3, the west 19 feet and the north 83.8 feet ofthe east 50 feet ofLot 4, Lot 6, Block 48, Eastern Division, located at 219 Market Street and 210 Cortez Street, from R-3 (Mixed Residential District) to B-4 (Highway Commercial 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 October 2, 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 October 20, 2008, on the request 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 The east 11.2 feet ofLot 2, Lot 3, the west 19 feet and the north 83.8 feet ofthe east 50 feet ofLot 4, Lot 6, Block 48, Eastern Division, located at 219 Market Street and 210 Cortez Street, from R-3 (Mixed Residential District) to B-4 (Highway Commercial District). 1 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 ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY cK~~~ BY: KRISTINA L. HALE ASSISTANT CITY ATTORNEY 2 219 Market St ReL a from R-3 (Mixed Residential [ 'ict) , d-4 (Highway Commercial Distn, I ZC-58-2008 .. NORTH 5- " 6C 5C II 'I I---- " II II 6 rl 7C R-O 7A e II II 60 ,,-3 II 78 50 Ii ~ I-- r. II t 'r'- -= ~ ="'= -= ..,... =-- == -= =""" ="'" -=..;:- ="'" J~ ROSARIO ST ~ , 55.56' I-- I I, 1 ~ II ~I -~ q -M II 2 ((Ii 1 2 3 4 1 2 3 4 I-:- ~Ir' II M-1 ~81' 3 :2, M-1 II ~3 I~ ~ ~ r l8~ II ~ 4 I'~ q , 8 7 6 5 II ~ 8 7 6 5 II 5 ,I II ~ , II &. __ _' II MARKET ST r~_i1l_iff_:'~~:~~:~'~-=-~-=-~:'~~~==-~~·~-t""r= \. 1 2 .:J - ...... ""11oo .... eel" ""'" ,r.' --= =-= -= -= -= 0== =.= = = :: - __ \~.--~ II 1 ~~ '" ~.2 B-1 2 11 1 3 4 4 48 4 II11 ! 1----l-..:.+-l20H----f----! I n w 7 ~~ 8 7~ 6 5 , 7-8 7 5 :'it; t ~~ 8 7 6 5 1 1\ 11 I CORTEZST 11 ,- 55.56' U.. M-1 , II 3A I-- 4A IJ t~M ~ -3 2 3 , 5 4 2 l~ 3C 10 48 w I ~ /-_+--.--.H54·!-'-f---+---l ~ig §.J 5 w.,; 6A 9A lOA I Oll) Z I: ~ 2 if) 1---I7A 78 8 68 98 108 :I GUATEMOZIN ST :: ...... - :-::-~...------I'--- 55.56' ...... \\ - _ " --- 1..- 1 2 3 4 ",5 "", \ 2A 28 3A 38 4 2 3 4 ~ \ I 10 9 8 7 6 \ , 1 inch equals 139 feet ZONE DISTRICTS City of Laredo ~ ZC·58·2008 -:.J Zone Districts GIS Division 2/,3 MARKET ST 149'.{)" curb I .. : .. ~"...... 1- · 15-0"1 . '" . ~ I ~ ~ '" . ....<0 " en · " 'I'. BUILDING ~ I b :;!: · r- ... _ .. I 78'.{)" 69'·0" I · ~ ill N w > ~ I CORTEZ ST R E Z 0 N I N G SIT EP LAN 1"-50' 219 Market Street ZC-58-08 1 219 Market Street ZC-58-08 2 COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City ofLaredo by authorizing a Special Use 10/20/08 Permit for oil and/or gas extraction and drilling permit for a well on 2.03 acres, as further described by metes and bounds in attached Exhibit "A," located approximately 2,448 feet Item # southwest ofthe proposed Valley Boulevard extension and approximately 525 feet north of the South Regional Wastewater Treatment Plant at Rio Bravo. The Planning and Zoning Commission has recommended approval ofthe Special Use Permit. ZC-64-2008 Initiated by: Staffsource: Columbus Energy, LLC Keith Selman, Planning Director Howland Energy Prior action: None. BACKGROUND Council District: III - Michael Landeck Proposed use: Oil and/or Gas Extraction and Drilling Permit for Well Site: The site is vacant. Surrounding land uses: To the north, east, and west lies vacant land. To the south is the Regional Wastewater Treatment Plant at Rio Bravo. Comprehensive Plan: The Comprehensive Plan identifies this area as Retail/Office. Transportation Plan: The Long Range Thoroughfare Plan identifies Valley Boulevard as a Major Collector. Letters sent to surrounding property owners: 2 In Favor: 1 Opposed: 0 STAFF COMMENTS A Special Use Permit is used for those types ofuses 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 ofthe existing zoning designation and can be limited in many re spects such as time, fencing, setbacks, landscaping, etc. Staffsupports the special use permit with the following conditions: (Continued on next page) P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P&Z Commission, in a 8 to 0 vote, recommended Staffsupports the Special Use Permit. approval ofthe Special Use Permit. Page 1 of 2 COUNCIL COMMUNICATION Staff Comments (cont.) 1. The Special Use Permit is issued to Columbus Energy, LLC and is non-transferable. 2. The Special Use Permit is restricted to the site plan, Exhibit "1," which is made part hereof for all purposes. 3. The Special Use Permit is restricted to the drilling procedure description, Exhibit "B," which is made part hereof for all purposes. 4. Exhibit "2" shall be a true copy ofthe Railroad Commission ofTexas's W-l Form. 5. Exhibit "3" shall be a true copy ofthe Railroad Commission ofTexas's Drilling Permit. 6. Exhibit "5" shall be a copy ofan insurance certificate showing the applicant has complied with at least the minimum insurance requirements specified in Article IV, Section 24.73.4 ofthe Laredo Land Development Code, including the naming ofthe city as an additional named insured. 7. Exhibit "6" shall be a copy ofthe bond required under Article IV, Section 24.73.10 ofthe Laredo Land Development Code. 8. The applicant shall provide and post printed signs with at least two (2) inch letters that read, "Dan ger, No Smoking or Open Flames Allowed," or similar words, and in Spanish, "Peligro, No Fumar, Material Combustible," or similar words, in conspicuous places on the well. The signs shall include well name, drilling block number, R.R.C. identification number, twenty-four hour emergency tele phone number, and notification telephone number ofthe Laredo Fire Department. 9. Whenever the well is abandoned, it shall be the obligation ofthe operator to plug such well in accor dance with the rules ofthe Railroad Commission and the Laredo Land Development Code. Page 2 of 2 CITY OF LAREDO ORDINANCE NO. 2008-0- AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY AUTHORIZING A SPECIAL USE PERMIT FOR OIL AND/OR GAS EXTRACTION AND DRILLING PERMIT FOR A WELL ON 2.03 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A," LOCATED APPROXIMATELY 2,448 FEET SOUTHWEST OF THE PROPOSED VALLEY BOULEVARD EXTENSION AND APPROXIMATELY 525 FEET NORTH OF THE SOUTH REGIONAL WASTEWATER TREATMENT PLANT AT RIO BRAVO; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, the owners of2.03 acres, as further described by metes and bounds in at tached Exhibit "A," located approximately 2,448 feet southwest ofthe proposed Valley Boulevard extension and approximately 525 feet north ofthe South Regional Wastewater Treatment Plant at Rio Bravo 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 (10) days before the public hearing held before the Planning and Zoning Commission on October 2, 2008, and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has rec ommended approval ofthe Special Use Permit request; and, WHEREAS, notice ofthe 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 October 20, 2008, on the request and finds the proposed Special Use Permit 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: A Special Use Permit is granted for above ground storage offlammable and explosive products on 2.03 acres, as further described by metes and bounds in attached Exhibit "A," located approximately 2,448 feet southwest ofthe proposed Valley Boulevard 1 extension and approximately 525 feet north ofthe South Regional Wastewater Treatment Plant at Rio Bravo. Section 2: The Special Use Permit is restricted to the following provisions: 1. The Special Use Permit is issued to Columbus Energy, LLC and is non-transferable. 2. The Special Use Permit is restricted to the site plan, Exhibit "1," which is made part hereoffor all purposes. 3. The Special Use Permit is restricted to the drilling procedure description, Exhibit "B," which is made part hereoffor all purposes. 4. Exhibit "2" shall be a true copy ofthe Railroad Commission ofTexas's W-l Form. 5. Exhibit "3" shall be a true copy ofthe Railroad Commission ofTexas's Drilling Permit. 6. Exhibit "5" shall be a copy of an insurance certificate showing the applicant has com plied with at least the minimum insurance requirements specified in Article IV, Section 24.73.4 ofthe Laredo Land Development Code, including the naming ofthe city as an additional named insured. 7. Exhibit "6" shall be a copy ofthe bond required under Article IV, Section 24.73.10 of the Laredo Land Development Code. 8. The applicant shall provide and post printed signs with at least two (2) inch letters that read, "Danger, No Smoking or Open Flames Allowed," or similar words, and in Spanish, "Peligro, No Fumar, Material Combustible," or similar words, in conspicuous places on the well. The signs shall include well name, drilling block number, R.R.C. identification number, twenty-four hour emergency telephone number, and notification telephone number ofthe Laredo Fire Department. 9. Whenever the well is abandoned, it shall be the obligation ofthe owner to plug such well in accordance with the rules ofthe Railroad Commission and the Laredo Land Devel opment Code. Section 3: This ordinance shall be published in a manner provided by Section 2.09 (D) ofthe Charter ofthe City ofLaredo. Section 4: 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 2 ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY ~Gf~Af BY: KRISTINA L. HALE ASSISTANT CITY ATTORNEY 3 Parcion 46, Abstract 478 RbyUest for S.U.P.(Special Use PemlH) ~ ZC-64-2008 NORTH B-3 SAN RAFAEL SUBDIVISION ,, --- II I I ; I R-1A I If I II I I r' I R-1 I I R-1 I I R-1A I , C.U.P. Ill!!li!i!a~li:!lZt'SIl!il!&:Dl!2&llr~Il".1'!m~~~~~~• R-1 B-3 WEBB COUNTY DETENSION CENTER PLAT MARGARITA CENTENO 1 inch equals 552 feet ZONE DISTRICTS City of Laredo Planning Dept & I2Zl lC-64-2008 -:. -J lone Districts Building Dev Services - GIS Division Ho,,~.c:md SUNeying Co., Inc., dba .. :... HOWLAND ENGINEERING AND SURVEYING CO. Oil & Gas Locations * Surveying * Land Development * Civil Design @7K: Foundations * Geotechnical * Construction Materials Testing * Environmental FIELD NOTES For Columbus Energy, LLC Being 2.03 Acres ofland, more or less, out ofthe Mckendrick Lease, 666.515 Acres (called), and out of683.53 Acres (called), Octavia Salinas, (Surface Owner), recorded in Volume 439, Pages 482-487, Deed Records Webb County, Texas, situated in Bias Trevino, Original Grantee, Porcion 46, Abstract 478, Webb County Texas, and being more particularly described by metes and bounds as follows. Commencing at a point, from a found W' iron rod at the southwest comer of Renewal Ave. which bears N 00°07 E, a distance of22.08 feet to the Point ofBeginning. Thence, S 00°07' E, a distance of20.0 feet for a comer hereof; Thence, S 85°46' W, a distance of53.3 feet for a comer hereof; Tbence, N 88°57' W, a distance of503.6 feet for a corner hereof; Thence, N 87°07' W, a distance of479.4 feet for a comer hereof; Thence, N 89°20' W, a distance of93.3 feet for a corner hereof; Thence, S 79°23' W, a distance of93.5 feet for a comer hereof; Thence, N 88°14' W, a distance of142.0 feet for a comer hereof; Thence, S 86°38' W, a distance of43.6 feet for a comer hereof; Thence, S 73°49' W, a distance of67.2 feet for a comer hereof; Thence, S 87°17' W, a distance of803.7 feet for a comer hereof; Thence, SOUTH, a distance of121.6 feet for a corner hereof; Thence, S 89°57' E, a distance of55.0 feet for a comer hereof; Tbence, SOUTH, a distance of200.0 feet for a corner hereof; Thence, S 89°58' W, a distance of200.0 feet for a comer hereof; Thence, N 00°01' E, a distance of200.0 feet for a comer hereof; SHEET20F3 H:\HOWLAND\SURVEY\PIPELINES AND PIPELINE NOTES\dwg\16825-08.doc 7615 N. Bartlett Avenue * P.O. Box 451128 * Laredo, Texas 78041-9998 Telephone: (956) 722-4411 * Facsimile: (956) 722-5414 * E-Mail: [email protected] ~x~;bit\\A'( HO\l\, ....l1d Surveying Co., Inc., dba HOWLAND ENGINEERING AND SURVEYING CO. Oil & Gas Locations * Surveying * Land Development * Civil Design Foundations * Geotechnical * Construction Materials Testing * Environmental Thence, S 89°58' E, a distance of125.0 feet for a comer hereof; Thence, NORm, a distance of140.7 feet for a comer hereof; Thence, N 87°17' E, a distance of820.4 feet for a corner hereof; Thence, N 73°49' E, a distance of67.1 feet for a comer hereof; Thence, N 86°38' E, a distance of46.7 feet for a comer hereof; Thence, S 88°14' E, a distance of140.8 feet for a comer hereof; Thence, N 79°23' E, a distance of93.3 feet for a corner hereof; Thence, S 89°20' E, a distance of95.6 feet for a comer hereof; Thence, S 87°07' E, a distance of479.5 feet for a comer hereof; Thence, S 88°57' E, a distance of502.3 feet for a corner hereof; Thence, N 85°49' E, a distance of53.8 feet to the Point ofBeginning and containing 2.03 Acres ofland more or less. SHEET30F3 H:\HOWLAND\SURVEY\PIPELINES AND PIPELINE NOTES\dwg\I6825-08.doc 7615 N. Bartlett Avenue * P.O. Box 451128 * Laredo, Texas 78041-9998 Telephone: (956) 722-4411 "Facsimile: (956) 722-5414 * E-Mail: [email protected] [)(~bi +II A II Cco,J-.j LINE TABLE LINE TABLE LINE BO,RING LeNGTH LINE BEARING LENCTH U S 00'07' [ 20.0 U4 S 89'58' w 200.0 COLUMBUS ENERGY, LLC j L2 S 85'46' w 53.3 LIS N 00'01' E: 200.0 LJ N 88'57' W 503.6 U6 S 89'58' E 125.0 666.515 ACRE LEASE L4 N 87'07' W 419.4 U7 NORlH 140.7 x L5 N 9'20' w 93.3 U8 N 8/17' £ 820A L6 U9 67.1 wcD S 79'23' W 93.5 N 73'49' £ L7 N 88'/4' W 142,0 L2a N 86'38' r 46-7 Octavia Salinas L8 S 86'38' W 43.6 L21 5 88'14' E 140.8 Volume 439, Pages 482-487 L9 S 73'49' W 67.2 L22 N 79'23' £ 93.3 Deed Recards ua 587'17' W 803.7 L23 5 89'20' E 95.6 Webb County, Texas ~ L11 SOUTH 12L6 L24 S 87"07' [ 479.5 U2 s a9"S7' £ 55.0 L25 S 88'57' £ 502.3 U3 SOUTH 200.0 L26 N 85'49' £ 53.8 L20 (21 ~ L24 ~ ~~ ~ ~: LI LIB L7 L4 Yl ~? ~ POINT OF~ BEGINNING LI711L11 POINT OF COMMENCEMENT U6 L12 N 00'07' £ - 22.8' 2.03 ACReS From 0 found 1'2" fron Rod 01 the southwest corner of Renewal Ave. McKendrick l.QQ·- l ~ -(1)- '" "'~ i " "" VQIlt>y Blvd ~ CI'J"f OF UREIlO ----·---·--'------~··-··-·-----1riBB~imTr---·--·-- ...... ------·_.- cm OF-Rf08RAVOTEXAS q_I~_2oD~ LOCATION MAP SCALE: N. r.s. GRAPHIC SCALE HOWLAND ENGINEERING AND SURVEYING CO. _ INC. 100 0 50 100 :200 400 EXHIBIT OF ...... ' , 7615 N. BortleU Avenue. laredo, Texas 78041 COLUMBUS ENERGY, LLC OFFICE: (956) 722-4411 FAX: (956) 722-5414 ( IN FEET) 1 Inch,. 200 Fl. Being 2.03 Acres of land, more or less, out of the Mckendrick Lease. 666.515 Acres (called), and DRAWN BY' L.E.L out of 683.53 Acres (called), Octavia Salinas, (Surface Owner), recorded in SCALE 1"=20~ BASIS OF BEARING: G.P.S. lx. South Zone. NAO.-27. ------Volume 439. Pages 482-487, Deed Records Webb County, Texas, FJELD DATE; ~ ~~2-08 ~ "'::-Ji.:/ ~ The above is based parity on infol'molion of record ond portly on 0 mJOB No 16825-08 survey conducted on the ground. Irdormoiion of record shown hereon Situated in BIos Trevino, Original Grantee, Poreion 46, Abstract 478. provided by Webb County Texas FIELD: 598 PG< 39.-.42 ""0...,. I NC .,..~.:- SH££L 1 OF 3 rexhb;+- \\J-I' COLUMBUS ENERGY CORPORATION, LLC WELL PROGRAM & SUMMARY LEASE: McKend,ick LOCA.TlON: 1,313' FSL & 517' FW\L ENGINEER: HOWARD E. GRAY BLAS TREVINO SVY, PORCION 48, A-478 WELL NO.: 4QC WEBB COUNTY, TEXAS DRLG. CONTRACTOR: James Pawlik Well Service FIELD: Laredo Queen City RIG NO.: 1 OBJECTIVE: Queen City & Marker Sands ELEVATION: 366' GL RKB: 371 (5' AGLl DEVIATION OPEN HOLE SAND TOPS & DEPTH CASING HOLE SIZE & CASING DETAIL MUD WT. & TYPE MAX DOGLEG SURVEY LOGGING MARKERS I>..n"" J:: ,.,-.::MI:l\lT SEVERITY J . I ·I .0 : 12 1/4" ,I I 0 : I I 0 None : 0 1 r I I : · 1 Native <1°/100' I ·I i : , Circ. Cmt 8 5/8" 24 #/fl J·55 · to surface ST & C Surface 1 Surface Casino 160 ~ ~ Hole Volume +100%) CasinQ @ 160' 1 J J 77/8" ~ : I : 1 I WLtobe6CC 0 , out from under I 1 : surface casing, 1,000' Intervals I WITOTCO : I I : : 8.8 ·9.5PPG <1°/100' I I WBM , 0 , 0 30-50 VIS I I WL·6CC 0 : 0 I I : 0 I ·I :: I I : : I I .....0 : I I 0 : 0 I I :: I I :: I I 0 : 0 I I :: I I 0 0 : I I 0 0 0 ·I I , 0 500' Intervals ··I I 0 WITOTCO 0 I ·I : : I I <1°/100' Eaaleford Sand 901' 0 0 0 I I · : ·I I 0 0 Marker Sand 1,141' i ·I : I Triple Combo : (HDILlZDUCNL) I Cement with volume 41/2" 116#/fl (DIGITAL GR/SP) : for cement to surface J-55 Production Drop Totco Full Detail) Total Depth 1600' !I \: (Hole Volume + 25%) Casino @ 1,600' Max 2° Note: Not to Scale. 9/8/2008 HEG DRILLING PROGNOSIS McKENDRICK NO. 4QC BLAS TREVINO SURVEY, PORCION 46, A-478 WEBB COUNTY, TEXAS 1) Move in Dirt Contractor and clear location. 2) MIRU Pawlik Well Service Drilling Rig. 3) Well will be drilled on Turnkey Contract until Total Depth of 1,600' is reached and first log is at surface. 4) Drill 12 1/4" surface hole to 160' using fresh water native mud. (Water Board Letter dated 5/30/08 (TCEQ SC No. 14071) shows base of water to be protected is at 900'. We have applied for a Casing Depth Exception from the TRC and request an Exception to the City ofLaredo City Code Section 24.73.13(12) as to Conductor and Surface Casing depth requirements. We plan to set Surface Casing at 160' with cement ci.·culated to surface and to set Production Casing from Total Depth of 1,600'. The Production casing will be cemented with sufficient volume to lift cement to surface. (Copy ofCementing Program is attached). 5) Circulate bottoms up and POR to run 8 5/8" 24 #/ft J-55 ST&C casing. (Notify Texas Railroad Commission District 4 representative 8 hours prior to running surface casing) 6) RU Cementing Equipment and cement casing with sufficient volume to circulate cement to surface. Displace cement with drilling mud. (Do not over displace) Release pressure and check float equipment. (If cement does not circulate to surface, notify TRC representative) WOC 8 hours. 7) Nipple up 11" - 3M, BOP and test to City ofLaredo City Code Section 24.73.13(10). 8) PU 77/8" Bit and Drill Collars. Till to float shoe, close pipe rams and test casing.. 9) Drill float collar, cement ands guide shoe. Drill 7 7/8" hole to 1,600' TD. Drill with fresh water mud and maintain mud properties as per Drilling Contract to Total Depth. At Total Depth, circulate bottoms up and make wiper trip to surface. Trip back to bottom, circulate bottoms up and TOH to run Logs. 10) Take delivery of +1- 1,600' of 4 1/2" 11.6 #/ft J-55 L.T. & C. casing from Mike Jordon. Drift casing and clean & visually inspect threads. 11) RU Baker Atlas open hole logging unit and run Triple Combo Logging Suite (HDIL/SP, WTS Compensated Neutron and WTS ZDL/Digital GR). Run detail on all logs from TD to Surface Casing. 12) PU Float Shoe, 1 joint of4 1/2" 11.6 #/ft J-55 casing, Float Collar and balance of4 1/2" 11.6 #/ft J-55 LT&C casing. Centralize middle of shoe joint, middle of second joint and run one centralizer 4 joints to surface. (Notify Texas Railroad Commission District 1 representative 8 hours prior to running Production Casing). 13) RU Halliburton Services. Mix and pump cement as shown on Cementing Program. Calculate cement to circulate to surface using Log Caliper volume plus 25% excess. Displace cement with 2% KCL Water and bump plug with 1,000 psi over displacement pressure. Release pressure and check float equipment. 14) NO BOP and cut off41/2" casing. RD MO Drilling Rig. Release all rental equipment. 15) Completion Prognosis will be prepared after log evaluation. API No. 42-479-40260 RAILROAD COMMISSION OF TEXAS FORM W-1 07/2004 Drilling Permit # OIL & GAS DIVISION Pennit Status: Approved 663485 APPLICATION FOR PERMIT TO DRILL, RECOMPLETE, OR RE-ENTER SWR Exception Case/Docket No. This facsimile W.] wasgeneratedelectronicallyfrom data submitted to the Me. A certification ofthe automateddata is available in the Me's AllStin office. 1. RRe Operator No. 2. Operator's Name (as shown on form P-S, Organization Report) I 3. Operator Address (include street, city, state, zip): 169313 COLUMBUS ENERGY, LLC 4. Lease Name I 5. Well No. MCKENDRICK 4QC 6 Purpose offiling (mark ALL appropriate boxes): IXl New Drill o Recompletion 0 Reclass 0 Field Transfer ORe-Enter o Amended o Amended as Drilled (BHL) (Also File Form WolD) 7. Well bore Profile (mark ALL appropriate boxes): [jJ Vertical o Horizontal (Also File Form W-IH) 0 Directional (Also File Form WolD) o Sidetrack 8. Total Depth 9. Do you have the right to develop the ~ Yes 0 No 110. Is this well subject to Statewide Rule 36 (hydrogen sulfide area)? DYes !Xl No 1700 Iminerals under any right-of-way? 11. RRC District No. WEBB 13. Surface Location !ZJ Land o BaylEstuary o Inland Waterv,."aY o Offshore which is the nearest town in the county ofthe we!! site. 15. Section 16. Block 117. Survey 118. Abstract No. \19. Distance to nearest lease line: 20. Number ofcontiguous acres in -- 46 1 TREVINO, B A-478 517 ft. lease, pooled unit, or unitized tract: 666.52 21. Lease Perpendiculars: 1313 ftfromthe SOUTH line and 517 ftfromthe WEST line. JJ line. 22. Survey Perpendiculars: 1313 ft from the SOUTH line and 803 ft from the WEST :: 23. Is this a pooled unit? 0 Yes IKJ No 124. Unitization Docket No: I25. Are you applying for Substandard Acreage Field? 0 Yes (attach Form W-IA) !Kl No !j::EIEilD:tNE,OR~;rlqJil'?;/i,';~§t'~II~1ield~T~ii~tltic:ipatejl~1S'i1\P1E!tibri'f.jneludirig\V'(ddc:at;.listorii~bjj~jP'~fJlinei"1''':'.)" .•. ::)." .....• ;...... •.•.;/.!!; .... " "'/;'.", .T·. ;i.; ."·.'i:;;};,:' •....'.).,:'.••••.'..••...••..••.•.••..•.; ••..•,.,...!,;.' 26. RRC 127. Field No. 128. Field Name (exactly as shown in RRC records) 129. Well Type 130. Completion Depth 31. Distance to Nearest 32. Number ofWells on District No. Well in this Reservoir this lease in this Reservoir 04 52033370 LAREDO, S. (QUEEN CliY) Oil or Gas Well 1600 0.00 B0~0Ma@lliEi&£Q6'Ai£iGif.l~NEGR~D~Nlii§,lr.e'aul~I~~~OJ'BECJ)j@~;ij0RlZeNjjAlI~~~'D';AMENmEl)'fA~l\PRlttliEti!:P':ERMJtt;fAP~j![leA1)tQN§~!ffi:iti?:l!Bt;i1i,.)'!:;:l)!)J'!;Ii;{:'LD/.,·:>··.,i$·;.: Remarks Certificate; IRRC STAFF Jun 17, 200811:5?,AMj:.. I certify that information stated in this application is true and complete, to the best ofmy knowledge. Kristi Perryman, Engineering Specialist Jun 02, 2008 Name offiler Date submitted (918)3929200 Phone Page 1 of 1 ---_._--_._------_..- Rr...LLJROAD COMMISSION OF TEXAS OIL & GAS DIVISION PERMIT TO DRILL, DEEPEN, PLUG BACK, OR RE-ENTER ON A REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION PERMIT NUMBER DATE PERMIT ISSUED OR AMENDED DISTRICT 663485 Jun 18, 2008 * 04 API NUMBER FORM W-l RECEIVED COUNTY 42-479-40260 Jun 02,2008 WEBB TYPE OF OPERATION WELLBORE PROFILE(S) ACRES NEW DRILL Vertical 666.52 OPERATOR 169313 NOTICE This permit and any allowable assigned may be COLUMBUS ENERGY, LLC revoked ifpayment for fee(s) submitted to the Commission is not honored. District Office Telephone No: (361) 242-3113 LEASE NAME WELL NUMBER MCKENDRICK 4QC LOCATION TOTAL DEPTH 11.1 miles SE direction from LAREDO 1700 Section, Block and/or Survey SECTION 0(: 46 BLOCK 0< ABSTRACTo(: 478 SURVEY 0< TREVINO, B DISTANCE TO SURVEY LINES DISTANCE TO NEAREST LEASE LINE 1313 ft. SOUTH 803 ft. WEST 517 ft. DISTANCE TO LEASE LINES DISTANCE TO NEAREST WELL ON LEASE 1313 ft. SOUTH 517 ft. WEST See FIELD(s) Below FIELD(s) and LIMITATIONS: .. SEE FIELD DISTRICT FOR REPORTING PURPOSES .. FIELD NAME ACRES DEPTH WELL # DIST LEASE NAME NEAREST LEASE NEAREST WE ------~----~------...... ---._------LAREDO. S. (QUEEN CITY) 666.52 1,600 4QC 04 MCKENDRICK 517 0 THE FOLLOWING RESTRICTIONS APPLY TO ALL FIELDS This well shall be completed and produced in compliance with applicable special field or statewide spacing and density rules. If this well is to be used for brine mining, underground storage of liquid hydrocarbons in salt formations, or underground storage of gas in sail formations, a permit for thai specific purpose must be obtained from Environmental Services prior to construction, Including drilling, of the well in accordance with Statewide Rules 81, 95, and 97. Data Validation Time Stamp: Jun 19,20088:07 AM( Current Version) Page 2 of2 l(><~'b,"+H S/I OP 10 CC I DATE (MMIDD/VYVY) ACORD,. CERTIFICATI:-. \.IF LIABILITY INSURANC..... BLUES-4 08/18/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Vaughan Insurance Group, LLC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1515 S Utica Ave, Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tulsa OK 74104 Phone:918-779-7880 Fax:918-779-7885 INSURERS AFFORDING COVERAGE NAIC# INSURED BlueStone operating, LLC INSURER A: Hartford Fire Insurance Co BlueStone Natural Resources BlueStone Natural Resources INSURERB: St Paul Surplus Lines Holdings, LLC Columbus Energy, LLC INSURER C: American International Group 1202 E. 33rd Tulsa OK.74114 INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I'~f~ IN'SRt TYPE OF INSURANCE POLICY NUMBER ';,%!~~ri~r6'~IY';;E 'rsk~"E(I;,~h~~~N LIMITS GENERAL LIABILITY EACH OCCURRENCE $1000000 f-- A 2f- COMMERCIAL GENERAL LIABILITY 38SBARM8965 02/07/08 02/07/09 PREMiSES '(E~~~~~r~nce) $100000 ~ CLAIMS MADE OCCUR MED EXP (Anyone person) $10000 - lliJ - PERSONAL & ADV INJURY $1000000 GENERAL AGGREGATE $2000000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2000000 PRO I POLICY n JECT- nLOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - (Ea accident) $1000000 AX- ANY AUTO 38UECL04055 02/09/08 02/09/09 ALL OWNED AUTOS - BODILY INJURY $ SCHEDULED AUTOS (Per person) - HIRED AUTOS - BODILY INJURY $ NON-OWNED AUTOS (Per accident) - I-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ EAACC $ RANY AUTO OTHER THAN AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 4000000 A ~OCCUR D CLAIMS MADE 38SBARM8965 02/07/08 02/07/09 AGGREGATE $4000000 $ RDEDUCTIBLE $ RETENTION $ $ IUJ~- WORKERS COMPENSATION AND X !TORY LIMITS I EMPLOYERS' LIABILITY E.L EACH ACCIDENT C ANY PROPRIETOR/PARTNER/EXECUTIVE WC0936503 03/07/08 03/07/09 $1000000 OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $1000000 If yes, describe under SPECIAL PROVISIONS below EL. DISEASE - POLICY LIMIT $1000000 OTHER B Control of Well MU05509114 03/24/08 03/24/09 Liability 5000000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of Laredo is named as an additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Laredo 1110 Houston St. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P.O. Box 579 REPRESENTATIVES. Laredo TX 78042-0579 AUT;,w1~TATIVE ACORD 25 (2001108) © ACORD CORPORATION 1988 LICENSE and/or PERMIT BOND Bond No. 21464 KNOW ALL PERSONS BY THESE PRESENTS: That we Bluestone Natural Resources, LLC., as Principal and Victore Insurance Company a corporation organized and existing under the laws ofthe State ofOklahoma, as Surety, are held and firmly bound unto City ofLaredo, Texas, 1110 Houston St., Laredo, TX 78042, as Obligee in the sum ofONE HUNDRED THOUSAND AND NOll00------Dollars ($100,000.00) for payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition ofthis obligation is such that WHEREAS the above na-med Principal is desirous of obtaining a permit from City ofLaredo for the purpose ofa special use permit for exploration and production ofoil and/or gas. NOW, THEREFORE, in consideration ofthe issuance ofsuch permit, ifsaid Principal shall well and truly complywith such Ordinances, Rules and Regulations and any Amendments thereofpertaining to such permit, then this obligation shall be void, otherwise to be and remain in full force and effect. This obligation shall become effective on the 31 st day ofJuly, 2008 and end the 31 st day ofJuly, 2009. Provided that regardless ofthe number ofyears this bond shall continue orbe continued in force and ofthe number ofpremiums that shall bepayable orpaid, the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the amount ofthis bond. Provided further that, ifthe Surety herein shall so elect, this bond maybe canceled at any time bythe Surety herein by giving the Principal and Obligee thirty (30) days written notice ofsuch cancellation. Signed and sealed this 31 st day ofJuly, 2008. Bluestone Natural Resources, LLC. (Principal) BY:~C~~~~;~""""""'--- _ (Title) VICTORE INSURANCE COMPANY 5400 N. GRAND BLVD., SUITE 140 OKLAHOMA CITY, OKLAHOMA 73112 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That VICTORE INSURANCE COMPANY a Corporation duly organized under the laws of the State of Oklahoma, having its principal office in Oklahoma City, Oklahoma pursuant to the following resolution which is now in full force and effect: "That the President may from time to time appoint Attorneys-in-Fact, and Agents to act for and on behalf ofthe Company and may give any such appointee such authority as his certificate and other writings obligatory in nature of a bond, and such officer or the Board of Directors may at any time remove such appointee and revoke the power and authority given him" does hereby make and appoint: ••.• ALTUS E. Wll.DER III., TINA E. SWITZER, BARBARA K. PLIGRIM, BARBAR A M. PASKE •••• ····ANDREW C. ALLISON. TRACY L. KYLE. TONI DRAKE. FRED BARKER .•• its true and lawful Attorney(s)·in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign execute, acknowledge and deliver in its behalf, and as its act and deed, as follows: All bonds except Bail Bonds not to exceed on any single instrument ******UNLIMITED AMOUNTS ****** This Power of Attorney is signed and sealed by facsimile under authority ofthe following Resolution adopted by the Board of Directors of the Company at a meeting called and held on the 12th day of May, 1989. "Resolved, that the signature ofthe Chairman, Vice Chairman, President, Executive Vice President, Vice President and Assistant Vice Presidents and the seal ofthe Company may be affixed by facsimile on any power ofattorney granted pursuant to the By-Laws, and the signature ofthe Secretary or an Assistant Secretary and the seal ofthe Company may be affixed by facsimile to any certificate ofany such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the company. Any such power So executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company" IN WITNESS WHEREOF VICTORE INSURANCE COMPANY has caused these presents to be signed by it President and its corporate seal to be affixed this I st day of APRIL 192..lL-. ~~~~~ . ~ Altus E. Wilder, III (STATE OF OKLAHOMA) (County of Oklahoma) On this 1st day of APRIL , 1998 In Testimony Whereof, I have hereunto set my hand, and before me , a Notary Public of the State of Oklahoma in and for the affixed by official seal at Oklahoma City, Oklahoma the county of Oklahoma came Altus E. Wilder, III, to me personally day and CYZ~ov;t ~ _ known to be the individual and officer described herein, and who executed the preceding instrument and acknowledged the execution ofthe Notary Public, Oklahoma County, Oklahoma City, Oklahoma same, and being by me duly sworn, deposed and said, that he is My Commission Expires MARCH 10, 2002 the officer of said Company aforesaid, and that the seal affixed to the ,," ...,"'"'''':-{ LJAC"" preceding instrument is the Corporate Seal of said Company, and the ,"_~V"'Uftf'f ~~'# ...... l..'C"'..1I"D"(rw"..ay PL&o,~''''''''.. ~.,... said Corporate Seal and signatures as an officer were duly affixed and : I ~ "'t' ..~:. subscribed to the said instrument by the authority and direction of : :: cew.exp : : :: :S-l~ ::::: the said corporation, and that the resolution of said Company, ~\~ ~~: referred to in the preceding instrument, is now in force. -...... :t~.I'~'\~~ ...,' '''''' ~\\\ 'tJ, 11.1 " CERTIFICATE I, the undersigned, President of VICTORE INSURANCE COMPANY a corporation of the State of Oklahoma DO HEREBY CERTIFY that the foregoing. and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Resolution ofthe Board of Directors, as set forth in the Certificate ofAuthority; are now in force. o~"='- \~ Signed and Sealed at the said Company at Oklahoma City, Oklahoma, dated this31 '5.).. day . VICTORE INSURANCE COMPANY TEXAS BOND RIDER PORTIONS CONTAIN PERTINENT COVERAGE INFORMATION UNDER THE ATTACHED BOND IMPORTANT NOTICE To obtain information or make a complaint: You may call the Surety's toll free number for information or to make a complaint at 1-800-948-9487. You may also write to the Surety at: Victore Insurance Company 4334 NW Expressway, Suite 151 Oklahoma City, OK 73116-1574 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department oflnsurance at: PO Box 149104 Austin, TX 78714-9104 Fax # 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the Surety first. Ifthe dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part of condition ofthe attached document. Exclusion ofLiability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance ofthe bonded obligations, ofthe occurrence, existence, or appearance thereof. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts ofterrorism, riot, civil insurrection, or acts ofwar. VICTORE INSURANCE COMPANY 4334 NW EXPRESSWAY, SUITE 151 OKLAHOMA CITY, OK 73116-1574 1-800-948-9487 www.victoreinsurance.com VIC TX Rider (Rev. 2/08) Porcion 46, Abstract 478 Request for S.U.P.(Special Use Permit) ~ NORTH 1 inch equals 552 feet ZONE DISTRICTS City of Laredo Planning Dept & I2QQI ZC-64-2008 ':.. -J Zone Districts Building Dev Services - GIS Division COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City ofLaredo by rezoning 8,519.50 square 10/20108 feet from Lot 7, Block 70-B, Calton Gardens #2, located at 4602 Maryland Avenue, from R-1 (Single Family Residential District) to R-3 (Mixed Residential District). The Planning Item # and Zoning Commission has recommended approval ofthe zone change. ZC-45-2008 Initiated by: Staff source: Maria G. Loftis Keith Selman, Planning Director Carolina Trevino Prior action: This item was postponed by Johnny Rendon at the meeting ofSeptember 15,2008. BACKGROUND Council District: V- Johnny Rendon Proposed use: Mobile Home Site: The site is vacant. Surrounding land uses: To the north, west and east lies single family housing. Comprehensive Plan: The Comprehensive Plan identifies this area as Low Density Residential. Transportation Plan: The Long Range Thoroughfare Plan does not identify Maryland Avenue. Letters sent to surrounding property owners: 16 In Favor: 2 Opposed: 7 STAFF COMMENTS Staffdoes not support the proposed zone change. The site is located in a well-established sin gle-family residential area, or R-l. Although there is an R-3 district directly south ofthe site, the drainage channel segregates the two, thereby separating the uses permitted in each respec tive zoning district. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P&Z Commission, in a 5 to 4 vote, recommended Staff does not support the proposed zone approval ofthe zone change. change. Page 1 of 2 COUNCIL COMMUNICATION IMPACT ANALYSIS R-3 (Mixed Residential District): The purpose ofthe R-3 district is to provide an area for higher density residential uses, the use ofmobile homes on single lots, and those public and semi-public uses normally considered an integral part ofthe neighborhood they serve. Is this change contrary to the established land use pattern? Yes, the land use pattern is single-family residential in nature. Would this change create an isolated zoning district unrelated to surrounding districts? Although there is an R-3 district directly south ofthe area, the drainage creek serves as a demarcating line between the two districts. Will change adversely influence living conditions in the neighborhood? Yes, the immediate neighborhood may be negatively impacted by the higher intensity uses an R-3 dis trict permits. Are there substantial reasons why the property can not be used in accord with existing zoning? Yes, the current zoning does not allow mobile homes or manufactured homes on the property. Page 2 of 2 ORDINANCE NO. 2008-0- AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 8,519.50 SQUARE FEET FROM LOT 7, BLOCK 70-B, CALTON GARDENS #2, LOCATED AT 4602 MARYLAND AVENUE, FROM R-1 (SINGLE FAMILY RESIDENTIAL DISTRICT) TO R-3 (MIXED RESIDENTIAL DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a zone change has been requested by the owners of8,519.50 square feet from Lot 7, Block 70-B, Calton Gardens #2, located at 4602 Maryland Avenue, from R-1 (Single Family Residential District) to R-3 (Mixed Residential 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 September 4, 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 October 20, 2008, on the request 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 8,519.50 square feet from Lot 7, Block 70-B, Calton Gardens #2, located at 4602 Mary land Avenue, from R-1 (Single Family Residential District) to R-3 (Mixed Residential Dis trict). 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 ~~ BY:KRISTINA:ALE ASSISTANT CITY ATTORNEY 2 4602 Maryland Rezone from R-1 (Single Family Residential) to 3 (Mixed Residential District) ~ ZC-45-2008 NORTH II 15 r-----r-- T__ 7 1/ 22 i 2 / . / ----7------1 PEACH LN 1/ I ------} I 3 I l I r------50' I r-: I I 4 / 5 / I r----1------/ --- 21 II /------~------I & I I / 1 I 2 1------i t / 13 [tg-j- -8-=::::-!r~~--===t--::::=I-I,'-'I,1' J I I 3 4 II i===-:.:k::=:- 5 6!/ LJ:f I---~-) l------7 < 6 < 1 19 / / 12 - I It t------L_~~~j ------J I r '.i'I j I--_~ I. / 11 {~ ~~;.~------4 R-1 t------r r---_ _ ---I Q ·17/ IIl 10 !-----_ ,I cr >--- $~ 1 ------/-- I II 2 ------1' 3 I - ....------_) 16 ) i£ 5 6 '{\,- 9 I 6 II I>------L I I ------L ~;;:;~~;----~ 50' P -~ I 8 -"'t~ ~~~UNPLATTED Il I -~-~-j~i~i~i~~' ------______I/ 25' --1 I 14 13 12 UNPLATTED ,I I ------ 4 5 6 1 3 2 4 w ~ 2 3 5141-+---+-----1 9w -0u.", (515 6 (!) crZ R-2 __1___...._ 8; --_.oJ. 9 8 7 ALLENDE------...----- 44-.- _ SO' ST 8 7 6 5 I r--- I I ---r-----__ III 2 3 I I I, I 4 I I I 55.56' II Il 5 I 6 "l II l , I --_.L____" l /7 4 r-~---r_-l-___ l 2 3 4 5 6 I I T-"- 3 31 I I I 32 3 4 30 II 29,' ,I II I 28 I 27 4A I I I' I 1 inch equals 113 feet ZONE DISTRICTS City of Laredo ~ ZC-45-2008 ~ j Zone Districts GIS Division -- :~ ----:-. ® 'j 11 !I !•., (. .' . ------~----:....! ..------_J 7 . Zte - / S-"7 ~tI'Jtil e" " 7~<7-$6~ / 4.rr;?'/V,D Ife-r-~ RETAMA SUBDIVISION ~. COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City ofLaredo by rezoning 5.55 acres, as 10/20/08 further described by metes and bounds in attached Exhibit "A", located east ofFM 1472 and south ofState Highway 255, from B-4 (Highway Commercial District) to M-l (Light Item # Manufacturing District). The Planning and Zoning Commission has recommended ap proval ofthe zone change. ZC-62-2008 Initiated by: Staff source: Eduardo Garza and Salvador Rosas Keith Selman, Planning Director Gilpin Engineering Company Prior action: None. BACKGROUND Council District: VII Jose A. Valdez Proposed use: Commercial Site: The site is vacant. Surrounding land uses: The site is surrounded to the east, south, and west by vacant land. To the north are vacant lots, Sigma Dry Warehouse, B Universe, Del Bravo Forwarding, Benavides and Co., LLC, and a vacant warehouse. Comprehensive Plan: The Comprehensive Plan identifies this area as Warehouse/Light Industrial. Transportation Plan: The Long Range Thoroughfare Plan identifies State Highway 255 and FM 1472 as Expressways. Letters sent to surrounding property owners: 1 In Favor: 1 Opposed: 0 STAFF COMMENTS Staff supports the proposed zone change. An M-l designation is in conformance with the Comprehensive Plan's designation for this area as Warehouse/Light Industrial. Furthermore, the location ofthe site at the intersection oftwo Expressways is suitable for the proposed use. 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 M-l (Light Manufacturing District): The purpose ofthe M-I is to encourage the development of manufacturing and wholesale business establishments which are clean, quiet and free ofhazardous 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? No, the established land use is industrial in nature. Would this change create an isolated zoning district unrelated to surrounding districts? No, there are M-I districts north, south, and west ofthe site. Will change adversely influence living conditions in the neighborhood? No, there are no residential areas within the vicinity. Are there substantial reasons why the property can not be used in accord with existing zoning? Yes, the current zoning only allows for commercial uses. Page 2 of 2 ORDINANCE NO. 2008-0- AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 5.55 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A," LOCATED EAST OF FM 1472 AND SOUTH OF STATE HIGHWAY 255, FROM B 4 (HIGHWAY COMMERCIAL DISTRICT) TO M-l (LIGHT MANUFACTURING DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a zone change has been requested by the owners of 5.55 acres, as further described by metes and bounds in attached Exhibit "A," located east ofFM 1472 and south of State Highway 255, from B-4 (Highway Commercial District) to M-l (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 September 18, 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 October 20, 2008, on the request 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 5.55 acres, as further described by metes and bounds in attached Exhibit "A," located east ofFM 1472 and south of State Highway 255, from B-4 (Highway Commercial District) to M 1 (Light Manufacturing District). 1 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 ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY ~,J)JlQo BY:KRISTINAI::ALif ASSISTANT CITY ATTORNEY 2 STATE HIGHWAY 255 & FM1472 Rezor rom 8-4 (Highway Commercial. trict) to M-1 (Light Manufacturing District) ZC-62-2008 •NORTH _.-.- M·iJ \ ...---- - --- \ ~ \. \ ~ \. ~rity y ZONE DISTRICTS City of Laredo ~ ZC-62-2008 u:. -J Zone Districts GIS Division S7{#J7f1E Uf/8GiHIfIJ... if255 (400' R.O W.) TRACT 2 STATE HIGHWAY 255 VOL 560, PGS. 573-581 O.P.R.W.C.T. o 100 1'1'1'1'1·1'1'1'1'1·1 SCALE: 1 INCH=100 FEET TRACT 3 STATE HIGHWAY 255 ---"~'lfh ACRES VOL 560, PGS. 5 - O.P.R.W.C.T. N 62°18'57" E251.00' U1 w ii:' ,,>C\j« "tI .... I------• :e~ • tL.:so I~ ci 5.5474 CRES ri :~ I~ CURREN ZONE: B4 .0 PROPOSE ZONE: M1 Cx> 'ffi (l) I~ ....ex) .0 "'l' .'" LOT 1A LOT 2 .~ I BLOCK 1 BLOCK 1 N • ¥> • r; REPLA OF (., I LOT 1A & LOT 2, BLOCK 1 l'l • Z • OF ED-SAL IND STRIAL PARK I VOL. 28, PG. 9 P.R.W.CT • • I ·• I 0a I::: LW cr: ;S;-, :5 8 0 0:1 >- t:D 0.4247 ACRES r-~ U.J VOL 178, PGS. 83-85 VOL 24, PGS. 243·246 (~~, '5', 4-G INVESTMENTS, LTD. O,P.~.w.C.T. O.P.R.W.C.T. VOL. 1520, PGS. 42-45 O.P.R.W.C.T. REPLAT..ftg 5.5474 ACRES GILPIN ENGINEERING COMPANY 101 W. Hillside Road, ste. 8 LAREDO, TEXAS Laredo. Texas 18041 SHEET NO. Ph. (!ISO) 163-2210 Ph. (956) 163-2212 REZONE EXHIBIT FlIX (956) 763-2213 OF August 13, 2008 STATE OF TEXAS * COUNTY OF WEBB * 5.5474 ACRES FIELD NOTES DESCRIBING A 5.5474 ACRE TRACT BEING LOT 1A AND LOT 2, BLOCK 1 OF REPLAT OF ED-SAL INDUSTRIAL PARK. HEREIN DESCRIBED PARCEL BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Beginning at a found }'2 inch iron rod being the northwesterly corner of said Lot 1A, same being situated on the southerly line of a 6.976 Acre Tract, also known as State Highway 255 Tract 3, recorded in Volume 560, Pages 573-581, Official Public Records of Webb County, Texas, for the POINT OF BEGINNING of this 5.5474 acre tract and the northwesterly corner hereof; Thence, N62°18'57"E, with the common division line between said Lot 1A and said State Highway 255, same being the northerly line of herein described tract, a distance of 251.00 feet to a found }'2 inch iron rod for a point of deflection hereof; Thence, along a curve to the right, with a chord bearing N66°32'28"E, 303.04 feet, subtended by an arc having a radius of 5,530.44 feet, with the common division line between said Lot 1A and said State Highway 255 a distance of 54.52 feet to a found }'2 inch iron rod being the northeasterly corner of said Lot 1A and the northwesterly corner of said Lot 2, continuing on the same bearing, with the common division line between said Lot 2 and said State Highway 255, a distance of 248.56 feet, for a total distance of 303.08 feet to a found }'2 inch iron rod for a point of deflection hereof; Thence, N68°06'41 liE, with the common division line between said Lot 2 and said State Highway 255, same being the northerly line of herein described tract a distance of 103.26 feet to a found }'2 inch iron rod being the northeasterly corner of said Lot 2, same being situated on the westerly line of a 0.4247 acre utility easement, recorded in Volume 178, Pages 83-85, Official Public Records of Webb County, Texas for the northeasterly corner hereof; Thence, S21°53'19"E, with the westerly line of said 0.4247 acre utility easement, same being the easterly line of said Lot 2 and the easterly line of herein described tract, a distance of 245.82 feet to a found }'2 inch iron rod being the most easterly southeast corner of said Lot 2 for the most easterly southeast corner hereof; Thence, S68°06'41"W, with the northerly line of said 0.4247 acre utility easement, same being the southerly line of said Lot 2 and the southerly line of herein described tract, a distance of 65.00 feet to a found }'2 inch iron rod for an interior corner hereof; Thence, S21°53'19"E, with the westerly line of said 0.4247 acre utility easement, same being the easterly line of said Lot 2 and the easterly line of herein described tract, a distance of 100.00 feet to a point being the southwesterly corner of said 0.4247 acre utility easement, continuing on the same bearing, with the easterly line of said Lot 2 and the easterly line of herein described tract a distance of 7.30 feet, for a total distance of 107.30 feet to a found }'2 inch iron rod situated on the northerly line of a 10 foot Central Power & Light Easement, recorded Volume 15, Pages 753-758, Official Public Records of Webb County, Texas, for the most southerly southeast corner hereof; It ~ 1of2 5.5474 ACS.-REZONE.rtf f )< 1b; +\\ A August 13, 2008 Thence, S56°28'08"W, with the northerly line of said Central Power & Light Easement, same being the southerly line of said Lot 2 and the southerly line of herein described tract, a distance of 210.70 feet to a found % inch iron rod being the southwesterly corner of said Lot 2 and the southeasterly corner of said Lot 1A, continuing on the same bearing, with the northerly line said Central Power &light Easement, same being the southerly line of said Lot 1A and the southerly line of herein described tract a distance of 318.50 feet, for a total distance of 529.20 feet to a found % inch iron rod being the southwesterly corner of said Lot 1A, same being situated on the easterly right-of-way line of FM 1472, for the southwesterly corner hereof; Thence, N33°31'52'W, with the common division line between the easterly right-of-way line of FM 1472 and said Lot 1A, same being the westerly line of herein described tract, a distance of 418.68 feet to a found % inch iron rod for a point of deflection hereof; Thence, N14°23'32"E, with the westerly line of said Lot 1A, same being the westerly line of herein described tract, a distance of 20.10 feet to said POINT OF BEGINNING, containing within these metes and bounds 5.5474 acres of land, more or less. BASIS OF BEARINGS: GPS NAD83/NAVD88 Texas State Plane 4205 Coordinates, Grid STATE OF TEXAS COUNTY OF WEBB I, ROBERT J. GILPIN, THE UNDERSIGNED REGISTERED PROFESSIONAL LAND SURVEYOR, NUMBER 5944, DO HEREBY CERTIFY THE FOREGOING METES AND BOUNDS DESCRIPTION TO BE TRUE AND CORRECT TO MY BEST KNOWLEDGE AND BELIEF, AND THAT IT WAS PREPARED FROM AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND FROM OFFICE RECORDS AVAILABLE, WITHOUT THE BENEFIT OF A COMPLETE TITLE EXAMINATION REPORT. WITNESS MY HAND AND SEAL 5.5474 ACS.-REZONE.rtf 2of2 5.55 Acres East ofFM 1472 and South ofState Highway 255 ZC-62-08 COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City ofLaredo by authorizing a Conditional 10/20/08 Use Permit for Building Material Sales on Lot 1, Block 1, Prida Plat, located at 7100 Santa Maria Avenue. The Planning and Zoning Commission has recommended approval ofthe Item # Conditional Use Permit. ZC-63-2008 Initiated by: Staff source: Efren Elizondo Chapa Keith Selman, Planning Director Prior action: None. BACKGROUND Council District: VII - Jose A. Valdez Proposed use: Building Material Sales Site: The site is occupied by Sames Collision Center. Surrounding land uses: To the north are La Noria Gas Station, Fiesta Mexican Imports, Magaly's Imports, Madrigal's Nacionalization, Jimenez Tire Service, and Tracker Boats/Southport Marine. To the east are a Shell gas station, Leonard Office Park, Laredo Harley-Davidson, and an IBC. To the south lie Gilbert International, Hermanos Cuevas Nationalization, Global Forwarding, Davis Inn, a pottery storage enterprise, and Springhill Hotel. To the west lie Coca-Cola and L & F Distributors. Comprehensive Plan: The Comprehensive Plan identifies this area as Warehouse/Light Industrial. Transportation Plan: The Long Range Thoroughfare Plan identifies Old Santa Maria Road as an Industrial Collector. Letters sent to surrounding property owners: 8 In Favor: 0 Opposed: 1 STAFF COMMENTS Staffsupports the proposed Conditional Use Permit at this location. The proposed use is in conformance with the Comprehensive Plan's designation for this area as Warehouse/Light In dustrial. Further analysis reveals the lot is able to accommodate a light industrial business, especially with its situation along Old Santa Maria Road, which is an industrial collector. Staffrecommends the following conditions for the proposed CUP: (Continued on next page) P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 5 to 0 vote, recommended Staffsupports the proposed Conditional approval ofthe Conditional Use Permit. Use Permit. Page 1 of 2 COUNCIL COMMUNICATION Staff Comments (cont.) 1. The C.D.P. shall be issued to Efren Elizondo Chapa, and is nontransferable. 2. The C.D.P. is restricted to the activities describe in letter, Exhibit "B", which is made part hereof for all purposes. 3. The C.u.P. is restricted to the site plan, Exhibit "C," which is made part hereof for all purposes. 4. The C.D.P. shall comply with parking requirements in accordance to the Land Development Code. 5. The owner must provide and maintain fourteen (14) trees and fifty-six (56) 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 BUILDING MATERIALS SALES ON LOT 1, BLOCK 1, PRIDA PLAT, LOCATED AT 7100 SANTA MARIA AVENUE; PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION. WHEREAS, a request has been received for the issuance ofa Conditional Use Permit for building materials sales on Lot 1, Block 1, Prida Plat, located at 7100 Santa Maria Avenue; 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 September 18, 2008; and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has recom mended approval ofthe Conditional Use Permit; 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 October 20, 2008, on the request and finds the Conditional Use Permit amendment appropriate and consistent with the General Plan ofthe City ofLaredo; 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, ifany, ofprivate covenants and deed restrictions on the subject property with the adoption ofthis ordinance; and, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The Zoning Map ofthe City ofLaredo be and is hereby amended by author izing the issuance ofa Conditional Use Permit for building materials sales on Lot 1, Block 1, Prida Plat, located at 7100 Santa Maria Avenue. Section 2: The Conditional Use Permit is further restricted to the following provision herewith adopted by the City Council: 1. The C.U.P. shall be issued to Efren Elizondo Chapa, 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. 1 3. The C.U.P. is restricted to the site plan, Exhibit "C," which is made part hereof for all purposes. 4. The C.U.P. shall comply with parking requirements in accordance to the Land Develop ment Code. 5. The owner must provide and maintain fourteen (14) trees and fifty-six (56) shrubs in compliance with the Land Development Code. Section 3: This ordinance shall be published in a manner provided by Section 2.09 (D) ofthe Charter ofthe City ofLaredo. Section 4: This ordinance shall become effective as and from the date ofpublication specified in Section 3. Section 5: The Conditional Use Permit authorized by this ordinance shall be revoked pursuant to the Laredo Land Development Code, section 24.94.10, entitled "Revocation," ac cording to the criteria and procedures described therein and below: 1. Criteria Any Conditional Use Permit, authorized by City Council, shall be considered in noncompli ance and shall be revoked and removed from the City ofLaredo Zoning Map, in the event a court oflaw finds the use in violation ofany ofthe following conditions: A. The use established on site does not conform, at any time, with any or all permit condition(s) approved by the City Council and or any local, state, or federal law. B. The activity authorized by the Conditional Use Permit commences prior to the in stitution ofall conditions imposed by the Conditional Use Permit. C. Discontinuance ofthe Council approved conditional use for a period ofsix (6) con secutive months. D. The use ofwhich the Conditional Use Permit was authorized does not commence within six months ofCity Council's final approval date. 2. Procedures Should City ofLaredo 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 ofconditional use permit noncompliance as per Subsection 24.94.10, issue a written warning, granting a grace period ofa minimum often (10) working days, within which time the use may be brought into compliance with the current City Council approved Conditional Use Permit for that location. B. Ifnoncompliance persists after the conclusion ofthe warning grace period, a Zon ing Enforcement Official shall issue a written citation. C. Should the citation result in a guilty verdict, the City ofLaredo shall consider the Conditional Use Permit revoked and proceed with its removal from the City of Laredo Zoning Map. 2 D. The Planning Director shall then issue the permit holder written notification ofthe Conditional Use Permit's official revocation and removal from the City ofLaredo Zoning Map. E. In the event ofdiscontinuance or failure to commence as stipulated in Subsection 24.94.10.1 D and E ofthis Ordinance, Zoning Enforcement Staffwill issue written notification ofsame. Ten days after issuance ofZoning Enforcement notification ofdiscontinuance or failure to commence, the Planning Director shall then issue the permit holder written notification ofthe Conditional Use Permit's official revoca tion and removal from the City ofLaredo 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 3 7100 Old Santa Maria Requt. lur C.U.P.(Conditional Use Perno I ZC-63-2008 ... NORTH ~ II' I ,f , I DELMAR BLVD .r 100' ~, = .... "'lil ~I ~I ~, { ~. ~ ~ /1 \ I ~B-i i J. ~I ~f r B-3 I w-J J >- z J' I ~ z J' II w w ~ £r () "- W ~I <.!) « z 'I ~ 11 B-4 a Ii' '/P 1 t' I II) w'" W I- ~o cr(/)0.... ~ W B-4 I- ?; r- ~ j. 11 ( 1'1 I ~I.r I r ~ 6 5: 23 w ltd I 1 w £r ~ I- er "- I B-3 f- "- ,., I ~ L '~_.-J - "I 24 1 1 inch equals 214 feet ZONE DISTRICTS City of Laredo I2QQI ZC·63-2008 ':.. -J Zone Districts GIS Division AUGUST 27,2008 NARRATIVE: WE INTEND TO ESTABLISH A STEEL BUILDING MATERIALS SERVICE CENTER IN THE NORTHERN SECTOR OF LAREDO, TX. @ 7100 STA MARIA AVE 78045. WE WILL BE A FULL SERVICE RETAIL/WHOLESALE CENTER SERVING THE LAREDO COMMUNITY, SURROUNDING COUNTIES, AND MEXICO WITHIN A 150 MILE RADUS. OUR STAFF WILL CONSIST OF 10 EMPLOYEES WITH HOUR OF OPERATION 7:00 AM - 5:00 PM M-F, 8:00 AM 12:00 PM SAT. WE WILL STRIVE TO MEET THE NEEDS OF CITY, COUNTY AND STATE ENTITIES, BUT NEVER DISREGARDING THE INDIVIDUAL. WE WILL OFFER BUILDING MATERIALS RANGING FROM METAL STUDS, PURLINS, SQ. AND RECT. TUBING, REBAR, REINFORCING MESH, BEAMS, AND METAL ROOFING, AS WELL AS, INSULATION, POWER TOOLS, AND PREFAB METAL BUILDINGS. WE HAVE THE BACKGROUND TO OFFER AND SUPPLY SPECIALTY MATERIALS FOR INSTITUTIONAL AND COMMERCIAL USES. WE WILL STORE 90% OF OUR MATERIAL EITHER IN OUR WAREHOUSE FACILITY OR UNDER ROOF COVER, BUT CERTAIN MATERIALS, SUCH AS PURLINS. PIPE(CASINGS) AND WIF BEANS MUST BE KEPT OUTSIDE TO FACILITATE HANDLING. IT IS FOR THIS REASON WE APPLY TODAY FOR A CONDITIONAL USE PERMIT. THESE MATERIALS WILL BE RACKED ON THE SOUTH SECTOR OF THE PROPERTY, THE REST WILL BE STACKED AND ORGANIZED PER SIZE AND WEIGHT CATEGORIES ON THE EAST SIDE OF PROPERTY FACING STA MARIA AVE. THESE MATERIALS WILL IN NO WAY AFFECT THE ENVIROMENT WITH RUN-OFF OR CAUSE AN EYESORE TO THE SURROUNDING AREA AS THEY WILL BE KEPT IN NEAT, WELL ORGANIZED, AND ACCESIBLE STACKS. THE PERIMETER SECURITY FENCE WILL BE ENHANCED BY ADDITIONAL SHRUBS TO LENGTH OF FENCED PROPERTY ON STA. MARIA AVE. WE WISH TO EMPHASIZE OUR HOME GROWN INVOLVEMENT WITH THE LAREDO AND NUEVO LAREDO COMMUNITIES. LIVING IN THESE COMMUNITIES GIVES US THE INSPIRATION TO GIVE BACK WHAT WE CAN TO THE COMMUNITIES WHERE WE PLAN TO RAISE OUR FAMILIES. 7100 Santa Maria Avenue ZC-63-08 1 7100 Santa Maria Avenue ZC-63-08 2 7100 Santa Maria Avenue ZC-63-08 3 7100 Santa Maria Avenue ZC-63-08 4 COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City ofLaredo by rezoning Lot 22, Block 1, 10/20/08 Santa Rita Unit IX, located at 219 Asturias Court, from R-2 (Multi-Family Residential Dis trict) to B-1 (Limited Business District). The Planning and Zoning Commission has rec Item # ommended denial ofthe zone change. ZC-60-2008 Initiated by: Staffsource: Nelson A. Molina Keith Selman, Planning Director Prior action: None. BACKGROUND Council District: III - Michael Landeck Proposed use: Commercial Site: The site is vacant. Surrounding land uses: To the north, the site is bordered by Narvaez Shopping Center, the Even Start Program, and Santa Fe Subdivision. To the west lie single family residential homes as well as Prada Elementary. On the south are single family residential units as well as vacant lots. On the east are vacant lots. Comprehensive Plan: The Comprehensive Plan identifies this area as Low Density Residential. Transportation Plan: The Long Range Thoroughfare Plan does not identify Asturias Court. Petitions Received: 6 In Favor: 6 Opposed: 0 Letters sent to surrounding property owners: 17 In Favor: 3 Opposed: 0 STAFF COMMENTS Rezoning from R-2 to B-1 is inappropriate at this location. The proposed district does not conform to the Comprehensive Plan's designation for this area as Low Density Residential. This section of Santa Rita Unit IX is an established single-family residential district, and the space needed to accommodate a B-1 district would put a strain on the surrounding residential neighborhood. Further analysis reveals that a recorded plat note restricts lot use to single-family residential: "Residential lots included in this plat are restricted to site built single family housing. Manufactured housing is expressly prohibited." P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P&Z Commission, in a 4 to 1 vote, recommended Staffdoes not support the proposed zone denial ofthe zone change. change. Page 1 of 2 COUNCIL COMMUNICATION IMPACT ANALYSIS B-1 (Limited Business District): The purpose ofthe B-1 is to provide for business and commercial development serving a limited geographic area or neighborhood. Is this change contrary to the established land use pattern? Yes, the established land use pattern is residential in nature. Would this change create an isolated zoning district unrelated to surrounding districts? Yes. Although there are two B-3 districts east ofthe site, those sites are situated next to US Highway 83 and are therefore able to accommodate business trafficking. There are no business districts in the immediate residential area. Will change adversely influence living conditions in the neighborhood? Yes, the proposed B-1 may negatively influence the residential area south and southwest ofthe site. Are there substantial reasons why the property can not be used in accord with existing zoning? Yes, the current zoning only allows for residential purposes. Page 2 of 2 ORDINANCE NO. 2008-0- AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING LOT 22, BLOCK 1, SANTA RITA UNIT IX, LOCATED AT 219 ASTURIAS COURT, FROM R-2 (MULTI-FAMILY RESIDENTIAL DISTRICT) TO B-1 (LIMITED COMMERCIAL DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a zone change has been requested by the owners ofLot 22, Block 1, Santa Rita Unit IX, located at 219 Asturias Court, from R-2 (Multi-Family Residential Dis trict) to B-1 (Limited Commercial 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 September 18, 2008, and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has rec ommended denial 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 October 20, 2008, on the request 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 22, Block 1, Santa Rita Unit IX, located at 219 Asturias Court, from R-2 (Multi Family Residential District) to B-1 (Limited Commercial District). Section 2: This ordinance shall be published in a manner provided by Section 2.09 (D) ofthe Charter ofthe City ofLaredo. 1 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 ..}?y~\:rs~~A.~'H..yA~LU.E~~' . ASSISTANT CITY ATTORNEY 2 219 Asturias Rezone frol. .-2 (Multi-Family Residential Dif .) to B-1 (Limited Commercial District) ZC-60-2008 .. NORTH 14 9 14 9 14 9 9 1------;1------;1 10 t C/) 13 13 10 «. 10 j 1------1I------I lil 6rn 12 11 (3 ~/ 11-__..1.-__---..··/ ",. --'--1__ JEMEZ LOOP R-3 50' 28 26 32 31 30 29 27 / 2 I ~ 1 i R-3 ~ ,! .r/"" Il----.....-~~~'l"n'.;'---...... ~::'::'::_ ...... ~_=_=_=_=_=~== I MAJOR COLLECTOR SORIA DR 'V...... --...... ------, ...... SORU\~ ... 60' , 80' ... ~ I /·~-1-1--rl ---10--"·" 11 10 ~if-___:1-·\'f 12 i 12 9 9 21 20 13 8 13 8 2 19 14 7 w 14 7 1------1------; ~ 15 6 Q 15 6 18 I iii 161 ~ B-3 1 1------I-lfj5J-~~_t aQ 1- -.c-~--tI.::J-----j'J , 16 ~ 5 ::i 16 K-Z 5 ~ • 17 3 i 1-- -+-----; ~ ~ lil t----4 : 17 4 ~ 16 \------j , 17 4 , 18 3 18 3 15 , 4 I I 19 19 2 2 14 f , 20 13 e 20 I .,--,------'------/ -,,-~--~-'------'/ 5 D OVIEDO ST 12 @ ) 50' , /------.--I-~-··'-, ./ 12 I 11 , 11 1 inch equals 152 feet ZONE DISTRICTS City of Laredo I22Ql ZC-60-2008 ':.-J Zone Districts GIS Division 219 Asturias Laredo, TX 78046 Lot 22 Block 1 Santa Rita Subdivision Unit IX North .. 48' ..: C ...... C'G o in en 0'1 33' Asturias 219 Asturias Court ZC-60-08 219 Asturias Court ZC-60-08 2 COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City ofLaredo by rezoning Lot 1, Block 10/20108 368, Western Division, located at 1802 San Bernardo Avenue, from B-3 (Community Busi ness District) to B-4 (Highway Commercial District). The Planning and Zoning Commis- Item # sion has recommended denial ofthe zone change. ZC-48-2008 Initiated by: Staffsource: Natividad Lozano Keith Selman, Planning Director Juan Nieto Prior action: None. BACKGROUND Council District: VIII - Cynthia Liendo Espinoza Proposed use: Amusement Redemption Machines Site: The site is occupied by Club Gastronomico. Surrounding land uses: To the north are offices, Garza's Fence Supply, Oralia's Beauty Image, an insurance office, Ramirez Auto Plex, Kirkpatrick Leather Company, Western Horn Showroom, vacant lots, a wholesale commercial building, Tire Center ofLaredo, Popeye's, Covenant Auto Sales, San Miguel Antiques, Maribella's Unisex Salon, a strip mall, Loncheria Mexicana" Ready Set Learn Child Development Center, a counseling center, a restaurant, single family housing, and Martin High School. To the east lie La Reynera Bakery, Treasure Island Game Room, Nena's Auto Plex, Fantasy Videos, Laredo Uniform, Majestic Shoe Shop, and a commercial building. To the south are Rubio Electric, Midway Textile Inc., T-Shirts and Screen Printing, City Radiator and Auto Air, Ramirez Tire, Laredo Auto Paint, Tattoo Creations, Sherwin Williams, Villarreal Auto Service #2, Tijerina Auto Service, multi-family dwellings, single family housing, and vacant lots. To the west lie single family housing, a multi-family structure, The Magic Cut, Marquez Auto Shop, and a flower shop. Comprehensive Plan: The Comprehensive Plan identifies this area as Retail/Office. Transportation Plan: The Long Range Thoroughfare Plan identifies San Bernardo Avenue as a Ma jor Collector. Letters sent to surrounding property owners: 31 In Favor: 0 Opposed: 2 STAFF COMMENTS Staffdoes not support the proposed zone change. The current lot size cannot comply with the lot dimension requirements for a B-4 district. Furthermore, the applicant has identified amusement redemption machines as the reason for the requested zone change. According to the Laredo Land Development Code, these types ofmachines cannot be located within 1,000 feet ofa school or 200 feet from a residential district. Club Gastronomico is located 668.5 feet from Martin High School and directly abuts an R-2 district. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 7 to 0 vote, recommended Staffdoes not support the proposed zone denial ofthe zone change. change. Page 1 of 2 COUNCIL COMMUNICATION IMPACT ANALYSIS B-4 (Highway Commercial District): The purpose ofthe B-4 district is to provide for those busi nesses and services serving a regional area which are to be located primarily along principal (major) arterial streets or the freeway, as classified in the Transportation Plan ofthe City ofLaredo. It is in tended for this zoning classification to exist primarily along principal arterial streets or the freeway and to impose site development regulations to ensure adequate access ofall uses within this classifica tion. Is this change contrary to the established land use pattern? Yes, the established land use is B-3 commercial in nature. Would this change create an isolated zoning district unrelated to surrounding districts? Yes, this area ofSan Bernardo Avenue is a well established B-3 district. Will change adversely influence living conditions in the neighborhood? Yes, the R-2 district directly behind Club Gastronomico may be affected negatively by the higher in tense uses and disturbances a B-4 district allows. Are there substantial reasons why the property can not be used in accord with existing zoning? No, the current zoning allows for sufficient commercial uses. Page 2 of 2 ORDINANCE NO. 2008-0- AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING LOT 1, BLOCK 368, WESTERN DIVISION, LOCATED AT 1802 SAN BERNARDO AVENUE, FROM B-3 (COMMUNITY BUSINESS DISTRICT) TO B-4 (HIGHWAY COMMERCIAL DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a zone change has been requested by the owners ofLot 1, Block 368, Western Division, located at 1802 San Bernardo Avenue, from B-3 (Community Business District) TO B-4 (Highway Commercial District); and, WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on August 21, 2008, and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has rec ommended denial 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 October 20, 2008, on the request 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 1, Block 368, Western Division, located at 1802 San Bernardo Avenue, from B-3 (Community Business District) TO B-4 (Highway Commercial District). Section 2: This ordinance shall be published in a manner provided by Section 2.09 (D) ofthe Charter ofthe City ofLaredo. 1 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 L. HALE ASSISTANT CITY ATTORNEY 2 1802 San Bernardo Rezone" 1m B-3 (Community Business OJ''' <~ict) ~ to aJ-4 (Highway Commercial District) ZC-48-2008 NORTH If I' 3A 4 3 38 II 4 4 II ~C'----~-_+---_.~ -l 3B B-1 I'I' II L c---_--I. ~____l SANCHEZ ST " = """ ":!;, "'"" "'" stl'"'"" "'" .... "'"" "'" ",L=--==-'=-="=:-=;;"""'="""=j I 10 R-O 9 Is r------~:-1---:J 368 . I 367 3 4 4 4 3 2 2 2 -. B-3 GARZAST i 50' 8A 10 9 7 7 2 68 I----I--~--- 3A 4 5 5 8 7 w 38 6A ~ 4A 5A 6A o o 5 t-~------I;~ ~. t------I81------I 6B z/iS a: 6 w 5 4 3A 38 !Xl ~ 7A 4 3 a:: 8A 88 ~ 78 2 1A 2 8 • a:: 9 10A • o 10B • j • CALLAGHAN ST ! 50' I I I 8 7 8 7 7A 6 5A 6 5A 6 1 inch equals 105 feet ZONE DISTRICTS City of Laredo ~ ZC-4S-200S ~ -oJ Zone Districts GIS Division .\\"\ \ 1802 San Bernardo Avenue ZC-48-2008 COUNCn. COMMUNICATION DATE: SUBJECT: FINAL READING ORDINANCE NO. 2008-0-209 Amending the City ofLaredo Health Department FY 2008-2009 annual budget by 10/06/2008 appropriating revenues and expenses in the amount of $24,750.00 from the University ofTexas Health Science Center at San Antonio for the continuation of the Department's South Texas Family AIDS Network grant, award period beginning August 1, 2008 through July 31, 2009, to provide patient care for mV/AIDS patients. INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy City Manager Health Director PREVIOUS COUNCn. ACTION: On October 6, 2008, Council introduced ordinance. BACKGROUND: The University ofTexas Health Science Center at San Antonio (UTHSCSA) as a result ofa grant to the UTHSCSA from the U.S. Department ofHealth and Human Services, Health Resources and Services Administration (HRSA) continues to contract with the City of Laredo to provide primary care and prevention public health services to residents ofLaredo and Webb County through the City ofLaredo Health Department. The City ofLaredo Health Department through these funds will provide comprehensive case management services and mental health/substance abuse assessment to sixty-one (61) Title IV-eligible women, infants, children, and youth to ensure that those presently in care remain in care, to bring newly diagnosed with HIV into care, and to return to care those who currently receive no medical and psychosocial care for their mV/AIDS disease. BUDGET ON NEXT PAGE FINANCIAL: The City of Laredo will receive $24,750 from UTHSCSA for continuation of Department's mV/AIDS South Texas Family AIDS Network grant for the period beginning August 1, 2008, through July 31, 2009. The revenue account is 226-0000-326-2001 and expenditure account is 226-6401 with Project No. HEST01. RECOMMENDATION: STAFF: Recommends that Council approve the ordinance. UTHSCSA -South Texas Family AIDS Network 226-640I-Project No. HESTOI BUDGET 'HI iREVENUES iuTHsCSA GRANT REVENUE $ 24,750 !PROGRAM INCOME 0 IrOTAL REVENUES $ 24,750 SES !PERSONNEL $ 19,048 iFRINGEBENEFlTS 5,702 IrRAVEL !EQUIPMENT iSUPPLIES !CONTRACTUAL PTHER ~UB-TOTAL $ 24,750 iINDlRECT CHARGES iREsERVE(PROGRAMINC.) < ' •.. , .. !TOTAl > $ ".17<;0 '.'. ORDINANCE 2008-0-209 AMENDING THE CITY OF LAREDO HEALTH DEPARTMENT FY 2008-2009 ANNUAL BUDGET BY APPROPRIATING REVENUES AND EXPENSES IN THE AMOUNT OF $24,750.00 FROM THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO FOR THE CONTINUATION OF THE DEPARTMENT'S SOUTH TEXAS FAMILY AIDS NETWORK GRANT, AWARD PERIOD BEGINNING AUGUST 1, 2008 THROUGH JULY 31, 2009, TO PROVIDE PATIENT CARE FOR mY/AIDS PATIENTS. WHEREAS, The University of Texas Health Science Center at San Antonio (UTHSCSA) as a result of a grant to the UTHSCSA from the U.S. Department of Health and Human Services, Health Resources and Services Administration (HRSA) continues to contract with the City of Laredo to provide primary care and prevention public health services to residents ofLaredo and Webb County through the City ofLaredo Health Department. WHEREAS, The City ofLaredo Health Department through these funds will provide comprehensive case management services and mental health/substance abuse assessment to sixty-one (61) Title IV-eligible women, infants, children, and youth to ensure that those presently in care remain in care, to bring newly diagnosed with mv into care, and to return to care those who currently receive no medical and psychosocial care for their mV/AIDS disease. 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 2008-2009 annual budget by appropriating revenues and expenses in the amount of $24,750, from the University of Texas Health Science Center at San Antonio (UTHSCSA) for continuation of the Department's South Texas Family AIDS Network, term from August 1, 2008 through July 31,2009. Section 2: Revenue line item 226-0000-326-2001 funded by the UTHSCSA is hereby increased by $24,750. Section 3: Expenditure division 226-6401 is increased by $24,750. Section 4: The City Manager is hereby authorized to accept additional funds from the University ofTexas Health Science Center at San Antonio in support ofthe activities funded by these grants. 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 itLv~~'fJl, 12c~>u'-e<:£ VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY 2 COUNCIL COMMUNICATION DATE: FINAL READING OF ORDINANCE NO. 2008-0-210 10/20/2008 ACCEPTING A GRANT OF $40,000.00 FROM SOUTH TEXAS DEVELOPMENT COUNCIL TO BE USED FOR A LITTER REDUCTION CAMPAIGN AND HOUSEHOLD HAZARDOUS WASTE COLLECTION OF FLUORESCENT LIGHT BULBS; AND AMENDING THE CITY OF LAREDO ANNUAL BUDGET FOR FISCAL YEAR 2008 2009 FOR ENVIRONMENTAL SERVICES TO APPROPRIATE THE SAID AMOUNT FOR THE RELEVANT EXPENDITURE ACCOUNTS. INITIATED BY: STAFF SOURCE: Jesus Olivares, Riazul Mia, P.E., Director Assistant City Manager Environmental Services Department PREVIOUS COUNCIL ACTION: Council passed resolution 2008-R-037 on authorizing the City Manager to submit a grant application to STDC. BACKGROUND: In November 2003, the City Council adopted a strategic plan that included a Clean City component which includes a goal to create a "trash-free city" as well as elimination ofplastic checkout bags. The proposed project for this grant is for the City ofLaredo to expand upon its litter reduction program by purchasing reusable shopping bags to be given out to the public in a campaign to encourage citizens to use reusable bags. The second component ofthis grant will be the purchase ofa fluorescent bulb crusher and mercury extractor, so that citizens can drop offtheir fluorescent bulbs at the City's Household Hazardous Waste Collection Center for proper disposal. FINANCIAL IMPACT: Budget Amended Adjustment Revenue: 249-0000-323-1801 30,000 40,000 10,000 249-3858-542-3210 - 16,000 16,000 249-3858542-2400 - 4,000 4,000 249-3858-543-6200 - 20,000 20,000 249-3840-544-9900 94,488 64,488 (30,000) Total 10,000 RECOMMENDATION: STAFF RECOMMENDATION: Introduction ofthe ordinance. ORDINANCE NO. 2008-0-210 ACCEPTING A GRANT OF $40,000.00 FROM SOUTH TEXAS DEVELOPMENT COUNCIL TO BE USED FOR A LITTER REDUCTION CAMPAIGN AND HOUSEHOLD HAZARDOUS WASTE COLLECTION OF FLUORESCENT LIGHT BULBS; AND AMENDING THE CITY OF LAREDO ANNUAL BUDGET FOR FISCAL YEAR 2008-2009 FOR ENVIRONMENTAL SERVICES TO APPROPRIATE THE SAID AMOUNT FOR THE RELEVANT EXPENDITURE ACCOUNTS. Whereas, the South Texas Development Council (STDC) has issued a request for proposals for funding oflocal projects; and Whereas, these funds will be used for a litter reduction campaign and household hazardous waste collection offluorescent Light bulbs; and Whereas, the South Texas Development Council approves the grant, without requiring any local match; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1. The grant be accepted from the South Texas Development Council the amount of $40,000.00 and that the City of Laredo's FY 2008-2009 Annual Budget for Environmental Services, be amended by appropriating the said grant revenue to the appropriate expenditure accounts. Section 2. The City of Laredo will comply with the provisions of the financial assistance program and the fiscal reimbursement and reporting requirements of the South Texas Development Council. Section 3. The City of Laredo hereby agrees that the funds received from the South Texas Development Council will only be used for the purpose of implementing a litter reduction campaign and household hazardous waste collection offluorescent light bulbs. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS _ DAY OF , 2008. Honorable Raul G. Salinas Mayor ATTEST: Gustavo Guevara, Jr. City Secretary APPROVED AS TO FORM: Raul Casso City Attorney By:------Anthony McGettrick Assistant City Attorney COUNCIL COMMUNICATION DATE: SUBJECT: FINAL READING ORDINANCE NO. 2008-0-211 Amending the City ofLaredo Health Department FY 2008-2009 budget by increasing revenues 10/20/2008 and expenditures in the amount of $300,000 for dental care personnel and operations for the City of Laredo Health Department; correcting the amount ofthe one time initial contract for construction from $1,000,000 to $1,300,000 from the Health and Human Services Commission (HHSC) through the University ofTexas Health Science Center Dental School; extending the contract from an end date ofAugust 31, 2008 to August 31, 2009; and, amending the full-time equivalent positions The total award amount is $1,600,000 for a four year period with a start date for operations and personnel September 1,2008, renewable annually. INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy City Manager Health Director PREVIOUS COUNCIL ACTION: On October 6, 2008, Council introduced ordinance. BACKGROUND: The City of Laredo Health Department (CLHD) operates a public health (disease control, prevention and preparedness services), primary preventive health care and dental care clinic located at 2600 Cedar Avenue and eleven (11) other sites in Webb and surrounding counties. To enhance dental and primary preventive care in particular to the underserved and underinsured the CLHD entered into a partnership with the University of Texas Health Science Center at San Antonio (UTHSCSA) dental school for one time construction funding in the amount of $1,300,000, through an MOU approved by Council on February 25, 2008. An additional annual amount of$300,000 will be provided for operations and personnel for a three year period starting September 1, 2008, renewable annually. The UTHSCSA will implement two full time residency training programs in general and pediatric dentistry providing comprehensive training and dental care to underserved clients under the supervision offaculty. They will also provide dental equipment and instruments, chairs, light etc. for 15 fully equipped operatories at a value of$I,500,000. Through this action, the Department is requesting to: • Correct the initial award for construction from $1,000,000 to 1,300,000 • Extend the end date ofthe contractIMOU from August 31,2008 to August 31,2009 • Increase the amount ofthe MOU by $300,000 from $1,300,000 to $1,600,000 • Add a full time equivalent position - Medical Office Assistant (MOA) The additional funds of $300,000 through Memorandum of Understanding Year II will be used to contract with a dentist (full or part-time). The City will continue clinical operations in designated clinic in partnership with the UTHSCSA dental school to enhance comprehensive dental care and training services primarily to underserved families at the CLHD/Dental Clinic (herein referred to as "Dental Clinic") located at 2600 Cedar Avenue The Department is also requesting to amend the full-time equivalent positions by adding one (1) fulltime Medical Office Assistant with benefits to fulfill the CLHD's Title V and FREW care requirements. The construction ofthe new clinic is slated to be completed by mid to late October 2008. The MOU/contract is being revised to extend the end date from August 31, 2008 to August 31,2009. BUDGET ON NEXT PAGE FINANCIAL IMPACT: The City ofLaredo will receive additional funds in the amount of$300,000, for the dental and primary care clinic and for support services from the HHSCIUTHSCSA Dental School. The revenue account for the UTHSC-SA Dental Clinic is 226-0000-326-2006. The expense account is 226-6402 with Project No. HEUTOI. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Recommends that Council approve the Ordinance. UTHSCSA - MOD YR II Acct No. 226-6402 Continues Page 2 BUDGET ~ATEGQRIES c~ n~'...... , ...... ",...... ' [REVENUES I\JTIISCSA REVENUE $ 300,000 lPROGRAMINCOME [rOTAL REVENUES $ 300,000 ~XPENSES PERSONNEL $ 61,492 FRINGE BENEFITS 32,746 lRAVEL EQUIPMENT SUPPIlES 7,500 CONIRACTUAL 172,742 011IER 25,520 SUB-TOTAL $ 300,000 INDIRECT CHARGES 0 RESERVE (pROGRAM INC.) 0 c· ". > TOTAr. $ •.C'. ORDINANCE 2008-0-211 AMENDING THE CITY OF LAREDO HEALTH DEPARTMENT FY 2008 2009 BUDGET BY INCREASING REVENUES AND EXPENDITURES IN THE AMOUNT OF $300,000 FOR DENTAL CARE PERSONNEL AND OPERATIONS FOR THE CITY OF LAREDO HEALTH DEPARTMENT; CORRECTING THE AMOUNT OF THE ONE TIME INITIAL CONTRACT FOR CONSTRUCTION FROM $1,000,000 TO $1,300,000 FROM THE HEALTH AND HUMAN SERVICES COMMISSION (HHSC) THROUGH THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER DENTAL SCHOOL; EXTENDING THE CONTRACT FROM AN END DATE OF AUGUST 31, 2008 TO AUGUST 31, 2009; AND, AMENDING THE FULL TIME EQUIVALENT POSITIONS THE TOTAL AWARD AMOUNT IS $1,600,000 FOR A FOUR YEAR PERIOD WITH A START DATE FOR OPERATIONS AND PERSONNEL SEPTEMBER 1, 2008, RENEWABLE ANNUALLY. WHEREAS, The City ofLaredo Health Department (CUID) operates a public health (disease control, prevention and preparedness services), primary preventive health care and dental care clinic located at 2600 Cedar Avenue and eleven (11) other sites in Webb and surrounding counties. To enhance dental and primary preventive care in particular to the underserved and underinsured the CLHD entered into a partnership with the University of Texas Health Science Center at San Antonio (UTHSCSA) dental school for one time construction funding in the amount of $1,300,000, thru an MOU approved by Council on February 25, 2008. An additional annual amount of $300,000 will be provided for operations and personnel for a four year period starting September 1, 2008, renewable annually. WHEREAS, The UTHSCSA will implement two full time residency training programs in general and pediatric dentistry providing comprehensive training and dental care to underserved clients under the supervision offaculty. They will also provide dental equipment and instruments, chairs, light etc. for 15 fully equipped operatories at a value of $1,500,000. Through this action, the Department is requesting to: • Correct the initial award for construction from $1,000,000 to 1,300,000 • Extend the end date ofthe contract/MOU from August 31, 2008 to August 31,2009 • Increase the amount ofthe MOU by $300,000 from $1,300,000 to $1,600,000 • Add a full time equivalent position - Medical Office Assistant (MOA) WHEREAS, The additional funds of $300,000 through Memorandum of Understanding Year II will be used to contract with a dentist (full or part-time). The City will continue clinical operations in designated clinic in partnership with the UTHSCSA dental school to enhance comprehensive dental care and training services primarily to underserved families at the CLHDlDental Clinic (herein referred to as "Dental Clinic") located at 2600 Cedar Avenue WHEREAS, The Department is also requesting to amend the full-time equivalent positions by adding one (1) fulltime Medical Office Assistant with benefits to fulfill the CLHD's Title V and FREW care requirements. WHEREAS, The construction of the new clinic is slated to be completed by mid to late October 2008. The MOU/contract is being revised to extend the end date from August 31,2008 to August 31,2009. 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 2008-2009 budget by increasing revenues and expenditures in the amount of $300,000 for dental care personnel and operations; correcting the amount ofthe one time initial contract for construction from $1,000,000 to $1,300,000 from the Health and Human Services Commission (HHSC) through the University of Texas Health Science Center Dental School; extending the contract from ending August 31, 2008 to August 31, 2009; and, amending the full-time equivalent positions. The total amount award of $1,600,000 is for a four year period starting September 1, 2008, renewable annually. Section 2: Revenue line item 226-0000-326-2006 funded by the UTHSCSA IS hereby increased by $300,000. Section 3: Expenditure division 226-6402, Project No. HEUTOI is increased by $300,000. Section 4: Amending the Full-time Equivalent positions by one (1) Medical Office Assistant with benefits. Section 4: The City Manager is hereby authorized to accept additional funds from the University of Texas Health Science Center at San Antonio in support of the activities funded by these grants. 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 t~~l 11, f2a~~) Valeria M. Acevedo Assistant City Attorney 2 COUNCIL COMMUNICATION DATE: SUBJECT: FINAL READING OF ORDINANCE NO. 2008-0-212 Amending Chapter 32, Vehicle for Hire, Article II, Taxicabs, Operating Authority, 10-20-2008 Section 32-22, Initial application for annual permit, of the Code of Ordinances of the City of Laredo, adding sub section (0) requiring that all taxicab permit owners shall attend a mandatory annual meeting to be held by Staff to review vehicle for hire taxicab current and new additions, deletions, amendments to ordinance before taxicab permits are issued or renewed and to provide for severability, publication and effective date. INITIATED BY: STAFF SOURCE: Carlos Villarreal, City Manager Jesus Olivares, Asst. City Manager Roberto Murillo, P.E., P.T.O.E, Traffic Manager PREVIOUS COUNCIL ACTION: First Reading of Ordinance approved by City Council on 10-06-08. BACKGROUND: It is necessary to amend ordinance to clarify some of its sections and to properly enforce taxicab operation regulations. The proposed amendment to this section of the Vehicles for Hire Ordinance was presented to the Transportationrrraffic Safety Advisory Committee on September 11, 2008. The Committee recommended in favor of proposed ordinance amendment. The proposed ordinance amendment is as follows: Sec. 32-22 Initial application for annual permit. Will add new subsection 0, within the ordinance, requiring that taxicab permit owners shall attend a mandatory annual meeting to be held by Staff to review vehicle for hire taxicab current and new additions, deletions, amendments to ordinance before taxicab permits are issued or renewed. For the past few years, the Permit Division has been requiring all taxicab permit owners to attend the annual meeting hosted by the staff to provide information regarding any changes to ordinance that might have occurred during the year. This requirement was established after several situations arised where taxicab permit owners mentioned, they were not aware of the new ordinance requirements when certain violations of the ordinance took place. We have experienced situations where several taxicab permit owners have refused to attend annual meetings citing that there is no such requirement in the existing vehicle for hire ordinance. The Permit Division strongly recommends that this ordinance be approved as proposed in order to properly inform all taxicab permit holders and enforce ordinance accordingly. FINANCIAL IMPACT: None. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Transportation and Traffic Safety Advisory Staff recommends approval of this ordinance. Committee recommended approval on 09-11-08. ORDINANCE NO. 2008-0-212 AMENDING CHAPTER 32, VEHICLE FOR HIRE, ARTICLE II, TAXICABS, OPERATING AUTHORITY, SECTION 32-22, INITIAL APPLICATION FOR ANNUAL PERMIT, OF THE CODE OF ORDINANCES OF THE CITY OF LAREDO, ADDING SUB SECTION (0) REQUIRING THAT ALL TAXICAB PERMIT OWNERS SHALL ATTEND A MANDATORY ANNUAL MEETING TO BE HELD BY STAFF TO REVIEW VEHICLE FOR lliRE TAXICAB CURRENT AND NEW ADDITIONS, DELETIONS, AMENDMENTS TO ORDINANCE BEFORE TAXICAB PERMITS ARE ISSUED OR RENEWED AND TO PROVIDE FOR SEVERABILITY, PUBLICATION AND EFFECTIVE DATE. WHEREAS, it is necessary to amend ordinance to add and clarify some ofits sections and to properly enforce taxicab operation regulations; and WHEREAS, the Transportation and Traffic Safety Advisory Committee has recommended approval ofthe proposed Vehicle for Hire ordinance amendments; and WHEREAS, it is in the opinion ofthe City Council that it is in the best interest ofthe city to apply the best and fairest method to maintain taxicab operations throughout the city recognizing that increased regulation constitutes a benefit to the city. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: SECTION 1. AMENDMENT Chapter 32, Vehicle for Hire, Article II, Taxicabs, Section 32-22, of the Code of Ordinances ofthe City ofLaredo is hereby amended as follows: DIVISION 2. OPERATING AUTHORITY Sec. 32-22. Initial application for annual permit. The applicant for an annual permit must be the person or business who will own and, control or operate the proposed taxicab service. The vehicle utilized to provide the taxicab service must be registered to the State ofTexas in the name ofthe applicant acquiring the permit. An applicant shall file with the city manager a written, notarized application. Applications will be made available when required by public convenience and necessity in order to be processed for the lottery system. Applicants which acquire a permit through the lottery system or are transferred are required to post a fifty dollar ($50.00) filing fee, to be used to defray the cost ofprocessing and investigating the application. Such fee shall not be required for renewals. The application shall contain the following: (a) Form ofbusiness: Ifthe business is a corporation partnership, sole proprietorship, or association, a copy of the documents establishing the business, the name, address and citizenship ofeach person with a direct interest in the business; (b) Name, address and verified signature ofthe applicant; (c) An actual or pro forma income statement and balance sheet showing the assets, liabilities and equity ofthe business; (d) Reserved. (e) Description ofthe vehicle the applicant proposes to use in the operation ofthe taxicab service; and physical location ofthe principal offices and mailing address proposed taxicab service; (t) Name of the taxicab company the applicant will be affiliated with and description of insignia to be used ifany; (g) Documentary evidence from an insurance company, authorized to do business in the State of Texas, indicating a willingness to provide liability insurance required by this article; (h) Documentary evidence of payment of all ad valorem taxes levied by each local government on the personal and/or real property to be used in connection with the operation ofthe proposed taxicab service; (i) Such additional information as the applicant desires to include to aid in the determination ofwhether or not the requested operating authority should be granted. G) Documentary evidence of paid in full of any outstanding traffic or parking fines with the City of Laredo and Webb County, or a sworn statement that the applicant has no outstanding traffic or parking tickets with the City ofLaredo and Webb County. (k) Whether the applicant has ever been charged, convicted or sentenced to probation ofa felony, Whether the applicant has ever been cbarged, convicted or sentenced to probation of an offense involving moral turpitude of a Class A or higher classification. Any applicant who is charged, convicted or sentenced for the above offenses within three (3) years before applying for a permit shall not be eligible to receive a taxicab permit. Permit holders who are operating taxicabs without a taxicab driver's license shall have their permit automatically revoked. Permit holders who are taxicab drivers shall comply with Section 32-35 and are required background checks. (1) Form entitled "Request for Information for Texas Driver's Licensing Records," and as part ofthe application, shall pay the required fee and submit sucb application to the Texas Department ofPublic Safety with a notation that the information is to be mailed to the city manager's authorized representative. A taxicab permit application sball be subject to rejection ifthe information received from the Texas Department ofPublic Safety discloses that the applicant's record should disqualify him or her from receiving a taxicab permit. (m) Must be eighteen (18) years of age or older and possesses a valid Texas Driver's License. (n) An affidavit, on forms to be provided by the city manager, that be or she is a citizen of the United States ofAmerica, by birth or naturalization; or, ifan alien, evidence that he or she is legally residing in the United States ofAmerica and that he or sbe has the legal right to engage in such employment. 2 1(0; All taxicab permit owners shall attend a mandatory annual meeting to be held by Staffto review vehicle for hire taxicab current and new additions. deletions. amendments to ordinance before taxicab permits are issued or renewed I SECTION 2: SEVERABILITY Ifany provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, invalid or for any other reason unenforceable, the validity of the remaining portion of this ordinance or its application to other persons or sets of circumstances shall not be affected thereby, it being the intent ofthe City Council ofthe City ofLaredo in adopting this ordinance that no portion hereofor provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity and all provisions are declared severable for that purpose. SECTION 3: PUBLICATION This ordinance shall become effective upon its passage following the date of publication required pursuant to the provisions set for in Section 2.09 (d) ofthe City Charter. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON TlliS DAY OF ,2008. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO, CITY ATTORNEY ~~~~~~ KRISTINA L. HALE ASSISTANT CITY ATTORNEY 3 COUNCIL COMMUNICATION DATE SUBJECT: RESOLUTION NO. 2008-R-122 10/20108 ACCEPTING THE DONATION OF A SANITARY SEWER EASEMENT FROM TARGET CORPORATION, A MINNESOTA CORPORATION, IN ORDER TO INSTALL AND MAINTAIN AN EIGHT INCH (8") SANITARY SEWER LINE OUT OF A FIFTEEN FEET (15') WIDE EASEMENT. SAID EASEMENT CONSISTING OF 0.0837 ACRES, MORE OR LESS, BEING A PORTION OF LOT 2A, BLOCK 1, PONDEROSA COMMERCIAL UNIT 4 ADDITION, TO THE CITY OF LAREDO, AS RECORDED IN DOCUMENT NO. 1009157 VOLUME 2611, PP.824-828 AN OFFICIAL PROPERTY RECORD OF WEBB COUNTY, TEXAS; AND DESCRIBED BY METES AND BOUNDS AND SURVEY ATTACHED AS EXHIBITS A AND B. INITIATED BY: STAFF SOURCE: Cynthia Collazo Ronnie Acosta, CD Director Deputy City Manager Tomas M. Rodriguez Jr., P.E. Utilities Director PREVIOUS COUNCIL ACTION: None. BACKGROUND: Said property has been conveyed to the City by Target Corporation, a Minnesota Corporation, by Sanitation Easement dated July 7, 2008 as a donation to the City In order to install and maintain an eight-inch sanitary sewer line in the property, it is necessary for the City ofLaredo to obtain the above-referenced Sanitary Sewer Easement. Target Corporation has executed a Sanitary Sewer Easement conveyance instrument as described on attached Exhibits A and B. Accordingly, it is in the best interest ofthe City ofLaredo to accept the above reference easement. FINANCIAL IMPACT: None COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA Staffrecommends approval ofResolution. RESOLUTION NO. 2008-R-122 Accepting the donation of a Sanitary Sewer Easement from Target Corporation, a Minnesota Corporation, in order to install and maintain an eight inch (8") sanitary sewer line out of a fifteen feet (15') wide easement. Said easement consisting of 0.0837 acres, more or less, being a portion ofLot 2A, Block 1, Ponderosa Commercial Unit 4 Addition, to the City of Laredo, as recorded in Document No.1009157, Volume 2611, pp. 824 828 an official property record of Webb County, Texas; and described by metes and bounds and survey attached as exhibits A and B. WHEREAS, said property has been conveyed to the City by Target Corporation, a Minnesota Corporation, by Sanitation Easement dated July 7, 2008 as a donation to the City; and WHEREAS, in order to install and maintain an eight-inch sanitary sewer line in the property, it is necessary for the City ofLaredo to obtainthe above-referenced Sanitary Sewer Easement; and WHEREAS, Target Corporation has executed a Sanitary Sewer Easement conveyance instrument as described on attached Exhibits A and B NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: A. It hereby accepts the donation of a Sanitary Sewer Easement from Target Corporation, a Minnesota Corporation, in order to install and maintain an eight-inch sanitary sewer line. Said Utility Easement being out a track of land containing 0.0837 acres, more or less, situated in the City ofLaredo, Webb County, Texas, being a portion ofLots 2A, Block 1, Ponderosa Commercial unit 4 additions, to the City ofLaredo in Document No.1009157, Volume 2611, pp.824-828 an official property record of Webb County, Texas; and described on attached as Exhibit A & B. B. This resolution shall become effective on passage thereof. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS, THE __DAY OF , 2008. RAUL G. SALINAS MAYOR 1 ATTEST: GUSTAVO GUEVARA, JR CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO IV CITY ATTOlU'fEhY / , .J' j/-- / Iiy / &? J / i // ! I f By:)/ ///7 ·1j;;;:dc;-,\ ,A1'{THONY q. McGETTRICK,\ ASSJ.:!CITY/ATTORNEY 2 SANITARY SEWER EASEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTYOF~BB § That the undersigned, Target Corporation, a Minnesota Corporation, hereinafter referred to as "Grantor", for and in consideration ofthe sum ofTen Dollars ($10.00) cash, and other good and valuable consideration in hand paid by the Grantee herein named, the receipt of which is hereby fully acknowledged and confessed, has GRANTED, SOLD, CONVEYED and DEDICATED and by these presents does hereby GRANT, SELL, CONVEY and DEDICATE unto the CITY OF LAREDO, a home rule city and political subdivision ofthe State ofTexas, its successors and assigns, hereinafter referred to as "Grantee", a sanitary sewer easement, giving Grantee the right to construct, reconstruct, repair and perpetually maintain sanitary sewer main or mains together with all necessary laterals and appurttm.ant facilities, in, over, upon and across the following tract ofland in Webb County, Texas: A tract ofland containing 0.0837 acres, more or less, situated in the City ofLaredo, Webb County, Texas, being a portion of Lot 2A, Block 1, Ponderosa Commercial Unit 4 Addition, an addition to the City of Laredo, as recorded in Document No. 954509, of the plat records of Webb County, Texas, and this 0.0837 acre tract is more particularly described by metes and bounds in Exhibit A attached hereto, and shown on survey attached hereto as Exhibit B. This conveyance, however, is made and accepted subject to any and all validly existing encumbrances, easements, mineral leases, conditions and restrictions, relating to the hereinabove described property as now reflected by the Official Property Records, ofWebb County, Texas 1 TO HAVE AND TO HOLD the same perpetually to Grantee, together with the right and privilege, at any and all times, to enter said premises, or any part thereof, for the purpose of constructing, reconstructing, repairing and maintaining said sanitary sewer easement, including all necessary larrups and appurtenant facilities. EXECUTED on this ~day ofJune, 2008. _~.I!I.D!~ire~c;to;reR;;e:;a::,{~E:st~a~te~' Title: !l!lJaFget C()f'f:Iol'ation _ STATE OF MINNESOTA § COUNTY OF HENNEPIN § This instrument was acknowledged before me on the ~day ofJune, 2008 by JRne,:'£orc.2.fl.b \hlQch1klB>~bfTarget Corporation, a Minnesota Corporation, on behalfofsaid corporati0tt) _ Notary Public, State ofMinnesota ~~~~-~"'*~~'/ AFTER RECORDING RETURN TO: I 2 .David Petree Registered Professional Land 5wveyor 110115 Midway Road Dallas, Texas 75229 Phone (214) 358-4500 Fax (214) 358-4600 0.0837 ACRE PARCEL PONDEROSA COMMERCIAL UNIT NO.4 CITY OF LAREDO, WEBB COUNTY, TEXAS BEING all of a tract of land situated in the City of Laredo, Webb County, Texas, and being a portion of lot 2A, Block 1, PONDEROSA COMMERCIAL UNIT 4 AD.DITION, an addition to the City of Laredo, as recorded in Document No. 954509, of the Plat Records of Webb County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point in the southerly right-of-way line of CLARK BOULEVARD EXTENSION {SPUR 400), {120' Right-of Way), said point being the northeast corner of said lot 2A and also being the northwest corner of Lot 1, Block 1, PONDEROSA COMMERCIAL UNIT 4 ADDITION, an addition to the City of Laredo, as recorded in Document No. 879916, of the Plat Records of Webb County, Texas; THENCE South 00°00'00" West departing said southerly right-of-way line of CLARK BOULEVARD EXTENSION (SPUR 400), (120' Right-of Way) along the common line of said Lots 2Aand 1, passing the southwest corner of said Lot 1 at a distance of 194.21.feet, said point also being the northwest corner of Lot 2C, Block 1, PONDEROSA COMMERCIAL UNIT 4 ADDITION, an addition to the City of Laredo, as recorded in Document No. 954509, of the Plat Records of Webb County, Texas and continuing along the common line ofsaid Lots 2A and 2C for a total distance of 216.16 feet to the POINT OF BEGINNING for this description; THENCE South 00° 00' 00" West continuing along said common line of Lots 2A and 2C for a distance of 15.49 feet to a point for corner; THENCE North 75° 33' 08" West departing said common line and said Lot 2C, through said Lot 2A for a distance of 30.81 feet to a point for corner; THENCE North oory 00' 00" East for a distance of 226.33 feet toa point for corner in said southerly right-of-way line of aforesaid CLARK BOULEVARD EXTENSION (SPUR 400), (120' Right-of Way), said point also being the beginning of a curve to the right having a radius of 1849.86 feet and a chord bearing of South 85° 41 '33" East a distance of 15.04 feet; EXHIBIT J THENCE along said southerly right-of-way line of CLARK BOULEVARD EXTENSION (SPUR 400), (120' Right-of Way) and along said curve to the right through a central angle of 00°27' 57" and an arc length of 15,04 feet to a point for corner; THENCE South 00° 00' 00" West departing said southerly right-of-way line of CLARK BOULEVARD EXTENSION (SPUR 400), (120' Right-of Way) through said lot2A for distance of 213.58 feet to a point for corner; THENCE South 75°33'08" East 15.32 feet to the POINT OF BEGINNING and CONTAINING 0.0837 ACRES OF LAND, more or less. Revised March 10, 2008 Prepared March 2, 2008 from surveys made on the ground ~1J4Ja David Petree Registered Professional Land Surveyor No. 1890 >:'1 )"AG£. "7 l""""""'-~------~_._------....-.., "'LINE TABLE,... LINE LENGTH BEARING Ll 216.16' S OO~OO'OON 'vi L2 15.49' S 00·00'00' 'vi L3 30.81' N 75~33'081' 'vi L4 226.33' N OO~OO'OOv E L5 213.58' S OO~OO'OO" 'vi L6 15.32' S 75~33'O8' E EXH~BIT MAP i5' UTIUTY EASEMENT .0.083\7 ACRES OF LAND PONDEROSA COMMERCIAL UNiT NO. 4 CITY OF LAREDO WEBB COUNTY, TEXAS -_.._...... •....._-- / [)(ISTING ,/ / 12' UTILITY EASEMENT I DOC. I~O. 879916 // I P.R.W.C. T. _~// 15' UTILITY z I EASEMENT A/ 0.0837 ACRES o LOT U. BLOCK 1 UJ- POND£ROSA COMME:RCIAL UNIT 4 DOC. NO. 9'54509 z P.ll.W.C.T. au I )( SOUTH 177.48' 194.2/' / au _ SOUTH / L2 t '" // / P.O.B. (' /' EXISTING ( "" o / 12' UTILITY EASEMENT I Q~O DOC liD. 379916 I ~ r- p.R.W.C.T. I a: ... LOT 2C / I BLOCI< 1 / , C~ PONDEROSA COMMERCIAL Uf\IIT 4 ,I >~a: DOC NO. 954509 I P.R. W.C.T. , n IU~~ I ih 1m ... ;:,0. LOT 1 ::» en BLOCK 1 : :li PONDEROSA CQMMERCIALUNIT 4~ o DOC. NO. 879916 I IXI P.R.W.C.T. I I I ~ I ,I a: . EXISTING / c 12' UTILITY EASEMENT ,I 120' DOC. ~IO. 1379916 / ... I p.p.W.e.T. ,/ o ,/ GRAPHIC SCALE: 1J1 := 60' I ./ I L£G£NO P.O.C. - POINT OF COMM£NCING - ..... - ..~ '-'''' -. .I ... "" P.O.B. - POINT OF 8£GlNNINC I (BASIS OF 8£ARINGS P£R DEED ·8 0 B B . RECORDED DOC. NO. 954509, P.R. W. C.T. REVISED 03/10/2008 lOO UllOCK • MAP PREPARED (120- P 2 0 MARCH 2. 2008 RIGHT FROM SURVEYS. OF WAY) BY: EXH~B~T MAP' 15' UTiLITY EASEMENT DAVID PETREE REGISTERED PROFESSIONAL LAND 0.0837 ACRES OF LAND SURVEYOR NO, 1890 11015 MIDWAY ROAD PONDEROSA COMMERCIAL U~lIT NO. .4 DALLAS. TEXAS C~TY (214) 358-4500 PHONE OF LAREDO (214) 358-4600 FAX WEBB COUi\JTY, TEXAS EXHIBIT ---Bl-.--- ,----..------..- ---.-- -.------..----·'-IIIIIIIIIIII_lIIIIIIIIIIIlIIIIIIIIIIIlIIIIIIIIIIIlIIIIIIIIIIIfIIIIII'----..---· ..--· ·.. ------COUNCIL COMMUNICATION DATE SUBJECT: RESOLUTION NO. 2008-R-124 10/20/08 ACCEPTING THE DONATION OF A UTILITY EASEMENT FROM CARMEL APARTMENTS, LTD., FOR INSTALLATION AND MAINTENANCE OF UTILITY LINES; AND COpy OF THE CONVEYANCE OF SAID EASEMENT IS ATTACHED AS EXHIBIT 1 OF THIS RESOLUTION, AND THE METES AND BOUNDS DESCRIPTION OF THE 1.1354 ACRE UTILITY AREA IS PROVIDED IN EXHIBIT A OF SAID EXHIBIT 1. INITIATED BY: STAFF SOURCE: Cynthia Collazo Ronnie Acosta, CD Director Deputy City Manager Tomas M. Rodriguez Jr., P.E. Utilities Director PREVIOUS COUNCIL ACTION: None. BACKGROUND: Carmel Apartments, Ltd has conveyed to the City a utility easement over a 1.1354 acre tract as requested by the Department ofUtilities. Copy ofthe conveyance is attached to the resolution as Exhibit 1, and the metes and Bounds description ofthe easement area of 1.1354 is contained in Exhibit A ofsaid Exhibit 1. FINANCIAL IMPACT: None COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Approval ofthe resolution. RESOLUTION NO. 2008-R-124 ACCEPTING THE DONATION OF A UTILITY EASEMENT FROM CARMEL APARTMENTS, LTD., FOR INSTALLATION AND MAINTENANCE OF UTILITY LINES; AND COPY OF THE CONVEYANCE OF SAID EASEMENT IS ATTACHED AS EXHIBIT 1 OF THIS RESOLUTION, AND THE METES AND BOUNDS DESCRIPTION OF THE 1.1354 ACRE UTILITY AREA IS PROVIDED IN EXHIBIT A OF SAID EXHIBIT 1. WHEREAS, Carmel Apartments, Ltd. has conveyed to the City ofLaredo a utility easement as requested by the Department ofUtilities; and WHEREAS, copy ofsaid conveyance ofthe utility easement is attached hereto as Exhibit 1, and a metes and bounds description ofthe easement area of 1.1354 acres is provided in Exhibit A attached to Exhibit 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: It accepts the donation of the utility easement from Carmel Apartments, Ltd., for the installation and maintenance of water and wastewater lines, a copy of which conveyance of easement is attached as Exhibit 1, and a metes and bounds description of the 1.1354 acre easement area is described in Exhibit A of Exhibit 1. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS DAY OF OCTOBER, 2008. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAULCA$S(3'! CITY A,~J,6~,'/~EY IN{\, ;'if ,,', ! A j/L.; By: /'1/ j 7. ,> /A~th~ny/C. McGettrick Assistant City Attorney UTILITY EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WEBB § /l That Carmel Apartments Ltd., a Texas limited partnership ("Grantor ), f-ef-and in consideration of the sum of ten dollars and no/l00 dollars ($10.00) and other good and valuable consideration, does hereby DEDICATE to THE CITY OF LAREDO, TEXAS, a municipal corporation, 1110 Houston St., Laredo, Texas 78040 ("GranteeJlL an easement for water and wastewater facilities over, across, and under the following lands in Webb County, Texas to wit: FIELD NOTES AND EXHIBIT ATTACHED HERETO AS EXHIBIT A Together with the right of ingress and egress over said easement, and with the right to inspect, maintain, replace, repair, reconstruct, or remove said facilities. Grantor expressly covenants and agrees for Grantor and its successors and assigns, that no building or obstruction will be placed on the easement granted herein. Grantee's use of this easement shall be limited to the easement purposes listed herein, and shall be non-exclusive. There is reserved to the Grantor, Grantor's successors and assigns, the right and privilege to use the above described land of the Grantor at any time, in any manner and for any purpose not inconsistent with the use and enjoyment by the Grantee, its successors and assigns, of the right and privileges herein granted. The rights and privileges herein granted are subject to all easements, rights of-way, mineral reservations or other rights now outstanding In third parties. TO HAVE AND TO HOLD the above described easement and rights unto the said CITY OF LAREDO, its successors and assigns, until the use of said right-of-way shall be abandoned. Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND DEFEND all and singular the above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. [SIGNATURE PAGE FOLLOWS] EXECUTED effective as of the I 2. tf, day of September, 2008. GRANTOR: CARMEL APARTMENTS, LTD. By: Fasken Management LLC, general partner By: ClJl i,M~1 ~~ Charles F. Hedges, Jr., Vice p?Sidenl I STATE OF TEXAS § § COUNTY OF WEBB § IA This instrument was acknowledged before me on the I Z day of September, 2008, by Charles F. Hedges, Jr., Vice President of Fasken Management LLC, a Texas limited liability company, general partner of Carmel Apartments Ltd., a Texas limited partnership. Notary Public in and for the State of Texa ROSA ELVIRA RAMiREZ '~.' Notary Public. Stale of Texas . • My Commission Expires (g., \~,. Ma 12,2010 """"'" . AFTER RECORDING, RETURN TO GRANTEE August 20, 2008 STATE OF TEXAS * COUNTY OF WEBB * 1.1354 ACRE EASEMENT LEGAL DESCRIPTION OF A 1.1354 ACRE EASEMENT, MORE OR LESS, BEING OUT OF LOT 3, BLOCK 2, VILLAS SAN AGUSTIN UNIT 1, RECORDED IN VOLUME 25, PAGES 4-7, PLAT RECORDS OF WEBB COUNTY, TEXAS. HEREIN DESCRIBED EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Commencing at a found % inch iron rod being the southeasterly corner of said Lot 3 and the southwesterly corner of Lot 4, Block 2 of said Villas San Agustin Unit 1, same being situated on the northerly right-of-way line of Fasken Boulevard. Thence, S6r35'12'W, a distance of 96.06 feet for the POINT OF BEGINNING of this 1.1354 acre easement and the southeasterly corner hereof; Thence, S6r35'12'W, with the common division line between said Lot 3 and the northerly right-of-way line of Fasken Boulevard, same being the southerly line of herein described easement, a distance of 501.00 feet for the southwesterly corner hereof; Thence, N22°24'48'W, with the westerly line of herein described easement, a distance of 15.00 feet for an exterior corner hereof; Thence, N6r35'12"E, with the northerly line of herein described easement, a distance of 200.25 feet for an interior corner hereof; Thence, N22°24'48'W, with the westerly line of herein described easement, a distance of 113.50 feet for an interior corner hereof; Thence, S6r35'12"W, with the southerly line of herein described easement, a distance of 283.50 feet for an interior corner hereof; Thence, S22°24'48"E, with the easterly line of herein described easement, a distance of 15.00 feet for an exterior corner hereof; Thence, S6r35'12'W, with the southerly line of herein described easement, a distance of 15.00 feet for an exterior corner hereof; Thence, N22°24'48'W, with the westerly line of herein described easement, a distance of 15.00 feet for an interior corner hereof; Thence, S6r35'12"W, with the southerly line of herein described easement, a distance of 11.00 feet for an exterior corner hereof; Thence, N22°24'48'W, with the westerly line of herein described easement, a distance of 384.50 feet for the northwesterly corner hereof; Thence, N6r35'12"E, with the northerly line of herein described easement, a distance of 15.00 feet for an exterior corner hereof; Thence, S22°24'48"E, with the easterly line of herein described easement, a distance of 36.50 feet for an interior corner hereof; EXHIBIT ESMT-1.1354.rtf Page 1 of4 August 20, 2008 Thence, N6r35'12"E, with the northerly line of herein described easement, a distance of 23.50 feet for an exterior corner hereof; Thence, S22°24'48"E, with the easterly line of herein described easement, a distance of 15.00 feet for an exterior corner hereof; Thence, S6r35'12'W, with the southerly line of herein described easement, a distance of 23.50 feet for an interior corner hereof; Thence, S22°24'48"E, with the easterly line of herein described easement, a distance of 318.00 feet for an interior corner hereof; Thence, N6r35'12"E, with the northerly line of herein described easement, a distance of 294.50 feet for an interior corner hereof; Thence, N22°24'48'W, with the westerly line of herein described easement, a distance of 220.00 feet for an exterior corner hereof; Thence, S67°35'12'W, with the southerly line of herein described easement, a distance of 185.00 feet for an exterior corner hereof; Thence, N22°24'48'W, with the westerly line of herein described easement, a distance of 12.00 feet for an exterior corner hereof; Thence, N6r35'12"E, with the northerly line of herein described easement, a distance of 195.00 feet for an interior corner hereof; Thence, N22°24'48'W, with the westerly line of herein described easement, a distance of 137.50 feet for an exterior corner hereof; Thence, N67°35'12"E, with the northerly line of herein described easement, a distance of 15.00 feet for an exterior corner hereof; Thence, S22°24'48"E, with the easterly line of herein described easement, a distance of 38.01 feet for an interior corner hereof; Thence, N6r35'12"E, with the northerly line of herein described easement, a distance of 25.00 feet for an exterior corner hereof; Thence, S22°24'48"E, with the easterly line of herein described easement, a distance of 12.00 feet for an exterior corner hereof; Thence, S6r35'12"W, with the southerly line of herein described easement, a distance of 25.00 feet for an interior corner hereof; Thence, S22°24'48"E, with the easterly line of herein described easement, a distance of 319.50 feet for an interior corner hereof; Thence, N6r35'12"E, with the northerly line of herein described easement, a distance of 313.50 feet for an interior corner hereof; ESMT-1.1354.rtf Page 2 of4 August 20, 2008 Thence, N22°24'48'W, with the westerly line of herein described easement, a distance of 13.00 feet for an interior corner hereof; Thence, S6r35'12"W, with the southerly line of herein described easement, a distance of 23.50 feet for an exterior corner hereof; Thence, N22°24'48'W, with the westerly line of herein described easement, a distance of 15.00 feet for an exterior corner hereof; Thence, N6r35'12"E, with the northerly line of herein described easement, a distance of 23.50 feet for an interior corner hereof; Thence, N22°24'48'W, with the westerly line of herein described easement, a distance of 192.00 feet for an interior corner hereof; Thence, S6r35'12'W, with the southerly line of herein described easement, a distance of 203.50 feet for an exterior corner hereof; Thence, N22°24'48'W, with the westerly line of herein described easement, a distance of 12.00 feet for an exterior corner hereof; Thence, N6r35'12"E, with the northerly line of herein described easement, a distance of 203.50 feet for an interior corner hereof; Thence, N22°24'48'W, with the westerly line of herein described easement, a distance of 86.00 feet for an interior corner hereof; Thence, S6r35'12'W, with the southerly line of herein described easement, a distance of 23.50 feet for an exterior corner hereof; Thence, N22°24'48'W, with the westerly line of herein described easement, a distance of 15.00 feet for an exterior corner hereof; Thence, N6r35'12"E, with the northerly line of herein described easement, a distance of 23.50 feet for an interior corner hereof; Thence, N22°24'48'W, with the westerly line of herein described easement, a distance of 36.51 feet for an exterior corner hereof; Thence, N6r35'12"E, with the northerly line of herein described easement, a distance of 15.00 feet for the northeasterly corner hereof; Thence, S22°24'48"E, with the easterly line of herein described easement, a distance of 146.17 feet for an interior corner hereof; Thence, S62°24'48"E, with the northerly line of herein described easement, a distance of 67.38 feet to a point situated on the common division line between said Lot 2 and said Lot 4 for an exterior corner hereof; Thence, S22°24'48"E, with the common division line between said Lot 2 and said Lot 4, same being the easterly line of herein described easement, a distance of 23.34 feet for an exterior corner hereof; ESMT-1.1354.rtf Page 3 of 4 August20,2008 Thence, N62°24'48'W, with the southerly line of herein described easement, a distance of 67.38 feet for an interior corner hereof; Thence, S22°24'48"E, with the easterly line of herein described easement, a distance of 215.00 feet for an exterior corner hereof; Thence, S6r35'12'W, with the southerly line of herein described easement, a distance of 304.00 feet for an interior corner hereof; Thence, S22°24'48"E, with the easterly line of herein described easement, a distance of 13.50 feet for an exterior corner hereof; Thence, S6r35'12'W, with the southerly line of herein described easement, a distance of 15.00 feet for an exterior corner hereof; Thence, N22°24'48'W, with the westerly line of herein described easement, a distance of 13.50 feet for an interior corner hereof; Thence, S6r35'12'W, with the southerly line of herein described easement, a distance of 9.50 feet for an interior corner hereof; Thence, S22°24'48"E, with the easterly line of herein described easement, a distance of 103.50 feet for an interior corner hereof; Thence, N67°35'12"E, with the northerly line of herein described easement, a distance of 275.74 feet for an exterior corner hereof; Thence, S22°24'48"E, with the easterly line of herein described easement, a distance of 25.00 feet, to said POINT OF BEGINNING, containing within these metes and bounds 1.1354 acres, more or less. BASIS OF BEARINGS: GPS NAD83/NAVD88 TEXAS STATE PLANE 4205 COORDINATES, GRID I, ROBERT J. GILPIN, THE UNDERSIGNED REGISTERED PROFESSIONAL LAND SURVEYOR, NUMBER 5944, DO HEREBY CERTIFY THAT THE METES AND BOUNDS DESCRIPTION SHOWN HEREON IS TRUE AND CORRECT TO MY BEST KNOWLEDGE AND BELIEF AND THAT IT WAS PREPARED FROM AN ACTUAL SURVEY MADE ON THE GROUND AND FROM OFFICE RECORDS AVAILABLE, WITHOUT THE BENEFIT OF A COMPLETE TITLE EXAMINATION REPORT. ESMT-1.1354.rtf Page 40f4 20' DRAINAGE LOT 1 15 ( i_-~~_-~_-_-~~~~~ EASEMENT~~~ ~-_-~ BLOCK 2 ~T ~~~~~~ACCE" VILLAS SAN AGUSTIN 1- ====- - - ~ VOL, 25 PGS, 4-7, P,R,vv,C,T, 15" \ ACCES5 LOT 2 BLOCK 2 VILLAS SAN AGUSTIN UNIT 1 VOL, 25, PGS, 4-7, P,R,W,G.T, 12,( ~r--- ~I.._- LOT 3 BLOCK 2 VILLAS SAN AGUSTIN VOL 25, PGS, 4-7, F I L24 23,50 N67"35'12"E L25 36,51 N22"24'48"W !o SII (f) L26L27 15,00 N67"35'12"E ;::~ M III 1°"~ ~ 23,34 S22"24'48"E ~ !" ~ L28 13,50 S22"24'48"E Z I ll!! ~ L29 15.00 S67'35'12"W II ni L30 13,50 N22"24'48"W - - - ~ -- -- II L31 9,50 S67"35'12'W 25' B.S.L, .::::Il:!7'"ll5'i2~25"" - --- I- - L...-- N_s.!:~ L32 25,00 S22"24'48"E !:r ------..1 S 67'35'12' W 501.00' FASKEN BLVD (100 R.O,W,) CARMEl.PH2'MA.8TER~ BASIS OF BEARINGS: GPS NAD83!NAVD88 TEXAS STATE PLANE 4: QILP-HAL.F·et.Kelb 1 .1354 ACRE UTILITY EASEMENT STA TE OF TEXAS COUNTY OF WEBB ORAW'!: BY; B.A,PIf,O, C}iECKED 8.'l': 8,A,P, LAREDO, TEXAS I, ROBERT J. GILPIN, THE UNOERSIGNED REGISTERED PROFESSIONA NUMBER 5944, DO HEREBY CERTIFY THAT THE SURVEY SHOWN HE AND CORRECT TO .MY BEST KNOWLEDGE AND BELIEF AND THAT IT SHEET NO, FROM AN' ACTUAL SURVEY MADE ON THE GROUND AND FROM OFF CARMEL PHASE 2 AVAILABLE, WITHOUT THE BENEFIT OF A COMPLETE TITLE EXAMINI WITNESS MY HAND AND SEAL 1 OF 1 COUNCIL COMMUNICATION DATE SUBJECT: RESOLUTION NO. 2008~R~125 Accepting the donation of one utility easement from Marco A. 10-20-08 Rodriquez, Jr. and wife, Cristina G. Rodriquez, for Rancho Penitas West Subdivision Easement Acquisition Project, being a 0.10 acre of land, more or less out of 4.12 acres, as recorded in Volume 701, Page 485-487, Deed Records of Webb County, Texas, situated in Porcion 8, Bias M.Diaz, Abstract 40, Webb County, Texas and being more particularly described by Metes and Bounds and Survey hereby; attached, as Exhibits "A" and "B", respectively. INITIATED BY: STAFF SOURCE: Cynthia Collazo Ronnie Acosta Deputy City Manager CD Director PREVIOUS COUNCIL ACTION: None BACKGROUND: The City of Laredo is in the process of extending utility services lines to Rancho Penitas West Subdivision, among other colonias, in conjunction with its agreement with Webb County. The extension of utility service lines to Rancho Penitas West Subdivision will expedite the delivery of water and sewer services to residents of that colonia. In order to proceed with the extension of utility service lines to the Rancho Penitas West Subdivision, it is in the best interest of the City of Laredo to accept the donation of the above-referenced utility easement as described in the exhibits. FINANCIAL IMPACT: None COMMITTEE STAFF RECOMMENDATION: RECOMMENDATION: Staff recommends approval of. Resolution. None RESOLUTION NO. 2008-R-125 ACCEPTING THE DONATION OF ONE UTILITY EASEMENT FROM MARCO A. RODRIQUEZ, JR. AND WIFE, CRISTINA G. RODRIQUEZ, FOR RANCHO PENITAS WEST SUBDIVISION EASEMENT ACQUISITION PROJECT, BEING A 0.10 ACRE OF LAND, MORE OR LESS OUT OF 4.12 ACRES, AS RECORDED IN VOLUME 701, PAGE 485-487, DEED RECORDS OF WEBB COUNTY, TEXAS, SITUATED IN PORCION 8, BLAS M.DIAZ, ABSTRACT 40, WEBB COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AND SURVEY HEREBY ATTACHED, AS EXHIBITS "A" AND "B", RESPECTIVELY. WHEREAS, the City ofLaredo is in the process ofextending utility service lines to Rancho Penitas West Subdivision, among other colonias in conjunction with its agreement with Webb County; and, WHEREAS, in order to proceed with the extension ofutility service lines to the Rancho Penitas West Subdivision, it is in the best interest ofthe City ofLaredo to accept the donation ofthe above-referenced utility easement, as described in attached Exhibits "A" and "B", respectively. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: A. It hereby accepts the donation ofone utility easement from Marco A. Rodriquez, Jr. and wife, Cristina G. Rodriquez, for Rancho Penitas West Subdivision Easement Acquisition Project, being a 0.10 acre ofland more 0r less, out of4.12 acres as recorded in Volume 701, page 485-487, Deed Records ofWebb County, Texas, situated in Porcion 8, BIas M.Diaz, Abstract 40, Webb County, Texas, and being more particularly described by Metes and Bounds and Survey hereby; attached, as Exhibits "A" and "B", respectively. 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 2 ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO IV CITY ATTORNEY By: _ ANTHONY C. MCGETTRICK ASST. CITY ATTORNEY 3 Howland Surveying Co., Inc.; dba HOWLAND ENGINEERING AND SURVEYING CO. ~. all & Gas Locations * SUNeying * Land Development 1< Civil Design Foundations 1< Geotechnical * Construction Materials Testing * Environmental \61' FIELD NOTES FOR p~lS'Foot Utility Easement 0.10 Acres ofLand more orless Being 0.10 Acres ofland more or less out of4.12 Acres, Martos A. Rodriguez. Jr. and Christina G. Rodriguez. Recorded inVolume 701, Page485-487, DeedRecords ofW~b County. Texas. Situated in Porcion 8, BIas M Diaz, Abstract 40, Webb County, Texas andbeing more particularlydescnDed by metes and bounds as follows; Beginning: at a found y," iron rod being the soutbeast comerofthe Lot67Unit V, recorded in Volume4. Page 3.2. Webb County Plat Records, dated April 30. 1985, the west property lineofLot65 Unit ~ forthe southeast comer ofthe proposed easement, for the Point ofBeginning. Thence,. S 6']054'14" W, along the south property J.me ofLot 67 Unit V, arid the north plOperty line ofLot 35 Unitm. a distance of66.12 feet to a set y," ironrod for the southwest comer of the Proposed 15 foot Utility Easement hereof, Thence, N 22005'46" W, over the Marcos A Rodriguez, Jr. and Christina G. Rodriguez Tract,. a distance of15.00feet, to a set y," iron rod for the northwest corner oftheProposed 15 foot UtilityEasement hereof; Thence, N 67°54'14" E, over the Marcos A. Rodriguez, Jr. and Christina G. Rodriguez Tract, a distance of 46.23 feet, to a set W' iron rod for the interior comer ofthe Proposed 15 foot Utility Easement hereof, Thence, N 38002'36" W ~ over theMarcos A Rodriguez. Jr. andCbristina G. Rodriguez Tl3Ct, a distance of146.42 feet to a set Yz" ironrodfor theinterior comerof theProposed 15 foot UtilityEasementhereo1; Thenc~ S 51°57'24" W, over the Marcos A. Rodriguez, Jr. and Christina G. Rodriguez Tract, a distance of 10.00 feet, to a set Yz" iron rod for the exterior comer ofthe Proposed Utility Easement hereof; . Thence, N 3S002'36" W~ overtheMarcos A. Rodriguez. Jr. and Christina G. Rodriguez Tzact, a dislance of58.80 feet to a set Yz" iron rodfor thenorthwestcomer of the Proposed Utility Easement hereof; Thence, along a non-tangent circle curve to the right having a radius of 50.00 feet, a central angle of 40°34'16", a tangent length of 18.48 feet, the long chord of which bears S 84°10'54" E with Appaloosa Road for a distmce of 34.67 feet with a radial line inofN 14~8'09"'E and radial out: ofS 26°06'22~W for an arc length of35.41 feet to a set Yz" ironrod for1be northeast oomerhereof, Thence, S 38002'36" E, along the east property line ofLot 67 Unit V, also being the west property line of Lot 66-B Unit V, and also being the west property line of Lot 65 Unit V, a distance of201.08 feet, to the Point ofBeginningand containing 0.10 Acres ofland moreor less. Basis ofBearing Monuments Held: A found 12" iron rod at the northwest comer ofLot 66-B Unit V and a found Yz" iron rod at the southeast comerafLot 67 Unit V Rancho Penitas WestSubdivision. Caned by Plat: (8 3?056'SO" E -196.31') 1 Measured byGPS Methods: (S 38°02'36" E~ 196.39 ) State of Texas: County ofWebb: I James Ornelas, Registered Professional Land Surveyor, do hereby certify .that this '~Field Note Description" and its accompanying plat represents the results of a survey made on the ground under my supervision and direction. A • ,,- \ <'''*~~\ .;- SET l/Z" \ IRON ROD + Cl UNff J[ CURVE LENGTH: 35.41' LOT 66-8 RADIUS: 50.00' CHORD BEARING: 584'10'54·E",34.67' RAN C H 0 PEN ITA S WE ST SUBDIVISION VOL U Iv! E 4, P AGE 32, M. R. W. C. T. UNIT J[ LOT 67 / MARCOS A. ROI>RKI\!E2, JR. / ANI> CHRISmIA G. ROORIGUEZ (SURfACE OWNERS) VOLUME 701. PAGE. 485-487, D.R.W.C.T. JUNE 16. 1982 4.12 ACRES N6T54'14"E 46.23' ~~NGUEZ. JR.. ( HA~~N~'f;~INGUEZ. RUBEN DOMINGUEZ. JUAN JOSE DOMINGUEZ. REYNA DOMINGUEZ ESPINOZA. ( AND ROSA CHANDARUS ) "- (SURFACE OWNERS) /" CALIXTO SECA AND UVENCE SECA (SURFACE OWNERS) \... VOLUME 9. PAGE._5::_0.P.R.W.C.T. / VOCUM£: 10Z0, PAG£: t74-17B, R.P.R.\V.C.T• . ~~~ JUNE I, 1983 10.18 ACRES GRAPHIC SCALE UNIT ill 15 o 7.5 15 Jo LOT 34 UNrr ill LOT 35 ( IN FUT) 1 Ineh., 30 H. Proposed 15' .. osement EXHIBIT BASIS OF 8EARING: A FOUND 1/2' IRON ROD AT THE NORTHWEST CORNER OF LOT 66-8 UN~'2: ~ ~ ~UND 1'2' IRON III ~T SO\JrnfAST 'tUiifJi J) L 6 Nl mG i 64iik§!f;H! ;ClSlON. CALlfD: (5 3T5tr50' E - 19IUl') ~ MEASURED: S 38'02'36' E 196.39' 8Y GPS METHODS PROPOSED 15 FOOT UTILITY EASEMENT 1S\t1 £ RANCHO' PENITAS WEST SUBDIVISION SlATE OF TEXAS, COUNTY Of WEBB RECORDED IN VOLUME 701 PAGE 485-487 OF THE D.R.W.C.T, JUNE 16. 198Z RECORDED IN VOLUME 4 PAGES 32 OF THE M.R.W.C.T. APRIL 30, 1985 I. JAMES ORNELAS • REGISTERED PROfESSIONAL LAoNO '5UR'VE"fOR. 00 HEREBY CERTIFY THAT THE ABOV£ HOWLAND ENGINEERING & SURVEYING CO. CAPTIONED PLAT WAS SURV£Y£D AND 7615 BARTLEIT AVENUE. LARfOO. TEXAS 78041 STAKED ON THE GROUND UNDER MY OFFICE, (956) 722-4411 FAX' (956) 722-5414 SUPERVISION. 1.;z.,.'$ SCALE: 1'=30' DRAWN BY: R.T. C RENT DATE: vA- flELD DATE: 02-22-08 JOB No. 15555-08 (W,," 13: 576 PG. 64-65 R.P.LS No. 5726 - TEXAS H,\HOIJLAND\.SURVEY',ArcaC!'s\15555-08 I'M 1472 - \lA 113\.Penita$ RnnchlTract 67).o... g 7/15/2008 9'10'59 AM CI COUNCIL COMMUNICATION DATE SUBJECT: RESOLUTION NO. 2008-R-126 Accepting the donation of one utility easement from Raul Dominquez, 10-20-08 Rogelio Dominquez, Jr., Rene Dominquez, Ruben Dominquez, Juan Jose Dominquez, Reyna Dominquez Loza (formerly Espinoza), and Rosa Chandarlis, for Rancho Penitas West Subdivision Easement Acquisition Project, being a 0.22 acre of land, more or less out of 10.17 acres, as recorded in Volume 9, Page 53, Official Property Records of Webb County, Texas, situated in Porcion 8, Bias M.Diaz, Abstract 40, and Porcion 9, Bias M. Diaz, Abstract 41, Webb County, Texas and being more particularly described by Metes and Bounds and Survey hereby; attached, as Exhibits "A" and "B", respectively. INITIATED BY: STAFF SOURCE: Cynthia Collazo Ronnie Acosta Deputy City Manager CD Director PREVIOUS COUNCIL ACTION: None BACKGROUND: The City of Laredo is in the process of extending utility services lines to Rancho Penitas West Subdivision, among other colonias, in conjunction with its agreement with Webb County_ The extension of utility service lines to Rancho Penitas West Subdivision will expedite the delivery of water and sewer services to residents of that colonia. In order to proceed with the extension of utility service lines to the Rancho Penitas West Subdivision, it is in the best interest of the City of Laredo to accept the donation of the above-referenced utility easement as described in the exhibits. FINANCIAL IMPACT: None COMMITTEE STAFF RECOMMENDATION: RECOMMENDATION: Staff recommends approval of Resolution. None RESOLUTION NO. 2008-R-126 ACCEPTING THE DONATION OF ONE UTILITY EASEMENT FROM RAUL DOMINQUEZ, ROGELIO DOMINQUEZ, JR., RENE DOMINQUEZ, RUBEN DOMINQUEZ, JUAN JOSE DOMINQUEZ, REYNA DOMINQUEZ LOZA, (FORMERLY ESPINOZA), AND ROSA CHANDARLIS FOR RANCHO PENITAS WEST SUBDIVISION EASEMENT ACQUISITION PROJECT, BEING A 0.22 ACRE OF LAND, MORE OR LESS, OUT OF 10.17 ACRES, AS RECORDED IN VOLUME 9, PAGE 53, OFFICIAL PROPERTY RECORDS OF WEBB COUNTY, TEXAS, SITUATED IN PORCION 8, BLAS M. DIAZ, ABSTRACT 40 AND PORCION 9, BLAS M. DIAZ, ABSTRACT 41, WEBB COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AND SURVEY HEREBY; ATTACHED, AS EXHIBITS "A" AND "B", RESPECTIVELY. WHEREAS, the City of Laredo is in the process of extending utility service lines to Rancho Penitas West Subdivision, among other colonias in conjunction with its agreement with Webb County; and, WHEREAS, in order to proceed with the extension of utility service lines to the Rancho Penitas West Subdivision, it is in the best interest of the City of Laredo to accept the donation of the above-referenced utility easement, as described in attached Exhibits "A" and "B", respectively. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: A. It hereby accepts the donation of one utility easement from Raul Dominquez, Rogelio Dominquez, Jr., Rene Dominquez, Ruben Dominquez, Juan Jose Dominquez, Reyna Dominquez Loza, (formerly Espinoza), and Rosa Chandarlis for Rancho Penitas West Subdivision Easement Acquisition Project, being a 0.22 acre of land, more or less out of 10.17 acres, Raul Dominquez, as recorded in Volume 9, Page 53, Official Property Records of Webb County, Texas, situated in Porcion 8, Bias M. Diaz, Abstract 40 and Porcion 9, Bias M. Diaz, Abstract 41, Webb County, Texas, and being more particularly described by Metes and Bounds and Survey hereby; attached, as Exhibits "A" and "B", respectively. 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 2 ATIEST: GUSTAVO GUEVARA, JR CITY SECRETARY APPROVED ASJO FORM: RAUL CASSO,IV CITY ATIOR~~Y:'7" ;' t .' :' :1 /' I/! I:rv~~ 1/ By: /{ jYJ//l11}VP\ ~~i~Oc~i~CA~T~GREJ;~ICK 3 UTILITY EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF WEBB That the undersigned, RAUL DOMINGUEZ, ROGELIO DOMINGUEZ, JR., RENE DOMINGUEZ, RUBEN DOMINGUEZ, JUAN JOSE DOMINGUEZ, REYNA DOMINGUEZ LOZA -ESP~QZA..and ROSA CHANDARLIS, ofCounty ofWebb, State ofTexas, hereinafter referred fForrnally ~spinoza) , to as "Grantor", for and in consideration ofthe sum ofTen Dollars ($10.00) cash, and other good and valuable consideration in hand paid by the Grantee herein named, the receipt ofwhich is hereby fully acknowledged and confessed, has GRANTED, SOLD, CONVEYED and DEDICATED and by these presents does hereby GRANT, SELL, CONVEY and DEDICATE unto the CITY OF LAREDO, a home rule city and political subdivisionofthe State ofTexas, its successors and assigns, hereinafterreferred to as "Grantee", the rightto construct, reconstruct andperpetuallymaintainutility lines upon and through a 7.5 foot wide utility easement together with all necessary laterals and appurtenant facilities, in, over, upon and across the following tract ofland in Webb County, Texas: Being 0.22 acres of land more or less out of 10.17 acres, Raul Dominguez, et aI., recorded in Volume 9, page 53, Real Property Records of Webb County, Texas, situated in Porcion 8, BIas M. Diaz, Abstract 40, aand Porcion 9, BIas M. Diaz, Abstract 41, Webb County, Texas, ,and being out of Lot 34, Unit III, Rancho Penitas WestSubdivision, recorded inVolume 4, page 32, oftheWebb County PlatRecords; andsaid 0.22 acretract is more particularlydescribed by metes and bounds inExhibit A attached hereto, and is shown on survey attached hereto as Exhibit B. This conveyance, however, is made and accepted subject to any and all validly existing encumbrances, easements, mineral leases, conditions and restrictions, relating to the hereinabove described property as now reflected by the Official Property Records, ofWebb County, Texas. TO HAVE AND TO HOLD the same perpetually to Grantee, together with the right and 1 privilege, at any and all times, to enter said premises, or any part thereof, for the purpose of constructing, reconstructing, and maintaining said utility lines upon said utility easement. ROGELIO DOMIN UEZ, JR. ~J~O~? R~OMINGUEZ ~~~!N~ ~l;o~:;8SP~W=.A LOZA £f1#~ (!I4U~tl~lvllYEspinoza) ROSA CHANDARLIS, STATE OF TEXAS COUNTYOF~BB ~ Ot;;72Jbl5r This instrument was acknowledged before me on the iP- day of..htJ1; 2008 by RAUL DOMINGUEZ. 2 STATE OF TEXAS COUNTY OF WEBB ·G oc1iJiJl5l-- This instrument was acknowledged before me on the ~ day ofJYl1, 2008 by ROGELIODOr;",~"""~"~~,~"[,:.I..l,,,,,,~.aR·,tJ.IC""AR"""DOI;r),-.·M-IR-E-LE""'S~ lJ,;-C:\~·"·'~~~ ~ r::~r\ NotaryPUiIC.StaleofTexas '~"" ' ~"', ~)*JMy CoIllmissloll Expires . \ij;~....~~ MARCH 14 2009 .fJ'~/",R~l\'\\\"'" , Notary Public, State ofTexas . STATE OF TEXAS COUNTY OF WEBB ~. . , . o:.TtJb6r This instrument was acknowledged before me on the L dayofJ,Wy, 2008 by RENE DOMINGUEZ. STATE OF. TEXAS STATE OF TEXAS COUNTY OF WEBB ~ . . . . t:X:Y2JhEI-- This instrument was acknowledged before me on the JL day of)Qly, 2008 by JUAN JOSE DOMINGUEZ. ~ Notary Public, State ofTexas 3 STATE OF TEXAS COUNTY OF WEBB c;;J-. «:liJLJ£J This instrument was acknowledged before me on the £ day ofJtrlY, 2008 by REYNA DOMINGUEZ SSPiNO-.cA.- (Formally Espinoza) ~ Notary Public, State ofTexas STATE OF TEXAS COUNTY OF WEBB ~ ry~j,!5r This instrument was acknowledged before me on the k day ot.IiifY, 2008 by ROSA CHANDARLIS ~~~ Notary Public, State ofTexas Ref. Lot 34, Unit III, Rancho Penitas West. amcg 7.11.08 AFTER RECORDING RETURN TO: Ms. Ronnie Acosta CD Director P.O. Box 1276 Laredo, Texas 78042-1276 4 Howland Surveying Co., Inc, dba HOWLAND ENGINEERING AND SURVEYING CO. ~ Oil & Gas Locations * Surveying * Land Development' Civil Design ~ ___ Founcl.(Jtions.':_Ge~technical_*_Construction Ma~~ials TestinJi..':.Environf!lental....__ FIELD NOTES FOR Proposed 7.5' Foot Utility Easement 0.22 Acres ofLand more or less 9,396 Square .Feet Being 0.22 Acres of land more or less out of 10.17 Acres, RanI Dominguez, Rogelio Dominguez, Jr., Rene Dominguez, Ruben Dominguez, Juan Jose Dominguez, Reyna Dominguez Espinoza, and Rosa Chandarlis, Recorded in Volume 9. Page 53, Official Property Records ofWebb Couuty, Texas dated Febntary 11, 1992. Situated in Porcion 8. Bias M. Diaz, Abstract 40, and Porcion 9, BIas M. Diaz, Abstract 41, Webb Couuty, Texas and beingmore particularly described by metes andbounds as followS; Beginning: at a found 'Iz" iron rod being the southeast cornerofthe Lot 34 Unit ill, recorded in Volume 4, Page 32, Webb County Plat Records,. dated April 30, 1985, also being the southwest corner ofLot 35 Unit III, for the southeast comer ofthe proposed easement, fl>f the Point of Beginning. Thence, S 68°02'41" W, along the south property line ofLot 34, Unit ill, a distance of7,5 feet, to a set Yz» iron rod for the southwest corner of the Proposed 7.5 fuot Utility Eassement hereof; Thence. N 22°13'23" W, over the Raul Dominguez, Rogelio Dominguez, Jr., Rene Dominguez, Ruben Dominguez, Juan Jose Dominguez, Reyna Dominguez Espino7-3, and Rosa ChandarIis Tract, a distance of 1,252.82 feet. to a set W· iron rod for the northwest corner of the Proposed 7.5 foot Utility Easement hereof; Thence, N 67°54'14" E, along the south property line ofLot 67 Unit V. and also being the north property line ofLot 34 Unit III, a distance of 7.5 feet, to a railroad tie, for the northeast corner ofthe Proposed 7.5 foot Utility Easement hereof: Thence, S 22"13'23" E, along the east property line of Lot 34 Unit ill, and the west property line of Lot 35 Unit III, a distance of1,252.82 feet. to tbe Point ofBeginning and containing 0.22 Acres ofland more or less. Basis ofBearing Monuments Held: A found Yz» iron rod at the southeast comer ofLot34 Unit ill and a fouud railroad tie at the northeast comer ofLot 34 Unit ill Rancho Penitas West Subdivision. Called by Plat: (S 22000'00" E - 1,252.82') Measored by GPS Methods: (S 22°13'23" E - 1,252.73') State of Texas: County ofWebb: I James Ornelas, Registered Professional Land Surveyor, do hereby certify that this "Field Note Description" and its accompanying plat represents the results of a survey made on the ground under my supervision and direction. EXHIBIT I A 1l:\HOWLAND\SURVEYWcadis\15S5S-IJ8 FM 1472 - WA ff3\lSS55-1J8 FM 1472 - W AJI3 (No-fES34). 7615 N. Bartlett Avenue * P.O. Box 451128" Laredo, Texas 78041-9998 Telephone: (956) 722-4411 * Facsimile: (956) 722-5414 * E-Mail: [email protected] UNIT Jl UNIT Jl UNIT 'l 68 69 66-8 UNIT TIl UNI1 Jl.. 43 66-A 4.12 ACRES VOL W:'>l. PC. 724. RPJ?W.c.l. 3.00 ACRES UNIT III 41 UNIT Jl UNIT Jl 67 64 UNIT ill 26 UNIT }Z 63 CAuXTO SECA .AND WENC( SECA UNIT Jl RAUL DOMINGUEZ, ROGEUO DOMINGUEZ, JR., (SURFACE OWNERS) 62 RENE DOMINGUEZ, RUBEN DOMINGUEZ, 1020. PACE 174-176. R.P.R.W.C.l. JUAN JOSE DOMINGUEZ, [ . JUNE " 19B3 REYNA DOMINGUEZ ESPINOZA. J'" 10.18 ACRES AND ROSA CHANDARUS (SURFACE OWNERS) VOLUME 9, PAGE 53, G.P.R.W.C.T. UNiT ill FEBRUARY 11, 1992 35 UNIT ill 10.17 ACRES 34 ( UNIT ill 33 UNIT Yl. 61 UNIT ill 32 GRAPHlC SCALE 100 0 50 100 200 400 ~-- ; I ( IN FEET ) I hx;h ". 100 n. EXHIBIT BASIS Of BEARING: A fOUND 1/2" IRON ROD AT THE SOUTHEAST CORNER B Of LOT 34 UNIT III Al1P A fOUND RAILROAD TIE AT THE NORTHEASl CORNER Of LOT 34 UNIT III RMlCHO PENITAS WEST SUBDMSlON. CALLED: (S 22'00'00" E ~ 1,252.82') MEASURED: S 22'13'23" E ~ 1,252.7}' BY GPS METHODS PROPOSED 7.5 FOOT EASEMENT OVER LOT 34 UNIT 11I $T ATE OF TEXAS: RANCHO PENITAS WEST SUBDIVISION COUNTY OF WEBB RECORDED IN VOLUME 9 PAGE 53-55-A OF THE O.P.R.W.C.T. FEBRUARY ", 1992 RECORDED IN VOLUME 4 PAGES 32 OF THE M.R.W.C.T. APRIL 3D, 1985 I. JAMES ORNELAS . REGISTERED PROFESSIONAL LANO SURVEYOR. DO HEREBY 'CERTifY THAT THE ABOVE HOWLAND ENGINEERING & SURVEYING CO. CAPTIONED PLAT WAS SURVEYEO AND 7615 BARTLElT AVENUE, lAREDO, TEXAS 78041 5TAKEDON THE GROUND UNDER MY OFFiCE: (956) 722-·4411 FAX, (956) 722-5414 SUPERVISION. SCALE: 1"=200' DRAWN BY: R,T. FIELD DATE: 09-03-08 JOB No. 15555-08 (WA #3) fiELD, R.P. No. 5726 -TEXAS 116 PG. 48.50-54 FlLE NAME: Rancho Penitos H·\HDVLAI,D\SURVEY\Arcodis\\5555-()3 FI-I \472 VA ~3\PE'hi-tos Ronch<1r'od 34).owg 9/30/2()()B 1()'04.21 AM CD1 COUNCIL COMMUNICATION DATE: SUBJECT: RESOLUTION 2008-R-127 10120108 Authorizing the City of Laredo to enter into a purchase contract with Laredo Fence Material in the amount of $75,805.22 the purchase of fencing material for the Slaughter Park little league fields utilizing the local bidder's preference pursuant to section 271.905 of the State of Texas Local Government Code; whereas the City Council finds that Laredo Fence Materials offers the best combination ofcontract price and additional economic development opportunities of residents in the City of Laredo and increased tax revenues. INITIATED BY: STAFF SOURCE: Carlos R. Villarreal, Rosario C. Cabello, Finance Director City Manager Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: Authorized the use of the local bidder's preference provision for the purchase offence material for the Slaughter little league baseball fields. BACKGROUND: Section 271.102 of the Local Government Code allows a local government to participate in a cooperative purchasing program with another local government or a local cooperative organization. The City Manager is requesting authorization to enter into a local cooperative agreement with the National Joint Powers Alliance (NJPA) allowing the City to take advantage of the cooperative agreements entered into by the alliance and national vendors. By entering into this agreement, the City of Laredo will have no financial or organizational liability to the National Joint Powers Alliance or to its organizational activities. FINANCIAL IMPACT: There will be no fees or any additional charges to participate in this Alliance. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this resolution be approved. COUNCIL COMMUNICATION DATE: SUBJECT: RESOLUTION NO. 2008-R-128 Accepting the donation of a drainage easement for the Laurel Drive/Dell 10-20-08 Wood Drive Drainage Improvements Project from the United Independent School District, said drainage easement consisting of 0.1635-acre tract of land more or less, out of Lot 1, Block 1, United Independent School District Central Administration Complex Plat, as recorded in Vol. 15, Page 45, Plat Records of Webb County, Texas, and being more particularly described by Metes and Bounds and Survey hereto; attached, as Exhibits A and B of Exhibit 1. INITIATED BY: STAFF SOURCE: Cynthia Collazo Ronnie Acosta Deputy City Manager CD Director PREVIOUS COUNCIL ACTION: None BACKGROUND: The City of Laredo is in the process of implementing the Laurel Drive /Dell wood Drive Drainage Improvements Project. The United Independent School District is willing to cooperate with this project by granting the City of Laredo a drainage easement consisting of 0.1635 acres tract of land more or less, out of Lot 1, Block 1, United Independent School District Central Administration Complex, as recorded in Vo1.15, Page 45, Plat Records of Webb County, Texas. In order to proceed with the construction of the Laurel Drive /Dell wood Drive Drainage Improvements Project, it is in the best interest of the City of Laredo to accept the above referenced drainage easement from United Independent School District, as described in attached, Exhibits A and B of Exhibit 1. FINANCIAL IMPACT: None COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: None Staff recommends approval of Resolution. RESOLUTION NO. 2008-R-128 ACCEPTING THE DONATION OF A DRAINAGE EASEMENT FOR THE LAUREL DRIVEIDELLWOOD DRIVE DRAINAGE IMPROVEMENTS PROJECT FROM THE UNITED INDEPENDENT SCHOOL DISTRICT, SAID DRAINAGE EASEMENT CONSISTING OF 0.1635 ACRE TRACT OF LAND MORE OR LESS, OUT OF LOT 1, BLOCK 1, UNITED INDEPENDENT SCHOOL DISTRCT CENTRAL ADMINISTRATION COMPLEX PLAT, AS RECORDED IN VOL. 15, PAGE 45, PLAT RECORDS OF WEBB COUNTY, TEXAS; AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AND SURVEY HERETO; ATTACHED, AS EXHIBITS A AND B OF EXHIBIT 1. WHEREAS, the City of Laredo is in the process of implementing the Laurel Drive /Dell wood Drive Drainage Improvements Project; and, . WHEREAS, in that regard, the United Independent School District is willing to cooperate with this project by granting the City of Laredo, a drainage a easement consisting of 0.1635 Acref, tract of land more or less, out of Lot 1, Block 1, United Independent school District Central Administration Complex, as recorded in Vol.15, Plat Records of Webb County, Texas; and, WHEREAS, in order to proceed with the construction of the above mentioned project, it is in the best interest of the City of Laredo to accept the above-referenced drainage easement from United Independent School District, as described in attached, Exhibits A and B of Exhibit1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: A. It hereby accepts the donation of a drainage easement for the Laurel Drivel Dell Wood Drive Drainage Improvements Project from the United Independent School District, said drainage easement consisting of 0.1635 acre tract of land more or less, out of Lot 1, Block 1, United Independent School District Central Administration Complex Plat, as recorded in Vol. 15, Page 45, Plat Records of Webb County, Texas, and being more particularly described by Metes and Bounds and Survey hereto; attached, as Exhibits A and B of Exhibit 1. 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: ANT:-"H-=O-N-:-"Y-C-.-M-=C-G-E-TT--R-I-C-K ASST. CITY ATTORNEY 2 DRAINAGE EASEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF WEB.B § That the undersigned, UNITED INDEPENDENT SCHOOL DISTRICf, a political subdivision of the State of Texas, located in Webb County, Texas, hereinafter referred to as "Grantor," for and in consideration of the sum of Ten Dollars ($10.00) cash, and other good and valuable consideration in hand paid by the Grantee herein named, the receipt of which is hereby fully acknowledged and confessed, has GRANTED, SOLD, CONVEYED and DEDlCATED and by these presents does hereby GRANT, SELL, CONVEY and DEDlCATE unto the OTY OF LAREDO, a home rule city and political subdivision of the State ofTexas, its successors and assigns, hereinafter referred toas "Grantee," a non-exclusive drainage easement, giving Grantee the right to construct,reconstruct, repairand perpetually maintain drainage structures, including all necessary laterals and appurtenant facilities, in, over, upon and across the following tract of land (the Servient Estate) in Webb County, Texas: A 0.1635 acre tract of land (7,120 sqJt.), more or less, out ofthe northeast comer of Lot 1, Block 1, United Independent School District-Central Administration Complex Plat, as recorded in Volume 15, page 45, Plat Records of Webb County, Texas; and said 0.1635 acre tract oflandbeing more particularly described by metes and bounds on Exhibit "A" attached hereto, and shown on survey attached hereto as Exhibit "B". This conveyance, however, is madeand accepted subject to any andall validly existing encumbrances, easements, mineral leases, conditions and restrictions, relating to the hereinabove described property as now reflected by the Official Property Records, of Webb County, Texas. This Conveyance is also made subject to the Grantor's right to continue to use the Servient Estate, as long as such use does not interfere with the Grantee's use, and to grant easements to third parties, as longas their use of the Easement does notinterfere with the use by the Grantee. Maintenance. Improvement and maintenance of the drainage facilities and the Servient Estate will be the sale right and obligation, and at the sole expense, of the Grantee. Grantee will ensure that the ServientEstate is maintained in a safe and secure manner. TO HAVE AND TO HOLD the same perpetually to Grantee, together with the right and privilege, atany and all times, to enter saic! premises, orany part thereof, for the purpose ofconstructing, reconstructing. repairing, and maintaining said drainage easement, together with all necessary laterals and appurtenant facilities. SIGNED this~ay of t!2eJ.r,6~r .2008. SCHOOL DISTRICT M. BRU , PRESIDENT the Board of Trustee of the cited Independent School District G:\kav\U 15D #40326\City of LPredo- Drainage Ensement· Laurel·Dellwood Dr\drainage enserocnL 4·24-2008 2 UISO (6).09.18.08.doc STATE OFTEXAS § COUNTY OF WEBB § BEFORE ME, the undersigned authority, on this day personally appeared JOHN M. BRUCE, Presidentof the Board ofTrustee of the United IndependentSchool District,Trustee, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the C, B- day of Ddt'he-y , 2008. /SJ~Q,Q~ Notary Public, State of Texas AFTER RECORDING RETURN TO: DELIA C, CAMPOS Ms. Ronnie Acosta Notary Public Director/ Dept. of Community Development Slate of Texas 1301 Farragut My Commlaslon Expires Ma 22 2011 laredo, Texas 78040 C:\kov\UISD 1140326\CiLy of Laredo- Drainage Easement. Laurel-Dellwood Dr\drainage easemenL 4-24-2008 3 UISD (6).09.18.08.doc I I• 0.1635 Acre Tract ofLand for Drainage Easemrot out oCLat 1, Block 1, U.r.S.D. Central Administration Complex Plat City ofLaredo, Webb County, Texas A 0.1635 acre tract ofland (7,120 st), more or less, out ofthe northeast comer ofLot 1, Block 1, United Independent School District ~ Central Administration Complex Plat, as recorded in v. 15, p. 45, Plat Records ofWebb County, Texas; said tract being more particularly described as follows: BEGINNING at the northeast comer ofsaid Lot 1, Block 1, U.I.S.D. Plat. a set VJ" iron rod that bears N 67°49'00" E -1,541.83' from the northwest comer ofsaid Lot 1, Block 1. for the northeast comer hereof and a point on a 346.85 foot radius curve to the right, having a central angle of 08° 12'48", a tangent of24.90 feet, a chord bearing ofS 07°48'25" E, a chord distance of49.68 feet; TIIENCE, along the arc ofsaid 346.85 foot radius curve to the right, same being the westerly right of-way line ofEden Lane and easterly line hereof, a distance of49.72 feet, to a set W' iron rod for a point tangent and a 1,391.86 foot radius reverse curve to the left, having a central angle of 00°28'55", a tangent or5.8S feet, achord bearing ofS 03 °56'30" E, a chord distance cifl1.70 feet; 11IENCE, along the arc ofsaid 1,391.86 foot radius curve to the left, continuing along the westerly right-of-way line ofEden Lane and same being the easterly line hereof, a distance of 11.70 feet, to a set W' iron rod for the southeast comer hereof, THENCE, S 80° 10'53" W. a distance of23.02 feet, along the southerly line hereof, to aset W' iron rod for a deflection left; THENCE, S 71 °56'36" W, a distance of29.02 feet, along the southerly line hereof, to a set W' iron rod for a deflection right; TIlENCE, S 87°35'38" W, a distance of 153.97 feet., along an existing chain link: fence and the southerly line hereo( to a set W' iron rod for the westerly comer hereof; THENCE, N 6r47'OO" E. a distance of212.32 feet., along the southeasterly line ofa called 64.26' CP&L Easement, perv. 216,p. 295 and v.224, p.158,Deed Records ofWebb County,Texas, same being the northwesterly line hereof, to the POINT OF BEGINNING ofthis O. 1635 acre tract ofland, more or less. Notes: 1. Basis ofBearings taken from the recorded plat in v. 15, p.45, PoR.W.C.T. 2. This Metes & Bounds Description accompany the survey sketch prepared by Guerra Engineering & Surveying Co., Laredo, TX, dated 27-Mar-2008. 1, the undersigned. a Registered Professional Land Surveyor i':l the State ofTexas, do hereby certify that this Metes & Booods Description was prepared from an actual survey ofthe property mBde Wlder my supervision on the ground. and that the comer monuments described were either found or placed WIder my supervision. This the 27-Mar-2008. EXHIBIT j~ \ \ \ \ \ \, \ WiEIjQ lit • VX' IllON ROO WI G.E.c. CAP P1' = POWER Plll£ P.Q.ll. IS A SE11ll FOR lHE NIE COR. OF LOT \. 8\.,1(. \. UJ.S.n. PLAT. V. IS. P. 45. P.R.'H.c.T. l!:. a 00'28'55 6. ... oa12'48 R ... 1391.86' R = 346.85' T .. 5.85' T := 24.90' NE L = 49.72' L ... 11.70', _ EDEN 0 8 B = 503"56 30 E RIES 31 B/B) B "" SOT48'26 E CH = 11.70' (R.O.W. VA ' CH -= 49.6B' NOlES: 1. NO llllE SEARCH PROVIDED, THERE MAY BE CERTAIN EASEMENTS AND OR CONVEYANCES THAT MAY NOT APPEAR ON lHIS SURVEY. 2- BASIS or BEARINGS TAKEN FROM lHE RECORDED U.I.S.O. PLAT, V. 15, P. 45, P.R.W.C.T. 3. lHlS SURVEY ACCOMPANY THE MElES &: BOUNDS OESCRIPllON PREPARED BY GUERRA ENGINEERING &: SURV£'l1NG CO., LAREDO. lX. DATED 27-MAR-2008. GUERRA ENGINEERING &: SURVEYINC COMPJINY. n&-W/l' 78fU5 SURVEY OF A 0.1635 AC. TRACT OF lAND OUT OF LOT 1, BLOCK 1, U.I.S.o. PLAT, V. 15, P. 45, WEBB COUNTY, TEXAS PLAT RECORDS, IN lHE CITY OF LAREDO, WEBB COUNTY, TEXAS. COUNCIL COMMUNICATION DATE: SUBJECT: RESOLUTION NO. 2008-R-129 Accepting the donation of one utility easement from Calixto Seca 10-20-08 and wife, Uvence Seca for Rancho Penitas West Subdivision Easement Acquisition Project, being a 0.22 acre of land more or less, out of 10.17 acres as recorded in Volume 1020, Pages 174 176, Real Property Records of Webb County, Texas, situated in Porcion 8, Bias M. Diaz, Abstract 40, and Porcion 9, Bias M. Diaz, Abstract 41, Webb County, Texas, and being more particularly described by Metes and Bounds and Survey hereby; attached, as Exhibits "A" and "B", respectively. INITIATED BY: STAFF SOURCE: Cynthia Collazo Ronnie Acosta Deputy City Manager CD Director PREVIOUS COUNCIL ACTION: None BACKGROUND: The City of Laredo is in the process of extending utility services lines to Rancho Penitas West Subdivision, among other colonias, in conjunction with its agreement with Webb County. The extension of utility service lines to Rancho Penitas West Subdivision will expedite the delivery of water and sewer services to residents of that colonia. In order to proceed with the extension of utility service lines to the Rancho Penitas West Subdivision, it is in the best interest of the City of Laredo to accept the donation of the above-referenced utility easement as described in the exhibits. FINANCIAL IMPACT: None COMMITTEE STAFF RECOMMENDATION: RECOMMENDATION: Staff recommends approval of Resolution. None RESOLUTION NO. 2008-R-129 ACCEPTING THE DONATION OF ONE UTILITY EASEMENT FROM CALIXTO SECA AND WIFE, UVENCE SECA FOR RANCHO PENITAS WEST SUBDIVISION EASEMENT ACQUISITION PROJECT, BEING A 0.22 ACRE OF LAND MORE OR LESS, OUT OF 10.17 ACRES, AS RECORDED IN VOLUME1020, PAGES 174 176, REAL PROPERTY RECORDS OF WEBB COUNTY, TEXAS, SITUATED IN PORCION 8, BLAS M.DIAZ, ABSTRACT 40, AND PORCION 9, BLAS M. DIAZ, ABSTRACT 41, WEBB COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AND SURVEY HEREBY; ATIACHED, AS EXHIBITS "A" AND "B", RESPECTIVELY. WHEREAS, the City of Laredo is in the process of extending utility service lines to Rancho Penitas West Subdivision, among other colonias in conjunction with its agreement with Webb County; and, WHEREAS, in order to proceed with the extension of utility service lines to the Rancho Penitas West Subdivision, it is in the best interest of the City of Laredo to accept the donation of the above-referenced utility easement, as described in attached Exhibits "A" and "B", respectively. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: A. It hereby, accepts the donation of one utility easement from Calixto Seca and wife, Uvence Seca for Rancho Penitas West Subdivision Easement Acquisition Project, this being a 0.22 acre of land more or less, out of 10.17 acres as recorded in Volume 1020, Pages174-176, Real Property Records of Webb County, Texas, situated in Porcion 8, Bias M. Diaz, Abstract 40, and Porcion 9, Bias M. Diaz, Abstract 41, Webb County, Texas, and being more particularly described by Metes and Bounds and Survey hereby; attached, as Exhibits "A" and "B", respectively. 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 2 ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY 3 UTILITY EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF WEBB That the undersigned, CALIXTO SECA and UVENCE SECA, husband and wife, of County ofWebb, State ofTexas, hereinafter referred to as "Grantor", for and in consideration of the sum ofTenDollars($10.00) cash, andothergood and valuable consideration inhand paidbythe Grantee herein named, the receipt of which is hereby fully acknowledged and confessed, has GRANTED, SOLD, CONVEYED and DEDICATED and bythese presents does hereby GRANT, SELL, CONVEY and DEDICATE unto the CITY OF LAREDO, a home rule city and political subdivision ofthe State ofTexas, its successors and assigns, hereinafter referred to as uGrantee", the rightto construct,reconstruct and perpetuallymaintainutility lines upon andthrough a 7.5 foot wide utility easement together with all necessary laterals and appurtenant facilities, in, over, upon and across the following tract ofland in Webb County, Texas: Being 0.22 acres ofland more or less out of 10.JTacres, Calixto Seca and Uvence Seca, , recorded in Volume 1020, pages 174-176, Real Property Records ofWebb County, Texas, datedJune 1, 1983, situatedinPorcion8, BlasM. Diaz,Abstract40, aand Porcion 9, BIas M. Diaz, Abstract 41, Webb County, Texas, and being out of Lot 35, Unit III, Rancho Penitas West SUbdivision, recorded in Volume 4, page 32, . of the Webb County Plat Records; and said 0.22 acre tract is more particularly described by metes and bounds inEXhibit A attached hereto, and is shown on survey attached hereto as Exhibit B. This conveyance, however, is made and accepted subject to any and all validly existing encumbrances, easements, mineral leases, conditions and restrictions, relating to the hereinabove described property as now reflected by the Official Property Records, ofWebb County, Texas. TO HAVE AND TO HOLD the same perpetuaily to Grantee, together with the right and 1 privilege, at any and all times, to enter said premises, or any part thereof, for the purpose of constructing, reconstructing, and maintaining said utility lines upon said utility easement. CX;Tohf7.e EXECUTED on this L day 0:t)arY, 2008. STATE OF TEXAS COUNTY OF WEBB en c:efo bE-'" This instrument was acknowledged before me on the '2- day of)Rly, 2008 by CALIXTO SECA and UVENCE SECA, husband and wife. cQ~ ".,~:~r:~.~;;;:.-. RICARDO MIRELES Notary Public, State 0 Texas r!1<'....~ \ Notary Public. State of Texas c..... -*.\ \ . /!·*·c·. My 0IllIlI1SSlOO. 188 ...... ,?:,;;;....~~~ MARCH 14 2009 ~~J/~e:I\\\\\"" ,_, ' Ref. Lot 35, Unit III, Rancho Penitas West. amcg 7.14.08 AFTER RECORDING RETURN TO: Ms. Ronnie Acosta CD Director P.O. Box 1276 Laredo, Texas 78042-1276 2 COUNCIL COMMUNICATION DATE: SUBJECT: RESOLUTION 200S-R-130 10/20/2008 AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE SOUTH TEXAS DEVELOPMENT COUNCIL (STDC) IN THE AMOUNT OF $SO,OOO. FUNDS WILL BE USED TO BUY A WOOD CIDPPER THAT WILL BE USED TO MULCH BRANCHES ON CITY STREETS TO HELP REDUCE COLLECTION AND TRANSPORTATION COSTS. INITIATED BY: STAFF SOURCE: Jesus Olivares Oscar J. Medin~ Director Assistant City Manager Solid Waste Services Department PRE~OUSCOUNCILACTION: No~ BACKGROUND: The Solid Waste Services Department in conjunction with the Environmental Services are seeking funds to purchase a wood chipper that can assist to mulch branches on city streets. This will help compact trees into bulk material that is relatively easier to handle and transport. Grinding ofbranches is an alternative for diverting waste from the Landfill. Qty. Unit Price Total Wood Chipper 1 $80,000.00 $80,000.00 FINANCIAL: No matching funds are required from the City. RECOMMENDATION: STAFF: Approval ofthe resolution. RESOLUTION 2008- R-130 AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE SOUTH TEXAS DEVELOPMENT COUNCIL (STDC) IN THE AMOUNT OF $80,000. FUNDS WILL BE USED TO BUY A WOOD CIDPPER THAT WILL BE USED TO MULCH BRANCHES ON CITY STREETS TO HELP REDUCE COLLECTION AND TRANSPORTATION COSTS. WHEREAS, the Solid Waste Services Department in conjunction with the Environmental Services is planning to facilitate the handling and transporting ofbranches; and WHEREAS, a wood chipper will convert trees into bulk material on city streets for easier distribution and transportation; and WHEREAS, this will improve the method ofbranch disposal and help divert waste from the City landfill; and WHEREAS, using a wood chipper on site will help reduce collection and transportation costs; and WHEREAS, the South Texas Development Council (SIDC) has grant funds available for Solid Waste projects; and WHEREAS, the City ofLaredo's Solid Waste Services and Environmental Services is proposing to apply and accept grant funds for a wood chipper, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section l. Ithereby authorizes the City Manager to submit a Grant application to the South Texas Development Council (SIDC) in the amount of$80,000. Section 2. The City ofLaredo hereby agrees that the $80,000 received will only be used for the purpose ofpurchasing a wood chipper that can assist to mulch branches on city streets. The City will comply with the provisions ofthe fmancial assistance program and the fiscal reimbursement and reporting requirements ofthe South Texas Development Council. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS DAY OF OCTOBER 2008. Raul Salinas Mayor Attest: Gustavo Guevara, Jr. City Secretary COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 10/20108 Prioritizing the approved legislative agenda in preparation for the 81 st Legislative Session of the State of Texas. INITIATED BY: STAFF SOURCE: Carlos Villarreal, City Manager Jessica L. Hein, Manager PREVIOUS COUNCIL ACTION: The state legislative agenda was adopted by City Council on September 2, 2008. BACKGROUND: Category State Legislative Item Environmental Fund Tire Remediation Program Health Designate a Texas-Mexico Border Public Health Region Health Funding for Indigent Health Care Health Funding for Public Health Preparedness Health Funding for the Obesity Reduction and Diabetes (Bienestar) Program Health Support Core Public Health Services Homeland Security Change Threat vs. PopUlation Based On Funding Formulas Homeland Security Funding for Emerging Technology Training for First Responders Homeland Security Funding for Radio Communications and Interoperability Homeland Security Funding for Regional Emergency Operations Center Homeland Security Homeland Security Funding Homeland Security River Jurisdiction Status Local Government Coin Operated Machine Businesses Local Government Changing General Election Date Local Government Support for Delayed School Start Date Parks & Leisure Provide Recreational Facilities and Workforce Opportunities for People with Special Needs Tax Local Option Residence Homestead Exemption Tax Periodic Reappraisal of Real and Personal Property Transit Bus and Facility Capital Funding Transit Eliminate State Sales Tax Cap for Transit Transportation Cuatro Vientos Roadway Project Transportation Dedicate Aviation Sales Tax for Airport Development Transportation Railroad Noise Abatement Program Transportation Support for Transportation Corridor Projects that Positively Impact the Port of Laredo Utility Amend Utilities Code Regarding Telecommunication Providers and a Municipality Utility Communications Between Municipalities Reqardinq Water Resources FINANCIAL IMPACT: None. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Approval of this motion. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 10/20108 Authorizing the City Manager to contract with the following consulting firms for intergovernmental, informational, and advocacy services to be provided to the City of Laredo for the period beginning of October 1, 2008 through September 30, 2009. Funding is available in General Fund, Bridge Fund, and Information Technology Fund. • McWilliams & Associates (Andrea McWilliams), Austin, Texas, in the amount of $66,000; • Miller & Van Eaton, P.L.L.C. (Gerry Lederer), Washington, D.C., in the amount of $90,000, plus $11,550 out of pocket expenses; • Government Relations, Inc. (Allynn Howe), Oakton, Virginia, in the amount of $90,000, plus $5,000 out of pocket expenses. INITIATED BY: STAFF SOURCE: Carlos Villarreal, City Manager Jessica L. Hein, Manager PREVIOUS COUNCIL ACTION: None. BACKGROUND: These legislative consultants will provide state or federal intergovernmental, informational, and advocacy services for the City of Laredo. FINANCIAL IMPACT: 101-5505-513-5526 - $200,050 595-5510-513-5526 - $32,500 553-4062-533-5526 - $30,000 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Approval of this Motion. CONSULTING CONTRACT AGREEMENT, made this 1st day of October, 2008, by and between Government Relations Consultants, 11005 Sweetmeadow Drive, Oakton, VA 22124 (herein referred to as "the Consultant") and the CITY OF LAREDO, provided as follows: WITNESSETH WHEREAS, the CITY OF LAREDO and the Consultant desire that the Consultant be retained to provide, in the capacity of an independent contractor, intergovernmental affairs and informational services to, and for the benefit of the CITY OF LAREDO. NOW, THEREFORE, in consideration of the premises and mutual promises of the parties hereto by them to be kept and performed, it is hereby agreed as follows: SECTION I SCOPE OF SERVICES: The consultant shall provide to the CITY OF LAREDO intergovernmental, informational and advocacy services described in Appendix I of this contract. In the performance of said services, the Consultant shall not engage in any activities which are illegal or unethical. SECTION II COMPENSATION: CITY OF LAREDO shall pay Government Relations Consultants (Allynn Howe) in the amount of $90,000, plus $5,000 out of pocket expenses as compensation for services to be performed by Allynn Howe at the rate of $7,500 per month, commencing with the date of this contract and payable in arrears on the last day of each month. Approval for activities involving travel costs must be agreed to in advance by the Consultant and the CITY OF LAREDO. SECTION III NONEXCLUSIVITY: The consultant may act for and render intergovernmental affairs and informational services to other persons, government units, firms or corporations during the term of this agreement. SECTION IV DURATION OF AGREEMENT: This agreement shall commence upon the date of this contract and shall continue for twelve months ending September 30, 2009. This Agreement may be renegotiated at that time. SECTION V AMENDMENTS: No amendment to this agreement shall be effective unless it is in writing and signed by both parties. IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers on the day and year first noted above. GOVERNMENT RELATIONS CONSULTANTS By: _ Allynn Howe, President CITY OF LAREDO By: _ Carlos Villareat City Manager APPENDIX I Informational and advocacy services shall include the following: 1. Coordination and assistance with meetings with appropriate Members of Congress and Legislative and Executive Branch staff; 2. Assist with the drafting and dissemination of written material to Members of Congress; 3. Coordination with other Consultants for the City of Laredo and relevant associations and other properties on policy changes and budget matters that may be considered by the Congress or the Executive branch; 4. Produce monthly report summarizing items of importance that have occurred during the previous month; 5. Attend and take part in meetings from time to time with the City of Laredo's staff and elected officials at the request of the City of Laredo; 6. Generally, we will work on areas where the City of Laredo can improve their return from Federal transportation programs particularly in highway and transit funding, including, but not limited to the following: 1. National Corridor Planning and Border Infrastructure Program 2. Section 5309 Bus and bus facilities program 3. Intelligent Transportation Systems Integration Deployment program 4. Railroad grade crossings 5. Airport Improvements 6. Other Appropriations funding as needed CONTRACT EXTENSION FOR PROFESSIONAL SERVICES PARTIES 1. This contract is between Miller & Van Eaton, P.L.L.c.,("Firm") and the City ofLaredo, Texas ("City") for professional services (Washington-Representation). This contract and the enclosed Standard Terms of Engagement (which is incorporated by reference) set forth the additional terms ofour engagement. PROFESSIONAL SERVICES 2. For purposes ofthis contract, professional services shall mean advocacy services on behalfofthe City ofLaredo, as directed by the appropriate city officials and staffand in coordination with the City's congressional delegation. It shall also include securing adoption ofmeasures favorable to the city through liaison with the Administration and associations ofstate and local government officials. TERM 3. The contract term for this engagement is for twelve (12) months covering the time period from October 1,2008 through September 30,2009 and supersedes any other contracts that were entered into previously. PROFESSIONAL SERVICES CAP 4. Subject to the provision ofparagraph 6 below, the cost ofthe provision ofprofessional services under this contract shall not to exceed ninety thousand dollars ($90,000). Professional services will be billed at a rate of$7, 500 per month. (12 months X $7,500 monthly retainer = $90,000.) For this monthly retainer, the City is entitled to up to fifty five (55) hours ofwork for each month ofthe contract. Any hours worked by the Firm in excess of55 hours in any given month ofthe contract shall be carried over to the next month. RECOVERY OF OUT-OF-POCKET AND OTHER RELATED EXPENSES 5. Not captured in the professional service cap outlined in paragraph 3 above are out-of pocket or related expenditures. Related expenditures should not exceed eleven thousand five hundred and fifty dollars ($11,550.) for the life ofthis contract. The basis for this estimate is attached hereto as Exhibit A. The Firm shall notify the City in writing when related expenditures reach eighty (80%) percent ofthe amount authorized. The term "related expenditures" includes, as applicable, travel, postage, messenger services, copying, approved meals and registration fees, and such necessary expenses incurred by The Firm on the City's behalfto render professional services. LAREDO WEEK RECEPTION 6. An integral tool in the provision ofprofessional service is the annual Laredo Week reception. At the City's direction, the Firm shall contract with the designated hotel or parties and pay for the annual reception. The Firm will then bill the City directly for reimbursement. City shall make all reimbursements within 30 days ofreceipt ofthe bill from Firn1 or City will pay all applicable finance charges plus a five (5%) handling charge. AMENDMENTS REQUIRE CITY COUNCIL APPROVAL 7. The City shall not be obligated to pay the Firm any amount in excess ofthe fee and expense caps without City Council approval, nor shall the Firm be obligated to perform services over and above the hours authorized by the City. 8. Should unforeseen circumstances, such as an expansion in the number of City projects within the scope ofservices described in paragraph 2, result in the Firm's beliefthat it could possible exceed the professional service cap of600 hours for the life ofthe contract, Firm must promptly advise the City Manager. 9. The parties agree that should the Firm be authorized to bill the City for professional services in excess ofthe total cost set forth herein, and approved by the Council, the fees for such additional services shall be billed at the following agreed to rate. Professional Hourly Rate Gerard Lavery Lederer $320.00 Paralegal $ 85.00 MISCELLANEOUS 10. The client for this engagement is the City ofLaredo, Texas, and not any individual officer or employee thereof 11. While this is a contract for professional services, it should be noted that the City and Firm have a separate contract for legal services. The professional services provided pursuant to this agreement will be governed by the attorney-client relationship as well. The attorney client relationship is one ofmutual trust and confidence. The Firm will do its best to ensure that the City is satisfied not only with the Firm's services but also with the reasonableness ofthe fees charged for those services. Whenever the City has any questions or comments regarding Firm's services, or the status ofCity's files, or whenever any new facts or considerations come to the City's attention, the City should contact the Firm's attorney with whom the City is working. The Firm also encourages the City to inquire about any matter relating to fee arrangements or monthly statements that are in any way unclear. CITY OF LAREDO The Firm By: _ Nicholas Miller Carlos Villareal Its City Manager By: _ Gustavo Guevara Its City Secretary ATTACHMENT 1 The Standard Terms of Engagement contain a binding alternative dispute resolution provision which may be enforced by the parties MILLER & VAN EATON, P.L.L.c. STANDARD TERMS OF ENGAGEMENT I. Includes information provided in accordance with the D.C. Rules of Professional Conduct This statement sets forth certain standard terms ofour engagement as your lawyers and is intended as a supplement to the engagement letter that we have with you as our client. Unless modified in writing by mutual agreement, these terms will be an intesral part of our agreement with you as reflected in the engagement letter. Therefore, we ask that you review this statement carefully and contact us promptly if you have any questions. We suggest that you retain this statement in your file with the engagement letter. This engagement shall be subject to the D.C. Rules ofProfessional Conduct. The Scope ofOur Work We will at all times act on your behalf to the best of our ability. Any expressions on our part concerning the outcome of your legal matters are expressions of our best professional judgment, but are not guarantees. Such opinions are necessarily limited by our knowledge of the facts and are based on the state ofthe law at the time they are expressed. It is our policy that the person or entity that we represent is the person or entity that is identified in our engagement letter. Absent an express agreement to the contrary our representation does not include any affiliates ofsuch person or entity (e.g., ifyou are a corporation or partnership, the representation does not include any parents, subsidiaries, employees, officers, directors, shareholders or partners of the corporation or partnership, or commonly owned corporations or partnerships; or if you are a trade association, any members of the trade association). If you believe this engagement includes additional entities or persons as our clients you should infOlTI1 us immediately. It is also our policy that the attorney-client relationship will be considered terminated upon our completion of any services that you have retained us to perform. If you later retain us to perform further or additional services, our attorney-client relationship will be revived subject to these Standard Terms of Engagement and those set forth in this letter as they may be modified by mutual agreement to fit the circumstances at that time. Who Will Provide the Legal Services Customarily, each client ofthe firm is served by a principal attorney contact. The principal attorney should be someone in whom you have confidence and with whom you enjoy working. You are free to request a change ofprincipal attorney at any time. Subject to the supervisory role of the principal attorney, your work or parts of it may be performed by other lawyers and legal assistants in the firm. Such delegation may be for the purpose of involving lawyers or legal assistants with special expertise in a given area or for the purpose ofproviding services on the most efficient and timely basis. How Our Fees Will Be Set Generally, our fees are based on the time spent by the lawyers and paralegal personnel who work on the matter. We will charge for all time spent in representing your interest, including, by way ofillustration, telephone and office conferences with you and your representatives, consultants (if any), opposing counsel, and others; conferences among our legal and paralegal personnel; factual investigation; legal research; responding to your requests for us to provide information to your auditors in connection with reviews or audits offinancial statements; drafting letters and other documents; and travel. We will keep accurate records ofthe time we devote to your work. The hourly rates of our lawyers and legal assistants are reviewed and generally adjusted periodically on a Firm-wide basis to reflect current levels oflegal experience, changes in overhead costs, and other factors. Although we may from time to time, at the client's request, furnish estimates oflegal fees and other charges that we anticipate will be incurred, these estimates are by their nature inexact (due to unforeseeable circumstances) and, therefore, the actual fees and charges ultimately billed may vary from such estimates. With your advance agreement, the fees ultimately charged may be based upon a number of factors, including: the time and effort required, the novelty and complexity ofthe issues presented, the value of the services to you, the amount of money or value of property involved, the results obtained, and the time constraints imposed by you and other circumstances, such as an emergency closing or the need for injunctive relieffrom court. For certain well-defined services and special circumstances we will (if requested) quote a flat fee. In all such situations, that flat fee arrangement will be expressed in a letter, setting forth both the amount of the fee and the scope of the services to be provided. We also will, in appropriate circumstances, provide legal services on a contingent fee basis. Any contingent fee representation must be the subject ofa separate and specific engagement letter. Additioual Charges In addition to our fees, there will be other charges for items incident to the performance of our legal services. Generally, charges which reflect the use of resources provided by outside vendors (courier services, court reporters, etc.) are charged at the vendor's charge to us without markup. Certain other charges reflect the utilization of firm resources or involve an integral combination of firm's resources and outside vendors (photocopying, computer research, etc.). These services are charged at standard rates which encompass both the direct vendor charge and an amount equal to the firm's estimate ofan appropriate charge for the firm resources allocated to the service. While these charges may not match the firm's exact cost of providing these services in each instance, we believe that these charges are fair and generally comparable to the charges made by other firms for similar services. The current basis for these charges is set forth below. The Firm may review this schedule ofcharges on an annual basis and adjust them to take into account changes in the Film's costs and other factors. Computer Research: The Firm uses the LexislNexis and Westlaw computer-assisted research services. Where applicable, such research is more efficient than traditional book research and permits access to a much broader range ofresources than normally found in a law firm library. However, in addition to the electronic data provided by the computer research services, we must provide dedicated hardware and technical support. We have entered into contracts for the electronic data with our computer research services which we believe provides the lowest rates for our projected usage. Photocopying: The Firm charges $.25 per page. Mail: Clients are charged the actual cost ofpostage for the U.S. Postal Service, as well as the actual cost ofair express couriers. Overtime: Staff overtime is charged only when required by the time constraints of the specific project. Facsimile: The Film charges $1.00 per page for outgoing faxes, which includes all telephone costs. There is no charge for incoming faxes. Telephone Calls: There is no charge for local calls. Long distance calls which originate at the Washington office are billed according to the actual cost ofthe call plus 20%. Travel-Related Expenses: Airfare, meals, and related travel expenses charged to the client represent actual, out-of-pocket cost. Automobile mileage is charged at the IRS-approved rate of .31 per mile. Credits earned under the Frequent Flyer Programs accrue to the individual traveler and not to the Firm. Firm Messengers: There is no charge to the client for walking messenger trips made by Washington office employees. Other courier expenses are billed at the actual cost to Firm. All Other Costs: The Firm charges actual disbursements for third-party services such as court reporters, expert witnesses, etc. Unless special arrangements are otherwise made, fees and expenses of others (such as expelis, investigators, consultants and cOUli reporters) will be the responsibility of, and billed directly to, the client. Further, all invoices in excess of $500 will be forwarded to the client for direct payment, unless other arrangements are agreed to separately. In the event that payments from you to us include advances of unearned fees and unincurred costs, you agree that such advances may be commingled with the finn's funds, subject to an accounting not later than upon tennination ofthe representation. Payment Our billing rates are based on the assumption of prompt payment. Consequently, unless other arrangements are made, fees for services and other charges will be billed monthly and are payable within thirty days ofreceipt. We reserve the right to charge interest after thirty days at the maximum legally pennissible rate up to 1% per month or 12% per annum on amounts past due. Representation in Unrelated Matters We understand and agree that this is not an exclusive agreement, and you are free to retain any other counsel of your choosing. We recognize that we shall be disqualified from representing any other client (i) in any matter which is substantially related to our representation of you and (ii) with respect to any matter where confidential infonnation you furnished to us could be used to your material disadvantage. We represent many other companies and individuals. It is possible that some of our present or future clients may have interests which conflict with yours in litigation, business transactions or other legal matters during the time that we are representing you. Subject to the requirements of the District of Columbia Rules of Professional Conduct which govern us, we may in the future consult with you about our continued representation or our undertaking of a new representation of a client in any such matter that is not substantially related to our work for you and that does not risk potential use of confidential infonnation to your material disadvantage. The D.C. Rules ofProfessional Conduct deal specifically with instances where unforeseen conflicts arise between existing clients of the finn. Termination ofEngagement You may tenninate our engagement with or without cause at any time on written notice to us. We will return all client papers and property immediately upon telmination ofour engagement. We will, however, retain our own files. If you wish to make copies ofour files, you or your new lawyer can alTange to make copies of all our papers that we believe are necessary to continued representation. Tennination of our services will not affect your responsibility to pay for legal services rendered and all expenses and other charges incurred up to the date when we receive notice of termination, and for any further work required of us in order to facilitate an orderly turnover ofmatters in process at the time oftennination. We may tenninate our engagement for any of the reasons permitted under the Rules of Professional Conduct which govern us, including: your failure to pay promptly our bills, misrepresentation of(or failure to disclose) any material facts, action taken contrary to our advice, or any other conduct or situation that in our judgment impairs an effective attorney-client relationship between us or presents conflicts with our professional responsibilities. Subject to the Rules ofProfessional Conduct which govern us, we may also terminate our engagement by reason of your failure to consent to our representation of a client in accordance with the terms of the preceding section. If required, we will request a stipulation executed by you allowing us to withdraw as attorney of record in any judicial, arbitration or similar proceedings. We may also apply for a court order approving our withdrawal from representing you, and you agree in advance to our withdrawal. Alternative Dispute Resolution: Mediation and Arbitration Should any dispute arise concerning either the services provided to you by us or our billing statements forwarded to you, you and we shall first try in good faith to settle the dispute directly. If the dispute is not resolved, it shall be submitted to voluntary third party neutral mediation in accordance with the mediation rules ofthe American Arbitration Association. Ifmediation is not successful, you and we agree to arbitrate the dispute in accordance with the Rules ofthe American Arbitration Association. The mediation and arbitration proceedings, including any hearings, shall be held in a mutually agreeable venue. Both you and we agree that neither of us is entitled to or shall request or claim punitive or exemplary damages. Client Documents We will maintain any documents you furnish to us in our client file (or files) for this matter. At the conclusion ofthe matter (or earlier, if appropriate), it is your obligation to advise us as to which, if any, of the documents in our files you wish us to tum over to you. These documents will be delivered to you within a reasonable time after receipt of payment for outstanding fees and costs. We will retain any remaining documents in our files for a certain period of time and ultimately destroy them in accordance with our record retention program schedule then in effect. Exhibit A ESTIMATED EXPENSES TRIPS Washington for USCM Winter Meeting $1,000.00 (Registration, meals and parking) Laredo Week '09 $ 150.00 (Parking and meals) Laredo Week StaffSupport $1,000.00 USCM Annual Meeting $1,900.00 (Air, hotel and registration) Leadership Meeting Summer 09 $1,200.00 (Air, hotel and registration) Trip to Laredo $1,200.00 (Air and hotel) Emergency Trip (reserve) $1,200.00 II. Subtotal $7,650.00 ESTIMATED MONTHLY EXPENSES Cabs and Inner D.C. Travel $ 70.00 Phone and fax $100.00 Meals (2 meals per month with City designees) $125.00 Mail/Fed Ex $ 30.00 Monthly Estimated Costs $325.00 X months in contract x 12.00 III. Subtotal for monthly $3.900 IV. TOTAL $11,550 This number does not include the anticipated cost of the Laredo in Washington Reception which had traditionally cost in the area of $25,000 to $30,000. CONSULTING SERVICES AGREEMENT This agreement is made and entered into this 1st day ofOctober 2008 by and between Andrea McWilliams, whose principal office is located at 1220 Colorado, Suite 100 (hereinafter referred to as the "Consultant"), and the City ofLaredo, having an office located at 1110 Houston Street, Laredo, Texas 78045 (hereinafter referred to as "Client"). Whereas, Consultant has offered services to the Client and the Client has determined to purchase such services from Consultant as are described below in accordance with the terms set fOlih herein. Now, therefore, in consideration ofthe foregoing premises, the parties hereby agree as follows: I. SCOPE OF SERVICES Consultant hereby agrees to perform the following consulting and government relations services in the State ofTexas for the Client: a) Consultant will monitor, track and analyze legislation, administrative rules and committee activity as directed by Client. Consultant will provide intelligence-gathering services as directed by the Client. Consultant will promptly report legislative or administrative activity that could affect the Client either positively or adversely. b) Consultant will serve as a general strategic resource and assist the Client in developing government relations strategies. c) Consultant will lobby in support or in opposition to legislation, rules, policies or programs that may affect the Client including drafting proposed legislation, appearing as an advocate before members ofthe executive and legislative branch and presenting information to the legislature or state government. I. SCOPE OF SERVICES (continued) d) Consultant will work with trade associations and other entities sharing the Client's interests with, and only with, the express direction ofthe Client. e) Consultant will monitor changes in state lobbying and campaign contribution and reporting law and advise the Client ofthose changes in a timely manner. f) As appropriate and as mutually agreed by both parties, this Agreement can be amended to allow Consultant to perform such other services as may be in the best interests ofthe Client. g) Consultant will meet with Client representatives at reasonable times and in mutually agreed locations. h) Consultant warrants that consultant has or will establish the necessary facilities to enable consultant to carry out the responsibilities listed herein. i) Consultant shall not seek, obtain, or disclose to the Client any information considered by a third party to be proprietary and/or confidential to that third party, except as otherwise agreed by that third party. j) In confOlmity with the provision in the Section below entitled "Conflict of Interest", Consultant hereby represents that she has not, and agrees that she will not during the term ofthis Agreement, without prior written consent ofthe Client, enter into any agreements to represent in any manner or capacity other entities in a similar capacity to that described herein relating to the subject matter ofthis Agreement. II. CONFLICT OF INTEREST The parties hereby recognize and acknowledge that, pursuant to the laws ofthe State ofTexas, a registered lobbyist may represent multiple clients with the client's consent after disclosure and consideration ofthe possible effects ofthat representation on the Consultant's professional judgment. Pursuant to said laws, Consultant hereby confirms, and the Client hereby acknowledges that Consultant does not currently represent any clients that would constitute a conflict ofinterest to the work contemplated to be performed by Consultant hereunder. III. TERMS, WARRANTIES AND REPRESENTATIONS Consultant agrees to the following terms and makes the following warranties: a) Consultant will perform all duties in a timely and professional manner and will abide by all state laws. Consultant will engage in no illegal or unethical activities when engaged in activities on behalfofthe Client. b) Consultant will comply with all applicable federal, state and local laws including those governing gifts and political contributions. c) IfConsultant's activities warrant registration under Chapter 305 ofthe Texas Government Code, Consultant will properly register and maintain registration throughout the duration ofthis Agreement. Consultant will fully comply with all legal requirements necessary to perform lobbying and government relations services for the Client. IV. REGISTRATION AND REpORTING Ifapplicable, Consultant is responsible for registering and filing all reports with federal, state and local governments which may be required by law or regulation in connection with Consultant's activities on behalfofthe Client. Such reports must be filed in an accurate and timely manner at Consultant's expense. To the extent Client must file any similar reports, Consultant will provide all necessary information and assistance to the Client, in a timely manner, to enable the Client to comply with this filing and registration requirements. V. COMPENSATION, CONSIDERATION AND TERM OF CONTRACT a) In consideration for the services provided, the Client will pay Consultant a monthly sum of$5500 per month for services commencing the 1st day of October 2008 through the 30th day ofSeptember 2009. b) Consultant shall submit monthly invoices no later than the second Monday following the month for which the invoice is submitted. c) The Client will not pay any additional expenses unless agreed to by a representative ofthe Client. d) The term ofthis agreement shall be for a period of 12 months, ending the 30th day ofSeptember 2009. However, upon mutual agreement ofboth parties, this agreement may be cancelled at any time with 90 days written notice. VI. CLIENT CONFIDENTIAL INFORMATION Consultant agrees for herselfand on behalfofall employees and agents ofClient, that with respect to any data, documents or other writings supplied by the Client to Consultant and identified as proprietary or confidential information (hereinafter refened to as "Confidential Information"): a) To use such Confidential Information only in Consultant's performance under this Agreement; b) Not to make copies ofsuch Confidential Information or any part thereof without the written permission ofthe Client; c) Not to disclose any such Confidential InfOlmation or any part thereofto others for any purpose; d) To limit dissemination ofsuch Confidential Information to persons within Consultant's employ who are directly involved in Consultant's performance under this Agreement and have a need to use such Confidential Information for purposes ofsuch performance only; and e) To return such Confidential Information and any copies thereofto the Client at the completion ofall services under this Agreement or at such earlier date as the Client may designate. Confidential Information shall include, but is not limited to, all written documentation which is required to be delivered under this Agreement or which is delivered pursuant to the Agreement. VII. CORRUPT GIFTS AND THE PAYMENT OF COMMISSION Consultant shall not offer or give or agree to give any person employed by Client, or any official or employee ofthe State ofTexas, any gift, commission, rebate or consideration ofany kind as inducement or reward for doing, influencing or carrying out any act in relation to the obtaining or execution ofa contract or award in response to the Request for Offer or for showing any favor or disfavor to any person or persons in relation thereto. Breach ofthis Section may render the Consultant, and/or agents liable to punishment by law. VIII. PUBLIC RELEASE OF INFORMATION Consultant shall obtain the prior written approval ofthe Client concerning the content and timing ofnews releases, articles, brochures, advertisements, speeches and other information releases concerning the work performed or to be performed hereunder by Consultant. Consultant agrees to give the Client reasonable advance time for review ofany materials submitted to the Client for approval. IX. NATURE OF PROFESSIONAL RELATIONSHIP Consultant is an independent contractor and the Agreement shall not be construed or interpreted to create an association, partnership, joint venture, relation of principal and agent or employer and employee between the Client and Consultant within the meaning offederal, state or local law. Consultant shall not enter into any agreement, oral or written, on behalfofthe Client without the express written approval ofthe Client. X. LIMITATION ON LIABILITY EXCEPT IN THE EVENT OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY CONSULTANT, IN NO EVENT WILL THE CONSULTANT BE LIABLE FOR SPECIAL, COLLATERAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, LOSS OF PROFITS OR REVENUES, LOSS OF SAVINGS, LOSS OF USE, INTERRUPTIONS OF BUSINESS, AND CLAIMS OF CUSTOMERS). EXCEPT IN THE EVENT OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY CONSULTANT, CONSULTANT'S TOTAL AGGREGATE CONTRACTUAL OR TORTIOUS LIABILITY OWING TO CLIENT UNDER THIS AGREEMENT, INCLUDING LIABILITIES OF WHATSOEVER NATURE AND HOWSOEVER ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT OR AT LAW SHALL IN NO CIRCUMSTANCE EXCEED THE AMOUNT PAID TO CONSULTANT BY CLIENT FOR THE SERVICES TO BE PERFORMED HEREUNDER. XI. GENERAL a) Consultant agrees that the work perfonned under this Agreement, including the services provided, shall comply with all applicable pennits and licenses and the requirements ofall applicable laws, regulations and standards. b) Consultant shall not assign or delegate this Agreement or any ofits rights, duties or obligations thereunder to any person or entity without prior written approval ofthe Client. c) The tenns ofthis Agreement constitute the final and entire agreement between the parties and no prior or contemporaneous representations, expressions or agreements, either written or oral, shall vary or supplement the tenns ofthis Agreement. The tenns ofthis Agreement shall not be supplemented or contradicted by course ofdealing, usage oftrade or course ofperfonnance under this or other contracts. d) Amendments to the Agreement shall be in writing and signed by both Parties. In witness whereof, the parties hereto have affixed their signatures on the date(s) specified below. City of Laredo Andrea McWilliams (Client) (Consultant) By__---'- _ By _ Title. _ Title, _ Date------Date. _ COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 10/20/2008 Approving monthly adjustments to the tax roll. The amounts to be adjusted for the month ofSeptember 2008, represent a decrease of$48,920.48. 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 ofTax, paragraph (e) ofthe Texas Property Tax Code, "the Assessor shall enter the amount oftax determined as provided by this section in the appraisal roll and submit it to the governing body ofthe unit for approvaL The appraisal roll with amount oftax entered as approved by the governing body constitutes the unit's tax rolL It was the recommendation ofthe 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 decrease due to a decrease in levy in the amount of $48,920.48. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Approval PREPARED 9/30/08, 18:02:03 TAX ADJUSTMENT LISTING PAGE 110 PROGRAM TX420L 9/01/08 - 9/30/08 City of Laredo BY TRANSACTION DATE RECAP TOTALS BY ENTITY/YEAR ------ENTITY/YR + BASE PAYMT REF PYMT VOID - BASE CR REF +/-TX DUE TRANS FRM TRANS TO ------UNASSIGNED .00 .00 .00 .00 .00 .00 2181.15 2436.24- **** TOTALS .00 .00 .00 .00 .00 .00 2181.15 2436.24- INT 07 .00 .00 .00 .00 .01 .00 .00 .00 INT 08 .00 .00 .00 .00 .00 .00 16.44 .00 INT TOTALS .00 .00 .00 .00 .01 .00 16.44 .00 INT2 02 .00 .00 .00 .00 .00 .00 .00 27.04- INT2 TOTALS .00 .00 .00 .00 .00 .00 .00 27.04- INT3 03 .00 .00 .00 12.90- .00 .00 .00 22.02- INT3 TOTALS .00 .00 .00 12.90- .00 .00 .00 22.02- INT4 04 .00 .00 .00 9.75- .00 .00 .00 16.39- INT4 TOTALS .00 .00 .00 9.75- .00 .00 .00 16.39- INT5 05 .00 .00 .00 21. 76- .00 .00 .00 10.01- INT5 TOTALS .00 .00 .00 21. 76- .00 .00 .00 10.01- INT6 06 1612.24 .00 .00 73.97- .00 .00 1. 67 5.50- INT6 TOTALS 1612.24 .00 .00 73.97- .00 .00 1.67 5.50- INT7 07 965.34 .00 .00 1. 73- .00 .00 .00 .00 INT7 TOTALS 965.34 .00 .00 1. 73- .00 .00 .00 .00 LARE 99 .00 .00 .00 .00 .00 .00 .00 44.94- LARE 00 .00 .00 .00 .00 .00 66.97- LARE 01 .00 .00 .00 55.10-.00] 1.00.00 .00 .00 .00 LARE 02 .00 .00 .00 66.27-. ,.01 .00 8.21 .00 LARE 03 .00 .00 .00 106.84- . . q~ .00 .00 65.18 32.59- LARE 04 .00 .00 .00 113.45- ?~.J..!I). 20{. 83 .00 257.72 113.45- LARE 05 .00 .00 .00 11388.74- 153.81 .00 19989.76 11275.61- LARE 06 .00 .00 .00 19480.53- 573.67 .00 37089.38 19440.21- LARE 07 00 326.63 727.05 41594.68- 2099.23 .00 82827.42 37797.93- LARE 08 1069.96 .00 .00 26213.58 .00 .00 2012.76 71031. 02- LARE TOTALS 1069.96 326.63 727.05 99019.19- 3037.55 .00 142250.43 139802.72- OMIT 02 .00 .00 .00 171.44- .00 .00 .00 45.08- OMIT 03 .00 .00 .00 217.43- .00 .00 .00 45.89- OMIT 04 .00 .00 .00 215.05- .00 .00 .00 45.55- OMIT 05 .00 .00 .00 1743.60- .09 .00 .00 41.72- OMIT 06 8644.24 .00 .00 2210.07- 15.98 .00 424.72 451. 60- OMIT 07 14203.89 .00 .00 2603.42- .76 .00 241. 75 91. 21- OMIT TOTALS 22848.13 .00 .00 7161. 01- 16.83 .00 666.47 721. 05- RP05 05 .00 .00 .00 56.05- .32 .00 38.25 .00 RP05 TOTALS .00 .00 .00 56.05- .32 .00 38.25 .00 RP06 06 820.84 .00 .00 56.91- 7.79 .00 40.57 .00 RP06 TOTALS 820.84 ',,/ .00 .00 56.91- 7.79 .00 40.57 .00 RP07 07 1379.68 .00 .00 253.29- 5.36 .00 158.93 .00 PREPARED 9/30/08, 18:02:03 TAX ADJUSTMENT LISTING PAGE 111 PROGRAM TX420L 9/01/08 - 9/30/08 City of Laredo BY TRANSACTION DATE RECAP TOTALS BY ENTITY/YEAR ------ENTITY/YR + BASE PAYMT REF PYMT VOID - BASE CR REF +/-TX DUE TRANS FRM TRANS TO ------RP07 TOTALS 1379.68 .00 .00 253.29- 5.36 .00 158.93 .00 RP08 08 .00 .00 .00 232.53- .00 .00 .00 .00 RP08 TOTALS .00 .00 .00 232.53- .00 .00 .00 .00 RTN 07 50.00 .00 .00 .00 .00 .00 11. 57 .00 RTN TOTALS 50.00 .00 .00 .00 .00 .00 11. 57 .00 SUpp 04 7.77 .00 .00 .00 .00 .00 .00 .00 SUPP 05 62.88 .00 .00 .00 .00 .00 .00 .00 SUPP 06 403.61 .00 .00 .00 .00 .00 .00 .00 SUPP 07 5928.48 .00 .00 39.00- .01 .00 901.14 3225.65- SUPP TOTALS 6402.74 .00 .00 39.00- .01 .00 901.14 3225.65- TOTALS 35148.93 326.63 727.05 106938.09- 146266.62- t12oo7 (LJ~ > <3~ 13 > J.I (PIJ I RP()j' (5"h.O!5 > P- 1&3.93 I< J~ 1:2&.39 dtffJP~ dUjJI 5; if! ~f /.f ;2.1p :;:J::::Nr3 (/~. > :::eN/if .( 9'·'15 > .:rJJrS (#-l > ..::riJrlP a7 ..:I!JT 1J I RJN SO. <: !-f-/p; /.fI3. DI > PREPARED 9/30/08, 18:02:03 TAX ADJUSTMENT LISTING PAGE 112 PROGRAM TX420L 9/01/08 - 9/30/08 City of Laredo BY TRANSACTION DATE PAYMENT RECAP TOTALS BY ENTITY/YEAR ------ENTITY/YR BASE TAX PENALTY INTEREST COLL FEE DISCOUNT UNAPPLIED TOTAL ------UNASSIGNED .00 .00 .00 .00 .00 2181.15 2181.15 TRANSFERS FROM UNASSIGNED .00 .00 .00 .00 .00 2436.24- 2436.24- TRANSFERS TO **** TOTALS .00 .00 .00 .00 .00 255.09- 255.09- INT 07 .00 .00 .00 .00 .00 .01 .01 CREDIT REFUND INT 08 .00 .00 .00 .00 .00 16.44 16.44 TRANSFERS FROM INT TOTALS .00 .00 .00 .00 .00 16.45 16.45 INT2 02 27.04- .00 .00 .00 .00 .00 27.04- TRANSFERS TO INT2 TOTALS 27.04- .00 .00 .00 .00 .00 27.04- INT3 03 22.02- .00 .00 .00 .00 .00 22.02- TRANSFERS TO INT3 TOTALS 22.02- .00 .00 .00 .00 .00 22.02- INT4 04 16.39- .00 .00 .00 .00 .00 16.39- TRANSFERS TO INT4 TOTALS 16.39- .00 .00 .00 .00 .00 16.39- INT5 05 10.01- .00 .00 .00 .00 .00 10.01- TRANSFERS TO INT5 TOTALS 10.01- .00 .00 .00 .00 .00 10.01- INT6 06 1. 67 .00 .00 .00 .00 .00 1. 67 TRANSFERS FROM INT6 06 5.50- .00 .00 .00 .00 .00 5.50- TRANSFERS TO INT6 TOTALS 3.83- .00 .00 .00 .00 .00 3.83- INT7 TOTALS .00 .00 .00 .00 .00 .00 .00 LARE 99 21. 71- 2.61- 14.76- 5.86- .00 .00 44.94- TRANSFERS TO LARE 00 34.67- 4.16- 19.41- 8.73- .00 .00 66.97- TRANSFERS TO LARE 01 .00 .00 .00 .00 .00 1. 00 1. 00 CREDIT REFUND LARE 02 .00 .00 .00 .00 .00 .01 .01 CREDIT REFUND LARE 02 .00 .00 .00 .00 .00 8.21 8.21 TRANSFERS FROM LARE 03 32.59 .00 .00 .00 .00 32.59 65.18 TRANSFERS FROM LARE 03 .00 30 fU5'JI't .00 .00 .00 .00 32.59- 32.59- TRANSFERS TO LARE 04 .00 I" • .00 .00 .00 .00 209.83 209.83 CREDIT REFUND LARE 04 113.45 9.73 6.49 14.60 .00 113.45 257.72 TRANSFERS FROM LARE 04 .00 .00 .00 .00 .00 113.45- 113.45- TRANSFERS TO LARE 05 .00 .00 .00 .00 .00 153.81 153.81 CREDIT REFUND LARE 05 11275.61 .00 .00 .00 .00 8714.15 19989.76 TRANSFERS FROM LARE 05 .00 .00 .00 .00 .00 11275.61- 11275.61- TRANSFERS TO LARE 06 .00 .00 .00 .00 .00 573.67 573.67 CREDIT REFUND LARE 06 19440.21 .00 .00 .00 .00 17649.17 37089.38 TRANSFERS FROM LARE 06 .00 .00 .00 .00 .00 19440.21- 19440.21- TRANSFERS TO LARE 07 .00 22.83 8.04 .00 .00 295.76 326.63 PAYMENT REFUND LARE 07 532.99 63.96 35.27 94.83 .00 .00 727.05 PAYMENT VOID LARE 07 .00 .3~ ",~.g~ 00 .00 .00 .00 2099.23 2099.23 CREDIT REFUND LARE 07 39441.11 3 5.89. 157.96 429.21 .00 42483.25 82827.42 TRANSFERS FROM LARE 07 2311.24- 268.70- 146.09- 367.98- .00 34703.92- 37797.93- TRANSFERS TO "'-~""TII:RE 08 1.12 .00 .00 .00 .00 1981. 64 2012.76 TRANSFERS FROM LARE 08 71031.02- .00 .00 .00 .00 .00 71031.02- TRANSFERS TO LARE TOTALS 2531.56- 136.94 27.50 156.07 .00 8749.99 6538.94 OMIT 02 45.08- .00 .00 .00 .00 .00 45.08- TRANSFERS TO PREPARED 9/30/08, 18:02:03 TAX ADJUSTMENT LISTING PAGE 113 PROGRAM TX420L 9/01/08 - 9/30/08 City of Laredo BY TRANSACTION DATE PAYMENT RECAP TOTALS BY ENTITY/YEAR ENTITY/YR BASE TAX PENALTY INTEREST COLL FEE DISCOUNT UNAPPLIED TOTAL OMIT 03 45.89- .00 .00 .00 .00 .00 45.89 TRANSFERS TO OMIT 04 45.55- .00 .00 .00 .00 .00 45.55 TRANSFERS TO OMIT 05 .00 .00 .00 .00 .00 .09 .09 CREDIT REFUND OMIT 05 41. 72- .00 .00 .00 .00 .00 41.72 TRANSFERS TO OMIT 06 .00 .00 .00 .00 .00 15.98 15.98 CREDIT REFUND OMIT 06 405.70 .00 .00 .00 .00 19.02 424.72 TRANSFERS FROM OMIT 06 45.90- .00 .00 .00 .00 405.70- 451. 60 TRANSFERS TO OMIT 07 .00 .00 .00 .00 .00 .76 .76 CREDIT REFUND OMIT 07 48.28 .00 .00 .00 .00 193.47 241.75 TRANSFERS FROM OMIT 07 42.93- .00 .00 .00 .00 48.28- 91. 21 TRANSFERS TO OMIT TOTALS 186.91 .00 .00 .00 .00 224.66- 37.75- RP05 05 .00 .00 .00 .00 .00 .32 .32 CREDIT REFUND RP05 05 38.25 .00 .00 .00 .00 .00 38.25 TRANSFERS FROM RP05 TOTALS 38.25 .00 .00 .00 .00 .32 38.57 RP06 06 .00 .00 .00 .00 .00 7.79 7.79 CREDIT REFUND RP06 06 40.57 .00 .00 .00 .00 .00 40.57 TRANSFERS FROM RP06 TOTALS 40.57 .00 .00 .00 .00 7.79 48.36 RP07 07 .00 .00 .00 .00 .00 5.36 5.36 CREDIT REFUND RP07 07 40.21 2.81 .80 .00 .00 115.11 158.93 TRANSFERS FROM RP07 TOTALS 40.21 2.81 .80 .00 .00 120.47 164.29 RP08 TOTALS .00 .00 .00 .00 .00 .00 .00 RTN 07 .00 .00 .00 .00 .00 11.57 11.57 TRANSFERS FROM RTN TOTALS .00 .00 .00 .00 .00 11.57 11. 57 SUPP 07 .00 .00 .00 .00 .00 .01 .01 CREDIT REFUND SUPP 07 406.74 .00 .00 .00 .00 494.40 901.14 TRANSFERS FROM SUPP 07 2673.49- 5.01- .83- 12.92- .00 533.40- 3225.65- TRANSFERS TO SUPP TOTALS 2266.75- 5.01- .83- 12.92- .00 38.99- 2324.50- TOTALS 4571.66- 134.74 27.47 143.15 .00 8387.85 4121.55 J-OfJ7 "3 'Z Gb~. $/P rPRiolD 3{)/ 80S': Iff ~AAir 1;6. CIt te p()5" 88.:25 «PO /P /fI) ,5"1 t2.Po .'J-I :5uff (" /../;;u.,t. '15 > ;:r:;vr~ TOTALS 4571.66- 134.74 27.47 143.15 .00 8387.85 4121.55 PREPARED 9/30/08, 17:16:42 TAX PERIOD-TO-DATE RECAP PAGE 71 PROGRAM TX450L 9/01/08 - 9/30/08 UPDATED THRU 9/30/08 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 59,559,763.84 .00 20,402.01 42,366.74 21,964.73 59,537,799.11 BASE TAX PAID 57,584,006.84 305,422.65 29.21 35,470.88 35,441.67 57,853,987.82 BASE PAID FROM DEFERRED .00 .00 .00 .00 .00 .00 +/ - ADJUSTMENTS TO UNPAID TAX .00 .00 .00 .00 .00 OUTSTANDING BASE TAX 1,975,757.00 1,683,811.29 CHARGES LEVIED CHARGES PAID +/- ADJUSTMENTS TO UNPAID CHARGES OUTSTANDING CHARGES OTHER PAID: PENALTY 593,926.04 36,373.32 1. 82- 129.96- 131.78- 630,167.58 INTEREST 219,468.38 23,155.96 1. 30- 53.85- 55.15- 242,569.19 COLLECTION FEE 245,936.65 54,419.63 3.01- 140.13- 143.14- 300,213.14 DISCOUNT .00 .00 .00 .00 .00 .00 UNAPPLIED 12,226.99 6,073.79 4,464.17- 5,949.16- 10,413.33- 7,887.45 DEFERRED .00 .00 .00 .00 .00 .00 TOTAL PAID 58,655,564.90 425,445.35 4,441.09- 41,743.98- 46,185.07- 59,034,825.18 PREPARED 9/30/08, 17:16:42 TAX PERIOD-TO-DATE RECAP PAGE 72 PROGRAM TX450L 9/01/08 - 9/30/08 UPDATED THRU 9/30/08 GEO-BASED City of Laredo TAX YEAR 2008 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 .00 .00 200.15 .00 200.15 200.15 BASE TAX PAID .00 14,773.56 5,881.60 65,118.30 70,999.90 85,773.46 BASE PAID FROM DEFERRED .00 .00 .00 .00 .00 .00 +/- ADJUSTMENTS TO UNPAID TAX .00 .00 .00 .00 .00 OUTSTANDING BASE TAX .00 85,573.31- CHARGES LEVIED CHARGES PAID +/- ADJUSTMENTS TO UNPAID CHARGES OUTSTANDING CHARGES OTHER PAID: PENALTY .00 .00 .00 .00 .00 .00 INTEREST .00 .00 .00 .00 .00 .00 COLLECTION FEE .00 .00 .00 .00 .00 .00 DISCOUNT .00 .00 .00 .00 .00 .00 UNAPPLIED 447.77 1,769.32 1,555.39- 442.69- 1,998.08- 219.01 DEFERRED .00 .00 .00 .00 .00 .00 TOTAL PAID 447.77 16,542.88 4,326.21 64,675.61 69,001. 82 85,992.47 PREPARED 9/30/08, 17:16:42 TAX PERIOD-TO-DATE RECAP PAGE 73 PROGRAM TX450L 9/01/08 - 9/30/08 UPDATED THRU 9/30/08 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 547,549,464.42 .00 31,468.99 77,681.85 46,212.86 547,503,251.56 BASE TAX PAID 542,431,417.80 380,248.47 6,215.91 1,644.25 4,571.66 542,816,237.93 BASE PAID FROM DEFERRED .00 .00 .00 .00 .00 .00 +/- ADJUSTMENTS TO UNPAID TAX 2,734.03 .00 .00 .00 2,734.03 OUTSTANDING BASE TAX 5,115,312.59 4,684,279.60 CHARGES LEVIED CHARGES PAID +/ - ADJUSTMENTS TO UNPAID CHARGES OUTSTANDING CHARGES OTHER PAID: PENALTY 15,543,018.21 42,369.88 1.82- 132.92- 134.74- 15,585,253.35 INTEREST 2,793,996.71 45,230.12 1. 30- 26.17- 27.47- 2,839,199.36 COLLECTION FEE 6,632,274.69 66,066.01 3.01- 140.14- 143.15- 6,698,197.55 DISCOUNT .00 .00 .00 .00 .00 .00 UNAPPLIED 10,968.69- 8,784.91 6,213.04- 2,174.81- 8,387.85- 10,571.63- DEFERRED .00 .00 .00 .00 .00 .00 TOTAL PAID 567,389,738.72 542,699.39 3.26- 4,118.29- 4,121.55- 567,928,316.56 COUNCil COMMUNICATION DATE: SUBJECT: MOTIONS 10/20108 Consideration to authorize a contract with Kustom Signals, Lenexa, KS, c\o RZ Communications, for the purchase of thirty two police radars in the total amount of $55,082.56. These radar units will be purchased through the Houston Galveston Area Council of Governments (H-GAC) cooperative purchasing program contract number EF04-07. Funding is available in the 2008 e.O. Bond Proceeds and Capital Improvement Fund reserves. INITIATED BY: STAFF SOURCE: Cynthia Collazo, Deputy City Manager Carlos R. Maldonado, ChiefofPolice Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: None BACKGROUND: The Police Department has been authorized to purchase thirty two police radars for the police sedans. Delivery is expected within thirty to ninety days after receipt oforder. Kustom Signals Qty. Unit Price Total Cost Golden Eagle II Series Radars 32 $ 1,708.33 $ 54,682.56 H-GAC fee $ 400.00 $ 55, 082.56 FINANCIAL IMPACT: This radar equipment will be purchased from 2008 C.O. Bond proceeds and capital fund reserves. I Account Number: 463-9810-535-9004 I $17,530.49 I I Account Number 402-4310-535-9004 I $37,552.07 I COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be approved. COUNCIL CO~IMUNICATION DATE: SUBJECT: lVIOTIONS 10/20108 Consideration to award contract number FY08-124 to the low bidder, Nationwide Demolition, LLC, Forth ·Worth, Texas in the amount of $59,297.50 for demolition of (13) substandard structures. Funding is available in the Building's General Fund budget. INITIATED BY: STAFF SOURCE: Horacio De Leon Erasmo Villarreal, Building Department Director Assistant City Manager Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City received six bids for awarding a contract for demolition of (13) substandard structures. A bid price scheduled is attached for your review. Bid Summary Estimated Total Nationwide Demolition, $59,297.50 LLC. Zertuche Construction $66,854.75 H & H Demolition $72,494.00 III PG Enterprises, Inc. $74,300.00 A&R Demolition $91,395.00 PCI Services $104,174.00 FINANCIAL IMPACT: Funding is available in the Building Dev. Services Costs budget. Account Number: 101-1510-513-5520 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: A contact be awarded to the low bidder. COUNCIL COMMUNICATION DATE: SIJBJECT: lVI0TIONS 10/20/08 Consideration to renew contract FY07-124 currently awarded to Rafter P. Transport, New Braunfels, Texas, in the estimated amount of $231,250.00 for providing hauling and disposal services of wastewater bio-solids for the Utilities Department. Funding I is available in the department's budget. I INITIATED BY: STAFF SOURCE: IJesus Olivares, Assistant City Manager Tomas Rodriquez, P.E., Utilities Department Director Francisco Meza, Purchasing Agent I PREVIOUS COUNCIL ACTION: The City Council approved contract FY07-124 on 03/11/08 in the amount of $231,250.00. BACKGROUND: The City Council authorized a contract for providing hauling and disposal services of wastewater bio-solids from the Southside Wastewater Treatment Plant. This service currently supplement's equipment capabilities and helps control wastewater bio-solids overflow during the rainy season. The term of this contract was for a one year period with an option to extend for an additional two year periods. The current term was to expire on 03/11/09 but due to an increase in usage, this contract will fund out before the end of the contract term requiring an early renewal. Rafter P Transport has agreed to and signed the contract renewal notice to extend the term of this contract for one additional year. Contract Pricing Cost per 27 cubic yd load $ 1,160.00 Fuel surcharge per load $ 65.00 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. Sewer Fund- Wastewater Treatment-Waste Hauling Account Number: 559-4210-533-3920 CONINIITTEE RECONINIENDATION: STAFF RECOlVIMENDATION: It is recommended that this contract amendment be approved. COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 10/20108 Consideration to renew contract FY08-064 currently awarded to Screen Crushed Concrete, Laredo, Texas, in the estimated amount of$359,000.00 for the purchase of flexible base crushed concrete. All materials are purchased on an as needed basis utilizing the Public Works Department, Utilities Department, and construction project budgets. INITIATED BY: STAFF SOURCE: Jesus Olivares Assistant City Manager Tomas Rodriquez, P.E., Utilities Department Director Rogelio Rivera, P.E., City Engineer Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: The City Council approved contract FY08-064 on 06116108 in the amount of$281,000.00. BACKGROUND: The City Council authorized a contract for the purchase of materials used in street paving, street reconstruction, and general repairs for all City departments. Bid pricing is for job site delivery and pick up by City Trucks of crushed concrete. The term of this contract was for a one year period with an option to extend for an additional one year period. The current term was to expire on 06116109 but due to an increase in usage, this contract will fund out before the end of the contract term requiring an early renewal. Screened Crushed Concrete has agreed to and signed the contract renewal notice to extend the term of this contract for one additional year. Staff is requesting that the contract quantities be increased by 4,000 cubic yards to allow for additional materials. Original Contract Award $281,000.00 25% increase $ 78,000.00 Revised Contract Total $359,000.00 Quantity Cubic Yards Unit Price Flexible Base Crushed Concrete F.O.B Plant 10,000 $ 19.50 $ 195,000.00 Increase in Cubic Yards as per Spec. 5.12 4,000 $ 19.50 $ 78,000.00 Flexible Base Crushed Concrete F.O.B Job Site 4,000 $ 21.20 $ 84,800.00 Total $ 359,000.00 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. These materials are used by city departments required for all city paving, repair, and construction projects. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract amendment be approved. COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 10/20108 Consideration to award of supply contract number FY09-001 to Leyendecker Materials, Laredo, Texas, in the estimated amount of $195,000.00, for the purchase of MS1, MS2, and MC-30 emulsified asphalt oils used for street paving projects. The term of this contract is for a one year period and is subject to availability of funds. All materials are purchased on an as needed basis utilizing the construction project budgets. INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Rogelio Rivera, P.E., City Engineer Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: BACKGROUND: Bids were accepted for awarding an annual contract for the purchase of emulsified asphalt materials used in street paving, street reconstruction, and general repair projects for all City departments. These materials consist of oils and emulsions. Bid pricing is requested on F.O.B. job site delivery of materials and F.O.B. picked up by City trucks. Staff has reviewed the bid and is recommending that a contract be awarded to Leyendecker Materials, Laredo, Texas. Leyendecker Materials Laredo, Texas Est. Gallons Unit Cost Extended Total MS-1 or MS-2 (Emulsified Asphalt) F.O.B Plant Site, Picked up by City Vehicles 15,000 $ 4.00 per gal. $ 60,000.00 MS-1 or MS-2 (Emulsified Asphalt) F.O.B Site Delivered 15,000 No Bid MC-30 (Emulsified Asphalt) F.O.B, Plant Site, Picked up by City Vehicles 15,000 $ 4.50 per gal. $ 135,000.00 MS-1 or MS-2 (Emulsified Asphalt) F.O.B Site Delivered 15,000 No Bid Total $ 195,000.00 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. These materials are used by city departments required for all city paving, repair, and construction projects. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That this contract be approved. .. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration for approval of Amendment No 1 to Seca Engineering, L.L.c., Laredo, Texas, for an 10/20/08 amount not to exceed $170,700.00 for the design and preparation of plans and specifications for the Markley/Santa Maria drainage, Phase-3 (Along San Bernardo and Chicago Street). Total contract amount including this amendment is $282,200.00. Funding is available in the 2007 CO. INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, P.E., City Engineer City Manager Riazul Mia, P.E., Director, Environmental Services PREVIOUS COUNCIL ACTION: On October 1,2007, the original contract was awarded to Seca Engineering in the amount of $111,500.00. BACKGROUND: Phase-l & phase-2 of this project was completed in August 2008. Part of the recommendations of phase-2 was to construct a new storm sewer system along Chicago street from Santa Maria to San Bernardo. This amendment 1 is for the design of the Chicago street drainage system from Santa Maria to San Bernardo street. j>HASE 1: Prt~fe!!i:'J'iOlUlI Engineering and Surveying Services to design ami prepare plans ami .\peei/kations for the iUarkleyl.5anta jUaria Drainage Improvement.,. Pn~iect to alleviate locaiizedflooding probleflls. PHASE ll: Profes.'!donal Engineering and Surveying Services to analyze the capacity ami evaluate the coudition l~l the following existing dminage 5,ystems: j'\;/arkley Ln.lSanta l"1ilria .4 ve. Storm Sewer .S)stem ami the FariasSt.I..\'an Agustin Ave.lOrtiz St. Storm Sewer System, and evaluate and present alternatives {uul recommendations to upgrade and/or improve their peJlorl1umce under difJerent rain events with respective Engineer's opinion (~fprobable cost. AlE fee is as follows: Preliminary geotechnical investigation $ 6,000.00 Professional civil engineering services $ 164,700.00 Total Phase-3 NE Fee $ 170,700.00 Contract time is 120 days. FINANCIAL IMPACT: Funding is available in the 2007 CO Account No. 249-3891-545-9534 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A. Approval ofMotion. October 3, 2008 Me Riazul Mia, PE, Director City ofLaredo _. Environmental Services Department 619 Reynolds St. Laredo, Texas 78040 Telephone #: (956) 794-1650 RE: Pmposal to Provitle Professional Engineering amI Surve,.ving Services to design amI prepare plans am! specijicatif)tlS for proposed Drainage lrnpmvernents along Cl;Jcago Street anti San Bernanlf) A Ye. ami related infrastructure improvements as part of the iUarkley Ln.l..4.Ianta l\tltJria Ave. Drainage lmprovements PHASE II Dear Riazul: We are pleased to ofter this proposal to provide to provide Professional Engineering and Surveying Services tf) design amlprepare plans aml speciji/:ations for the Chicf/go ...4.It.l.{Jan BernardI} Ave. Dnlimlge and related infrastrtu.:ture improvements to accommodate same. \Ve are proposing to accomplish this work in accordance with the requirements ofthe City of Laredo Professional Services Agreement. A scope of services for this work is attached and will be performed for the lump sum amQunts shown below with a requested breakdown as follows. Professional Engineering and Surveying Services fOl' Drainage Improvements $164,700.00 Civil Engineering and Surveying - Topographic Survey, Drainage Analysis and Storm Sewer System Design, Street Improvements, Storm Water Pollution Prevention Plan, Tranic Management, Utility Coordination, Coordination with City of Laredo, and Constmction Surveying. Subsurface Exploration - Allowance $ 6,000.00 NOTE: Any application, public administrative, etc. fees are m)t included in this proposal ami shall remain the responsibilit.v afthe client. We will proceed with this work upon authorization from the City after a Professional Services Agreement is signed. Please call ifyou have any questions regarding this proposaL Sincerely, C Hugo Se a, PE, RPLS President 1701 .lacarnan Rd .. Suite 11 • Laredo, TX 78041 • Ph. (956) 753-3014 • Fax (956) 753-3017 hseca@Jseca-enQ'ineerinQ,COnl ' \V\V\v.sct:a-pnp'inpf\t'jno ('fHl) PART 3 COMPENSATION FOR BASIC SERVICES * ], Professional Engineering amlSurveying Services Fee $164,701), I)() The Pr<~"essional Engineering and Surveying Services Fee for Drainage and related Improvements of $164,71JfJ.()() to be di!'>'bursed per percentages shown below anti the:..e percentages can be partial(v invoiced as tasks within the Phases are completed or partial(v completed. A. Phase 1 .15% affee .. Prelimifttlry Alignment .. Preliminary Drainage Analysis <10 Subsl/rfu('e Expllmltion C{)()F{lifttltion '" Preliminary Platu; lwd J<.t.gineer's Preliminary Opinion i?lProbuble Cm;! .. Vtilif;F Coordintttion Process -Initial Phase .. iWeetings, as necessary, with »- Planning J)ept" Water lJtilities Dept" Engineering J)ept., Environmentul Sen,ices Dept., Traffic Dept., Fire Dept., and Legal Dept. '" Meetings, as neceswlry, with »- AEp, ..4T&~ Time Jt'amer Cable, Center Puint, Other utility companies B. Phase II 5IJ% offee .. Final Draimlge Aml~vsis llful Design afStorm Water Sp,1em .. Evaluation ofGeotechnical Report .. Final Civilplttns and specijiclltionjl}r Drainage Improvements to include -, Paving Plan ltnd Profiles -, Storm Sewer Plan amiPrlljile p Storm Water Pollution Prevention Plan »- TrLij]ic J'l-/anagement Plan »- Vtility Services Lay OutPlan ':Y Utility Ad}llstmentsPlan • Fi1Jlll presentation to lItilit)! Coordination CiJmmittee .. BUdinglJocumentsfiJI' Drainage Improvements .. Bidding Process/Contnldl)r EvalllatilmlRecommendationfor Drainage Improvements .. Assist City ofLaredo Attarne,.i' in preparation {?l Construdion Contract C. Phaselll 15% offee .. Construction Surveying .. Weekly Visits to the proJect site to assess p1'i)greSt. or meetings with CiJ1ltractlJrfor planslspec{lications clarijication, Pre~Final and Final Inspection • Assist in preparing required doclImentlttion for ProjectAcceptlwce 1II Prepare"Plim l?l Re('ord" hard and digitalfm'mat NOTE: Utility Coordination and Adjustments win occurred during design and construction. CONSIDERATION FOR APPROVAL OF CHANGE ORDER No.1, FOR THE DESIGN AND PREPARATION OF PLANS AND SPECFICATIONS FOR THE MARKLEY/SANTA MARIA DRAINAGE PHASE-3 (ALONG SAN BERNARDO AND CHICAGO) City Council Meeting CITY OF LAREDO AGENDA ITEM October 20, 2008 ENGINEERING DEPARTMENT 1110 iOJSI(Jj 51 PO. lrll 519 PH. 791-1J~ fAX 210 191-)~ COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration for approval ofamendment no. 1 an increase of$95,250.00 for additional 10/20/08 architectural and engineering services for the additional inspection station expansion lanes at the secondary inspection area and at the exit area as recommended by the General Services Administration and U.S. Customs and BorderProtection to the professional services contract with FQR Architects, Inc., Laredo, Texas, for the World Trade Bridge Toll Inspection Facility Expansion Project. Funding is available in the Bridge System Fund - Capital Grants - GSA Toll Booths. INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, P.E., City Engineer City Manager Mario Maldonado, Bridge Manager PREVIOUS COUNCIL ACTION: On October 15,2007, City Council approved to award a professional services contract to FQR Architects, Inc., Laredo, Texas, in association with HMG and Associates, San Antonio, Texas, Synergy Structural Engineering, Inc., Laredo, Texas, Sherfey Engineering Company, Laredo, Texas, and Terracon Consultants, Laredo, Texas, for an amount not to exceed $510,000.00 for the design and preparation ofplans and specifications for the World Trade Bridge Toll Inspection Facility Expansion. BACKGROUND: The original scope ofservices included the expansion ofGSA facilities with additional booths and lanes on the south side and on the north side, canopy, islands, related utilities including water and sanitary sewer lines, lighting and data communications preparations. This amendment no. 1 is for 2 additional inspection station expansion lanes atthe secondary inspection area and at the exit area as recommended by the General Services Administration and U.S. Customs and Border Protection. Breakdown is as follows: FQR - ArchitecturaL $ 9,500.00 HMG, Inc., - Mechanical, Structural, ElectricaL $45,950.00 Sherfey Engineering Company - Civil Design $33,300.00 Additional Printing $ 6,500.00 Total Fee $95,250.00 Original engineering contract amount $510,000.00 (Approved by City Council on October 15,2007) This amendment no. 1 $ 95,250.00 Current engineering contract amount $605,250.00 FINANCIAL IMPACT: Funding is available in the Bridge System Fund - Capital Grants - GSA Toll Booths. Account No. 458-262-525-4277 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A. Approval ofMotion. • • ,I I I I I I I ... - I I I I I I I ...-~ .... _ ...... - ..... :1 , \ \\ '\ flIP \\'_1-" \ ' \~, \ \ ~ ,\,\ ", ...... "" ...... " "' ...... " ...... " \ ",\ \ \ \ }, Ii /( ,I", I , , , " I CONSIDERATION FOR APPROVAL OF AMENDMENT No.1, FOR THE WORLD TRADE BRIDGE TOLL INSPECTION FACILITY EXPANSION City Council Meeting CITY OF LAREDO AGENDA ITEM October 20, 2008 ENGINEERING DEPARTMENT 1110 'O.5!(JI sr PO. b 519 Plf. 191-1]46 rAi 10 191-1496 COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration for approval ofchange order no. 1 an increase of$33,707.60 to 10/20/08 accommodate the use ofpre-cast boxes in lieu ofcast-in-place to expedite the construction process and to add ten (l0) working days to the construction contract with Closner Construction Company, Laredo, Texas, for the Flecha Lane Drainage Improvements. Current construction contract amount is $473,585.10. Funding is available in the Environmental Services - 2007 CO. INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, P.E., City Engineer City Manager Riazul 1. Mia, Environmental Director PREVIOUS COUNCIL ACTION: On December 17, 2007, City Council approved to award a construction contract to the lowest bidder Closner Construction Company, Laredo, Texas, in the amount of$439,877.50 for the Flecha Lane Drainage Improvements. BACKGROUND: The original project consists ofthe replacement ofthe existing drainage culvert with the construction of6 concrete drainage boxes to improve storm water flows. The project will also include channel improvements, road way improvements, utility adjustments, storm water pollution measures, and a phased traffic control plan. Plans and specifications were prepared by Puig Engineering Company, Laredo, Texas. This change order no. 1 is to accommodate the use ofpre-cast boxes in lieu ofcast-in-place to expedite the construction process and to add ten (l0) working days to the construction contract time due to rain delays. Original construction contract amount. $439,877.50 (Approved by City Council on December 17,2007) This change order no. 1 $ 33,707.60 CUlTent construction contract amount $473,585.10 FINANCIAL IMPACT: Funding is available in the Environmental Services - 2007 CO. Account No. 249-3891-545-9544 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A. Approval ofMotion. ~ .... "' \ ",\,' \ r ' \ " " I I / " ) I / CONSIDERATION FOR APPROVAL OF CHANGE ORDER No.1, FOR THE FLECHA LANE DRAINAGE IMPROVEMENTS City Council Meeting CITY OF LAREDO AGENDA ITEM October 20, 2008 ENGINEERING DEPARTMENT 1il0!OJSlOll Sf po, In Sit PH. 191-7346 FAX '210 791-U96 COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration for approval to award a professional services contract to Porras Nance 10/20/08 Engineering, Laredo, Texas, for an amount not to exceed $110,000.00 for the design and preparation ofplans and specifications for the India Avenue Drainage Project. Design work is to be done on a fast track basis. Funding is available in the 2007 CO. INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, P.E., City Engineer City Manager Riazul I. Mia, Environmental Director PREVIOUS COUNCIL ACTION: None. BACKGROUND: Three (3) firms responded to the request for qualifications on Friday, August 29,2008, as follows: 1. Puig Engineering, Laredo, Texas, a Division ofCivil Engineering Consultants, San Antonio, Texas 2. TEC Engineers & Consultants, Inc., Laredo, Texas 3. Porras Nance Engineering, Laredo, Texas Scope ofservices include, but are not limited to: Drainage improvements along India Ave. (generally from Kearney to Clark) 6 blocks, consists ofRCP system to handle Stormwater flows and serves as an interceptor to the Ejido Drainage Project located approximately 650 ft. east ofthis location. The project involves installing a reinforced concrete pipe (RCP) drainage system with related inlets and junction boxes along India Avenue from the existing concrete channel south ofO'Kane Street to Lyon Street. India Avenue will be reconstructed to intercept and convey surface drainage in a southerly director. The street and drainage system will be designed to convey the 10 year recurrent storm event. The existing water and sewer system within the roadway construction limits will be replaced as part ofthe project, but associated engineering fees will be submitted separately to Utilities Department. Included is an option for geotechnical engineering services that includes collecting 4 to 5 bores along India and a report with pavement design recommendations. Fee breakdown is as follows: Survey, Engineering, and Construction Administration - Roadway and Drainage $106,000.00 Geotechnical Services $ 4,000.00 Total A/E Fee $110,000.00 Design work is to be done on a fast track basis. FINANCIAL IMPACT: Funding is available in the 2007 CO. Account No. 249-3891-545-9543 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A. Approval ofMotion. \ TJ ~\ IS r---- F"'-.~_ ~~. U J45S1~--...I - \ II I ~ -- M()N1 Gcu,E R't .. LOCUST [ , ~ G JS~·AVJS ~ ~ .~ F·1'. .. -~T- UNE - MI ~R CONSIDERATION FOR APPROVAL TO AWARD A PROFESSIONAL SERVICES CONTRACT t FOR THE DESIGN AND PREPARATION OF PLAN AND SPECIFICATIONS FOR THE INDIA AVE. DRAINAGE PROJECT City Council Meeting CITY OF LAREDO AGENDA ITEM October 20, 2008 ENGINEERING DEPARTMENT 1110 IOlSltw Sf PO. D 519 Pli. 791-7346 rq 210 1'91-7~ COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Approval ofa contract with Crane Engineering, Corporation, Laredo, Texas in the 10/20/08 amount of$ 96,519 to serve as project engineer for the construction phase services of the Texas Water Development Board EDAP Colonias Pueblo Nuevo - Wastewater Collection and Water Distribution Improvements Project. This project requires that they provide "Bid Letting Services", "As-Built" field surveys and to provide coordinates on "As-Built" plans. This is subject to the approval ofthe TWDB. Funding is available in the Colonias Project Fund. INITIATED BY: STAFF SOURCE: Jesus Olivares Asst. City Manager Tomas M. Rodriguez Jr., P.E. Utilities Director PREVIOUS COUNCIL ACTION: BACKGROUND This project was previously awarded to Foster Engineering Co. This company has since seized doing business and the City is required by the TWDB, that a new engineer be selected to finalize the project. Crane Engineering will use the sealed plans and specifications prepared and submitted by Foster Engineering. There is no duplication ofengineering services. FINANCIAL IMPACT: Funding is available in the Colonias Construction Fees (Acct. #451-8310-533-5512) COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: To Approve Motion N/A COUNCIL COMMUNICATION DATE: SUBJECT: Motion 10/20108 Consideration to award a contract for concession services at the Benavides Softball Complex and all municipal swimming pools to Mrs. Estela Zapata, DBA Zapata Restaurant for a period of one year with a option to renew for two additional one year terms. This vendor was the sole bidder and is recommended based on the price structure provided during the bid process. The agreement is expected to provide a monthly rental income of $500.00 at the Benavides Softball Complex and all municipal swimming pools. INITIATED BY: STAFF SOURCE: Jesus Olivarez Miguel A. Pescador Assistant City Manager Parks and Leisure Services Director PREVIOUS COUNCIL ACTION: None BACKGROUND: The Parks and Leisure Services Department has the facilities to provide concession services to all swimming pool users and softball league participants but has been lacking the proper concessionaire to offer this service. The active months for the Benavides Softball Complex concession area are during the Fall and Spring softball seasons, which run from September to January and from March to June respectively. The active months for the swimming pool concessions are June through August. Mrs. Zapata was selected through the city's competitive bid process on May 2, 2008 and has been interviewed by Parks management. All contract requirements have been discussed and are understood by the vendor. FINANCIAL IMPACT: Revenue created through this agreement will be reflected in account no. 101-0000-361-3007. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA Recommends approval CONCESSION AGREEMENT FOR CITY OF LAREDO BENAVIDES SOFTBALL COMPLEX AND SWIMMING POOL FACILITIES THIS AGREEMENT is made and entered into by and between the City of Laredo, a municipal Corporation of the State of Texas, (herein referred to as the CITY), and Estela Zapata d.h.a. Zapata's Restaurant (herein referred to as CONCESSIONAIRE) for the operation of food and beverage concessions at Benavides Softball Complex and all municipal pools. WITNESS: Whereas, the CITY desires to have provided quality food and beverage (non-alcoholic), and designated miscellaneous items service through concession operations in the facilities described in the following Article 1 owned by the City ofLaredo, and Whereas, the CONCESSIONAIRE is willing and able to provide such food, beverage (nonOalcoholic) and designated miscellaneous items service in said facility, Now, therefore, in consideration of the mutual covenants and agreements set forth, to be kept and performed by the parties, it is agreed between the CITY and the CONCESSIONAIRE as follows: ARTICLE 1. TERMS AND CONCESSION PREMISES: The CITY grants to the CONCESSIONAIRE the exclusive right and privilege to sell food, drinks, and other designated items, subject to exceptions and conditions hereinafter set forth, for a period of 12 months, commencing upon the date ofcouncil approval and ending on the same date of 2009, unless sooner terminated under the provisions hereof, regardless of the time agreement is executed by the parties. The exclusive right and privilege referred to in this agreement is for the operation ofthe concession premises located at the Benavides Softball Field, 600 S. Bartlett, and all municipal pools in the City of Laredo except the Inner City Aquatic facility, hereinafter referred to "CONCESSION PREMISES". The CITY hereby reserves and accepts from the exclusive right and privilege the right to provide food, drinks and other items to the following special events: 1) District Amateur Softball Association games, 2) Regional Tournaments, 3) State Tournaments, and 4) City Employee Tournaments. The CITY also reserves and excepts from the exclusive right and privilege the right to provide food, drinks and other items in instances where the said Benavides Softball and municipal pools are rented for tournaments or special events and in such cases CONCESSIONAIRE may provide its services on said CONCESSION PREMISES ifrenter requests or agrees to such services. ARTICLE 2. USE OF PREMISES A. The CONCESSIONAIRE shall not use the CONCESSION PREMISES for any purpose or at any time other than herein specifically designated without prior written consent ofthe Director ofParks and Leisure Services of CITY hereinafter referred to as "DIRECTOR". 1 B. The term of this contract will be for a period of one year with an option to renew for two additional one year terms upon mutual consent of the City of Laredo and the CONCESSIONAIRE provided that CONCESSIONAIRE is current with its payment responsibilities with the City ofLaredo. C. The CONCESSIONAIRE shall operate, maintain and conduct its business in a first class and reputable manner during the entire term ofthis Agreement. D. The CONCESSIONAIRE shall open for operation and maintain CONCESSION PREMISES fifteen (15) minutes prior to, during, and 15 minutes after all scheduled league games, playoff games and tournaments, and all scheduled softball and swimming events unless the event is cancelled or postponed. E. The CONCESSIONAIRE shall keep in stock a line ofmerchandise and equipment, fixtures and furnishings ofsuch quality as to produce the maximum amount ofgross sales. F. The CONCESSIONAIRE shall operate and maintain the CONCESSION PREMISES in a clean and sanitary condition, including the area immediately surrounding the CONCESSION PREMISES and may store his/her equipment and supplies at the CONCESSION PREMISES provided that they are all maintained, clean satisfactory to the CITY at all times of operation. The CITY will not be held responsible for any loss or theft stored equipment and supplies. G. The CONCESSIONAIRE shall open the bathrooms adjacent to the Benavides CONCESSION PREMISES and maintain them during all times the CONCESSION PREMISES are open and close the bathrooms (including turning off the lights) when the CONCESSION PREMISES are closed. ARTICLE 3. EQUIPMENT AND UTILITIES A. The CONCESSIONAIRE hereby agrees not to make any alterations or improvements to CONCESSION PREMISES. B. All equipment to be used in the operation of the CONCESSION PREMISES shall be furnished by CONCESSIONAIRE. C. Such equipment shall be ofthe type and quality to be in keeping with the general purpose ofthis agreement. D. The CONCESSIONAIRE shall submit a list of equipment to DIRECTOR when such is placed on CONCESSION PREMISES. E. The CONCESSIONAIRE shall notify CITY when equipment is removed from CONCESSION PREMISES. F. The CITY shall be responsible for providing electrical, gas, (where available) and water utilities necessary to serve CONCESSION PREMISES. 2 G. The CONCESSIONAIRE has the responsibility ofcollecting and dumping his own garbage and trash. ARTICLE 4. PERSONNEL A. The CONCESSIONAIRE shall, at its own expense, provide an adequate staff, trained in food handling and in courteous, efficient, sanitary service to patrons of the CONCESSION PREMISES. Staff shall include only on (1) person of or over the age eighteen (18) who shall conduct operations at all times, when the CONCESSION PREMISES is open or required to be open hereunder. The person operating the concession shall be the owner of the business as per submitted in original bid proposal and shall be clean and free from communicable disease. CONCESSIONAIRE shall complete a criminal background check at his own expense prior to the commencement of the concession operations. Should criminal background check show any convictions within the last 5 years or during the term of this agreement, this Agreement shall terminate immediately. ARTICLE 5. FOOD HANDLING AND SANITATION The CONCESSIONAIRE agrees that food handling and sanitation shall conform to such requirements as may be prescribed by health and safety regulations ofthe laws ofthe State ofTexas and the CITY. ARTICLE 6. ITEMS FOR SALE A. The CONCESSIONAIRE agrees to submit to the DIRECTOR for his review a list of all items and materials intended for sale at the CONCESSION PREMISES and the respective prices prior to operation and maintenance of said CONCESSION PREMISES and agrees to keep said list current. B. The CITY reserves the right to prohibit the sale ofa particular item ifthe price is not reasonable as determined by the DIRECTOR. C. The CONCESSIONAIRE agrees to offer for sale additional materials or items as specified and required by DIRECTOR. D. The CONCESSIONAIRE agrees that he/she shall not sell anything in a glass container or any alcoholic beverages from the CONCESSION PREMISES. E. The DIRECTOR may designate in writing certain material (s) of item (s) prohibited from sale from the CONCESSION PREMISES. CONCESSIONAIRE hereby agrees to remove such designated material (s) or item (s) immediately after written notice from DIRECTOR. ARTICLE 7. QUALITY AND PRICE CONTROL A. The CONCESSIONAIRE shall provide the public with food and beverage service ofthe highest quality commensurate with the trade that is accustomed to using facilities ofthis kind. 3 B. All items offered for sale at CONCESSION PREMISES must be sold at prices which are plainly displayed. ARTICLE 8. PAYMENTS A. The CONCESSIONAIRE agrees to pay CITY a monthly fee of Six Hundred Dollars ($500.00) for the use of CONCESSION PREMISES as authorized under this agreement. B. The payments shall be made to CITY without demand, at the Administrative Office ofthe Parks and Leisure Services Department located at 2201 Piedra China, Laredo, Texas 78042, no later than the tenth day of each month during the term ofthis Agreement, covering the prior month's operations by CONCESSIONAIRE. C. In the event any such amount or such sum owning by CONCESSIONAIRE to CITY remains unpaid after demand for payment thereof, the CONCESSIONAIRE hereby agrees to pay any costs, including attorney's fees in regard to collection ofsuch amounts. ARTICLE 9. INDEMNIFICATION AND AGENCY A. CONCESSIONAIRE hereby agrees to indemnify CITY and fully hold harmless CITY from any and all liability, claim, loss, or damage of any kind or nature whatsoever which may be sustained by reason of any act or omission on the part of the CONCESSIONAIRE, its employees, agents, and/or subcontractors, or by anyone directly or indirectly employed by any ofthem, or by anyone for whose acts or omissions any ofthem may be liable. B. CONCESSIONAIRE hereby agrees that he shall not be considered an employee of CITY under the concept ofthe borrowed servant doctrine or otherwise. C. CONCESSIONAIRE hereby acknowledges that it is an independent contractor and is in no way performing the function of this Agreement under the supervision and control of CITY as an employee, agent or otherwise. ARTICLE 10. INSURANCE A. CONCESSIONAIRE shall maintain Commercial General Liability Insurance Policy written on occurrence form acceptable to the City of Laredo, including bodily injury and property damage, covering the activities hereunder, in an amount not less than five-hundred thousand per occurrence ($500,000) per occurrence and ($500,000) aggregate for bodily injury, including blanket contractual liability, independent contractors, and products and completed operations. B. CONCESSIONAIRE shall include the CITY as additional insured on said insurance policy and must provide an original certificate of insurance to the DIRECTOR and furnish a copy of the certificate to the office of Risk Management prior to operation and maintenance of said CONCESSION PREMISES. C. Occupational Accidental Insurance with a waiver of subrogation in favor of the City of Laredo must be maintained to cover all employees operating under the terms ofthis agreement. 4 D. If concessionaire fail to maintain the insurance coverage specified herein, then City may obtain same Proof of Insurance Required. Such insurance as is specified above shall be with a company licensed and authorized to do business in the State of Texas. The CONCESSIONAIRE shall furnish to City annually for the duration of the contract a certificate or other evidence and proof of maintenance of the above required insurance in which the City shall be named as a Certificate Holder. E. CONCESSIONAIRE shall provide the City with notice ofany change thereof, and furnish to the City evidence of Lessee's acquisition of a substitute therefore, and payment of the premium thereof. Ifthe Lessee and add the cost ofsuch insurance to the next due Lease payment. F. Notice of Cancellation or Non-Renewal- The insurer must provide the City of Laredo with, not less than sixty (60) days notice ofcancellation or non-renewal ofcoverage. ARTICLE 11. TAXES The CONCESSIONAIRE agrees to pay all federal, state and local taxes, license fees, and occupational taxes incident to the exercise ofthe rights hereunder. ARTICLE 12. NON-ASSIGNABILITY This Agreement shall not be assignable by CONCESSIONAIRE in whole or in part, nor can any of the CONCESSION PREMISES be subleased by CONCESSIONAIRE, without the prior written consent of the CITY. Any attempt to assign this Agreement or to sublease any of the CONCESSION PREMISES shall constitute a violation of this Agreement and give CITY the right to terminate same with the CONCESSIONAIRE remaining liable for the basic monthly fee herein established for the entire term. ARTICLE 13. TERMINATION OF AGREEMENT A. This Agreement may be terminated by the CITY on the occurrence ofany ofthe following: 1. Failure of CONCESSIONAIRE to pay an installment by due date. CONCESSIONAIRE expressly waived demand for payment as a condition precedent to exercise by CITY of its option to terminate this Agreement for non-payment of installment, and waives any notice of intention on the part ofCITY to so terminate. CONCESSIONAIRE agrees to be responsible for the basic monthly fee hereunder for the entire term hereof if the Agreement is terminated by CITY under this subsection. 2. Failure of CONCESSIONAIRE to furnish CITY adequate and proper insurance records and accounts of his/her business operations or to furnish CITY with proper itemized monthly statement of gross sales on which each installment is based. CONCESSIONAIRE expressly waives demand for such record by CITY as a condition precedent to the exercise by CITY ofits option to telminate this Agreement under this subsection. 3. In the event of any breach of default on the part of CONCESSIONAIRE in observing any part of the covenant on his/her part herein contained or fairly inferable from anything herein contained, CONCESSIONAIRE shall be entitled to thirty (30) days after written notice to him/her of such default or omission in which to remedy the same, CITY will not be entitled to 5 terminate this Agreement on account of such default unless default or omission remains un remedied after such thirty (30) day period. ARTICLE 14. REMOVAL OF EQUIPMENT At the expiration of the full term of this Agreement, or earlier termination hereof in accordance with the terms hereof, CONCESSIONAIRE shall have ten (10) days thereafter to remove from the CONCESSION PREMISES any equipment, fixtures, furnishing or other personal property belonging to him. CONCESSIONAIRE agrees to provide the DIRECTOR with any and all keys for locks placed by CONCESSIONAIRE, to enable staffto have access to concession stand for the purpose ofmaking any needed repairs and/or construction. Failure of CONCESSIONAIRE to comply with this Section shall entitle CITY to exercise its rights to the property as it is under law, including sale ofsuch property_ ARTICLE 15. FOOD HANDLING AND SANITATION A. The CONCESSIONAIRE shall keep the entire CONCESSION PREMISES free all vermin, rats and roaches and shall, at its own expense, furnish all necessary janitor service to take care ofcleaning up all debris in and around the CONCESSION PREMISES. B. At the expiration of the term of this Agreement, or the expiration of any extension of the term, the CONCESSIONAIRE shall surrender the premises in good condition subject only to reasonable wear and tear. ARTICLE 16. SIGNS AND ADVERTISING MEDIA The CONCESSIONAIRE shall hang no signs, bunting or other advertising or decorative materials, either indoors or outdoors, without prior approval of the DIRECTOR. The CONCESSIONAIRE shall not use any adveliising within the CONCESSION PREMISES that shall be deemed objectionable by the CITY, such as loudspeakers, phonographs or radio broadcasts. ARTICLE 17. INSPECTION The CITY reserves the right to inspect the CONCESSION PREMISES and the CONCESSIONAIRE'S operations on it at nay and all reasonable times throughout the term of this Agreement; provided, however that it shall not interfere unduly with the CONCESSIONAIRE'S operations. The right ofinspection reserved to the CITY hereunder shall impose no obligation upon the CITY to make inspections or to ascertain the condition of the premises and shall impose no liability upon the CITY for failure to make such inspections. ARTICLE 18. SURRENDER OF CONCESSION PREMISES At the expiration or earlier termination of this Agreement, the CONCESSIONAIRE shall promptly surrender possession to the CITY and shall deliver to the DIRECTOR all keys that it may have to any and all parts ofthe CONCESSION PREMISES. 6 ARTICLE 19. NOTICES All notices hereunder may be delivered or mailed. Ifmailed, they shall be sent by registered or certified mail to the respective addresses or to such addresses s the parties may hereafter require in writing. Notices sent by mail shall be deemed to have been given when deposited in the United States Mail with postage prepaid and addressed as above see forth. Address to CITY: Address to CONCESSIONAIRE: Carlos R. Villarreal, City Manager Estela Zapata 1110 Houston St. 608 Independence Dr. Laredo, Texas 78042 Laredo, Texas 78043 SIGNED AND EXECUTED ON THIS __DAY OF , 2008. BY: CARLOS R. VILLARREAL ESTELA ZAPATA CITY MANAGER CONCESSIONAIRE CITY OF LAREDO ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: ~~-M£~ KRISTINA L. HALE ASSISTANT CITY ATTORNEY 7 MASS TRANSIT BOARD COMMUNICATION DATE: SUBJECT: RESOLUTION NO. 2008-RT-008 10-20-08 AUTHORlZING THE CITY OF LAREDO TO FILE AN APPLICATION, ACCEPT AND EXECUTE WITH THE U. S. DEPARTMENT OF TRANSPORTATION, FEDERAL TRANSIT ADMINISTRATION, SECTION 5309 EARMARK E-2006-BUSP-972, IN THE AMOUNT OF $680,130 IN FEDERAL MATCH, AND $170,034 IN LOCAL MATCH FOR IMPROVEMENTS TO LAREDO TRANSIT HUBS; AND AUTHORlZING THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS. INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Feliciano Garcia, Transit General Manager PREVIOUS BOARD ACTION: None. BACKGROUND: In FY 2006, the City ofLaredo received a Section 5309 bus Program earmark from Congress for $680,130 to be used for the "Laredo Administrative/Operationa1lMaintenance Facility" project. The Section 5309 grant will assist in the funding for the construction of bus passenger shelters, removal and replacement of slabs for bus bays, improvement of passenger amenities and renovation ofbus terminal and design for existing bus stops and improvements. FINANCIAL: The total eligible amount of the Federal Transit Administration project will be $850,164. The federal (FTA) match will be $680,130 and the local match will be $170,034. TRANSIT COMMITTEE: STAFF RECOMMENDATION: n1a Staffrecommends approval ofthis resolution. RESOLUTION NO. 2008-RT-008 AUTHORIZING THE CITY OF LAREDO TO FILE AN APPLICATION, ACCEPT AND EXECUTE WITH THE U. S. DEPARTMENT OF TRANSPORTATION, FEDERAL TRANSIT ADMINISTRATION, SECTION 5309 EARMARK E-2006-BUSP-972, IN THE AMOUNT OF $680,130 IN FEDERAL MATCH, AND $170,034 IN LOCAL MATCH FOR IMPROVEMENTS TO LAREDO TRANSIT HUBS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS. WHEREAS, the City ofLaredo plans to renovate and improve bus stops with bus bays and shelters to provide better transit services to its citizens; and WHEREAS, the Federal Transit Administration grant application is a requirement to receive the funds necessary to renovate and improve transit hubs; and WHEREAS, the City of Laredo, Texas, intends to submit a grant application to the Federal Transit Administration through the U. S. Department of Transportation; and WHEREAS, the Federal Transit Administration through the U. S. Department of Transportation, is prepared to award a grant to the City of Laredo, as authorized by 49 U.S.C. 5309, in the maximum amount of $850,164 for Fiscal Year 2008 2009. NOW, THEREFORE, BE IT RESOLYED BY THE CITY COUNCIL AND THE MAYOR OF CITY OF LAREDO THAT: Section 1. The City Manager is authorized to submit all the necessary paperwork to obtain Section 5309 Funds from the U. S. Department ofTransportation. Section 2. The City Manager is authorized to accept funds awarded from the grant application for 5309 funds. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON TIllS THE ___DAY OF ,2008. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY BY _ MELISSA GARCIA ASST. CITY ATTORNEY