CITY OF LAREDO CITY COUNCIL MEETING A-2011-R-11 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS 78040 JUNE 20, 2011 5:30 P.M.
5. DISABILITY ACCESS STATEMENT...e 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 6, 2011
V. COMMUNICATIONS AND RECOGNITIONS
Recognitions a. Recognizing the Alexander High School Bulldogs Baseball Team on their 2010-2011 Season accomplishments.
Citizen comments Citizens are required to fill out a witness card and identify themselves at the microphone. Comments should be relevant to City business and delivered in a professional manner. No derogatory remarks will be permitted. There is a time limit of three minutes per speaker.
VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES a. Appointment by Council Member Esteban Rangel of Mr. Judd Gilpin to the Citizens Environmental Advisory Committee.
b. Appointment by Council Member Esteban Rangel of Mr. Roberto Trevino replacing Ms. Claudia Perez to the Airport Advisory Committee. c. Appointments (2) by Council Member Alejandro "Alex" Perez to the Redistricting Commission.
d. Appointment by Mayor Pro-Tempore Johnny Rendon of Mr. Roque Vela, Jr., to the Planning & Zoning Commission.
e. Appointment by Mayor Pro-Tempore Johnny Rendon of Dr. Jacinto Juarez to the Civil Service Commission.
f. Appointment by Council Member Charlie San Miguel of Ms. Maru De La Paz & Ms. Jacqueline L Ramos to the Laredo Commission for Women.
VII. PUBLIC HEARINGS
1. Public hearing and introductory ordinance amending the City of Laredo Colonias Fund Budget in the amount of $1,350,152.00. Texas Water Development Board (TWO B) issued amendment No. 12 to the existing Contract No.'s G13500/G13600/G17000, Project No. 10045 between the City of Laredo and TWDB in the amount of $1,350,152.00 in order to reallocate these funds back into the EDAP program for reuse. Funding for the project was as a result of a $3,200,000.00 savings in the grant received jointly from United States Environmental Protection Agency (USEPA) and the TWDB for the Colonias on Hwy 359. USEPA requested that all projects be completed by 2011. (Approved by Operations & Finance Committees)
2. Public hearing and introductory ordinance amending the City of Laredo Colonias Fund Budget by $1,653,864.00. NADBank issued an amendment to the existing grant agreement No. 23-48/00, Improvements to the Water and Wastewater Services in the Colonias Grant Agreement between the City of Laredo and NADBank in the amount of $1,653,864.00 to allow the City to perform water and sewer hookups in the Mines Rd. area. Funding for the project was as a result of a $3,200,000.00 savings in the grant received jointly from United States Environmental Protection Agency (USEPA) and the Texas Water Development Board (TWDB) for the Colonias on Hwy 359. USEPA requested that all projects be completed by 2011 and authorized the use of $1 ,653,864.00 for the Mines Road House to Line project. (Approved by Operations & Finance Committees)
3. Public hearing and introductory ordinance amending the City of Laredo FY 2010-2011 Waterworks Operations Fund by appropriating an additional $1,375,144.00 from the opening balance. These funds are from the balance of the United Water Settlement which will be used to cover the cost of the improvements needed to house the Department's Billing Division at the City Hall Annex on Loop 20. The appropriation will be set up as a transfer out of the Capital Improvement Fund. The FY 2010-2011 Capital Improvement Fund budget will be amended and appropriated in the amount of $1,375,144.00 for the City Hall Annex. (Approved by Operations & Finance Committees)
2 4. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by repealing Ordinance No. 2006-0- 230, a Conditional Use Permit issued for an adult day care on Lot 1, Block 4, Concord Hills Community Subdivision Phase II, located at 601 Concord Hills Boulevard; and authorizing the issuance of a Conditional Use Permit for a child day care on Lot 1, Block 4, Concord Hills Community Subdivision Phase II, located at 601 Concord Hills Boulevard; providing for effective date and publication.
Staff supports the application and the Planning and Zoning Commission recommends approval of the Conditional Use Permit. District I
5. Public hearing and introductory ordinance amending Ordinance 2005- 0-069 authorizing a Special Use Permit for oil and/or gas extraction on 4 acres, as further described by metes and bounds in attached Exhibit "A", located east of Highway 83 and north of Cielito Lindo Boulevard in order to reflect change of ownership; providing for publication and effective date.
Staff supports the application and the Planning & Zoning Commission recommends approval of the Special Use Permit. District I
6. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 4, 5 & 6, Block 1 o74-A, Western Division, located at 4301 Santa Cleotilde Avenue, from R- 3 (Mixed Residential District) to M-1 (Light Manufacturing District); providing for publication and effective date.
Staff supports the application and the Planning & Zoning Commission recommends approval of the zone change. District VII
7. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 4-A, Block 8-A, Las Brisas Del Mar Phase I Subdivision, located at 8602 McPherson Road, from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date.
Staff does not support the application and the Planning & Zoning Commission recommends denial of the zone change. District VI
(Recess) (Press Availability)
VIII. INTRODUCTORY ORDINANCES
8. Amending the City of Laredo Code of Ordinances, Chapter 33, Article I entitled "General" by deleting eight (8) year term limits in §33-1 "Citizen's Environmental Advisory Committee" (C) as per City Council request;
3 providing for severability and an effective date. (Approved by Operations & Finance Committees)
IX. FINAL READING OF ORDINANCES
9. 2011-0-078 Authorizing the City Manager to decrease the contract with the Texas Department of State Health Services by reducing funds in the amount of $12,640.00 due to FY11 mid-year realignment of funds as children are being assisted through other programs. The Health Department Maternal and Well Child Services will receive a total award of $75,000.00 to provide early wellness and screening, medical and dental services for children who are underserved, uninsured and medically indigent for the term beginning September 1, 2010 through August 31, 2011.
2011-0-079 Authorizing the City Manager to decrease the contract with the Texas Department of State Health Services by reducing funds in the amount of $5,000.00 due to FY11 mid-year realignment of funds as patients are being assisted through other resources such as CHIP Perinatal. The Health Department Maternal and Child Health (MCH-Title V) Program will receive a total award of $41,000.00 for the continuation of prenatal care services, women's health and wellness, and child early detection and prevention care for the medically indigent, underserved and uninsured. This program is for the period beginning September 1, 2010 through August 31, 2011.
2011-0-080 Authorizing the City Manager to accept from the Federal Emergency Management Agency (FEMA) an additional $23,626.00 in disaster assistance resulting from Hurricane Alex flooding with the City providing a 25% match, and authorizing an amendment to the City of Laredo's Fiscal Year 2011 Parking Meters Fund to appropriate such proceeds for the replacement of street lights at several City owned parking lots; and ordaining other matters relating to the subject.
2011-0-081 Amending the City of Laredo 2010-2011 Utilities 2009 Bond Budget by appropriating revenues and expenditures in the amount of $225,556.00. Liberty Mutual Surety, the bonding company for SLC Construction, agreed to reimburse the City of Laredo a contribution in the amount of $225,556.00.
2011-0-082 Authorizing the City Manager to accept and execute the amendment to the Federal Transit Administration (FTA) Grant TX-04-005- 01, Section 5309, in the amount of $1,773,000.00 with a local match of $442,250.00, for a total grant budget of $2,216,250.00; and to amend the FY 2010-2011 Transit Capital Grants Budget in the amount of $2,216,250.00 to be used for the Transit "Administrative IOperational IMaintenance Facility".
4 2011-0-083 Authorizing the City Manager to execute a License Agreement between the City of Laredo, Texas ("Licensor"), and Texas Telecommunications, LP, a Texas limited partnership ("Licensee"), for space on the tower located at 1501 Water Street, for installation and operation of antennae facilities. Term of the lease is five (5) years, with three (3) successive renewal terms of five (5) years. Annual base rent shall be $15,000.00, with a three percent (3%) increase on each anniversary of the commencement date; and providing for effective date.
2011-0-084 Ratifying the execution of easement documents for the conveyance to AEP Texas Central Company; a tract of land containing 1.94 acres being out of the 270.00 acre tract situated in Porcion 06 and Porcion 07, Abstract 38 and Abstract 39, Bias Maria Diaz Original Grantee, Webb County, Texas; same being a tract of land conveyed to the City of Laredo as recorded in Volume 2995, Pages 165-210, Webb County Official Public Records. Said tract of land being more particularly described by metes and bounds and boundary survey in attached Exhibit A. Said tract is needed for the installation of electrical facilities to serve the Municipal Golf Course Facility and providing for effective date.
X. RESOLUTIONS
10. 2011-R-055 Authorizing the City Manager to submit an application to the United States Foreign-Trade Zones Board for a Temporary Boundary Modification on behalf of Sony Electronics Inc., in accordance with Ordinance No. 2000-0-183 dated July 24,2000. The Temporary Boundary Modification consists of temporarily transferring the designation up to (14) acres from the City of Laredo, Foreign-Trade Zone Site No.1, located at the Laredo International Airport to the new temporary site which shall be designated as Proposed Site No. 12 located at 11302 Eastpoint Dr., Building B within the San Isidro Ranch East Point Center in Laredo, Texas. (Approved by Operations Committee)
11. 2011-R-056 Authorizing the City Manager to accept a grant from the Federal Bureau of Investigation in the amount of $20,000.00. The agreement's purpose is to reimburse costs for overtime incurred by the Laredo Police Department in providing resources for joint operational task forces. The term of this agreement is from June 1, 2011 through September 30,2011. (Approved by Operations Committee)
XI. MOTIONS
12. Consideration for approval of the Ejido Avenue/Stewart Street Drainage Improvements as complete and approval of change order no. 4, a decrease of $3,947.50 for the balance of quantities actually constructed in place and to add forty (40) working days to the construction contract time, release of retainage and approval of final payment in the amount of $28,749.17 to Jerry Resendez Enterprises, Inc., Laredo, Texas. Final construction
5 contract amount is $287,491.68. Funding is available in the 2007 Environmental Services C.O. (Approved by Operations Committee)
13. Consideration to ratify the City Manager's approval of an emergency purchase authorization to Sunbelt Air Condition, Laredo, Texas, in the amount of $92,500.00 for the purchase and installation of a replacement air condition chiller system for the City Hall building. The City Hall chiller system was in dire need of replacement to avert long term disruption of operations at this facility. Funding is available in the Capital Improvement budget.
14. Consideration to award contract number FY11-087 to the sole bidder Pulsar Construction, Inc., Laredo, Texas, in the amount of $ 77,777.00 for re plastering the Civic Center swimming pool. Funding is available in the Center Pool Rehab account.
15. Authorizing the City Manager to approve change order no. 1 to QRO Mex Construction, Inc., for the 24" Transmission Water Main Improvements. This change order will add additional time to the existing contract for the contractor to install two (2) additional sewer manholes and an additional sewer line per Mr. Paul Young's request. Paul Young Properties, LTD., agreed to pay for the additional costs associated with this change. The change order will also cover the cost of additional fittings needed to adjust the alignment of the waterline. The existing contract amount of $4,063,060.00 remains unchanged. (Approved by Operations Committee)
16. Authorizin~ the City Manager to grant a public fireworks display permit for the July 41 , 2011, Independence Day Celebration at the Alexander Estates Crossing located in the Conservatory River at Alexander Crossing at 9:15 p.m. The technician for the display will be Atlas Enterprises Incorporated. (Approved by Operations Committee)
17. Authorizin~ the City Manager to grant a public firework display permit for the July 4 h, 2011, Independence Day Celebration at the Laredo Country Club located at 1415 Country Club Drive at 9:15 p.m. The technician for the display will be Bay Fireworks & International Pyro Incorporated. (Approved by Operations Committee)
18. Approval for students from the Sister Cities Youth Committee to travel to Laredo, Cantabria, Spain or Buenos Aires, Argentina to participate in the Youth Committee Exchange Program and approval of expenditures in the amount of $30,000.00. The program will serve as a catalyst for youth advancement through innovative and cross-cultural educational programs with our worldwide sister cities; and provide an excellent opportunity for promoting the City of Laredo in Spain or Argentina. Funds are available in the Sister Cities Youth Committee Account. City Council finds and declares that a valid public purpose will be served by this expenditure.
6 19. Refund of property tax in the amount of $1,496.72 payable to Jane Martha Lira due to an overpayment, account no. 987-24003-140.
XII. CONSENT AGENDA
Resolutions and Motions previously brought before Operations and Finance Committees may be approved by City Council categorically EN MASSE. At Council's request, specific items may be withheld from the consent agenda for individual treatment.
XII (a) RESOLUTIONS
20. 2011-R-057 Authorizing the City Manager to execute Advanced Funding Agreement (A FA) no. CSJ-0922-33-100, Amendment no. 1 with the Texas Department of Transportation for the Chacon Creek Hike and Bike Trail, in the amount of $2,975,261.00 ($668,652.00 Federal, $42,735.00 State) with a local match of $2,263,874.00. This amendment revises the project budget to reflect the project cost for Phase-1 and de-obligated the additional funding from this project previously obligated under Phase-II (CSJ-0922-33- 142). Matching funding is available in the 2008 C.O. issue. Phase I is currently under construction and should be completed in the next thirty (30) days. (Approved by Operations & Finance Committees)
21. 2011-R-058 Authorizing the City Manager to execute Advanced Funding Agreement (A FA) no. CSJ-0922-33-142 with the Texas Department of Transportation for the Chacon Creek Hike and Bike Trail- Phase-II, in the amount of $1,586,529.00 ($1,269,224.00 Federal, $213,020.00 State) with a local match of $104,285.00. Matching funds are available in the 2008 C.O. issue. The City has currently issued request for qualifications for engineering of Phase II of this project. (Approved by Operations & Finance Committees)
22. 2011-R-059 Authorizing the withdrawal of the City of Laredo's, Texas Department of Transportation, Spur 400 Grade Separation Pass Thru Toll application. (Approved by Operations & Finance Committees)
XII (b) MOTIONS
23. Authorizing the City Manager to initiate a Downtown Fagade Restoration Program to provide matching grants up to $15,000.00 to commercial property owners and business owners in the Laredo Main Street District, Arts and Entertainment District and Central Business District to encourage restoration projects of building facades and to enhance the buildings overall exterior appearance. Provision of the assistance is contingent upon the creation and/or retention of jobs. Funding in the amount of $106,000.00 is available in the 36th Action Year Community Development Block Grant (CDBG) Downtown Fagade Restoration Grant. (Approved by Operations & Finance Committees)
7 24. Consideration for approval to reject the three (3) bids received for the Civic Center Soft Walking Track and approval to re-bid the project since two (2) of the bids had technical errors in the bid proposal and in the specifications, and the third bid was over the budget amount available. (Approved by Operations & Finance Committees)
25. Consideration to amend annual supply contract number FY10-066 awarded to the low bidder, Arguindegui Oil Co., Laredo, Texas, for the purchase of unleaded and diesel fuel for the City of Laredo's fleet, by increasing the contract award in the amount of $875,000.00. The new contract total will be $4,375,000.00. The contract amount is being modified as a result of an industry wide increase in the cost of automotive fuel. Funding is available in the Fleet Maintenance Fund. (Approved by Operations & Finance Committees)
26. Consideration to award supply contract number FY11-085 to Brothers Materials, Laredo, Texas in the estimated amount of $742,500.00, for the purchase of flexible base-caliche, flexible base type A, flexible base type B, and sand. These materials are used by City departments for all City paving and construction projects. The term of this contract is for a one (1) year period and is subject to the availability of funds. All materials are purchased on an as needed basis utilizing the Public Works and Utilities Department construction projects budgets. (Approved by Operations & Finance Committees)
27. Consideration to award supply contract number FY11-065 to the following low bidders, for the purchase of mechanical joint fittings, valve boxes and pipe tubing for the Utilities Department:
1. Sections III, VI, to HD Supply Waterworks, Atlanta, GA in the estimated amount of $269,361.02;
2. Sections I, II, IV, VII, VIII to Ferguson Waterworks, Newport News, VA in the estimated amount of $728,581.25;
3. Sections V, to Aguaworks Pipe & Supply, Brownsville, TX in the estimated amount $10,511.20.
These materials are purchased on an as needed basis by the Utilities Department- Water Operations for construction and repair projects. Funding is available in the Utilities Department Fund. (Approved by Operations & Finance Committees)
28. Consideration to award contract number FY11-077 to Benlee Inc., Romulus, Michigan, in the amount of $94,293.00 for the purchase of one (1) roll-off trailer and four (4) twenty five (25) cubic yard containers in order to haul and dispose of wastewater bio-solids from the Southside Wastewater Treatment Plant. This equipment will help control wastewater bio-solids overflow during the rainy season. Funding is available in the Utilities
8 Department-2009 Utility Bond. (Approved by Operations & Finance Committees)
29. Consideration to ratify the City Manager's approval of an emergency purchase authorization to Rovan, LLC., Mercedes, Texas, in the amount of $51,554.00 for the installation of one (1), 24" magnetic flow-meter, the construction of meter vault and the relocation of two (2) butterfly valves at the Mary Help of Christian Booster Station. This project will improve water pressure and volume in the Northeast area of the City. Funding is available in the 2009 Series C Utilities Bond proceeds. (Approved by Operations & Finance Committees)
30. Consideration to renew contract FY09-056 to HD Supply Waterworks, San Antonio, Texas, in the amount of $466,021.69, for the purchase of turbine and compound cold water meters for the Utilities Department. This contract renewal includes a 6% price increase from the previous contract period due to materials price increase. The contract will allow the department to purchase meters on an as needed basis. Funding for the purchase of these meters is available in the Utilities Department Budget. (Approved by Operations & Finance Committees)
31. Consideration for acceptance, and release of remaining 1% retainage in the amount of $21,097.83, to DEH Construction Co., LLC., for Contract No.3 Generators and Electrical Controls for the Booster Station Improvement Project. The generators have been delivered and are pending start up by the manufacturer. The final contract amount is $2,109,783.65. Funding is available in the retainage account. This project was funded by the American Recovery and Reinvestment Act (ARRA) in the amount of $1,306,042.52 and the City of Laredo in the amount of $803,741.13. This is subject to approval of the Texas Water Development Board (TWDB). (Approved by Operations & Finance Committees)
32. Authorizing the City Manager to execute the construction contract to the lowest bidder Pesado Construction, Schertz, Texas, in the amount of $1,693,866.40 for the construction of a 16" Water Main, Mines Road-FM 1472. The construction time is one hundred eighty (180) working days. Funding is available in the 2010 Utility Bond. (Approved by Operations & Finance Committees)
33. Authorizing the City Manager to execute the renewal option to the contract with SMG, for management services for the operations of the Laredo Energy Arena (LEA) formerly Laredo Entertainment Center (LEC) the main terms of which include:
1. An additional three (3) year term renewal option;
2. A fixed annual management fee of $120,000.00;
3. 4% of the food and beverage gross revenues; and,
9 4. Incentive fee of 30% of the Net Operating Profits
The additional three year (3) period will commence December 1, 2011 and end November 30, 2014 on terms mutually agreed upon. (Approved by Operations & Finance Committees)
END OF CONSENT AGENDA
XIII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS
34.
A. Request by Council Member Alejandro "Alex" Perez
1. Discussion with possible action to direct the City Manager to prepare a Memorandum of Understanding between the City of Laredo and the Laredo Independent School District so as allow the City to furnish exercise equipment to Ryan Elementary School.
2. Discussion with possible action to enter into a contract with George M. Becklehymer, et aI, for the rental of the "Canseco" building located at 1415 Chihuahua, for a nominal yearly rental with a view towards a subsequent donation of the building to the City of Laredo by Becklehymer, et aI, and to authorize the City Manager to execute all related documents.
B. Request by Council Member Charlie San Miguel
1. Discussion with possible action to consider options to provide the Traffic Division (motorcycle/bicycle) of the Police Department with lightweight uniforms and/or equipment during the hot summer months.
XIV. STAFF REPORTS
35. Presentation on the Fiscal Year (FY) 2011 Audit Plan in accordance with Ordinance No. 2011-0-077, with possible action.
XV. 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.
10 XVI. ADJOURNMENT
This notice was posted at the Municipal Government Offices, 1110 Houston Street, Laredo, Texas, at a place convenient and readily accessible to the public at all times. Said notice was posted on Wednesday, June 15, 2011 at 6:30 p.m.
11 COUNCIL COMMUNICATION
DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the City of Laredo Colonias Fund Budget in the amount of$I,350,152. Texa~ 6120/2011 Water Development Board (TWDB) issued amendment No. 12 to the existing Contrac No.'s 013500/013600/017000, Project No. 10045 between the City of Laredo and TWDB in the amount of$I,350,152 in order to reallocate these funds back into the EDAP program for reuse. Funding for the project was as a result of a $3,200,000 savings in the grant received jointly from USEPA and the TWDB for the Colonias on Hwy 359. USEP A requested that all projects be completed by 2011. INITIATED BY: STAFF SOURCE: Jesus M. Olivares, Asst. City Manager Tomas M. Rodriguez, Jr., P.E. Utilities Director
PREVIOUS COUNCIL ACTION: On 11/20/00 City Council approved grant through resolution 2000~R-157; on 11118/02 approved amend. No. 1-2002-R-104; on 9/4/07 amend no. 5 - 2007-R-072; on 5/5/08 amend no. 6 - 2008-0-87; on 11117/08 amend no. 7 - 2008-R-133; on 3/16/09 issued resolution 2009~R~022 to amend resolution 2008~R-133; on 7/6/09 issued resolution 2009 R-078 to amend resolution 2009-R-022. BACKGROUND: The City of Laredo signed a grant agreement with Texas Water Development Board (TWDB) on August 16,2000. This was comprised of $1,451,000 in loans and $15,319,920 in grant funds from the Economically Distressed Program (EDAP) account for water and wastewater system improvements. The project was to provide first time service to five unincorporated subdivisions in the Mines Rd. area and ten unincorporated subdivisions in the SH 359 area, all within the City's extraterritorial jurisdiction.
In 2007, TWDB increased its EDAP funding commitment to $25,370,151 in grant funds and $2,366,000 in loan funds. The grant funds made available for this project were part of the Colonia Wastewater Treatment Assistance Program (CWTAP). Construction of all projects was completed in May 2010.
Approximately $3.2 million in savings was achieved for the construction of the project from the estimates at the time of commitment. The City requested use of $1,851,267 of this surplus to do hookups in the SH 359 area and requested reinstatement of $121,817 for water treatment capacity buy- in. TWDB will place the remaining funds back into the EDAP program for reuse. FINANCIAL IMPACT:
Original Budget Amendment Amended Budget Colonias Fund Revenues: TWDBGrant $25,370,152 ($1,350,152) $24,020,000 Expenditures: Division 8310 $25,370,152 ($1,350,152) $24,020,000
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Finance & Operations Committee Conduct Public Hearing and Introduce this Ordinance ORDINANCE 2011-0-
AMENDING THE CITY OF LAREDO COLONIAS FUND BUDGET BY REALLOCATING REVENUES AND EXPENDITURES IN THE AMOUNT OF $1,350,152. TEXAS WATER DEVELOPMENT BOARD (TWDB) ISSUED AMENDMENTNO. 12 TO THE EXISTING CONTRACT NO.'S G13500/G13600/GI7000. PROJECT NO. 10045 BETWEEN THE CITY OF LAREDO AND TWDB IN THE AMOUNT OF $1,350,152 IN ORDER TO REALLOCATE THESE FUNDS BACK INTO THE EDAP PROGRAM FOR REUSE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Colonias Fund is amended as follows:
Original Budget Amendment Amended Budget Colonias Fund Revenues: TWDBGrant $25,370,152 ($1,350,152) $24,020,000
Expenditures: Division 831O $25,370,152 ($1,350,152) $24,020,000
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2011
RAUL G. SALINAS MAYOR
ATTEST:
GUSTAVO GUEVARA, JR., CITY SECRETARY
APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY
BY: VALERIA------M. ACEVEDO ASSISTANT CITY ATTORNEY TWDB Project No. 10045 TWDB Contract Nos. G13500, G13600, G17000 Amendment No. 12 STATE OF TEXAS § § COUNTY OF TRAVIS §
TEXAS WATER DEVELOPMENT BOARD
AND
CITY OF LAREDO, TEXAS
Pursuant to the authority granted by and in compliance with the provisions of Texas Water Code, Section 6.190, as amended, the Texas Water Development Board (TWDB), duly acting by and through its Executive Administrator, and the City of Laredo (City) entered into TWDB Contracts No. G 13500, G 13600, and G 17000 (the Agreement), made and entered on August 16, 2000, and amended on February 20,2002, July 15,2005, June 15,2006, February 28, 2007, April 2, 2008, March 31,2009, August 13,2009, January 20,2010, May 28,2010, August 31,2010, and December 1, 2010, is further amended as follows:
ARTICLE I. RECITALS
The TWDB and the City (the Parties) agree that the following representations are true and correct and fonn the basis for this Amendment No. 12:
1.01. The Parties entered into the Agreement in order to provide financial assistance to the City for the water and wastewater projects to design and construct utility system improvements to provide first time water and wastewater service to certain areas (the Project), as is more specifically described in the Agreement and corresponding supporting documentation.
1.02. Based on the construction savings achieved, the TWDB has determined that it is appropriate to reduce the CWTAP commitment amount from $25,370,152.00 to $24,020,000.00 which is a reasonable amount for hook-ups, water and wastewater treatment capacity buy-in, and any foreseeable contingency.
1.03. The Parties agree that it is reasonable and necessary to amend the Project Budget, as shown in the Amended Exhibit B to reflect the reduction and reallocation of grant funds to allow for the completion of the Project and obtain the benefits of the Agreement.
1.04. The Agreement expires on May 31, 2011. The City has requested an extension of time in order to use remaining funds to complete all proposed water and sewer connections in both the Mines Road and State Highway 359 areas.
Page 1 of3 1.05. The Parties agree that it is reasonable and necessary to amend the Project Schedule, as shown in the Amended Exhibit C, to allow for the completion of the Project and obtain the benefits of the Agreement.
1.06. The Parties mutually agree that it is in the best interests of the Parties and the public beneficiaries of the Project to amend the Agreement as provided herein.
ARTICLE II. AMENDMENTS
In consideration of the performance of their mutual agreements, as set forth in the Agreement and this Amendment, the PARTIES have agreed to the following amendment to the Agreement:
2.01. Exhibit B (Project Budget) referenced therein are hereby amended to reflect the amended commitment and reallocation of funds, providing for the construction of hookups. A new Project Budget reflecting agreed budget modifications, denominated as i h Amended Exhibit B, is attached hereto and incorporated herein by this reference. It is mutually agreed that any reference in the Agreement as amended to the Project Budget or Exhibit B shall be deemed a reference to the i h Amended Exhibit B.
2.02 Section 4.07 (TERM) and Exhibit C (Project Schedule) referenced therein are hereby amended to reflect the extension of the term of the Agreement, being the time within which the City is to complete and close out activities related to the Project and to exhaust the available grant funds. A new Project Schedule reflecting agreed schedule modifications, denominated as 9th Amended Exhibit C, is attached hereto and incorporated herein by this reference. It is mutually agreed that any reference in the Agreement as amended to the Project Schedule or Exhibit C shall be deemed a reference to the 9th Amended Exhibit C.
2.03. Pursuant to Section 5.03 (MODIFICATION AND WAIVER), except as modified by this Amendment No. 12, all terms and conditions of the Agreement remain in full force and effect. No further modification of any provision ofthe Agreement or any Amendment thereto shall be effective unless such modification is in writing and signed by duly authorized representatives of each party, expressly stating that such writing is intended to be a modification of the Agreement or the Amendments thereto. The failure of any party to insist upon strict performance of any of the terms, provisions, or conditions of the Agreement or its Amendments shall not be construed as a waiver or relinquishment for the future performance or enforcement of any such term, provision, or condition or any other term, provision, or condition.
Page 2 of3 This Amendment is effectias of the date when both Parties have... ,cuted this document.
TEXAS WATER DEVELOPMENT BOARD CITY OF LAREDO, TEXAS
Melanie Callahan Carlos R. Villarreal Interim Executive Administrator City Manager~"'::;~p-~:;-
Date:_~-,+-0-Y«/'--'iI(______
Page 3 of3 ATTACHMENT I
7TH AMENDED EXHIBIT B - PROJECT BUDGET
TWDB PROJECT NO. 10045 TWDB CONTRACT NO. G13500/G13600/G17000 (TWDB BOARD COMMITMENT NOS. 00-97 & 07-11)
CITY OF LAREDO MINES ROAD/STATE HIGHWAY 359 WATER AND WASTEWATER PROJECT WEBB COUNTY, TEXAS
WASTEWATER PROJECT G 13600
ATTACHMENT I, Page 1 of2 G13500 & WATER PROJECT G17000
TOTAL PROJECT: $25,370,152.00 ($1,350,152.00) $24,020,000.00
ATTACHMENT I, Page 2 of 2 ATTACHMENT II
9TH AMENDED EXHIBIT C - PROJECT SCHEDULE
TWDB PROJECT NO. 10045 TWDB CONTRACT NO. G13500/G13600/G17000 (TWDB BOARD COMMITMENT NOS. 00-97 & 07-11)
CITY OF LAREDO MINES ROAD/STATE HIGHWAY 359 WATER AND WASTEWATER PROJECT WEBB COUNTY, TEXAS
ATTACHMENT II, Page 1 of 1 COUNCIL COMMUNICATION
DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the City of Laredo Colonias Fund Budget by $1,653,864. NADBank issued an 6/20/2011 amendment to the existing grant agreement No. 23-48/00, Improvements to the Water and Wastewater Services in the Colonias Grant Agreement between the City of Laredo and NAD Bank in the amount of $1,653,864 to allow the City to perform water and sewer hookups in the Mines Rd. area. Funding for the project was as a result of a $3,200,000 savings in the grant received jointly from USEP A and the TWDB for the Colonias on Hwy 359. USEPA requested that all projects be completed by 2011 and authorized the use of$1,653,864 for the Mines Road House to Line project. INITIATED BY: STAFF SOURCE: Jesus M. Olivares, Asst. City Manager Tomas M. Rodriguez, Jr., P.E. Utilities Director
PREVIOUS COUNCIL ACTION: On December 18, 2000, City Council approved Resolution 2000-R-142 authorizing the City Manager to receive a grant from the North American Development Bank (NADB) in the amount in the amount of $6,231,450.
BACKGROUND: The City of Laredo received a grant from the North American Development Bank (NADBank) on 12/18/2000 in the amount of $6,231,450. Concurrently, the City of Laredo received funds from Texas Water Development Board (TWDB). Due to the downfall of the economy, the City was able to complete all the projects funded by TWDB at a cost that was lower than the amount that was budgeted. As a result, there were surplus funds. The U.S. Environmental Protection Agency (USEPA) requested completion of all CWTAP projects, including hookups. Therefore, to expedite the completion of this project, the USEPA committed additional Border Environment Infrastructure Funds through the North American Development Bank for the completion of water and wastewater hook-ups in the Mines Road project areas. The water infrastructure in the Mines Road area was funded as part of the TWDB's project. FINANCIAL IMPACT:
Original Budget Amendment Amended Budget Colonias Fund Revenues: NAD Bank Grant $6,231,450 $1,653,864 $7,885,314 Expenditures: Division 8311 $6,231,450 $1,653,864 $7,885,314
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Finance & Operations Committee Conduct Public Hearing and Introduce this Ordinance ORDINANCE 2011-0-
AMENDING THE CITY OF LAREDO COLONIAS FUND BUDGET BY APPROPRIATING REVENUES AND EXPENDITURES IN THE AMOUNT OF $1,653,864 NADBANK ISSUED AN AMENDMENT TO THE EXISTING GRANT AGREEMENT NO. 23-48/00, IMPROVEMENTS TO THE WATER AND WASTEWATER SERVICES IN COLONIAS GRANT AGREEMENT BETWEEN THE CITY OF LAREDO AND NADBANK IN THE AMOUNT OF $1,653,864 TO ALLOW THE CITY TO PERFORM WATER AND SEWER HOOKUPS IN THE MINES RD AREA.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Colonias Fund is amended as follows:
Original Budget Amendment Amended Budget Colonias Fund Revenues: NADBank: Grant $6,231,450 $1,653,864 $7,885,314
Expenditures: Division 8311 $6,231,450 $1,653,864 $7,885,314
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2011
RAUL G. SALINAS MAYOR
ATTEST:
GUSTAVO GUEVARA, JR., CITY SECRETARY
APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY BY: ______VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION
DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE 6/20111 Amending the City of Laredo FY 2010-2011 Waterworks Operations Fund by appropriating an additional $1,375,144.00 from the opening balance. These funds are funded from the balance of the United Water Settlement which will be used to cover the cost of the improvements needed for housing of the Department's Billing Division in the City Hall Annex on Loop 20. The appropriation will be set up as a transfer out to the Capital Improvement Fund. The FY 2010-2011 Capital Improvement Fund budget will be amended and appropriated in the amount of$1,375,144.00 for the City Hall Annex. INITIATED BY: STAFF SOURCE: Jesus M. Olivares, Assistant City Manager Tomas M. Rodriguez, Jr. P.E., Utilities Dir. PREVIOUS COUNCIL ACTION: During the Budget Process Approval ofFY 2011 Council authorized not to withhold (Restrict) the United Water Settlement any further and release the remaining $1,375,144.00 of the original $3,000,000 into the Water Fund balance.
BACKGROUND: This appropriation of revenue is to be provided in the contribution of the Utilities Department cost in improvements needed for housing ofthe Departments Billing Division. Previously under the Budget Process of FY 2011, funds initially provided in settlement of United Water Laredo release of contract for the operations of the facilities was authorized to no longer hold as restricted and release in the Water Fund balance.
It is expected that substantial renovations and communication improvements will be necessary to modify the existing facility to house employees of the City of Laredo, Water Utilities Department, Billing Division and provide the necessary customer service expectations in providing customers with a location for providing payment, changes to account, and opening or closing their accounts.
FINANCIAL IMPACT: Original Amended Budget Amendment Budget Waterworks
Opening Balance 19,372,711 (1,375,144) 17,997,567
Transfer Out-CIF - 1,375,144 1,375,144 elF
Transfer In-Waterworks - 1,375,144 1,375,144
City Hall Annex 150,000 1,375,144 1,525,144
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Operations Committee Introduce Ordinance Finance Committee INTRODUCTORY ORDINANCE
Amending the City of Laredo FY 2010-2011 Waterworks Operations Fund by appropriating an additional $1,375,144.00 from the opening balance. These funds are funded from the balance of the United Water Settlement which will be used to cover the cost of the improvements needed for housing of the Department's Billing Division in the City Hall Annex on Loop 20. The appropriation will be set up as a transfer out to the Capital Improvement Fund. The FY 2010-2011 Capital Improvement Fund budget will be amended and appropriated in the amount of $1,375,144.00 for the City Hall Annex.
WHEREAS, the City of Laredo will be entering into an Agreement to develop a new City Annex at the Paul Young Dealership in order to incorporate a location for customer service to include IT, Traffic Department, and Fleet Management, and;
WHEREAS, the cost of the new City Annex will house the Customer Service Section of the Utilities Department Billing division.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: Revenue appropriated is hereby amended as follows:
Original Amended Budget Amendment Budget Waterworks
Opening Balance 19,372,711 {1,375,144} 17,997,567
Transfer Out-CiF 1,375,144 1,375,144 elF
Transfer In-Waterworks 1,375,144 1,375,144
City Hall Annex 150,000 1,375,144 1,525,144
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2011.
RAUL G. SALINAS MAYOR ATTEST:
GUSTAVO GUEVARA, JR., CITY SECRETARY
APPROVED AS TO FORM: Y'~tf).~ VALERIA ACEVEDO ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION
Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) of the City of Laredo by repealing ordinance No. 2006-0- 06/20/11 230, a Conditional Use Pennit issued for an adult day care on Lot 1, Block 4, Concord Hills Commu nity Subdivision Phase II, located at 601 Concord Hills Boulevard; and authorizing the issuance of a Conditional Use Pennit for a child day care on Lot 1, Block 4, Concord Hills Community Subdivision Phase II, located at 601 Concord Hills Boulevard; providing for effective date and publication. District I ZC-26-2011 Initiated by: Staff source: Veronica Ugalde Nathan R. Bratton Concord Hills Community Association Interim Planning Director
Prior action: The Planning and Zoning Commission recommended approval of a CUP for an adult day care at this location at their meeting of July 20, 2006. City Council approved the CUP at their meeting of 09118/2006 (2006-0- 230).
BACKGROUND Council District: I - Honorable Mike Garza Proposed use: Child Day Care
Site: The site is occupied by a vacant structure, fonnerly Amigos Adult Day Care Center and originally the community center for the Concord Hills Subdivision. Surrounding land uses: The site is surrounded by single family residences on the west, south and east. There is a strip of industrial uses further east, including EXTERRAN, NOV Distribution, Rosetta Resources, One Way Hauling, and Franks. To the north of the site is vacant land, The Education Center [child day care], and a Valero gas/Stripes convenience store. North of Highway 359 is the UISD Student Activity Center, a fire sta tion, and a police substation. Comprehensive Plan: The Comprehensive Plan identifies this area as Medium Density Residential. Transportation Plan: The Long Range Thoroughfare Plan identifies Concord Hills Boulevard as a Major Col lector; Minutemen Drive and Gage Loop are not identified on the Plan.
Letters sent to surrounding property owners: 52 In Favor: 1 Opposed: 1 STAFF COMMENTS
Staff supports the proposed Conditional Use Pennit at this location and recommends the following provisions be attached to the issuance of a C.u.P.
1. The C.U.P. shall be issued to Veronica Ugalde and is nontransferable. 2. The C.U.P. is restricted to the site plan, Exhibit "A", which is made part hereoffor all purposes. 3. The C.U.P. is restricted to the activities described in letter, Exhibit "B", which is made part hereoffor all pur- poses. 4. Provide a seven (7) foot opaque wall adjacent to any residential uses or zones. 5. Provide parking spaces in compliance with the Laredo Land Development Code. 6. Provide and maintain seven (7) trees and twenty-one (21) shrubs in compliance with the Laredo Land Devel opment Code. 7. Signage will be limited to 12 square feet attached to the building wall.
P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a ~ to -.!L vote, recommends Staff supports the proposed Conditional Use approval of the Conditional Use Pennit. Pennit.
Page 1 of 1 OU"I L.oncora HillS Council District 1 Request for C. U ,':;onditional Use Permit) ZC-26-2011 •NORTH
B-3 Lot UNPLATTED
B-4 Lot 1
Lot 1 Lot 1
R-1 Lot UNPLATTED
Lot 2
\""" C') N 0 C» co ~ .> In '0 '0 '0 0 0 ..J ..J ~ ..J -..J -..J PRESCOTT LOOP 50'
Lot10 It) 11. Lot 18 (Q '0 M 0 '0 ..J ~ 0 9 ..J ..J- Lot 19 Lot11 ~. Lot 3 o:ll co 0 0 M-1 Lot 12 Lot 7 c Lot 2 ffi II:: 11. Lot 21 ~ Lot 8 Lot 22 Lot 14 \..0\9 '0 '0 ..J ..J lot 23 0 ot lot 4 co C» C» .... N b... lot 17 0 '0 '0 N Lot 27 ..J- ..J ..J 00 0 0 0 ...... Lot 22 b N C') C') Lot 32 (Y '0 N 0 0 0 ..J 0 -.- ..J ..J ...I Lot 23 - - II:: l- - Q 0 1 w Lot 0 N Iii.., ..J Lot 34 ~II) --' (Q "- r lot 5 U) 0 N N 0 0 ::J 0 ~ -..J ..J- :::;; '0 '0 Lot 35 '0 '0 (Y ..J ...I ..J ..J ""C» 0--, 0 ..J- co <{ DAWES AVE .., Lot 39 HEWES AVE C» 0 :2' 50' 50' .... N '0 ...I Lot 40 Lot 3 r 0 « « .... 0 C') Lot 4 - ..,. ..,. Lot 6 '0 0 b ..J ~~..J ... '0 ~ Lot 42 Lot 5 ..J "- co "" '0 0 It) Lot 47 Lot 6 ..J ..J- ..,. Lot 6 '0 r ..J 0 C» ... '0 Lot 7 ':-@ ...... J (0'f,> '...... 0
1 inch =167 feet 601 Concord Hills Council District 1 Request for C.U.P.(Conditional Use Permit) ZC-26-2011
~ c: :z: "'CIr- ; Lot UNPLATTED m c
Lot UNPLATTED
i c: :z: "'CIr- ~. m c
c W t- ~ ..J 0- Lot UNPLATTED Z :::l I § I ,I I I I 1 inch = 500 feet ORDINANCE NO. 2011-0-
AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REPEALING ORDINANCE NO. 2006-0-230, A CONDITIONAL USE PERMIT FOR AN ADULT DAY CARE ON LOT 1, BLOCK 4, CONCORD HILLS COMMUNITY SUBDIVISION PHASE II, LOCATED AT 601 CONCORD HILLS BOULEVARD; AND AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR A CHILD DAY CARE ON LOT 1, BLOCK 4, CONCORD HILLS COMMUNITY SUBDIVISION PHASE II, LOCATED AT 601 CONCORD HILLS BOULEVARD; PROVIDING FOR EFFECTIVE DATE AND PUBLICATION.
WHEREAS, a request has been received for the issuance of a Conditional Use Permit for a child day care on Lot 1, Block 4, Concord Hills Community Subdivision Phase II, located at 601 Concord Hills Boulevard; 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 June 2,2011; and,
WHEREAS, the Planning and Zoning Commission, after a public hearing, has recom mended approval of the Conditional Use Permit; and,
WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the City of Laredo City Council on this matter; and,
WHEREAS, the City Council has held a public hearing on June 20,2011, on the request and finds the Conditional Use Permit amendment appropriate and consistent with the General Plan of the City of Laredo; and,
WHEREAS, all conditions imposed by the Conditional Use Permit, and all pertinent re quirements the Laredo Land Development Code shall be met before the activity sanctioned by the Conditional Use Permit may commence; and,
WHEREAS, the City Council does not consider the impact, if any, of private covenants and deed restrictions on the subject property with the adoption ofthis ordinance; and,
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: The Zoning Map of the City of Laredo be and is hereby amended by repealing Ordinance No. 2006-0-230, issuing a Conditional Use Permit for an adult day care on Lot 1, Block 4, Concord Hills Community Subdivision Phase II, located at 601 Concord Hills Boule vard.
1 Section 2: The Zoning Map of the City of Laredo be and is hereby amended by authoriz ing the issuance ofa Conditional Use Pennit for a child day care on Lot 1, Block 4, Concord Hills Community Subdivision Phase II, located at 601 Concord Hills Boulevard.
Section 3: The Conditional Use Pennit is further restricted to the following provision herewith adopted by the City Council:
1. The C. U.P. shall be issued to Veronica Ugalde and is nontransferable. 2. The C.U.P. is restricted to the site plan, Exhibit "A", which is made part hereof for all pur poses. 3. The C.U.P. is restricted to the activities described in letter, Exhibit "B", which is made part hereof for all purposes. 4. Provide a seven (7) foot opaque wall adjacent to any residential uses or zones. 5. Provide parking spaces in compliance with the Laredo Land Development Code. 6. Provide and maintain seven (7) trees and twenty-one (21) shrubs in compliance with the Laredo Land Development Code. 7. Signage will be limited to 12 square feet attached to the building wall.
Section 4: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.
Section 5: This ordinance shall become effective as and from the date of publication specified in Section 3.
Section 6: The Conditional Use Permit authorized by this ordinance shall be revoked pursuant to the Laredo Land Development Code, section 24.94.10, entitled "Revocation," ac cording to the criteria and procedures described therein and below:
1. Criteria
Any Conditional Use Pennit, authorized by City Council, shall be considered in noncompliance and shall be revoked and removed from the City of Laredo Zoning Map, in the event a court of law finds the use in violation of any of the following conditions:
A. The use established on site does not conform, at any time, with any or all permit con dition(s) approved by the City Council and or any local, state, or federal law. B. The activity authorized by the Conditional Use Pennit commences prior to the institu tion of all conditions imposed by the Conditional Use Pennit. C. Discontinuance of the Council approved conditional use for a period of six (6) con secutive months. D. The use of which the Conditional Use Pennit was authorized does not commence within six months of City Council's final approval date.
2. Procedures
Should City of Laredo Enforcement Official inspection reveal noncompliance with Laredo Land Development Code, Subsection 24.94.10, Conditional Use Pennit revocation procedures shall commence as below stipulated:
2 A. A Zoning Officer shall, upon discovery of conditional use permit noncompliance as per Subsection 24.94.10, issue a written warning, granting a grace period of a mini mum often (10) working days, within which time the use may be brought into com pliance with the current City Council approved Conditional Use Permit for that loca tion. B. If noncompliance persists after the conclusion of the warning grace period, a Zoning Enforcement Official shall issue a written citation. C. Should the citation result in a guilty verdict, the City of Laredo shall consider the Conditional Use Permit revoked and proceed with its removal from the City of Laredo Zoning Map. D. The Planning Director shall then issue the permit holder written notification of the Conditional Use Permit's official revocation and removal from the City of Laredo Zoning Map. E. In the event of discontinuance or failure to commence as stipulated in Subsection 24.94.10.1 D and E ofthis Ordinance, Zoning Enforcement Staff will issue written notification of same. Ten days after issuance of Zoning Enforcement notification of discontinuance or failure to commence, the Planning Director shall then issue the permit holder written notification ofthe Conditional Use Permit's official revocation and removal from the City of Laredo Zoning Map.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ____ DAY OF ,2011.
RAUL G. SALINAS MAYOR
ATTEST:
GUSTAVO GUEVARA, JR. CITY SECRETARY
APPROVED AS TO FORM:
RAUL CASSO CITY ATTORNEY
3 Add ve 55 La::. a. +, on : Ji \
=='10: """'" e
J s~ , - Cl ,~~w .:l,~, fiJ&J ~ ~ ~-~~ r ~ ~ @ j ~- . lQ):~ IS " ~II 'b.. ~ ! - Sln\,;· ! i +:::r"'".:;:1;..( ...... i l4-~ ...1 i S /z; # # 3/ 3 Re2end05-17- -1 'I; 11 : 55AIV1; May 16,2011 KinderClub Learning Center, LLC. Veronica Ugalde 504 Don Jose Dr. Laredo, TX 78045 Re: Conditional Use Permit for 601 Concord Hills To Whom It May Concern, The building located on 601 Concord Hills will be solely used for a child daycare/learning center. The learning center's purpose is to offer a developmental early childhood program to children ages 6mth to 12 yrs of age, around the neighborhood and/or to the community who can benefit from this type of service. Center hours will be from 7:15am to 6:30pm. This business will employ approximately 4-10 employee's depending on the number of enrolled children and meeting the student-teacher ratio mandated by the state. Based on present approximation of square footage, the center will allow about 43-53 children and about 5 classrooms. Please keep in mind that these numbers are estimates only. Childcare licensing determines final capacity. If there are any questions, please feel free to contact me at (956}319-5749. ~~ ~ Veronica Ugalde ~ KinderClub learning Center, LLC., Owner _... _._---_... _._ .. _._-_.- - ... _------..... _._---_... _--- _._--_._ .. COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending Ordinance 2005-0-069 authorizing a Special Use Permit for oil and/or gas ex- 06/20111 traction on 4 acres, as further described by metes and bounds in attached Exhibit "A", lo cated east of Highway 83 and north of Cielito Lindo Boulevard in order to reflect change of ownership; providing for publication and effective date. ZC-16-2011 Initiated by: Staff source: Vernon E. Faulknor, Inc. Nathan R. Bratton, Interim Planning Director Prior action: None. BACKGROUND Council District: I - The Honorable Mike Garza Proposed use: Oil and/or gas extraction Site: The site is currently vacant and undeveloped. Surrounding land uses: The land surrounding the site is predominantly vacant and undeveloped. The nearest uses are single-family residences to the north. Comprehensive Plan: The Future Land Use Map recognizes this area as Medium Density Residential. Transportation Plan: The Long Range Thoroughfare Plan identifies Highway 83 as an Expressway and Cielito Lindo Boulevard as a Major Arterial. Letters sent to surrounding property owners: 3 In Favor: 0 Opposed: 0 STAFF COMMENTS Staff supports the issuance of the proposed Special Use Permit. The existing Special Use Permit meets Section 24.73, Oil and Gas Extraction and Production, ofthe Laredo Land Development Code. Specifi cally, no school, hospital, church, nor public building is located within six hundred (600) feet of the pro posed wellhead. No residence is located within four hundred (400) feet of the site. Staff supports the proposed Special Use Permit and recommends the following conditions: 1. The permit will be issued to Vernon E. Faulconer, Inc., and is nontransferable. 2. Lighting of drilling operations shall be screened to avoid adverse impact on adjacent residential neighborhoods. 3. The Special Use Permit is restricted to the site plan, Exhibit "B", which is made part hereof for all purposes. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 9 to 0 vote, recommended Staff supports the proposed Special Use approval of the Special Use Permit. Permit. ORDINANCE NO. 2011-0- AMENDING ORDINANCE 2005-0-069 AUTHORIZING A SPECIAL USE PERMIT FOR OIL AND/OR GAS EXTRACTION ON 4 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A", LOCATED EAST OF HIGHWAY 83 AND NORTH OF CIELITO LINDO BOULEVARD IN ORDER TO REFLECT CHANGE OF OWNERSHIP; PROVIDING FOR AN PUBLICATION AND EFFECTIVE DATE. WHEREAS, a request has been received for amending Ordinance 2005-0-069 authoriz ing a Special Use Permit for oil and/or gas extraction on 4 acres, as further described by metes and bounds in attached Exhibit "A", located east of Highway 83 and north ofCielito Lindo Boulevard in order to reflect change of ownership; 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 May 19,2011; and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has recom mended approval of the of a Special Use Permit; and, WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the City of Laredo City Council on this matter; and, WHEREAS, the City Council has held a public hearing on June 20, 2011, on the request and finds the Special Use Permit appropriate and consistent with the General Plan of the City of Laredo; and, WHEREAS, all conditions imposed by the Special Use Permit, and all pertinent re quirements the Laredo Land Development Code shall be met before the activity sanctioned by the Special Use Permit may commence; and, WHEREAS, the City Council does not consider the impact, if any, of private covenants and deed restrictions on the subject property with the adoption of this ordinance. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: Amending Ordinance 2005-0-069 authorizing a Special Use Permit for oil and/or gas extraction on 4 acres, as further described in attached Exhibit "A", located east of Highway 83 and north of Cielito Lindo Boulevard, is hereby amended, to reflect change of ownership. Section 2: This ordinance shall be published ina manner provided by Section 2.09 (D) ofthe Charter of the City of Laredo. 1 Section 3: The Special Use Permit is further restricted to the following provision here with adopted by the City Council: 1. The permit will be issued to Vernon E. Faulconer, Inc., and is nontransferable. 2. Lighting of drilling operations shall be screened to avoid adverse impact on adjacent resi dential neighborhoods. 3. The Special Use Permit is restricted to the site plan, Exhibit "B", which is made part hereof for all purposes. Section 4: This ordinance shall become effective as and from the date of publication specified in Section 2. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ____ DAY OF ,2011. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY 2 Link Ranch #6 Well Request fo. J.P.(Special Use Permit) ...NORTH ZC-16-2011 1 JL M-1 B-1 -,~ -- MA, JR ART "RIAL -~ ------I • r:-- \ r u-'"- , B-1 , B-1 ----- • I~\ I I I I I I I I I I I I I I~ t. • r : R-2 B~ I I§IIII§ I -t . / - .-'------r=:11T11 Illl 1] lilT 111r( r/ I n,/ • ~ I \ I I r B-3 B-3 :~I I I I I I I I I~ I I IJ~ I I B-3 B-1 I B-3 B-1 flIIIIIII1111111111 I ~- ~R ill E - -j I B-3 - ..... ~ l V nJl LUI \ II \ \ \ \ I \ \J ~ ,I B-1 , R-1MH I ~~- --- MAJOR ARTE ~~;~ •I R-1A •I .. I MINOR ARTERIAL-PROPOSED , .. ~- II' r I --- ,r ~tricrs- 8IW \ B-4 I• .... 1_ J.,. ___\ , ~ B-1 J 1 inch = 500 feet ______l'vIapPing Your W o~\<~· ______ 710 Buffalo St, Ste. 401 www.frontJersurveylng.com 3611881·8044 Corpus Christi, TX 78401 Fax: 361/881~8340 FJELD NOTES DESCRIPTION A 4.0 acre site, more or less, situated in the Tadeo Sanchez Porcion No. 38, Abstract 472, and the Jose Anlonio Nasario Pordon No. 39, Abstract 250, also being out of a 771. 5131 •acre tract covered by that certain Oil and Gas Lease dated October I, 1987, by and between George F. Link, et aI, and Sanchez O'Brien Oil & Gas Corporation, and situated in Webb County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING: at a point (Y = 640,241.26, X = 1,684,119.34), from which a fence corner (Y = 638,706.11, X = 1.682,379.82) found at the intersection ofthe East Right-Of Way line of u.s. Highway No. 83, the South line of said Porcion No. 39 and the North line oftbe O.C. & S.F. RR Co. Survey No. 2090, Abstract 777. at the Southwest corner ofsai THENCE: NORTH - 417.42 feet to a point for the Northwest cornet of tros herein described site; THENCE: EAST - 417.42 feet to a point for the Northeast corner of this herein described site; THENCE: soum - 417.42 feet to a point for ;t~e Southeast comer of this herein described site; ~ THkNCE: WEST - 417.42 feet to the POINT OF ~EGINNING, and containing within these metes and bounds, 4.rf acres ofland, more or less. AU bearings and coordinates refer to the Texas Coordinate System of 1927, Texas South Zone, and are based on NOS Monument "CAS A" (Y =685,558.687, X::: 1,706,169.449). This reflects an office survey, and not an actual land survey. The Wldersigned surveyor does not wanant to the accuracy thereof. ~i~/ Copyright © 2005 ROBERT L. YOUNG January 3 ), 2005 RPLS 5400 020928-C.DOC ap ~: i ·£>aUBIT A JOB , 020928 \ \ .-\\ T. SANCHEZ A-472 l\~C y.. l_J (. \~ I PORCION.36 ro;'t'.I:~f .~~1._.3-. L- =- ._ .. _.. _. PORCION 39 ' ,-- t ,·· "') .. 10 1 LI>IK IIANeH • \ J.A. NASARIO o \ ~ 2 LINICJI~"CH6 l: ,INE!!to\A!I!!!'fQ!~tANCt A-250 LI NOIIT.. .'7.4" 1 U EAsT 4,742' vi --' 0 ,..t.o :;j ~ II SOUTH 417 ••" \ LEGEND l~ WEST 41742' POINT OF BEGINNING L4 ... FOUND 1/2- IRON ROD I \ ., .. 640241.26 '" 4.0 ACRE Ci. FOUNO FENCE CORNER I( = 1684119.34 ~ SITE ;'i 0.: ~\ IoI _ ~I I'OUII\l rtNCE COAMtf!~ 0 ~ ALL BEAAlNGS AND COQROIHAl(S REF£R 'I' .. 638106.11 I,IHI< RoNe" , :s TO THE tEXAS STAT( PlAN£ COOROINATE i , x • 1682179 82 i SYStEM 01" 1927. TEXAS SOUTH ZONE AND ARE BASED ON NGS NON. "CASA" , . _ .. _ .. _ .. _ ( . , . ~~'-.W ..,.::=9:· . ~ .. - .. ..' [ .. -.~- ~x I (Y .. 58~S58 x ~ ,_106 •• 69.49) _ 6117, -= :2 - I Q. ,"'" \ on r- ) ..., PLAT OF: •• ! h G.C. & S.F. RR CO. ~ .. i iii . -A-777 -~ 0 I A 4.0 ACRE SIiE FOR: 110 UNITED RESOURCES. LP '"I LINK RANCH NO. 6 0------*fH l SITUAlED IN THE J A. NASARIO i SCAlE: I" .. 1000 FEET SURVEY, A-250. APP~O)cIMATEI.Y ~ 5.2 MILES SOUTH OF lAREOO § IN wt88 COUNTY. TEXAS G. Fa5&NT.!fR~~INW;~NY tompltl.on OGle Ot/16/0JIF.!t ,.,,"'. 020928-0 dwg , .. ~~o start. f .~•• c= fl. ~ SCCIl. -\SuNe,co by _ ISi'1 &8' - ... "'. JII' II. - ..teo '"=1000' TM/CH __ I...... ·"1 .... C~ CGpvoIghI02D05 M R9II$ RneMld 'f.x~\ IP\-t- ,. B ,. D,,,.n IIy" WalAs> 11:>0." ..0 b~ Bl COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 4,5 & 6, 06120/11 Block 1074-A, Western Division, located at 4301 Santa Cleotilde Avenue, from R-3 (Mixed Residential District) to M-l (Light Manufacturing District); providing for publica- tion and effective date. ZC-22-2011 Initiated by: Staff source: Cesar Almanza Nathan R. Bratton Interim Planning Director Prior action: None. BACKGROUND Council District: VII - The Honorable Jose A. Valdez, Jr. Proposed use: Commercial Site: Single-Family Residence Surrounding land uses: The property to the north includes Volz Transportation and a vacant ware house. The property to the east includes Farias Elementary, Farias Recreation Center, City of Laredo Police Sub-station, and the Northwest Boys & Girls Club. South ofthe property includes single family residences, manufactured homes and Jerry's Drive Thru. West of the property includes E.Diaz Y CIA Agencia Aduanal, vacant lots, single-family residences, Century Export and Rapid Warehous ing Service Inc. Comprehensive Plan: The Comprehensive Plan identifies this area as Light Industrial. Transportation Plan: The Long Range Thoroughfare Plan does not identifY Santa Cleotilde. Letters sent to surrounding property owners: 5 In Favor: 0 Opposed: 0 STAFF COMMENTS The proposed zone change is appropriate at this location. The change is consistent with the Comprehensive Plan's designation for this area as Light Industrial, and is compatible with the surrounding industrial uses in the area. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 9 to 0 vote, recommended Staff supports the proposed zone change. approval ofthe zone change. Page 1 of 2 COUNCIL COMMUNICATION IMPACT ANALYSIS M-l (Light Manufacturing District): The purpose of the M-l is to encourage the development of manufacturing and wholesale business establishments which are clean, quiet and free of hazardous or objectionable elements such as noise, odor, dust, smoke or glare. Research activities are encouraged. This district is further designed to act as a transitional use between heavy industrial uses and other less intense and residential uses. Is this change contrary to the established land use pattern? No, there are other industrial uses in the vicinity. Would this change create an isolated zoning district unrelated to surrounding districts? No, there are other existing M-l Districts along Santa Rita and in close proximity. Will change adversely influence living conditions in the neighborhood? No, this property is surrounded by the railroad on one side and industrial uses on the other. Are there substantial reasons why the property can not be used in accord with existing zoning? Yes, the existing zoning allows for only residential uses. Page 2 of 2 ORDINANCE NO. 2011-0- AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING LOTS 4, 5 & 6, BLOCK 1074-A, WESTERN DIVISION, LOCATED AT 4301 SANTA CLEOTILDE AVENUE, FROM R-3 (MIXED RESIDENTIAL DISTRICT) TO M-l (LIGHT MANUFACTURING DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a zone change has been requested by the owners of Lots 4, 5 & 6, Block 1074-A, Western Division, located at 4301 Santa Cleotilde Avenue, from R-3 (Mixed Resi dential District) to M-l (Light Manufacturing District); and, WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on May 19,2011, and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has rec ommended approval of the proposed zone change; and, WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the City of Laredo City Council on this matter; and, WHEREAS, the City Council has held a public hearing on June 20, 2011, on the re quest and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and, WHEREAS, the City Council does not consider the impact, if any, of private cove nants and deed restrictions on the subject property with the adoption of this ordinance. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezon ing Lots 4,5 & 6, Block 1074-A, Western Division, located at 4301 Santa Cleotilde Avenue, from R-3 (Mixed Residential District) to M-l (Light Manufacturing District). Section 2: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo. 1 Section 3: This ordinance shall become effective as and from the date of publication specified in Section 2. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ____ DAY OF ,2011. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY 2 4301 Santa Cleotilde Rezone from r '\ (Mixed Residential District) to M-1 (Lignt Manufacturing District) ZC-22-2011 ..NORTH U') Lot 2 Lot11 .... Lot 0 ...J j Lot 10 l/z Lot 3 '0 11092 ...J .., Lot 5 11091 AJ r- '0 Lot 4 Lot 9 ...J '0 J ...J M-1 Lot 6 IjlL~" - 1/ Lot 9 Lot 5 Lot 8 ..... J .... '0 0 ...J Lot 7 / !L ...J I;! 'f Lot8 Lot 6 Lot 7 ..ORTIZST ~,5ft' -. Lot 11090-AJ Lot 1 Lot ORTIZST 55,56' - I"""" '-- ,... 1 Lot 1 '0 t ]- Lot 13 Lot 1 Lot 12 ...J I II t--- I Lot 2 r iI;!'ij Lot 12 Lot 2 Lot 11 0.... I if (J1 - I Lot 3 j§S Lot11 Lot 3 f-R-3 • J!'j Lot 10 r-- <- Lot 4 .~ Lot 10 Lot 4 I~ (Of ,] ~~ j,: i5tj Lot 9 - z ~I Lot5 /, Lot 9 ...... ~ Lot 5 Lot 8 '0 'R- ...J t Lot gfs Lot 8 6.l Lot6 Lot 7 f-- Lot UNPLATTED ... '0 , ...J I,-ot UNPLAT ED iJ Lot Lot ---- I ,... I I .... ------Lot12 0 Lot4 Lot 1 ...J , t-- , [I .., Lot11 ~ '0 Lot 5 Lot 2 U') , I~/ ...J '0 ~ iii .3 ...J Lot 10 t1 ~ Ii Lot 6 Lot 3 '0 I-- 11048-AI ...J .., I, J ~~ 1050' Lot 9 '0 I, Lot 7 Lot4 ...J JJ l M-1 .... r-- ...... 0 '0 .... Lot 8 Lot 5 Lot 8 .... I ' ...J 0 '0 :v ,..C'I ...J I , ...J 't- - -s'0 Lot 9 Lot 7 r-- ~. Lot 6 T ... CHICAGOST -- " .. ----~--~--~~~~~~~~~~~~~~~~~ - .. r I-- . •I C'I 0 0 0 ,... ,... / C'I 0 Lot 9 ...... co cd 0 co COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) ofthe City of Laredo by rezoning Lot 4-A, Block 06/20111 8-A, Las Brisas Del Mar Phase I Subdivision, located at 8602 McPherson Road, from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publi- cation and effective date. ZC-18-2011 Initiated by: Staff source: Mezon Principal Corp. Nathan R. Bratton, Interim Planning Director Prior action: None. BACKGROUND Council District: VI - The Honorable Charlie San Miguel Proposed use: Amusement Services (Indoors) - Party Place Warnings/Citations: Two citations for operating a bar in a B-1 District on November 13, 2009 and July 27,2010. Site: Commercial plaza including K-Nails & Spa, Chocolateka, Texas Gold, Flat 5 Music School, Stage Light Dance Studio and Whiskey Still. Surrounding land uses: The land adjacent to the east ofthe site includes Shah Eye & Lasik Center, OB/Gyn Specialists, Carnitas Los Arcos, Taco Villa, House of Design, Lonches "El Popo", Popo Party Place, Paletas y Mas, Party Palace, Texas Health and Human Services Offices. South ofthe site are sin gle-family residences. The land west of the site includes single-family residences. North of the site are Valero/Stripes, Windmill Express, North Point Plaza, M. Benavides Insurance Agency, Digital Docu ment Solutions and Dannenbaum Engineering. Comprehensive Plan: The Future Land Use Map recognizes this area as Light Commercial. Transportation Plan: The Long Range Thoroughfare Plan identifies McPherson Road as a Major Arte- rial. Letters sent to surrounding property owners: 49 In Favor: 0 Opposed: 6 STAFF COMMENTS The proposed zone change is not appropriate at this location. The proposed change is not con sistent with the Comprehensive Plan's designation for this area as Light Commercial. The property location adjacent to single-family residences may introduce incompatible and more in tense uses. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 9 to 0 vote, recom- Staff does not support the proposed zone change mended denial of the zone change. Page 1 of2 COUNCIL COMMUNICATION IMPACT ANALYSIS B-3 (Community Business District): The purpose of the B-3 District is to provide for those busi nesses and services serving a trade area larger than a neighborhood, but smaller than the entire city and located primarily along minor or principal arterial streets, as classified in the Transportation Plan ofthe City of Laredo. It is intended for this zoning classification to exist primarily abutting minor or principal arterial streets while preserving established residential neighborhoods along such streets. Is this change contrary to the established land use pattern? Yes, the established land use pattern is primarily light commercial. Would this change create an isolated zoning district unrelated to surrounding districts? No, there is a B-3 district to the east. Will change adversely influence living conditions in the neighborhood? Yes, it may introduce more intense uses that will be incompatible with the adjacent residences. Are there substantial reasons why the property can not be used in accord with existing zoning? No, the current zoning allows for sufficient commercial uses. Page 2 of2 ORDINANCE NO. 2011-0- AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING LOT 4-A, BLOCK 8-A, LAS BRISAS DEL MAR PHASE I SUBDIVISION, LOCATED AT 8602 MCPHERSON ROAD, FROM B-1 (LIMITED COMMERCIAL DISTRICT) TO B-3 (COMMUNITY BUSINESS DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a zone change has been requested by the owners of Lot 4-A, Block 8-A, Las Brisas Del Mar Phase I Subdivision, located at 8602 McPherson Road, from B-1 (Limited 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 May 19,2011, and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has rec ommended denial of the proposed zone change; and, WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the City of Laredo City Council on this matter; and, WHEREAS, the City Council has held a public hearing on June 20, 2011, on the re quest and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and, WHEREAS, the City Council does not consider the impact, if any, of private cove nants and deed restrictions on the subject property with the adoption of this ordinance. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezon ing Lot 4-A, Block 8-A, Las Brisas Del Mar Phase I Subdivision, located at 8602 McPherson Road, from B-1 (Limited Commercial District) to B-3 (Community Business District). Section 2: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo. 1 Section 3: This ordinance shall become effective as and from the date of publication specified in Section 2. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ____ DAY OF ,2011. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY 2 8602 McPherson Rd Rezone from B-1 (Limited Commercial District) ~ to B-3 (Community Business District) NORTH B·1 1 inch = 208 feet I am in receipt of three letters notifying me of the opportunity to express my opinion regarding three separate zoning changes in my residential neighborhood. I respectfully object to all three proposals as follows: 1. ZC-18-2011 - B1 to B3 for Lot 4-A, Block 8-A, Las Brisas, Del Mar Phase 1 Subdivision 8602 McPherson Rd. 2. ZC-19-2011 - CUP for Lot 4-A, Block 8-A, Las Brisas, Del Mar Phase 1 Subdivision 8602 McPherson Rd. for a restaurant bar 3. ZC-21-2011 - CUP for Loti, Block 1, Northridge Commercial Plat, 8511 McPherson Suite 101, 102 & 103 for a bar. The former Reina's Ultra Lounge, which was illegally allowed to open its doors for business, is historical proof that a bar, or any other high density type of business, is incompatible with these predominantly residential neighborhoods. I feared for my personal safety when Reina's was open and I fear for my personal safety if the three proposals shown above are approved. I am also of the opinion that all three proposals are: 1. Incompatible with public peace 2. Incompatible with nuisance standard 3. Incompatible with welfare standard 4. Unsafe, inconsistent and inappropriate for these predominantly residential neighborhoods 5. One building is 75' from my house and much closer to other residences. 6. The other building is 175' from my house and much closer to other residences. 7. Low frequency deep bass music easily carries 75' and 175' and travels through walls resulting in the disturbance of my peace and possible property damage. 8. Property damage to my block fence has occurred due to DWI drivers in Reina's parking lot. 9. Bar patrons park their cars in our neighborhood streets and litter yards with broken beer bottles, condoms and more. Beer bottles have been thrown from the parking lot into my yard. 10. I have been harassed by these people parking in front of my house. 10. Outside bar patiO further contributed to my lack of personal safety, noise and disturbance of the peace. 11. Laredo PD and the 311 System has logged hundreds of complaint calls concerning these issues. This past Saturday, Laredo PD was called at 3:00 AM (Sunday) due to loud music and drunks in the parking lot. 12. Even though the businesses close at 2:00 AM, the party continues in the parking lots for hours. 13. I have lived in this neighborhood since 1993. These businesses moved in over a decade later with no respect for the city's zoning ordinances nor for their neighbors. These stated effects cannot be mitigated and all three proposals are to be denied. In addition, these current businesses should have never been given a certificate of occupancy and allowed to exist since they violate city zoning ordinances. Reina's Ultra Lounge just moved out and now the Whiskey Still moves in at 8602 McPherson. The business at 8511 McPherson continues to rent out his building for loud parties and drunks. It is imperative that existing ordinances be enforced and these businesses be shut down for the benefit of the publiC'S safety and good. Sincerely, __-~~(fV:' ,);,j)k~,/1'?/.)/~ ./-~ 1/' Luis A. Ramirez, P.E. 'C .. ; 8530 Crownwood Dr. t:7 5-- /t. t i "d.-t'·"'/7/lk<~ .4/kT Laredo, TX 78045 !')) 956-717-2419 f c~l #.)'- ,7'--4 ~~~.- d ;1 COUNCIL COMMUNICATION DATE: SUBJECT: AN ORDINANCE 06/20/2011 AMENDING THE CITY OF LAREDO CODE OF ORDINANCES, CHAPTER 33, ARTICLE I ENTITLED "GENERAL" BY DELETING EIGHT YEAR TERM LIMITS IN §33-1 "CITIZEN'S ENVIRONMENTAL ADVISORY COMMITTEE" (C); PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. INITIATED BY: STAFF SOURCE: Jesus Olivares, Riazul Mia, P.E., Director Assistant City Manager Environmental Services Department PREVIOUS COUNCIL ACTION: On April 18, 2011 City Council made a motion to remove the limitations on time restrictions for the committee apQointees. BACKGROUND: On April 18, 2011 City Council made a motion to remove the limitations on time restrictions for the committee appointees. Currently this ordinance restricts committee appointments to a term not to exceed eight (8) years. In order to bring this ordinance in alignment with the wishes of City Council, the ordinance needs to be amended by removing the term limits. The Citizens' Environmental Advisory Committee made a motion to amend this ordinance by removing the term limits and recommended passage by City Council. FINANCIAL IMPACT: None RECOMMENDATION: STAFF RECOMMENDATION: The ordinance amendment was recommended by Approval of the ordinance. the Citizen's Environmental Advisory Committee. AN ORDINANCE AMENDING THE CITY OF LAREDO CODE OF ORDINANCES, CHAPTER 33, ARTICLE I ENTITLED "GENERAL" BY DELETING EIGHT YEAR TERM LIMITS IN §33-1 "CITIZEN'S ENVIRONMENTAL ADVISORY COMMITTEE" (C); PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. Whereas, on April 18, 2011 City Council made a motion to remove the limitations on time restrictions for the committee appointees, and; Whereas, Chapter 33, Section I sets term limits for committee appointees, and; Whereas, in order to bring Chapter 33, Section I in alignment with the wishes of City Council, the ordinance needs to be amended by removing the term limits; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: Amendment: The amendment will be made to the Code of Ordinances, §33-01 (C) as follows: ARTICLE I. IN GENERAL SECTION 33-1. Citizen's Environmental Advisory Committee. a. The Citizen's Environmental Advisory Committee (CEAC) is hereby established. b. Definitions. The foJJowing terms, words, and abbreviations shaIJ have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular words in the singular, include the plural, and the use of any gender shall be applicable to all genders. The words "shall" and "will" are mandatory and the word "may" is permissive. Words not defined herein shall be given their common and ordinary meaning, except that technical words and terms used in the environmental engineering industry shaf1 be given the meaning common to that industry. 1. "Chairperson" means the Chairperson of the Citizen's Environmental AdviSOry Committee where the context clearly indicates that the chairperson of a committee is intended. 2. "Committee" means the Citizen's Environmental Advisory Committee, as established by this Ordinance. 3. "Communications Officer" means the Environmental Manager or his designee. c Membership, Term of Office, Method of Appointment, and Ex-officio Memberships. 1. The members of the Committee shall include nine (9) members who shall be a resident of the City of Laredo, appointed by the City Council. 2. All members shall serve a term concurrent with that of the mayor or council member appointing them, and they shall continue in office until their successors are duly appOinted£, so long as this does not exceed eight years.] 3. If a committee member's position becomes vacant due to death, discontinuance of the committee member's eligibility to serve, or his/her incapacity or unwillingness to serve for any reason, the Council shall fill the vacancy for the un-expired term, by appointment. 4. [A member shall be entitled to seFv-e more than one term so long as that term does not e>Eceed eight years. ] &,-4. The Environmental Manager shall serve, ex-officio, as non-voting member of the Committee, but may not serve as Chairperson of the Committee. d. Chairperson and Other Officers, Committees. 1. The Chairperson shall be elected annually by majority vote, and shall serve for a calendar year, and shall be eligible for re-election. 2. The Committee may establish such other officer's, as the Committee may deem necessary. 3. The Committee may establish by motion such sub-committee's, as it deems necessary. The Chairperson shall appoint the members and chairpersons of a/l such sub-committees. e Environmental Manager. An environmental manager shall be appointed by the City Manager and shall serve as staff of the Committee. f. ·General Authority. 1. The Committee shall have authority to request inquiries, surveys, investigations, and the like; to receive testimony of witnesses; hold public hearings; and may require any permitee or co-permitee to produce and submit any documents, papers, books of account, or other records pertaining to the environmental ordinances, regulations or policies of the _City. 2. The Committee shall prepare and submit reports and recommendations to the City Manager or to the City Council, at its discretion. 3. The Committee shall advise the Environmental Manager or any permitee or co-permitee concerning any matter pertaining to environmental ordinances, regulations or policies of the City, including state and federal environmental laws. 4. The Committee shall have authority to seek advice or opinion of any city officer or department, including the City Attorney, regarding any question of Jaw, fact or administrative procedure. g. Duties with Regard to Environmental Protection. 1. The Committee shall ensure compliance with all provIsions of local ordinances and state law and shall report any violations of failures 01 compliance to the City Council. 2 The purview of the Committee shall include all aspects of the environment including water, air, soil, watershed, wildlife, wetlands and native vegetation as they are affected by industrial, commercial and residential development; operations of manufacturing or packaging facilities; operations of transportation and storage facilities; waste disposal; and any other action that has an impact on the environment. 3. As deemed necessary, the Committee shall conduct surveys of the general population of the City, by such methods and procedures as the Committee may devise, to ascertain the public's interest, convenience, and need for environmental protection and similar environmental issues; and shall report the findings of such surveys to the City Council, with recommendations, if any, for action by the Council. 4. The Committee shall prepare and submit reports to the Council for use in the performance evaluation. Said reports shall contain information concerning the permitee or co-permitee's performance according to the proVisions of local environmental ordinances, state and federal environmental laws; and such other matters as the Committee deems would warrant the Council's attention; and such recommendations as the Committee wishes to place before the Council. Said reports shall be submitted not less than thirty (30) days before the scheduled performance evaluation. Further, the Chairperson of the Committee shaff appear during the performance evaluation, and shaff present orally the Significant findings of the Committee, and shall be prepared to answer the questions of the Council or the permitee or co-permitee. 5. The Committee shall from time to time conduct technical tests, by such methods and procedures as the Committee may devise, to ascertain if the permitee's or co-permitee's operations meet all current federal, state and local environmental laws and standards. 6. The Committee shaJi receive compJaintsand grievances from .citizens, concerning any matter relating to the operations of any permitee or co permitee; shall advise the permitee and co-permitee on steps that may be taken to resolve such complaints, and shall report in summary form to the City Council on all complaints or grievances received and their resolutions. 7. The committee shan also meet and rule on appeals according to section 33- 54. 8. The committee shall follow the adopted "Priority Procedures for the Mayor and City Council Laredo, Texas" for all the meetings. h. Budget. a. The Committee may solicit and acquire funds from diverse sources to support its various purposes. The Committee may seek grants form public agencies and private sources, subject to approval of the City Council. b. All funds received by the commission from whatsoever source shall be transmitted to the City Finance Department. No disbursement shall be made except according to the annual budget as approved by City Council or for the specific purpose specified by the grantor. i. Meetings. a. The Committee shall meet not less than once each month at such time and place, as the Chairpersonshatt designate. Notice of each meeting shaft be posted pursuant to the Texas Open Meetings Act. b. The Committee shall elect officers at its first meeting and then at its first meeting in January of every year thereafter. First officers may include a chairperson, vice-chairperson, and such other officers. c. A quorum for any meeting shall be four members (not including any ex officio non-voting member of the Committee). d. All meetings shall be conducted according to Robert's Rules of Order. All members will familiarize themselves with Robert's Rules of Order so that the meeting can be conducted in an orderly and efficient manner. e. The agenda for each meeting shall be established by the Chairperson in consultation with the Environmental Manager. Any member of the committee voting or non- voting shall have the right to place any proper items of business on the agenda, by so requesting of the Chairperson before notice of the meeting is published. f. Attendance at regular and special called meetings of the Committee is mandatory. Any member who knows in advance that he or she will be unable to attend a meeting shall so notify the Chairperson. Any member who is absent with prior notice shall notify the Chairperson at the earliest possible time of the reason or the absence. The Committee shall determine the reasonableness and acceptability of any absence, and shall excuse any absence it considers unavoidable or reasonable. g. The agenda for each regular meeting shall include Citizen Communications, and at the time reserved for this purpose any person may come before the committee. The Chairperson may limit the time allotted to each speaker, but not less than three minutes per speaker, and not in a manner that discriminates against any person. h. A member may be removed from office before the end of his or her term by action of the City Council for any good cause, and in particular for any of the following causes: (1) Failure to attend three or more regularly scheduled meetings of the Committee, without giving notice in advance of his intended absence (except when an emergency arises that makes the giving of notice impracticable), and without having an adequate excuse acceptable to the Committee; (2) Having a vested interest in a permitee or co-permitee, whether or not such interest existed at the time of appOintment, or having any Committee illegal or improper; (3) Failure to attend properly to the duties of the Committee, to comply with the provisions of this Ordinance. If a member is removed from office, the office shall be filled in the manner provided above. Sec. 33-2. Federal statutes and regulations adopted. References to federal statutes and regulations which are specifically cited in this chapter are hereby adopted and incorporated by reference as fully and completely as if set forth herein. Secs. 33-3--33-15. Reserved. SECTION 2: Severability: If any provision of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall remain in full force and effect. SECTION 3: Effective Date: This Ordinance shall take effect after its passage by the City Council. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ___DAY OF ,2011. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY BY: VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION SUBJECT: FINAL READING ORDINANCE NO. 2011-0-078 Authorizing the City Manager to decrease the contract with the Texas 106120111 Department of State Health Services by reducing funds in the amount of $12,640.00 due to FYll mid-year realignment of funds as children are being assisted through other programs. The Health Department Maternal and Well Child Services will receive a total award of $75,000.00 to provide early well11ess and screening. medical and dental services for children who are underserved" uninsured and medically indigent for the term beginning September 1, 2010 through August 31, 2011. I INITIATED BY: STAFF SOURCE: 1 Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. De uty City Manager Health Director BACKGROUND: 1 i I The Texas Department of State Health Services (TDSHS) continues to contract with the City of I I, Laredo to provide public health preventive and screening patient care services to of Laredo and i Webb County through the City of Laredo Health Department primary preventive care programs. I The continuation of the Maternal and Child Health (MCH-Title V), dental, and preventive care services to eligible children: preventive, primary well child and early detection health screening i services, and dental preventive care (for children and adolescents). The program Vvill bill Title V or I Medicaid for all Medicaid eligible services; will ensure that all program income generated through Medicaid be used to expand and enhance women and children's preventive primary care health i services, IMore children are qualifying for Medicaid and are being assisted by other providers including the ICity of Laredo Health Department BUDGET ON NEXT PAGE FINANCIAL: The revenue account 226-0000-323-4034 is hereby decreased by $12,640.00 and the . ex enditure division is 226-6015 with pro'ect number HEMC031s hereby decreased by $12,640.00. RECOMMENDATION: STAFF: Recommends that Council approve the ordinance. CHS Fee for Service - FY 2010-11 BUDGET ~CATEGORIES REVENUES ORlGlNAl A~ENDEO : weN BUDGET :...._-_._--_.__ .. _------,------;------REVENUES S 87,640 -12.540 75,000 PROGRAM INCOME 0 0, 0 TOTAL REVENUES $ 87.640 -12,540 ' 75.000 EXPENSES PERSONNEL $ 0 0 0 FR !NGE BENEFITS 0 a a TRAVEL 0 0 0 EQUIPMENT 0 0 0 SUPPLIES 2.500 0 2,500 CONTRACTUAL 85,140 -12.640 72.500 OTHER 0 0 0 SUB-TOTAL $ 87.640 -12.640 75.000 PROGRAM INCOME () {) TOTAL : $ 87.640 -12,640' 75,000 ORDINANCE 2011-0-078 AUTHORIZING THE CITY MANAGER TO DECREASE THE CONTRACT WITH THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES BY REDUCING FUNDS IN THE AMOUNT OF $12,640.00 DUE TO FYll MID-YEAR REALIGNMENT OF FUNDS AS CHILDREN ARE BEING ASSISTED THROUGH OTHER PROGRAMS. THE HEAL TH DEPARTMENT MATERNAL AND WELL CHILD SERVICES WILL RECEIVE A TOTAL AWARD OF $75,000.00 TO PROVIDE EARLY \VELLNESS AND SCREENING, MEDICAL AND DENTAL SERVICES FOR CHILDREN WHO ARE UNDERSERVED, UNINSURED AND MEDICALLY INDIGENT FOR THE TERM BEGI~~ING SEPTEMBER 1, 2010 THROUGH AUGUST 31, 2011. WHEREAS, the Texas Department of State Health Services (TDSHS) has contracted with the City of Laredo to provide public health services to residents of Laredo and Webb County through the City of Laredo Health Depmiment; and WHEREAS, the continuation of Maternal and Child Health (MCH-Title V) Program provides, at a minimum, the following services to eligible children: preventive, primary child health and dental services; and WHEREAS, the program will bill Title V or Medicaid for all Medicaid eligible services; will ensure that all program income generated through Medicaid be used to expand and enhance women and children's health services. More children are qualifying for Medicaid and are being assisted by other providers including the City of Laredo Health Department. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: Authorizing the City Manager to decrease the contract with the Texas Department of State Health Services by reducing funds in the amount of $12,640.00 due to FY11 mid-year realignment of funds as children are being assisted through other programs. The Health Department Maternal and Well Child Services will receive a total award of $75,000.00 to provide early wellness and screening, medical and dental services for children who are underserved. uninsured and medically indigent for the telm begilming September 1, 2010 through August 31, 2011. Section 2: The revenue account 226-0000-323-4034 is hereby decreased by $12,640.00 and the expenditure division is 226-6015 with project number HEMC03 is hereby decreased by $12,640.00. Section 3: The City Manager is hereby authorized to make transfers within the budget as allowable under the Special Contract Provisions and General Provisions of the contract with TDSHS to meet the necessary costs to accomplish the scope of work for the program. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS ______DAY OF ______, 2011. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FOR;.lVl: RAUL CASSO CITY ATTOR.J.~EY ,:;,'"I COUNCIL COMMUNICATION ,f DATE: I SUBJECT: FINAL READING ORDINANCE NO. 2011-0-079 I ; Authorizing the City Manager to decrease the contract with the Texas Department f 06/20/2011 of State Health Services by reducing funds in the amount of $5,000 due to FYIl , I mid-year realignment of fl:nds as patients are being assisted through o~er Iresources such as CHIP Pennatal. The HealL~ Department Maternal and Child i , Health (MCH-Title V) Program will receive a total award of $41,000.00 for the I continuation of prenatal care services, women's health and wellness, and child I early detection and prevention care for the medically indigent, underserved and ! uninsured. Program for the period beginning September 1, 2010 through Allooust I,. 1 31.2011. t INITL4TED BY: STAFF SOURCE: f Cvnthia Collazo Hector F. Gonzalez, M.D., M.P.H. I rkputy City Manager Health Director t PREVIOUS ~?UNCIL ACTION: On June 6, 2011, Council approved Introductory Ordinance. I BACKGROFND: !The Texas Department of State Health Services (TDSHS) has contracted with the City of Laredo J Health Department to continue to provide maternal and child health services for the uninsured, I underserved and medically indigent of Laredo and Webb COUIlty, specifically for vvomen's health and I well child services for wellness, early detection and prevention. ! IThese funds ,,,ill be used for the continuation of the MCH Title V Program to provide eligible women ! and children: prenatal, preventive, and primary women's health care including limited dysplasia and Inewborn services. The program will bill Title V or Medicaid for all Medicaid eligible services and will I ensure that an program income generated through ~1edicaid be used to expand and enhance women r health services and conduct maternal and "vornen's preventive health care, children's health services 1 and provide quality weUness care for the underserved, uninsured and medically indigent. I 1 I The reduction is due to patients being cared tor by other providers and City of Laredo Health Department Ithrough CHIP Perinatal. I i I I I ~ I ! I ! I BUDGET ON NEXT PAGE I FINA.l"lCIAL: The revenue account 226-0000-323-4005 is hereby decrease by $5,000.00 and the ! expenditure division is 226-6018 and the roject number is HEPN03 is hereby decreased by $5,000.00. I RECOMMENDATION: STAFF: Recommends that Council approve the I ordinance. l MCH-Title V Prenatal Services 226-6018-HEPN03 BUDGET CATEGORIES REVENUES GRIGlNA'- AMENDED ,NEWBUOGET ~--.. ----.- ---- 1------;-'-,----- REVENUES S 48.000 -5.000 41.000 PROGRAM INCOME 0 0 0 TOTAL REVENUES S 46.000 -S,DOQ 41.000 EXPENSES PERSONNEL $ 29,391 592 29,983 FRINGE BENEFITS 14,426 -3.409 11.017 TRAIIEL {) 0 0 EQUIPMENT {) 0 0 SUPPUES 0 0 0 CONTRAC1UAL () 1} 0 OTHER 2,183 -2,183 0 SUB-TOTAL $ 46,000 -5,000 41.000 PROGRAM iNCOI'vlE I) 0 TOTAL S 46.000 -5.000. 41,000 ORDINANCE 2011-0-079 AUTHORIZING THE CITY MANAGER TO DECREASE THE CONTRACT "lTH THE TEXAS DEPARTl\-IENT OF STATE HEALTH SERVICES BY REDUCING FUNDS IN THE Al\tIOUNT OF $5,000 DUE TO FYll MID-YEAR REALIGNMENT OF FUNDS AS PATIENTS ARE BEING ASSISTED THROUGH OTHER RESOURCES SUCH AS CHIP PERINATAL. THE HEALTH DEPARTMENT MATERNAL A.~D CHILD HEALTH (MCH-TITLE V) PROGRAM WILL RECEIVE A TOTAL AWARD OF $41,000.00 FOR THE CONTINUATION OF PRENATAL CARE SERVICES, WOMEN'S HEALTH AND WELLNESS, AND CHILD EARLY DETECTION AND PREVENTION CARE FOR THE l\-fEDICALLY INDIGENT, UNDERSERVED AND UNINSURED. PROGRAM FOR THE PERIOD BEGINNING SEPTEMBER 1, 2010 THROUGH AUGUST 31, 2011. WHEREAS, the Texas Department of State Health Services (TDSHS) has contracted with the City of Laredo Health Department to continue to provide maternal and child health services for the uninsured, tmderserved and medically indigent of Laredo and Webb County, specifically for women's health and well child services for wellness, early detection and prevention; and WHEREAS, These funds will be used for the continuation of the MCH Title V Program to provide eligible women and children: prenatal, preventive, and primary women's health care including limited dysplasia and newborn services; and WHEREAS, the program will bill Title V or Medicaid for all Medicaid eligible services and will ensure that all program income generated through Medicaid be used to expand and enhance women health services and conduct matemal and women's preventive health care, children's health services and provide quality wellness care for the underserved, tminsured and medically indigent. The reduction is due to patients being cared for by other providers and City of Laredo Health Department through CHIP Perinatal. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: Authorizing the City Manager to decrease the contract with the Texas Department of State Health Services by reducing funds in the amount of $5,000 due to FYII mid-year realignment of funds as patients are being assisted through other resources such as CHIP Perinatal. The Health Department Maternal and Child Health (MCH-Title V) Program will receive a total award of $41,000.00 for the continuation of prenatal care services, women's health and wellness, and child early detection and prevention care for the medically indigent, underserved and uninsured. Program for the period beginning September 1,2010 through August 31,2011. Section 2: The revenue account 226-0000-323-4005 is hereby decreased by $5.000.00. Section 3: The expenditure division is 226-6018 and the project number is HEPN03 is hereby decreased by $5,000.00. Section 4: The City Manager is hereby authorized to make transfers within the budget as allowable under the Special Contract Provisions and General Provisions of the contract with TDSHS to meet the necessary costs to accomplish the scope of work for the program. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS ______DAY OF ______, 2011. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORt~EY 2 CITY COUNCIL COMMUNICATION DATE: SUBJECT: FINAL READING OF ORDINANCE 2011-0-080 06/20/2011 Authorizing the City Manager to accept from the Federal Emergency Management Agency (FEMA) an additional $23,626.00 in disaster assistance resulting from the Hurricane Alex flooding with the City providing a 25% match, and authorizing an amendment to the City of Laredo's Fiscal Year 2011 Parking Meters Fund to appropriate such proceeds for the replacement of street lights at several City owned parking lots; and ordaining other matters relating to the subject. INITIATED BY: STAFF SOURCE: Carlos Villarreal, City Manager Rosario C. Cabello, Director of Financial Services PREVIOUS BOARD ACTION: City Council approved Ordinance #2011-0-031 to accept and appropriate $1,642,141 from FEMA in disaster assistance. BACKGROUND: In July 2010, property belonging to the City of Laredo sustained damages from flooding that resulted from Hurricane Alex. City departments submitted a list to FEMA on all property and equipment that were damaged during the event. FEMA will be providing assistance to the City by reimbursing 75% of all approved repairs. The remaining 25% will come from other expense line items within the funds. In fiscal year 2010, FEMA reimbursed the City $354,950 for repairs incurred in FY 2010. In March 2011, The City received an additional $23,626 for damages sustained at several City owned parking lots. Total FEMA assistance for this event will be $2,020,817. FINANCIAL: Parking Meters Fund Revenues FEMA $ 23,626.00 Total $ 23,626.00 Expenses Building Maintenance $ 23,626.00 Total $ 23,626.00 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Finance Committee Approval of ordinance. ORDINANCE NO. 2011-0-080 Authorizing the City Manager to accept from the Federal Emergency Management Agency (FEMA) an additional $23,626.00 in disaster assistance resulting from the Hurricane Alex flooding with the City providing a 25% match, and authorizing an amendment to the City of Laredo's Fiscal Year 2011 Parking Meters Fund to appropriate such proceeds for the replacement of street lights at several City owned parking lots; and ordaining other matters relating to the subject. WHEREAS, on September 20, 2010, City Council adopted the fiscal year 2011 annual budget; WHEREAS, The City Council finds it to be in the best interests of the City of Laredo, Texas, to accept the said additional funds from FEMA in the amount of $23,626 for disaster assistance; and WHEREAS, the local matching funds are allocated within the fund's FY 2010- 2011 budgets. NOW THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1. The City of Laredo's Fiscal Year 2010-2011 budget is hereby amended as follows: Parking Meters Fund Revenues FEMA $ 23,626.00 Total $ 23,626.00 Expenses Building Maintenance $ 23,626.00 Total $ 23,626.00 PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ___ DAY OF ,2011. RAUL SALINAS MAYOR ATTEST: GUSTAVO GUEV ARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: FINAL READING NO. 2011-0-081 Amending the City of Laredo 2010-2011 Utilities 2009 Bond Budget by appropriating 6/2012011 revenues and expenditures in the amount of $225,556.00. Liberty Mutual Surety, the bonding company for SLC Construction, agreed to reimburse the City of Laredo a contribution in the amount of $225,556.00. INITIATED BY: STAFF SOURCE: Jesus M. Olivares, Asst. City Manager Tomas M. Rodriguez, Jr., P.E. Utilities Director PREVIOUS COUNCIL ACTION: None BACKGROUND: SLC Construction, an independent utility contractor, abandoned both the 8" Waterline Replacement Project and the 20" Waterline Replacement along Lyon/Jefferson Project in September 2010. The bonding company, Liberty Mutual Surety, agreed that during the time it took to terminate the contract and acquire a new contractor to finish the projects, the City of Laredo Utilities Department should take over and complete all work on streets SLC had opened but had not finished, for the safety of the community. Liberty Mutual Surety agreed to pay for any associated costs the city incurred on behalf of the project. The reimbursement amount covers the costs associated with man hours, materials and equipment needed for the project so that the areas that were left incomplete would be safe for the community. FINANCIAL IMPACT: Original Amendment Amended Budget Budget 2009D Bond Revenues: Reimbursements 0 225,556.00 225,556.00 Expenditures: Line Rehabilitation 8,427,388.00 225,556.00 8,652,944.00 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Finance & Operations Committee Staff recommends approval of ordinance ORDINANCE 2011-0-081 AMENDING THE CITY OF LAREDO 2010-2011 UTILITIES 2009 BOND BUDGET BY APPROPRIATING REVENUES AND EXPENDITURES IN THE AMOUNT OF $225,556.00. LillERTY MUTUAL SURETY, THE BONDING COMPANY FOR SLC CONSTRUCTION, AGREED TO REIMBURSE THE CITY OF LAREDO A CONTRillUTION IN THE AMOUNT OF $225,556.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Water Operational Construction Fund is amended as follows: Original Amendment Amended Budget Budget 2009D Bond Revenues: Reimbursements 0 225,556.00 225,556.00 Expenditures: Line Rehabilitation 8,427,388.00 225,556.00 8,652,944.00 PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2011 RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR., CITY SECRETARY .. APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY BY: ------VALERIA ACEVEDO ASSISTANT CITY ATTORNEY CITY COUNCIL COMMUNICATION Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2011-0-082 06-06-11 AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE THE AMENDMENT TO THE FEDERAL TRANSIT ADMINISTRATION (FTA) GRANT TX-04-0055-01, SECTION 5309, IN THE AMOUNT OF $1,773,000.00 WITH A LOCAL MATCH OF $443,250.00, FOR A TOTAL GRANT BUDGET OF $2,216,250.00; AND TO AMEND THE FY 2010-2011 TRANSIT CAPITAL GRANTS BUDGET IN THE AMOUNT OF $2,216,250.00 TO BE USED FOR THE TRANSIT "ADMINISTRATIVE/ OPERATIONAL/MAINTENANCE FACILITY". INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Feliciano Garcia, LTMI General Manager PREVIOUS BOARD ACTION: None BACKGROUND: The City of Laredo received a Section 5309 bus Program earmark from Congress for following: • Laredo Bus Maintenance Facility and refueling Depot for $950,000.00 • Laredo-North Laredo Transit Hub-Bus maintenance Facility for $823,000.00 For a total of $ 1,773,000.00 to be used for the "Laredo Administrative/Operational/Maintenance Facility" project. El Metro currently provides fixed route service from a single facility located at 401 Scott Street that supports a fleet of 49 buses and 18 mini-buses (vans) including support vehicles. The facility includes the operations offices, driver areas, vehicle maintenance, fuel & wash, and parts storage to support the assigned fleet. To accommodate El Metro's projected fleet growth, a new Maintenance and Operational facility will be required. In preparation for this event, El Metro and the City of Laredo have acquired the land approximately 23 acres in north Laredo near the airport. This will not only house the operations and maintenance department but also facilitate the administration personnel currently assigned in the downtown Transit Intermodal Center. FINANCIAL: Budget Proposed Budget Amendment Budget Revenues: FTA Capital Grants $4,078,237 $1,773,000 $5,851,237 Transfer In/Sales Tax $443,250 $443~250 Total Revenues $4,078,237 $2,216,250 $6,294,487 Expenses: $970,000 $2,216,250 $3,186,250 TRANSIT COMMITTEE: STAFF RECOMMENDATION: Staff recommends approval of this ordinance. ORDINANCE NO. 2011-0-082 AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE THE FEDERAL TRANSIT ADMINISTRATION (FTA) GRANT TX-04-0055-01, SECTION 5309, IN THE AMOUNT OF $1,773,000.00 WITH A LOCAL MATCH OF $443,250.00, FOR A TOTAL GRANT BUDGET OF $2,216,250.00; AND TO AMEND THE FY 2010-2011 TRANSIT CAPITAL GRANTS BUDGET IN THE AMOUNT OF $2,216,250.00 TO BE USED FOR THE TRANSIT "ADMINISTRATIVE/ OPERATIONALIMAINTENANCE FACILITY". WHEREAS, The Federal Transportation Administration is prepared to award a grant to the City of Laredo, in the amount of $1,773,000.00 with a local match of $443,250.00, for a total of $2,216,250.00; and WHEREAS, The City Council finds it to be in the best interest of the City of Laredo, Texas to accept the said grant Section 5309 and amend the FY 2010-2011 Transit Capital Grants Budget. 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 (FTA), Section 5309 Grant TX-04-0055 -01 in the amount of $1,773,000.00; and Section 2. the City Manager is authorized to match the grant funds in the amount of $443,250.00 for a total of$2,216,250.00; and Section 3. 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 ,2011. RAUL SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: BY: ______RAUL CASSO CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: ORDINANCE 2011-0-083 6-20-11 Authorizing the City Manager to execute a License Agreement between the City of Laredo Texas ("Licensor"), and Texas Telecommunications, LP, a Texas limited partnership ("Licensee"), for space on the tower located at 1501 Water Street, for installation and operation of antennae facilities. Term of the lease is five (5) years, with three (3) successive renewal terms of five (5) years. Annual base rent shall be $15,000.00, with a three percent (3%) increase on each anniversary of the commencement date; and providing for effective date. INITIATED BY: STAFF SOURCE: Horacio H. De Leon Heberto L. Ramirez Assistant City Manager 1ST Director PREVIOUS COUNCIL ACTION: Introductory reading approved at its meeting of June 6, 2011. BACKGROUND: This License Agreement is for space at the Tower located at 1501 Water Street, Laredo, Webb County, Texas, more fully described in Exhibit "A" of License Agreement, for the installation and operation of antennae facilities, more fully described in Exhibit "C" of the license agreement, for use in connection with its communications business. Staff has proposed the use of City of Laredo property to promote the orderly growth and placement of cellular tower sites in our municipality. City staff has diligently attempted to regulate the proliferaUon of towers in our community by promoting the use of water tanks and other structures. The city currently has a total of 38 leases with American Tower, AT&T, Nextel Partners, T-Mobile and Verizon. FINANCIAL IMPACT: The city will receive an annual rent of $15,000.00 with a 3% increase on each anniversary of the commencement date. Rent will be credited to General Fund- Telecommunications Rentals line item number 101-0000-361-2006. RECOMMENDATION: STAFF RECOMMENDATION: Staff recommends approval. ORDINANCE 2011-0-083 AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF LAREDO, TEXAS ("LICENSOR") AND TEXAS TELECOMUNICATIONS, LP, A TEXAS LIMITED PARTNERSHIP (LICENSEE"), FOR SPACE ON THE TOWER LOCATED AT 1501 WATER STREET, LAREDO, WEBB COUNTY, TEXAS, AND BEING MORE FULLY DESCRIBED IN EXHIBIT "A" OF LICENSE AGREEMENT, FOR THE INSTALLATION AND OPERATION OF ANTENNAE FACILITIES, AS DESCRIBED IN EXHIBIT "c" OF LICENSE AGREEMENT FOR USE IN ITS COMMUNICATIONS BUSINESS. TERM OF THE LEASE IS FIVE (5) YEARS, WITH THREE (3) SUCCESSIVE RENEWAL TERMS OF FIVE (5) YEARS. ANNUAL BASE RENT SHALL BE $15,000.00, WITH A THREE PERCENT (3%) INCREASE ON EACH ANNIVERSARY OF THE COMMENCEMENT DATE; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, staff recommends that the City Council approve the proposed license agreement between the City of Laredo, Texas ("Licensor") and Texas Telecommunications, LP, a Texas limited partnership ("Licensee"), for space at the Tower located at 1501 Water Street, Laredo, Webb County, Texas and being more fully described in Exhibit "A" of License Agreement, for the installation and operation of antennae facilities, more fully described in Exhibit "c" of the license agreement, for use in connection with its communications business and in furtherance of the development of the City of Laredo Telecommunications infrastructure. WHEREAS, the Information Services and Telecommunications Department finds that said license agreement is in the best interest of the City of Laredo; and WHEREAS, the City Council of the City of Laredo is of the same opinion. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1. The City Manager be and is hereby authorized to execute a license agreement between the City of Laredo, Texas ("Licensor") and Texas Telecommunications, LP, a Texas limited partnership ("Licensee), for space at the Tower located at 1501 Water Street, Laredo, Webb County, Texas and being more fully described in Exhibit "A" of License Agreement, for the installation and operation of antennae facilities, more fully described in Exhibit "c" of the license agreement, for use in connection with its communications business," copy of which license agreement is attached hereto as Exhibit A and incorporated herein as if set out at length for all intents and purposes. Section 2. This Ordinance shall become effective upon passage hereof. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF JUNE 2011. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY LICENSE AGREEMENT THIS LICENSE AGREEMENT (the "License") is entered into this day of ______~==_--, 20_ (the "Date of this License"), between the City of Laredo, Texas ("Licensor"), and Texas Telecommunications, LP, a Texas limited partnership ("Licensee"). 1. Premises. Subject to the following terms and conditions, Licensor licenses to Licensee on a non-exclusive basis space on the tower located on the real property known as 1501 Water Street, Laredo, Webb County;-Texas· (the Premises ") within the-jurisdictional limits of the City of baredo; Texas.-Theexact - space on the tower is further described and depicted in an engineered drawing attached hereto as Exhibit B. Licensor also licenses to Licensee on a non-exclusive basis the right to use the Premises for pedestrian and vehicular ingress and egress and the installation of utilities serving the Premises and improvements thereon over and across Licensor's property described in the attached Exhibit A (the "Property"). All other access to the property is governed by Section 9 below. 2. Term. a. The initial term of this License shall be five (5) years (the "Initial Term"), commencing on May 13, 2010 (the "Commencement Date"). The Initial Term shall expire at Midnight on the day before the fifth (5th) anniversary ofthe Commencement Date. b. Licensee shall have the right to extend this License for three (3) additional, five-year terms (each being a "Renewal Term"). Licensee's license of the Premises during each Renewal Term shall be on the same terms and conditions as set forth herein except that the amount of License Fee shall be as provided in Section 3 below. This License shall automatically renew for each successive Renewal Term unless Licensee notifies Licensor in writing of Licensee's intention not to renew this License at least sixty (60) days prior to the expiration of the initial term or any Renewal Term and provided that Licensee is not in default of this License on the first day of such Renewal Term. c. If Licensee shall remain in possession of the Premises at the expiration of the Initial Term or any Renewal Term without a written agreement, such possession shall be deemed a holdover use under the same terms and conditions of this License, except that the License Fee shall be 150% of the License Fees in effect at the expiration of this License. Nothing contained herein shall grant Licensee the right to holdover after the term ofthis License has expired. 3. License Fee. a. From and after the occurrence of the Commencement Date until the commencement of a Renewal Term, Licensee shall pay Licensor annually in advance, the sum of Fifteen Thousand and 00/100 Dollars ($15,000.00) ("License Fee") The License Fee shall increase annually during the Initial Term and any Renewal Term, effective as of each annual anniversary of the Commencement Date, by an amount equal to three percent (3%) per annum above the amount of the License Fee in effect immediately prior to such increase. The License Fee shall be payable annually in advance without offset or deduction, except as provided herein, at Licensor's address specified below or to any other person or firm as Licensor may, from time to time, designate in writing at least sixty (60) days in advance of any License Fee payment date. If, at any time, Licensee fails to make timely payment, interest shall accrue on the past due amount at the rate of eighteen percent (18%) per annum or the maximum allowable by law, whichever is less, l.,mtil paid in full.· This right is in addition to all rights of Licensor to terminate this License pursuant to Section 11 herein. All sums payable by Licensee under this License, whether or not stated to be license fees or additional license fees, shall be collectible by Licensor as license fees, and upon default in payment thereof Licensor shall have the same rights and remedies as for failure to pay license fees (without prejudice to any other right or remedy available therefor). SprintlNextel Site lD: SA03ALOO I-A b. Except as herein provided, Licensee shall not have the right to sublicense any of the Premises. c. Simultaneously with the execution of this License by Licensee, Licensee has paid to Licensor, and Licensor hereby acknowledges receipt of, a commitment deposit in the amount equal to 25% of the first year's fent uQder this License (the "Commitment Deposit"). Upon the commencement of the term of this License, the Commitment Deposit shall be applied to the License Fee hereunder and the remainder owed for the first year shall be immediately due and payable. Otherwise, the Commitment Deposit shall be retained by Licensor as hereinafter provided in Section 5 hereof. d. Licensee shall have the right (but not the obligation) to use a direct deposit system with regard to License Fee payments.-Licensoragrees to cooperate with Licensee in providing requisite information to Licensee for such direct deposit. The implementation of the direct deposit system shall be at Licensee's expense. 4. Permitted Use. a. The Premises may be used for (i) the transmission and reception of communication signals within or ~tili~h1gtIle>· .}c ... ;'::,.·... ·· . ·.·.···j'~~J;;frl~q~~JJc~1Jalld €_..·lc( ... /:::;~,n::Ii,~d _·· -2- SprintlNexte\ Site 10: SA03ALOOI-A operation of a the Antenna Facilities on or within the Premises would not be in Licensee's best interests, Licensee shall have the right at any time prior to the expiration of the Due Diligence Period to terminate this License by sending written notice of termination to Licensor. In the event of such termination, Licensor shall retain the Commitment Deposit as consideration for Licensee's right to terminate. Thereafter, neither Licensor nor Licensee shall have any further obligation or liability under this License except as otherwise provided herein. Licensee shall indemnify Licensor and hold it harmless from all expenses, costs, damages, loss, claims or other expenses and liabilities arising from any inspection of the Premises by Licensee and its agents, engineers, contractors and other representatives during the Due Diligence Period, excluding, however, any liability arising from any pre-existing condition or acts or omissic)lls ofLicensor, its employees, agents,representatives or contractors. 6. Interference. Licensee shall operate the Antenna Facilities in a manner that will not cause interference with the use or enjoyment of the Property by Licensor and other lessees or licensees in and/or on the Property as of the Date of this License including but not limited to, the MATV systems, HVAC systems, roof, electronically controlled elevator system, computers, telephone systems, or any other system serving the Property and/or its occupants. Licensor hereby acknowledges that Licensee's use of the Premises for Licensee's Permitted Use shall not constitute an impermissible interference. All operations of Licensee shall be lawful and in compliance with all Governmental Requirements (as hereafter defined), rules and regulations including, but not limited to those of the Federal Communications Commission ("FCC") and the Federal Aviation Administration ("FAA"). "Governmental Requirements" shall mean all requirements under any federal, state or local statutes, rules, regulations, ordinances, or other requirements of any duly constituted public authority having jurisdiction over the Property (including, without limitation, the Premises). Should Licensee be notified by any government agency of any violation, it must share said notice with Licensor within five business days of notice and Licensee shall provide Licensor documentation from the government agency that Licensee has cured the default. Licensee shall indemnify Licensor and hold it harmless from all expenses, costs, damages, loss, claims or other expenses and liabilities arising from any interference caused by Licensee's failure to comply with FCC or FAA rules and regulations that is not curtailed within thirty (30) days after Licensee receives written notice of such interference from Licensor. Licensee shall be responsible for all costs associated with any tests deemed necessary to resolve any and all interference as set forth in this License. If such interference caused by Licensee's failure to comply with FCC or FAA rules and regulations has not been corrected within thirty (30) days after Licensee receives written notice thereof from Licensor, Licensor may require Licensee to remove the specific items from the Antenna Facilities causing such interference. a. Licensor shall not alter its existing or contemplated use of the Property, nor shall Licensor permit any lessees, licensees, users, occupants, employees, invitees or agents obtaining rights to the Property from and after the date hereof to use, any portion of the Property in any way which interferes with the operations of Licensee. Without limiting the generality of the foregoing, Licensor hereby acknowledges and agrees that in the event of any interference with Licensee's Permitted Use as a result of the transmission or reception (or both) of radio, microwave or other telecommunications signals by a future lessee, licensee, user or occupant of the Property, Licensee's rights hereunder to conduct Licensee's Permitted Use shall be and remain superior to the ri.ghts of any such future lessee, licensee, user or occupant, subject, however, to the provisions of Section 6.c. below. Licensor further acknowledges and agrees that interference with Licensee's operations shall cause Licensee to suffer irreparable injury and entitle Licensee, in addition to exercising any other rights hereunder or under applicable law, to seek the immediate enjoinment of such interference against the interfering party. -3- SprintlNextel Site ID: SA03ALOOI-A b. Licensor reserves the right to license other portions of the Property to other parties during the term of this License. Accordingly, Licensor agrees that any other person or entity who may install equipment subsequent to the Date of this License in andlor on the Property will be permitted to install only such communications equipment that is of the type and frequency that will not cause any interference to Licensee or persons or entities claiming through or under Licensee. In the event any such person or entity's equipment causes such interference, Licensor will promptly cause the interfering party to take all steps necessary to correct and eliminate the interference or such interfering party will be required to immediately cease operations until such interference is removed. To the extent that Licensee's operations are not within the parameters of its FCC license, this protection from co-located interference will not be applicable, but it shall be applicable with -respect to those operations; or portions thereof, falling within the FCC license parameters. Notwithstanding the foregoing, Licensee's right to be free from interference and Licensor's duties concerning the prevention andlor correction of interference shall be subject to Section 6.c. below. c. In the event that Licensee commences using the Premises in a manner as to which Licensee is not presently licensed by the FCC but with respect to which Licensee hereafter obtains necessary FCC licensure, Licensee's right to conduct such particular use shall be subordinate to the use of the Property by Licensor, other licensees or occupants thereof existing on or before the date on which Licensee commences such use. Licensor shall be under no obligation to exercise the duties concerning interference described above. 7. Improvements: Utilities. a. Prior to installing or allowing any Antenna Facilities to be installed in or on the Premises, Licensee shall submit detailed engineering plans and specifications of the planned installation to Licensor for Licensor's written approval, which approval shall not be unreasonably withheld, delayed or conditioned. Licensor's review of Licensee's plans shall include a review of the appearance of the Antenna Facilities. The Antenna Facilities to be installed must be in compliance with all federal, state, and local laws, including but not limited to local zoning requirements, and will adhere to all technical standards set forth in this License. Licensor's approval of any installation is not a representation that such installation of the Antenna Facilities is in compliance with all applicable governmental laws, ordinances, rules and regulations or that such facilities will not cause interference with other communications systems, if any, then in operation on the Property. Licensee hereby confirms and agrees that the Antenna Facilities shall be installed and operated solely within the Premises. b. All work by Licensee shall be performed in compliance with applicable laws and ordinances. During Licensee's construction of the Antenna Facilities, Licensee shall have, and Licensor hereby grants to Licensee, a temporary construction easement to use portions of the Property reasonably necessary for the storage of materials and staging of construction. Licensee and its contractors and subcontractors shall be solely responsible for the transportation, storage and safekeeping of materials and equipment used in the performance of any work, for the removal of waste and debris resulting there from on a daily basis, and for any damage caused by them to any installations or work performed by Licensee's contractors and subcontractors. Upon completion of construction, Licensee shall remove any items stored or placed by Licensee in such temporary easement area and return such area to Licensor in the condition existing prior to construction (subject to normal wear and tear). c. Licensee is not authorized to contract for or on behalf of Licensor for work on, or the furnishing of materials to the Premises or any other part of the Property, and Licensee shall discharge of record by payment, bond or otherwise, within thirty (30) days subsequent to the date of its receipt of written notice thereof from Licensor, any mechanic's, laborer's or similar lien filed against the Premises or the Property for work or materials claimed to have been furnished at the instance of Licensee. The Antenna Facilities shall remain the exclusive property of Licensee during the term of this License, and Licensee shall have -4- SprintlNexte\ Site ID: SA03ALOO I-A the right to remove all or any portion of the Antenna Facilities at any time during the term of this License or following the term of this License as hereinafter provided. d. Licensee will notify Licensor prior to commencing Licensee's installation work on the Property. Prior to commencing any installation, Licensee will at its own cost and expense deliver to Licensor a certificate of insurance confirming that comprehensive general liability insurance as required under Section 14 of this License, covering the risk during the course of performance of Licensee's installation, has been obtained and is in place, which policy as endorsed will protect Licensor and Licensor's property manager, if applicable, with respect to the Property) against any claim or liability arising out of the installation. Licensee's contractor will name Licensor and Licensor's property manager as additional i~sured~nder--c(Jliiractor's -insurance policies. Prior to Licensee's commtmcement of the Instaifatloll of the Antenna Facilities, Licensee shall provide Licensor with copies of any Governmental Approvals obtained by Licensee with respect to this License. e. All installation and other work to be performed by Licensee hereunder will be done in such a manner so as not to interfere materially with, delay or impose any additional expense upon Licensor in maintaining the Property. In no event will Licensor be required to consent to any installation or other work by Licensee which would physically affect any part of the Property outside the Premises (other than with respect to the temporary construction easement described in Section 7.b hereof, which shall be subject to Licensee's duty to restore such area as provided therein). Licensee shall repair any damage caused by Licensee to the Property, reasonable wear and tear excepted. f. Within 30 days following any termination or expiration of this License, Licensee shall remove all of the Antenna Facilities. In performing such removal, Licensee shall restore the Premises and any personal property and fixtures thereon to as good a condition as they were in prior to the installation or placement of the Antenna Facilities, reasonable wear and tear excepted, provided, however, this obligation to restore shall be limited to restoration to a depth of three (3) feet below grade. ; If Licensee fails to remove all of the Antenna Facilities within ninety (90) days after expiration or earlier termination of this License, Licensor may remove and dispose of the Antenna Facilities within the next succeeding ninety (90) day period, and Licensee shall reimburse Licensor for the reasonable costs actually incurred of such removal and restoration of the Premises, or Licensor may deem the Antenna Facilities abandoned, whereupon the Antenna Facilities shall become Licensor's property. Licensee shall, at Licensee's expense, keep and maintain the Premises in commercially reasonable condition and repair during the term of this License. Licensee agrees to maintain the Antenna Facilities in proper operating condition and within industry accepted safety standards. All installations and operations of the Antenna Facilities by Licensee shall comply in all material respects with all applicable rules and regulations of the FCC and all applicable federal, state, city, county and local codes and regulations. Licensor assumes no responsibility for the licensing, operation or maintenance of the Antenna Facilities. Licensee has the responsibility of carrying out all of the terms of its FCC license. g. Licensee shall have the right, at Licensee's expense, to install utilities within the Property and to install or improve utilities on the Premises (including, but not limited to the installation of emergency power generators). All utility routes must be approved by Licensor prior to construction, which approval will not be unreasonably withheld, conditioned or delayed. Licensee agrees to have a separate meter installed for Licensee's electrical power consumption, whereupon Licensee shall pay the power utility directly for such usage. S. Technical Standards. Licensee agrees that the installation, operation and maintenance of the Antenna Facilities shall at all times, and at Licensee's expense, comply with all applicable governmental laws and regulations and with such technical standards as may from time to time be established by Licensor for the Premises, -5- Sprint/Nextel Site ID: SA03ALOOI-A including, without limitation, technical standards relating to frequency compatibility, radio interference protection, antenna type and location and physical installation (the "Technical Standards"). The current Technical Standards are attached hereto as Exhibit D. If (i) any applicable governmental laws and regulations or (ii) any new technical standards established by Licensor shall require that Licensee modify or revise the then existing installation, operation or maintenance of the Antenna Facilities, Licensee shall make such modifications or revisions at Licensee's sole expense within thirty (30) days thereafter. 9. Access. Upon 24 hour notice in writing to Licensor,Licensee and its "authorized personnel" shall be entitled to escorted access for customary maintenance of the Premises during Licensor's normal business hours. Should Licensee require emergency access, said access shall be obtained by calling the City of Laredo's Utilities Department Emergency Telephone line (956-721-2000). For purposes hereof, authorized· personnel shall mean only authorized employees, engineers, technicians, or properly authorized contractors of Licensee or persons under their direct supervision. All access to the Premises by Licensee shall be subject in each instance to the reasonable security requirements, including a required city escort, as well as compliance with reasonable rules and regulations from time to time in effect at the Property, of which Licensor shall inform Licensee in writing. In the event Licensee requires access to the Premises outside of Licensor's normal business hours, Licensee will be responsible for any reasonable costs incurred by Licensor in providing such escorted access to the Premises. 10. Event of Default. It shall be an Event of Default if anyone or more of the following events shall occur: a. Licensee shall default in the payment when due of any License Fees or other sum of money specified hereunder to be paid by Licensee, and Licensee does not remedy such default within ten (10) days after written notice thereof is received from Licensor (provided, however, that Licensor shall not be required to provide such notice with respect to more than two payments required during any calendar year during the term hereof); or b. Licensee shall default in the performance of any other of the terms, conditions or covenants contained in this License to be performed or observed by Licensee other than that specified in (a) above and the interference provision herein and Licensee does not remedy such default within thirty (30) days after written notice thereof is received by Licensee or, if such default cannot be remedied in such period, Licensee does not, within twenty (20) days after Licensee's receipt of such notice from Licensor, commence such efforts or acts as shall be necessary to remedy the default and continue to prosecute such efforts and/or acts to completion with reasonable diligence. c. Upon the occurrence of an Event of Default, Licensor shall have and may pursue all rights and remedies permitted by applicable law, including but not limited to the following: i) upon three (3) days' notice to Licensee, declare to be immediately due and. payable, on account of the License Fees and other charges herein reserved for the balance of the term of this License (taken without regard to any early termination of such term on account of an Event of Default or other right to terminate this License), a sum equal to (y) all License Fees and other charges, payments, costs and expenses due from Licensee to Licensor and in arrears at the time of the Event of Default, plus (z) the License Fees reserved for the then entire unexpired balance ofthe then current term of this License (taken without regard to any early termination of the term by virtue of an Event of Default), plus all other charges, payments, costs and expenses herein agreed to be paid by Licensee up to the end of such term which shall be capable of precise determination at the time of the Event of Default. -6- SprinUNextel Site 10: SA03ALOOI-A ii) whether or not Licensor has elected to recover sum set forth in (i) above, terminate this License on at least five (5) days' written notice to Licensee and, on the date specified in such notice, this License and the term hereby demised and all rights of Licensee hereunder shall expire and terminate and Licensee shall thereupon quit and surrender possession of the Premises to Licensor in the condition elsewhere herein required in which event Licensee shall remain liable to Licensor as herein provided. iii) suspend the supply of electrical power to the Antenna Facilities until the default is cured by Licensee, and Licensor shall have no liability to Licensee, and Licensee shall have no right to all.aJ?!l~~!!l:ent of License I:~~~~fo~su~h_sllspension and Licensee hereby waives all claims for damages against Licensor resulting from such suspension of services...... d. In the event Licensor shall fail to keep or perform any of the terms, conditions or covenants contained in this License to be performed or observed by Licensor, and Licensor does not remedy such failure within thirty (30) days after written notice thereof is given to Licensor, Licensee shall have and shall be entitled to exercise any and all rights and remedies permitted at law. 11. Termination by Licensee. Following the Commencement Date, and except as otherwise provided herein, provided that no Event of Default exists at the time of issuance of Licensee's written notice, this License may be terminated by Licensee in the following circumstances: a. After the Initial Term, upon sixty (60) days prior written notice and without penalty or further liability, if Licensee is unable to operate the Antenna Facilities in accordance with Licensee's Permitted Use on the Premises as a result of material interference (other than on a temporary, non-recurring basis) resulting from the act of any third party (other than an Existing Licensee); . b. Notwithstanding any provision contained in this License to the contrary, Licendee may, in Licensee's sole and absolute discretion and for any or no reason, terminate this License without further liability upon six (6) months prior written notice to Licensor, provide there shall be no refund of prepaid rent and Licensee shall be subject to a rent equivalent to two hundred percent (200%) of the License Fee due for any occupation of the Premises or Property after the date listed in the six month notice letter. c. Upon Licensee terminating in accordance with this Section, Licensee shall surrender and vacate the Premises and deliver possession thereof to Licensor on or before the termination date in the condition required under this License for surrender of the Premises. 12. Casualty and Condemnation. a. If at any time during the term of this License all or "substantially all" (meaning the remaining portion thereof shall not be of sufficient size or condition to permit the continuation of Licensee's Permitted Use in a commercially reasonable manner) of the Antenna Facilities upon the Premises shall be damaged and/or destroyed by fire or other casualty, then Licensee may terminate this License by providing written notice to Licensor and without further liability, which termination shall be effective as of the date of such damage and/or destruction, and whereupon Licensee shall be entitled to collect all insurance proceeds payable on account thereof and to the prompt reimbursement of any prepaid License Fee, to be apportioned as of the termination date. b. If at any time during the term of this License all or "substantially all" (as described in the preceding subsection 12 (a)) of the Premises or the improvements located on the Property shall be taken in the exercise of the power of eminent domain by any governmental or other authority, or by deed in lieu of condemnation, then Licensee may terminate this License without further liability by providing written notice to Licensor, which termination shall be effective as of the date of the vesting of title in such taking and any prepaid License Fee shall be apportioned as of said date and prompt reimbursed to -7- SprintlNextel Site ID: SA03ALOOI-A Licensee. Licensor and Licensee shall each be entitled to pursue their own separate awards with respect to such taking, but in any event, Licensee's award shall be limited to lost improvements investment, relocation, and loss of business. In the event of any taking of less than all or substantially· all of the Premises, this License shall continue and each of Licensor and Licensee shall be entitled to pursue their own separate awards with respect to such taking. 13. Taxes. Licensee shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Antenna Facilities. Licensor shall pay when due all real property taxes and all other fees and· assessments attributable to the Premises and the Property.·· However, . Licensee shall pay, as additional License Fee, any increase in real property taxes levied against the Premises (excluding any additional taxes that relate to the period prior to the Commencement Date, i.e., rollback taxes) and all use and occupancy taxes, if any, which is directly attributable to Licensee's use of the Premises, and Licensor agrees to furnish written documentation of such increase to Licensee. 14. Insurance, Release and Hold Harmless. a. Licensee shall, at Licensee's sole cost and expense, procure and continue in force during the term of this License, including ~ny Renewal Term: (i) Workers Compensation insurance at statutory limits, including Employers Liability coverage with a minimum limits of $1,000,000 each-occurrence each accidenti$l,OOO,OOO by disease each-occurrence/$1 ,000,000 by disease aggregate; (ii) Commercial General Liability insurance at minimum combined single limits of $1,OOO,OOO_per-occurrence and $2,000,000 general aggregate for bodily injury and property damage, . which coverage shall include products/completed operations($l,OOO,OOO products/ completed operations aggregate), and XCU (Explosion, Collapse, Underground) hazards. Coverage must be written on an occurrence form. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. The general aggregate limit must be at least two (2) times the each-occurrence limit; and (iii) Commercial Automobile Liability insurance at minimum combined single limits of $1,000,000 per-occurrence for bodily injury and property damage, including owned, non-owned, and hired car coverage; (iv) "All-risk" property insurance insuring the Antenna Facilities and its appurtenant personal property for full replacement costs. (b) Any Subcontractor(s) hired by the Licensee shall maintain insurance coverage equal to that required of the Licensee. It is the responsibility of the Licensee to assure compliance with this provision. The City of Laredo accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. (i) Builders Risk coverage, if applicable. A Comprehensive General Liability insurance form may be used in lieu of a Commercial General Liability insurance form. In this event, coverage must be written on an occurrence basis, at limits of $1,000,000 each-occurrence, combined single limit, and coverage must include a broad form Comprehensive General Liability Endorsement, products/completed operations, XCU hazards, and contractual liability. -8- SprintlNexteJ Site ID: SA03ALOO I-A (c) With reference to the foregoing insurance requirement, the Licensee shall endorse applicable insurance policies as follows: (i) The City of Laredo shall be named as an additional insured with respect to General Liability, and Automobile Liability. (ii) All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. (iii) A waiver of subrogation in favor of The City of Laredo shall be contained in the Workers' Compensation and all liability policies. (iv) Insurer shall immediately notify The City of Laredo of any changes in policy language, limits, terms and conditions affecting insurance coverage requirements under the terms of this contracts . (v) All insurance policies shall be endorsed to the effect that The City of Laredo will receive at least thirty (30) days' notice prior to cancellation or non-renewal of the insurance. (vi) All insurance policies, which name The City of Laredo. as an additional insured, must be endorsed to read as primary coverage regardless of the application of other insurance. (vii) Required limits may be satisfied by any combination of primary and umbrella liability Insurances. (viii) Licensee may maintain reasonable and customary deductibles, subject to approval by The City of Laredo. (ix) Insurance must be purchased from insurers who hold a current rating of not less than A-, VII according to A.M. Best. (x) All insurance must be written on forms filed with and approved by the Texas Department of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company orits authorized agent and shall contain provisions representing and warranting the following: . (xi) Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein. (xii) Shall specifically set forth the notice-of-cancellation or termination provisions to The City of Laredo. (d) Licensee hereby releases Licensor and Licensor's property manager, if any, and their respective agents, employees, officers, directors, shareholders and partners (collectively the "Releasees") from, and -9- SprintlNextel Site ID: SA03ALOOI-A shall not hold Releases liable for, any liability for personal injury, consequential damages, loss of income or damage to or loss of property or persons, or loss of use of any property, in or about the Premises from any cause whatsoever unless such damage, loss or injury directly results from the gross negligence or willful misconduct of the Releases. Further, the Releases shall not be liable to Licensee for any such damage or loss to the extent Licensee is compensated or would have been compensated by the insurance which Licensee is obligated to maintain pursuant to this Section 14. (e) Licensee agrees to indemnify, defend and hold Releases harmless from and against injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attofIleys'fees and courtcosts)which maybe imposed upon or incurred by or asserted against Releasees occurring d~~ing the term ofihis Ltcense;or-durlng any period of time prior to the CommencenierifDate hereof or after the expiration date hereof when Licensee may have been given access to or possession of all or any part of the Premises arising from: (i) any work or act done in, on or about the Premises or any part thereof at the direction of Licensee, its agents, contractors, subcontractors, servants, employees, licensees or Invitees, including but not limited to the installation, use, maintenance, repair or removal of the Antenna Facilities, except if such work or act is done or performed by Licensor or its agents or employee (ii) any negligence or other wrongful act or omission on the part of Licensee or any of its agents, contractors, subcontractors, servants, employees, sub-licensees, licensees or invitees; (iii) -any accident, injury or damage to any person or property occurring in, on or about the Premises or any part thereof, unless caused by the gross negligence or willful misconduct of Licensor, its empl,oyees or agents; and (iv) any failure on the part of Licensee to perform or comply with any of the covenants, agreements, terms, provisions, conditions or limitations contained in this License on its part to be performed or complied with. (f) Licensor agrees to indemnify, defend and hold Licensee harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising from any act, omission or negligence of Licensor or its employees or agents, or the breach of this License except to the extent attributable to the gross negligence or intentional act or omission of Licensee, its employees, agents or independent contractors. (g) Each party hereto hereby waives any and every claim which arises or which may arise in its favor and against the other party hereto during the term of this License or any extension or renewal thereof for any and all loss of, or damage to, any of its property located within or upon or constituting a part of the Premises, to the extent that such loss or damage is recovered under an insurance policy or policies. Each party shall have their respective insurance company issue any such insurance policy with a provision waiving such insurance company's right of subrogation. 15. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following addresses: -10- SprintlNexteI Site ID: SA03ALOO I-A If to City of Laredo, Texas, to Heberto L. Ramirez City of Laredo 1101 Garden St. Laredo, Texas 78040 with a~opy to:_ Gerard Lavery Lederer, Esquire Miller & Van Eaton, P.L.L.C. 1155 Connecticut Ave, N.W. Suite 1000 Washington D.C. 20036 If to Licensee, to: Texas Telecommunications, LP Sprint/Nextel Property Services Site ID: SA03ALOOl Mailstop KSOPIITOIOI-Z2650 6391 Sprint Parkway Overland Par~, KS 66251-2650 with copies to: SprintJNextel Law Department Attn: Real Estate Attorney Site ID: SA03ALOOI Mailstop KSOPHTO 10 l-Z2020 6391 Sprint Parkway Overland Park, KS 66251-2020 or to such other address as each party may designate for itself by like notice given in accordance with this Section 15. Notices will be deemed to have been given upon either receipt or rejection. Unless or until either of the respective addresses is changed by notice in writing sent to the other party as set forth above, thereafter to the address contained in such notice. 16. Quiet Enjoyment, Title and Authority. Licensor covenants and warrants that (i) it has full right, power and authority to execute this License and has the power to grant all rights hereunder; (ii) it has good and marketable title to the Property and the Premises free and clear of any liens, mortgages, restrictions or other encumbrances that will interfere with Licensee's Permitted Use of the Property and the Premises; (iii) its execution and performance of this License will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, license or other agreement binding on Licensor; (iv) Licensee shall have the quiet enjoyment of the Premises, and Licensee shall not be disturbed as long as Licensee is not in default beyond any applicable grace or cure period; and (v) if the Premises are encumbered by a deed to secure -11- Sprint/Nextel Site ID: SA03ALOOI-A debt, mortgage or other security interest, Licensor will provide promptly to Licensee a Subordination, Non-Disturbance and Attornment Agreement ("SNDA") on such lender's or mortgagees then current form and one which is reasonably acceptable to Licensee. Licensor will permit Licensee to contact such holder directly and will cooperate with Licensee in connection with any such discussions between Licensee and such holder concerning an SNDA. 17. Hazardous Substances. Licensee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within the.Premises in violation of any law or regulation. Licensor represents, warrants and agrees (l}that-neither-Licensor nor; to Licensor's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within the Premises in violation of any law or regulation, except as disclosed in this License, and (2) that Licensor will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within the Premises or the Property in violation of any law or regulation. Licensor and Licensee each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims andlor costs (including reasonable attorneys' fees and costs) arising from any breach of any representation, warranty or agreement contained in this paragraph. In addition, Licensor shall defend, indemnify and hold harmless Licensee from all other losses, liabilities, claims andlor costs arising from or related to the environmental condition of the Premises or the Property, including costs of remediation, which are not the result of any act of Licensee. As used in this paragraph, "Hazardous Material" shall mean hazardous or radioactive material, polychlorinated biphenyls, friable asbestos or other hazardous or medical waste substances as defined by the Comprehensive Environmental Response, Compensation and Liability Act, as amended, or by any other federal, state or local law, statute, rule, regulation or order (including any Government,al Requirements) concerning environmental matters, Qr any matter which would trigger any employee or community "right-to-know" requirements adopted by any such body, or for which any such body has adopted any requirements for the preparation or distribution of a material safety data sheet. This paragraph shall survive the expiration or sooner termination of this License. 18. Assignment. Licensee may assign this License and its other rights hereunder (including, without limitation its right to renew) or sublicense the Premises or any portion thereof, to any person or business entity which is an "affiliate" of Licensee without the prior consent of Licensor. For purposes of this subparagraph, affiliate shall mean; (i) a corporation which owns fifty percent (50%) or more of the outstanding common stock of Licensee, or (ii) a corporation which has fifty percent (50%) or more of its common stock owned by Licensee, or (iii) a partnership which owns fifty percent (50%) or more of the common stock of Licensee, or (iv) a partnership which has fifty percent (50%) or more of its interest in partnership profits owned by Licensee, or (iv) an entity which purchases substantially all of the assets of Licensee, or (v) an entity which is the surviving entity in a merger pursuant to state corporation or partnership law with the Licensee. Licensee may not otherwise assign or sublet this License without Licensor's consent, which consent may be withheld or delayed in Licensor's sole discretion except in connection with an assignment as collateral to secure a loan from a bona fide third party lender obtaining such assignment as part of a larger collateral pool. In the event such consent is unreasonably withheld or delayed, Licensee may immediately terminate this License upon written notice to Licensor thereof. Any assignment consented to by Licensor in its sole discretion shall not operate to release the assigning Licensee from its liabilities and obligations arising hereunder; provided, however, that an assignment of this License to an entity having a net worth of $50,000,000 or more (or to an entity -12- SprintlNexteJ Site 10: SA03ALOOI-A providing a guaranty in Licensor's favor by a guarantor having a net worth equal to or greater than such amount) shall operate to discharge all further obligations of Licensee hereunder. . 19. Successors and Assigns. This License shall run with the Property and shall be binding upon and inure to the benefit of the parties,. their respective successors, personal representatives and assigns. 20. Waiver of Licensor's Lien. Licensor hereby waives any and all1ien rights it may have, statutory or otherwise, concerning the Antenna Facilitiesorany-portion,thereof., The Antenna Facilities shall be deemedpersonalpfQPertyJof purposes of this License, regardless of whether any portion thereof is deemed real or personal property under applicable law, and Licensor hereby consents to Licensee's right to remove all or any portion of the Antenna Facilities from time to time in Licensee's sole discretion. 21. Miscellaneous. a. The prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorneys' fees and court costs. With respect to any provision in this License providing for payment or indemnification of attorneys' fees, such fees shall be deemed to include reasonable fees incurred through any applicable appeal process and' shall include fees attributable to legal services provided by any in house counsel and staff to the prevailing or indemnified party. For purposes hereof, the services of in house attorneys and their staff shall be valued at rates for independent counsel prevailing in the metropolitan area in which such counsel and staff practice. b. Each party agrees to furnish to the other, within ten (10) business days after receipt of a written request, such truthful, customary and reasonable estoppel information as the other may reasonably request. c. This License constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendment to this License must be in writing and executed by both parties. d. Either party hereto that 'is represented in this transaction by a broker, agent or commission salesperson (a "Representative") shall be fully and exclusively responsible for the payment of any fee, commission or other compensation owing to such Representative, and shall indemnify and hold the other party harmless from and against any claim to a fee, commission or other compensation asserted by such Representative, including reasonable attorneys' fees and costs incurred in defending such claim. e. Each party agrees to cooperate with the other in executing any documents (including a Memorandum or short form of License and/or easement agreement) necessary to protect its rights under this License. Unless the laws of the state in ~hich the Property is located prohibit the recordation of a memorandum or short· form of License, neither party shall record this License, but may record, in lieu thereof, the aforementioned Memorandum or short form of License. In the event of a recordation prohibition described above, either party may record this License. Either party may record all applicable easement agreements. f. This License shall be construed in accordance with the laws of the county and state in which the Premises are located. g. If any term of this License is found to be void or invalid, such invalidity shall not affect the remaining terms of this License, which shall continue in full force and effect. -13- SprintlNexteJ Site ID: SA03ALOOI-A 22. Mortgage Subordination. This License is and shall be subject and subordinate to all ground or underlying leases of the entire Property and to all mortgages, deeds of trust and similar security documents which may now or hereafter be secured upon the Property, and to all renewals, modifications, consolidations, replacements and extensions thereof. This clause shall be self-operative and no further instrument of subordination· shall be required by any lessor or mortgagee, but in confirmation of such subordination, Licensee shall execute, within fifteen (15) days after request, any certificate that Licensor may reasonably require acknowledging such subordination. Notwithstanding the foregoing, the party holding the instrument to which this License is subordiIlate shall have the right to recognize and preserve this License in the event ·cianY-foreclo·sure-saleor-p()ssessory-· actlon;- and iil such case, this· License ·shalr coritiriuejilTtilfforce--· and effect at the option of the party holding the superior lien and Licensee shall attorn to such party and shall execute, acknowledge and deliver any instrument that has for its purpose and effect the confirmation of such attornment. Notwithstanding the foregoing, the subordination set forth above shall be subject to the terms of any SNDA which may be entered into by and between Licensee, Licensor and Licensor's mortgagee. 23. Limitation on Liability. Anything in this License, either expressed or implied, to the contrary notwithstanding, Licensee acknowledges and agrees that each of the covenants, undertakings and agreements herein made on the part of Licensor are made and intended not as personal covenants, undertakings and agreements of Licensor, or for the purpose of binding Licensor personally or the assets of Licensor, except Licensor's interest in the Property; and that no personal liability or personal responsibility is assumed by, nor shall at any time be asserted or enforceable against Licensor, any partner of Licensor, any parent, subsidiary or partner of Licensor or any partner of Licensor, or any of their respective heirs, personal representa tives, successors and assigns. 24. RF Signage and Notices. Licensee, and any permitted sub-licensee, shall install signs alerting the public, but especially workers and public safety officials of any radio frequency emissions or other safety iss.ues. These signs shall comply with OSHA 1910.145 and OSHA CFR 1926.200. In addition, Licensee and any permitted Sub~licensee are referred to two recent FCC and OSHA enforcements orders for guidance on signage. (See http://www.fcc.gov/eb/Orders/2007IDA-07-549AI.html and http://www.fcc.gov/eb/Orders/2007IDA-07-2138AI.html ) To assist Licensee and any permitted Sublicensee, attached hereto and incorporated herein as Exhibit E is the industry standard for signage as established by PCIA - The Wireless Infrastructure Association's Technical Council. [SIGNATURES APPEAR ON PAGES IMMEDIATELY FOLLOWING.] -14- SprintlNexte\ Site ID: SA03ALOOI-A IN WITNESS WHEREOF, the parties hereto have executed this License as of the date aforesaid. LICENSOR: CITY OF LAREDO, TEXAS By: ______ . -Printed Name: ------~ Title: ______Date: ______ LICENSEE: TEXAS TELECOMMUNICATIONS, LP, ATE:: LIiCi:RSHW Printed Name: Nathan Olson Title: Authorized Representative Date: May 5, 2011 -15- EXHIBIT "A" PROPERTY 1. The street address of the Property is: 1501 Water Street, Laredo, Webb County, Texas 2. The Property is recorded in the land records of Webb County, Texas 3. Block 276-A, Western Division, as recorded in volume 7, page 15, of the Webb County, Texas, Plat Records. -16- EXHIBIT "B" LICENSED PREMISES The Licensed Premises shall consist of the following: 1. An exclusive right to the minimum number of square feet required to accommodate Licensee's Antenna Facilities identified in Exhibit C, not to exceed square feet on _(north/southieast//east) side of the Tower, feet from the ground. 2. In addition the exclusive space identified in paragraph 1, Licensed Premises shall have the non- exCluslve-iighC to--a:tiacIif6flie-T6w-er-allnecessary wiring required' tOIl1akeLicensees 'Aiiteooae - Facilities functional, so long as all such wiring is no higher than that distance identified in paragraph one. 3. Other than the right of ingress and egress and the ability to employ existing utility easements, Licensee has no claim to any ground space. (See attached) -17- CITY OF LAREDO ENGINEERING DEPARTMENT 4REDO, TE~~ 1755 A 546.99 SQ.FT. TRACT OF LAND A tract ofland containing 546.99 sq.ft., located on the southwest side of the intersection of Santa Maria Avenue and Water Street, in the Western Division, City of Laredo, Webb County, Texas; said 546.99 sq. ft. tract of land being more particularly described by metes and bounds as follows: COMMENCING at a found "X" mark on the northwest corner of Block No. 276-A, Western Division, as recorded in vo- lume 7, page 15, of the Webb County, Texas, Plat Records; . THENCE, SOUTH, along the east right-of-way line of Davis Ave., also being the west boundary line of said Block No. 276- A, a distance of 293 .90 feet to a point of deflection to the left; THENCE, EAST, a distance of251.58 feet to the POINT-OF-BEGINNING hereof; THENCE, SOloI4'34''E, along a chain link fence around the perimeter of the antenna tower, a distance of31.54 to an exte rior comer and point of deflection to the right; , THENCE, S23°26'07"W, continuing along said chain link fence, a distance of2.14 feet to an exterior. comer and point of deflection to the right; THENCE, S76°54'28"W, continuing along said chain link fence, a distance of 2.56 feet to an·exterior comer. and point of deflection to the right; THENCE, NS5°43 '20"E, continuing along said chain link fence, a distance of 33.13 feet to an exterior comer and point of deflection to the right; THENCE, N62°50'21''E, continuing along said chain link fence, a distance of33.76 feet to the POINT-OF-BEGINNING of this tract ofland, containing 546.99 sq.ft., in the City of Laredo, Webb County, Texas. I, ROGELIO RIVERA, a Registered Professional Land Surveyor, do hereby certify that the foregoing description is true and correct to my best knowledge and belief and was prepared from an actual survey on the ground and from office records available and made under my supervision on May 20th., 2009. . WITNESS MY HAND AND SEAL THIS 31st. DAY OF MAY,~. ZARAGOZA ST. 4 5 w .~ (J) W.O. BLK. 24 W.O. c~ 10 8 7 6 - ... "---=-~:-. ----'--.--~-·-----=-wAf'E:R--St~:.:::::;:;:..:::.::'-':::c:::::"-c::.;.=";o.:.:.~"'-'='~~-"=~c~_~._' __ '-.' 50' R.O.W. 8 501°14'34"E 1.54' CONCREl£ SIDEWALK AREA: /546.99 Sq.Ft. ASPHALT 576°54'28'W PARKING LOT 2.56' CITY Of LAREDO CllY OF LAREDO UNPLA TED BLOCK UNPLA TED BLOCK LEGEND SAN. SEWER MH, ElECTRIC ME1£R Basis of Bearings: • I, Rogelio Rivera. Registered Profesional Land Surveyo,c of the State of Texas do hereby certify that the SURVEY foregoing is true and correct and wos prepared from of an actual survey an the ground and from record A 546.99 sq. ft. Tract of Land, information mode under my supervision thiL~~!._day of_MslY.__ 2011. located on the southwest side of the intersection of Sta. Maria Ave. and Water St., in the Western Division, City of Laredo, Webb County, Texas. BY : DATE: DRAWN C. Chapa 05-27-11 EXHIBIT "C" ANTENNA FACILITIES 1. The Antenna Tower shall contain the antennas, antenna mounts, and associated wiring and cabling listed below. 2. Building housing communications equipment and appurtenances associated therewith as more fully described below. Antennas Number (See attached) -20- U,---1I!tC1II'I CMLDADFI,A)£ I PROJECT NO; n1431 i I DRAWN av. . CDe I I CHECKED BY.· -I 2. ALL 'JAA1 NO Gc:ID.tf 1.OGA.1ED MINe 6AAPE AQfD5S A t'W..J:JN6 !l.RFK.E 5IW.I. BE HMlC'fD M1M BI..N.K. IKJ '1EWI't """""Tift. W I I::-~ I =;:.:: t ' ...... 1 Q.llII1jl"'leW w=r W-.T ENGINEERING. INC. CONSULTING ENGINEERS 31 EAST SCUlLY DRIYE 8CHAUU1NfU1.. ILLINOIS "183 I'll. {.47J 111-.'40 IU. 184fJ 895~9985 I_~ LAREDO 1 KLDOTV TOWER 1IIDD WA'IEII 811IEET LAREDO, TEXAS 71040 Hii"-'nM ELEVATIONS AIIO ~DET"1L8 NORTH ENLARGED ELEVATION G\ f······;::~. 5GoALEI I" • 10' \!:9 ~_I .- .------.~.- .. -_._-_._-_... "._.... EXHIBIT "D" SITE TECHNICAL STANDARDS 1. General All users shall furnish the following to Licensor prior to installation of any equipment. 1) Site application/facilities data sheet. 2) Copies of FCC licenses/construction permits. 3) Accurate block diagrams showing operating frequencies, all system components (active ---orpassive) withgains-and-lossesin dB, along with power levels.------4) Copies of manufacturer's equipment specifications. The following will not be permitted without the written consent of Licensor, which consent shall not be unreasonably withheld: 1) Equipment which does not conform to FCC Rules and Regulations. 2) Any equipment without FCC type acceptance. 3) Non-continuous duty rated transmitters used in continuous duty applications. 4) Equipment not designed for high-density site applications. 5) Nickel plated connectors. 6) Add-on power amplifiers. 7) Digital/analog hybriding in exciters, unless type-accepted. 8) Transmitter outputs without a harmonic filter and antenna matching circuitry. 9) Ferrite devices or semiconductors looking directly at an antenna. 10) Active or passive 'devices hidden in inconspicuous locations. 11) Cascaded receiver multicouplers/preamps. 12) Hybrid equipment with different manufacturers' RF designated markings. 13) Equipment with crystal oscillator modules which have not· been temperature compensated. 14) Open rack mounted receivers and transmitters. 15) Change in operating frequency(ies). II. Radio Frequency Interference Protective Devices In general, the following minimum specifications will apply: 30-88 MHz Isolators - minimum 60 dB. TX output cavity - minimum of20 dB rejection at ± 1 MHz High power type, continuous duty for all paging transmitters 130-174 MHz Dual Stage Isolators - minimum of60 dB insertion loss allowable. TX Cavity - minimum of25 dB rejection at ± 1 MHz. 406-512 MHz Dual Stage Isolators - minimum of 60 dB insertion loss allowable .. TX Cavity - minimum of25 dB rejection at ± 1 MHz. 806-960 MHz Dual Stage Isolators - minimum of60 dB insertion loss allowable. -22- TX Cavity - minimum of20dB rejection at ± 5 MHz. Other frequency ranges as determined by Licensor. It should be emphasized that the above specifications are minimum requirements. Additional protective devices may be required based upon evaluation of the following information: Theoretical transmitter mixes, especially second and third order products Antenna location and type Combiner/multicoupler configurations Tr~mitt~L~p~.c:itk~tiQn~ Receiver specifications Historical problems Transmitter to transmitter(s) or receivers(s) isolation Calculated and measured level of intermod products Transmitter output power and ERP Spectrum analyzer measurements VSWR measurements Existing cavity selectivity Antenna to antenna proximity III. All Antennas And Mounts Must Be: 1) Mounted only on approved side arms or posts or other specified mounts and only one per mount unless authorized by Licensor 2) All mounting hardware galvanized or non-corroding metal. 3) Tagged with weatherproof labels showing manufacturer, model, frequency range, and owner. 4) Bonded wIth copper braid to building ground system, when available. 5) Connections to be taped with stretch vinyl tape (Scotch #33 or equivalent) and Scotchkoted (including booted pigtails). 6) Must meet manufacturer's VSWR specifications. 7) Antennas or hardware with corroded elements must be repaired or replaced. 8) Must be DC grounded type, or have the appropriate lightning protection as determined by Licensor. 9) Unless otherwise authorized by Licensor, all antennas must be encased in fiberglass radomes and be painted or impregnated with a color designated by Licensor as the standard antenna color for aesthetic uniformity. 10) Mounting pipes must be cut such that they do not extend above the antenna mounting sleeve. IV. Antenna Mounts 1) 2" or greater heavy wall galvanized mounting pipes must be used. 2) No welding or drilling on mounts will be permitted. 3) Any corroding hardware must be replaced. V. Cable 1) All antenna transmission lines shall be grounded at the antenna, at the entry point to the equipment room, and in the equipment room, with the appropriate grounding kits. -23- 2) All antenna lines to be jacketed Heliax ( or equivalent), Yl" or greater. 3) All transmission lines must be clamped with stainless steel clamps made specifically for this purpose (not wraplock) to the wave guide bridge for the full external run of the line. 4) Where no troughs or cable trays exist, all cable must be tied and bundled at not less than 2' intervals. 5) No kinked or cracked cable. 6) Any cable fasteners exposed to weather must be nylon ultraviolet resistant type or stainless steel. 7y·····A.l1cable must'oe ruiiri troughs or cabfetrays where provided or iIldicafed.··········· 8) All unused lines must be tagged at both ends showing termination points. 9) All transmit interconnecting cables/jumpers must be solid copper outer conductor (Yl" or super flex or equivalent), and not exceed 8' in length. 10) All receiver intercabling must be 100% double shielded coax. 11) All AC power cords must be 3 conductor with grounding plugs. 12) The use of extension cords will not be allowed. VI. Connectors 1) Must be teflon insulated, UHF or N type, including all chassislbulkhead connectors. 2) Must be properly fabricated (soldered if applicable) if field installed. 3) Must be taped and "Scotchkoted" at least 4" onto jacket if exposed to weather. 4) Male pins must be proper length. 5) Female contacts may not be spread. , 6) Connectors must be tightened mechanically and not just "hand tight". 7) Must be silver plated or brass 8) Must be electrically and mechanically equivalent to standard OEM connectors. VII. Receivers 1) No RF preamps permitted in front end unless authorized by Licensor. 2) All shields must be in place. 3) VHF and up must use helical resonator type front ends. 4) Must meet manufacturer's specifications, specifically regarding bandwidth, discriminator, drift width, and spurious responses. 5) Crystal filters/preselectors/cavities must be installed in receiver ports and inputs where appropriate. 6) All repeater CTCSS circuitry must use "AND" logic and be able to be defeated for testing. VIII. Transmitters 1) Must meet original manufacturer's specifications. 2) All shielding must be in place and secure. 3) Must have a visual indication of transmitter operation. 4) Must be tagged with Licensee's name, equipment model number, serial number, and operating frequency(ies). 5) All low level, pre-driver and driver stages in exciter must be shielded. 6) All power amplifiers must be shielded. -24- 7) Output power may not exceed specific power guidelines for site, unless otherwise authorized by Licensor. IX. Combiners/Multicouplers 1) Shall at all times meet manufacturer's specifications. 2) Must be tuned using manufacturer approved procedures. 3) Must provide a minimum of60 dB transmitter to transmitter isolation. 4) Unused combiner ports must be terminated with the proper length shorted stubs or loads. x. 1) All cabinets must be bonded together and grounded to the supplied ground cable. 2) All doors must be on and closed. 3) All non-original holes larger than I" must be covered with copper screen or solid metal plates. XI. Installation Procedures 1) Installation may take place only after Licensor has been notified of the date and time, and only during normal working hours unless otherwise specifically authorized. 2) Equipment may not be operated until the installation has' been approved by Licensor, which approval shall not be unreasonably withheld. 3) Equipment must remain within its designated floor space at all times. XII. Maintenance/Tuning Procedures 1) All external indicator lamps must be working. 2) Equipment parameters must meet manufacturers' specifications. , , 3) All cover, shield, and rack fasteners must be in place and securely tightened. 4) Local speakers must be turned off except during service. XIII. FCC Licensing 1) All FCC licenses must be current 2) Must be posted as prescribed by FCC rules, with copies to Licensor. XIV.lnterference Diagnosing Procedures 1) All Licensees must cooperate in a timely fashion with Licensor when called upon to investigate a source of interference, whether or not it can be conclusively proven that their equipment is involved. 2) Licensor will provide best efforts to assist in locating and curing all interference problems brought to the Licensor by Licensee. If a specific interference problem as brought to Licensor by Licensee is found to be existing in Licensee's equipment, then Licensee will reimburse Licensor for technical assistance at a reasonable market rate, plus any reasonable expenses. XV. Miscellaneous 1) All installations must be maintained in a neat and orderly manner. 2) Doors to equipment and antenna spaces shall be closed and locked at all times. 3) Access to equipment and antennas shall be by authorized personnel only, and only for purposes of installation, service or maintenance. 4) All rubbish related to Licensee's installation and operations must be removed immediately. -25- EXHIBIT E PCIA Tech Council RF Signage Standards I. Notice o S igIl:~. II. Caution o Sign Location: Areas where RF assessment has determined RF emissions exceed the FCC Uncontrolled/General Population exposure limit • Example: Base of a tower where personnel may find themselves in RF fields that exceed the FCC Uncontrolled/General Population limit, but are less than 100% of the Controlled Worker Standard under time-weighted average guidelines o Appropriate for: Warning against potential hazards that could result in minor or moderate injury o Color: Yellow heading band containing black "CAUTION" text o Symbols: • Yellow exclamation point in black triangle next to "CAUTION" • Radiating tower in yellow triangle with black outline o Additional language (descending): • BEYOND THIS POINT: • Radio frequency fields at this site may exceed FCC rules for human exposure • For your safety, obey all posted signs and site guidelines for working in radio frequency environments • In accordance with Federal Regulations on frequency emissions o Shape: vertical rectangle with rounded edges III. Warning o Sign location: Posted in advance of areas that have been determined to have RF emission levels that exceed the Controlled/Occupational RF limit or borderline Controlled OccupationaVAbove Controlled areas • Example: This would include those areas with high power broadcast or paging, or areas within a few feet of most other antennas. -26- o Appropriate for: Indicating a potentially hazardous situation that, if not avoided, could result in serious injury or death. o Color: Red heading band containing black "WARNING" text o Symbol: • Red exclamation point in black triangle next to "WARNING" • Radiating tower in red triangle with black outline o Additional language (descending) • BEYOND THIS POINT: • Radio frequency fields at this site may exceed FCC rules for human exposure Ii ····For-yoursaJefy;obey-all posted signs and site guidelines for workiri!fmraai(f·· frequency environments • In accordance with Federal Regulations on frequency emissions o Shape: vertical rectangle with rounded edges IV. Miscellaneous Factors: • Key sign word should be 2" in height visible at 25' • New ANSI standard emphasizes custom design o Suggests adding an action statement, consequences, a symboL use mixed case, and in many situations add emergency information. • Caution signs without a safety alert symbo I may be used to alert against unsafe practices that can result in property damage only o Warning and Danger signs should not be used for property damage hazards unless personal injury risk appropriate to this level is also involved -27- SprintlNextel Site ID: SA03ALOOI-A Memorandum of License Agreement This Memorandum of License Agreement ("Memorandum") dated , 20_, evidences that a License Agreement (the "Agreement") dated ,20_ (the "Effective Date"), was made and entered into between the City of Laredo, Texas ("Licensor"), and Texas Telecommunications, LP, a Texas limited partnership ("Licensee"). The Agreement provides in part that Licensor licenses to Licensee on a non-exclusive basis space on the tower located on the real property known as 1600 Water Street, Laredo, as further described in the Agreement (the "Premises") for the purpose of performing investigations and tests and, upon finding the Premises appropriate, to lease the Premises for the purpose of installing, operating and maintaining a communications facility and other improvements. The Premises is further described in Exhibit A attached hereto. The term of Licensee's lease and tenancy under the Agreement is 5 years commencing on May 13, 2010 ("Term Commencement Date"), and is subject to 3 renewal terms of 5 years each that may be exercised by Licensee. The parties have executed this Memorandum as of the day and year first above written. LICENSOR: LICENSEE: City of Laredo, Texas , a Texas limited partnership By: Name: Name: Nathan Olson Title: Title: Authorized Representative Address: ______Address: SprintlNextel Property Services Site ID: SA03ALOOI Mailstop KSOPHTO 10 l-Z2650 6391 Sprint Parkway Contact Phone Number: ______Overland Park, KS 66251-2650 Email Address: ______with copies to: SprintlNextel Law Department Attn: Real Estate Attorney Site ID: SA03ALOOI Mailstop KSOPHTO 10 l-Z2020 6391 Sprint Parkway Attach Exhibit A - Premises Description LICENSOR NOTARY BLOCK: STATEOF ______) ) ss. COUNTY OF ____~_ ) The foregoinginstrllthent was (chooseoneYllattested or lIacknowledgedbefore me this _ day of ______20 __,. , as of City of Laredo, Texas, a ______corporation, on behalf of the corporation. In witness whereof I hereunto set my hand and official seal. NOTARY PUBLIC LICENSEE NOTARY BLOCK: STATE OF KANSAS ) ) ss. COUNTY OF JOHNSON) Acknowledgment by Corporation Pursuant to Uniform Acknowledgment Act The for;!fing i~strument """ acknowledged before me this ~y of ¥,201 L by IV ~ Q15 k on behalf of Texas Telecommunications, LP, a Texas limited partnership. in witness whereof! hereunto set my hand and Offi~ ~£ 2 EXHIBIT "A" PROPERTY 1. The street address ofthe Property is: 1501 Water Street, Laredo, Webb County, Texas 2. The Property is recorded in the land records of Webb County, Texas 3. Block 276-A, Western Division, as recorded in volume 7, page 15, of the Webb County, Texas; Plat Records. C IT Y 0 F L ARE 0 0 ENGINEERING DEPARTMENT LAREDO, TE~"S 1755 A 546.99 SQ.FT. TRACT OF LAND A tract of land containing 546.99 sq.ft., located on the southwest side of the intersection of Santa Maria Avenue and Water Street, in the Western Division, City of Laredo, Webb County, Texas; said 546.99 sq.ft. tract of land being more particularly described by metes and bounds as follows: COMMENCING at a found "X" mark on the northwest comer of Block No. 276-A, Western Division, as recorded in vo lume 7, page 15, of the Webb County, Texas, PlatRecords; THENCE, SOUTH, along the east right-of-way line of Davis Ave., also being the west boundary line of said Block No. 276- A, a distance of 293 .90 feet to a point of deflection to the left; THENCE, EAST, a distance of251.58 feet to the POINT-OF-BEGINNING hereof; THENCE, SOloI4'34''E, along a chain link fence around the perimeter of the antenna tower, a distance of31.54 to an exte rior comer and point of deflection to the right; .. THENCE, S23°26'07"W, continuing along said chain link fence, 'a distance of2.14 feet to an exterior comer and point of deflection to the right; . THENCE, S76°54 '28"W, continuing along said chain link fence, a distance of 2.56 feet to an exterior corner and point of deflection to the right; THENCE, N55°43'20"E, continuing along said chain link fence, a distance of33.13 feet to an exterior corner and point of deflection to the right; THENCE, N62°50'21"E, continuing along said chain link fence, a distance of33.76 feet to the POINT-OF-BEGINNING of this tract ofland, containing 546.99 sq.ft., in the City of Laredo, Webb County, Texas. I,ROGELIO RIVERA, a Registered Professional Land Surveyor, do hereby certify that the foregoing description is true and correct to my best knowledge and belief and was prepared from an actual survey on the ground and from office records available and made under my supervision on May 20th., 2009. . WITNESS MY HAND AND SEAL TIllS 31st. DAY OF MAY,~. ZARAGOZA ST. w '~ C/) BLK. 24 W.O. o~ ''--'··'WATER'ST':''~''''c.,''~',~ ",,,,,""~""',,,,,,~,,, "'""",,"" ,""",. ''''''·er 50' R.O.W. 8 S01°14'34"E 1.54' CONCRETE SIDEWALl( AREA: /546.99 Sq.Ft. ASPHALT S76'54'2S'W PARKING LOT 2.56' CI TY Of LAREDO CITY Of LAREDO UNPLA TED BLOCK UNPLA TED BLOCK LEGEND ~ SAN. SEW MH. @ ELECTRIC METER Basis of Bearings: c:> FIRE HYDRANT The bearings for this survey SECURITY UGHT were based by taking the east ~ right~af-woy line of Santo 8 WATER VALVE 4N Moria Ave. as true North. 0 TRAffIC SIGN CBI ELECTRIC BOX '8 rNO. PK NAIL References Monuments: PALM TREE IP at northeast corner of Lot 4, Block 276-A. W.D. 4 "X· mark on ,the northwest 'corner of Lot 1. Block 276-A. W.D. ~ FND. MONUMENT 3 rNO. IRON PIN ~ SCALE: ," = 30' I, Regelio Rivera, Registered Profesionol Land Surveya~ of the State of Texas do hereby certify that the SURVEY foregoing is true and correct and was prepared from of an actual survey on the ground and from record A 546.99 sq.ft. Tract of Land, information mode under my supervision this_3.1~t"._day of __M~_2011. located on the southwest side of the intersection of Sta. Maria Ave. and Water St., in the Western Division, City of Laredo, Webb County, Texas. BY: DATE: DRAWN , C. Chapa 05-27-11 COUNCIL COMMUNICATION DATE SUBJECT: FINAL READING OF ORDINANCE NO. 2011-0-084 Ratifying the execution of easement documents for the conveyance to AEP Texas 06-20-11 Central Company a tract ofland containing 1.94 acres being out of the 270.00 acre tract situated in Poreion 06 and Poreion 07, Abstract 38 and Abstract 39, BIas Maria Diaz Original Grantee, Webb County, Texas; same being a tract ofland conveyed to the City of Laredo as recorded in Volume 2995, Pages 165-210, Webb County Offieial Public Records. Said tract of land being more particularly described by metes and bounds and boundary survey in attached Exhibit A. Said easement tract is needed for the installation of electrical facilities to serve the Munieipal Golf Course Facility and providing for effective date. INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, City Engineer City Manager Ronnie Acosta, CD Director PREVIOUS COUNCIL ACTION: On June 6, 2011, City Council approved ratifying the execution of easement documents for the conveyance to AEP Texas Central Company a tract ofland containing 1.94 acres being out of the 270.00 acre tract situated in Poreion 06 and Poreion 07, Abstract 38 and Abstract 39, BIas Maria Diaz Original Grantee, Webb County, Texas; same being a tract ofland conveyed to the City of Laredo as recorded in Volume 2995, Pages 165-210, Webb County Official Public Records. Said tract of land being more particularly described by metes and bounds and boundary survey in attached Exhibit A. Said easement tract is needed for the installation of electrical facilities to serve the Municipal Golf Course Facility and providing for effective date. BACKGROUND: AEP Texas Central Company has requested that the City of Laredo grant them an easement for the installation of electrical facilities at the Municipal Golf Course. The installation of said facilities will serve to provide electrical services within the 270 acre Municipal Golf Course tract. That being the case, it is in the best interest of the City of Laredo to convey the above-referenced easement to AEP Texas Central Company, as described in attached Exhibit A. FINANCIAL IMP ACT: None. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A. Staff recommends introduction of Ordinance. ORDINANCE NO. 2011-0-084 RATIFYING THE EXECUTION OF EASEMENT DOCUMENTS FOR THE CONVEYANCE TO AEP TEXAS CENTRAL COMPANY A TRACT OF LAND CONT AINING 1.94 ACRES BEING OUT OF THE 270.00 ACRE TRACT SITUATED IN PORCION 06 AND PORCION 07, ABSTRACT 38 AND ABSTRACT 39, BLAS MARIA DIAZ ORIGINAL GRANTEE, WEBB COUNTY, TEXAS; SAME BEING A TRACT OF LAND CONVEYED TO THE CITY OF LAREDO AS RECORDED IN VOLUME 2995, PAGES 165-210, WEBB COUNTY OFFICIAL PUBLIC RECORDS. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AND BOUNDARY SURVEY IN ATTACHED EXHIBIT A. SAID EASEMENT TRACT IS NEEDED FOR THE INSTALLATION OF ELECTRICAL FACILITIES TO SERVE THE MUNICIPAL GOLF COURSE FACILITY AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, AEP Texas Central Company has requested that the City of Laredo grant them an easement to install electrical facilities for the Municipal Golf Course operations, and WHEREAS, the installation of said facilities will serve to provide electrical services within the 270 acre tract of the Golf Course tract, and WHEREAS, that being the case, it is in the best interest of the City of Laredo to convey the above-referenced easement to AEP Texas Central Company, as described in attached Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: A. It hereby ratifies the execution of easement documents to convey to AEP Texas Central Company a tract ofland containing 1.94 acres being out of the 270 acre tract situated in Poreion 06 and Poreion 07, Abstract 38 and Abstract 39, BIas Maria Diaz Original Grantee, Webb County, Texas same being a tract conveyed to the City of Laredo, as recorded in volume 2995, pages 165-210, of official public records of Webb County, Texas; more particularly described by metes and bounds and boundary survey in attached Exhibit A. B. Said easement tract is needed for the installation of electrical facilities to serve the Municipal Golf Course and C. This Ordinance shall become effective upon passage thereof. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2011. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR CITY SECRETARY APPROVED AS TO FORM: By: ______RAUL CASSO CITY ATTORNEY .' ? 460-0H/UG (CORPORA TrON) REV Town: Laredo, Texas nstall electrical facilities to serve City County: Webb olfCourse on FM 1472 Mines Road Submitted by: MV/FR eN or near Laredo Texas Date: 05/16120 II .... WR# 38687420 ~ ~ NOTICE OF CONFIDENT OU ARE A NATUR-\'L PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL 0 NG INFOR1"IATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST ERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. EASEMENT AND RIGHT OF WAY ClTY OF LAREDO, A MUNICIPAL CORPORATION, ("Grantor"), for and in consideration of Ten & 00/100 Dollars (SlO.00), and other good and valuable consideration to Grantor in hand paid by AEP TEXAS CENTRAL COMPANY, a Texas Corporation, whose address is P.O. Box 2121, Corpus Christi, Texas 78403 ("Grantee") the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY unto Grantee, its successors and assigns, a perpetual easement and right of way for electric distribution lines, consisting of poles made of wood, metal, or other materials, crossarms, static wires, guys, wire circuits, underground cables and conduits, communication circuits, metering equipment and all necessary or desirable appUltenances (including, but not limited to, transformers, meters, vaults, and service pedestals) over, under, across, and upon the following described land located in Webb County, Texas, to wit: A 12' wide easement lying wholly within a tract ofland containing 270.00 acres, more or less, situated in Poreion 06 and Pore ion 07, Ahstract 38 and Abstract 39, BIas Maria Diaz, Original Grantee, Webb County, Texas; said 270.00 acre tract conveyed to Grantor and described by metes and bounds on deed recorded in Volume 2995, Page 165, Official Public Records of Webb County, Texas; and said more particularly identified on Exhibit "A", attachedhereto and made a part hereof. Together with the right of ingress and egress over, under, across and upon the Easement Area and Grantor's adjacent land for the purpose of constructing, operating, reconstructing on poles or burying and replacing underground cables and conduits (including necessary ditching and backfilling), enlarging, inspecting, patrolling, repairing, maintaining, upgrading and removing said lines, circuits, underground cables and conduits, poles, wires and appurtenances; the right to relocate along the same general direction of said lines, cables, and conduits; and the right to remove from the Land all structures, obstructions, trees and parts thereof, using generally accepted vegetation management practices, (whether from the Easement Area or that could grow into the Easement Area) which may, in the reasonable judgment of Grantee, endanger or interfere with the safe and efficient operation andlor maintenance of said lines, cables, conduits or appurtenances. Grantor reserves the right to use the Easement Area subject to said Easement and Right of Way in any way that will not interfere with Grantee's exercise of the rights hereby granted. However, Grantor shall not construct or permit to be constructed any house or other above ground structure on or within the Easement Area containing Grantee's improvements without the express written consent of Grantee. TO HAVE AND TO HOLD the above described easement and rights unto the Grantee, its successors and assigns forever. Grantor binds itself, assigns, and legal representatives to warrant and forever defend all and singular the above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this _=~~3__ day Of __!4y__ -I-______, 2011. CITY OF LAREDO<'~MUNICIPAL CORPORATION (.Name,~t.~;ppOOraliOl1) By: /1d:-(;1'''/ Carlos Villarreal. City Manager (Typed Name and Tille) ACKNOWLEDGMENT FOR CORPORATIONS, PARTNERSHIPS, ASSOCIATIONS, ETC. STATE OF TEXAS § COUNTY OF WEBB § § This instrument was acknowledged before me on this day of 20 II ,by ---.:.C..;.;;ar;.;;.lo..;.;;s_V...;i.;.;:.lla..;.;;rr-:-e_al~ ______' ~C~ityz....::.M~a~n!!lag2!:e.!...r----'"'7.7,:;-;------(name) (title) of The City of Laredo, a Municipal Corporation on behalf of (name of corporation, partnership, association, etc.) said COrporation (corporation, partnership, association, etc.) RUTH GSILVA NOTARY PUBLIC, State of Texas My Commission Expirll January 28. 2014 K.Lt t'h ~ 5/111 q Notary's Typed or Printed Narne I,;L f/IV. (Seal) Notary's Commission Expires: __-":"-f/_c_+-~r I ____ _ r I Sherfe.y Er ;.neering Company, L.r ~. .. TBPE 1"' 1Rl\iI REGISTRA TrON No. F-3132 104 Del Court Suite 400 Laredo, Texas 78041 PH: (.956) 791-351! FAX: (956) 791-3144 METES AND BOUNDS DESCRIPTION 1.94 ACRE TRACT PORClON 06 &: 07 - ABSTRACT 38 AND 39 WEBB COUNTY, TEXAS A tract of land containing 1.94 acres of land, more or less, out ofa 270.00 acre tract, situated in Porcion 06 and Poreion 07, Abstract 38 and Abstract 39, Bias Maria Diaz Original Grantee, Webb County, Texas, same being a tract of land conveyed to the City of Laredo, as recorded in Volunlc 2995, Pages 165-210, Webb County Official Public Records, and being more particularly described by metes and bounds as follows: BEGINNING at a found 112 inch iron rod on the southem right-of-way line of F.M. 1472 (Mines Road), as recorded in Volume 1520, Page 743, Webb County Real Property Records, same being the most northwestern comer of a 270.00 acre tract, as recorded in Volume 2995, Pages 165-210, Webb County Official Public Records, same being the northwest comer of the herein described tract; THENCE, S 60° 22' 19" E, a distance of 12.00 feet to a set 112 inch iron rod, an exterior comer of the herein described tract; THENCE, S 29° 37' 41" W, a distance of 800.54 feet to a set 112 inch iron rod, a point of curvature to the right; THENCE, along said curve to the right having a radius of512.00 feet, a delta of81 ° 33' 31", a chord and chord bearing of 668.82 feet and S 70° 24' 27" W, a distance of728.81 feet to a set 112 . inch iron rod, a point of reverse curvature to the left; THENCE, along said curve to the left having a radius of 520.78 feet, a delta of 18° 15' 24", a chord and chord bearing of 165.24 feet and N 77° 56' 30" W, a distance of 165.94 feet to a set " 112 inch iron rod, an interior comer of the herein described tract; " THENCE, S 02" 21' 11" W, a distance of 42.98 feet to a found 112 inch iron rod, a deflection left; <~ ~ THENCE, S 04" 20' 52" E, along the common line of the said City of Laredo tract and the Ifl= Mandel Tract as recorded in Volume 190, Page 149, Webb County Deed Records, a distance of N r.t'l:!' 359.15 feet to a found 112 inch iron rod, a deflection right; ~ of;O ~ ~IQ THENCE, S 40° 23' 59" W, continuing along the COllllnOn line of the said Mandel ullctand said City of Laredo tract, a distance of210.00 feet to a found 112 inch iron rod, a deflection left; ~~ C~ THENCE, S 35" 40' 39" E, continuing along the common line of the said Mandel tract and said ~ ~~ City of Laredo tract, a distance of301.24 feet to a found 112 inch iron rod, a deflection right; = THENCE, S 10" 07' 42" E, continuing along the common line of the said Mandel tract and said City of Laredo tract, a distance of 151.43 feet to a found 112 inch iron rod, a deflection right; =~ THENCE, S 26" 25' 25" W, continuing alol).g the common line of the said Mandel tract and said City of Laredo tract, a distance of 224.34 feet to a found 112 inch iron rod, a deflection left; ~ THENCE, S 23" 04' 06" W, continuing along the common line of the said Mandel tract and said City of Laredo tract, a distance of202.38 feet to a found 1/2 inch iron rod, a deflection left; THENCE, S OS" 28' 40" W, continuing along the common line of the said Mandel tract and said City of Laredo tract, a distance of224.3 5 feet to a found 112 inch iron rod, an exterior corner of the herein described tract; THENCE, N 84" 31' 20" W, leaving the common line ofthe said Mandel tract and said Cityof Laredo tract, a distance of 12.00 feet to a set 112 inch iron rod, an exterior comer of the herein described tract; THENCE, N 05° 28' 40" E, a distance of98.62 feet to a set 1/2 inch iron rod, an interior corner of the herein described tract; THENCE, N 72° OS' 37" W, a distance of360.70 feet to a set 112 inch iron rod, an interior comer of the herein described tract; Pagel 0/4 ~"'.<' ' Sherfey, En6~neering Company, L.L ~ . •...... " TBPE FIRlVI REGISTRATION No F-3132 ' " 104 Del Court Suite 400 Laredo,Texas78041 PH: (956) 79l-;51l FAX; (956)791-3l44 THENCE, S 27° 08' 38" W, a distance 0066.55 feet to a set 112 inch iron rod, a deflection left; THENCE, S 04° 25' 43" E, a distance of 443.52 feet to a set 112 inch iron rod, an exterior ,comer of the herein described tract; THENCE, S 37° II' 26" W, a distance of 18.07 feet to a set 112 inch iron rod, an exterior comer of the herein described tract; THENCE, N 040 25' 43" W, a distance of 460.42 feet to a set 112 inch iron rod, a deflection right; THENCE, N27° 08' 38" E, a distance of380.14 feet to a set 112 inch iron rod, an exterior comer of the herein described tract; THENCE, S 72 0 OS' 37" E, a distance of 368.26 feet to a set 112 inch iron rod, an interior comer of the herein described tract; THENCE, N 05 0 28' 40" E, a distance of 115.30 feet to a set 112 inch iron rod, a deflection right; THENCE, N 23° 04' 06" E, a distance of204.59 feet to a set 112 inch iron rod, a deflection right; THENCE, N 260 25' 25" E, a distance of220.73 feet to a set 1/2 inch iron rod, a deflection left; '" THENCE, N 10° 07' 42" W, a distance of 144.74 feet to a set 112 inch iron rod, a deflection left; '" THENCE, N 35° 40' 39" W, a distance of307.91 feet to a set 112 inch iron rod, an exterior corner < of the herein described tract; " THENCE, 0 112 N 40 23' 59" E, a distance of214.45 feet to a set inch iron rod,a deflection left; I/l=N ~ ~~ THENCE, N 04° 20' 52" W, a distance of 354.21 feet to a set 112 inch iron rod, a deflection right; O&; ~ N'" tHENCE, N 02° 14' 49" E, a distance of 44.34 feet to a set 112 inch iron rod, a point of CUlvature ~~ to the left; C~ ~ ~~ THENCE, N 86° 42' 58" W, a distance of 477.85 feet to a set 112 inch iron rod, a point of = curvature to the right; THENCE, along said curve to the right having a radius of 1312.00 feet, a delta of 03° 19'26", a == chord and chord bearing of76.l0 feet and N 85 0 03' IS" W, a distance of76.ll feet to a set 112 inch iron rod, a point ofrevel"se curvature to the left; ~ THENCE, along said curve to the left having a radius of288.00 feet, a delta of25° 45'41", a ~ chord and chord bellling of 128.40 feet and'S 83° 43' 38" W, a distance of 129.49 feet to a set 112 inch iron rod, an interior comer of the herein described tract; THENCE, S 22° 15' 06" E, a distance of23.69 feet to a set 112 inch iron rod, an extelior corner of the herein described tract; THENCE, S 63° 34' 39" W, a distance of 147.35 feet to a set 112 inch iron rod, a deflection left; THENCE, S 55° 29' 40" W, a distance of 135.66 feet to a set .1/2 inch iron rod, an exterior comer of the herein described tract; THENCE, along said curve to the left having a radius of 515.31 feet, a delta 0[09° 17' 04", a chord and chord bearing of83.41 feet and S 41 0 12' IS" W, a distance of 83.50 feet to a set 1/2 inch iron rod, a deflection left; Tm:NCE, S 36 0 32'20" W, a distance of233.68 feet to a set 112 inch iron rod, a point of curvature to the right; Sherfey Engineering Company, L.L.C. TBPE FIRM REGISTRATION No. F-3132 l04Dei Court Suite400 Laredo, Texas 7804J PH: (956) 791-351.! FAX: (956) 791-3144 THENCE, along said curve to the right having a radius of 1163.96 feet, a delta of 05° 32' I I", a chord and chord bearing of 112.43 feet and S 45° 22' 47" W, a distance of 112.47 feet to a set 112 inch iron rod, a point of reverse curvature to the left; THENCE, along said curve to the left having a radius of 2766.3 1 feet, a delta of 05° 39' 33", a chord and chord bearing of273.13 feet and S 49° 53' 09" W, for a distance of273.24 feet to a set 112 inch iron rod, a deflection left; THENCE, S 40° 09' 14" W, a distance of312.63 feet to a set 112 inch iron rod, an interior comer of the herein described tract; THENCE, S 21 ° 40' 13" E, a distance of 427.24 feet to a set 112 inch iron rod, an exterior comer of the herein described tract; THENCE, S 68° 19' 47" W, a distance of 12.00 feet to a set 112 inch iron rod, an exterior comer of the herein described tract; THENCE, N 21 0 40' 13" W, a distance of 434.43 feet to a set 112 inch iron rod, an exterior comer of the herein described tract; THENCE, N 40° 09' 14" E, a distance of320.54 feet to a set 1/2 inch iron rod, a point of curvature to the right; THENCE, along said curve to the right having a radius of 2778.31 feet, a delta of 05° 39' 51", a ..... chord and chord bearing of 274.55 feet and N 49° 52' 25" E, a distance of 274.67 feet to a set 112 ..... inch iron rod, a point of reverse curvature to the left; THENCE, along said curve to the left having a radius of 1151.96 feet, a delta of 05° 28' 52", a chord and chord bearing of 110.16 feet and N 45° 23' 01" E, a distance of 11 0.20 feet to a set 112 <.... inch iron rod, a deflection left; .... I(lQ N THENCE, N 36° 32' 20" E, a distance of233.04 feet to a set 112 inch iron rod, a point of r..~ curvature to the right; ~ O&; ~ M'" THENCE, along said curve to the right having a radius of 527.31 feet, a delta of 19° 03' 32", a r.l~ chord and chord bearing of 174.59 feet and N 46° 05' 32" E, a distance of 175.40 feet to a found ~ Caa 1/2 inch iron rod, an extelior corner of the herein described tract; ~ ~~ THENCE, N 55° 29' 40" E, continuing along the cotronon line of the said Mandel tract and said City of Laredo tract, a distance of 137.50 feet to a found 112 inch iron rod, a deflection right; == THENCE, N 63° 34' 39" E, continuing along the cOtronon line of the said Mandel tract and said City of Laredo tract, a distance of 137.05 feet to a found 112 inch iron rod. an interior comer of >< the herein desctibed tract; ~ THENCE, N 22° IS' 06" W, continuing along the common line of the said Mandel tract and said City of Laredo tract, a distance of24.93 feet to a found 112 inch iron rod, a point of curvature to the right; THENCE, continuing along the common line of the said Mandel tract and said City of Laredo tract, alol1g said curve to the right having a radius of300.00 feet, a delta of 28° 10' 43", a chord and chord bearing of 146.06 feet and N 82° 31' 07" E, a distance of 147.54 feet to a found 1/2 inch iron rod, a point of reverse curvature to the left; THENCE, continuing along the common line of the said Mandel tract and said City of Laredo tract, along said curve tul1ling to the left having a radius of 1300.00 feet, a delta of 03° 19'26", a chord and chord beating of75.41 feet and S 85° 03' 15" E, a distance of75.42 feet to a found 1/2 inch iron rod, a deflection right; THENCE, S 86° 42' 58" E, continuing along the common line of the said Mandel tract and said City of Laredo tract, a distance of 477.04 feet to a found 112 inch iron rod, a point ofcurvature to thp. npht: Sherfey ErJ.uJ.neering Company, L.r TBPE FIR.lVI REGISTRATION No. F-3132 104 DeJ Court Suite 400 Laredo, Texas 78041 PH: (956) 791-3511 FAX: (956) 791-3144 THENCE, continuing along the common line of the said Mandel tract and said City of Laredo tract, along said curve to the right having a radius of 532.78 feet, a delta of 19° 37' 36", a chord and chord beru.ing of 181.61 feet and S 78° 37' 36" E, a distance of 182.50 feet to a found 112 inch iron rod, a point of reverse curvature to the left; THENCE, continuing along the conunon line of the said Mandel tract and said City of Laredo tract, along said curve to the left having a radius of 500.00 feet, a delta of 81 ° 33' 31 ", a chord and chord bealing of 653.15 feet and N 70° 24' 27" E, a distance of711. 73 feet to a found 112 inch iron rod, a tangent point; THENCE, N 29° 37' 41" E, continuing along the COlmnon line of the said Mandel tract and said City of Laredo tract, a distance of800.54 feet to return to and close at the POINT OF BEGINNING, containing 1.94 acres ofland. Basis of Bearing For this legal description is the G.P.S. Texas Coordinate System, Texas South Zone (NAD 83) State of Texas § County of Webb § I, Francisco Estrada IV, a Registered Professional Land Surveyor, do hereby state that the above ..... captioned "Metes and Bounds Description" was prepared from available office records and on the ground ..... survey of the property made under my supervision. ~_c~ &..>-/..2-// <.... R.P_L.S_ No. 5862-Texas Current Date .... Ifl~ ~"(f' ~ of;; ~ "(f'\Qgo r.;lff'l ~ c.?~ ~ ~~ ~ ~ " ___ .1 _1'.1 ~ L..iac Table Curve Table L.acl, ~Cftg;tb Oitc:c:non !..CII!rU' Radius Ccltt Chord Chord B'Ul'1n; -" '--- --~.--.... CLIne" ~U. ~Oil' 1" "" 01 'lUI' ~I.Z.OO' Q"'J~'ll' 1i11.1'!' ~JG' H' 17'''' ---, .,,,,if NilS' ~,. 40-[ e. lin.'''' no.'" Q'I"5'2'" II$.Z'" NTt' ~,. JO"", ---" " 11',J" Nfll' 1" .0", eJ 1S,II' IJIl.ao· 001,,,'11' 11.10' ~.,. OJ" I~I'W , .... It 02,'45'.," " Nut 01' '2"111 l%t..... • 11'.00' 111,40' SlJ' .. J' ~.'" " ",J' ,~ar ,.' 41T e. liMO' 515.3" 00,',,'0." U .• ~' ',;41' 11' I~'" " ZUI SZT '5' a.'! e. II;L." 11.'.tl' aO~jl.r, " 'Il.'l" 5'S' 11' '1-7"'11 " "'.J!J !IJ' J4' J'''W 0' 11l.14' 116'.3" 00"]1'33' 173.11' s... Wei.... 'lU' S~· 2" 40'W e. %76.11' l'71.JI' COf'J",," 11'.55' 541' U· a"t . .' 'Jl1" ,"55' 2" .. /J-r e. 110.2.0' ''''.91' 005'11'52" 110.15' "6'" n' 0'''£ " ,..,' 15' .,'( '" IJ1.f15 N.J' ,14' J"y e10 II •.•• · Ul.11' aCI'zno" ".l" 2UJ 1J2IS'IQ'U· HI.CI' Hill' ll" on: IIIU' "'IJ'"',, e" 1.'.~.' lauo' Scale:~ 1", 400' '" e .. ","2' IlCC.ca' COl"I"l'· 7~.4t· SI" Ill' ,~"t ell fl:l,:l.O' 531.'" al ..J1'3'· 'at.liI' '1,,'Jl' JI"E e" 'II.1J' sOII,ao' 0I1·3l']I· SUI" ... 717 1.' n't 155.48 ACRE TRACT (AS RECOROED IN VOLUME 109, PAGES 149, WEBB COUNTY DEED RECORDS) 9 U2 ACRE TRACT (AS RECORDED IN VOLUME 109. PAGES 1+9, WEBB COUNTY DEto RECOROS) 270.00 ACRE TRACT (AS RECOROED IN VOLUME 2995, PAGES 165-210. WESB COUNTY OFFICIAL PUBLIC RECOROS) CERTIFICATE OF' SURVEYOR I THE UNDERSICNEO A REGISTERED PROFESSIONAL LOND SURVEYOR IN THE STATE IMWI FLOOD NOTe: OF' TEXAS. HEREBY CERTIfY THAT THIS SURVEY IS TRUE AND WAS PREPAREO u SET Ii'" IRON ROO By GRAPHIC FlLOTT1NC ONLY or THE: FROM AN ACTUAL SURVEY OF THE PROPERlY MADE UNDER I.IY SUPERVISION. ON • FOUND W IRON ROO FLOOD INSURANCE RATE MAP, THE GROUND. THAT THE CORNER MONUMENTS SHOWN WERE PROPERLY PlACED OR LOCATED UNDER MY SUPERVISION, SUBJECT !S..f!!!!!&! LOCATED IN BASIS OF BEARINGS' FLOOO PlAIN 'ZONE A' ACCORDING TO C,P.S .. T£W CQCflQINAT( STSTEM. FIRM MAP COM~UN11Y-PANEL NUMBER ~curH ZeNt (NI-O I'll) '8479C 100QC. DAlEO: APRIL 2. 200B FRANCISCO ESTRADA. IV, TEXAS R.P,L.S, No. 5862 •• NOTE: THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A !lTlE COMMITMENT SURVEYOFA A tl'act 01 fond conloini"9 1.94 ac:r~s of rand. more or Jess. out of a 270.00 acre Iroct. situated in Porcian 06 and Parcion 07. Abslract JB and Abstract 39. 810s Moria Dial Ori9inal Grantee. Weba County. rexas. as reacrded in Volume 2995. Pages 16S-2JO. WeCb County Olliciol Public Records, Orown a ; Ali SHERFEY 104 Del Court Checked By : FE '. " .' Suite 400 ~A,::,p~pr..:.o';.:;.d::..:o8y<.:.,-,:FE~:-::-:::-:--l. $ "ENGINEERING laredo, Tex.s 78041 I7DG:.:I.:..~ __::..0:.:5",I.:.l",2/,-,2::0c:.ll'--l .', COMPANY, L.L.C. (956)791·3511 Re'4isian Project No, : 8147.00 T8PE FIRM REGISTRA nON No' F-3132 .. \"'- -- l"I~_: __ ... \ A1 41 nn Mondell Calf Caurse\Surveys\SURV-A(P Eosemenl.dwq COUNCIL COMMUNICATION DATE: SUBJECT: RESOLUTION NO. 2011-R-055 Authorizing the City Manager to submit an application to the United States 06/20/2011 Foreign-Trade Zones Board for a Temporary Boundary Modification on behalf of Sony Electronics Inc. in accordance with Ordinance No. 2000-0-183 dated July 24, 2000. The Temporary Boundary Modification consists of temporarily transferring the designation up to (14) acres from the City of Laredo, Foreign Trade Zone Site No.1, located at the Laredo International Airport to the new temporary site which shall be designated as Proposed Site No. 12 located at 11302 Eastpoint Dr. Building B within the San Isidro Ranch East Point Center in Laredo, TX. INITIATED BY: Jesus M. Olivares, STAFF SOURCE: Jose L. Flores, Assistant City Manager Airport Manager PREVIOUS ACTION: City Council has approved previous Temporary Boundary Modifications. BACKGROUND: A Foreign-Trade Zone is a secured specialized area, in or adjacent to the U. S. Port of Entry, which is considered to be outside the Customs Territory of the United States. Both ~oreign and domestic merchandise may be admitted to a Zone with no duty paid on the foreign merchandise unless and until it leaves the zone for domestic consumption. If the merchandise is ~xported, no duties are paid to U.S. Customs. ~t present, Foreign-Trade Zones approved acreage and activation status is as follows: Site Location Acreage Status 1 Airport 500 Active 2 Tex-Mex Railway 19.28 Not Active 3 Killam Industrial Park 500 Active 4 Laredo North West Colombia 1,500 Not Active 5 La Barranca Ranch 50 Not Active 6 Unitec Industrial Park 682 Active 7 Embarcadero Industrial Park 360 Active 8 Uni-Trade Forwarding 2.1507 Active 9 Kuehne+Nagel, Inc. 1.158 Active 10 PG Distribution, LLC. 1.0 Active 11 Uni-Trade Forwarding 2.1507 Proposed FINANCIAL: Account No. 242-0000-361-1065 Designation Fee of $200.00 per acre per month of FTZ deSignation transferred. (14.0 acre X $200.00 per month X 36 months = $100,800.00) COMMITTEE RECOMMENDATION: ~TAFF RECOMMENDATION: On June 7,2010 the Airport Advisory That the City Manager be authorized to submit a Committee considered this item and emporary boundary modification application to the recommend Approval. Foreign-Trade Zones Board. Page 1 of2 Background (Cont.) Sony Corporation is requesting FTZ designation to enhance it's competiveness in Laredo, Texas for future business. Sony Corporation competes with other Sony locations for business and having FTZ designation, according to Laredo Sony will help it compete more effectively. The proposed additional Foreign-Trade Zone site is to be located on 11302 Eastpoint Dr. in the San Isidro Ranch East Point Center in Laredo, TX. The temporary boundary modification application preparation as well as the cost of same will be borne by Sony Corporation. Upon completion of the application, it will be submitted to the Foreign Trade Zones Board in Washington, D.C. Furthermore, the application requires the concurrence of the U. S. Customs Service and the U.S. Department of Commerce. The Foreign Trade Zone designation up to 14 acres, once approved by City Council and the Foreign Trade Zones Board, will generate $100,800 to the Airport Fund for the three year period. In addition the activation of the 14 acres under the Foreign Trade Zone Program generates a $2,000.00 activation fee and $2,000.00 annual fee to the Airport Fund during the first year plus an income based on zone activity. In subsequent years, the 14 acres would generate an estimated income of $2,000.00 in annual fee plus an income based on zone activity per year. The number of acres currently being used for Foreign-Trade Zone purposes at the airport total less than 5 acres or approximately one (1) percent of the total acreage approved for FTZ status. An idle Foreign-Trade Zone acre yields no benefit to the Airport Fund and does not help the City's efforts to stimulate economic development opportunities and the creation of jobs in our community. A Foreign-Trade Zone Operator Agreement will also be required with Sony Corporation which will provide for the indemnification of the City to include posting of bonds and providing for annual fees, and payment to the airport of administration and transaction fees. The temporary boundary modification will automatically lapse within three (3) years after approval by the Foreign Trade Zones Board at which time the 14-acre designation will cease and revert automatically to Site 1 at the Laredo International Airport. \ The three-year FTZ designation limit is designed to provide Sony Corporation reasonable time to submit to the Foreign-Trade Zones Board in Washington, D.C. a full application for the Board's approval. In the event Sony Corporation secures it's permanent FTZ designation from the FTZ Board, then in such event, the monthly designation fee shall cease and Sony Corporation shall be reimbursed the unused portion of the pre-paid "designation fee". This request for a Temporary Boundary Modification is made in accordance to the proposed Temporary Boundary Modification Policies and Procedures as recommended by the Airport Advisory Committee. Page 2 of2 RESOLUTION NO. 2011-R-055 AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE UNITED STATES FOREIGN TRADE ZONES BOARD FOR A TEMPORARY BOUNDARY MODIFICATION ON BEHALF OF SONY ELECTRONICS INC., IN ACCORDANCE WITH ORDINANCE NO. 2000-0-183 DATED JULY 24, 2000. THE TEMPORARY BOUNDARY MODIFICATION CONSISTS OF TEMPORARILY TRANSFERRING 14 ACRES FROM THE CITY OF LAREDO, FOREIGN-TRADE ZONE SITE NO.1 LOCATED AT THE LAREDO INTERNATIONAL AIRPORT TO THE NEW TEMPORARY SITE WHICH SHALL BE DESIGNATED AS SITE NO. 12 AND LOCATED AT 11302 EASTPOING DR., BUILDING B WITHIN THE SAN ISIDRO RANCH EAST POINT CENTER IN LAREDO, TX. WHEREAS, the City of Laredo has applied to and has received a grant of authority from the United States Foreign-Trade Zones Board to establish, operate and maintain the Laredo Foreign-Trade Zone No. 94; and WHEREAS, Sony Electronics Inc. agrees to the terms and conditions of the City's Temporary Boundary Modification Policies and Procedures; and WHEREAS, Sony Electronics, Inc, is requesting that the City of Laredo, as Grantee of Foreign-Trade Zone No. 94, submit an application to the Foreign-Trade Zones Board to transfer Foreign-Trade Zone designation of 14 acres from the Laredo International Airport, known as Site No. 1 to the Sony Electronics Inc. facility located at 11320 Eastpoint Dr., Building B within the San Isidro Ranch East Point Center in Laredo, TX. WHEREAS, the City of Laredo finds that the temporary boundary modification of Foreign-Trade Zone No. 94 is in the best interest of the City of Laredo and recommends to the Foreign-Trade Zones Board that it approve this request for the temporary boundary modification of Foreign-Trade Zone No. 94, Site No. 12; and WHEREAS, the City Council of the City of Laredo having heard the recommendations of the Airport Advisory Committee agrees with same. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: That the City Manager is hereby authorized to submit an application to the United States Foreign-Trade Zones Board on behalf Sony Electronics Inc., authorizing the temporary boundary modification of Foreign-Trade Zone No. 94 by transferring the designation of 14 acres from the Laredo International Airport, Site No.1, to the Sony Electronics Inc. facility located at 11302 Eastpoint Dr., Building B, within the San Isidro A RESOLUTION APPROVING A TEMPORARY BOUNDARY MODIFICAnON WITH 4-G INVESTMENTS, LTD. Ranch East Point Center in Laredo, TX known as Site 12. The temporary boundary modification application will request that the acreage depicted on the attached blueprint located at the Sony Electronics, Inc. facility located at the San Isidro Ranch East Point Center be included within the boundaries of the Laredo Foreign-Trade Zone No. 94 as Site No. 12. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2011. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY BY: ------VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY Page 2 of2 COUNCIL COMMUNICATION DATE: SUBJECT: Resolution 2011-R-056 Authorizing the City Manager to accept a grant from the Federal 06/20/11 Bureau of Investigation in the amount of $20,000. The agreement's purpose is to reimburse costs for overtime incurred by the Laredo Police Department in providing resources for joint operational task forces. The term of this agreement is from June 1, 2011 through September 30, 2011. NITIATED BY: STAFF SOURCE: Cynthia Collazo Carlos Maldonado Assistant City Manager Chief of Police PREVIOUS COUNCIL ACTION: None. ACTION PROPOSED: That this Resolution be passed and approved. BACKGROUND: The FBI has been authorized to pay overtime for the police officers assigned to the formalized Organized Crime Drug Enforcement Task Force (OCDETF) as set forth for expenses necessary for detection, investigation, and prosecution of crimes against the United States of America. FINANCIAL: Federal Bureau award will be used to fund overtime expenses in the Special Police Fund (229- 2343) RECOMMENDATION: STAFF: Recommends that Council approve this Resolution. RESOLUTION 2011-R-056 Authorizing the City Manager to accept a grant from the Federal Bureau of Investigation in the amount of $20,000. The agreement's purpose is to reimburse costs for overtime incurred by the Laredo Police Department in providing resources for joint operational task forces. The term of this agreement is from June 1, 2011 through September 30, 2011. Whereas, an agreement with the Federal Bureau of Investigation will reimburse the City of Laredo in the amount of $20,000 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: the City Manager is hereby authorized to accept a grant in the amount of $20,000, this will be used for overtime incurred by Laredo Police Department. Section 2: The term of this agreement is from June 1, 2011 through September 30, 2011. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ___ DAY OF ,2011. RAUL SALINAS CITY MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: ~D!l~ RAUL CASSO CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration for approval of the Ejido Avenue/Stewart Street Drainage Improvements as 06/20/11 complete and approval of change order no. 4 a decrease of $3,947.50 for the balance of quantities actually constructed in place and to add forty (40) working days to the construction contract time, release of retain age and approval of final payment in the amount of $28,749.17 to Jerry Resendez Enterprises, Inc., Laredo, Texas. Final construction contract amount is $287,491.68. Funding is available in the 2007 Environmental Services C.O. INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, P.E., City Engineer City Manager Riazul I. Mia, Environmental Manager PREVIOUS COUNCIL ACTION: On December 20, 2010, City Council approved change order no. 2 to the contract with Jerry Resendez Enterprises, Inc., Laredo, Texas, to the Ejido Avenue/Stewart Street Drainage Improvements Project to modify drainage and utilities plans in order to avoid relocation of power poles, and to add twenty (20) working days to the construction contract time. BACKGROUND: The original project consisted of a five (5) to eight (8) feet variable width bottom concrete channel along Ejido Avenue from Kearney Street to Stewart Street approximately 500 L.F. and a freestanding concrete wall. Placement of five (5) inch thick concrete swale approximately two thousand eight hundred (2,800) square feet and street paving and utilities placement as required. The purpose of this project was to reduce localized flooding by adding capacity to the existing drainage systems. Plans and specifications were prepared by Mejia Engineering Company, Laredo, Texas. This change order no. 4 is for the balance of quantities actually constructed in place and to add forty (40) working days to the construction contract time. Original construction contract amount...... $286,400.50 (Awarded by City Council on September 21,2009) Change order no. 1 ...... $2,913.68 (Approved by the City Manager on May 20, 2010) Plans revised to eliminate open channel and add an underground system to synchronize drainage with another underground system being installed near by India Str. And to allow the widening of the street surface to better and to add twenty (20) working days to the construction contract time. Serve property owners. Change order no. 2 ...... , ...... , ...... $ -0- (Approved by City Council on December 20,2010) To modify drainage and utilities plans in order to avoid relocation of power poles, and to add twenty (20) working days to the construction contract time. Change order no. 3 ...... $2,125.00 (Approved by City Manager on December 2,2010) To temporarily access to remove large items from property in order for the retaining wall from the project can be completed and to add thirty (30) working days to the construction contract time. This change order no. 4 ...... $(3,947.50) Current construction contract amount ...... $287,491.68 FINANCIAL IMPACT: Funding is available in the 2007 Environmental Services C.O. Account No. 249-3891-545-9537 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A. Approval of Motion. COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 06/20111 Consideration to ratify the City Manager's approval of an emergency purchase authorization to Sunbelt Air Condition, Laredo, TX in the amount of $92,500.00 for the purchase and installation of a replacement air condition chiller system for the City Hall building. The City Hall chiller system was in dire need of replacement to avert long term disruption of operations at this facility. Funding is available in the Capital Improvement budget. INITIATED BY: STAFF SOURCE: Cynthia Collazo, Deputy City Manager Rogelio Rivera, P.E., City Engineer John Orfila, Public Works Division Manager Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: None. BACKGROUND: City Management has authorized the emergency purchase and installation of a replacement of air condition chiller system for the City Hall building. The City Hall chiller system was in dire need of replacement to avert long term disruption of operations at this facility. The ac unit is operating at one third of its capacity and a failure would require shutting down the City Hall building. Several contractors were contacted for pricing and availability of a replacement unit. Sunbelt was able to locate a unit with a one week delivery. The unit will be replaced starting at 5:00 PM on Friday, June 17 and their service crews will work all weekend to have the air condition system in operation by Monday, June 20. FINANCIAL IMPACT: Funds for this service are available from the following line item budget: Capital Improvement Project - Building Maintenance Account Number: 402-4310-533-2010 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Ratification of this action. COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 06/20111 Consideration to award contract number FYII-087 to the sole bidder Pulsar Construction, Inc., Laredo, Texas, in the amount of $ 77,777.00 for re plastering the Civic Center swimming pool. Funding is available in the Center Pool Rehab account. INITIATED BY: STAFF SOURCE: Horacio De Leon, Assistant City Manager Osbaldo Guzman, Parks and Leisure Services Department Director Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City received two bids for plastering the Laredo Civic Center Pool located at 2200 San Bernardo. Second Bid was incomplete bid with no pricing section on it. Approximately 18,180 sq. ft. of plaster will be required. Parks and Leisure Services Department will provide all the Marble Dust and White Portland cement needed for this task. Estimated time for completion of project, after notice to proceed, is approximately three weeks. FINANCIAL IMPACT: Funding is available in the 2009 Tax C.O. Issued, Capital Outlay Construction Project Civic Center Pool Rehab. Account number: 464-7722-535-9558 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be approved. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 6/20/2011 Authorizing the City Manager to approve change order #1 to ORO Mex Construction, Inc for the 24" Transmission Water Main Improvements, existing contract amount of $4,063,060.00. This change order will add additional time to the existing contract for the contractor to install two additional sewer manholes and additional sewer line per Mr. Young's request. Paul Young Properties, LTD., agreed to pay for the additional costs associated with this change. The change order will also cover the cost of additional fittings needed to adjust the alignment of the waterline. This change order will not change the existing contract amount. INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Tomas M. Rodriguez, Jr. P.E., Utilities Director PREVIOUS COUNCIL ACTION: On December 20, 2010 Council awarded ORO Mex Construction, Inc. the contract for the 24" Transmission Water Main from Lyon Booster Station to the 3 MG Elevated Storage Tank at Bartlett & Price and to Clark and Loop 20. BACKGROUND: The original scope of work called for the abandonment of the existing sewer lift station on the corner of Paul Young Properties, LTD. at the intersection of Clark Boulevard and Newport Avenue. With this lift station abandonment the contract called for a sewer line to be installed from the location of the existing lift station south along an existing utility easement to connect to an existing sewer manhole within the right-of-way of Clark Boulevard. For development reasons Paul Young Properties, LTC requested that the new sewer line be connected to the existing sewer in Clark Boulevard east of the proposed location. This change order will also incorporate the additional cost of fittings and waterline needed for field adjustments. Current Contract: 280 Working Days CO #1 10 Working Days Total Contract Time: 290 Working Days Current Contract Cost: $4,063,060.00 CO #1 Cost: $0.00 Total Contract Cost: $4,063,060.00 FINANCIAL IMPACT: Funding is available in the 2009 Utility Bond-Line Rehabilitation Acct. #557-4187-538-0359. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Finance & Operations Committees Approval of this Motion. CONSTRUCTION CHANGE ORDER PROJ: 24# Transmission Water Main Improvements CHANGE ORDER; 1 CONTRCTOR: Q,RO Mex Q,onstruct,ioo. 1m:. DATE: 816J2011 ADDRESS; 2801 Eral@ Cretk Gamim Shoals. Ttxas78654 You are hereby requesled to comply with the following changes from the con~ract plans and specifications. This document shall become an Amendment to the Contract and all provisions of the Contract shall apply thereto. ITEM DESCRIPTION OF CHA ES DECREASE IN INCREASE IN NO. QUANTITIES. UNITS, UNIt PRICES CONTRACT PRICE CONTRACT PRICE en Revis' 104.1 23 LF ll" PVC, C·900,DR.14,Olass 200 WaterMaln (Restrained) @ $28,00 I LF $644.00 1{)4.4 DelETE 14 IF t2"PVo. c.goo. DR·14 Class 200 Water Main (Restrained) @ $43.00 I LF $602.00 104.5 ADD 13 IF 16" PVC, 0-905. DR·18 PR·235 Water Main (F(~trained) @ $58.00 I LF $754.00 120.2 ADD 2 CY Concrete Encasement Cradles. and Saddles @ $100.00 ICY $200.00 126.3 DelETE 3 IF 24" PVC Water Main fn 36· CaSing (Open Cut) @ $280.00 I LF $840.00 130 ADD 1.751 TON Ductile Iron Mechanical Joint Fittings (R~!rained) @ $8,500.00 I TON $14,883.50 Clark Blvd. CI..olJ.ngJ. Sewer. B!i.li9.D.I1!.!nt 104.1 ADD 10 LF 8" PVC, C-9oo. DR.f4, Ctass 200 Weter Main (Restrained} @ $28.00 I.LF $280..00. 110.1 ADO 1 EA 8" Gete Valve wi Box & COver (Res!ralned) @ $1,10.0.00 I EA $1.100.00 130 ADO 0.253 TON Oucfl7e Iron Mechenical JOint Fittings (Restrained) @ $8,500.00 I roN $2,150.50 202.2 00 183 IF 12" PVC, SDR·26 San. SewerMain (10'·14, @ $55.0.0. {LF $10,065.0.0. 208.2 ADO 1 EA San/taly $ewer Manhofe (6'-8' @ $4,0.00.00. I EA $4.000..00 802 ADO 183 LF Sheeting & Bracing (Trench Excavation Prolec.tlon) @ $2.25 I LF $411.75 SPL ADD 1 f:A Sanita1)' Sewer Manhole (16'.20, @ $17,785.00 I EA $17,785.0.0 SPL ADO 1 EA Vertical ExtenSiOn Of Existing FRP Sanila1)' Manhole (2.87 @ $3,765.00. I EA $3,785.00 999 DELETE 0..312 L$ Construction Contingency Altowanca @ $175,000.00 I LS $54,616.75 Original Contract: $4,083,0.60.0.0. Total Decrease: $56,058.75 Original Contract Time: 280. working days Tota! Increase: $56,058.75 Net Change Credit); $0.00 JUSTIFICATION: Various horizontal and vertical alignment reVisions wiih aSSOCiated main and lilling modlfications have been required to adjuslaround i::onflicting utilities uncovered duting construction. Various revisions to !he water and Sewer plans in .the Clark Blvd area by Ihe property owner, Mr. Young's request, which includes a $27,805 fi;limbursement agreement with the City. Contract Price Including Contra Time Including r.I.!1Yl9..\I~J?h?'Ui1.!tQ!~~m;"~,_ ...... _.. _... ,._._ .... _...... ~..,....~ __ ,.. _...... ~.~.1,,~q.:9Q ... . Or(!ers ..~ ...... _ ..... _...... ~ .. _._ ...... ,?,~~.~p.~!!!9..~~y'~ Net INCREASE resulting . . f'!?.!!L\!!!~ ..9.~~!!~ . .Q~~L:_ ...... _ ...... ", ...... _, .. _...... ,.. "...... "...... ~...... _...... _.... '".l Date: Date: Recommended by: Approved by: Tomas M. Rodgriguez, Jr., P.E., Utilities Director Carlos Villarreal, City Manager Date: Date: Attest; Gustavo Guevara. Jr. Date: COUNCil COMMUNICATION '-D-A---T-E-:-----~:--::-~=~-~--':-::~~IN:O;~O: CITY MANAGER TO GRANT APUB:~:FI~-EW:RKS I DISPLAY PERMIT FOR THE JULY 4TH , 2011, INDEPENDENCE DAY 06/20/11 CELEBRATION AT THE ALEXANDER ESTATES CROSSING LOCATED IN THE CONSERVATORY RIVER AT ALEXANDER CROSSING AT 9:15 P.M. THE TECHNICIAN FOR THE DISPLAY WILL BE ATLAS ENTERPRISES INCORPORATED. INITIATED BY: STAFF SOURCE: Cynthia Collazo, Steve E. Landin, Deputy City Manager Fire Chief r------~------PREVIOUS COUNCIL ACTION: None 1------/ BACKGROUND: The Alexander Estates will be celebrating Independence Day - July 4, 2011, with a Fireworks Display Show located at Alexander Estates Crossing in the conservatory river at 9: 15 p.m. The Alexander Estates contracted Atlas Enterprises, Incorporated for a Fireworks Public Display. The Laredo Fire Department reviewed the application and conducted an on scene inspection of the site on June 7, 2011, and agreed to comply with their request for a permit. A public display of Fireworks Permit was also requested from the Texas State Fire Marshal's Office. ------_._------FINANCIAL IMPACT: None I------~~--~~~---~~~~--~~---~------COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That City Council approves this Motion. Staff recommends that this Motion be passed. ______--'- ______--_._- ______1 COUNCil COMMUNICATION SUBJECT: - MOTION ------..------1 DATE: AUTHORIZING THE CITY MANAGER TO GRANT A PUBLIC FIREWORKS 'I DISPLAY PERMIT FOR THE JULY 4TH , 2011, INDEPENDENCE DAY COUNTRY CLUB DRIVE AT 9:15 P.M. THE TECHNICIAN FOR THE DISPLAY WILL BE BAY FIREWORKS & INTERNATIONAL PYRO _.______--1.I_IN_C __ O_R_P_O_R.A__ T_E_D_. -~--.--.----.------.------j INITIATED BY: STAFF SOURCE: Cynthia Collazo, I Steve E Landin, Deputy City Manager Fire Chief ~.------_____ ~I ______PREVIOUS COUNCIL ACTION: None BACKGROUND: The Laredo Country Club will be celebrating Independence Day - July 4, 2011, with a Fireworks Display Show located at 1415 Country Club Drive at 9: 15 p.m. The Laredo Country Club contracted Bay Fireworks & International Pyro, Incorporated for a Fireworks Public Display. The Laredo Fire Department reviewed the application and conducted an on scene inspection of the site on June 6, 2011, and agreed to comply with their request for a permit A public display of Fireworks Permit was also requested from the Texas State Fire Marshal's Office. f------.--.--.---.-.------I FINANCIAL IMPACT: None COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That City Council approves this Motion. Staff recommends that this Motion be passed. ______..... __ .. ____ ._-"---______.__ .___ J COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 06-20-11 Approval for students from the Sister Cities Youth Committee to travel to Laredo, Cantabria, Spain or Buenos Aires, Argentina to participate in the Youth Committee Exchange Program and approval of expenditures in the amount of $30,000.00. The program will serve as a catalyst for youth advancement through innovative and cross-cultural educational programs with our worldwide sister cities; provide an excellent opportunity for promoting the City of Laredo in Spain or Argentina. Funds are available in the Sister Cities Youth Committee Account. City Council finds and declares that a valid public purpose will be served by this expenditure. INITIATED BY: STAFF SOURCE: Carlos Villarreal, City Manager Gustavo Guevara, Jr., City Secretary PREVIOUS COUNCIL ACTION: In 2005 the City Council established a City of Laredo Sister Cities Youth Exchange Program and approved the bylaws thereof. Students will have the opportunity to meet and talk to these ambassadors and have a discussion on any issues and at the same time they will be enjoying their students exchange program with the students of our sister city. The program will serve as a catalyst for youth advancement through innovative and cross-cultural educational programs and with our worldwide sister cities. The last City Council action approval was in 2010 for the New Zealand trip aJnd the 2010 Sister Cities International Youth Exchange for the Juniors in Albuquerque, New Mexico. BACKGROUND: This is the sixth year for the Sister Cities Youth Committee to participate and travel to meet with foreign students. The vision statement states: "To achieve and maintain world peace, it is first necessary to bring about a sense of mutual interest and purpose among the world community through means mutually agreeable to each Sister City pairing and may include: student cultural exchanges, diplomatic visits, art exchanges and competitions, sports ventures, and the sharing of information between municipalities. The Sister City youth Program provides a vehicle for this interchange in the fields of education, government, economics, and social relations." A Release Form which holds the City of Laredo harmless has been approved by the Laredo City Attorney's Office. In addition to the release form, each student has signed a permission ship and code of conduct form which has also been approved by the City Attorney's Office. FINANCIAL IMPACT: Expenditures: $30,000.00 Account Numbers: 101-1700-513-5597 101-0000-372-1039 244-4920-553-5476 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Approval bJl Committee Approval by Staff COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 6/20111 Refund of property tax in the amount of $1,496.72 payable to Jane Martha Lira due to an overpayment. Account # 987-24003-140. INITIATED BY: STAFF SOURCE: HORACIO A. DE LEON JR., ELIZABETH MARTINEZ, RTA ASSISTANT CITY MANAGER TAX ASSESSOR-COLLECTOR PREVIOUS COUNCIL ACTION: City Council has previously approved requests for refunds over $500.00 as required by State Law. BACKGROUND: Every month the Webb County Appraisal District submits to the City of Laredo changes in values certified by the WCAD Review Board. Some of these changes require tax refunds be issued due to clerical elTors, double assessments, over assessments, over 65 exemptions, did not exist on the 1st of the year, exempt property and combined properties. As per section 26.15 (f) of the Texas Property Tax Code, "If a correction decreases the tax liability of a property owner after the owner has paid the tax, the taxing unit shall refund to the property owner the difference between the tax paid and the tax legally due. As per Section 31.11 ( c ) of the Texas Property Tax Code, "An application for a refund must be made within three years after the date of the payment or the taxpayer waives the right to the refund." A taxpayer may request a refund if an overpayment or an erroneous payment was made. As per Section 42.43 (a) of the Texas Property Tax Code, "If the final determination of an appeal that decreases a property owner's tax liability occurs after the property owner has paid his/her taxes, the taxing unit shall refund to the property owner the difference between the amount of taxes paid and amount of taxes for which the property owner is liable. FINANCIAL IMPACT: The City of Laredo will refund an amount of$I,496.72. It will be paid from line item Revenue/Unapplied Payments. Account # 101-0000-222-0300. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Approval of these refunds as detailed above. Xefuna No. 11- Tax Assessor - Collector P.O. BOX 6548 1110 Houston St. Laredo, Texas 78042 - 6548 For Credit Refunds Only 101-0000-222-03-00(DEF.REV.) .Jtppfie ation for Tax 'Refuna Owner's name: York Micael A Et Al Present mailing address: 3106 Fair Oaks Ct. City, town or post office/statelzip code: Laredo, TX 78045 Refund payable to:(if different from above) Name: Jane Martha Lira Mailing address: 8711 Tara Loop City, town or post office/statelzip code: Laredo, TX 78045 Property legal description: D & J Alexander Unit VIII, Block 3, Lot 14 Address or location of property: 3018 Chaucer Dr Parcel number: 987-24003-1401 Tax ID 624780 Tax Payment Information: Amount of Y ear for which Date of the Amount of tax refund :~f.~l}~. ~~ .~~9.1!~.~~~~.... _~~~ E~y'J?:~l:~ ... X~~~.~ .l?~i~ .. .:~~?~~!~~ ...... 5/31111 2,900.00 2010 ..... - .... __ .... -_ ...... - ...... ~,.~?~ ..~?. IT otal Refund 1,496.72 I Taxpayer's reason for refund (attach supporting documentation): Account hasa redit amount 0 $1 496.72 due to an over a ment. over ld amou 1. "JAlereby apply for the refund of the above-described taxes and certify that the information I have given on this form / I 'is true and co ect" /" \!------i'+l-..:..:...;.--b-OO<:::------./ Signature I Date If you make a false statement of this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas nal Code Section 37.10. Prepared by: _-.!t~~~~:J2l~~~~~ _____ ~ate -----Disapproved Date DATE: SUBJECT: RESOLUTION 2011-R-57 AUTHORIZING THE CITY MANAGER TO EXECUTE ADVANCED FUNDING 06-20-11 AGREEMENT (AFA) NO. CSJ-0922-33-100 AMENDMENT #1 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CHACON CREEK HIKE AND BIKE TRAIL, IN THE AMOUNT OF $2,975,261.00 ($668,652.00 FEDERAL, $42,735.00 STATE) WITH A LOCAL MATCH OF $2,263,874.00. THIS AMENDMENT REVISES THE PROJECT BUDGET TO REFLECT THE PROJECT COST FOR PHASE-1 AND DE OBLIGATED THE ADDITIONAL FUNDING FROM THIS PROJECT PREVIOUSLY OBLIGATED UNDER PHASE-II (CSJ-0922-33-142). MATCHING FUNDING IS AVAILABLE IN THE 2008 C.O. ISSUE. PHASE I IS CURRENTLY UNDER CONSTRUCTION AND SHOULD BE COMPLETED IN THE NEXT 30 DA YS. INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Riazul Mia, P.E., Environmental Services Director PREVIOUS COUNCIL ACTION: On January 7, 2008, the City Council signed the initial contract with TXDOT through Resolution # 2008-R- 001 for the Chacon Creek Hike and Bike Trail Project in the amount of $6,099,446.00. BACKGROUND: The City of Laredo was awarded a grant in the amount of $3.3 million by the U.S. department of Transportation SAFETEA-LU funding program for the development of the Chacon creek Bike and pedestrian Trail. The Texas Transportation Commission passed Minute order Number 110266, authorizing the State to undertake and complete a highway improvement generally described as the Chacon Creek Hike and Bike Trail. The City council authorized the initial contract through resolution (2008-R-00 1) in the amount of $6,099.446.00. and the Phase-l of the Chacon trail is under construction. The total cost of Phase-l is $2,975,261.00(Federal $668,652.00, state $42,735 and local $2,263,874.00 including the ROW). On May 23, 2011 the City received the amendment # 1 for the AF A to de-obligate the additional funding from this project and obligate under Phase-II (CSJ-0922-33-142). (See attachment for detailed funding amounts and the location) FINANCIAL IMPACT: The grant is being accounted for in the Parks Capital Grants Fund. RECOMMENDATION: STAFF RECOMMENDATION: Staff recommends approval. RESOLUTION NO 2011-R-57 AUTHORIZING THE CITY MANAGER TO EXECUTE ADVANCED FUNDING AGREEMENT (AFA) NO. CSJ-0922-33-100 AMENDMENT #1 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CHACON CREEK HIKE AND BIKE TRAIL, IN THE AMOUNT OF $2,975,261.00 ($668,652.00 FEDERAL, $42,735.00 STATE) WITH A LOCAL MATCH OF $2,263,874.00. THIS AMENDMENT REVISES THE PROJECT BUDGET TO REFLECT THE PROJECT COST FOR PHASE-1 AND DE-OBLIGATED THE ADDITIONAL FUNDING FROM THIS PROJECT PREVIOUSLY OBLIGATED UNDER PHASE-II (CSJ-0922-33-142). MATCHING FUNDING IS AVAILABLE IN THE 2008 e.o. ISSUE. PHASE I IS CURRENTL Y UNDER CONSTRUCTION AND SHOULD BE COMPLETED IN THE NEXT 30 DAYS. Whereas, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and Whereas, the Texas Transportation Code, Sections 201.103 and 22.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and Whereas, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and Whereas, The Texas Transportation Commission passed Minute order Number 110266, authorizing the State to undertake and complete a highway improvement generally described as the Chacon Creek Hike and Bike Trail in the City of Laredo; and Whereas, The Phase-l of the Chacon Creek Hike and Bike Trail is under construction from Eastwood park to Haynes Community Center and is under budget and provides the opportunity for the Phase-2 construction; and Whereas, This amendment revises the project budget for Phase-I, de-obligated additional funding from this project and obligated the additional funding for Phase-II project; and Whereas, the Chacon Creek Hike and Bike Trail, phase-2 extends the trail from Haynes Community center to SH 359; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: AUTHORIZING THE CITY MANAGER TO EXECUTE ADVANCED FUNDING AGREEMENT (AFA) NO. CSJ-0922-33-100 AMENDMENT #1 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CHACON CREEK HIKE AND BIKE TRAIL, IN THE AMOUNT OF $2,975,261.00 ($668,652.00 FEDERAL, $42,735.00 STATE) WITH A LOCAL MATCH OF $2,263,874.00. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2011. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY BY: VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY CSJ # 0922-33-100 District # 22 - Laredo Code Chart 64 # 24000 Project: Chacon Creek Hike and Bike Trail Federal Highway Administration CFDA # 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT AMENDMENT # 1 THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the State, and the City of Laredo, acting by and through its duly authorized officials, called the Local Government. WITNESSETH WHEREAS, the State and the Local Government executed a contract on the 15th of April, 2008 to effectuate their agreement to construct the Chacon Creek Hike and Bike Trail; and, WHEREAS, the Local Government's construction bid for this Project resulted in an underrun of $2,679,810, the Local Government and the State have agreed to a transfer of funding in the amount of $2,679,810 from this Project to the Chacon Hike and Bike Trail Project (CSJ: 0922-33-142); and, WHEREAS, it has become necessary to amend that contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the State and the Local Government do agree as follows: AGREEMENT 1. Description of Amended Items Attachment C is being deleted in its entirety and replaced with Attachment C-1 contained herein. All other provisions of the original contract are unchanged and remain in full force and effect. 2. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA-AFA_Amend Page 1 of 3 Revised 04/08/11 CSJ # 0922-33-100 District # 22 - Laredo Code Chart 64 # 24000 Project: Chacon Creek Hike and Bike Trail Federal Highway Administration CFDA # 20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Janice Mullenix Director of Contract Services Texas Department of Transportation Date AFA-AFA_Amend Page 2 of 3 Revised 04/08/11 CSJ # 0922-33-100 District # 22 - Laredo Code Chart 64 # 24000 Project: Chacon Creek Hike and Bike Trail Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C-1 Project Budget The Local Government will be responsible for the Preliminary Engineering, Environmental Assessment, Utility Adjustment, Right of Way Map & Acquisition, Construction and Construction Engineering of the Project. The State will be responsible for securing the Federal Funding, Plan Review Work and will provide Construction Oversight. The current Federal (High Priority) funding maximum is $668,652.00 for the Project. The Local Government was granted Economically Disadvantaged Counties Program (EDCP) Relief (62%) on their locally matched responsibility of $167,163.00. The Local Government and the State have estimated the Project to be as follows: Total Federal Participation State Participation Local Participation Description Estimate Cost % Cost % Cost % Cost CONSTRUCTION COSTS Preliminary Engineering $40,000 100% $40,000 0% $0 0% $0 Plans Specifications and $322,500 100% $322,500 0% $0 0% $0 Estimate (PS&E) Utility Adj ustments/Con nection $10,000 100% $10,000 0% $0 0% $0 s Environmental $40,000 100% $40,000 0% $0 0% $0 Assessment/Mitigation ROW appraisal, map & acquisition (in-kind ROW $2,139,446 0% $0 0% $0 100% $2,139,446 contribution by the Local Government) Construction $320,190 78.87% $252,546 12.4% $39,704 8.73% $27,940 Construction Engineering/Proj. Mgmt. $24,445 14.75% $3,606 12.4% $3,031 72.85% $17,808 (11 % of Construction) State Plan $78,680 0% $0 0% $0 100% $78,680 Review/Canst. Oversight TOTAL $2,975,261 $668,652 $42,735 $2,263,874 (EDCP Relief) Up-Front Local Participation = $78,680.00 (State Plan Review/Construction Oversight) Direct State Cost will be based on actual charges. It is further understood that the Project will include only those items for the improvements as requested and required by the Local Government and approved by the State. This is an estimate only, final participation amounts will be based on actual charges. AFA-AFA_Amend Page 3 of 3 Revised 04/08/11 CHACON CREEK SHERFEY PRElI~INARY ENGINEERJNG NOT FOO CONJTRJCT1ON HIKE AND BIKE TRAIL.; PHASE I ~ Thisdocumornt is .... nsad ~ACOBS' , COMPANY, L.L.C. lQ1' ,£,,; ... only unc/"rth"eutllorityol 811 CEN'lRAl. PARKWAY NORiH. SUITE 425 104 DIll Come Suitll400 SAN ANTONIO, TX 711232 City of Laredo, Texas Larodo"T_78041 JDE,.,mo D. 511""", ~.E. 680828 PHONE (2!O) 4'+-0088 1 1 , a Houston St. (956)791-3511 FAX (210) 41M-4525 Loredo. TX 78040 T.B.p.B.PIRMRBQISTRAnONtBI32 ,,"0,10,<:1101,2010 DATE: SUBJECT: RESOLUTION 2011-R-58 AUTHORIZING THE CITY MANAGER TO EXECUTE ADVANCED FUNDING 06-20-11 AGREEMENT (AFA) NO. CSJ-0922-33-142 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CHACON CREEK HIKE AND BIKE TRAIL- PHASE-II, IN THE AMOUNT OF $1,586,529.00 ($1,269,224.00 FEDERAL, $213,020.00 STATE) WITH A LOCAL MATCH OF $104,285.00. MATCHING FUNDING IS AVAILABLE IN THE 2008 C.O. ISSUE. THE CITY HAS CURRENTLY ISSUED REQUEST FOR QUALIFICATIONS FOR ENGINEERING OF PHASE II OF THIS PROJECT. INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Riazul Mia, P .E., Environmental Services Director PREVIOUS COUNCIL ACTION: On January 7, 2008, the City Council signed the initial contract with TXDOT through Resolution # 2008-R- 001 for the Chacon Creek hike and Bike Trail Project. BACKGROUND: The City of Laredo was awarded a grant in the amount of $3.3 million by the U.S. department of Transportation SAFETEA-LU funding program for the development of the Chacon creek Bike and pedestrian Trail. The Texas Transportation Commission passed Minute order Number 110266, authorizing the State to undertake and complete a highway improvement generally described as the Chacon Creek Hike and Bike Trail. The City council authorized the initial contract Through resolution and the Phase-l of the Chacon trail is under construction. The total cost of Phase-l is $2,975,261.00 (Federal $668,652.00, state $42,735 and local $2,263,874.00 including the ROW). On May 23, 2011 the City received an Advanced Funding Agreement for the design and construction ofPhase-2 of Chacon Creek Hike Bike pathway from Haynes Community center to SH 359. The job includes, survey, design, construction and environmental work for approximate 7800LF of ADA compliance Asphalt 2' TXDOT Type D trail system, retaining wall, handicap ramps, and concrete parthways. (See attachment for detailed funding amounts and the location) FINANCIAL IMPACT: The grant is being accounted for in the Parks Capital Grants Fund. RECOMMENDATION: STAFF RECOMMENDATION: Staff recommends approval. RESOLUTION NO 2011-R-58 AUTHORIZING THE CITY MANAGER TO EXECUTE ADVANCED FUNDING AGREEMENT (AFA) NO. CSJ-0922-33-142 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CHACON CREEK HIKE AND BIKE TRAIL PHASE-II, IN THE AMOUNT OF $1,586,529.00 ($1,269,224.00 FEDERAL, $213,020.00 STATE) WITH A LOCAL MATCH OF $104,285.00. MATCHING FUNDING IS AVAILABLE IN THE 2008 C.O. ISSUE. THE CITY HAS CURRENTLY ISSUED REQUEST FOR QUALIFICATIONS FOR ENGINEERING OF PHASE II OF THIS PROJECT. Whereas, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and Whereas, the Texas Transportation Code, Sections 201.103 and 22.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and Whereas, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and Whereas, The Texas Transportation Commission passed Minute order Number 110266, authorizing the State to undertake and complete a highway improvement generally described as the Chacon Creek Hike and Bike Trail in the City of Laredo; and Whereas, The Phase-l of the Chacon Creek Hike and Bike Trail is under construction from Eastwood park to Haynes Community Center and is under budget and provides the opportunity for the Phase-2 construction; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: AUTHORIZING THE CITY MANAGER TO EXECUTE ADVANCED FUNDING AGREEMENT (AFA) No. CSJ-0922-33-142 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CHACON CREEK HIKE AND BIKE TRAIL- PHASE-II, IN THE AMOUNT OF $1,586,529.00 ($1,269224.00 FEDERAL, $213,020.00 STATE) WITH A LOCAL MATCH OF $104,285.00. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2011. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEV ARA, JR. CITY SECRETARY APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY BY: VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY CSJ # 0922-33-142 District # 22 - Laredo Code Chart 64 # 24000 Project: Chacon Creek Hike and Bike Trail Federal Highway Administration CFDA # 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT ForA HIGH PRIORITY EARMARK PROJECT (OFF-SYSTEM) THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the "State", and the City of Laredo, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall deSign, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 110266, authorizing the State to undertake and complete a highway improvement generally described as the Chacon Cree Hike and Bike Trail; and, WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated , which is attached to and made a part of this agreement as Attachment "A" for the construction of a hike and bike trail at Chacon Creek in Laredo Phase II at the location shown on the Map, which is attached to and made a part of this agreement as Attachment "S" referred to as the Project; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this agreement, it is agreed as follows: AFA-AFA_LongGen Page 1 of 12 Revised 05/06/2011 CSJ # 0922-33-142 District # 22 - Laredo Code Chart 64 # 24000 Project: Chacon Creek Hike and Bike Trail Federal Highway Administration CFDA # 20.205 Not Research and Development AGREEMENT 1. Period of the Agreement This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work The construction of Phase II of a hike and bike trail at Chacon Creek from Haynes Community Center to SH 359 in Laredo, Texas as shown on Attachment "B". 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in the Project Budget '- Attachment "C", which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Governments, or other parties is shown in Attachment "C". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. This Project cost estimate shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. D. The State wi" be responsible for securing the Federal and State share of the funding required for the development and construction of the local Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. AFA-AFA_LongGen Page 2 of 12 Revised 05/06/2011 CSJ # 0922-33-142 District # 22 - Laredo Code Chart 64 # 24000 Project Chacon Creek Hike and Bike Trail Federal Highway Administration CFDA # 20.205 Not Research and Development E. The Local Government will be responsible for all non-federal or non-state participation costs associated with the Project, including any overruns in excess of the approved local project budget unless otherwise provided for in this agreement or approved otherwise in an amendment to this agreement. F. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction cost. G. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. H. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to the State Project. I. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. J. The State will not pay interest on any funds provided by the Local Government. K. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local Project, unless this agreement is terminated at the request of the Local Government prior to completion of the Project. L. If the Project has been approved for a "fixed price" or an "incremental payment" non standard funding or payment arrangement under 43 TAC § 15.52, the budget in Attachment C will clearly state the amount of the fixed price or the incremental payment schedule. M. If the Local government is an Economically Disadvantaged County and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. . N. The state auditor may conduct an audit or investigation of any entity receiving funds from the State 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 of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. AFA-AFA_LongGen Page 3 of 12 Revised 05/06/2011 CSJ # 0922-33-142 District # 22 - Laredo Code Chart 64 # 24000 Project: Chacon Creek Hike and Bike Trail Federal Highway Administration CFDA # 20.205 Not Research and Development O. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. P. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly, and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. Q. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this agreement. 4. Termination of this Agreement This agreement shall remain in effect until the project is completed and accepted by all parties, unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS&E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or D. The Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. 5. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 7. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local AF A-AFA_ LongGen Page 4 of 12 Revised 05/06/2011 CSJ # 0922-33-142 District # 22 - Laredo Code Chart 64 # 24000 Project: Chacon Creek Hike and Bike Trail Federal Highway Administration CFDA # 20.205 Not Research and Development Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. 8. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. A. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this agreement. B. The Local Government is responsible for the cost of any environmental problem's mitigation and remediation. C. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. D. The Local Government is responsible for the preparation of the NEPA documents required for the environmental clearance of this Project. E. Before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 9. Compliance with Texas Accessibility Standards and ADA All parties to this agreement shall ensure that the plans for and the construction of all projects subject to this agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services The Local Government has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Ass.ociation of State Highway and Transportation Officials design standards. In procuring professional services, the parties to this agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. AFA-AFA_LongGen Page 5 of 12 Revised 05/06/2011 CSJ # 0922-33-142 District # 22 - Laredo Code Chart 64 # 24000 Project: Chacon Creek Hike and Bike Trail Federal Highway Administration CFDA # 20.205 Not Research and Development 11. Construction Responsibilities A. The Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. The Local Government will use its approved contract letting and award procedures to let and award the construction contract. C. Prior to their execution, the State will be given the opportunity to review contract change orders that will result in an increase in cost to the Project. D. Upon completion of the Project, the party constructing the Project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. E. For federally funded contracts, the parties to this agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 12. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. 13. Right of Way and Real Property The Local Government is responsible for the provision and acquisition of any needed right of way or real property. 14. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: AFA-AFA_LongGen Page 6 of 12 Revised 05/06/2011 CSJ # 0922-33-142 District # 22 - Laredo Code Chart 64 # 24000 Project: Chacon Creek Hike and Bike Trail Federal Highway Administration CFDA # 20.205 Not Research and Development Local Government: State: City Manager Director of Contract Services City of Laredo Texas Department of Transportation P.O. Box 579 125 E. 11 th Street Laredo, Texas 78042 Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 15. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 16. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 18. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. AFA-AFA_LongGen Page 7 of 12 Revised 05/06/2011 CSJ # 0922-33-142 District # 22 - Laredo Code Chart 64 # 24000 Project: Chacon Creek Hike and Bike Trail Federal Highway Administration CFDA # 20.205 Not Research and Development 19. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the agreement's subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection of Books and Records The parties to this agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 23. Civil Rights Compliance The Local Government shall comply with the regulations of the United States Department of Transportation as they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 24. Disadvantaged Business Enterprise (DBE) Program Requ irements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by AFA-AFA_LongGen Page 8 of 12 Revised 05/06/2011 CSJ # 0922-33-142 District # 22 - Laredo Code Chart 64 # 24000 Project: Chacon Creek Hike and Bike Trail Federal Highway Administration CFDA # 20.205 Not Research and Development Entity, and attachments found at web address http://txdot.gov/business/businessoutreach/mou.htm. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this LPAFA. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this LPAFA. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, c%r, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 25. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 26. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant. the making of any federal loan, the entering into AFA-AFA_LongGen Page 9 of 12 Revised 05/06/2011 CSJ # 0922-33-142 District # 22 - Laredo Code Chart 64 # 24000 Project: Chacon Creek Hike and Bike Trail Federal Highway Administration CFDA # 20.205 Not Research and Development of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 27. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types speCified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 28. Federal Funding Accountability and Transparency Act Requirements A. Any recipient or sub-recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and http://edocket.access.gpo.gov/2010/pdf/201 0-22706.pdf. B. For sub-awards greater than $25,000, the Local Government, as a recipient of federal funding, shall: 1. Obtain and provide to the State and the Federal government, a Central Contracting (CCR) number with the Federal government (Federal Acquisition Regulation, Part 4, Sub-part 4.1100). The CCR number may be obtained by visiting the CCR website whose address is: https:llwww.bpn.gov/ccr/default.aspx; 2. Obtain and provide to the State and the Federal government, a Data Universal Numbering System or DUNS number, a unique nine-character number that allows Federal government to track the distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and AFA-AFA_LongGen Page 10 of 12 Revised 05/06/2011 CSJ # 0922-33-142 District # 22 - Laredo Code Chart 64 # 24000 Project: Chacon Creek Hike and Bike Trail Federal Highway Administration CFDA # 20.205 Not Research and Development 3. Report the total compensation and names of its top executives to the State and Federal government if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000 annually; and ii. Compensation information is not already available through reporting to the U.S. Securities and Exchange Commission (SEC). 29. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A- 133. B. If threshold expenditures of $500,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://www.txdot.gov/contactus/audit.htm. C. If expenditures are less than $500,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 30. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA-AFA_LongGen Page 11 of 12 Revised 05/06/2011 CSJ # 0922-33-142 District # 22 - Laredo Code Chart 64 # 24000 Project: Chacon Creek Hike and Bike Trail Federal Highway Administration CFDA # 20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Janice Mullenix Director of Contract Services Texas Department of Transportation Date AFA-AFA_LongGen Page 12 of 12 Revised 05/06/2011 CSJ # 0922-33-142 District # 22 - Laredo Code Chart 64 # 24000 Project: Chacon Creek Hike and Bike Trail Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE AFA-AF A_LongGen Page 1 of 1 Attachment A CSJ # 0922-33-142 District # 22 - Laredo Code Chart 64 # 24000 Project: Chacon Creek Hike and Bike Trail Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT B LOCATION MAP SHOWING PROJECT _ .. NtDIItiS ~tlaN"ASS IIIIIIIIIIII CIII!U_ tit AESfAll!.A ':"~,~~:.;~ NSCHJcI!II«XC-'CCEM AFA-AFA_LongGen Page 1 of 1 Attachment B CSJ # 0922-33-142 District # 22 - Laredo Code Chart 64 # 24000 Project: Chacon Creek Hike and Bike Trail Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET AND DESCRIPTION The Local Government will be responsible for the Preliminary Engineering, Environmental Assessment, Utility Adjustment, Right of Way Map & Acquisition, Construction and Construction Engineering as well as Direct State Costs of the Project. The State will be responsible for securing the Federal Funding, Plan Review Work and will provide Construction Oversight. The current Federal (High Priority) funding maximum amount is $2,636,216.00 for the Project. The Local Government was granted Economically Disadvantaged Counties Program (EDCP) relief at a rate of 69%. The Local Government and the State have estimated the Project to be as follows: Local Government Federal State Participation Participation Total Participation EDC@ 69% Description Estimated Cost % % % % Before After Cost After Before After Cost After % Cost EDC EDC EDCAdj. EDC EDC EDCAdj. Adj. AcI1 Adj. Adj. Preliminary Engineering $30,000 80% $24,000 0% 13.8% $4,140 20% 6.2% $1,860 Plans, SpeCifications and $85,000 80% $68,000 0% 13.8% $11,730 20% 6.2% $5,270 Estimate (PS&E) Utility Adjustments I $100,000 80% $80.000 0% 0% $0 20% 20% $20,000 Connections Environmental Assessment $40.000 80% $32,000 0% 13.8% $5,520 20% 6.2% $2,480 ROW appraisal. map and $0 0% 0% $0 acquisition $0 0% 0% 0% $0 Construction & Construction $1,134.936 80% $907,949 0% 13.8% $156.621 20% 6.2% $70,366 Engineering SUBTOTAL $1,389,936 $1,111,949 $178,011 $99,976 Environmental Direct State $2.000 80% $1,600 0% 13.8% $276 20% 6.2% $124 Costs (5%) Right of Way Direct State Costs $0 0% $0 0% 0% $0 0% 0% $0 (5%) Engineering Direct State Costs $5,750 80% $4.600 0% 13.8% $793 20% 6.2% $357 (5%) Utility Direct State Costs (5%) $5,000 80% $4,000 0% 13.8% $690 20% 6.2% $310 Construction Direct State Costs $56.747 80% $45.398 0% 13.8% $7,831 20% 6.2% $3,518 (5%) Indirect State Costs (6.2%) $127,096 80% $101,677 20% 20% $25,419 0% 0% $0 TOTAL $1,586,529 $1,269,224 $213,020 $104,285 The Local Government shall remit $2,837.00 upon partial execution of this Agreement. Direct State Costs will be based on actual charges. The Local Government shall remit $3,518.00 sixty days prior to letting. It is further understood that the Project will include only those items for the improvements as requested and required by the Local Government and approved by the State. This is an estimate only. Final participation amounts will be based on actual charges to the Project. AFA-AFA_LongGen Page 1 of 1 Attachment C CONCEPTUAL TRAIL ALIGNMENT CHACON HIKE AND BIKE TRAIL . .>';> PHASE 2 COUNCIL COMMUNICATION DATE: SUBJECT: RESOLUTION #20ll-R-59 Authorizing the withdrawal of the City of Laredo's Spur 400 Grade Separation Pass Thru 6-20-11 Toll application. INITIATED BY: Carlos Villarreal, City Manager STAFF SOURCE: Nathan Bratton, Interim Planning Director PREVIOUS ACTION: None. BACKGROUND: Pass-Through Financing Program Pass-through financing is a tool the state created to stretch already limited tax highway dollars and to allow local communities to fund up front costs for constructing a state highway project. The state then reimburses a portion ofthe project cost to the community over time by paying a fee for each vehicle that drives on the new highway. Pass-Through Finance 2010 Program Call On Feb 25, 2010, TxDOT began accepting proposals for pass-through finance projects from both public and private entities. The deadline for submission of proposals was on May 11, 2010. The City and County submitted a joint proposal for the Spur 400 (Clark Blvd.) grade separation for an estimated total project cost of 43,611,000 of which approximately 15,845,000 would be reimbursed to the local entities. (see exhibit A) On June 24, 2010, the Texas Transportation Commission approved Minute Order # 112305 which approved the application. (see exhibit A) City/County Action After review and consideration of the proposed agreement, on May 23,2011, the Webb County Commissioners Court considered and approved an item whereby the County, in concurrence with the City, withdrew its application for the project in order to allow" TxDOT to allocate other funding or consider other programs that may be available for this much needed project." (see Exhibit B) The City now wishes to formally express its desire to withdraw the application. Financial Impact: None COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Staff recommends approval. RESOLUTION 2011-R-59 AUTHORIZING THE WITHDRAWAL OF THE CITY OF LAREDO'S SPUR 400 GRADE SEPARATION PASS THRU TOLL APPLICATION. WHEREAS, pass-through financing is a tool the state created to stretch already limited tax highway dollars and to allow local communities to fund upfront costs for constructing a state highway project; and, WHEREAS, the state then reimburses a portion of the project cost to the community over time by paying a fee for each vehicle that drives on the new highway; and, WHEREAS, on Feb 25,2010, TxDOT began accepting proposals for pass-through finance projects from both public and private entities; and, WHEREAS, the deadline for submission of proposals was on May 11, 2010; and, WHEREAS, the City and County submitted a joint proposal for the Spur 400 (Clark Blvd.) grade separation project for an estimated total project cost of 43,611,000 of which approximately 15,845,000 would be reimbursed to the local entities; and, WHEREAS, on June 24,2010, the Texas Transportation Commission approved Minute Order # 112305 which approved the application; and, WHEREAS, after review and consideration of the proposed agreement, on May 23,2011, the Webb County Commissioners Court considered and approved an item whereby the County, in concurrence with the City, withdrew its application for the project in order to allow "TxDOT to allocate other funding or consider other programs that may be available for this much needed project"; and, WHEREAS, the City now wishes to formally express its desire to withdraw the application. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: SECTION 1. The City Manager is authorized to withdraw the Spur 400 Grade Separation Pass Thru Toll application. RESOLUTION 20U-R-59 PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS ___ DAY OF ,2011 Honorable Raul G. Salinas Mayor ATTEST: GUSTAVO GUEVARA CITY SECRETARY APPROVED AS TO FORM RAUL CASSO CITY ATTORNEY TEXAS TRANSPORTATION COMMISSION ALL Counties MINUTE ORDER Page 1 of2 ALL Districts Section 222.1 04(b), Transportation Code authorizes the Texas Department of Transportation (department) to enter into an agreement with a public or private entity that provides for the payment of pass-through tolls to the entity as reimbursement for the design, development, construction, maintenance, or operations of a tolled or non-tolled facility on the state highway system by the public or private entity. A pass-through toll is a per-vehicle fee or a per-vehicle-mile fee that is detennined by the number of vehicles using the facility. Title 43 Texas Administrative Code §§5.51-5.60 (rules) prescribe the policies and procedures governing the department's implementation of the program under Section 222.] 04(b), Transportation Code. Section 5.54 of the rules provides that ifthe Texas Transportation Commission (commission) determines that funds available for use in the program are limited, it may periodically limit the periods of time during which the department will accept proposals for pass-through toll projects to be developed and, for each specific period, prescribe conditions for submission and the costs that may be reimbursed under a pass-through agreement (agreement). On February 25,2010 by Minute Order 112156 the commission approved a program call for highway projects to be developed on the state highway system under a pass-through toll agreement (program call). The commission further detennined that (i) monies available that can be allocated among all proposals selected under the program call will be limited to an estimated total of $300 million in Category 12 funds, and (ii) only the following category of project costs will be considered as eligible for reimbursement under the program call: construction cost, exclusive of construction engineering cost, and in the case of a pass-through toll project submitted as a design build project, the construction cost, exclusive of construction engineering costs must be broken out separately as one component of the total project cost. The cost categories of design, development (including environmental clearance, right of way acquisition, utility adjustment), financing, maintenance, and operation are specifically excluded. Pursuant to Minute Order 112156 and §5.54 of the rules, the department published in the Texas Register a notice designating a 60-day period commencing on March 12,2010 for acceptance of proposals from both public and private entities for projects to be developed under the program call. The deadline for submitting proposals was May 11, 2010. Department staff evaluated the proposals that were timely submitted under the program call using the items of consideration set forth in §5.55 of the rules and provided its analyses of the pass-through toll proposals to the commission. After considering the factors described by §5.55 of the rules and the criteria set forth in Minute Order 112156, it is determined that the pass-through toll proposals set forth in Exhibit A represent the best value to the state for a total of approximately $300 million in authorized funds. Before the projects in the selected proposals are designed, developed, or constructed using funds administered by the department, the proposals: (I) must be included in the department's UTP, thereby identifying committed ftmding for the project; (2) prior to construction, must be included in the department's Statewide Transportation Improvement Program; and (3) will be subject to any and all applicable planning and environmental processes and approvals as mandated by state and federal regulations regarding such matters. Exhibit A TEXAS TRANSPORTATION COMMISSION ALL Counties MINUTE ORDER Page 2 of2 ALL Districts IT IS THEREFORE ORDERED by the commission that the pass-through toll proposals submitted under the current pass-through toll program call and set forth in Exhibit A are hereby selected as providing the best value to the state. IT IS FURTHER ORDERED that the executive director or designee is authorized to negotiate the financial tenns of potential pass-through toll agreements for each of the selected pass-through toll proposals as set forth in Exhibit A Payment of pass-through tolls will be limited to reimbursement of the department's proportional share of the actual cost of labor and materials required for construction of the project as detennined by the low bid award of the construction contract, subject to limited exceptions for cost overruns and underruns of the estimated cost of construction. If negotiations are successful, the executive director shall submit to the commission a summary ofthe final tenns of each agreement so that the commission may consider final approval of the agreement under §5.57 of its rules. If the financial terms of a pass-through toll agreement for one or more of the selected pass-througb toll proposals set forth in Exhibit A cannot be successfully negotiated with the proposer( s) by August 17, 2010, the unsuccessful proposal or proposals will be rejected and the commission may, in accordance with §5.55 of the rules and the criteria set forth in Minute Order 112156, consider selection of additional proposals that were timely submitted under the program call. Submitted and reviewed by: Istant Executive Director for Executive Director « i ngineering Operations 11230S ,JUN 24 I0 Minute Date Number Passed Exhibit A il CSJ L.'i8- Limits Rea ion CITY of SH 195/SH 201 0836-02-050,etc. WAC KILLEEN $14,021,000 $14,021,000 $18,298,000 & SH 201 INTERCHANGE at SH 195/SH 201, etc. NORTH 2452-03-108 SAT BEXAR CO. $31,350,000 $45,371,000 $39,360,000 Loop 1604 LOWER SEGUIN ROAD to IH 10 EAST SOUTH CAMINO REAL 1046-02-021 ELP RMA $38,287,405 $83,658,405 $60,763,718 FM659 SUNFIRE to US 621180 (MONTANA AVENUE) WEST WEBB CO. & CITY of 0086-14-046 LRD LAREDO $15,845,089 $99,503,494 $43,611,000 SL20/SP 400 OVERPASS at SL 20/SPUR 400 SOUTH CITY of 0363-01-114 FTW COLLEYVILLE $19,100,000 $118,603,494 $28,025,000 SH26 CHEEK-SPARGER to HALL,,",OHNSON NORTH WILLIAMSON 0015-08-128,etc. AUS CO. $10,997,000 $129,600,494 $22,538,000 IH 35 NBFR WESTINGHOUSE ROAD to SH 29 SOUTH SH36& 0188-03-019,etc. HOU BRAZORIA CO. $15,835,000 $145,435,494 $42,051,000 SH 36/FM 2004 N. of FM 1462 to S. of CR 18,etc. EAST CAMERON CO. 0684-01-019,etc. PHR RMA $34,500,000 $179,935,494 $46,000,000 SH 32 US 77/83 to PORT of BROWNSVILLE SOUTH CITY of CEDAR Not Available AUS PARK $10,675,000 $190,610,494 $24,300,000 RM 1431 FM 734 (PARMER LANE) to SAM BASS ROAD SOUTH HIDALGO CO. 0921-02-172 PHR RMA $70,000,000 $260,610 494 $195,930,000 SH 365 FM 1016 to FM 3072 SOUTH CHAMBERS Not Available BMT CO. $20,032,000 $280,642,494 $35,762,000 FM 1409 SH 565 NORTH to SH 565 SOUTH EAST TOTAL = $280,642,494 1068-04-147,etc. "DAL NCTCOG $64,000,000 - $128,732,000 IH 30 SH 360 to SYLVAN AVENUE NORTH 0320-06-001,etc. "WAC CITY of TEMPLE $39,019,000 - $50,491,000 LOOP 363 IH 35 (NORTH) to FM 2305 NORTH HIDALGO CO. 0220-01-023 " PHR RMA $8,500,000 - $21,885,000 US 281 E. of SPUR 600 to FM 2557 SOUTH ~J-034,etc. "DAL DENTON CO. $42,570,000 - $56,988,OOL_ FM 1171 W. of SHILOH ROAD to IH 35W NORTH * The Commission grants conditional authority to pursue negotiations with the sponsors of these projects in priority order for a total Pass-Through Toll program amount not to exceed $300 million, if staff is unable to successfully negotiate any of the top 11 listed projects. Page 1 of 1 Exhibit A lOll MAY24 AM 10: 55 RECEIVED DANNY VALDEZ WEBB COUNTY JUDGE May 23, 2011 Mr. Albert Quintanilla, P.E. Laredo District Engineer 1817 Bob Bullock Loop Laredo, Texas 78043-9770 RE: Pass-Through Toll Negotiations - PTr #2010-00401 Dear Mr. Quintanilla: Today, May 23,2011 the Webb County Commissioners Court considered and approved Item #12 where' Webb County withdraws its application for the above referenced project. Webb County does this in concurrence with the City of Laredo as both were co applicants in the program application. This action will allow TxDOT to allocate other funding or consider other programs that may be available for this much needed project. Sincerely, tfl~vCt) Danny Valdez Webb County Judge xc: Hon. Frank Sciaraffa, Webb County Commissioner Pct. 1 Hon. Rosaura "Wawi" Tijerina, Webb County Commissioner Pct. 2 Hon. Jerry Garza, Webb County Commissioner Pct. 3 Hon.Jaime A. Canales, Webb County Commissioner Pct. 4 Leroy R. Medford, Executive Administrator for the County Judge Alberto Ramirez, P.E., Director ofTP&D, TxDOT Melisa Montemayor, Director of Advanced Transportation Plann Baltazar Avila, P.E., Project Manager, TxDOT TRANSPORTATIO~ PLANNING &DEVELOPMENT 1000 HOUSTON STREET • 3RD FLOOR. LAREDO, TEXAS 78040 TEL. (956) 523-4600 • FAX: (956) 523-5065 • E-mail: [email protected] COUNCIL COMMUNICATION DATE: SUBJECT: MOTION: Authorizing the City Manager to initiate a Downtown Fa<;ade Restoration Program to provide matching grants up to $15,000 to commercial property owners and business 06-20-11 owners in the Laredo Main Street District, Arts and Entertainment District and Central Business District to encourage restoration projects of building facades and to enhance the buildings overall exterior appearance. Provision of the assistance is contingent upon the creation and/or retention ofjobs. Funding is available in the 36th Action Year . Community Development Block Grant (CDBG) Downtown Fa<;ade Restoration Grant. INITIATED BY: Horacio De Leon STAFF SOURCE: Ronnie Acosta Assistant City Manager CD Director PREVIOUS COUNCIL ACTION: N/A 08-02-10 The 36th Action Year Consolidated Plan was approved and included an allocation of $106,027 for the Downtown Fa<;ade Restoration Program. BACKGROUND: Staff is proposing to begin the Downtown Fa<;ade Restoration Grant Program to allow for the use of CDBG funds to provide grant opportunities to commercial property owners and business owners in the Laredo Main Street District, Arts and Entertainment District and Central Business District to encourage restoration projects of building facades and to enhance the buildings overall exterior appearance. Provision ofthe assistance is contingent upon the creation and/or retention ofjobs. The purpose of the Downtown Fa<;ade Improvement Grant Program is to - Reverse the deterioration of the commercial structures in the targeted areas. - Enhance efforts to market downtown properties and attract new businesses. - Stimulate new, private investment and economic growth. - Promote consistency in design and create a fresh and aesthetically pleasing environment. - Assist property owners with the appropriate exterior rehabilitation of their buildings and bring them up to code. - Invest in historic preservation and rehabilitation. FINANCIAL IMPACT: Community Development Block Grant ( CDBG) Downtown Fa<;ade Restoration Grant 211-9680-555-1430 $106,027 RECOMMENDATION: STAFF RECOMMENDATION: N/A That this motion be passed. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration for approval to reject the three (3) bids received for the Civic Center Soft 06/20111 Walking Track and approval to re-bid the project since two of the bids had technical errors in the bid proposal and in the specifications, and the third bid was over the budget amount available. INITIATED BY: STAFF SOURCE: Carlos Villarreal, Rogelio Rivera, P .E., City Engineer City Manager Ronnie Acosta, CD Director PREVIOUS COUNCIL ACTION: None. BACKGROUND: The project consists of pouring in place bonded rubber material over an approximate 30,000 square feet of existing sidewalk around the City Civic Center and Martin High School. This material over the concrete sidewalk will be red in color, slip resistant, and will reduce the chances of injury by reducing stress on ankles, knees and lower back. Plans and specifications were prepared by In-House by the Engineering Department. Three (3) bids were received at the City Secretary's Office at 4:00 P.M. on Thursday, May 19,2011, and publicly opened, read, and taken under advisement on Friday, May 20, 2011, at 10:00 A.M. as follows: Contractor (Bidder) Base Bid Alternative 1 ( Poured in Place Rubber Walking Track Surface Color Terracotta Red) 1. PS Commercial Play, LLC. $222,311. 7 5 $167,411.62 Boerne, Texas 78006 2. Zertuche Construction, LLC. $225,000.00 $165,000.00 Laredo, Texas 3. ALC Construction, Inc. $290,000.00 $228,000.00 Laredo, Texas The lowest bidder PS Commercial Play, LLC., Boerne, Texas, did not meet specification requirements, Zertuche Construction, LLC., Laredo, Texas, had a technical error in reporting the unit price and can not be waived and ALC Construction, Inc., Laredo, Texas, bid was over the project budget. Staff is therefore recommending to reject the bids received, modify plans and re-bid the project. FINANCIAL IMPACT: N/A. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A. Approval of Motion. COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 06/20111 Consideration to amend annual supply contract number FYI0-066 awarded to the low bidder, Arguindegui Oil Co., Laredo, Texas, for the purchase of unleaded and diesel fuel for the City of Laredo's fleet, by increasing the contract award in the amount of $875,000. The new contract total will be $4,375.000. The contract amount is being modified as a result of an industry wide increase in the cost of automotive fuel. Funding is available in the Fleet Maintenance Fund. INITIATED BY: STAFF SOURCE: Rogelio Rivera, P .E. , City Engineer Jesus Olivares, Assistant City Manager Jack Dunn, Fleet General Manager Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: Awarded annual contract FYlO-066 for automotive fuel on August 2, 2010 in the amount of $3,500,000. BACKGROUND: A contract was awarded to Arguindequi Oil Co., Laredo, TX for the purchase of unleaded and diesel fuel for the City of Laredo's fleet~ The estimated contract amount identified on August 2,2010 City Council motion was $3,500,000.00. This request is to modify the contract amount by increasing the contract award by twenty five percent or $875,000 to $4,375,000. The current contract will end in two months. New bids are being solicited and a new contract award is proposed for August 2011. FINANCIAL IMPACT: All user departments are charged the actual usage on a monthly basis. Fleet Management - Gasoline Inventory Account Number: 593-0000-141-0200 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That this contract be approved. COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 06/20111 Consideration to award supply contract number FYII-085 to Brothers Materials, Laredo, Texas in the estimated amount of $742,500.00, for the purchase of flexible base-caliche, flexible base type A, flexible base type B, and sand. These materials are used by city departments for all city paving and construction projects. The term of this contract is for a one year period and is subject to the availability of funds. All materials are purchased on an as needed basis utilizing the Public W.orks and Utilities Department construction projects budgets . . INITIATED BY! STAFF SOURCE! Jesus Olivares, Assistant City Manager Rogelio Rivera, P.E., City Engineer Tomas Rodriguez, P .E., Utilities Department Director Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: None. BACKGROUND: Bids were accepted for awarding contracts for the purchase of materials used in street paving, street reconstruction, and general repair projects for all City departments. These materials consist of flexible base,sand, and gravel. Bid pricing is requested .on j.ob site delivery .of materials and picked up by City trucks at the material provider's plant. The apparent low bidder on Section IV, SCC Pure Materials, submitted an unsigned bid. The Engineering Department and the Public Works Division have reviewed all bids received and is recommending that a contract be awarded to Brothers Materials. BidSummary Section Description Brothers Materials Azar Services SCC Pure Materials I Flexible Base-Caliche, F.O.B Delivery $ 127,500.00 $ 189,500.00 No Bid n Flexible Base-Caliche, Picked up by City trucks $ 28,000.00 $ 34,000.00 No Bid m Flexible Base-Crushed Limestone, F.O.B Delivery $ 196,000.00 $ 220,000.00 $ 234,000.00 IV Flexible Base-Crushed Limestone, Picked up by City trucks $ 176,000.00 $ 198,000.00 $ 89,760.00 V Flexible Base-Type B, Grade 3, Picked up by City trucks $ 170,000.00 $ 335,000.00 No Bid VI Sand, F.O.B Delivery $ 39,000.00 No Bid No Bid VII Sand, Picked up by City trucks $ 6,000.00 No Bid No Bid Total Award $ 742,500.00 $ 976,500.00 $ 323,760.00 A bid tabulation is attached for your review. FINANCIAL IMPACT: The purpose of this contract.i.s establish prices for the commodities or services neede~ should the City need to purchase these commodities or services. The City's obligation for performance of an annual supply contract beyond the current fiscal year is contingent upon the availability of appropriated funds from which payments for the oontract purchases can be made. If no funds are appropriated and budgeted during the next fiscal year, this contract becomes null and void. These materials are used by city departments required for all city paving, repair and construction projects. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this action be approved Bid Tabulation FYll-085 Flexible Base, Sand, Gravel June 8, 2011 @ 3:00 P.M. Azar Services Brothers Materials see Pure l\Iaterials Laredo, TX 78041 Laredo, Texas 78043 Laredo, Texas 78041 Section Description Qty Unit Price Total Unit Price Total Unit Price Total I Flexible Base-Caliche, F.O.B Delivery to Public Works or Utilities Department 10,000 $ 18.95 $ 189,500.00 $ 12.75 $ 127,500.00 No Bid II Flexible Base-Caliche, Picked up by City trucks 4,000 $ 8.50 $ 34,000.00 $ 7.00 $ 28,000.00 No Bid Mileage factor for low bid determination at $0.511mile 4,000 $ 17.34 $ 69,360.00 $ 7.65 $ 30,600.00 No Bid Subtotal with nii!~~~~,;f~F~9.;!l,:·tL0;&A. ,' Number of tons per cubic yard 1.75 Ton's Yd3 1.8846 Ton's III Flexible Base-Crushed Limestone, F.O.B Delivery to Public Works or Utilities Dept. 8,000 $ 27.50 $ 220,000.00 $ 24.50 $ 196,000.00 $ 29.25 $ 234,000.00 IV Flexible Base-Crushed Limestone, Picked up by City trucks 8,000 $ 24.75 $ 198,000.00 $ 22.00 $ 176,000.00 $ 16.00 $ 128,000.00 Mileage factor for low bid determination at $0.511mile 8,000 $ 13.26 $ 106,080.00 $ 5.56 $ 44,480.00 $ 11.22 $ 89,760.00 .•. ;. Subtotart,.witfumilellg~:.fact~ . $ .;n1i76oiW.G --', 'Y' ~ :Pfo~Pt 'payineht diScotJit i' ;'\i)f$ HlzYL k~'Y~jd ewuuationtotalamotJit Number of tons per cubic yard 1.96 Ton's Yd3 1.8846 Ton's 1.4 Ton's V Flexible Base-Type B, Grade 3, Picked up by City trucks 10,000 $ 33.50 $ 335,000.00 $ 17.00 $ 170,000.00 No Bid Mileage factor for low bid determination at $0.511mile 10,000 $ 13.26 $ 132,600.00 $ 7.65 $ 76,500.00 No Bid "Su15tbi:aJiWitfu'lni1eage factor :S'~ ;:'" ~'~, ~c c • , l Ptoni~ip~ym~t Number of tons per cubic yard 1.96 Ton's Yd3 1.8846 Ton's VI Sand, F.O.B Derlivery to Public Works or Utilities Department 3,000 No Bid $ 13.00 $ 39,000.00 No Bid Bid Tabulation FYll-085 Flexible Base, Sand, Gravel June 8, 2011 @ 3:00 P.M. Azar Sen ices Brothers Materials SCC Pure ~Iaterials Laredo, TX 78041 Laredo, Texas 78043 Laredo, Texas 78041 VII Sand, Picked up by City trucks 1,000 No Bid $ 6.00 $ 6,000.00 No Bid Mileage factor for low bid determination at $0.511mile 1,000 No Bid $ 5.71 $ 5,710.00 No Bid VIII Gravel, Picked up by City trucks 1,000 No Bid No Bid No Bid Mileage factor for low bid determination at $0.511mile 1,000 No Bid No Bid No Bid 1};"S!llttotlfl!:wit«JfnJ.ta'ag,r4crot ~~pirp~~~t ~iscount . J'Jow'bidevaluatioft'totJlJ:"am(:)Unt .... IX Gravel, F.O.B Derlivery to Jobsite 3,000 No Bid No Bid No Bid Prompt Payment Discount 5% net 15 1% net 10 Lab Test Report Submitted Yes Yes Yes Recommendation Section Description I Flexible Base-Caliche, F.O.B Delivery to Public Works or Utilities Department $ 127,500.00 II Flexible Base-Caliche, Picked up by City trucks $ 28,000.00 III Flexible Base-Crushed Limestone, F.O.B Delivery to Public Works or Utilities Dept. $ 196,000.00 IV Flexible Base-Crushed Limestone, Picked up by City trucks $ 176,000.00 V Flexible Base-Type B, Grade 3, Picked up by City trucks $ 170,000.00 VI Sand, F.O.B Derlivery to Public Works or Utilities Department $ 39,000.00 VII Sand, Picked up by City trucks $ 6,000.00 Total Award $ 742,500.00 COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 06/20111 Consideration to award supply contract number FY11-065 to the following low bidders, for the purchase of mechanical joint fittings, valve boxes and pipe tubing for the Utilities Department: a) Sections III, VI, to HD Supply Waterworks, Atlanta, GA in the estimated amount of $269,361.02; b) Sections I, II, IV, VII, VIII to Ferguson Waterworks, Newport News, V A in the estimated amount of $728,581.25; c) Sections V, to Aguaworks Pipe & Supply, Brownsville, TX in the estimated amount $10,511.20. These materials are purchased on an as needed basis by the Utilities Department Water Operations for construction and repair projects. Funding is available in the Utilities Department Fund. INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Tomas Rodriguez, P.E., Utilities Department Director Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City received three bids for awarding a contract for providing the Utilities Department with mechanical joint fittings, valve boxes, and pipe tubing for a twelve-month period. Staff is recommending that contracts be awarded to the following bidders: HD Supply Waterworks, Ferguson Waterworks, and Aguaworks Pipe and Supply. It is also recommended that the bid pricing submitted by HD Supply Waterworks for section I and II and the bid pricing submitted by Aguaworks Pipe for section VIII not be considered. Both submitted bid pricing for materials not meeting the City of Laredo specifications (HD Supply Pipe & Supply -non-domestic material). Contract Award HD Supply Waterworks Ferguson Waterworks Section III Compression Brass Fittings $ 177,894.00 Section I MJ Retainer Glands $ 39,500.00 Section VI Mechanical Iron Fittings $ 91,467.02 Section n Plastic & Iron Meter Total $ 269,361.02 Boxes $ 133,525.50 Section IV Brass Fittings Mueller $ 145,092.00 Aguaworks Pipe & Supply Section VII Copper Pipe Type "K" $ 150,160.00 Section V Brass & Galvanized $ 10,511.20 Section vm Full Circle Clamps $ 146,905.21 Total $ 728,581.25 A bid tabulation is attached. FINANCIAL IMPACT: The purpose of this contract is to establish prices for the commodities or services needed, should the City need to purchase these commodities or services. The City's obligation for performance of an annual supply contract beyond the current fiscal year is contingent upon the availability of appropriated funds from which payments for the contract purchases can be made. If no funds are appropriated and budgeted during the next fiscal year, this contract becomes null and void. Account Number: 559-0000-141-0000 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be approved. COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS Consideration to award contract number FY11-077 to Benlee Inc., Romulus, 06/20111 Michigan, in the amount of $ 94,293.00 for the purchase of one roll-off trailer and four 25 cubic yard containers in order to haul and dispose of wastewater bio solids from the Southside Wastewater Treatment Plant. This equipment will help control wastewater bio-solids overflow during the rainy season. Funding is available in the Utilities Department - 2009 Utility Bond. INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Tomas Rodriguez, P.E., Utilities Department Director Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: None. BACKGROUND: Bids were requested for the purchase of one roll-off trailer and four 25 cubic yard containers for the Utilities Department Wastewater Division. This equipment will increase the loading and disposal capacity control of wastewater bio-solid overflows during wet weather emergencIes. A recommendation is being presented to the City Council that a contract be awarded to Benlee Inc., for the purchase of this equipment. Delivery is expected with-in 60-90 days. Bid Summary Benlee, Inc. Wastequip Mfg. Co. Romulus, Michigan Charlotte, North Carolina Description Ouantity Unit Price Ext. Price Unit Price Ext. Price Roll-Off Trailer 1 $ 62,773.00 $ 62,773.00 No Bid No Bid Extended Warranty (5 Years) 1 $ 2,500.00 $ 2,500.00 No Bid No Bid Roll-Off Containers 4 $ 7,255.00 $ 29,020.00 $ 6,958.00 $ 27,832.00 Total $ 94,293.00 Total $ 27,832.00 FINANCIAL IMPACT: Funds for this service are available from the following line item budget: Sewer Rehabilitation Projects, 2009 Series C, Utilities Bond Account Number: 559-4283-535-9001 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended hat this contract be approved. COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 06120111 Consideration to ratify the City Manager's approval of an emergency purchase authorization to Rovan, LLC, Mercedes, TX in the amount of $51,554.00 for the installation of one, 24" magnetic flow-meter, the construction of meter vault and the relocation of two butterfly valves at the Mary Help of Christian Booster Station. This project will improve water pressure and volume in the Northeast area of the City. Funding is available in the 2009 Series C Utilities Bond proceeds. INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Tomas Rodriguez, P.E., Utilities Department Director Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: None. BACKGROUND: City Management has authorized the emergency purchase of services for the installation of one 24" magnetic flow-meter, the construction of a meter vault and the relocation of two 16" butterfly valves at the Mary Help of Christian Booster Station located at 7401 Springfield, Laredo, Texas 78045. This project will improve water pressure and volume in Northeast Laredo and will maintain water levels in the ground water storage tanks located at the San Isidro Booster Station and San Isidro Northeast Booster Station. All labor, materials, and equipment are included in the total price. Estimated time for completion of project, after notice of receipt to proceed, is thirty working days. Rovan, LLC P.O. Box 41 Mercedes, Texas 78570 Installation of one 24" Magnetic flow-meter $ 18,988.00 Construction of one 8' x 6' vault $ 26,606.00 Relocation of two 16" Butterfly valves $ 5,960.00 Total $ 51,554.00 FINANCIAL IMPACT: Funds for this service are available from the following line item budget: Line Rehabilitation Projects, 2009 Series C, Utilities Bond Account Number: 557-4186-538-0359 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Ratification of this action. CITY OF LAREDO WATER UTILITIES Date: May 27,2011 To: Carlos Villarreal, City Manager From: Tomas M. RodrIguez, Jr. P.E., Utilities Direc~~~= M'~ Subject: 24" Magnetic MeterNault Installation at MHOC Booster Station Mr. ViUarreal, I am requesting your approval of requisition number 235658 in the amount of $51,554.00 to Rovan, LLC for the above referenced project. DISAPPROVED Carlos Villarreal, City Manager Carlos Villarreal, City Manager COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 06/20111 Consideration to renew contract FY09-056 to HD Supply Waterworks, San Antonio, Texas in the amount of $466,021.69, for the purchase of turbine and compound cold water meters for the Utilities Department. This contract renewal includes a 6% price increase from the previous contract period due to a price increase materials. The contract will allow the department to purchase meters on an as needed basis. Funding for the purchase of these meters is available in the Utilities Department Budget. INITIATED BY: STAFF SOURCE: Jesus Olivares, Assistant City Manager Tomas Rodriguez, P.E., Utilities Department Director Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: Awarded a one year contract on 06/21/10. BACKGROUND: City Council authorized a contract with HD Supply Waterworks for the purchase of turbine and compound cold water meters for the Utilities Department. Nine different meter sizes are purchased by the Utilities Department-Water Division for residential and commercial installations. Due to a price increase in materials, the cost of the meters will be increasing by 6%. These meters will be purchased on an as needed basis. HD Supply Waterworks has agreed to and signed the contract renewal notice to extend the term of this contract for one additional twelve month period. This is the last extension for this contract. Su(!(!lies under contract HD Supply Waterworks Inc. Current Totals Proposed Totals Schedule A-Turbo or Turbine Meters $ 201,078.71 $ 216,003.77 Schedule B-Compound Meters $ 235,016.52 $ 250,017.92 $ 436,095.23 $ 466,021.69 A bid tabulation is attached. FINANCIAL IMPACT: The purpose of this contract is to establish prices for the commodities or services needed, should the City need to purchase these commodities or services. The City'S obligation for performance of 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 renewed. Bid Tab FY09-056 Water Meters II May 22, 2009 3:00 PM HD Supply Waterworks Schedule A San Antonio, TX 78251 Description Quantity Unit Price Extended Unit Price Extended 1-1/2" water meter 204 $ 322.58 $ 65,806.32 $ 343.17 $70,006.68 2" water meter 189 $ 376.34 $ 71,128.26 $ 400.26 $75,649.14 3" water meter 43 $ 1,037.63 $ 44,618.09 $ 1,152.92 $49,575.56 4" water meter 9 $ 1,441.49 $ 12,973.41 $ 1,533.50 $13,801.50 6" water meter 3 $ 2,184.21 $ 6,552.63 $ 2,323.63 $6,970.89 $ 201,078.71 $216,003.77 Schedule B 2" water meter 189 $ 752.89 $ 142,296.21 $ 800.95 $151,379.55 3" water meter 43 $ 1,526.88 $ 65,655.84 $ 1,624.34 $69,846.62 4" water meter 9 $ 1,994.62 $ 17,951.58 $ 2,121.91 $19,097.19 6" water meter 3 $ 3,037.63 $ 9,112.89 $ 3,231.52 $9,694.56 $ 235,016.52 $250,017.92 Schedule A & B Total $ 436,095.23 $466,021.69 6% Schedule A Trade Allowance 1-112" water meter $ 5.00 $ 5.00 2" water meter $ 5.00 $ 5.00 3" water meter $ 5.00 $ 5.00 4" water meter $ 5.00 $ 5.00 6" water meter $ 5.00 $ 5.00 Schedule B Trade Allowance 2" water meter $ 5.00 $ 5.00 3" water meter $ 5.00 $ 5.00 4" water meter $ 5.00 $ 5.00 6" water meter $ 5.00 $ 5.00 Delivery 30 Working Days Prompt Payment Discount 0% DATE: SUBJECT: MOTION 06120111 Consideration for acceptance, and release of remaining 1% retain age in the amount of $21,097.83, to DEH Construction Co., LLC. for Contract #3 Generators and Electrical Controls for Booster Station Improvement Project. The generators have been delivered and are pending start up by manufacturer. The final contract amount is $2,109,783.65. Funding is available in the Retainage account. This project was funded by the American Recovery and Reinvestment Act CARRA) in the amount of $1,306,042.52 and the City of Laredo in the amount of $803,741.13. Subject to approval of the TWDB. INITIATED BY: STAFF SOURCE: Jesus M. Olivares, Assistant City Manager Tomas Rodriguez, P.E., Utilities Department Director PREVIOUS COUNCIL ACTION: On December 8, 2009, the City Council awarded a contract to DEH Construction Co., LLC. Laredo, Texas, in the amount of $2,091,776.65 for the acquisition of Contract #3 Generators and Electrical Controls for Booster Station Improvement Project. On October 8, 2010, City Council approved change order #1 in the amount of $18,007.00. On March 21, 2011 City Council approved the release of retainage in the amount of $84,391.34, 4% of 5% held retainage. BACKGROUND: for the Contract #3 Generators and Electrical Controls for Booster Station Improvement Project, subject to the approval of the TWDB. Contract #3 Generators and Electrical Controls for Booster Station Improvement Project consist on procurement of eleven (11) generators for the booster stations listed below: Lyon Booster Station, Sierra Vista Booster Station, Milmo Booster Station, Mines Rd. Booster Station, Pinto Valle Booster Station, Millenium Booster Station, MHOC Booster Station, Station 2 Booster Station, Unitech Booster Station, Hendricks Booster Station, and Santa Isabel R.O. Station. The procurement time was 360 calendar days. Funded from the ARRA fund account (Acct. #557-4188- 538-0281) in the amount of $1,306,042.52,2009 Utility Build America Bond account (Acct. # 557-4187- 538-0281) in the amount of $803,741.13, and Retainage account (Acct. # 557-0000-206-0110). - Original Contract $2,091,776.65 - Change Order # 1 $ 18,007.00 Total $2,109,783.65 360 calendar days FINANCIAL IMP ACT: Funding is available in the Retainage account (Acct. # 557-0000-206-0110). COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Operations & Finance Committee. Approve Motion. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Award contract and authorize the City Manager to execute the construction contract 06/20/11 to the lowest bidder Pesado Construction; Schertz, Texas in the amount of $1 ,693,866.40 for the construction of a 16" Water Main, Mines Road - FM 1472. The construction time is 180 working days. Funding is available in the 2010 Utility Bond. INITIATED BY: STAFF SOURCE: Jesus M. Olivares, Assistant City Manager Tomas M. Rodriguez Jr., P.E., Director of Utilities PREVIOUS COUNCIL ACTION: None BACKGROUND: The Project consists of installing approximately 20,000 LF of 16" PVC C-905 DR18, AWW A PR235 Water Main from Santa Isabel Creek to Pinto Valle Industrial Park Phase I, and 4,300 LF of 12" PVC C-900 DR14 AWW A Pressure Class 200 Water Main along the proposed road at the Golf Course on Mines Road with related borings, valves, appurtenances and incidentals Bids were received and opened on June 2,2011, at 10:00AM at the City Secretary's Office as follows: CONTRACTORS 1. Holloman Corporation $ 2,053,885.00 2. The 5125 Company $ 2,475,512.50 3. Slack and Co. $ 2,188,379.20 4. Reim Construction, Inc. $ 2,023,438.70 S. Pesado Construction $ 1,693,866.40 6. Qro Mex Construction Co. $ 2,072,120.00 7. VCC,LLC $ 2,344,256.68 8. Tropical Contracting $ 2,344,978.59 Therefore, consultant and staff recommend award the contract in the amount of$I,693,866.40 to Pesado Construction. FINANCIAL IMPACT: Funding is available in the 2010 Utility Bond 557-4192-538-0162 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Operations Committee To award the contract. Finance Committee City of Laredo Bid Tabulation bate: June 2nd,2011 #1 #2 #3 #4 Time: 10:00 am Holloman The 5125 Company Slack and Co. REIM Construction BID: 16" Water Main, Mines Rd. 13730 IH-10 East . 100g Doherty 9504 IH 35 N Ste. 205 9612 Stewart Rd. FAA 1472 Converse, TX 78109 Missioll, 1)( 78572 San Antonio, TX 78233 Mission, TX 78573 Utilities Addendum: r Addendum: >c- Addendum0' Addendum:Y I I Bid Bond Yes-t. No NjA Yes~ No NjA Ye~ No NjA Yesy No_ NjA Description Item No. Unit Price E..,p:. Bid Unit Price Ext. Bid 'Unit Price Ext. Bid Unit Price Ext. Bid ?, 05? \ ~f<;5 Q,~lS: '51~.! ~ ?, ,cl/6.1,1q:~ '»0 JS\ L/3~. 7 ( I, ) I I I I . ' .lit=. , I City of Laredo Bid Tabulation Date: June 2nd,2011 #5 #6 #7 #8 Time: 10:00 am Pesado Qro Mex Construct,ion ,co., , ' VCC,LLC' , BID: 16" Water Main, Mines Rd. 7054 Pipestone 2801 Prarie Creek Rd. 600 E. Las Colinas Blvd. I\Y\)O' CaJ , FAA 1472 Schertz, TX 78154 Granite Shoals, TX 78654 Ste.1225 ,~McL~V\~ Utilities Irving, TX 75039 '10~' clQ-- ' ~vO-\.ulLd, ~"-::::J'>Y\. ." ~~' or\.(D . 'lL Addendum: )I , Addendum: 'I: Addendum: ,.A Addendum;7 Bid Bond Yes..\.4.No NjA YesA No' NjA YesJa. No NjA Ye~ No NjA Description Item No. Utit Price Ext. Bid Uhit Price Ext. Bid Unit Price Ext. Bid Unit Price Ext. Bid , \,q)\~I.,\o. ~ V ?O1~1\?O 7) 3~~:;(;'Io,~ d))1~} 1l. 51 , I , : . ------_._------~ _. ------Page 1012 CITY OF LAREDO· UTILITIES DEPARTMENT PROJECT: 16" WATER MAIN. MINES ROAD - FM 1472 Pesado Construction REIM Construction, Inc. Holloman Corporation Qro-Mex Construction Co., Inc. Bid Opening: June 2.2011 10:00 a.m. 7054 Pipestone 9612 Stewart Rd. 13730 IH-10, East 2801 Prairie Creek Road BID TABULATION Schertz, TX 78154 Mission, TX 78573 Converse, TX 78109 Granite Shoals, TX 78654 210-651-4452 210-651-4492 956-580-2675 956-580-4032 (210) 667-9925 (210) 667-9968 830-598-2268 830-596-2601 BASE BID 104.1 12" PVC C-900, DR-14AWWA Class 200 Water Main 4,203 LF $ 36.00 $ 151,308.00 $ 46.00 $ 193,338.00 $ 48.00 $ 201,744.00 $ 46.50 $ 195,439.50 104.2 12" PVC C-900, DR-14 AWWA Class 200 Water Main (Restrained) 50 LF $ 60.00 $ 3,000.00 $ 91.75 $ 4,587.50 $ 37.00 $ 1,850.00 $ 54.00 $ 2,700.00 104.3 16" PVC C-905, DR-18 AWWA PR-235 Water Main 19,776 LF $ 46.15 $ 912,662.40 $ 54.00 $ 1,067,904.00 $ 59.00 $ 1,166,784.00 $ 56.00 TTTo7A56.00 104.4 16" PVC C-905, DR-18 AWWA PR-235 Water Main (Restrained) 50 LF $ 85.00 $ 4,250.00 $ 123.00 $ 6,150.00 $ 50.00 $ 2,500.00 $--75.00- $--n50~00' 110 12" Gate Valve wi Box & Cover 6 EA $ 2,500.00 $ 15,000.00 $ 2,435.00 $ 14,610.00 $ 2,600.00 $ 15,600.00 $----z;200-:5'O -r-T3:200:00 111 16" Butterfly Valve wi Box & Cover 22 EA $ 3,200.00 $ 70,400.00 $ 3,301.00 $ 72,622.00 $ 3,300.00 $ 72,600.00' -$~500.oif '-$-n;OOO.OO 112 Fire Hydrants 21 EA $ 3,700.00 $ 77,700.00 $ 4,006.00 $ 84,126.00 $ 3,700.00 J--Z7,7Q_0:.,OQ. $~O.OO· '-$--94,5'0([00 116.1 Interconnect to Exist. 12"/16" Water Main 2 EA $ 2,200.00 $ 4,400.00 $ 2,831.00 $ 5,662.00 $ 2,800.00 $ 5,600.00 T-'4~5-55~6O' -$--9,000.00 116.2 Service Connection Sampling Station 3 EA $ 1,200.00 $ 3,600.00 $ 1,416.00 $ 4,248.00 $ 3,100.00 $ 9,300.00' T--Uoo.oo $--4,500.00 120.1 Concrete Encasement, Collars, Cradles, Cap~ 54 CY $ 115.00 $ 6,210.00 $ 309.00 $ 16,686.00 $ 130.00 $ 7,020.00 $ 150.00 -$--aToo:Oo 120.2 Stone Riprap, Common, Dry, 24" Depth 165 CY $ 64:00 $ 10,560.00 $ 217.00 $ 35,805.00 $ 57.00 $ 9,405.00 $--85.00- '$'-'-14:025.60 126.1 Bore & Case 16" PVC Water Main in 30" Steel Casing 222 LF $ 250.00 $ 55,500.00 $ 434.00 $ 96,348.00 $ 424.00 $ 94,128.00 $ 559.00 $ 124,098.00· 126.2 16" PVC Water Main in 30" Steel Casing (Open Trench) 66 LF $ 200.00 $ 13,200.00 $ 262.00 $ 17,292.00 $ 114.00 $ 7,524.00 $ 285.00 $ 18,810.00 i 126.3 12" PVC Water Main in 18" PVC Casing (Open Trench) 40 LF $ 110.00 $ 4,400.00 $ 122.50 $ 4,900.00 $ 102.00 $ 4,080.00 $ 120.00 $ 4,800.00 130 Ductile Iron Compact Mechanical Joint Fittings (Restrained) 1.251 TON $ 30,000.00 $ 37,530.00 $ 34,545.00 $ 43,215.80 $ 29,000.00 $ 36,279.00 $ 10,000.00 $ 12,510.00 I 134 2" Air ReleaseNacuum Valves wNault 15 EA $ 3,000.00 $ 45,000.00 $ 4,904.00 $ 73,560.00 $ 4,500.00 $ 67,500.00 $ 3,500.00 $ 52,500.00 • 136.1 8" Pressure Reducing Valve wi Concrete Vault 1 LS $ 23,000.00 $ 23,000.00 $ 21,421.00 $ 21,421.00 $ 21,200.00 $ 21,200.00 $-28,000.00- -$--28]00.001 136.2 Replace Existing Pressure Valve wi New 8" Pressure Valve 1 LS $ 7,500.00 $ 7,500.00 $ 9,090.00 $ 9,090.00 $ 6,300.00 $ 6,300.00 $---:ro.000 ~OO -$-115']00.00 402 Clearing & Grubbing 17 AC 300.00 5,100.00 1,960.00 33,320.00 2,300.00 39,100.00 $ 850.00 $ 14,45([00' $ $ $ $ $ $ --;;;---"._". __ ...... 522.1 Cutting & Repairing Asphalt Pavement Driveways 52 SY $ 48.00 $ 2,496.00 $ 85.95 $ 4,469.40 $ 53.00 $ 2,i56~00 --$---61fotf $ 3,536.00 522.2 Cutting & Repairing Concrete Driveways 30 SY $ 120.00 $ 3,600.00 $ 87.35 $ 2,620.50 $ 67.00 $ 2,01 0·~2.g: '$------g;j::50 $--2]35:06 602.1 Filter Fabric (Silt) Fence 1,340 LF $ 2.00 $ 2,680.00 $ 3.15 $ 4,221.00 $ 3.00 $ 4,020.00 -$--3.20 ~_ ~2~8.00 602.2 Stabilized Construction Entrance 6 EA $ 800.00 $ 4,800.00 $ 1,415.00 $ 8,490.00 $ 1,400.00 $ 8,400.00 _I 1,50Q.Q~ $ 9,000.00 602.3 Rock Berm (Type 3) 100 LF $ 14.00 $ 1,400.00 $ 50.00 $ 5,000.00 $ 54.00 $ 5,400.00 $ 45.00 $----·4~560.00 . 602.4 Rock Berm (Type 4) 450 LF $ 14.00 $ 6,300.00 $ 25.35 $ 11,407.50 $ 27.00 $ 12,150.oif $ 55.00 T-24,750:00 608 Hydromulch Seeding 17.0 AC $ 4,000.00 $ 68,000.00 $ 2,630.00 $ 44,710.00 $ 2,400.00 $ 40,800.00 $ 1,700.00 $----28-;900.00 ~ Traffic Control & Barricade 1 LS $ 6,000.00 $ 6,000.00 $ 13,500.00 $ 13,500.00 $ 8,000.00 $ 8,000.00 "$ 15,00(fOO r--15,OOo:06 802 Sheeting & Bracing (Trench Excavation Protection) 24,135 LF $ 2.00 $ 48,270.00 $ 1.00 $ 24,135.00 $ 1.00 $ 24,135.00 $ 3.50 $ 84,472.50 999 Construction Contingency Allowance 1 LS $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 :ti 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 TOTAL - BASE BID $ 1,693,866.40 $ 2,023,438.70 $ 2,053,885.00 $ 2,072,120.00 612/2011 Prepared by: Porras Nance Engineering Page 2 of 2 CITY OF LAREDO· UTILITIES DEPARTMENT PROJECT: 16" WATER MAIN. MINES ROAD - FM 1472 Slack and Co. VCC, LLC Tropical Contracting The 5125 Company Bid Opening: June 2, 2011 10:00 a.m. 9504 IH 35 N, Ste. 205 600 E. Las Colinas Blvd.,#1225 6363 DeZavala Rd 1008 Doherty BID TABULATION San Antonion, TX 78233 Irving, TX 75039 San Antonio, TX Mission, TX 78572 877-404-7722 210-654-0545 214-574-4500 214-574-4506 210-224-7920 210-224-7924 (956) 583-5125 (956) 585-1633 BASE BID 104.1 12" PVC C-900, DR-14 AWWA Class 200 Water Main 4,203 LF $ 48.00 $ 201,744.00 $ 50.74 $ 213,260.22 $ 57.01 $ 239,613.03 $ 52.00 $ 218,556.00 104.2 12" PVC C-900, DR-14 AWWA Class 200 Water Main (Restrained) 50 LF $ 70.00 $ 3,500.00 $ 81.30 $ 4,065.00 $ 78.96 $ 3,948.00 -r---69.00 $--3,4SCJ.OO· 104.3 16" PVC C-905, DR-18 AWWA PR-235 Water Main 19,776 LF $ 62.00 $ 1,226,112.00 $ 64.44 $ 1,274,365.44 $ 60.74 $ 1,201,194.24 $ 67.00 $ 1 ,324,992~0(j' 104.4 16" PVC C-905, DR-18 AWWA PR-235 Water Main (Restrained) 50 LF $ 95.00 $ 4,750.00 $ 109.70 $ 5,485.00 $ 95.60 $ 4,780~0-if $ 94.00 -$-4)00.00 110 12" Gate Valve wi Box & Cover 6 EA $ 3,300.00 $ 19,800.00 $ 2,564.68 $ 15,388.08 $ 3,156.39 $ 18,938.34 $ 2,600.00 $--15:'600:00 . 111 16" Butterfly Valve wi Box & Cover 22 EA $ 5,300.00 $ 116,600.00 $ 3,023.50 $ 66,517.00 $ 5,388.73 $ 118,552'2~ $ 3,370.00 $ 74,140.00. 112 Fire Hydrants 21 EA $ 4,000.00 $ 84,000.00 $ 6,627.73 $ 139,182.33 $ 3,779.65 $ 79,372.65 $'3,950.00- ~----8?~5o.00l 116.1 Interconnect to Exist. 12"/16" Water Main 2 EA $ 5,500.00 $ 11,000.00 $ 3,119.13 $ 6,238.26 $ 9,529.74 $ 19,059.48 $ 2,300.00 $ 4,600.00 i 116.2 Service Connection Sampling Station 3 EA $ 2,000.00 $ 6,000.00 $ 2,374.12 $ 7,122.36 $ 1,452.07 $ 4,356.2'1 $ 1,500.00 $ 4,500.001 120.1 Concrete Encasement, Collars, Cradles, Caps 54 CY $ 350.00 $ 18,900.00 $ 299.42 $ 16,168.68 $ 289.53 $ 15,634.62 $ 450.00 -f~4,300.001 120.2 Stone Riprap, Common, Dry, 24" Depth 165 CY $ 180.00 $ 29,700.00 $ 78.07 $ 12,881.55 $ 87.53 $ 14,442.45 $ 80~0- $---13~200.ool 126.1 Bore & Case 16" PVC Water Main in 30" Steel Casing 222 LF $ 525.00 $ 116,550.00 $ 595.63 $ 132,229.86 $ 471.93 $ 104,768.46 $ 600.00 $ 133,200.00 I 126.2 16" PVC Water Main in 30" Steel Casing (Open Trench) 66 LF $ 200.00 $ 13,200.00 $ 373.78 $ 24,669.48 $ 281.78 $ 18,597.48 $ 110.00 $ 7,260.00, 126.3 12" PVC Water Main in 18" PVC Casing (Open Trench) 40 LF $ 125.00 $ 5,000.00 $ 399.07 $ 15,962.80 $ 263.50 $ 10,540.00 $ 126.00 $ 5,040.00 130 Ductile Iron Compact Mechanical Joint Fittings (Restrained) 1.251 TON $ 28,200.00 $ 35,278.20 $ 13,025.57 $ 16,294.99 $ 4,587.00 $ 5,738.34 $ 39,000.00 $ 48,789.00 134 2" Air ReleaseNacuum Valves wNault 15 EA $ 2,600.00 $ 39,000.00 $ 4,908.46 $ 73,626.90 $ 7,260.33 $ 108,904.95 $ 3,800.00 $ 57,000.00 136.1 8" Pressure Reducing Valve wi Concrete Vault 1 LS $ 22,500.00 $ 22,500.00 $ 29,377.08 $ 29,377.08 $ 32,742.58 $ 32,742.58 $---22,000.00 . T-22-;-doo:-do 136.2 Replace Existing Pressure Valve wi New 8" Pressure Valve 1 LS $ 9,000.00 $ 9,000.00 $ 11,169.75 $ 11,169.75 $ 4,388.13 $ 4,388-:-1:3" -$ 13,000.00 $ 13,000.00 402 Clearing & Grubbing 17 AC $ 500.00 $ 8,500.00 $ 2,188.24 $ 37,200.08 $ 1,302.73 $ 22,146.41 $ 1,700.00 -$-28]oo~06 522.1 Cutting & Repairing Asphalt Pavement Driveways 52 SY $ 75.00 $ 3,900.00 $ 64.85 $ 3,372.20 $ 4.62 $ 240.24 1---23.00 -$---1:'196.00 522.2 Cutting & Repairing Concrete Drive'Nays 30 SY $ 120.QO $ 3,600.00 $ 116.43 $ 3,492.90 $ 2d~1~_ $ 605.40 $ 69.00 $ 2,07Cl.OO 602.1 Filter Fabric (Silt) Fence 1,340 LF $ 4.00 $ 5,360.00 $ 6.58 $ 8,817.20 $ 2.18 $ 2,921.20 $---5~0 -$--7:37000 602.2 Stabilized Construction Entrance 6 EA $ 1,700.00 $ 10,200.0Q $ 1,761.93 $ 10,571.58 $ 1,497.27 $ 8,983.62 $ 1,952.00 $ 11,712.00 602.3 Rock Berm (Type 3) 100 LF $ 62.00 $ 6,200.00 $ 52.77 $ 5,277.00 $ 78.84 $ 7,884.00 - -f---95.00 )_fJ--:§'QQ]Q.1 602.4 Rock Berm (Type 4) 450 LF $ 31.00 $ 13,950.QO $ 38.84 $ 17,478.00 $ 103.18 $ 46,431.00 $ 113.00 $ 50,850.00 , 608 Hydromulch Seeding 17.0 AC $ 2,400.00 $ 40,800.00 $ 1,599.63 $ 27,193.71 $ 6,268.00 $ 106,556.00 $-a;9oo.do- -$-117,300.00' 712 Traffic Control & Barricade 1 LS $ 9,100.00 $ 9,100.00 $ 48,989.33 $ 48,989.33 $ 5,989.10 $ 5,989.10 $ 29,000.00 $ --29,000.00 802 Sheeting & Bracing (Trench Excavation Protection) 24,135 LF $ 1.00 $ 24,135.00 $ 0.74 $ 17,859.90 $ 1.56 $ 37,650.60 $ 2.50 $ 60,337.50 999 Construction Contingency Allowance 1 LS !ji 100,000.00 !ji 100,000.00 $ 100,000.00 $ 100,000.00 !ji 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 TOTAL - BASE BID $ 2,188,379.20 $ 2,344,256.68 $ 2,344,978.59 $ 2,475,512.50 6/2/2011 Prepared by: Porras Nance Engineering COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 6/20/11 Motion to approve the City Manager to execute the renewal option to the contract with SMG, for management services for the operations of the Laredo Energy Arena (LEA) formerly "Laredo Entertainment Center (LEC) salient terms of which are: 1. An additional three (3) year term renewal option; 2. A fixed annual management fee of $120,000.00; 3. 4% of the food and beverage gross revenues; and, 4. Incentive fee of30% of the Net Operating Profits The additional three year period will be commencing December 1, 2011 and ending November 30, 2014 on terms mutually agreed. INITIATED BY: STAFF SOURCE: Carlos Villarreal, City Manager Cynthia Collazo, Deputy City Manager Horacio De Leon, Assistant City Manager PREVIOUS COUNCIL ACTION: On September 2, 2008, City Council approved to award a contract to SMG for management services for the operations of the Laredo Energy Arena formerly "Laredo Entertainment Center". BACKGROUND: The City of Laredo desires to continually engage with SMG, and SMG desires to accept such engagement, to provide management services for the Facility on the terms and conditions set forth herein. The City of Laredo intends to work in mutual accord with SMG in order to ensure provision of high quality management services, thereby enhancing the use and enjoyment of the Facility. FINANCIAL IMPACT: 1. An additional three (3) year term renewal option; 2. A fixed annual management fee of$120,000.00; 3. 4% of the food and beverage gross revenues; and, 4. Incentive fee of30% of the Net Operating Profits. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Recommend approval of motion. COUNCIL COMMUNICATION DATE: SUBJECT: STAFF REPORT Presentation on the Fiscal Year (FY) 2011 Audit Plan in accordance with Ordinance No. 2011- 06-20-2011 0-077, with possible action. INITIATED BY: STAFF SOURCE: Carlos Villarreal, City Manager Veronica Urbano-Baeza, Internal Auditor Cynthia Collazo, Deputy City Manager PREVIOUS COUNCIL ACTION: City Council approved ordinance no. 2011-0-077 on June 6, 2011. BACKGROUND: The Audit Plan followed by the Internal Audit Office is developed through: 1. A risk assessment of the funds collected and the number of cash handling employees. 2. The frequency of non-compliance with City policies, procedures, ordinances, etc. noted through spot checks conducted by other departments. 3. Follow-Ups to previous audits conducted by Internal Audit. 4. Follow-Ups to previous audits conducted by the External Audit Firm. 5. Reports of alleged fraud, theft, non-compliance or wrongdoing. Each fiscal year audit plan includes a number of random unannounced audits of City-wide collections, cash funds and inventory. Additionally, the audit plan includes various compliance audits of some of the following areas: cash receipts, payroll, purchasing and travel, just to name a few. It should also be noted that in addition to the annual audit plan, follow-up audits are conducted in accordance with the annual External Auditor's Letter to Management. Additionally, we receive requests throughout the fiscal year to look into areas where fraud, theft or wrongdoing is suspected, as well as perform consulting services that may not require extensive reviews. FINANCIAL IMPACT: None. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Approval of the FY 2011 Audit Plan.