CITY OF LAREDO CITY COUNCIL MEETING A-2005-R-19 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, 78040 October 3,2005 5:30 P.M. a 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.

1. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

Ill. ROLL CALL

IV. MINUTES

Approval of the minutes of August 1, 2005 and September 12, 2005.

V. COMMUNICATIONS AND RECOGNITIONS

Announcements a. Announcing the binational initiative for Dia del Rio, scheduled for October 15, 2005, in which the City of Laredo, Keep Laredo Beautiful, the Lamar Bruni Vergara Environmental Science Center and the International Study Center together with Mexico's Comision lnternacional de Limites y Aguas will join in hosting a beautification project along the banks of the Rio Grande River.

Invitations

Recognitions a. Recognizing the City of Laredo Customer Service Representatives as part of Customer Service Week. b. Congratulating Dr. Hector F. Gonzalez, Health Department Director, as a recipient of the OTHLl Award by the Mexican Consul during the Fiestas Patrias. c. Recognizing Luis Gerardo Perez, from United High School, for his philanthropic efforts demonstrated through his community service project of collecting sports equipment to donate to our sister City of Lampazos, Nuevo Leon.

Communiques a.

VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES a. Appointment by Council Member John Galo of Melissa Cigarroa to the Laredo Commission for Women. b. Mayor Elizabeth G. Flores' appointment of a Council Committee to work with City staff to bring a semi-professional baseball team to .

VII. PUBLIC HEARINGS

1. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by authorizing a Conditional Use Permit for a nationalization of vehicles enterprise on Lots 8-12, Block 808, Western Division, located at 3019 San Bernardo Avenue; providing for publication and effective date. The Planning and Zoning Commission recommended approval of the proposed Conditional Use Permit.

2. Public hearing and introductory ordinance authorizing the City Manager's acceptance of a grant from the U.S. Environmental Protection Agency (EPA) in the amount of $87,750.00 with $29,250.00 in matching funds for a total of $117,000.00 and amending the City of Laredo's Fiscal Year 2005 - 2006 Annual Budget for the NPDES Fund by appropriating the said grant revenue to the appropriate expenditure accounts. The grant funds will be used for the Stream Restoration Project, Phase2

3. Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2005 - 2006 Communication System Fund Budget by appropriating revenues and expenditures in the amount of $1,400,000.00 respectively. The revenues are from lease purchase proceeds related to financing of necessary equipment for the 800 MHz Radio Communication System.

4. Public hearing and introductory ordinance authorizing the City Manager to amend the Fiscal Year 2005 - 2006 250'~Anniversary Celebration Budget to appropriate a fund balance in the amount of $25,230.00 for a total budget of $59,665.00 for scheduled 250th Anniversary Celebration Events.

5. Public hearing and introductory ordinance amending the City of Laredo 2005 - 2006 Annual Budget for the Communication System Fund in the amount of $1,159,758.00. The City of Laredo will be utilizing these funds for the purchase of equipment for the City of Laredo's proposed 800 MHz Trunking Radio Communication Project. Funding is available as a transfer- in from various City Departments.

6. Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2005 - 2006 Annual Budget by appropriating revenues and expenditures in the amount of $16,500.00 in grant funds from the -Mexico Border Health Commission in coordination with the Health Resources Services Administration (HRSA) for the Border Binational Health Week of the City of Laredo Health Department for the period beginning October 1, 2005 through October 23,2005.

7. Public hearing and introductory ordinance amending Chapter 15, Health and Sanitation, Article VI "Indoor Clean Air", of the Code of Ordinances of the City of Laredo, Texas by amending Sections 15-78 through 15-81; "Smoking in Public Places", providing for violations, enforcement and penalties of the policies implementing this chapter, providing severability; and providing for an effective date and publication.

8. Public hearing and introductory ordinance amending the City of Laredo 2005 - 2006 Annual Budget in the amount of $124,624.00 and accepting a grant awarded by the Office of Justice Programs, Bureau of Justice Assistance, in the amount of $124,624.00 for the 2005 - 2006 Justice Assistance Grant. The Office of Justice Programs is contributing the full grant amount of $124,624.00 with no match amount required of the City of Laredo. The City of Laredo and Webb County will each receive $62,312.00. The City of Laredo will utilize this funding for the purchase of equipment for Homeland Security purposes by the Laredo Police Department for the period of October 1, 2004 through September 30, 2008.

9. Public hearing and introductory ordinance accepting a grant in the amount of $94,442.00 from the Texas Department of Transportation for the Comprehensive Commercial Motor Vehicle STEP Program and amending the City of Laredo's Fiscal Year 2005 - 2006 Annual Budget in the amount of $44,442.00. The City of Laredo will be contributing a cash match in the amount of $24,668.00 for a total grant amount of $1 19,110.00. This grant is for overtime and fringe benefits.

10. Public hearing and introductory ordinance amending the City of Laredo's 2005 - 2006 Annual Budget in the Capital Grant Fund by appropriating revenues and expenditures in the amount of $1,750,000.00 received in federal funds in 2005 to initiate the installation and activation of Intelligent Transportation System (ITS) and authorizing the City Manager to implement said budget.

11. Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2005 - 2006 Annual Budget for the Water Operations Fund by increasing the Full Time Equivalent positions (FTE's) by five (5) and drawing down an opening balance and appropriating expenses in the amount of $469,424.00, for the addition of a five (5) member water distribution crew and equipment.

(Recess) (Press Availability)

VIII. FINAL READING OF ORDINANCES

12. 2005-0-233 Amending the Zoning Ordinance Map of the City of Laredo by authorizing a Conditional Use Permit for a mechanic, auto painting and body shop on Lot 5 and North 213 Lot 3, Block 927, Western Division, located at 3606 and 3616 Santa Maria Avenue; providing for publication and effective date.

2005-0-234 Amending the Zoning Ordinance Map of the City of Laredo by rezoning 3.16 acres, as further described by metes and bounds in attached Exhibit "A, located at the northwest corner of Logistic Drive and Mines Road, from B-I (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date.

2005-0-235 Amending the Zoning Ordinance Map of the City of Laredo by rezoning 3.72 acres, as further described by metes and bounds in attached Exhibit "A, located at 100 W. Village Boulevard, from B-3 (Community Business District) to B-4 (Highway Commercial District); providing for publication and effective date.

2005-0-236 Amending the Zoning Ordinance Map of the City of Laredo by authorizing a Conditional Use Permit for an outdoor amusement service on Lot IA, Block 1, McPherson Acres Development Subdivision Unit 1, located at 5702 McPherson Road; providing for publication and effective date.

2005-0-237 Amending the Zoning Ordinance Map of the City of Laredo by authorizing a Conditional Use Permit for outdoor storage of building materials on Lots 1 & 8 and west 113 of Lots 2 & 7, Block 9, Eastern Division, located at 601 Market Street; providing for publication and effective date.

2005-0-238 Amending the Zoning Ordinance Map of the City of Laredo by authorizing a Special Use Permit for the addition of an antenna to an existing communication tower on Lot 1, Block 1, U.S. Cellular Subdivision, located at 27005 F.M. 1472 (Mines Rd.); providing for publication and effective date.

2005-0-239 Amending the Zoning Ordinance Map of the City of Laredo by authorizing a Special Use Permit for oil and/or gas extraction on 1.65 acres, as further described by metes and bounds in attached Exhibit "A, located along Wormser Road; providing for publication and effective date.

2005-0-240 Amending the Zoning Ordinance Map of the City of Laredo by rezoning 5.6 acres, as further described by metes and bounds in attached Exhibit "A, located at 4307 Loop 20, from R-I (Single Family Residential District) to B-4 (Highway Commercial District); providing for publication and effective date.

2005-0-241 Amending the City of Laredo Fiscal Year 2004 - 2005 Airport Construction Budget to recognize additional revenues from a grant received from the Federal Aviation Administration Airport Improvement Program being Grant Project No. 3-48-0136-46-05 in the amount of $1,000,000.00 to acquire Runway Protection Zone (RPZ) Land abutting the Laredo International Airport and appropriating said grant revenues to the appropriate expenditure accounts and authorizing the City Manager to implement said Budget amendment.

2005-0-242 Amending the lease agreement with the Airport's Fixed Base Operators and Self Fuelers by increasing the Fuel Flow Fee Rate from $0.055 to $0.060 per gallon of aviation fuel received by the Airport's Fixed Base Operators and Self Fuelers at the Laredo International Airport; providing for publication and effective date.

2005-0-243 Authorizing the City Manager to amend Ordinance No. 2002-0-195 dated August 19, 2002, Establishing and Adopting Commercial Aircraft Landing Fees and Landing Fee Rate for the Laredo International Airport, as follows: Increase the Signatory Landing Fee rate from $0.60 to $0.75, and add a Non-Signatory Non-Tenant airline category at a rate of $1.20 per thousand (1,000) pounds gross landed weight; providing for an effective date.

2005-0-244 Authorizing the City Manager to enter into an Interlocal Agreement with Webb County for the construction of a Splash Park at Father McNaboe Park and improvements at Lafayette and Farias Splash Parks, attached as Exhibit A and amending the Fiscal Year 2004 - 2005 Parks Capital Grants Fund to appropriate revenues and expenditures, provided by Webb County, in the amount of $275,000.00 for the Splash Park construction at Father McNaboe Park.

2005-0-245 Amending the City of Laredo 2004 - 2005 Annual Budget by decreasing revenues in the amount of $30,252.00 and accepting a grant awarded by the Office of the Governor, Criminal Justice Division in the amount of $49,748.00 for the 2005 - 2006 Violence Against Women Grant. The Office of the Governor is contributing $49,748.00 with the City designating $106,745.00 in matching funds for a total grant amount of $156,493.00. This funding will be used for the Domestic Awareness Response Team Program under the Violence Against Women Act (VAWA) for the period of September 1, 2005 through August 31, 2006.

2005-0-246 Amending Ordinance No. 92-0-194, dated November 23, 1992, which authorized the City of Laredo Police Department to charge designated fees for copies of case reports and traffic accident reports, and for arrest record searches and letters relating to thereof, fingerprint work and validating of taxicab meters to increase each fee designated therein; providing for publication and effective date.

2005-0-247 Authorizing the City Manager to accept and execute an amendment to Federal Transit Administration (FTA) Operating Grant TX-90-X664-01 to increase the grant by $1,016,596.00 from $2,081,869.00 to $3,098,465.00; and to amend the Transit System's Operating Budget by increasing the Fiscal Year 2004 - 2005 FTA Operating Grant Contribution and decreasing the Transit Sales Tax match for Operations by $1,016,596.00 and providing for grant funds to be deposited in the City of Laredo Transit Fund.

2005-0-248 Closing as a public easement that section of the 300 Block of North New York Avenue between Chacon and Piedra China Streets, situated in the Eastern Division, City of Laredo, County of Webb, Texas, and providing for an effective date.

2005-0-249 Closing as a public easement a 34.55 sq. ft. (6.91' x 5) parcel of land, more or less, out of the 1300 block of Green Street between S. Stone Avenue and the former S. Loring Avenue."; authorizing the sale of the "Surface Only" of said parcel of land at the market value of $82.92; and authorizing the City Manager to execute all necessary documents to effectively convey fee simple title to Patricia 0. Hernandez and providing for an effective date. Said parcel of land is being encroached upon by the improvements of the abutting property being the N 213 of Lot 7, Block 714, Eastern Division, City of Laredo, County of Webb, described in attached Exhibit "A.

2005-0-250 Designating as a one-way northbound the 1600, 1700 and 1800 Blocks of Milmo Avenue, between Mier Street and Lane Street, during the peak hours of 7:30 a.m. to 9:00 a.m., and 2:30 p.m. to 4:00 p.m., Monday through Friday, during school days; providing for the installation of appropriate signs to indicate one-way traffic in the north direction; and providing for publication and effective date. 2005-0-251 Designating as a one-way westbound the 1200 and 1300 Blocks of Galveston Street, between Loring Avenue and McPherson Avenue, during the peak hours of 7:00 a.m. to 8:15 a.m., and 2:30 p.m. to 3:45 p.m., Monday through Friday, during school days; providing for the installation of appropriate signs to indicate one-way traffic in the westbound direction; and providing for publication and effective date.

IX. RESOLUTIONS

13. 2005-R-049 Authorizing the City Manager to enter into an Interlocal Government Aareement with Webb Countv. wherein the Citv of Laredo will design and construct the water and sewer improvemenis for Colonia Tanquecitos I, and Webb County agrees to pay the costs of design and construction of sewer improvements only, in an amount not to exceed $500,000.00, with grant monies Webb County received from the Office of Rural Community Affairs (ORCA), to be spent in compliance with ORCA's rules and regulations.

14. 2005-R-063 Accepting the donation of a 0.9183 acre (40,000 sq. ft.), more or less, parcel of land from Killam Ranch Properties, Ltd., for the construction of an elevated water storage tank in the Northeast Laredo area. Said parcel of land being situated in Porcion 23, Abstract 283, City of Laredo, Webb County, Texas; as described by Metes and Bounds and Survey attached as Exhibits A and B.

15. 2005-R-094 Accepting the donation of one (1) utility easement from Margarita Rodriguez, Alberto Villa, Esteban Trevino, Socorro Romero, Brenda Newcomb, and Roberto Garza, Jr., for the Pueblo Nuevo Subdivision Easement Acquisition Project. This being a 0.3457 acre, more or less, parcel of land which is out of Lot XI, Block 20, Pueblo Nuevo Subdivision, City of Laredo, Webb County, Texas; as described by Metes and Bounds and Survey attached as Exhibits A and B.

16. 2005-R-095 Accepting the donation of one (1) utility easement from Francisco Guerra, Jr., for the extension of utility services lines to the Laredo Ranchettes Subdivision. This being a strip of land containing 0.17 of an acre, more or less, out of Francisco Guerra, Jr's., 39.24 acre tract, Parcel 3, and being situated in Porcion 32, Abstract 296, Webb County, Texas, as described by metes and bounds and survey attached as Exhibits A and B.

17. 2005-R-096 Accepting the donation of one (1) utility easement from Francisco Guerra, Sr., for the extension of utility services lines to the Laredo Ranchettes Subdivision. This being a strip of land containing 0.21 of an acre, more or less, out of Francisco Guerra Sr., 39.24 acre tract, Parcel 2, and being situated in Porcion 32, Abstract 296, Webb County, Texas, as described by Metes and Bounds and Suwey attached as Exhibits A and B.

18. 2005-R-097 Accepting the donation of one (1) utility easement from Ana Laura Gomez for the extension of utility services lines to the San Carlos Subdivision, Phase I. This being a strip of land 15.00 feet in width, containing 2,194.20 square feet or 0.050 of an acre, more or less, over and across Lot 3, Block 1, as recorded in Volume 4, page 34, plat records, Webb County, Texas, and described by Metes and Bounds and Survey attached as Exhibits A and B.

19. 2005-R-098 Accepting the donation of one parcel of land as a utility easement from Vaquillas Development, Ltd., for the North American Development Bank Water Distribution Project, said parcel containing 1.489 acres, more or less, and being situated in the City of Laredo, Webb County, Texas, out of a 189.07 acre tract of land described in deed from E. G. Ranch, Ltd., to Vaquillas Development, Ltd., and recorded in Volume 1169, Pages 311-320, Webb County Official Public Records, and described by Metes and Bounds and Survey attached as Exhibits A and B.

20. 2005-R-099 Declaring the public necessity to acquire the "Surface Only" of a parcel of land legally described as Lots 3B & 3C, in Block 1 of the William Bejarano Replat, City of Laredo, Webb County, Texas, as delineated on attached copy of City Plat, to be used as part of the Airport Runway Protection Zone for Runway 35R, and authorizing staff to initiate negotiations and acquire the property at its market value to be established by State Certified Independent Real Estate Appraisers; and further authorizing relocation benefit payments in accordance with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended.

21. 2005-R-100 Accepting the donation of one parcel of land as a utility easement from Hilltop Farms, Ltd., for the North American Development Bank Water Distribution Project, said parcel containing 1.220 acres, more or less, situated in Porcion 33, Abstract 3084 and Porcion 34, Abstract 762, City of Laredo, Webb County, Texas, and described by Metes and Bounds and Suwey attached as Exhibits A and B.

22. 2005-R-101 Accepting the donation of two parcels of land as utility easements from E. G. Ranch, Ltd., for the North American Development Bank Water Distribution Project, these being: (1) A parcel of land containing 4.148 acres, more or less, situated in the City of Laredo, Webb County, Texas out of a 20.000 acre tract described in deed from Marvin E. Melson to E. G. Ranch Ltd., and recorded in Volume 1190, Pages 103-105, Webb County Real Property Records and out of a 924.0 acre tract described in deed from Eloy Garcia and Bonnie L. Garcia to E. G. Ranch, Ltd., and recorded in Volume 451, Page 16, Webb County Real Property Records, and described by Metes and Bounds and Survey attached as Exhibits A and B.

(2) A parcel of land containing 0.020 acres, more or less, situated in the City of Laredo, Webb County, Texas, out of a 20.000 acre tract described in deed from Marvin E. Melson to E. G. Ranch, Ltd., and recorded in Volume 1190, Pages 103-105, Webb County Real Property Records, and described by Metes and Bounds and Survey attached as Exhibits C and D.

23. 2005-R-102 Declaring the public necessity to acquire the "Surface Only" of three parcels of land for the McPherson RoadlHillside Road Intersection Reconstruction Project, these being: (1) A 50-square foot parcel of land out of Lot 1, Block 1, Samlon Joint Venture Subdivision, Phase I, as recorded in Volume 09, Page 32, Plat Records, Webb County, Texas, and described by Metes and Bounds and Survey attached as Exhibits A and B,

(2) A 199-square foot parcel of land out of Lot 1, Block 1, McPherson Plaza, as recorded in Volume 03, Page 30-A, Plat Records, Webb County, Texas, and described by Metes and Bounds and Survey attached as Exhibits C and D,

(3) A 312-square foot parcel of land out of Lot 78, Block 2, North Creek Subdivision, as recorded in Volume 03, Page 29-A, Plat Records, Webb County, Texas, and described by Metes and Bounds and Survey attached as Exhibits E and F; and authorizing staff to negotiate for the acquisition of said parcels by purchase at market values to be established by a State Certified Real Estate Appraiser, and further authorizing the City Attorney to initiate condemnation proceedings to acquire said parcels if staff is unable to acquire through negotiations due to inability to agree to a purchase price, conflict of ownership, owner refusal to sell, and1 or inability to locate the listed owner(s).

24. 2005-R-103 Expressing the concern of City Council and urging the Federal Governments of the United States and of Mexico to bring their resources and attention to bear in a concerted effort to intensify their current efforts to obtain the safe return of all American Citizens, some of whom are from Laredo, to their parents and families. 25. 2005-R-104 Accepting a grant in the amount of $40,000.00 from the Texas Department of Transportation for the Comprehensive STEP program. The City of Laredo will be contributing a cash match in the amount of $10,537.00 for a total grant amount of $50,537.00. This grant is for overtime and fringe benefits for the Laredo Police Department.

26. 2005-R-105 A resolution of the City of Laredo Council to nominate a candidate for the Webb County Appraisal District Board of Directors and to cast 846 votes for City Council Member Hector 'Tito' Garcia, as the city of Laredo's member to Webb County Appraisal District Board of Directors for the 2006 - 2007 term as per Section 6.03 of the Texas Property Tax Code. The remaining 228 votes will be cast in favor of the candidate for the Laredo Independent School District; and directing the Secretary to transmit a certified copy of this resolution to the Chief Appraiser of the Webb County Appraisal District before October 15, 2005.

27. 2005-R-107 Authorizing the City Manager to enter into a contract with the Development Council and accept the grant in the amount of $100,897.00 for the HIVIAIDS Health and Social Services Project of the City of Laredo Health Department, for the period beginning September 1, 2005, through August 31, 2006. The City Manager is also authorized to accept additional funds from the South Texas Development Council in support of the activities funded by these grants.

X. MOTIONS

28. Authorizing the City Manager to accept agreed upon terms by Laredo Police Officers Association and the City of Laredo on September 20, 2005 in the estimated amount of $90,765.00. Said amount is derived from the sale of Association Business Leave hours valued at $ 52,370.00 and Serious Illness Leave Hours with an estimated valued of $ 38,395.00. This transaction is to be retroactive, effective as of September 30, 2005.

29. Consideration to authorize the City Manager to negotiate a contract for the procurement and implementation of a new 800 MHz trunking radio communication system. A Request for Proposal (RFP) was prepared to incorporate the City's radio requirements and permit competitive and compliant proposals from the major radio vendors. This system will replace the existing radio communication systems for the public safety and public service departments. Two (2) vendors responded to the City request for proposal.

30. Consideration for approval to award a construction contract to the lowest qualified bidder Summit Contracting, Ltd., Laredo, Texas, in the bid amount of $687,767.80 for the Laredo International Bridge II Widening. Funding is available in the Bridge Revenue Bond 2005A. 31. Consideration for approval of the selection of consultant Sepulveda Associates Architects, Inc., Laredo, Texas, for remodeling of the Immunization Clinic and installation of new elevators at the City of Laredo Health Department and authorization to negotiate a professional services contract. Funding is available in the 2005 CO Account.

32. Consideration to exercise the renewal option for contract FY05-060, awarded to the sole bidder, Rob-K Concrete, Laredo, Texas, for the purchase of rebar and wire mesh for a six (6) month period. This contract establishes pricing for these materials used for construction or repair projects scheduled during the next six (6) months. All materials will be purchased on an as needed basis. Funding is available in the Public Works Budget and the Capital Improvement.

33. Consideration for approval of Change Order No. 3 an increase of $1,314,051 .OO to the construction contract with Leyendecker Construction, Laredo, Texas, for the City of Laredo Bridge of Americas Modification Project (EL Portal) to expand the area on Building E by 18,800 square feet. Funding is available in the Bridge Revenue Bond 2005A.

34. Consideration to authorize the City Manager to enter into contract negotiations with general contractor LEH Contractors, Inc., San Antonio, Texas, based on the best value proposal received for Los Obispos Unit-5, Remediation Project, Phase Ill. Only one (1) proposal was received. Funding is available in the Capital lmprovements Fund - Los Obispos Housing Project.

35. Consideration for approval of Change Order No.1 an increase of $17,290.00 to the construction contract with LEH Contractors, Inc., San Antonio, Texas, for the Los Obispos Phase I Project for additional quantities in the contract for all thirteen (13) units. Funding is available in the Capital lmprovements Fund - Los Obispos Housing Project.

36. Consideration to authorize the City Manager to sell surplus refuse equipment to El Cenizo, and to our Sister Cities of Acambaro, Guanajuato and Montemorelos, Nuevo Leon.

37. Consideration for approval of the selection of consultant Harry Jewett Associates. Laredo. Texas. for the Flecha Lane Drainaae lmorovements and authorization td negotiate a professional services cot&-act.' Funding is available in the 2005 CO Bond.

38. Consideration for approval of the selection of consultant Crane Engineering Corporation, Laredo, Texas, for the Maryland Taylor Drainage lmprovements and authorization to negotiate a professional services contract. Funding is available in the 2005 CO Bond. 39. Authorizing the City Manager to enter into a contract with Catholic Social Services of Laredo, Inc. (CSSL) in the amount of $45,135.00 to administer the City's Fiscal Year 2005-2006 General Fund Welfare Assistance Program through which rental, utility, transportation, and health care assistance is provided to indigent individuals and families residing in the community. The contract would cover expenditures for the period of October I,2005 to September 30, 2006. Up to $40,622.00 of the General Welfare Funds would be designated for the assistance of indigent individuals and families of low income while $4,513.00 (approx. 10%) would be allocated to cover administrative expenses to include: overhead, wages, and office supply costs incurred by Catholic Social Services of Laredo, Inc.

40. Authorizing the City Manager to amend the 2001 Home Investment Partnership Program, Community Housing Development Organization (CHDO) Funds Contract with Metro Affordable Housing Corp. (METRO) by changing the type of housing construction from transitional to permanent housing. This will allow Metro to construct 48 affordable housing units.

41. Authorizing the City Manager resume the use of the City's original trademark logo "Laredo, Gateway to Mexico" for the Laredo Convention & Visitors Bureau Marketing Campaign.

42. Approval of selection of consultants Severn Trent Laboratories, Inc., Corpus Christi, Texas, and authorization to negotiate a professional services contract to provide analytical services on stormwater samples in accordance to EPA approved standard methods. Funding is available in the Environmental Services Department.

43. Consideration to rescind the contract awarded to Link2Gov on July 6, 2003 for an internet and interactive voice response customer service system; and authorizing the City Manager to solicit new proposals for providing a system for accepting secure internet payments for City's Utilities, Tax and Parking operations. The City was unable to finalize the contract award with Link2Gov due to programming issues relating to procedures required to interface with the City's Sungard H.T.E. governmental software system.

44. Authorizing the City Manager to execute a contract in the amount of $473,000.00 with the Laredo Development Foundation to promote economic development activities/projects. The Laredo Development Foundation's mission is to create jobs, attract industry, and enhance local business, which they do through the Industrial Attraction Division, Small Business Development DivisionlCenter, and the Special Projects Division. Funding is available in the General Fund and Bridge Fund.

45. Awarding a third party contract to Laredo Veteran's Coalition for Fiscal Year 2005 - 2006 in the amount of $30,000.00 to provide health and social services to veterans; and authorizing the City Manager to sign and implement the contract. Funding is available in the General Fund.

46. Consideration to ratify the emergency purchase of 1,008 military type cots from Reyes Industries, Inc., San Antonio, Texas in the amount of $59,196.00. The cots were purchased for the various shelters housing Hurricane Rita evacuees. The City will submit for reimbursement for all expenses related to the Hurricane Rita relief effort from the Federal Emergency Management Agency (FEMA).

47. Authorizing the City Manager to allocate an additional $25,000.00 to pay for legal services related to the existing retainer agreement with the Law Offices of William M. Mckamie, P.C., for the lawsuit styled Carlos Blanco, Jr. and Maria Gloria Gonzalez . the City of Laredo, Cause No. 2004-CVQ- 000760-D2, in the District Court II lth Judicial District, Webb County.

48. Consideration to authorize the purchase and installation of baseball field sports lighting systems for two (2) baseball fields, one (1) at Dryden Park and one (1) at Father McNaboe Park from Musco Lighting, through the Texas Local Government Purchasing Cooperative (Buy Board) contract pricing in the total amount of $240,650.00. Funding is available in the 30" Action Year - 2005 Community Development Block Grants Fund for Dryden Park Improvements, in the Parks Capital Grants Fund and the 2005 C.O. for Father McNaboe Park.

49. Extending the existence of the Traffic Calming Ad Hoc Committee to April 30, 2006 as requested by the Committee in order to continue addressing traffic calming issues especially as it pertains to introducing different traffic calming device alternatives for existing residential subdivisions.

50. Authorization to select and negotiate a contract with an engineering firm as announced at the City Council meeting to design the TAMlU 2.0 Million Gallon Elevated Storage Tank, and prepare construction plans and specifications. Funding is available in the 2005 Water Bond Issuance.

51. Authorization to select and negotiate a contract with an engineering firm as announced at the City Council meeting to design and prepare construction plans and specifications for the 2005 - Pump Improvements to the Mary Help of Christian (MOHAC) Booster Station, including the installation and modification of the booster station facility to implement a separate 41h pressure zone pumping system to connect to the proposed 18 inch water transmission line feeding the proposed TAMlU Elevated Storage Tank. Funding is available in the 2004 Water Bond Issuance.

52. Authorization to select and negotiate a contract with an engineering firm as announced at the City Council meeting to design and prepare construction plans and specifications for the 18 lnch Water Transmission Line from McPherson Road to the proposed TAMlU Elevated Storage Tank, and provide a recommendation for an alignment with easement descriptions. This project consists of extending approximately 5,000 feet of 18 inch water line. Funding is available in the 2004 Water Bond Issuance.

53. Authorization to select and negotiate a contract with an engineering firm as announced at the City Council meeting to design and prepare construction plans and specifications for the water and wastewater utilities relocation on FM 1472 Railroad Grade Separation due to Texas Department of Transportation Improvements. Funding is available in the 2000 Water Bond Issuance.

54. Authorization to select and negotiate a contract with an engineering firm as announced at the City Council meeting to design and prepare construction plans and specifications for the 18 lnch Water Transmission Line form MOHAC Booster Station to McPherson Rd. and to the North Elevated Storage Tank, and provide a recommendation for an alignment with easement descriptions. This project consists of extending approximately 4,000 feet of 18~inchwater line. Funding is available in the2004 water Bond Issuance.

55. Consideration to award contract number FY05-123 to the low bidders, Montemayor Construction, Laredo, Texas, in the estimated annual amount of $54,250.00 for asphalt repairs and J. Solis Maintenance & Welding Service, Laredo, Texas, in the estimated annual amount of $58,750.00 for concrete repairs. These services are needed after the Utilities Department personnel have repaired water line breaks. Funding is available in the Utilities Department Fund.

56. Consideration to award contract number FY06-003 to the sole-bidder, Delta House Electric, Freer, Texas, in the estimated annual amount of $100,000.00 for providing electric motor repair service for the Utilities Department. All repair work will be secured on an as needed basis. Funding is available in the Utilities Department Fund.

XI. STAFF REPORTS

57. A. Staff report by Laredo Convention & Visitors Bureau Director, Patricia Taylor, regarding the 2005-2006 CVB Marketing & Media Plan. B. Staff Report by the 800 MHz Radio Communication Evaluation Committee regarding the proposed recommendation to negotiate a contact for the procurement and implementation of a city wide radio communication system. XII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

58. A. Request by Council Member John C. Galo 1. Status report on the proposed Municipal Golf Course, with possible action.

B. Request by Council Member Juan Ramirez 1. Discussion with possible action regarding the City of Laredo's Employee Prescription Drug Plan provided by Blue CrossIBlue Shield. (Co-sponsored by Council Member John C. Galo) 2. Discussion with possible action regarding the initiation of a Request for Proposals for the construction of a water park. 3. Discussion with possible action regarding non-operational street lights located by the Civic Center and in Downtown, specifically the 300 Block of Convent, the 300 block of Flores, and at the intersection of Zaragoza and Convent.

XIII. EXECUTIVE SESSION

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

59. Request for Executive Session pursuant to Texas Government Code Section 551.072 in regards to deliberation of the purchase, exchange, lease, or value of real property, along the upper for purposes of drainage improvements; because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person; and return to open session for possible action.

XIV. 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, September 28,2005 at 7:30 p.m.

Gustavo Guevara, Jr. City Secretary COUNCIL COMMUNICATION

Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional 10/03/05 Use Permit for a nationalization of vehicles enterprise on Lots 8-12, Block 808, Western Division, located at 3019 San Bernardo Avenue; providing for publication and effective

date. The Planning and Zoning Commission recommended approval.. of the proposed Con- I ditional Use permit. ZC-57-2005 Initiated by: I Staff source: Flores Partnership Keith Selman, Planning Director Cynthia Collazo, Deputy City Manager Prior action: None. BACKGROUND Council District: VIII -Juan Ramirez I Proposed use: Nationalization of vehicles I Site: The site is currently Paseo de Las Flores Mall I WarningsICitations: Citation issued on 7/1/05 for operating a nationalization of vehicles business out of a B-3 zone.

Surrounding land uses: The land north of the site includes El Cortez Motel and Auto Zone. East of the site is Interstate 35. South of the site is a single-family residence, race cars, El Dorado Amy Store, Dr. Benz Import Auto Service, Paz Auto Parts, Lazo's Imports, Mario's Pottery and Imports, Taco's Ravi, Yamaha, Laredo Mexican Imports, Los Chiles Imports and Adela's Styling Salon. West of the site includes Mars Used Furniture, Farias Wholesale Florist, Buena Vista Imports, Jobaleca Mexican Furniture, Sunshine Laundromat, Jalisco's Imports, Frontier, Laredo Rock Shop, Castaneda Bail Bonds, single-family residences and apartments. 1 Comprehensive Plan: The Future Land Use Map recognizes this area as RetailiOffice. I Transportation Plan: The Long Range Thoroughfare Plan identifies San Bernardo Avenue as a Ma- jor Collector.

Letters sent to surrounding property owners: 16 In Favor: 0 Opposed: 2 STAFF COMMENTS

Staff supports the issuance of the proposed Conditional Use Permit. A nationalization of vehicles busi- ness requires a B-4 zoning district rather than the current B-3 district. However, a B-4 district is unwar- ranted at this location due to a current developing trend of retail and import products of the surrounding area. A Conditional Use Permit would permit the proposed use without altering the character of sur- rounding area or impairing the surrounding properties. Staff recommends the following conditions:

Staff comments continued . . ..

P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 7 to 0 vote, recommended Staff supports the proposed conditional use approval of the conditional use permit. permit. COUNCIL COMMUNICATION

STAFF COMMENTS (continued)

1. Provide twenty-four (24) parking spaces in compliance with the Laredo Land Development Code at all times. 2. The Conditional Use Permit shall be issued to Flares Partnership and is nontransferable. 3. Plant and maintain sixteen (16) trees and sixty-four (64) shrubs in compliance with the Laredo Land Development Code. 4. Signage shall be limited to that which is allowed in a B-3 district. 5. The Conditional Use Permit is restricted to the site plan, Exhibit "A", which is made part hereof for all purposes. Legend Zoning

City of Laredo Zoning Map 1 inch equals 400 fe ORDINANCE NO. 2005-0-

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR A NATIONALIZATION OF VEHICLES ENTERPRISE ON LOTS 8-12, BLOCK 808, WESTERN DIVISION, LOCATED AT 3019 SAN BERNARD0 AVENUE; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a request has been received for the issuance of a Conditional Use Permit for a nationalization of vehicles enterprise on Lots 8-12, Block 808, Western Division, located at 3019 San Bernardo Avenue; and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on September 1,2005; 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 October 3,2005, on the re- quest and finds the Conditional Use Permit amendment appropriate and consistent with the General Plan of the City of Laredo; and,

WHEREAS, all conditions imposed by the Conditional Use Permit, and all pertinent requirements the Laredo Land Development Code shall be met before the activity sanctioned by the Conditional Use Permit may commence; and,

WHEREAS, the City Council does not consider the impact, if any, of private covenants and deed restrictions on the subject property with the adoption of this ordinance; and,

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

Section 1: The Zoning Map of the City of Laredo be and is hereby amended by author- izing the issuance of a Conditional Use Permit for a nationalization of vehicles enterprise on Lots 8-12, Block 808, Western Division, located at 3019 San Bernardo Avenue.

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

1. Provide twenty-four (24) parking spaces in compliance with the Laredo Land Develop- ment Code at all times. 2. The Conditional Use Permit shall be issued to Flores Partnership and is nontransferable. 3. Plant and maintain sixteen (16) trees and sixty-four (64) shmbs in compliance with the Laredo Land Development Code. 4. Signage shall be limited to that which is allowed in a B-3 district. 5. The Conditional Use Permit is restricted to the site plan, Exhibit "A", which is made part hereof for all purposes.

Section 3: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.

Section 4: This ordinance shall become effective as and from the date of publication specified in Section 3.

Section 5: The Conditional Use Permit authorized by this ordinance shall be revoked pursuant to the Laredo Land Development Code, section 24.94.10, entitled "Revocation," ac- cording to the criteria and procedures described therein and below:

1. Criteria

Any Conditional Use Permit, authorized by City Council, shall be considered in noncompli- ance and shall be revoked and removed from the City of Laredo Zoning Map, in the event a court of law finds the use in violation of any of the following conditions:

A. The use established on site does not conform, at any time, with any or all permit condition(s) approved by the City Council and or any local, state, or federal law. B. The activity authorized by the Conditional Use Permit commences prior to the in- stitution of all conditions imposed by the Conditional Use Permit. C. Discontinuance of the Council approved conditional use for a period of six (6) con- secutive months. D. The use of which the Conditional Use Permit was authorized does not commence within six months of City Council's final approval date.

2. Procedures

Should City of Laredo Enforcement Official inspection reveal noncompliance with Laredo Land Development Code, Subsection 24.94.10, Conditional Use Permit revocation procedures shall commence as below stipulated:

A. A Zoning Officer shall, upon discovery of conditional use permit noncompliance as per Subsection 24.94.10, issue a written warning, granting a grace period of a minimum of ten (10) working days, within which time the use may be brought into compliance with the current City Council approved Conditional Use Permit for that location. B. If noncompliance persists after the conclusion of the warning grace period, a Zon- ing Enforcement Official shall issue a written citation. C. Should the citation result in a guilty verdict, the City of Laredo shall consider the Conditional Use Permit revoked and proceed with its removal from the City of Laredo Zoning Map. D. The Planning Director shall then issue the permit holder written notification of the Conditional Use Permit's official revocation and removal from the City of Laredo Zoning Map. E. In the event of discontinuance or failure to commence as stipulated in Subsection 24.94.10.1 D and E of this Ordinance, Zoning Enforcement Staff will issue written notification of same. Ten days after issuance of Zoning Enforcement notification of discontinuance or failure to commence, the Planning Director shall then issue the permit holder written notification of the Conditional Use Permit's official revoca- tion and removal from the City of Laredo Zoning Map. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY Sep 13 05 04:36p Cit3 oflaredo-Flannlng 19561 794-1624

COUNCIL COMMUNICATION

DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE

Authorizing the City Manager's acceptance of a grant fiom the U.S. Environmental Protection Agency (EPA) in the amount of $87,750.00 with $29,250.00 in matching funds for a total of $1 17,000.00 and amending the City of Laredo's FY 2005-2006 Annual Budget for the NPDES Fund by appropriating the said grant revenue to the appropriate expenditure accounts. The grant funds will be used for the Chacon Creek Stream Restoration Project, Phase-2. I INITIATED BY: I STAFF SOURCE: Larry Dovalina Riazul Mia, P.E., Director City Manager Environmental Services Department I PREVIOUS COUNCIL ACTION: On June 27, 2005, the City Council authorized (Resolution No 2005-R-058) the City Manager to submit the grant application to the EPA. BACKGROUND: ! Through the Clean Water Act 104(b)(3), 33USC 1254(b)(3), the United States Environmental Protection Agency, Region-6, solicited proposals For the wetland protection program. The Wetland Grant Program can be utilized to fund Project Implementation, Education/Outreach andlor Partnership Restoration Projects. This grant will provide funding of all three functions for Chacon Creek Restoration. There are two project sites covered by this grant along Chacon Creek. Site 1 (27.95 acres) is the upper portion of the project area, which lies along Chacon Creek from Highway 359 downstream to Highway 83. Site 2 is the lower portion of the project area and includes a short stretch of the stream immediately upstream from the Rio Grande (9.97 acres) Activities include the removal of exotic vegetation and man-made debris, restoration of native trees, shrubs, grasses and forbs, control erosion and stabilize the bank along a limited, problem area on lower Chacon Creek. The City hopes to accomplish the following key objectives through this grant: 1. Control erosion and stabilize the bank along a limited, problem area on lower Chacon Creek (Site 2) 2. Increase the wildlife habitat value of the project area through the removal ofnon-native or invasive plant species and subsequent replacement with highly desirable native species (Site 1). 3. Provide training in riparian ecology and management to City staff other regional entities. 4. Conduct outreach to the citizens of Laredo via development of a website that will educate people about Chacon Creek. Matching Funds are available in the NPDES Fund.

FINANCIAL IMPACT: Amended Amended Revenues Account No. Budzet IncriDec Budget EPA 249-0000-322-6015 0 87.750 87,750 Total 87,750

Amended Expenditures Park and Playground 249-3859-542-0920 0 63,200 63,200 Consultant Fee 249-3859-543-5526 0 53,800 53,800 Reserve Appropriation 249-3840-544-9900 150,000 120,750 Total 87,750 RECOMMENDATION: STAFF RECOMMENDATION: Introduction of the ordinance. ORDINANCE

AUTHORIZINGTHE CITYIV~ANAGER'S ACCEPTANCE OF A GRANT FROM THE U.S. ENVIRONMENTAL PROTECTIONAGENCY (EPA) IN THE AMOUNT OF $87,750.00 WITH $29,250.00 IN MATCHING FUNDS FOR A TOTAL OF $11 7,000.00 AND AMENDING THE CmOF LAREDO'SFY 2005-2006 ANNUALBUDGET FOR THE NPDES FUNDBY APPROPRIATMG THE SAID GRANT REV EN^ TO THE APPROPRIATE EXPENDITURE ACCOUNTS. THEGRANT FUNDS WILL BE USED FOR THE CHACONCREEK STREAM RESTORATION PROJECT, PHASE-2.

WHEREAS,the United States Environmental Protection Agency's Wetland Program Grant provides for funding of Wetland restoration & protection: and,

WHEREAS,the City of Laredo's Environmental Services Department has been awarded a grant to implement the Chacon Creek Restoration Project, Phase-2; and,

WHEREAS,the United States Environmental Protection Agency approved the grant, and thus the city is required to participate with local funds in the amount of $29,250,00.

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

Section 1: Authorizing the City Manager's acceptance of a grant from the U.S. Environmental Protection Agency (EPA) in the amount of $87,750.00 with $29,250.00 in matching funds for a total of $1 17,000.00.

Section 2: Amending the City of Laredo's FY 2005-2006 Annual Budget for the NPDES Fund by increasing the budget in the amount of $87,750.00.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2004.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR CITY SECRETARY APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY

BY: VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION

appropriating revenues and expenditures in the estimated amount of $1,400,000 respectively. The revenues are from lease purchase proceeds related to financing of

006 Budget approved and adopted by City Council on September 19,2005.

the mobile and portable radio requirements for all City Departments. The estimated project cost is

Annual Amended

FY 2006 Amendment FY 2006 Communication

Lease Purchase

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:

Conduct Public Hearing and Introduce this Ordinance ORDINANCE 2005-0--

AMENDING THE CITY OF LAREDO FY 2005-2006 COMMUNICATION SYSTEM FUND BUDGET BY APPROPRIATING REVENUES AND EXPENDITURES IN THE ESTIMATED AMOUNT OF $1,400,000 RESPECTIVELY. THE REVENUES ARE FROM LEASE PURCHASE PROCEEDS RELATED TO FINANCING OF NECESSARY EQUIPMENT FOR THE 800 MHz RADIO COMMUNICATION PROJECT.

WHEREAS, on September 19,2005, City Council adopted the fiscal year 2006 annual budget: and WHEREAS, on October 3,2005, City Council held a public hearing and introduced this ordinance; and WHEREAS, in order to provide the funding necessary to complete the Communications System project a portion of the equipment will be finance thru a lease purchase agreement, the following budget amendment is hereby proposed.

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

Section 1: Health and Benefits Fund is hereby amended as follows:

Annual Amended Budget Proposed Budget FY 2006 Amendment FY 2006 Communication System Fund

Lease Purchase Proceeds - 1,400,000 1,400,000

Machinery & Equipment 1,200,000 1,400,000 2,600,000

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2005

ELIZABETH G. FLORES, MAYOR

ATTEST: APPROVED AS TO FORM:

GUSTAVO GUEVARA, JR., JAIME L. FLORES CITY SECRETARY CITY ATTORNEY COUNCIL COMMUNICATION

DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE October 3.2005 AUTHORIZING THE CITY MANAGER TO AMEND THE FY 2005-2006 250' ANNIVERSARY CELEBRATION BUDGET TO APPROPRIATE FUN[ BALANCE IN THE AMOUNT OF $25,230.00 FOR A TOTAL BUDGET 01 $59,665.00 FOR SCHEDULED 250th ANNIVERSARY CELEBRATIOE EVENTS.

I INITIATED BY: STAFF SOURCE: Cynthia Collazo, Deputy City Manager Eddie Zavala, 250~Anniversary Celebration Coordinator PREVIOUS COUNCIL ACTION: No previous council action

BACKGROUND:

These funds remained in the FY 2004-2005 250th Anniversary Celebration budget and will be appropriated in the FY 2005-2006 250" Anniversary Celebration Budget to continue with proposed celebration events. The funds were generated by the sale of promotional items, and entrance, registration, and sponsorship feelcontributions from the 7 Flags - 7 Cultures Festival.

FINANCIAL IMPACT: The 250thAnniversary Celebration Budget will be amended as follows:

Annual Budget Proposed Amended FY 05-06 Amendment Budget

Expenditures: 250~Anniversary Celebration $34,435.00 $25,230.00 $59,665.00

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NI A Staff recommends that the Public Hearing be held and the Ordinance be introduced. INTRODUCTORY ORDINANCE

AUTHORIZING THE CITY MANAGER TO AMEND THE FY 2005-2006 250'~ANNIVERSARY CELEBRATION BUDGET TO APPROPRIATE FUND BALANCE IN THE AMOUNT OF $25,230.00 FOR A TOTAL BUDGET OF $59,665.00 FOR SCHEDULED 250th ANNIVERSARY CELEBRATION EVENTS.

WHEREAS, the City of Laredo celebrated its 250" Anniversary Celebration with several events throughout the year; and

WHEREAS, the community's response to these events has been overwhelming; and

WHEREAS, more than $40,000.00 were collected in sponsorships; and

WHEREAS, a balance of $59,665.00 remained in the FY 2004-2005 Budget; and

WHEREAS, the City Council finds that the proposed 250~Anniversary Celebration events will continue to benefit the community;

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

1. The City Manager amend the FY 2005-2006 250" Anniversary Celebration Budget as follows:

Annual Budget Proposed Amended FY 05-06 Amendment Budget

Expenditures: 250" Anniversary Celebration $34,435.00 $25,230.00 $59,665.00

2. This Ordinance shall become effective upon the passage thereof.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF LAREDO on this the day of ,2005.

ELIZABETH G. FLORES Mayor GUSTAVO GUEVARA City Secretary

APPROVED AS TO FORM:

JAIME L. FLORES City Attorney

By:

Assistant City Attorney COUNCIL COMMUNICATION

DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE 10/03/05 Amending the City of Laredo 2005-2006 Annual Budget for the Communication System Fund in the amount of $1,159,758. The City of Laredo will be utilizing these funds for the purchase of equipment for the City of Laredo's proposed 800 MHz trunking radio communication system project. Funding is available as a transfer-in from various City departments.

INITIATED BY: STAFF SOURCE: Larry Dovalina, Rosario C. Cabello, Director of Financial Services City Manager

PREVIOUS COUNCIL ACTION: City Council authorized acceptance of a grant from the State of Texas, Office of the Governor, Criminal Justice Division for the purchase of equipment for the City of Laredo's proposed 800 MHz tmnking radio communication system project on August 15,2005.

BACKGROUND: The City of Laredo is currently undergoing the purchase of an 800 MHz trunking radio communication system for all City of Laredo department users. These funds will be directly used toward the purchase of equipment needed to implement such system. The RFP process is underway and an award of contract is expected in October 2005.

FINANCIAL IMPACT:

Revenues:

Transfers-In: Annual Budget Amendment Amended Budget

Bridge 0 220,655 220,655 Solid Waste 0 141,305 141.305 Airport Police 0 29,000 29,000 Airport Operations 0 50,000 50,000 Environmental 0 50,000 50,000 Utilities Dept. 0 185,000 185,000 CD 0 16,665 16,665 LMHC 0 16.000 16,000 Transit 0 359.000 359,000 Parking 0 38,000 38.000 Fleet 0 48,000 48.000 Risk 0 6,133 6,133

Total Revenues 0 3,159,758 1.1 59.758 P Expenses:

Equipment 0 1,159,758 1,159,758

Total Expenses 0 1,159,758 1,I 59,758

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:

NIA Hold Public Hearing and Introduce Ordinance Ordinance #2005-0-

Amending the City of Laredo 2005-2006 Annual Budget for the Communication System Fund in the amount of $1,159,758. The City of Laredo will be utilizing these funds for the purchase of equipment for the City of Laredo's proposed 800 MHz trunking radio communication system project. Funding is available as a transfer-in from various City departments.

Whereas, on August 15,2005, City Council authorized acceptance of a grant from the State of Texas, Office of the Governor, Criminal Justice Division for the purchase of equipment for the City of Laredo's proposed 800 MHz trunking radio communication system project; and

Whereas, the City of Laredo has allocated $1,159,758 in the 2005-2006 Annual Budget for the purchase of the 800 MHz trunking radio communication radio system; and

Whereas, the City of Laredo is currently undergoing the purchase of an 800 MHz trunking radio communication system for all departments; and

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

Section 1: Amending the City of Laredo 2005-2006 Annual Budget for the Communication System Fund in the amount of $1,159,758. The City of Laredo will be utilizing these funds for the purchase of equipment for the City of Laredo's proposed 800 MHz hunking radio communication system project. Funding is available as a transfer-in from various City departments.

Revenues:

Transfers-In: Annual Budget Amendment Amended Budget

Bridge Solid Waste Airport Police Airport Operations Environmental Utilities Dept. CD LMHC Transit Parking Fleet Risk

Total Revenues

Expenses:

Equipment 0 1,159,758 1,I 59.758

Total Expenses PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE Amending the City of Laredo FY 2005-2006 annual budget by appropriating 10/03/2005 revenues and expenditures in the amount $16,500 in grant funds from the US- Mexico Border Health Commission in coordination with the Health Resources Services Administration (HRSA) for the Border Binational Health Week of the City of Laredo Health Department for the period beginning October 1, 2005, through October 23,2005. INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy City Manager Health Director PREVIOUS COUNCIL ACTION: On September 27, 2004, Council approved Ordinance 2004-0-212 appropriating funds in the amount of $25,000 ($21,000 in grant funds and $4,000 in in-kind) from the USMBHC in coordination with the HRSA for the Border Binational Health Week of the Health Department, period from August 17,2004, thru November 30,2004. BACKGROUND: The US-Mexico Border Health Commission in coordination with the Health Resources Services Administration (HRSA) has contracted with the City of Laredo to provide public health promotion, education and screening services to residents of Laredo, Webb County, and the Nuevo Laredo's Secretaria de Salud through the City of Laredo Health Department.

The City of Laredo Health Department (CLHD) in coordination with the Laredo Health Coalition, the Secretaria de Salud of Nuevo Laredo, Tamaulipas, Mexico, and the outreach offices of the US.-Mexico Border Health Commission will conduct activities for the U.S.- Mexico Border Binational Health Week (Families in Action for Health) scheduled for the week of October 10-16, 2005. All partners will conduct several public health interventions through their programs and enhance some of the activities of the BBHW. In addition the CLHD will continue with its bi-national action plan through Los Dos Laredos Binational Health Council (Cobina), Los Dos Laredos Environmental Health Workgroup, Binational TB Control Program, and the EPA Border 2012 Texas-Tarnaulipas-Coahuila-Nuevo Leon Environmental Health workgroup. As part of our normal bi-national action plan the CLHD will be conducting numerous activities during this week including: 1 Border 2010 Objective Immunization Activities (enhance activities, provide additional education on safety while getting routine immunizations) 2 Border 2010 Objective Diabetes Prevention Activities (provide testing, counseling, and screening) 3 Border 2010 & Border 2012 Objective Environmental Health Activities (evaluation of solid waste, water protection, and chemical exposure) 4 Border 2010 Objective Cancer Prevention (reducing breast cancer mortality by providing screening, breast exams, and lab tests) 5 Border 2010 Objective Access to Health Care ( all above activities will contribute to goal of improving access to health care)

Extra efforts will be focused during that week to advise residents about the many services at the different agencies, programs, and institutions. FINANCIAL: The City of Laredo will receive $16,500 in grant funds fiom the US-Mexico Border Health Commission in coordination with the Health Resources Services Administration (HRSA) for the Border Binational Health Week (BBHW) of the City of Laredo Health Department for the period beginning October 1,2005, through October 23,2005. The revenue account is 226-0000-323-4099 and expenditure division is 226-6098. RECOMMENDATION: STAFF: Recommends that Council introduce the ordinance. BUDGET

. .. .,~.:.,.:., . . . _ I -.&&,~*eqQ~,~$~~;,:gg;;$~i - . :&% gb&R$$?gj$&@E&gTg;$., ....,.., , ,, .. REVENUES GRANT REVENUES $ 16.500 IN-KIND 0 TOTAL REVENUES I 16.500 EXPENSES PERSONNEL $ 0 FRINGE BENEFITS 0 TRAVEL 1,250 EQUIPMENT 0 SUPPLIES 3,000 CONTRACTUAL 1.750 OTHER 10,500 SUB-TOTAL $ 0 IN-KIND 0 ORDINANCE

AMENDING THE CITY OF LAREDO FY 2005-2006 ANNUAL BUDGET BY APPROPRIATING REVENUES AND EXPENDITURES IN THE AMOUNT $16,500 IN GRANT FUNDS FROM THE US-MEXICO BORDER HEALTH COMMISSION IN COORDINATION WITH THE HEALTH RESOURCES SERVICES ADMINISTRATION (HRSA) FOR THE BORDER BINATIONAL HEALTH WEEK OF THE CITY OF LAREDO HEALTH DEPARTMENT FOR THE PERIOD BEGINNING OCTOBER 1, 2005, THROUGH OCTOBER 23,2005.

WHEREAS, the US-Mexico Border Health Commission in coordination with the Health Resources Services Administration (HRSA) has contracted with the City of Laredo to provide public health promotion, education and screening services to residents of Laredo, Webb County, and the Nuevo Laredo's Secretaria de Salud through the City of Laredo Health Department; and

WHEREAS, the City of Laredo Health Department (CLHD) in coordination with the Laredo Health Coalition, the Secretaria de Salud of Nuevo Laredo, Tamaulipas, Mexico, and the outreach offices of the US.-Mexico Border Health Commission will conduct activities for the US.-Mexico Border Binational Health Week (Families in Action for Health) scheduled for the week of October 10-16, 2005. All partners will conduct several public health interventions through their programs and enhance some of the activities of the BBHW. In addition the CLHD will continue with its bi-national action plan through Los Dos Laredos Binational Health Council (Cobina), Los Dos Laredos Environmental Health Workgroup, Binational TB Control Program, and the EPA Border 2012 Texas-Tamaulipas-Coahuila-Nuevo Leon Environmental Health workgroup. As part of our normal bi-national action plan the CLHD will be conducting numerous activities during this week including:

1 Border 2010 Objective Immunization Activities (enhance activities, provide additional education on safety while getting routine immunization) 2 Border 2010 Objective Diabetes Prevention Activities (provide testing, counseling, and screening) 3 Border 2010 & Border 2012 Objective Environmental Health Activities (evaluation of solid waste, water protection, and chemical exposure) 4 Border 2010 Objective Cancer Prevention (reducing breast cancer mortality by providing screening, breast exams, and lab tests) 5 Border 2010 Obiective- Access to Health Care ( all above activities will contribute to goal of improving access to health care)

WHEREAS, the CLHD and the Laredo Health Coalition will make extra efforts to focus during that week to advise residents about the many services at the different agencies, programs, and institutions. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

Section 1: The City Manager is hereby authorized to amend the City of Laredo FY 2005-2006 annual budget by appropriating revenues and expenditures in the amount $16,500 in grant funds from the US-Mexico Border Health Commission in coordination with the Health Resources Services Administration (HRSA) for the Border Binational Health Week of the City of Laredo Health Department for the period beginning October 1, 2005, through October 23,2005.

Section 2: Revenue line item 226-0000-323-4099 is hereby increased by $16,500,

Section 3: Expenditure division 226-6098 is hereby increased by $16,500.

Section 4: The City Manager is hereby authorized to make transfers within the budget to meet the necessary costs to accomplish the scope of work for the project.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR

ON THIS DAY OF ,2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVEDAS TO FORM: COUNCIL COMMUNICATION

DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE AMENDING CHAPTER 15, HEALTH AND SANITATION, ARTICLE VI 10/03/2005 "INDOOR CLEAN AIR", OF THE CODE OF ORDINANCES OF THE CITY OF LAREDO, TEXAS BY AMENDING SECTIONS 15-78 THROUGH 15-81; "SMOKING IN PUBLIC PLACES"; PROVIDING FOR VIOLATIONS, ENFORCEMENT AND PENALTIES OF THE POLICIES IMPLEMENTING THIS CHAPTER; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION.

INITIATED BY: ( STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez Jaime L. Flores Deputy City Manager Health Department Director City Attorney

I PREVIOUS COUNCIL ACTION: On December 20, 2004, Council approved Ordinance No. 2004-0-332 prohibiting smoking in any city owned or leased facility; and deleting section 15-80.

BACKGROUND: The existing ordinance gives the city manager discretion in exempting certain publicly owned or leased facilities from the smoking prohibition in limited instances. It outlines requirements for those designated smoking areas, including signage and separate ventilation systems and prohibits smoking in all City owned or leased facilities and all enclosed public places. No exceptions allowed.

The proposed ordinance prohibits smoking in all public places as defined in the amended Chapter 15: Health and Sanitation, Article VI, No Smoking in Public Places. In addition, it thoroughly describes the requirements for designated smoking areas and proper signage required for city owned or leased facilities and all enclosed public places.

Furthermore, the City of Laredo Health Department received recommendations from the American Cancel Society, Department of State Health Services and American Lung Association. In addition, health and medical data from Centers for Disease Control and Prevention, Environmental Protection Agency, and National Institute of Health have been included in this ordinance.

Finally, the proposed ordinance recommends that failure to comply with the requirements outlined ir section 15-80 will result in suspensions of licenses or permits for the establishment, and fines for violator! as outlined in section 15-81, Chapter 15, Health and Sanitation, Article VI of "Indoor Clean Air" (proposec amended No Smoking in Public Places), of the Code of Ordinances of the City of Laredo, Texas.

FINANCIAL IMPACT:

None.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Recommends that Council introduce the ordinance. ORDINANCE NO. 2&wiMM%

AMENDING CHAPTER 15, HEALTH AND SANITATION, ARTICLE VI "INDOOR CLEAN AIR", OF THE CODE OF ORDINANCES OF THE CITY OF LAREDO, TEXAS BY AMENDING SECTIONS 15-78 THROUGH 15-81; "SMOKING IN PUBLIC PLACES"; PROVIDING FOR VIOLATIONS, ENFORCEMENT AND PENALTIES OF THE POLICIES IMPLEMENTING THIS CHAPTER; PROVIDING SEVERABILITY; AND PROMDING FOR AN EFFECTIVE DATE AND PUBLICATION.

WHEREAS, it is a fact that smoking causes lung cancer as recognized by the Centers for Disease Control and Prevention (CDC), Environmental Protection Agency (EPA), National Institute of Health (NIH), Department of Health and Human Services (DHHS), Health Resources Services Administration (HRSA), American Cancer Society and the tobacco industry; and

WHEREAS. numerous scientific studies have found that tobacco smoke is a maior.. contributor to indoor air pollution, and the U.S. Environmental Protection Agency (EPA) has classified Environmental Tobacco Smoke (ETS) as a Group A carcinogen-. (known to cause cancer in humans), the most toxic of compounds regulated by the EPA and Center for Disease Control and Prevention (CDC); and

WHEREAS, reliable scientific studies, including studies by the Surgeon General ofthe United States and studies commissioned and assessed by the U.S. Environmental Protection Agency and CDC, have shown that breathing sidestream or secondhand smoke is a significant health hazard to nonsmokers, particularly to children, older persons, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive ainvay disease, and that such ETS is a leading cause of premature death and disability among nonsmokers; and

WHEREAS, health hazards induced by exposure to environmental tobacco smoke include lung and other forms of cancer, respiratory infection, decreased respiratory function, decreased exercise tolerance, allergy complications, broncho-constriction and broncho-spasm, and the most common cause of premature death from ETS, heart disease; and

WHEREAS, air pollution caused by smoking is an offensive annoyance and initant, resulting in serious and significant physical discomfort of nonsmokers in public places and work places; and

WHEREAS, the City Council recognizes on the basis of EPA, CDC and Surgeon General reports that ETS is a health hazard to the general public, particularly in confined spaces and finds it in the best interest ofthe health, safety and welfare of citizens and visitors to Laredo, Texas to regulate smoking in public places limiting it to areas specifically designated for smoking; and

WHEREAS, the City Council seeks to balance the interest of smokers against the potential health hazard to non-smokers in a manner that will result in the minimum possible burden on those persons regulated while still meeting its duty to protect the public's health pursuant to this Ordiice.

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

Section 1. Amendment.

Chapter 15, Article VI, Section 15-78 through 15-81 of the Code of Ordinances ofthe City of Laredo is hereby amended as follows:

Chapter 15

HEALTH AND SANITATION

ARTICLE VI. NO SMOKING IN PUBLIC PLACES

See. 15-78 Definitions.

For the purpose of this article the following definitions shall apply:

1. Bar means anv area devoted to the serving of alcoholic beverages for consumvtion bv patrons on the vremises and in which the serving of food is only incidental to the serving of alcoholic beverages. Although a restaurant mav contain a bar. the term "bar" shall not include the dining area.

2. Business means anv sole vroprietorshiv. ioint venture. coworation. or other business entitv formed for profit-making vuwoses. including retail establishments where noods or services are sold as well as vrofessional ofices where legal. medical. dental, enpineering. architectural. or other professional services are delivered.

3. Child Care Facilitv means anv licensed nurserv. dav care center. ore-school. or other facility eneaged in the practice of providing care for children. A vrivate residence is not a child care facility, except during those hours and in those portions of the residence when it is being used as a business for the purpose of providing care for children.

4. Dinine Area means any area containing a counter. booths or tables upon which food is served.

5. Educational Facilitv means anv dav care center. nurserv school, elementaw school, middle school. iunior high school. senior high school. vocational school. special education center. college or universitv.

6. Emaloyee means anv uerson who is emvloved €+e%wde in consideration for monetary compensation or profit. . .. 7. Employer means Y anv person, partnershiv, cornoration, association or other entitv that emplovs one or more persons.

8. Enclosed Area means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorwavs) that extend from floor to ceiling where smoking is not permitted.

9. Health Care Facilitv means anv ofice or institution providing individual care or treatment of diseases. whether vhvsical, mental or emotional. or other medical, phvsiolonical or vsvchological conditions.

10. Food Establishment means anv area which urepares meals or serves food or beverages, regardless of whether or not the establishment provides seating or facilities for on-urernises consum~tion.The term includes. but is not limited to: restaurants, coffee shops. cafeterias. short order cafes. fast food establishments. luncheonettes. lunchrooms, soda fountains. food carts. food vending vehicles. and catering establishments but shall not include any portion of that establishment that constitutes a "bar".

11. Place of Emvlovment means anv enclosed indoor area under the control of the emvlover to which emvlovees have access during- the course of emolovment, including but not limited to work areas. emplovee lounges, emvlovee restrooms. conference rooms. and employee cafeterias: as well as, the doorwavs and a uerimeter area of minimum of fifteen (15) - twentv-five (251 feet within the control of the emvlover. A vrivate residence is not a "place of emplovment" unless it is used as a child care or health care facilitv as defined herein.

12. Public Place means anv enclosed indoor area in which the public is permitted or that mav be used bv the general public and includes but is not limited to banks. stores, offices and other commercial establishments. restaurants. public and vrivate institutions of hipher education. and child care and health care facilities. A private residence is not a "~ublicplace".

13. Restaurant means anv coffee shop. cafeteria, food stand, private and public school cafeteria, and anv other eating establishment that gives or offers for sale food to the public. mests or em~lovees.except that the term "restaurant" shall not include a 'bar" as defined herein.

Page 3 14. Service Line means anv indoor or outdoor line at which one or more persons are waiting for or receivin~service of anv kind, whether or not such service involves the exchange of money.

15. Smoke or Smokine means the carrying or holding of a lighted vive. cigar or cigarette. or any other lighted smoking eauivment or device. and the lighting of, emitting or exhaling the smoke of a pine. cigar or cigarette of anv kind.

16. Saorts Arena means anv enclosed or unenclosed sports pavilion. mnnasium. health spa, swimming pool. roller or ice rink. bowling allev. boxing arena. tennis courts. and anv other similar public place where members of the general public assemble either to engage in physical exercise, particivate in athletic comvetition, or witness sports events. including but not limited to the following vollevball. gvmnastics. handball. weiehtliftina. martial arts related sports. rodeo or track and field names.

17. Tobacco Saecialty Retail Shoa means anv free standing retail store utilized vrimarilv for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

See. 15-79. NO SMOKING IN PUBLIC PLACES

A. Smoking Prohibited

Excevt as otherwise provided in Sec. 15-80, regarding areas s~ecificallvdesignated for smoking. there shall be no smoking in public nlaces. including but not limited to the following: immy

--1. All citv facilities. enclosed or unenclosed including but not limited to buildings. ~arksand svorts facilities, airvort, bridges. volice stations and sub-stations. fire stations. civic center facilities, libraries. clinics, and municival court: (As stated in Ord. 2004-0-332. 2004).

2. Public forms of transportation, including. but not limited to, buses. vans and taxicabs,

3. Retail stores or service establishments;

4. Public rest rooms;

5. Service lines;

6. Public areas of malls. galleries. libraries and museums when open to the vublic;

7. Theaters; 8. Sports arenas and convention halls,

9. Polling places;

10. Child care facilities,

11. Every room. chamber. place of meeting or public assembly. including school buildings under the control of any board. council. commission. committee including ioint committees, or agencies of the Citv of Laredo or any political subdivision of the State during such time as a vublic meeting is in progress. to the extent such place is subject to the iurisdiction of the Citv;

12. Waiting rooms, hallwavs. wards and rooms of health care facilities, including. but not limited to: hospitals. clinics. physical theravv. mental health. and drug and alcohol treatment facilities, and doctors' and dentists' offices;

13. Lobbies. hallwavs. and other common areas in apartment buildings. condominiums. senior citizen residences. nursing homes. and other multiple-unit residential facilities;

14. Lobbies. hallwavs, and other common areas in multiple-unit commercial buildinps or facilities.

15. Any school or educational institution operated bv a business or nonprofit entity for the purpose of providing academic classroom instruction, trade, craft. computer or other technical training. or instruction in dancing. artistic. musical or other cultural activities;

16. Elevators;

17. Restaurants:

18. Places of emplovment;

19. Bars;

B. Smoking Allowed

Notwithstanding anv other provisions of this Ordinance to the contrary. the following areas shall not be subiect to the smoking restrictions of this Ordinance:

1. Private Residences. except when used as child care or health care facilities;

2. Outdoor Places of Emplovment that are at least fifteen (15) - twenty-five (25) feet from

Page 5 the entrv to the enclosed establishment of emplovment;

3. Tobacco Specialty Retail Stores that are free standing (see Sec. 15-78 #17L

4. Public streets and sidewalks;

5. Hotel. motel and all other public and vrivate conference and meeting rooms while these places are being used exclusivelv for private functions. and

6. A maximum of twentv-five (25) percent of hotel and motel rooms. Provided. however, that each hotel and motel shall designate not less than seventv-five (75) percent of their hotel or motel rooms as non-smoking rooms. The hotel or motel rooms designated as non-smoking rooms must have signs posted indicatin~that smoking is prohibited in such rooms and ashtravs removed.

Sec.15-80. Designation of Smoking Area

A. General Criteria for Designated Smoking Area

The owner. manager or anv person who operates or otherwise controls the use of any pz smoking is vrohibited and will use international svmbols which are clearlv visible to patrons in or entering the premises constituting a public place as defined in this article.-

->- ->- v,Anv such designated smoking area-, shall comvlv with definitions Sec. 15-78 and Smoking In Public Places Sec. 15-79 and meet the following criteria:

1. All ashtravs and other smoking varavhemalia shall be limited in facilities to that required for the enforcement of extinmishine. of smoking materials in vublic places.

2. If outside. the smoking area must be an area fifteen (15) - twentv-five (25) feet ftom the entrance to facilities and establishments.

B. Required Signs.

1. Consvicuouslv "Smoking is Prohibited" signs shall have bold lettering of not less than one inch in height. The international '?To Smoking" svrnbol should also be used (consisting of a pictorial revresentation of a burning. cigarette enclosed in a red circle with a red bar across it).

2. Failure to maintain av~ropriatesigns as required herein shall result in an offense punishable bv a fine of not less than FiRy ($50.00) Dollars and no more than Two Hundred ($200.00.) Dollars. Each dav that a violation continues shall constitute a separate offense. 15-81. Penalty; Violations. Enforcement and Penalties.

A. Notice of the provisions of this Ordinance shall be given to all aavlicants for a business license in the citv.

B. Anv citizen who desires to register a complaint under this Ordinance mav do so by filing a complaint with the Citv Manager. the Health Department Director of the City of Laredo, Texas. or their designee.

C. Any owner. manager. ooerator or emplo~erof anv establishment affected bv this Ordinance shall. uaon either observine; or being advised of a violation of this Ordinance. have the obligation to inform the violator of the appropriate requirements of this law and then reauire immediate compliance.

D. Enforcement of this Ordinance shall be implemented bv the Citv Manager and the Health Director of the Citv of Laredo, Texas. or their designee such as: Fire Deaartment, Code Enforcement Department. Plannine, and Zoning/Building Department and Law Enforcement.

E. Citv of Laredo Health Department. Fire Department. Code Enforcement Department. Planning and ZonindEIuilding Department and Law Enforcement shall while an establishment is undergoing otherwise mandated insaections. inspect for compliance of this Ordinance.

F. It shall be unlawfLl for anv aroprietor or person who owns. manages. oDerates or otherwise controls the use of anv premises subiect to repulation under this Ordinance to knowingly fail to comvlv with anv of its provisions. Any provrietor or other person in control of a public place or workplace who fails to comvlv with this Ordinance shall be subiect to:

1. A fine of UD to Two Hundred ($200.00) Dollars for each dav a violation continues: and

2. Susoension of any license or permit issued bv the Citv. including anv license or oermit issued bv the Citv's Health Department for that public place for a period ofup to thirtv (30) davs for each day of noncompliance.

G. It shall be unlahl for any person to smoke in anv area where smoking is prohibited under this

Page 7 Ordinance. Anv verson who knowinglv or intentionallv smokes in an area in which smoking is prohibited shall be subiect to:

1. A fine of not less than Fiftv ($50.00) Dollars, but not more than Two Hundred ($200.00) Dollars; and

2. In the event that a verson has been previouslv convicted under this Section, that person shall be fined not less than Two Hundred ($200.00) Dollars. but not more than Five Hundred ($500.00) on a second conviction: and

3. The fine shall be not less than Five Hundred ($500.00) but not more than One Thousand ($1.000.00\ Dollars for each conviction thereafter.

15-82. Reserved. 15-83. Resewed. 15-84. Reserved.

SECTION 2. SEVERABILITY

If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, invalid or for any reason unenforceable, the validity ofthe remaining portion of this ordinance or its application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council of the City of Laredo in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity and all provisions are declared severable for that purpose.

SECTION 3. EFFECTIVE DATE

This ordinance shall become effective ninety (90) days from the date of publication as required pursuant to Section 2.09 of the City Charter.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2005.

ELIZABETH G. FLORES MAYOR ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

Page 8 APPROVED AS TO FORM:

JAIME L. FLORES @' CITY ATTOWY

Page 9 COUNCIL COMMUNICATION DATE: SUBJECT: Public Hearing I Introductory Ordinance 1 Amending the City of Laredo 2005-2006 Annual Budget in the amount of $124,624 and accepting a grant awarded by the Office of Justice Programs, Bureau of Justice Assistance, in the amount of $124,624 for the 2005-2006 Justice Assistance Grant. The Office of Justice Programs is contributing the full grant amount of $124,624 with no match amount obligated to the City of Laredo. The City of Laredo and Webb County will each receive $62,312. The City of Laredo will utilize this funding for the purchase of equipment for Homeland Security purposes by the Laredo Police Department for the period of October 01,2004 through September 30,2008.

INITIATED BY: STAFF SOURCE: Cynthia Collazo Agustin Dovalina,lll ~ssistantCity Manager Chief of Police PREVIOUS COUNCIL ACTION: (Resolutions : #2005-R-023 and #2005-R-037)

1 ACTION PROPOSED: That City Council approved this ordinance BACKGROUND: Proposed to streamline justice funding and grant administration, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own needs and conditions. JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are needed most. Council approved the participation by the City of Laredo Police Department in a Memorandum of Understanding with the Webb County Sheriff's Office in order to receive the grant award in the amount of $124,624 from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, on April 18, 2005 (Resolution #2005-R-037). Grant award was split in half between LPD and the WCSO. This memorandum of understanding only involves this grant program and does not have any other stipulations, conditions, or implications. FINANCIAL: Proposed Proposed Oriqinal Budaet Amended Budaet Budaet Amendment Revenues: OJP / BJA 124.624 124.624

Total Revenues 124,624 124,624

Expenditures: JAG Grant 05-06 124.624 124.624

Total Expenditures 124,624 124,624 RECOMMENDATION: STAFF: Recommends that Council approve this ordinance. Amending the City of Laredo 2005-2006 Annual Budget in the amount of $124,624 and accepting a grant awarded by the Office of Justice Programs, Bureau of Justice Assistance, in the amount of $124,624 for the 2005-2006 Justice Assistance Grant. The Office of Justice Programs is contributing the full grant amount of $124,624 with no match amount obligated to the City of Laredo. The City of Laredo will utilize this funding for the purchase of equipment for Homeland Security purposes by the Laredo Police Department for the period of October 01,2004 through September 30,2008.

Whereas, the Office of Justice Programs, Bureau of Justice Assistance provide homeland security equipment that will be utilized by the Laredo Police Department; and

Whereas, the City Manager is authorized to apply for, accept, reject, alter or terminate this grant on behalf of the City of Laredo; and

Whereas, the City of Laredo has agreed that in the event of loss or misuse of the Office of Justice Programs funds, the City of Laredo assures that the funds will be returned to the Office of Justice Programs in full; and

Whereas, the City of Laredo will administer this grant on behalf of itself and Webb County.

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

Section 1: The City of Laredo 05-06 Annual Budget be amended in the amount of $124,624 for a grant awarded by the Ofice of Justice Programs, Bureau of Justice Assistance. The Bureau of Justice Assistance is contributing $124,624 (100%) with the City designating no cash match. The City of Laredo and Webb County will each receive $62,312. This funding will be used for the purchase of homeland security equipment for the Laredo Police Department the period of September 1, 2004 through August 31, 2008.

Section 2: It authorizes the City Manager to execute all necessary documents to obtain said grant and to effectuate its terms. PASSED BY THE ClTY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. ClTY SECRETARY /f-'---\ COUNCIL COMMUNICATION DATE: SUBJECT: Public Hearing 1 Introductory Ordinance

Accepting a grant in the amount of $94,442.00 from the Texas 10 103 12005 Department of Transportation for the Comprehensive Commercial Motor Vehicle STEP program and amending the City of Laredo's FY 05-06 Annual Budget in the amount of $44,442.00. The City of Laredo will be contributing a cash match in the amount of $24,668.00 for a total grant amount of $119,110.00. This grant is for overtime and fringe benefits. INITIATED BY: STAFF SOURCE: Cynthia Collazo Agustin Dovalina, Ill. Deputy City Manager Chief of Police

PREVIOUS COUNCIL ACTION: I None. ACTION PROPOSED: Recommends public hearing and introduction of ordinance.

BACKGROUND:

The Texas Department of Transportation has awarded a grant entitled Comprehensive Commercial Motor Vehicle STEP program available to the Laredo Police Department. The grant will pay for overtime salaries and fringe benefits for police officers for the enforcement of commercial vehicle laws from October 01, 2005 - September 30, 2006.

FINANCIAL:

ORIGINAL PROPOSED BUDGET BUDGET BUDGET AMENDMENT I REVENUES: TxDOT 50.000 94,442 44,442 City of Laredo Cash Match 24,668 24.668 TOTAL REVENUES 74,668 119,110 44,442

EXEPNSES:

Overtime and F.B. 74,668 119.110 44.442

TOTAL EXPENSES 74,668 119,110 44.442

RECOMMENDATION: STAFF:

Recommends public hearing and introduction of ordinance. ORDINANCE NO.

Accepting a grant in the amount of $94,442.00 from the Texas Department of Transportation for the Comprehensive Commercial Motor Vehicle STEP program and amending the City of Laredo's FY 05-06 Annual Budget in the amount of $94,442.00. The City of Laredo will be contributing a cash match in the amount of $24,668.00 for a total grant amount of $119,110.00. This grant is for overtime and fringe benefits.

Whereas, there is available to the City of Laredo a grant entitled Comprehensive Commercial Motor Vehicle STEP Program from the Texas Department of Transportation for a program which would pay for overtime salaries for police officers for the enforcement of commercial vehicle laws from October 1,2005 - September 30,2006; and

Whereas, the Police Chief Recommends that the Council authorize acceptance of a grant for such a program in the amount of $94,442 for fiscal year 2005-2006; and

Whereas, the City Council finds that such acceptance should be made and will be beneficial to the City.

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

Section 1: It authorizes the City Manager to accept a grant from the Texas Department of Transportation in the amount of $94,442 for the enforcement of Commercial Motor Vehicle laws from October 1, 2005 through September 30,2006.

Section 2: The City of Laredo 2005-2006 annual budget is hereby amended in the amount of $94,442 for the Texas Department of Transportation Commerciat Motor Vehicle STEP Program.

Section 3: It authorizes the City Manager to execute all necessary documents to achieve said grant and to effectuate its terms.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2005.

ELIZABETH G. FLORES MAYOR ATTEST:

GYM,JR. fl ,. .~~ C Y SECRE ARY , .. /" COUNCIL COMMUNICATION

DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE Public hearing and introduction of an ordinance to amend the City of Laredo's 2005- 10/03/05 2006 annual budget in the Capital Grant Fund by appropriating revenues and expenditures in the amount of $1,750,000 received in federal funds in 2005 to initiate the installation and activation of Intelligent Transportation Systems (ITS) and authorizing the City Manager to implement said budget. INITIATED BY: STAFF SOURCE: Larry Dovalina, City Manager Robeto Murillo, P.E., P.T.O.E., Traffic Director

PREVIOUS COUNCIL ACTION: Resolution 2005-R-092 passed by City Council on 09-19-05 authorizing the City Manager to enter into an Advance Funding Agreement with Texas Department of Transportation.

BACKGROUND:

The City of Laredo, Traffic Safety Department has been working to deploy and operate Intelligent Transportation Systems (ITS) components to address the growing demand on the City's transportation system. An ITS Master Plan was developed and completed January 2005.

The City received $1.75 million in federal earmark funds in 2005 to initiate deployment of some of the ITS activities identified on the ITS Master Plan. There is no local match required by the City of Laredo for this project. Resolution 2005-R-092 was passed by City Council on 09-19-05 which authorized the City Manager to enter into an Advance Funding Agreement with TxDOT for funds awarded. This agreement between the City of Laredo and the Texas Department of Transportation identified responsibilities for both parties in meeting certain contract standards as it pertains to the management and administration of these funds.

FINANCIAL IMPACT: Capital Grant Fund: Amended Proposed Amendment Budget Budget Revenues: Signal Integration Project 0 $1,750,000 $1,750,000 Expenditures: Signal Integration Project 0 $1,750,000 $1,750.000

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Introduction of said ordinance is recommended. AN INTRODUCTORY ORDINANCE

PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE TO AMEND THE CITY OF LAREDO'S 2005-2006 ANNUAL BUDGET IN THE CAPITAL GRANT FUND BY APPROPRIATING REVENUES AND EXPENDITURES IN THE AMOUNT OF $1,750,000 RECEIVED IN FEDERAL FUNDS IN 2005 TO INITIATE THE INSTALLATION AND ACTIVATION OF INTELLIGENT TRANSPORTATION SYSTEMS (ITS) AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT SAID BUDGET.

WHEREAS, in 2005 the City of Laredo received $1.75 million in federal funds to initiate deployment of some of the Intelligent Transportation System (ITS) activities identified on the City of Laredo ITS Master Plan and;

WHEREAS, the City Council approved Resolution number 2005-R-092 authorizing the City Manager to enter into an advanced funding agreement with Texas Department of Transportation for the of ITS activities for the deployment of ITS activities for an amount of $1,750,000 and;

WHEREAS, advanced funding agreement between the City of Laredo and the Texas Department of Transportation identified responsibilities for both parties in meeting certain contract standards as it pertains to the management and administration of these funds and;

WHEREAS, the Traffic Safety Department and the City Council finds that it is in the best interest and safety of the citizens of Laredo that the City's traffic flow will be improved by the activation of the Intelligent Transportation System (ITS).

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

Section 1: Capital Grant Fund is hereby amended as follows:

Amended Proposed Amendment Budget Budget Revenues: Signal Integration Project 0 $1,750,000 $1,750,000

Exoenditures: Signal Integration Project 0 $1,750,000 $1,750,000

Section 2: Authorizing the City Manager to implement said budget. APPROVED BY THE MAYOR ON THIS DAY ,2005.

Elizabeth G. Flores Mayor

Attest:

Gustavo G. Guevara, Jr. City Secretary

APPROVED AS TO FORM: Jaime L. Flores

By: Ernesto A. Garcia

ci"%!2k~ ~ Asst. City Attorney COUNCIL COMMUNICATION

SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE Amending the City of Laredo FY 2005-2006 Annual budget for the Water Operations Fund by increasing the Full Time Equivalent positions (FTE's) by five and drawing down on opening balance and appropriating expenses in the amount of $469,424.00 for the addition of a five member water distribution I crew and equipment. INITIATED BY: STAFF SOURCE: 1 Larry Dovalina, City Manager 1 Adrian Montemayor. Interim Utilities Director 1 PREVIOUS COUNCIL ACTION: On September 19, 2005, the City Council approved a motion to proceed with the addition of a water distribution crew and the equipment required for the operation and maintenance of the water lines for fiscal vear 2005-2006. / BACKGROUND: 1

The water distribution division is in charge of the maintenance and operations of the water lines. It currently has 31 employees and with the inclusion of this crew, it will come up to 36. The water distribution crew created includes:

1 Crew leader 1 Heavy Equipment Operator 1 Heavy Truck Driver 2 Utility System Mechanic

The equipment required for the water distribution crew includes:

1 Crew truck 1 12 CY Dump 1 Backhoe 1 Equipment Trailer

FINANCIAL IMPACT: (see attachment)

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: 1 I That the Public Hearing be held and the 1 I ordinance be introd~c~d. FINANCIAL IMPACT: (continued)

Amended Original Budget Proposed Budget FY 2005-5006 Amendment FY 2005-2006

Proposed Opening Balance:

Revenues:

Expenses:

General and Administration

Utility Engineering

Utility Billing

Asset Management

Water Treatment Plant Transmission and Distribution

Water Pollution Control

Total Expenses

Restricted Balance

Proposed Ending Balance ORDINANCE No.

Amending the City of Laredo FY 2005-2006 Annual budget for the Water Operations Fund by increasing the Full Time Equivalent positions (FTE's) by five and drawing down on opening balance and appropriating expenses in the amount of $469,424.00 for the addition of a five member water distribution crew and equipment.

WHEREAS, on September 19, 2005, the City Council approved a motion to proceed the addition of a water distribution crew and the equipment required for the operation and maintenance of the water lines for fiscal year 2005-2006, and;

WHEREAS, the water distribution division is in charge of the maintenance and operations of the water lines. It currently has 31 employees and with the inclusion of this crew, it will come up to 36. The water distribution crew created includes:

1 Crew leader 1 Heavy Equipment Operator 1 Heavy Truck Driver 2 Utility System Mechanics

And;

WHEREAS, the equipment required for the water distribution crew includes:

1 Crew truck 1 12 CY Dump 1 Backhoe 1 Equipment Trailer

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

Section 1. The Full Time Equivalent positions (FTE's) are hereby increased by five for the Water Distribution Division; and

Section 2. Expenses and proposed closing balance for fiscal year 2006 are hereby amended as follows: Amended Original Budget Proposed Budget FY 2005-5006 Amendment FY 2005-2006 Proposed Opening Balance: 7,612,006 7,612,006

Revenues: 16,644,769 - 16,644,769

Expenses:

General and Administration 8,935,370 - 8,935,370

Utility Engineering 642,314 642,314

Utility Billing 1,615,630 1,615,630

Asset Management 245,759 - 245,759

Water Treatment Plant 4,349,669 4,349,669 Transmission and Distribution

Water Pollution Control 509,919 - 509,919

Total Expenses 19,024,279 469,424 19,493,703

Restricted Balance (3,000,000) (3,000,000)

Proposed Ending Balance 2,232,496 - 1,763,072

PASSED BY THE ClTY COUNCIL & APPROVED BY THE MAYOR ON THIS THE DAY OF OCTOBER 2005.

ELIZABETH G. FLORES MAYOR

ATTEST BY:

GUSTAVO GUEVARA, JR. ClTY SECRETARY APPROVED AS TO FORM: JAIME L. FLORES ClTY ATTORNEY

- BY: W VALERIA M-ACEVEDO ASSISTANT ClTY ATTORNEY COUNCIL COMMUNICATION

Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2005-0-233 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use 10/03/05 Permit for a mechanic, auto painting and body shop on Lot 5 and North 213 Lot 3, Block 927, West- ern Division, located at 3606 and 3616 Santa Maria Avenue; providing for publication and effective date. ZC-57c-2004 Initiated by: Staff source: Jorge Enrique Brizuela Keith Selman, Planning Director Cynthia Collazo, Deputy City Manager Prior action: On 03/20/00, Council denied a B-1 to B-4 zone change, and approved Ord. 2000-0-063 authorizing a B-3 designation for Lot 5. On 07/02/01, Council denied a B-3 to B-4 zone change, hut approved a Conditional Use Permit for an auto paint and body shop on Lot 5. On 1011 1/04, the Commission recommended denial of a B-3 with a C.U.P. and B-1 to 8-4 zone change: The applicant has since amended the application in favor of a Condi- tional Use Permit for Lots 3 and 5 to include general auto repair. On 11/18/04, the Commission -.postponed the item. BACKGROUND Council District: VII - Jose A. Valdez, Jr. Proposed use: Mechanic, auto painting and body shop (The applicant was issued a Conditional Use Permit for an auto paint and body shop on Lot 5, Block 927, Western Division, located at 3616 Santa Maria Ave. The ap- plicant wishes to apply for a Conditional Use Permit to include general auto repair in his adjoining lot). Site: The site is currently occupied by a single-family residence and an auto paint and body repair shop. Citations/Warnings: On 09/15/03 was issued a citation for violation of CUP conditions and was found guilty with a fine suspended. Was also issued a warning on 09/15/03 for violation of off-street parking and loading requirements. On 11/13/03 was issued a citation for violation of CUP conditions and was dismissed on 12/01/03 by Municipal Court. Surrounding land uses: The land north of the site includes single-family residences, outside storage, Laredo Paper and Office Supply, Tex-Mex Restaurant, A&S Electrical Service, Premier, and a few manufactured homes. East of the site are Mely's Wonderland, Sun Down Plaza, and single-family residences. West of the site includes more single-family residences and an apartment complex. The south side of the site consists of several single-family residences, an auto repair shop, a tire shop, and Marcela's Beauty Parlor. Comprehensive Plan: The Future Land Use Map recognizes this area as RetailIOffice Transportation Plan: The Long Range Thoroughfare Plan does not identify Santa Maria Avenue at this loca- tion. Petition: (previously submitted for zone change) In Favor: 31 Opposed: 0 Letters sent to surrounding property owners: 36 In Favor: 0 Opposed: 0 STAFF COMMENTS Staff does not support the issuance of a Conditional Use Permit at this location. A mechanic shop requires a B-4 zoning, rather than the current B-1 and B-3 zoning districts. The surrounding area exhibits a pre- dominantly residential and less intense commercial land use pattern than the proposed uses the Condi- tional Use Permit will allow. Furthermore, there are several residences abutting the site, which will in- variably be negatively impacted by expanding the lot and including a mechanic shop. The C.U.P. calls for intense commercial uses that are unsuitable and incompatible to the surrounding area. Staff Comments Continued.. . P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 7 to 0 vote, recommended Staff does not support the Conditional Use approval of the Conditional Use Permit. Permit.

Page 1 of 2 COUNCIL COMMUNICATION

STAFF COMMENTS (continued)

Conditional use status is unsuitable as per section 24.94.6, which states, "the characteristics of the proposed site are suitable for the proposed use considering the size, shape, location, topography and location of improvements and natural features." Therefore, Staff does not support the further expansion of B-4 type uses along Santa Maria Ave.

However, if the Commission wishes to recommend approval, Staff recommends the following conditions:

I. Parking shall comply with the Laredo Land Development Code at all times. 2. The Conditional Use Permit shall be issued to Jorge Enrique Brizuela and is nontransferable. 3. All lighting on site must be directed inward and away from abutting residential structures. 4. Signage is limited to that of a 8-3 zoning district. 5. The business hours of operation will be restricted to Monday through Friday, from 9:00 a.m. to 6:00 p.m. 6. Provide a 7 ft. high opaque fence to buffer the surrounding residential structures. 7. The applicant shall plant and maintain four (4) trees and sixteen (16) shrubs; 50% of said trees and shrubs shall be planted along the site's easternmost boundary along Santa Maria Avenue and the remaining trees and shrubs shall be planted along the site's northernmost boundary alongside the parking area. All property shall be kept in an attractive fashion with landscaping properly maintained. All trash, garbage and other waste shall be kept in sanitary containers, which at all times must be concealed from public view. 8. Painting shall be completed only in an enclosed structure and shall comply with the Fire Department's codes and requirements. 9. The Conditional Use Permit is restricted to the activities provided in the letter, Exhibit "A", which is made part hereof for all purposes. 10. The Conditional Use Permit is restricted to the site plan, Exhibit "B, which is made part hereof for all purposes. zoning Map 1 inch equals 300 feet ORDINANCE NO. 2005-0-233

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR A AUTO PAINTING AND BODY SHOP ON LOT 5 AND NORTH 213 LOT 3, BLOCK 927, WESTERN DIVISION, LOCATED AT 3606 AND 3616 SANTA MARIA AVENUE; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a request has been received for the issuance of a Conditional Use Permit for a mechanic, auto painting and body shop on Lot 5 and North 213 Lot 3, Block 927, Western Division, located at 3606 and 3616 Santa Maria Avenue; and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on August 18,2005; 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 (1 5) days prior to the public hearing held before the City of Laredo City Council on this matter; and,

WHEREAS, the City Council has held a public hearing on September 19,2005, 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 Pennit, and all pertinent requirements the Laredo Land Development Code shall be met before the activity sanctioned by the Conditional Use Permit may commence; and,

WHEREAS, the City Council does not consider the impact, if any, of private covenants and deed restrictions on the subject property with the adoption of this ordinance; and,

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

Section 1: The Zoning Map of the City of Laredo be and is hereby amended by author- izing the issuance of a Conditional Use Permit for a mechanic, auto painting and body shop on Lot 5 and North 213 Lot 3, Block 927, Western Division, located at 3606 and 3616 Santa Maria Avenue.

Section 2: The Conditional Use Permit is further restricted to the following provision herewith adopted by the City Council: 1. Parking shall comply with the Laredo Land Development Code at all times. 2. The Conditional Use Permit shall be issued to Jorge Enrique Brizuela and is nontransfer- able. 3. All lighting on site must be directed inward and away from abutting residential structures. 4. Signage is limited to that of a B-3 zoning district. 5. The business hours of operation will be restricted to Monday through Friday, from 9:00 a.m. to 6:00 p.m. 6. Provide a 7 ft. high opaque fence to buffer the surrounding residential structures. 7. The applicant shall plant and maintain four (4) trees and sixteen (16) shrubs; 50% of said trees and shrubs shall be planted along the site's easternmost boundary along Santa Maria Avenue and the remaining trees and shrubs shall be planted along the site's northernmost boundary alongside the parking area. All property shall be kept in an attractive fashion with landscaping properly maintained. All trash, garbage and other waste shall be kept in sanitary containers, which at all times must be concealed from public view. 8. Painting shall be completed only in an enclosed structure and shall comply with the Fire Department's codes and requirements. 9. The Conditional Use Permit is restricted to the activities provided in the letter, Exhibit "A, which is made part hereof for all purposes. 10. The Conditional Use Permit is restricted to the site plan, Exhibit "B", which is made part hereof for all purposes.

Section 3: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.

Section 4: This ordinance shall become effective as and from the date of publication specified in Section 3.

Section 5: The Conditional Use Permit authorized by this ordinance shall be revoked pursuant to the Laredo Land Development Code, section 24.94.10, entitled "Revocation," ac- cording to the criteria and procedures described therein and below:

1. Criteria

Any Conditional Use Permit, authorized by City Council, shall be considered in noncompli- ance and shall be revoked and removed from the City of Laredo Zoning Map, in the event a court of law finds the use in violation of any of the following conditions:

A. The use established on site does not conform, at any time, with any or all permit condition(s) approved by the City Council and or any local, state, or federal law. B. The activity authorized by the Conditional Use Permit commences prior to the in- stitution of all conditions imposed by the Conditional Use Permit. C. Discontinuance of the Council approved conditional use for a period of six (6) con- secutive months. D. The use of which the Conditional Use Permit was authorized does not commence within six months of City Council's final approval date. 2. Procedures

Should City of Laredo Enforcement Official inspection reveal noncompliance with Laredo Land Development Code, Subsection 24.94.10, Conditional Use Permit revocation procedures shall commence as below stipulated:

A. A Zoning Officer shall, upon discovery of conditional use permit noncompliance as per Subsection 24.94.10, issue a written waming, granting a grace period of a minimum of ten (10) working days, within which time the use may be brought into compliance with the current City Council approved Conditional Use Permit for that location. B. If noncompliance persists after the conclusion of the waming grace period, a Zon- ing Enforcement Official shall issue a written citation. C. Should the citation result in a guilty verdict, the City of Laredo shall consider the Conditional Use Permit revoked and proceed with its removal from the City of Laredo Zoning Map. D. The Planning Director shall then issue the permit holder written notification of the Conditional Use Permit's official revocation and removal from the City of Laredo Zoning Map. E. In the event of discontinuance or failure to commence as stipulated in Subsection 24.94.10.1 D and E of this Ordinance, Zoning Enforcement Staff will issue written notification of same. Ten days after issuance of Zoning Enforcement notification of discontinuance or failure to commence, the Planning Director shall then issue the permit holder written notification of the Conditional Use Permit's official revoca- tion and removal from the City of Laredo Zoning Map. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY LAUREL 1.. 1.. i. P

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E 01: UUSINESS: J.E. BRJZUELA

3616 Smtmln Maria Laredo, 1X 7x040

NkwHOF ~~Pmwxs: 2 HOI JRS01: OPERATION: 9:OU a.m. - 6:00 p.m. DAYS OF OPERATION: Monday thu Friday

TYPE OF WORK Body Shop1 Mechanic Shop (Pending Permit)

WORK LOAD: Ahout 2 cars a day COWRlCAL VEHI(:t.ES: Rug 16 05 03:29p 1 ENGINEERS & CONSULTAN ' -753-7687 P.2

SlTE PLAN 361 6 & 3606 SANTA MARIA -rzc ~\J~II\IEEFSa COfiISUL-fr%\rG h\IC -1OUDYUTn unm -=no. SlTE PLAN --tm ,urn== &LL, ci;,t "13"

COUNCIL COMMUNICATION

Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2005-0-234 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 3.16 acres, as further 10/03/05 described by metes and bounds in attached Exhibit "A", located at the northwest comer of Lo- gistic Drive and Mines Road, from B-1 (Limited Commercial District) to B-3 (Communitv Busi- ( ness District); providing for publication and effective date. ~c-i4-2005 Initiated by: I Staff source: Jim ~udley(Speedco, Inc.) Keith Selman, Planning Director Cynthia Collazo, Deputy City Manager Prior action: None. BACKGROUND

Council District: VII - Jose A. Valdez, Jr.

Proposed use: Oil and lube facility with tire sales

Site: Vacant lot

WarningsICitations: None

Surrounding land uses: To the north of the site is Cat Scales Truck-0-Mat Iowa 80 Car Wash, Pacific Pride gasoline station and other industrial type uses. South of the site is Freightliner Western Star Trailer Sales and vacant land. East of the site is Fleet Pride. West of the site is Gonzalez Longoria International, ST1 and U.S. Forwarding Agency.

Comprehensive Plan: The Future Land Use Map recognizes this area as WarehouseLight Industrial.

Transportation Plan: The Long Range Thoroughfare Plan identifies Mines Road as a Truck Route.

Letters sent to surrounding property owners: 6 In Favor: 0 Opposed: 0 STAFF COMMENTS

The proposed zone change is appropriate at this location. It is a less intense use than the Future Land Use Map designation for this area as Warehousenight Industrial. The proposed B-3 zoning district is compatible with the existing B-l district to the south and B-4 district to the north.

P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 7 to 0 vote, recom- Staff supports the proposed zone change mended approval of the zone change.

Page 1 of 2 COUNCIL COMMUNICATION

IMPACT ANALYSIS

B-3 (Community Business District): The purpose of the B-3 District is to provide for those busi- nesses and services serving a trade area larger than a neighborhood, but smaller than the entire city and located primarily along minor or principal arterial streets, as classified in the Transportation Plan of the City of Laredo. It is intended for this zoning classification to exist primarily abutting minor or principal arterial streets while preserving established residential neighborhoods along such streets.

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

Would this change create an isolated zoning district unrelated to surrounding districts? No, the adjoining zoning districts are B-4 to the north and B-1 to the south.

Will change adversely influence living conditions in the neighborhood? No. There are limited residential uses.

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

Page 2 of 2 Legend Zoning 0zoning

W+E S

Citv of Laredo~ ~ I zdning Map 1 inch equals 400 feet ORDINANCE NO. 2005-0-234

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING OF 3.16 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A", LOCATED AT THE NORTHWEST CORNER OF LOGISTIC DRIVE AND MINES 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 3.16 acres, as further described by metes and bounds in attached Exhibit "A", located at the northwest corner of Logis- tic Drive and Mines Road, from B-1 (Limited Commercial District) to 8-3 (Community Business Dis- trict); and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on August 18,2005, 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 September 19,2005, on the request and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and,

WHEREAS, the City Council does not consider the impact, if any, of private cove- nants and deed restrictions on the subject property with the adoption of this ordinance; and,

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

Section 1 : The Zoning Map of the City of Laredo be and is hereby amended by rezon- ing 3.16 acres, as further described by metes and bounds in attached Exhibit "A", located at the northwest comer of Logistic Drive and Mines Road, from B-1 (Limited Commercial District) to 8-3 (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.

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 ,2005.

- ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY

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REV DATE: 07/14/05

COUNCIL COMMUNICATION

Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2005-0-235 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 3.72 acres, as 10/03/05 further described by metes and bounds in attached Exhibit "A", located at 100 W. Village Boulevard, from B-3 (Community Business District) to B-4 (Highway Commercial Dis- trict); providing for publication and effective date. ZC-75-2005 Initiated by: Staff source: Mario Santos Keith Selman, Planning Director Cynthia Collazo, Deputy City Manager Prior action: The applicant has been informed that the proposed use currently does not meet the mini- A A . . mum parking requirements by the Land Development Code. BACKGROUND Council District: V -Johnny Rendon

Proposed use: Amusement Redemption Machine Establishment

Site: The site is currently Border Bingo

Surrounding land uses: The land north of the site includes Cheers Cocktail Lounge, Las Asadas Restaurant and ExxonIBurger King. The area south of the site includes Joseph Monaltan, Attorney at law, Old No. 2 Caf6 & Grill, Rainbow Hair Studio, Claudia's Bed & Bath Accessories, HOS Commu- nications, Texas Commission for the Blind and Texas Rehabilitation Commission. East of the site is Extended Stay America Studios and vacant lots. West of the site is IH-35.

Comprehensive Plan: The Future Land Use Map recognizes this area as RetailIOffice.

Transportation Plan: The Long Range Thoroughfare Plan does not identify Village Boulevard and identifies IH-35 as a Freeway.

Letters sent to surrounding property owners: 11 In Favor: 0 Opposed: 0 STAFF COMMENTS

The proposed zone change is appropriate at this location. The proposed change is consistent with adjacent B-4 districts to the east and along IH-35 to the west. The property meets the location and site dimensional standards required for a B-4 zoning designation.

P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 7 to 0 vote, recommended Staff supports the proposed zone change. approval of the zone change.

Page 1 of 2 COUNCIL COMMUNICATION

IMPACT ANALYSIS

B-4 (Highway Commercial District): The purpose of the B-4 District is to provide for those busi- nesses and services sewing a regional area which are to be located primarily along principal (major) arterial streets or the freeway, as classified in the Transportation Plan of the City of Laredo. It is in- tended for this zoning classification to exist primarily along principal arterial streets or the freeway and to impose site development regulations to ensure adequate access of all uses within this classifi- cation.

Is this change contrary to the established land use pattern? No.

Would this change create an isolated zoning district unrelated to surrounding districts? No, the site abuts B-4 and B-3 zoning districts.

Will change adversely influence living conditions in the neighborhood? No, there is not a residential neighborhood in the immediate vicinity.

Are there substantial reasons why the property can not be used in accordance with existing zon- ing? No, the existing zoning district allows for sufficient commercial uses. ~ ~ - zdning Map 1 inch equals 400 feet ORDINANCE NO. 2005-0-235

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING OF 3.72 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A", LOCATED AT 100 W. VILLAGE BOULEVARD, FROM B-3 (COMMUNITY BUSINESS DISTRICT) TO B-4 (HIGHWAY COMMERCIAL DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a zone change has been requested by the owners of 3.72 acres, as further described by metes and bounds in attached Exhibit "A", located at 100 W. Village Boulevard, from B-3 (Community Business District) to B-4 (Highway Commercial District); and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on August 18,2005, 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 September 19,2005, on the request and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and,

WHEREAS, the City Council does not consider the impact, if any, of private cove- nants and deed restrictions on the subject property with the adoption of this ordinance; and,

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

Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezon- ing 3.72 acres, as further described by metes and bounds in attached Exhibit "A", located at 100 W. Village Boulevard, from B-3 (Community Business District) to B-4 (Highway Com- mercial District). Section 2: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.

Section 3: This ordinance shall become effective as and from the date of publication specified in Section 2. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2005.

ELIZABETH G. FLOWS MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME FLOWS CITY ATT~RNEY

ASSISTANT CITY ATTORNEY G.L'ICLUFISS. mu

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ZC-75-2005 I00 W. VILLAGE COUNCIL COMMUNICATION

Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2005-0-236 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use 10/03/05 Permit for an outdoor amusement service on Lot lA, Block 1, McPherson Acres Development Sub- division Unit 1, located at 5702 McPherson Road; providing for publication and effective date. ZC-76-2005 Initiated by: Staff source: Miguel Gomez Keith Selman, Planning Director Cynthia Collazo, Deputy City Manager Prior action: None. BACKGROUND Council District: V- Johnny Rendon Proposed use: Outdoor amusement service Site: The site is currently a new vacant shopping center. Surrounding land uses: West and south of the site are single family residences, Hillside Recreational Center and a park. North and east of the site are McPherson Road, Jett Bowl, Virlar Auto Sales and Parts, several va- cant lots, A-l Auto Stop, Cooper Tires, Tile Warehouse and Ramirez Tire Center. Comprehensive Plan: The Future Land Use Map recognizes this area as RetailIOffice. 1 Transportation Plan: The Long Range Thoroughfare Plan identifies McPherson Road as a Major Arterial. I Letters sent to surrounding property owners: 28 In Favor: 0 Opposed: 1 STAFF COMMENTS Staff supports the issuance of the proposed Conditional Use Permit. An outdoor amusement service requires a 8-4 zoning district rather than the current B-3 district. However, a B-4 district is unwarranted at this location due to the substantial residential uses in the immediate proximity of the site. A Conditional Use Permit would permit the proposed use without altering the character of surrounding area or impairing the surrounding properties. Staff rec- ommends the following conditions: 1. The facility's exterior lighting shall be low impact and directed towards the ground and away from any abut- ting residential zones or uses including. 2. Parking shall comply with the Laredo Land Development Code at all times.

3. The Conditional~ ~ Use Permit shall be issued to ABC Radio Control Hobbies Outdoor Amusetnent and is non- transferable. I 4. The Conditional Use Permit is restricted to the activities provided in the letter, Exhibit "A", which is made part hereof for all purposes. 5. The applicant shall provide a seven (7) foot opaque fence where the site directly abuts any residential zone or use. 6. Signage shall be limited to that which is allowed in a B-3 district. 7. The Conditional Use Permit is restricted to the site plan, Exhibit "B", which is made part hereof for all pur- poses. 8. Trees and shrubs shall be planted and maintained in compliance with the Laredo Land Development Code. 9. A landscape buffer comprised of trees and shrubs shall be maintained along the west property line.

P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 7 to 0 vote, recommended ap- Staff suaports the proposed conditional use

.proval of the conditional use permit. permit. City of Laredo 1 Zoning Map 1 inch equals 400 feet ORDINANCE NO. 2005-0-236

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR AN OUTDOOR AMUSEMENT SERVICE ON LOT 1A, BLOCK 1, MCPHERSON ACRES DEVELOPMENT SUBDIVISION UNIT 1, LOCATED AT 5702 MCPHERSON ROAD; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a request has been received for the issuance of a Conditional Use Permit for an outdoor amusement service on Lot 1A, Block 1, McPherson Acres Development Subdivision Unit 1, located at 5702 McPherson Road; and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on August 18,2005; 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 September 19,2005, on the request and finds the Conditional Use Permit amendment appropriate and consistent with the General Plan of the City of Laredo; and,

WHEREAS, all conditions imposed by the Conditional Use Permit, and all pertinent requirements the Laredo Land Development Code shall be met before the activity sanctioned by the Conditional Use Permit may commence; and,

WHEREAS, the City Council does not consider the impact, if any, of private covenants and deed restrictions on the subject property with the adoption of this ordinance; and,

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

Section 1 : The Zoning Map of the City of Laredo be and is hereby amended by author- izing the issuance of a Conditional Use Permit for an outdoor amusement service on Lot 1.4, Block 1, McPherson Acres Development Subdivision Unit 1, located at 5702 McPherson Road.

Section 2: The Conditional Use Permit is further restricted to the following provision herewith adopted by the City Council: 1. The facility's exterior lighting shall be low impact and directed towards the ground and away from any abutting residential zones or uses including. 2. Parking shall comply with the Laredo Land Development Code at all times. 3. The Conditional Use Permit shall be issued to ABC Radio Control Hobbies Outdoor Amusement and is nontransferable. 4. The Conditional Use Permit is restricted to the activities provided in the letter, Exhibit "A", which is made part hereof for all purposes. 5. The applicant shall provide a seven (7) foot opaque fence where the site directly abuts any residential zone or use. 6. Signage shall be limited to that which is allowed in a B-3 district. 7. The Conditional Use Permit is restricted to the site plan, Exhibit "B", which is made part hereof for all purposes. 8. Trees and shrubs shall be planted and maintained in compliance with the Laredo Land Development Code. 9. A landscape buffer comprised of trees and shrubs shall be maintained along the west property line.

Section 3: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.

Section 4: This ordinance shall become effective as and from the date of publication specified in Section 3.

Section 5: The Conditional Use Permit authorized by this ordinance shall be revoked pursuant to the Laredo Land Development Code, section 24.94.10, entitled "Revocation," ac- cording to the criteria and procedures described therein and below:

1. Criteria

Any Conditional Use Permit, authorized by City Council, shall be considered in noncompli- ance and shall be revoked and removed from the City of Laredo Zoning Map, in the event a court of law finds the use in violation of any of the following conditions:

A. The use established on site does not conform, at any time, with any or all permit condition(s) approved by the City Council and or any local, state, or federal law. B. The activity authorized by the Conditional Use Permit commences prior to the in- stitution of all conditions imposed by the Conditional Use Permit. C. Discontinuance of the Council approved conditional use for a period of six (6)con- secutive months. D. The use of which the Conditional Use Permit was authorized does not commence within six months of City Council's final approval date.

2. Procedures Should City of Laredo Enforcement Official inspection reveal noncompliance with Laredo Land Development Code, Subsection 24.94.10, Conditional Use Permit revocation procedures shall commence as below stipulated:

A. A Zoning Officer shall, upon discovery of conditional use permit noncompliance as per Subsection 24.94.10, issue a written waming, granting a grace period of a minimum of ten (10) working days, within which time the use may be brought into compliance with the current City Council approved Conditional Use Permit for that location. B. If noncompliance persists after the conclusion of the waming grace period, a Zon- ing Enforcement Official shall issue a written citation. C. Should the citation result in a guilty verdict, the City of Laredo shall consider the Conditional Use Permit revoked and proceed with its removal from the City of Laredo Zoning Map. D. The Planning Director shall then issue the permit holder written notification of the Conditional Use Permit's official revocation and removal from the City of Laredo Zoning Map. E. In the event of discontinuance or failure to commence as stipulated in Subsection 24.94.10.1 D and E of this Ordinance, Zoning Enforcement Staff will issue written notification of same. Ten days after issuance of zoning Enforcement notification of discontinuance or failure to commence, the Planning Director shall then issue the permit holder written notification of the Conditional Use Permit's official revoca- tion and removal from the City of Laredo Zoning Map. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME FLORES CITY ATTPRNEY Scope The proposed use of land, for the two acres area at the back of Park Place Association Commercial center, will be an outdoor amusement complex. The main amenities will be an outdoor soccer field; a radio operated racetrack also it will be parking spaces for customers, lounge area with restroom and snack pit for customers. Refreshments and snacks will be offered to customers and no alcohol beverages will be sold on the premises.

Description of business: The proposed business will consist of two main elements. - Soccer Field. - Radio Operated model cars race track.

Hour. of Operation: The hours of operation will be as follows: - Mon-Thu: 10:OO am - 9:00 pm. - Fri-Sat: 10:OO am - 10:OO pm. Sub: 12:OO m 7 00 pm. - & -:

Number of Employees: - 1 Supervisor. -. 2 Crew Leaders. - 10 Crews.

LII-' " 76-2005 5702 McPherson Road

COUNCIL COMMUNICATION

Date: I SUBJECT: FINAL READING OF ORDINANCE NO. 2005-0-237 I Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use 10103105 Permit for outdoor storage of building materials on Lots 1 & 8 and west 113 Lots 2 & 7, Block 9, Eastern Division, located at 601 Market Street; providina. -. for publication and effective date. ZC-77-2005 Initiated by: I Staff source: Octavio & ~ervandoBenavides Keith Selman, Planning Director Cynthia Collazo, Deputy City Manager Prior action: None. BACKGROUND 1 Council District: I11 - John C Galo I I Proposed use: Claymex (brickltile business & outdoor storage) I Site: Claymex Brick & Tile is currently in operation WarningsICitations: None Surrounding land uses: The land north of the property includes Yoli's Caf6, Diamond Shamrock, Ace Bolt & Screw, Laredo Choppers Inc., Laredo Implement, El Buen Dia Ropa Usada, Conoco, Stor-N-Town Storage Units, single family and multi-family residences. To the south of the site are single family residences, LareTex Feed & Mineral Co., the Tex Mex Railroad and warehouses. To the west of the site is Laredo Steel & Con- crete products. East of the site are Casa Juarez Restaurant Supply, single family residences and apartments. Comprehensive Plan: The Future Land Use Map recognizes this area as Medium Density Residential. I Transportation Plan: The Long Range Thoroughfare Plan identifies Market Street as a Major Collector. I Letters sent to surrounding property owners: 21 In Favor: 0 Opposed: 0 STAFF COMMENTS Staff supports the issuance of the proposed Conditional Use Permit. Outdoor storage of building materials re- quires a B-4 zoning district rather than the current B-3 district. However, a B-4 district is unwarranted at this loca- tion due to the substantial residential uses in the immediate proximity of the site. A Conditional Use Permit would permit the proposed use without altering the character of surrounding area or impairing the surrounding properties. Staff recommends the following conditions: 1. The facility's exterior lighting shall be low impact and directed towards the ground and away from any abut- ting residential zones or uses including multi-family dwellings. 2. Parking shall comply with the Laredo Land Development Code at all times. 3. The Conditional Use Permit shall be issued to Octavio & Servando Benavides and is nontransferable. 4. The Conditional Use Permit is restricted to the activities provided in the letter, Exhibit "A", which is made part hereof for all purposes. 5. The applicaut shall provide a seven (7) foot opaque fence where the site directly abuts any residential zone or use. 6. Signage shall be limited to that which is allowed in a B-3 district. 7. Trees and shrubs shall be planted and maintained in compliance with the Laredo Land Development Code. 8. The Conditional Use Permit is restricted to the site plan, Exhibit "B, which is made part hereof for all pur- poses. P&Z COMMISSION RECOMMENDATION: I STAFF RECOMMENDATION: The P & Z Commission, in a 7 to 0 vote, recom- Staff supports the proposed conditional use permit. mended approval of the conditional use permit.

Page 1 of 1 Legend Zoning 0zoning

-+-+-Railroad

Citv of Laredo~~- &ing Map 1 inch equals 400 feet ORDINANCE NO. 2005-0-237

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE OF BUILDING MATERIALS ON LOTS 1 & 8 AND WEST 113 LOTS 2 & 7, BLOCK 9, EASTERN DIVISION, LOCATED AT 601 MARKET STREET; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a request has been received for the issuance of a Conditional Use Permit for outdoor storage of building materials on Lots 1 & 8 and west 113 Lots 2 & 7, Block 9, Eastern Division, located at 601 Market Street; and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on August 18,2005; 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 September 19,2005, on the request and finds the Conditional Use Permit amendment appropriate.. . and consistent with the ~eneralPlan of the City of Laredo; and,

WHEREAS, all conditions imposed by the Conditional Use Permit, and all pertinent requirements the Laredo Land Development Code shall be met before the activity sanctioned by the Conditional Use Permit may commence; and,

WHEREAS, the City Council does not consider the impact, if any, of private covenants and deed restrictions on the subject property with the adoption of this ordinance; and,

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

Section 1: The Zoning Map of the City of Laredo be and is hereby amended by author- izing the issuance of a Conditional Use Permit for outdoor storage of building materials on Lots 1 & 8 and west 113 Lots 2 & 7, Block 9, Eastern Division, located at 601 Market Street.

Section 2: The Conditional Use Permit is further restricted to the following provision herewith adopted by the City Council: A. A Zoning Officer shall, upon discovery of conditional use permit noncompliance as per Subsection 24.94.10, issue a written warning, granting a grace period of a minimum of ten (10) working days, within which time the use may be brought into compliance with the current City Council approved Conditional Use Permit for that location. B. If noncompliance persists after the conclusion of the warning grace period, a Zon- ing Enforcement Official shall issue a written citation. C. Should the citation result in a guilty verdict, the City of Laredo shall consider the Conditional Use Permit revoked and proceed with its removal from the City of Laredo Zoning Map. D. The Planning Director shall then issue the permit holder written notification of the Conditional Use Permit's official revocation and removal from the City of Laredo Zoning Map. E. In the event of discontinuance or failure to commence as stipulated in Subsection 24.94.10.1 D and E of this Ordinance, Zoning Enforcement Staff will issue written notification of same. Ten days after issuance of Zoning Enforcement notification of discontinuance or failure to commence, the Planning Director shall then issue the permit holder written notification of the Conditional Use Permit's official revoca- tion and removal from the City of Laredo Zoning Map. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY July 25, 2005

Susanna Ramos City Planning Dept.

RE: Conditional Use Permit 601 Market Street

Dear Madam,

As you know, the back side of the above referenced property was recently rezoned to B-3 Commercial. As such, we are presently requesting the entire property (all zoned B-3) be given a Conditional Use Permit to allow the existing sale and outside storage of building materials (bricks & cinderblock) to continue.

We believe said CUP is preferable to a further rezoning to a more intensive zoning categoly. While we believe the existing operation is being run and operated in a way that does not adversely affect any surrounding residential owners, we would be happy... to entertain any reasonable conditions your office might suggest. While the revised site plan shows three parking spaces, we note the stored materials are easily moved and additional parking- can be provided. We also note there are 2 full time employees; and the hours of operation are 8 a.m. to 5 p.m. Monday - Friday.

Thank you for your assistance in this matter. If you should have any questions, please do not hesitate to call Mr. Ron Whitehawk (763-0927), who is handling this matter on our behalf.

L Serviendo Benavides 601 MARKETSTREET

CONDITIONAL USE PERMIT SITE PLAN SCALE - l" = 40"

COUNCIL COMMUNICATION

Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2005-0-238 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Special Use 10/03/05 Permit for the addition of an antenna to an existing communication tower on Lot 1, Block I, U.S. Cellular Subdivision, located at 27005 F.M. 1472 (Mines Rd.); providing for publica- tion and effective date. ZC-78-2005 Initiated by: Staff source: Cingular- Wireless Keith Selman, Planning Director I Cynthia Collazo, ~e~ui~City Manager Prior action: The City Council on 01110105 approved an SUP for the co-location of an additional an- tenna to an existing legal non-conforming tower. BACKGROUND 1 Council District: VII -Jose A Vddez, Jr. I Proposed use: Addition of an antenna to an existing communication tower I 1 Site: The site has an existing communication tower. I Surrounding land uses: The properties surrounding the site are vacant and undeveloped except for an- other communication tower immediately to the south of the site. Comprehensive Plan: The Future Land Use Map recognizes this area as RetaillOffice. Transportation Plan: The Long Range Thoroughfare Plan identifies F.M. 1472 as a Truck Route. Letters sent to surrounding property owners: 1 In Favor: 0 Opposed: 0 STAFF COMMENTS

The proposed Special Use Permit is appropriate at this location. The existing tower was built in 1992 and became a legal non-conforming structure when it was annexed into the City. The proposed Special Use Permit would allow the additional antenna.

According to the applicant's Structural Analysis Report, (see attached Exhibit "B"), the tower was ana- lyzed for the specified loads in accordance with the current Electronic Industries Alliance (EIA)-222-F publication, Structural Standards for Steel Antenna Towers and Antenna Supporting Structures. The re- port concluded that "the existing tower has the design capacity to support the existing and proposed load- ing per the minimum requirements of TIAIEIA-222-F, for load cases applicable in Webb County, Texas." Staff supports the proposed Special Use Permit and recommends the following conditions:

1. The permit shall be issued to Cingular Wireless LLC and is non-transferable. 2. The Special Use Permit is restricted to the site plan, Exhibit "A", which is made a part hereof for all purposes. 3. The Special Use Permit is restricted to the Structural Analysis Report, Exhibit "B, which is made a part hereof for all purposes

I P&Z COMMISSION RECOMMENDATION: 1 STAFF RECOMMENDATION:- - The P & Z Commission, in a 7 to 0 vote, recommended Staff supports the proposed Special Use approval of the Special Use Permit. Permit. - Rezone t .J (Agricultural District ) to B-4 ( Highway Commerical District )

Location: FM 1472 ZC-78-2005

City of Laredo I zoning Map 1 inch equals 500 feet CITY OF LAREDO ORDINANCE NO. 2005-0-238

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY AUTHORIZING THE ISSUANCE OF A SPECIAL USE PERMIT FOR THE ADDITION OF AN ANTENNA TO AN EXISTING COMMUNICATION TOWER ON LOT 1, BLOCK 1, U.S. CELLULAR SUBDIVISION, LOCATED AT 27005 F.M. 1472 (MINES RD.); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a request has been received for the issuance of a Special Use Permit for the addition of an antenna to an existing communication tower on Lot 1, Block 1, U.S. Cellular Subdivision, located at 27005 F.M. 1472 (Mines Rd.); and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on September 1,2005; and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recom- mended approval of the 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 apublic hearing on September 19,2005, 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; and,

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

Section 1: The Zoning Map of the City of Laredo be and is hereby amended by author- izing the issuance of a Special Use Permit for the addition of an antenna to an existing com- munication tower on Lot 1, Block 1, U.S. Cellular Subdivision, located at 27005 F.M. 1472 (Mines Rd.).

Section 2: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo. Section 3: The Special Use Permit is further restricted to the following provision here- with adopted by the City Council:

1. The permit shall be issued to Cingular Wireless LLC and is non-transferable. 2. The Special Use Permit is restricted to the site plan, Exhibit "A", which is made a part hereof for all purposes. 3. The Special Use Permit is restricted to the Structural Analysis Report, Exhibit "B, which is made a 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 ,2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY

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C FAULKNERENGINEE~G 400 Bowie Street. Suite 250 Austin, Texas 78703 Mailing Address: PO Box 1528 Austin, Texas 78767-1528

July 12,2005

Structural Analysis of an Existing 2704 Self Support Tower GNET-Cingular- LO34 International Brldge (4017.014-02) Tower Analysis

Prepared for GNET -Cingular

Rocky C. Norman, P.E. C FAULKNERENCINEERING 400 Bowie Street, Suite 250 Austin, Texas 78703 Mailing Address: PO Box 1528 Austin. Texas 78767-1528

July 12,2005

Mr. Al Sandoval Goodman Networks. 4041 Bluemel Road San Antonio, TX 78240 Structural Analysis of an Existing 2704 Self Support Tower GNET-Cingular - LO34 international Bridge (4017.014-02) Tower Analysis

Dear Mr. Sandoval:

This letter is to report to you the results of CFE's structural analysis of the existing 2704 self support tower at the above-referenced site. The analysis considers the existing tower including the proposed Cingular appurtenances. For a summary of the tower structure as modeled and a list of the appurtenances analyzed refer to the attached elevation drawing.

Information Used by CFE

Tower Analysis Report

A tower analysis report prepared by ROHN, Drawing No. B-730356, dated August 30, 1973, was used as the main source of information regarding the tower's member sizes, their configuration, and their ASTM steel designations. The drawings were verified by Ray lsom on June 16,2005.

RF Site Design Form

The RF site design worksheet prepared by Matt Bongiomo, Revision 3.0, dated May 26,2005, was used as the main source of information regarding the proposed appurtenances' size, quantity, and location on the tower.

Site Visit

CFE performed a limited site visit on June 20, 2005. Only the portions of the tower visible at ground level were observed and no field measurements were taken. If there are any discrepancies between the information used by CFE and the existing tower, please contact CFE immediately.

CFE's Structural Analysis

Approach

1. The analysis of the tower is intended to assess its adequacy to support the existing and proposed appurtenance loading per TWEIA-222-F requirements. The tower was GNET - CINGULAR LO34 - INTERNATIONAL BRIDGE

analyzed using the finite element computer program "Tower." The program, by Power Line System Inc., is widely regarded for its accuracy. A nonlinear analysis was used to account for the second order geometric effects due to the displacements. 2. Six load cases have been considered. Load cases IA, lB, and 1C consider an operational scenario with a basic wind speed of 50 mph. Load cases 2A, ZB,and 2C correspond to a scenario with a basic wind speed of 75 mph. 3. Each load case has been performed applying the wind in three different directions with respect to the tower, i.e. perpendicular to a face (A), perpendicular to an apex (B), and parallel to the same face (C).

Assumptions All tower steel legs, horizontals, and diagonals meet ASTM A572 grade 50, ASTM A500 grade B or A36 standards. Refer to the elevation drawing for more information. All bolts meet ASTM A325 standards. Refer to the elevation drawing for more information. All members and components are in good condition, properly assembled, and free of defects that would affect their capacities. Any bolted or welded connection is adequate to develop the full capacity of the members joined and can transfer all the loads analyzed herein. All bolted connections are adequately tightened. All antenna mounts and other supporting mechanisms are capable of supporting the loads applied to them. The tower base foundations are adequate to support the loads applied to them. All coaxial cables are properly secured and supported along the face of the tower. Refer to the elevation drawing for information on coaxial cable location. / Findings and Conclusions The results of the structural analysis on the existing tower indicate the maximum stressed tower member is at 92% of its design capacity. Therefore, the existing tower has the design capacity to support the existing and proposed loading per the minimum requirements of TIAEIA-222-F, for load cases applicable in Webb County, Texas. This fmding is only valid based on the coaxial cable layout shown on Sheet TWRl and the assumptions previously listed.

CFE did not perform a foundation analysis as it was not apart of the scope of work for this project.. CFE would be happy to perform an analysis on the existing foundation to verify its capacity if requested to do so and the necessary geotechnical or foundation information is provided. GNET - CTNGULAR LO34 - INTERNATIONALBRIDGE

If you have any questions or if you need additional information, please do not hesitate to contact us.

Respectfully submitted,

I Rocky C. Norman, P.E.

Attachments TWR1 -Elevation Tower Mapping Report WEC+7Sc-~~M~rnm.~~%

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>i >* COAXIAL CABLE LAYOUT MODELED

CAPACITY TO SUPPORT THE EXISTING AND PROPOSED LOADING PER TIAIEIA.222-F ---

AINTERIOR BRACING

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COUNCIL COMMUNICATION

Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2005-0-239 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Special Use 10/03/05 Permit for oil and/or gas extraction on 1.65 acres, as further described by metes and bound in attached Exhibit "A", located along Wormser Road; providing for publication and effec- tive date. ZC-80-2005 Initiated by: Staff source: Prohawk Oil & Gas Corp. Keith Selman, Planning Director Cynthia Collazo, Deputy City Manager Prior action: None. BACKGROUND Council District: I - Alfredo Agredano Proposed use: Oil andlor gas extraction I Site: The site has oil/gas tanks. Surrounding land uses: The land surrounding the site is predominantly vacant and undeveloped. The nearest residential subdivision is Cuatro Vientos to the north. Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential. Transportation Plan: The Long Range Thoroughfare Plan does not identify Wormser Road. Letters sent to surrounding property owners: 1 In Favor: 0 Opposed: 0 STAFF COMMENTS

Staff supports the issuance of the proposed Special Use Permit. The proposed work-over procedure to the existing well meets Section 24.73, Oil and Gas Extraction and Production, of the Laredo Land De- velopment Code. Specifically, no school, hospital, church, nor public building is located within six hundred (600) feet of the proposed 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 Prohawk Oil & Gas Corp. 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 work-over procedure description, Exhibit "A", which is made part hereof for all purposes. 4. 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 7 to 0 vote, recommended Staff supports the proposed Special Use approval of the Special Use Permit. Permit.

Page 1 of 1

CITY OF LAREDO ORDINANCE NO. 2005-0-239

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY AUTHORIZING THE ISSUANCE OF A SPECIAL USE PERMIT FOR THE OIL AND/OR GAS EXTRACTION ON 1.65 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A", LOCATED ALONG WORMSER ROAD; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a request has been received for the issuance of a Special Use Permit for oil andlor gas extraction on 1.65 acres, as further described by metes and bounds in attached Exhibit "A", located along Wormser Road; and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on August 18,2005; and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recom- mended approval of the Special Use Pennit; 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 September 19,2005, 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; and,

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

Section 1: The Zoning Map of the City of Laredo be and is hereby amended by author- izing the issuance of a Special Use Permit for oil andlor gas extraction on 1.65 acres, as further described by metes and bounds in attached Exhibit "A", located along Wormser Road.

Section 2: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo. Section 3: 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 Prohawk Oil & Gas Corp. 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 work-over procedure description, Exhibit "A", which is made part hereof for all purposes. 4. 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 ,2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY

i ..I , /, 4 ,;,' ,'! ;.-,/, , . .- q/~;~.,/~ ,., '\ / , .' BY: ANTHONY C. MCGETTRICK ASSISTANT CITY ATTORNEY EXHIBIT 'T"

McNary-Warrior #1 ST Work-over Procedure

1, Move in, rig up wireline truck. 2, Run in hole, set composite plug in packer tail-pipe @ 6945' 3. Move in and fill two 500 bbl hctanks with eesh water. 4, Move in, rig up wellhead isolation tool. 5. Move in, rig up frac equipment. 6. Frac well (perfs 6732-42) via 2-318" tubing pumping approximately 1000 bbls water and 25,000 pounds of 20140 mesh hcsand. 7. Flow test well approximately 2-3 days (with gas going to sales). 8. Move in, rig up 1-114" coiled tubing unit, 9. Run in hole with downhole and bit, drill out plug @ 6945'. 10. Resume flowing well to sales.

Equipment Required

Electric Line Wireline Unit Frac Equipment (see attached stimulation recommendation) 1-114" 10,000 psi Coiled Tubing Unit with NitrogenIFluid Pump (2) 500 bbl frac tanks (1) 100 bbl open top tank Wellhead Isolation Tool 10,000 psi Flowback Manifold 10,000 Kilowatt generator with lights

I, Paul Mladenka, hereby certify that the knowledge.

Date Paul Mladenka

COUNCIL COMMUNICATION

1 Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2005-0-240 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 5.6 acres, as fur- 10/03/05 ther described by metes and bounds in attached Exhibit "A", located at 4307 Loop 20, from R-1 (Single Family Residential District) to B-4 (Highway Commercial District); providing for publication and effective date. ZC-56-2005 Initiated by: Staff source: Miguel and Alicia Rodriguez Keith Selman, Planning Director Cynthia Collazo, Deputy City Manager Prior action: None. BACKGROUND Council District: I - Alfredo Agredano I Proposed use: Reception hallhar I I Site: The site is currently a single-family residence I Surrounding land uses: The land to the north and east is vacant. South of the site are single-family residences. West of the site are Fiesta Ice, Paulita's Restaurant, a car wash, and Gonzalez Auto Parts. 1 Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential. I Transportation Plan: The Long Range Thoroughfare Plan identifies Loop 20 as a Major Arterial. I Letters sent to surrounding property owners: 3 InFavor: 0 Opposed: 0 STAFF COMMENTS

The proposed zone change is inappropriate at this location. The proposed change is not consistent with the Comprehensive Plan's Low Density Residential designation. A B-4 designation would be inconsistent with the surrounding zoning districts. The proposed B-4 district and its permitted uses may also negatively impact the adjacent residences to the south and southeast of the site. The site would also not meet minimum B-4 lot dimension requirements.

P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recommended Staff does not support the proposed zone denial of the zone change. change.

Page 1 of 2 COUNCIL COMMUNICATION

IMPACT ANALYSIS

B-4 (Highway Commercial District): The purpose of the B-4 District is to provide for those busi- nesses and services serving a regional area which are to be located primarily along principal (major) arterial streets or the freeway, as classified in the Transportation Plan of the City of Laredo. It is in- tended for this zoning classification to exist primarily along principal arterial streets or the freeway and to impose site development regulations to ensure adequate access of all uses within this classifi- cation.

Is this change contrary to the established land use pattern? Yes, the land use pattern is residential and commercial with uses more compatible in a B-3 zoning district.

Would this change create an isolated zoning district unrelated to surrounding districts? Yes, the site abuts B-3 and R-1 zoning districts.

Will change adversely influence living conditions in the neighborhood? The more intense permitted uses allowed by a B-4 may negatively impact the adjacent neighborhood.

Are there substantial reasons why the property can not be used in accordance with existing zon- ing? Yes, the existing zoning district only allows for residential uses. ORDINANCE NO. 2005-0-240

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 5.6 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A," LOCATED AT 4307 LOOP 20, FROM R-1 (SINGLE FAMILY RESIDENTIAL DISTRICT) TO B-4 (HIGHWAY COMMERCIAL DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a zone change has been requested by the owners of 5.6 acres, as further described by metes and bounds in attached Exhibit "A," located at 4307 Loop 20, from R-1 (Single Family Residential District) to B-4 (Highway Commercial District); and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing- held before the Planning- and Zoning Commission on July 2i, 2005, 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 September 19,2005, on the request and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and,

WHEREAS, the City Council does not consider the impact, if any, of private cove- nants and deed restrictions on the subject property with the adoption of this ordinance; and,

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

Section 1 : The Zoning Map of the City of Laredo be and is hereby amended by rezon- ing 5.6 acres, as further described by metes and bounds in attached Exhibit "A," located at 4307 Loop 20, from R-1 (Single Family Residential District) to B-4 (Highway Commercial District).

Section 2: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo. Section 3: This ordinance shall become effective as and from the date of publication specified in Section 2.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM. JAIME FLORES CITY ATTORNEY7 City of Laredo ) Planning and Zoning

Legend ;"""yClV LIMITS 2005 PROPOSED REZONE ZONING BOUNDRlES 0 ZONING BOUNDRIES

City of Laredo Zoning Map 1 inch equals 500 feet

IDATE: (SIJBJECT:FINAL READING OF ORDINANCE NO. 2005-0-241

ACKGROUND:

he Federal Aviation Administration awarded Airport Improvement Program Grant No. 3-48-0136-046-05 the amount of $1,000,000.00 for the purpose of acquiring Runway Protection Zone (RPZ) Land abutting Laredo International Airport.

The City's five (5%) percent Local Match is available in the Airport Construction Fund. FINANCIAL: Airport Construction Fund (433) AIP Grant No. 348-0136-046-2005 Financial Breakdown Proposed Account No. Amended Adjustment Amended Budget Budget

Revenues: FAA Grant No.46 Revenue 433-0000-322-2059 1,000,000.00 1,000,000.00

Expenses:

Land (RPZ) 433-3668-565-9101 52,632.00 1,000,000.00 1,052,632.00 1,000,000.00 I I Local Match in the amount of $52,632.00 is available in the Airport Construction Fund. 1 RECOMMENDATION: STAFF: That the City Manager be authorized to implement the On August 15,2005, the Airport proposed FY 2005 budget amendment. Advisoly Committee recommended acceptance of the grant. Ordinance Amending FY 2004-2005 Budget (FAA GRANT NO. 46)

Fund (Land Sales Proceeds) to said grant, in furtherance of the development of the Laredo International Airport and as a support to the maintenance and operation of the Laredo International Airport.

WHEREAS, the Airport Advisory Committee finds that said budget amendment is in the best interest of the Airport; and

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

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

Section 1 : The City Manager be and is hereby authorized to amend the City of Laredo FY 2004-2005 Airport Construction Budget to recognize the additional revenues from a Federal Aviation Administration Airport Improvement Program Grant Project No. 3-48- 0136-46-05 in the amount of $1,000,000.00 to acquire Runway Protection Zone (WZ) Land abutting the Laredo International Airport and appropriating said grant revenues to the appropriate expenditure accounts and authorizing the City Manager to implement said budget amendment.

Section 2: This Ordinance shall become effective upon passage hereof

PASSED BY THE CITY COUNCIL AND APROVED BY THE MAYOR ON THIS THE DAY OF ,2005.

ELIZABETH G. FLORES MAYOR ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY

BY: VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY

Page 2 of 2 COUNCIL COMMUNICATION )ATE: I SUBJECT: FINAL READING OF ORDINANCE NO. 2005-0-242 Amending the lease agreements with the Airport's Fixed Base Operators and Self Fuelers, as follows, increasing the Fuel Flow Fee Rate from $0.055 to $0.060 per gallon of aviation fuel received by the Airport's Fixed Base Operators and Self Fuelers at the Laredo International Airport; providing for an effective date.

I NlTlATED BY: Cynthia Collazo STAFF SOURCE: Jose L. Flores Deputy City Manager Airport Director

I JREVIOUS COUNCIL ACTION: On September 19, 2005, Ordinance was introduced by City ;ouncil, and Staff was instructed to proceed.

The current rate of $0.055 has been in effect since 1991. The Fuel Flow Fees payable to Airport shall be letermined by multiplying the gallons of aviation fuel received at the Laredo International Airport times the 'uel Flow Fee rate of $0.06 per gallon. The effective date of increase in rate shall be sixty (60) days from he date of the public hearing at which this Ordinance is approved and will be so until this Ordinance is mended by City of Laredo.

AIRPORT FUEL FLOW NAME FEE MCALLEN 0.0600 HARLINGEN 0.0400 CORPUS CHRIST1 0.0625

SAN ANTONIO 0.0500

EL PAS0 0.0600

LAREDO .0.0550 BROWNSVILLE 0.0600 Average 0.0554 FINANCIAL IMPACT: Fuel Flow fee Proiected Incremental Revenue Account Number 242-0000-361-1063 $ 35.000.00 COMMITTEE RECOMMENDATION: ( STAFF RECOMMENDATION: That this On August 8, 2005, the Airport Advisory Ordinance be approved Committee during the budget presentation recommended approval. ORDINANCE NO. 2005-0-242

AMENDING THE LEASE AGREEMENTS WITH THE AIRPORT'S FIXED BASE OPERATORS AND SELF FUELERS, AS FOLLOWS, INCREASING THE FUEL FLOW FEE RATE FROM $0.055 TO $0.060 PER GALLON OF AVIATION FUEL RECEIVED BY THE AIRPORT'S FIXED BASE OPERATORS AND SELF- FUELERS AT THE LAREDO INTERNATIONAL AIRPORT; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Airport Director recommends that the City Council approve the proposed Fuel Flow Fee rate increase from $0.055 to $0.060 per gallon of aviation fuel received and approve this Ordinance, in furtherance of the development of the Laredo International Airport and as a support to the maintenance and operation of the Laredo International Airport.

WHEREAS, the Airport Advisory Committee finds that said Ordinance is in the best interest of the Airport; 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: Definitions:

"Laredo International Airport" or "Airport": That certain area administered by City of Laredo pursuant to Indenture from the United States of America to the City of Laredo, dated February 21, 1975, and consisting of all the area bounded by Saunders Street to the South, McPherson Avenue to the West, to the East and undeveloped land to the North, and being more particularly described in that certain Deed of Indenture filed in Volume 478 at page 471 of the Deed of Records of Webb County, Texas, this also includes the Airport Director.

Section 2: The Fuel Flow Fees payable to Airport shall be determined by multiplying the gallons of aviation fuel received at the Laredo Intemational Airport times the Fuel Flow Fee rate of $0.06 per gallon. The effective date of increase in rate shall be sixty (60) days from the date of the public hearing at which this Ordinance is approved and will be so until this Ordinance is amended by City of Laredo.

Section 3: Fixed Based Operators and self-fuelers shall pay monthly to Airport the Fuel Flow Fee on or before the 15th day of the succeeding month for the prior month's operation without notice, demand, counterclaim, set off, deduction or defense and without abatement, suspension, deferment or diminution or reduction. The monthly payment shall be supported by a verified statement, in a form approved by Airport, showing the number of gallons received at the Airport. LAREDO INTERNATIONAL AIRPORT AMENDED FUEL FLOW FEE

Should Fixed Base Operator and or Self-Fueler fail to pay the Fuel Flow Fees when due, then interest at the maximum legal rate then payable in the State of Texas shall accrue from and after the date on which any such shall be due and payable, and such interest shall be paid to Airport. Acceptance of such late payment shall not be a waiver of any of the provisions or Airport's rights provided by this Ordinance or the Ordinances authorizing the license to dispense fuel at the Airport.

Section 4: Notwithstanding anything to the contrary contained herein, there are no exceptions, all hel received at the Airport by Fixed Base Operators and Self-Fuelers shall be included in the calculation for of the Fuel Flow Fee.

Section5: The City Manager be and is hereby authorized to implement the commercial aircraft landing fees and landing rate ordinance for the Laredo International Airport.

Section 6: This Ordinance shall become effective upon the expiration of sixty (60) days &om the date of the public hearing at which this Ordinance is approved, in accordance with Section 6.10 of the City Charter.

PASSED BY THE CITY COUNCIL AND APROVED BY THE MAYOR ON THIS THE DAY OF, 2005.

ELIZABETH G. FLORES MAYOR ATTEST:

GUSTAVO GUEVARq JR. CITY SECRETARY APPROVED AS TO FORM:

JAIME L. FLORES CITY ATTORNEY BY: I/& d b VAL RIA M. ACEVEDO ASSISTANT CITY ATTORNEY

Page 2 of 2 COUNCIL COMMUNICATION !DATE: ISUBJECT: FINAL READING OF ORDINANCE NO. 2005-0-243 uthorizing the City Manager to amend Ordinance No. 2002-0-195 dated 10-3-05 August 19, 2002, Establishing and Adopting Commercial Aircraft Landing ees and Landing Fee Rate for the Laredo International Airport, as follows: ncrease the Signatory Landing Fee rate from $0.60 to $0.75, add a Non- Signatory Non-Tenant airline category at a rate of $1.20 per thousand ounds gross landed weight; providing for an effective date.

I ITIATED BY:C Cynthia Collazo STAFF SOURCE: Jose L. Flores Deputy City Manager Airport Director

PREVIOUS ACTION: On September 19,2050, Ordinance was introduced by City Council, and Staffwas instructed to proceed.

BACKGROUND: This amendment applies to all commercial scheduled and non-scheduled passenger and cargo as well as air feeder line, supplemental air carrier, charter service and air taxi service.

survey of airports in our region revealed that Brownsville, McMen, Harlingen and Corpus Christi charge k0th fees to the commercial service airlines. Landing Fee (Signatory) Landing Fee Non-Signatory Landing Fee (Non-Signatory Non-Tenant) cAllen $0.80 $0.90 NIA arlingen 0.76 $0.92 NIA rownsville 0.52 $0.68 NIA orpus Christi 1.22 $1.53 NIA aredo 0.7S(proposed) $0.90 $ 1.20 (proposed) San Antonio 1.OO $1.00 NIA

on-Signatory Non-Tenant Airlines are those airlines without an agreement with the airport and are ypically charters with infrequent operations, it takes a greater effort to track and collect landing fees and anding reports from the non-signatory airlines.

he Airport is experiencing increased operating expenses to maintain and secure the airport, as well as, hnd capital improvements program.

FINANCIAL IMPACT : Landing Fee Revenues Account No. 242-0000-36 1-2061 Projected Incremental Revenues for FY 05-06: $120,000.00

COMMITTEE RECOMMENDATION: The Airport STAFF RECOMMENDATION: That the Cit: Advisory Committee recommends approval. Manager be authorized to implement said Ordinance. ORDINANCE NO. 2005-0-243

AMENDING ORDINANCE NO. 2002-0-195 DATED AUGUST 19. 2002, ESTABLISHING AND ADOPTING COMMERCIAL AIRCRAFT LANDING FEES AND LANDING FEE RATE FOR THE LAREDO INTERNATIONAL AIRPORT, AS FOLLOWS: INCREASE THE SIGNATORY LANDING FEE RATE FROM $0.60 TO $0.75, ADD A NON-SIGNATORY NON-TENANT AIRLINE CATEGORY AT A RATE OF $1.20 PER THOUSAND POUNDS OF GROSS LANDED WEIGHT; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Airport Director recommends that the City Council approve the proposed commercial aircraft landing fees and landing fee rate ordinance, in furtherance of the development of the Laredo International Airport and as a support to the maintenance and operation of the Laredo International Airport.

WHEREAS, the Airport Advisory Committee finds that said ordinance is in the best interest of the Airport and recommends that the City Council approve the proposed ordinance; and

WHEREAS, the City Council of the City of Laredo having heard the recommendations of the Airport Director and of the Auport Advisory Committee agrees with same.

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

Section 1 : Definitions:

"Laredo International Airport" or "Airport": That certain area administered by City of Laredo pursuant to Indenture from the United States of America to the City of Laredo, dated February 21, 1975, and consisting of all the area bounded by Saunders Street to the South, McPherson Avenue to the West, Lake Casa Blanca to the East and undeveloped land to the North, and being more particularly described in that certain Deed of Indenture filed in Volume 478 at page 471 of the Deed of Records of Webb County, Texas, this also includes the Airport Director.

Airline: Any provider of scheduled or non-scheduled air carrier service to include air feeder line, supplemental air camer, charter service or air taxi service.

Commercial aircraft: Any aircraft operated either for passenger or cargo purposes on scheduled or non-scheduled flights, by a scheduled air carrier, an air feeder line, a supplemental air carrier, a charter service or an air taxi service.

Page 1 of 4 LAREDO INTERNATIONAL AIRPORT AMENDED LANDING FEE ORDINANCE

"Maximum certificated gross landing weight" the maximum landing weight approved by the Federal Aviation Administration, or its successor in duties, for landing that aircraft at Airport.

"Fee Landings" (in the singular, or in the plural form) the actual landings of aircraft by the Airline at Airport, whether such be in revenue, or non-revenue service, except those which return to Airport prior to landing at another airport for weather, mechanical, or emergency reasons.

"Signatory Airlines" shall mean those airlines, including code sharing or affiliates of such airlines, providing Air Transportation to and fiom the Airport that have executed agreements with Airport.

"Non-Signatory Tenant Airlines" shall mean those airlines, including code sharing or affiliates of such airlines, providing Air Transportation to and from the Airport that do not have an executed agreement with Airport with respect to paying and reporting landing activity and lease or sublease space at Airport.

"Non-Signatory Non-Tenant Airlines" shall mean those airlines. including code sharing or affiliates of such airlines. providing Air Transportation to and from the Airport that do not have an executed agreement with Airport with respect to paying and reporting landing activity and do not lease or sublease space at Airport.

Section 2: The Landing Fees shall be determined by multiplying the Land Fee Rate times the total number of thousand pounds of maximum certificated gross landing weight of Airline's aircraft making Fee Landings at Airport.

The Landing Fee Rate for Signatory Airlines shall be $0.75 (Seventy- Five Cents) beginning on Januaw 1. 2006 and will be so until this Ordinance is amended by City of Laredo.

The Landing Fee Rate for Non-Signatory Tenant Airlines shall be $0.90 (Ninety Cents) until this Ordinance is amended by City of Laredo.

The land in^ Fee Rate for Non-Signatory Non-Tenant Airlines shall be $1.20 (One Dollar and Twentv Cents) until this Ordinance is amended bv Citv of Laredo.

The effective date of increase in rate or new rate shall be sixty (60) days from the date of the public hearing at which this Ordinance is approved and will be so until this Ordinance is amended by City of Laredo.

Section 3: Airline shall hrnish to Auport on or before, the fifteenth (15~)day of each month, a written report, in a form approved by Airport, showing Airline's Fee Landings at Airport during the preceding month; such report shall include the number and the type of

Page 2 of 4 LAREDO INTERNATIONAL MRPORT AMENDED LANDING FEE ORDINANCE aircraft and the maximum certificated gross landing weight thereof and to include the net cargo landed and enplaned at Airport.

Section 4: Airline and ground Handling providers shall report to Airport on or before the fifteenth (15") day of each month for the preceding month, a written report, showing the number of aircraft landings by types of aircraft, for which it provided ground handling services of any kind, to include Airlines which do not have written agreements with Airport to use the Airport, and the names and addresses of operators of such aircraft.

Section 5: Is deleted.

Section 6: Airline shall pay to Airport the Landing Fees due for the preceding month within twenty (20) days of the succeeding month If Airline fails to pay said Landing Fees when due and payable as stated, herein, then Airline shall pay interest to Airport, calculated at the rate of one and one half percent per month, calculated on a daily basis.

Section 7: Notwithstanding anything to the contrary contained herein, Airline shall not be exempt from paying Landing Fees on a particular landing or landings when the Airline purchased aviation l%el at Airport corresponding to that landing or landings and paid the Fuel Flowage Fee charged on he1 sales.

Section 8: The City Manager be and is hereby authorized to implement the commercial aircraft landing fees and landing rate ordinance for the Laredo International Airport.

Section 9: This Ordinance shall become effective upon the expiration of sixty (60) days from the date of the public hearing at which this Ordinance is approved, in accordance with Section 6.10 of the City Charter.

PASSED BY THE CITY COUNCIL AND APROVED BY THE MAYOR ON THIS THE DAY OF ,2005.

ELIZABETH G. FLORES MAYOR ATTEST:

GUSTAVO GUEVARq JR. CITY SECRETARY

Page 3 of 4 LAREDO INTERNATIONAL AIRPORT AMENDED LANDING FEE ORDINANCE

APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY

M-L44 VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION

SUBJECT: FINAL READING OF ORDINANCE 2005-0-244 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH WEBB COUNTY FOR THE CONSTRUCTION OF A SPLASH PARK AT FATHER McNABOE PARK AND IMPROVEMENTS AT LAFAYETTE AND FARIAS SPLASH PARKS; WHICH INTERLOCAL AGREEMENT IS ATTACHED AS EXHIBIT A; & AMENDING THE FY 2004-2005 PARKS CAPITAL GRANTS FUND TO APPROPRIATE REVENUES AND EXPENDITURES, PROVIDED BY WEBB COUNTY, IN THE AMOUNT OF $275,000.00 FOR THE SPLASH PARK CONSTRUCTION AT FATHER McNABOE PARK. I NlTlATED BY: STAFF SOURCE: -arty Dovalina, City Manager Miguel A. Pescador, Interim Parks and Recreation Director

JREVIOUS COUNCIL ACTION: rhis council item was introduced to City Council on September 19, 2005 and recommended for inal reading. 3ACKGROUND: ;ounty staff notified city staff that Webb County wished to enter into an interlocal agreement ~iththe City, for the purpose of Webb County doing the following:

I. To contribute $275,000 towards the construction of a Splash Park at Father McNaboe Park

. To install shade structure at Lafayette Splash Park [value of $30,000; and

3. To install shade structure at Farias Splash Park [value of $30,0001,

-1NANCIAL IMPACT: The Parks Capital Grants Fund Fiscal Year 2004 -2005 budget will be amended as follows: Annual Budget Proposed Amended FY 04-05 Amendment Budget 04-05 Parks Grant Fund: Revenues: FaMcNaboe Splash Park $0 $275,000.00 $275,000.00 (457-0000-325-0000)

Expenditures: FaMcNaboe Splash Park (457-3160-555- 0000)

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA Recommends approval. ORDINANCE 2005-0-244

AUTHORIZING THE CITY MANAGER TO ENTER MTO AN INTERLOCAL AGREEMENT WITH WEBB COUNTY FOR THE CONSTRUCTION OF A SPLASH PARK AT FATHER McNABOE PARK AND IMPROVEMENTS AT LAFAYETTE AND FARIAS SPLASH PARKS; WHICH INTERLOCAL AGREEMENT IS ATTACHED AS EXHIBIT A; & AMENDING THE FY 2004-2005 PARKS CAPITAL GRANTS FUND TO APPROPRIATE REVENUES AND EXPENDITURES, PROVIDED BY WEBB COUNTY, IN THE AMOUNT OF $275,000.00 FOR THE SPLASH PARK CONSTRUCTION AT FATHER McNABOE PARK.

WHEREAS, Webb County wishes to contribute $275,000.00 for the construction of a splash park to be located in the Father McNaboe Park; and

WHEREAS, Webb County wishes to purchase and install a shade structure in Farias Splash Park; and

WHEREAS, Webb County wishes to purchase and install a shade structure in Lafayette Park; and

WHEREAS, the City Council is requested to authorize an interlocal agreement with Webb County to achieve these benefits from Webb County to City of Laredo.

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

1. The City Manager is authorized to execute the interlocal agreement with Webb County in the form and content attached hereto as Exhibit A

2. It authorizes the City Manager to amend the FY 2004-2005 Parks Capital Grants Fund as follows:

Annual Budget Proposed Amended PY 04-05 Amendment Budget 04-05 Parks Capital Grants Fund: Revenues: FaMcNaboe Splash Park (457-0000-325-0000)

Expenditures: FaMcNaboe Splash Park ( 457-3 160-555-0000)

2. This Ordinance shall become effective upon passage thereof. PASSED AND APPROVED BY THE CITY COUNClL OF THE CITY OF LAREDO on this the day of ,2005.

ELIZABETH G. FLORES Mayor

ATTEST:

GUSTAVO GUEVARA City Secretary

APPROVED AS TO FORM:

JAIME L. FLORES INTERLOCAL AGREEMENT BETWEEN ClTY OF LAREDO AND WEBB COUNTY CONCERNING IMPROVEMENTS AT FATHER McNABOE PARK, FARIAS SPLASH PARK. AND LAFAYETTE SPLASH PARK

This interlocal agreement is made between the ClTY OF LAREDO, a municipal corporation and political subdivision of Texas (hereinafter called "City") and WEBB COUNTY, a political subdivision of the State of Texas (hereinafter called "County)

I. PREAMBLE

WHEREAS, City owns and maintains a municipal park called Father McNaboe Park; and

WHEREAS. Webb County wishes to contribute $275,000.00 to the construction of a splash park located in said park; and

WHEREAS, City owns and maintains a municipal park known as Farias Splash Park; and

WHEREAS, County wishes to purchase and install a shade structure-in said park at a cost estimated to be $30,000.00; and

WHEREAS, City owns and maintains a municipal park known as Lafayette Park; and

WHEREAS. County wishes to purchase and install a shade structure in said park at a cost estimated to be $30.000.00; and

WHEREAS, the parties would like to make a memorandum of this agreement under the aegis of Section 791.001 et. seq. of the Local Government Code, Texas Interlocal Cooperation Act, so that County is assured that the money contributed will be expended for the purpose specified;

NOW, THEREFORE, in consideration of the conditions and provisions set forth herein, the parties hereto agree as follows:

A McNaboe Park

1 Webb County will contribute, subject to approval of plans and specifications by the Webb County Commissioners Court (which said approval will not be unreasonably withheld), up to the sum of $275,000.00 toward the cost of construction only of a splash park at the Father McNaboe Park at the locations shown on the attached Exhibit "A". If the eventual cost of constructing the splash park at that location should prove to be in excess of that sum, then City shall bear the difference.

2 City will insure construction of the splash park at the locations shown on the attached Exhibit "A,"

3 County will pay the City for the cost of construction up to a maximum of $275,000.00 on receipt of billing showing construction costs at the location shown on the attached Exhibit "A". [-..I [-..I EXHIBIT 4 After completion City will be responsible for the maintenance and upkeep of the splash park at the location shown on Exhibit "A" at its own cost and expense.

B Farias Splash Park

1 County will purchase and install an approximately 44 ft x 100 ft 6 post steel frame. powder coated finish, high density polyethylene shade cloth structure for shade improvements at the Farias Splash Park as described on the attached Exhibit "B".

2 The structure shall generally conform to the specifications set forth herein and shown on the attached Exhibit "D". The estimated that the cost of the structure is $30,000.00, but County will be responsible for the final cost of same, whatever it should be.

3 After the installation of the structure, ownership and all warranties shall be transferred to the City and the City will be responsible for the maintenance and upkeep of the structure at City's own cost and expense.

C Lafayette Splash Park

1 Webb County will purchase and install an approximately 44 ft x 100 ft 6 post steel frame, powder coated finish, high density polyethylene shade cloth structure for shade improvements at the Lafayette Splash Park described on the attached Exhibit "C".

2 The structure shall generally conform to the specifications set forth herein and shown on the attached Exhibit "DM.The estimated that the cost of the structure is $30,000.00, but County will be responsible for the final cost of same, whatever it should be.

3 After the installation of the structure ownership and all warranties shall be transferred to the City and the City will be responsible for the maintenance and upkeep of the structure at City's own cost and expense

4 Notices to the parties hereto required or appropriate under this agreement shall be deemed sufficient if in writing and mailed or personally delivered to:

To the County: Hon. Louis H. Bruni Webb County Judge 1000 Houston St. 3rdFloor Laredo, Texas 78040

To the City: Mr. Larry Dovalina. City Manager 11 10 Houston Laredo, Texas 78040

5 Each of the undersigned represents and warrants that he has the authoritv to sign this interlocal agreement for his'respective governing body, as evidenced by the referenced authorizations noted in the next paragraph.

6 Inconsistencies. Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements that are made a part hereof by reference or otherwise, the provisions of this Agreement shall control. 7 Severability. Each paragraph and provision hereof is severable from the entire Agreement and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect.

8 Prohibition against Assignment. There shall be no assignment or transfer of this Agreement without the prior written consent of both parties hereto.

9 Law of Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and shall be enforced in the Webb County, Texas.

10 Notices. All notices called for or contemplated hereunder shall be in writing and shall be deemed to have been duly given when personally delivered or forty eight (48) hours after mailed to each party by certified mail, return receipt requested, postage prepaid.

1 1 Entire Agreement. This Agreement incorporates all the agreements, covenants, and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, agreements, and understandings have been merged into this written Agreement. No other prior agreement or understandings, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless signed by both parties and attached hereto andlor embodied herein.

12 Amendment. No changes to this Agreement shall be made except upon written agreement of both parties.

1 3 Headings. The headings used herein are for convenience of reference only and shall not constitute a part hereof or affect the construction or interpretation hereof.

14 Waiver. The failure on the part of any party to exercise or to delay in exercising, and no course of dealing with respect to any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies provided herein are cumulative and not exclusive of any remedies provided by law or in equity, except as expressly set forth herein.

1 5 Counterparts. This Agreement may be executed in any number of and by the different parties hereto on separate counterparts, each of which when so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same document.

16 Terminology and Definitions. All personal pronouns used herein, whether used in the masculine, feminine, or neutral, shall include all other genders; the singular shall include the plural and the plural shall include the singular.

17 Rule of Construction. The parties hereto acknowledge that each party and its legal counsel have reviewed and revised this agreement, and the parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this agreement or any amendments or exhibits hereto.

18 Immunity. Neither party to this agreement waives or relinquishes any immunity or defense on behalf of themselves, their trustees, commissioners, offices, employees and agents as a result of the execution of this Agreement and performance of the functions and obligations described herein.

1 9 Legal Compliance. The parties hereto agree to comply fully with all applicable federal, state and local statutes, ordinances, rules, and regulations in connection with the programs contemplated under this agreement. In the event that any of the parties hereto are required by law or regulation to perform any act inconsistent with this agreement, or to cease anyact required by this agreement, this agreement shall be deemed to have been modified to conform with the requirements of such law, regulation or rule.

20 This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed.

This agreement was authorized by the Commissioners' Court of Webb County on the - day of , 2005, and by the City Council of the City of Laredo on the - day of ,2005

SIGNED, in duplicate originals on this the -day of ,2005.

Webb County City of Laredo

Louis H. Bruni Larry Dovalina County Judge City Manager

ATTEST: ATTEST:

Margie Ramirez Gustavo Guevara, Jr. County Clerk City Secretary

APPROVED AS TO FORM: APPROVED AS TO FORM:

Homero Ramirez Anthony C. McGettrick Webb County Attorney Assistant City Attorney .BY law, the county~tt~~~~'~ omcc may only adrire or appovc contracts a lrgrl dmumnu on behalf ofiu rlirnts It mynot rdrirc or appmrc a conuacr or lcgol hums onbchalfofofhcrpanis. Ourrrvicwofthir documnl wsconduclrd rolelg hmthc lcgml pm~((Lirtof our ClieB. Ow nppmual of chi3 dorvmnl war oltrrsd ralrly for thc bcnrfit at our client. mhapanics rhavld "at rely on this wpovai, and rhavld seek rcviw and appmrai aftheir own rup*irc ant0rn.fi"). COUNCIL COMMUNICATION DATE: SUBJECT: Final Reading I Ordinance #2005-0-245

Amending the City of Laredo 2004-2005 Annual Budget by decreasing revenues in the amount of $30,252 and accepting a grant awarded by the Office of the Governor, Criminal Justice Division in the amount of $49,748 for the 2005-2006 Violence Against Women Grant. The Office of the Governor is contributing $49,748 with the City designating $106,745 in matching funds for a total grant amount of $156,493. This funding will be used for the Domestic Awareness Response Team Program under the Violence Against Women Act (VAWA) for the period of September 01,2005 through August 31,2006. I INITIATED BY: STAFF SOURCE: Cynthia Collazo Agustin Dovalina,lll Assistant City Manager Chief of Police PREVIOUS COUNCIL ACTION:

ACTION PROPOSED: That City Council approved this ordinance

BACKGROUND: This grant pays salaries, fringe benefits, and supplies for two investigators. The main objective of this project is to assign two investigators to follow up on domestic violent cases that involve women. The Domestic Awareness Response Team works in conjunction with other agencies within the domestic violence enforcement community. Some examples of these are the District Attorney's office, Child Protective Services and SCAN.

FINANCIAL: Proposed Proposed Onainal Budget Amended Buduet Budaet Amendment Revenues: CJD 80.000 49,748 (30,252) Local Match I TF from GF 19.857 106.745 8S.888 Total Revenues 99,857 156,493 56.636 1 Expenditures: VAWA 05-06 I Total Expenditures Note: The deueased CJD revenues by $30.252 will be covered from savings in TF-IN from GF in Special Police Fund-The additional funds neededfor ~acalMat* in ths amount of I56.636ate budgeted in the ne* FY 05- Budget.

RECOMMENDATION: STAFF: Recommends that Council approve this ordinance. ORDINANCE #2005-0-245

Amending the City of Laredo 2004-2005 Annual Budget by decreasing revenues in the amount of $30,252 and accepting a grant awarded by the Office of the Governor, Criminal Justice Division in the amount of $49,748 for the 2005-2006 Violence Against Women Grant. The Office of the Governor is contributing $49,748 with the City designating $106,745 in matching funds for a total grant amount of $156,493. This funding will be used for the Domestic Awareness Response Team Program under the Violence Against Women Act (VAWA) for the period of September 01, 2005 through August 31,2006.

Whereas, the Office of the Governor, Criminal Justice Division and the Laredo Police Department will provide two investigators that will investigate violent crimes against women: and

Whereas, the City Manager is authorized to apply for, accept, reject, alter or terminate this grant on behalf of the City of Laredo; and

Whereas, this grant will pay for $49,748 of salaries, fringe benefits, and supplies for these two LPD Investigators, and the City of Laredo Police Dept. will pay $106,745 in cash match; and

Whereas, the Office of the Governor, Criminal Justice Division will support this grant for a ninth year if goals have been accomplished; and

Whereas, the City of Laredo has agreed that in the event of loss or misuse of the Criminal Justice Division funds, the City of Laredo assures that the funds will be returned to the Criminal Justice Division in full; and

Whereas, the decreased CJD revenues of $30,252 will be covered from savings in the 04-05 Transfer-In from GF in the Special Police Fund. The additional amount needed for Local Match in the amount of $56,636 is budgeted in the FY 05-06 Budget.

NOW, THEREFORE, BE IT ORDAINED BY THE ClTY COUNCIL OF THE ClTY OF LAREDO THAT: Section 1 : The City of Laredo 04-05 Annual Budget be amended in the amount of $30,252 for a grant awarded by the Criminal Justice Division, Office of the Governor. The Office of the Governor is contributing $49,748 with the City designating $106,475 in matching funds for a total grant amount of $156,493. This funding will be used for the Domestic Awareness Response Team Program under the Violence Against Women Act (VAWA) for the period of September 1,2005 through August 31, 2006.

Section 2: It authorizes the City Manager to execute all necessary documents to obtain said grant and to effectuate its terms. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETA5- COUNCIL COMMUNICATION DATE: SUBJECT: Final Reading 2005-0-246

Amending Ordinance No. 92-0-194, dated November 23, 1992, which authorized the City of Laredo Police Department to charge designated fees for copies of case reports and traffic accident reports, and for arrest record searches and letters relating to thereof, fingerprint work and validating of taxicab meters to increase each fee designated therein; providing for publication and effective date.

I INITIATED BY: STAFF SOURCE: Cynthia Collazo Anustin Dovalina,lll ~ssistantCity Manager chief of police PREVIOUS COUNCIL ACTION: City Council approved Ordinance No. 92-0-194. ACTION PROPOSED: City Council approve this Public Hearing I lntroductory Ordinance and amend Section 1: Subsection (A) - (G) of the Police Department to charge designated fees to cover the actual cost of reproduction, record search or work involved.

BACK GROUND:

The City Council passed Ordinance No. 92-0-194 on November 23, 1992 authorizing the Police Department to charge designated fees for copies of case reports, traffic accident reports, arrest record searches, fingerprint work, validation of taxicab meters etc ...

Prior to this the City of Laredo City Council approved Ordinance No. 89-0-208, which listed the rates the Laredo Police Department could charge for these services. It has been approximately thirteen years since the last rate was changed.

FINANCIAL :

The proposed budget for fiscal year 2005-2006 includes the approximate revenue increase in the amount of $59.082.

RECOMMENDATION: STAFF: Recommends the approval of this Public Hearing Ilntroductory Ordinance ORDINANCE 2005-0-246

Amending Ordinance No. 92-0-194, dated November 23, 1992, which authorized the City of Laredo Police Department to charge designated fees for copies of case reports and traffic accident reports, and for arrest record searches and letters relating to thereof, fingerprint work and validating of taxicab meters to increase each fee designated therein; providing for publication and effective date.

Whereas, the Chief of Police has determined that the fees authorized by Ordinance No. 92-0-194, dated November 23, 1992 for case reports and traffic accident report copies, arrest record searches, fingerprint work, validation of taxicab meters, etc., are insufficient to cover the present cost of reproduction or record search; and

Whereas, The Chief of Police recommends that the fees authorized by Ordinance No. 92-0-194, dated November 23, 1992, as described above, be increased to offset some of the cost in providing the above listed service at the Police Department.

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

Section 1: Subsection (A) - (G) of Section 1 of Ordinance No. 92-0-194 dated November 23, 1992, which authorized the City of Laredo Police Department to charge designated fees for certain copies, record searches and work, be and are hereby amended to read as follows:

A. The Police Department is hereby authorized to charge a fee of &t4e&UQ $5.00 five dollars for each case report.

B. The Police Department is hereby authorized to charge a fee of -$6.00 six dollars for each traffic accident report.

C. (1) A fee of i+e&B4Q tkve$a-QQ) $8.00 eight dollars will be charged to Individuals requesting an arrest record search and providing a form or letter stating the results of the search were negative.

(2) A fee of 0fseveR$F8Bf $8.00 eight dollars will be charged to Individuals requesting an arrest record search and for providing a form or letter stating the result of the search were positive and listing all offenses, dates, and dispositions.

D. The Police Department is hereby authorized to charge a fee of (sw$&€Q @@AWMQ$10.00 dollars for any fingerprint work performed. E. A fee of @w-$MQ$3.00 three dollars will be charged for each additional certified copy of any report herein.

F. No fees will be charged to governmental agencies requesting any of the information or services noted herein.

G. The Police Department is hereby authorized to charge a fee of (Twwty 2W3Qj $25.00 twenty five dollars for any street campaign permits issued

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2005.

ELIZABETH G. FLORES MAYOR ATTEST: CITY COUNCIL COMMUNICATION Date: SUBJECT: FINAL READING OF ORDINANCE 2005-0-247 10-03-05 AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE AN AMENDMENT TO FEDERAL TRANSIT ADMINISTRATION (FTA) OPERATING GRANT TX-90-X664-01 TO INCREASE GRANT BY $1,016,596.00 FROM $2,081,869.00 TO $3,098,465.00; AND AMEND THE TRANSIT SYSTEM'S OPERATING BUDGET BY INCREASING THE FISCAL YEAR 2004-2005 FTA OPERATING GRANT CONTRIBUTION AND DECREASING THE TRANSIT SALES TAX MATCH FOR OPERATIONS BY $1,016,596.00 AND PROVIDING FOR GRANT FUNDS TO BE DEPOSITED IN THE CITY OF LAREDO TRANSIT FUNDS. INITIATED BY: STAFF SOURCE: Lany Dovalina, City Manager Ronald Moore, General Manager

PREVIOUS BOARD ACTION: [n City Council meeting of June 6,2005, Council authorized the City Manager to accept and execute Srant TX-90-X664.

)ue to the delay in the passage of the Transportation Equity Act for the 21" Centmy (TEA-21), the FY !005 FTA apportionments were partially distributed earlier this year. With the passage of TEA-21 in iugust, the FY 2005 funds have been restored to the fully allocated amounts.

FINANCIAL: Budget Proposed Budget Amendment Budget El Metro Operations levenues: 3perating Grant $2,08 1,869.00 1,016,596.00 $3,098,465.00 rransfer in/Sales Tax $5,198,078.00 (1,016,596.00) $4,181,482.00 rransit Sales Tax 5xpenditures: rransfer ouWOperations $5,198,078.00 (1,016,596.00) $4,18 1,482.00 leserve Appropriation $1,060,796.00 1,016,596.00 $2,077,392.00

TRANSIT COMMITTEE: STAFF RECOMMENDATION: tern was reviewed by theTransit Committee on Staff recommends approval of this ordinance. September 8,2005. ORDINANCE NO 2005-0-247.

AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE AN AMENDMENT TO FEDERAL TRANSIT ADMINISTRATION (FTA) OPERATING GRANT TX-90-X664-01 TO INCREASE GRANT BY $1,016,596.00 FROM $2,081,869.00 TO $3,098,465.00; AND AMEND THE TRANSIT SYSTEM'S OPERATING BUDGET BY INCREASING THE FISCAL YEAR 2004-2005 FTA OPERATING GRANT CONTRIBUTION AND DECREASING THE TRANSIT SALES TAX MATCH FOR OPERATIONS BY $1,016,596.00 AND PROVIDING FOR GRANT FUNDS TO BE DEPOSITED IN THE CITY OF LAREDO TRANSIT FUNDS.

WHEREAS, the City Council previously accepted and executed the Federal Operating Grant TX-90-X664 on June 6,2005; and

WHEREAS, the City Council authorizes the City Manager to accept and execute Grant TX-90-X664-01; and

WHEREAS, The City Council finds it to be in the best interests of the City of Laredo, Texas, to amend the Transit El Metro Operations budget and Transit Sales Tax budget.

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

Section 1. Authorizing the City Manager to accept and execute budget amendment to the Federal Grant TX-90-X664-01 in the amount of $1,016,596.00; and

Section 2. the City Manager is authorized to execute all necessary documents relating the said Grant; and

Section 3. the City's Federal Transit Administration Grant contribution is increased from $2,081,869.00 to $3,098,465.00; and

Section 4. the City's sales tax match for transit operating expenses is decreased from $5,198,078.00 to $4,181,482.00; and

Section 5. the grant funds shall be deposited in the City of Laredo Transit Fund. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM:

JAIME L. FLORES CITY ATTORNEY

ASST. CITY ATTORNEY COUNCIL COMMUNICATION

SUBJECT: FINAL READING OF ORDINANCE #2005-0-248 Closing as a public easement that section of the 300 block of North New York Avenue between Chacon and Piedra China Streets, situated in the Eastern Division, City of Laredo, County of Webb, Texas, and providing for an effective date.

INITIATED BY: STAFF SOURCE: CYNTHIA COLLAZO ANGEL0 FERRAZZANO Deputy City Manager Real Estate Manager

PREVIOUS COUNCIL ACTION: On September 19, 2005, this ordinance was introduced by the City Council.

PROPOSED ACTION: The City is proposing to close as a public easement the above-mentioned street. The proposed street closure is a platted, unopened street which has been physically closed with a metal steel barricade for several years. Therefore, its closure will not have any adverse effect on the traffic circulation. There is no anticipation by City staff that said street will ever be used as a thorough- fare street.

The proposed closure is located between Blocks 1713 and 1782, Eastern Division. These properties are City owned and are being considered for an affordable housing project. Should the proposed closure be approved, the street portion will be incorporated as part of the project. The City will retain all necessary existing easements upon its closure. Staff recommends that said street be closed.

On September 1, 2005, a public hearing was held before the Planning and Zoning Commission. The Planning and Zoning Commission voted in favor of the proposed closure.

On September 14, 2005, a memorandum was provided to the Street Closing Committee members with the above information.

1FINANCIAL IMPACT: None

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA Staff recommends passage of this Ordinance. ORDINANCE #2005-0-248

CLOSING AS A PUBLIC EASEMENT THAT SECTION OF THE 300 BLOCK OF NORTH NEW YORK AVENUE BETWEEN CHACON AND PIEDRA CHINA STREETS SITUATED IN THE EASTERN DIVISION, ClTY OF LAREDO, WEBB COUNTY, TEXAS AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City Manager recommends that the City Council close as a public easement that section of the 300 block of North New York Avenue between Chacon and Piedra China Streets situated in the Eastern Division, City of Laredo, County of Webb; and

WHEREAS, the proposed closure will not adversely affect the traffic flow; and

WHEREAS, the City of Laredo is the sole abutting property owner of the above-mentioned street; and

WHEREAS, the City Council finds that it is in the best interest of the City of Laredo to close as a public easement that section of the 300 block of North New York Avenue between Chacon and Piedra China Streets situated in the Eastern Division, City of Laredo, County of Webb.

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

1. That section of the 300 block of North New York Avenue between Chacon and Piedra China Streets situated in the Eastern Division, City of Laredo, County of Webb; be and the same is hereby closed as a public easement, provided that the City retains the right to maintain, operate, repair and replace, by itself or by any licensee or a holder of a franchise from the City, any poles, wires, pipes, conduits, sewer mains, or any other facilities or equipment for the maintenance of operation of any utility now located in the street portion thereof closed as a public easement.

2. This Ordinance shall become effective upon passage thereof.

PASSED BY THE ClTY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2005. ELIZABETH G. FLORES Mayor

ATTEST:

GUSTAVO GUEVARA, JR. City Secretary

Asst. City Attorney 1621 46s

9A IOA IIA 2

v

///////IProposed Street Closing COUNCIL COMMUNICATION

DATE: SUBJECT: FINAL READING OF ORDINANCE #2005-0-249 Closing as a public easement a 34.55 sq. ft. (6.91' x 5') parcel of land, more 10/03/2005 or less, out of the 1300 block of Green Street between S. Stone Avenue and the former S. Loring Avenue; authorizing the sale of the "Surface Only" of said parcel of land at the market value of $82.92; and authorizing the City Manager to execute all necessary documents to effectively convey fee simple title to Patricia 0. Hernandez and providing for an effective date. Said parcel of land is being encroached upon by the improvements of the abutting property being the N 213 of Lot 7, Block 714, Eastern Division, City of Laredo, County of Webb, described in attached Exhibit "A".

INITIATED BY: STAFF SOURCE: CYNTHIA COLLAZO ANGEL0 FERRAZZANO Asst. City Manager Real Estate Manager

PREVIOUS COUNCIL ACTION: On September 19, 2005, this ordinance was introduced by the City Council.

BACKGROUND: City Council Resolution No. 95-0-019 authorizes the sale andlor lease of street right-of-way in cases where encroachments onto public right-of-way create undue legal and financial hardships upon certain property owners.

Ms. Patricia 0. Hernandez, owner of the North 213 of Lot 7, Block 714, Eastern Division, has requested that the City consider selling her a 34.55 sq. ft. (6.91' x 5') parcel of land, more or less, out of the 1300 block of Green Street between S. Stone Avenue and the former S. Loring Avenue, which is being encroached upon by the improvements located on the public right-of-way. Ms. Hernandez is experiencing a hardship in selling her property to a potential buyer because of a title defect caused by the encroachment.

The Real Estate Division has reviewed this request and recommends the closing and conveyance of this parcel. City staff finds this request feasible, and if approved by the City Council, will be in compliance with the City of Laredo's Long Range Thoroughfare Plan.

Memorandums were circulated to City Departments and utility companies and no objections were noted. Based on a recent appraisal report, the market value of the above mentioned parcel is $82.92 (34.55 sq. ft. @ $2.40 per sq. ft.). Ms. Hernandez has accepted the City's offer to purchase the "Surface Only" of the above mentioned parcel at the total market value of $82.92.

FINANCIAL IMPACT: Sale of land. General Fund Account #101-0000-374-1101. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA Recommends passage of this Ordinance. ORDINANCE #2005-0-249

CLOSING AS A PUBLIC EASEMENT A 34.55 SQ. FT. (6.91' X 5') PARCEL OF LAND, MORE OR LESS, OUT OF THE 1300 BLOCK OF GREEN STREET BETWEEN S. STONE AVENUE AND THE FORMER S. LORING AVENUE, AUTHORIZING THE SALE OF THE "SURFACE ONLY" OF SAlD PARCEL OF LAND AT THE MARKET VALUE OF $82.92 AND AUTHORIZING THE ClTY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTIVELY CONVEY FEE SIMPLE TITLE TO PATRICIA 0. HERNANDEZ AND PROVIDING FOR AN EFFECTIVE DATE. SAlD PARCEL OF LAND IS BEING ENCROACHED UPON BY THE IMPROVEMENTS OF THE ABUTTING PROPERTY BEING THE NORTH 213 OF LOT 7, BLOCK 714, EASTERN DIVISION, ClTY OF LAREDO, COUNTY OF WEBB, DESCRIBED IN ATTACHED EXHIBIT "A.

WHEREAS, on February 2, 1995, City Council passed Resolution No. 95-R-019 incorporating into the Street ClosinglSales Policy Handbook, as Section 8, specific provision for the sale andlor lease of street right-of-way where encroachments upon public right-of-way are in existence and authorizing the City Manager, by a separate ordinance to execute all necessary documents for the conveyance; and

WHEREAS, Patricia 0. Hernandez has requested that the City consider the conveyance of a 34.55 sq. ft. (6.91' x 5') parcel of land, more or less, out of the 1300 block of Green Street between S. Stone Avenue and the former S. Loring Avenue being encroached upon by the improvements of the abutting property being the North 213 of Lot 7, Block 714, Eastern Division, City of Laredo, County of Webb, Texas; and

WHEREAS, said encroachment is causing undue hardship to the owner attempting to clear title defects to her property in order to convey her property to a potential buyer; and

WHEREAS, based on an appraisal report submitted on a 231.45 square feet (0.0053 ac.) more or less, parcel of land out of and part of the Green Street right-of-way, abutting property being North 213 of Lot 9, Block 714, Eastern Division, by a certified real estate appraiser, the market value of the above- mentioned parcel of land has been determined to be $82.92; and

WHEREAS, the Real Estate Division has processed the request and finds that the closing and conveying of the above-mentioned parcel is in accordance with the provisions of the Street ClosinglSales Policy Handbook, as amended; and WHEREAS, Patricia 0. Hernandez is willing and able to purchase the above-mentioned parcel of land at the market value of $82.92; and,

WHEREAS, the City Council finds that it is in the best interest of the City of Laredo to close as a public easement the above-mentioned parcel of land out of the 1300 block of Green Street between S. Stone Avenue and the former S. Loring Avenue and authorize the City Manager to execute all documents to effectively convey fee simple title to Patricia 0. Hernandez.

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

1. A 34.55 sq. ft. (6.91' x 5') tract of land, more or less, out of the 1300 block of Green Street between S. Stone Avenue and the former S. Loring Avenue being encroached upon by the improvements of the abutting property being the North 213 of Lot 7, Block 714, Eastern Division, City of Laredo, County of Webb, Texas, described in attached Exhibit "A, is hereby closed as a public easement.

2. That the sale of the "Surface Only" of said parcel of land at the market value of $82.92 is hereby authorized.

3. The City Manager is hereby authorized to execute all necessary documents to effectively convey fee simple title to Patricia 0. Hernandez.

4. This ordinance shall become effective upon passage thereof.

PASSED BY THE ClTY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2005.

ELIZABETH G. FLORES Mayor ATTEST:

GUSTAVO GUEVARA, JR. City Secretary

APPROVED TO FORM: Jaime L. FI s City Attor e

By: A HONY ETTRICK Asst. City Attorney

COUNCIL COMMUNICATION

DATE: SUBJECT: FINAL READING OF ORDINANCE 2005-0-250 10/03/2005 DESIGNATINGAS A ONE-WAY NORTHBOUND THE 1600,1700, AND 1800 OF MILMO AVENUE, BETWEEN MIER STREET AND LANE STREET, DURING THE PEAK HOURS OF 7:30 A.M. TO 900 A.M., AND 2:30 P.M. TO 4:00 P.M., MONDAY THRU FRDAY, DURING SCHOOL DAYS, PROVIDING FOR THE INSTALLATION OF APPROPRIATE SIGNS TO INDICATE ONE-WAY TRAFFIC IN THENORTH DIRECTION AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. INITIATED BY: STAFF SOURCE: Lany Dovalina, City Manager Roberto Murillo, P.E., P.T.O.E., Tr&c Director

PREVIOUS COUNCIL ACTION: Introductory Ordinance passed by City Council on 09-19-05.

BACKGROUND: M.S. Ryan Elementary School is under construction and moved students into the old Lamar Building located at 2502 Galveston Skeet.

M.S. Ryan Elementary School Principal approached the City of Laredo to consider designating Milmo Satas oneway in the north direction during school peak periods to minimize traffic conflicts and to provide impmved~ccirmlation in front of the school. Milmo Avenue is proposed to be designated a one-way street from Mier Street to Lane Street going northbonnd. Milmo Avenue will be primarily utilized for establishing drop off and pick up areas for the Pre- Kinderfider students and for 1" to 5h grade students at this temporary school campus. Lane street fiom west to east is already a one-way for the. Lamar students. There will be no entrance gates for children through Lane inorder to avoid traffic congestion.

The Tr&c Department visited the site during to the start of this school year and recently recommendations were prepared based on the observations during this visit. The effective hours for the one-way on Milmo Avenue will be between 7:30 a.m. to 9:00 a.m., and fiom 2:30 p.m. to 4:00 p.m., Monday thru Friday, during school days.

It is strongly recommended that peace officers to keep motorists fiom traveling in the opposite direction during designated hours, be stationed along to safely maintain the proposed one-way operation especially at the intersections near the drop off areas. See attached copy of letter of request and an aerial drawing of school site.

FINANCIAL IMPACT: Funding for the project will be obtained from the Street Signs Operating Budget.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Transportation & Traffic Safety Advisory Staff recommends introduction of this ordinance. Committee recommended approval. ORDINANCE 2005-0-250

DESIGNATING AS A ONE-WAY NORTHBOUND THE 1600,1700, AND 1800 OF MILMO AVENUE, BETWEEN MIER STREET AND LANE STREET, DURlNG THE PEAK HOURS OF 7:30 A.M. TO 9:00 A.M., AND 2:30 P.M. TO 4:00 P.M.. MONDAY THRU FRIDAY, DURING SCHOOL DAYS, PROVIDING FOR THE INSTALLATION OF APPROPRIATE SIGNS TO INDICATE ONE- WAY TRAFFIC IN THE NORTH DIRECTION AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, Milmo Avenue provides the main access to drop owpick up area for the temporary campus for M.S. Ryan Elementary School students; and creates many traffic conflicts because of the present two way street designation; and

WHEREAS, M.S. Ryan Elementary School Principal approached the City of Laredo to consider designating the street as one-way in the north direction in order to address some of their safety concerns pertaining to loading and unloading of school children: and

WHEREAS, the Traffic Safety Department, after proper analysis, had determined that the interest and safety of the children of M.S. Ryan Elementary will be improved by a change as a one-way in the northbound direction of the1600, 1700, and 1800 block of Milmo Avenue, between Mier Street and Lane Street during the peak designated hours, and;

WHEREAS, the Transportation and Traffic Safety Advisory Committee has recommended in favor of designating the 1600, 1700, and 1800 block of Galveston Street as a one-way street in the west direction during peaks school periods; and

WHEREAS, City Council of the City of Laredo has determined that the safety of the students will be improved by this one-way street designation.

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

SECTION 1: The 1600, 1700, and 1800 block of Milmo Avenue be designated as one-way northbound between Mier Street and Lane Street to be effective during the peak hours of 7:30 a.m. to 9:00 a.m. and 2:30 p.m. to 4:00 p.m., Monday thru Friday, during school days; and

SECTION 2: The installation and erection of appropriate signs giving notice thereof be and is hereby approved and authorized; and SECTION 3: The City Manager, Chief of Police, and the Director of Traffic Safety be and are hereby authorized to take necessary steps to cany out this ordinance; and

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

APPROVED BY THE MAYOR ON THIS DAY ,2005.

ELIZABETH G. moms MAY OR

ATTEST:

GUSTAVO GUEVARA CITY SECRETARY

APPROVED AS TO FORM: JAIME L. moms CITY ATTOW1

EST0 A. GARCIA eASST. CITY ATTORNEY $1. S. Ryan Elementary School

To MI.. Rolxr~,rl.lut.i!lo ~blr.Larry D{ivt~li~~:~

F~ori~,h.1. S. It~n.C;I~~;l~~itilr:/ . kl~.Yolafida i'cl-uz. Princip.11

Date: .August 12, 2005

Rc: Otic-Way S:~.cct.:

I-s!~:~!e~ilu h:~m \.I. S. Ryar Elcmcnlary I~avcj~~st.moved i:r to :hc Old Larn.~rRuildillg a! 2.5~12Gal~.~.stnti. I ;:I, rhe.ut'r!y ofour st:~d=n:s, rvs arc in nccd of safc drop-off roneh (itt \filiiii~ drccl fr,r ilur P?c-K:liiler xt:!! Kinder stude~itsand oLir I"-5"' ptic.stul!cnts L\'r art Lin:ll\. :t~itie~C~isF!ur assisldrlcc in n;nkinp llilnn street :I cne-way sircct hm i:~;Oat?:. to q:(;O ;; ni. !itr~lr!\tier :i: Lanc &]in$ norll~.SVc wcul~llikc the right sitir l,;'tho strcci :o Oc oscil Llr 1l.r::i.i :d'purp>:;csa:id tl!c ict? rid* of thc st:c;t io be lrsrct fnl. [parking. 'L'n~rcwill hc acuss 10 hf~lrnl?fit1111 hltcr. C;alvtst:~n znr! Gccncro.

In aclilitlon, wi: An rfnt %In! cars ti> trt~vcl.out;i frnnl Lane t,.? Llilmo arc ill ilccd of3 police car !I) susi?;r2s ill (lirauling pitrcnts cr!lc;ing !hrou& 1.anc to the othcr accchs strict3. L::nr' itrrct ,ri>lliXrst to E:IS! is already a i~nc-wayfor d~sL~II:~I stutfents. \t'e will II~~Ihave itrly zn~rariccgatcs !i,:chltfrcn thrcup!~I.ant: in nrdc: to avoid tr.,~ffic congestron.

W'ic that~kyoii !il ~Jv:nr:c f,:c you continued support ;mnd anlstin;: us in kucpiny our schooi a 5ak CIIVI~OItn..111 !i)r chlld:en.

COUNCIL COMMUNICATION

DATE: SUBJECT: FINAL READING OF ORDINANCE 2005-0-251 10/03/2005 DESIGNATING AS A ONE-WAY WESTBOUND THE 1200 AND 1300 BLOCK OF GALVESTON STREET, BETWEEN LORING AVENUE AND MCPHERSON AVENUE, DURING THE PEAK HOURS OF 7:00 A.M. TO 8:15 A.M., AND 2:30 P.M. TO 3:45 P.M., MONDAY THRU FRIDAY, DURING SCHOOL DAYS, PROVIDING FOR THE INSTALLATION OF APPROPRIATE SIGNS TO INDICATE ONE-WAY TRAFFIC IN THE WESTBOUND DIRECTION AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. INITIATED BY: STAFF SOURCE: Larry Dovalina, City Manager Roberto Murillo, P.E., P.T.O.E., TrafIic Engineer

PREVIOUS COUNCIL ACTION: Introductory Ordinance passed by City Council on 09-19-05.

BACKGROUND: St. Augustine Elementary School Principal forwarded a request to the City of Laredo to consider the conversion of the 1200 and 1300 block of Galveston Street into a one-way street westbound during peak school periods. The portion of the 1700 and 1800 blocks of Loring Avenue on the east side of the campus, are already designated as a one-way in the north direction while the section of the 1700 and 1800blocks of McPherson Avenue on west side are already designated as a one-way street in the south direction. An increase in enrollment has generated an increase in the amount of pick-up and drop off of students on Galveston Street and the requested conversion would improve traffic flow during the peak school periods. The Traffic Safety Department has requested from the school principal to consider opening Loring Avenue from a one-way northbound to a two-way street to better complement the proposed change. In addition, the request to consider converting McPherson Avenue to a two-way street or one-way in the north direction was also discussed to complement the proposed one-way designation.

The effective hours for the one-way direction on Galveston Street will be between 7:00 a.m. to 8:15 a.m., and from 2:30 p.m. to 3:45 p.m., Monday thru Friday, during school days.

It is strongly recommended that peace officers, to keep motorists from traveling in the opposite direction during designated hours, be stationed along the street to safely maintain the proposed one-way operation especially at the intersections at approaching the drop off areas. See attached copies of letter of request and an aerial drawing of school site. FINANCIAL IMPACT: Funding for the project will be obtained from the Street Signs Operating Budget.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Transportation & Traffic Safety Advisoly StafF recommends introduction of this ordiice. Committee recommended approval. ORDINANCE 2005-0-251

DESIGNATING AS A ONE-WAY WESTBOUND THE 1200 AND 1300 BLOCK OF GALVESTON STREET, BETWEEN LORING AVENUE AND MCPHERSON AVENUE, DURING THE PEAK HOURS OF 7:00 A.M. TO 8:15 A.M., AND 2:30 P.M. TO 3:45 P.M., MONDAY THRU FRIDAY, DURING SCHOOL DAYS, PROVIDING FOR THE INSTALLATION OF APPROPRIATE SIGNS TO INDICATE ONE-WAY TRAFFIC IN THE WESTBOUND DIRECTION AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, Galveston Street provides the main access to drop owpick up area for the St. Augustine Elementary and High School students; and creates many traffic conflicts because of the present two way street designation; and

WHEREAS, St. Augustine officials have approached the City of Laredo to consider designating the street as one-way in the west diiection during school peak periods in order to address some of their safety concerns pertaining to loading and unloading of school children; and

WHEREAS, the Traffic Safety Department, after proper analysis, had determined that the interest and safety of the children of Saint Augustine Elementary and High School will be improved by a change in the designation of a one-way westbound the1200 and 1300 block of Galveston Street, between Loring Avenue and McPherson Avenue, during the peak designated hours; and

WHEREAS, the Transportation and Traffic Safety Advisory Committee has recommended in favor of designating the 1200 and 1300 block of Galveston Street as a one-way in the west direction during school peak periods; and

WHEREAS, the City Council of the City of Laredo has determined that the safety of the students will be improved by this one-way diiection designation;

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

SECTION 1: The 1200 and 1300 block of Galveston Street be designated as one-way westbound between Loring Avenue and McPherson Avenue to be effective during the peak hours of 7:00 a.m. to 8:15 a.m. and 2:30 p.m. to 3:45 p.m., Monday thru Friday, during school days; and

SECTION 2: The installation and erection of appropriate signs giving notice thereof be and is hereby approved and authorized; and

SECTION 3: The City Manager, Chief of Police, and the Director of Traffic Safety be and are hereby authorized to take necessary steps to cany out this ordinance; and SECTION 4: This ordinance shall be published one time in an official newspaper in the City of Laredo and shall be in force and effect from and after the date of such publication.

APPROVED BY TBE MAYOR ON THIS DAY ,2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA CITY SECRETARY

APPROVED AS TO FORM:

ASST. CITY ATTORNEY The Honorable Betty Flores Mayor of the City of Laredo 1110 Houston Street Laredo, Texas 78040

August 29,2005

Dear Mayor Flores,

As we begin a new school year, we are thrilled that both St. Augustine Elementary and High School are at record enrollment; unfortunately, the increase in enrollment- nearly 80 new students and 50 new families- has caused quite a difficult traffic situation, especially at s:oo pm on Galveston Street.

I am writing to request information and your assistance in investigating the possibility of making Galveston a one-way street (east to west) on the 1300 and 1200 blocks during morning and afternoon peak hours (drop-off time is 7:00 am to 8:15 am and pick- up time is 2:+5 pm to s:OO pm). I know this was a perfect solution at Ryan Elementary School on Musser Street some years ago.

Please note that the city's trafic department has been very supportive of the school over the years. Loring and McPherson on each side of the schools are already "one-ways" permanently. And, last summer we put in +way stops at Galveston by the school which was most helpful in slowing down the traffic. We hope we can, once again, coordinate with the city for student safety.

Thank you for your time and attention to this matter.

Sincerely,

Olga P. Gentry Principal St. Augustine Elementary School

COUNCIL COMMUNICATION

DATE: SUBJECT: RESOLUTION 2005-R-049 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN 10/03/05 INTERLOCAL GOVERNMENT AGREEMENT WITH WEBB COUNTY, WHEREIN THE CITY OF LAREDO WILL DESIGN AND CONSTRUCT THE WATER AND SEWER IMPROVEMENTS FOR COLONIA TANQUECITOS I, AND WEBB COUNTY AGREES TO PAY THE COSTS OF DESIGN AND CONSTRUCTION OF SEWER IMPROVEMENTS ONLY, IN AN AMOUNT NOT TO EXCEED $500,000.00, WITH GRANT MONIES WEBB COUNTY RECEIVED FROM ORCA, TO BE SPENT IN COMPLIANCE WITH ORCA'S RULES AND REGULATIONS.

I INITIATED BY: STAFF SOURCE: Larry Dovalina, City Manager Pablo Martinez, Engineering Manager

I PREVIOUS COUNCIL ACTION: None

BACKGROUND: Webb County has been awarded a grant in the amount of $500,000.00 from the Office of Rural Community Affairs (known as "ORCA"), for community development purposes, which it wishes to use to provide sewer utilities to the Colonia Tanquecitos I. The City of Laredo, through the Colonias EDAP project is extending water and sewer lines to other Colonias along SH 359 including Tanquecitos I. Webb County shall be responsible for paying the cost of the design and construction of sewer improvements, in an amount not to exceed the amount of the grant received by ORCA, which will be spent in compliance with ORCA's rules and regulations.

I FINANCIAL IMPACT: None. 1 RECOMMENDATION: STAFF RECOMMENDATION: N/A To approve resolution. RESOLUTION NUMBER 2005-R-049

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL GOVERNMENT AGREEMENT WITH WEBB COUNTY, WHEREIN THE CITY OF LAREDO WILL DESIGN AND CONSTRUCT THE WATER AND SEWER IMPROVEMENTS FOR COLONIA TANQUECITOS I, AND WEBB COUNTY AGREES TO PAY THE COSTS OF DESIGN AND CONSTRUCTION OF SEWER IMPROVEMENTS ONLY, IN AN AMOUNT NOT TO EXCEED $500,000.00, WITH GRANT MONIES WEBB COUNTY RECEIVED FROM ORCA, TO BE SPENT IN COMPLIANCE WITH ORCA'S RULES AND REGULATIONS.

WHEREAS, this agreement is authorized by the Interlocal Cooperation Act, Chapter 791, Texas Government Code; and

WHEREAS, Webb County has been awarded a grant in the amount of $500,000.00 from the Office of Rural Community Affairs (known as "ORCA"), for community development purposes, which it wishes to use to provide sewer utilities to the Colonia Tanquecitos I; and

WHEREAS, the City of Laredo is currently funding the cost of water improvements to this and other Colonias along SH 359; and

WHEREAS, the City of Laredo will undertake the design and construction of water improvements for this colonia and the County shall be responsible for paying the cost of the design and construction of sewer improvements, in an amount not to exceed the amount of the grant received by ORCA, which will be spent in compliance with ORCA's rules and regulations.

NOW, THEREFORE, BE IT RESOLVED that the City of Laredo City Council does hereby approve the execution of an Interlocal Agreement with the Webb County, which is attached hereto as Exhibit "A" and incorporated in this resolution as if set out at length.

APPROVED BY THE MAYOR ON THIS THE DAY OF September, 2005.

Elizabeth G. Flores Mayor Gustavo Guevara, Jr. City Secretary

APPROVED AS TO FORM: Jaime L. Flores City Attorney BY: flu Valeria M. Acevedo Assistant City Attorney COUNCIL COMMUNICATION

- DATE SUBJECT: RESOLUTION NO. 2005-R-063 Accepting the donation of a 0.9183 acre (40,000 sq. ft.), more or less, parcel of land 10-03-05 from Killam Ranch Properties, Ltd., for the construction of an elevated water storage tank in the Northeast Laredo area. Said parcel of land being situated in Porcion 23, Abstract 283, City of Laredo, Webb County, Texas; as described by Metes and Bounds and Survey attached as Exhibits A and B.

INITIATED BY: STAFF SOURCE: Cynthia Collazo Angelo Ferrazzano Deputy City Manager Real Estate Manager

PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City of Laredo desires to construct an elevated water storage tank in the Northeast Laredo area.

In that regard, Killam Ranch Properties, Ltd., has expressed a willingness to donate the above- referenced land parcel to the City of Laredo for the construction of said elevated water storage tank.

In order to proceed with the construction of an elevated water storage tank in the Northeast Laredo area, it is in the best interest of the City of Laredo to accept the donation of the above-referenced parcel of land fiom Killam Ranch Properties, Ltd., as described on attached Exhibits A and B.

FINANCIAL IMPACT: Land. Acct. 991 -0000-161-0000

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA Staff recommends approval of Resolution. RESOLUTION NO. 2005-R-063

ACCEPTING THE DONATION OF A 0.9183 ACRE (40,000 SQ. FT.), MORE OR LESS, PARCEL OF LAND, FROM KILLAM RANCH PROPERTIES, LTD., FOR THE CONSTRUCTION OF AN ELEVATED WATER STORAGE TANK IN THE NORTHEAST LAREDO AREA. SAID PARCEL OF LAND BEING SITUATED IN PORCION 23, ABSTRACT 283, CITY OF LAREDO, WEBB COUNTY, TEXAS; AS DESCRIBED BY METES AND BOUNDS AND SURVEY ATTACHED AS EXHIBITS A and B.

WHEREAS, the City of Laredo desires to construct an elevated water storage tank in the Northeast Laredo area; and,

WHEREAS, in that regard, Killam Ranch Properties, Ltd., has expressed a willingness to donate the above-referenced parcel of land to the City of Laredo for the construction of said elevated water storage tank ; and,

WHEREAS, in order to proceed with the construction of an elevated water storage tank in the Northeast Laredo area, it is in the best interest of the City of Laredo to accept the donation of the above-referenced parcel of land from Killam Ranch Properties, Ltd., Laredo, as described on attached Exhibits A and B.

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

A. It hereby accepts the donation of a 0.9183 acre (40,000 sq. ft.), more or less, parcel of land, fkom Killam Ranch Properties, Ltd, for the construction of an elevated water storage tank in the Northeast Laredo area. Said parcel of land being situated in Porcion 23, Abstract 283, City of Laredo, Webb County, Texas; as described by Metes and Bounds and Survey attached as Exhibits A and B. B. This Resolution shall become effective upon passage thereof

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS, THE DAY OF 2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR CITY SECRETARY

APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY

By: JAIME L. FLORES CITY ATTORNEY STATE OF TEXAS COUNTY OF WEBB

A TRACT OF LAND CONTALM[NG 0.9183 ACRES (40,000.0 square feet), more or less, situated in Porcion 23, Leonardo Sanches, Original Grantee, Abstract 283, Webb County, Texas, said 0.9183 acre tract being out of a Killam Ranch Properties, Ltd. tract commonly known as Tract K-1 as per deed entitled "Conveyance of Remainder Interest" dated August 19, 1997 and recorded in Volume 540, Page 632, Official Public Records of Webb County, Texas, this 0.9183 acre tract being more particularly described as follows:

COMMENCING for a comer tie at a %" diameter iron rod with a cap marked "FEC" set at the intersection of the easterly right-of-way line of Loop 20 (150' ROW at this point) as per Warranty Deed dated December 6, 1993 from the City of Laredo to the State of Texas and recorded in Volume 169, Page 597, Official Public Records of Webb County, Texas and the northerly line of a 75' wide Central Power and Light Co. easement (69 KV Line Laredo to Freer) as per deed dated July 21,1985 and recorded in Volume 333, Page 351, Deed Records of Webb County, Texas;

THENCE N69"58'10"E along the northerly line of said 75' wide CPL easement, a distance of 2682.66' to a %" iron rod found for the TRUE PLACE OF BEGINNING and the most southerly comer of this 0.9183 acre tract;

THENCE N2O0Ol'50"W, a distance of 200.00' to a !h" diameter iron rod found for the most westerly comer hereof;

THENCE N69"58'10"E, a distance of 200.00' to a %" diameter iron rod found for the most northerly comer hereof;

THENCE S2Oo01'50"E, a distance of 200.00' to a !4" diameter iron rod found for the most easterly comer hereof;

THENCE S69"58'10"W, along the northerly line of aforementioned 75' wide CPL easement, a distance of 200.00' to the TRUE PLACE OF BEGINNING of this 0.9 183 acre, more or less, ttact.

NOTE: Basis of beatings are as per State Plane Coordinates Texas South Zone 4205 NAD-83.

STATE OF TEXAS COUNTY OF WEBB

I, John E. Foster, a Registered Professional Land Surveyor, do hereby certify that the foregoing metes and bounds description is true and correct to my best knowledge and belief and was prepared from an actual survey made on the ground on March 3 and June 16,2005 under my direction and from office records available.

WITNESS MY HAND AND SEAL THIS 16' DAY OF JUNE 2005.

[C]EXHIBIT

COUNCIL COMMUNICATION

DATE SUBJECT: RESOLUTION NO. 2005-R- 094 ACCEPTING THE DONATION OF ONE UTILITY EASEMENT FROM 10-03-05 MARGARITA RODRIGUEZ, ALBERT0 VILLA, ESTEBAN TREVINO, SOCORRO ROMERO, BRENDA NEWCOMB, AND ROBERTO GARZA, JR., FOR THE PUEBLO NUEVO SUBDIVISION EASEMENT ACQUISITION PROJECT. THIS BEING A 0.3457 ACRE, MORE OR LESS, PARCEL OF LAND WHICH IS OUT OF LOT XI, BLOCK 20, PUEBLO NUEVO SUBDIVISION, CITY OF LAREDO, WEBB COUNTY, TEXAS; AS DESCRIBED BY METES AND BOUNDS AND SURVEY A'ITACHED AS EXHIBITS A and B.

INITIATED BY: STAFF SOURCE: Cynthia Collazo Angelo Ferrazzano Deputy City Manager Real Estate Manager PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City of Laredo is in the process of extending utility services lines to the Pueblo Nuevo Subdivision, among other colonias, in conjunction with its Agreement with Webb County.

The extension of utility services lines to the Pueblo Nuevo Subdivision will expedite the delivery of water and sewer services to residents of that colonia.

In order to proceed with the extension of utility services lines to the Pueblo Nuevo Subdivision, it is in the best interest of the City of Laredo to accept the donation of the above-referenced utility easement, as described in the exhibits.

FINANCIAL IMPACT: Land. Acct. 557-0000-161-0000 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA , Staff recommends approval of Resolution. RESOLUTION NO. 2005-R-094

ACCEPTING THE DONATION OF ONE UTILITY EASEMENT FROM MARGARITA RODRIGUEZ, ALBERT0 VILLA, ESTEBAN TREVINO, SOCORRO ROMERO, BRENDA NEWCOMB, AND ROBERTO GARZA, JR., FOR THE PUEBLO NUEVO SUBDIVISION EASEMENT ACQUISITION PROJECT. THIS BEING A 0.3457 ACRE, MORE OR LESS, PARCEL OF LAND WHICH IS OUT OF LOT XI, BLOCK 20, PUEBLO NUEVO SUBDIVISION, CITY OF LAREDO, WEBB COUNTY, TEXAS; AS DESCRIBED BY METES AND BOUNDS AND SURVEY ATTACHED AS EXHIBITS A and B.

WHEREAS, the City of Laredo is in the process of extending utility services lines to the Pueblo Nuevo Subdivision, among other colonias, in conjunction with its agreement with Webb County; and

WHEREAS, the extension of utility services lines to the Pueblo Nuevo Subdivision, will expedite the delivery of utility services to residents of that colonia; and

WHEREAS, in order to proceed with the extension of utility services lines to the Pueblo Nuevo Subdivision, it is in the best interest of the City of Laredo to accept the donation of the above-referenced parcel of land as a utility easement, as described in attached Exhibits A & B.

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

A. It hereby accepts the donation of one utility easement from for the Pueblo Nuevo Subdivision Easement Acquisition Project. This being a 0.3457 acre, more or less, parcel of land which is out of Lot XI, Block 20, Pueblo Nuevo Subdivision, City of Laredo, Webb County, Texas; as described by metes and bounds on Exhibit A and by survey on Exhibit B. B. This resolution shall become effective on passage thereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON

THIS, THE DAY OF 2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR CITY SECRETARY

APPROVED AS TO FORM: JAIME L. FLORES/ CITY ATTORNEY

, By: /( TRACT 20-XI-El

STATE OF TEXAS COUNTY OF WEBB

A TRACT OF LAND CONTAINING 03457 ACRES, more or less, situated in Webb ' County, Texas, said 0.3457 acre tract being out of Lot XI, Block 20, Pueblo Nuevo Subdivision recorded in Volume 5, Page 19, Mrp, Recomls of Webb County, Texas, this 0.3457 acre tract being more particularly descnied by metes and bounds as fbllows:

BEGINM[NG at a %" diameter iron rod set with cap marked "FE(r' being the southeast comer of said Lot XI, Block 20 for the southeast comer of this 0.3457 am&tract;

THENCE due west, a distance of 2.30' to a W diameter iron rod set with cap marlred "FJ5C'' for the southwest corner of this 0.3457 acre tract and a non-tangent point of a curve to the left having aradius of 50.001,a central angle of 72'32'33" and a long chord of NS3O43'44'W - 59.16';

THENCE along the arc said curve to the left, a distance of 63.31 ' to a W diameter iron rod set with cap marked '??E?FEC' for a non-tangent point;

THENCE due north, a distance of 50.00' to a %"diameter ironrod set with cap marked 'FEE'' for an exterior corner hereog

THENCE due easf a distance of 35.00' to a '/i" diametairon rod setwith cap marked '73C"for a non-tangent point; . . THENCE due noah, a distance of 542.70' to a W diamefer iron md set with cap marked TEC" for a interior comer hereof;

THENCE due west, a distance of 233.46' to a %" diameter iron rod set with cap marked 'FIE'' for a non-tangent point of a cmeto the left having a radius of 50.00', a central angle of 45'34'23" and a long chord N67O12'49'W - 38.73';

I4EXHIBIT TRACT 20-=-El

THENCE along the arc of said curve to the left, a distance of 39.77' to a %" diameter iron rod set with cap marked "FEC" for a non-tangent point and the northwest corner haeof;

THENCE due east, a distance of 284.71' to a W diaineteriron rod set with cap marked "FEC"for the northeast comer hereoe

THENCE due south, a distance of 642.70' to the PLACE OFBEGINNING of this 0.3457 acre, more or less, tract of land.

Notes: 1. Existing plat does not show lot number for this lot. For purpose of this survey, "x" is shown as the lot number. 2. Basis of bearings taken fiom the west'line of Pueblo Nuevo Subdivision as recorded in Volume 5, Page 19 of the Map Records of Webb County.

STATE OF TEXAS COUNTY OF WEBB

I, Angusto F. Pen%a Registered Professional Land Surveyor, do hereby certify that the foregoing metes and bounds description is true and wrzect to my best knowledge and was prepared hman actual survey made on the ground, under my direction and bmoEce records available, without the benefit

WlTh%SS MYHAND AND SEAL

9

COUNCIL COMMUNICATION

DATE SUBJECT: RESOLUTION NO. 2005-R-095 ACCEPTING THE DONATION OF ONE UTILITY EASEMENT 10-03-05 FROM FRANCISCO GUERRA, JR., FOR THE EXTENSION OF UTILITY SERVICES LINES TO THE LAREDO RANCHETTES SUBDIVISION. THIS BEING A STRIP OF LAND CONTAINING 0.17 OF AN ACRE, MORE OR LESS, OUT OF FRANCISCO GUERRA, JR., 39.24 ACRE TRACT, PARCEL 3, AND BEING SITUATED IN PORCION 32, ABSTRACT 296, WEBB COUNTY, TEXAS, AS DESCRIBED BY METES AND BOUNDS AND SURVEY ATTACHED AS EXHIBITS A and B.

INITIATED BY: STAFF SOURCE: Cynthia Collazo Angelo Ferrazzano Deputy City Manager Real Estate Manager PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City of Laredo is in the process of extending utility services lines to the Laredo Ranchettes Subdivision, among other colonias, in conjunction with its Agreement with Webb County.

The extension of utility services lines to the Laredo Ranchettes Subdivision will expedite the delivery of water and sewer services to the residents of that colonia.

In order to proceed with the extension of utility services lines to the Laredo Ranchettes Subdivision, it is in the best interest of the City of Laredo to accept the donation of the above-referenced utility easement over the said parcel, as described in the exhibits.

FINANCIAL IMPACT: Land. Acct. 557-0000-161-0000 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Staff recommends approval of Resolution. RESOLUTION NO. 2005-R-095

ACCEPTING THE DONATION OF ONE UTILITY EASEMENT FROM FRANCISCO GUERRA, JR., FOR THE EXTENSION OF UTILILTY SERVICES LINES TO THE LAREDO RANCHETTES SUBDIVISION. THIS BEING A STRIP OF LAND CONATINING 0.17 OF AN ACRE, MORE OR LESS, OUT OF FRANCISCO GUERRA, JR., 39.24 ACRE TRACT, PARCEL 3, AND BEING SITUATED IN PORCION 32, ABSTRACT 296, WEBB COUNTY, TEXAS, AS DESCRIBED BY METES AND BOUNDS AND SURVEY ATTACHED AS EXHIBITS A and B.

WHEREAS, the City of Laredo is in the process of extending utility services lines to the Laredo Ranchettes Subdivision, among other Colonias, in conjunction with its Agreement with Webb County; and

WHEREAS, the extension of utility services lines to the Laredo Ranchettes Subdivision, will expedite the delivery of utility services to the residents of that area; and

WHEREAS, in order to proceed with the extension of utility services lines to the Laredo Ranchettes Subdivision, it is in the best interest of the City of Laredo to accept the donation of the above-referenced a utility easement, as described in attached Exhibits A&B.

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

A. It hereby accepts the donation of one utility easement fiom Francisco Guerra, Jr., for the extension of utility services lines to the Laredo Ranchettes Subdivision. This being a strip of land containing 0.17 of an acre, more or less, out of Francisco Guerra, Sr., 39.24 acre tract, Parcel 3, and being situated in Porcion 32, Abstract 296, Webb County, Texas, and described by metes and bounds on Exhibit A and by survey on Exhibit B. B. This resolution shall become effective on passage thereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON

THIS, THE DAY OF 2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR CITY SECRETARY

APPROVED AS TO FORM: JAIME L. FLOWS Howland Surveying Co., Inc., dba ... ..: .. ... HOWLAND ENGINEERING AND SURVEYING CO. Oil & Gas Locations ' Surveying * Land Development * Civil Design Foundations ' Geotechnical 'Construction Materials Testing 'Environmental

FIELD NOTES FOR 20' WIDE UTILITY EASEMENT-PARCEL 3 7,606 SQUARE FEET OR 0.17 ACRES

A STRIP OF LAND CONTAINING 0.17 ACRES, more or less, out of Francisco Guerra Jr., 39.24 Acre Tract, Parcel 3, recorded in Volume 565, Page 107, Webb County Deed Records, situated in Porcion 32, Antonio Trevino, Abstract 296, Webb County, Texas, and being more particularly described by metes and bounds as follows:

Commencing at 1/21) iron rod found at the southwest comer of said Francisco Guerra Sr. 39.24 Acre Tract, Parcel 2, thence N 00°19'45" W, a distance of 962.79 feet, thence S 85'57'51" E, a distance of 468.74 feet to a set %" iron rod on the common line of said Parcel 2 and Parcel 3 the southwest comer hereof and True Point of Beginning:

Thence, with the common heof said Parcel 2 and Parcel 3, N 00°00'28* W, a distance of 20.00 feet, to a set 1/21) iron rod for the northwest comer hereof;

Thence, S 89'29'18" E, a distance of 380.28 feet, to a set %" iron rod on the west line of a 60 foot road easement the northeast corner hereof;

Thence, with the west line of said 60 foot road easement, S 00°18'44" E, a distance of 20.00 feet, to a set K" iron rod for the southeast comer hereof;

Thence, N 89°29'18* W, a distance of 380.28 feet, to the Point of Beginning and containing 0.17 acres of land, more or less.

Basis of Bearing: SPC, Texas South Zone, NAD-83, from GPS observations referenced to TXDOT monument 'WC-002".

STATE OF TEXAS: COUNTY OF WEBB:

I, James Omelas, Registered Professional Land Surveyor, do hereby state that the foregoing FIELD NOTES and accompanying PLAT OF SURVEY are a true representation of a swey conducted on the groundunder my supervision.

R.P.L.S. No.7726-Tern Current Date L 1-1 EXHIBIT 7615 N. Bartlett Avenue 'P.O. Box 451128 'Laredo. Texas 78041-9998 Telephone: (956) 722-441 1 ' Facsimile: (956) 722-5414 '€-Mail: [email protected] I 20' Wide Utility Easement

POINT OF CDUUXNCEUENT I 1/2. FOUND IRON ROD STATE HIGHWAY 359 I

7615 N. Bortlett Avenue. Laredo, Tcxos 78041 OFFICE: (956) 722-4411 FAX: (956) 722-5414 . -1 COUNCIL COMMUNICATION

7 DATE SUBJECT: RESOLUTION NO. 2005-R- 096 ACCEPTING THE DONATION OF ONE UTILITY EASEMENT 10-03-05 FROM FRANCISCO GUERRA, SR., FOR THE EXTENSION OF UTILITY SERVICES LINES TO THE LAREDO RANCHETTES SUBDIVISION. THIS BEING A STRIP OF LAND CONTAINING 0.21 OF AN ACRE, MORE OR LESS, OUT OF FRANCISCO GUERRA SR., 39.24 ACRE TRACT, PARCEL 2, AND BEING SITUATED IN PORCION 32, ABSTRACT 296, WEBB COUNTY, TEXAS, AS DESCRIBED BY METES AND BOUNDS AND SURVEY ATTACHED AS EXHIBITS A and B.

INITIATED BY: STAFF SOURCE: Cynthia Collazo Angelo Ferrazzano Deputy City Manager Real Estate Manager PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City of Laredo is in the process of extending utility services lines to the Laredo Ranchettes Subdivision, among other colonias, in conjunction with its Agreement with Webb County.

The extension of utility services lines to the Laredo Ranchettes Subdivision will expedite the delivery of water and sewer services to the residents of that colonia.

In order to proceed with the extension of utility services lines to the Laredo Ranchettes Subdivision, it is in the best interest of the City of Laredo to accept the donation of the above-referenced utility easement over the said parcel, as described in the exhibits.

FINANCIAL IMPACT: Land. Acct. 557-0000-161-0000 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA I Staff recommends approval of Resolution. RESOLUTION NO. 2005-R-096

ACCEPTING THE DONATION OF ONE UTILITY EASEMENT FROM FRANCISCO GUERRA, SR., FOR THE EXTENSION OF UTILILTY SERVICES LINES TO THE LAREDO RANCHEXTES SUBDIVISION. THIS BEING A STRIP OF LAND CONATINING 0.21 OF AN ACRE, MORE OR LESS, OUT OF FRANCISCO GUERRA, SR., 39.24 ACRE TRACT, PARCEL 2, AND BEING SITUATED IN PORCION 32, ABSTRACT 296, WEBB COUNTY, TEXAS, AS DESCRIBED BY METES AND BOUNDS AND SURVEY ATTACHED AS EXHIBITS A and B.

WHEREAS, the City of Laredo is in the process of extending utility services lines to the Laredo Ranchettes Subdivision. among- other Colonias, in coniunction- with its Agreement with Webb County; and

WHEREAS, the extension of utility services lines to the Laredo Ranchettes Subdivision, will expedite the delivery of utility services to the residents of that area; and

WHEREAS, in order to proceed with the extension of utility services lines to the Laredo Ranchettes Subdivision, it is in the best interest of the City of Laredo to accept the donation of the above-referenced a utility easement, as described in attached Exhibits A & B.

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

A. It hereby accepts the donation of one utility easement from Francisco Guerra, Sr., for the extension of utility services lines to the Laredo Ranchettes Subdivision. This being a strip of land containing 0.21 of an acre, more or less, out of Francisco Guerra, Sr., 39.24 acre tract, Parcel 2, and being situated in Porcion 32, Abstract 296, Webb County, Texas, and described by metes and bounds on Exhibit A and by survey on Exhibit B. B. This resolution shall become effective on passage thereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON

THIS, THE DAY OF 2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR CITY SECRETARY

APPROVED AS 0 FORM: JAIME L. FLoR as Howland Surveying Co., Inc., dba HOWLAND ENGINEERING AND SURVEYING CO. Oil & Gas Locations * Surveying ' Land Development Civil Design Foundations ^ Geotechnical Construction Materials Testing 'Environmental

FIELD NOTES FOR 20' WIDE UTILITY EASEMENT-PARCEL 2 9,365 SQUARE FEET OR 0.21 ACRES

A STRIP OF LAND CONTAINING 0.21 ACRES, more or less, out of Francisco Guem Sr., 39.24 Acre Tract, Parcel 2, recorded in Volume 565, Page 106, Webb County Deed Records, situated in Porcion 32, Antonio Trevino, Abstract 296, Webb County, Texas, and being more particularly described by metes and bounds as follows:

Commencing at K" iron rod found at the southwest comer of said Francisco Guerra Sr. hact, thence N 00°19'45" W, a distance of 962.79 feet to a set K" iron rod, the southwest comer hereof and True Point of Beginning;

Thence, with the west line of said Francisco Guem Sr. tract, N 00018'44n W, a distance of 20.06 feet, to a set K" iron rod for the northwest comer hereof;

Thence, S 8S057'29" E, a distance of 468.86 feet, to a set W iron rod on the common line of said Francisco Guem Sr. hact Parcel 2 and Francisco Guem Jr. tract Parcel 3, recorded in Volume 565, Page 107, Webb County Deed Records, for the northeast comer hereof;

Thence, with said common line of Parcel 2 and Parcel 3, S 00°00'28" E, a distance of 20.00 feet, to a set %" iron rod for the southeast comer hereof;

Thence, N 85057'51n W, a distance of 468.74 feet, to the Point of Beginning and containing 0.21 acres of land, more or less.

Basis of Bearing: SPC, Texas South Zone, NAD-83, from GPS observations referenced to TXDOT monument 'WC-002".

STATE OF TEXAS: COUNTY OF WEBB:

I, James Omelas, Registered Professional Land Surveyor, do hereby state that the foregoing FIELD NOTES and accompanying PLAT OF SURVEY are a true representation of a survey conducted on the ground under my supervision.

t71'8-2d9.S- Current Date

fi b EXHIBIT 1 A

7615 N. Bartletl Avenue 'P.O. Box 451128 'Laredo. Texas 78041-9998 Telephone: (956) 722-441 1 * Facsimile: (956) 722-5414 ' E-Mail: [email protected] 20' Wide Utility Easement COUNCIL COMMUNICATION

DATE SUBJECT: RESOLUTION NO. 2005-R-097 ACCEPTING THE DONATION OF ONE UTILITY EASEMENT 10-03-05 FROM ANA LAURA GOMEZ FOR THE EXTENSION OF UTILITY SERVICES LINES TO THE SAN CARLOS SUBDIVISION, PHASE I. THIS BEING A STRIP OF LAND 15.00 FEET IN WIDTH, CONTAINING 2,194.20 SQUARE FEET OR 0.050 OF AN ACRE, MORE OR LESS, OVER AND ACROSS LOT 3, BLOCK 1, AS RECORDED IN VOLUME 4, PAGE 34, PLAT RECORDS, WEBB COUNTY, TEXAS, AND DESCRIBED BY METES AND BOUNDS AND SURVEY ATTACHED AS EXHIBITS A and B.

INITIATED BY: STAFF SOURCE: Cynthia Collazo Angelo Ferrazzano Deputy City Manager Real Estate Manager PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City of Laredo is in the process of extending utility services lines to the San Carlos Subdivision, Phase I, among other colonias, in conjunction with its Agreement with Webb County.

The extension of utility services lines to the San Carlos Subdivision, Phase I, will expedite the delivery of water and sewer services to the residents of that colonia.

In order to proceed with the extension of utility services lines to the San Carlos Subdivision, Phase I, it is in the best interest of the City of Laredo to accept the donation of the above-referenced utility easement over the said parcel, as described in the exhibits.

FINANCIAL IMPACT: Land. Acc~.557-0000-161-0000 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Staff recommends approval of Resolution. RESOLUTION NO. 2005-R-097

ACCEPTING THE DONATION OF ONE UTILITY EASEMENT FROM ANA LAURA GOMEZ FOR THE EXTENSION OF UTILITY SERVICES LINES TO THE SAN CARLOS SUBDIVISION, PHASE I. THIS BEING A STRIP OF LAND 15.00 FEET IN WIDTH, CONATINING 2,194.20 SQUARE FEET OR 0.050 OF AN ACRE, MORE OR LESS, OVER AND ACROSS LOT 3, BLOCK 1, AS RECORDED IN VOLUME 4, PAGE 34, PLAT RECORDS, WEBB COUNTY, TEXAS, AND DESCRIBED BY METES AND BOUNDS AND SURVEY ATTACHED AS EXHIBITS A and B.

WHEREAS, the City of Laredo is in the process of extending utility services lines to the San Carlos Subdivision, Phase I, among other Colonias, in conjunction with its Agreement with Webb County; and

WHEREAS, the extension of utility services lines to the San Carlos Subdivision, Phase I, will expedite the delivery of utility services to the residents of that colonia; and

WHEREAS, in order to proceed with the extension of utility services lines to the San Carlos Subdivision, Phase I, it is in the best interest of the City of Laredo to accept the donation of the above-referenced a utility easement, as described in attached Exhibits A & B.

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

A. It hereby accepts the donation of one utility easement fiom Ana Laura Gomez for the extension of utility services lines to the San Carlos Subdivision, Phase I. This being a strip of land 15.00 feet in width, containing 2,194.20 square feet or 0.050 of an acre, more or less, over and across Lot 3, Block 1, Plat Records, Webb County, Texas, and described by metes and bounds on Exhibit A and by survey on Exhibit B.

B. This resolution shall become effective on passage thereof. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON

THIS, THE DAY OF 2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR CITY SECRETARY

APPROVED AS TO FORM: JAIME L. FLORES Howland Surveying Co.. Inc. - Dm oeYt: YJ HOWLAND ..-.: Engineering & Surveying Company 2@j ..-.. < 2. Oil and Gas Location Surveys Boundaly Surveys ' City Lot Survey; 'Engineering & Planning ?- INC Field Notes PROPOSED UTILITY EASEMENT LOT 3, BLOCK 1 SAN CARLOS SUBDIVISION, PHASE I WEBB COUNTY, TEXAS Being a strip of land 15.00 feet in width, containing 2,194.20 square feet or 0.050 acres, more or less, over and across Lot 3, Block 1 called to contain 1.3167 acres in a plat entitled "San Carlos Subdivision, Phase I" recorded m Volume 4, Page 34, Plat Records, Webb County, Texas.

Said strip being situated in Porcion 32, Abstract 296, Antonio Trevino, Original Grantee, Webb County, Texas, and more particularly described by metes and bounds as follows, to-wit:

Beginning at the common comer of Lots 1,2,3, and 4 for the northwest corner of this strip fiom whence a fence comer post bears N 45" 07' 23" E, 0.91 feet;

TlenceN 89O 41' 16" E, generally with fence and south line of Lot 4 and north line of Lot 3, at 146.28 feet the common corner of Lots 3, 4, 5, and 6, and northeast comer of this strip fiom whence a fence comer post bears S 42O 30' 00" E, 0.23 feet;

mence S 00" 18' 02" E, with fence and west line of Lot 5 and east line of Lot 3, at 15.00 feet the southeast comer hereof;

Tkence S 89O 41' 16" W, over and across Lot 3, at 146.28 feet the: southwest comer of this strip on the east line of Lot 1 and the west line of Lot 3;

Thence N 00" 18' 02" W, with the east line of Lot 1 and west line of Lot 3, at 15.00 feet the Powof Beginning.

Bas& of Bearings SPC, Texas South Zone, NAD-83, fiom GPS obsemations referenced to TXM)T Monument "240-359-002".

The undersigned Reajstered ~rofessio&lLand Surveyor, Juan Tijerina, hereby certifies that this PromxIy Description and the Plat of Survey attached hereto are hue and correct and were bm actual survey conducted inthe ground under my supervision.

, PRoPO!BUTlUTYEASEMENT LOT 3. BLOCK 1 SAN CARLOS SUBDIVISION, PHASE I WEBB COUNTY, TEXAS

Lot I. mat I LZ627 A- COUNCIL COMMUNICATION

DATE: SUBJECT: RESOLUTION NO. 2005-R-098 Accepting the donation of one parcel of land as a Utility Easement from Vaquillas Development, Ltd., for the North American Development Bank Water 10-03-05 Distribution Project, said parcel containing 1.489 acres, more or less, and being situated in the City of Laredo, Webb County, Texas, out of a 189.07 acre tract of land described in deed from E. G. Ranch, Ltd., to Vaquillas Development, Ltd., and recorded in Volume 1169, Pages 311-320, Webb County Official Public Records, and described by Metes and Bounds and Survey attached as Exhibits A and B.

INITIATED BY: STAFF SOURCE: Cynthia Collazo Angelo Ferrauano Deputy City Manager Real Estate Manager

PREVIOUS COUNCIL ACTION: None.

BACKGROUND: The City of Laredo is in the process of implementing the North American Development Bank Water Distribution Project. Said project consists of the installation of a 16-inch water line to provide water services to property owners in the colonias on State Highway 359 in Southeast Laredo.

In order to proceed with the North American Development Water Distribution Project, it is in the best interest of the City of Laredo to accept the donation the above-referenced Utility Easement as described in the exhibits.

FINANCIAL IMPACT: Land. Acct. 557-0000-161 -000.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA Staff recommends approval of Resolution.

- RESOLUTION NO. 2005-R-098

ACCEPTING THE DONATION OF ONE PARCEL OF LAND AS A UTILITY EASEMENT FROM VAQUILLAS DEVELOPMENT, LTD., FOR THE NORTH AMERICAN DEVELOPMENT BANK WATER DISTRIBUTION PROJECT, SAID PARCEL CONTAINING 1.489 ACRES, MORE OR LESS, AND BEING SITUATED IN THE CITY OF LAREDO, WEBB COUNTY, TEXAS, OUT OF A 189.07 ACRE TRACT OF LAND DESCRIBED IN DEED FROM E. G. RANCH, LTD., TO VAQUILLAS DEVELOPMENT, LTD., AND RECORDED IN VOLUME 1169, PAGES 3 11-320, WEBB COUNTY OFFICIAL PUBLIC RECORDS, AND DESCRIBED BY METES AND BOUNDS AND SURVEY ATTACHED AS EXHIBITS A and B.

WHEREAS, the City of Laredo is in the process of initiating the North American Development Bank Water Distribution Project; and

WHEREAS, said project consists of the installation of a 16-inch water line to provide water services to property owners in the colonias on State Highway 359 in Southeast Laredo; and

WHEREAS, in order to proceed with the North American Development Bank Water Distribution Project, it is in the best interest of the City of Laredo to accept the above-referenced Utility Easement as described in Exhibits A & B.

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

A. It hereby accepts the donation of one parcel of land as a Utility Easement from Vaquillas Development Ltd., for the North American Development Bank Water Distribution Project, said parcel containing 1.489 acres, more or less, and being situated in the City of Laredo, Webb County, Texas, out of a 189.07 acre tract of land described in deed from E. G. Ranch, Ltd., to Vaquillas Development, Ltd., and recorded in Volume 1169, Pages 3 11- 320, Webb County Official Public Records, and described by Metes and Bounds and Survey attached as Exlnbits A and B. B. This Resolution shall become effective upon passage thereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR CITY SECRETARY

APPROVED ASBO FORM: LEGAL DESCRIPTION VAQUILLAS DEVELOPMENT, LTD. 1.489 ACRE UTILITY EASEMENT #2

A tract of land containing 1.489 acres, more or less, situated in Laredo, Webb County, Texas out of a 189.07 acre tract of land described in deed from E.G. Ranch, Ltd. to Vaquillas Development, Ltd., and recorded in Volume 1169, Pages 31 1-320, W.C.O.P.R.;this 1.489 acre tract is more particularly described by metes and bounds as follows:

BEGINING at a 2" diameter steel pipe found, same point being along the north boundary line of CalWWright tract recorded in Volume 267, Pages 195-202 W.C.R.P.R. and the southeast comer of Garcia I1 Tract recorded in Volume 43 1, Page 107 W.C.R.P.R. and the southwest comer of the aforementioned Vaquillas Development; Ltd. tract;

THENCE N00°25'16"W, along a fence being the eastern boundary line of the Garcia I1 Tract and the western boundary line of the Vaquillas Development, Ltd. tract, and the western boundary of this tract, a distance of 1,197.33 feet to a !C diameter iron rod set, for the northwest comer hereof;

THENCE N89"29'20"E, along interior of the Vaquillas Development, Ltd. tract, a distance of 2,179.84 feet to a K" diameter iron rod set for apoint of curvature to the left;

THENCE along the interior of the Vaquillas Development, Ltd, tract, along the curve left with a radius of 1,530.00 feet, a delta angle of 17"36'27", a chord bearing of N80°41 '06"E, a chord length of 468.34 feet, for a total distance along the arc of 470.18 feet, to a '/2" iron rod set, a point being along the western boundary of a tract of land described in deed to E.G. Ranch, Ltd. recorded in Volume 451, Page 16 W.C.R.P.R and the eastern boundary of the Vaquillas Development, Ltd. tract;

THENCE S22"44'02"E, along the western boundary line of the E.G. Ranch, Ltd. tract and the eastern boundary line of the Vaquillas Development, Ltd. tract, a distance of 20.06 feet to a K" iron rod set;

THENCE along the interior of the Vaquillas Development, Ltd. tract, along the curve right with a radius of 1,550.00 feet, a delta angle of 17"40'02", a chord bearing of S80°39'19"W, a chord length of476.05 feet, for a total distance along the arc of 477.94 feet, to a K" iron rod set and point of deflection;

THENCE S89"29'20"W, along interior of the Vaquillas Development, Ltd. tract, a distance of 2,169.87 feet to a '/2" diameter iron rod set for an interior comer hereof;

THENCE S0Oo25'16"E, along interior of the Vaquillas Development, Ltd. tract, a distance of 1,177.49 feet to a %" diameter iron rod set, a point along the north boundary line of the Calk/Wright tnct and south boundary line of the Vaquillas Development, Ltd. tract for an exterior comer hereof;

THENCE N8g034'33"W, along the north boundary line of the CalWright tract and south boundary line of the Vaquillas Development, Ltd. tract, a distance of 10.00 feet to the POINT OF BEGINNING, containing within these metes and bounds 1.489 acres, more or less.

&it$ 3./z- 84 uben Fletes Date

DATE SUBJECT: RESOLUTION NO. 2005-R-099 10-03-05 Declaring the public necessity to acquire the "Surface Only" of a parcel of land legally described as Lots 3B & 3C, in Block lof the William Bejarano Replat, City of Laredo, Webb County, Texas, as delineated on attached copy of City Plat, to be used as part of the Airport Runway Protection Zone for Runway 35R, and authorizing staff to initiate negotiations and acquire the property at its market value to be established by State Certified Independent Real Estate Appraisers; and finther authorizing relocation benefit payments in accordance with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended.

INITIATED BY: STAFF SOURCE: Cynthia Collazo Angelo Ferrazzano Deputy City Manager Real Estate Manager PREVIOUS COUNCIL ACTION: None BACKGROUND: The subject property is located in the Runway Protection Zone of Runway 35R, and the Federal Aviation Administration has recommended the City of Laredo's acquisition of the property to enhance safety at the Laredo International Airport. In addition, the Federal Aviation Administration has approved a grant that will provide ninety-five (95%) percent of the cost to acquire the subject property.

The Airport Director recommends that the acquisition of the subject property is in the best interest of the City of Laredo.

FINANCIAL IMPACT: Funding for this project is available in Airport Construction Fund-Federal Aviation Administration Grant Project No. 46-05. Acct. # 433-3668-585-9101-Land. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA Staff recommends approval of Resolution. RESOLUTION NO. 2005-R-099

DECLARING THE PUBLIC NECESSITY TO ACQUIRE THE "SURFACE ONLY" OF A PARCEL OF LAND LEGALLLY DESCRIBED AS LOTS 3B & 3C, IN BLOCK 1 OF THE WILLIAM BEJARANO REPLAT, CITY OF LAREDO, WEBB COUNTY, TEXAS, AS DELINEATED ON ATTACHED COPY OF CITY PLAT, TO BE USED AS PART OF THE AIRPORT RUNWAY PROTECTION ZONE FOR RUNWAY 35R AND AUTHORIZING STAFF TO INITIATE NEGOTIATONS AND ACQUIRE THE PROPERTY AT ITS MARKET VALUE TO BE ESTABLISHED BY STATE CERTIFIED INDEPENDENT REAL ESTATE APPRAISERS; AND FURTHER AUTHORIZING RELOCATION BENEFIT PAYMENTS IN ACCORDANCE WITH THE PROVISIONS OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION ACT OF 1970, AS AMNEDED.

WHEREAS, the subject property is located in the Runway Protection Zone of Runway 35R, and

WHEREAS, the Federal Aviation Administration has recommended the acquisition of the subject property to enhance safety at the Laredo International Airport; and

WHEREAS, the Federal Aviation Administration has approved a grant that will provide ninety-five (95%) percent of the cost to acquire the subject property; and

WHEREAS, the Airport Director recommends that the acquisition of the subject property is in the best interest of the City of Laredo; and

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

A. It hereby declares the public necessity to acquire the "Surface Only" of a parcel of land legally described as Lots 3B & 3C, in Block 1 of the William Bejarano Replat, City of Laredo, Webb County, Texas, as delineated on attached copy of City Plat, to be used as part of the Airport Runway Protection Zone for Runway 35R.

B. City staff is authorized to initiate negotiations and acquire the property at its market value to be established by State Certified Independent- Real Estate Appraisers. C. It further authorizes relocation benefit payments in accordance with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended.

D. This Resolution shall become effective upon passage thereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON OF. THIS, THE DAY OF. 2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR CITY SECRETARY

APPROVED AS,TO FORM: JAIME L. FLORES

ASST. CITY ATTORNEY I LA REDO INTERNATIONAL AIRPORT VOL. 5, PG. I, U.C.RR! I

; .-.. 1.:. "' ...... - . . gwEeiJky e..M4Ry*_rZ YOL. /oy, S. 825, w.c.1.Z. ... g mdC4 : .%SVJ c~ulU.== N WOL. /DB9, ?./60,us .DM.

. . 25' BLDG. SETBACK PC. 27-A, u.c.84. - - - -.-3- .:. - -- COUNCIL COMMUNICATION

DATE: SUBJECT: RESOLUTION NO. 2005-R-100 Accepting the donation of one parcel of land as a Utility Easement from Hilltop Farms, Ltd., for the North American Development Bank Water Distribution 10-03-05 Project, said parcel containing 1.220 acres, more or less, situated in Porcion 33, Abstract 3084 and Porcion 34, Abstract 762, City of Laredo, Webb County, Texas, and described by Metes and Bounds and Survey attached as Exhibits A and 6.

I INITIATED BY: STAFF SOURCE: Cynthia Collazo Angelo Ferrazzano Deputy City Manager Real Estate Manager

I PREVIOUS COUNCIL ACTION: None.

BACKGROUND: The City of Laredo is in the process of implementing the North American Development Bank Water Distribution Project. Said project consists of the installation of a 16-inch water line to provide water services to property owners in the colonias on State Highway 359 in Southeast Laredo.

In order to proceed with the North American Development Water Distribution Project, it is in the best interest of the City of Laredo to accept the donation the above-referenced Utility Easement as described in the exhibits.

FINANCIAL IMPACT: Land. Acct. 557-0000-161 -000.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA Staff recommends approval of Resolution. RESOLUTION NO. 2005-R-100

ACCEPTING THE DONATION OF ONE PARCEL OF LAND AS A UTILITY EASEMENT FROM HILLTOP FARMS, LTD., FOR THE NORTH AMERICAN DEVELOPMENT BANK WATER DISTRIBUTION PROJECT, SAID PARCEL CONTAINING 1.220 ACRES, MORE OR LESS, SITUATED IN PORCION 33, ABSTRACT 3084 AND PORCION 34, ABSTRACT 762, CITY OF LAREDO, WEBB COUNTY, TEXAS, AND DESCRIBED BY METES AND BOUNDS AND SURVEY ATTACHED AS EXHIBITS A and B.

WHEREAS, the City of Laredo is in the process of initiating the North American Development Bank Water Distribution Project; and

WHEREAS, said project consists of the installation of a 16-inch water line to provide water services to property owners in the colonias on State Highway 359 in Southeast Laredo; and

WHEREAS, in order to proceed with the North American Development Bank Water Distribution Project, it is in the best interest of the City of Laredo to accept the above-referenced Utility Easement as described in Exhibits A & B.

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

A. It hereby accepts the donation of one parcel of land as a Utility Easement from Hilltop Farms, Ltd., for the North American Development Bank Water Distribution Project, said parcel containing 1.220 acres, more or less, situated in Porcion 33, Abstract 3084 and Porcion 34, Abstract 762, City of Laredo, Webb County, Texas, and described by Metes and Bounds and Survey attached as Exhibits A and B. B. This Resolution shall become effective upon passage thereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR CITY SECRETARY

APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY

By: ANTHONY C. McGETTRICK ASST. CITY ATTORNEY LEGAL DESCRIPTION VARIABLE WIDTH 1.220 ACRE UTILITY EASEMENT OUT OF HILL TOP FARM, LTD. TRACT

A tract of land containing 1.220 acres, more or less, situated in Porcion 33, Jose Dionicio Treviiio, Original Grantee, Abstract 3084 and Porcion 34, Jose Antonio Diaz, Original Grantee, Abstract 762, City of Laredo, Webb County, Texas, said 1.220 acre tract being out of the Hill Top Farm, Ltd. tract recorded in Volume 431, Page 107- 112, W.C.D.R.; this 1.220 acre tract more particularly described by metes and bounds as follows:

COMMENCING at a 2" diameter steel pipe found, same point being the southwest comer of the S.T.F.G., Inc. 189.07 acre tract recorded in Volume 1776, Page 106, W.C.O.P.R., a point along the north line of the Elaine Wright Calk, Lewis C. Calk, Jenna Calk, Tracy Calk, and Pamela Calk tract recorded in Volume 1274, Page 649, W.C.R.P.R.; and the southeast comer of the Hill Top Farm, Ltd. tract;

THENCE N 00° 25' 16" W, along the west boundary line of the S.T.F.G., Inc. tract and east boundary line of the Hill Top Farm, Ltd. tract, a distance of 1,177.33 feet to a W diameter iron rod set, and the POINT OF BEGINNING of this utility easement;

THENCE S 89' 29' 21" W, through the interior of the Hill Top Farm, Ltd. tract, a distance of 769.98 feet to a %' diameter iron rod set for an interior comer hereof and point of curvature;

THENCE along curve left with a radius of 300.0 feet, a chord bearing of S 69" 30' 50" W, a chord distance of 204.97 feet and a curve distance of 209.18 feet to a %' diameter iron rod set for an interior comer hereof and point of tangency;

THENCE S 49' 32' 18" W, through the interior of the Hill Top Farm, Ltd. tract, a distance of 294.20 feet to a %' diameter iron rod set for an interior comer hereof and point of curvature;

THENCE along curve right with a radius of 459.0 feet, a chord bearing of S 75" 23' 08" W, a chord distance of 400.22 feet and a curve distance of 414.12 feet to a W diameter iron rod set for an interior comer hereof and point of tangency;

THENCE N 78' 46' 03" W, through the interior of the Hill Top Farm, Ltd. tract, a distance of 100.0 feet to a %' diameter iron rod set for an interior comer hereof;

THENCE N 85O 18' 00" W, through the interior of the Hill Top Farm, Ltd. tract, a distance of 87.90 feet to a '/2' diameter iron rod set for an exterior comer hereoc

THENCE N 78' 46' 03" W, through the interior of the Hill Top Farm, Ltd. tract, a distance of 125.60 feet to a %' diameter iron rod set for an interior comer hereof;

THENCE S 57' 02' 49" W, through the interior of the Hill Top Farm, Ltd. tract, a distance of 54.38 feet to a '/2' diameter iron rod set for an interior comer hereof and point of deflection along curve;

THENCE along curve right with a radius of 3,001.79 feet, a chord bearing of S 21" 47' 04" W, a chord distance of 906.36 feet and a curve dista diameter iron rod set for an interior corner hereof and point of tangenc EXHIBIT THENCE S 30' 28' 04" W, through the interior of the Hill Top Farm, Ltd. tract, a distance of 3.60 feet to a %' diameter iron rod set, same being a point along the north boundary line of the Calk tract and south boundary line ofthe Hill Top Farm Ltd. tract for exterior corner hereof;

THENCE S 89" 35' 26" W, along the north boundary line of the Calk tract and south boundary line of the Hill Top Farm, Ltd. tract, a distance of 13.98 feet to a '/z' diameter iron rod set for an exterior comer hereof;

THENCE N 30° 28' 04" E, through the interior of the Hill Top Farm, Ltd. tract, a distance of 10.78 feet to a %" diameter iron rod set for an interior comer hereof and point of curvature;

THENCE along curve let? with a radius of 2,989.79 feet, chord bearing of N 21" 14' 00" E, a chord distance of 959.56 feet and curve distance of 963.73 feet to a %" diameter iron rod set for an exterior comer hereof and point of deflection;

THENCE S 78" 46' 03" E, through the interior of the Hill Top Farm, Ltd. tract, a distance 174.13 feet to a 'h" diameter iron rod set and an interior corner hereot

THENCE S 85" 18' 00" E, through the interior of the Hill Top Farm, Ltd. tract, a distance of 87.90 feet to a M" diameter iron rod set and an exterior corner hereof

THENCE S 78" 46' 03" E, through the interior of the Hill Top Farm, Ltd. tract, a distance of 101.14 feet to a %" diameter iron rod set for an interior corner hereof and point of curvature;

THENCE along curve left with a radius of 439.0 feet, a chord bearing of N 75" 23' 08"E,a chord distance of 382.78 feet and curve distance of 396.08 feet to a &" diameter iron rod set for an interior comer hereof and point of tangency;

THENCE N 49' 32' 18" E, through the interior of the Hill Top Farm, Ltd. tract, a distance of 294.20 feet to a %" diameter iron rod set for an interior corner hereof and point of curvature;

THENCE along curve right with a radius of 320.0 feet, a chord bearing of N 69" 30' 50" E, a chord distance of 218.63 feet and curve distance of 223.13 feet to a M" diameter iron rod set for an interior comer hereof and point of tangency;

THENCE N 89" 29' 21" E, through the interior of the Hill Top Farm, Ltd. tract, a distance of 770.02 feet to a '/r" diameter iron rod set, same being a point along the west boundary line of the S.T.F.G., Inc. tract and east boundary line of the Hill Top Farm, Ltd. tract for an exterior comer hereoc

THENCE S 00" 25' 16"E, along the west boundary line of the S.T.F.G., Inc. tract and east boundary line of the Hill Top Farm, Ltd. tract, a distance of 20.0 feet to the POINT OF BEGINNING, containing within these metes and bounds 1.220 acres, more or less.

#lo6.' .; ; / 2, G?Lry-. uben Fletes, R.P.L.S. Date TX#1998

CURVE DATA //- CURE CHORD CHm / / WRM~(RMIUS ( WCLE JT*NGEM(~~(~(B-G / C2 1 459.M' 1 51.41'58' 1 2223' (414.12' (UlO.Z'( S7S2J.W-W / / C5 1 439.00' 1 51'4158- 1 21267' 1396.08. 158t.78'1 N7SW.Wf '\ / / 'A/ /A 0/ +\ ------'?A* HILL TOP FARM. LTD. ------U.E WL 431. PG. 107 1 E

HILL TOP FARM. LID. WL 431. PG. 107 S I W.C.D.R.

CUW I MIUS ANGLE T*NGENT U I X101.79' 1 1721'58. 1 M.43'190964' 1906.36'1 S21'47'MW C4 (2989.79' 1 1B28D7- 1 466.08' 1963.73' 195956'1 N21'14'WP COUNCIL COMMUNICATION

DATE: SUBJECT: RESOLUTION NO. 2005-R-101 Accepting the donation of two parcels of land as a Utility Easements from E. G. Ranch, Ltd., for the North American Development Bank Water Distribution 10-03-05 Project, these being: (1) a parcel of land containing 4.148 acres, more or less, situated in the City of Laredo, Webb County, Texas out of a 20.000 acre tract described in deed from Marvin E. Melson to E. G. Ranch Ltd., and recorded in Volume 1190, Pages 103-105, Webb County Real Property Records and out of a 924.0 acre tract described in deed from Eloy Garcia and Bonnie L. Garcia to E. G. Ranch, Ltd., and recorded in Volume 451, Page 16, Webb County Real Property Records, and described by Metes and Bounds and Survey attached as Exhibits A and B. (2) a parcel of land containing 0.020 acres, more or less, situated in the City of Laredo, Webb County, Texas, out of a 20.000 acre tract described in deed from Marvin E. Melson to E. G. Ranch, Ltd., and recorded in Volume 1190, Pages 103-105, Webb County Real Property Records, and described by Metes and Bounds and Survey attached as Exhibits C and D.

INITIATED BY: STAFF SOURCE: Cynthia Collazo Angelo Ferrazzano Deputy City Manager Real Estate Manager PREVIOUS COUNCIL ACTION: None.

BACKGROUND: The City of Laredo is in the process of implementing the North American Development Bank Water Distribution Project. Said project consists of the installation of a 16-inch water line to provide water services to property owners in the colonias on State Highway 359 in Southeast Laredo.

In order to proceed with the North American Development Water Distribution Project, it is in the best interest of the City of Laredo to accept the donation the two above-referenced Utility Easements as described in the exhibits.

FINANCIAL IMPACT: Land. Acct. 557-0000-161-000.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA Staff recommends approval of Resolution. RESOLUTION NO. 2005-R-101

ACCEPTING THE DONATION OF TWO PARCELS OF LAND AS A UTILITY EASEMENTS FROM E. G. RANCH, LTD., FOR THE NORTH AMERICAN DEVELOPMENT BANK WATER DISTRIBUTION PROJECT, THESE BEING: (1) A PARCEL OF LAND CONTAINING 4.148 ACRES, MORE OR LESS, SITUATED IN THE CITY OF LAREDO, WEBB COUNTY, TEXAS OUT OF A 20.000 ACRE TRACT DESCRIBED IN DEED FROM MARVIN E. MELSON TO E. G. RANCH LTD., AND RECORDED IN VOLUME 1190, PAGES 103-105, WEBB COUNTY REAL PROPERTY RECORDS AND OUT OF A 924.0 ACRE TRACT DESCRIBED IN DEED FROM ELOY GARCIA AND BONNIE L. GARCIA TO E. G. RANCH, LTD., AND RECORDED IN VOLUME 451, PAGE 16, WEBB COUNTY REAL PROPERTY RECORDS, AND DESCRIBED BY METES AND BOUNDS AND SURVEY A'ITACHED AS EXHIBITS A AND B. (2) A PARCEL OF LAND CONTAINING 0.020 ACRES, MORE OR LESS, SITUATED IN THE CITY OF LAREDO, WEBB COUNTY, TEXAS, OUT OF A 20.000 ACRE TRACT DESCRIBED IN DEED FROM MARVIN E. MELSON TO E. G. RANCH, LTD., AND RECORDED IN VOLUME 1190, PAGES 103-105, WEBB COUNTY REAL PROPERTY RECORDS, AND DESCRIBED BY METES AND BOUNDS AND SURVEY ATTACHED AS EXHIBITS C AND D.

WHEREAS, the City of Laredo is in the process of initiating the North American Development Bank Water Distribution Project; and

WHEREAS, said project consists of the installation of a 16-inch water line to provide water services to property owners in the colonias on State Highway 359 in Southeast Laredo; and

WHEREAS, in order to proceed with the North American Development Bank Water Distribution Project, it is in the best interest of the City of Laredo to accept the above-referenced Utility Easement as described in Exhibits A & B.

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

A. It hereby accepts the donation of two parcels of land as a Utility Easements from E. G. Ranch, Ltd., for the North American Development Bank Water Distribution Project, these being: (1) a parcel of land containing 4.148 acres, more or less, situated in the City of Laredo, Webb County, Texas out of a 20.000 acre tract described in deed from Marvin E. Melson to E. G. Ranch Ltd., and recorded in Volume 1190, Pages 103-105, Webb County Real Property Records and out of a 924.0 acre tract described in deed from Eloy Garcia and Bonnie L. Garcia to E. G. Ranch, Ltd., and recorded in Volume 451, Page 16, Webb County Real Property Records, and described by Metes and Bounds and Survey attached as Exhibits A and B. (2) a parcel of land containing 0.020 acres, more or less, situated in the City of Laredo, Webb County, Texas, out of a 20.000 acre tract described in deed from Marvin E. Melson to E. G. Ranch, Ltd., and recorded in Volume 1190, Pages 103-105, Webb County Real Property Records, and described by Metes and Bounds and Survey attached as Exhibits C and D. one parcel of land as a Utility Easement from Hilltop Farms, Ltd., for the North American Development Bank Water Distribution Project, said parcel containing 1.220 acres, more or less, situated in Porcion 33, Abstract 3084 and Porcion 34, Abstract 762, City of Laredo, Webb County, Texas, and described by Metes and Bounds and Survey attached as Exhibits A and B.

B. This Resolution shall become effective upon passage thereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR CITY SECRETARY LEGAL DESCRIPTION E.G. RANCH, LTD. EASEMENT #3

A tract of land containing 4.148 acres, more or less, situated in Laredo, Webb County, Texas out of 20.000 acre tract described in deed from Marvin E. Melson to E.G. Ranch, Ltd. and recorded in Volume 1 190, Pages 103-105 W.C.R.P.R. and out of 924.0 acre tract described in deed from Eloy Garcia and Bonnie L. Garcia to E.G. Ranch, Ltd. and recorded in Volume 451, Page 16 W.C.R.P.R.; this 4.148 acre tract is more particularly described by metes and bounds as follows:

COMMENCING at a %" iron rod found, same point being along the eastern boundary line of the Vaquillas Development, Ltd. tract recorded in Volume 1169, Pages 31 1-320 W.C.O.P.R. and the western boundary line of the aforementioned 924.0 acre E.G. Ranch, Ltd. tract;

THENCE S22'44'02"E, along the eastern boundary line of the Vaquillas Development, Ltd. tract and the western boundary line of the 924.0 acre E.G. Ranch, Ltd. tract, a distance of 449.45 feet to a %" iron rod set and the POINT OF BEGINNING;

THENCE along the interior of the 924.0 acre E.G. Ranch, Ltd. tract, along the curve left with a radius of 1,530.00 feet, a delta angle of 04'36'54': a chord bearing of N69"34'26"E, a chord length of 123.21 feet, for a total distance along the arc of 123.24 feet, to a 1/21) iron rod set and point of deflection;

THENCE N67°15'59"E, along the interior of the 924.0 acre E.G. Ranch, Ltd. tract, a distance of 478.61 feet to'a 1/21) diameter iron rod set for a point of curvature to the right;

THENCE along the interior of the 924.0 acre E.G. Ranch, Ltd. tract, along the curve right with a radius of 2,970.00 feet, a delta angle of 33'41'23", a chord bearing of N84°06'40"E, a chord length of 1721.30 feet, for a total distance along the arc of 1746.35 feet, to a %" iron rod set and point of deflection;

THENCE S79O02'39"E, along the interior of the 924.0 acre E.G. Ranch, Ltd. tract, a distance of 536.26 feet to a $5" diameter iron rod set for apoint of curvature to the left;

THENCE along the interior of the 924.0 acre E.G. Ranch, Ltd. tract, along the curve left with a radius of 4,030.00 feet, a delta angle of 10°19'17", a chord bearing of S84O12'17"E, a chord length of 724.99 feet, for a total distance along the arc of 725.97 feet, to a 1/21) iron rod set and point of deflection;

THENCE S89O21'55"E, along the interior of the 924.0 acre E.G. Ranch, Ltd. tract, a distance of 724.16 feet to a %"diameter iron rod set for a point of curvature to the right;

THENCE along the interior of the 924.0 E.G. ~kch,Ltd. tract, along the curve right with a radius of 3,970.00 feet, a delta angle of 0S051'43", a chord bearing of F_alEXHIBIT S84"56'04"E, a chord length of 613.44 feet, for a total distance along the arc of 614.05 feet, to a %" iron rod set and point of deflection;

THENCE S80°30'12"E, along the interior of the 924.0 acre E.G. Ranch, Ltd. tract, a distance of 562.22 feet to a !4" diameter iron rod set and interior comer hereoe

THENCE N0g029'48"E, along and through the interior of the 924.0 acre E.G. Ranch, Ltd. tract, continuing along the interior of the 20.000 acre E.G. Ranch, Ltd. tract, a distance of 3,510.67 feet to a !4" iron rod set, same point being along the north boundary line of the 20.000 acre E.G. Ranch, Ltd. tract and along the south right of way line of State Highway 359 and exterior comer hereof;

THENCE S72'2S134"E, along the south right of way line of State Highway 359 and the north line of the 20.000 acre E.G. Ranch, Ltd. tract, a distance of 20.20 feet to a W diameter iron rod set and exterior comer hereof;

THENCE S09O29'48"W, along and through the interior of the 20.000 acre E.G. Ranch, Ltd. tract, continuing along the interior of the 924.0 acre E.G. Ranch, Ltd. tract, a distance of 3,527.85 feet to a %" diameter iron rod set and exterior comer hereof;

THENCE N80°30'12"W, along the interior of the 924.0 acre E.G. Ranch, Ltd. tract, a distance of 582.22 feet to a %"diameter iron rod set for a point of curvature to the left;

THENCE along the interior of the 924.0 acre E.G. Ranch, Ltd. tract, dong the curve left with a radius of 3,959.00 feet, a delta angle of 08'51'43': a chord bearing of N84"56'04"W, a chord length of 610.35 feet, for a total distance along the arc of 610.95 feet, to a %" iron rod set and point of deflection;

THENCE N89"21'55"W, along the interior of the 924.0 acre E.G. Ranch, Ltd. tract, a distance of 724.16 feet to a W diameter iron rod set for a point of curvature to the right;

THENCE along the interior of the 924.0 acre E.G. Ranch, Ltd. tract, along the curve right with a radius of 4,050.00 feet, a delta angle of 1O019'17", a chord bearing of N84"12'17"W, a chord length of 728.59 feet, for a total distance along the arc of 729.57 feet, to a 1/21) iron rod set and point of deflection;

THENCE N79O02'39"W, dong the interior of the 924.0 acre E.G. Ranch, Ltd. tract, a distance of 536.26 feet to a %"diameter iron rod set for a point of curvature to the lefl;

THENCE along the interior of the 924.0 acre E.G.Ranch, Ltd. tract, dong the curve left with a radius of 2,950.00 feet, a deita angle of 33'41'23': a chord bearing of S84"06'40"W, a chord length of 1709.71 feet, for a total distance along the arc of 1734.59 feet, to a !4' iron rod set and point of deflection; THENCE S67"15'59"W, along the interior of the 924.0 acre E.G. Ranch, Ltd. tract, a distance of 478.61 feet to a %"diameter iron rod set for apoint of curvature to the right;

THENCE along the interior of the 924.0 acre E.G. Ranch, Ltd. tract, along the curve right with a radius of 1,550.00 feet, a delta angle of 0493'20': a chord bearing of S6g032'38"W, a chord length of 123.20 feet, for a total distance along the arc of 123.24 feet to a M" iron rod set, a point being along the eastern boundary line of the Vaquillas Development, Ltd. tract and the western boundary line of the 924.0 acre E.G. Ranch, Ltd. tract;

THENCE N22"44'02"W, along the eastern boundary line of the Vaquillas Development, Ltd. tract and the western boundary line of the 924.0 acre E.G. Ranch, Ltd. tract, a distance of 20.06 feet to the POINT OF BEGINNING,containing within these metes and bounds 4.148 acres, more or less.

Date

LEGAL DESCRIPTION E.C. RANCH, LTD. EASEMENT #4

A tract of land containing 0.020 acres, more or less, situated in Laredo, Webb County, Texas out of 20.000 acre tract described in deed from Marvin E. Melson to E.G. Ranch, Ltd., and recorded in Volume 1190, Pages 103-105 W.C.R.P.R.; this 0.020 acre tract is more particularly described by metes and bounds as follows:

COMMENCING at a !A" iron rod found, same point being the northeast comer of Molina Investment. L.P. tract recorded in Volume 676. Paaes 184-185 W.C.R.P.R. and the northwest comdr of the aforementioned E.G. ~anch,~;d. tract;

THENCE S72°10'00"E, along the south right of way line of State Highway 359 and the north line of the E.G. Ranch, Ltd. tract, a distance of 403.96 feet to a %"diameter iron rod set and the POINT OF BEGINNING and northwest comer of this 0.020 acre tract;

THENCE S72"10'00"E, along the south right of way line of State Highway 359 and the north line of the E.G. Ranch, Ltd. tract, a distance of 57.87 feet to a !A" iron rod set and northeast comer hereof;

THENCE S17"50'00"W, along the interior of the E.G. Ranch Ltd. tract, a distance of 15.00 feet to a W iron rod set and southeast comer hereof;

THENCE N72"10'00'W, along the interior of the E.G. Ranch Ltd. tract, a distance of 57.87 feet to a !4'' iron rod set and southwest corner hereof;

THENCE N17"50'00"E, along the interior of the E.G. Ranch Ltd. tract, a distance of 15.00 feet to the POINT OF BEGINNING, containing within these metes and bounds 0.020 acres, more or less;

1-1 1-1 EXHIBIT

COUNCIL COMMUNICATION

DATE: SUBJECT: RESOLUTION NO. 2005-R-102 Declaring the public necessity to acquire the "Surface Only" of three parcels of land for the McPherson Road/Hillside Road lntersection Reconstruction 10-03--05 Project, these being: (I) a 50-square foot parcel of land out of Lot 1, Block 1, Samlon Joint Venture Subdivision, Phase I, as recorded in Volume 09, Page 32, Plat Records, Webb County, Texas, and described by Metes and Bounds and Survey attached as Exhibits A and B, (2) a 199-square foot parcel of land out of Lot 1, Block 1, McPherson Plaza, as recorded in Volume 03, Page 30-A, Plat Records, Webb County, Texas, and described by Metes and Bounds and Suwey attached as Exhibits C and D, (3) a 312-square foot parcel of land out of Lot 78, Block 2, North Creek Subdivision, as recorded in Volume 03, Page 29-A, Plat Records, Webb County, Texas, and described by Metes and Bounds and Survey attached as Exhibits E and F; and authorizing staff to negotiate for the acquisition of said parcels by purchase at market values to be established by a State Certified Real Estate Appraiser, and further authorizing the City Attorney to initiate condemnation proceedings to acquire said parcels if staff is unable to acquire through negotiations due to inability to agree to a purchase price, conflict of ownership, owner refusal to sell, and/ or inability to locate the listed owner(s).

INITIATED BY: STAFF SOURCE: Cynthia Collazo Angelo Ferrazzano Deputy City Manager Real Estate Manager PREVIOUS COUNCIL ACTION: None.

BACKGROUND: The City of Laredo is in the process of implementing the McPherson RoadIHillside Road lntersection Reconstruction Project. Said project is designed to widen and improve the McPherson RoadlHillside Road intersection for enhancing the turning movements and general traffic circulation.

In order to proceed with the McPherson Road/Hillside Road lntersection Reconstruction Project, it is necessary for the City of Laredo to acquire the three above-referenced land parcels as described in the exhibits.

FINANCIAL IMPACT: Funding for this project is available in Acct. # 518-5190-585-9301

COMMllTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Staff recommends approval of Resolution. RESOLUTION NO. 2005-R-102

DECLARING THE PUBLIC NECESSITY TO ACQUIRE THE "SURFACE ONLY" OF THREE PARCELS OF LAND FOR THE McPHERSON ROAD/HILLSIDE ROAD INTERSECTION RECONSTRUCTION PROJECT. THESE BEING: (1) A 50-SQUARE FOOT PARCEL OF LAND OUT OF LOT 1, BLOCK 1, SAMLON JOINT VENTURE SUBDIVISION, PHASE I, AS RECORDED IN VOLUME 09, PAGE 32, PLAT RECORDS, WEBB COUNTY, TEXAS, AND DESCRIBED BY METES AND BOUNDS AND SURVEY A'ITACHED AS EXHIBITS A and B, (2) A 199-SQUARE FOOT PARCEL OF LAND OUT OF LOT I, BLOCK 1, McPHERSON PLAZA, AS RECORDED IN VOLUME 03, PAGE 30-A, PLAT RECORDS, WEBB COUNTY, TEXAS, AND DESCRIBED BY METES AND BOUNDS AND SURVEY ATTACHED AS EXHIBITS C and D, (3) A 3 12-SQUARE FOOT PARCEL OF LAND OUT OF LOT 78, BLOCK 2, NORTH CREEK SUBDIVISION, AS RECORDED IN VOLUME 03, PAGE 29-A, PLAT RECORDS, WEBB COUNTY, TEXAS, AND DESCRIBED BY METES AND BOUNDS AND SURVEY ATTACHED AS EXHIBITS E and F; AND AUTHORIZING STAFF TO NEGOTIATE WITH THE OWNERS FOR THE ACQUISITION OF SAID PARCELS BY PURCHASE AT MARKET VALUES TO BE ESTABLISHED BY A STATE CERTIFIED REAL ESTATE APPRAISER, AND FURTHER AUTHORIZING THE CITY ATTORNEY TO INITIATE CONDEMNATION PROCEEDINGS TO ACQUIRE SAID PARCELS IF STAFF IS UNABLE TO ACQUIRE DUE TO INABILITY TO AGREE TO A PURCHASE PRICE, CONFLICT OF OWNERSHIP, OWNER REFUSAL TO SELL, AND/OR INABILITY TO LOCATE THE LISTED OWNER(S).

WHEREAS, the City of Laredo is in the process of implementing the McPherson RoadNillside Road Intersection Reconstruction Project; and

WHEREAS, said project is designed to widen and improve the McPherson RoadIHillside Road intersection for enhancing the turning movements and general traffic circulation; and WHEREAS, in order to proceed with the McPherson RoadkIillside Road Intersection Reconstruction Project, it is necessary for the City of Laredo to acquire the three above-referenced land parcels, as described in the exhibits.

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

A. It does hereby find and declare that there is a public necessity to acquire the "Surface Only" of three parcels of land for the McPherson Roamillside Road Intersection Reconstruction Project, these being: (1) a 50-foot square foot parcel of land out of Lot 1, Block 1, Samlon Joint Venture Subdivision, Phase I, as recorded in Volume 09, Page 32, Plat Records, Webb County, Texas, and described by Metes and Bounds and Survey attached as Exhibits A and B, (2) a 199-square foot parcel of land out of Lot 1, Block 1, McPherson Plaza, as recorded in Volume 03, Page 30-A, Plat Records, Webb County, Texas, and described by Metes and Bounds and Survey attached as Exhibits C and D, (3) a 312-square foot parcel of land out of Lot 78, Block 2, North Creek Subdivision, as recorded in Volume 03, Page 29-A, Plat Records, Webb County, Texas, and described by Metes and Bounds and Survey attached as Exhibits E and F.

B. It authorizes staff to negotiate with the owners for the acquisition of said parcels by purchase at market values to be established by a State Certified Real Estate Appraiser.

C. It further authorizes the City Attorney initiate condemnation proceedings to acquire said parcels if staff is unable to acquire due to inability to agree to a purchase price, conflict of ownership, owner refusal to sell, and/or inability to locate the listed owner(s). D. This Resolution shall become effective upon passage thereof

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON OF. THIS THE DAY OF. 2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR CITY SECRETARY

APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY By: ANTHONY C. McGETTRICK ASST. CITY ATTORNEY Mejia (I Ruiz and Surveyors, LL.G. 101 W. Hillside. Suite 10 Laredo, Texas 78041 956-724-8423 724-7208 fax

Field Notes For a 50 square foot tract of land Out of Lot 1, Block 1 Samlon Joint Venture Subdivision, Phase 1 Webb County, Texas

Being a 50 square foot tract of land out of Lot 1, Block 1, Samlon Joint Venture Subd'~vision, Phase I, as recorded in Volume 09, Pages 32, Plat Records, Webb County, Texas, and being more particularly described by metes and bounds as follows, to wit

Beginning at a %" iron rod set at the westerly Right of Way line of McPherson Road, from which a %" iron rod found at the southwest comer of said Lot 1, Block 1 bears South 56 dcgrecs 55 minutes 11 seconds West, 240.53 ket, for the southeast corner hereof;

Thence, North 34 degrm 57 minutes 17seeonds Wesi, I410feet to a %" iron rod set at the southerly Right of Way lieofHillside Road, forthe most tvesterly comer heroof;

Thence, with the southerly Right of Way line of said Hillside Road, South 80 drgrm 08 mlnutes 35seconds East, 10.00feet apoint on the westerly Right ofway lieof aforementioned McPherson Road, for the northeast corner hereof;

Thence, with the westerly Right of Way line of McPherson Road, South 10 degrees 14 minutes 00 seconds West, 1lbOOfeet to the Point of Beginning and containing 50 square feet of land, more or less.

Basis of Bearings: A %" iron rod found at the southwest wmer of Lot 1, Block 1, Samlon Joint Venture Subdivision, and a !4" iron rod found at the southerly Right of Way line of Hillside Road, Held to be: North 46 degrees 50 minutes 48 seconds West, 316.47 feet.

State of Texas:

rofessional Land Surveyor, do hereby state that the above 'Plat of Survey" was prepared from an actual survey of the nd and that the comer monuments shown were

86 -/5= or Current Date '.i li.-1EXHIBIT DIAMOND SHAMROCK

out Of Lot 1. BIWk 1. n. Phase 1, recorded in ds. Webb County. Twos. Mejia & Ruiz Land Surveyors, L.L.C. 101 W. Hillside, Suite 10 Laredo. Texas 78041 956-724-8423 724-7208 fax

Field Notes For a 199 square foot tract of land Out of Lot 1, Block 1 McPherson Plaza Webb County, Texas

Being a 199 square foot tract of land out of Lot 1, Block 1, McPherson Plaza, as recorded in Volume 03, Pages 30-A Plat Records, Webb County, Texas, and being mom particularly described by metes and bounds as follows, to wit:

Beginning at a %"iron rod set at the southerly Right of Way line of Hillside Road, hmwhich a %" iron rod found at the northeast comer of said Lot 1, Block 1 bears North 82 degrees 18 minutes 26 seconds East, 273.16 feet, for the most wriycomer hereof;

Thence, South 54 degrees 28 mhutes 23'seconds West, 2866 feet to a %"iron rod set at the easterly Right of Way line of McPherson Road, for the southwest comer hcreof;

Thence, with the easterly Right of Way line of said McPherson Road, North 10 degrees I4 minutes 00 seconds E&, ZaOO J& to a point on the southerly Right of Way line of aforementioned Hillside Road, on a curve to the left with a radius of 489.1 1 feet, for the northwest corner hereof,

Thence, with the southerly Right of Way She of said Hillside Road, and said curvi to the left a distance of 20.00 feet (Chord bearing North 86 degrees 25 minutes 05 seconds East, 20.00 feet) to the Point of Beginning and containing 199 square feet of land, more or less.

Basis of Bearings: A %" iron rod found at the southwest wmer of Lot 1, Block 1, Sarnlon Joint Venture Subdivision, and a W iron rod found at the southerly Right of Way line of Hillside Road, Held to be: North 46 degrees 50 minutes 48 seconds West, 3 16.47 feet.

State of Texas: County of Webb:

onal Land Surveyor, do hereby state that the above prepared from an actual survey of fl~e that the corncr monuments shown were

Current Date GIEXHIBIT

Mejia & Ruiz and Surveyors, L.L.C. 101 W. Hillside. Sulte 10 Laredo. Texas 78041 9587268423 724-7208 fax

Field Notes For a 312 square foot tract of land Out of Lot 78, Block 2 North Creek Subdivision Webb County, Texas

Being a 312 square foot tract of land out of Lot 78, Block 2, North Creek Subdivision, as recorded in Volume 03, Pages 294, Plat Records, Webb Cwnly, Texas, and being more particulculy described by metes and bounds as Eollows, to wit:

Beginning at a %"iron rod set at the northerly Right of Way line of Hillside Road, from which a '/" iron rod found at the southwest of Lot 69, Block 2 bears North 80 degrees 1I minutes 53" seconds West, 498.70 feet, for the most westerly comer hereof;

Thence, North 55 degrees 19 mnanutes18 seconlIs East, 33147 fed to a %"iron rod set at the wvestery Right of Way lime of McPherson Road, for the most northerly wmer hereof,

Thence, with the westerly Right of Way line of said McPherson Road, South I0 degrees 30 minutes 35 second9 West, 25.00 fed a poht on the northerly Right of Way line of aforementioned Hillside Road, for the southeast wmer hereof;

Thence, with the northerly Right of Way line of said Hillside Road, Nodh 79 degrees 52 minutes 00 seconlIs WestJ.5.00 feet to the Point of Beginning and containing 312 square feet of land, more or less.

Basis of Bearings: A !4" iron rcd found at the southwest comer of Lot 1. Block 1, Samlon Joint Venture Subdivision, and a %" iron rod found at the southerly Right of Way line of Hillside Road, Held to be: North 46 degrees 50 minutes 48 seconds West, 3 16.47 feet.

State of Texas: County of Webb:

Land Surveyor, do hereby state that the above 'Plat of Survey" was prepared from aa actual survey of the on the ground and that the corner monuments shown were

07&-/5'or Current Date ElEXHIBIT

COUNCIL COMMUNICATION

DATE: SUBJECT: RESOLUTION NO. 2005-R-103 EXPRESSING THE CONCERN OF CITY COUNCIL AND URGING THE FEDERAL GOVERNMENTS OF THE UNITED STATES AND OF MEXICO TO BRING THEIR 10/3/05 RESOURCES AND ATTENTION TO BEAR IN A CONCERTED EFFORT TO INTENSIFY THEIR CURRENT EFFORTS TO OBTAIN THE SAFE RETURN OF ALL AMERICAN CITIZENS, SOME OF WHOM ARE FROM LAREDO, TO THEIR PARENTS AND FAMILIES.

INITIATED BY: STAFF SOURCE:

Lany Dovalina Jaime L. Flores City Manager City Attorney

PREVIOUS ACTION:

None.

BACKGROUND:

None.

FINANCIAL:

None.

RECOMMENDATION: STAFF RECOMMENDATION: RESOLUTION NO. 2005-R-103

EXPRESSING THE CONCERN OF CITY COUNCIL AND URGING THE FEDERAL GOVERNMENTS OF THE UNITED STATES AND OF MEXICO TO BRING THEIR RESOURCES AND ATTENTION TO BEAR IN A CONCERTED EFFORT TO INTENSIFY THEIR CURRENT EFFORTS TO OBTAIN THE SAFE RETURN OF ALL AMERICAN CITIZENS, SOME OF WHOM ARE FROM LAREDO, TO THEIR PARENTS AND FAMILIES.

WHEREAS, members of several Laredo families have been missing for a period of time in Mexico and efforts to locate them have to date been unsuccessful; and

WHEREAS, the City Council of the City of Laredo wishes to express its concern for these impacted families and to urge the continued dialogue between our two federal governments to work together to seek the safe return of these Americans to their families.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO, TEXAS:

Expressing the concern of City Council and urging the federal governments of the United States and of Mexico to bring their resources and attention to bear in a concerted effort to intensify their current efforts to obtain the safe return of all American citizens, some of whom are from Laredo, to their parents and families.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2005.

JOSE A. VALDEZ, JR. ATTEST: MAYOR PRO TEMPORE

GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED*+ AS TO FORM JAIME L. FLORES CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: Resolution #2005-R-104 Accepting a grant in the amount of $40,000.00 from the Texas Department of Transportation for the Comprehensive STEP program. The City of Laredo will be contributing a cash match in the amount of $10,537.00 for a total grant amount of $50,537.00. This arant is for I overtime and fringe benefits for the Laredo Police ~e~artment. INITIATED BY: STAFF SOURCE: Cynthia Collazo Agustin Dovalina, Ill. Deputy City Manager Chief of Police

PREVIOUS COUNCIL ACTION: None. I ACTION PROPOSED: Recommends approval of resolution.

BACKGROUND:

The Texas Department of Transportation has awarded a grant entitled Comprehensive STEP program to the Laredo Police Department. The grant will pay for overtime salaries and fringe benefits for police officers for the enforcement of motor vehicle laws from October 01,2005 - September 30, 2006.

TXDOT-Comp. STEP Grant $40.000 CITY OF LAREDO Cash Match $10,537

Total Grant $50,537

RECOMMENDATION: I STAFF: Recommends public hearing and introduction of ordinance. RESOLUTION #2005-R-104

Accepting a grant in the amount of $40,000.00 from the Texas Department of Transportation for the Comprehensive STEP program. The City of Laredo will be contributing a cash match in the amount of $10,537.00 for a total grant amount of $50,537.00. This grant is for overtime and fringe benefits for the Laredo Police Department.

Whereas, there is available to the City of Laredo a grant entitled Comprehensive STEP Program from the Texas Department of Transportation for a program which would pay for overtime salaries for police officers for the enforcement of motor vehicle laws from October 1, 2005 -September 30,2006; and

Whereas, the Police Chief Recommends that the Council authorize acceptance of a grant for such a program in the amount of $40,000 for fiscal year 2005-2006; and

Whereas, the City Council finds that such acceptance should be made and will be beneficial to the City.

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

Section 1: It authorizes the City Manager to accept a grant from the Texas Department of Transportation in the amount of $40,000 for the enforcement of Motor Vehicle laws from October 1, 2005 through September 30,2006.

Section 2: It authorizes the City Manager to execute all necessary documents to achieve said grant and to effectuate its terms. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2005.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY COUNCIL COMMUNICATIONS

- DATE: SUBJECT: RESOLUTION 2005-R-105 1013/2005 A resolution of the City of Laredo Council to nominate a candidate for the Webb County Appraisal District Board of Directors and to cast 846 votes for City Council Member Hector 'Tito' Garcia, as the City of Laredo's member to the Webb County Appraisal District Board of Directors for the 2006-2007 term as per Section 6.03 of the Texas Property Tax Code. The remaining 228 votes will be cast in favor of the candidate for the Laredo lndependent School District; and directing the Secretary to transmit a certified copy of this resolution to the Chief Appraiser of the Webb County - Appraisal District before October 15, 2005. INITIATED BY: STAFF SOURCE: CYNTHIA COLLAZO, ELIZABETH MARTINEZ DEPUTY CITY MANAGER TAX ASSESSOR-COLLECTOR PREVIOUS COUNCIL ACTION: On October 6, 2003, Resolution 2003-R-124 was approved nominating and casting 862 votes to Council Member John C. Galo as the City of Laredo's member to the Webb County Appraisal District Board of Directors for the 2004-2005 term. The remaining 21 1 votes were casted in favor of the candidate for Laredo lndedendent School District. BACKGROUND: Every odd numbered year, the Chief Appraiser of the Appraisal District must submit the total number of votes to each taxing unit eligible to vote for the Board of Directors. By October 15,2005, the City Council must nominate and deliver to the Chief Appraiser the names of those persons nominated. The City is entitled to 1,074 votes that may be used to elect one to five candidates. Eight hundred and thirty four (834) are required to have a place filled. The number of votes is determined by the percentage of the City's 2004 tax levy in relation to all other tax levies within the Webb County Appraisal District. The Property Tax Code allows the City to nominate one person per position up to a total of five. Each person will be placed on the ballot. Before, December 15, 2005, the Council must cast its 1,074 votes in any manner it wishes for those individuals listed on the ballot provided by the Chief Appraiser. The board members will oversee the operations of the Webb County Appraisal District. Traditionally, the City of Laredo has voted for one of their council member and then casts the extra votes in favor of the Laredo lndependent School District.

FINANCIAL: There will be no financial impact to the City.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Approve resolution to nominate and cast City's vote for Webb County Appraisal District Board of Directors and delegate remaining votes to L.I.S.D. RESOLUTION NO. 2005-R-105

A RESOLUTION OF THE CITY OF LAREDO COUNCIL TO NOMINATE A CANDIDATE FOR THE WEBB COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS AND TO CAST 846 VOTES FOR CITY COUNCIL MEMBER HECTOR 'TITO' GARCIA, AS THE CITY OF LAREDO'S MEMBER TO THE WEBB COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS FOR THE 2006-2007 TERM AS PER SECTION 6.03 OF THE TEXAS PROPERTY TAX CODE. THE REMAINING 228 VOTES WILL BE CAST IN FAVOR OF THE CANDIDATE FOR THE LAREDO INDEPENDENT SCHOOL DISTRICT; AND DIRECTING THE CITY SECRETARY TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE CHIEF APPRAISER OF THE WEBB COUNTY APPRAISAL DISTRICT BEFORE OCTOBER 15,2005.

WHEREAS, pursuant to Section 6.03 of the Property Tax Code, the City of Laredo has received notice on September 15,2005, from the Chief Appraiser of the Webb County Appraisal District of the 1,074 number of votes to which the City of Laredo is entitled to, and may nominate by resolution one candidate for each position to the Board of Directors; and

WHEREAS, pursuant to Section 6.03, of the Property Tax Code, each taxing unit entitled to vote on the election may nominate by resolution one candidate for each position to be filled on the Board of Directors; and

WHEREAS, Section 6.03, of the Property Tax Code, provides that the Mayor, as Presiding Officer of the City Council, shall submit the names of the City of Laredo's nominees to the Chief Appraiser of the Webb County Appraisal District before October 15,2005; and

WHEREAS, the foregoing is a necessary prelude for the preparation of the ballot by the Chief Appraiser of the Webb County Appraisal District, which ballot will be submitted to each of the taxing units prior to October 30,2005, for further action by the City Council; and

WHEREAS, the City Council is entitled to cast 1,074 votes in total for one or more of the nominated candidates.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: 1. The following persons are nominated as candidates from the City of Laredo for placing on the ballot for election of the next Board of Directors of the Webb County Appraisal District:

Name Address a. Council Member 11 10 Houston Street City-Hall

2. The City Council casts its votes on the official ballot of nominees for the Webb County Appraisal District Board of Directors as follows:

1. Name: Votes Cast: 846

2. Name: Cast the remaining votes in favor of the candidate for the Laredo Independent School District. Votes Cast: 228

3. A certified copy of this resolution shall be delivered to Sergio Delgado, Chief Appraiser, Webb County Appraisal District by or on behalf of the Mayor, before October 15,2005 or as soon thereafter as possible.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF OCTOBER, 2005.

Elizabeth G. Flares, Mayor ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY

BY:

ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION DATE: I SUBJECT: RESOLUTION NO. 2004-R-107 Authorizing the City Manager to enter into a contract with the South Texas 10/03/2005 Development Council and accept the grant in the amount of $100,897.00 for the HIVIAIDS Health and Social Services Project of the City of Laredo Health Department, for the period beginning September 1, 2005, through August 31, 2006. The City Manager is also authorized to accept additional funds from the South Texas Development Council in support of the activities funded by these I grants. [NITIATED BY: STAFF SOURCE: Zynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy City Manager Health Director PREVIOUS COUNCIL ACTION: On October 25, 2004, Council approved Resolution 2004- X-111 for the HIVIAIDS Health and Social Services Project of the City of Laredo Health 3epartment for the period beginning September 1,2004, through August 3 1,2005. BACKGROUND: fie Texas Department of State Health Services began the reorganization of HIV Planning Areas md Administrative Agencies in 1999. This reorganization included funds for administration, ?laming and evaluation services in ten planning areas including Texas, including South Texas :Laredo and Harlingen HSDAs). The first step in this process was to develop a set of core :ompetencies required of Administrative Agencies (AA). As a result, the STDC was selected as he Administrative Agency for South Texas, which includes Harlingen and Laredo HSDAs. fie primary role of the South Texas Development Council is to apply for and manage TDSHS Funds and programs for the provision of HIV services. An administrative agency is authorized to receive funds from the TDSHS and distribute them according to the service priorities established in the HN care plan. The AA is also authorized to assess an administrative fee for management ~f this contract.

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

The City Manager is also authorized to accept additional funds from the South Texas Development Council in support of the activities funded by these grants.

FINANCIAL: The City of Laredo will receive $100,897.00 in funds from the South Texas Development Council, for HIVIAIDS Health and Social Services Project of the City of Laredo Health Department for the period beginning September 1,2005, through August 31,2006. This program has been assigned revenue account number 226-0000-323-4050 and expenditure division 226-6082. RECOMMENDATION: STAFF: Recommends that Council approve the resolution. RESOLUTION NO. 2005-R-107

AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE SOUTH TEXAS DEVELOPMENT COUNCIL AND ACCEPT THE GRANT IN THE AMOUNT OF $100,897.00 FOR THE HIVIAIDS HEALTH AND SOCIAL SERVICES PROJECT OF THE CITY OF LAREDO HEALTH DEPARTMENT, FOR THE PERIOD BEGINNING SEPTEMBER 1, 2005, THROUGH AUGUST 31, 2006. THE CITY MANAGER IS ALSO AUTHORIZED TO ACCEPT ADDITIONAL FUNDS FROM THE SOUTH TEXAS DEVELOPMENT COUNCIL IN SUPPORT OF THE ACTIVITIES FUNDED BY THESE GRANTS.

WHEREAS, the Texas Department of State Health Services began the reorganization of HIV Planning Areas and Administrative Agencies in 1999. This reorganization included funds for administration, planning and evaluation services in ten planning areas in Texas, including South Texas (Laredo and Harlingen HSDAs). The first step in this process was to develop a set of core competencies required of Administrative Agencies (AA). As a result, the South Texas Development Council was selected as the Administrative Agency for South Texas which includes Harlingen and Laredo HSDAs: and

WHEREAS, the primary role of the South Texas Development Council is to apply for and manage TDSHS funds and programs for the provision of HIV services. An administrative agency is authorized to receive funds from the TDSHS and distribute them according to the service priorities established in the HIV care plan. The AA is also authorized to assess an administrative fee for management of this contract; and

WHEREAS, the South Texas Development Council will provide funds to City of Laredo Health Department in the amount of $100,897.00 for the HIVIAIDS Health and Social Services Project for the period beginning September 1, 2005, through August 31, 2006.; and

WHEREAS, the purpose of the HIVIAIDS Health and Social Services Project is to plan, develop and deliver comprehensive outpatient heath and support services to meet identified needs of persons with HIV or the AIDS disease within the geographic area of Webb, Jim Hogg, Zapata, and Stan Counties. Services provided include case management, medical, nursing, dental care, insurance assistance, diagnostic, monitoring, medical follow-up services, mental health, developmental and rehabilitative services, home health services, personal care services, day treatment or other partial in-patient services, home intravenous and aerosolized drug therapy, routine diagnostic testing, hospice care, and other essential social support services; and WHEREAS, the City Manager is hereby authorized to accept additional funds from the South Texas Development Council in support of the activities funded by these grants.

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

Section 1: The City Manager is hereby authorized to enter into a contract with the South Texas Development Council and accept the grant in the amount of $100,897.00 for the HIVIAIDS Health and Social Services Project of the City of Laredo Health Department, for the period beginning September 1, 2005, through August 31,2006.

Section 2: The City Manager is hereby authorized to accept additional funds from the South Texas Development Council in support of the activities funded by these grants.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR

ON THIS DAY OF ,2005.

ELIZABETH G. FLORES MAYOR ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM:

ERNEST0 A. GARCIA ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION Authorizing the City Manager to approve agreed upon terms for an amendment to the 10/03/05 Collective Bargaining Agreement between the Laredo Police Officers Association and the City of Laredo on September 20, 2005 in the estimated amount of $90,765. Said amount is derived from the sale of Association Business Leave hours valued at $ 52,370 and Serious Illness Leave Hours with an estimated valued of $ 38,395. This transaction is to 1 be retroactive effective as of September 30, 2005. INITIATED BY: I STAFF SOURCE: / Larry Dovalina, City Manager / Cynthia Collazo, Deputy City Manager I I PREVIOUS COUNCIL ACTION:

On September 6Ih City Council approved a motion to re-negotiate provisions Section 9.3 and 9.4 Section 17.2 and Section 20.5 of the Collective Bargaining Agreement between the City of Laredo and the Laredo Police Officers Associate dated October 1,2002 to September 30,2007.

BACKGROUND:

The Police Health and Benefits Trust Fund currently pays for Police Retiree premiums. Since the deductions are not sufficient to cover the retiree medical contributions, staff has negotiated with the Laredo Police Officers Association (L.P.O.A.) as well as C.L.E.A.T. (Combined Law Enforcement Association of Texas) on the items noted above in order to cover the deficit.

Since the pension upgrade of 7% employee contribution with a City 14% match, a larger than expected number of the police officers have elected to retiree with medical benefits. Consequently, the funding source to pay the retiree and dependent contribution has been over utilized.

The Association Business Leave hours being sold represent the hours contributed by the L.P.O.A. members prior to and up to 1996. The Serious Business Leave hours are hours that have been accumulated by L.P.O.A. from its members throughout the years into the pool.

FINANCIAL IMPACT:

A transfer will be processed from General Fund Reserve line item 101-9810-594-9919 and a contribution will be recognized to the Police Health and Benefits Trust Fund.

The value of the Serious Leave Hours will be adjusted according to the actual amount required based on the deficit.

I COMMITTEE RECOMMENDATION: ) STAFF RECOMMENDATION: Recommend to approve motion. COUNCIL COM%IUNICATION

7 DATE: MOTION: Consideration to authorize the City Manager to negotiate a contract for the procurement 10/03/2005 and implementation of a new 800 MHz trunked radio communication system. A Request for Proposal (RFP) was prepared to incorporate the City's radio requirements and permit competitive and compliant proposals from the major radio vendors. This system will replace the existing radio communication systems for the public safety and public service departments. Two vendors reslonded to the City request for proposal. INITIATED BY: STAFF SOURCE: Evaluation Committee Larry Dovalina, City Manager Jessica Hein, Executive Assistant to the City Manager Alejandro Labrada, Engineering Department Steve Landin, Deputy Fire Chief Oscar J. Medina, Solid Waste Department Director Francisco Meza, Purchasing Agent Gilberto L. Navarro, Assistant Police Chief

PREVIOUS COUNCIL ACTION: On 4/04/05 authorized that proposals be accepted for the purchase of a new radio communication system. BACKGROUND: After submitting the RFP to vendors, The City conducted a pre-proposal conference on June 2, 2005 with all interested vendors. On August 5, proposals were received from Motorola and Dailey & Wells. The City appointed a six person evaluation committee to review the submitted proposals and to submit their comments and questions regarding these proposals. On September 12 and 13, the City's evaluation committee with the City's consultant, John Griesel, made site visits to large, multi-agency installed radio systems in San Antonio and in Austin that had been engineered and installed by Motorola and Dailey & Wells.

City staff has evaluated both proposals based on the RFP evaluation criteria. The evaluation criteria included: technical compliance, reliability of system design, vendor references, acquisition, maintenance, and operational costs, and complete project implementation schedule.

The initial cost proposals included: Dailey& Wells $6,999,793.33 Motorola $6,999,602.00 FINANCIAL: Communication System Fund Contractual Obligation Bond Proceeds $3,000,000.00 Homeland Security Grant Funding $1,200,000.00 Lease Purchase Proceeds $1,400,000.00 Machinery & Equipment $1,200,000.00 Total $6,800,000.00 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: To be announced at the City Council meeting. It is recommended that this action be authorized. COUNCIL COMMUNICATION

DATE: I SUBJECT: MOTION Consideration for approval to award a construction contract to the lowest qualified bidder 10/03/05 Summit Contracting, Ltd., Laredo, Texas, in the bid amount of $687,767.80 for the Laredo International Bridge I1 Widening. Funding is available in the Bridge Revenue Bond I 2005A. INITIATED BY: I STAFF SOURCE: Larry Dovalina, Rogelio Rivera, P.E., City Manager City Engineer

I PREVIOUS COUNCIL ACTION: None.

BACKGROUND: The project consists of modification from an existing configuration of 3 lanes northbound1 3 lanes southbound to 4 northl4 south, while eliminating the sidewalk on the east side, and reducing the sidewalk on the west side. The work also includes a concrete overlay, relocation of light poles, and other electrical work. Plans and specifications were prepared by Halliburton KBR, Austin, Texas. I Three (3) two bids were received and opened at the City Secretary's Office on Thursday, September 15, 2005, at 2:00 P.M. as follows:

Contractor (Bidder) Base Bid Corrected Bid Summit Contracting, Ltd. $687,767.80 (No Change) I Weslaco, Texas I I Rhino Builders. Ltd. * $670,243.75 $784,524.00 Laredo, Texas Gilbert Texas Construction $1,456,700.33 (No Change) Fort Worth, Texas

*There was a mathematical error made in the proposal by Rhino Builders, Ltd., which when corrected, makes their bid higher than that of Summit Contracting, Ltd. The error in the unit price of Pavement Surface Preparation, Item Number 18, was written in as "sixty-two dollars", but was written in numbers as "0.62", or sixty-two cents. The difference in the extended error for that item changes the price from "$1,163.75" to "$1 15,444.00". Because the two other bidders quoted prices closer to the $0.62 quoted by Rhino Builders, Ltd., it is apparent that Rhino meant to write "sixty-two cents", instead of "sixty-two dollars". However, the bid documents under "Instruction to Bidders", Section C-3.03, "Preparation of Proposal" states that "In Case of a Conflict between Words and Numerals, the Words Will Govern". Upon correction of the unit price on item no. 18, the proposal for Rhino Builders Ltd., changes from $670,243.73 to $784,524.00. Page 1 of 2

FINANCIAL IMPACT: Funding is available in the Bridge Revenue Bond 2005A. ACCOU~No. 553-4065-535-9301 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA. Approval of Motion. is per Section 3.10 of the bid documents, "Disqualification of Bidder", under "Instruction to Bidders", a ~roposalmay be disqualified and rejected on the basis of lack of competency as revealed by experience ecord". The bid by Rhino Builders, Ltd., does not list any experience on bridge modifications. The bid ~y Summit Contracting, Ltd, lists three bridge projects including the Camino Colombia International )ridge and the Progreso International Bridge.

Sased on the issues with both the bid error and their apparent lack of experience, it is recommended that he bid by Rhino Builders, Ltd., be disqualified.

-he bid and bid bonds for Summit Contracting, Ltd, were checked and found to be in order. Staff herefore concurs with consultant and recommends award in the hid amount of $687,767.80 to the lowest lualified bidder Summit Contracting, Ltd., Laredo, Texas.

:ontract time is one hundred (100) working days after notice to proceed is issued.

Page 2 of 2 CONSIDERATION FOR APPROVAL TO REJECT THE BID AND AWARD A CONSTRUCTION CONTRACT TO THE QUALIFIED BIDDER FOR THE LAREDO INTERNATIONAL BRIDGE I1 WIDENNING

CITY COUNCIL MEETING CITY OF LAREDO AGENDA ITEM OCTOBER 3, 2005 ENGINEERING DEPARTMENT I IOIO ma n ro m in m nl-1x6 ru IIIOInl-i*r COUNCIL COMMUNICATION

)ATE: SUBJECT: MOTION Consideration for approval of the selection of consultant Sepulveda Associates Architects, 10/03/05 Inc., Laredo, Texas, for the City of Laredo Health Department FY05 Bond Project Remodeling the Immunization Clinic and Installation of New Elevators and authorization to negotiate a professional services contract. Funding is available in the 2005 CO Account.

INITIATED BY: STAFF SOURCE: ,any Dovalina, Rogelio Rivera, P.E., :ity Manager City Engineer

I 'REVIOUS COUNCIL ACTION: rTone.

3ACKGROUND: he(1) firm responded to the request for qualifications on Friday, September 9,2005, at 4:00 P.M. as bllows:

I. Sepulveda Associates Architects, Inc., Laredo, Texas

;cope of services include, but are not limited to, design, preparation of plans and specifications to City, State and Federal requirements and in compliance with ADA.

1. Immunization Clinic: Remodel and reconfigure the existing clinic currently at 2600 Cedar Avenue, first floor of the South Building to enlarge the existing facilities and extend the offices within the existing building.

2. Elevator: (A). Upgrade and/or install new the current elevator system in the South Building 2600 Cedar Avenue first floor to second floor to assure all safety standards and ADA requirements. (B). Add a new elevator in the middle building to comply with all safety standards and ADA requirements.

The Staff Committee composed of several City Departments evaluated the submittals and presentations, based on the City's standard selection criteria (capability to perform, professional background, quality of projects, etc.) Sepulveda Associates Architects, Inc., Laredo, Texas, is recommended.

FINANCIAL IMPACT: Funding is available in the 2005 CO Account. Account No. 460-9810-535-9201

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: This item was presented to the Engineering Approval of Motion. Contract Review Committee on Friday, September 30,2005. COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION Consideration to exercise the renewal option for contract FY05-060, awarded to the sole 10103/05 bidder, Rob-K Concrete, Laredo, Texas for the purchase of rebar and wire mesh for a six month period. This contract establishes pricing for these materials used for construction or repair projects scheduled during the next six months. All materials will be purchased on an as needed basis. Funding is available in the Public Works budget and the Capital I Improvement. [NITIATED BY: I STAFF SOURCE: Horacio De Leon, Assistant City Manager Rogelio Rivera, P.E., City Engineer Francisco Meza, Purchasing Agent

PREVIOUS COUNCIL ACTION: warded a six month contract (FY05-060) on 3/29/05, to the sole bidder, Rob K Concrete, Laredo, Texas for the purchase of rebar and wire mesh for a six month period.

BACKGROUND: The City received a sole bid for the purchase of rebar and wire mesh needed for construction or repair projects scheduled for the next three months. The bid pricing is fixed for a six month period due the instability of the steel price. The bid pricing reflects a decrease of 21% for rebar and wire mesh and an increase of 14% for flat wire mesh from the previous contract amount.

This contract included a renewal option for an additional six month period.

FINANCIAL IMPACT: These materials are purchased from the Public Works budget and Capital Improvement Fund on an as need basis. 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 fion which payments for the contract purchases can be made.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be approved. COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION Consideration for approval of change order no. 3 an increase of $1,3 14,05 1.OO to the 10/03/05 construction contract with Leyendecker Construction, Laredo, Texas, for the City of Laredo Bridge of Americas Modification Project (El Portal) to expand the area on Building E by 18,800 square feet. Funding is available in the Bridge Revenue Bond 2005A. INITIATED BY: STAFF SOURCE: Larry Dovalina, Rogelio Rivera, P.E., City Manager City Engineer PREVIOUS COUNCIL ACTION: On May 16, 2005, City Council approved change order no. 2 to the construction contract with Leyendecker Construction, Laredo, Texas, for the City of Laredo Bridge of Americas Modification Project (El Portal) to add one hundred nineteen (1 19) calendar days to the contract time due to utility delays in association with buildings A and B. BACKGROUND: The proposed Bridge of Americas Modification Project is located along Water Street between Convent and Santa Maria Streets with parking lot improvements south of Water Street. The project also includes but is not limited to site and building demolition, a new bridge administration building, pedestrian bridge crossing, Water Street park pavilion building, an outbound inspection station, and a market center building. Site improvements include, but are not limited to a new off site sanitary sewer line, and on site outdoor lighting, utility improvements, sidewalk, ramp, plaza paving and road improvements i landscapelirrigation improvements, and retaining wall modifications. Also included in the project is the , procurement and installation of special traffic control equipment. Plans and specifications were prepared by Frank Architects, Laredo, Texas. 1 This change order no. 3 is to expand the area on Building E by 18,800 square feet. The original building has an area of 27,946 s.f. This change order adds 18,800 s.f. for a total of 46,746 s.f. The added cost of $1.3 million (compared with the original price of $2.7 million), includes the construction of a 16-feet wide alley to access and service the building.

Original construction contract...... $19,059,090.00 (Awarded by City Council on July 28,2004) Change order no. 1...... $ 85,607.97 (Awarded by City Council on January 24,2005) For water and sanitary sewer improvements not included in the original contract. Change order no. 2...... $ -0- To add one hundred nineteen (1 19) calendar days to the construction contract time due to utility delays in association with buildings A and B, unforeseen underground conditions, and related asbestos abatement work needed. This change order no. 3...... $ 1.314,051.00 Current construction contract amount...... $20,458,748.97 FINANCIAL IMPACT: Funding is available in the Bridge Revenue Bond 2005A. ACCOU~No. 553-4065-535-9201 COMMITTEE RECOMMENDATION: ( STAFF RECOMMENDATION: I NIA. I Approval of Motion. I

COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION Consideration to authorize the City Manager to enter into contract negotiations with a 10103/05 general contractor LEH Contractors, Inc., San Antonio, Texas, based on the best value proposal received for Los Obispos Unit-5, Remediation Project, Phase 111. Only one proposal was received. Funding is available in the Capital Improvements Fund - Los Obispos Housing Project.

INITIATED BY: STAFF SOURCE: Larry Dovalina, Rogelio Rivera, P.E., City Manager City Engineer

PREVIOUS COUNCIL ACTION: On September 27, 2004 City Council approved amendment no. 2 to authorize up to an additional $106,251.20 to the existing professional services contract with Cutler-Gallaway Services, San Antonio, Texas, for the Los Obispos Affordable Housing Project to assess cosmetic repair scope at 50 dwellings and prepare bid documents, and also to provide construction administration services for foundation repairs and cosmetic repairs.

BACKGROUND: Competitive sealed proposals were received on Monday, September 12, 2005, at 3:00 P.M.

Sole proposal was received from:

LEH Contractors, Inc., San Antonio, Texas.

The project consists of repairs and remediation for a group of fifteen (15) dwellings located in the Los Obispos Affordable Housing Project. The City of Laredo developed and constructed the Colonia Los Obispos Unit-5 project, which consisted of fifty homes, located on the block bounded by South Lucy Avenue, Severita Lane and Cassata Lane, Laredo, Texas. The project has experienced a number of workmanship related problems since being occupied, and the City of Laredo is undertaking the third phase of mitigation of those conditions with this Request for Competitive Sealed Proposals.

Plans and specifications were prepared by Cutler-Gallaway Services, Inc., San Antonio, Texas.

FINANCIAL IMPACT: Funding is available in the Capital Improvements Fund - Los Obispos Housing Project. Account No. 402-4323-535-4182

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA. Approval of Motion. COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION Consideration for approval of change order no. 1 an increase of $17,290.00 to the construction 10/03/05 contract with LEH Contractors, Inc., San Antonio, Texas, for the Los Obispos Phase I Project for additional quantities in the contract for all thirteen (13) units. Funding is available in the Capital Improvements Fund - Los Obispos Housing Project. I INITIATED BY: STAFF SOURCE: Larry Dovalina, Rogelio Rivera, P.E., City Manager City Engineer PREVIOUS COUNCIL ACTION: On June 6,2005, City Council approved a construction contract to LEH Contractors, Inc., San Antonio, Texas, in the amount not to exceed $219,950.00 for the Los Obispos Phase I Project.

BACKGROUND: The project consists of repairs and remediation for a group of thirteen (13) dwellings located in the Los Obispos Affordable Housing Project. The City of Laredo developed and constructed the Colonia Los Obispos Unit-5 project, which consisted of fifty homes, located on the block hounded by South Lucy Avenue, Severita Lane and Cassata Lane, Laredo, Texas. The project has experienced a number of workmanship related problems since being occupied, and the City of Laredo is undertaking the first phase of mitigation of those conditions with this Request for Competitive Sealed Proposals.

Plans and specifications were prepared by Cutler-Gallaway Services, Inc., San Antonio, Texas.

This change order no. 1 is for additional quantities in the contract for all thirteen (13) units.

Original construction contract...... $2 19,950.00 (Awarded by City Council on June 6,2005) This change order no. 1...... $ 17,290.00 Current construction contract amount...... $237,240.00

FINANCIAL IMPACT: Funding is available in the Capital Improvements Fund - Los Obispos Housing Project. Account No. 402-4323-535-4182

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA. Approval of Motion. COUNCIL COMMUNICATIONS SUBJECT: MOTION

DATE: Consideration to authorize the City Manager to sell surplus refuse 10103/2005 equipment to El Cenizo, and to our Sister Cities of Acambaro, Guanajuato and Montemorelos, Nuevo Leon.

INITIATED BY, STAFF SOURCE: Larry Dovalina, Gustavo Guevara, Jr. City Manager City Secretary

PREVIOUS COUNCIL ACTION:

City Council authorized the following surplus sale on May 16, 2005:

The sale consisted of 2 refuse trucks to Monclova, Coahuila at $2,500.00 each and one sweeper for $400.00. The sale to Montemorelos, Nuevo Leon consisted of 1 refuse truck at $2,500.00 and one sweeper at $400.00.

BACKGROUND:

The sale will consist of 1 refuse truck to El Cenizo, Texas at $2,500.00; 2 sweepers at $400.00 each and 2 refuse trucks at $2,500.00 each to Acambaro, Guanajuato; and 1 dump truck at $1,250.00 to Montemorelos, Nuevo Leon.

El Cenizo: 1995 Mack ------Refuse Truck # 6100 - VIN 1M2P296C1 SM023504

Montemorelos: 1991 Freightliner - Dump Truck #6065 ----- VIN 1FVXI WYBXNL484452

Acambaro: 1993 GMC-Elgin - Sweeper #6090 ------VIN 1GDM7HlJPJ513178 1993 GMC-Elgin - Sweeper #6092 ------VIN 1GDM7H1JPJ513157 1995 Mack ------Refuse #6098 ------VIN 1M2P296ClSM023502 1995 Mack ------Refuse #6099 ------VIN 1M2P296C1 SM023503

FINANCIAL: Account: Automobile Equipment 991-0000-167-0000

RECOMMENDATION: Staff recommends motion approval. COUNCIL COMMUNICATION

DATE: 1 SUBJECT: MOTION Consideration for approval of the selection of consultant Harry Jewett Associates, Laredo, 10/03/05 Texas, for the Flecha Lane Drainage Improvements and authorization to negotiate a professional services contract. Funding is available in the 2005 CO Bond.

I INITIATED BY: STAFF SOURCE: Larry Dovalina, Rogelio Rivera, P.E., City Manager City Engineer

PREVIOUS COUNCIL ACTION: None.

BACKGROUND: Ten (10) firms responded to the request for qualifications on Friday, August 26,2005, at 4:00 P.M. as follows:

1. TEC Engineers and Consultants, Inc., Laredo, Texas 2. G.G. Salinas Engineering Company, Laredo, Texas 3. Mejia Engineering Company, Laredo, Texas 4. Hany Jewett Associates, Laredo, Texas 5. Arcadis, Laredo, Texas 6. Crane Engineering Corporation, Laredo, Texas 7. Howland Engineering and Surveying Company, Laredo, Texas 8. Sherfey Engineering Company, L.L.C., Laredo, Texas 9. Foster Engineering Company, Laredo, Texas 10. Puig Engineering, L.L.C., Laredo, Texas

The proposed scope of services is to include, but not limited to:

Engineering, design, surveying and preparation of plans and specifications for demolition and replacement of a low water crossing at Flecha Lane located approximately 1500 feet West of F.M. 1472 (Mines Road). The project is to include new culverts, street reconstruction, acquisition of drainage easements, clearing and erosion control, and channelization from Bristol Road to approximately 300 feet South of Flecha Lane.

The Staff Committee composed of several City Departments evaluated the submittals and presentations, based on the City's standard selection criteria (capability to perform, professional background, quality of projects, etc.) Harry Jewett Associates, Laredo, Texas, is recommended.

FINANCIAL IMPACT: Funding is available in the 2005 CO Bond. Account No. 460-9852-535-4883 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA. Approval of Motion.

COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION Consideration for approval of the selection of consultant Crane Engineering Corporation, 10/03/05 Laredo, Texas, for the Maryland Taylor Drainage Improvements and authorization to negotiate a professional services contract. Funding is available in the 2005 CO Bond.

I INITIATED BY: I STAFF SOURCE: Larry Dovalina, Rogelio Rivera, P.E., City Manager City Engineer

I PREVIOUS COUNCIL ACTION: None.

BACKGROUND: Ten (10) firms responded to the request for qualifications on Friday, August 26,2005, at 4:00 P.M. as follows:

1. TEC Engineers and Consultants, Inc., Laredo, Texas 2. G.G. Salinas Engineering Company, Laredo, Texas 3. Mejia Engineering Company, Laredo, Texas 4. Hany Jewett Associates, Laredo, Texas 5. Arcadis, Laredo, Texas 6. Crane Engineering Corporation, Laredo, Texas 7. Howland Engineering and Surveying Company, Laredo, Texas 8. Sherfey Engineering Company, L.L.C., Laredo, Texas 9. Foster Engineering Company, Laredo, Texas 10. Puig Engineering, L.L.C., Laredo, Texas

The proposed scope of services is to include, but not limited to:

To construct slot inlets 1,350 L.F. of 36" and 1,100 L.F. of 24" of drainage pipe to provide relief localized flooding occurring in the area bounded on the North by Canal Street bounded on the South by Eistetter Street bounded on the West by Marcella Avenue and bounded on the East by Maryland Avenue.

The Staff Committee composed of several City Departments evaluated the submittals and presentations, based on the City's standard selection criteria (capability to perform, professional background, quality of projects, etc.) Crane Engineering Corporation, Laredo, Texas, is recommended.

FINANCIAL IMPACT: Funding is available in the 2005 CO Bond. ~ccou; No. 460-9852-535-4882 COMMITTEE RECOMMENDATION: I STAFF RECOMMENDATION: NIA. I Approval of Motion. CONSIDERATION FOR APPROVAL OF THE SELECTION OF CONSULTANT FOR THE MARYLAND DRAINAGE INPROVEMENTS AND AUTHORIZATION TO NEGOTIATE A PROFESSIONAL CONTRAT

CITY COUNCIL MEETING CITY OF LAREDO AGENDA ITEM OCTOBER 3, 200s I ENGINEERING DEPARTMENT COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION Authorizing the City Manager to enter into a contract with Catholic Social Services of Laredo, Inc. (CSSL) in the amount of $45,135.00 to administer the City's Fiscal Year 10-3-05 2005-2006 General Fund Welfare Assistance Program through which rental, utility, transportation, and health care assistance is provided to indigent individuals and families residing in the community. The contract would cover expenditures for the period of October 1, 2005 to September 30, 2006. Up to $40,622.00 of the General Welfare Funds would be designated for the assistance of indigent individuals and families of low income while $4,513.00 (approx. 10%) would be allocated to cover administrative expenses to include: overhead, wages, and office supplies costs incurred by Catholic Social Services of Laredo, Inc. I INITIATED BY: Cynthia Collazo STAFF SOURCE: Erasmo A. Villarreal Deputy City Manager CD Director

/ PREVIOUS COUNCIL ACTION: 9/19/05 - Council adopted the City of Laredo's annual budget, which included funding for Welfare Assistance.

BACKGROUND: Catholic Social Services of Laredo, Inc. has administered the Welfare Assistance Program during Fiscal Years 1998 through Fiscal Year 2004. Through this program, indigent individuals and families of low income are assisted with rental, utility, transportation, and health care costs as necessary. Approximately 200 households will be provided assistance through this program.

As a result of operating expenses incurred by Catholic Social Services, a total of $4,513.00 (approx. 10%) of the contract amount would be allocated to cover administrative expenses to include: overhead, wages, and office supplies costs.

FINANCIAL IMPACT: The source of revenues for the above contract is as follows: General Fund, Acct. #: 101-3010-543-5430

RECOMMENDATION: STAFF RECOMMENDATION: That the City N/ A Manager be authorized to enter into contract with CSSL in the amount of $45,135.00 to administer the City's General Fund Welfare Assistance Program for the fiscal year beginning October 1,2005 through September 30, COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION Authorizing the City Manager to amend the 2001 Home Investment Partnership 10/03/05 Program, Community Housing Development Organization (CHDO) Funds Contract with Metro Affordable Housing Corp. (METRO) by changing the type of housing construction from transitional to permanent housing. This will allow Metro to construct 48 affordable housing units.

INITIATED BY: STAFF SOURCE:

Mrs. Cynthia Collazo Mr. Erasmo Villarreal Deputy City Manager C.D. Director

PREVIOUS ACTION:

09-03-03: METRO was awarded $226,200.00 of CHDO's funds for acquisition, design, and construction of 4 family dwelling transitional housing development to be made available to individuals of low income of up to 60% of median HAMFI.

BACKGROUND: The award of 2001 HOME Investment Partnership Program Community Housing Development Organization (CHDO) set aside funds in the amount $226,200.00 to the Metro Affordable Housing COT. (METRO), and further authorized the City Manager to enter into contract with METRO for the design, engineering, soft costs and construction of dwellings. A sole, viable proposal was submitted by METRO to construct a 4 family dwelling transitional housing development to be made available to individuals of low to moderate income.

The original project posed difficulties for METRO as the land that was targeted became unavailable. An alternative site was found but the agreement between the nonprofit and the land owner dissolved. The project was changed from transitional housing to permanent housing to be constructed in Southeast Laredo at Arkansas, Chacon and Piedra China. The City has agreed to partner with the non profit and provide the city-owned land for the project. The 2001 CHDO funds will assist METRO for the design, engineering, soft costs and construction of dwellings. These units will be sold to families who meet the low to moderate income standards.

FINANCIAL:

2001 HOME Grant - Loans to CHDO Account #: 217-6934-563-75-30...... $226,200.00

STAFF: That this amendment is passed. AMENDMENT NO. I OF CONTRACT between CITY OF LAREDO and METRO AFFORDABLE HOUSmG CORPORATION

The contract dated September 03,2003, relating to the award of 2001 HOME Investment Partnership Program, Community Housing Development Organization (CHDO) Funds in the amount of $226,200.00 which were funded to the Metro Affordable Housing Corporation (METRO) is amended to change the project from the construction of 4 family dwelling transitional housing units which contractor is required under Section 3 to be made available to individuals of low income of up to 60% of median HAMFI to permanent housing units that will serve low-to-moderate income residents.

1. Part B of Section 3 of the contract is amended to read as follows:

SECTION 3. CONTRACTOR PERFORMANCE

A. Contractor's standard of performance shall be that as required and established by the HOME Program's Community Housing Development Organization (CHDO) Program. Contractor shall be awarded 2001 Home. .. Investment Partnership Program funds totaling $266,200.00 to be used for the [- design, engineering, soft costs and . . construction of -1 48 permanent housing [- units to be made available to individuals of low [p0 to moderate income.

B. Contractor shall expend CHDO funds as per the following contract time of performance:

1. Contractor shall purchase andlor acquire land within one year from the date of signing this contract. Z Contractor shall construct [wpermanent housing units.

3. Contractor shall expend funds under this contract by June 1,2006.

C. unchanged D. unchanged

2. In all other respects the contract of September 03,2003 is unchanged

Signed, in multiple originals, on the -day of October, 2005 METRO AFFORDABLE HOUSING CORP.

By: ABRAHAM RODRIGUEZ EXECUTIVE DIRECTOR

CITY OF LAREDO

BY: LARRY DOVALINA CITY MANAGER

ATTESTED:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY COUNCIL COMMUNICATION

DATE: 1 SUBJECT: MOTION October 3, 2005 Authorizing the City Manager to resume the use of the City's original trademark logo, Laredo, Gateway to Mexico, for the Laredo Convention & Visitors Bureau marketing and advertising campaigns.

INITIATED BY: 1 STAFF SOURCE: Cynthia Collazo, Deputy City Manager ( Patricia L. Taylor, LCVB Director

PREVIOUS COUNCIL ACTION: On August 4, 2003, City Council authorized the City Manager to enter into a license agreement on behalf of the Laredo Convention &Visitors Bureau with the for the exclusive license to use Viva Laredo as a logo for the City's advertising campaigns in the United States and Mexico. The license agreement remained in force until the Viva Laredo campaign ended.

BACKGROUND: On September 7, 2005, the Laredo Convention & Visitors Bureau Advisory Committee approved staffs recommendation for the transition to the Laredo Gateway to Mexico logo for the 200512006 CVB marketing campaign.

On September 15, 2005, the Laredo Hotel & Motel Association members received a presentation and accepted the CVB recommendation to reinstate the Laredo Gateway to Mexico logo.

The Laredo, Gateway to Mexico logo and campaign were previously used from 2000 thru 2003. The City of Laredo owns the trademark to Laredo, Gateway to Mexico and is current with annual fee payments of $395 to United States Trademark Protection Agency to monitor the trademark. No further licensing is required to reinstate Laredo, Gateway to Mexico and end Viva Laredo campaign.

FINANCIAL IMPACT: Funding for annual fee to monitor Laredo, Gateway to Mexico trademark is available under CVB Administration Division:

Membership & Subscriptions: 250-5310-553-6400

STAFF RECOMMENDATION: Staff recommends that City Council approve this motion. COUNCIL COMMUNICATION

DATE: MOTION: Approval of selection of consultants Sevem Trent Laboratories, 10/03/05 Inc. Corpus Christi, Texas and authorization to negotiate a professional services contract to provide analytical services on Stormwater samples in accordance to EPA approved standard methods. Funding is available in the Environmental Services Department.

INITIATED BY: STAFF SOURCE: Horacio De Leon, Riazul Mia, P.E., Director Assistant City Manager Environmental Services Department

PREVIOUS COUNCIL ACTION: None BACKGROUND: One of the most important programs for the City's Stormwater permit is the wet weather monitoring of pollutants in the stormwater. On August 26,2005, the City solicited request for Proposals (RFP) from Analytical Laboratories for the project. Sevem Trent was the only laboratory that submitted an RFP for this project. Moreover, the City's previous contract for analytical services of stormwater was with Sevem Trent. The samples are analyzed for: Metals Antinomy (Sb), total Arsenic(As), total Cadmium(Cd), total Chromium(Cr), total Copper(Cu), total Lead(Pb), total Mercury(Hg), total Nickel(Ni), total Selenium(Se), total Silver(Ag), total Thallium(TI), total Zinc(Zn), total Pesticides Diazinon, DDE, Dieldrin, Chlordane, PCBs, total Conventional Pollutants Biochemical Oxygen Demand (BODS), Total Kjeldahl, Nitrogen (as N) Chemical Oxygen Demand (COD) Nitrate, total Nitrate Nitrite as N), total Phosphorous(P), dissolved Total Dissolved Solids Nitrogen, total (TDS) Total Suspended Solids Phosphorous, total as P (Tss)

Funding for the project is available in the Environmental Services Fund. FINANCIAL IMPACT: None RECOMMENDATION: STAFF RECOMMENDATION: Approval of the motion COUNCIL COMMUNICATION

DATE: SUBJECT: MOTIONS

Consideration to rescind the contract awarded to Link2Gov on 7/06/03 for an internet and interactive voice response customer service system; and authorizes the City Manager to solicit new proposals (RFP) for providing system for accepting secure internet payments for City's Utilities, Tax and Parking operations. The City was unable to finalize the contract award with Link2Gov due to programming issues relating to procedures required to interface with the City's Sungard H.T.E. governmental software I system. INITIATED BY: I STAFF SOURCE: Larry Dovalina, Beto Ramirez, Executive Director for Financial and City Manager Information Services Francisco Meza, Purchasing Agent I PREVIOUS COUNCIL ACTION: Awarded a contract Link2Gov on July 6, 2003 for the purchase and installation of an internet and interactive voice response customer service system.

BACKGROUND: The City had previously awarded a contract to Link2Gov for the purchase and installation of an internet and interactive voice response customer service system for tax, utilities and parking payments. The City was unable to finalize the contract award with Link2Gov due to programming issues relating to procedures required to interface with the City's Sungard H.T.E. governmental software system. Custom programming was required to interface the Link2Gov system to the City's software system. In addition, Link2Gov could not provide real time processing of payments.

The city will solicit proposals for a system that is fully compatible with the City's cash receipt system and provides real time processing of payments. The City of Laredo is committed to providing the most convenient payment methods and to have available the latest technologies to our customers. In order to provide this convenience to our customer, we would be passing along the cost of providing this service to our customers. The cost consists of credit card fees and bank processing fees. An ordinance will be introduced at a later date to establish the convenience fees.

FINANCIAL IMPACT:

I None I COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:

It is recommended that this action be authorized. COUNCIL COMMUNICATION

DATE: SUBJECT: Motion Authorizing the City Manager to execute a contract in the amount of $473,000.00 with the Laredo Development Foundation to promote economic development 10-03-2005 activities/projects. The Laredo Development Foundation's mission is to create jobs, attract industry, and enhance local business, which they do through the Industrial Attraction Division, Small Business Development DivisionICenter, and the Special Projects Division. Funding is available in the General Fund and Bridge Fund.

INITIATED BY: STAFF SOURCE: Lany Dovalina Diana I. Fullerton Coordinator City Manager Nonprofit Management and Volunteer Center

PREVIOUS COUNCIL ACTION: Appropriations approved during City Council meeting to adopt the FY 2005-2006 budget.

BACKGROUND: The Laredo Development Foundation's mission is to help create jobs, industrial attraction, and enhancement of local business. To ensure the appropriated funds are used for economic development performance standards, goals, objectives, financial statements, bylaws, articles of incorporation, purchasing policies, insurance, etc., were submitted or already on file. All information regarding this contract is submitted at the City's Secretary's Office and filed at the Nonprofit Management and Volunteer Center.

FINANCIAL IMPACT: The contract amount is $473,000.00 for which the source is the general fund, and the bridge fund. The allocation is as follows:

General Fund 101-9810-593-5204 $425,000.00

Bridge Fund 553-4012-533-5200 $25,000.00

Bridge Fund 553-4010-533-5200 $23,000.00

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA City Council to approve this motion. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION

10-03-05 Awarding a third party contract to Laredo Veteran's Coalition for Fiscal Year 2005 2006 in the amount of $30,000 to provide health and social services to veterans; authorizing the City Manager to sign and implement the contract. Funding is available in the General Fund.

INITIATED BY: STAFF SOURCE: Larry Dovalina Diana I. Fullerton, Coordinator City Manager Nonprofit Management and Volunteer Center

PREVIOUS COUNCIL ACTION: Motion was made and approved during the City Council meeting to adopt the FY 2004-2005 Annual Budget. In the FY 2005-2006 budget, $30,000 was allocated to the Laredo Veteran's Coalition as a Third Par& Contract.

BACKGROUND: Data was requested from the agency in order to prepare the contract. Performance standards, goals and objectives, financial statements, bylaws, articles of incorporation, purchasing policies, insurance, etc., were submitted or are already on file. All information regarding this contract is submitted at the City Secretary's Office and filed at the Nonprofit Management and Volunteer Center.

FINANCIAL: Funding is available in the following account: 101-3010-543-54-64

BOARD RECOMMENDATION: STAFF RECOMMENDATION: To approve the contract with Laredo Veteran's NA Coalition and authorize the City Manager to sign and implement the contract. DATE: SUBJECT: MOTIONS 10/03/05 Consideration to ratify the emergency purchase of 1,008 military type cots from Reyes Industries, Inc., San Antonio, Texas in the amount of $59,196.00. These cots were purchased for the various shelters housing Hurricane Rita evacuees. The City will submit for reimbursement for all expenses related to the Humcane Rita relief effort by the Federal Emergency Management Agency (FEMA).

INITIATED BY: STAFF SOURCE: Larry Dovalina, Luis Sosa Jr., Fire Chief City Manager Francisco Meza, Purchasing Agent

PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City Manager authorized the emergency purchase of 1,008 cots from Reyes Industries, San Antonio, Texas to provide bedding for the various shelters opened to accommodate the evacuates fiom the Gulf Coast region. Staff is requesting ratification of this emergency purchase from the City Council Reyes Industries Inc. San Antonio, Texas Qty Unit Price Total Military type cots 1,008 $58.25 $58,716.00 Freight $ 480.00 $59,196.00

FINANCIAL IMPACT: Expenses related to the Humcane Rita relief effort will be reimbursed by FEMA. : Department Account FEMA - Humcane Rita 101-3051-542-2420

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this action be ratified. COUNCIL COMMUNICATION

F DATE: SUBJECT: MOTION AUTHORIZING THE CITY MANAGER TO ALLOCATE AN ADDITIONAL $25,000.00 TO PAY FOR LEGAL. SERVICES RELATED TO THE EXISTING 10/3/2005 RETAINER AGREEMENT WITH THE LAW OFFICES OF WTLLIAM M. MCKAMIE, P.C., FOR THE LAWSUIT STnEDCARLOS BLANCO, JR.AND MARIA GLORIA GONZALEZ V. THE CITY OF LAREDO, CAUSE NO. 2004-CVQ-000760-D2, IN THE DISTRICT COURT 11lm JUDICIAL. DISTRICT, WEBB COUNTY.

INITIATED BY: STAFF SOURCE: Larry Dovalina Jaime L. Flores City Manager City Attorney PREVIOUS ACTION: The City of Laredo entered into an agreement with the Law Offices of William M. McKamie. P.C., in June 3, 2004, to perform all necessary legal and related services in connection to the lawsuit referenced above, for an amount not to exceed Twenty Thousand Dollars ($20,000.00). On October 25,2004, due to the nature of this lawsuit it was necessary that the amount of the contract be extended not to exceed Thirty Five Thousand Dollars ($35,000.00). Due to the fact that this lawsuit is ongoing, it is necessary that an additional $25,000.00 be allocated for professional fees.

BACKGROUND:

FINANCIAL: General Fund Account No.: 101-9810-593-5507

RECOMMENDATION: STAFF RECOMMENDATION:

That this Motion be approved. That this Motion be approved. COUNCIL COMMUNICATION - DATE: SUBJECT: MOTION 10/03/05 Consideration to authorize the purchase and installation of baseball field sports lighting systems for two baseball fields one at Dryden Park and one at Father McNaboe Park from Musco Lighting, through the Texas Local Government Purchasing Cooperative (Buy Board) contract pricing in the total amount of $240,650.00. Funding is available in the 30Ih Action Year - 2005 Community Development Block Grants Fund for Dryden Park Improvements and in the Parks Capital Grants Fund and 2005 C.O. for Father McNaboe Park. INITIATED BY: STAFF SOURCE: Horacio De Leon, Miguel Pescador, Parks and Recreation Interim Director Assistant City Manager Francisco Meza, Purchasing Agent

PREVIOUS COUNCIL ACTION: Approved the City of Laredo's participation in the Texas Local Government Purchasing Cooperative (Buy Board) at the City Council meeting of May 7,2001. BACKGROUND: Staff is requesting authorization to purchase baseball field sports lighting systems to be installed at two little league baseball fields at Dryden Park and at Father McNaboe Park. Utilizing the Buy Board contract pricing, this lighting will be purchased from Musco Lighting. Musco will provide all necessary installations.

Musco Lighting Muscatine, IA

Dryden Park - Minor League Field $ 70,000.00

Father McNaboe Park - Senior League Field $170,650.00 $240,650.00

FINANCIAL: Funding is available for Dryden Park Improvements in 30Ih Action Year 12005 Community Development Block Grant fund, Account Number 21 1-8780-555-1324 ($70,000.00) and Parks Capital Grants Fund, Account Number 457-3 160-555-4232,( $50,000.00) and 2005 C.O. Account 460-9822- 535-4236 ( $120,650.00) for Father McNaboe Park.

RECOMMENDATION: STAFF: Staff recommends approval of this motion. N/A COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION 10-03-05 Extending the existence of the Traffic Calming Ad Hoc Committee to April 30,2006 as requested by Committee to continue addressing traffic calming issues especially as it pertains to introducing different traffic calming device alternatives for existing residential subdivisions. INITIATED BY: STAFF SOURCE: Lany Dovalina, City Manager Roberto Murillo, P.E, P.T.O.E., Traffic Director

PREVIOUS COUNCIL ACTION: Extending the existence of the Traffic Calming Ad Hoc Committee to August 3 1,2005,

BACKGROUND:

On May 20,2002 Mayor Elizabeth G. Flores created a Traffic Calming Ad Hoc Committee and appointed Council Member Alfredo Agredano, Council Member Jose A. Valdez, Jr. and former Council Member Eliseo Valdez, who has now been replaced with CM Johnny Rendon.

The Committee made final recommendation on August 30,2005 to amend subdivision ordinance requiring the use of Traffic Calming Devices on new subdivisions. Staff is in the process of presenting a public hearing item on the Planning & Zoning agenda in October 2005 for amending of ordinance.

The Traffic Calming Committee requested that an extension be granted to this committee to deliberate further the issue of traffic calming, especially as it pertains to existing subdivisions. P & Z had commented when proposed traffic calming ordinance for new subdivisions was first presented to the Commission, whether any changes were going to be proposed for incorporating similar traffic calming devices for existing subdivisions. It is being requested that the Traffic Calming Committee be extended an additional six (6) months.

FINANCIAL: None

RECOMMENDATION: STAFF: Staff recommends that City Council approves this Motion. COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION 10/3/05 Authorization to select and negotiate a contract with an engineering firm as announced at the City Council meeting to design the TAMIU 2.0 Million Gallon Elevated Storage Tank, and prepare construction plans and specifications. Funding is available in the 2005 Water Bond Issuance.

INITIATED BY: STAFF SOURCE: Larry Dovalina, City Manager Pablo G. Martinez, Engineering Manager

PREVIOUS COUNCIL ACTION: None

BACKGROUND:

The City of Laredo Water Utilities Department has undertaken a project to increase the pressure and water availability to the north east area of Laredo. The City of Laredo Utilities Department deems it necessary to construction of TAMIU elevated storage tank. This project is listed in the 1995 Capital Improvements Program and it reflects the impact of growth on this particular area. However, the advantage to building these improvements is that it also creates a relief to other pressure zones that are currently being impacted.

Scope of services is to include but not limited to the design and survey for a 2.0 million gallon elevated storage tank and intake water line to be constructed approximately 1,000 feet north of Del Mar and approximately 800 feet east of Loop 20, with easement descriptions, construction plans and specifications.

The engineering services include the preparation ofplans and specifications with cost estimates for the construction of the 2.0 million elevated storage tank as well as easement descriptions with metes and bounds for the intake line.

FINANCIAL IMPACT: Funding is available in the 2005 Water Bond Issuance.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:

Engineering Committee recommended the To approve motion. proposed selection. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 1013105 Authorization to select and negotiate a contract with an engineering firm as announced at the City Council meeting to design and prepare construction plans and specifications for the 2005 - Pump Improvements to the Mary Help of Christian (MOHAC) Booster Station, including the installation and modification of the booster station facility to implement a separate 4" pressure zone pumping system to connect to the proposed 18 inch water transmission line feeding the proposed TAMIU Elevated Storage Tank. Funding is available in the 2004 Water Bond Issuance. INITIATED BY: STAFF SOURCE: Larry Dovalina, City Manager Pablo G. Martinez, Engineering Manager PREVIOUS COUNCIL ACTION: None

BACKGROUND: The City of Laredo Water Utilities Department has undertaken a project to increase the pressure and water availability to the north east area of Laredo. The City of Laredo Utilities Department deems it necessary to install additional pumps at the MOHAC Booster Station including the installation and modification of the booster station facility to implement a separate 4thpressure zone pumping system to connect to the proposed 18 inch water transmission line feeding the proposed TAMIU Elevated Storage Tank. This project is listed in the 1995 Capital Improvements Program and it reflects the impact of growth on this particular area. However, the advantage to building these improvements is that it also creates a relief to other pressure zones that are currently being impacted.

Scope of services is to include but not limited to the design of additional pumps at the MOHAC Booster Station including the installation and modification of the booster station facility to implement a separate 4thpressure zone pumping system to connect to the proposed 18 inch water transmission line feeding the proposed TAMIU Elevated Storage Tank with construction plans and specifications.

The engineering services will be rendered in two phases. Phase I will be the preparation of a feasibility study providing alternate options on the alterations to the booster station facility with alignments to connect to the proposed 18" transmission line. It should include a cost estimate for both construction and design services with at least two alternatives.

Phase I1 will be the preparation of plans and specifications for the actual design of the installation of the pumps and modifications to the booster station facility as well as any ...... ,. *. * * .* ...... ,. . 3 . . . FINANCIAL IMPACT: Funding is available in the 2004 Water Bond Issuance.

COMMITTEE RECOMMENDATION: Engineering Committee recommended the proposed selection. COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION 10/3/05 Authorization to select and negotiate a contract with an engineering firm as announced at the City Council meeting to design and prepare construction plans and specifications for the 18 Inch Water Transmission Line from McPherson Road to the proposed TAMIU Elevated Storage Tank, and provide a recommendation for an alignment with easement descriptions. This project consists of extending approximately 5,000 feet of 18 inch water line. Funding is available in the 2004 Water Bond Issuance. INITIATED BY: STAFF SOURCE: Larry Dovalina, City Manager Pablo G. Martinez, Engineering Manager PREVIOUS COUNCIL ACTION: None

BACKGROUND:

The City of Laredo Water Utilities Department has undertaken a project to increase the pressure and water availability to the north east area of Laredo. The City of Laredo Utilities Department deems it necessary to extend an 18" water transmission line to feed the TAMIU elevated storage tank. This project is listed in the 1995 Capital Improvements Program and it reflects the impact of growth on this particular area. However, the advantage to building these improvements is that it also creates a relief to other pressure zones that are currently being impacted.

This project is considered a necessity to comply with TCEQ regulatory requirements. The scope of services is to include but not limited to the design and survey of an 18 inch water transmission line approximately 5,000 feet, and a recommendation for an alignment with easement descriptions, construction plans and specifications. The engineering services will be rendered in two phases:

Phase I will be the preparation of a feasibility study providing alternate alignments to extend the 18" transmission line approximately 5,000 feet from the McPherson Road to the proposed TAMIU Elevated Storage Tank. It should include a cost estimates for both construction and design services with at least two alternatives.

Phase I1 will be the preparation of plans and specifications for the actual design of the line extension as well as any easement descriptions with metes and bounds.

FINANCIAL IMPACT: Funding is available in the 2004 Water Bond Issuance.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:

Engineering Committee recommended the To approve motion. proposed selection. COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION 1013105 Authorization to select and negotiate a contract with an engineering firm as announced at the City Council meeting to design and prepare construction plans and specifications for the Water and Wastewater Utilities relocation on FM 1472 Railroad Grade Separation due to Texas Department of Transportation Improvements. Funding is available in the 2000 Water Bond Issuance.

INITIATED BY: STAFF SOURCE: Larry Dovalina, City Manager Pablo G. Martinez, Engineering Manager

PREVIOUS COUNCIL ACTION: None

BACKGROUND:

The City of Laredo Water Utilities Department is required to design the Water and Wastewater Utilities relocation on FM 1472 Railroad Grade Separation due to the Texas Department of Transportation Improvements.

Scope of services is to include, but not limited to the creation of plans and specifications with the recommendation for water and wastewater lines to be relocated. Plans should include connections to existing lines, alignments and acquisition of easements if necessary.

The engineering services consist in the preparation of plans and specifications for the water and wastewater lines to be relocated, identification of conflicts due to the Texas Department of Transportation improvements from sta(2+00) to sta(42+00), and all new water and wastewater services connections to the new water line and wastewater line.

FINANCIAL IMPACT: Funding is available in the 2000 Water Bond Issuance.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:

Engineering Committee recommended the To approve motion. proposed selection. COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION 1013105 Authorization to select and negotiate a contract with an engineering firm as announced at the City Council meeting to design and prepare construction plans and specifications for the 18 Inch Water Transmission Line form MOHAC Booster Station to McPherson Rd. and to the North Elevated Storage Tank, and provide a recommendation for an alignment with easement descriptions. This project consists of extending approximately 4,000 feet of 18 inch water line. Funding is available in the 2004 Water Bond Issuance. INITIATED BY: STAFF SOURCE: Larry Dovalina, City Manager Pablo G. Martinez, Engineering Manager PREVIOUS COUNCIL ACTION: None

BACKGROUND:

The City of Laredo Water Utilities Department has undertaken a project to increase the pressure and water availability to the north east area of Laredo. The City of Laredo Utilities Department deems it necessary to extend an 18 inch water transmission line to feed the North Laredo elevated storage tank and extend the 18 inch line feeding the proposed TAMIU tank. This project is listed in the 1995 Capital Improvements Program and it reflects the impact of growth on this particular area. However, the advantage to building these improvements is that it also creates a relief to other pressure zones that are currently being impacted.

This project is considered a necessity to comply with TCEQ regulatory requirements. Scope of services is to include but not limited to the design and survey of an 18 inch water transmission line approximately 4,000 feet, and a recommendation for an alignment with easement descriptions, construction plans and specifications. The engineering services will be rendered in two phases:

Phase I will be the preparation of a feasibility study providing alternate alignments to extend the 18" transmission line approximately 2,500 feet from the Mary Help of Christian Booster Station to McPherson Rd and 1,500 feet from McPherson Road to the north Elevated Storage Tank. It should include a cost estimates for both construction and design services with at least two alternatives.

Phase I1 will be the preparation of plans and specifications for the actual design of the line extensinn as well as anv easement decrintinn with metes and hni~nds. FINANCIAL IMPACT: Funding is available in the 2004 Water Bond Issuance.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:

Engineering Committee recommended the To approve motion. proposed selection. COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION 10/03/05 Consideration to award contract number FY05-123 to the LOW BIDDERS, Montemayor Construction, Laredo, Texas, for an estimated annual amount of $54,250.00 for asphalt repairs and J. Solis Maintenance & Welding Service, Laredo, Texas, for an estimated annual amount of $58,750.00 for concrete repairs. These services are needed after the Utilities Department personnel have repaired water line breaks. Funding is available in the Utilities Department Fund.

INITIATED BY: STAFF SOURCE: Larry Dovalina, Adrian Montemayor, Utilities Operations Manager City Manager Francisco Meza, Purchasing Agent

PREVIOUS COUNCIL ACTION: None

BACKGROUND: The City received four bids for asphalt and concrete repairs needed after the Utilities Department personnel have repaired water line breaks. The contract vendor is expected to furnish all materials, equipment and appurtenances needed to perform the services. All work is expected to be completed in accordance to established code and City of Laredo ordinance requirements.

Section I Montemayor Construction J. Solis Maintenance Double R Construction ALC Construction & Construction Asphalt Repairs $54,250.00 $56,250.00 $62,500.00 $125,000.00 25,000 sq. A.

Section 11 J. Solis Maintenance Montemayor Construction ALC Construction Double R Construction & Construction Concrete Repairs $58,750.00 $82,575.00 $86,250.00 $97,500.00 15,000 sq. A. FINANCIAL IMPACT: Funds for this contact are available from the Utilities Department. The purpose of this contract is to establish prices for the commodities or services needed, should the City need to purchase these commodities or services. The City's obligation for performance of an annual supply contract beyond the current fiscal year is contingent upon the availability of appropriated funds from which payments for the contract purchases can be made. If no funds are appropriated and budgeted during the next fiscal year, this contract becomes null and void. Sewer Fund - Wastewater Collection, Maintenance of Lines Account Number: 559-4220-533-2015 Water Fund - Transmission and Distribution, Maintenance of Lines Account Number: 557-4130-533-2015

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that these contracts be approved. DATE: SUBJECT: MOTION 10/03/05 Consideration to award contract number FY06-003 to the SOLE BIDDER, Delta House Electric, Freer, Texas, in the estimated annual amount of $100,000.00 for providing electric motor repair service for the Utilities Department. All repair work will be secured on an as need basis. Funding is available in the Utilities Department Fund.

INITIATED BY: STAFF SOURCE: Larry Dovalina, Adrian Montemayor, Utilities Operations Manager City Manager Francisco Meza, Purchasing Agent

PREVIOUS COUNCIL ACTION: None

BACKGROUND: The City received a sole bid for awarding a contract for electric motor repair service. Contract pricing has been secured on motors with horsepower ratings from 118 HP to 400 HP. This contract will service the many electric motors used in the water and wastewater operations. The intent of this contract is to secure a fixed cost for these service repairs. All services will be secured on an as need basis.

A complete bid summary is attached. The summary lists all the types of electric motors that might need to be repaired.

FINANCIAL IMPACT: Funds for this contact are available from the Utilities Department. The purpose of this contract is to establish prices for the commodities or services needed, should the City need to purchase these commodities or services. The City's obligation for performance of an annual supply contract beyond the current fiscal year is contingent upon the availability of appropriated funds from which payments for the contract purchases can be made. If no funds are appropriated and budgeted during the next fiscal year, this contract becomes null and void. Sewer Fund - Wastewater Collection Account Number: 559-4220-533-2030 Water Fund - Water Treatment Account Number: 557-4120-533-2037 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be approved. Bid Summary

Delta House Electric Freer, Texas

STAFF REPORT

A. Staff report by Laredo Convention & Visitors Bureau Director, Patricia Taylor, regarding the 2005-2006 CVB Marketing & Media Plan.

B. Staff Report by the 800 MHz Radio Communication Evaluation Committee regarding the proposed recommendation to negotiate a contact for the procurement and implementation of a city wide radio communication system. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

A. Request by Council Member John C. Galo 1. Status report on the proposed Municipal Golf Course, with possible action.

B. Request by Council Member Juan Ramirez 1. Discussion with possible action regarding the City of Laredo's Employee Prescription Drug Plan provided by Blue CrossIBlue Shield. (Co-sponsored by Council Member John C. Galo) 2. Discussion with possible action regarding the initiation of a Request for Proposals for the construction of a water park. 3. Discussion with possible action regarding non-operational street lights located by the Civic Center and in Downtown, specifically the 300 Block of Convent, the 300 block of Flores, and at the intersection of Zaragoza and Convent. COUNCIL COMMUNICATION

- -- - DATE: SUBJECT: EXECUTIVE SESSION Request for Executive Session pursuant to Texas Government Code Section 551.072 in regards to deliberation of the purchase, exchange, lease, or value of real property, along the 10/3/05 upper Zacate Creek for purposes of drainage improvements; because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person; and return to open session for possible action. INITIATED BY: STAFF SOURCE:

Larry Dovalina Riazul Mia, Environmental Department City Manager Keith Selman, Planning & Zoning Department

PREVIOUS ACTION:

None.

BACKGROUND:

To be discussed in executive session.

FINANCIAL:

To be discussed in executive session.

RECOMMENDATION: STAFF RECOMMENDATION: