CITY OF LAREDO CITY COUNCIL MEETING A-2007-R-020 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS 78040 OCTOBER 15, 2007 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 4, 2007, October 1, 2007 and October 8, 2007.
V. COMMUNICATIONS AND RECOGNITIONS
Recognitions
Recognition of Joel Moreno of the Parks & Recreation Department, on his selection as October Employee of the Month.
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 Dr. Michael A. Hochman to the Public Health Issues Blue Ribbon Committee.
VII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS
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A. Request by Mayor Raul G. Salinas
1. Discussion with possible action on increasing recreational activities for senior citizens.
2. Discussion with possible action on providing security for the senior citizens at the Hamilton Hotel.
B. Request by Council Member Mike Garza
1. Discussion with possible action on appropriating discretionary funds not to exceed $50,000.00, to place a traffic light at the intersection of Merida Drive and Bob Bullock Loop.
C. Request by Council Member Hector J. Garcia
1. Discussion with possible action on the procedures City staff is taking to prevent vandalism and/or theft of City equipment.
2. Discussion with possible action on the possibility of becoming a plastic free community.
D. Request by Council Member Johnny Rendon
1. Status report on the Jacaman Road Improvements Project, with possible action.
E. Request by Mayor Pro-Tempore Gene Belmares
1. Discussion with possible action to consider an Interlocal agreement with Laredo Community College for business expansion and retention services. (Co-sponsored by Council Member Johnny Rendon)
2. Status report on the waterline replacement program at Regency Subdivision, with possible action.
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3. Status report on the Stone Creek Killam and Borchers area drainage/park project.
4. Presentation by Tom Wade for a workshop with Dr. Barry Lawrence, Texas A&M College Station, with possible action.
F. Request by Council Member Juan Chavez
1. Discussion with possible action on naming the Lafayette Bridge, the Judge Hector J. Liendo Overpass.
G. Request by Council Member Juan Ramirez
1. Discussion with possible action on waiving fire prevention drill fees at the senior citizen homes, during the month of October.
2. Discussion with possible action on installing street lights between Sanchez and Coke Street (on the west side).
3. Discussion with possible action on developing a master plan for improvements to upgrade the downtown area.
VIII. PUBLIC HEARINGS
2. Public hearing and introductory ordinance amending the City of Laredo Health Department Fiscal Year 2007-2008 annual budget by appropriating revenues and expenses; and accepting a continuation grant from the Texas Department of State Health Services in the estimated amount of $4,378,851.00 for the Women, Infants, and Children (WIC) Program for the City of Laredo Health Department beginning October 1, 2007 through September 30, 2008.
3. Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2007-2008 annual budget by appropriating revenues and expenditures in the amount of $68,716.00 in additional funds from the South Texas Development Council and amending the full-time equivalent positions by creating one (1) full-time Caseworker position with benefits for the Department’s HIV/Ryan White Program for a total award amount of $401,433.00 for a period from April 1, 2007 through March 31, 2008.
4. Public hearing and introductory ordinance authorizing the City Manager to accept a $7,694.00 donation from Falcon National Bank and amending the City of Laredo Fiscal Year 2007-2008 Capital Improvement Fund Budget by appropriating revenues and expenditures in the amount of
3 $7,694.00 for the purchase of scoreboards for two (2) baseball fields located at Dryden Park.
5. Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2007-2008 annual budget in the amount of $10,000.00 from the Texas Department of Transportation’s Commercial Motor Vehicle Selective Traffic Enforcement Program to fund overtime salaries for Police Department Officers. The grant period is from October 1, 2007 through September 30, 2008.
6. Public hearing and introductory ordinance authorizing the City Manager to accept and execute the Federal Transit Administration (FTA) Grant, Section 5309, TX-03-0299-00, in the amount of $1,943,557.00 with a local match of $485,889.00 and to amend the Fiscal Year 2007-2008 Transit System Capital Grants budget by appropriating said grant revenues and increasing expenditures by $2,429,446.00 for the new transit facility.
7. Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2007-2008 Airport Construction Fund annual budget by appropriating $100,000.00, which includes $50,000.00 from the Texas Department of Transportation Routine Airfield Maintenance Program (RAMP) Grant TXDOT CSJ No. M822LREDO and transferring $50,000.00 in matching funds from the Airport Operating Fund; providing for an effective date.
8. Public hearing and introductory ordinance amending the Fiscal Year 2007-2008 9-1-1 Regional Administration Fund by decreasing revenues and expenditures in the amount of $69,798.00 for administrative, equipment and program budgets for Jim Hogg, Starr, Webb, and Zapata counties for the period from September 1, 2007 and ending August 31, 2008.
9. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for an amusement redemption machine establishment on the East 2/3 of Lot 4, Block 203; Lots 1, 2 & part of 3, Block 204 and the northerly 7,716 sq. ft of Jarvis Avenue Right-of-Way between Santa Barbara & Santa Clara Streets, Eastern Division, located at 1502 Zapata Highway. The Planning & Zoning Commission recommended denial of the Conditional Use Permit. District III
10. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for an auto sales business on Lot 4, Block 899, Eastern Division, located at 307 N. Meadow Avenue. The Planning & Zoning Commission recommended denial of the Conditional Use Permit. District III
4 11. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 10, 11 and 12, Block 892, Eastern Division, located at 1602 Rosario Street and 1005 N. Meadow Avenue, from R-1 (Single Family Residential District) to R-2 (Multi- Family Residential District). The Planning & Zoning Commission recommended approval of the zone change. The proposed use is multi- family. District III
12. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 1A and 2A, Block 893, Eastern Division, located at 1601, 1603 and 1605 Rosario Street, from R-1 (Single Family Residential District) to R-O (Residential/Office District). The Planning & Zoning Commission recommended approval of the zone change. The proposed use is apartments and an office. District III
13. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 1 and 2, Block 1136, Eastern Division, located at 2711 Urbahn Avenue, from R-3 (Mixed Residential District) to R-1 (Single-Family Residential District). The Planning & Zoning Commission recommended approval of the zone change. The proposed use is single-family residential. District IV
14. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 6.68 acres, as further described by metes and bounds in attached Exhibit “A”, located at 11000 International Boulevard, from R-1 (Single Family Residential District) to R-2 (Multi-Family Residential District). The Planning & Zoning Commission recommended approval of the zone change. The proposed use is multi- family. District VI
15. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for a nationalization of vehicles enterprise on Lots 7, 8, 9 and the west 5.5 feet of Lots 4, 5, and 6, Block 857, Western Division, located at 3319 San Bernardo Avenue. The Planning & Zoning Commission recommended denial of the zone change. District VII
16. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for an auto sales, and a body and paint shop on Lot 8, Block 430, Eastern Division, located at 120 W. Saunders Street. The Planning & Zoning Commission recommended approval of the Conditional Use Permit. District V
17. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 1, Block 1, M.G.
5 Benavides Estates Subdivision, Phase I, located at 4711 Ben-Cha Road, from B-4 (Highway Commercial District) to B-3 (Community Business District). The Planning & Zoning Commission recommended approval of the zone change. The proposed use is multi-family residential. District II
18. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 16.58, as further described by metes and bounds in attached Exhibit “A”, located at the northwest corner of Bob Bullock Loop and International Boulevard, from R-1 (Single-family Residential District) to B-4 (Highway Commercial District). The Planning & Zoning Commission recommended approval of the zone change. The proposed use is commercial. District VI
19. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 64.63, as further described by metes and bounds in attached Exhibit “A”, located at the northeast corner of Bob Bullock Loop and International Boulevard, from R-1 (Single-family Residential District) to B-4 (Highway Commercial District). The Planning & Zoning Commission recommended approval of the zone change. The proposed use is commercial. District VI
20. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 5.07 acres, as further described by metes and bounds in attached Exhibit “A”, located at the intersection of International Boulevard and Escutia, from R-1 (Single Family Residential District) to R-2 (Multi-Family Residential District). The Planning & Zoning Commission recommended approval of the zone change. The proposed use is multi-family residential. District VI
21. Public hearing and introductory ordinance amending Chapter 24, Article VI, of The Laredo Land Development Code, Special Permit Procedures Section 24-93 by creating Section 24.93.11: Nationalization of Vehicles Enterprise Requiring a Special Use Permit for said use, adding Section 24.65.13 (12) B-3 – Community Business District, deleting Section 24.65.14 (17): B-4 - Highway Commercial District, and amending Section 24.63.2: Permitted Land Uses; providing for publication and effective date.
(Recess) (Press Availability)
IX. INTRODUCTORY ORDINANCES
22. Authorizing the City Manager to execute an amendment to the lease agreement for approximately 2,600 square feet constituting Building No. 1006 located at 4608 Daugherty Avenue at the Laredo International Airport
6 with Dairy Process, Inc. approved on July 1, 2002 by Ordinance No. 2002- O-141 and as amended on December 2, 2002 by Ordinance No. 2002-O- 307. Lessee wishes to further amend said lease agreement in order to change lessee’s name from Dairy Process, Inc. to International Dairy Products, Inc., and change Lessee’s mailing address from 4608 Daugherty Avenue, Suite B, Laredo, Texas, 78041 to 5508 Thomas Avenue, Laredo, Texas, 78041. All other terms and conditions remain unchanged and in effect; providing for an effective date.
23. Authorizing the City Manager to grant a Right-of-Entry to the United States of America in City-owned property along the Rio Grande Riverbend from the northern to the southern City limits, to solely conduct for visual observations for environmental studies of possible actions, including improvements to existing patrol roads, the construction of new patrol roads, and the removal of giant cane within a 300-foot-wide corridor parallel to the Rio Grande River. Said City-owned property, including any river vega land along said riverbend, consisting of: all of Blocks 015, 016, 15, 017, 018, 019, 57, 58, 613, 614, 615, 616, 140, 141, 143, 144, 149, 150, 151, 152, 568, 709, 710 & 450A, Eastern Division, City of Laredo, all of Blocks 414, 415, 416, 419, 424, 426, 425, 428, 431, 431A, 434, 434A, 437, 437A, 516, 517, 613, 614, 615, 628, 629, 630, 631, 643, 644, 645, 646, 657, 658, 659, 660, 666, 667, 668, 669, 670, 671, 672, 672A, 673, 674, 675, 676, 677, 679, 680, 708, 708B, & 724, Western Division, City of Laredo, a 22.087 acres tract located in Porcion 18, a 58.00 acres tract located in Porcion 21, an 18.00 acres tract located in the River Oaks Park Subdivision, a 10.59 acres tract located in Porcion 22, an 138.513 acres tract located partly in Porcion 36 and partly in Porcion 37, a 22.00 acres tract located in Porcion 37 and a 31.00 acres tract located in Porcion 38. Said Right-of-Entry being described on attached Exhibit 1; and providing for an effective date.
X. FINAL READING OF ORDINANCES
24.
2007-O-199 Amending the City of Laredo Health Department Fiscal Year 2007-2008 annual budget by authorizing the City Manager to accept, execute and appropriate revenues and expenditures for the Local Health System-Office of Public Health Practices (OPHP) continuation grant in the amount of $306,835.00 to provide prevention, disease control, and health promotion activities from the Texas Department of Health Services and $169,187.00 in program income. The grant has a term period from September 1, 2007 through August 31, 2008.
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2007-O-200 Amending the City of Laredo Health Department FY 2007-2008 full-time equivalent positions by creating one (1) full-time Public Health Technician position with benefits, (salary/ fringes amount of $47,697.00) in the Health Department – Public Health Preparedness (PHP) and Epidemiology Program for the term from October 1, 2007 through August 31, 2008. Funding is available through the Early Warning Infectious Disease Surveillance (EWIDS) portion of the PHP Grant.
2007-O-201 Amending the Subdivision Ordinance of the City of Laredo by: Creating Chapter 2, Section 2-3.4, Administrative Approval of Plats, Amending Chapter 3: Subdivision Design Standards, establishing standards in conformance with the Association of State Highway and Transportation Officials (AASHTO) publication of “A Policy on Geometric Design of Highways and Streets”, increasing the diameter of dead-end streets from 80 feet to 100 feet, establishing pavement standards in conformance with the (AASHTO) Guide for Design of Pavement Structures, and establishing pavement specifications for public and private streets based on expected traffic loads and pavement structures; providing for publication and effective date.
2007-O-202 Accepting a grant awarded and amending the City of Laredo FY 2007-2008 budget by increasing revenues and expenses in the amount of $45,000.00 for an Interdiction project awarded by the Office of the National Drug Control Policy (ONDCP) High Intensity Drug Trafficking Area (HIDTA). Funds will be used to pay overtime expenses for a drug interdiction unit comprised of Financial Task Force agents and Laredo Police Officers from January 1, 2004 through December 31, 2007. Fringe benefits will be funded from opening fund balance.
2007-O-203 Amending the City of Laredo Special Police 2007-2008 Annual Budget in the amount of $44,687.00. The Office of Justice Assistance Grant Program is contributing the full grant amount of $125,687.00 with no match amount obligated to the City of Laredo. The City of Laredo and Webb County will each receive $62,843.50. The City of Laredo will utilize this funding for the purchase of equipment for Homeland Security
8 purposes by the Laredo Police Department for the period of October 1, 2006 through September 30, 2010.
2007-O-204 Authorizing the City Manager to accept a Direct Aid Grant from the Texas State Library – Loan Star Libraries Program in the amount of $30,722.00 for new public computers and the replacement of backlit components for the current LCD computer terminals and amending the City of Laredo FY 2007-2008 Annual Budget Revenues and Expenditures in the amount of $5,722.00.
2007-O-205 Authorizing the City Manager to accept a grant in the amount of $50,000.00 from the Office of the Governor, the Division of Emergency Management (GDEM) and to amend the City of Laredo FY 2007-2008 Annual Budget in the same amount. The Office of the Governor, the Division of Emergency Management has made a project grant available in order to organize and deploy state agency and local government law enforcement personnel and equipment to participate in a project to enhance border security along the Texas- Mexico border. Funds will be used to pay overtime, fringe benefits, and operational expenses from September 12, 2007 through December 2, 2007.
2007-O-206 Amending the City of Laredo FY 2007-2008 Annual Budget by appropriating expenditures in the amount of $500,000.00 in the Laredo Police Department Trust Fund. Funding will be used to purchase operational materials, supplies, and capital outlay equipment. Equipment items include surveillance equipment, tactical entry equipment, and patrol motorcycles. Funding is available in the Police Trust Fund opening balance.
2007-O-207 Authorizing the City Manager to accept a donation from Wal-Mart Corporation in the amount of $1,000.00 and to amend the City of Laredo Friends of the Library Fund FY 2007-2008 annual budget by appropriating said funds. Funds will be used to purchase a new laminating machine for the Main Library.
2007-O-208 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for a
9 parking lot on Lot 7, Block 6, Moonlight Subdivision, located at 2101 Puscas Court; providing for an effective date and publication.
2007-O-209 Authorizing the City Manager to execute a lease and joint use agreement with the Laredo Independent School District, copy of which is attached as Exhibit 1; said agreement is for a term of 5 years and pertains to the following City property block 240, eastern division, Galveston Street between Mcdonnell and Monterrey; and Mier Street between Mcdonnell and Monterrey, to be used as part of the land for the J.C. Martin Elementary School presently being reconstructed; and providing for effective date.
XI. RESOLUTIONS
25. 2007-R-076 Confirming the Mayor’s appointment of five (5) representatives from the City of Laredo, to serve on the board of directors of the South Texas Development Council for the period of October 1, 2007 to September 30, 2008; the appointments must include three (3) elected City Officials and two (2) non-governmental members that represent the general interest groups of business and community based organizations.
26. 2007-R-080 Authorizing the City Manager to execute grant agreement CSJ No. M822LREDO with the Texas Department of Transportation under the Routine Airport Maintenance Program in the amount of $50,000.00 for the purpose of airside and landside maintenance at the Laredo International Airport. The City’s fifty percent (50%) local match for this project in the amount of $50,000.00 is available in the Airport Operations Fund.
27. 2007-R-081 Authorizing the City Manager to enter into and execute a reimbursement contract between the City of Laredo and Killam Development, Ltd. The purpose of this contract is to disburse a payment in the amount of $150,000.00 of the City’s contribution to the costs of construction by Killam Development, Ltd., of Shiloh Drive. Funding is available in the 2007 Certificate of Obligation Discretionary Funds District VI, Account 462-9822-535-4999.
28. 2007-R-083 Authorizing the City Manager to execute an Interlocal Agreement by and between the City of Laredo and Webb County for the establishment and operation of a 3-1-1 Center. Funding is available in the 3-1-1 Program Division as follows: 1) Fiscal Year 2006-2007 total budget is $71,008.00 with a 50% cost share from Webb County and 2) Fiscal Year 2007-2008 total budget is $321,937.00 with a 10% cost share from Webb County.
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29. 2007-R-084 Authorizing the City Manager to enter into an agreement with the Drug Enforcement Administration, in the amount of $15,573.00. The agreement’s purpose is to reimburse costs for overtime incurred by the Laredo Police Department in providing resources for OCDETF (Organized Drug Enforcement Task Forces). The term of this agreement is from October 1, 2007 through September 30, 2008 and will be accounted for in the Special Police Fund.
XII. MOTIONS
30. Approving Cooperative Agreement No. HSTS0208HSLR197 with the Department of Homeland Security-Transportation Security Administration (TSA) to reimburse the Airport Fund for law enforcement services associated with the passenger screening checkpoint, and authorizing the City Manager to execute said agreement. The total estimated reimbursement of this five (5) year agreement is $487,275.00, for a term from October 1, 2007 through September 30, 2012 or earlier if terminated by the parties.
31. 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 of October 1, 2007 through September 30, 2008. Funding is available in the General and Information Technology Funds.
• McWilliams & Associates (Andrea McWilliams), Austin, Texas, in the amount of $48,000.00; • Miller & Van Eaton, P.L.L.C. (Gerry Lederer), Washington, D.C., in the amount of $72,000.00, plus $10,000.00 out of pocket expenses; • Government Relations, Inc. (Allynn Howe), Oakton, Virginia, in the amount of $60,000, plus $5,000 out of pocket expenses.
32. Consideration to authorize the purchase of computers, computer software, and other services offered through the State of Texas, Department of Information Resources (DIR) cooperative purchase contracts. The City is a member of the Texas Procurement and Support Services (TPSS) Cooperative Purchasing Program which allows eligible municipalities to take advantage of approved State contracts. Funding is available in the respective departmental budgets.
33. Authorizing the City Manager to consider awarding a one (1) year professional service contract FY07-114 with an option to renew for one (1) year to perform drug and alcohol testing pursuant to the City of Laredo Drug and Alcohol Policy and Procedure to two (2) contractors: A.G. Pellegrin, MD and Carlos H. Hornedo, D.O. Funding is available in the health benefits
11 budget of the Employee Health and Wellness Division. The cost of this contract is not to exceed $25,000.00 on a yearly basis for each selected provider for a total budgeted expense not to exceed $50,000.00.
34. Amending the contract with Turner, Collie & Braden, Inc., San Antonio, Texas, for $40,000.00 for water and $40,000.00 for wastewater to include Project Management Services from December 5, 2006 to September 30, 2007 with an extension of 300 calendar days for the City of Laredo Colonias TWDB-EDAP Project funded by the Texas Water Development Board.
35. Consideration for approval of change order #2 to Jimmy Closner and Sons Construction Co., Inc., Mercedes, Texas, an increase in the amount of $12,216.50, for the construction of the Mines Road Work Order #2 – Water Main and Pump Station Project, for the balance quantities actually constructed in place, acceptance of the project, approval of final payment, and extending the contract time for an additional 97 calendar days. The revised contract amount is $2,004,432.25. The new construction time including this change order will be 836 calendar days. Acceptance of project is subject to TWDB approval. Funding is available in the Colonias Project Fund and Utilities Water Fund.
36. Consideration for approval to award a professional services contract to Chapman & Associates, Inc., Magnolia, Texas, for an amount not to exceed $87,570.00 for the Laredo International Airport Resident Project Representative Services (Inspection Services), General Aviation Apron and Taxiway Reconstruction, Phase III. The Airport Advisory Committee recommends approval. Design work will take approximately six (6) months. Funding is available in the Airport Construction Fund.
37. Consideration to authorize the approval of amendment of the professional services contract dated April 2, 2007 with Kimley-Horn and Associates, Austin, Texas, for the performance of professional services related to the Downtown Signalization Project, is amended such that both: the fee is increased by $76,321.00 from $250,000.00 to $326,321.00, for additional professional services and to extend the contract by an additional 120 days. Funding is available in the MPO Account.
38. Consideration for approval to award a construction contract to the lowest bidder ALC Construction, LLC, Laredo, Texas, in the bid amount of $476,464.00 for the Laredo Street Drainage Improvements – Phase II. Contract time is one hundred ten (110) working days. Funding is available in the 2003 C.O. Issue and 2006 C.O. Issue.
39. Consideration to award a contract to the lowest bidder Jimmy Closner & Sons, Mercedes, Texas, in the estimated amount of $1,385,472.50 for the Upper Zacate Creek Multi-purpose Detention Pond Project. These
12 improvements include installation of erosion control measures, channel excavation, irrigation system, fencing, and construction of an access road. Funding is available in the 2007 C.O. Bonds.
40. Consideration for approval 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 of plans and specifications for the World Trade Bridge Toll Inspection Facility Expansion to include additional booths and lanes, canopy , islands, related utilities including water and sanitary sewer lines, lighting and data communications. Design work will take approximately six (6) months. Funding is available in the Bridge System Fund.
41. Consideration for approval to award a construction contract to the lowest bidder Closner Construction Company, LC, Laredo, Texas, in the base bid amount of $433,557.00 for the Rancho Viejo Drive Culvert Drainage Improvements. Contract time is one hundred twenty (120) working days. Funding is available in the 2007 C.O. Rancho Viejo Culvert Drainage.
42. Consideration to authorize the purchase of one (1) cab and chassis truck with a ten cubic yard concrete mixer in the amount of $132,988.00 through the Buyboard Cooperative Purchasing Program’s contract pricing from Dallas Mack Sales, L.P. This equipment will be assigned to the Public Works Department. Funding is available in the 2007 Certificates of Obligation Bond Proceeds.
43. Consideration to exercise the renewal option for contract number FY07-133 awarded to HD Supply Waterworks, San Antonio, Texas, in the estimated amount of $250,000.00; for the purchase of a PVC pipe used by the Utilities Department. This is the first of four (60) day supply extensions. These materials are purchased on an as needed basis for construction and the repair of projects. Funding is available in the Utilities Department budget.
44. Consideration to award contract number FY07-172 to the low bidders: 1.) Traffic Parts, Conroe, Texas in the amount of $100,546.75; and 2.) Pathmark Traffic Pars, San Marcos, Texas, in the amount of $1,600.00; for the purchase of traffic signal assemblies and related materials required for traffic signal upgrades for the following locations: Winfield-Alexander, the Airport at Bob Bullock Loop and Del Mar Boulevard at McPherson Drive. Funding is available in the 2006 Certificate of Obligation Issue, Airport Operation and Airport Construction Funds.
13 45. Consideration to award an annual miscellaneous auto parts contract number FY07-173 to the following multiple bidders: 1.) Gonzalez Auto Parts, Laredo, Texas, in the amount of $20,000.00 2.) O’Reilly Auto Parts, Laredo, Texas, in the amount of $20,000.00 3.) Napa Auto Parts, Laredo, Texas, in the amount of $20,000.00 4.) Full Service Auto, Laredo, Texas, in the amount of $20,000.00 5.) Laredo Wholesale, Laredo, Texas, in the amount of $10,000.00 6.) Texas Fleet Supply, Laredo, Texas, in the amount of $5,000.00 7.) Texas Alternator, Austin, Texas in the amount of $5,000.00 for the purchase of miscellaneous auto parts for the Fleet Department. This contract establishes discount percentage pricing for those miscellaneous auto parts not covered in the general automotive parts contract. These vendors have offered percentage discount pricing from their general catalogues. All items will be purchased on an as needed basis. Funding is available in the Fleet Management Fund.
46. Award of a professional services contract with Mejia Engineering Company in the amount of $66,082.87 to provide consulting services for the Ejido/Stewart Drainage Improvement Project for the City of Laredo, Texas. The project consists of addition/replacement of the existing drainage system to reduce localized flooding. Funding is available in the 2007 Certificate of Obligation Bond Proceeds.
47. Award of a professional services contract with Espey Consultants, Inc. in the amount of $199,775.00 to provide consulting services for the Phase I of the Canal Street Drainage Improvements Project for the City of Laredo, Texas. The project consists of drainage study, evaluation of the existing systems, evaluation of alternatives with cost estimates and economic feasibility study for the flood mitigation along Canal Street. Funding is available in the 2007 Certificate of Obligation Bond Proceeds.
48. Approving monthly adjustments to the tax roll. The amounts to be adjusted for the month of September 2007 represent a decrease of $7,066.65. These adjustments are determined by Webb County Appraisal District and by court orders.
49. Refund of property tax in the amount of $1,828.32 to the following taxpayers; 1. A refund of property in the amount of $822.00 payable to First American Real Estate Tax due to an overpayment. Account #980- 60001-170. 2. A refund of property tax in the amount of $504.21 payable to Homecomings Financial due to an overpayment. Account #985- 60005-320. 3. A refund of property tax in the amount of $502.11 payable to AMC Mortgage Services due to an overpayment. Account #983-51001-240.
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XIII. STAFF REPORTS
50. A. Discussion with possible action to consider Police Officer Gilbert Vazquez, III first request for an extension of injury leave with pay in accordance with 143.073 (b) of the Texas Local Government Code.
XIV. EXECUTIVE SESSION
The City Council hereby reserves the right to go into executive session at any time during this public meeting, if such is requested by the City Attorney or other legal counsel for the City, pursuant to his or her duty under Section 551.071(2) of the Government Code, to consult privately with his or her client on an item on the agenda, or on a matter arising out of such item.
51. Request for executive session pursuant to Texas Government Code Section 551.072 for legal advice regarding consideration for the purchase of real property for park purposes located at Lot 5, Block 9, Crown Ridge I Subdivision, also known as the 400 block of Shiloh Drive, and in order to avoid any detrimental effect that open session on the same might have on the City's ability to negotiate with third parties; and, return to open session for possible action.
XV. RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THE LAREDO MASS TRANSIT BOARD
52. Motion to waive bus fare collection to and from the HEB “Feast of Sharing” to be held at the Laredo Civic Center on Sunday, November 18, 2007 as participation by the City of Laredo co-sponsoring this event. HEB will provide a $1,500.00 contribution to offset the fares.
XVI. RECESS AS THE LAREDO MASS TRANSIT BOARD AND CONVENE ADJOURN AS THE LAERDO CITY COUNCIL
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 11, 2007 at 7:00 p.m.
Gustavo Guevara, Jr. City Secretary
15 COUNCIL COMMUNICATION DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE Amending the City qfLaredo Health Department FY 2007-2008 annual budget by 10/15/2007 appropriating revenues and expenses; and accepting a continuation grant from the Texas Department of State Health Services in the estimated amount of $4,378,851.00 [$3,961,058.00 (6047) and $417,793.00 (6053)] for the Women, Infants, and Children (WIC) Program for the City of Laredo Health Department beginning Octobef'l, 2007 through September 30, 2008. INITIATED BY: STAFF SOURCE: Horacio A. DeLeon, Jr. Hector F. Gonzalez, M.D., M.P.H. Assistant City Manager Health Director PREVIOUS COUNCIL ACTION: On November 6,2006, Council approved Ordinance No. 2006-0-275. BACKGROUND:
The Texas Department ofState Health Services has contracted with the City ofLaredo to provide public health services to residents of Webb, Duval, Jim Hogg and Zapata Counties through the City ofLaredo Health Department.
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 (6047) is based on the following:
Caseload: 306,706 X $11.73 = $ 3,597,660.71 hrnnunizations = $ 221,990.19 Incentive Funding: $2,200 X 12 = $ 26,407.10 Supplemental (Breast-Feeding)Funding: = $ 115,000.00 TOTAL = $ 3,961,058.00
The estimated budget for the WIC-Counties Expansion (6053) is based on actual cost.
FINANCIAL: The City of Laredo will receive an estimated $4,378,851.00 [$3,961,058.00 (6047) and $417,793.00 (6053)] in funds from the Texas Department ofState Health Services for the Women, Infants and Children (WIC) Program of the City of Laredo Health Department for the period beginning October 1, 2007, through September 30, 2008. The revenue account for $3,961,058.00 is 226-0000-323-4037 and expenditure division 226-6047. The revenue account for $417,793.00 is 226-0000-323-4003 and expenditure division 226-6053. RECOMMENDATION: STAFF: Recommends that Council introduce the Ordinance. Women, Infants and Children (WIC) 226-6047 BUDGET
REVI:NUEs TDSHS GRANT REVENUE $ 3,961,058
TClTIlL $ 3,961,058 i=XPENSES PERSClNNEL $ 2,190,094 ClVERTIME 40,000 FRINGE BENEFITS 890,462 TRAVEL 22,500 EQUIPMENT 11,000 SUPPLIES 249,741 CClNTRIlCTUIlL 500 ClTHER 298,999 REsERVE IIPPRClPRIIITIClN 70,000 IIDMINISTRATIVE FEES 187,762 TClTIlL $ 3,961,058
WIC Counties Expansion 226-6053
RI:Vi',NUi=1l TDsHS GRIINT REVENUE $ 417,793
TClTIlL $ 417,793 i=xpeNIli=s PERSClNNEL $ 187,844 ClVERTIME 3,000 FRINGE BENEFITS 77,249 TRIIVEL 1,900 EQUIPMENT 25,000 SUPPLIES 22,000 CClNTRIlCTUIlL 0 OTHER 85,800 RESERVE IIPPROPRIIITION 15,000 IIDMINISTRIITIVE FEES 0 TClTIlL $ 417,793 ORDINANCE NO.
AMENDING THE CITY OF LAREDO HEALTH DEPARTMENT FY 2007-2008 ANNUAL BUDGET BY APPROPRIATING REVENUES AND EXPENSES; AND ACCEPTING A CONTINUATION GRANT FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE ESTIMATED AMOUNT OF $4,378,851.00 [$3,961,058.00 (6047) AND $417,793.00 (6053)] FOR THE WOMEN, INFANTS, AND CHILDREN (WIC) PROGRAM FOR THE CITY OF LAREDO HEALTH DEPARTMENT BEGINNING OCTOBER 1,2007 THROUGH SEPTEMBER 30, 2008.
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 (6047) is based on the following:
Caseload: 306,706 X $11.73 = $ 3,597,660.71 Inununizations = $ 221,990.19 Incentive Funding: $2,200 X 12 = $ 26,407.10 Supplemental (BI~ast-Feeding)Funding: = $ 115,000.00 TOTAL = $ 3,961,058.00 and the estimated budget for the WIC-Counties Expansion (6053) 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 in the estimated amount of $4,378,851.00 [$3,961,058.00 (6047) AND $417,793.00 (6053)] for the Women, Infants and Children "WIC" Program of the City of Laredo Health Department for the period beginning October 1, 2007 through September 30, 2008.
Section 2: The revenue acconnts are 226-0000-323-4037 ($3,961,058.00) and 226 0000-323-4003 ($417,793.00).
Section 3: The expenditure divisions are 226-6047 ($3,961,058.00) and 226-6053 ($417,793.00).
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 ofwork for the program.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR
ON THIS DAY OF • 2007.
RAUL G. SALINAS MAYOR ATTEST:
GUSTAVO GUEVARA. JR. CITY SECRETARY
APPROVED AS TO FORM:
RAUL CASSO, CITY ATTORNEY j/~trl,da~ VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY
2 COUNCIL COMMUNICATION
DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE Amending the City of Laredo Health Department FY 2007-2008 annual budget by 10/15/2007 appropriating revenues and expenditures in the amount of $68,716.00 of additional funds from the South Texas Development Council and amending the full-time equivalent positions by creating one (1) full-time Caseworker position with benefits for the Department's HIV/Ryan White Program for a total award amount of $401,433.00, term from April I, 2007 through March 31, 2008. INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Asst. City Manager Health Director PREVIOUS COUNCIL ACTION: On May 7, 2007, Conncil approved Ordinance 2007-0-066 in the additional amount of $26,654 to the Health Department's HIV/Ryan White Program, for a total amount award of $332,717, term from April I, 2007 to March 31, 2008. BACKGROUND: The South Texas Development Council has contracted with the City of Laredo to provide public health services to residents of Laredo and Webb County through the City of Laredo Health Department. Services Program whose purpose is to plan, develop and deliver comprehensive outpatient health and support services to meet the identified needs of individuals and families with AIDS or HIV disease in the Health Service Delivery Area (HSDA): Jim Hogg, Starr, Zapata, and Webb Counties. Services to be provided may include, but are not limited to: • Ambulatory/outpatient medical care; case management; dental care; home health care; para professional care; professional care; specialized care; durable medical equipment; hospice care, home-based and residential; medications; mental health therapy/counseling; nutritional services; rehabilitation care; substance abuse treatment/counseling; and • SUPPOlt services; adoption/foster care assistance; buddy/companion services; client advocacy; counseling; day and respite care; food bank/home delivered meals; housing assistance/housing related services; transportation; other support services; and • Insurance assistance; assistance is provided to eligible individuals with HIV disease in order to maintain continuity of health/dental insurance; or receive medical benefits under a health/dental insurance program. Insurance assistance funds may be used for payment of insurance premiums, deductibles, co-insurance payments, and related administrative costs.
The Department is requesting to amend the full-time equivalent positions under this grant by creating one (1) full-time Caseworker position with benefits. This contract amendment will cover the term period from September I, 2007, and shall remain effective until the end of the contract term March 31, 2008.
Budget on next page
FINANCIAL: The City of Laredo will receive $68,716.00 from the South Texas Development Council for the Health Department's HIV/AIDS Ryan White Program, term from April 1,2007 to March 31, 2008, revenue 226-0000-323-4051, expenditure 226-6011. RECOMMENDATION: STAFF: Recommends that Council introduce the ordinance. HIV/Ryan White Program FY 2007-2008 226-6011 continues
HIV/Ryan White Budget FY 2007-08
BUDGET
REVENUES STDC GRANT REVENUE $ 332,717 $ 68,716 $ 401,433 PROGRAM INCOME 0 0 144,222 TOTAL REVENUES $ 332,717 $ 68,716 $ 401,433 EXpENSES PERSONNEL $ 105,146 $ 8,050 $ 113,196 FRINGE BENEFITS 39,372 3,934 43,306 TRAVEL 5,030 1,229 6,259 EQUIPMENT 0 0 0 SUPPLIES 1,000 5,079 6,079 CONTRACTUAL 139,370 54,123 193,493 OTHER 42,799 -3,699 39,100 SUB-TOTAL $ 332,717 $ 68,716 $ 401,433 INDDIRECT CHARGES 0 0 0 PROGRAM INCOME 0 0 0 I I',ll( " 1. 11 r~ I~~ HIY/Ryan White Program FY 2007-2008 226-6011 continues
PERSONNEL
PERSONNEL CURRENT CHANGE APPROVED BUDGET 226-6011 FTEs FTEs FTEs Health Educator Su ervisor 0.32 o 0.32 Casworker 1.65 o 1.65 Pharmac Technician 0.1 o 0.1 Clerk II 1 o 1 Caseworker * o 1 1
* Effective for only the last four months ofthis grant term. ORDINANCE
AMENDING THE CITY OF LAREDO HEALTH DEPARTMENT FY 2007-2008 ANNUAL BUDGET BY APPROPRIATING REVENUES AND EXPENDITURES IN THE AMOUNT OF $68,716.00 OF ADDITIONAL FUNDS FROM THE SOUTH TEXAS DEVELOPMENT COUNCIL AND AMENDING THE FULL-TIME EQUIVALENT POSITIONS BY CREATING ONE (1) FULL-TIME CASEWORKER POSITION WITH BENEFITS FOR THE DEPARTMENT'S HIVIRYAN WHITE PROGRAM FOR A TOTAL AWARD AMOUNT OF $401,433.00, TERM FROM APRIL 1,2007 THROUGH MARCH 31, 2008.
WHEREAS, the South Texas Development Council (STDC) is contracting with the City of Laredo to provide public health services to residents ofLaredo and Webb County through the City ofLaredo Health Depaltment, and
WHEREAS, the HIY Ryan White Care Title II Services Program serves to plan, develop and deliver comprehensive outpatient health and SUppOlt services to meet the identified needs of individuals and families with AIDS or HIV disease in the Health Service Delivery Area: Jim Hogg, Starr, Zapata, and Webb Counties, and services to be provided may include, but are not limited to: 1. Ambulatory/outpatient medical care; case management; dental care; home health care; para-professional care; professional care; specialized care; durable medical equipment; hospice care, home-based and residential; medications; mental health therapy/counseling; nutritional services; rehabilitation care; substance abuse treatment/counseling; and 2. Support services; adoption/foster care assistance; buddy/companion services; client advocacy; counseling; day and respite care; food bank/home delivered meals; housing assistance/housing related services; transpOltation; other support services, and 3. Insurance assistance; assistance is provided to eligible individuals with HIV disease in order to maintain continuity of health/dental insurance; or receive medical benefits under a health/dental insurance program. Insurance assistance funds may be used for payment of insurance premiums, deductibles, co insurance payments, and related administrative costs.
WHEREAS, The Depmtment is requesting to amend the full-time equivalent positions under this grant by creating one (I) full-time Caseworker position with benefits. This contract amendment will cover the term period from September 1,2007, and shall remain effective until the end ofthe contract term March 31, 2008.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: Amending the City of Laredo Health Department FY 2007-2008 budget by appropriating revenues and expenditures in the amount of $68,716 in additional funds from the South Texas Development Council for the Health Department HIV/Ryan White Program for a total aIllount awarded of $401,433. Term period from April 1, 2007, through March 31, 2008. Section 2: Amending the full-time equivalent positions by creating one (1) caseworker position with benefits.
Section 3: The revenue line item 226-0000-323-4051 is hereby increased by $68,716.
Section 4: The expenditure division 226-6011 is hereby increased by $68,716.
Section 5: The City Manager is hereby authorized to make transfers within the budget as allowable under the General Provisions as set forth by the South Texas Development Council to meet the necessary costs to accomplish the scope ofwork for the project.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR
ON THIS DAY OF "2007.
RAUL G. SALINAS MAYOR ATTEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM:
VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY
2 COUNCIL COMMUNICATION
DATE: SUBJECT: Public Hearing and Introductory Ordinance
10/15/07 Authorizing the City Manager to accept a $7,694 donation from Falcon National Bank and amend the City of Laredo Fiscal Year 2007-2008 Capital Improvement Fund Budget by appropriating revenues and expenditures in the amount of $7,694.00 for the purchase of scoreboards for two baseball fields located at Drvden Park. INITIATED BY: STAFF SOURCE: Jesus Olivares Miguel A. Pescador Assistant City Manager Parks and Recreation Director PREVIOUS COUNCIL ACTION:
None BACKGROUND:
The Parks and Recreation Department has received an offer from Falcon National Bank for a one time contribution of $7,694.00 for the purchase of two scoreboards for the Dryden Park, which will be one of the sites for the Texas Little League District 34 2008 tournament.
According to the Optimist Little League, sponsors of the event, it is anticipated that at least three tournaments will be played at the Dryden Fields.
Donation includes equipment, installation and training.
FINANCIAL IMPACT: BUdget Proposed Amended Budget FY07-08 Amendment FY07·08
Capital Improvement Fund: Revenues: Dryden Park Contribution 402-0000-372-1047 $ 0 $ 7,694 $ 7,694
Expenditures: Dryden Park Improvements 402-4322-535-4267 $ 0 $ 7,694 $ 7,694
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:
N/A Approval is recommended Ordinance No. _
AUTHORIZING THE CITY MANAGER TO ACCEPT A $7,694 DONATION FROM FALCON NATIONAL BANK AND AMEND THE CITY OF LAREDO FISCAL YEAR 2007-2008 CAPITAL IMPROVEMENT FUND BUDGET BY APPROPRIATING REVENUES AND EXPENDITURES IN THE AMOUNT OF $7,694.00 FOR THE PURCHASE OF SCOREBOARDS FOR lWO BASEBALL FIELDS LOCATED AT DRYDEN PARK.
WHEREAS, the City of Laredo will be the host ofthe 2008 Texas Little League District 34 tournament; and
WHEREAS, the City of Laredo and the Falcon National Bank share the vision regarding needed improvements at the Dryden Fields in order to adequately house the same; and
WHEREAS, the Falcon National Bank is willing to donate the amount necessary for the purchase of two scoreboards for the Dryden Baseball Fields;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO, TEXAS:
Section 1: That City Council authorizes the City Manager to accept a donation from Falcon National Bank in the amount of $7,694.00 for the purchase and installation of two scoreboards for the Baseball Fields.
Section 2: The City Manager is authorized to amend the City of Laredo Fiscal Year 2007-2008 Capital Improvement fund as follows:
Budget Proposed Amended Budget FY07-08 Amendment FY07·08
Capital Improvement Fund: Revenues: Dryden Park Contribution 402-0000-372-1047 $ o $ 7,694 $ 7,694 Expenditures: Dryden Park Improvements 402-4322-535-4267 $ o $ 7,694 $ 7,694
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS, THE DAY OF ,2007.
RAUL G. SALINAS, APPROVED AS TO FORM: MAYOR RAUL CASSO, CITY ATTORNEY
By: GUSTAVO GUEVARA, JR. ...,.A':"':N=TH'""O:::-:N"'Y-:-C=-....,.M-:-c-=G-=E=TT=R~IC=-K;:-- CITY SECRETARY ASSISTANT CITY ATTORNEY DAKTRClNIC!3 Quote # 259329-2 Rev 1
City of Laredo Parks & Recreation Dept. 2/0ctl2007 Cesar Cabriales Quote valid for: 60 days 2201 Piedra China Terms: NET 30 DAYS Laredo, TX UNITED STATES 78041 FOB: DAKTRONICS Phone: 210-795-2350 Delivery: 5-6 weeks Fax: 210-795-2353 Email: [email protected]
Reference: BuyBoard quote for Dryden Field
Item # Model Description Qty Price
1 BA-618-11 Outdoor Baseball/Softball 1 $3,910.00 Scoreboard: Red LED Digits. Price includes AS-1600 control console and mounting hardware. Cabinet Dimensions: 5' 0" HX 14' 0" W X 0' 6" D (Approx. Dimensions) Digil Type: PANAVIEW Digit Color: RED Max Power: 150 Max Watts/face Weight: Uncrated 200 Ibs per face; Crated 560 Ibs per face Soft-sided carrying case for AS- Soft-sided carrying case for AS-1600 1 1600
Border Striping for BA Border Striping for BA-618. 518/618/624/718/2010/2022
2 BA-518-11 Outdoor Baseball/Softball 1 $2,444.00 Scoreboard: Red LED Digits. Price includes AS-1600 control console and mounting hardware. Cabinet Dimensions: 4' 0" H X g' 0" W X D· 6" D (Approx. Dimensions) Digit Type: PANAVIEW Digit Color: RED Max Power: 150 Max Watts/face Weight: Uncrated 961bs pertace; Crated 141/bs per face Soft-sided carrying case for AS Soft-sided carrying case for AS-1600 1 1600
Border Striping for BA Border Striping for BA-518. 1 518/618/624/718/2010/2022
Service Plans 3 P1G5-1239 MAIN 1 year Platinum® and 4 year GoldSM 1 Plan for BA-618-11 Outdoor Baseball/Softball Scoreboard & BA- 518 Outdoor Baseball/Softball Scoreboard.
TOTAL PRICE: $6,354.001
TX, SAN ANTONIO Quote # 259329-2 Rev 1 10107 BROADWAY SAN ANTONIO, TX 78217 USA Page 1 of 4 D OAK"'~ONICB www.daktronics.com DAKTRClNIC!3 Quote # 259329-2 Rev 1 Optional Equipment Item # Model Description Qty Price
1 AS 1600 to RC-100 Upgrade Upgrade from All Sport 1600 (wire) 2 $840.00 to RC-100 Wireless (New Sales Only). Includes RC·100 carrying case wI viewable window.
2 INSTALL-P Final signal hook up training for 1 $500.00 ONE BA-618 scoreboard and ONE BA-518 scoreboard.
TX, SAN ANTONIO Quote # 259329-2 Rev 1 10107 BROADWAY SAN ANTONIO, TX 78217 USA Page 2 of4 D OAKl'RONllJS www.daklronics.com DAKTF:lONICS Quote # 259329-2 Rev 1
Exclusions: This quote does not include Electrical Installation, Physical/Mechanical Installation, Structure, Foundation, Power, Hoist, Engineering Certification, Signal Conduit, Labor to Pull Signal Cable, Applicable Permits, Duties, Taxes, Customs Clearance Unless expressly stated otherwise in this Quote # 259329-2 Rev 1 or the attachments, If Daktronics performs installation of the Equipment, the price quoted does not include the following services pertaining to physical installations: digging of footings (including dirt removal), any materials fabrication, installation of steel cages, rebar, or bolt attachments, or pouring and finishing of concrete footings. Those service may be provided for an additional cost beyond the quoted price. Purchaser shall be fully responsible for any and all additional costs plus overhead in the event anything unexpected of any nature whatsoever is found while digging the footings inclUding but are not limited to rock, water, utility lines, pipes or any other unforeseen circumstance. The Purchaser acknowledges and agrees that it is fully responsible for all site conditions.
JOSE RODRIGUEZ MICHELE FELIX PHONE: 210/342-1680 PHONE: (210)342-1680 FAX: 210/342-1484 FAX: (210) 342-1484 EMAIL: [email protected] EMAIL: [email protected]
Terms And Conditions: The Terms and Conditions which apply to this order available on request. SL-02375 Standard Terms and Conditions of Sale (www.daktronics.com/terms_conditions/SL-02375.pdf) SL-02374 Standard Warranty and Limitation of Seller's Liability (www.daktronics.com/terms_conditions/SL-02374.pdf) SL-07862 Software License Agreement (www.daktronics.com/terms_conditions/SL-07862.pdf) SL-10019 Standard Terms and Condltions-Parts (www.daklronics.com/terms_conditions/SL-10019.pdf)
Acceptance: The Undersigned has actual authority to execute this document and Daktronlcs, Inc is relying upon such authority.
The parties hereby acknowledge and agree that the terms and conditions contained within this Quote along with the terms and conditions of the Daktronics Standard Terms and Conditions, the Standard Warranty and limitations of Liability, and/or the Software License Agreement (together, the "Terms and Conditions") constitute the full and final understanding of the parties regarding the sale of equipment and/or the provision of services and entirely replace and supersede any previous understanding or agreement between the parties. By executing this agreement, Purchaser acknowledges that it has had opportunity and means to review the Terms and Conditions as provided in the website addresses above. In the alternative, hardcopy of these Terms and Conditions will be provided upon request. Further it is acknowledged and agreed that the price of the equipment and/or the provision of services contained within this agreement are expressly conditioned upon Purchaser's acceptance of the Terms and Conditions without change. Any modification of the Terms and Conditions may require a corresponding change in price. Accordingly, the Purchaser acknowledges and agrees to these Terms and Conditions as evidenced by its attestation below.
Customer Signature Date
TX, SAN ANTONIO Quote # 259329-2 Rev 1 10107 BROADWAY SAN ANTONIO, TX 78217 USA Page 3 of 4 D OAKTRONlca www.daktronics.com DAKTRClNICS Quote # 259329-2 Rev 1
Purchaser hereby confirms that the equipment is to be delivered to, and may be Installed by Purchaser or Daktronic5 (as indicated elsewhere herein) at the address indicated on page one (1) of the agreement unless otherwise specified below:
Ship To: End User:
Company 'Company
Contact Person Contact Person
Address Address
City 'City
State Zip 'State 'Zip
Telephone Telephone
Fax Fax *Required Information
TX, SAN ANTONIO Quote # 259329-2 Rev 1 10107 BROADWAY SAN ANTONIO, TX 78217 USA Page 4 of 4 D OAK't'~ClNlca www.daktronics.com DAKTRClNICS
Loredo Parks & Rec Dryden Field
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II,,,,) !i,:of GUEST OAKTRONIOO HOME INNING Do not use this rendering for ad copy approval. The mascots and fonts depicted here are for conception only. They do not meet the requirement needed by our copy management. D CAKTRCNICB OAKTRClNICS Loredo Parks & Rec Dryden Field iI {)"~f(lil n;m(:n~it:',w .1,0· hlOh)( .... ·,0' wi,I., llol') :)(or"hL1i1fti !l:'foc<'l$iolw M~lB .1·,0 hillh>l '1'·0' I_ido. Do not use this rendering for ad copy approval. The mascots and fonts depicted here are for conception only. They do not meet the requirement needed by our copy management. D DAKTRCNICS COUNCIL COMMUNICATION DATE: SUBJECT: Public Hearingllntroductory Ordinance October 15, 2007 Amending the City of Laredo Special Police 2007-2008 annual budget in the amount of $10,000 for the Texas Department of Transportation's Commercial Motor Vehicle Selective Traffic Enforcement Program. The grant period begins on October 1, 2007 and runs throuah Seotember 30, 2008 and is for overtime salaries. INITIATED BY: STAFF SOURCE: Carios Villarreal Agustin Dovalina, III. City Manager Chief of Police PREVIOUS COUNCIL ACTION: Council approved Resolution 2007-R-078 on September 17, 2007 to accept the Commercial Motor Vehicle Selective Traffic Enforcement Proaram arant. ACTION PROPOSED: That this Ordinance be passed and approved. BACKGROUND: The Texas Department of Transportation has made a grant entitled Commercial Motor Vehicle Selective Traffic Enforcement Program available to the Laredo Police Department. The grant wili pay for overtime salaries for police officers for the enforcement of Commercial Motor Vehicle Selective Traffic Enforcement Program from October 01,2007 through September 30, 2008. Public information materials will also be available under this grant. FINANCIAL: Original Proposed Budget Budget Budget Amendment Revenues: Commercial STEP 50,000 40,000 (10,000) Expenses: Overtime 50,000 40,000 (10,000) RECOMMENDATION: STAFF: Recommends that Council approve this Ordinance. ORDINANCE AMENDING THE CITY OF LAREDO SPECIAL POLICE 2007 2008 ANNUAL BUDGET IN THE AMOUNT OF $10,000 FOR THE TEXAS DEPARTMENT OF TRANSPORTATION'S COMMERCIAL MOTOR VEHICLE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM. THE GRANT PERIOD BEGINS ON OCTOBER 1, 2007 AND RUNS THROUGH SEPTEMBER 30, 2008 AND IS FOR OVERTIME SALARIES. Whereas, the Police Chief Recommends that the Council authorize acceptance of a grant for such a program from October 01, 2007 through September 30, 2008; and Whereas, the City Council finds that such acceptance should be made and will be beneficial to the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: Accepting a grant from the Texas Department of Transportation in the amount of $40,000 for the performance of Commercial Motor Vehicle Selective Traffic Enforcement Program and maintain an Enforcement Effort from October 01,2007 through September 30, 2008 Section 2: It authorizes the City Manager to execute all necessary documents to achieve said grant and to effectuate its terms. Section 3: Financial - Proposed appropriations for grant are from October 01, 2007 through September 30, 2008 will be as follows: Original Proposed Budget Budget Budget Amendment Revenues: Commercial STEP 50,000 40,000 (10,000) Expenses: Overtime 50,000 40,000 (10,000) PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ___ DAY OF ,2007. Raul Salinas MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATT"'"'o"""" . MELISSA SALDANA ASSISTANT CITY ATTORNEY CITY COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE THE 10-15-07 FEDERAL TRANSIT ADMINISTRATION (FTA) GRANT, SECTION 5309, TX-03- 0299-00, IN THE AMOUNT OF $1,943,557.00 WITH A LOCAL MATCH OF $485,889.00, AND TO AMEND THE FY 2007-2008 TRANSIT SYSTEM-CAPITAL GRANTS BUDGET BY APPROPRIATING SAID GRANT REVENUES AND INCREASING EXPENDITURES BY $2,429,446.00 FOR THE NEW TRANSIT FACILITY. INITIATED BY: STAFF SOURCE: Carlos Villarreal, City Manager Feliciano Garcia, Jr., General Manager PREVIOUS BOARD ACTION: In City Council meeting of01-16-07, Council authorized the City Manager to file an application with FTA in the amount of$I,943,557.00. BACKGROUND: This Section 5309 project will fund final design and construction for a proposed $20 million Administrative/Operations/Maintenance Transit facility. The facility will include offices for administration/operations/maintenance, driver areas, vehicle maintenance, bus parking, fuel and wash areas, and parts storage to support the fleet ofbuses and vans. This grant is being funded by Section 5309 Bus Program earmarks awarded by Congress to the City of Laredo in FY 2005. As more Congressional earmarks become available, we will be applying for additional Section 5309 FTA grants to complete the new Transit facility. FINANCIAL: Budget Proposed Revenues Budget Amendment Budget Opening Balance $ 485,889.00 $ - $ 485,889.00 FTA Grant - 1,943,557.00 1,943,557.00 $ 485,889.00 $ 1,943,557.00 $ 2,429,446.00 Expenditures FTA Grant #299 $ - $ 2,429,446.00 $ 2,429,446.00 Note: The local match is located in the opening balance. STAFF RECOMMENDATION: Staffrecommends introduction ofthis ordinance. ORDINANCE NO. AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE THE FEDERAL TRANSIT ADMINISTRATION (FTA) GRANT, SECTION 5309, TX-03-0299-00, IN THE AMOUNT OF $1,943,557.00 WITH A LOCAL MATCH OF $485,889.00, AND TO AMEND THE FY 2007-2008 TRANSIT SYSTEM-CAPITAL GRANTS BUDGET BY APPROPRIATING SAID GRANT REVENUES AND INCREASING EXPENDITURES BY $2,429,446.00 FOR THE NEW TRANSIT FACILITY. WHEREAS, the City Council previously approved the Laredo Transit System budget on September 17,2007; and WHEREAS, the Federal Transit Administration through the Texas 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 $1,943,557.00; and WHEREAS, the local matching funds in the amount of$485,889.00 were allocated in the FY 2006-2007 budget and will be included in the FY 2007-2008 opening balance; and WHEREAS, The City Council finds it to be in the best interests of the City of Laredo, Texas, to accept the said grant TX-03-0299-00 in the amount of $1,943,557.00. NOW THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1. the City Manager is authorized to accept the Federal Transit Administration Grant of Section 5309 funds in the amount of $1,943,557.00; and Section 2. the City Manager is authorized to execute all necessary documents relating to the said Grant. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ___DAY OF ,2007. RAUL SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY ByU~111.Lk VALERIA ACEVEDO ASST. CITY ATTORNEY COUNCIL COMMUNICATION !DATE: ~UBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE !Amending the City of Laredo FY2007-2008 Airport Construction Fund annual budge 10-15-07 [by appropriating $100,000.00, which includes $50,000.00 from the Texas Department 0 ~ransportation Routine Airfield Maintenance Program (RAMP) Grant TXDOT CSJ No. !M822LREDO and transferring $50,000.00 in matching funds from the Airpofl Ioperating Fund; providing for an effective date. ~ITIATED BY: Jesus M. Olivares STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Director il'REVIOUS ACTION: City Council has accepted previous TXDOT Grants thereby amending the Airport Budgets. BACKGROUND: The RAMP Grant will be used to purchase materials for application ofairport pavement marking paint and reflective beads, airfield and parking lot electrical materials, supplies, airfield signs, fixtures, panels windsocks, and herbicide. The RAMP Grant will reimburse the Airport up to $50,000.00 in eligible expenses. The local match is available in our Airport Operations Fund. FINANCIAL: Annual Proposed Amended Budget Amendment Budget Airport Operational Fund: Building & Other Improvements 242-3610-583-2010 76,000.00 (50,000.00) 26,000.00 Transfer Out - Airport Construction 242-3605-597-0433 - 50,000.00 50,000.00 Airport Construction Fund: Transfer In - Airport Operations 433-0000-393-0242 1,962,941.00 50,000.00 2,012,941.00 TXDOT 2008 RAMP Grant Award 433-0000-323-2036 - 50,000.00 50,000.00 TXDOT 2008 RAMP Grant expense Acct 433-3679-582-3010 - 100,000.00 100,000.00 RECOMMENDATION: On October 9, 2007, the Airport STAFF: That the City Manager be Advisory Committee considered this item and recommends authorized to implement the proposed FY approval. 2007-2008 budget amendment. AN ORDINANCE AMENDING THE CITY OF LAREDO FY2007 2008 AIRPORT CONSTRUCTION FUND ANNUAL BUDGET BY APPROPRIATING $100,000.00, WHICH INCLUDES $50,000.00 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION ROUTINE AIRFIELD MAINTENANCE PROGRAM (RAMP) GRANT TXDOT CSJ NO. M822LREDO AND TRANSFERRING $50,000.00 IN MATCHING FUNDS FROM THE AIRPORT OPERATING FUND; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Texas Department of Transportation has approved a grant under the Routine Airport Maintenance Program being Grant Agreement CSJ No. M822LREDO in the amount of $50,000.00 for the purpose of airport airfield maintenance ofthe Laredo International Airport; WHEREAS, the Airport Director recommends that the City Council approve the proposed budget amendment to the City of Laredo FY 2007-2008 Airport Construction fund revenues and expenditures to recognize the Texas Department of Transportation Routine Airfield Maintenance Program (RAMP) Grant TXDOT CSJ No. M822LREDO for $50,000.00, and transferring out $50,000.00, local match from the Airport Operating Fund to the Airport Construction Fund, in furtherance of the development of the Laredo International Airport and as a support to the maintenance and operation of the Laredo International Airport, and authorizing the City Manager to implement said budget amendment as follows: Annual Proposed Amended Budget Amendment Budget Airport Operational Fund: Building & Other Improvements 242-3610-583-2010 76,000 (50,000) 26,000 Transfer Out - Airport Construction 242-3605-597-0433 50,000 50,000 Airport Construction Fund: Transfer In - Airport Operations 433-0000-393-0242 1,962,941 50,000 2,012,941 TXDOT 2008 RAMP Grant Award 433-0000-323-2036 50,000 50,000 TXDOT 2008 RAMP Grant expense Acct 433-3679-582-3010 100,000 100,000 WHEREAS, the City Council ofthe City ofLaredo is ofthe same opinion. Page lof2 Ordinance Amending FY 2007-2008 Budget (TxDOT RAMP GRANT) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section I: The City Manager be and is hereby authorized to amend the City ofLaredo FY 2007-2008 Airport Construction fund revenues and expenditures to recognize the Texas Department of Transportation Routine Airfield Maintenance Program (RAMP) Grant TXDOT CSJ No. M822LREDO for $50,000.00, and transferring out $50,000.00, local match from the Airport Operating Fund to the Airport Construction Fund, and authorizing the City Manager to implement said budget amendment. Section 2: This Ordinance shall become effective upon passage hereof. PASSED BY THE CITY COUNCIL AND APROVED BY THE MAYOR ON THIS THE DAY OF ,2007. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY By:~;f/.~~ VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY Page 2 of2 COUNCIL COMMUNICATION DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE 10/15/07 Amending the FY 2007-2008 9-1-1 Regional Administration Fund by decreasing revenues and expenditures in the amount of $69,798,00 for administrative, equipment and program budgets for Jim Hogg, Starr, Webb, and Zapata counties for the period beginning September 1, 2007 and ending August 31, 2008. INITIATED BY: STAFF SOURCE: Horacio A. De Leon, Jr., Assistant City Manager Jessica L. Hein, CASS Director PREVIOUS COUNCIL ACTION: Final Reading of Ordinance 2007-0-169 was held on September 17, 2007 City Council approved the 9-1-1 Regional Administration Fund by appropriating revenues and expenditures in the amount of $1 ,281 ,937.00. BACKGROUND: The Commission on State Emergency Communications (CSEC) approved the South Texas 9-1-1 Region's strategic plan on July 26,2007. FINANCIAL IMPACT: Annual Amended Budne! Amendment Budnet 2860 Administration 248,790 8,864 257,654 2862 Webb Countv 474,270 1119,567\ 354,703 2863 Jim HOM Countv 80,302 1,916 82,218 2864 Starr Countv 299,440 136,122\ 263,318 2867 Zanata Count" 94,037 13,681\ 90,356 2868 Renlonal Prooram 85,098 78,792 163,890 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Hold public hearing and introduce ordinance. ORDINANCE NO. AMENDING THE FY 2007-2008 9-1-1 REGIONAL ADMINISTRATION FUND BY DECREASING REVENUES AND EXPENDITURES IN THE AMOUNT OF $69,798.00 FOR ADMINISTRATIVE, EQUIPMENT AND PROGRAM BUDGETS FOR JIM HOGG, STARR, WEBB, AND ZAPATA COUNTIES FOR THE PERIOD BEGINN8NG SEPTEMBER 1, 2007 AND ENDING AUGUST 31,2008. WHEREAS, on September 17, 2007, City Council adopted fiscal year 2008 annual budget; and WHEREAS, the Commission on State Emergency Communications approved the 2008-2012 strategic plan for South Texas 9-1-1 Region as administered by the City ofLaredo on July 26, 2007; and WHEREAS, the strategic plan authorizes expenses for all administrative, program, and capital budgets for Jim Hogg, Starr, Webb and Zapata counties; and WHEREAS, the City Council held a public hearing and introduced this Ordinance on October 15, 2007. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: the FY 2007-20089-1-1 Regional Administration Fund is hereby amended as follows: Annual Amended Bud~el Amendment Bud~el 2860 AdmInistration 248,790 8,864 257,654 2862 WebbCountv 474,270 1119,567' 354,703 2863 Jim HoMO Count" 80302 1916 82,218 2864 Starr Countv 299,440 136,122\ 263,318 2867 Zanata Countv 94,037 13,6811 90,356 2868 Renlonal pronram 85,098 78,792 163,890 PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ______DAYOF ,2007. RAULG. SALINAS MAYOR ATTEST: APPROVED AS TO FORM: RAULC SO CITY GUSTAVO GUEVARA, JR., . MELISSA SA: ANA CITY SECRETARY ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City ofLaredo by authorizing a Conditional Use 10/15/07 Permit for an amusement redemption machine establishment on the East 2/3 Lot 4, Block 203; Lots 1,2 & part of3, Block 204 and the northerly 7,716 sq. ft ofJarvis Avenue Right-of-Way between Santa Barbara & Santa Clara Streets, Eastern Division, located at 1502 Zapata Highway. The Plan ning & Zoning Commission recommended denial ofthe Conditional Use Permit. ZC-55B-2005 Initiated by: Staffsource: Melida and Daniel Garcia, Jr. Keith Selman, Planning Director Prior action: The Council denied a request for a B-4 District on 08/15/05. BACKGROUND Council District: III - Michael Landeck Proposed use: Amusement redemption machine establishment Site: The site is currently a retail plaza. Warnings/Citations: A citation was issued on 07/23/07 for operating an amusement redemption machine es tablishment in a B-3 district. Surrounding land uses: The land north ofthe site includes a vacant lot, single-family residences, a manufac tured home and the creek. South ofthe site are single-family homes, manufactured homes, a tire shop, Ur bano's Mexican Restaurant, Rio Bravo Music Store, Paleteria "La Chueca", Gonzalez Auto Parts and Izaguirre Body Shop. West ofthe site are single family residences. East ofthe site are Benavides Service Center, Super Six Drive Thru, Neira's Auto Center, Novedades Paty, single-family residences and manufactured homes. Comprehensive Plan: The Future Land Use Map recognizes this area as Retail/Office. Transportation Plan: The Long Range Thoroughfare Plan identifies Zapata Highway as a Major Arterial. Letters sent to surrounding property owners: 29 In Favor: 0 Opposed: 0 STAFF COMMENTS Staff does not support the issuance ofthe proposed Conditional Use Permit at this location. An amusement re demption machine establishment requires a B-4 designation, rather than the current B-3 zoning district. The pro posed use is not compatible with the adjacent residential neighborhood. The hours ofoperation may create a nui sance for the single-family residential uses in the area. Should the Commission wish to consider approval, the following conditions are suggested: I. Parking shall comply with the Laredo Land Development Code at all times. 2. The C.U.P. shall be issued Melida and Daniel Garcia, Jr., and is nontransferable. 3. The C.U.P. is restricted to the activities described in letter, Exhibit "A", which is made part hereoffor all purposes. 4. The C.U.P. is restricted to the site plan, Exhibit "B", which is made part hereoffor all purposes. 5. The owner shall provide trees and shrubs in compliance with Land Development Code. 6. Provide a seven (7) ft. opaque wall adjacent to any residential uses or zones. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 5 to 0 vote, recommended denial Staffdoes not support the proposed condi ofthe conditional use permit. There was one abstention. tional use permit. ORDINANCE NO. 2007-0- AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR AN AMUSEMENT REDEMPTION MACHINE ESTABLISHMENT ON THE EAST 2/3 LOT 4, BLOCK 203; LOTS 1,2 & PART OF 3, BLOCK 204 AND THE NORTHERLY 7,716 SQ. FT OF JARVIS AVENUE RIGHT-OF-WAY BETWEEN SANTA BARBARA & SANTA CLARA STREETS, EASTERN DIVISION, LOCATED AT 1502 ZAPATA HIGHWAY; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a request has been received for the issuance ofa Conditional Use Permit for an amusement redemption machine establishment on the East 2/3 Lot 4, Block 203; Lots I, 2 & part of3, Block 204 and the northerly 7,716 sq. ft ofJarvis Avenue Right-of-Way be tween Santa Barbara & Santa Clara Streets, Eastern Division, located at 1502 Zapata High way; 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 20, 2007; and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has recom mended denial ofthe Conditional Use Permit; and, WHEREAS, notice ofthe zone change request was advertised in the newspaper at least fifteen (IS) 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 IS, 2007, 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 Conncil 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 I: The Zoning Map ofthe City ofLaredo be and is hereby amended by author izing the issuance ofa Conditional Use Permit for an amusement redemption machine estab lishment on the East 2/3 Lot 4, Block 203; Lots 1,2 & part of3, Block 204 and the northerly 7,716 sq. ft ofJarvis Avenue Right-of-Way between Santa Barbara & Santa Clara Streets, Eastern Division, located at 1502 Zapata Highway. I Section 2: The Conditional Use Permit is further restricted to the following provision herewith adopted by the City Council: I. Parking shall comply with the Laredo Land Development Code at all times. 2. The C.U.P. shall be issued to Melida and Daniel Garcia, Jr., and is nontransferable. 3. The C.U.P. is restricted to the activities described in letter, Exhibit "A", which is made part hereof for all purposes. 4. The C.U.P. is restricted to the site plan, Exhibit "B", which is made part hereof for all purposes. 5. The owner shall provide trees and shrubs in compliance with Land Development Code. 6. Provide a seven (7) ft. opaque wall adjacent to any residential uses or zones. 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: I. 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 2 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. 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 ,2007. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAULCA 0 CITY ARNEY .C. MCGET/ ICK IT¥-ATfORNEY 3 ) j ) Request for C.U.P. (Conditional Use Permit) City of Laredo Planning & Zoning . 1!'iO? I': II': ZC-55B-2005 4 9A 2 ~ 4 6 8 2 3 4 5 8 2 3 4 6 6 1 -'1429r 3 1j327 10 8A ~ '4~ 2 12 11 8 7 2 -3 11 B-3 12 11 '0 9 8 7 11A • 7 '2 BISMARKST BISMARKST 55.56' 65.5.' 'A Ii ,'It 4A 1 2 , 2 • 4 1 2 3 4 8 v, .P. 8 , 2 8 , • •• • 4 • 2A I-+-I--fi",';<47;;~H-+--~: 11 '0 8.!i'~ 11 10 9 7 Il 3 11 12 11 '0 • • 1 11... 9 8 12 11 ;~087~~ • '2 12 11 '0 • NAPOLEON ST 555.' ...... , 2 • B-3I-HH 2 • 4 1 1 2 2 • 4 123 1 2 3 4 • • 2 • 4 • • , 2 • I!.'~ l!'~ """; '0 7 7 • 88776655 11 11 • • '2 11 '0 11 • . '-----'----''2 • '2 • SANTA BARBARA ST SANTA BARBARA ST 66.66' 55.56' ~ ~ I 2 , , 4 l~'j21~2L'J·tel~~~II~>J~j 1-...-...... 1--...-...... ,.-1 • • 3A 3 4 4 204 ~ .-3 ~ ~J (!4J!, / ID- 3A 4A SA SA 7A 1A 2A 3A 12 ~y • 7 6 6 5 5 8 7 ~470:~- a 7 2 2A 7 l- • • B.ft' • • • ~ SANTA CLARA ST • 2 • 4 2 • 45• •AI i /4 , 2 • 2 • 4 • · , It_, I &;1#. I ,. f-+-t-II=i2i20;S.f--""/...... r '4 §) ~ -- R3 8 7 • • 12 11 10 7A cf?I /110 9 8 7 12 11 10 9 8 7 12 11 10 9 • 7 t.1 'OA t :::::;:===:::~r-;:::::::~::::~;--: ifi8 ~ ~ '-p.J"CL.A-N.JSL.T-'-.l.-...L--I W !/ B.3 t( It) 55.56' ~ 'i' " ~-,...::....._-,~ r-=:::"..,--;r-,.-., , f-_'_+__'2_--i~ f8f--'-TPr-';:2:-f1 "';-1_'_+-_'_2_--1 "'2 '2 '2 8 B 1 "_-l~ 11 2 2 11 11 11 123456 1--_2--1__ ml-.=2_-+'13_'_'-II / 2 I--+--i~ '0 1-_'_-fB=--1=--_'°--l"I+~~·~~-::,o~/i--I '0 • 8 "18 • 1-+--l=r.;:'4;;;8~• .....,1-..7--1~ tli 4 8 4 R. •/ I 4 • 4 8 R·3 8 8C 12 11 10 9 • • 1-'---B-3l-{8/ I • • • 8 • 7 8 7/ 7 8 7 ZONE DISTRICTS W+E o Zone Districts S ~ PROPOSED REZONE 1 inch equals 222 feet ) ) August 29, 2007 To Whom It May Concern: My name is Rafael D. Cortez, President ofR.D. Cortez Inc. We have an business at 1502 S. Zapata Hwy that is in a B3 zone and I have applied for a B4 zone change which was denied. Council did, however sent it back to Planning and Zoning so that they would work with me to acquire a Conditional used permit. My business is an amusement center which is commonly referred to as "Maqninitas". We have approximately 70 machines and I have three people that work there. We give plenty ofprizes and are usually open from 11 :OOam to 2:00am. Itwill be almost four years in November that we have been there and never once have we had any problems, either with the police or with the neighbors. We abide by whatever laws or ordinances that have been placed before us. Our machines all have the necessary permits from the state ofTexas and we also want to be in compliance with the City of Laredo. Please be advised that we have approximately 1,700 sq. ft. ofleased area. I would adhere to whatever recommendations placed forth by you regarding the operation ofmy business. Thanking you in advance, I remain. R. D. Cortez Inc. ~~~ President .f·· _ .. _ .. _ .. p;:;;pjin~ '(183..5') ., -_ .• -_ •• -_ •• _~ . 24'-6"1 . 151J'..O" ~ ~ I '/.1./'./';"";././';;';;././'./;;;;;;)./;';);;)';' ~f/~ ",.i? ~ ~. r f..II N I ~ i Parking e II ~ ~ entry/exit "" J U- ~ ~ NJ ~ "". & ~/~ -+ :!! - --i> ..:: --i> -0;, ! \\\\\~a\~\\\\\l l l/I' \ ~ --i> . I, (.~ .1J.. C\i~~i2i~~\]..l.-.-! ..._ .. _.... _.lJ ~ r . prop line (240') ~ entrylexit sidewalk ~ Santa Barbara St RE ZONING SITE PLAN 1"'= 30''Q'' COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City ofLaredo by authorizing a Conditional Use 10/15/07 Permit for auto sales on Lot 4, Block 899, Eastern Division, located at 307 N. Meadow Avenue. The Planning & Zoning Commission recommended denial ofthe Conditional Use Permit. ZC-54b-2007 Initiated by: Staffsource: Nicolas Cortez Keith Selman, Planning Director Prior action: None BACKGROUND Council District: III - Michael Landeck Proposed use: Auto Sales Site: Vacant Warnings/Citations: None Surrounding land uses: The land north ofthe property includes single-family residences, manufactured homes and apartments. East ofthe site include single-family residences, Calvary Center, manufactured homes and apaltments. To the south ofthe site are Pronto's Meat Market, Lily's Food Stand, manufactured homes and single-family residences. West ofthe site includes the South Texas Primary Care Inc., Webb County Co ordinator's Office Head Start, Cecilia Moreno Park and single-family residences. Comprehensive Plan: The Future Land Use Map recognizes this area as Retail/Office. Transportation Plan: The Long Range Thoroughfare Plan identifies Meadow Avenue as a M'\ior Collector. Letters sent to surrounding property owners: 33 In Favor: 0 Opposed: I STAFF COMMENTS Staff does not support the issuance ofthe proposed Conditional Use Permit at this location. Auto sales require a B-3 designation, rather than the current B-1 zoning district. The proposed use is not compatible with the sur rounding residential uses. The proposed site is forty-six feet in width and has limited area to accommodate the auto sales use and necessary parking. Should the Commission wish to consider approval, the following conditions are suggested: I. Parking shall comply with the Laredo Land Development Code at all times. 2. The C.U.P. shall be issued Nicolas Cortez, and is nontransferable. 3. The C.U.P. is restricted to the activities describe in letter, Exhibit "A", which is made part hereof for all purposes. 4. The C.U.P. is restricted to the site plan, Exhibit "B", which is made part hereoffor all purposes. 5. The owner must plant and maintain four (4) trees and 12 shrubs in compliance with the Land Development Code. 6. Provide a seven (7) ft. opaque wall adjacent to any residential uses or zones. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 5 to 1 vote, recom Staffdoes not support the proposed conditional use mended denial ofthe conditional use permit. permit. ORDINANCE NO. 2007-0- AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR AUTO SALES ON LOT 4, BLOCK 899, EASTERN DIVISION, LOCATED AT 307 N. MEADOW AVENUE; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a request has been received for the issuance ofa Conditional Use Permit for auto sales on Lot 4, Block 899, Eastern Division, located at 307 N. Meadow 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 20, 2007; and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has recom mended denial 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 15,2007, 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 th(j 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 I: The Zoning Map ofthe City ofLaredo be and is hereby amended by author izing the issuance ofa Conditional Use Permit for auto sales on Lot 4, Block 899, Eastern Di vision, located at 307 N. Meadow Avenue. Section 2: The Conditional Use Permit is further restricted to the following provision herewith adopted by the City Council: I. Parking shall comply with the Laredo Land Development Code at all times. 2. The C.U.P. shall be issued Nicolas Cortez, and is nontransferable. 3. The C.U.P. is restricted to the activities describe in letter, Exhibit "A", which is made part hereoffor all purposes. I 4. The C.u.P. is restricted to the site plan, Exhibit "B", which is made part hereoffor all purposes. 5. The owner must plant and maintain four (4) trees and 12 shrubs in compliance with the Land Development Code. 6. Provide a seven (7) ft. opaque wall adjacent to any residential uses or zones. 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: I. 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 Conncil 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 ,2007. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY BY: ANTHONY C. MCGETTRICK ASSISTANT CITY ATTORNEY 3 ) / August 27 2007 To whom Correspond In 307 N. Meadow Lot 4, Block 899 Eatern Division we need a permission for the earthly one B-1 to B-3 for a lot of car only the permission is to sell cars we dorit have no employees and the schedule goes will be of 10:00am to the 7:00pm only we will have an average from 10 to 15 cars ATT:;u?~~ NICOLAS CORTEZ 50- ()' }------_._.__.. }---_._._----..- I ~] \ I I B ~1 I G--l-C.CIY r I ,---'-- o :J EJ I ~Cj;'r \ ..., E~~:~] ~~1 [==:~~J ~;~=I:] (\l [;~!J ill. -c. D \)1' tS o-. o :J " 307 .J. Meadow Aven... ) COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City ofLaredo by rezoning Lots 10, 11 and 10/15/07 12, Block 892, Eastern Division, located at 1602 Rosario Street and 1005 N. Meadow Ave- nue, from R-I (Single Family Residential District) to R-2 (Multi-Family Residential Dis- trict). The Planning & Zoning Commission recommended approval ofthe zone change. ZC-57-2007 Initiated by: Staffsource: Nicolas Lanese Keith Selman, Planning Director Prior action: None. BACKGROUND Council District: III - Michael Landeck Proposed use: Duplex Site: Two Single-family residences Surrounding land uses: West ofthe site are single family residences, Subway Restaurant and apart- ments. To the south ofthe site are single-family residences, a duplex, Hector's Auto Repair, Citgo, Safety Glass and Bronco Auto Parts. To the north are single family residences, Diamond Shamrock, Affordable Insurance and Joy Dollar Store. To the east ofthe site are single-family residences and the Mesquite Apartments. Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential. Transportation Plan: The Long Range Thoroughfare Plan identifies Meadow Avenue as a Major Collector and does not identify Rosario Street. Letters sent to surrounding property owners: 20 In Favor: 2 Opposed: 2 STAFF COMMENTS The proposed zone change is appropriate at this location. Although the intended R-2 designation is not consistent with the Comprehensive Plan's designation for this area as Low Density Residential, the surrounding land uses and zoning pattern are compatible with the zone change request. The loca- tion at the intersection with Meadow Avenue, a road with heavy traffic, makes it more compatible with an R-2 district. Due to the size ofthe property, the site is still in conformance with the Low Density Residential Guidelines ofthe Comprehensive Plan. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recommended Staffsupports the proposed zone change. approval ofthe zone change. COUNCIL COMMUNICATION IMPACT ANALYSIS R-2 (Multi-Family Residential District): The purpose ofthe R-2 is to provide an area for higher density residential uses and those public and semi-public uses normally considered an integral part of the neighborhood they serve. Is this change contrary to the established land use pattern? No, the established land use pattern includes multi-family residential uses. Would this change create an isolated zoning district unrelated to surrounding districts? No, there are other R-2 districts in the surrounding area. Will change adversely influence living conditions in the neighborhood? No, this is already an area ofhigh traffic and congestion due to its location at the intersection with Meadow Avenue. Are there substantial reasons why the property can not be used in accord with existing zoning? Yes, the current zoning only allows for single-family residences. ORDINANCE NO. 2007-0- AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING LOTS 10, 11 and 12, BLOCK 892, EASTERN DIVISION, LOCATED AT 1602 ROSARIO STREET AND 1005 N. MEADOW AVENUE, FROM R-l (SINGLE FAMILY RESIDENTIAL DISTRICT) TO R-2 (MULTI-FAMILY RESIDENTIAL DISTRICT) AND PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION. WHEREAS, a zone change has been requested by the owners of Lots 10, 11 and 12, Block 892, Eastern Division, located at 1602 Rosario Street and 1005 N. Meadow Avenue, from R-l (Single Family Residential District) to R-2 (Multi-Family 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 20,2007, 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 15, 2007, 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 I: The Zoning Map ofthe City ofLaredo be and is hereby amended by rezon ing Lots 10, 11 and 12, Block 892, Eastern Division, located at 1602 Rosario Street and 1005 N. Meadow Avenue, from R-l (Single Family Residential District) to R-2 (Multi-Family Residential 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 ,2007. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY BY: ANTHONY C. MCGETTRICK ASSISTANT CITY ATTORNEY 2 ) ) Rezone from R-1 (Single Family Residential) to R-2 (Multi-Family Residential District) City of Laredo Planning & Zoning ZC-576 2007 . 1 f;n' C~O' '"'" !':t - • ~ I~ ~ 6 ~ -6 5 12 11 10 9 6 7 12 11 10 9 8 7 8 5 E-1 7 12 11 10 9 7 12 11 10 9 8 7 18-3 - LAREDOST '-- ~1 55.56' - 1 2 3 5 6 1 2 3 4 5 6 I- 4 5 6 B-1 2 4 5 6 1 2 3 4 6 1 ''2"7,;", 1 621 690 92,", ~ 13 ~8~ 6 7 12 11 10 Li:. 12 10 9 8 7 12 11 10 C. .P. 7 12 11 10 9 8 7 7A 8 B-3 - ~ ;:18 INDUSTRIAL COLLECTOR GUADALUPE ST - B-3 o· B-3 55.56' - ~ill ;-- B-~ 3 4 5 6 1 2 3 4 5 6 1 2 '" 6 5 4 3 2 1 1 2 38 4 5 5 6 1 2 3 4 4 1 ~ 820 926 It ~ ~ 10 -, ~ 12 11 "illz 12 11 8 71? 5 :8' 11 10 9 6 7 10 9 8 7 7 8 11 B-1 10 9 8 7 6 6 • R- B-' ::i, -3 g"i'l12 12 11 P .!n III 12 ~ .>- ill - cHrHuAliluA ST ;S' w INDU RIAL COLLECT R'---- R-O 55.56' o III ~ - ,.-- 5A "illz -.. B- C.U.P. w 1 RO 5 6 1 2 3 7A 2 4 '- 1 -1 3 4 R 0 12 F-2 10 9 6 7 1 2 3 4 5 6 1 -I- 4 2 5 6 " 11 6 '--, 792 892 924 81!!J ~ 6A 12 11 10 9 6 7 12 11 10 9 8 7 9 6 7 1 2 3 4 5 6 12 10 9 6 7 8 8 I-- -- R-2 ROSARroST R-1 - 55.56' -, 1A 2A 3A 6 1 2 3 4 5 6 1 2 3 4 5 6 4 5 6 1 22 3 4 5 6 ~ 2 18 28 38 g- - ;;;Ill 616 893 ITITIIJ 992 79~ 12A 11A lOA 9~ "ill 9 7 Zw 8 7 7 7 12 11 10 9 12 11 10 9 8 7 9 8 7 12 11 10 9 ~_ 12 11 10 8 7 iii 118 108 b a-< 8 128 '-- ~ '-- te' MAJOR COLLE 70R MARKETST R-O 5~ 55.56' B-3 I- ;-- "ill 2 3 >-w 6 10 12 3 4 .U.. ZONE DISTRICTS o Zone Districts ~ PROPOSED REZONE 1 inch equals 245 feet ) ) IP... lINE -Q1),QQ' , --,, , I II , , it ' "' -- ~ROP. i:fN'E"" 6O'OO~ ~ -J \ -~------1005 MEADO\J 28'-6" 56'-0" 26'-8" 27'-6" 1'-6" r __PR9?...:-~I.!'J_E ~~_EN~~1 ! n-~ -~ : ~ EXISTING : 'T ~ B1 ,.. 1 GARAGE ! iZI i f ~!. EXISTING !w Qi ~ 2 STORY .'li3 s ~: u:; HOUSE .....j!:::.. 18 :1 ;. '..' j!Z! W, ','" ',..t- I~ '.~' Z,::JI .'.. \.. -... . ."}-l::10.: I~ , 0..:. .",.". "0 0· , :,In:::: 1602 ROSARIO ------ o !3.~~~~I~G SITE PLAN COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City ofLaredo by rezoning Lots lA and 2A, 10/15/07 Block 893, Eastern Division, located at l601, 1603 and 1605 Rosario Street, from R-l (Sin gle Family Residential District) to R-O (Residential/Office District). The Planning & Zon- ing Commission recommended approval ofthe zone change. ZC-61-2007 Initiated by: Staffsource: Frank Sisters Rentals, Inc. Keith Selman, Planning Director Prior action: None. BACKGROUND Council District: III - Michael Landeck Proposed use: Apartments and Office Site: Duplex Surrounding land uses: West ofthe site are single family residences, Subway Restaurant and apart ments. To the south ofthe site are single-family residences, a duplex, Hector's Auto Repair, Citgo, Safety Glass and Bronco Auto Parts. To the north are single family residences, Diamond Shamrock, Affordable Insurance and Joy Dollar Store. To the east ofthe site are single-family residences and the Mesquite Apartments. Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential. Transportation Plan: The Long Range Thoroughfare Plan does not identify Rosario Street. Letters sent to surrounding property owners: 18 In Favor: 2 Opposed: 2 STAFF COMMENTS The proposed zone change is appropriate at this location. Although the intended R-0 designation is not consistent with the Comprehensive Plan's designation for this area as Low Density Residential, the smrounding land uses and zoning pattern are compatible with the zone change request. The loca tion at the intersection with Meadow Avenue, a road with heavy traffic, makes it more compatible with an R-0 district. The request is compatible with the zoning pattern in the area. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recommended Staffsupports the proposed zone change. approval ofthe zone change. COUNCIL COMMUNICATION IMPACT ANALYSIS R-O (Residential/Business District): The purpose ofthe R-O is to allow a mix ofresidential and limited businesses and which would restrict the residential to not more than three dwellings on the site, and the businesses to office uses, and very limited commercial. Is this change contrary to the established land use pattern? No, the land use pattern along Meadow Avenue has many commercial uses. Would this change create an isolated zoning district unrelated to surrounding districts? No, there is a B-3 district to the south along Meadow Avenue. Will change adversely influence living conditions in the neighborhood? No, this is already a corridor with a mix ofcommercial and residential uses. Are there substantial reasons why the property can not be used in accord with existing zoning? Yes, the current zoning allows only for residential uses. ORDINANCE NO. 2007-0- AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING LOTS IA AND 2A, BLOCK 893, EASTERN DIVISION, LOCATED AT 1601, 1603 AND 1605 ROSARIO STREET, FROM R-I (SINGLE FAMILY RESIDENTIAL DISTRICT) TO R-O (RESIDENTIAL/OFFICE DISTRICT) AND PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION. WHEREAS, a zone change has been requested by the owners of Lots IA and 2A, Block 893, Eastern Division, located at 1601, 1603 and 1605 Rosario Street, from R-I (Single Family Residential District) to R-O (Residential/Office 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 20,2007, 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 IS, 2007, 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 I: The Zoning Map ofthe City ofLaredo be and is hereby amended by rezon ing Lots IA and 2A, Block 893, Eastern Division, located at 1601, 1603 and 1605 Rosario Street, from R-I (Single Family Residential District) to R-O (Residential/Office District). Section 2: This ordinance shall be published in a manner provided by Section 2.09 (D) ofthe Charter ofthe City ofLaredo. I Section 3: This ordinance shall become effective as and from the date ofpublication specified in Section 2. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ____DAY OF ,2007. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY 2 ) ) Rezone from R-1 (Single Family Residential) to R-O (Residential-Office District) City of Laredo Planning & Zoning Location' 1601 ROSARIO ZC-61-2007 , 8 I' 8 12 11 10 121 1A 1 10 9 8 , 12 11 10 9 C. .P. , 12 11 'A L- GUADALUPE ST INDUSTRIAL COLLECTOR 55.56' B-3 I-~ 1 2 3B 3 5 6 1 2 3 4 5 6 6 5 4 3 2 1 1 2 3. 4 5 5 6 1 4 L. 820 I~ 92. t lill. w ,,18 12 11 10 i( ~:8 11 , 11 10 9 8 , 10 9 8 , , :5- 12 9 8 9 11 B-1 O~ 10 9 'B- 8 8 12 11 Bill R- :» 12 12 z w CHIHUAHUA SI INO TRIAL COllECTOF R-O 55.56' '" 5A C.U.P. 0: 1 2 3 R 0 5 6 1 2 3 B- 0 >- 11-1 3 4 5 R 0 -2 ,R 0 4 4 10 9 , 1 2 irl 2 6 12' 11 - ~ 5 ~ I' 0 ~ '92 892 924' ~ 0: 0 12 11 10 ~ 12 11 10 9 , , 12 11 10 9 8 , 9 8 , 1 2 3 4 5 6 12 1 12 11 10 ROS!'oR1OST R-2 55.56' R-1 Q V 3A 6 1 2 3 4 5 4 5 6 1 2 3 4 5 6 6 Y 1 2 3 4 5 6 1 2 1. 2. 3. 918 '9' l!"E 12A 11A 10A 9~ 10 , 12 11 10 9 ,, 12 11 10 9 ,, 9 8 , 12 11 9 8 , 12 11 B-3 12. 118 10. -0 ~ w- ~ tn~ 0:- ~ill R-O 5~ MARKETST ",ill 55.56' ~ >-w 617 894 ~ 12A ~ , 10 9 8 , 12 11 10 9 8 w 12 11 10 9 8 , 12 11 10 9 8 , 10 9 11A i( o·>=18 CORTEZST 51 ill 55.56' R-3 w R-1 '" 5 6 0 1 2 3 4 5 6 1 2 3 4 5. 6 1 2 3 4. 5. 6 1 2 2 3 4 .U. 1 2 7951 '895 ZONE DISTRICTS o Zone Districts W*E Proposed Rezone S ~ ZC-61-2007 1 inch equais 196 feet 'r • , " " ) I , ~------~ I, I, I , L I , , I I, I I , I ~I~",;;, ~;; ",,' ! I °l~~: O~ ~Ie I I, rI I, ;v<;;r I I, I , %1 ;; I ~ "' , ,6'LL .0'11'8 HUlON ~ ~:;; I, (8/8 ~£ .... 'M'O'M ...'..9S~ _ ------I--,------SAV .llOaVSN I .1 ) ) 1 COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City ofLaredo by rezoning Lots I and 2, 10/15/07 Block 1136, Eastern Division, located at 2711 Urbahn Avenue, from R-3 (Mixed Residential District) to R-I (Single-Family Residential District). The Planning & Zoning Commission recommended approval ofthe zone change. ZC-62-2007 Initiated by: Staffsource: Gloria Ruiz Keith Selman, Planning Director Prior action: None BACKGROUND Council District: IV - John Amaya Proposed use: Residential Site: The site has a manufactured home and a single-family residence. Surrounding land uses: The surrounding land uses are town-homes, single-family residences, apartments and Holguin Cleaners to the west. To the south are single-family residences and apartments. To the north are single-family residences, Nixon High School and multi-family residential. To the east are Pronto Meat Market and single-family residences. Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential. Transportation Plan: The Long Range Thoroughfare Plan does not identify Urbahn Avenue. Letters sent to surrounding property owners: 23 In Favor: I Opposed: 0 STAFF COMMENTS The proposed zone change is appropriate at this location. The change is consistent with the Comprehensive Plan's Low Density Residential designation. The proposed request is compatible with the surrounding uses. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recommended Staffsupports the proposed zone change. approval ofthe zone change. Page 1 of 2 COUNCIL COMMUNICATION IMPACT ANALYSIS R-t (Single Family Residential District): The purpose ofthe R-l District is to provide an area for residential uses and those public and semi-public uses normally considered an integral part ofthe residential neighborhood they serve. Is this change contrary to the established land use pattern? No, the established land use pattern is primary low density residential in nature. Would this change create an isolated zoning district unrelated to surrounding districts? Yes, the surrounding zones are primarily R-3. Will change adversely influence living conditions in the neighborhood? No, the proposed R-l district allows for less intense uses. Are there substantial reasons why the property can not be used in accord with existing zoning? No, the proposed zone allows for sufficient residential uses. o Page 2 of 2 ORDINANCE NO. 2007-0- AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING LOTS 1 AND 2, BLOCK 1136, EASTERN DIVISION, LOCATED AT 2711 URBAHN AVENUE, FROM R-3 (MIXED RESIDENTIAL DISTRICT) TO R-I (SINGLE FAMILY RESIDENTIAL DISTRICT) AND PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION. WHEREAS, a zone change has been requested by the owners of Lots 1 and 2, Block 1136, Eastern Division, located at 2711 Urbahn Avenue, from R-3 (Mixed Residential Dis trict) to R-I (Single Family 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 20,2007, 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 Conncil has held a public hearing on October 15,2007, 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 1 and 2, Block 1136, Eastern Division, located at 2711 Urbahn Avenue, from R-3 (Mixed Residential District) to R-I (Single Family Residential 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 ,2007. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATT RNEY C. MCGETTRICK Y ATTORNEY 2 ) Rezone fro~ R-3 (Mixed Residential District) to R-1 (Single Family Residential) City of Laredo Planning & Zoning Location: 2711 Urbahn ZC-62-2007 • , 4 5 ~ ~ 1-3 R-1 10 9 8 7 6 10 9 8 7 6 10 pcorvfST ' 55.'i6~ r- r- 3A 4A 'A ,1-+-1 , 3 4 , 3 4 1 , 3 4 '345F1,I345 3 4 112341 B- 1-:::1--.,L...,\--f-l 1~ ~ I- ~ ~6 J!~ 5 10 8 Ji6 5 8' 8 I 5 8A '61_3 6 8 , 6 5 10 r:- 1'234-AI 9 I 8 , R-3 ~~~I~~~ FR)srJ':"L- FROST·ST L..... ,-,.:.;=:..,-, r r-55.561i-',....-..,,--, R-1 ~.56· 1A 2A 3 ~IJ 4 1 1 2 23 3 4 123456 4 '3 123456 123 4 56!~[ 10 /:!!i8 1 ~ r - . 1 --,199"424"",J ,70T"T'",""t---j r~ ~WI""[T I- 1364 I- I-!r ill-' 1--9 +-IE 1l::jj-:f.: "03 ... rr '" 6 5 ~ 7A 6 5 8 7 6 6 5 J*~ ....:=r-l 12 11 10 9 8 7 8 7 6 5 12 11 10 9 8 7 ." SA 7A I-' SA I 12 11 10 9 8 7 r 12 9 1] L..- t'i'ON ST L..- '- ~~rrr-r- ~ 1 , 1 2 3 4 5 6 12345,6 1 5 6 123456 U. 3 4 5 2IT 1 ':t3 4 5 6 ~ ~ 1102 I- 1232 L~ 1A 2A 3A 4A SA 6A 12 11 10 9 8 7 12 11 10 9 8 , 10 .~' -, 6 12 11 10 9 8 7 12 11 10 9 8 7 1211 10 9 8 7 1 1 12) 11 1049A 8A 7A l.-.- '-KEARNEY' ST ...J 55.5p,:",~ lA 6A R:>~ ~E-1 I-- ' 3 4 5 123456 3 , 3 4 5 123456 18 68 B><: 56 12 1 10 9 8 7 1101 94~ ,~1136 1415~ , 6 13 18 8 5 12 11 10 9 8 7 6 , 12 11~. 9 8 7 Tf6T17 , 8 I~ 6 , 1211 ~ 12 11 1°1 9 12 24 23 22 21 20 19 1 L- L- PRICE.ST 55.56' 123456 123456 123456 123456 1 ,IRl3 5 6 , 3 4 ,I 3 4 1-1-b::~1-11-1 I~ k I.@J 8 , 12 12 11~ 6 12 11~ 8 ~ 11 10 9 8' 12 11 10 9 3' 8 5 , 11r019 '.'!! ,i: rf. 6 6 5 12 ill I-L..JLJ-l.--'-_~ _.I-L..J-l-l.--'--iif::;,~~~~~ LLLLJLJL.jS'EWART"ST I:~ ~, :J ~ 55.56' ~ 123456 1 2 3 4 5 6I ~ 2 3 4 5 6 1 2 3 41B'~ ~ ~ 2 3 4 B 1 3 4 5 6 1 2 3 4 5 6 936 "'1 56z:R , " '!! ,. I-J-Jc~1-1- f-' ~099I- " r--'T-r-i22 I.n • I, 0 < ,n 1a I 0 I, 1 A ZONE DISTRICTS o Zone Districts IZ83I PROPOSED REZONE 1 inch equals 319 feet ) KEARNEY STREET (55.5S'-R.O.W. -';:-31' Bief ~ ~ -M _~ M_M_M_M_M_~_M_M_M_M_M_M 1--1- V --+ r-=:~i> I ~ LOTS 1 " 2 i1\ BLOCK 1136 \ \ 2 • ~ '1.2' Z Lot " F ~ Covere 1.3' Concrete Driveway ~' ,," , "?~&n'e< ' r ",S!ob '.', • Covered I Porch i i i Covered Dock r 22.5' Retaining Wall 120' Set 1/2" 93.70' encfj..- Iron Rod Come~ t.O? • Pow.- Pelt • co • Qean Out Lot 12 Lot 11 ~~ -M-llI£- COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City ofLaredo by rezoning 6.68 acres, as 10/15/07 further described by metes and bounds in attached Exhibit "A", located at 11,000 Interna- tional Boulevard, from R-l (Single Family Residential District) to R-2 (Multi-Family Resi- dential District). The Planning & Zoning Commission recommended approval ofthe zone change. ZC-64-2007 Initiated by: Staffsource: San Isidro Northeast, Ltd. Keith Selman, Planning Director Prior action: None. BACKGROUND Council District: VI - Gene Belmares Proposed use: Multi-family residential Site: Vacant Surrounding land uses: The surrounding uses are vacant and under development in all directions. Comprehensive Plan: The Future Land Use Map recognizes this area as High Density Residential. Transportation Plan: The Long Range Thoroughfare Plan identifies International Boulevard at this location as a Minor Arterial. Letters sent to surrounding property owners: 1 In Favor: 1 Opposed: 0 STAFF COMMENTS The proposed zone change is appropriate at this location. The proposed zone change is consistent with the Comprehensive Plan's designation for this area as High Density Residential. The request is in conformance with the approved master plan for San Isidro Northeast Subdivision. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recommended Staffsupports the proposed zone change. approval ofthe zone change. COUNCIL COMMUNICATION IMPACT ANALYSIS R-2 (Multi-Family Residential District): The purpose ofthe R-2 is to provide an area for higher density residential uses and those public and semi-public uses normally considered an integral part of the neighborhood they serve. Is this change contrary to the established land use pattern? No, there is not an established land use pattern. Would this change create an isolated zoning district unrelated to surrounding districts? Yes, the surrounding districts are all R-I. Will change adversely influence living conditions in the neighborhood? No, the request is compatible with the proposed development. Are there substantial reasons why the property can not be used in accord with existing zoning? Yes, the current zoning only allows for single-family residences. ORDINANCE NO. 2007-0- AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 6.68 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A", LOCATED AT 11,000 INTERNATIONAL BOULEVARD, FROM R-l (SINGLE FAMILY RESIDENTIAL DISTRICT) TO R-2 (MULTI-FAMILY RESIDENTIAL DISTRICT) AND PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION. WHEREAS, a zone change has been requested by the owners of 6.68 acres, as further described by metes and bounds in attached Exhibit "A", located at 11,000 International Boulevard, from R-l (Single Family Residential District) to R-2 (Multi-Family 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 20,2007, 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 15,2007, 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 6.68 acres, as further described by metes and bounds in attached Exhibit "A", located at 11,000 International Boulevard, from R-l (Single Family Residential District) to R-2 (Multi Family Residential 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 ,2007. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY AT ORNEY 2 ) ) Rezone from R-1 (Single Family Residential) to R-2 (Multi-Family Residential District) City of Laredo Planning & Zoning ZC-64-2007 UNPLATTED UNPLATTED ~ nR.1 UNPLATTED B..3 10 6 2 9 ZONE DISTRICTS o Zone Districts m ZC-64-2007 1 inch equals 833 feet ) ) AUgust 28,2007 STATE OF TEXAS' COUNTY OF WEBB' SAN ISIDRO NORTHEAST PARCEL 2 6.6802 ACRES LEGAL DESCRIPTION OF A 6.6802 ACRE PARCEL OF LAND, MORE OR LESS, BEING OUT OF A 582.4237 ACRE PARCEL CALLED TO CONTAIN 580.55 ACRES MORE OR LESS, RECORDED IN VOLUME 1450, PAGES 868·873, OFFICIAL PUBLIC RECORDS OF WEBB COUNTY, TEXAS. SAID 6.6802 ACRE PARCEL, SITUATED IN PORCION 20, ABSTRACT 48, ORIGINAL GRANTEE BAUTISTA GARCIA, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS FOLLOWS: Commencing at a found Y. inch iron rod situated on the northerly right-of-way line of Bob Bullock Loop, being the southeasterly corner of Lot 1, Block 4, San Isidro East Point Center Subdivision, Unit 1, recorded in Volume 20, Pages 36 38, Plat Records of Webb County, Texas, same being the southwesterly corner of a 12.05 Acre Tract recorded in Volume 926, Pages 614-617, Official Public Records of Webb County, Texas and the southwesterly corner of said 582.4237 Acre Parcel. Thence, N36'18'43"E, a distance of 2,968.38 feet to a Y. inch Iron rod being an exterior corner of San Isidro Northeast, Phase I, recorded in Volume 27, Pages 4-8, Plat Records ofWebb County, Texas, for the POINT OF BEGINNING of this 6.6802 acre parcel of land and the most southerly southwest corner hereof, Thence, N09'51'52'W, with the common division line of herein described parcel and said San Isidro Northeast Subdivision, Phase I, a distance of 28.63 feet to a Y. inch iron rod, for the most westerly southwest cornsr hereof; Thence, along a non-tangent curve to the left with a chord bearing N18'09'15"E, 653.67 feet, subtended by an arc having a radius of 1,200.00 feet, a distance of 662.04 feet with the common division line of herein described parcel and said San isidro Northeast Subdivision, Phase I, to a found Y. inch iron rod, for a point oftangency hereof; Thence, N02'20'58"E, with the common division line of herein described parcel and said San Isidro Northeast Subdivision, Phase I, a distance of 180.00 feet to a found Y. inch iron rod, for the northwesterly corner hereof; Thence, N47'20'58"E, with the common division line of herein described parcel and said San Isidro Northeast Subdivision, Phase I, a distance of 28.28 feet to a found Y. inch iron rod, for an exterior corner hereof; RZ·PARCEL2.rtf Page 1 of2 ) ) Augus128,2007 Thence, S87'39'02"E, with the common division line of herein described parcel and said San Isidro Northeast Subdivision, Phase I, a distance of 93.45 feet to a found % inch iron rod, for a point of curvature hereof; Thence, along a tangent curve to the left, with a chord bearing N89'58'OO"E, 186.71 feet, subtended by an arc having a radius of 2,245.00 feet, a distance of 186.76 feet, with the common division line of herein described parcel and said San Isidro Northeast Subdivision, Phase I, for the northeasterly corner hereof; Thence, S02'20'58'W, with the easterly line of herein described parcel, a distance of 207.75 feet, for a point of curvature hereof; Thence, along a tangent curve to the right, with a chord bearing S18'43'25'W, 845.75 feet, subtended by an arc having a radius of 1,500.00 feet, a distance of 857.37 feet, with the easterly line of herein described parcel, for the southeasterly corner hereof; Thence, N54'09'56'W, wtth the southe~y line of herein described parcel, a distance of 280.03 feet, for said POINT OF BEGINNING, containing within these metes and bounds 6.6802 acres, more or less. RZ·PARCEL2.rtf Page2of2 ) SAN ISIDRO NORTHEAST SUBDIVISION, PHASE 1 ~ VOL. 27, PGS, 4-8, P.R.W.C.T. o I 200 1'1 1"'11 11"']°"1,1 JUAN ESCUTIA BLVD. (90 R.c.W.) L4 C2 582.4237 (AClUAL) 580.55 ACRES (CALLED) VOL. 1450, PGS, 868-873, G,P.R.W.C.T. (REMAINDER) PARCEL 2 6.6602 ACRES SAN ISIDRO NORTHEAST SUBDIVISiON, PHASE 1 VOL, 27, PGS. 4-8, P.R.W.C.T. C3 582.4237 (ACTUAL) 580.55 ACRES (CALLED) VOL. 1450, PGS. 868-873. G.P.R.W.C.T. (REMAINDER) CUflVETAelE ...... on" ...- ,~ .....,~w ""'"~ ....'" ''''''''''~w """"~~ NltwlS'E ~ ~ ~ ,.~ ~ 101'.11' ~ ~ ,..w .-~ ...... --~ -~ ,,. - -~ - PROPERTY UNE EXIST1NG OVERHEAD ELECTRICAL EXISTING FENCE FQUND12 INCH IRON ROD LEGEND DIl-~"~.""'· ~~ SANI$iORQ NORTHEAST ,~~':-w. . lAAebO.TeAAs , -"fI'-II PARCEL 2 - REZONE EXHIBIT / /® I 1111. !IIIIII i 1 ,II: I i ::',11 I,'I r... ' ,,\, I " II Iii ,, ,- ,\", ,, ,~ ~ " ~~O\~\\'\ , '\ \'<::'~\ ",,:,~:"~~,...... ' . ", ' ,, ", . , : 'J '.. ,{, , COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City ofLaredo by authorizing a Conditional Use 10/15/07 Permit for a nationalization ofvehicles enterprise on Lots 7, 8, 9 and the west 5.5 feet ofLots 4, 5, and 6, Block 857, Western Division, located at 33 19 San Bernardo Avenue. The Planning & Zoning Commission recommended denial ofthe zone change. ZC-65-2007 Initiated by: Staffsource: Maria Luisa Reyes Keith Selman, Planning Director Prior action: None BACKGROUND Council District: VIl- Juan Chavez Proposed use: Nationalization ofVehicles Enterprise Site: 24/7 Bail Bonds Warnings/Citations: None. Surrounding land uses: The surrounding uses include Pan American Courts & Coffee Room Motel, nationaliza tion ofvehicles, Advance Auto Parts and Auto Zone to the south. To the north are Quick Bite Restaurant, Exxon, Burger King and Johnson's Mexico Insurance. To the east are Executive Supply, vacant commercial and I.H. 35. To the west are StripeslValero, Martinez Imports, La Morenita Imports, Pronto Muffler Shop, single-family resi dences and apartments. Comprehensive Plan: The Future Land Use Map recognizes this area as Retail/Office. Transportation Plan: The Long Range Thoroughfare Plan identifies San Bernardo as a Major Collector. Letters sent to surrounding property owners: II In Favor: 2 Opposed: I STAFF COMMENTS Staffdoes not support the issuance ofthe proposed Conditional Use Permit at this location. A nationalization of vehicles enterprise requires a B-4 designation, rather than the current B-3 zoning district. The proposed use may negatively impact the surrounding retail uses along San Bernardo Avenue. This type ofuse typically requires sub stantial parking. The property has limited available parking for the proposed use. Ifthe Council would like to consider approval, staffrecommends the following conditions: I. The C.U.P. shall be issued to Maria Luisa Reyes, and is nontransferable. 2. The C.U.P. is restricted to the activities describe in letter, Exhibit "A", which is made part hereoffor all purposes. 3. The C.U.P. is restricted to the site plan, Exhibit "B", which is made part hereoffor all purposes. 4. The owner must plant and maintain nine (9) trees and twenty-seven (27) shrubs. 5. Lighting ofproperty shall be screened to avoid adverse impact on adjacent residential neighborhoods. 6. All parking lots shall be paved ofasphalt or concrete materials. 7. Dumpsters, trash bins, and/or locations for refuse collection shall be provided on site. 8. Access to the site for customer vehicles will be from Madison Street. 9. No vehicle parking will be allowed along San Bernardo or within any public right ofway. 10. There will be no mechanical work or body work done on-site. I I. No wrecked vehicles or vehicles with missing parts will be allowed to stay on or around the premises over- night or for more than one day. 12. All vehicles must be parked in an orderly manner and not to exceed the spaces available. 13. Signage will not exceed that allowed in the B-3 Commercial area. 14. Any violations ofthese conditions is subject to forfeit ofthe Conditional Use Permit issued by the Laredo City Council P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recommended denial Staffdoes not support the proposed Conditional ofthe Conditional Use Permit. Use Permit. ORDINANCE NO. 2007-0- AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR A NATIONALIZATION OF VEHICLES ENTERPRISE ON LOTS 7, 8, 9 AND THE WEST 5.5 FEET OF LOTS 4, 5, AND 6, BLOCK 857, WESTERN DIVISION, LOCATED AT 3319 SAN BERNARDO AVENUE; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a request has been received for the issuance ofa Conditional Use Permit for a nationalization ofvehicles enterprise on Lots 7, 8, 9 and the west 5.5 feet ofLots 4,5, and 6, Block 857, Western Division, located at 3319 San Bernardo 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 20,2007; and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has recom mended denial 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 15,2007, 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 a nationalization ofvehicles enterprise on Lots 7, 8, 9 and the west 5.5 feet ofLots 4, 5, and 6, Block 857, Western Division, located at 3319 San Bernardo 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 Maria Luisa Reyes, and is nontransferable. 1 2. The C.U.P. is restricted to the activities describe in letter, Exhibit "A", which is made part hereoffor all purposes. 3. The C.U.P. is restricted to the site plan, Exhibit "B", which is made part hereoffor all purposes. 4. The owner must plant and maintain nine (9) trees and twenty-seven (27) shrubs. 5. Lighting ofproperty shall be screened to avoid adverse impact on adjacent residential neighborhoods. 6. All parking lots shall be paved ofasphalt or concrete materials. 7. Dumpsters, trash bins, and/or locations for refuse collection shall be provided on site. 8. Access to the site for customer vehicles will be from Madison Street. 9. No vehicle parking will be allowed along San Bernardo or within any public right of way. 10. There will be no mechanical work or body work done on-site. II. No wrecked vehicles or vehicles with missing parts will be allowed to stay on or around the premises overnight or for more than one day. 12. All vehicles must be parked in an orderly manner and not to exceed the spaces avail able. 13. Signage will not exceed that allowed in the B-3 Commercial area. 14. Any violation ofthese conditions is subject to forfeit ofthe Conditional Use Permit is sued by the Laredo City Council. 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: I. 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 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. 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 ,2007. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY 3 APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY BY: ANTHON C. MCGETT ICK ASSISTANT C TY ATTORNEY 4 ) "I City of Laredo Request for C.U.P.(Conditional Use Permit) Planning & Zoning ZC-65-2007 Location' 3319 San Bernardo Ave 941A '2 9A '2 , 2 , 2 7 1--3-+-....:..--I~ 2 11 2 11 3 4 3 4 6 1--=-+---:.4-/::1 '0 L.. 5 3 r9331 '0 ~ 6 1ilf8 0. 5 6 5 6 1~9 5 ~ 4 9 1----':""'--6-..j!§ :B 7 937 4 3 7 r.3~ _....;5~-II--=-6 7 • 6 hiDE"""_3,...-1---!l\! I -l 1-_9_+_'_0_-1~ 9 '0 9 RI'" 9 7 12.... 1 ~ t" 7 L 11 12 11 I '2 11 1" I-"':"'---.JBALTIMORE'ST.L...--t; f8: --,,-6_Jl-__.J B~[TIt;1(jr ZONE DISTRICTS W+E o Zone Districts S ~ PROPOSED REZONE 1 inch equals 250 feel ) ) BUSINESS DESCRIPTION NATIONALIZATION OF VEHICLES OPERATING HOURS - MONDAY- SUNDAY 24- HOURS NUMBER OF EMPLOYEES - 2 \ 40.00 '0 CA ."FA 125.00 ," SGALE:l'-JO' -r;' ,1 "a.." [;'X.. \rI,1 \On IJ COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City ofLaredo by authorizing a Conditional Use 10/15/07 Permit for auto sales, and body and paint shop on Lot 8, Block 430, Eastern Division, located at 120 ) W. Saunders Street. The Planning & Zoning Commission recommended approval ofthe Condi- tional Use Permit. ZC-66-2007 Initiated by: Staffsource: Adolfo Gonzalez Keith Selman, Planning Director Prior action: None BACKGROUND Council District: V- Johnny Rendon Proposed use: Auto Sales and body and paint shop Site: Andres Auto Sales; mechanic shop Warnings/Citations: None. Surrounding land uses: The land north ofthe site includes mechanic shop, manufactured homes and single family residences. South ofthe site are LISD Food Service, Cruz Little League Base-ball field, single-family homes and apartments. West ofthe site are Try Auto Paints, Mini-storages, Obregon's Mexican Restaurant and single-family residences. East ofthe site are Laredo Complete Auto Service and Accessories, Vehimax Inter national, LLC. Auto Body Parts, warehouse, mechanic and Mokick Car/Audio/Alarm. Comprehensive Plan: The Future Land Use Map recognizes this area as Retail/Office. Transportation Plan: The Long Range Thoroughfare Plan identifies Saunders Street as a Modified Major Ar terial. Letters sent to surrounding property owners: 17 In Favor: 2 Opposed: 1 STAFF COMMENTS Staff does not support the issuance ofthe proposed Conditional Use Permit at this location. An auto body and paint shop requires a B-4 designation, rather than the current B-3 zoning district. The proposed use may nega tively impact the adjacent residential neighborhood to the north due to the noise and odor that this type ofactivity creates. The proposed site is limited in size to provide for parking and maneuvering space for the customers and other proposed use as car sales on the lot. Ifthe Commission should consider approval, the following conditions are suggested: I. Parking shall comply with the Laredo Land Development Code at all times. 2. Available customer parking must not be occupied by cars for sale. 3. The C.U.P. shall be issued Adolfo Gonzalez and is nontransferable. 4. The C.U.P. is restricted to the activities describe in letter, Exhibit "A", which is made part hereoffor all purposes. 5. The C.U.P. is restricted to the site plan, Exhibit "B", which is made patt hereoffor all purposes. 6. The owner must plant and maintain seven (7) trees and twenty-one (21) shrubs. 7. Provide a seven (7) ft. opaqne wall adjacent to any residential uses or zones. 8. The site shall comply with all requirements ofthe Laredo Fire Depattment. 9. All paint and body work shall be conducted inside an enclosed structure in compliance with the Laredo Fire Depattment. 10. The pre-existing car wash drains shall be permanently covered. 1I. No vehicles associated with the business can be parked in the public right-of-wav. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 4 to 3 vote, recommended ap- Staff does not support the proposed condi- ) proval ofthe conditional use permit. tional use permit. ORDINANCE NO. 2007-0- AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF ) LAREDO BY AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR AUTO SALES, AND BODY AND PAINT SHOP ON LOT 8, BLOCK 430, EASTERN DIVISION, LOCATED AT 120 W. SAUNDERS STREET; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a request has been received for the issuance ofa Conditional Use Permit for auto sales, and body and paint shop on Lot 8, Block 430, Eastern Division, located at 120 W. Saunders Street; 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 20,2007; 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 15, 2007, 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 auto sales, and body and paint shop on Lot 8, Block 430, Eastern Division, located at 120 W. Saunders Street. Section 2: The Conditional Use Permit is further restricted to the following provision herewith adopted by the City Council: 1. Parking shall comply with the Laredo Land Development Code at all times. 2. Available customer parking must not be occupied by cars for sale. 3. The C.U.P. shall be issued to Adolfo Gonzalez and is nontransferable. ) 1 4. The C.U.P. is restricted to the activities describe in letter, Exhibit "A", which is made part hereoffor all purposes. 5. The C.U.P. is restricted to the site plan, Exhibit "B", which is made part hereoffor all ) purposes. 6. The owner must plant and maintain seven (7) trees and twenty-one (21) shrubs. 7. Provide a seven (7) ft. opaque wall adj acent to any residential uses or zones. 8. The site shall comply with all requirements ofthe Laredo Fire Department. 9. All paint and body work shall be conducted inside an enclosed structure in compli ance with the Laredo Fire Department. 10. The pre-existing car wash drains shall be permanently covered. 11. No vehicles associated with the business can be parked in the public right-of-way. 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 24.94.1 0, 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 24.94.1 0, issue a written warning, granting a grace period ofa minimum often (l0) working days, within which time the use may be brought into compliance with the current City Council approved Conditional Use Permit for that location. ) 2 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. 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 24.94.1 0.1 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 ,2007. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAULCA SO CITY A ORNEY ANT NY C. MCGETTRICK ASSISTANT CITY ATTORNEY ) 3 ) August 20, 2007 ) Susanna Ramos City Planning Department RE: C.U.P. 120 W. Saunders Dear Mrs. Ramos: As per your request, the following information is provided relative to my application for a Conditional Use Permit on the above referenced property; & as per the attached site plan. 1. The purpose of the C.U.P. would be to allow an automotive shop (to include ) auto painting) on Lot 8, which is presently zoned B-3 commercial. 2. The automotive shop would employ 3 people and would operate between 9:00 am to 6 pm. Monday through Saturday. 3. I would like to have the C.U.P. put under my name; as I operate my used-car business from this same location (adjoining lots), am usually on-site, and I am in the best position to insure that all City, State and Federal requirements are met by this new business. If you have any additional concerns; or need additional information, please contact me at your earliest convenience. Sincer·er1'IiN.. / ) OLIVE: ST. ,,' )f------ "'"--r- ;;....tASL.~iI~ ..., ) ~ I : ~ I, 1"'----', MOBIL HOME ,~..1, _. I f ~ i 1 M.o_BI.L.H_o.M.E 1 , LOT 1 , i I, , MOBIL HOME z MOBIL HOME i :I I _ ,f;~~J:,IlD:"'- W,s.l.:. 00' STUCCO BLDG I n, BAY , I COVER .... --- I I BAY R3 IR3 I: ~ ____LflT_ LINE ___ =-=- - ---, _LfI"':..~~9,4 ------''JEST -I5,86' B3 BAY ) ~ B3 , - BAY I I, I --- , ':Z Sl W BAY l4l ~ ~I :>: l:l I ~ WI u , - <[ --- , MECH, "" _ ROO~_ Uz ~ l:l ..JI I, u I , BAY ..... l- --- I CI I~ I ...J ,~ I BAY 4- 0 " CO I I~ I- 1 l:i; ,~ CI I I '"..J I '" I COVER .. , I .,; '" , <[ P'i :>: .,; <[ I :>: 1 ,I I , L .. ______--l _ __::.I ) 'JEST • 136,08' SAUNDERS ST. ~ !Alb-d' "lO" ) ) ) ) COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City ofLaredo by rezoning Lot 1, Block 1, 10115/07 M.G. Benavides Estates Subdivision, Phase I, located at 4711 Ben-Cha Road, from B-4 ) (Highway Commercial District) to B-3 (Community Business District). The Planning & Zoning Commission recommended approval ofthe zone change. ZC-53-2007 Initiated by: Staffsource: Humberto Trevino Keith Selman, Planning Director Prior action: None. BACKGROUND Council District: II - Hector J. Garcia Proposed use: Multi-family residential Site: Single-family residence Surrounding land uses: North ofthe site is vacant land. East ofthe site are single-family resi- dences. West ofthe site are vacant land and a medical clinic. South ofthe property is vacant land. Comprehensive Plan: The Future Land Use Map recognizes this area as Retail/Office. Transportation Plan: The Long Range Thoroughfare Plan does not identify Ben-Cha Road. Letters sent to surrounding property owners: 7 In Favor: 0 Opposed: 0 ) STAFF COMMENTS The proposed zone change is appropriate at this location. The proposed B-3 district is compatible with the Comprehensive Plan's designation for this area as Retail/Office. The proposed zone is less intensive than the existing B-4 district and would protect the existing residential neighborhood from potential more offensive uses. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recommended Staffsupports the proposed zone change. approval ofthe zone change. ) COUNCIL COMMUNICATION IMPACT ANALYSIS B-3 (Community Business District): The purpose of the B-3 District is to provide for those busi ) nesses and services serving a trade area larger than a neighborhood, but smaller than the entire city and located primarily along minor or principal arterial streets, as classified in the Transportation Plan ofthe City ofLaredo. It is intended for this zoning classification to exist primarily abutting minor or principal arterial streets while preserving established residential neighborhoods along such streets. Is this change contrary to the established land use pattern? No, the existing land use pattern has several commercial uses. Would this change create an isolated zoning district unrelated to surrounding districts? No, there are other B-3 districts to the north. Will change adversely influence living conditions in the neighborhood? No, the proposed district is less intense than the existing zone. Are there substantial reasons why the property can not be used in accord with existing zoning? Yes, the existing district does not allow for residential uses. ) ) ORDINANCE NO. 2007-0- ) AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING LOT 1, BLOCK 1, M. G. BENAVIDES ESTATES SUBDIVISION, PHASE I, LOCATED AT 4711 BEN-CHA ROAD, FROM B-4 (HIGHWAY COMMERCIAL DISTRICT) TO B-3 (COMMUNITY BUSINESS DISTRICT) AND PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION. WHEREAS, a zone change has been requested by the owners of Lot 1, Block 1, M. G. Benavides Estates Subdivision, Phase I, located at 4711 Ben-Cha Road, from B-4 (High way Commercial District) to B-3 (Community Business District); and, WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on September 20,2007, 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 15, 2007, 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 1, M. G. Benavides Estates Subdivision, Phase I, located at 4711 Ben-Cha Road, 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 Chmter 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 ,2007. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY ~.. Y C. MCGETTRICK ITY ATTORNEY 2 ) Rezone fro~ ~-4 (Highway Commercial District)) to B-3 (Community Business District) City of Laredo Planning & Zoning ZC-67-2007 UNPLATTED 8E 6 B·4 .l!l UNBUILDABL 'A -E UNPLATTED 2 B4 m :.::i Z' 3 4A ;: C 4 6A m 1E ::J ~ i:3 0 5 13 0 6 3 ~< (]) 5A .0 Z', "-f; ro .0 C 8 r." 10 '- 0 (]) ::J ~ c. 3: o 9 4A ;0 00 2 '" .0 ' ,cB-3 0 .0 2 ~ 3A : 5 lA 6 B£;IV--CfiA- ,. 88' RO , 8 ED 9 1 2 UNPLATTED B-4 UNPLATTED 2A ~ UNPLATTED m B-4 '"~ ~ 9 ~~::~~~;r~~~~~~~~~§~~llUNPLATTED UNPLATTEDM-1 UNPLATTED 6 R-2 UNPLATTED UNPLATTED , B-3 1 UNPLATTED 6 ) ZONE DISTRICTS II Zone Districts PROPOSED REZONE ISXXXX?§S888l 1 inch equals 400 feet J \ --\, I 'iU(A.'lDC CHAVAN.t;. Jr. - , \, --..,/. (96.0 Ar::Kt-$) 385 i ~.nl 1 R[~ 1.2\~. \-~- --r- IN vel., PGS. 383- . \ V/,C,D.If{· L••.xl'( 2 \\ " , ,ov-- 22" .~.c ",. " \ \ I 24, Peg. i \/0,,-,1=': ' \ PAR\' I"j.( Qt'" l • --< ,., .1 . 'D PLAT D'lV $lON I\ v '. MEND< cy SUB~CD 1• ~ 'll \ \ A '11>'"'-__ \ "",,,,,, 'IN., -:: III i , EME! pL-ANN1 COMMiSSION ,APPROV,AL. NG 11<\5 ptA! Y.G. ~VlOES ESTJ.1ES S'~5IQ!! PHAS< \ eEEN suaMflT£O TO ANO ~ f!{ 1llE.~ ~ OF·1llE CflY OF lJ"EllO. 't!XAS, mol IS >!EREf!f />pPP!J'IfJJ f!{ sucH ~ ON ~ DAr OF e~?t-Vio1e "Z . F'~lJARX. :2005, ()1.~. - ,. / &slafes- VjubP fA. I ) COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City ofLaredo by rezoning 16.58, as further 10/15/07 described by metes and bounds in attached Exhibit "A", located at the northwest corner of ) Bob Bullock Loop and International Boulevard, from R-I (Single-family Residential Dis- trict) to B-4 (Highway Commercial District). The Plauning & Zoning Commission recom- mended approval ofthe zone change. ZC-69-2007 Initiated by: Staffsource: San Isidro Northeast, Ltd. Keith Selman, Plauning Director Prior action: None. BACKGROUND Council District: VI - Gene Belmares Proposed use: Commercial Site: Vacant Warnings/Citations: None. Surrounding land uses: The land north and east ofthe site are vacant and under development. To the south is Bob Bullock Loop. West ofthe property are industrial uses. Comprehensive Plan: The Future Land Use Map recognizes this area as Retail/Office. Transportation Plan: The Long Range Thoroughfare Plan identifies Bob Bullock Loop as an Ex- pressway. Letters sent to surroundine property owners: 3 In Favor: I Opposed: 0 STAFF COMMENTS The proposed zone change is appropriate at this location. The proposed change is consistent with Comprehensive Plan's designation as Retail/Office. The property meets the location and dimen- sional standards required for a B-4 zoning designation. The request is compatible with the adjacent uses to the west. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 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 classifi cation. Is this change contrary to the established land use pattern? No, the established land use pattern is commercial to the west. Would this change create an isolated zoning district unrelated to surrounding districts? No, there are B-4 and M-1 districts to the west. Will change adversely influence living conditions in the neighborhood? No, the property is primarily vacant. Are there substantial reasons why the property can not be used in accordance with existing zon ing? Yes, the existing zoning district only allows for residential uses. ) Page 2 of 2 ORDINANCE NO. 2007-0- ) AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 16.58 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A", LOCATED AT THE NORTHWEST CORNER OF BOB BULLOCK LOOP AND INTERNATIONAL BOULEVARD, FROM R-l (SINGLE FAMILY RESIDENTIAL DISTRICT) TO B-4 (HIGHWAY COMMERCIAL DISTRICT) AND PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION. WHEREAS, a zone change has been requested by the owners of 16.58 acres, as fur ther described by metes and bounds in attached Exhibit "A", located at the northwest corner ofBob Bullock Loop and International Boulevard, from R-l (Single Family Residential Dis trict) to B-4 (Highway Commercial District); and, WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on September 20,2007, 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 15,2007, 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 16.58 acres, as further described by metes and bounds in attached Exhibit "A", located at the northwest corner ofBob Bullock Loop and International Boulevard, from R-l (Single Family 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 ,2007. RAUL G. SALINAS MAYOR ATTEST: ) GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY Y C. MCGETTRICK ITY ATTORNEY ) 2 ) ) Rezone from R-1 (Single Family Residential) , to 8-4 (Highway Commercial District) City of Laredo Planning & Zoning • ZC-69-2007 ) R·1 R·1 cr ~ z'" "'~ .?"--~ 1~~IIII------""Il;;;Il;;;;;;;;;;"';;;;;;;;;;;;;;"liiI"'~~""" --~60 -- R·1 )zONE DISTRICTS o Zone Districts m ZC-69-2007 1 inch equals 826 feet ) ) Augusl24, 2007 STATE OF TEXAS· COUNTY OF WEBB· SAN ISIDRO NORTHEAST PARCEL 1 ) 16.5819 ACRES LEGAL DESCRIPTION OF A 16.5819 ACRE PARCEL OF LAND, MORE OR LESS, BEING OUT OF A 582.4237 ACRE PARCEL CALLED TO CONTAIN 580.55 ACRES MORE OR LESS, RECORDED IN VOLUME 1450, PAGES 868-873, OFFICIAL PUBLIC RECORDS OF WEBB COUNTY, TEXAS. SAID 16.5819 ACRE PARCEL, SITUATED IN PORCION 20, ABSTRACT 48, ORIGINAL GRANTEE BAUTISTA GARCIA AND PORCION 21, ABSTRACT 49, ORIGINAL GRANTEE LEONARDO GARCIA, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS FOLLOWS: Commencing at e found 11, inch iron rod situated on the northerly ri9ht-of-way line of Bob Bullock Loop, being the southeasterly corner of Lot 1, Block 4, San Isidro East Point Center SubdiVision, Unit 1, recorded In Volume 20, Pages 36 38, Plat Records ofWebb County, Texas, same being the southwesterly corner of a 12.05 Acre Tract recorded in Volume 926, Pages 614-tl17, Official Public Records of Webb County, Texas and the southwesterly corner of said 582.4237 Acre Parcel. Thence, N80035'58''E, a distance of 597.88 feet to a found 11, iron rod being an exterior corner of San Isidro Northeast, Phase 1, recorded in Volume 27, Pages 4-8, Plat Records of Webb County, Texas, for the POINT OF BEGINNING of this 16.5819 acre parcel and the SOUths8Sterly corner hereof; Thence, along a non-tangent curve to the left, with a chord bearing S83°38'23'W, 288.41 feet, subtended by an arc having a radius of 2924.79 feet, a distance of 288.53 feet with the common division line of said 582.4237 acre parcel and the northerly right-of-way line of Bob Bullock Loop same being the southerly line of herein described parcel, to a found 11, inch iron rod, for the most southerly southwest corner hereof; ) Thence, N02°20'58"E, with the westerly line of herein described parcel, 8 distance of 552.38 feet, for an interior corner hereof; Thence, N87°39'02'W, with the line of herein described parcel a distance of 160.00 feet, to a point situated on the easterly Ii~e of a 12.05 acre tract recorded in Volume 926, Pages 614-617, Official Public Records of Webb County, Texas, for the moat westerly southwest corner hereof; Thence, N02°20'58"E, with the common division line of herein described parcel and the essterty·line of said 12.05 acre tract, a distance of 904.68 feet, for the northwesterly corner hereof; RZ·PARCEL1.rtf Page 1 of2 ) ) August 24, 2007 Thence, S87"39'02"E, wnh the northerly line of herein described parcel, a ) distance of 444.41 feet, for a point of deflection hereof; Thence, S61"15'31"E, with the northerly line of herein described parcel, a distance of 255.36 feet to a point situated on the westerly line of said San Isidro Northeast Subdivision, Phase I, for the northeasterty corner hereof; Thence, along a non-tangent curve to the left, with a chord bearing S14"26'18'W, 592.92 feet, subtended by an arc having a radius of 1,200.00 feet, e distance of 599.12 feet with the common division line of herein described parcel and said San Isidro Northeast Subdivision, Phase I, to a found Yo inch iron rod, for a point of tangency hereof; Thence, SOO"08'OTW, with the common division line of herein described parcel and said San Isidro Northeast Subdivision, Phase I, a distance of 341.84 feet to a found Yo inch iron rod, for a point of deflection hereof; Thence, S06"03'05'W;with the common division line of herein described parcel and said San Isidro Northeast Subdivision, Phase I, a distance of 46.51 feet to a found Yo inch iron rod, for a point ofdeflection hereof; Thence, SOO"08'07'W, with the common division line of herein described parcel and said San Isidro Northeast Subdivision, Phase I, a distance of 207.38 feet to a found Yo inch iron rod, for an exterior comer hereof; Thence, S89"47'48'W, with the common division line of herein described parcel and said San Isidro Northeast Subdivision, Phase I, a distance of 10.00 feet to a found %inch iron rod, for an interior comer hereof; Thence, S44"4T48'W, with the common division line of herein described parcel and seid San Isidro Northeast Subdivision, Phase I, a distence of 165.94 feet, ) for said POINT OF BEGINNING, containing wnhin these metes and bounds 16.5819 acres, more or less. f '1-30 -07 I RZ-PARCEL1.rtf Page2of2 Exh )~"one From R-1 To 8-4 165819 Acres 722,v "~-S-F------I SAN ISIDRO NORTHEAST SUBDIVlSION, PHASE 1 VOL, 27, PGS, 4-8, PR,W.C.T. 582.4237 (ACTUAL) ~ 580.55 ACRES (CALLED) ) VOl. 1450, PGS. 868-873. G.P.R.W.C.T. o I 200 (REMAINDER) l'l'i i 1'1'1'1'1'1'1 887"39'02'E 444.41' LOT 1 BLOCK 2 SAN ISIDRO RANCH EAST POINT CENTER C2 SUBDlVlSION, UNIT 2 VOL. 20, PGS. 47-49 ~ PR.W.C.T. - - - PARCEL 1 c; - - - 16.5819 ACRES 1; - - .c- I~ - ~ ~ '" ~ L1 ~ ~ ~ L3 LOT 1 ~ BLOCK 4 SAN ISIDRO L4 EAST POINT CENTER SUBDIVISION. UNIT 1 VOL, 20, PGS. 36-38 P.R.W.C.T. PROPEm't UNE EXIS11NG OVERHEAD ElEClRJCAl. EXISllN LEGEND I ••" .... .""_' ...... ". '- - _ ..,... LAREDo, TEXAS PARCEL 1 - REZONE EXHIBIT ) 1 ~ 1 ) ) / I!-e I I ",' " 'll:::i ,,111ii"1;1:II , I 1 lill,;\ I i; I 1 1 ®/ 111111111 11 / '7 ~ M..ter Plln r~.1 ) - i SUBDIVISION LAVOUT ...... a.n_=,:,::,.....-_.. __..1 .. I'1'/' I III 11\ll 1 . ~ "=~.LllL.. .L-...:..-:::::=.=-~'~:..~-:.:.:..:'J'[E'UII ) ) COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City ofLaredo by rezoning 64.63, as further ) 10/15/07 described by metes and bounds in attached Exhibit "A", located at the northeast corner of Bob Bullock Loop and International Boulevard, from R-l (Single-family Residential Dis- trict) to B-4 (Highway Commercial District). The Planning & Zoning Commission recom- mended approval ofthe zone change. ZC-70-2007 Initiated by: Staffsource: San Isidro Northeast, Ltd. Keith Selman, Planning Director Prior action: None. BACKGROUND Council District: VI - Gene Belmares Proposed use: Commercial Site: Vacant Warnings/Citations: None. Surrounding land uses: The land north, east and west ofthe site is vacant and underdevelopment. To the south is Bob Bullock Loop. Comprehensive Plan: The Future Land Use Map recognizes this area as Retail/Office. ) Transportation Plan: The Long Range Thoroughfare Plan identifies Bob Bullock Loop as an Ex- pressway and International Boulevard as a Minor Arterial at this location. Letters sent to surrounding property owners: 1 In Favor: I Opposed: 0 STAFF COMMENTS The proposed zone change is not appropriate at this location. Although, the proposed change is consistent with the Comprehensive Plan's designation as Retail/Office, the approved master-plan for San Isidro Northeast shows residential uses adjacent to the north. A B-3 district would be more compatible with the proposed uses to the north. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recommended Staffdoes not support the proposed zone approval 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 classifi cation. Is this change contrary to the established land use pattern? No, there is very little established land use pattern. Would this change create an isolated zoning district unrelated to surrounding districts? No, there are B-4 districts to the west along Bob Bullock Loop. Will change adversely influence living conditions in the neighborhood? The proposed change may affect the proposed single-family uses to the north. Are. there substantial rcasons why the property can not be used in accordance with existing zon ing? No, the existing zoning district only allow for residential uses. ) ) Page 2 of 2 ORDINANCE NO. 2007-0- ) AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 64.63 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A", LOCATED AT THE NORTHEAST CORNER OF BOB BULLOCK LOOP AND INTERNATIONAL BOULEVARD, FROM R-I (SINGLE FAMILY RESIDENTIAL DISTRICT) TO B-4 (HIGHWAY COMMERCIAL DISTRICT) AND PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION. WHEREAS, a zone change has been requested by the owners of 64.63 acres, as fur ther described by metes and bounds in attached Exhibit "A", located at the northeast corner of Bob Bullock Loop and International Boulevard, from R-I (Single Family Residential 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 September 20,2007, 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 (IS) 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 15, 2007, 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 I: The Zoning Map ofthe City ofLaredo be and is hereby amended by rezon ing 64.63 acres, as further described by metes and bounds in attached Exhibit "A", located at the northeast corner ofBob Bullock Loop and International Boulevard, from R-I (Single Family Residential District) to B-4 (Highway Commercial District). I ) ) 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 ,2007. RAUL G. SALINAS MAYOR ATTEST: ) GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY ~B¥: ANTHON C. MCGETTRICK ASSISTANT CITY ATTORNEY ) 2 ) ) Rezone from R-1 (Single Family Residential) to 8-4 (Highway Commercial District) City of Laredo Planning &Zoning • le-?O-200? R-1 UNPLATTED UNPLATTED R-1A )ZONE DISTRICTS W.E o Zone Districts S m z0-70-2007 1 inch equals 833 feet f August 27.2007 STATE OF TEXAS' COUNTY OF WEBB' SAN ISIDRO NORTHEAST PARCEL 4 ) 64.6266 ACRES LEGAL DESCRIPTION OF A 64.6265 ACRE PARCEL OF LAND, MORE OR LESS, BEING OUT OF A 582.4237 ACRE PARCEL CALLED TO CONTAIN 580.55 ACRES MORE OR LESS, RECORDED IN VOLUME 1450, PAGES 868-873, OFFICIAL PUBLIC RECORDS OF WEBB COUNTY, TEXAS. SAID 64.6285 ACRE PARCEL, SITUATED IN PORCION 20, ABSTRACT 48, ORIGINAL GRANTEE BAUTISTA GARCIA AND PORCION 21, ABSTRACT 49, ORIGINAL GRANTEE LEONARDO GARCIA, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS FOLLOWS: Commencing at a found 11t Inch iron rod situated on the northerty right-of-way line of Bob Bullock Loop, being the southeasterly corner of Lot 1, Block 4, San Isidro East Point Center Subdivision, Unit 1, recorded in Volume 20, Pages 36 38, Plat Records of Webb County, Texas, same being the southwesterly corner of a 12.05 Acre Tract recorded In Volume 926, Pages 614-617, OffIcial Public Records of Webb County, Texas and the southwesterly corner of said 582.4237 Acre Parcel. Thence, N84'24'06"E, a distance of 982.42 feet to a found Y, inch iron rod being an exterior corner of San Isidro Northeast Subdivision, Phase I, recorded in Volume 27, Pages 4-8, Plat Records of Webb County, Texas, snuated on the northerty right-of-way line of Bob Bullock Loop, for the POINT OF BEGINNING of this 64.8285 acre parcel of land and the southwesterly corner hereof; Thence, N45'12'12'W, with the common division line of herein described parcel and said San Isidro Northeast Subdivision, Phase I, a distance of 170.46 feet to a found Y, inch iron rod, for an interior comer hereof; Thence, S89°47'48'W, with the common division line of herein described parcel and said San Isidro Northeast Subdivision. Phase I, a distance of 10.00 feet to a found ~ ) inch iron rod, for an exterior comer hereof; Thence, NOO'08'07"E, with the common division line of herein described parcel and said San Isidro Northeast SubdiVision, Phase I, a distance of 206.61 feet to a found Y, inch iron rod, for a point of deflection hereof; Thence, N05'46'51'W, with the common division line of herein described parcel and said San Isidro Northeast SubdiVision, Phase I, a distance of 48.51 feet to a found Y, inch Iron rod, for a point of deflection hereof; Thence, NOoo08'07"E, with the common division line of herein described parcel and said San isidro Northeast Subdivision, Phasai, a distance of 341.84 feat to a found Y, Inch iron rod. for a point of CUivature hereof; RZ-PARCEL4.rtf Page 1 of3 ) )------)1-.---- Augusl27,2oo7 Thence, along a tangent curve to the right, with a chord bearing N17'59'06"E, 662.08 feat, sublended by an arc having a radius of 1,079.95 feet, a distance of 672.92 faet ) with the common division line of herein described pareal and said San Isidro Northeast Subdivision, Phase I, to a found Y, Inch iron rod, for a point of tangency hereof; Thence, N35'50'04"E, with the common division line of herein described parcel and said San Isidro Northeast Subdivision, Phase I, a distance of 258.34 feet to a found Y, inch iron rod I for the northwesterly corner hereof; Thence, N80050'04''E, with the cammon division line of herein described parcel and said San Isidro Northeast Subdivision, Phase I, a distance of 28.28 feet to a found Y, inch iron rod, for an exterior comsr hereof; Thance, S54'09'56"E, with the northerty Iina of herein described parcel, a distance of 493.88 feet, for a point of curvature hereof; Thence, along a tangent curve to the right with a chord bearing S52'29'14"E, 44.23 feet, subtended by an arc having a radius of 755.00 feat, a distance of 44.23 feet, with the northerly line of herein described parcel, fora point of tangency hereof; Thence, S50'48'31"E, with the northeriy line of herein described parcel, a distance of 558.69 feet, for a point of curvature hereof; Thence, along a tangent curve to the lellwith a chord bearing S64'OO'19"E, 385.81 faet, subtended by an arc having a radius of 645.00 feet,a distance of 389.24 feet with the northerly line of herein described parcel, for a point of tangency hereof; Thence, S77'12'06"E, with the northeriy line of herein described parcel, a distance of 220.80 feet, for a point of curvature hereof; Thence, along a tangent curve to thelell, with e chord bearing N87'51'27"E, 435.72 feel, subtended by an arc having a radius of 645.01 feat, a distance of 440.70 feet wilh the northeriy line of herein described parcel, for a point of tangency hereof; Thence, N72'55'00"E, with the northeriy line of herein described parcel, a distence of ) 16.54 feet, for an exterior comer hereof; Thence, S61'29'42"E, with the northeriy line of herein described parcel, a distance of 27.99 feet to a point situated on the westeriy line of said San Isidro, Phase I, for the northeasterly comer hereof; Thence, along a non-tangent curva to the right. with a chord bearing S10'20'49"E, 166.10 feet, subtended by an arc having a radius of 960.00 feet, a distance of 166.31 feet with the common division line of herein described parcel and said San Isidro Northeast Subdivision, Phase I, for a point of tangency hereof; Thence. S05°23'03"E. with the common division line of herein described parcel and said San Isidro Northeast Subdivision, Phase I, a distance of 477.57 feet, for a point of CUlVature hereof; RZ-PARCEL4.rtf Page2of3 ) )------)~---~I August 27,2007 Thence, along e tangent curve to the right, with a chord bearing S08'45'55'W, 371.57 feet, subtended by an arc having a radius of 760.70 feet, a distance of 375.36 feat with ) the common division line of herein described parcel and said San Isidro Northaast Subdivision, Phase I, to a found %inch iron rod, for a point of tangency hereof; Thence, S22'54'53'W, with the common division line of harein described parcel and said San Isidro Northeast Subdivision, Phase I, a distance of 124.13 feet to a found % Inch iron rod, for the southea.terly comer hereof; Thence, S67'18'46'W, with the common division line of herein described parcel and seid San Isidro Northeast Subdivision, Phase I, a distance of 71.45 feet to a found % inch iron rod situated on the common division line of said 582.4237 acre remainder and the northeriy right-of-way line of Bob Bullock Loop, same being the southeriy line of herein described parcel, for an exterior corner hereof; Thence, along a non-tangent curve to the left, with a chord bearing N72'57'36'W, 428.93 feet, subtended by an arc having a radius of 2,925.99 feet, a distance of 429.32 feet, with the common division line of said 582.4237 acre remainder and the northerly right-of-way line of Bob Bullock Loop, same being the southeriy line of herein described parcel, to a found % inch iron rod, for point of deflection hereof: Thence, N77°08'37'W, with the common division line of said 582.4237 acre remainder and the norihariy right-of-way nna of Bob Bullock Loop, same being the southeriy nne of herein dascribed parcel, a distance of 1,236.92 feet, to a point of non-tangent curve hereof; Thence, along a curve to the left, with a chord bearing N81'32'12'W, 448.08 feet, subtended by an arc having a radius of 2,928.87 feet, a distance of448.51 feet, with the common division line of said 582.4237 acre remainder and the right-of-way line of Bob Bullock Loop, same being tha southeriy line of herein dascribed parcel, for said POINT OF BEGINNING, containing within these metes and bounds 84.8265 acres, more or less. ) RZ·PARCEl4.rtf Page 3 of3 ) Exhibit Rez )-rom R-l To 8-4 64.6265 Acres - 2,815,132 S, )---- , , BLOCK 4 , LOT 1 BLOCK 2 \ LOT 1 \ SAN ISIORO RANCH EAST POINT CENTER ... SUBOI...,SION. UNIT 2 VOl. 20, PGS, 017-49 ) P.R.W.C.T. FQ.N)IiINCH IRON ROD , , , , , , , PARCEL , , L3 ... Ui l2 P..... Nl1f1»lU7 Q U71151eA)l , , \ , , , , ',& PARCEL 3 , PARCEL 4 , 64.6265 ACRES , , , , , , , ) , v'~ ~:% ~,z ...,,'''' 582.4237 (ACTUAL) ~ \~ 580.55 ACRES (CALLED) \ VOL. 1450, PGS. 868-873, O.P.R.W.C.T. (REMAINDER) L13 \ PARCEL 5 \ -, • ·u ,.'." ..,.>• LEGEND o. - - .. - - --~...... - SHEET NO. PARCEL 4 - REZONE EXHISrr"/t" ) • ) §ir[D[..~.=..=._-=--...-...,~-.-_--._-i~------""'~-~ , I II J N .._ .. __,.__...... [.-3 I J 1"'==wt lnO"'Y1 NOISlftlQSnS ~ ~:.,'l IIIjd.MI"W .. / ) /@ / • ....: ~.. " .. ,. ~-, ~- : ~ - ~ ::~~---~------~--~---: " .. ~_ ... -._--...... _-- ) COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City ofLaredo by rezoning 5.07 acres, as 10/15/07 further described by metes and bounds in attached Exhibit "A", located at the intersection ofInternational Boulevard and Escutia, from R-l (Single Family Residential District) to R 2 (Multi-Family Residential District). The Planning & Zoning Commission recommended approval ofthe zone change. ZC-71-2007 Initiated by: Staff source: San Isidro Northeast, Ltd. Keith Selman, Planning Director Prior actiou: None. BACKGROUND Council District: VI - Gene Belmares Proposed use: Multi-family residential Site: Vacant Surrounding land uses: The surrounding uses are vacant and under development in all directions. Comprehensive Plan: The Future Land Use !\'lap recognizes this area as High Density Residential. Transportation Plan: The Long Range Thoroughfare Plan identifies International Boulevard at this location as a Minor Arterial. Letters sent to surrounding property owners: I In Favor: I Opposed: 0 STAFF COMMENTS The proposed zone change is appropriate at this location. The proposed zone change is consistent with the Comprehensive Plan's designation for this area as High Density Residential. The request is in conformance with the approved master plan for San Isidro Northeast Subdivision. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 7 to 0 vote, recommended Staffsupports the proposed zone change. approval ofthe zone change. COUNCIL COMMUNICATION IMPACT ANALYSIS R-2 (Multi-Family Residential District): The purpose ofthe R-2 is to provide an area for higher density residential uses and those public and semi-public uses normally considered an integral part of the neighborhood they serve. Is this change contrary to the established land use pattern? No, there is not an established land use pattern. Would this change create an isolated zoning district unrelated to surrounding districts? Yes, the surrounding districts are all R-1. Will change adversely influence living conditions in the neighborhood? No, the request is compatible with the proposed development. Are there snbstantial reasons why the property can not be used in accord with existing zoning? Yes, the current zoning only allows for single-family residences. ORDINANCE NO. 2007-0- AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 5.07 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A", LOCATED AT THE INTERSECTION OF INTERNATIONAL BOULEVARD AND ESCUTIA, FROM R-I (SINGLE FAMILY RESIDENTIAL DISTRICT) TO R-2 (MULTI-FAMILY RESIDENTIAL DISTRICT) AND PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION. WHEREAS, a zone change has been requested by the owners of 5.07 acres, as further described by metes and bounds in attached Exhibit "A", located at the intersection ofInterna tional Boulevard and Escutia, from R-I (Single Family Residential District) to R-2 (Multi Family 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 20, 2007, 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 15,2007, 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 I: The Zoning Map ofthe City ofLaredo be and is hereby amended by rezon ing 5.07 acres, as further described by metes and bounds in attached Exhibit "A", located at the intersection ofInternational Boulevard and Escutia, from R-I (Single Family Residential District) to R-2 (Multi-Family Residential District). I 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 ,2007. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATT RNEY 2 Rezone fro~ R-1 (Single Family Residential) ) to R-2 (Multi-Family Residential District) City of Laredo Planning & Zoning ZC-71-2007 R·1 UNPLATTED R·1 UNPLATTED R·1 UNPLATTED B..3 6 3 10 ZONE DISTRICTS W.E o Zone Districts S E883 ZC-71-2007 1 Inch equals 805 feet )- ) August 28. 2007 STATE OF TEXAS' COUNTY OF WEBB' SAN ISIDRO NORTHEAST PARCEL 3 5.0687 ACRES LEGAL DESCRIPTION OF A 5.0687 ACRE PARCEL OF LAND, MORE OR LESS, BEING OUT OF A 582.4237 ACRE PARCEL CALLED TO CONTAIN 580.55 ACRES MORE OR LESS, RECORDED IN VOLUME 1450, PAGES 868·873, OFFICIAL PUBLIC RECORDS OF WEBB COUNTY, TEXAS. SAID 5.0687 ACRE PARCEL, SITUATED IN PORCION 20, ABSTRACT 48, ORIGINAL GRANTEE BAUTISTA GARCIA, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS FOLLOWS: Commencing at a found Yo inch iron rod situated on the northerly right-of·way line of Bob Bullock Loop, being the southeasterly comer of Lot 1, Block 4, San Isidro East Point Center Subdivision, Unit 1, recorded In Volume 20, Pages 36·38, Plat Records of Webb County, Texas, same being the southwesterly corner of a 12.05 Acre Tract recorded In Volume 926, Pages 614-617, Official Public Records of Webb County, Texas and the southwesterly corner of said 582.4237 Acre Parcel. Thence, N36"29'51"E, a distance of 2,151.13 feello a found Yo inch iron rod being an exterior comer of San Isidro Northeast SUbdivision, Phase I, recorded in Volume 27, Pages 4·8, Plat Records of Webb County, Texas, for the POINT OF BEGINNING of this 5.0687 acre parcel of land and the southwesterly corner hereof; Thence, N09"09'56'W, wnh the common division line of herein described parcel and said San Isidro, Phase I, a distance of 28.28 feet to a found Yo inch iron rod, for an exterior corner hereof; Thence, N35"50'Q4"E, with the common division line of herein described parcel and said San Isidro, Phase I, a distance of 697.30 feet to a found Yo inch iron rod, for the northwesterly comer hereof; Thence, N80"50'Q4"E. wah the common division line of herein described parcel and said San Isidro, Phase I, a distance of 28.28 feet to a found Yo inch Iron rod, for an exterior corner hereof; Thence, S54"09'56"E, with the northerly line of herein described parcel, a distance of 280.00 feet, for the northeasterly corner hereof; RZ·PARCEL3.rtf Pag&1 ct2 August 28, 2007 Thence, S35'49'59'W, with the easterly line of herein described parcel, a distance of 737.30 feet, for the southeasterly cornsr hereof; Thence, N54'09'56'W, with the southerly line of herein described parcel, a distance of 280.02 feet, for said POINT OF BEGINNING containing within these metes and bounds 5.0687 acres, more or less. RZ-PARCEL3.rtf Page 2 012 ~------. - )1---- Exhibit Re SAN ISiDRO NORTHEAST SUBDIVISION, PHASE 1 ~ VOL. 27, PGS. 4-8, P,R.W.C.T. o I 200 /.'1"" 1'1',,1'1'1 582.4237 (ACTUAL) 580.55 ACRES (CALLED) VOL. 1450, PGS. a68~873. a.PR.W.C.T. (REMAINDER) 582.4237 (ACTUAL) 580.55 ACRES (CALLED) VOL, 1450, PGS. 868-873, O.P.R.W.C.T. (REMAINDER) PARCEL 4 PROPfRlYUNE EXIST1NG OVERHEAD ElECTR1OO. --.-- EXISl1NG FENCE FOUND~ INCH IRON ROD LEGEND...... SAN ISIDRO NORTHEAST-- - L.AAEDO. TEXAS PARCEL 3 " REZONE EXHIBrr "A' 1 ~ 1 ) II. '~.1I~'_.'''''''''._._.. .. __ _-,.--,..... lnOAn NOIS'AIOSns 'r .0'''...... 1/1 l..~NOJPltIuq ItII / " /@ I IIIII~'IIII I ! ,IIj'',I J,'"""IIIIf! I e- ,. I.' I' '., 1 ,. .... -.,--... _,---...... COUNCIL COMMUNICATION SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE DATE: Amending Chapter 24, Article VI, of The Laredo Land Development Code, Special Permit 10/15/07 Procedures Section 24-93 by creating Section 24.93.11: Nationalization ofVehicles Enterprise Requiring a Special Use Permit for said use, adding Section 24.65.13 (12) B-3 - Community Business District, deleting Section 24.65.14 (17): B-4 - Highway Commercial District, and amending Section 24.63.2: Permitted Land Uses; providing for publication and effective date. INITIATED BY: STAFF SOURCE: Staff Keith Selman, Planning & Zoning Director PREVIOUS COUNCIL ACTION: None BACKGROUND: Council District: All STAFF COMMENTS: Currently, the Laredo Land Development Code requires that nationalization ofvehicles enterprises be located within a B-4, M-I, M-2, or MXD zoning district. The purpose ofthe proposed amendment is to require a Special Use Permit (SUP) for any nationalization ofvehicles enterprise businesses within a B-3, B-4, M-I, M-2, or MXD zoning District. The proposed SUP would have the following additional minimum requirements to qualify a business for consideration: (1) Minimum lot size oftwo (2) acres. (2) It shall not be located within two hundred (200) feet of: a. Any residential structure; b. The boundary ofany district zoned AG, R-S, R-I, R-IA, R-IMH, RSM, R-2 or R-3; c. For the purposes ofsubsection (2), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion ofthe property line ofthe premises ofany residential structure or the boundary ofany district zoned AG, R-S, R-I, R-IA, R-IMH, RSM, R-2, or R-3. (3) Two public restroom facilities per one acre ofland shall be available on the premises which meet public health and adopted building code standards set forth in the Standard Plumbing Code Table 922.2 "Minimum Plumbing Fixtures". (4) Lighting ofproperty shall be screened to avoid adverse impact on adjacent residential neighborhoods. (5) Trees and shrubs shall be planted along the perimeter ofparking areas in accordance with the City ofLaredo Land Development Code. (6) All parking lots shall be paved ofasphalt or concrete materials. (7) Dumpsters, trash bins, and/or locations for refuse collection shall be provided on site. (8) A seven foot opaque fence shall be provided adjacent to residential uses. (9) Signage shall be limited to that permitted in a B-1 district. P&Z COMMITTEE RECOMMENDATION: The P&Z Commission, in an 6 to 0 vote, recommended annroval ofthe proposed amendment. DRAFT ORDINANCE NO. 2007-0- AMENDING CHAPTER 24. ARTICLE VI, OF THE LAREDO LAND DEVELOPMENT CODE, SPECIAL PERMIT PROCEDURES SECTION 24-93 BY CREATING SECTION 24.93.I1: NATIONALIZATION OF VEHICLES ENTERPRISE REQUIRING A SPECIAL USE PERMIT FOR SAID USE, ADDING SECTION 24.65.13 (12) B-3 - COMMUNITY BUSINESS DISTRICT, DELETING SECTION 24.65.I4 (17): B-4 HIGHWAY COMMERCIAL DISTRICT, AND AMENDING SECTION 24.63.2: PERMITTED LAND USES; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, The Laredo Land Development Code regulates land uses within the corporate limits ofthe City ofLaredo; and, WHEREAS, Section 24.63.2 ofthe Laredo Land Development Code does not cur rently require a Special Use Permit for Nationalization ofVehicles Enterprises and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended approval ofthe ordinance; and, WHEREAS, notice ofsuch hearing 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 Planning and Zoning Commission held a public hearing on Septem ber 6, 2007, on the request and finds the ordinance appropriate and consistent with the Gen eral Plan ofthe City ofLaredo; and, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section I: Laredo Land Development Code, Article VI, Section 24.93., entitled Spe cial Permit Procedures, is hereby amended to read as follows: Section 24.93.11 NATIONALIZATION OF VEHICLES ENTERPRISE The City Council may grant a special use permit for a nationalization ofvehicles enterprise in a B-3 (Community Business District) and higher intensity zoning classification districts nnder the following conditions: (l) Minimum lot size oftwo (2) acres. (2) It shall not be located within two hundred (200) feet of: a. Any residential stlUcture; b. The boundary ofany district zoned AG, R-S, R-l, R-IA, R-IMH, RSM, R-2 or R-3; DRAFT c. For the purposes ofsubsection (2), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line ofthe premises ofany residential structure or the boundary of any district zoned AG, R-S, R-l, R-IA, R-IMH, RSM, R-2, or R-3. (3) Two public restroom facilities per one acre ofland shall be available on the premises which meet public health and adopted building code standards set forth in the Standard Plumbing Code Table 922.2 "Minimum Plumbing Fixtures". (4) Lighting ofproperty shall be screened to avoid adverse impact on adjacent residential neighborhoods. (5) Trees and shrubs shall be planted along the perimeter ofparking areas in accordance with the City ofLaredo Land Development Code. (6) All parking lots shall be paved ofasphalt or concrete materials. (7) Dumpsters, trash bins, and/or locations for refuse collection shall be provided on site. (8) A seven foot opaque fence shall be provided adjacent to residential uses. (9) Signage shall be limited to that permitted in a B-1 district. Section 2: Laredo Land Development Code, Article VI, Section 24.65, entitled Sup plementary Zoning Regulations, is hereby amended to read as follows Section 24.65.13 (12) B-3 (Community Business District) (12) Any nationalization/"nacionalizacion" ofvehicles enterprise must be located in a B-3, B-4, M-l, M-2 or MXD district, and must also obtain a Special Use Permit (SUP) prior to commencing operations, and it is a violation ofthis subsection for any such enterprise to be located in other than one ofthose five districts: provided, however, any such enterprise oper ating in a zoning district other than a B-3, B-4, M-l, M-2, or MXD prior to May 1, 2004, will be permitted to continue to operate for a period not to exceed one (1) year from that date. Section 3: Section 24.65.14 B-4 (Highway Commercial District) (17) AlT)' nationalizationl"naaionalizaeien" ofvehiales enterprise must be loaated in a B 4, M I, M 2 or MXD distriat, and it is a Yielation ofthis suBseetion fer any suah enterprise to be loeated in other than one ofthose feur distriats; provided, however, aRy suah enterprise opel' ating in a zoning distriet other than a B 4, M I, M 2, or MXD prior to May 1, 2004, will be permitted to aontinue to operate fer a fleriod not to ffi,aeed Ol:'l (1) year from that date. Section 4: Section 24.63.2 Permitted Land Uses DRAFT Section 5: This ordinance shall be published in a manner provided by Section 2.09 (D) ofthe Charter ofthe City ofLaredo. Section 6: This ordinance shall become effective as and from the date ofpublication specified in Section 2. Section 7: Severability Ifany provision, section subsection, sentence, clause, or phrase ofthis ordinance, or the application ofthe same to any person or set ofcircumstances is for any reason held to be unconstitutional, void or invalid, the validity ofthe remaining portions ofthis ordinance or their application to other persons or sets ofcircumstances shall not be affected thereby, it being the intent ofthe City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity or another portion hereof, and all provisions ofthis ordinance are declared to be severable for that purpose. Section 8: Open Meeting The City Council officially finds, determines, recites and declares that a sufficient written notice ofthe date, hour, place and subject ofthis meeting ofthe City Council was posted at a place convenient to the public at the city hall ofthe City for the time required by law preceding this meeting as required by the Open Meeting Law, Alticle 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at al times during which this ordinance and the subject matter approves and confirms such written notice and the contents and posting hereof. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ____DAY OF ,2007. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY DRAFT APPROVED AS TO FORM: RAUL CASSO CITY ARNEY COUNCIL COMMUNICATION DATE: SUBJECT: INTRODUCTION OF AN ORDINANCE Authorizing the City Manager to execute an amendment to the lease agreement for 10-15-07 approximately 2,600 square feet constituting Building No. 1006 located at 4608 Daugherty Avenue at the Laredo International Airport with Dairy Process, Inc. approved on July 1, 2002, by Ordinance No. 2002-0-141 and as amended on December 2, 2002, by Ordinance No.2PP2-0-S07. Le~~ee wishes to further amend said lease agreement in order to change Lessee's name from Dairy Process, Inc. to International Dairy Products, Inc. and change Lessee's mailing address from 4608 Daugherty Avenue, Suite B, Laredo, Texas, 78041 to 5508 Thomas Avenue, Laredo, Texas, 78041. All other terms and conditions remain unchanged and 1n effec:t; providing for an effective date. INITIATED BY: Jesus M. Olivares STAFF SOURCE: Jose L.Flores Assistant City Manager Airport Director PREVIOUS COUNCIL ACTION: Ordinance No. 2002-0-141 dated July 1, 2002, authorized a lease . agreement with Dairy Process, Inc. for Building No. 1006. Ordinance No. 2002-0-307 dated December 2, 2002, authorized an amendment allowing the leased premises be used for medical clinic and! or medical related uses. BACKGROUND: The leased premises consist of approximately 2,600 square feet constituting Building No. 1006 located at 4608 Daugherty Avenue at the Laredo International Airport. The lease term for ten (10) years commenced on July 1, 2002 and will end on June 30, 2012, and may be extended for two (2) terms of five (5) years each ending on June 30, 2017 and June 30,2022. FINANCIAL IMPACT: None. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: On September 5, 2007, the Airport Advisory Approval of this amendment. Committee considered this item and recommends approval. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT FOR APPROXIMATELY 2,600 SQUARE FEET CONSTITUTING BUILDING NO. 1006 LOCATED AT 4608 DAUGHERTY AVENUE AT THE LAREDO INTERNATIONAL AIRPORT WITH DAIRY PROCESS, INC. APPROVED ON JULY 1,2002, BY ORDINANCE NO. 2002-0-141 AND AS AMENDED ON DECEMBER 2, 2002, BY ORDINANCE NO. 2002-0-307. LESSEE WISHES TO FURTHER AMEND SAID LEASE AGREEMENT IN ORDER TO CHANGE LESSEE'S NAME FROM DAIRY PROCESS, INC. TO INTERNATIONAL DAIRY PRODUCTS, INC. AND CHANGE LESSEE'S MAILING ADDRESS FROM 4608 DAUGHERTY AVENUE, SUITE B, LAREDO, TEXAS, 78041 TO 5508 THOMAS AVENUE, LAREDO, TEXAS, 78041. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED AND IN EFFECT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Airport Director recommends that the City Council approve the proposed amendment to the lease agreement approved on July 1,2002, by Ordinance No. 2002-0-141 and as amended on December 2, 2002, by Ordinance No. 2002-0-307 between the City of Laredo, as LESSOR, and Dairy Process, Inc., as LESSEE, as a contract and in furtherance ofthe development ofthe Laredo International Airport and as a support to the maintenance and operation ofthe Laredo International Airport; and WHEREAS, on July I, 2002, LESSOR and LESSEE entered into a lease agreement approved by Ordinance No. 2002-0-141 for approximately 2,600 square feet constituting Building No. 1006 located at 4608 Daugherty Avenue at the Laredo International Airport; and WHEREAS, on December 2, 2002, Ordinance No. 2002-0-307 authorized an amendment to the lease agreement amending, specifically, Section 1.09, "Use and Use Conflict", in order to add the following wording: medical clinic and/or medical related uses as allowable uses for the leased premises; and WHEREAS, LESSEE wishes to further amend said lease agreement in order to change LESSEE'S name from Dairy Process, Inc. to International Dairy Products, Inc. Amend Section 4.08, "Notices", in order to change LESSEE'S mailing address from 4608 Daugherty Avenue, Suite B, Laredo, Texas, 78041 to 5508 Thomas Avenue, Laredo, Texas, 78041. All other terms and conditions remain unchanged and in effect; and WHEREAS, the Airport Advisory Committee finds that said amendment is in the best interest of the Airport and recommends that the City Council approve the proposed amendment; and Page 1 of2 AN AMENDMENT WITH INTERNATIONAL DAIRY PRODUCTS, INC. (BUILDING NO. 1006) WHEREAS, the City Council of the City of Laredo having heard the recommendations of the Airport Director and of the Airport Advisory Committee agrees with same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The City Manager be hereby authorized to execute an amendment to the lease agreement approved on July 1, 2002, by Ordinance No. 2002-0-141 and as amended on December 2, 2002, by Ordinance No. 2002-0-307 with Dairy Process, Inc. LESSEE wishes to further amend said lease agreement in order to change LESSEE'S name from Dairy Process, Inc. to International Dairy Products, Inc. and change LESSEE'S mailing address from 4608 Daugherty Avenue, Suite B, Laredo, Texas, 78041 to 5508 Thomas Avenue, Laredo, Texas, 78041. All other terms and conditions remain unchanged and in effect, a copy ofwhich amendment is attached hereto as Exhibit A, and incorporated herein as ifset out at length for all intents and purposes. Section 2: This Ordinance shall become effective upon passage hereof. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY BY: Ilkfill. ~ t-o/ VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY Page 2 of2 NOTE: This agreement is subject to City Council approval, and also constitutes a public document under the Texas Open Records Act, being subject to public inspection at any time hereafter. STATE OF TEXAS )( COUNTY OF WEBB )( LEASEAMENDMENT This Lease Amendment made and entered into in the City of Laredo, County of Webb, State of Texas, on this day of , 2007, by and between THE CITY OF LAREDO, a municipal corporation (hereinafter called "LESSOR"), and International Dairy Products, Inc. (hereinafter called "LESSEE"). WHEREAS, on July I, 2002, LESSOR and LESSEE entered into a lease agreement approved by Ordinance No. 2002-0-141 for approximately 2,600 square feet constituting Building No. 1006 located at 4608 Daugherty Avenue at the Laredo International Airport. WHEREAS, on December 2, 2002, Ordinance No. 2002-0-307 authorized an amendment to said lease agreement amending, specifically, Section 1.09, "Use and Use Conflict", in order to add the following wording: medical clinic and/or medical related uses as allowable uses for the leased premises. WHEREAS, LESSEE wishes to further amend said lease agreement in order to change LESSEE'S name from Dairy Process, Inc. to International Dairy Products, Inc. Amend Section 4.08, "Notices" in order to change the mailing address from 4608 Daugherty Avenue, Suite B, Laredo, Texas, 78041 to 5508 Thomas Avenue, Laredo, Texas, 78041. All other terms and conditions ofthis agreement remain unchanged and in effect. WITNESSETH WHEREAS, the LESSOR currently owns and operates the land premises known as the Laredo International Airport (hereinafter called "Airport"), located in Laredo, Webb County, Texas, and; WHEREAS, the LESSOR deems it advantageous to itself and to its operation of the Airport area to lease to LESSEE certain rights, privileges and uses herein as necessary to conduct its business as hereinafter set forth; NOW, THEREFORE, LESSOR and LESSEE for and in consideration of the covenants and mutual agreements hereinafter contained, do hereby covenant and agree as follows: LEASE AMENDMENT BETWEEN THE CITY OF LAREDO AND INTERNATIONAL DAIRY PRODUCTS, INC. (BUILDING 1006) ARTICLE I PREMISES, TERMS, AND PRIVILEGES DEFINITIONS: "Laredo International Airport" or "Airport": That certain area administered by LESSOR pursuant to Indenture from the United States of America to the City of Laredo, dated February 21, 1975, and consisting of all the area bounded by Saunders Avenue to the South, McPherson Avenue to the West, Lake Casa Blanca to the East and undeveloped land to the North, and being more particuarly described in that certain Deed ofIndenture filed in Volume 478 at page 471 of the Deed of Records of Webb County, Texas. "LESSOR": The City of Laredo, by and through its duly constituted agent, the Airport Director, shall be considered the LESSOR for all purposes ofthis lease. "PREMISES": Includes the property and building subject to the lease. "STRUCTURE" or "STRUCTURAL": Includes, but is not limited to, the foundation, load bearing walls, joists, rafters, load bearing surfaces, water pipes, drainage pipes, and air conditioning ducts. 1.01 LEASED AREA: The LESSOR does hereby lease approximately 2,600 square feet constituting Building 1006, located at 4608 Daugherty Avenue (Suite B), Laredo, Webb County, Texas situated on property described as Block No. 18, of the subdivision plat of Laredo Airport according to the map or plat thereof recorded in Volume 5, Page I, plat records of Webb County, Texas. The property on which the building is situated is more particularly described and depicted on "Exhibit A" attached hereto and incorporated herein, all hereinafter referred to as the leased area, all within the Laredo International Airport, and LESSEE hereby leases the said leased area from LESSOR. 1.02 TERM: This lease is to be for a term often (10) year(s) commencing on July 1,2002, and ending on June 30, 2012. However, LESSEE may terminate lease upon giving a 60-day written notice to LESSOR. 1.03 OPTION TO EXTEND: LESSEE is hereby granted an option to extend this lease for five (5) years until June 30, 2017, and for an additional five (5) years until June 30, 2022, with each option to be exercised by letter in writing delivered to and received by the LESSOR at its Airport Director's Office, at least sixty (60) days before the end of the previous term. Extension Page 2 LEASE AMENDMENT BETWEEN THE CITY OF LAREDO AND INTERNATIONAL DAIRY PRODUCTS, INC. (BUILDING 1006) shall be upon the terms and conditions of this agreement. However, LESSEE may terminate lease upon giving a 60-day written notice to LESSOR. 1.04 RENTAL OBLIGATION: Subject to annual review for rent escalation pursuant to Section 1.05 herein, LESSEE herein agrees to pay to LESSOR monthly, in advance, the sum of Six Hundred and Fifty Dollars ($650.00) base rent for each month, during the initial term of this lease and any extension thereto. Monthly rent shall commence on November 1,2002. Monthly rentals shall be paid in advance on or before the first (I") day of each month, the first ofsuch monthly rental payments (or proportionate part thereof, should the lease be effective on a day other than the first day of the month) being due on the effective date ofthis lease. The basic rent and such additional charges as accrued shall be paid by the first 5t (1 ) day of each month without notice, demand, counterclaim, setoff, deduction or defense, and without abatement, suspension, deferment or diminution or reduction by reason thereof, and, except as otherwise provided in this agreement, the obligations and liabilities of the LESSEE shall not be affected by any circumstances or occurrences, including but not limited to: (a) Any damages to or destruction ofthe premises or any part thereof; (b) Any restriction or prevention of or interference with any use of the leased property or any part thereof; (c) Any claim LESSEE has or might have against LESSOR; (d) Notice oftermination ofleasehold, whether by LESSOR or LESSEE. 1.05 RENTAL ESCALATION: Without waiving other rental escalation proVISIOns in this contract, monthly rentals shall be adjusted annually during the primary and extension periods by an amount which is equivalent to the percent change in the Consumer Price Index (CPI) from the preceding calendar year's average, specifically defined as the Consumer Price Index (U. S. Average, All Urban Consumers, All Items) 1982-84 = 100 Base as compiled by the Bureau of Labor Statistics. This means that at the anniversary date of July I, 2003, and annually thereafter, the rent will be adjusted according to the percent change in the CPI as that date from that ofthe preceding calendar year (January-December), not to exceed four (4%) percent. Page 3 LEASE AMENDMENT BETWEEN THE CITY OF LAREDO AND INTERNATIONAL DAIRY PRODUCTS, INC. (BUILDING 1006) Example: 1. First Anniversary: Base rent x CPI = adjustment + base rent = rent for second year. 2. Second Anniversary: Second year's rent x CPI = adjustment + second year's rent = rent for third year... etc., annually until lease expiration or any extension thereto. Notwithstanding anything to the contrary, the annual rental obligation effective on the tenth (loth) armiversary shall be adjusted based on nine (9%) percent of the then appraised fair market value of the leased premises excluding tenant-constructed improvements thereon and such revised rental shall be adjusted annually thereafter as provided in this section. 1.06 DEPOSIT: In addition to the initial rental payment called for in paragraph 1.04, LESSEE shall deposit with LESSOR the sum of the amount equivalent to the first month's rent. The deposit held by LESSOR shall always be equivalent to the CUITent rental required hereunder. The deposit shall be retained by LESSOR during the lease term or any extension hereto, and, upon termination of the lease, shall be returned to LESSEE less and except, and this will serve to authorize LESSOR'S withholding from such deposit, any monies then due and owing to the LESSOR by LESSEE nnder the terms ofthis lease, including but not limited to any costs ofrestoring the premises to the condition called for under the terms hereof, as well as any other indebtedness caused, or charges owing by LESSEE to LESSOR, reasonable wear and tear excepted. 1.07 UTILITIES: LESSEE shall provide and payor cause to be paid all charges for water, heat, gas, electricity, sewers, and any and all other utilities used on the premises throughout the term ofthis lease, including any connection fees. 1.08 TAXES: LESSEE agrees to pay and discharge promptly, before delinquency, any and all taxes, impositions and government charges of any kind whatsoever that may be lawfully assessed against the LESSEE or the LESSOR, with respect to the leased premises or any improvement, personal property, tools, equipment, furniture, fixtures or inventory thereon, during the term ofthis Lease including any extensions or option periods granted thereto and LESSEE agrees to pay for all the costs and expenses of contesting any such taxes. Page 4 LEASE AMENDMENT BETWEEN THE CITY OF LAREDO AND INTERNATIONAL DAIRY PRODUCTS, INC. (BUILDING 1006) The LESSEE in good faith may contest any tax or govermnental charge by means provided by law; provided that the LESSEE may not permit such tax or govermnental charge to remain unpaid during the period of such contest and any appeal therefrom unless, in the opinion of counsel satisfactory to LESSOR, such action will not adversely affect any right or interest ofthe LESSOR. 1.09 USE AND USE CONFLICT: The leased area is to be used and occupied solely for the purpose of office space and laboratory and medical clinic and/or medical related uses and no other use of the leased area is permitted. LESSEE shall have the right to sublease all or any part of the space demised hereunder for the same purpose permitted under the terms and provisions of this lease, provided LESSEE first obtains LESSOR'S consent, such consent shall not be unreasonably withheld. Any such sublease shall be subject to the same conditions, obligations and terms as set forth herein and LESSEE shall be responsible for the observance by its sublessees ofthe terms and covenants contained in this lease. In the event that LESSEE shall become incompetent, bankrupt or insolvent, or be dissolved, or should a guardian, trustee or receiver be appointed to administer LESSEE'S business or affairs, neither this lease nor any interest herein shall become an asset of the guardian, trustee or receiver, and this lease shall immediately terminate and end. 1.10 LATE CHARGE: Should LESSEE fail to pay when due any installment of rental, or any other sum payable to the LESSOR under the terms ofthis Lease, then interest at the maximum legal rate then payable by LESSEE in the State ofTexas shall accrue from and after the date on which any such sum shall be due and payable, and such interest shall be paid by LESSEE to LESSOR at the time of payment of the sum upon which such interest shall have accrued and acceptance of such late payment and late fee shall not be a waiver of any of the provisions or rights provided by this contract. 1.11 LESSOR'S WARRANTY OF OUIET ENJOYMENT: The LESSOR covenants that as long as LESSEE is not in default ofany provision ofthis Agreement, LESSEE shall and may peaceably and quietly have, hold and enjoy the leased premises exclusively to it during the term hereof unless sooner terminated as provided in this Agreement. Page 5 LEASE AMENDMENT BETWEEN THE CITY OF LAREDO AND INTERNATIONAL DAIRY PRODUCTS, INC. (BUILDING 1006) 1.12 WARRANTY OF TITLE: LESSOR hereby represents and warrants that it is the owner in fee simple absolute of the leased premises, subject to any covenants, conditions, restrictions, easements, and other matters ofrecord. ARTICLE II INDEMNITY, REPAIRS, ALTERATIONS AND INSURANCE 2.01 INDEMNITY AND NONCLAIM: LESSEE hereby declares itself fully familiar with the physical condition of the leased premises and the improvements, fixtures and equipment leased herein, and declares that said premises were in good condition when possession ofsame was accepted and that there were no latent defects in the facilities as those facilities are deemed vital to the use ofthe premises for their intended commercial purpose. LESSEE for itself, its agents, employees, servants, successors and assigns promises to hold harmless and indemnify LESSOR from and against any and all claims by or on behalf of any person, whether legal or equitable, including governmental bodies, arising from the conduct or management ofor from any work or thing done and from any conditions of the leased buildings or other structures, sidewalks, driveways, or parking areas and facilities on the leased premises or any street, curb, or sidewalk adjoining thereon, and from all costs, attorney's fees, witness fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; except any and all actions or proceedings arising out of the sole negligence or willful act of LESSOR, its employees, agents, or representatives from which LESSOR shall indemnify and hold LESSEE harmless; and in the event that any action or proceeding brought against the LESSOR by reason of such claim, the LESSEE upon notice from the LESSOR covenants to resist and defend such actions or proceedings. LESSEE agrees for itself, its agents, servants, employees, invitees, successors and assigns that it will not bring suit against the LESSOR or assign any cause of action resulting from accident, fire, noise, or disturbance from the operation, maintenance, accident, crash, or crash landing of any airplane in the Laredo International Airport area or in the vicinity of the Laredo International Airport, or during any operation of aircraft over the premises, except any such cause of action arising out ofthe negligence or willful act ofLESSOR, its employees, agents, or representatives. LESSEE also holds LESSOR blameless for any damage to or destruction of LESSEE'S property located on leased premises, including that caused by natural occurrence, or any other cause whatsoever, unless caused by LESSOR'S employees, agents, or representatives, while said employees, agents or representatives are acting in the course or scope oftheir duties for the LESSOR. Page 6 LEASE AMENDMENT BETWEEN THE CITY OF LAREDO AND INTERNATIONAL DAIRY PRODUCTS, INC. (BUILDING 1006) 2.02 LESSEE'S DUTY TO REPAIR: LESSEE shall, throughout the term ofthis lease, take good care ofthe leased area and the fixtures and appurtenances therein and at its sole cost and expense make all repairs, whereby structural or non-structural, thereto as and when needed to preserve them in good working order and condition. In this regard, LESSEE is responsible for the maintenance and repair at LESSEE'S sole cost and expense of all windows, doors, plumbing, electrical, light fixtures, plumbing fixtures, air conditioning system, painting of interior and exterior walls when needed, floor covering and other non-structural repairs. As well as structural repairs including the roof, walls, whether interior or exterior, foundation and any other structural component of the building. Necessary modifications to the demised premises to comply with the Americans with Disabilities Act will be the responsibility ofthe LESSEE. Damage or il\iury to the premises, fixtures, appurtenances whether requIrIng structural or non-structural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of LESSEE, its servants, employees, or licensees, shall be repaired promptly by LESSEE at LESSEE'S sole cost and expense, to the satisfaction of LESSOR. 2.03 ALTERATIONS: LESSEE is granted the right to make alterations to the leased area other than structural alterations or repairs at LESSEE'S sole cost and expense subject to the following terms and conditions. (a) LESSEE must first obtain the written consent of LESSOR. LESSOR reserves the right to reject any proposed extension, repair or alteration, any particular contractor or each and every subcontractor, or the complete project. (b) Ultimate title to an alteration properly consented to by LESSOR will rest with LESSOR immediately upon completion and will remain in LESSOR'S possession at termination ofLESSEE'S tenancy. (c) Trade fixtures, movable furniture, and other service equipment ofLESSEE peculiar to LESSEE'S business are not to be included in alterations, and must be removed by LESSEE, upon termination of lease, provided LESSEE is not in default of lease obligations. LESSOR reserves the right to demand that LESSEE restore the premises to reasonably the same condition and state as the premises were found prior to making such alterations, in a manner acceptable to LESSOR, and to demand that LESSEE pay all costs ofsuch restoration upon termination oflease. Page 7 LEASE AMENDMENT BETWEEN THE CITY OF LAREDO AND INTERNATIONAL DAIRY PRODUCTS,INC. (BUILDING 1006) LESSEE further agrees that any damages as may be caused by the installation or removal of trade fixtures discussed in condition (c), will bind LESSEE to repair said damage expeditiously at LESSEE'S sole expense upon written notice by LESSOR. LESSOR maintains and reserves the right to make alterations and remodeling changes, provided said work does not unduly or unreasonably interfere with LESSEE'S day-to-day operations and business. 2.04 INSURANCE: (a) Fire and Extended Coverage Insurance: The leased area is covered under the LESSOR'S Master Insurance Coverage. Premiums are paid by the LESSOR for its sole benefit and protection. (b) Contents: Insurance on the contents of the leased area IS the sole responsibility ofthe LESSEE. (c) Public Liability Insurance: LESSEE agrees to indemnify and hold LESSOR harmless from any and all claims, damages, causes of action, cost and expense, including attorney's fees resulting from or related to LESSEE'S use and occupancy ofthe leased premises, except any such claims, damages, causes of action, costs and expenses arising out of the negligence or willful act of LESSOR, its employees, agents, or representatives from and against which LESSOR shall indemnify and hold LESSEE harmless. In this connection, LESSEE shall carry and maintain Public Liability Insurance in minimum amounts of Five Hundred Thousand Dollars ($500,000.00) per incident, and One Hundred Thousand Dollars ($100,000.00) property damage per incident, in which LESSOR shall be named as additional insured. Such policies shall provide that same shall not be cancelled without thirty (30) days prior written notice to LESSOR, and LESSOR shall be furnished, within thirty (30) days from the effective date of this lease, with a copy of such proof of insurance. However, LESSEE shall maintain Public Liability Insurance at all times throughout the term of this lease. LESSOR reserves the right to make its acceptance of an insurance company a condition of this lease such that disapproval or revocation of approval thereof shall authorize LESSOR to terminate the lease. ARTICLE III DEFAULT, HOLDING OVER AND ABANDONMENT 3.01 LESSEE'S DEFAULT: It is covenanted and agreed to by both parties that in the event that: (l) LESSEE should fail to timely pay the full amount of rent and fees provided for herein; or Page 8 LEASE AMENDMENT BETWEEN THE CITY OF LAREDO AND INTERNATIONAL DAIRY PRODUCTS,INC. (BUILDING 1006) (2) LESSEE defaults in the performance of any of the covenants, conditions, or agreements provided for herein to be kept and performed by LESSEE, including, but not limited to, the provisions for carrying Public Liability Insurance; or (3) LESSEE permits the leased premises to be used for any unauthorized or unlawful business or purpose; or (4) LESSEE assigns or subleases or otherwise transfers this lease; or (5) LESSEE files a voluntary petition of bankruptcy to make a general assignment for the benefit ofcreditors; or (6) LESSEE abandons the premises or leaves the premIses vacant or unoccupied for thirty (30) consecutive days; Then, and in any event, the LESSOR may, at its option and without waiving any other rights that LESSOR has under this contract, at any time after such default, give notice ofthis specific default or failure ofperformance and demand immediate correction of such default or failure ofperformance by the LESSEE. In the event that LESSEE fails to remedy the default or to cOITect the failure ofperformance within thirty (30) days after service ofsuch written notice, the LESSOR shall have the right to: (a) Terminate the lease and re-enter the leased premises and remove all persons and any all personal property therefrom and LESSEE hereby agrees to surrender the premises to LESSOR, without waiving LESSOR'S right to past and future rents due hereunder. In such event, LESSOR may re-let the premises to other prospective LESSEES for the remainder ofthe term ofthis lease, and LESSEE shall be liable for any loss to LESSOR incurred in such re-letting for the terms of this lease, including but not limited to, rent, attorney's fees, ifany; and/or (b) Remedy the default and deduct the expenses incurred in remedying such default from the security deposit held by LESSOR pursuant to the terms ofthis lease. Notwithstanding any provision as to notice in this lease contained, if in the LESSOR'S reasonable judgment the continuation of any default by the LESSEE for the full period of the notice otherwise provided for herein will jeopardize the leased area or the rights of LESSOR, the LESSOR may, without notice, elect to perform those acts in respect to which LESSEE is in default, at LESSEE'S sole cost and expense, and LESSEE shall thereupon reimburse the LESSOR within ten (10) days of written request by LESSOR to LESSEE for such reimbursement. Failure of the LESSEE to reimburse in these circumstances shall mean that the LESSOR has the immediate right to terminate this lease. Page 9 LEASE AMENDMENT BETWEEN THE CITY OF LAREDO AND INTERNATIONAL DAIRY PRODUCTS, INC. (BUILDING 1006) 3.02 RIGHTS ON DEFAULT: LESSOR shall have a statutory LESSOR'S lien on all merchandise, goods, chattels, implements, fixtures, tools, furniture, machinery and any other personal property which LESSEE now or at any time hereafter may place in or upon the premises, all exemption of said property, or any part of it being herein expressly waived by the LESSEE. LESSOR IS HEREBY GRANTED AN EXPRESS CONTRACTUAL LESSOR'S LIEN ON THE ABOVE GOODS, ALL OR ANY EXEMPTION BEING HEREBY WAIVED BY LESSEE, BUT WITHOUT LIMITING LESSEE'S RIGHT TO SELL, EXCHANGE OR REPLACE SUCH GOODS FROM TIME TO TIME IN THE ORDER OR COURSE OF BUSINESS OR TRADE. Default on rent entitles LESSOR, at its option, to take whatever lawful action reasonably necessary to protect LESSOR'S interest in said property, including the storing of liened goods for payment for a reasonable time, as well as the selling of such goods at public or private auction for rent due, without waiving LESSOR'S right to the total rent due. 3.03 ATTORNEY'S FEES: In case LESSEE defaults in the performance of any of the terms, covenants, agreements or conditions contained in this lease and LESSOR places the enforcement of the terms ofthis lease, or any part thereof, or the collection of any rent due, or to become due hereunder, or recovery or possession of leased premises, in the hands of an attorney, or files suit upon same, LESSEE agrees to pay LESSOR reasonable attorney's fees and payment of same shall be. secured in a like manner as herein provided as to lien for rent due. 3.04 HOLDING OVER: Staying over past the term of this lease will constitute the LESSEE, upon acceptance of rental payment by LESSOR, a month-to-month tenant, at a revised rental rate of one and one half (1.5) times the rate prior to holding over. All CPI rental adjustments occurring during such hold over tenancy shall be in effect based on the revised rental rate. 3.05 ABANDONMENT: If the leased area is abandoned or vacated by LESSEE, for a period exceeding thirty (30) calendar days, LESSOR shall advertise and re-let the premises for the remainder of the term of this lease. Notwithstanding any other provision herein, if rent received including charges, does not equal rent and charges agreed to herein by LESSEE, Page 10 LEASE AMENDMENT BETWEEN THE CITY OF LAREDO AND INTERNATIONAL DAIRY PRODUCTS, INC. (BUILDING 1006) LESSEE shall remain liable and herein agrees to pay and satisfy all deficiencies and all reasonable expenses incurred in reletting and repair ofany damages. 3.06 LESSOR'S REPRESENTATION AND WAIVER: Any representations by LESSOR regarding LESSEE'S leasehold interest are embodied in this writing. The waiver by LESSOR to LESSEE of performance of any provision of this agreement shall not amount to a future waiver of strict performance of such provision or any other provision of this agreement. Any waiver of this lease agreement shall be in writing and approved by the LESSOR. 3.07 ANTI-DISCRIMINATION CLAUSES MANDATED BY FEDERAL GOVERNMENT: (a) TITLE VI OF THE CIVIL RIGHTS ACT OF 1964: The LESSEE for itself, its agents, servants, employees, successors and assigns, as a part of the consideration hereof, does hereby covenant and agrees to a covenant rurming with land that: 1. No person on the grounds of race, color or national OrIgm shall be excluded from participating in, denied the benefits of, or be otherwise subjected to discrimination in the use ofsaid facilities; 2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds ofrace, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; 3. That the LESSEE shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended; 4. That in the event of breach of any of the preceding nondiscrimination covenants, LESSOR shall have the right to take such action, anything to the contrary herein notwithstanding as the United States may direct to enforce this nondiscrimination covenant. (b) That the LESSEE shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs ofthe Department ofTransportation, and as said Regulations may be amended. Page 11 LEASE AMENDMENT BETWEEN THE CITY OF LAREDO AND INTERNATIONAL DAIRY PRODUCTS, INC. (BUILDING 1006) (C) That in the event of breach of any ofthe preceding nondiscrimination covenants, the LESSOR shall have the right to terminate the license, lease, permit, etc., and hold the same as ifsaid lease had never been made and issued. ARTICLE IV MISCELLANEOUS 4.01 NON-EXCLUSIVE USE: It is understood that nothing herein contained shall be construed to grant or authorize the granting ofan exclusive right unless specifically identified herein. 4.02 TRAILERS, ABANDONED VEHICLES EXPRESSLY PROHIBITED: Towed vehicles, or motor vehicles not cUITently licensed and actively used are not to be permitted onto the premises or any common parking area within the Laredo International Airport. Under this provision, vehicles, RV trailers, travel homes, and mobile homes, wrecked or abandoned vehicles, must be removed at LESSEE'S expense, and failure to do so will constitute a breach ofthis lease. 4.03 CAPTIONS: Articles and headings are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of any provision hereof, nor are they meant to bind the LESSOR or LESSEE to the meaning of such heading. 4.04 CONSTRUED PURSUANT TO TEXAS LAW: This agreement shall be construed under and in accordance with the laws of the State ofTexas, and performed in Webb County, Texas. 4.05 RE-ENTRY: No re-entry, repossession, operations, or reletting of the premises or of fixtures and equipment shall be construed as an election by LESSOR to terminate this lease unless a written notice of such intention to terminate is given by LESSOR to LESSEE and notwithstanding any such operation or reletting without terminating this lease, LESSOR may at any time thereafter elect to terminate this lease. 4.06 NON-EXCLUSIVE USE OF PARKING AREA: LESSEE, its employees, agents, clients, and guests shall have reasonable use of designated parking areas immediately adjacent to the leased premises and within the Page 12 LEASE AMENDMENT BETWEEN THE CITY OF LAREDO AND INTERNATIONAL DAIRY PRODUCTS, INC. (BUILDING 1006) Laredo International Airport, subject to the rights ofLESSOR to change such designation and to impose reasonable rules and regulations for such areas. 4.07 BINDING AGREEMENT: Subject to the provisions herein, all agreements, terms, obligations, covenants, and conditions of this lease shall be binding upon and inure to the benefit of the parties hereto and their respective employees, agents, servants, legal representatives, successors, and assigns unless otherwise prohibited or otherwise noted in this instrument. 4.08 NOTICES: Any notices which are required hereunder, or which either LESSOR or LESSEE may desire to serve upon the other shall be in writing and shall be deemed served when deposited in the United States mail, postage prepaid, return receipt requested, addressed to LESSEE as follows: Dairy Preoess, Ino. 4608 Daugherty Avenue (Suite B) Laredo, TelEaS 78041 International Dairy Products, Inc. 5508 Thomas Avenue Laredo. Texas 78041 and to LESSOR: Office ofthe Airport Director Laredo International Airport 5210 Bob Bullock Loop Laredo, Texas 78041 4.09 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS: Further, LESSEE, will keep and maintain the leased area in a clean and healthful condition and comply with the laws, ordinances, orders, rules and regulations (State, Federal, Municipal and other agencies or bodies having any jurisdiction hereof) with reference to use, conditions, or occupancy ofthe leased area. 4.10 OUTSIDE STORAGE PROHIBITED: Storage of vehicles, equipment, supplies, or any other items outside of the leased building(s) is prohibited, unless the storage area is fenced and approved by the LESSOR. Page 13 LEASE AMENDMENT BETWEEN THE CITY OF LAREDO AND INTERNATIONAL DAIRY PRODUCTS,INC. (BUILDING 1006) 4.11 FIRE CLAUSE: Should the leased area be destroyed by fire or casualty to the extent that it is no longer reasonably appropriate for LESSEE'S use and occupancy of said premises, LESSEE shall have the option of cancelling this lease upon written notice to LESSOR within thirty (30) days ofthe date the premises are rendered untenantable or restoring said leased area in a reasonable, sufficient, and timely manner at LESSEE'S sole cost and expense, in which case this lease shall continue in accordance with all of its terms and conditions. Failure of LESSEE to give notice of cancellation within said thirty (30) day period shall mean that the LESSEE exercises its option to continue the lease in force and effect. Rental during the period that the premises are being restored hereunder shall be abated. 4.12 AREA SURROUNDING BUILDING: In addition to LESSEE'S obligations to maintain the building herein leased, LESSEE agrees to maintain in a safe, clean, well-kept and orderly condition the immediate area surrounding said building, and as shown on the attached Exhibit A to include the right-of-way areas up to the street curb bounded by Leal Street to the south. It is agreed in this connection that the LESSEE shall keep said area free from litter or other unsightly trash, or refuse, will keep the grass cut, the weeds controlled, will water the lawn and trees when needed and will maintain the outside ofthe building and said area in a neat and orderly fashion. LESSOR reserves the right to maintain or have maintained the building(s) and/or grounds associated with the lease agreement for environmental and/or public health reasons. LESSEE agrees to promptly reimburse LESSOR for all expenses incurred in the maintenance of building(s) and/or grounds, within ten (10) days of receipt of statement. Failure to do so will constitute breach of contract and LESSEE will be in default of the lease agreement. 4.13 GARBAGE STORAGE AND DISPOSAL: LESSEE agrees to store all accumulated garbage in a neat and clean manner, as an essential element of its responsibilities for neatness ofthe premises, LESSEE herein also agrees that garbage carrying and disposal is its sole responsibility, and agrees to comply with all rules and ordinances ofthe City and State regarding its storage and disposal. 4.14 IMPROVEMENTS VESTED IN LESSOR: The parties agree that the obligation and promise ofLESSEE, as expressed herein, to make repairs and improvements and maintain the leased premises is a part of the total consideration for this lease agreement. Therefore, all right, title, and interest in and to said repairs or improvements shall at all times herein be vested in LESSOR, subject only to the right of LESSEE to the use and possession of said building and improvements Page 14 LEASE AMENDMENT BETWEEN THE CITY OF LAREDO AND INTERNATIONAL DAIRY PRODUCTS,INC. (BUILDING 1006) during this lease term plus any extensions hereof as provided in said lease so long as LESSEE is not in default or any ofthe terms ofthis agreement. It shall be the obligation of LESSEE to maintain and repair the said leased area and improvements during the term ofthis lease or any extension thereof. Upon termination, interest in and to the said repairs or improvements shall remain vested in LESSOR, and LESSEE shall not have any further rights therein nor be entitled to any reimbursement by reason of LESSEE'S maintenance, improvements, repair or use ofsaid leased area. 4.15 SUBORDINATION OF LEASE: This lease shall be subordinated to the provisions ofany existing or future agreement between LESSOR and the United States, relative to the operation or maintenance ofthe Airport, the execution ofwhich has been or may be required as a condition precedent to the expenditure ofFederal Funds for the development ofthe Airport. It is expressly understood and agreed that this lease is subject to and subordinate to and controlled by provisions, stipulations, covenants and agreements contained in those certain contracts, agreements, resolutions and actions of the City of Laredo, Texas, constituting agreements between the City and United States of America and its agents including but not limited, to the Federal Aviation Administration (FAA) and all regulations now and hereafter imposed upon the City and that the LESSOR shall not be liable to LESSEE on account of any of the foregoing matters and all of such contracts, agreements, resolutions and regulations are incorporated herein by reference, and if any provision of this lease is determined to be a variance with same, such provision is unilaterally reformable at LESSOR'S option. The parties agree that as of the date of execution of this contract there exists no provisions, stipulations, covenants, or agreements which would prohibit LESSEE from using the leased premises for the purpose set forth in Paragraph 1.09, entitled "Use and Use Conflict" in this agreement. 4.16 NATIONAL EMERGENCY: During the time ofwar and national emergency, LESSOR shall have the right to lease the landing area or any part thereofto the United States Government or military or naval use, and, ifsuch lease is executed, the provisions ofthis instrument insofar as they are inconsistent with the provisions ofsuch lease to the Government, shall be suspended. 4.17 AIRPORT HAZARD: The LESSEE and its agents, servants, employees, successors and assigns, will not make or permit any use of the property which would interfere with landing or taking off of aircraft at the Airport, or otherwise constitute an airport hazard. This includes such Page 15 LEASE AMENDMENT BETWEEN THE CITY OF LAREDO AND INTERNATiONAL DAIRY PRODUCTS, INC. (BUILDING 1006) items as electrical or electronic equipment, creation of smoke or dust or glaring or misleading lights. 4.18 NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION: The LESSEE and its successors and assigns will complete an FAA Form 7460-1, "Notice of Proposed Construction or Alteration", and receive a favorable determination from FAA prior to any construction on the property. 4.19 AERIAL APPROACHES: LESSOR reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent LESSEE from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of the LESSOR, would limit the usefulness ofthe Airport or constitute a hazard to aircraft. 4.20 TIME OF ESSENCE: Time is ofthe essence in this agreement. 4.21 PREMISES LEASED "AS IS": Premises are leased AS IS and there is no expressed or implied warranty on the condition or suitability ofthe building. 4.22 PROVISIONS: Any provision in this Lease which proves to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof and the remainder of this Lease shall remain in full force and effect. 4.23 AGREEMENT: This Agreement consists of Article I through IV and Exhibit A. It constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged, or extended except by written instrument duly executed by the LESSOR and LESSEE. LESSEE agrees that no representations or grant of rights or privileges shall be binding upon the LESSOR unless expressed in writing in this Agreement. Page 16 LEASE AMENDMENT BETWEEN THE CITY OF LAREDO AND INTERNATIONALDAffiY PRODUCTS, INC. (BUILDING 1006) EXECUTED ON THIS __DAY OF ,2007. CITY OF LAREDO a municipal corporation By:__,.--~ _ CARLOS R. VILLARREAL CITY MANAGER ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY BY:, _ VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY INTERNATIONAL DAIRY PRODUCTS, INC. LOZANO GARZA GENERAL MANAGER Page 17 R J NCflTHWJ:S r cannER G DCX ID. SUtH;;·..;:;:;:;x p~ CF LAREoo AlflPOnT RECORDED IN' YOL. 5. PG. 1. wE:B13 COUNTY PLAT RECQRO$. -\-_~~~A"-,NDMMLS+cT,,,+-'!.1P~AY:s-E!!..'.DJ_+ N QI"'OS' ST t-.... 1t.1.(' 8.75' ..-9. 'Cf(firRO.W S 86·Sg·IO-E~· -~-----T -T------.' IS' UTILITY EASEH~NT " I ) ~ : :2" SAN. SEWER ESf·n. o 7" _ a w w > "''-----.:1 « b & a. I v· I :.. /~--- I S3rorore 2).(.09" II L I. ," •OW L_~ •~ -o ~ BLOCK 18 ~ . -< 0- 3.7932 ACRE TRACT LEGENO: SCALE' ,- .. 100' o • VT '# IROtl PIN .. •. A _ ~------I SURVEY OF I. R09~I;o R;v~o R~ls:t~~ PubHc Sur~YOf of u ... Sfor~ or l"xo'l: do l>ef"by c~rtif., that thk A :179)2 ACRE /165.2J059 sq. !1.I J:vr""y l~ tn,,, O"'>d COff!'ct Of'ld "'oS f'r~por'td 00 TRACT OUT OF BLOCK E lJ.ound u"d"r ..... y s\.Otr"l:don. Ihls_151h dor of S'fPfEHaER 1969. OF THE SUBDIYISION PLAT OF ..J'" ~ LAREDO AIRPORT <--«:;::fl;~~:r" . RECOROED TN VOI.UH'E 5. rAGE 1 ~ 1~~;--~-::;-~.4') d'/L ~.AT - 3HE WED8 ccuny. tEXAS REU'flOS 1(_-. /1r::-:''';'':';i1~I -.e»-:,.t. _ \-::~~i;i1;J~t~}:{.:~. R09efio ni".,o. P. {. .NOR r HERtl AUOIT/Ot!. :.-~;~d.;ti}· luos RP.5. H 0. )052 CITY OF LAREDO WEBB COUNTY. TEXA~ ':~--:'7~~:~~-c1TY OF l ARE00 '. 13"(, DATE' -< :: EoglOeering Oepo rlmenl' DRAWN r-(. /""7'o.e.4Le. =' C<7- /.'5- t:19 U.J~~ '~.El'-f:TLET1 A\·£,.l·"EDO. lEX. 700Lt (HE.C.Y-Eo· A. $//7,"/)1 Cf-;ll-t:!-1" EXHIBIT A COUNCIL COMMUNICATION DATE SUBJECT: INTRODUCTORY ORDINANCE 10-15-07 Authorizing the City Manager to grant a Right-of-Entry to the United States ofAmerica in City- owned property along the Rio Grande Riverbend from the northern to the southern City limits, to solely conduct for visual observations for environmental studies ofpossible actions, including improvements to existing patrol roads, the construction ofnew patrol roads, and the removal of giant cane within a 300-foot-wide corridor parallel to the Rio Grande River. Said City-owned property, including any river vega land alopg said riverbend, consisting of: all ofBlocks 015, 016, 15,017,018,019,57,58,613,614,6'15,616,140,141,143, 144,149,150,151,152,568, 709,710 & 450A, Eastern Division, City ofLaredo, all ofBlocks 414, 415, 416, 419, 424,426, 425,428,431, 431A, 434, 434A, 437, 437A, 516, 517, 613, 614, 615,628,629,630,631,643, 644,645,646,657,658,659,660,666,667,668,669,670,671,672,672A,673,674,675, 676, 677,679,680,708, 708B, & 724, Western Division, City ofLaredo, a 22.087 acres tract located in Porcion 18, a 58.00 acres tract located in Porcion 21, an 18.00 acres tract located in the River Oaks Park Subdivision, a 10.59 acres tract located in Porcion 22, an 138.513 acres tract located partly in Porcion 36 and partly in Porcion 37, a 22.00 acres tract located in Porcion 37 and a 31.00 acres tract located in Porcion 38. Said Right-of-Entry being described on attached Exhibit 1; and providing for an effective date. INITIATED BY: STAFF SOURCE: Horacio A. De Leon, Jr. Ronnie Acosta Assistance City Manager CD Director PREVIOUS COUNCIL ACTION: None. BACKGROUND: The United States ofAmerica, U. S. Border Patrol has requested that the City ofLaredo grant them a Right-of- Entry in the above-mentioned City-owned property, solely to make visual observations, to conduct environmental studies ofpossible actions, including improvements to existing patrol roads, the construction of new patrol roads, and the removal ofgiant cane within a 300-foot-wide corridor parallel to Rio Grande River. The grant ofsaid Right-of-Entry will enable the United States ofAmerica, U. S. Border Patrol to better accomplish its mission. That being the case, it is in the best interest ofthe City ofLaredo to grant said Right-of-Entry to the United States ofAmerica, U. S. Border Patrol, as described on attached Exhibit 1. Exhibit A ofExhibit 1 shows the areas for which the permit is granted. FINANCIAL IMPACT: None. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Staffrecommends introduction ofOrdinance. ORDINANCE AUTHORIZING THE CITY MANAGER TO GRANT A RIGHT-OF-ENTRY TO THE UNITED STATES OF AMERICA IN CITY-OWNED PROPERTY ALONG THE RIO GRANDE RIVEBEND FROM THE NORTHERN TO THE SOUTHERN CITY LIMITS, TO SOLEY CONDUCT FOR VISUAL OBSERVATIONS FOR ENVIRONMENTAL STUDIES OF POSSIBLE ACTIONS, INCLUDING IMPMROVEMENTS TO EXISTING PATROL ROADS, THE CONSTRUCTION OF NEW PATROL ROADS, AND THE REMOVAL OF GIANT CANE WITHIN A 300-FOOT-WIDE CORRIDOR PARALLEL TO THE RIO GRANDE RIVER. SAID CITY-OWNED PROPERTY, INCLUDING ANY RIVER VEGA LAND ALONG SAID RIVERBEND, CONSISTING OF: ALL OF BLOCKS 015, 016,15,017,018, 019,57,58,613,614,615,616, 140, 141, 143, 144, 149, 150, 151 & 152, 568, 709, 710 & 450A EASTERN DIVISION, CITY OF LAREDO AND ALL OF BLOCKS 414,415,416,419,424,426,425,428,431, 431A, 434, 434A, 437, 437A, 516, 517, 613,614,615,628,629,630,631,643,644, 645, 646,657,658,659, 660, 666, 667, 668,669,670,671,672, 672A, 673, 674, 675, 676, 677, 679,680, 708, 708B& 724, WESTERN DIVISION, CITY OF LAREDO, A 22.087 ACRES TRACT LOCATED IN PORcraN 18, A 58.00 ACRES TRACT LOCATED IN PORCION 21, AN 18.00 ACRES TRACT LOCTED IN THE RIVER OAKS PARK SUBDIVISION, A 10.59 ACRES TRACT LOCATED IN PORCION 22, A 138.513 ACRES TRACT LOCATED PARTLY IN PORCION 36 AND PARTLY IN PORCION 37, A 22.00 ACRES TRACT LOCATED IN PORCION 37 AND A 31.00 ACRES TRACT LOCATED IN PORCION 38. SAID RIGHT-OF-ENTRY BEING DESCRIBED ON ATTACHED EXHIBIT I; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States ofAmerica, U. S. Border Patrol has requested that the City of Laredo grant them a Right-of-Entry in the above-mentioned City-owned property, solely to make visual observations, to conduct environmental studies of possible actions, including improvements to existing patrol roads, the construction of new patrol roads, and the removal of giant cane within a 300-foot-wide corridor parallel to the Rio Grande River; and WHEREAS, the grant of said Right-of-Entry will enable the United States of America, U.S. Border Patrol, to better accomplish its mission; and, WHEREAS, it is in the best interest ofthe City ofLaredo to grant said Right-of-Entry to the United States of America, U. S. Border Patrol, as described on attached Exhibit I. Exhibit A ofExhibit I shows the areas for which the permit is granted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: A. It hereby authorizes the City Manager to grant a Right-of-Entry to the United States of America, in City"owned property along the Rio Grande Riverbend from the northern to the southern City limits, to soley conduct for visual observations for environmental studies of possible actions, including improvements to existing patrol roads, the construction of new patrol roads, and the removal ofgiant cane within a 300-foot-wide corridor parallel to the Rio Grande River. Said City- owned property, including any river vega land along said riverbend, I consisting of: all ofBlocks 015, 016, 15,017,018,019,57, 58, 613, 614,615, 616, 140, 141, 143, 144, 149, 150, 151 and 152, 568, 709, 710 & 450A, Eastern Division, City ofLaredo, all of Blocks 414,415, 416, 419, 424, 426, 425, 428, 431, 431A, 434, 434A, 437, 437A, 516, 517, 613, 614, 615, 628, 629, 630, 631, 643, 644,645, 646, 657, 658, 659, 660, 666, 667, 668,669, 670, 671, 672, 672A, 673, 674, 675, 676, 677, 679, 680, 708, 708B, & 724 Western Division, City of Laredo, a 22.087 acres tract located in Porcion 18, a 58.00 acres tract located in Porcion 21, an 18.00 acres tract located in the River Oaks Park Subdivision, a 10.59 acres tract located in Porcion 22, a 138.513 acres tract located partly in Porcion 36, and partly in Porcion 37, a 22 acres tract located in Porcion 37, and a 31.00 acres tract located in Porcion 38. Said Right-of-Entry being described on attached Exhibit 1. B. This Ordinance shall become effective upon passage thereof. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF 2007. RAUL G. SALINAS Mayor ATTEST: GUSTAVO G. GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTO 2 , '[1 ) 'f " No. DACW63-9-07- _ DEPARTMENT OF THE ARMY RIGBT-OF-ENTRY FOR SURVEY AND EXPLORATION Laredo Road and Cane Project WebbQmnty (Projec~ Installation orActivity) (Tract Number or Other Property Identification) The undersigned, hereinafter called the "Owner", hereby grants to the United States ofAmerica, hereinafter called the "Government", a temporary right-of-entry upon Owner's property described below, hereinafter called the "Property". This right-of-enlry is granted upOn the following terms and conditions: 1. The Government's employees and contractors shall ha-ve the right to enter upon Owner's Property for the purpose ofconducting environmental assessments and property surveys, including the right to temporarily store, move and remove necessary equipment and supplies; survey, stake out, appraise, bore and take soil andlor water samples, and perform any other such wor/< which may be necessary and incidental to the Government's assessment ofthe Property for proposed road improvements or new construction, and non native vegetation removal. 2 This right-of-entry is irrevocablefor a period of 12 months from the date ofthis instrument. 3. The rights granted herein include the right ofingress and egress on other lands ofthe Owner not described below, provided such ingress and egress is necessary to access the Property and is not otherwise conveniently available to the Goverrunent. 4. All tools, equipment, and other property taken upon or placed upon the land by the Goverrunent shall remain the property ofthe Government and may be removed by the Government at any time wtthin a reasonable period after the expiration ofthis right-of-entry. 5. Ifany action of the Government's employees or agents in the exercise ofthis right-of-entry results in damage to the real property, the Goverrunent wtll, at its option, either repair such damage or make an appropriate settlement wtth the Owner. In no event shall such repair or settlement exceed the fair market value ofthe fee interest ofthe real property at the time immediately preceding such damage. The Government's liability under this clause may not exceed appropriations available for such payment and nothing contained herein may be Considered as implying that Congress will at a later date appropriate funds sufficient to meet deficiencies. The provisions ofthis clause are wtthout prejudice to any rights the Owner may have to make a claim under applicable laws for any other 'damages than provided herein: 6. The Property that is subject to this right-of-entry is located in the State ofTexas, County'of Webb, and is depicted on the enclosed map. EXHIBIT I 1 'p . \ " 7; I affirm that I have the authority to grant this right.of-entry onto the Property described above. WITNESS MY HAND this day of(dfa de) ~. 2007. Owner's Signature (Firma del Duelio) Owner's Printed Name (Nombre del Duelio rnanuscrito) Owner's Address (Direcci6n del Duelio) L-->:...... =--=-:--:- _ Home Telephone (N6mero de Telefono en Casa) L-->'_=-",~"""", _ Work Telephone (Numero de Telefono de Empleo) Consent ofTenant: (IfApplicable) I hereby consent to the use of the property by the Government in accordance with this Right ofEntry For Survey and Exploration. Tenant's Signature (Firma del Arrendatario) Tenant's Printed Name (Nombre del Arrendatario rnanuscrito) Tenant's Address (Direcci6n del Arrendatario) ( ) Home Telephone (Numero de Telefono en Casa) ( ) Work Telephone (N6mero de Telefono de Empleo) CERTIFICATE FOR CORPORATIONS AND PARTNERSIDPS (IfApplicable) I, --::-;--~;-;::::::;-:"--;-_" certify that I am --==....,-;-;:--;:,.-__; that _---,:-;-_-=:--__ Name Qf Official Official PQsition Name Qf Simer . (NQmbre de Oficial) (pQsici6n Oficia!) (NQmbre· de Firmante) whQ signed this Right-Qf-Entry on behalf Qf._--;;c--,..~-;- was the _=;::-;-;-;::-:~_ Organjzationtperson Official Position (Organizaci6n/persQna) (pQsici6n Oficial) fQr , that said Right-Qf-Entry was duly signed for and Qn behalf Qf---;:;----:~---,,.----, OrganizatiQn/persQn OrganizationLpersQn (Organizaci6n/persQna) (Organizaci6n/persona) by authQrity Qf its gQverUlng bQdy and is within the scope Qf Signer's cQrpQrate Qr partnership pQwers. Signature Qf Official (Firma del Oficial) TelephQne Number (Nfunero de Te16fQnQ) NOTE: THE PERSON SIGNING THE ABOVE CERTIFICATE CANNOT BE THE SAME PERSON THAT SIGNED THE RIGIIT·OF-ENTRY. NOTA: LA PERSONA FIRMANDO ESTA CERTIFICADAARlBA NO PUEDE SER LA MISMA PERSONA QUE FIRM6 EL DERECHO DE ENTRADA. THE UNITED STATES OF AMERICA By: --::::-:--=--==--:- _ HylaJ. Head Chief, Real Estate DivisiQn U.S. Army Corps Qf Engineers ATTN:. CESWF-RE P.O. BQX 17300 FQrt WQrth, TX 76102-0300 (817) 886·1096 o '" :.'.····".lD,'! 1" () OJ r- -" 1J C1) ~ ;:0 CC ~ cO" C1) o ::r :;, "0CD -0 C. ~ m :l ~ , -8' o 0 0 o O' 0 o o I< IV" 0 " 4 1 2 3 4 1 2 3 4 1 2 3 4 l-i.." Of-- - , 00 l- I- , 91 I- ~3 I-~ • e- k ' "" 5 8 7 6 5 8 7 6 5 8 7 6 5 10 8 7 6 5 8 7 6 '-... 11 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 1 2 44 1 ~2 3 ~ 21 H - ,1IL- f-- 1-1 ~2- l- I--1-«' 0-I-- 6 8 7 6 5 81~ 76 55 8 7 6 8 7 6 5 8 7 6 5 ~2 r:- 1 2 3 4 34 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 1 2 ~- - - 201 I- .01 1 o- - 8- f-- , I-- -:I, 0- I: , 7 8 7 6 5 2 1 O"A 6 5 8- 7 6 5 8 7 6 5 8 7 6 5 8 7 1 1 12 1 12 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1~ 2 11 2 -1J L 1. 1 3 -,f-; '2~ Wi - .... - - --ll 0- -' 4 ~ 6 5 .- 7 6 5 8 7 8 4 5 8 5 8 8 7 6 5 8 6 5 5 6 7 6 ·~ B5 8 7 1 12 106~~ 3 4 2 11 o 9 i~ 6 5 8 6 7 UNPLATTED Legend o BP Right of Entry I:I~~"-~I City Property 00.011.03 0.0' 0.09 0.12 1 2 3 4 Miles I " . Legend o BPRightof h1\1 00,0304•• ' 0.08 0.12 0.16 Miles J, " • ______+/ 1 " Legend - BP Right Of Entry line o BP Right Of Entry I Ceil City Properly Dporciones ~OO~.O~3~l1J)~7~5~O~.1;;5~O~.2,::25~.O.3 • Miles COUNCIL COMMUNICATION DATE: SUBJECT: FINAL READING ORDINANCE NO. 2007-0-199 Amending the City of Laredo Health Department FY 2007-2008 annual budget by 10/15/2007 authorizing the City Manager to accept, execute and appropriate revenues and expenditures for the Local Public Health System-Office of Public Health Practices (OPHP) continuation grant in the amount of $306,&35.00 to provide prevention, disease control, and health promotion activities from the Texas Department of State Health . Services and $169,187.00 in program income, The term period for the grant is from Seotember 1, 2007 through August 31, 2008. INITIATED BY: STAFF SOURCE: HoracioA DeLeon, Jr. Hector F. Gonzalez, M.D., M.P.H. Assistant City Manager Health Director PREVIOUS COUNCIL ACTION: Council introduced the ordinance on October 1,2007. BACKGROUND: The Texas Department of State Health Services (DSHS) has contracted with the City of Laredo to provide prevention, disease control and health promotion services to residents of Laredo and Webb County through the City ofLaredo Health Department. Local Public Health System (Office of Public Health Practice) is to improve or strengthen local public health infrastructure by developing objectives to address a public health issue. The program utilizes resources provided through this contract to conduct activities and services that provide or support the delivery of essential public health services; and assessing, monitoring and evaluating the essential public health services provided, and developing strategies to improve the delivery of essential public health services in the identified service area. This grant term is from September I, 2007 through August 31, 2008 See Budget Below: FINANCIAL: The City ofLaredo will receive $306,835.00 from the Texas Department ofState Health Services in direct funds and $169,187.00 in program income for the City ofLaredo Health Department for the term period from September I, 2007 through August 31, 2008. The expense account is 226-6040. The revenue accounts are 226-0000-323-4033 ($306,835.00); 226-0000-355-4060 ($2,736.00); 226 0000-355-4061 ($151.00); 226-0000-355-4070 ($1,640.00); 226-0000-355-4071 ($16,367.00); 226 0000-373-1009 ($99,180.00); 226-0000-373-1010 ($49,113.00). COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Recommends that Council approve the ordinance. OPHP - BUDGET $ 306,835 OGRAMINCOME (l2months) 169,187 TOTAL REVENUES $ 476,022 SES $ 257,943 GEBENEFITS 48,892 0 0 SUPPLIES 0 CONTRACTUAL 0 OTHER 0 SUB·TOTAL $ 306,835 ORDINANCE NO. 2007-0-199 AMENDING THE CITY OF LAREDO HEALTH DEPARTMENT FY 2007-2008 ANNUAL BUDGET BY AUTHORIZING THE CITY MANAGER TO ACCEPT, EXECUTE AND APPROPRIATE REVENUES AND EXPENDITURES FOR THE LOCAL PUBLIC HEALTH SYSTEM-OFFICE OF PUBLIC HEAI,TH PRACTICES (OPHP) CONTINUATION GRANT IN THE AMOUNT OF $306,835.00 TO PROVIDE PREVENTION, DISEASE CONTROL, AND HEALTH PROMOTION ACTIVITIES FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES AND $169,187.00 IN PROGRAM INCOME. THE TERM PERIOD FOR THE GRANT IS FROM SEPTEMBER 1, 2007 THROUGH AUGUST 31, 2008. WHEREAS, the Texas Department of State Health Services has contracted with the City ofLaredo to provide prevention, disease control, and health promotion services to residents ofLaredo and Webb County through the City ofLaredo Health Department; and WHEREAS, the Local Public Health System-(Office ofPublic Health Practice) is to improve or strengthen local public health infrastructure by developing objectives to address a public health issue. The program utilizes resources provided through this contract to conduct activities and services that provide or support the delivery ofessential public health services; and assessing, monitoring and evaluating the essential public health services provided, and developing strategies to improve the delivery of essential public health services in the identified service area, and WHEREAS, the City of Laredo Health Department is requesting amending the City of Laredo FY 2007-2008 annual budget, by authorizing the City Manager to appropriate revenues and expenditures for the OPHP grant from the TDSHS for the City ofLaredo Health Department. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: the City Manager is hereby authorized to amend the FY 2007-2008 annual budget by appropriating revenues and expenditures for the Texas Department of State Health Services OPHP grant in the amount of $306,835.00 in direct funds and $169,}87.00 in program income for the City of Laredo Health Department for the period September 1, 2007, through August 31, 2008. Section 2: The City of Laredo accepts funds in the amount of $306,835.00 from the Texas Department of State Health Services and $169,187.00 in program income. Section 3: The City Manager is hereby authorized to accept additional funds from the Texas Department of State Health Services in support of the activities funded by these grants. Section 4: Revenue line items increased by: (OPHP) 226-0000-323-4033= $306,835.00 Section 5: Expenditure Division: 226-6040 will be increased by $306,835.00. Section 6: The Revenue accounts for Program Income for: OPHP are increased by 226-0000-355-4060=$2,736.00; 226-0000-355 4061=$151.00; 226-0000-355-4070=$1,640.00; 226-0000-355 4071=$16,367.00; 226-0000-373-1009=$99,180.00; and 226-0000-373 1010=$49,113.00. Section 8: The City Manager is hereby authorized to make transfers within the budget as allowable under the Special Contract Provisions and General Provisions ofthe contract with TDSHS to meet the necessary costs to accomplish the scope ofwork for the program. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS DAY OF , 2007. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: Raul Casso, City Attorney Valeria M. Acevedo ASSISTANT CITY ATTORNEY 2 COUNCIL COMMUNICATION DATE: SUBJECT: FINAL READING ORDINANCE No. 2007-0-200 Amending the City ofLaredo Health Department FY 2007-2008 full-time equivalent 10/15/2007 positions by creating one (1) full-time Public Health Technician position with benefits, (salary/fringes amount of$47,697) in the Health Department- Public Health Preparedness (PHP) and Epidemiology Program for the term from October 1, 2007 through August 31, 2008. Funding available through the Early Warning Infectious Disease Surveillance (EWIDS) portion ofthe PHP grant. INITIATED BY: STAFF SOURCE: Horacio De Leon, Jr. Hector F. Gonzalez, M.D., M.P.H. Ass!. City Manager Health Director PREVIOUS COUNCIL ACTION: On October 1, 2007, Council held public hearing introducing ordinance and instructed staffto proceed with final hearing. BACKGROUND: The Texas Department of State Health Services has contracted with the City of Laredo to provide public health services to residents ofLaredo and Webb County through the City ofLaredo Health Department. The City of Laredo Health Department activated the local public health surveillance and prevention preparedness and response bio-terrorism plan (BT). The Public Health Preparedness, and Epidemiology is federally funded and can only be used for developing disease surveillance infrastructure, preparedness planning, response, training and Early Warning Infectious Disease Surveillance (EWIDS). The PHP services include the counties ofWebb, Zapata, Jim Hogg, and Duval. The Health Department will continue partnership and cooperation within and between jurisdictions in the State ofTexas related to activities including, training aud response to events or emergencies. The Department will continue to provide Public Health Preparedness (PHP) and pandemic influenza activities as requested by DSHS-Centers for Disease Control and Prevention (CDC) Pandemic Influenza Guidance Supplement to the 2007 Public Health Emergency Preparedness Cooperative Agreement Phase n. The PHP contract expenses are monitored through two accounts 226-6032 and 226-6037. The purpose of this action is to create one (1) full-time equivalent Public Health Technician position with benefits (2080 hrs/yr). The funds for this request will be from the additional funds for core public health responses, pandemic flu and EWIDS to be awarded to supplement from October 2007 through August 31, 2008. BUDGET ON NEXT PAGE FINANCIAL: This action will constitute an increase in salary expenses with benefits for one (1) additional Public Health Technician position. The funds available within the Health Department-Public Health Preparedness and Epidemiology Program budget (226-6032\ COMMITTEE RECOMMENDATION: STAFF: Recommends that Council approve the ordinance. Health Preparedness and Epidemiology FY 2007-2008 226-6032 PERSONNEL PhI'U IC HealhEt mergency Preparedness PERSONNEL APPROVED CHANGE APPROVED BUDGET 226-6032 FTEs FTEs FTEs Chief, of Epidemioloav 0.40 0 0.40 Clerk II 1 0 1 Epidemioloaist 2 0 2 Health Educator 1 0 1 Micro-Computer Specialist 0.6 0 0.6 Public Health Technician 2 1 3 R.N. Nurse Supervisor 1 0 1 !}''''''. •C';"· ':>1.> TOTAL c,/":·,c,,.>.,., .. "'!!.Y·!!I.i'·;j;OC I iB'·o,··co···.,i9.DC ORDINANCE 2007-0-200 AMENDING THE CITY OF LAREDO HEALTH DEPARTMENT FY 2007-2008 FULL-TIME EQUIVALENT POSITIONS BY CREATING ONE (1) FULL-TIME PUBLIC HEALTH TECHNICIAN POSITION WITH BENEFITS, (SALARYIFRINGES AMOUNT OF $47,697) IN THE HEALTH DEPARTMENT- PUBLIC HEALTH PREPAREDNESS (PHP) AND EPIDEMIOLOGY PROGRAM FOR THE TERM FROM OCTOBER 1, 2007 THROUGH AUGUST 31, 2008. FUNDING AVAILABLE THROUGH THE EARLY WARNING INFECTIOUS DISEASE SURVEILLANCE (EWIDS) PORTION OF THE PHPGRANT. WHEREAS, The Texas Department of State Health Services has contracted with the City of Laredo to provide public health services to residents of Laredo and Webb County through the City ofLaredo Health Department. WHEREAS, The City of Laredo Health Department activated the local public health surveillance and prevention preparedness and response bio-terrorism plan (BT). The Public Health Preparedness, and Epidemiology is federally funded and can only be used for developing disease surveillance infrastructure, preparedness planning, response, training and Early Warning Infectious Disease Surveillance (EWIDS). The PHP services include the counties ofWebb, Zapata, Jim Hogg, and Duval. WHEREAS, The Health Department will continue partnership and cooperation within and between jurisdictions in the State ofTexas related to activities including, training and response to events or emergencies. The Department will continue to provide Public Health Preparedness (PHP) and pandemic influenza activities as requested by DSHS-Centers for Disease Control and Prevention (CDC) Pandemic Influenza Guidance Supplement to the 2007 Public Health Emergency Preparedness Cooperative Agreement Phase II. The PHP contract expenses are monitored through two accounts 226-6032 and 226-6037. WHEREAS, The Department is requesting an amendment to the Public Health Emergency Preparedness (account 6032) Fnll-time Equivalent positions (FTEs) by creating one (1) Public Health Technician position with benefits to meet the scope ofwork requirements of this grant. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: Amending the City of Laredo Health Department FY 2007-2008 full-time equivalent positions by creating one (1) full-time Public Health Technician position with benefits, (salary/fringes amount of $47,697) in the Health Department- Public Health Preparedness (PHP) and Epidemiology Program for the tenn from October 1,2007 through August 31,2008. Funding available through the EWIDS portion ofthe PHP (226 6032) grant. Section 2: The City Manager is hereby authorized to make transfers within the budget as allowable under the General Provisions of the existing general contract with the Texas Department of State Health Services to meet the necessary costs to accomplish the scope ofwork for the program. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON TillS DAY OF --', 2007. HON. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2007-0-201 Amending the Subdivision Ordinance ofthe City ofLaredo by: Creating Chapter 2, 10/15/07 Section 2-3.4, Administrative Approval ofPlats, Amending Chapter 3: Subdivision Design Standards, establishing standards in conformance with the Association of State Highway and Transportation Officials (AASHTO) publication of"A Policy on Geometric Design of Highways and Streets", increasing the diameter ofdead-end streets from 80 feet to 100 feet, establishing pavement standards in conformance with the AASHTO Guide for Design of Pavement Structures, and establishing pavement specifications for public and private streets based on expected traffic loads and pavement structures; providing for publication and effective date. Initiated by: City ofLaredo Staff source: Keith Selman, Planning Director Jesus Olivares, Asst. City Manager Prior action: This item was introduced by the City Council at the City Council meeting of 10/15/07. Council District: All STAFF COMMENTS This ordinance amendment will: 1. Allow for administrative approval ofplat as allowed under state statute. 2. Clarify references to the Long Range Thoroughfare Plan. 3. Establish the AASHTO publication, "A Policy on Geometric Design ofHighways and Streets" as the geometric design criteria. 4. Establish the AASHTO publication, "Guide for Design ofPavement Structures" as the pavement design criteria and establishing pavement specifications by road classification. Basic Summary ofPavement Specification Revisions Current Provision Proposed Provision Street Classification Pavement Pavement Pavement Pavement Structure* Section Structure Section** Major, Minor Arterials, 1.98 2" asphalt 3.80 3" asphalt Industrial Collector 10" caliche 22.5" caliche Major Collector, Industrial 1.98 2" asphalt 2.92 3" asphalt Street 10" caliche 14.5" caliche Local Collector 1.54 1.5" asphalt 2.58 2" asphalt 8" caliche 15.5" caliche Local street and access 1.54 1.5" asphalt 1.98 2" asphalt easements intended for 8" caliche 10" caliche primary access to a proposed lot or building. *Not defined under the existing ordinance. Calculated for comparative purposes only. **Not defined under the proposed ordinance. Estimated for comparative purposes onlv. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a unanimous vote, Staffsupports the proposed amendment. recommended approval ofthe proposed amendment. CITY OF LAREDO ORDINANCE NO. 2007-0-201 AMENDING THE SUBDIVISION ORDINANCE OF THE CITY OF LAREDO BY: CREATING CHAPTER 2, SECTION 2-3.4, ADMINISTRATIVE APPROVAL OF PLATS, AMENDING CHAPTER 3: SUBDIVISION DESIGN STANDARDS, ESTABLISHING STANDARDS IN CONFORMANCE WITH THE ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS (AASHTO) PUBLICATION OF "A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS", INCREASING THE DIAMETER OF DEAD-END STREETS FROM 80 FEET TO 100 FEET, ESTABLISHING PAVEMENT STANDARDS IN CONFORMANCE WITH THE AASHTO GUIDE FOR DESIGN OF PAVEMENT STRUCTURES AND ESTABLISHING PAVEMENT SPECIFICATIONS FOR PUBLIC AND PRIVATE STREETS BASED ON EXPECTED TRAFFIC LOADS AND PAVEMENT STRUCTURES; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, Subchapter A. Regulation ofSubdivisions, Section 212.0065, Delegation of Approval Responsibility, ofthe Texas Local Government Code authorizes the governing body ofa municipality to delegate the ability to approve amending plats, replats and minor plats; and, WHEREAS, Subchapter A. Regulation ofSubdivisions, Section 212.002, Rules, ofthe Texas Local Government Code authorizes a municipality to adopt rules governing plats and subdivisions to promote the health, safety, or general welfare ofthe municipality and the safe, orderly, and healthful development ofthe municipality; and, WHEREAS, the amendments proposed herein provide for the orderly and healthful development ofthe City ofLaredo; and, WHEREAS, the Planning and Zoning Commission, after a public hearing on September 6, 2007 and September 20,2007, has recommended approval ofthe ordinance; and, WHEREAS, notice ofthe ordinance was advertised in the newspaper at least three (3) days prior to the public hearing held before the Planning and Zoning Commission on this matter; and, WHEREAS, the City Council has held a public hearing on October 1,2007, and finds the ordinance appropriate and consistent with the General Plan ofthe City ofLaredo. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: Chapter 2, Section 2-3.4 through Section 2-3.9 ofthe Subdivision Ordinance is hereby amended to read as follows: 1 Section 2-3.4. Administrative approval of plats. The City Engineer and the Planning Director may jointly approve a plat under the guidelines established in Section 212.0065, Delegation of Approval Responsibility, of the Texas Local Government Code. Section 2-3.4 §. Expiration and extension period of all plat approvals. (a) All preliminary plat approvals and the conditions therein, if any, are valid for a period of eighteen (18) months from the date on which the approval was granted. The Commission may, upon written request of the owner or applicant and in conformance with the submittal requirements of this chapter, prior to the expiration of plat approval, extend this term of approval for a period not exceeding one additional six (6) month period, but in no event will the approval of any preliminary plat be valid for a period of more than twenty-four (24) months from date of approval. (b) All final plat approvals and the conditions therein, if any, are valid for a period of eighteen (18) months from the date on which the approval was granted. The Commission may, upon written request of the owner or applicant and in conformance with the submittal requirements of this chapter, prior to the expiration of plat approval, extend this term of approval for a period not exceeding one additional six (6) month period, but in no event wi Ii the approval of any final plat be valid for a period of more than twenty-four (24) months from date of approval. (c) All plat approvals, whether preliminary or final, in which an area of special flood hazard exists, and which requires compliance with section 24.69, Floodpiain Management Standards of the City of Laredo Land Development Code and a Flood Insurance Rate Map Revision is required are valid for a period of forty-eight (48) months from the initial date of plat approval. The owner or applicant may not extend this term and in no event will the approval be valid for a period of more than forty-eight (48) months from the date of initial approval. (d) All amending and vacating plats are valid for a period of eighteen (18) months from the initial date of approval. The Commission may, upon written request of the owner or applicant and in conformity with the submittal requirements of this chapter, extend this term of approval for a period not exceeding one additional six (6) month period, but in no event will the approval of any amending or vacating plat be valid for a period of more than twenty-four (24) months from the initial date of approval. (e) An approved master plan/general plan shall remain valid until all phases or units contained in the plan are completed, or upon receipt of a proposal to modify the plan filed by the developer. An approved master plan/general plan shall become void if at any time after approval more than thirty-six (36) months elapses with no subsequent plat application filed. (f) To the extent allowed by law, an approved master plan/general plan with "substantial alterations" shall constitute the first in a new series of permits as defined in Chapter 245 of the Texas Local Government Code for that portion of an approved plan that is so altered. In applying these provisions, a "substantial alteration" shall be considered as any of the following actions if done through the initiative of the property owner or the property owner's agent: i) change in alignments or right-of-way of any proposed arterial or collector roadways. ii) alteration of the proposed land use of any tract within the approved master plan/generai plan. Land uses shall be defined by the City of Laredo's Comprehensive Plan. 2 Section 2-3.a §. Denial of plat approval (a) The Commission may deny final approval of any subdivision plat or replat if: (i) the subdivider has proceeded with the construction of any permanent improvements prior to the final approval of the plat; or (ii) the subdivider has finalized the conveyance of a legal interest in lots or tracts of land within a subdivision which is not properly recorded or not in compliance with the provisions of this chapter and not excepted from the requirements of this chapter. Section 2-3.9 Z. Variances (a) The Commission, by a two-thirds majority vote of those members present and voting may grant a variance from specific terms or standards of this chapter if: (i) strict compliance would create an undue hardship by depriving the owner or applicant of the reasonable use of the land; or (ii) unusual physical characteristics exist; or (iii) unique design considerations warrant; or (iv) planning and land use considerations require the mitigation of excessive vehicular traffic, noise, dust, vibration or other intrusive adjacent uses. Provided however that: (i) the general purposes and goals of this chapter are maintained; and (ii) the variance of requirement would not be detrimental to the public health, safety, welfare; and (iii) the variance of requirement would not be physically injurious to adjoining property; or (iv) the variance of requirement would not prevent the subdivision or development of other adjacent land. (b) Any variances granted under the provisions of this chapter will apply only to the specific property included in the plat, and such variance shall not be construed to effect any change in any or all of the provisions of this chapter, nor to establish any policy, rule, or regulation contrary to the provisions of this chapter. (c) Any variance granted upon the effective date of this ordinance and incorporated in a recorded subdivision plat, shall be recognized as valid, provisions of this chapter notwithstanding. (d) A request for a variance must be submitted in writing in conformance with the submittal requirements of this chapter, and must also site the specific rule, policy, or standard from which a variance is sought or the appeal made, and the reasons for such request. (e) The Commission shall make findings concerning the factors justifying the decision to grant a variance, and shall include these findings in the official minutes of the meeting at which the variance was granted. 3 Section 2-3.+ §. Plat Recordation The subdivider must provide the following information to enable the Director of Planning to verify compliance with conditions of plat approval, if any, prior to initiation of recordation: (1) an original plat drawing prepared on any permanent translucent material, including but not limited to tracing linen, plastic film, or positive film with lines, lettering and signatures in black ink or image. The names of all persons signing any plat must also be lettered under the signature. Two (2) paper prints from the original plat drawing on white paper with blue or black lines, and one (1) sepia transparency must also be provided; and (2) an original certificate of title for the property included in the plat prepared not later than thirty (30) days prior to the initiation of recordation; and (3) satisfactory written evidence in the form of plat release letters showing that all conditions of approval have been satisfied; and (4) a notarized instrument from the owner of any privately owned easement or fee strip within the plat boundaries where such easement or fee strip is to be crossed by public or private streets or public utility or drainage easements, acknowledging and approving such crossings. The sufficiency of any instrument of record provided to satisfy this requirement shall be approved by the City Attorney. (5) original certificates showing that all current and delinquent city, county, school and special district taxes have been paid, and that none are due. (6) in areas of special flood hazard, where a map revision is proposed, plats must illustrate existing and proposed floodplain lines. Plats should include a note stating the existing floodplain lines will be utilized for the purpose of issuing building permits until the Letter of Map Revision (LOMR) is granted by the Federal Emergency Management Agency (FEMA). Section 2-3.8~. Certificates of Compliance. (a) The Commission shall issue a certificate of compliance upon the written request of an owner, public utility, political subdivision, or municipal corporation within twenty (20) days after such request is filed under the following conditions: (1) the tract of land is specifically identified in the request; and (2) the Commission has determined that a subdivision plat or replat is required under the provisions of this chapter; and (3) the plat or replat has been reviewed and approved by the Commission pursuant to the reqUirements of this chapter. (b) In the event that the Director of Planning determines that a subdivision plat or replat is not required, a written certification of such determination shall be issued within ten (10) days after the application for such plat or determination is made." 4 Section 2: Chapter 3, Section 3-1 through Section 3-2 ofthe Subdivision Ordinance is hereby amended to read as follows: CHAPTER III SUBDIVISION DESIGN STANDARDS Section 3-1: Construction Plans Prior to approval of the final plat by the Commission, the following information shall be supplied to the City Engineer, or to the City Engineer, or to the Director of the Utilities Department larede VValerwerks and Sanilary Sewer Syslem (l'NWSIlSSS). A. Plan-profile sheets, blue print copies 24" x 36" in size, and platted to a scale of one hundred (100) feet one (I) inch vertical for proposed street or alley in the subdivision. These plan-profiles shall show the right-of-way of the street, portions of right-of-way of intersecting streets, location of curb and gutter to monuments and the radii of all returns in the plan portion, and the location of storm water structures and pipe. The profile portion shall show the existing ground on each side of the street and the proposed grade of the top of the curb for each side of the street and the reference bench mark with its elevation. B. All improvements to be done shall be in accordance with the design standards of the City of Laredo in effect at the time of submission of the plat. Plans and calculations for storm sewers and special structures shall be submitted to the City Engineer for approval. C. The subdivider shall complete plans and specifications of any proposed improvements, streets, drainage structures, utilities, etc., and shall furnish complete plans and specifications of said construction to the City Engineer of the work to be performed by the subdivider. Plans and profiles of water and sewer utility lines shall also be furnished to Laredo Waterworks System and the Laredo Sanitary Sewer System. If any part of the proposed construction is considered unsatisfactory by the City Engineer, or the Director of the Utilities Department lVVWSllSSS, and below the standard required under the circumstances, construction operations shall not be started on the affected portion until alterations are made such that the completed work shall conform to the standards required by the City of Laredo. The City Engineer and the Director of the Utilities Department lVVVVSIlSSS shall be notified prior to beginning construction so that he or his duly authorized representative may inspect said work during the construction. D. Upon the completion of construction of any such improvements, the subdivider shall furnish a final set of plans in detail to the City Engineer and the Director of the Utilities Department llJllVVSllSSS. These plans shall be certified by the Registered professional Engineer preparing them to be complete and correct "as built" plans of the improvements. E. For developments greater than one half acre total, the City Engineer shall reguire grading and drainage plans. For developments less than one half acre total, the City Engineer shall require grading and drainage plans when in his judgment such are necessary to provide for and protect the public interest or that of adjoining property owners. F. Ner....ilRslandin~ any elRer subseelien ef IRis Seelien, and I3rier Ie al3l3Feval ef IRe finall3laley IRe Cemmissien, if IRe I3lal is Ie reeord a sin~le or subdivided lrael wilRin an unl3lalled induslriall3ark of al leasllwenly (20) aeres and tRe induelriall3ark was develol3ed I3rior 10 ado131ion ef IRe Suedivisien Ordinanee of 1961, IRe Cily Engineer may reeommend 10 IRe Commissien lRal il al3l3Feve tRe I3lat witRoUt additienal street and draina~e iml3Fevemenls bein~ done in eonformanee '....itR tRe design standards eentained Rerein if Re eoneludes lRat tRe existin~ street l3avement, eure and ~utter and 5 drainage imf:1FO'Iements are adequate to serve the traot geing f:1latted. Uf:1on suoh a reoommendation from the City Engineer, the Planning Commission shall have the authority to af:1f:1rove the f:1lat of the tract aooef:1ting the existing imf:1rovements oontained therein. In addition, the applioant for f:1lat af:1f:1roval of an agove desoriged traot shall ge relieved ef the requirement of Sugseotion (C) of this Section to OOFnf:1lete plans and speoifications for the street improvements, drainage structures, eto., and furnish suoh to the City Engineer if the City Engineer has determined that the existing improvements adequately serve the traots to ge f:1latted. The Planning Commission shall have the authority, upon review of wofile sheets sugmittes to the City Engineer, which sheets show the existin\} street rights of way within the portion of the ine\lstrial f:1ark to ge platted, to aooef:1t said existing rights of way, in lieu of widths requiree gy Seotion 3 3(8) of the Sugdivision Ordinanoe. The af:1plioant for apf:1roval of a f:1lat under this Sugseotlon shall ge relieved of the requirement to sugmit f:1lan profile sheets for prof:1osed streets and alleys in the platted area to the City Engineer prior to plat af:1f:1roval (as stated in Sugseotion A of this Section) and shall ge allowed, in lieu thereof, to sugmit profile sheets of existing rights of way. Notwithstanding the authority of the Planning and Zoning Commission to approve f:1lats of single s\ltJdivided traots within certain industrial f:1arkS developed prior to adoption of the Sugdivision Ordinanoe of 1961, without additional street and drainage improvements geing done in conformity with design standards contained herein upon reoommendation of the City Engineer, it may request the City Counoilto authorize it to af:1f:1rove suoh plats without additional street ane erainage imf:1rovements geing done in oonformity with design standards containes in this Chapter. (Amended 5122/g9, Ord. #g9 0 90) Section 3·2: Streets and Alleys: A. The arrangement, character, extent, width, grade, access to, and location of all streets shall conform to the City Comprehensive Plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. For purposes of local streets, collectors, and easements not Identified in the Thoroughfare Plan, the following shall apply: Local Streets shall have a 50' R.O.w. with a 30' paving section. Local Collectors shall have a 60' R.O.W. with a 40' paving section. Access easements intended for prlmarv access to a proposed lot or building shall be 50' wide with a 30' paving section. If the right-of-way or pavement width or base required by the City Comprehensive Plan is in excess of the minimum right-of-way or pavement width or gase sallee for in Seotion 3 6 sugparagraph H of this same part, then the subdivider may request the participation of the City in the additional cost of street construction over and above the costs which would be required for residential street construction. In any such instance, a written contract '.'11th the City is required as part of the application for final plat approval. Said written contract shall be considered as part of the application for final plat along with the other information and data required by the Subdivision Ordinance. (As amended 7/7/86, Ord. #86·0·120) B. Where such Is not shown in the City Comprehensive Plan, the arrangement of streets in a subdivision shall eitRef: (a) Provide for the continuation of appropriate projection of existing principal streets in surrounding areas; or 6 (b) Conform to a plan for the neighborhood to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable. C. Local MifHJf streets on which single family housing is the majority use shall be so laid out that their use by through traffic will be discouraged, and that significant amounts of internal traffic will not be generated. D. Where a subdivision abuts or contains an existing or proposed arterial street, the Commission may require: (a) Marginal access streets; (b) Reverse frontage with screen planting contained in non-access reserve strips along the rear property line; (c) Deep lots with rear service alleys, and/or minimum distances between intersecting driveways and streets, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic; (d) Minimum reeemmended spacing in new subdivisiens between intersecting driveways er streets onto tile a street or arterial shall conform to the Comprehensive Plan or Access Management Guidelines adopted by the City of Laredo. that eenferms te the fellewing tal:lle; ARTERIAl STREET MINIMUM SEPARATION SPEED (MPH) 20 85 25 105 30 125 35 150 40 185 45 230 55 800 E. Where a subdivision borders on or contains a railroad right-of-way, the Commission may require a buffer zone between the railroad right-of-way and the residential development to be at a distance of 300' minimum suitable for the appropriate use of the intervening land, as for park purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. F. Street jogs with centerline effects of less than ene three hundred and l\venty five (~ 300) feet shall be avoided. G. Street roadways, and access easement designs shall conform with the latest American Association of State Highway and Transportation Officials publication of "A Policy on Geometric Design of Highways and Streets." The design shall be prepared and signed by a professional engineer registered in the State of Texas. For purposes of design of intersections, it shall be assumed that local residential streets and local collectors '11111 have passenger vehicles only, major collectors and arterials will carrv single-unit trucks and city transit buses, all industrial streets and collectors will carry vehicles of WB-50. /\ tangent at least ene hundred (1 GG) feet leng shall be intredueed between reverse eurves en arterial and eelleeter streets. 7 H. ',IVAen ceAnectin[l street lines geflect frem eacA etAer at any ene f'leint by mere tAan ten (10) gegrees, IAey SA all be cennec\eg by a CIlP/e ,..i,IA a raeills aeeqllale Ie insllre a minimllm Si[lAt eistance as sAewn in tAe sf'lecial cases te insllre safety. TABLE I S/lF'E SIGHT DISTANCE MI~J1MUM REQUIREME~ITSF'OR HORIZmlTAL CURVES MI~J1MUM STREET TYPE REQUIREMENT Arterial 1,000 ft. ColleGtor 800 ft. Minor 600 ft. Marginal Assess 500 ft. j!:!. Streets shall be laid out so as to intersect at right angles. J. Pref'lerty lines at street intersectiens sAall be rellneeg '....itA a raeius er ef a [lreater different radills wAere tAe Cemmissien may deenA it necessary er accef'ltabie in cenrormance \'IitA accef'lted ; Aewever, tAe CenAmissien may f'lermit cerner Cllt effs ef a minimum ef fifteen (1 a) feet set back frem f'lrejected f'lref'lerty line intersectien, Ilf'len tAe recenAnAengatien ef tAe City En[lineer. SeGtioR 3 3: Dessripti9R 91 Street Types A. Definiti9ns: 1. Princif'lal Arterials U.S., State, er Cellnty Ai[lAways I'IAicA carf)' tAe majer f'lertien ef trif'ls enterin[l er leaviA[ltAe City, as '....ell as IVell as tAe majerity ef tAreU[lA nAevements desiriA[l te by f'lass tAe central city. 2. Miner Arterials Majer intra city streets .."AicA intercennect aAd all[lmenttAe f'lriAcif'lal arterial system f'lreviee service te smaller [lee[lraf'lAical areas tAan de tAe f'lrincif'lal arterials. d. Cellecters Streets I'IAicA f'leAetrate nei[lAberAeees, cellecttraffic frenA lecal streets, aAg cAanne! it eAte tAe arterial system. A small amellnt ef tArell[lA traffic may be carried en cellecter streets, bllttAe f'lrimary f'lllrf'lese is te f'lrevide land access service ang carry !ecaltraffic meVenAeAts witAin residential, cemmercial, er indllstrial areas. 4. Lecal Residential Street \VAicA f'lf9vide direct access te abullin[l !ane and access te tAe Ai[lAer 8 systeFfls, ~riFfiarily to the collector systeFfi. Thro~gh traffio is deliberately disco~raged, aAd traffic '1ol~Ffles origiAatiAg 'NithiA the systeFfi sho~id Aot be great. 5. Access or Service Roads A FflargiAal access street ~sed adjaceAtto arterial streets iA order to ~rovide traffio cOAtrolto the ab~ttiAg laAd deveio~FfleAt. B. Street Right 01 'Nay IJlJidths shall be Aotless thaA as 101l0'NS: *RIGHT OF WAY Arterials 80 to 150 feet Gelleeters 60 te 80 feet Leeal Residential 50 te 60 feet Aeeess er Serviee Reads 30te 40 feet 'Exact width 01 tho right 01 way shall be de~eAdoAt ~~OA the leAgth 01 the street, the traffic geAeratiAg ~oteAtial 01 the laAd develo~FfleAt, aAd ~~blic ~liIity or storFfl draiAage req~ireFfieAts. LG. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; and where the Commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be plotted within such a tract. "G. Dead-end streets, designed to be so permanently, shall not be longer than five hundred (500) feet or twenty-four dwelling units, and shall be provided at the closed end with a turn-around having an outside roadway diameter of at least one hundred (100) eighty (gO) feet, and a street property line diameter of at least one hundred twenty (120) fWQ} feet. IS E. No street names shall be used which will duplicate or be confused with names of existing streets. Street names shall be subject to the Commission. F. Street grades, wherever feasible, shall cOAferFfl to the list below, with d~e allo'NaAce lor reasoAable vertical c~rves: Street Ty~e Max. % Grade MiA. % Grade Arterial 6.0% 0.25% Collector, E 6.25% 0.20% local ResideAtial 7.0% 0.20% Access/Service Roads 0.20% Pro~osed street grades shall be a~~roved by the COFfiFflissioA, with d~e regard beiAg had lor to~ogra~hy, cOAteFfl~lated laAd ~se, aAd the geAeral draiAage ~laA aAd facilities iA the area s~rro~AdiAg the area s~bdivided. 9 h G. The system of streets designated for the subdivision, except in unusual cases, must connect with streets already dedicated in adjacent subdivisions; and where adjacent connections are not platted, must in general be the reasonable projection of streets in the nearest subdivided tracts, and must be continued to the boundaries of the tract subdivided, so that other sub-dividers may connect therewith. Reserve strips of land controlling access to or egress from other property from any street or alley or having the effect of restricting or damaging the adjoining property for subdivision purposes or which will not be taxable or accessible for special improvements shall not be permitted in any subdivision unless such reserve strips are conveyed to the City in fee simple. MH. The crown of all streets, alleys, or access easements shall be based on three eighths (3/8) of an inch per foot of street width, but in no case less than fuur (4) inGAes the height of the curb nor more than ei!3At (8) twelve (12) inches. All alleys sAal1 Aave an invertea Grewn ef ene ei!3AtA (1/8) ef an inGA per fuet ef alley \ViatA, but in ne €lase less tAan tAree (3) inGAes ner rnere tAan five (5) inGAes. However, crowns may be altered when design warrants in cases such as, but not limited to, super elevated roadways. I. Alleys sAall be previaea in GernrnerGial ana inaustrial aistriGts, eXGept tAattAe Cernrnissien rnay 'Naive tAis re<:luirernent wAere etAer aefinite ana assurea previsien is rnaae fur aGGess, SUGA as eff slreetleaain!3, u unleaain!3, ana parl J. TAe "MtA ef an alley sAall be nellesslAan sixteen (16) fuel ana nel rnere tAan tvlenty (20) feel, eXGept in GernrnerGial bleGI K. /\lIey interseGtiens ana sAarp GAan!3eS in ali!3nrnent sAall be aveiaea, but wAere neGessary, Gerners sAall be Gut eff suffiGiently Ie perrnilsafe veAiGular rnevernenl. b. Deaa ena alleys sAall be aveiaea wAere pessible, but if unaveiaable, sAall be previaea 'NitA aae<:luale lurn areuna faGilities atlAe aeaa ena, as aelerrninea by tAe Cernrnissien. Section 3 4: Easements A. Easernents aGress lets or Genterea on rear let lines sAall be previaea fur utilities wAere neGessary ana sAall be at least twelve (12) feet wiae. Utility easernents Genterea en siae let lines sAall be at least ten (10) feet wiae. If tAe re<:luirea easernent is alen!3 a plat beunaary \VitA aEljaGent unplallea lana, or plattea lana, er plallea \VitA ana aEljaGent utility easernent, tAe rninirnurn rear let easernenl wiatA re<:luirea is six (6) feet, tAe rninirnurn siae let easernent is five (5) feel. SUGA easernents rnay be re<:luirea aGress parts ef lets etAer tAan as aesGribea abeve upen reGernrnenaation ef tAe City En!3ineer. (/IS Arnenaea 12/4/84, Ora. #84 0 199) Section 3 6: Ellocks N. Blocks A TAe len!3tAs, wiatAs, ana sAapes ef bleGks sAall be aeterrninea \VitA aue re!3ara te: (a) Previsien ef aae<:luale builain!3 sites suitable te tAe speGial neeas ef tAe type ef use Genternplatea. (b) Cernpatibility 'NitA aajaGent aeveleprnenl. (G) ~Jeeas fur Genvenient aGGess, Gimulation, Gentrel ana safety ef streettraffiG. 10 (1:1) lirnilaliens anl:l elllleFl~nilies et lelle@raIlRy. 1. €l. Block lengths shall not exceed one thousand two hundred feet (1,200) or be less than three hundred (300) feet, except as may be required by the Commission in the proper projection of existing major thoroughfares, and except on existing platted blocks, and except where proper traffic impact mitigation measures have been incorporated into a site plan and submitted as part of the requirement for Plat approval in accordance with AASHTO published standards. aElellteEl slanElarEls et the Inslit~te et TranslleFlalien En@ineers anEl references in TranslleFlalien ans bans Develellrnenl, 1999. g.:t-. Block lengths may be waived by the Planning and Zoning Commission for Commercial Developments. J22o. To request a waiver from the 1200' block length requirement traffic impact mitigation measures must be incorporated into a site plan, submitted as part of and subject to approval along with the plat by the Planning and Zoning Commission. l;3. No waiver may be granted by the Planning and Zoning Commission unless traffic impact mitigation measures comply with standards (herein adopted as minimum standards) of the Institute of Transportation Engineers and as set out in the "Transportation and Land Development Manual 1988". 14. No block length waiver may be granted which modifies the .:t-W.:t- Citv of Laredo Comprehensive Plan or the.:t-W.:t- Thoroughfare Plan of the Comprehensive Plan addressing thoroughfares, highways, arterials, and collectors, or of the proper extension of any street. 5. Where any eentliel exisl between IRe Inslil~le et TransJleFlalien En@ineers slanSarss ans lhe CernJlreRensive Plan IRe slrieler et lhe lwe shall aJlJlly. (ArnenSes 416/92, OrEl. g920 G GgG) QG. Pedestrian crosswalks, not less ten (10) feet wide, shall be required where deemed essential to provide circulation, or access to schools, playgrounds, shopping centers, transportation and other community facilities. P. Street signs and traffic control devises shall be approved by the Director of Traffic Safety and provided in accordance with the City of Laredo Specification Manual. Q Valley Gutter: 5 ft. wide as specified by City of Laredo Engineering Department. R. Pavement Standards. (1) Pavement Structure. The design ofpavement structures shall be in accordance with the American Association of State Highway and Transportation Officials (AASHTO) Guide for Design ofPavement Structures latest approved edition. The pavement design report shall be prepared and signed by, or under the supervision of, a professional engineer registered in the State of Texas. The design requirements in (3) below shall be used for pavement design. (2) Length of Service Life. Pavement shall be designed for a twenty-year service life. 11 (3) Traffic Load, Reliability and Pavement Structures. The traffic load is the cumulative expected 18-Kip equivalent single axle loads (ESAL) for the service life. The following 18-Kip ESAL Reliability Level and Pavement Structure shall be used in the design ofstreets for each street classification: Pavement Specifications for Public and Private Streets Street Classification 18-KIP Reliabilitv Minimum Maximum ESAL Level Pavement Pavement Structure Structure Maior Minor Arterials Industrial 3000000 1R-95 SN= 3.80 SN = 5.76 Collector Maior Collector Industrial Street )000000 1R-90 SN=2.92 SN = 5.08 ocal Collector I 000000 IR-70 SN =2.58 SN=4.20 Local street and access easements 100000 R-70 SN = 1.98 SN = 3.18 intended for orimarv access to a orooosed lot or building. Traffic loads for major arterials, minor arterials, major collector and local collector streets shall include bus traffic. (4) Serviceability. The serviceabilitv ofa pavement is defined as the pavement's ride quality and its abilitv to serve the type oftraffic (automobiles and trucks) which uses the facility. The initial serviceability index (pO) for flexible pavements shall be 4.2 and for rigid pavement shall be 4.5. The minimum terminal serviceability index (Pt) for local streets shall be 2.0 and for collectors and arterials shall be 2.5. A standard deviation (SO) for flexible pavement shall be 0.45 and for rigid pavement shallbe 0.35. (5) Roadbed Soil. A soil investigation must be performed for the design ofpavement structures. The number ofborings and locations shall be sufficient to accurately determine the stratum along the route. Any existing soil information that is available either from the city or from private sources will be evaluated and, ifdetermined to be applicable and valid, will be allowed in place ofnew soil tests. Roadbed soil having a plasticity index (P.1.) greater than twenty (20) shall be treated with lime to reduce the P.I. below twenty (20). Application rate oflime shall be determined based on laboratory testing. In no case shall the lime be less than fifteen (15) pounds/S.Y. for six (6) inches oflime treated subgrade. Lime treated subgrade will be included as a "structural layer" within the pavement design calculations. Proposals for stabilization alternatives in place ofthe use oflime will be considered upon submittal ofan engineering report verifying adequate stabilization ofthe highly 12 plastic soil (particularly in soils high in sulfates where lime and cement are deemed inappropriate). Where the roadbed is in a rock excavation a "structural layer" within the pavement design calculations can be used that is equivalent to a structural layer for lime stabilized subgrade. Ifa roadbed structural layer is used in the pavement calculation for rock subgrade an engineering report will be provided to public works addressing the consistency ofthe subgrade prior to base placement. (6) Pavement Layer Material. Alternative pavement materials may be used where the existing soil or subsurface conditions, or the alternative materials, provide a level of drivabilitv comparable to the materials otherwise required by this section. Proposals for alternative pavement materials with supporting engineering documentation may be submitted to the city for consideration for use. The combination ofthe following materials will be allowed for pavement structure: a. Lime treatment for subgrade. b. Flexible base (crushed limestone or caliche). c. Prime coat. d. Tack coat. e. Hot mix asphaltic concrete pavement. f. Asphalt treated base. g. Reinforced concrete. h. Base reinforcement (Geogrids). The City Engineer or his appointed agent. in accordance with the standards provided herein, must approve the pavement combination. (7) Minimum Layer Thickness (Compacted). Ifthe following components are utilized in proposed pavement sections, the minimum thickness for the components shall be: a. Hot mix asphaltic concrete pavement shall not be less than one and one-half(l 112) inches thick for surface course (Type D). b. Hot mix asphaltic concrete pavement shall not be less than two and one-half(2 112) inches thick for a leveling-up course (Type B). c. Asphalt treated base shall not be less than four (4) inches thick. d. Flexible base shall not be less than eight (8) inches thick. e. Lime treatment for subgrade shall not be less than six (6) inches thick. (8) Curb and Gutter. Concrete curbs or monolithic curbs and gutters constructed in accordance with the City ofLaredo standard details shall be provided where indicated on the typical cross sections and shall conform to the City ofLaredo Standard Specification Manual. Where the street upon which the lot or lots abut is a state numbered highway as defined in the Texas Highway and Public Transportation Commission Regulations of the Texas Administrative Code, and has a rural design 13 or cross section, the owner ofthe lot or lots shall not be obligated to construct curb and gutter adjacent thereto, provide security in lieu ofconstruction, or place the cost ofsaid improvements in a trust account for the City's cost ofsaid improvements when the abutting street is converted to an urban design. (9) Medians and Dividers. Medians and dividers having curbs shall be constructed in accordance with the approved cross section. Where divider strips on primary and secondary streets are constructed without curbs, they shall be graded to a slope of one-quarter (0.25) inch per foot from the center ofthe divider strip to a point seven (7) inches from above the edge ofpavement and from that point to the edge of pavement. (10) Arterials. Arterial slopes shall be one-quarter (0.25) inch per foot toward the street except in heavy cuts, where a maximum ofone (I) inch per foot shall be pennitted. Landscaping, walls or fences placed in the parkway for aesthetic purposes shall not obstruct sight distance. (11) Intersections within industrial parks, truck routes, and industrial collectors. Turning locations and queuing lanes at intersections shall be constructed using reinforced concrete. Section 3-6-~: Lots and Lot Arrangement A. The lot size, width depth, shape and orientation, and the minimum building setback lines shall be in conformance of Dimensional Standards established in the Laredo Land Development Code a""re"fiate fof the location of the suedivision and fOf the ty"e of develo"ment and use contem"lated. B. Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets. C. Each lot shall be provided with adequate access to an existing public street by frontage along such street or through connection of a new street or a permanent easement to an existing street. D. Double frontage, reverse frontage lots, should be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten (10) feet, or a fence at the property line, and across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. A residential service road is not considered a traffic artery for these purposes. Where such a planting screen or fence does not allow access for the adjacent residences, the right-of-way normally maintained by the adjoining property owner becomes the responsibility of the city to maintain if within city limits. E. Side lot lines shall be substantially at right angles or radial to street lines. If possible, the placing of adjacent lots at right angles to each other shall be avoided. F. Monuments: 14 1. Monuments shall be placed properly and referenced at all block corners, at all subdivision boundary corners and angle points, points of curves in streets, and at intermediate points as shall be required by the City Engineer. The description and location of all blocks corners and permanent survey monuments shall be shown on the plat. Such corners and monuments shall meet the following standards: (a) Lot corners need not be marked with monuments; however, marking of same shall be done as required by the private engineer and/or owner. (b) All block corners shall be marked with concrete monuments and property referenced. Block angle points and intermediate points shall be marked with concrete monuments as required by the City Engineer. (c) Concrete Monuments: Monuments shall have a 1/2 inch diameter by 12 inches long iron rod centered and imbedded in a 6 inch diameter by 24 inches long concrete cylinder. This iron rod shall be flush with the top of the concrete cylinder and the cylinder buried firmly in place at least 12 inches below existing ground surface. Where concrete monuments will be covered by concrete sidewalks or obliterated during construction, the private engineer shall coordinate with the City Engineer for approval of alternative methods of subdivision monumentation. Alternative methods of subdivision monumentation include but are not limited to (1) spike, tin and washer, (2) 1/2" diameter brass rings, (3) lead and tag, etc. Monumentation may be placed on an offset from the required location, however, the private engineer must obtain prior approval from the City Engineer. (d) Accuracy of Survey: Closures of all boundary survey work and survey work within the subdivision shall be within an error of one in seven thousand five hundred (1/7500). (e) Project engineer shall submit to the City Engineering one copy of the recorded subdivision plat showing all monuments installed and reference points. Section 3-4: Easements A. Easements across lots or centered on rear lot lines shall be provided for utilities where necessarv and shall be at least twelve (12) feet wide. Utility easements centered on side lot lines shall be at least ten (10) feet wide. If the required easement is along a plat boundarv with adjacent unplatted land, or platted iand, or platted with and adjacent utility easement. the minimum rear lot easement width required is six (6) feet. the minimum side lot easement is five (5) feet. Such easements may be required across parts of lots other than as described above upon recommendation of the City Engineer or Utilities Director. (As Amended 12/4/84, Ord. #84-0-199) B. All utilities shall be designed and installed in conformance with the Standard Specification Manual upon the approval of the Utilities Director and City Engineer. Where the subdivider installs the utilities with private contractor, all the engineering covering plans and specifications shall be accomplished by him and approved by the Engineering Department of the City of Laredo prior to the start of any installation. All engineering work shall be accomplished by persons qualified under State ofTexas laws to do such work. It shall be at the discretion of the City whether construction of sewer and water lines\ within the subdivision will be contracted to private companies of whether City forces 15 will accomplish the installations. C. The Director of Utilities shall provide the Commission with a statement that the proposed water and sewer system for the subdivision meets their current engineering standards for water and sewer service. prior to Commission approval of the subdivision. D. As the City of Laredo has rights to the water of the Rio Grande to only a limited extent. and that it is expected that the City's demand for water will exceed its supply within the planning period that this document addresses, the following is reguired: All subdivisions within the jurisdiction of this ordinance, and outside the Laredo city limits as of the date of passage of this ordinance, shall provide to the Laredo Utilities Department those water rights (or money in lieu thereof) that are fair and equitable for the creation of any additional lots that the system will have to serve. G. Utility and Street Improvements: 1. Utility and street improvements shall eo provided in eaeh new s~edivision in aeeordanee with the standards and reEl~irements deserieed in the fellowin§ sehed~les. 2. Tho standards and speeilieations lor eaeh §eneral type 01 development shall ee as fellows: (a) F'or ind~strial and eommereial, or fer apartment, row ho~se, and similar m~lti family residential types, iFl1}lfovomollts to eo ill assonl "'Veith STANDARD A. (13) F'or one or two lamily detaehed dwellin§s with typieal ~rean lot widths, improvements te ee in aeeord with STA~JDARD B. (e) F'er r~ral homes, with typieallot width §reater than "e" aeove, improvements to ee in aeeord with STANDARD C. Fl. Sehed~les or ReEl~ired Utilities and P~elie Improvements: STANDARD ABC x XX 1, *P~elie water as approved ey baredo Waterworks System. XXX 2. *P~elie sewer as approved ey baredo Sanitary Sewer System, or the bareGo/Weee Co~nty F1ea',th Department. J. Arterial Streets: Cross seetions in aeeordaneo with the bon§ Ran§e Thoro~!lhfare Plan. SiGewalks shall ee provideG en eoth sides 01 arterial streets. XXX Major Arterial 120' 01 RO.'1IJ., two 24 de loot lanes, one lifteen loot median, two 1e.§' 28.§' seetions fer e~re, §~tter and ~liIities. x XX Type A. 90' ft. LO.'lI., two 24 feat lanes, a lifteen feat median, two 1d.§' seetions fer e~re, §~tter, sidewalks and ~liIities. XXX Type B. 90' ft. LO.W., tva 24 loot lanes, a fe~rteen feat median, tva fe~rtoen loot eeetions fer e~re, §~tter, sidewall 16 4. Colleclor gtreets: x x X Type A. Major Collector: 8Q' of RO.W., 48 feot of pavement section, WiO, sixteen foot sections for e~rll, §~Uer ami ~tilities. X Type B. Ine~strial Collector: 7Q' of RO.VV., 49' pavement section, \\"'0, 1Q.5 foot sections fer c~rll, §~Uer, ane ~tilities. x XX Type C. Local Collector: €i0' of >1..0.1/'1., 40 foot of pavement section, two, 10 sections fer c~rll, §~Uer ane ~tilities. 5. Local gtreets: XXX Type A. Loeal Aeeess gtreel: 50' of RO.VV., .Q' of pavement seetion, WiO 1 feot sections for G~rll, §~Uer ane ~tilities. (Ameneee ~l €i. Deletee ~1B192, Ore. #92 0 08Q. XXX 7. gtreets alon§ eevelopment Ilo~nearies, ane stroets GonneGtin§ eevelopment with existin§ improvee street eross seelions as eeterminee Ily lhe City En§ineer ane lhe Commission. 8. Alleys: Pa>lee f~1I wielh 20 fl., resieenlial ane 2€i fl. for eommercialillocks. XXX 9. Easements: As provieee for in Chapter III, Seelion ••. XXX 10. Graein§ ane eenterline §~iees: Per plan ane profiles approvee Ily lhe Cily En§ineer. x X 11. C~rll, €i"x7"x8", llaUeree P.C.C.(Portlane Cemenl Concrele): as per e~rll staneare aeoplee Ily Cily, General Slreet Improvements PFG§ram. 12. C~rll ane G~Uer: X Type "A" 24"x7" hi§h Ilaek c~rll specifiee Ily Cily of Lareeo En§ineerin§ Department. (See Exhillits aUachee) l=Ii§hllaek c~rll is oplienal in Bane C eevelepmenls. XX a. Type "B" 24" x 4" roll over as specifiee Ily Cily of Lareee En§ineerin§ Departmenl exeepl when tAe street upen wAicA tAe lot or lote front an arterial or eolleclor street as eef;,nee in geelien •• of the S~lleivision Oreinance in whieh ease type "/I." hi§h Ilael< e~rlls are requiree. En§ineerin§ Department's specificalions fer Type "A" ane type "B" are aUachee 10 lhis oreinance as Exhillits PI ane B, respeclively, ane incorporalee Ily reference. (As ameneee .119185, Ore. #85 Q .0) XXX Il. Where lhe streel ~pon which lhe 101 or lots all~l is a slale n~mlleree hi§hway as eefinee in the Texas l=Ii§hway ane P~lllic Transportation Commission Re§ulaliens of tAe Texas JI.eministralive Ceee, ane Aas a rural ees;,§n or cross seclien, lhe e'....ner ef lhe leI er loIs shall nelile ellli§alee to conslr~cl c~rll ane §~Uer aGjacenllherete, previee security in lie~ of censtr~clien ~neer 17 Section 2 4 herein, or ~Iace the cost of said im~ro\'ements in a tr~st acco~nt for the City's cost of said im~rovements when the abutting street is converted to an urban design. (As amended JI19/9G, Ord. #9G G 59) x X X 1J. Valley Gutter: 5 ft. wide as s~ecified by City of laredo Engineering De~artment. 14. Pavement Base: XXX a. S" caUche com~acted to 9S% ~reGlor density as determined by ~rocedures set under TEX 11 JE. X b. 1G" caliche com~acted to 9S% ~roctor density as determined by ~rocedures set under TEX 11 J E. 15. Wearing Surface: XX a. 1 1/2" (minimum) inches com~acted as~haltic concrete ~Iant milt X b. 2" (minimum) inches com~acted as~haltic concrete ~Iant milt 16. Pavement: XXX a. 6" P.C.C. soil cement or cement stabilized base. 17. Driveways: XXX a. 4" P.C.C. with #6 6x6 welded wire fabric (25GG ~si conc.) 1S. Sidewalk: x XX 4" P.C.C. with #6 6x6 welded wire fabric (min. 4' wide) (25GG ~si conc.) 19. Street ~Jame Signs: XXX At all intersections, on aluminum ~i~e and metal sign blank, or com~arable substitute. "The laredo VVaterworks and Sanitary SeVier System shall ~revide the Commission with a statement that tho ~ro~osed water and sewer system for the subdivision meets their current engineering standards for ',vater and sewer service, ~rior to Commission a~~reval of the subdivision. The Del Mar Conservation District shall ~rovide the same in their area of jurisdiction. As the City of laredo has rights to the ',vater of the Rio Grande to only a limited extent, and that it is ex~ected that the City's demand for ',vater will exceed its su~~ly 'Nithin the ~Ianning period that this document addresses, the following is re~uired: All subdivisions within the jurisdiction of this ordinance, and outside the laredo city limits as of the date of ~assage of this ordinance, shall ~revide to the laredo Waterworks System those water rights (or money in lieu thereof) that are fair and e~uitable for the creation of any additional lots that the system will have to serve. 18 I. EAgiAeeriAg: The S~Ddivider or developer shall f~FAish all eAgiAeeriAg aAd s~rveyiAg Aecessary to prepare the plat for prelimiAal)' aAd fiAal approval. EAgiAeeriAg "'Iork coveriAg complete plaAs aAd specificatioAs for 'Nater aAd sewer ~tilities "'/ithiA the s~DdivisioA shall De carried o~t iA the foliowiAg maAAer: Where the s~Ddivider iAstalis the ~tilities with private cOAtractor, all the eAgiAeeriAg cO'lering plans am! spec;,ficalions sAall oe accornplisAed 0" Aim and appm'led oy the EAgineering Department of tAe City of laredo prior 10 the slart of any installalioA. All engiAeering work sAal1 oe accomplished oy persoAs ~~alified ~AEler Slale of Texas laws to do s~ch work. It shall oe al tAe discrelion of Ihe Cily whetAer cOAslr~clion of sewer aAd water liAes" within the s~Ddi'lision will oe contracled to private compaAies of wAether Cily forces will accomplisA Ihe installations. Section 3-5: Laboratory TestingJ. laooratory Testing: All materials to be used in new land development construction shall be subject to testing if warraAled. The preponderance of testing to be performed in new developments is directly related to public improvement construction, and a series of laboratory tests normally associated with pUblic improvement construction will be required in new developments. Said tests shall be performed by an independent testing laboratory using qualified personnel. The testing laboratory may be selected by the developer no more than five working days from the date of final plat approval by the Planning and Zoning Commission. Selection shall be submitted to the City Engineer in writing from a list of testing laboratories approved by the City. In the event no qualified laboratory is selected within the specified time period, the testing laboratory shall be selected by the City from the approved list on a rotational basis. Changing of laboratory firm, once selected, shall be prohibited. If unforeseen circumstances arise, and an alternative laboratory is required, the replacement laboratory shall be selected by the City Engineer from the list of approved laboratories on a rotational basis. The testing laboratory shall bill directly to the developer. It is assumed that the preponderance of testing required in the development is that testing related directly to street construction. For this reason, the following ratio of testing is established: RATIO OF TESTING: Subgrade Minimum 1 per 150 feet of street Under curb and gutter .... Minimum 1 per 150 feet of curb Caliche Base Minimum 1per 150 feet of street Lime stabilized base Minimum 1 per 150 feet of street Sand base Minimum 1 per 150 feet of street Backfill density control.. Minimum of 10 (10) PROCTOR (MOISTURE/DENSITY RELATIONSHIP): Subgrade (new) ...... 1per development, unless material changes Lime stabilized base... 1 per development, unless material changes 19 Caliche 1 per 5,000 cubic yards material or less ATTERBERG LIMITS AND GRADATION: Caliche 1 per 5,000 cubic yards material Sand base 1 per 2,500 cubic yards material HOT-MIX CONTROL: Surface course design... 1 per development Base course design 1 per development Extractions 2 per day run/minimum I per 500 ton Densities (in place) I per 1,000 feet of street CONCRETE: Curb/gutter 1 set (3) per 500 feet Sidewalk...... 1 set (3) per 4,000 square feet Inlets 1 set (3) per 6 inlets The above schedule is a minimum schedule for testing, failures are not included. In the event of failures, additional tests will be taken. If excessive rain occurs on a previously tested section, the City shall have the right to order re-testing as necessary. The contractor shall notify the City of Laredo Engineer at least twenty-four (24) hours prior that he is ready for testing, and the City's representative shall inspect the work and concur with the Contractor before testing can be authorized. The City Engineer or its representative shall notify the testing laboratory when tests are to be taken. In the event that neither the City Engineer nor its representative is available for inspection of the work within four (4) hours, the contractor may order the laboratory testing. Provided, however, in the event of failures, re-testing shall be at the contractor's expense. Except as otherwise provided above, it is the intent of the City that the contractor not contact the laboratory for the purpose of requesting routine test. The scope of materials incorporated in new development construction is not necessarily limited to those tests outlined herewith. In the event of unusual conditions or factors which may give the City reason to question the quality of the materials in any portion of the development, the City will have the right to order such tests as are necessary at the developer's expense. However, the City will consult with the project engineer on reasons for such additional tests before a testing laboratory will be asked to conduct such test. All testing in accordance with these requirements will be performed in accordance with the American Society of Testing Materials (ASTM) latest revision, and/or as elsewhere prOVided unapproved plans and specifications for the development. The City will require all development test reports to be certified by a Registered Professional Engineer (Texas Registration) and will further require that the City be furnished a minimum of two (2) copies of testing reports. Further, the project engineer shall provide the City for the testing laboratory a set of plans and specifications as well as a tabulation showing the estimate of quantities of material in the development. Section 3-6: Street Lighting K. Street bighting: All new subdivisions (exclUding repiats of tracts where the below standards are met) shall be prOVided with street lighting, and a plan for the installation of street lighting in conformance to the standards below shall be presented by the preperty O'Nner to the Director of Traffic Safety for 20 approval prior to final plat submittal in conformance to the following standards: Commission. Minim~m iighting stanElarEls shall oe as fellows: Arterial streets =27,000 Lumens approximately every 300 feet of street length. (Amended 4/6/92, Ord. #92-0-080) All other streets = 16,000 Lumens approximately every 300 feet of street length. (Amended 4/6/92, Ord. #92-0-080) Minor variations in positioning of lamp poles due to lot and biock configuration may be allowable with the approval of the Commission. On streets that serve as exterior boundaries of the subdivision, the Commission may allow alternate spacings for lamp poles, where the adjacent land can be expected to develop and provide for its alternate half of the Street Lighting. Installation and the first year's electricity costs shall be borne by the owner, and considered as a utility cost for bonding requirements (or alternative guarantees as may be allowed). (As amended 10/30/84, Ord. #84-0-178) Section 3-7: Lot Grading l. lot GraEling: Lot grading in developments will be such that lots drain toward the street. Accordingly, all lots graded within developments will be sloped such that a minimum grade of one-half of one percent exists from the property lines to the rear of the lot. In the event it is not practical _ to drain lots to the street (rear to front) then an alternate drainage plan may be submitted for approval by the City of Laredo Engineering Department. If drainage from adjacent property crosses such development, drainage from adjacent property will be physically diverted to adequate drainage facilities or handled with the run-off from the development itself. A lot grading plan shall be made part of the final plans and shall be considered an improvement for the development. Construction of same shall be a condition precedent to the final acceptance of the development by the City Engineer. Section 3-8: Commercial Condominium Design Standards M. Commersial ConElsmini~m Design StanElarEls For purpose of this ordinance, a commercial condominium is defined as development where the land under each commercial unit is owned by the building owner(s) and common parking, ingress, egress, easements and landscaped areas are owned and maintained by a condominium association. Standards: 1. Minimum development size shall be 31,000 square feet. 2. Minimum commercial unit (lot) size shall be 1,000 sq. ft. 3. Minimum ratio of floor area to common area 1:2. That is for every square foot of floor area, there shall be at least two (2) square feet of common area. 21 4. Utility easement requirements, design and specifications for pUblic and private utility distribution are subject to approval of the City. In the absence of written approval, a minimum twelve (12) foot utility easement is required along the outside perimeter of the land to be platted to provide services to this development and future development. 5. At least five percent (5%) of the common area shall be devoted to landscaping and maintained by the condominium association. 6. The common area shall have at least two separate curb cuts to a public street. 7. A condominium association shall be formed, and, the association agreement shall be, with the City's concurrence, filed simultaneously with the final plat with the County Clerk's records. The association agreement shall contain binding provisions between the property owners for the allocation of costs and responsibilities associated with the common area. (As amended 4/21/86, Ord. #86-0-074) Section 3-9: Electrical Service N. Electrical Service It shall be required for final plats approved after December 31, 1992 that all single-phase electrical service in new subdivisions of land be installed underground in accordance with the underground service policy of the electric utility, except that service to the perimeter lots may be underground from overhead facilities. Primary, secondary and street light conductors shall be located in dedicated utility easements located adjacent to rear or side lots lines. 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. Section 5: Severability Ifany provision, section subsection, sentence, clause, or phrase ofthis ordinance, or the application ofthe same to any person or set ofcircumstances is for any reason held to be unconstitutional, void or invalid, the validity ofthe remaining portions ofthis ordinance or their application to other persons or sets ofcircumstances shall not be affected thereby, it being the intent ofthe City Council in adopting this ordinance that no portion hereofor provision or regulation contained herein shall become inoperative or fail by reason ofany unconstitutionality, voidness or invalidity or another portion hereof, and all provisions ofthis ordinance are declared to be severable for that purpose. Section 6: Open Meeting The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject ofthis meeting ofthe City Council was posted at a place convenient to the public at the city hall ofthe City for the time required by law preceding this meeting as required by the Open Meeting Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at al times during which this ordinance and the subject matter approves and confirms such written notice and the contents and posting hereof. 22 PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ____DAy OF ,2007. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: VALERIA ACEVEDO ACTING CITY ATTORNEY BY: ANTHONY MCGETTRICK ASSISTANT CITY ATTORNEY 23 COUNCIL COMMUNICATION DATE: SUBJECT: FINAL READING # 2007- 0 - 202 10/15/2007 Accepting a grant awarded and amending the City of Laredo FY 2007 2008 budget by increasing revenues and expenses in the amount of $45,000 for an Interdiction project awarded by the Office of the National Drug Control Policy (ONDCP) High Intensity Drug Trafficking Area (HIDTA). Funds will be used to pay overtime expenses for a drug interdiction unit comprised of Financial Task Force agents and Laredo Police Officers from January 1, 2004 through December 31, 2007. Fringe benefits will be funded from opening fund balance. INITIATED BY: STAFF SOURCE: Cynthia Collazo, Agustin Dovalina, III, Deputy City Manager Chief of Police PREVIOUS COUNCIL ACTION: 51 Council approved Public Hearing on October 1 , 2007 BACKGROUND: The City of Laredo has been the Grantee agency for the past sixteen years for the South Texas High Intensity Drug Trafficking Area (ST HIDTA) Laredo Police Multi-Agency Financial Disruption Task Force. The Task Force works together with other Local, State and Federal Agencies, with its main focus being the identification and disruption/dismantling of Major Drug Trafficking Organizations. The Executive Office of the President of the United States, Office of National Drug Control Policy, South Texas High Intensity Drug Trafficking Area has awarded the City of Laredo a grant in the amount of $45,000 for drug interdiction. This overtime funding will primarily target drug trafficking and money laundering organizations. This award is in addition to the annual Financial Task Force grant. Program income (already grantor approved) will be used for fringe benefit costs. FINANCIAL SECTION: Fund 223 I Proposed Budget Amended Budget Budget Amendment REVENUES: Interdiction Project -0- $45,000 $45,000 EXPENSES: Overtime -0- $35,000 $35,000 Fuel -0- $10,000 $10,000 Total Interdiction Expenses -0- $45,000 $45,000 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Recommends Pass and Approve this Ordinance. FINAL READING # 2007· 0·202 ACCEPTING A GRANT AWARDED AND AMENDING THE CITY OF LAREDO FY 2007-2008 BUDGET BY INCREASING REVENUES AND EXPENSES IN THE AMOUNT OF $45,000 FOR AN INTERDICTION PROJECT AWARDED BY THE OFFICE OF THE NATIONAL DRUG CONTROL POLICY (ONDCP) HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA). FUNDS WILL BE USED TO PAY OVERTIME EXPENSES FOR A DRUG INTERDICTION UNIT COMPRISED OF FINANCIAL TASK FORCE AGENTS AND LAREDO POLICE OFFICERS FROM JANUARY 1, 2004 THROUGH DECEMBER 31,2007. FRINGE BENEFITS WILL BE FUNDED FROM OPENING FUND BALANCE. Whereas, the City Council previously adopted the budget for fiscal year 2007-2008; and Whereas, 100% of the grant funds are federally funded by the Office of the National Drug Control Policy through the High Intensity Drug Trafficking Area; and Whereas, funds will be used to pay personnel overtime cost for one (1) Laredo Police Sergeant, two (2) Laredo Police Investigator, three (3) Zapata County Investigators, one (1) Webb County Sheriff investigator; and Whereas, the described transfer below are done pursuant to the requirements of Section 6.08 of the City Charter; and Whereas, the City of Laredo full time equivalents for 223-2372 reflects: (1) Sergeant, (2) Investigators, (1) Administrative Assistant II. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: the Laredo Financial Disruption Task Force and STX Multi-Agency Drug Related Public Corruption Task Force grant be accepted in the amount of $45,000. Section 2: Amending the City of Laredo FY 2008 Financial Task Force Budget by increasing in the amount of $45,000 to fund the Laredo Financial Disruption Task Force for Interdiction project as follow: Funds will be used to pay for overtime expenses. Fund 223 I Proposed Budget Amended Budget Budget Amendment REVENUES: Interdiction Project -0- $45,000 $45,000 EXPENSES: Overtime -0- $35,000 $35,000 Fuel -0- $10,000 $10,000 Total Interdiction Expenses -0- $45,000 $45,000 PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE _ DAY OF ,2007. RAUL SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY LISSA SALDANA ISTANT CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: Final Reading of Ordinance #2007-0-203 10/15/2007 Amending the City of Laredo 2007-2008 Annual Budget in the amount of $44,687.00. The Office of Justice Programs is contributing the full grant amount of $125,687.00 with no match amount obligated to the City of Laredo. The City of Laredo and Webb County will each receive $62,843.50. The City of Laredo will utilize this funding for the purchase of equipment for Homeland Security purposes by the Laredo Police Department for the period of October 01, 2006 through September 30,2010. INITIATED BY: STAFF SOURCE: Cynthia Collazo Agustin Dovalina,1II Deputv City ManaQer Chief of Police PREVIOUS COUNCIL ACTION: (Resolutions: #2007-R-074) ACTION PROPOSED: That City Council approved this ordinance BACKGROUND: Proposed to streamline justice funding and grant administration, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own needs and conditions. JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are needed most. Grant award was split in half between LPD and the WCSO. FINANCIAL: Proposed Proposed Original BUdgot Amended Budget BUdget Amendment Revenues: OJP/BJA 81,000 125,687 44,687 Total Revenues 81,000 125,687 44,687 Expenditures: JAG Grant 07-08 81,000 125,687 44,687 Total Expenditures 81,000 125,687 44,687 RECOMMENDATION: ISTAFF: Recommends that Council approve this ordinance. ORDINANCE #2007-0-203 Amending the City of Laredo 2007-2008 Annual Budget in the amount of $44,687.00. The Office ofJustice Programs is contributing the full grant amount of $125,687.00 with no match amount obligated to the City of Laredo. The City of Laredo and Webb County will each receive $62,843.50. The City of Laredo will utilize this funding for the purchase of equipment for Homeland Security purposes by the Laredo Police Deparbnent for the period of October 01, 2006 through September 30,2010. Whereas, the Office of Justice Programs, Bureau of Justice Assistance provide homeland security equipment that will be utilized by the Laredo Police Department; and Whereas, the City Manager is authorized to apply for, accept, reject, alter or terminate this grant on behalf of the City of Laredo; and Whereas, the City of Laredo has agreed that in the event of loss or misuse of the Office of Justice Programs funds, the City of Laredo assures that the funds will be returned to the Office of Justice Programs in full; and Whereas, the City of Laredo will administer this grant on behalf of itself and Webb County. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The City of Laredo 07-08 Annual Budget be amended in the amount of $44,687.00 and accepting an award in the same amount by the Office of Justice Programs, Bureau of Justice Assistance. The Bureau of Justice Assistance is contributing $125,687.00 (100%) with the City designating no cash match. The City of Laredo and Webb County will each receive $62,843.50. This funding will be used for the purchase of homeland security equipment for the Laredo Police Department the period of September 1,2006 through August 31,2010. Section 2: FINANCIAL: Proposed Proposed Original Budget Amended Budget BUdget Amendment Revenues: OJP/BJA 81.000 125.687 44,687 Total Revenues 81,000 125,687 44,687 Expenditures: JAG Grant 07-08 81.000 125,687 44,687 Total Expendttures 81,000 125,687 44,687 Section 3: It authorizes the City Manager to execute all necessary documents to obtain said grant and to effectuate its terms. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ___ DAYOF ,2007. RAUL SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: ANTHONY C. McKETTRICK ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION DATE: I SUBJECT: FINAL READING OF ORDINANCE NO. 2007-0-204 10/15/07 I AUTHORIZING THE CITY MANAGER TO ACCEPT A DIRECT AID GRANT FROM THE TEXAS STATE LIBRARY - LOAN STAR LIBRARIES PROGRAM IN THE AMOUNT OF $30,722.00 FOR NEW PUBLIC COMPUTERS AND REPLACEMENT OF BACKLIT COMPONENTS FOR CURRENT LCD COMPUTER TERMINALS AND AMENDING THE CITY OF LAREDO FY 2007-2008 ANNUAL BUDGET REVENUES AND EXPENDITURES IN THE AMOUNT OF $ 5,722.00. INITIATED BY: STAFF SOURCE: Carlos Villarreal, City Manager Janice Weber, Library Director PREVIOUS COUNCIL ACTION: 'Council accepted a grant from the Texas State Library - Loan Star Libraries Program on the foIlowing ates: ovember 6,2006 (Ordinance no. 2006-0-267) in the amount of$14,736.00; September 19, 2005 (Ordinance no. 2005-0-219) in the amount of $14,240.00; ctober 25,2004 (Ordinance no. 2004-0-254) in the amount of $15,139.00; October 23,2003 (Ordinance no. 2003-0-252) in the amount of $18,627.00; ecember 2, 2002 (Ordinance no. 2002-0-299) in the amount of $22,323.00; and anuary 28, 2002 (Ordinance no. 2002-0-015) in the amount of$22,131.00. BACKGROUND: This is the seventh year offunding from the Texas State Library that directly benefits public libraries. A formula for aIlocation included base grant (population) and above base, which was determined by whether or not libraries charged non-resident fees. Laredo Public Library does not charge non-resident fees. Funds wiIl be used to replace old public computers and replacement of backlit components for current LCD computer terminals. The total amount received to-date for this grant program from the Texas State Library is $137,918.00. FINANCIAL: Funds will be expended through the Friends ofthe Library line Item: 661-3553-555-9002 Computer Hardware (Main Library Division) Annual Budget Amendment Revised Budget 1661-0000-323-1011 $25,000.00 $ 5,722.00 $30,722.00 ~61-3553-555-9002 $25,000.00 $ 5,722.00 $30,722.00 RECOMMENDATION: STAFF: The Library Advisory Committee recommends Recommend approval ofthis Ordinance. approval ofthis Ordinance. ORDINANCE NO. 2007-0-204 AUTHORIZING THE CITY MANAGER TO ACCEPT A DIRECT AID GRANT FROM THE TEXAS STATE LmRARY - LOAN STAR LIBRARIES PROGRAM IN THE AMOUNT OF $30,722 FOR NEW PUBLIC COMPUTERS AND REPLACEMENT OF BACKLIT COMPONENTS FOR CURRENT LCD COMPUTER TERMINALS AND AMENDING THE CITY OF LAREDO FY 2007-2008 ANNUAL BUDGET REVENUES AND EXPENDITURES IN THE AMOUNT OF $5,722.00. WHEREAS, the City of Laredo seeks all opportunities to augment the technology and infonnational resources provided by the Laredo Public Library, and; WHEREAS, the Laredo Public Library maintains State Accreditation to take advantage ofState grant programs such as Loan Star Libraries Program; and WHEREAS, this grant will fund the purchase of new public computers and replacement ofbacklit components for current LCD computer tenninals for the Main Library, and; WHEREAS, the FY2008 grant amount received differs from budgeted amount, thus requiring a budget amendment, and; WHEREAS, the City of Laredo is pleased to accept this grant from the Texas State Library - Loan Star Libraries Program, and; WHEREAS, the City Manager is authorized to amend said budget for these funds; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: 1. Authorizing the City Manager to amend the City of Laredo FY2007 2008 Annual Budget Revenues and Expenditures in the amount of $5,722.00 for a grant from the Texas State Library - Loan Star Libraries Program for a total grant amount of$30,722.00. 2. These funds be used to purchase new public computers and replacement ofbacklit components for current LCD computer tenninals for the Main Library 3. The City Manager is hereby directed to execute any and all documents as required for the transfer ofthese funds. 4. This Ordinance shall become effective upon passage hereof. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON TillS 15tb DAY OF OCTOBER, 2007. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO IV CITY ATTORNEY BY: -::cV:-c.M:-=E:-CLI---:S--:-S--:-A---:S:-CA:-CL-D-AN~-~A-- ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: FINAL READING 2007-0-205 10/15/07 Authorizing City Manager to accept a grant in the amount of $50,000 from the Office of the Governor, the Division of Emergency Management (GDEM) and to amend the City of Laredo FY 2007-2008 Annual Budget in the same amount. The Office of the Governor, the Division of Emergency Management has made a project grant available in order to organize and deploy state agency and local government law enforcement personnel and equipment to participate in a project to enhance border security along the Texas-Mexico border. Funds will be used to pay overtime, fringe benefits and operational expenses from September 12, 2007 through December 2, 2007. INITIATED BY: STAFF SOURCE: Cynthia Collazo Agustin Dovalina, III Assistant City Manager Chief of Police PREVIOUS COUNCIL ACTION: Council approved public hearing on October 1, 2007. BACKGROUND: The Office of the Governor, the Division of Emergency Management has made a project grant available in order to organize and deploy state agency and local government law enforcement personnel and equipment to participate in a project to enhance border security along the Texas-Mexico border. This project is designed as the "Border Security Enhancement Operations (BSEO)" project. This project will be in multiple phases. Phase I of the project will be from September 12, 2007 thru December 2, 2007. FINANCIAL IMPACT: Original Proposed Budget Budget Bydget Amendment Revenues: GDEM/Grant $0 $50,000 $50,000 Total Revenues $0 $50,000 $50,000 Expenditures: GDEM/Project Grant $0 $50,000 $50,000 Total Expenditures $0 $50,000 $50,000 COMMITIEE RECOMMENDATION: STAFF RECOMMENDATION: Staff Recommends that Council approves this Ordinance. ORDINANCE #2007-0-205 AUTHORIZING CITY MANAGER TO ACCEPT A GRANT IN THE AMOUNT OF $50,000 FROM THE OFFICE OF THE GOVERNOR, THE DIVISION OF EMERGENCY MANAGEMENT (GDEM) AND TO AMEND THE CITY OF LAREDO FY 2007-2008 ANNUAL BUDGET IN THE SAME AMOUNT. THE OFFICE OF THE GOVERNOR, THE DIVISION OF EMERGENCY MANAGEMENT HAS MADE A PROJECT GRANT AVAILABLE IN ORDER TO ORGANIZE AND DEPLOY STATE AGENCY AND LOCAL GOVERNMENT LAW ENFORCEMENT PERSONNEL AND EQUIPMENT TO PARTICIPATE IN A PROJECT TO ENHANCE BORDER SECURITY ALONG THE TEXAS-MEXICO BORDER. FUNDS WILL BE USED TO PAY OVERTIME, FRINGE BENEFITS AND OPERATIONAL EXPENSES FROM SEPTEMBER 12, 2007 THROUGH DECEMBER 2, 2007. Whereas, the City Council previously adopted the budget for fiscal year 2007 2008; and Whereas, 100% of the grant funds are state funded by the Office of the Governor, the Division of Emergency Management (GDEM); and Whereas, funds will be used to pay overtime, fringe benefits and operational expenses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: the City Manger accepts a grant from the Office of the Governor, the Division of Emergency Management (GDEM) in the amount of $50,000. Section 2: Amending the City of Laredo FY 2007-2008 budget by increasing revenues and expenses the amount of $50,000. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ___ DAY OF ,2007. RAUL SALINAS MAYOR ATIEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATIORNEY V. MELISSA SANDENA ASSISTANCT CITY ATIORNEY COUNCIL COMMUNICATION DATE: SUBJECT: Final Reading of Ordinance #2007-0-206 Amending the City of Laredo FY 2007-2008 Annual BUdget by 10 I 15 I 2007 appropriating expenditures in the amount of $500,000.00 in the Laredo Police Department Trust Fund. Funding will be used to purchase operational materials and supplies and capital outlay equipment. Equipment items include surveillance equipment, tactical entry equipment, and patrol motorcycles. Funding is available in the Police Trust Fund opening balance. INITIATED BY: STAFF SOURCE: Cynthia Collazo Agustin Dovalina,1II Deputy City ManaQer Chief of Police PREVIOUS COUNCIL ACTION: None ACTION PROPOSED: City Council approve this Ordinance. BACKGROUND: The Laredo Police Department is requesting this fund balance drawdown from the Police Trust Fund in order to purchase the following items that were not originally budgeted in the FY 07-08 Annual Budget: Surveillance Equipment Interdiction Tools Tactical Entry Equipment Patrol Motorcycles and Accessories Minor Tool and Apparatus Items Officer Safety Equipment FINANCIAL: Amended FUND #665 Original Budget Proposed Budget FY 07-08 Amendment FY 07·08 Opening Balance: $ 1,718,726 0 1,718,726 Revenues: 860,000 0 860,000 Expenses: 1,808,726 500,000 2,308,726 'ClosinQ Balance $ 770,000 (500,000) 270,000 *Increase in expenditures is coming from fund balance STAFF: RECOMMENDATION: Recommends the approval of this ordinance. ORDINANCE #2007-0-206 Amending the City of Laredo FY 2007-2008 Annual Budget by appropriating expenditures in the amount of $500,000.00 in the Laredo Police Department Trust Fund. Funding will be used to purchase operational materials and supplies and capital outlay equipment. Equipment items include surveillance equipment, tactical entry equipment, and patrol motorcycles. Funding is available in the Police Trust Fund opening balance. Whereas, the Police Chief recommends that Council authorize the amendment of the budget; and Whereas, funding will be used to purchase items for the Laredo Police Department. Items include surveillance equipment, tactical entry equipment, patrol motorcycles and other needed items; and Whereas, funding for the project is available in the Laredo Police Trust Fund beginning balance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The City of Laredo's FY 2007-2008 annual budget shall be and hereby is amended as follows: FINANCIAL: Amended FUND #665 Original Budget Proposed Budget FY07·08 Amendment FY07-08 Opening Balance: $ 1,718,726 0 1,718,726 Revenues: 860,000 0 860,000 Expenses: 1,808,726 500,000 2,308,726 'Closing Balance $ 770,000 (500,000) 270,000 "'Increase in expenditures is coming from fund balance Section 2: Expenditures are hereby appropriated in the amount of $500,000 in the Laredo Police Department Trust Fund. Funding will be used to purchase operational materials and supplies and capital outlay equipment. Funding is available in the opening fund balance. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ___ DAY OF ,2007. RAUL SALINAS MAYOR ATIEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: ANTHONY C. McKETIRICK ACTING CITY ATIORNEY COUNCIL COMMUNICATION DATE: SUBJECT: FINAL READING OF ORDINANCE NO. 2007-0-207 10/15/07 Authorizing the City Manager to accept a donation from Wal-Mart Corporation in the amount of$1,000.00 and amending and appropriating the City ofLaredo FY 2007-2008 annual budget. Funds will be deposited in the Friends of the Library Fund and will be used to purchase a new laminating machine for the Main Library. INITIATED BY: STAFF SOURCE: Carlos Villarreal, City Manager Janice Weber, Library Director PREVIOUS COUNCIL ACTION: On January 2,2007 Council accepted a donation from Wal-Mart in the amount of$500.00. BACKGROUND: The Wal-Mart Corporation donates funds to various programs. This donation is unrestricted and will be used to purchase a new laminating machine for the Main Library. FINANCIAL: Funds will be deposited in the Friends ofthe Library Revenues - Contributions and Donations account (661- 0000-372-1000) and expended through the Friends ofthe Library line Item 661-3552-552-2400 Minor Apparatus and Tools (Main Library). Annual Budget Amendment Revised Budget 661-0000-372-1000 $5,000.00 $1,000.00 $6,000.00 ~61-3552-552-2400 $0.00 $1,000.00 $1,000.00 RECOMMENDATION: STAFF: The Library Advisory Committee recommends approval of Recommend approval ofthis Ordinance. this Ordinance. ORDINANCE NO. 2007-0-207 AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION FROM THE WAL-MART CORPORATION IN THE AMOUNT OF $1,000.00 AND AMENDING AND APPROPRIATING THE CITY OF LAREDO FY 2007-2008 BUDGET. FUNDS WILL BE DEPOSITED IN THE FRIENDS OF THE LIBRARY FUND AND WILL BE USED TO PURCHASE A NEW LAMINATING MACillNE FOR THE MAIN LIBRARY. Whereas, the City Council accepts a donation from Wal-Mart Corporation in the amount of$l,OOO.OO, and; Whereas, the Wal-Mart Corporation funds existing various programs, and; Whereas, these funds will be used to purchase a new laminating machine for the Main Library, and; Whereas, appropriation is already in place in the Friends ofthe Library Fund; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: 1. The City ofLaredo accepts the grant form the Wal-Mart Corporation in the amount of $1,000.00. 2. These funds will be used to purchase a new laminating machine for the Main Library. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON TillS 15th DAY OF OCTOBER 2007. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: Raul Casso IV City Attorney By: V. ME-==LC::I-=-SS=-A"'---::-SAL-:-::-:D=-AN.,..-:;o:-c:-A---- Assistant City Attorney COUNCIL COMMUNICATION Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2007-0-208 Amending the Zoning Ordinance (Map) ofthe City ofLaredo by anthorizing a Conditional Use 10/15/07 Permit for a parking lot on Lot 7, Block 6, Moonlight Snbdivision, located at 2101 Pnscas Court; providing for an effective date and publication. ZC-38B-2007 Initiated by: Staffsource: Pivotal Development Keith Selman, Planning Director Prior action: This item was introduced by Mike Garza at the City Council meeting of 10/01107. BACKGROUND Council District: I - Mike Garza Proposed use: Parking Lot Site: Vacant residential lot Warnings/Citations: None. Surrounding land uses: The surrounding uses include single-family residences and vacant lots to the north and east. To the south are a vacant commercial strip center, Nuestra Senora Del Rosario Church, Sigifredo Perez Ele mentary School and single-family residences. To the west are a police substation, single-family residences and the Sierra Vista Webb County Head Start Center. Comprehensive Plan: The Future Land Use Map recognizes this area as Medium Density Residential. Transportation Plan: The Long Range Thoroughfare Plan does not identify Puscas Court. Letters sent to surrounding property owners: 9 In Favor: 0 Opposed: 0 STAFF COMMENTS Staff supports the issuance ofthe proposed Conditional Use Permit at this location. A parking lot, requires a B-1 designation, rather than the current R-IA zoning district. While a B-1 designation is unwarranted at this location, conditional use status is appropriate as the proposed use "will not alter the character ofthe surrounding area in a manner which substantially limits, impairs, or precludes the use ofsurrounding properties for the primary uses listed as allowable in the underlying zoning districts." Staff recommends the following conditions: 1. Parking shall comply with the Laredo Land Development Code at all times. 2. The C.U.P. shall be issued Pivotal Development, and is nontransferable. 3. The C.U.P. is restricted to the activities describe in letter, Exhibit "A", which is made part hereof for all purposes. 4. The C.U.P. is restricted to the site plan, Exhibit "B", which is made part hereoffor all purposes. 5. The owner must plant and maintain trees and shrubs in accordance with the Land Development Code. 6. Provide a seven (7) ft. opaque fence along the streets and adjacent to residential uses/zones. 7. Access is not allowed from Puscas Court or South Lucy Avenue. 8. Lighting shall be directed away from adjacent residential uses. 9. No trash bin on Lot 7 (onlv parking). P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recommended ap Staffsupports the proposed conditional use proval ofthe conditional use permit. permit. ORDINANCE NO. 2007-0-208 AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR A PARKING LOT ON LOT 7, BLOCK 6, MOONLIGHT SUBDIVISION, LOCATED AT 2101 PUSCAS COURT; PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION. WHEREAS, a request has been received for the issuance ofa Conditional Use Permit for a parking lot on Lot 7, Block 6, Moonlight Subdivision, located at 210I Puscas Court; 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 July 5, 2007; 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 (IS) 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 1,2007, on the re quest 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 I: The Zoning Map ofthe City ofLaredo be and is hereby amended by author izing the issuance ofa Conditional Use Permit for a parking lot on Lot 7, Block 6, Moonlight Subdivision, located at 210I Puscas Court. Section 2: The Conditional Use Permit is further restricted to the following provision herewith adopted by the City Council: I. Parking shall comply with the Laredo Land Development Code at all times. 2. The C.u.P. shall be issued Pivotal Development, and is nontransferable. 3. The c.u.P. is restricted to the activities describe in letter, Exhibit "A", which is made part hereoffor all purposes. I 4. The c.u.P. is restricted to the site plan, Exhibit "B", which is made part hereof for all purposes. 5. The owner must plant and maintain trees and shrubs in accordance with the Land Devel opment Code. 6. Provide a seven (7) ft. opaque fence along the streets and adjacent to residential uses/zones. 7. Access is not allowed from Puscas Court or South Lucy Avenue. 8. Lighting shall be directed away from adjacent residential uses. 9. No trash bin will be allowed on Lot 7 (only parking). 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: I. 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 of six (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 of a minimum often (10) working days, within which time the use may be brought into compliance with the current City Council approved Conditional Use Permit for that location. B. Ifnoncompliance persists after the conclusion ofthe warning grace period, a Zon ing Enforcement Official shall issue a written citation. 2 C. Should the citation result in a guilty verdict, the City ofLaredo shall consider the Conditional Use Permit revoked and proceed with its removal from the City of Laredo Zoning Map. D. The Planning Director shall then issue the permit holder written notification 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 ,2007. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY BY: ANTHONY C. MCGETTRICK ASSISTANT CITY ATTORNEY 3 Request for C.U.P. (Conditional Use Permit) City of Laredo Planning & Zoning Location' 2101 Puscas Ct ZC-38-2007 19 18 17 16 2 '5 14 13 12 11 ,...... J.L- ~ 7 76 ~A83W17 /\..~ 278 II 279 15 '--..cRTBoCN:::T TED 16 1'~1 17 \. 18 r ~A,~ 14 .. 1 2 3 4 5 6 7 8 9 10 " 143 18 "A'?0. 187 ??:0t;bw228 'ARO~N 280 ~50~ ~ 41 67 B ift- Ir---,----+."'c.c'-l 18 ''\:,..: '180/ '-30' :.:....=.. 13 , '-/', _D.,--r_r--r_Orl_p~~•.rA:-Lr·P_r-,_".....t~14 ~ 4 1 3 8 6 '-"o~O~/ 19 229 282 ~ 12 42 68 :t , r' 1"(8 '-.. ~ ~ 14 18, 1-, 230 284 ~!----;';- 43 69 I 1 2 3 4 5 6 1l2J7 8 9 10 11 12 \ 13...... 120 \4 ~ '- 231 286 285 44 10 I- ~ ~ 14 192 232 288 z 287 10 J 1~.I14R~3 ~f ~ 45 71 1 >- 17 16 / 12./1 L-.!E.. '<... 15 lSlA 233 290 u:: 289 9 :3 46 72 2 :i -'- L - I 126 ~ o' 125 115~' 151 234 35_ 292 Z- 291 8 .i?J -'-"'--6--1 ,~_ tAMRrCK CIR ];-,1 r--'::;' ~ r-- ~~ (') 127 154 153 236 37 294 en g 293 11 r:r: 8- 4' 3 ~ ~~ ~ ~ 7m f-::;'-4''--::!2.~73 i§ J SOn 10 129 156 155 238 3 239 296 6 I:) 46 '4 ~ ~ ~ :~~ ~ ~ 4 5 6 I 7 I 8 UNPLATTED 131 ...... z 157 240 '=' 241 298 U 7 1-_-1----14' 75 ~ 13~J2~ ~ 159 3 242 25 Mr.-:;,24,,3+..:3:.;OO'--1 4 50 T6 C.U.P. ~ 135 162 ~ g 161 244 t9TW 245 302 301 ~ 51 77 ~ 137 164 £a 163 246 247 304 3 -~ 3ii3" UNPLATTED 2 ~ 139 166'1 165 248 249 J06 ~ 2 52 78 ~ 53 79 '.V.L.V 142 141 168 I 167 250 I 251 J08 1 1 MOON't:N 43 4241 40 39 38 3:136135134 33 32 31 f, 29 28 27 26 25 CAss~l;)~N r-r-r""-"r-T'50r' ""-'-r--J-O----,--,--.,....,--! t 2 345 6 7 8 9 10 11 12 13 14 15 16 17 2 3 B.3 50 49 46 47 46 45 44 43 42 41 40 39 38 37 36 35 4 3 4 f--, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 3 6 50 49 46 47 46 45 44 43 42 41 40 39 38 37 36 3534 15 12I~:41 1'16 AG LOr. Sigifredo Perez R·1 3 f------l----I' 2 9 to 11 1 2 ~H'J.~I,.i' '---'--'-tOMNvISTA·DR-L-L...... ' I 14 r----,r------.50·r----,r------. 2 1 (, 2 12 R.1MH 36 3 ~ I 41 3 3 2 r--::'-+-4---1;2 fi:~--n40,.---j-""":4'--1 4 3 3 5 5 , 4 34 3 139 ZONE DISTRICTS W.E o Zone Districts S 1 inch equals 30b feel m PROPOSED REZONE To: Mr. Keith Selman cc: I'v15. Susana Ramos From: Juan A. Salinas Date: 6/1512007 Re: Conditional Use Permit - Lot J4, Block J, Moonlight Subdivision I would like to amend my request from a rezoning application la a Conditional Use Permit (C.U.P.) for the above referenced Jot. The purpose of the C.U.P. will be (0 provide adtliliorwl parking for an adjacent proposed educational facility operared by Gateway Academy, which requires more parking than is currently available on lhe proposed school sileo Please feel fre.c to contact me at 956-334~5826 with any questions Of additional information required. ~ City of Lared9 Planning &ZOning JUNCtt-18 2007 " f "A" 1 (-.D - "I - ~ -]- -r _.,.~n~~'~'t'<1 - if - ...Q - 'Ep :,1 "' I : I :il ~o. 1~Y!aJ .~ JI ----l------~~·I' l~I~~~i'.G'I~~ACES~ 'II r~:f2-f;' , 111- .:------j l: 9 I V.l5;= 1'1 ''" ,11",r ~ HII I' I II'~_~\L /~- / '" Y. . :1) Hi I~ / iii i;: .'* / iil~---i--- i\1 1 "f 'I ' / 'I'I i .~ i i! l':"" !;! ~ II[ !":. / Ii! : --i' ~ / , ~ II' r-. ill'l d' /' 'I ":' '[ I ,,[ ~ 'I I~_ __n, , -'i ii "'~'-,~u.. ?'1!l"~R':!.:.ol"t'_ ~~_ )I! ~ :I~ _l?·..u -- COUNCIL COMMUNICATION DATE: SUBJECT: RESOLUTION NO. 2007-R·076 CONFIRMING THE MAYOR'S APPOINTMENT OF FIVE (5) REPRESENTATIVES 10/15/2007 FROM THE CITY OF LAREDO, TO SERVE ON THE BOARD OF DIRECTORS OF THE SOUTH TEXAS DEVELOPMENT COUNCIL FOR THE PERIOD OCTOBER 1, 2007 TO SEPTEMBER 30, 2008; THE APPOINTMENTS MUST INCLUDE THREE (3) ELECTED CITY OFFICIALS AND TWO (2) NON-GOVERNMENTAL MEMBERS THAT REPRESENT THE GENERAL INTEREST GROUPS OF BUSINESS AND COMMUNITY BASED ORGANIZATIONS .INITIATED BY: STAFF SOURCE: Carlos Villarreal Cynthia Collazo City Manager Deputy City Manager PREVIOUS COUNCIL ACTION: Passage ofResolution No. 2006-R-073 on July 17,2006, confioning the appointment ofrepresentatives fi'om the City ofLaredo to the BoardofDirectors for STDC. On May 14, 2007, Council Meeting, motion was made to rotate City Council Members appointments to the South Texas Development Council. BACKGROUND: It is recorrnnended that appointments be made by foonal resolution. This resolution provides for the following appointments: 1. Three (3) City elected officials 2. Two (2) non-governmental members The following are appointed as alternates for one or more ofthe above appointed representatives: 1. Jesus Olivares, Assistant City Manager 2. Thelma (Ronnie) Acosta, Corrnnunity Development Director 3. Heberto "Beto" Ramirez, Information Technology and Support Services Director 4. John Porter, Environmental Services Assistant Director 5. Humberto Garza, Laredo International AirpOlt FINANCIAL IMPACT: N/A RECOMMENDATION: STAFF RECOMMENDATION: N/A Approval ofthis resolution. RESOLUTION NO. 2007~R-076 CONFIRMING THE MAYOR'S APPOINTMENT OF FIVE (5) REPRESENTATIVES FROM THE CITY OF LAREDO, TO SERVE ON THE BOARD OF DIRECTORS OF THE SOUTH TEXAS DEVELOPMENT COUNCIL FOR THE PERIOD OCTOBER 1, 2007 TO SEPTEMBER 30, 2008; THE APPOINTMENTS MUST INCLUDE THREE (3) ELECTED CITY OFFICIALS AND TWO (2) NON GOVERMENTAL MEMBERS THAT REPRESENT THE GENERAL INTEREST GROUPS OF BUSINESS AND COMMUNITY-BASED ORGANIZATIONS. WHEREAS, consistent with state law, the City shall be represented on the South Texas Development Council. WHEREAS, the South Texas Development Council is a standing regional planning commission that shall "make studies and plans to guide the unified, far-reaching development of a region, eliminate duplication, and promote economy and efficiency in the coordinated development" ofWebb, Jim Hogg, Starr and Zapata counties. WHEREAS, consistent with the bylaws of the South Texas Development Council, the Mayor shall nominate five members of the 19-member commission, subject to Council confirmation. NOW, THEREFORE, .BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The following persons are hereby appointed as the representative of the City of Laredo to the South Texas Development Council Board of Directors for the period from October 1,2007 to September 30, 2008. 1. Council Member , City Council District _ 2. Council Member , City Council District _ 3. Council Member , City Council District _ 4. ______, Non-Govemmental Member 5. ______-----', Non-Governmental Member Section 2: In the event that the term of office of any of the above listed elected officials of the City of Laredo should expire during the term provided for herein, then their successor will serve the balance ofthe above term as the representative ofthe City ofLaredo; and Section 3: Members of the Board of Directors: shall attend all four (4) regularly scheduled board meetings for the year; shall be subject to replacement after any two (2) absences of such board meetings; and, shall make every effort to attend all other Committee meeting ofwhich they are also a member; and Section 4: The following persons are appointed as altemates for one or more of the above appointed representatives ofthe City ofLaredo. They are as follows: 1. Jesus Olivares, Assistant City Manager 2. Thelma (Ronnie) Acosta, Community Development Director 3. Heberto "Beto" Ramirez, IT & Support Services Director 4. John Porter, Environmental Services Assistant Director 5. Humberto Garza, Laredo Intemational Airport PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on this, the _____. day ofSeptember, 2007. RAUL G. SALINAS Mayor ATTEST: GUSTAVO GUEVARA, JR City Secretary APPROVED AS TO FORM: RAUL CASSO CITV:~l:..RNEY /l By: /0-« -111. ~d" VALERIA ACEVEDO Assistant City Attomey PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ___ DAYOF ,2007. RAUL SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APP~~ AN1HONY C. McKETTRICK ASSISTANT CITY ATTORNEY South Texas Development Council Members 2002-2003 Johnny Amaya, Council Member 2003-2004 Johnny Amaya, Council Member 2004-2005 Johnny Amaya, Council Member 2005-2006 Johnny Amaya, Council Member 2006-2007 Johnny Amaya, Council Member Johnny Rendon, Council Member Juan Ramirez, Council Member COUNCIL COMMUNICATION DATE: SUBJECT: RESOLUTION NO. 2007-R- 080 Authorizing the City Manager to execute Grant Agreement CSJ No. M822LREDO with 10-15-07 he Texas Department ofTransportation under the Routine Airport Maintenance Program in the amount of $50,000.00 for the purpose ofairside and landside maintenance at the Laredo International Airport. The City's fifty (50%) percent Local Match for this project in the amount of$50,000.00 is available in the Airport Operations Fund. INITIATED BY: Jesus M. Olivares STAFF SOURCE: Jose L. Flores, Assistant City Manager Airport Director PREVIOUS ACTION: City Council has approved previous grant agreements with the Texas Department ofTransportation under the Routine Airport Maintenance Program. BACKGROUND: trhe RAMP Grant will be used to purchase runway and taxiway paint, electrical airfield components and Ireplacement sign panels. The State will reimburse the City 50% of actual cost up to $50,000.00. ~he expense ofmarking airport pavements normally covered by the Airport Operations Budget will now be [borne by the RAMP Grant. iFINANCIAL: trhe local match of$50,000.00 is budgeted under the Airport Operations Fund. COMMITTEE RECOMMENDATION: STAFF: Recommends that the City Manager be On September 5, 2007, the Airport Advisory authorized to execute grant agreement with the Texas Committee recommended approval. Department ofTransportation in the amount of $50,000. RESOLUTION NO. 2007-R-080 AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT AGREEMENT CSJ NO. 822LREDO WITH THE TEXAS DEPARTMENT OF TRANSPORTATION UNDER THE ROUTINE AIRPORT MAINTENANCE PROGRAM IN THE AMOUNT OF $50,000.00 FOR THE PURPOSE OF AIRSIDE AND LANDSIDE MAINTENANCE AT THE LAREDO INTERNATIONAL AIRPORT. THE CITY'S FIFTY (50%) PERCENT LOCAL MATCH FOR THIS PROJECT IN THE AMOUNT OF $50,000.00 IS AVAILABLE IN THE AIRPORT OPERATIONS FUND. WHEREAS, in the Airport Operations Fund under the 2007-2008 Fiscal Year Routine Maintenance account there is available the City's fifty (50%) percent local match in the amount of$50,000.00; and WHEREAS, the City Council finds it to be in the best interest of the City of Laredo, Texas, to accept this grant in the amount of $50,000 and to match the grant in the amount of$ 50,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section I: The City of Laredo hereby accepts the provisions of the Texas Department of Transportation Routine Airport Maintenance Grant for FY08; and Section 2: The City Manager is hereby authorized and directed to execute Grant Agreement CSJ No. 822LREDO with the Texas Department of Transportation in the amount of $50,000.00 and to match the City's fifty percent (50%) local match in the amount of$50,000.00. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2007. RAUL G. SALINAS MAYOR TX DOT RAMP GRANT FY08 ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY BY: ~ 1J112u~ VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY Page 2 of2 TEXAS DEPARTMENT OF TRANSPORTATION GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (State Assisted Airport Routine Maintenance) TxDOT Project No.: AM 2008LREDO TxDOT CSJ No.: M822LREDO Part I- Identification ofthe Project TO: The City ofLaredo, Texas FROM: The State ofTexas, acting through the Texas Department ofTransportation This Grant is made between the Texas Department of Transportation, (hereinafter referred to as the "State"), on behalf of the State of Texas, and the City of Laredo, Texas, (hereinafter referred to as the "Sponsor"). This Grant Agreement is entered into between the State and Sponsor shown above, under the authority granted and in compliance with the provisions of the Transportation Code, Chapter 21. The project is for airport maintenance at the Laredo International Airport. Part II - Offer ofFinancial Assistance 1. For the purposes ofthis Grant, the annual routine maintenance project cost, Amount A, is estimated as found on Attachment A, Scope of Services, attached hereto and made a part ofthis grant agreement. State financial assistance granted will be used solely and exclusively for airport maintenance and other incidental items as approved by the State. Actual work to be performed under this agreement is found on Attachment A, Scope of Services. State financial assistance, Amount B, will be for fifty percent (50%) of the eligible project costs for this project or $50,000.00, which ever is less, per fiscal year and subject to availability ofstate appropriations. The Sponsor may request the State to provide mowing services, services to be provided at the discretion of the State. However, mowing services will not be eligible for state financial assistance. Sponsor will be responsible for 100% of costs of any mowing services. Page I ofl2 AVN4301.DOC (8/2007) Scope of Services, Attachment A, of this Grant, may be amended, subject to availability of state funds, to include additional approved airport maintenance work. Scope amendments require submittal ofan Amended Scope of Services, Attachment A. Services will not be accomplished by the State until receipt of Sponsor's share ofproject costs. Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. Work shall be accomplished by August 31, 2008, unless otherwise approved by the State. 2. The State shall determine fair and eligible project costs for work scope. Sponsor's share of estimated project costs, Amount C, shall be as found on Attachment A and any amendments. It is mutually understood and agreed that if, during the term of this agreement, the State determines that there is an overrun in the estimated annual routine maintenance costs, the State may increase the grant to cover the amount of the overrun within the above stated percentages and subject to the maximum amount ofstate funding. The State will not authorize expenditures in excess ofthe dollar amounts identified in this Agreement and any amendments, without the consent ofthe Sponsor. 3. Sponsor, by accepting this Grant certifies and, upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs. The Sponsor grants to the State the right to audit any books and records ofthe Sponsor to verify expended funds. Upon execution of this Agreement and written demand by the State, the Sponsor's financial obligation (Amount C) shall be due in cash and payable in full to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay their obligation, either in whole or in part, within 30 days ofwritten demand, the State may exercise its rights under Paragraph V-3. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity. The State shall reimburse or credit the Sponsor, at the financial closure ofthe project, any excess funds provided by the Sponsor which exceed Sponsor's share (Amount C). 4. The Sponsor specifically agrees that it shall pay any project costs which exceed the amount of financial participation agreed to by the State. It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State which are in excess of the percentage of financial assistance (Amount B) as stated in Paragraph II-I. Page 2 of 12 AVN4301DOC (812007) 5. Scope of Services may be accomplished by State contracts or through local contracts of the Sponsor as determined appropriate by the State. All locally contracted work must be approved by the State for scope and reasonable cost. Reimbursement requests for locally contracted work shall be submitted on forms provided by the State and shall include copies ofthe invoices for materials or services. Payment shall be made for no more than 50% ofallowable charges. The State will not participate til funding for force account work conducted by the Sponsor. 6. This Grant shall terminate upon completion ofthe scope ofservices. Part III - Sponsor Responsibilities I. In accepting this Grant, ifapplicable, the Sponsor guarantees that: a. it will, in the operation ofthe facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State in connection with this Grant; and b. the Airport or navigational facility which is the subject of this Grant shall be controlled by the Sponsor for a period ofat least 20 years; and c. consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes and shall provide adequate public access during the period ofthis Grant; and d. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and e. it shall not enter into any agreement nor permit any aircraft to gain direct ground access to the sponsor's airport from private property adjacent to or in the immediate area of the airport. Further, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a "through-the-fence operation," unless an exception is granted in writing by the State due to extreme circumstances; and f. it shall not permit non-aeronautical use ofairport facilities without prior approval ofthe State; and g. the Sponsor shall submit to the State annual statements of airport revenues and Page 3 of 12 AVN4301DOC (8/2007) expenses when requested; and h. all fees collected for the use of the airport shall be reasonable and nondiscriminatory. The proceeds from such fees shall be used solely for the development, operation and maintenance of the airport or navigational facility; and 1. an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund, shall be submitted to the State. The fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. All fees, charges, rents, and money from any source derived from airport operations must be deposited in the Airport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport purposes. Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements ofthis subparagraph; and j. the Sponsor shall operate runway lighting at least at low intensity from sunset to sunrise; and k. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height ofstructures and use ofland adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain avigation easements or other property interests in or rights to use of land or airspace, unless sponsor can show that acquisition and retention of such interest will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State. 2. The Sponsor, to the extent ofits legal authority to do so, shall save harmless the State, the State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting claim or liabilities which might be imposed on the State as the result of those activities by the Sponsor, the Sponsor's agents or employees. Page 4 ofl2 AVN4301.DOC (8/2007) 3. The Sponsor's acceptance ofthis Offer and ratification and adoption ofthis Grant shall be evidenced by execution of this Grant by the Sponsor. The Grant shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. If it becomes unreasonable or impractical to complete the project, the State may void this agreement and release the Sponsor from any further obligation ofproject costs. 4. Upon entering into this Grant, Sponsor agrees to name an individual, as the Sponsor's Authorized Representative, who shall be the State's contact with regard to this project. The Representative shall receive all correspondence and documents associated with this grant and shall make or shall acquire approvals and disapprovals for this grant as required on behalf ofthe Sponsor, and coordinate schedule for work items as required. 5. By the acceptance of grant funds for the maintenance of eligible airport buildings, the Sponsor certifies that the buildings are owned by the Sponsor. The buildings may be leased but if the lease agreement specifies that the lessee is responsible for the upkeep and repairs ofthe building no state funds shall be used for that purpose. 6. Sponsor shall request reimbursement of eligible project costs on forms provided by the State. All reimbursement requests are required to include a copy of the invoices for the materials or services. The reimbursement request will be submitted no more than once a month. 7. The Sponsor's acceptance of this Agreement shall comprise a Grant Agreement, as provided by the Transportation Code, Chapter 21, constituting the contractual obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the airport maintenance and compliance with the assurances and conditions as provided. Such Grant Agreement shall become effective upon the State's written Notice to Proceed issued following execution ofthis agreement. Page 5 of 12 AVN4301.DOC (812007) PART IV - Nomination ofthe Agent I. The Sponsor designates the State as the party to receive and disburse all funds used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred. 2. The State shaH, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to perform the following services: a. accept, receive, and deposit with the State any and all project funds granted, allowed, and paid or made available by the Sponsor, the State of Texas, or any other entity; b. enter into contracts as necessary for execution ofscope of services; c. if State enters into a contract as Agent: exercise supervision and direction of the project work as the State reasonably finds appropriate. Where there is an irreconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor or any service provider, the State shall issue a written order which shall prevail and be controlling; d. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with the State approved contracts; e. obtain an audit as may be required by state regulations; the State Auditor may conduct an audit or investigation of any entity receiving funds from TxDOT directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction ofthe legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject ofan audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. f. reimburse sponsor for approved contract maintenance costs no more than once a month. PART V- Recitals I. This Grant is executed for the sole benefit ofthe contracting parties and is not intended or executed for the direct or incidental benefit ofany third party. Page 6 of 12 AVN4301.DOC (812007) 2. It is the intent of this grant to not supplant local funds normally utilized for airport maintenance, and that any state financial assistance offered under this grant be in addition to those local funds normally dedicated for airport maintenance. 3. This Grant is subject to the applicable provisions ofthe Transportation Code, Chapters 21 and 22, and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. Sections 241.00 I et seq. (Vernon and Vernon Supp.). Failure to comply with the terms ofthis Grant or with the rules and statutes shall be considered a breach ofthis contract and will allow the State to pursue the remedies for breach as stated below. a. Ofprimary importance to the State is compliance with the terms and conditions of this Grant. If, however, after all reasonable attempts to require compliance have failed, the State finds that the Sponsor is unwilling and/or unable to comply with any of the terms of this Grant, the State, may pursue any of the following remedies: (I) require a refund of any financial assistance money expended pursuant to this Grant, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any financial assistance money expended on the project pursuant to this Grant, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Grant null and void, or (5) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Grant, or for enforcement of any of the provisions of this Grant, is specifically set by Grant ofthe parties in Travis County, Texas. 4. The State reserves the right to amend or withdraw this Grant at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended by the State. 5. This Grant constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 6. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including Sections 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. Page 7 of 12 AVN4301.DOC (8/2007) Part VI - Acceptances Sponsor The City of Laredo, Texas, does ratify and adopt all statements, representations, warranties, covenants, agreements, and all terms and conditions ofthis Grant. Executed this day of , 2007 . City ofLaredo, Texas Sponsor Witness Signature Sponsor Signature City Secretary City Manager Witness Title Sponsor Title Certificate ofAttorney I, Valeria M. Acevedo , acting as attorney for City of Laredo Texas, do certify that I have fully examined the Grant and the proceedings taken by the Sponsor relating to the acceptance of the Grant, and find that the manner of acceptance and execution of the Grant by the Sponsor, is in accordance with the laws ofthe State ofTexas. teA Dated at -----LIO!L'-,-.'--=O,---=()--=O-:::..2-"";-'-""l,-".~~, Texas, this 3 day of d;z;--;t..e1 ,2007. Witness Signature Attorney's Signature City Secretary Witness Title Page 8 of 12 AVN4301.DOC (812007) Acceptance ofthe State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By: _ Date: _ Page 9 of 12 AVN4301.DOC (812007) Attachment A Scope of Services TxDOT CSJ No.:M822LREDO PAVEMENTS $0.00 $0.00 $0.00 GENERAL MAINTENANCE $0.00 $0.00 $0.00 PAVEMENT MARKINGS $50,000.00 $25,000.00 $25,000.00 GRADING/DRAINAGE $0.00 $0.00 $0.00 MISCELLANEOUS $50,000.00 $25,000.00 $25,000.00 Total $100,000.00 $50,000.00 $50,000.00 Accepted by: City ofLaredo. Texas Signature Title: City Manager Gustavo Guevara, Jr. City Secretary Date: _ Notes: (explanations ofany specifications or variances as needed for above scope items), _ PAVEMENT MARKINGS - Sponsor to purchase or contract for application of airport pavement marking paint and reflective beads. MISCELLANEOUS - Sponsor to purchase airfield and parking lot electrical materials, supplies, services, airfield signs, fixtures, panels, windsocks, herbicide. Other projects to be determined and added by amendment. Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. Page 10 of 12 AVN430 I.DOC (8/2007) CERTIFICATION OF AIRPORT FUND TxDOTCSJNo.: M822LREDO The City of Laredo does certify that an Airport Fund has been established for the Sponsor, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. The fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. The City ofLaredo. Texas (Sponsor) By:_-=--=-----=---=:=-::,-----_-::-- _ Carlos R. Villarreal Title: City Manager Gustavo Guevara, Jr. City Secretary Date: _ Page 11 of 12 AVN4301 DOC (8/2007) DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE TxDOT CSJ Number: M822LREDO The City ofLaredo designates, Jose L. Flores. Airport Director (Name, Title) as the Sponsor's authorized representative, who shall receive all correspondence and documents associated with this grant and who shall make or shall acquire approvals and disapprovals for this grant as required on behalf ofthe Sponsor. City ofLaredo, Texas (Sponsor) By:_~~~-;o--=",""",, __,----- _ Carlos R. Villarreal Title:__c_1_"t..::y'--M_a_u_a..=g'--e_r _ Gustavo Guevara, Jr. City Secretary Date:' _ DESIGNATED REPRESENTATIVE Mailing Address: Airport Director I s Office 5210 Bob Bullock Loop Laredo. Texas 78041 Overnight Mailing Address: 5210 Bob Bullock Loop Laredo. Texas 78041 Telephone/Fax Number: T 956-795-2000 F 956-795-2572 Email address(ifavailable):[email protected] Page 12 of 12 AVN4301.DOC (812007) COUNCIL COMMUNICATION DATE: SUBJECT: RESOLUTION NO. 2007-R-081 10/15107 AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A REIMBURSEMENT CONTRACT BETWEEN THE CITY OF LAREDO AND KILLAM DEVELOPMENT, LTD. THE PURPOSE OF THIS CONTRACT IS TO DISBURSE A PAYMENT IN THE AMOUNT OF $150,000.00 OF THE CITY'S CONTRIBUTION TO THE COSTS OF CONSTRUCTION BY KILLAM DEVELOPMENT, LTD., OF SHILOH DRIVE. FUNDING IS AVAILABLE IN THE 2007 CERTIFICATE OF OBLIGATION DISCRETIONARY FUNDS DISTRICT VI ACCOUNT 462- 9822-535-4999. INITIATED BY: STAFF SOURCE: Staff Keith Selman, Planning Director Jesus Olivares, Assistant City Manager PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City ofLaredo's Subdivision Ordinance (Appendix B ofthe Code ofOrdinances) Section 3-2: Streets and Alleys, subparagraph A allows the subdivider to request the participation ofthe City in the additional cost ofstreet construction over and above the costs which would be required for residential street construction ifthe right-of-way or pavement width or base required by the City Comprehensive Plan exceeds the minimum right -of-way or pavement width called for in Section 3-6 subparagraph H ofsaid Section 3-2. On September 6, 200, the Planning and Zoning Commission ofthe City ofLaredo voted 6 to 0 to approve the Shiloh Crossing Subdivision, Phase 3, which included the Reimbursement Contract. FINANCIAL: Funding for the City's reimbursement of$150,OOO.OO to Killam Development, Ltd. For the construction ofShiloh Drive as shown in Exhibit "A" is available in Account # 462-9822-535- 4999. District VI Discreationary Fund. STAFF RECOMMENDATION: Staffrecommends approval. RESOLUTION No. 2007-R-081 AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A REIMBURSEMENT CONTRACT BETWEEN THE CITY OF LAREDO AND KILLAM DEVELOPMENT, LTD. THE PURPOSE OF TIDS CONTRACTIS TO DISBURSE A PAYMENT IN THE AMOUNT OF $150,000.00 OF THE CITY'S CONTRIBUTION TO THE COSTS OF CONSTRUCTION BY KILLAM DEVELOPMENT, LTD., OF SIDLOH DRIVE. FUNDING IS AVAILABLE IN THE 2007 CERTIFICATE OF OBLIGATION DISCRETIONARY FUNDS DISTRICT VI ACCOUNT 462-9822-535-4999. WHEREAS, significant population growth within the City ofLaredo challenges both the City and subdivision developers to construct and expand the thoroughfare system within the City; and, WHEREAS, the construction and expansion ofthe thoroughfare system supports the City's economy, which in turn enhances the overall quality oflife for its citizens; and, WHEREAS, the City ofLaredo's Subdivision Ordinance (Appendix B ofthe Code of Ordinances) Section 3-2: Streets and Alleys, subparagraph A allows the subdivider to request the participation ofthe City in the additionai cost ofstreet construction over and above the costs which would be required for residential street construction ifthe right-of-way or pavement width or base required by the City Comprehensive Plan exceeds the minimum right-of-way or pavement width called for in Section 3-6 subparagraph H ofsaid Section 3-2; and, WHEREAS, it will be the responsibility ofKillam Development, Ltd. to perform all tasks associated with the construction ofthe 65-foot back-to-back section ofShiloh Drive as set forth in Exhibit "A"; and, WHEREAS, it is the City's responsibility to reimburse the amount of$150,000.00 to Killam Development, Ltd. for said construction; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO, TEXAS THAT: Section 1: The City Manager is authorized to execute a reimbursement contract with Killam Development, Ltd. and disburse a payment in the amount of$150,000.00 as the City's contribution to the costs ofconstruction ofShiloh Drive as set forth in Exhibit "A". PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS 15th DAY OF OCTOBER 2007. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY RAUL CASSO CITY ATTORNEY Exhibit"A" CONTRACT BE:TWEEN KILLAM DEVELOPMENT, LTD AND CITY OF LAREDO This contract between KILLAM DEVELOPMENT, LTD. ("Developer) and the CITY OF LAREDO, ("City") is authorized by Resolution No. 2QQLBd!.(l..L dated ....._.._.._ ... _.. In consideration ofthe mutual covenants, provisions and conditions set forth herein, the parties hereby agree as follows: I. Developer agrees to construct Shiloh Drive in its 65' BIB road section as depicted on Exhibit A. 2. City will make a cash payment in the amount of$150,000.00 to Developer toward the cost of the construction of Shiloh Drive. The City will reimburse thc Dcveloper when the mad section is complete upon 30 days wriUen notice from Developer that said road section is complete and said amount has become due. Developer herby covenants and agrees with. and reprcsents and warrants to City that: (a) Authority. Developer is a Texas limited partnership duly organized, validly existing, and in good standing under the laws ofTexas. (b) Litigation, There are, and at the Closing date shall be, no existing or pending litigation or claims with respect to the Propeliy and, to the knowledge of the Developer, there are, and at the Closing date. shall be, no such actions, suits, proceedings or claims threatened or asserted. (c) Condemnation, Developer has no knowledge ofany condemnation proceedings having been instituted or tlu'eatened against the land. (d) Yiolation o(!caws, Developer has not received notice that either any law, ordinance, Illle or regulation ofany govemment, or any agency, body or subdivision thereof, bcaring in the operation of the Propcliy have been violated or the present operation of the Property is in violation with any such law, ordinance, rule or regolation. (e) Zoning: Land Use: Hazardo!lli.M!lteri.al'L Developer has not received notice ofany condemnation, zoning or land-use proceeding allccting thc Propcrty or any inquiries or notices by any govemmcntal authority or third party with respect to the prescnce ofhazardous materials on the Prope'iy or t,he mitigation of hazardous materials from the Property. L.I!ME Time is ofthe essences ofthis Agreement. J. NOTICE Any notice required or permitted to be given hereunder hy one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if(i) delivered in person to the address set f(llih herein below f()!" the Palty to whom the notice is given, (ii) delivered in person at the Closing (ifsuch part is present at the Closing), (iii) placed in the United Slates mail for certified mail delivery, return receipt requested, addressed to such patty at the address herein aner specilled, or (iv) deposited into the custody of Federal Express Corporation to be sent by Federal Express Ovemight DelivelY, addressed to such party at the address herein aner speeitied. Any notice mailed as above shall be effective upon its deposit into the custody ofthe U.S. Postal Service or Federal Express Corporation, as applicable; all other notices shall be effective upon receipt. The address ofthe Developer for all purposes under this Agreement and t"r allnotiees hereunder sha II be: KILAM DEVELOPMENT, LTD. Attn: Roland Ortiz Real Estate Dept. P.O. Box 499 Laredo, Texas 78042 (956) 724-7141 With copy to: KILLAM DEVELOPMENT, LTD. Attn: Karen Kerr General Counsel P.O. Box 499 Laredo, Texas 78042 (956) 724-7141 The address ofthe City I,)!" all purposes Hnder this Agreement and for all notices hereunder shaII be: CITY OF LAREDO Attn: Carlos Villareal, City Manager 1110 Houston St. Laredo, Texas78040 (956) 791-7300 With copy to: Anthony C. JvlcGctlrick Assistant City Attorney I 110 Houston Sl. Laredo, Texas78040 (956) 791-7318 From time to time, either pmiy may dcsignate anothcr address for all purposes of this Agreement by giving the other pmiy not less than 30 days advance written notice ofsuch change ofaddress in accordance with the provision hereof This eonlract and Exhibit "A" contain the entire agreement ofthe Developer and City and no oral statements or prior written matler not specifIcally incorporated herein shall be of any force and efteet. No variation, modification or changes hereof shall be binding on either party hereto unless sel forth in a document exccuted by such parties or a duly authorized agent, omcer or rcpresentative thereof. The captions above the sections of this contract are J(,r reference only and shall not modify or atIect this contract in any manncr whatsoever. Wherever required by the contract, any gcnder shall include any other gender, the singular shall inclnde the plural and the plural shall include the singular. In case mly one or more provisions contained in this contract shall f,)I' any reason be hcld to be invalid, illegal or unenforceable in any respect, such invalidity, illegality on unenforceability shall not affect any other provision hereoC and tllis contraet shall be construed, as ifsuch invalid, illegal or unelll()J'ceabJe provisioll haclnever bcen contained herein. The EFFECTIVE DATE of this document is the later ofthe dates on which the parties have. signed this contmct. DEVELOPER: KILL.AM DEVELOPMENT, LTD. By: Killam Management, J...L.c. Genera I Partner :-c-=----~~ ---~- DATE David Killam Managing Partner ClTY: CITY OF LAREDO DATE Carlos Villareal City Manager Approved as to form: Karen Kerr Attomey for Killam Development, Ltd. Anthony MeGcttriek Assistant City Attorney Attorney ft)]' City of Laredo COUNCIL COMMUNICATION DATE: SUBJECT: RESOLUTION # 2007-R-083 10/15/07 Authorizing the City Manager to execute an Interlocal Agreement by and between the City of Laredo and Webb County for the establishment and operation of a 3-1-1 center. Funding is available in the 3-1-1 Program Division as follows: 1) FY 2007 total budget is $71,008.00 with a 50 % cost share from Webb County and 2) FY 2008 total budget is $321,937.00 with a 10% cost share from Webb County. INITIATED BY: STAFF SOURCE: Horatio A. De Leon, Jr., Assistant City Manager Jessica L. Hein, CASS Director PREVIOUS COUNCIL ACTION: None BACKGROUND: In July 2007, the Public Utility Commission of Texas approved the application for AT&T Texas to provide Non-Emergency 3-1-1 Service for Webb County, including the city of Laredo. The City and County wish to jointly participate in establishing and operating a 3-1-1 call center. This Interlocal establishes the roles and responsibilities of the City and County for the establishment and operation of a 3-1-1 center. FINANCIAL IMPACT: Funding is available in 3-1-1 Division accounts as follows: FY 2007 - $ 71,008 Per the Interlocal, the City and County shall share equally one-time costs incurred during the implementation phase of the 3-1-1 call center. The County shall make payment to the City for one half of the costs incurred during the implementation phase of the 3-1-1 call center. The one-time costs for the project total $71,008. FY 2008 - $ 321,937 Per the Interlocal, Webb County shall pay the City 10% of the annual operating budget of the 3-1-1 call center which is $321 ,937. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA Approval of resolution. RESOLUTION NO. 2007 -R- 083 AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF LAREDO AND WEBB COUNTY FOR THE ESTABLISHMENT AND OPERATION OF A 3-1-1 CENTER. FUNDING IS AVAILABLE IN THE 3-1-1 PROGRAM DIVISION AS FOLLOWS: 1) FY 2007 TOTAL BUDGET IS $71,008.00 WITH A 50 % COST SHARE FROM WEBB COUNTY AND 2) FY 2008 TOTAL BUDGET IS $321,937.00 WITH A 10% COST SHARE FROM WEBB COUNTY. WHEREAS, the Public Utility Commission of Texas approved the application for AT&T Texas to provide Non-Emergency 3-1-1 Service for Webb County, including the city of Laredo; and WHEREAS, the City of Laredo and Webb County wish to jointly participate in establishing and operating a 3-1-1 call center; and WHEREAS, an Interlocal Agreement would establish the roles and responsibilities of the City and County for the establishment and operation of a 3-1-1 center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The City Manager is authorized to execute the Interlocal Agreement by and between the City of Laredo and Webb County for the establishment and operation of a 3-1-1 center. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ______DAY OF ,2007. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR., V. MELISSA SALDANA CITY SECRETARY ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: Resolution #2007-R-084 Authorizing the City Manager to enter into an agreement with the Drug 10/15/07 Enforcement Administration in the amount of $15,573.00. The agreement's purpose is to reimburse costs for overtime incurred by the Laredo Police Department in providing resources for OCDETF (Organized Drug Enforcement Task Forces). The term of this agreement is from October 1, 2007 through September 30, 2008 and will be accounted for in the Special Police Fund. INITIATED BY: STAFF SOURCE: Cynthia Collazo Agustin Dovalina,111 Deputy City Manager Chief of Police PREVIOUS COUNCIL ACTION: None. ACTION PROPOSED: That this Resolution be passed and approved. BACKGROUND: The Organized Crime Drug Enforcement Task Force (OCDETF) is a federal drug enforcement program that focuses attention and resources on the disruption and dismantling of major drug trafficking organizations. OCDETF provides a framework for federal, state, and local iaw enforcement agencies to work together to target well-established and complex organizations that direct, finance. or engage in illegal narcotics trafficking and related crimes. (Related crimes include money laundering and tax violations, public corruption. illegal immigration, weapons violations, and violent crimes.) The program hasbeen in existence since 1982 and operates under the guidance and oversight of the Attorney General. Utilizing its resources and expertise of its 11 member federal agencies, along with support from its state and local law enforcement partners, OCDETF has contributed to the successful prosecution and conviction of more than 44,000 members of criminal organizations and resulted in the seizure of cash and property assets totaling more than $3.0 billion. FINANCIAL: Revenues and Expenses budgeted in Fund #229 RECOMMENDATION: STAFF: Recommends that Council approve this Resolution. RESOLUTION #2007-R-084 Authorizing the City Manager to enter into an agreement with the Drug Enforcement Administration in the amount of $15,573.00. The agreement's purpose is to reimburse costs for overtime incurred by the Laredo Police Department in providing resources for OCDETF (Organized Drug Enforcement Task Forces). The term of this agreement is from October 1, 2007 through September 30, 2008 and will be accounted for in the Special Police Fund. Whereas, an agreement with the Federal Bureau of Investigation will reimburse the City of Laredo in the amount of $15,573.00 for overtime work by its police officers in joint operational task forces; and Whereas, the Chief of Police recommends that the City Council authorize the approval of this overtime agreement; and Whereas, the City Council finds that such a budget amendment should be made and will be beneficial to the City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: the City Manager is hereby authorized to enter into an overtime agreement with the Drug Enforcement Administration (DEA). Section 2: The term of this agreement is from October 1, 2007 through September 30, 2008. COUNCIL COMMUNICATION !DATE: SUBJECT: MOTION Approving Cooperative Agreement No. HSTS0208HSLRI97 with the Department OJ 10-15-07 Homeland Security-Transportation Security Administration (TSA) to reimburse the Airport Fund for law enforcement services associated with the passenger screenin~ checkpoint, and authorizing the City Manager to execute said agreement. The tota estimated reimbursement of this five (5) year agreement is $487,275.00. The effectiv€ date of this Agreement is October I, 2007 and shall continue in effect until Septembe 30,2012 or until earlier terminated by the parties. ~TIATEDBY: Jesus M. Olivares STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Director rREVIOUS ACTION: On June 21, 2003, City Council approved a reimbursement agreement with the Irransportation Security Administration which agreement ending on September 30, 2007. ~ACKGROUND: lIne Govermnent agrees to reimburse the cost ofthe airport law enforcement officers assigned to the passenger screening checkpoint. The City ofLaredo is responsible for providing law enforcement officers who meet the requirements ofthis Agreement FINANCIAL: Airport Policing Grant Account No. 242-0000-323-2024 Reimbursement schedule: FY 08 $ 97,455.00 FY 09 $ 97,455.00 FY 10 $ 97,455.00 FY II $ 97,455.00 FY 12 $ 97,455.00 Total $487,275.00 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That the City An the Airport Advisory Committee Meeting has Manager be authorized to execute Cooperative been scheduled for October9,2007. Agreement No. HSTS0208HSLRI97 with the Department ofHomeland Security-Transportation Security Administration. .' Transportation ASSISTANCE AWARD " < Security _ Administration 1 I AWARD TYPE 2 LAWARD NUMBER 3 I REQUISITION NUMBER .. Grant " Cooperative Agreement HSTS0208HSLR197 2107208SLR197 4 IRECIPIENT . 5 ISSUED BY Name & Address: LRD Name & Address: City of Laredo - Laredo International Airport Transportation Security Administration LRD Transportation Credentialing & Sector Network Management 5210 Bob Bullock Loop 10W-412N, TSA-25 Laredo, TX 78041 601 S. 121h Street Arlington VA 22202 956-795-2000 Patricia L. Masterson, 571-227-1587, FAX 571-227-1392 . email: oatricia.mastersonfaldhs.nov 61 APPLICATION TITLE & DATE Law Enforcement Officer Reimbursement Agreement Program Dated: 6/13/2007 7 IAWARD PERIOD 8 FISCAL DATA Total Project Period 10/1/2007 through 9/30/2012 Federal Share: $487,275.00 Non-Federal Share: $0.00 Effective Date: Date of Signature by TSA Grants Total Project Cost: Officer Appropriation No. 5AV078AOOOD2007ADE011 GE000031 0061 00616SL R-590521 05003000004101 F=$O.OO ObliQated: $0.00 9 IRECIPIENT PROJECT COORDINATOR 10 TSA GRANTS OFFICER TECHNICAL REPRESENTATIVE IGOTR) . Jose Luis Flores Aimee Jackson, Program Manager 5210 Bob Bullock Loop Transportation Security Administration Laredo, TX 78041 601 S. 12th Street, TSA-18 956-795-2000 FAX 956-795-2572 East Tower (E8-206S) [email protected] Arlington, VA 22202 Telephone: 571.227.1532 e-Mail: [email protected] 11 IADMINISTRATIVE DATA .. 12 IFAADS DATA CFDA Number: 97.090 City Code: 41464 Program: Chief Operating Officer State Code: 48 Legislative Authority: 49 U.S.C. §§ 106(m) and County Code: 476 114(m) Congressional District: 28 EIN: 746001573 DUNS: 024392784 131AUTHORIZED SIGNATURES ... Recipient's Signature Date Grants Officer's Signature Date Carlos R. Villarreal. City Manager Patricia L. Masterson, Contracting Officer (Grants) TYPED NAME AND TITLE TYPED NAME AND TITLE DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration COOPERATIVE AGREEMENT TERMS AND CONDITIONS COOPERATOR: City of Laredo - Laredo International Airport LRD AGREEMENT NO: HSTS0208HSLR197 ARTICLE 1- AUTHORIZING LEGISLATION (a) The Homeland Security Act of 2002, H.R. 5005-8, P.L. 107-296 (b) 49 U.S.C. §§ 106(m) and 114(m) ARTICLE II - PROGRAM DESCRIPTION The Recipient and the Transportation Security Administration as part of this cooperative effort through the FSD and the Law Enforcement Officer Reimbursement Agreement Program will deploy and train sufficient law enforcement officers to meet their dual responsibility of ensuring the safety of passengers and to counter risks to transportation security. Pursuant to 49 U.S.C. § 44903(c) and 49 C.F.R. Part 1542, each Airport Operator is required to establish an airport security program that provides a law enforcement presence and capability at the airport that adequately ensures the safety of passengers and national security. The work described in the Statement of Joint Objectives (SOJO) is made part of this Cooperative Agreement as Attachment 1. ARTICLE III - BUDGET AND PROJECT PERIOD A. Project Period·: 1. The Project Period shall be five years from 10/1/2007, the start date of this Cooperative Agreement, through 9/30/2012 contingent on acceptable performance by the Recipient of the program approved under this award and any TSA modifications and the availability of appropriated funds. 2. The Recipient shall not request reimbursement or incur costs or obligate funds for any purpose pertaining to the operation of the project, program, or activities prior to or beyond the expiration date of the performance period. ARTICLE IV - AMOUNT OF AWARD A. The total estimated cost of the TSA share for the performance of this award is $487',~7:e;,:OQ: Costs reimbursed hereunder shall in no event exceed the amount obligated by modification without prior written approval of the Contracting Officer. S. Funds for future Fiscal Years are contingent upon availability offunds. Recipient may receive a decrease in funding based on funding availability, number of Recipients, and/or project under runs. Should funds become available; a modification to the Cooperative Agreement will be issued to obligate the additional funds. C. This Cooperative Agreement is for the administration and completion of an approved Homeland SecuritylTransportation Security Administration program or project within the Performance Period. Cooperative Agreement funds shall not be used for other purposes. D. The reimbursable costs for this award include but are not limited to: a. Fully burdened salary rate of a Police Patrol Officer as described in Attachment 1. b. TSA furnished training and/or security briefings. E. No transfer of funds to agencies other than those identified in the approved grant application shall be made without prior approval of the TSA Contracting Officer. F. The Participant shall follow the appropriate OMS Circulars for administrative and cost principles guidance and OMS Circular A-133 Audit of States, Local Governments and Non Profit Organizations in the implementation of this award. ARTICLE V- COST-SHARE/MATCH This program has no statutory formula and no matching requirements. ARTICLE VI - MAINTENANCE OF EFFORT/SUPPLANTING OF FUND Funds approved under this Cooperative Agreement shall be used to supplement and shall not be used to supplant State or local funds dedicated to this effort. The Participant may be requested to support maintenance of effort through documentation supporting previous years budgets dedicated to this effort. ARTICLE VII- TRANSPORTATION SECURITY ADMINISTRATION OFFICIALS A. TSA officials for the Cooperative Agreement are as follows: 1. The Program Officer (PO) shall be the Office of Law EnforcementiFAMS staff member 3 responsible for monitoring the completion of work and technical performance of the projects or activities described in the application under the Statement of Joint Objectives (SOJO). The Program Officer is Aimee Jackson. The contact information for the PO and his alternate is listed below: Aimee Jackson Program Manager Transportation Security Administration 601 S. 12th Street, TSA-18 East Tower (E8-206S) Arlington, VA 22202 Telephone: 571.227.1532 e-Mail: [email protected] LEO Program Technical Representative Wendy Palacio 601 S. 12'h Street TSA-18 East Tower (E8-207S) Arlington, VA 22202 Telephone: 571.227.2451 e-Mail: [email protected] Grants Officer Technical Representativel Budget and Finance Aimee Jackson Transportation Security Administration OLE/FAMS/LEO Program, TSA-18 601 S. 12th Avenue, E8-206S Arlington VA 22202 Telephone: 571.227.1532 e-Mail: [email protected] 2. The Grants Officer is the only TSA official that has the full authority to negotiate, administer and execute all terms and conditions of the Cooperative Agreement in concurrence with the Program Officer. The Contracting Officer is Patricia L. Masterson Contracting Officer (Grants) Transportation Security Administration Transportation Credentialing &Sector Network Management 10W-412N, TSA-25 601 S. 121h Street Arlington VA 22202 Telephone: 517-227-1587, FAX 571-227-1392 e-Mail: [email protected] ARTICLE VIII- TRANSPORTATION SECURITY ADMINISTRATION INVOLVMENT: 4 Complete participation in this program is described in Attachment 1. ARTICLE IX - Terms and Conditions: FOIA: All requests for information, to include those under the Freedom of Information Act or Privacy Acts, will be forwarded to the TSA Program Officer. The TSA Program Officer will coordinate a response with the TSA FOIA Office. Organization Staffing: The project shall be staffed and organized by the Participant to satisfy its assigned mission and to perform its required functions. Insurance: The Participant shall at all times during the duration of this Agreement maintain insurance or be self insured relating to the project and Participant employees covering property, fire, casualty, liability, life, worker's compensation, and all other forms of insurance customarily obtained by entities in the same industry. The Participant will not insure TSA agents, contractors, or anyone else against any of these risks. Public Affairs: All public affairs activities related to project(s) sponsored under this award, and its activities must be approved by TSA. This does not preclude the Cooperator's personnel from participating in public affairs activities not related to project(s) sponsored under this award solely as agents of the Cooperator. Copyright: The Participant is free to copyright any original work developed in the course of or under the agreement. The TSA reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for Government purposes. Any publication resulting from work performed under this agreement shall include an acknowledgement of TSA financial support and a statement that the publication does not necessarily reflect TSA's views. Contract Provisions: All contracts executed under this Cooperative Agreement will contain the contract provisions listed under the OMS Circular A-102, Common Rule, section 36 (i) Contract provisions or OMS Circular A-110, section 48 Contract Provisions. Environmental Reguirements: Cooperators are encouraged to integrate National Environmental Policy Act (NEPA) compliance and related legislation with the initial planning and selection process for this program. Cooperators are encouraged to coordinate with the TSA Environmental Officers in complying with NEPA and Historic Preservation Act requirements. Local Permits: Prior to the start of any construction activity, the Participant shall ensure that all applicable Federal, State, and local permits and clearances are obtained. Publications: In compliance with the Section 623 of the Treasury, Postal Service, and General Government Appropriations Act, 1993, and reenacted in Section 621 of the fiscal year 1994 Appropriations Act requires that all recipients disclose the amount and percentage of Federal funding and funding from non-governmental sources when making public announcements about Federally-funded projects in the amount of $500,000 or more. Termination: Either the Participant or TSA may terminate the Cooperative Agreement by giving written notice to the other party at least thirty (30) calendars days prior to the effective date of the 5 termination. All notices are to be transmitted via registered or certified mail, return receipt requested. The Cooperator's authority to incur new costs will be terminated upon arrival of the date of receipt of the letter or the date set forth in the notice. Any costs incurred up to the earlier of the date of the receipt of the notice or the date of termination set forth in the notice will be negotiated for final payment. Closeout of the Cooperative Agreement will be commenced and processed as under OMB Circular A-102, Common Rule .50 Closeouts. Buy America: The Grantee, Subgrantees and contractors receiving funds from this grant shall comply with the Buy American Act (41 U.S.C. 1Oa et seq.) unless it is determined that it is inconsistent with the public interest, impracticable to comply with such a requirement or that it would unreasonable increase the cost of articles, materials, or supplies. The exception shall be noted in the specifications and documentation to justify the exception will be retained in the grant file for record. ARTICLE X- REQUEST FOR REIMBURSEMENT A. Payment under this award will be authorized by the reimbursement payment method (using the SF 270, "Request for Advance or Reimbursement") in compliance with information provided in the SF 424A, "Budget Information" with supporting invoice document. B. The TSA will reimburse theRecipient monthlyfor arn?Unts expended for the activities described in the SOJO. The> Recipient is required to provide mandated Law Eriforcement Services regardless of funding level or period funding is received. C. Requests for reimbursement SF270's must be submitted to the FSD or FSD Designee for certification within 30 days of the end of the monthly period of performance (ex. SF 270's for January's period of performance must be submitted no later than February 2S1h).shall be submitted monthly through the local FSD office at the address listed in Attachment 1. Detailed documentation must be available for each item for which reimbursement is requested; for example, checkpoint logs, timesheets, and/or appropriate validation from payroll for each individual Law Enforcement Officers' fully burden salary rate as described in Attachment 1. D. Include banking information and DUNS number on all SF270's submitted. E. Participant must be registered in the Centralized Contractor Registration (CCR) at CCR.gov. Banking information and DUNS number reflected on SF270 must match information contained in the Recipient's CCR account. Inaccurate information may result in payment delays. F. In the event of non-compliance with all or portion of the terms and requirements of this Cooperative Agreement, or if a disagreement arises on the interpretation of the provisions of this Cooperative Agreement, or modifications and/or revisions thereto, the Program Manager and Grants Officer in consultation with the FSD will attempt to resolve the matter. If the matter cannot be resolved, the Contracting Officer will determine with the FSD and Program Manager the materiality of the breach and/or resolution of the interpretation of the Cooperative Agreement and the appropriate action(s) that may be taken. The Contracting 6 Officer's determination and proposed action will be in writing and shall be presented by the FSD and/or the Contracting Officer. The Recipient may use the Alternative Dispute Resolution (ADR) process to appeal. ARTICLE XI- FINANCIAL REPORTS A. FINANCIAL STATUS REPORT: The Recipient shall submit financial reports (SF 269, Financial Status Report) to the appropriated Awarding Office within 30 days after end of each budget period. B. Final Financial Status Reports are due 90 days after the close qtl'i'llchr'Re<:ipj~r1tfl~cal year. C. Submit Financial reports to: Grants Officer, Block 5, face page of this agreement. ARTICLE XII - PERFORMANCE REPORTS A. The Program Officer shall review the monthly Certification sheets submitted by the Federal Security Director. B. The annuai performance review shall consist of a comparison of the following: • LEO evaluation/certification results • ASI Compliance Reports • Consolidated invoiced and actual cost reports ARTICLE XIII- COOPERATIVE AGREEMENT MODIFICATIONS A. Changes and/or modifications to this Agreement although done unilaterally shall be in writing and signed by the TSA Grants Officer. The modification shall cite the Cooperative Agreement number and shall set forth the exact nature of the change and/or modification. No oral statement by any person shall be interpreted as modifying or otherwise affecting the terms of this Agreement. B. All requests for interpretations of this Agreement or modifications to it shall be submitted in writing to the TSA Grants Officer. C. EXTENSION REQUEST: 1. Extensions to the performance period can only be authorized in writing by the TSA Grants Officer with the concurrence of the TSA Program Officer. 2. Requests for time extensions to the Performance Period will be considered but will not be granted automatically and must be supported by adequate justification to be processed. The justification is a written explanation of the reason or reasons for the delay; an outline of remaining funds available to support the extended Performance Period; and a 7 description of performance measures necessary to fulfill regulatory requirement. Without financial status reports current and justification submitted, extension requests shall not be processed. 3. TSA has no obligation to provide additional funding as a result of an extension. All modifications to the award to increase funding or to extend the Performance Period are at the sale discretion of the TSA staff involved in this Cooperative Agreement. ARTICLE XIV - AUDIT REQUIREMENTS Cooperators must follow the audit requirements under OMS Circular No. A-133, Audits for States, Local Governments and Non-Profit Organizations. Non-Federal entities that expend $500,000 or more of Federal funds in their fiscal year shall have a single or program-specific audit conducted for that year in accordance with the provisions of A-133. ARTICLE XV - GENERAL PROVISIONS The following are hereby incorporated into this agreement by reference as applicable: 31 CFR 205 Rules and Procedures for Funds Transfers OMS Circular A-102 Uniform Administrative Requirements for grants and Cooperative Agreements with State and Local Governments OMS Circular A-87 Cost Principles for State and Local Governments OMS Circular A-110 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMS Circular A-21 Cost Principles for Educational Institutions OMS Circular A-122 Cost Principles for Nonprofit Organizations For-profit organizations are subject to the provisions of 48 CFR Part 31, "Contract Cost Practices and Procedures." Application Cooperative Agreement Application and Assurances contained therein received by TSA on 6/13/2007 and/or as amended on ' End of Cooperative Agreement HSTS0208HSLR197 8 TRANSPORTATION SECURITY ADMINISTRATION AIRPORT LAW ENFORCEMENT PERSONNEL PROGRAM STATEMENT OF JOINT OBJECTIVES Program Narrative Statement This document defines the responsibilities and conditions that the Laredo International Airport (LRD) (hereinafter referred to as the "Participant") agrees to as part of Transportation Security Administration (TSA) Airport Law Enforcement Personnel Program, hereafter referred to as the "Program." This document also defines responsibilities and participation of the TSA. The authority to enter into this agreement is granted by 49 U.S.C. §§ 106(m) and 114(m). TSA has programmatic authority for the activities undertaken in this Cooperative Agreement pursuant to 49 U.S.C. §§ 114(g), 44901(g), 44903(e) and 44922(1). The effective date of the Cooperative Agreement will be the date of the signature by the TSA Grant Officer, with a pre agreement date based upon the date of the last signature on this Statement of Joint Objectives. TheParticipantawees toprovid~ qualified law enforcement services on-site at the LaredolnternationalAirport''\LRDl during airport operating hours and to provide law enforcement response to the security passenger-screening checkpoints in keeping with requirements provided by TSA in accordance with the current Security Directive 1542-01-07 (series), or other regulations and documents regarding law enforcement services. The TSA will provide partial reimbursement support for on-siteresponse to airport,security p~~senger-screeni~gcheckpointssupplied by thetaredo International Airport PoIJdi:iDeba'itmenf pursuant to the terms of this Cooperative Agreement. Payment is subject to the availability of appropriated funds and compliance with the requirements of the applicable Security Directive(s), the Airport Security Plan, and other regUlations regarding law enforcement services as noted in the paragraph above. Should the Participant fail to comply with the provisions outlined in this agreement, the Participant may face full or partial forfeiture of payment or sanctions up to removal from the Program. TRANSPORTATION SECURITY ADMINISTRAnON RESPONSIBILITIES 1. The TSA will provide partial reimbursement to Participants. TSA will provide funds as available to offset the cost to carry out Aviation LE responsibilities. o Actual/direct costs for fully burdened salary rate of a Police Patrol Officer Fully Burdened rate includes: - base salary for each locality - social security FOR OFFICIAL USE ONLY - 401 (k)/403(b)/457 plans Disability Insurance Health care benefits Pension Life Insurance o No Overhead/Administrative Costs 2. The TSA Federal Security Director (FSD), in consultation with the airport operator and local law enforcement, may determine that flex stationing is appropriate in certain circumstances, and that an armed LAW ENFORCEMENT OFFICER (LEO) or state certified armed security guard, if applicable, may therefore not have to be posted at the airport screening location. 3. The TSA will process Participant monthly invoices promptly after obtaining FSD signature, certifying that work was performed in accordance with the Agreement. 4. The TSA will notify the Participant, immediateiy in writing, of any changes in the points of contact for invoicing or clarification of the intent of the Cooperative ~~me~. . 5. The TSA will provide on an as needed basis, as determined by the FSD or other TSA representative, training/briefings on relevant security topics, including, but not limited to: o Improvised Explosive Device recognition. o Flying Armed Law Enforcement Officer regulation. o Armed Law Enforcement Officer Federal Criminal statutes pertinent to Aviation Security. o Armed Law Enforcement Officer No-Fly/selectee procedures/processes. o Man Portable Air Defense System. o Screening Passengers by ObselVation Technique PARTICIPANT RESPONSIBILITIES: 1. The Participant agrees to maintain a sufficient number of law enforcement personnel to satisfy the responsibilities as outlined in Paragraphs 2, 3 and 4 below. Funding is intended to support LAW ENFORCEMENT OFFICER (LEO) presence for flexible stationing or dedicated checkpoint support as needed based on surges, security alerts, and other conditions. FOR OFFICIAL USE ONLY 2. The participant agrees to provide a certified law enforcement officer and services at the checkpoint in support of TSA screening during TSA hours of checkpoint operations. 3. The participant will conduct a security sweep of the sterile area prior to the opening of the TSA security checkpoint each day. 4. The Participant will provide monthly invoices in addition to the SF270 to the FSD and to the Contract Officer's Representative in the format provided by TSA detailing the number of hours of LE services provided, the actual hourly rate, and the total amount requested for reimbursement. Monthly invoicing consists of services provided from the 1sl day of the month to the last day of the month not to exceed 30 days past the invoiced period of performance. 5. The Participant will notify the TSA, immediately in writing, of any changes to the points of contact for this Agreement or in the law enforcement agency providing the services to TSA. 6. The Participant will notify the TSA, immediately in writing, if for any reason the Participant desires to terminate participation in the Program. Resolution of specific details on outstanding issues will be accomplished on a case-by-case basis. 7. The Participants or the Law Enforcement providers will not publicly disclose Sensitive Security Information (SSI) in any context, including litigation or pursuant to a state open records act request without the advance approval of TSA as provided in 49 CFR part 1520. A copy of any summons, complaint, subpoena, or other legal document served upon a State or local Law Enforcement Officer that is related to a legal proceeding that seeks records or testimony containing SSI shall be promptly forwarded to the FSD or the Federal Security Director's designee for forwarding to Transportation Security Administration's Field Counsel. 8. The Participant will coordinate all media releases and other contact with or by media on the terms and conditions of this CA shall be coordinated with the Federal Security Director. 9. As requested by the FSD or other TSA representative, the Participant will participate in security breach drill/exercises. 10. As requested by the FSD or other TSA representative, the Participant will participate in MAN PORTABLE AIR DEFENSE SYSTEM (MANPADS) assessments and exercises. FOR OFFICIAL USE ONLY 11. As requested by the FSD or other TSA representative, the Participant will participate in new and emerging aviation security programs. (Ex. Aviation Direct Access Security Program (ADASP). 12. As requested by the FSD or other TSA representative, the Participant will provide verification of Law Enforcement Officer credentials as required by Transportation Security Administration. 13. The Participant will consult with Federal authorities and the Federal Security Director or his representative to determine if a case involving an incident at the airport will be handled in Federal jurisdiction. 14. The Participant will provide support for VIP/executive protection operations. 15. The Participant will promptly furnish on request incident reports and other information dealing with Aviation Security and other criminal activities at the airport. 16. The Participant will fully cooperate with regulatory investigations. ATTACHMENTS: The TSA may provide administrative and informational updates to the attachments (i.e., updates to the HQ Program Staff listing) without re-issuance of this agreement. Any new attachment(s) or significant changes to the current attachments will be accomplished through written modifications as provided in the Terms and Conditions of this agreement. PROTECTION OF INFORMATION The parties agree that they shall take appropriate measures to protect proprietary, privileged, or otherwise confidential information that may come into their possession as a result of this Cooperative Agreement, inclUding Security Sensitive Information (SSI) as explained in #7 above. FOR OFFICIAL USE ONLY COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 10/15/07 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, 2007 through September 30,2008. Funding is available in the General and Information Technology Funds. • McWilliams & Associates (Andrea McWilliams), Austin, Texas, in the amount of $48,000.00; • Miller & Van Eaton, P.L.L.C. (Gerry Lederer), Washington, D.C., in the amount of $72,000.00, plus $10,000.00 out of pocket expenses; • Government Relations, Inc. (Allynn Howe), Oakton, Virginia, in the amount of $60,000, plus $5,000 out of pocket expenses; INITIATED BY: STAFF SOURCE: Carlos Villarreal, City Manager Jessica Hein, Director of Communications and Horacio De Leon, Assistant City Manager Administrative Services PREVIOUS COUNCIL ACTION: On August 14, 2007, City Council approved contracts with Miller Van Eaton, P.L.L.C., in the amount of $90,000 plus out of pocket expenses not to exceed $11,550; Government Relations Consultants, in the amount of $90,000 plus out of pocket expenses not to exceed $5,000; Baker Botts, LLP, in the amount of $74,000, plus out of pocket expenses not to exceed $5,000; McWilliams & Associates, in the amount of $60,000; and Infrastructure Solutions, Inc., in the amount of $120,000, plus travel expenses that must be pre-approved. BACKGROUND: These legislative consultants will provide state or federal intergovernmental, informational, and advocacy services for the City of Laredo. FINANCIAL IMPACT: 101·2805·513·5526· $132,500.00 595-5510-513-5526 - $ 32,500.00 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Approval ofthis Motion. COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 10/15/07 Consideration to authorize the purchase of computers, computer software, and other services offered through the State of Texas, Department of Information Resources (DIR) cooperative purchase contracts. The City is a member ofthe Texas Procurement and Support Services (TPSS) Cooperative Purchasing Program which allows eligible municipalities to take advantage of approved State contracts. Funding for cooperative purchase contracts and services are available in the respective departmental budgets. INITIATED BY: STAFF SOURCE: Cynthia Collazo, Beto Ramirez, Information Technology & Support Services Deputy City Manager Department Director Rosario C. Cabello, Financial Services Department Director Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: Authorized the purchase of computers and computer equipment, and other services through the State of Texas - Department of Information Resources (DIR) cooperative purchase contract. . BACKGROUND: The State of Texas - Department of Information Resources (DIR) cooperative purchasing program allows municipalities to take advantage of the contract pricing for personal computer hardware and software. Contract pricing is available from major manufacturers ofpersonal computers such as Dell, Compaq, Gateway, Micron and IBM. The City shall purchase computers based on budget availability. Department that have been budgeted for replacement computer equipment this fiscal year are listed on the attached sheet.. FINANCIAL IMPACT: Funds for the purchase ofpersonal computers are available in the respective departmental budgets. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this action be authorized. Deoartment Account Number Bud.et Deoartment Account Number Bud.et Mavor & Citv Council 101·1100·512·0700 $ 5,600.00 Transit - 518·5450·582·0700 $ 500.00 City Manager 101·1200·512·0700 $ 5,600.00 Transit 558·5811·582·0700 $ 1,000.00 City Mana.er - Internal Audit 101·1210·512·0700 $ 340.00 Transit - 558·5813·582·0700 $ 1,500.00 Citv Mana.er - PIO 101·1230·512·0700 $ 650.00 Transit 558·5814·582·0700 $ 300.00 Budget 101·1300·512·0700 $ 4,500.00 CD 211·9310·512·0700 $ 2,300.00 Municipal Court 101·1400·512·0700 $50,000.00 CD 211·9320·512·0700 $ 1,700.00 Buildin. 10 1·1510·512·0700 $ 8,700.00 CD 211·9330·512·0700 $ 1,000.00 Citv Attornev 101·1610·512·0700 $ 2,112.00 Health 226·2926·542·0700 $ 1,711.00 City Secretary 101·1700·512·0700 $ 2,000.00 Health - 226·6047·542·0700 $ 2,000.00 Tax Denartment 101·1810·512·0700 $13,736.00 Health 226·6052·542·0700 $ 669.00 Finance 101·1910·512·0700 $15,000.00 Airport Administration 242·3605·582·0700 $ 5,427.00 Finance-AP 101·1960·512·0700 $ 2,600.00 Airport -Tower 242·3635·582·0700 $ 1,427.00 Human Resources - Training 101·2025·512·0700 $19,966.00 Civic Center 243·3135·552·0700 $ 6,000.00 Planninl! 101·2110·512·0700 $ 1,000.00 Public Access Channel 246·5540·552·0700 $ 4,000.00 Planning - Section 112 101·2112·512·0700 $ 1,000.00 Environ Services 249·3810·542·0700 $ 1,000.00 Engineering Design 101·2220·512·0700 $ 4,260.00 Environ. Services 249·3840·542·0700 $ 5,000.00 Engineering Construction 101·2230·512·0700 $ 7,500.00 Environ. Services 250·5310·552·0700 $ 11,350.00 Police 101·2366·522·0700 $10,000.00 Parking Meter Division 251·2620·522·0700 $ 3,000.00 Fire - Administration 101·2410·522·0700 $20,000.00 Parking Meter -Traffic 251·2625·5220700 $ 500.00 Fire-EMS 101·2415·522·0700 $ 4,544.00 Environ. Services 253·3860·542·0700 $ 1,000.00 Fire - Arson 101·2425·522·0700 $ 1,000.00 911 - State Emergencv 258·2860·522·0700 $ 1,500.00 Fire - Training 101·2440·522·0700 $ 6,500.00 Keen Laredo Beautiful 259·3845·542·0700 $ 500.00 Traffic 101·2610·522·0700 $14,000.00 Solid Waste- 556·2515·532·0700 $ 2,000.00 Administration Traffic - Engineering 101·2611·522·0700 $ 5,000.00 Solid Waste - Sanitation 556·2550·532·0700 $ 6,500.00 Traffic - Pcrmits 101·2613·522·0700 $ 2,500.00 Solid Waste 556·2560·532·0700 $ 8,000.00 Public Works 101·2710·532·0700 $ 10,000.00 Utilities - Administration 557·4110·532·0700 $ 8,000.00 Public Works - Street Maint. 101·2720·532·0700 $ 5,000.00 Utilities - Engineering 557·4112·532·0700 $ 5,600.00 Communication & Admin. 101·2805·512·0700 $ 2,400.00 Utilities - Billing 557·4115·532·0700 $ 14,787.00 Support Services , Communication & Admin. 101·2815·512·0700 $ 35,000.00 Utilities - Asset Mgn. 557·4116·532·0700 $ 1,800.00 Support Services 3·1·1 Parks- Administration 101·3110·552·0700 $ 2,500.00 Utilities - Treatment 557·4120·532·0700 $ 3,000.00 Parks- Park Maintenance. 101·3115·552·0700 $ 3,173.00 Utilities - Distribution 557·4130·532·0700 $ 4,000.00 Parks - Recreation Centers 101·3125·552·0700 $ 6,000.00 Utilities - Water Pollution 557·4135·532·0700 $ 3,000.00 Library - Main 101·3510·552-0700 $ 5,000.00 Utilities - Waste Water 559·4210·532·0700 $ 5,000.00 Trcatment Library - Santo Nino 101·3515·522·0700 $ 6,000.00 Utilities - Wastewater 559·4220·532·0700 $ 605.00 Collection CD - Centcr for Non Profit 101·8040-512·0700 $ 1,000.00 Brid.e 553-4010·532·0700 $ 2,000.00 Friends ofthe Library 661·3552·552·0700 $ 2,600.00 Bride 11 553·4012·532·0700 $ 1,500.00 Health & Benefits 660·2035·512·0700 $ 2,200.00 Bridge Colombia 553·4015·532·0700 $ 750.00 Risk 594·5550·512·0700 $ 3,500.00 World Trade Bridge 553·4061·582·0700 $ 12,000.00 Risk - Training 594·5555·512·0700 $ 3,044.00 ITSS - Telecom 595·5510·512·0700 $ 3,500.00 Risk 594·5560·512·0700 $ 1,750.00 ITSS - Radio Comm. 595·5515·512·0700 $ 10,000.00 Fleet 593·2810·512·0700 $ 9,000.00 1TSS - Mainframe 595·5520·512·0700 $ 3,399.00 Health & Benefits 660·2035·512·0700 $ 2,200.00 1TSS - Network 595·5525·512·0700 $ 40,460.00 $308,475.00 $$189,285.00 COUNCIL COMMUNICATION DATE: StJBJECT: MOTION 10/15107 Authorizing the City Manager to consider awarding a one (1) year professional service contract (FY07-114) with an option to renew for one (1) year to perform drug and alcohol testing pursuant to the City ofLaredo Drug and Alcohol Policy and Procedure to two (2) contractors: AG. Pellegrin, M.D. and Dr. Carlos N. Hornedo, DO. Funding is available in the health benefits budget of the Employee Health and Wellness Division. The cost of this contract is not to exceed $25,000.00 on a yearly basis for each selected provider for a total budgeted expense not to exceed $50,000.00. INITIATED BY: STAFF SOURCE: Carlos R. Villareal, City Manager Heberto Ramirez, ITSS Director Judith Garza, RN, BSN, Employee Health Nurse PREVIOUS COUNCIL ACTION: Authorized a professional service contract (FYOl-131) awarded to A G. Pellegrin, M.D. on September 6, 2005. BACKGROUND: The City adopted a Drug and Alcohol Testing Policy for the following: 1) Pre- employment; 2) Random; 3) Post-accident; 4.) Reasonable Suspicion; 5.) Follow-up and 6.) Return-to-duty. An independent contractor is required to perform drug and alcohol testing according to the Substance Abuse Mental Health Services Administration (SAMHSA) guidelines. A quality assurance on site evaluation tool was used to assess all six (6) Requests for Proposal (RFP) for qualifications needed by the City at each eligible contractor's business site. The tool was used to grade each ofthe following: written RFP response, on-site evaluation, and personal interviews with both the contractor and staff. The six (6) independent contractors who submitted their qualifications were carefully reviewed and graded on a scale ofone to five and tally of numbers was submitted and reviewed. Based on this evaluation, the committee is recommending that the top two (2) eligible providers be selected to further facilitate and address the growing need to test any person or employee both to the north and the south side ofthe City ofLaredo. The staff advisory committee selected the top two (2) independent contractors after careful review as noted: Dr. A G. Pellegrin and Dr. Carlos N. Hornedo, DO. StaffAdvisorv Committee Recommendation Heberto Ramirez, ITSS Director 1. Dr. A. G. Pellegrin Judith Garza, RN, BSN, Employee Health Nurse 2. Dr. Carlos N. Hornedo Gilbert Sanchez, Risk Manager 3. Dr. Lightner Marissa Jimenez, RN, BSN, RN IT 4. Doctor's Hospital 5. Laredo Examiners, Inc. 6. Hicks Chiropractic FINANCIAL IMPACT: Funding is available in the health benefits budget of the ITSS Department's Employee Health and Wellness Division. All services are requested on an as need basis. This contract is contingent upon continued funding in future fiscal years. Employee Health Division - Contractual, Purchased Professional Services Account Number: 594-5560-513-5528 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be awarded Approval ofthis motion. both to Dr. A G. Pellegrin and Dr. Carlos N. Hornedo, DO. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 10/15/07 Amend a contract to Turner Collie & Braden, Inc., San Antonio,Texas for $40,000.00 for water and $40,000.00 for wastewater to include Project Management Services from December 5, 2006 to September 30, 2007 with an extension oftime of 300 calendar days for the City of Laredo Colonias TWDB EDAP Project funded by the Texas Water Development Board. INITIATED BY: STAFF SOURCE: Carlos R. Villarreal, City Manager Tomas M. Rodriguez, Jr., P.E., Utilities Director PREVIOUS COUNCIL ACTION: City Council approved the General Agreement with Texas Water Development Board to fund the Project Management Services to Turner Collie & Braden, Inc. on 8/16/00. The Original Work Order Contract was awarded on 8/19/02 and amended in 8/16/04. BACKGROUND: This contract is to authorize Turner Collie & Braden, Inc. (TC&B) to continue to provide Project Management Services during the construction phase of the water and wastewater portions of the City of Laredo Colonias TWDB-EDAP Project funded by the TWDB and to extend the contract time for an additional 300 calendar days. The amount for additional engineering services would be revised from $169,600.00 to $209,600.00 for water and for the wastewater the revised amount is from $136,700.00 to $176,700.00. This amendment brings the total authorized amount for TC&B to $1,639,383.81 and will provide the Project Management services till the end of the construction of Work Order #3, which at the end of construction will also end the contract with TC&B. Work Order #3 includes the following Colonias: San Carlos 1&11, Tanquecitos II, 0-5 Acres, Los Altos, Old Milwaukee, Laredo Ranchettes and Ranchitos 359. FINANCIAL IMPACT: Funds are available in the Project Engineer Fees Acc. # 451-8310-533-5512. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A To approve motion. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration for approval of change order #2. to Jimmy Closner and Sons 10/15/07 Construction Co., Inc., Mercedes, Texas, an increase in the amount of $12,216.50, for the construction of the Mines Road Work Order #2. - Water Main and Pump Station Project, for the balance quantities actually constructed in place, acceptance of the project, approval of final payment, and extending the contract time for an additional 97 calendar days. The revised contract amount is $2,004,432.25. The new construction time including this change order will be 836 calendar days. Acceptance of project is subject to TWOS approval. Funding is available in the Colonias Project Fund and Utilities Water Fund. INITIATED BY: STAFF SOURCE: Carlos R. Villarreal, City Manager Tomas M. Rodriguez Jr. P.E., Utilities Director PREVIOUS COUNCIL ACTION: Construction contract awarded on 11/15/2004 and amended on 1110105. Approval of Change Order #1 on 8/14/06. BACKGROUND: The construction of this water line and booster station is intended to serve all Colonias within Mines Road Planning Area and is sUbject to the TWOS approval. The contractor, per this change order will do the following: amount days 1. Supply and install hoist for booster pump station (increase) $6,500 0 2. Supply and install chlorination building (increase) $6,500 5 3. Supply and install chlorine injector upgrade - booster pump (increase) $4,039 69 4. Rock benn installation (no increase) $0 2 5. Modification to chlorine injector pipe (no increase) $0 5 6. Supply and installation of stairs and platfonn on hydro-pneumatic tank (increase) $2500.00 5 7. Supply and install 490 If of 8" pipe at Peilitas West, (2) fire hydrants and (1) air release valve. (increase) $15,077.50 6 8. 32 calendar days of liquidated damages (deduct) 32 days @ $700.00/day - $22,400.00 0 9. Rain Days (no increase) $0. § Total $12,216.50 97 days The expected substantial completion ofthis project with approved change order is June 26, 2007. - Original Contract $1,996,553.25 330 Days - Change Order #1 (dedUct) -$ 4,337.50 409 Days - Change Order #2 $ 12.216.50 97 Days Total $ 2,004,432.25 836 Days FINANCIAL IMPACT: Funding is available in the Colonias Project Accl. # 451-8310-535-9301 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Approval of motion. N/A COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration for approval to award a professional services contract to Chapman & 10/15/07 Associates, Inc., Magnolia, Texas, for an amount not to exceed $87,570.00 for the Laredo International Airport Resident Project Representative Services (Inspection Services), General Aviation Apron and Taxiway Reconstruction, Phase III. The Airport Advisory Committee recommends approval. Design work is to be done on a fast track basis approximately six (6) months. Funding is available in the Airport Construction Fund. INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, P.E., City Engineer City Manager Jose L. Flores, Airport Director PREVIOUS COUNCIL ACTION: On December 18, 2006, City Council approved the selection of consultant Chapman & Associates, Inc.; Magnolia, Texas, for the Resident Project Representative for the Laredo International Airport Projects and authorization to negotiate a professional services contract. BACKGROUND: Scope ofservices include, but are not limited to: The proposed scope of services is to include, but not limited to: Provide the Resident Project Representative (RPR) services (Inspection Services) for the City ofLaredo and Laredo International Airport's Northeast Cargo Apron Phase II, General Aviation Apron Phase II, and Southwest Cargo Apron Concrete Pad. Pre-Construction Tasks: *Obtain a set ofcontracts, specifications, and drawings and review to assure familiarity with the Contractor's scope ofwork and material testing requirements. *Determine administrative procedures for meeting all repOliing requirements to FAA, the Airport Director, and City ofLaredo. *Determine daily written report requirements and report distribution. *Ascertain change order procedures and authorities. *Detetmine shop drawing and submittal distribution procedures. *Review airfield safety and security requirements with Airport personnel. *Identify Contractor's materials quality control testing laboratory and City's quality assurance laboratory *Set up field filing system. Page I of2 FINANCIAL IMPACT: Funding is available in the Airport Construction Fund - Project Engineer Fees. Account No. 433-3680-583-5512 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: The AirpOli Advisory Committee met on Approval ofMotion. October 9,2007, and recommends approval. Full Time On Site Daily RPR Project Tasks: *Observe and document in a daily report, the construction activities to ensure compliance with the plans, specifications, and approved shop drawings and submittals. *Docnment quantity ofwork items performed and materials used. *Coordinate Contractor activities with airpOlt authorities. *Coordinate and observe materials testing ifneeded. *Check compliance with NPDES requirements. *Monitor Contractor's compliance with safety and security requirements. Periodic RPR Project Tasks: *Coordinate with the Design Engineer on issues as they arise. *Review the contractor's "schedule ofvalues". *Review Contractor payment requests. *Review the contractor's construction schedule. *Document and report on Contractor's work accomplishment vs. schedule. *Review materials testing reports. *Visits to materials testing laboratory to observe procedures. *Prepare and submit weekly progress report to FAA with copies to City Engineer, Airport Manager, and Engineer. *Review Contractor's update of"as built" plans and specifications. *Interview employees to ascertain wage rate compliance and make appropriate reports. *Attend and participate in periodic progress review meetings. *Assist in the preparation ofperiodic and final punch list ofincomplete and deficient work. *Follow up on the status and completion ofpunch list items. *Assist in the resolution ofwarranty items. AlE fee is as follows: 137 Resident Project Representative (RPR) billable days = 137 days @ $610.00 $83,570.00 Four (4) multi-day trips to the project @ $I,OOO.OO/trip $ 4,000.00 Total AlE Fee $87,570.00 Design work is to be done on a fast track basis approximately six (6) months. Page 2 of2 COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration to authorize approval ofamendment ofthe professional services contract 10/15/07 dated April 2, 2007 with Kimley-Horn and Associates, ofAustin, Texas, for the performance ofprofessional services related to the Downtown Signalization Project, is amended such that both: thefee is increased by $76,321.00, from $250,000.00 to $326,321.00, for additional professional services, and to extend the contract by an additional 120 days. Funding is available in the MPO Account. INITIATED BY: STAFF SOURCE: Carlos Villarreal, City Manager Keith Selman, City Planner PREVIOUS COUNCIL ACTION: On 2/05/07, Council approved the selection of Kimley-Horn and Associates, for the project, and authorized the negotiation ofa professional services contract, and on 02/20/07 Council authorized the award ofthe contract. BACKGROUND: The Unified Planning Work Program describes and schedules work to be undertaken by the MPO during the fiscal period. The development ofthe Downtown Signalization Study is an objective ofboth the 2007 and 2008 Unified Planning Work Programs, adopted by the committee known as the Laredo Urban Transportation Study. The project will encompass that area within the downtown area to include the boundaries between IH35 (San Dario Avenue) on the east and Santa Isabel Avenue on the west, Washington Street on the north and River Road on the south. The objectives ofthe project are: I. To evaluate the downtown area's existing traffic signal system for mobility, warrant analysis, operation, function, equipment status and needs. 2. The production ofa needs assessment and implementation strategy to enhance mobility and safety, while reducing congestion for all those accessing the downtown area including pedestrians, commercial, private and transit vehicles. 3. Data collection, analysis and recommendation development, for all intersections located within the study area. 4. The provision ofrecommendations for all necessary capital improvements, cost estimates, alternative recommendations, and order ofimplementation for infrastructure improvements. 5. Coordination with all agencies involved, concerned, or interested in the development ofthe document, including but not limited to the City ofLaredo, County ofWebb, Texas Department of Transportation (TxDOT), etc. 6. Ensure public participation in the development ofthe document, which shall include but not be limited to presentations to the MPO Policy Committee and the Laredo City Council. The amendment ofthe contract will revise the scope ofservices such that full signal warrant analysis, future projection report, capital improvements plan, etc. are added. (See attaclnnent for detailed listing of additional services.) Original professional services contract amount...... $ 250,000 (Approved by City Council on 02/20/07) This Amendment - Additional professional services...... $ 76,321 Total Current Contract...... $ 326,321 FINANCIAL IMPACT: The MPO has budgeted for the $76,321 from account 101-2112-513-5526 for this project using federal planning grant (PUI2) funds. COMMITTEE RECOMMENDATION: ISTAFF RECOMMENDATION: N/A. Approval ofMotion. Downtown Signalization Study Scope ofAdditional Services September 25, 2007 Page I of4 Exhibit A Downtown Signalization Study Scope ofAdditional Services The Laredo Urban Transportation Study (LUTS) recently contracted with Kimley-Horn and Associates, Inc. to develop a Downtown Signalization Study. The project will encompass that area within the downtown area to include the boundaries between 1H35 (San Dario Avenue) on the east and Santa Isabel Avenue on the west, Washington Street on the north and River Road on the south. Currently, there are 61 signalized intersections in the study area. Kimley-Horn and Associates, Inc. (the Engineer) will provide the additional services defined in this scope. Throughout this scope ofadditional services, the terms City and LUTS refers to the Laredo Urban Transportation Study and the term Consultant refers to Kimley-Horn and Associates, Inc. After discussions with LUTS and City of Laredo Trame staff, it was determined that additional data collection would be beneficial. A portion ofthese efforts will take place in FY 07 and the remainder in FY 08. Furthermore, unforeseen delays will result in a portion ofsome ofthe original tasks needing to be completed in FY 08. A detailed description ofthese additional services, by Task and deliverable, is provided below. Task 9 - FY 08 Additional Services These are services that will be completed in FY08. Subtask 9.1- Full Signal Wa"ant Analysis (Portion o/Subtask 3.3 o/OriginalScope) For budgetary purposes, it is assumed that such additional counts will be needed for approximately 10 percent ofthe 61 intersections. This will equate to an estimate ofup to 12 additional uni-directional 24-hour machine counts (61 intersections times 10 percent times 2 approaches per intersection). The results ofthese warrant assessments will be included (in tabular format) as part ofTechnical Memorandum. Deliverables and meetings: • Full warrant analyses for up to six (6) intersections. Subtask 9.2- Future Projections Report (Portion ofSubtask 4.3 ofOriginalScope) A technical memorandum will be prepared documenting the process by which future projections were developed, including maps showing projected roadway improvements, existing and future major tramc circulation patterns, and major traffic generators. Deliverables and meetings: • Twenty-five (25) copies ofthe Future Projections Technical Memorandum Downtown Signalization Study Scope ofAdditional Services September 25, 2007 Page 2 of4 Subtask 9.3 -Capital Improvement Plan (ClP) (Subtask 5.2 ofOriginal Scope) The consultant will review previous congestion studies and visit with LUTS staffto detenoine where they have been receiving citizen complaints. Results from these interviews, outputs from the existing conditions analysis, and field observations made during the "before" travel time runs will be summarized to identifY problematic intersections. At up to six locations, the consultant will conduct the following tasks: Subtask 9.3.1 -Intersection Improvements Site visits to the downtown study intersections will be·conducted by the consultant to gain an initial insight into the problems at hand, as well as possibilities for remedying the situation. The Synchro1M models will be refined to model the problem periods as accurately as possible. Improvement alternatives can then be modeled to evaluate the benefits ofpotenliaI improvements (Le. delays, emissions, and fuel consumption, accident reductions). Once the appropriate recommended improvements at study intersections in the downtown study area have been determined (by LUTS staff, after reviewing the findings with the study team), these improvements will be prioritized based on a criteria established by the LUTS and consultant. The criteria will take into account issues such as safety, operations/level ofservice, relative benefit/cost, relationship to other scheduled improvements, and other criteria defined by LUTS staffand the consulting team. Subtask 9.3.2 - Corridor Roadway Improvements Where smaller scale (Le. low cost, no additional right-of-way) improvements at intersections do not result in acceptable operations, the Consultant will model the impact ofadditional through lanes at each intersection along a corridor. Subtask 9.3.3 - Geometric Studies Once areas ofimprovement are identified, the Consultant will conduct a geometric study to investigate basic requirements to develop conceptual roadway alternatives at up to six locations. An investigation ofpotential impediments to roadway extensions or expansions will be conducted, as described below: •A review ofknown planned major developments, above ground utilities, right-of-way constraints, and topography. Due to the uncertainty ofproperty lines in the downtown area, the righl-of-way will be restricted to building faces and overhead utility line locations. • Identification ofmajor drainage structures; •A cataloging ofdevelopment including a conceptual detenoination ofthe number and description of relocations (utilities, structures, etc.) and an order ofmagnitude value ofconceptual relocations. A list ofpotential roadway improvements and extensions will be developed for downtown Laredo in the identified areas ofcongestion. Through coordination with the LUTS, the Consultant will establish the project criteria which will guide the development ofthe conceptual alternatives with regards to roadway alignments, speeds, clearances, and all other geometric and functional requirements. The proposed recommendations will identi/)' limits ofprojected extensions and proposed right-of-way widths as well as potential impacts. The development ofconceptual extension and expansion alternatives will be done in sufficient detail to allow for a reasonable determination ofthe implementation costs and transportation user benefits, however, the layouts will be conceptual only and not serve as the basis for construction. Exhibit A Downtown Signalization Study Scope of Additional Services September 25, 2007 Page 3 of4 Subtask 9.3.4 -Opinions 0/Probable Cost For recommended improvements, the Consultant will develop graphical depictions and an estimate of probable cost to include the removal or relocation ofexisting infrastructure. Ifaerial photography is available, improvements will be superimposed over the aerials for clarity when presenting to the public. The Consultant will develop improvement opinions ofprobable cost that include the anticipated capital construction costs, planning and engineering costs. The Consultant will include a determination ofthe anticipated transportation user benefits and benefit/cost ratio for each ofthe potential projects. Because the Consultant does not control the cost oflabor, materials, equipment or services furnished by others, methods ofdetermining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs ofconstruction and materials, shall be made on the basis ofits experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions ofcost. Ifthe Client wishes greater assurance as to the amount ofany cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. Subtask 9.3.5 - Project Rankings Once an improvement list has been developed and opinions ofprobable cost developed, the Consultant will work with LUTS staff to establish project rankings. This will allow the CIP to be prioritized so that the most effective improvements are constructed within the budget constraints ofa given fiscal year. Projects will be ranked into short, intermediate, and long range categories. Subtask 9.3.6 - Capital Improvement Plan Technical Memorandum The Consultant will prepare a technical memorandum documenting the CIP planning process. A prioritized ranking ofprojects, along with preliminary estimates ofprobable cost, will be presented in tabular format, to allow "top down" selection based on the allowable budget for a given year. Deliverables and Meetings: • City interviews to identify problem areas • Project Rankings meeting with LUTS Staff • Capital Improvement Plan Technical Memorandum Task 9.4 - Phase V-Report Production (Task 6.0 ofOriginal Scope) Subtask 9.4.1-Draft Report (Task 6.1 a/Original Scope) The Consultant will prepare a draft final document that compiles all ofthe findings ofthe previous study steps. Five copies ofthis report will be distributed to the LUTS Technical Commillee for review and comment. A copy ofthe report will be provided in electronic format, including all maps and data tables, in the format specified. A presentation will be made to the LUTS Technical Committee to outline study findings and solicit comments for inclusion in the final report. Subtask 9.4.2 - Final Report (Task 6.2 a/Original Scope) Exhibit A Downtown Signalization Study Scope ofAdditional Services September 25, 2007 Page 4 of4 Once review comments have been addressed, a final document will be prepared. Forty copies ofthis report will be provided, along with updated electronic files. All sets will be printed on 8 \1," x II" paper and bOund. Exhibits that require larger paper will be folded and referenced in the text. Subtask 9.4.3 -Presentations (Task 6.3 ofOriginal Scope) The Consultant will present the final report to public agencies as requested. The Client will be responsible for meeting logistics (i.e. providing meeting space, advertising the meeting, notifYing attendees, etc.) It is assumed that, as a minimum, presentations to the following groups will be required: • LUTS Technical Committee - Draft Report • LUTS Technical Committee - Final Report • LUTS Policy Committee - Final Report • Laredo City Council- Final Report For budgeting purposes, it is assumed that a total offour meetings will be held as part ofthe presentation process. Additional meetings will be paid for as Additional Services. Deliverables and Meetings: • Twenty-five copies ofthe draft report • Forty copies ofthe final report • Two electronic file copies ofthe final report, on CD • Four presentations Subtask 9.5 - Base Map Preparation This is a continuation ofsubtask 7.2, which was started in FY07 and will be finalized in early FY 08. Deliverables: Final Intersection figures for signalized intersections downtown. Subtask 9.6 • Communication Needs Assessment This task involves determining options for establishing a downtown signal communications network. As part ofthe signal system upgrade the Engineer will meet with city staffto evaluate the communications needs in the downtown area for signals as well as the CCTV cameras included in the bridge coordination system and recommend a system to be installed. The Engineer will meet with stafffrom the City's Information Systems, Planning, and Transportation Departments to determine the location ofhub cabinets for City owned fiber and City Ethernet communications in the downtown area. These points will be mapped onto existing GIS layers for the purpose ofdetermining where future access points may be incorporated. Where readily available from City records, the routing ofexisting fiber will be added to the map. The Engineer will inventory existing signal communication equipment at the City's Traffic Management Center to determine interconnect options. Exhibit A LUTS - Downtown Signalization Study - HoursI Fee Estimate - Add"rtIonal S8tvices ForFYOB ConfractAmendmentaA.dd1lJolMl Tasics In FYCNJ '~'i<,tc~i';~~1 ~~t~. ~ ~~;.~. "sm>;slitt!i""ilE,im".,;Oj!"""''f'i>".,re JfB;iJii'li!~~~ "#.;f,:" "Additional 5ervIces ,...... lanaa-me"iif tQ)rdSandF itatus RePOrts and Invoicing sta1Us ana ReView Meetings (1 mtgs) 8 8 i - eiisung torIdltlons "9"1 FuR Signal Warrants (6 lntx) 10 22 Phiiim-Future PriijiCilons 9.2 S\ibiiii 4.3 - Future Pi'ilKionskipart [3 lhase IV- AnlIlYii. ana RIICOiiW.Wndations SUbtask 9.3.1 -lmprovementCost Estimates (6 Locations) -,------~ .. 14 ItiSk 9:3.2 - PI'OIicl: Rankings .. 'task 9JU - improvement Plan RePOrt (25 CCIPI8S) >: , R8iiOrit_Pi'Oduc .. 'PO" (25 .. 24 >: 10 24 "2 f "2 .. ectmical 10 --n,-Boa'" 10 - ~.. 12 48 4lr 16.. ~ 35 ,. 258 '08 8 525 6 T.IF~'~." $' 76,321.00 ~ ...=-~ ...... C" > 912512007 Laredo TIming Hours and Fee Estimate 092507.x1s MPO_ADDTl_SVCS_FY08 COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration for approval to award a construction contract to the lowest bidder ALC 10/15/07 Construction, LLC., Laredo, Texas, in the bid amount of$476,464.00 for the Laredo Street Drainage Improvements - Phase II. Contract time is one hundred ten (110) working days. Funding is available in the 2003 e.O. Issue and 2006 C.O. Issue. INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, P.E., City Manager City Engineer PREVIOUS COUNCIL ACTION: None. BACKGROUND: The project consists ofconstructing a new storm drainage system along Laredo Street between Seymour and Loring, along Seymour Avenue between Laredo and Corpus Christi, and along Galveston Street between Seymour and Meadow Avenue. Storm drainage system will consist of36" RCP and box culverts, curb inLets, j-box manholes, and miscellaneous water and sewer utility adjustments, and other related items. Plans and specifications were prepared by Arcadis, Laredo, Texas. Three (3) bids were received at the City Secretary's Office at 3:00 P.M. on Thursday, October 27,2007, and publicly opened, read, and taken under advisement on Friday, October 28,2007, at II:00 A.M., as follows: Contractor (Bidder) Base Bid Closner Construction Company $579,944.40 Laredo, Texas SER Construction Partners, Ltd. $490,818.00 Pasadena, Texas ALC Construction, LLe. $476,464.00 Laredo, Texas The bid and bid bonds were checked and found to be in order. Stafftherefore concurs with consultant and recommends award in the bid amount of$476,464.00 to ALC Construction, LLC., Laredo, Texas. Contract time is one hundred ten (110) working days after notice to proceed is issued. FINANCIAL IMPACT: Funding is available in the 2003 C.O. Issue ($47,433.00) and 2006 C.O. Issue ($429,031.00). Account No. 456-9852-535-4848 and 461-9852-535-4848 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A. Approval ofMotion. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration to award a contract to the lowest bidder Jimmy Closner & Sons, Mercedes, 10/14/07 Texas, in the amount of$I,385,472.50 for the Upper Zacate Creek Multipurpose Detention Pond Project. By constructing this Multipurpose detention pond, the flooding along McPherson road will decrease significantly. Funding is available in the 2007 C.O. Bonds. INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, P.E., City Engineer City Manager Riazul Mia, P.E., Director, Environmental Services Department PREVIOUS COUNCIL ACTION: On November 20, 2006 Cityhired the consultant for the detention pond project. BACKGROUND: Zacate Creek, with a total drainage area of 16.4 square miles, is one ofthe major watersheds within the City ofLaredo, Texas. In 200I, city hired a consultant to prepare Storm Water Management Master Plan for the Zacate Creek Watershed to identify and assess alternative methods ofproviding flood protection for land, buildings and infrastructure along Zacate Creek and two ofits primary tributaries. The Master Plan provides recommendations for infrastructure improvements with estimated cost to provide protection against flooding. These proposed improvements plans including channel improvement, Storm water detention in upper basin and large on-line flood control reservoir. To implement the master plan, recently the City acquired additional properties for the construction ofthe regional detention pond and channel improvements. The project consists of development ofa 43 acre multipurpose detention pond located to the northeast of intersection ofGale Street and Bartlett avenue and includes approximately 338,000 cubic yards ofpond excavation; installation oferosion control measures, channel excavation, irrigation system, fencing, and construction ofan access road. The four(4) bids are as follows; 1. SER Construction Partners, Ltd, Pasadena, TX $ 1,700,190.00 2. Austin Engineers Co., Austin, TX $ 1,496,795.00 3. Qro-Mex Construction Co., Granite Shoals, TX $ 1,494,270.00 4. Jimmy Closner & Sons Construction Co., Mercedes, TX $ 1,385,472.50 The project is to be constructed on a fast track basis. FINANCIAL IMPACT: Funding is available in the: 2007 C.O. Bond - Upper Zacate Creek detention pond - Account No. 249-3891-545-9527 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A. Approval ofMotion. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration for approval to award a professional services contract to FQR Architects, Inc., 10115/07 Laredo, Texas, in association with HMG and Associates, San Antonio, Texas, Synergy Stmctural Engineering, Inc., Laredo, Texas, Sherfey Engineering Company, Laredo, Texas, and TelTacon 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 Expausion. Design work is to be on a fast track basis approximately six (6) months. Funding is available in the Bridge System Fund. INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, P.E., City Engineer City Mauager Mario Maldonado, Bridge Director PREVIOUS COUNCIL ACTION: None. BACKGROUND: Five (5) firms responded to the request for qualifications on Friday, August 31, 2007, at 4:00 P.M. as follows: 1. FQR Architects, Inc., Laredo, Texas in association with HMG and Associates, San Antonio, Texas, Synergy Structural Engineering, Inc., Laredo, Texas, Sherfey Engineering Compauy, Laredo, Texas, and TelTacon Consultants, Laredo, Texas 2. Foster Engineering Company, Laredo, Texas 3. Stmctural Engineering Associates, San Antonio, Texas, in association with Premier Civil Engineering, Laredo, Texas, and Humphries & Sauchez Architects, P.L.L.C., Laredo, Texas, aud Lockwood Andrews & Newnam, Inc., San Antonio, Texas 4. Humphries & Sauchez Architects, Laredo, Texas, in association with Huitt Zollars, Inc., Laredo, Texas 5. Sepulveda Associates Architects, Laredo, Texas Scope ofservices include, but are not limited to: Scope will include but not limited to the expansion ofGSA facilities with additional booths and lanes on the south side and on the north side, canopy, islauds, related utilities including water and sanitary sewer lines, lighting and data communications preparations. The StaffCommittee composed ofseveral City Departments evaluated the submittals aud based on the City's standard selection criteria (capability to perfolTll, professional background, quality ofprojects, etc.) FQR Architects, Inc., Laredo, Texas, is recommended. AlE fee is as follows: 15% - Schematic Design Phase $ 76,500.00 20% - Design Development Phase $102,000.00 40% - Construction Documents $204,000.00 05% - Bid Phase/Contractor Selection $ 25,500.00 20% - ConstlUction Administration $102,000.00 Total AlE Fee $510,000.00 Design work is to be on a fast track basis approximately six (6) months. FINANCIAL IMPACT: Funding is available in the Bridge System Fund. Account No. 553-4010-535-9301 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A. Approval ofMotion. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration for approval to award a construction contract to the lowest bidder Closner 10/15/07 Construction Company, LC, Laredo, Texas, in the base bid amount of$433,557.00 for the Rancho Viejo Drive Culvert Drainage Improvements. Contract time is one hundred twenty (120) working days. Funding is available in the 2007 C.O. Rancho Viejo Culvert Drainage. INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, P.E., City Manager City Engineer PREVIOUS COUNCIL ACTION: None. . BACKGROUND: The project consists ofthe replacement ofthe existing drainage culvert with a construction of6 concrete drainage boxes to improve storm water flows and improvements to the roadway section connecting to Mines Road FM 1472. Plans and specifications were prepared by Puig Engineering Company, Laredo, Texas. Bids were received at the City Secretary's Office at 3:00 P.M. on Friday, October 5,2007, and publicly opened, read, and taken under advisement on Monday, October 8, 2007, at 11:00 A.M., as follows: Contractor (Bidder) Base Bid Closner Construction Company, LC. $433,557.00 Laredo, Texas Zertuche Construction Company $665,633.00 Laredo, Texas McAllen Construction, Inc. $733,416.00 McAllen, Texas SER Construction Partners, Ltd. $598,625.00 Pasadena, Texas Rhino Builders, Ltd. $599,127.50 Laredo, Texas The bid and bid bonds were checked and found to be in order. Stafftherefore concurs with consultant and recommends award in the base bid amount of$433,557.00 to Closner Construction Company, LC., Laredo, Texas. Contract time is one hundred twenty (120) working days after notice to proceed is issued. FINANCIAL IMPACT: Funding is available in the 2007 C.O. Rancho Viejo Culvert Drainage. Account No. 249-3891-545-9542 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A. Approval ofMotion. COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 10/15/07 Consideration to authorize the purchase of one cab and chassis truck with a ten cubic yard concrete mixer in the total amount of $132,988.00 through the BuyBoard cooperative purchasing program's contract pricing from Dallas Mack Sales, L.P. This equipment will be assigned to the Public Works Department. Funding is available from 2007 certificates of obligation bond proceeds. INITIATED BY: STAFF SOURCE: Horacio De Leon, Assistant City Manager Alejandro Labrada, Public Works Department Director Jesus Olivares, Assistant City Manager Jessica N. Hein, Communications and Support Services Department Director Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: Authorized participation in the BuyBoard cooperative purchasing program. BACKGROUND: Authorization is requested to purchase one concrete mixer truck for the Public Works Department. This truck will be available for use by all city departments and will allow city crews to pickup small concrete loads. This equipment will be purchased from Dallas Mack Sales L.P. utilizing the BuyBoard cooperative purchasing program contract pricing. Vendor Equipment Total Dallas Mack Sales L.P. 2007 Mack cab and chassis with $132,988.00 McNeilus Concrete mixer FINANCIAL IMPACT: Funding for this equipment is available in the 2007 certificates ofobligation bond proceeds. Department Expense Account Amount Equipment Capital Outlay 462-9810-535-9004 $132,988.00 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be approved. COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 10/15107 Consideration to exercise the renewal option for contract number FY07-133 awarded to, I) HD Supply Waterworks, San Antonio, Texas in the estimated amount of $250,000.00; . for the purchase of PVC pipe used by the Utilities Department. This is the first of four (60) day supply extensions. These materials are purchased on an as needed basis for construction and repair projects. Funding is available in the Utilities Department Budget. INITIATED BY: STAFF SOURCE: Horacio De Leon, Assistant City Manager Tomas Rodriguez, P.E., Utilities Department Director Jesus Olivares, Assistant City Manager Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: The City Council approved a sixty day contract on 08/06/2007 in the estimated amount of$250,000.00. BACKGROUND: This contract will provide the Utilities Department with PVC pipe for a sixty day period. Due to a stable pricing climate, HD Supply Waterworks has agreed to and sigued the contract renewal notice to extend the term of this contract. This is the first of four extensions for this contract. As per all supply contracts, the intent of this contract is to secure a fixed cost for these cOrru:llodities for the contract period. All supplies will be secured on an as needed basis. Contract Award HD Supply Waterworks Item Description Estimated Quautity Unit Price I 2" Pipe, 20' joints 1,000 PI. $ .43 2 3" Pipe, 20' joints 100 Ft. $ .86 3 4" Pipe, CL200 100 Ft. $ 2.36 4 6" Pipe, CL200 10,000 Ft. $ 4.55 5 8" Pipe, CL200 10,000 Ft. $ 7.81 6 12" Pipe, CL200 10,000 Ft. $ 16.80 7 16" Pipe, DR-18 10,000 Ft. $ 22.63 8 10" Pipe, CL200 1,000 Ft. $ 11.42 9 14"Pipe, DR-18 1,000 Ft. $ 17.63 10 20"Pipe,DR-18 1,000 Ft. $ 35.44 11 24"Pipe,DR-18 1,000 Ft. $ 51.35 FINANCIAL IMPACT: The purpose ofthis 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 this 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. Account Number: 557-0000-141-0000 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be approved. COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 10/15/07 Consideration to award contract number FY07.• 172 to the low bidders: 1) Traffic Parts, Conroe, Texas in the amount of$100,546.75; 2) aud Pathmm'k Traffic Parts, Sau Marcos, Texas, in the amount of$I,600.00, for the purchase of traffic signal assemblies and related materials required for traffic signal upgrades for the following locations: Windfield at Alexauder, Airport at Bob Bullock Loop, and Del Mal' Boulevard .at McPhersprt Dl1ve. Fundirtg is available in the respective depmtmental budget. INITIATED BY: STAFF SOURCE: Cynthia Collazo, Deputy City Mauager Roberto Mwillo, Traffic Depootment Director HQracio De Lepn, AssJstl1nt City Mauager Francisco Meza,Purchasing Agent Jesus Olivares, Assistant City Manager PREVIOUS COUNCIL ACTION: Npne. B~CKGROUND: The City re.ctJived twp bids for the purchase of traffic llignalassemblies. Staff has reviewed the bids SUbmitted and is recommending that the equipment be purchased from Traffic Parts, Inc., Conroe, Texas, and Pathmark Traffic P'arts, San Moo'cos, Texas. The traffic signal upgrades are for the following locations: Windfield at Alexander, Ait'po1t aud Bob Bullock Loop, and Del Mar Boulevard at McPherson Drive. Delivery oftraffic assemblies aud related materials is estimated to be between fourteen to seventy five days upon receipt oforder. A complete bid summary is attached. FINANCIAL IMPACT: 'Funding is available fi'om2006 Contractual Obligation bond proceeds. 2006 CO Bond Capital projects, WindfieldlAlexander Parkways Account Number: 461.9853-535-9503 2006 CO Bond Capital projects, Traffic Signal Span Wire Account Number: 461-9853"535-4891 AirpOlt Capital Outlay Improvements, Traffic Lights Account Number: 242-3605-585-9305 .COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that a contact be awarded to the low bidders. Bid Tabulation FY07-172 Traffic Signal Assemblies September 27, 2007 3:00 PM Traffic Parts Pathmark Traffic Parts Conroe, Texas San Marcos, Texas Item Description Quantity DOM Unit Price Extended Unit Price Extended 1 LED Signal as per specification 5.1 42 each $ 451.25 $ 18,952.50 $ $ 2 LED Signal as per specification 5.2 14 each $ 653.75 $ 9,152.50 $ $ 3 LED Signal as per specification 5.3 4 each $ 632.00 $ 2,528.00 $ $ 4 PED Pedestrian LED signal as per specification 5.4 26 each $ 257.50 $ 6,695.00 $ $ 5 Backplate (12") (3 section) 40 each $ 32.25 $ 1,290.00 $ $ 6 Backplate (12") (5 section) 20 each $ 44.25 $ 885.00 $ $ 7 Type B Polymer Concrete Box as per specification 5.5 20 each $ 156.00 $ 3,120.00 $ $ 8 Type C Polymer Concrete Box as per specification 5.6 60 each $ 140.00 $ 8,400.00 $ $ 9 Pedestrian ADA Push Button 35 each $ 25.75 $ 901.25 $ $ 105/8" x 8' Ground Rod 35 each $ 15.75 $ 551.25 $ $ 11 Photoelectric Cell 8 each $ 18.75 $ 150.00 $ $ 12 Luminarie, 250 watt high pressure sodium 8 each $ 350.00 $ 2,800.00 $ $ 13 Astro Brackets 58 each $ $ $ $ 14 Louvier 12" Adjustable 10 each $ $ $ $ 15 114" Backer Rod (foam) 8,000 linear feet $ 0.03 $ 240.00 $ $ 1612 AWG 2 Conductor; thirteen (13) reel of500' 6,500 linear feet $ 0.45 $ 2,925.00 $ $ 17 12 AWG 4 Conductor; nine (9) reel of500' 4,500 linear feet $ 0.80 $ 3,600.00 $ $ 1812 AWG 5 Conductor; four (4) reel of500' 2,000 linear feet $ 0.97 $ 1,940.00 $ $ 19 12 AWG 7 Conductor; eight (8) reel of 500' 4,000 linear feet $ 1.35 $ 5,400.00 $ $ 20 12 AWG 9 Conductor; five (5) reel of500' 2,500 linear feet $ 1.73 $ 4,325.00 $ $ 21 12 AWG 12 Conductor; two (2) reel of500' 1,000 linear feet $ 2.34 $ 2,340.00 $ $ 2214 AWG 2 Conductor shielded; fourteen reel of500' 7,000 linear feet $ 0.40 $ 2,800.00 $ $ 23 14 AWG 1 Conductor; loop wire; twelve (12) reel ofl,OOO' 12,000 linear feet $ 0.20 $ 2,400.00 $ $ 246 AWG 1 Conductor, BARE; one (1) reel ofl,500' 2 reels of 3,500 linear feet $ 0.73 $ 2,555.00 $ $ 25 6 AWG 1 Conductor, Iusulated; one (1) reel of500' 500 linear feet $ 0.71 $ 355.00 $ $ 26 12 AWG Wire Tray Cable 3; nine (9) reel of500' 4,500 linear feet $ 0.90 $ 4,050.00 $ $ 27 Breakaway In-line Fuseholders 50 each $ $ $ $ 28 Asphalt/Concrete Blades 20 each $ $ $ $ 29 Red Incandescent LED as per specification 5.9 51 each $ 56.25 $ 2,868.75 $ $ 30 Yellow Incandescent LED as per specification 5.9 51 each $ 70.00 $ 3,570.00 $ $ 31 Green Incandescent LED as per specification 5.9 51 each $ 87.50 $ 4,462.50 $ $ 32 Green Arrow Incandescent LED as per specification 5.9 12 each $ 62.50 $ 750.00 $ $ 33 Yellow Arrow Incandescent LED as per specification 5.9 12 each $ 45.00 $ 540.00 $ $ 34 Electrical Service Type T 1201240 000 (NS) GS (L) SP (U) 1 each $ $ $ $ 35 Type I-C Reflective CL B (Reflective Pavement Markers) 500 each $ $ $ 1.02 $ 510.00 36 Type I-C-R Reflective CL B (Reflective Pavement Markers) 500 each $ $ $ 1.09 $ 545.00 37 Type II-A-A Reflective CL B (Reflective Pavement Markers) 500 each $ $ $ 1.09 $ 545.00 Total $ 100,546.75 $ 1,600.00 Delivery 30-75 Days 14-17 Days COUNCIL COMMUNICATION DATE: Subject: MOTIONS 10/15/07 Consideration to award an annual miscellaneous auto parts contract number FY07 173 to the following multiple bidders: I) Gonzalez Auto Parts, Laredo, Texas, in the amount of$20,000.00 2) O"Reilly Auto Parts, Laredo, Texas, in the amount of$20,000.00 3) Napa Auto Parts, Laredo, Texas, in the amount of$20,000.00 4) Full Service Auto, Laredo, Texas, in the amount of$20,000.00 5) Laredo Wholesale, Laredo, Texas, in the amount of$IO,OOO.OO 6) Texas Fleet Supply, Laredo, Texas in the amount of$5,000.00 7) Texas Alternator, Austin, Texas in the amount of$5,000.00 for the purchase ofmiscellaneous auto parts for the Fleet Department. This contract establishes discount percentage pricing for those miscellaneous auto parts not covered in the general automotive parts contract. These vendors have offered percentage discount pricing from their general catalogues. All items will be purchased on an as needed basis. Funding is available in the Fleet Management Fund. INITIATED BY: STAFF SOURCE: Horacio De Leon, Assistant City Manager Jessica N. Hein, Communication and Support Services Jesus Olivares, Assistant City Manager Director Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City received bids for the purchase of miscellaneous auto parts. All items will be purchased on an as needed basis. This contract establishes a percentage discount on miscellaneous auto parts for passenger cars, mid-size trucks, and light trucks utilized by various city departments. Approximately, $100,000.00 is spent armually on miscellaneous auto parts by the fleet department. Percentage discounts for a total of 12 automotive part categories were compared and the award to multiple bidders is based on this comparison. The term ofthis contract will be for a one year period with an option to renew this contract for two additional one year periods. Staffhas reviewed the bids received and is recommending that contracts be awarded to multiple bidders. A complete bid tabulation is attached. FINANCIAL IMPACT: Funding for this service is available in the Fleet Maintenance budget. The purpose ofthis 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 ofan annual supply contract beyond the current fiscal year is contingent upon the availability ofappropriated funds from which payments for the contract purchases can be made. If no funds are appropriated and budgeted during the next fiscal year, this contract becomes null and void. Account Number: 593-2810-533-2071 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that these contracts be approved. Bid Tab Miscellaneous Auto Parts FY07-173 September 27,20073:00 PM Gonzalez Auto Parts O'Reilly Auto Napa Auto Parts laredo Wholesale Full Service Auto Texas Fleet Supply Texas Alternator laredo Texas laredo Texas laredo Texas Laredo Texas Laredo Texas Laredo Texas Austm Texas Item Description (Auto-Parts) Percentage Discount Percentage Discount Percentage Discount Percentage Discount Percentage Discount Percentage Discount Percentage Discount 3.1 Belts, Hoses, & COOIlI'lg 0.40 .15-.20 0.11 0.10 0.10 0.00 0.00 3.2 Brakes and Wheel Bearings 0.45 .10-.40 0.10 0.12 0.10 0.50 0.00 3.3 Chassis and Steering 0.40 0-.20 0.15 0.10 0.10 0.00 0.00 3.4 Drive Train 0.45 0-.30 0.20 0.12 0.10 0.50 0.00 3.5 Electrical 0.40 .10-.40 0.10 0.08 0.10 0.00 0.30 3.6 Exhaust System 0.45 0-.05 0.10 o.oa 0.10 0.00 0.00 3.7 Fuel & Emission 0.40 0-.40 0.10 0.08 0.10 0.00 0.00 3.8 Heating & Air condition 0.40 .10..17 .15-.21 0.00 0.10 0.00 0.00 3.9 Ignition I Filters 0.35 0-.40 0.40 o.oa 0.10 0.00 0.00 3.10 Lamps Bulbs, Flashel'S & Switches 0.40 .10-.40 0.20 0.10 0.10 0.00 0.00 3.11 Shocks & Struts 0.40 0..20 0.10 0.07 0.10 0.00 0.00 3.12 Wiper, Blades, Arms & Motors 0.35 .15-.20 0.20 0.08 0.10 0.00 0.00 Brands Day, Al Cardone, GMB Gates, A1 Cardone, Gates, United AE Pads Dayco, Bendix,TImken GOodyear,AC Delco, Federal Mogul. Rockwell Texas Alternator Rol, Hayden, Moternd Master Pro, Fel Pro, United ChaslS, A1 DelCO Remy, Tennco Motorcraft, AI Cardone Siemens, Starn:!ard Hayden, Borg-Wagner Echlin, Napa Exhaust Walker, Wix, Trico StandardS, Rhino POlk Federal MogUl BCA, National, Brake Napa Cold Power lance, Sylvania Clutches, Walker Monroe, Spicer, Hastings Best,Monroe,Moog WIX Gold, lMP-Wagner Monroe GE, Hastings, Anco, Eiko,little Fuse, Perfec Pioneer, Wagner, Eiko Tenneco, Bakamp KUS Clutch, Four Seasons Dixie, Buss, Super AC, Motorcraft Start, Transpro, Siemens, Fenco Notes: No Bid from Vehicle Maintenance COUNCIL COMMUNICATION DATE: MOTION: Award ofa professional services contract with Mejia Engineering Company in the amount of 10/15/07 $66,082.87 to provide consulting services for the Ejido/Stewart Drainage Improvement Project for the City ofLaredo, Texas. The project consists ofaddition/replacement ofthe existing drainage system to reduce the localized flooding. Funding is available in the 2007 CO. INITIATED BY: STAFF SOURCE: Horacio De Leon, Jr. Riazul Mia, P.E., Director, Environmental Services Department Assistant City Manager Rogelio Rivera, P.E., City Engineer PREVIOUS COUNCIL ACTION: N/A. BACKGROUND: Eighteen (18) firms responded to the request for qualifications on Friday, August 10, 2007, at 4:00 P.M. as follows: 1. GPS Engineering, L.L.C., Laredo, Texas 2. Daniel Gomez Engineering, P.c., Laredo, Texas 3. Gilpin Engineering Company, Laredo, Texas, in Association with PBS&J, Austin, Texas 4. Lockwood, Andrews & Newnam, Inc., Dallas in Association with Premier Engineering, Laredo, Texas 5. Crane Engineering Corporation, Laredo, Texas 6. Seca Engineering, L.L.C., Laredo, Texas 7. Howland Engineering and Surveying Company, Laredo, Texas 8. Puig Engineering, LLC., Laredo, Texas 9. Guerra Engineering & Surveying Company, Laredo, Texas 10. LNV Engineering Engineers & Consultants, Corpus Christi, Texas, in association with Guerra Engineering & Surveying Company, Laredo, Texas 11. Porras Engineering Company, Laredo, Texas 12. Mejia Engineering Company, Laredo, Texas 13. Sherfey Engineering Company, L.L.C., Laredo, Texas 14. ARCADIS, Laredo, Texas 15. Harry Jewett Associates, Laredo, Texas 16. Espey Consultants, Inc., Austin, Texas, in association with RODS Surveying, Inc., and Slay Engineering Company, Inc., Laredo, Texas 17. TEC Engineers & Consultants, Inc., Laredo, Texas 18. Foster Engineering Company, Laredo, Texas. Scope ofservices include, but are not limited to: Surveys, design, and preparation of plans and specifications, utilities coordination, coordination with City, State, nd Federal Agencies, as applicable, all designs are per ADA requirements, assist in bidding project, make award ecommendation, and provide "As Built" Mylar Plans and Digital Format to alleviate localized flooding. The StaffCommittee composed ofseveral City Departments evaluated the submittals and based on the City's tandard selection criteria (capability to perform, professional background, quality ofprojects, etc.). Mejia Bngineering Company, Laredo, Texas, is recommended for this project. The estimated design time is 150 days Por this project. AlE fee is as follows: Geotechnical. $ 6,000.00 Engineering fee $60,082.87 Total NE Fee $66,082.87 FINANCIAL IMPACT: Funding is available in the 2007 CO Account # 249-3891-545.95-37 RECOMMENDATION: STAFF RECOMMENDATION: Approval ofthe motion \ COUNCIL COMMUNICATION DATE: MOTION: Award ofa professional services contract with Espey Consultants, Inc. in the amount of$199,775.00 10/15/07 to provide consulting services for the Phase-1 ofthe Canal Street Drainage Improvement Project for the City ofLaredo, Texas. The project consists ofdrainage study, evaluation ofthe existing systems, evaluation ofalternatives with cost estimates and Economic feasibility study for the flood mitigation along the Canal Street. Funding is available in the 2007 CO. INITIATED BY: STAFF SOURCE: Horacio De Leon, Jr. Riazul Mia, P.E., Director, Environmental Services Department Assistant City Manager Rogelio Rivera, P.E., City Engineer PREVIOUS COUNCIL ACTION: N/A. BACKGROUND: Seven (7) firms responded to the request for qualifications on Friday, August 14, 2007, at 4:00 P.M. as follows: 1. Lockwood, Andrews & Newnam, Inc., Dallas in Association with Premier Engineering, Laredo, Texas 2. Crane Engineering Corporation, Laredo, Texas 3. Puig Engineering, LLC., Laredo, Texas 4. LNV Engineering Engineers & Consultants, Corpus Christi, Texas, in association with Guerra Engineering & Surveying Company, Laredo, Texas 5. Porras Engineering Company, Laredo, Texas 6. Espey Consultants, Inc., Austin, Texas, in association with Howland Engineering and Surveying Company, Laredo, Texas 7. Foster Engineering Company, Laredo, Texas. The project is designed to evaluate that portion of Zacate Creek that is channelized along Canal Street, from San Francisco Street to Meadow Avenue, and Meadow Avenue, from Canal Street to Bustamante Street, a distance of approximately 7500 linear feet. These exiting concrete channels suffered significant damage in recent flood events and have been temporarily repaired by the City. Previous studies have suggested the need to significantly expand the flood capacity ofthe creek conveyance including diversion of a portion of the storm flow in underground culverts. The scope of this project will reevaluate those options from both a technical and economic feasibility standpoint and make recommendations for the proposed improvements. !The StaffCommittee composed ofseveral City Departments evaluated the submittals and based on the City's tandard selection criteria (capability to perform, professional background, quality ofprojects, etc.). Espey ~onsultants, Inc, is recommended for this project. The estimated time is 180 days for this project. FINANCIAL IMPACT: Funding is available in the 2007 CO Account # 249-3891-545.95-27 RECOMMENDATION: STAFF RECOMMENDATION: Approval ofthe motion COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 10/15/2007 Approving monthly adjustments to the tax roll. The amounts to be adjusted for the month ofSeptember 2007, represent a decrease of $7,066.65. These adjustments are determined by Webb County Appraisal District and by court orders. INITIATED BY: STAFF SOURCE: CYNTHIA COLLAZO, ELIZABETH MARTINEZ DEPUTY 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 $7,066.65. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Approval PREPARED 9/28/07, 19:54:17 TAX ADJUSTMENT LISTING PAGE 20 PROGRAM TX420L 9/01/07 - 9/28/07 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 .00 199.99 .00 5252.22 5452.21- **** TOTALS .00 .00 .00 .00 199.99 .00 5252.22 5452.21- INT2 02 .00 .00 .00 .00 .00 .00 .00 90.52- INT2 TOTALS .00 .00 .00 .00 .00 .00 .00 90.52- INT3 03 .00 .00 .00 .00 .00 .00 .00 20.55- INT3 TOTALS .00 .00 .00 .00 .00 .00 .00 20.55- INT4 04 .00 .00 .00 .00 .00 .00 .00 50.08- INT4 TOTALS .00 .00 .00 .00 .00 .00 .00 50.08- INT5 05 .00 .00 .00 2.45- .00 .00 .00 27.39- INT5 TOTALS .00 .00 .00 2.45- .00 .00 .00 27.39- INT6 06 .00 .00 .00 .41- .00 .00 .00 .00 INT6 TOTALS .00 .00 .00 .41- (] .00 .00 .00 .00 ~ LARE 93 .00 .00 .00 19.41- 6q,. .00 .00 19.41 .00 LARE 94 .00 .00 .00 21. 02- Z1-t~ .00 22.49 .00 LARE 95 .00 .00 .00 21.02- 41..0090 .00 .00 41. 90- LARE 01 .00 .00 .00 .00 94.58 .00 .00 116.28- LARE 02 .00 361. 03 .00 106.18- 104.86 .00 248.37 .00 LARE 03 .00 359.71 .00 .00 212.02 .00 125.00 .00 LARE 04 .00 540.49 .00 500.75- 223.90 .00 500.75 .00 LARE 05 .00 1064.59 .00 1490.07- 822.17 .00 1517.62 508.04- hARB 06 DO 3258.51 2545.66 4203 56- 5122.15 .00 6708.87 1663.94- LARE TOTALS .00 - 5584.33 2545.66 6362.01 6621. 58 .00 9142.51 2330.16- OMIT 02 .00 .00 .00 .00 .00 .00 .00 164.59- OMIT 03 .00 .00 .00 .00 .00 .00 .00 47.81- OMIT 04 .00 .00 .00 .00 .00 .00 .00 93.13- OMIT 05 .00 .00 .00 .00 .00 .00 .00 105.93- OMIT 06 .00 .00 .00 .00 .00 .00 .00 430.81- OMIT TOTALS .00 .00 .00 .00 .00 .00 .00 842.27- OM07 05 .00 .00 .00 .00 .00 .00 .00 25.10- OM07 TOTALS .00 .00 .00 .00 .00 .00 .00 25.10- RP06 06 327.85 .,/ 5.59 .00 602.61- .00 .00 96.24 120.89- RP06 TOTALS 327.85 5.59 .00 602.61- ,; .00 .00 96.24 120.89- RTN 06 75.00 -/ .00 .00 .00 .00 .00 .00 .00 RTN TOTALS 75.00 .00 .00 .00 .00 .00 .00 .00 SUPP 02 .00 .00 .00 .00 .00 .00 .00 53.09- SUPP 03 .00 .00 .00 108.07- .00 .00 115.63 57.82- SUPP 04 .00 .00 .00 107.27- .00 .00 128.57 558.14- SUPP 05 .00 .00 .00 107.27- .00 .00 15.77 1382.20- SUPP 06 .00 200.80 .00 107.27- ,j 268.07 .00 289.18 4029.70- SUPP TOTALS .00 200.80 .00 429.88- 268.07 .00 549.15 6080.95- TOTALS 402.85 5790.72 2545.66 7397.36- 7089.64 .00 15040.12 15040.12- 6oP'r. _ .. v - PREPARED 9/28/07, 19:54:17 TAX ADJUSTMENT LISTING PAGE 21 PROGRAM TX420L 9/01/07 - 9/28/07 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 .00 199.99 199.99 CREDIT REFUND UNASSIGNED .00 .00 .00 .00 .00 5252.22 5252.22 TRANSFERS FROM UNASSIGNED .00 .00 .00 .00 .00 5452.21- 5452.21- TRANSFERS TO **** TOTALS .00 .00 .00 .00 .00 .00 .00 INT2 02 90.52- .00 .00 .00 .00 .00 90.52- TRANSFERS TO INT2 TOTALS 90.52- .00 .00 .00 .00 .00 90.52- INT3 03 20.55- .00 .00 .00 .00 .00 20.55- TRANSFERS TO INT3 TOTALS 20.55- .00 .00 .00 .00 .00 20.55- INT4 04 50.08- .00 .00 .00 .00 .00 50.08- TRANSFERS TO INT4 TOTALS 50.08- .00 .00 .00 .00 .00 50.08- INT5 05 27.39- .00 .00 .00 .00 .00 27.39- TRANSFERS TO INT5 TOTALS 27.39- .00 .00 .00 .00 .00 27.39- INT6 TOTALS .00 .00 .00 .00 .00 .00 .00 LARE 93 19.41 .00 .00 .00 .00 .00 19.41 TRANSFERS FROM LARE 94 21.02 1.47 .00 .00 .00 .00 22.49 TRANSFERS FROM LARE 95 .00 .00 .00 .00 .00 41. 90 41. 90 CREDIT REFUND LARE 95 .00 .00 .00 .00 .00 41. 90- 41.90- TRANSFERS TO LARE 01 .00 .00 .00 .00 .00 94.58 94.58 CREDIT REFUND LARE 01 57.04- 6.79- 37.34- 15.11- .00 .00 116.28- TRANSFERS TO LARE 02 .00 28.83 16.19 32.65 .00 283.36 361. 03 PAYMENT REFUND LARE 02 .00 .00 .00 .00 104.86 104.86 CREDIT REFUND LARE 02 106.18 ';4-lftI.lf'I- :gg .00 .00 .00 142.19 248.37 TRANSFERS FROM LARE 03 .00 30.45 18.31 32.24 .00 278.71 359.71 PAYMENT REFUND LARE 03 .00 .00 .00 .00 .00 212.02 212.02 CREDIT REFUND LARE 03 .00 8.71 26.90 16.24 .00 73.15 125.00 TRANSFERS FROM LARE 04 .00 41.22 30.10 33.33 .00 435.84 540.49 PAYMENT REFUND LARE 04 .00 .00 .00 .00 .00 223.90 223.90 CREDIT REFUND LARE 04 500.75 .00 .00 .00 .00 .00 500.75 TRANSFERS FROM LARE 05 .00 66.37 17.41 1.69 .00 979.12 1064.59 PAYMENT REFUND LARE 05 .00 .00 .00 .00 .00 822.17 822.17 CREDIT REFUND LARE 05 1401.34 9.33 14.00 15.17 .00 77.78 1517.62 TRANSFERS FROM LARE 05 3 38.65- 59.18- 62.99- .00 .00 508.04- TRANSFERS TO .00 239.31 94.83 51.23 .00 2873 .14 3258.51 PAYMENT REFUND LARE 06 1849.71 221. 96 141.95 332.04 .00 .00 2545.66 PAYMENT VOID LARE 06 .00 £3.17.52> .00 .00 .00 .00 5122.15 5122.15 CREDIT REFUND LARE 06 4799.37 ; 285.28 147.64 161.42 .00 1315.16 6708.87 TRANSFERS FROM 65.79- 37.03- 99.57- .00 25.00- 1663.94- TRANSFERS TO LARE TOTALS 6856.97 821. 70 373.78 498.34 .00 13013.13 21563.92 OMIT 02 164.59- .00 .00 .00 .00 .00 164.59- TRANSFERS TO OMIT 03 47.81- .00 .00 .00 .00 .00 47.81- TRANSFERS TO OMIT 04 93.13- .00 .00 .00 .00 .00 93.13- TRANSFERS TO OMIT 05 105.93- .00 .00 .00 .00 .00 105.93- TRANSFERS TO OMIT 06 430.81- .00 .00 .00 .00 .00 430.81- TRANSFERS TO OMIT TOTALS 842.27- ./ .00 .00 .00 .00 .00 842.27- OM07 05 25.10- .00 .00 .00 .00 .00 25.10- TRANSFERS TO PREPARED 9/28/07, 19:54:17 TAX ADJUSTMENT LISTING PAGE 22 PROGRAM TX420L 9/01/07 - 9/28/07 City of Laredo BY TRANSACTION DATE PAYMENT RECAP TOTALS BY ENTITY/YEAR ------ENTITY/YR BASE TAX / PENALTY INTEREST COLL FEE DISCOUNT UNAPPLIED TOTAL OM07-TOTALS------25~io=-~v------~OO------~OO------~OO------~OO------~OO------25~io=------ RP06 06 .00 .36 .10 .00 .00 5.13 5.59 PAYMENT REFUND RP06 06 50.69 .00 .00 .00 .00 45.55 96.24 TRANSFERS FROM RP06 06 70.20- ,/ .00 .00 .00 .00 50.69- 120.89- TRANSFERS TO RP06 TOTALS 19.51- .36 .10 .00 .00 .01- 19.06- RTN TOTALS .00 .00 .00 .00 .00 .00 .00 SUPP 02 53.09- .00 .00 .00 .00 .00 53.09- TRANSFERS TO SUPP 03 108.07 6.48 1.08 .00 .00 .00 115.63 TRANSFERS FROM SUPP 03 54.04- 3.24- .54 .00 .00 .00 57.82- TRANSFERS TO SUPP 04 107.27 7.19 1.82 12.29 .00 .00 128.57 TRANSFERS FROM SUPP 04 554.38- 3.22- .54 .00 .00 .00 558.14- TRANSFERS TO SUPP 05 12.59 .88 .25 2.05 .00 .00 15.77 TRANSFERS FROM SUPP 05 1368.61- 3.75- 1. 07 8.77 .00 .00 1382.20- TRANSFERS TO SUPP 06 .00 12.90 3.68 .00 .00 184.22 200.80 PAYMENT REFUND SUPP 06 .00 .00 .00 .00 .00 268.07 268.07 CREDIT REFUND SUPP 06 .00 .00 .00 .00 .00 289.18 289.18 TRANSFERS FROM SUPP 06 3482.88- ./ 120.46- 60.21 .00 .00 366.15- 4029.70- TRANSFERS TO SUPP TOTALS 5285.07- 103.22- 55.53- 5.57 .00 375.32 5062.93- TOTALS 496.48 718.84 318.35 503.91 .00 13388.44 15426.02 ~i?..53 J.t!Jo (p !f. PR.lf>1b I; GtfJf.Jf'l OMi-rofp I /.f30.tl > OM /1"/ p~oR:> .(Jftl.%} OMo1 <. ~5.10 > RPolp <11.5/ > $tJ.ff f')(P <3/+93>.$1> JUpplf~(b <(,8 0 ,":-19> IrJT~ { crO.5;;b ) :;r:N r:3 .( ~.55> -:r:;v T J.f ( 50. 03 > ::r:;v T 5" TOTALS 496.48 718.84 318.35 503.91 .00 13388.44 15426.02 PREPARED 9/28/07, 18:06:01 TAX PERIOD-TO-DATE RECAP PAGE 70 PROGRAM TX450L 9/01/07 - 9/28/07 UPDATED THRU 9/30/07 GEO-BASED City of Laredo TAX YEAR 2006 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 53,661,435.00 .00 .00 4,511. 00 4,511.00 53,656,924.00 BASE TAX PAID 51,738,958.97 298,062.40 1,458.92 179.59 1,279.33 52/035,742.04 BASE PAID FROM DEFERRED .00 .00 .00 .00 .00 .00 +/ - ADJUSTMENTS TO UNPAID TAX .00 .00 .00 .00 .00 OUTSTANDING BASE TAX 1,922,476.03 1,621,181.96 CHARGES LEVIED CHARGES PAID +/ - ADJUSTMENTS TO UNPAID CHARGES OUTSTANDING CHARGES OTHER PAID: PENALTY 510,005.55 33 1 699.47 175.22- 398.34- 573.56- 543,131.46 INTEREST 188,832.96 22,163.65 118.49- 172.47- 290.96- 210,705.65 COLLECTION FEE 218 1 560.91 50,390.56 263.09- 182.03- 445.12- 268,506.35 DISCOUNT .00 .00 .00 .00 .00 .00 UNAPPLIED 32,752.29 2,406.77 .00 9,660.76- 9,660.76- 25,498.30 DEFERRED .00 .00 .00 .00 .00 .00 TOTAL PAID 52,689,110.68 406,722.85 2,015.72- 10,234.01- 12,249.73- 53,083,583.80 PREPARED 9/28/07, 18:06:01 TAX PERIOD-TO-DATE RECAP PAGE 71 PROGRAM TX450L 9/01/07 - 9/28/07 UPDATED THRU 9/30/07 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 .00 .00 .00 .00 .00 .00 BASE TAX PAID .00 .00 .00 .00 .00 .00 BASE PAID FROM DEFERRED .00 .00 .00 .00 .00 .00 +/ - ADJUSTMENTS TO UNPAID TAX .00 .00 .00 .00 .00 OUTSTANDING BASE TAX .00 .00 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 .00 8,017.37 .00 .00 .00 8,017.37 DEFERRED .00 .00 .00 .00 .00 .00 TOTAL PAID .00 8,017.37 .00 .00 .00 8,017.37 PREPARED 9/28/07, 18:06:01 TAX PERIOD-TO-DATE RECAP PAGE 72 PROGRAM TX450L 9/01/07 - 9/28/07 UPDATED THRU 9/30/07 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 487,666,473.48 .00 .00 6,994.51 6,994.51 487,659,478.97 BASE TAX PAID 482,838,569.17 360,138.10 1,263.06 766.58 496.48 483,198,210.79 BASE PAID FROM DEFERRED .00 .00 .00 .00 .00 .00 +/- ADJUSTMENTS TO UNPAID TAX 2,734.03 .00 .00 .00 2 1 734.03 OUTSTANDING BASE TAX 4,825,170.28 4,458,534.15 CHARGES LEVIED CHARGES PAID +/- ADJUSTMENTS TO UNPAID CHARGES OUTSTANDING CHARGES OTHER PAID: PENALTY 14,752,164.20 40,294.48 151. 72- 567.12- 718.84- 14,791,739.84 INTEREST 2,216,835.38 45 / 381.10 81.28- 237.07- 318.35- 2,261,898.13 COLLECTION FEE 6 1 055,462.75 63,109.15 224.60- 279.31- 503.91- 6,118,067.99 DISCOUNT .00 .00 .00 .00 .00 .00 UNAPPLIED 10,277.66 10,424.14 .00 13,388.44- 13,388.44- 7,313.36 DEFERRED .00 .00 .00 .00 .00 .00 TOTAL PAID 505,873,309.16 519,346.97 1,720.66- 1.3,705.36- 15,426.02- 506,377,230.11 COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 10/15/07 Refund ofproperty tax in the amount of$I,828.32 to the following taxpayers; I. A refund of property tax in the amount of $822.00 payable to First American Real Estate Tax due to an overpayment. Account # 980-60001-170. 2. A refund ofproperty tax in the amount of $504.21 payable to Homecomings Financial due to an overpayment. Account # 985-60005-320. 3. A refund ofproperty tax in the amount of$502.1 I payable to AMC Mortgage Services due to an overpayment. Account # 983-51001-240. INITIATED BY: STAFF SOURCE: CYNTHIA COLLAZO, ELIZABETH MARTINEZ ACTING CITY MANAGER TAX ASSESSOR-COLLECTOR PREVIOUS COUNCIL ACTION: City Council has previously approved requests for refunds over $500.00 as required by State Law. BACKGROUND: Every month the Webb County Appraisal District submits to the City ofLaredo changes in values certified by the WCAD Review Board. Some of these changes require tax refunds be issued due to clerical errors, double assessments, over assessments, over 65 exemptions, did not exist on the 1'1 of the year, exempt property and combined properties. As per section 26.15 (f) of the Texas Property Tax Code, "If a correction decreases the tax liability of a property owner after the owner has paid the tax, the taxing unit shall refund to the property owner the difference between the tax paid and the tax legally due. As per Section 31.11 ( c ) of the Texas Property Tax Code, "An application for a refund must be made within three years after the date ofthe payment or the taxpayer waives the right to the refund." A taxpayer may request a refund if an overpayment or an erroneous payment was made. As per Section 42.43 (a) of the Texas Property Tax Code, "If the final determination of an appeal that decreases a property owner's tax liability occurs after the property owner has paid his/her taxes, the taxing unit shall refund to the property owner the difference between the amount oftaxes paid and amount oftaxes for which the property owner is liable. FINANCIAL IMPACT: The City ofLaredo will refund an amount of$I,828.32. It will be paid from line item Revenue/Unapplied Payments. Account # 101-0000-222-0300. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Approval ofthese refunds as detailed above. -~'....:,;--.~'":"-- . .' (:Ily Qrt.....OTJlI otrIce 'rill< A_.cr. Col~4rOl' P,O. !lOx 6S04e II HI Houston 5t IJU., TeXM 7104" • 6548 A»!k&rfmt.ftw '1'1U: f/IIftmtl :J OW/1ur'~ RlIIlte: c..1lI i••• H" WF .ubi A~ (Lolli1lO10ll3l3a10) Pr.ltI\l mailillJ addrcla: 54'1 ZIlqlt Dt. CItY. lOWn or pOll om~I",,~lpcode: L....llc~ TX "*145 Ret\llld pay.blu IlJl(lfdlf'terenl from abO\lll Nallle: AMe " TI.ne,ll'lIlIllIf MIlUm! Iddre..: '.0. BOX ..11 em. sawn 01' ,,~ tI :1..oodQ: PI"'....c/\ !l1101· OSI' PMfICt'lY legal d<:licrlplllJn: .all". ~1lIIHt, 8l.k IIAt24 PlIO PlI_" A~'m. or Joeatiotl of proptnY: 547 Zilq_ nt. P1I I numhcr: 1tH1 ~:::"::.l _ Ir.:TIll~I!":p~a)'~m~tn~I~ln~f'oI"m~l~lIIl:':tIIl~:------ AmOunl(lf V~r Illr which D\lIII ('f lhll Amounlof Ullt ...tIInd .~,,~"~.,~~,,~.~g'M"~"'''''''''''.''.''' ..tfC...1t~!!!.~"", 1!!!!J!J!~., .!'!9!~.!~!' __ no. WUiI:IOtT S 'm.41 • 102,11 TotlllWalld $ 1I'll.1I TAtPft)'or'l reftlon fbr "'lUnd (llItaC;h &II,poa1Inl lkocumtnllllllll): At""'.' h.. cn4lt duo ...... rpllYlIl••1fer a04Ill ...f'.r...... lIUI -.at'll pIIlC1 011 'l2M1111Y .ute MOrlJlt«e "., cit _ l'UIJ26, AI \MI' olllnr _dtt"1Ud rem. wiJI "" _ ftl "'Me· Tu Ptpa_t. rDIIIIlon Iho...glY,", on !hI. t'otm . ___• "ppnJ~1!il ~c=i=~----~ _~, --+--..J ... _ ;...... _..... ~·_,_,_.'J~."I Tn: City of Laredo Till( Office Tax Assessor - Collector P.O. BOX 6S48 1110 HllUSI(ln St. LcirOOo. Texas 78042 • 6548 'wCRditR_c... 101.o000.t~.OOloeF.Ile~.1 .:Applicationfor :tax 'hjuntf Ownel·s nlUlle: VlltltaS GIlld)ls C 8; Joso AlIlllllil. (l.u:.tn 1/6817441085081) Present mailing IIddress: liO!) Forest Lt1rlll City, lown or pClSI oflicc/Nlal~/r.i" "ooe: Laredo, TX 18045 • (js~a Refund payable lo:(lfdifferent f!'Onl a1)(lV( Nume: Pi..., AmOI'ill1lo ROIl Estalo T,u Attn; Refund Depl./FA Mailing allllrcss: P.O. 80X 961150 ClIV, lown or DOst officelBtnte!7.ip code; FlirtWorth. 'l"X 76161.0250 Property lesnl descl'iption: Lot 11 D1k I Meadowland, I Addross or location of property: tiO!) FGrIlit Loop fla,'eel nu,"ber: 980.60001-170/542187 Tall Payment Information: Amount of Year ('or which Unto ofthe AmullRlof tax~fund . ········"",,·,,,,···,,·····""200,·····refund is requested ..·,,·..··_·-·,,·,,· .qtl.\,'p'~'y'!'!!~!!.!" •. ,!~~.s.p"~i!,..." .!~.9.'!t.~,,_. 9/201Zoo1 $ 1,40S.dll $ 822.00 TotllJ Refund s 821.00 T~x.paycr·~ reaSOIl for refund (attach supporting dooumentalioll); Auounr hAS rredir Clue e'l'erpaymenC for ]006 lax y£ltr. The c..xe. were paId on '120/07 Dy Vlleeh.Com clo Homctomi"ll" di 1111018451. As per office l'CScal'eh, l'dund (/ltm ynll ""lice wllliluent 10 First Amtrlcon Rool EsllIte. "I hereby allply tbr the rel\md (lIthe lIbuv;,·described taxes and ccnlfy lhnt the illformlltioJlI hilYC given Oil this form is IruC Hntl QOITtel" 912712007 Dare Ifyuu make 1I falsc statement otthis appllcatioll, you could be fnund guilty ofII ClllSS A mhldelllenor or a stllte juiHelony under TelltS Pc .lde. SedillO. '-10. 912712007 Dale This laX refund is ____OlsspproYed TOTAL P.01 Page: 001 R=95% SEP-27-2007 14:35 From: ID: City ofLaredo Tax Office Tax Assessor - Collector P.O. BOX 6548 1110 Houston St. Laredo, Texas 78042 - 6548 For Credit Refunds Only 101-0000.222·03·QO(DEF,REV.) .Jtyyficationfor Tax 'RefuncC Owner's name: Villarreal Genaro Present mailing address: t626 Sweden Ln. City, town or post office/statelzip code: Laredo, TX 78045 Refund payable to:(if different fi'om abov( Name: Homecomings Financial Attn: Tax Department - Loan #7439325606 Mailing address: 3451 Hammond Ave. City, town or post office/state/zip code: Waterloo, IA 50702 Property legal description: Village Heights, Bll< 5 Lot 32 Unit II Add ress or location of property: 1626 Sweden Ln. Parcel number: 985-60005-320/575808 Tax Payment Information: Amount of Year for wh ich Date ofthe Amount of tax refund .1.·.e.r1!,~~~ i~.. I:~.9.~.e.~.te.~ . .~~!'.. P.~~.~e.'!:t ...... I~!'e.s...p.~.\~." . .1:e.qlJ.~.s.te.~...... "... 2006 9/25/2007 $ 1,324.31 $ 504.21 Total Refund $ 504.21 Taxpayer's reason for refund (attach supporting documentation): Account has credit due overpayment for 2006 tax year. The taxes were paid on 9/25/07 by Homecomings Financial, cl< #11092125, on behalf of property owner. As per request, refund will be sent to Homecomings Financial. "I hereby apply for the refund ofthe above-described taxes and certify that the information I have given on this form is true and correct" As per request, see attached request. 101112007 Signature Date Ifyou make a false statement of this applicatiou, you could be found gUilty ofa Class A misdemeanor or a state jail felony under Texas Pe lode Section 10. Prepared by":::t::~~~~~~Lf.a.~+-~;lo. 10/112007 Date This tax refund is _____Disapproved 101/0 7 izabeth Martinez, RTA Date I Tax Assessor-Collector COUNCIL COMMUNICATION DATE: SUBJECT: STAFF REPORT 10-15-07 DISCUSSION WITH POSSIBLE ACTION TO CONSIDER POLICE OFFICER GILBERT VAZQUEZ, III FIRST REQUEST FOR AN EXTENSION OF INJURY LEAVE WITH PAY IN ACCORDANCE WITH 143.073 (b) OF THE TEXAS LOCAL GOVERNMENT CODE. INITIATED BY: STAFF SOURCE: Carlos Villarreal, City Manager Daniel E. Migura, Jr., Human Resources Director Cynthia Collazo, Deputy City Manager PREVIOUS COUNCIL ACTION: None. BACKGROUND: To be discussed by staff during the City Council meeting. FINANCIAL IMPACT: Funding is available in the 101-2366-521-1110 account. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: None Recommendation will be made by staff during this presentation. COUNCIL COMMUNICATION SUBJECT: EXECUTIVE SESSION DATE: Request for executive session pursuant to Texas Government Code Section 551.072 for 10/15/07 legaladvice regarding consideration for the purchase ofreal propelty for park purposes located at Lot 5, Block 9, Crown Ridge I Subdivision, also known as the 400 block of Shiloh Drive, and in order to avoid any detrimental effect that open session on the same might have on the City's ability to negotiate with third patties; and,l'ettirntoopen session for possible action. INITIATED BY: STAFF SOURCE: Carlos VillmTeal, City Manager PREVIOUS COUNCIL ACTION: None. BACKGROUND: . FINANCIALlMPACT: COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: CITY COUNCIL MEETING AS LAREDO MASS TRANSIT BOARD COMMUNICATION DATE: SUBJECT: MASS TRANSIT BOARD MOTION 10-15-07 Motion to waive bus fare collection to and from the HEB "Feast of Sharing" Sunday, November 18, 2007 as participation by the City of Laredo co-sponsoring this event. HEB will provide a $1,500.00 contribution to offset the fares. INITIATED BY: STAFF SOURCE: Horacio De Leon, Assistant City Manager Feliciano Garcia, LTMI General Manager PREVIOUS BOARD ACTION: None. BACKGROUND: HEB along with the City ofLaredo is co-sponsoring the Feast of Sharing event on Sunday, November 18, 2007. This event will allow less fortunate citizens to enjoy a traditional Holiday Feast at the Civic Center. In order to allow citizens a greater opportunity to attend the "Feast ofSharing", El Metro proposes to provide free service to all citizens who are attending the event. This action in conjunction with the "Feast of Sharing" would convey a spirit of"Community Togetherness" to all the participants and sponsors. The shuttle will start at the Transit Center, 1301 Farragut at 9:30 a.m. and end at 5:30 p.m. This will be the nineteenth year that EI Metro provides free rides to the event, ifthe motion is approved. FINANCIAL: The $1,500 contribution will cover the free rides to the event. Funds will be deposited into account number 558-0000-372-1007. COMMITTEE RECOMMENDATION STAFF RECOMMENDATION: Staff recommends approval ofthis motion. -,,~!faI' _ October 01, 2007 Mr. Feliciano Garcia Jr. Laredo Transit Management Co. 1301 Farragut St. . Laredo, TX 78040 Dear Mr. Garcia, Laredo Transit Management Co. has been a sponsor ofthe Annual "Feast ofSharing" for the past years by providing free bus rides to the citizens ofLaredo and surrounding areas who attend the Thanksgiving Dinner at the Laredo Civic Center. H-E-B has reimbursed Laredo Transit Management Co. for all services provided on the day ofthe dinner. All ofthe "Feast ofSharing" Sponsors provide all services, product and entertainment free ofcharge. We would like to request your help in waving the fee for all the fares and provide your services as a contribution towards the annual "Feast ofSharing". We thank you for your consideration ofour request and appreciate your positive response. Bob Tellez, Director ofRetail Operations Border Region - Southwest Area 1301 GUADALUPE, LAREDO, TEXAS 78040 (956) 724-1761