July 21, 2003 5:30 P.M

City of~a ClTY OF LAREDO ClTY COUNCIL MEETING A-2003-R-014 ClTY COUNCIL CHAMBERS I110 HOUSTON STREET LAREDO, TEXAS 78040 JULY 21, 2003 5:30 P.M.

6 DISABILITY ACCESS STATEMENT $,, Persons with disabilities who plan to attend this meeting and who may need auxiliary aid or services are requested to contact Gustavo Guevara, City Secretary at (956) 791-7308 at least two working days prior to the meeting so that appropriate arrangements can be made. The accessible entrance and accessible parking spaces are located at City Hall, 1100 Victoria Ave.

Out of consideration for all attendees of the City Council meetings, please turn off all cellular phones and pagers, or place on inaudible signal. Thank you for your consideration.

1. CALL TO ORDER

11. PLEDGE OF ALLEGIANCE ' Ill. ROLLCALL IV. MINUTES

V. COMMUNICATIONS AND RECOGNITIONS

Announcements

Invitations a. South Texas Blood & Tissue Center will be hosting a blood drive at the Public Works Service Center Training Room #Ievery Monday between 12:OO noon and 5:00 p.m. from July 21, 2003 to August 25, 2003.

Recognitions a. Recognition of Robert Ortiz for serving our country in the lothCombat Service Support Battalion 1'' Marine Division in Iraq to pursue our freedom and democracy.

b. Recognition of the Laredo Bucks for being selected Franchise of the Year of the Central Hockey League.

c. Recognition of Francisco Yerano in appreciation for his volunteer assistance i after the severe wind storm to the citizens of Laredo. d. Recognition of Ernie Salinas for winning World Karate Champion for the second time in Las Vegas, Nevada.

Communiques

VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a. Appointments to the Para Transit Advisory Committee: I. Ricky Hinojosa by Mayor Pro Tempore John C. Galo.

ii. Adriana Jaro by Council Member Johnny Amaya.

iii. Dr. Judson Somerville by Council Member Gene Belmares.

VII. PUBLIC HEARINGS

1. Public hearing and introductory ordinance amending Ordinance 2001-0- 123 by authorizing the extension of a Conditional Use Permit (CUP) for storage incidental to the transportation of used batteries on Lots 1, 2, 6, & 7, Block 12, McPherson Acres Subdivision, Unit IV, located at 802 Gale Street; providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed Conditional Use Permit extension. 1 2. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 3, Block 1694, Eastern Division, located at 2801 Clark Boulevard, from R-3 (Mixed Residential District) to B-I (Limited Commercial District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change.

3. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by authorizing the issuance of a Special Use Permit to Morgan Stern Merchant Bank, Ltd., for an electronic display on Lot 8, Block 24, Western Division, located at 1600 Water Street; providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change.

4. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by authorizing the issuance of a Special Use Permit to Morgan Stern Merchant Bank, Ltd., for an electronic display on Lot 8, Block 276A, Western Division, located at 1600 Water Street; providing for publication and effective date. . The Planning and Zoning Commission has recommended approval of the proposed Special Use Permit.

5. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 63.17 acres, as further described by metes and bounds on attached Exhibit "A," located south of Mines Road and east of Deer Creek Mobile Home Park, from AG (Agricultural District) to R-1A (Single Family Reduced Area District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change.

6. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning Lots 2, 4, 6, and 8, Block 532, Western Division, located at 1818 Bruni Street, from R-3 (Mixed Residential District) to B-3 (Community Business District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change.

7. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 31.74 acres, as further described by metes and bounds on attached Exhibit "A," located south of Del Mar Boulevard and west of Loop 20, from R-I (Single Family Residential District) to B-4 (Highway Commercial District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change.

8. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 16.94 acres, as further described by metes and bounds on attached Exhibit "A," located south of Del Mar Boulevard and west of Loop 20, from R-I (Single Family Residential District) to B-3 (Community Business District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change.

9. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 39.23 acres, as further described by metes and bounds on attached Exhibit "A," located south of Del Mar Boulevard and east of Loop 20, from R-I (Single Family Residential District) to B-4 (Highway Commercial District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change.

10. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning 30.30 acres, as further described by metes and bounds on attached Exhibit "A," located east of International Boulevard and north of Woodridge Drive from AG (Agricultural District) to R-I (Single Family Residential District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change.

11. Public hearing and introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by rezoning all of Block 270, Eastern Division, located at 2001 Cedar Avenue, from B-I (Limited Commercial 3 District) to 8-3 (Community Business District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change.

12. Public hearing 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 15-82; "Smoking in Public Places," thereby designating smoking and nonsmoking areas; providing criteria and procedural requirements for designated smoking areas; providing sign requirements; providing for violations, enforcement and penalties of the policies implementing this chapter; providing for severability; and providing for publication and effective date.

13. Public hearing and introductory ordinance amending the City of Laredo Code of Ordinances, Subsection (a) Section 30-1 by providing that $30,000.00 of the assessed value of residence homesteads of persons over sixty-five years of age on or before January lStof any year shall be exempt from City ad valorem taxes, and providing for an effective date.

14. Public hearing and introductory ordinance authorizing the City Manager to accept and execute the vehicle capital replacement (VCR) Grant 0301 (22) Contract No. 51 322F6002 with the Texas Department of Transportation in the total amount of $620,000.00; consisting of $496,000.00 in Federal funds, matching Transit Sales Tax funds of $124,000.00, and providing for grantlcontract funds to be deposited in the City of Laredo Transit Fund account; and amending the Laredo Transit Fund to appropriate $620,000.00 for bus purchases.

15. Public hearing and introductory ordinance amending the City of Laredo Code of Ordinances Section 31-2, entitled "Policies and Procedures for Applicants Requesting Water and Sewer Extensions" by setting new policies and procedures to calculate the pro-rata share for reimbursement based on the line capacity; deleting references to Appendix I, "Calculating Pro-Rata Charges" and moving and amending said calculations to newly created subsection VI; providing for publication and an effective date.

16. Public hearing and introductory ordinance authorizing the City Manager to enter into a contract with United lndependent School District, and amend the City of Laredo FY 2002-2003 annual budget by appropriating revenues and expenditures in the amount of $19,950.00 for the Immunization Program of the City of Laredo Health Department for the period beginning April 1, 2003 through August 31,2003.

17. Public hearing and introductory ordinance amending the City of Laredo annual budget by decreasing revenues and expenditures in the amount of $88,000.00 from the "Mosquito Abatement Project" of the City of Laredo Health Department for a two-year project period which began September 1, 2001 through August 31,2003. 18. Public hearing and introductory ordinance amending the City of Laredo FY 2002-2003 annual budget by appropriating funds in the amount of $70,000.00 from the Texas Commission on Environmental Quality (TCEQ- formerly TNRCC) to continue the operation of the two continuous air monitoring stations (CAMS) by the City of Laredo Health Department for the contract period beginning September 1, 2003 through August 31, 2004.

19. Public hearing and introductory ordinance amending the FY 2002-2003 annual budget in the Fire Prevention and Arson Fund by accepting a donation of $500.00 from Wal-Mart Stores and appropriating said funds to purchase fire safety educational promotion materials for the Fire Prevention Division.

VIII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

20. A. Request by Council Member Alfredo Agredano 1. Status report on the Cielito Lindo Fire Station to include: land, building, equipment, and personnel.

B. Request by Mayor Pro Tempore John C. Galo 1. Discussion on the current Zoning and Conditional Use Permit Ordinance(s), with suggestions to amend such ordinance(s).

2. Status report on open records request complaints, with possible action.

C. Request by Council Member Gene Belmares 1. Discussion with possible action regarding traffic safety concerns at the intersection of International and Augusta Loop.

2. Status report regarding traffic issues related to the construction at the intersection of Loop 20 and McPherson.

D. Request by Council Member Jose A. Valdez, Jr. 1. Discussion with possible action regarding the installation of an area light at the 700 block of Antelope Lane.

2. Discussion with possible action regarding the implementation of a pilot program to install raised platform type traffic calming devices.

(Recess) (Press Availability) IX. INTRODUCTORY ORDINANCES

Authorizing the City Manager to grant a license to AT&T Corp., a New York Corporation, for the use of a telecommunications PVC conduit located at the Juarez-Lincoln lnternational Bridge and the use of 555.5 linear feet of city right of way from the riverbank to the 500 block of lturbide Street, Laredo, Webb County, Texas. License term is five (5) years commencing on August 4, 2003 and ending August 3, 2008. Annual rent shall start at $7,600.00 with a five percent (5%) increase each anniversary date plus $5.00 per linear foot per year for the use of the right of way; providing for effective date.

Authorizing the City Manager to execute a rental car agency concession and lease agreement with Coastal Bend Rent a Car, Inc. d/b/a Avis Rent a Car for the approximate 133 square feet of office and counter space located in car rental space #5 and 19 parking spaces located at 5210 Bob Bullock Loop at the Laredo lnternational Airport. Lease term is for three (3) years commencing on July I, 2003 and ending June 30, 2006. Monthly rent shall be $4,583.33 or six percent (6%) of gross sales; whichever is greater; providing for an effective date.

Authorizing the City Manager to execute a Rental Car Agency concession and lease agreement with Laredo Car Rental, Inc. (National Car Rental) for the approximate 165 square feet of office and counter spaces located in car rental space #3 and 19 parking spaces located at 5210 Bob Bullock Loop at the Laredo lnternational Airport. Lease term is for three (3) years commencing on July 1, 2003 and ending on June 30, 2006. Monthly rent shall be $4,650.21 or six percent (6%) percent of gross sales; whichever is greater; providing for an effective date.

Authorizing the City Manager to execute a rental car agency concession and lease agreement with Enterprise Rent A Car Company of Texas, a Texas Corporation for the approximate 171 square feet of office and counter space located in car rental space #I and 19 parking spaces located at 5210 Bob Bullock Loop at the Laredo lnternational Airport. Lease term is for three (3) years commencing on August I, 2003 and ending on July 31, 2006. Monthly rent shall be $5,200.00 or six percent (6%) of gross sales; whichever is greater; providing for an effective date.

Authorizing the City Manager to execute a rental car agency concession and lease agreement with Instant Signs, Inc., d/b/a Budget Rent A Car of Laredo for the approximate 171 square feet of office and counter space located in car rental space #2 and 19 spaces located at 5210 Bob Bullock Loop a the Laredo lnternational Airport. The term of the agreement is for three (3) years commencing on July I, 2003 and ending on June 30, 2006. Monthly fee will be $3,510.50 or six percent (6%) of gross sales; whichever is greater; providing for an effective date. Authorizing the City Manager to execute a rental car agency concession and lease agreement with Southwest-Tex Leasing Company, Inc., dlbla Advantage Rent A Car for the approximate 165 square feet of office and counter space located in car rental space #4 and 17 parking spaces located at 5210 Bob Bullock Loop at the Laredo international Airport. Lease term is for three (3) years commencing on July 1, 2003 and ending on June 30, 2006. Monthly rent shall be $5,064.00 or six percent (6%) of gross sales; whichever is greater; providing for an effective date.

Authorizing the City Manager to execute a lease and restaurant concession agreement with Carlos Bella dlbla Villa Laredo Restaurant for approximately 1,I 16 square feet constituting suite number 101 on the first floor of the airport passenger terminal located at 5210 Bob Bullock Loop at the Laredo International Airport. Lease term is for five (5) years commencing on July 1, 2003 and ending on June 30, 2008. Monthly rent shall be $2,000.00 and will be adjusted annually according to changes in the Consumer Price Index; providing for an effective date.

Authorizing the City Manager to execute a lease with Webb County for approximately 1,000 square feet constituting Building No. S-3 located at 1703 Sandman Street at the Laredo International Airport. Lease term is for one (1) year commencing on May I,2003 and ending on April 30,2004, and may be extended for two (2) terms of one (1) year each ending on April 30, 2005 and April 30, 2006. However, it is agreed by the parties that the lease may be terminated by either party upon giving a ninety (90) day written notice for the party terminating to the other. Monthly rent shall be $400.00 and will be adjusted annually according to changes in the Consumer Price Index; providing for an effective date.

FINAL READING OF ORDINANCES

29. 2003-0-155 Third and Final Reading authorizing Aleskar Villarreal, dlbla Villarreal Dumps and Backhoe Service, Inc. a non- exclusive franchise, to construct, maintain and operate a commercial container refuse gathering and disposing service in the City of Laredo, Texas, and providing the terms, conditions, obligations, and limitations upon and under which such franchise shall be exercised; providing indemnity to the City, City retains authority to regulate rates except for rate increases resulting from increased landfill fees which are passed on to the customer; providing for increased service rates; providing for franchise payments; and providing for severability.

2003-0-157 Amending the City of Laredo FY 2002-2003 annual budget by appropriating revenues and expenditures in the amount of $74,157.00 for the Border Health Vector Control Project (a binational effort) of the City of Laredo Health Department for the period beginning June 1, 2003 through August 31, 2003.

Amending the City of Laredo FY 2002-2003 annual budget by appropriating revenues and expenditures in the amount of $39,000.00 from the Texas Department of Health for the Breast and Cervical Cancer Control Screening Project of the City of Laredo Health Department for the period beginning July 1, 2003 through June 30, 2004.

Amending the City of Laredo 2002-2003 annual budget by appropriating revenues and expenditures in the amount of $50,000.00 from the Texas Department of Health for the Breast and Cervical Cancer Control Project-Case Management of the City of Laredo Health Department for the period beginning July 1, 2003 through June 30, 2004. This grant includes funds for an existing Case ManagerIRegistered Nurse II position.

Enter into an agreement with the Federal Bureau of Investigation in the amount of $10,000.00 and amend the FY 2002-2003 City of Laredo budget by $10,000.00. The agreement's purpose is to reimburse costs of overtime incurred by the Laredo Police Department in providing resources for OCDETF (Organized Drug Enforcement Task Forces). The term of this agreement is from October 1, 2002 through September 30, 2003.

Authorizing the City Manager to accept and execute the Federal Administration Grant, Section 5307, in the amount of $3,613,392.00 for fiscal year 2002-2003; and amending the Transit System Operating Budget by increasing the Federal Transit Administration operating grant contribution from $3,500,000.00 to $3,613,392.00 and decreasing the sales tax match for operating expenses from $3,796,046.00 to $3,682,654.00 and providing for grant funds to be deposited in the City of Laredo Transit Fund.

Authorizing the City Manager to execute a multi-year lease with sole bidder, U.E.T.A. of Texas, Inc., for approximately 7,700 square feet of unbuilt retail space located adjacent to the upcoming new bridge administration building at Bridge I at the corner of Convent and Water Street. a. Lease term is for twenty (20) years. b. Rent: Yrs. 1-4 - $8,000.00 per month. Yrs. 5-8 - $8,160.00 per month Yrs. 9-12 - $8,323.17 per month Yrs. 73-16 - $8,489.67 per month Yrs. 17-20 - $8,659.50 per month Percentage rent: In addition to the annual rent, tenant shall pay, on a yearly basis, three percent (3%) of each dollar of gross revenue for the first $3,000,000.00 and three and one-half percent (3.5%) of each dollar of gross revenue above $3,000,000.00.

2003-0-163 Authorizing the City Manager to execute a lease with AT&T Wireless Services of San Antonio, Inc., a Texas Corporation d/b/a AT&T Wireless for approximately 20 X 20 feet of ground space at the La Bota Water Tower located at 14100 FM 1472, Laredo, Webb County, Texas and being more fully described in Exhibit "A" of lease agreement to construct on such premises a 150 foot self supporting type tower and related equipment building for use with its communications business. Term of the lease is five (5) years commencing July 21, 2003 and ending July 20, 2008 with four (4) successive renewal terms for five (5) years. Annual base rent shall be $8,652.00 each year during the term of the lease and will be increased by four percent (4%) on each anniversary of the commencement date, providing for effective date. (As amended)

2003-0-164 Authorizing the City Manager to execute a lease with AT&T Wireless Services of San Antonio, Inc., a Texas Corporation d/b/a AT&T Wireless for approximately 20 X 20 feet of ground space at the Del Mar Tower located at 610 Del Mar Blvd., Laredo, Webb County, Texas and being more fully described in Exhibit "A" of lease agreement to construct on such premises a 150 foot self supporting type tower and related equipment building for use with its communications business. Term of the lease is five (5) years commencing July 21, 2003 and ending July 20, 2008 with four (4) successive renewal terms for five (5) years. Annual base rent shall be $8,652.00 each year during the term of the lease and will be increased by four percent (4%) on each anniversary of the commencement date, providing for effective date. (As amended)

2003-0-165 Authorizing the City Manager to execute a lease with AT&T Wireless Services of San Antonio, Inc., a Texas Corporation d/b/a AT&T Wireless for approximately 20 X 20 feet of ground space at the McPherson Tower located at 8711 McPherson, Laredo, Webb County, Texas and being fully described on Exhibit "A of lease agreement to construct on such premises a 120 foot self-supporting type tower and related equipment building for use with its communications business. Term of the lease is five (5) years commencing July 21, 2003 and ending July 20, 2008 with four (4) successive renewal terms of five (5) years. Annual base rent shall be $8,652.00 each year during the term of he lease and will be increased by four percent (4%) on each anniversary of the commencement date, providing for effective date. (As amended)

2003-0-166 Authorizing the City Manager to execute a lease with AT&T Wireless Services of San Antonio, Inc., a Texas Corporation d/b/a AT&T Wireless for approximately 20 X 20 feet of ground space at the South Milmo water station located on South Milmo and Monterrey, Laredo, Webb County, Texas and being fully described on Exhibit "A" of lease agreement to construct on such premises a 120 feet self-supporting type tower and related equipment building for use with its communications business. Term of the lease is five (5) years commencing July 21, 2003 and ending July 20, 2008 with four (4) successive renewal terms of five (5) years. Annual base rent shall be $8,652.00 each year during the term of he lease and will be increased by four percent (4%) on each anniversary of the commencement date, providing for effective date. (As amended)

2003-0-167 Closing of vehicular traffic those sections of: a. the south one half section of Santa Cleotilde Avenue between Baltimore Street and the north access road of the Lafayette overpass bridge; and, b. the north one half section of Santa Cleotilde Avenue between Madison Street and the south access road of the Lafayette overpass bridge; and, c. the north and south access roads of the Lafayette overpass bridge between Main and Santa Rita Avenues including its intersection with Santa Cleotilde Avenue; situated in the Western Division, City of Laredo, County of Webb, Texas, and providing for an effective date.

XI. RESOLUTIONS

30. 2003-R-071 Accepting the assignment of 62.153 acre feet of municipal water rights from the balance of 306.7655 acre feet deeded to the City of Laredo by Vaquillas Ranch Company, Ltd. by applying 20.249 acre feet of municipal water rights for water availability charges and 9.954 acre feet for the installation of water meters in connection with the final plat of Monarch Townhouses; 3.6 acre feet of municipal water rights for water availability charges in connection with the final plat of Concord Hills Phase VII; and 18.95 acre feet of municipal water rights for water availability charges and 9.4 for annexation charges in connection with the final plat of Concord Hills Phase IX.

Resolving that the City Manager be authorized to execute a landlord subordination agreement between the City of Laredo, as Landlord, the Huntington National Bank, as lender, and R.G. Barry of Corporation, as lessee, thereby subordinating the lease agreement authorized by Ordinance No. 89-0-221 dated November 2, 1989 at the Laredo International Airport to the lender.

32. 2003-R-078 Directing AEP Texas Central Company to file certain information ("Rate Filing Package") with the City of Laredo; setting a date for the filing of the company's analysis of why existing rates should not be reduced; authorizing the hiring of legal counsel and consultants; and requiring the reimbursement of the City of Laredo's rate case expenses.

XII. MOTIONS

Consideration to authorize the purchase of one custom fire truck through the Texas Local Government Purchasing Cooperative (Buy Board) contract from American La France Gulf Coast, Houston, Texas, in the total amount of $330,572.00. This is a replacement fire truck that will be assigned to Station 9. Delivery is expected within six to eight months. Funding has been budgeted from PPFCO bond proceeds.

Consideration to award annual contract FY03-102, to the low bidder, JJJ lnternational & Safety, Inc., Laredo, Texas, in the estimated amount of $112,846.50 for providing traffic paint for the Traffic Department-Safety Division and the Airport Department. This contract establishes the unit pricing for traffic paint and glass beads used for street and runwayltaxiway striping for a one-year period. All items will be purchased on an as needed basis. Funding is available in the Traffic Safety and Airport-Ground Maintenance budget.

Consideration to award FY03-085 to Ferrara Firefighting Equipment, New Braunfels, Texas, in the amount of $27,538.00 for the purchase of twenty- five sets of structural fire fighting protective clothing for the Fire Department. The set includes the fire coat, trousers, knee boots, gloves, hoods, suspenders, and helmets. Funding is available in the 2003 PPFCO Contractual Obligation bond. Consideration to award contract FY03-097 to the low bidders, Dr. Ike's Home Center, Laredo, Texas, in the estimated amount of $19,091.OO and Rob K Concrete Products, Laredo, Texas in the estimated amount of $21,425.00 for providing rebar and wire mesh for a one year period. This contract establishes contract pricing for these materials used for construction or repair projects. All materials will be purchased on an as needed basis. Funding is available in the Public Works budget and the Capital Improvement Fund.

Consideration to award an architectural engineering (AIE) contract in the amount not to exceed $177,000.00 to Architects Plus, Inc., Laredo, Texas, for the Eleden Recreational Facility Project. Funding is available in the 28th Action Year, Community Development Projects.

Consideration for approval of the selection of consultant Freese and Nichols, Inc., Fort Worth, Texas, for the construction, reconstruction and rehabilitation of airport pavement areas and other aeronautical improvements at the Laredo International Airport and authorization to negotiate a professional services contract. Award of A/E contract is subject to funding availability.

Consideration for approval of change order No. 1 an increase of $102,257.00 to the construction contract with Pete Gallegos Paving, Inc., Laredo, Texas, for the Zacate Linear Park Phases Ill, IV & V scope of work I-sidewalks for additional construction of sidewalks and handrails from an apparent miscalculation of quantities. Funding is available in the Community Development Project-Zacate Creek Phase Ill, IV & V.

Consideration to award a construction contract to the lowest bidder Triple A Concrete, Inc., Laredo, Texas, for the CDBG Sidewalks City-Wide Project No. 21 (30 blocks) in the base bid amount of $169,793.10. Funding is available in the 28thAction Year School Sidewalks.

Consideration for approval of the selection of consultant Sepulveda Associates, Inc., for the Laredo International Airport roof repairs for Building No. 132, 134, 1054 and authorization to negotiate a professional services contract. Funding is available in the Airport Fund-stormlwind damages.

Consideration for approval of change order No. 3 a decrease of $58,060.00 to the construction contract with Modern Construction, lnc., Laredo, Texas, for the New Laredo Municipal Court Building Project for reconstruction of four (4) existing handrails at exterior stairways and to comply with ADA requirements and to conduct ADA and PEW allowances. Funding is available in the 2000A CO Issue Municipal Court Project.

Consideration for approval of the plans and specifications for Phase II of the City of Laredo Residential South Sound Insulation Program, as part of the Federal Aviation regulation part 150 Noise Compatibility Program; and authorization to advertise for bids for said plans and specifications. The program is funded through Federal Aviation Administration Grant #35 for noise abatement.

44. Approving the submission of the 2003 Consolidated Plan to the U.S. Department of Housing and Urban Development to request for funding though the 2gth ~ctionYear Community Development Block Grant (CDBG) in the amount of $4,407,000.00; the 2003 HOME Investment Partnership Program (HOME) in the amount of $1,454,026.00; and the 2003 Shelter Grant (ESG) in the amount of $1 50,000.00 and authorizing the City Manager to execute all documents as a result of the Plan's submission.

45. Consideration to reject the two bids received for the remediation of building foundation settlement for an estimated 26 single family housing units constructed as part of the Los Obispos Affordable Housing Project since bids received were incomplete and did not meet bid specifications.

46. Consideration to authorize the City Manager to negotiate a contract with CastleGarde, Tampa, Florida, to conduct a security assessment of the Laredo Bridge System's computer network, system, internet, and application security. The security assessment will identify all computer network security exposures that may exist and provide recommendations to prevent, eliminate or at least minimize the exposure of intrusion. The negotiated contract will be presented to the City Council at a subsequent meeting for final approval. Funding is available in the Laredo Bridge System budget.

47. Approving a reimbursement agreement with the Transportation Security Administration (TSA) to reimburse the airport for law enforcement services associated with the passenger screening checkpoint, and authorizing the City Manager to execute said agreement. The total estimated cost of this agreement is $423,714.50 over the term of the agreement. The effective date is of this agreement is retroactive from June 1, 2003 and shall continue in effect until September 30, 2007 or until earlier terminated by the parties.

48. Consideration to authorize the City Manager to negotiate and execute a contract with Crystal Group, Inc, a Texas Corporation, for the purpose of hosting the "Miss Texas USA Pageant" for the next five years (the years 2004, 2005, 2006, 2007 and 2008). Funding is budgeted in the LCVB Operating Budget FY 200312004.

49. Consideration to award contract FY03-081 to the low bidder, Air Gas, Inc., Laredo, Texas, in the estimated amount of $40,000.00 for providing welding gases, welding rods, cut links used by the service departments and medical oxygen used by the Fire Department. This is an annual contract and all line items will purchased on an as needed basis. Funding is available in the following departmental budgets: Traffic Safety-Fleet Maintenance, Parks and Recreation Department and Fire Department. Authorizing the City Manager to execute a contract with Miller & Van Eaton, P.L.L.C., Washington, D.C., in an amount of $120,000.00, billed at a rate of $6,000.00 per month plus related expenses, for the period beginning May I, 2003 and ending December 31, 2004, to provide Washington representation, meaning, advice concerning, and advocacy of, the City's position on federal-city relations and the federal appropriations process. Funding is available in General Fund.

Authorizing the City Manager to execute the State Homeland Security Grant Program Subrecipient Agreement between the City of Laredo and the Texas Engineering Extension Service "TEEX" to perform certain project tasks for the period beginning July 1, 2003 and ending on April 30, 2005, and accepting total grant award in the amount of $1,195,134.00.

Approving monthly adjustments to the tax roll. The amount to be adjusted for the month of June 2003 represents an increase of $16,651.74. These adjustments are determined by Webb County Appraisal District and by court orders.

Refund of property tax to the following taxpayers and companies: A refund in the amount of $1.316.78 payable to ~ubenLara, Jr., and Graciela due to an overpayment by taxpayer. Account #909-00007- 850. A refund in the amount of $668.24 payable to George A. & Christine M. Aguirre due to a double payment on behalf of Border Abstract and Transamerican Real Estate. Account #969-30009-160. A refund in the amount of $1,054.97 payable to EAB Leasing Corporation due to a double payment made on the 2001 taxes. Account #801-05020-112. A refund in the amount of $775.56 payable to Wells Fargo Real Estate Tax due to a double payment made by the taxpayer and Wells Fargo. Account #%I -20002-1 10. A refund in the amount of $1,027.83 payable to Wells Fargo Real Estate Tax due to a double payment made by Border Title and Wells Fargo. Account #973-lOOO4-lOO. A refund in the amount of $731.80 payable to Wells Fargo Real Estate Tax due to a double payment made by the taxpayer and Wells Fargo. Account #965-30005-020. A refund in the amount of $632.93 payable to Wells Fargo Real Estate Tax due to a double payment made by Webb County Title and Wells Fargo. Account #989-OOOO6-I40. A refund in the amount of $585.70 payable to Wells Fargo Real Estate Tax due to a double payment made by Neel Title Abstract and Wells Fargo. Account #980-70004-040. A refund in the amount of $1,043.66 payable to Wells Fargo Real Estate Tax due to a double payment made by Neel Title Abstract and Wells Fargo. Account #989-IOOO2-230. j. A refund in the amount of $1,047.88 payable to Wells Fargo Real Estate Tax due to a double payment made by Neel Title Abstract and Wells Fargo. Account #987-20002-230. k. A refund in the amount of $825.75 payable to Wells Fargo Real Estate Tax due to a double payment made by Neel Title Abstract and Wells Fargo. Account #983-40001-130. I. A refund in the amount of $508.21 payable to Transamerica Real Estate Tax Service Refund Department due to a double payment by taxpayer and Transamerica. Account #968-81001-014.

XIII. STAFF REPORTS

54. Update report on the status of the Colonias Project.

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

55. Request for Executive Session pursuant to Texas Government Code Section 551.072 in order to deliberate on the value of, and the possible purchase of, real property near the Central Business District, because deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with third persons; and return to open session for possible action, and direction to staff.

XV. 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, July 16, 2003 at 6:30 p.m.

Gugfavo Guevha, Jr. 1 City Secretary

COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE 0712 1/03 Amending Ordinance No. 200 1-0- 123 by authorizing the extension of a Conditional Use Permit (C.U.P.)for storage incidental to the transportation of used batteries on Lots 1,2, 6, & 7, Block 12, McPherson Acres Subdivision, Unit IVYlocated at 802 Gale St.; providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed Conditional Use Permit extension. ZC-37-2003 L Initiated by: Staff source: Emilo Richer Keith Selman, Planning Director Cynthia Collazo, Asst. City Manager Prior action: P & Z denied a request for a zone change to an M-2 (Heavy Manufacturing District) zoning designation on April 2, 1998. City Council then approved a C.U.P. on April 27th, 1998. On June 7, 1999 (1999-0-156) and June 18,200 1 (200 1-0-123), the City Council renewed this C.U.P. for two year terms. BACKGROUND Council District: V - Eliseo Valdez, Jr.

Proposed use: Storage and handling of used batteries. This activity is considered storage and handling of hazardous materials. Section 24.65.16(30) of the Laredo Land Development Code requires M-2 zoning for storage and handling of hazardous materials of this type.

Site: A freight forwarding company is currently located on the site.

Surrounding land uses: North of the site are two mini-storage /warehouses, Reno Sand and Gravel, the S. W. Bell Special Services Office and the First Assembly of God Church. East of the site are several warehouseltrucking companies including Crown Imports, EDCO, and S.R, Traffic Svc. Directly south of the site are several warehouses. Approximately 1000 feet further south of the site are several residential subdivisions, including School View, Alta Vista, Vista Herrnosa, and Valle Alto. Southwest of the site is Newman Elementary. West of the site is Federal Express, the Laredo Animal Clinic, and Centre Plaza. Northeast of the site is the Northview Office Complex, and La Roca Restaurant located along McPherson Rd.

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

Transportation Plan: The Long Range Thoroughfare Plan does not recognize Gale St.

Letters sent to surrounding property owners: 15 In Favor: 0 Opposed: 0 STAFF COMMENTS Staff supports the renewal of the proposed Conditional Use Permit. The site is surrounded by a variety of industrial uses consistent with the proposed use. Furthermore, the redirection of the official Laredo truck route allows access of the site without traversing intervening residential areas. ( see following page for a list of the origmally imposed conditions) P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 1 vote, recommended Staff supports the proposed Conditional approval of the proposed Conditional Use Permit. Use Permit renewal.

Paqe 1 of 2 COUNCIL COMMUNICATION

IMPACT ANALYSIS Conditional Use Permit: The purpose of a Conditional Use Permit is to provide for those land uses where additional regulation is necessary to protect the property and surrounding area. A Conditional Use Permit is primarily for property located in older sections of the City and is intended to promote development andlor redevelopment of such property which is consistent with the land use patterns of surrounding property. The City Council may grant a Conditional Use Permit where there is a finding based on testimony received at the public hearing that the applicant is willing and able to mitigate any negative effects of the proposed use.

The Conditions of the previous permit are as follows: 1) The C.U.P. is valid for two years. 2) The C.U.P. is restricted to storage incidental to transportation of used batteries only. 3) The batteries will arrive loaded on an enclosed trailer and leave the same day, as practical. 4) The C.U.P. is issued to Ermilo Richer, and is nontransferable.

Pase 2 of 2 CITY OF LAREDO ORDINANCE NO. 2003-0-

AMENDING ORDINANCE NO. 200 1-0-123 AUTHORIZING THE EXTENSION OF A CONDITIONAL USE PERMIT (C.U.P.) FOR STORAGE INCIDENTAL TO THE TRANSPORTATION OF USED BATTERIES ON LOTS 1, 2, 6, & 7, BLOCK 12, McPHERSON ACRES SUBDIVTSION, UNIT IV, LOCATED AT 802 GALE ST.; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, the owner of Lots l,2,6, & 7, Block 12, McPherson Acres Subdivision, Unit IV, located at 802 Gale St. was granted a two year Conditional Use Permit, on June 7, 1999 and June 18,200 1, for storage incidental to the transportation of used batteries; and,

WHEREAS, the C.U.P. is to expire on 611 812003 and the owner is requesting an extension of the C.U.P. ; and,

WHEREAS, notice of the request was advertised in the newspaper at least fifteen (1 5) days prior to the public hearing held before the Planning and Zoning Commission on this matter; and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (1 0) days before the public hearing held before the Planning and Zoning Commission on June 19,2003; and,

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

WHEREAS, the City Council has held a public hearing on July 2 1,2003, on the request and finds the proposed renewal of the Conditional Use Permit appropriate and consistent with the General Plan of the City of Laredo.

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: Ordinance No. 200 1-0-123, a Conditional Use Permit for storage incidental to the transportation of used batteries on Lots 1,2,6, & 7, Block 12, McPherson Acres Subdivision, Unit IV, located at 802 Gale St., is hereby amended to authorize the extension of the Conditional Use Permit.

Section 2: The Conditional Use Permit is restricted to the site plan, Exhibit "A", which is made a part hereof for all purposes. ) Section 3: The extension of the Conditional Use Pennit is further restricted to the \ following provisions herewith adopted by the City Council:

1) The C.U.P. is valid for two years.

2) The C.U.P.is restricted to storage incidental to transportation of used batteries only.

3) The batteries will arrive loaded on an enclosed trailer and leave the same day, as practical.

4) The C.U.P. is issued to Ermilo Richer, and is nontransferable.

Section 4: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.

Section 5: This ordinance shall become effective as and from the date of publication specified in Section 4. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2003.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY

ASSISTANT CITY ATTORNEY City of Laredo Zoning Map

COUNCIL COMMUNICATION

- -- Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 3, Block 0712 1/03 1694, Eastern Division, located at 280 1 Clark Blvd., from R-3 (Mixed Residential District) to B-1 (Limited Commercial District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change ZC-39-2003 Initiated by: Staff source: Javier and Sonia Moreno Keith Selman, Planning Director / Cynthia Collazo, Asst. City Manager Prior action: None. BACKGROUND

Council District: I1 - Hector J. Garcia

Proposed use: Commercial. (an officelretail complex

Site: Lot 3 of the proposed use is vacant, but the proposed use will eventually straddle all of Lots 1,2 and 3. Lot 1 is currently occupied by Chic-e-Lins Grocery and Lot 2 is also vacant.

Surrounding land uses: The site lies directly southeast of the intersection of Clark Blvd. and Arkansas Ave. The area west of the site is occupied exclusively by single family residences. North of the site are several single and multifamily residential uses, Ace's Auto Service, the Brighter Day Chilc Daycare Center, and a creek. South and east of the site are more single family residences, a family medical clinic, and the Church of Christ.

Comprehensive Plan: The Future Land Use Map recognizes this area Low Density Residential.

Transportation Plan: The Long Range Thoroughfare Plan identifies Clark Blvd. as a Modified Major Arterial and identifies Arkansas Ave. as a Minor Arterial and a Truck Route.

Letters sent to surrounding property owners: 24 In Favor: 0 Opposed: 2 STAFF COMMENTS

The proposed zone change is appropriate at this location. The proposed change is consistent with the zoning to west and north west. As both Arkansas Ave. and Clark Blvd. are heavily traveled corridors, the site is well suited to the light commercial use proposed.

P&Z COMMISSION RECOMMENDATION: 1 STAFF RECOMMENDATION: The P & Z Commission, in a 7 to 0 vote, recommended I Staff supports the proposed zone change. approval of the zone change. CITY OF LAREDO ORDINANCE NO. 2003-0-

AMENDING THE ZONING ORDNANCE (MAP) OF THE CITY OF LAREDO BY REZONING LOT 3, BLOCK 1694, EASTERN DIVISION, LOCATED AT 2801 CLARK BLVD., FROM R-3 (MIXED RESIDENTLAL DISTRICT) TO B- 1 (LIMITED COMMERCIAL DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a zone change has been requested by the owners of Lot 3, Block 1694, Eastern Division, located at 2801 Clark Blvd., from R-3 (Mixed Residential District) to B-1 (Limited 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 June 19,2003; and,

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

,) WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (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 July 2 1,2003, on the request and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and,

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

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

Section 1 : The Zoning Map of the City of Laredo be and is hereby amended by rezoning Lot 3, Block 1694, Eastern Division, located at 2801 Clark Blvd., from R-3 (Mixed Residential District) to B-1 (Limited 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 ,2003.

ELLZABETH G. FLORES MAYOR

ATTEST:

1 GUSTAVO GUEVARA, JR CITY SECRETARY

APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY

ASSISTANT CITY ATTORNEY City of Laredo Planning Department Feet

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COUNCIL COMMUNICATION

Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance 0712 1/03 of Special Use Permit to Morgan Stern Merchant Bank, Ltd., for an electronic display on Lot 8, Block 24, Western Division, located at 1600 Water St; providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed Special Use Permit. ZC-40-2003 Initiated by: Staff source: Spigel Properties Laredo, Inc. Keith Selman, Planning Director Cynthia Collazo, Asst. City Manager Prior action: None. BACKGROUND Council District: VIII - Juan Ramirez

Proposed use: An electronic display sign. The proposed 20-foot by 60 foot sign is primarily a large video screen similar to a television screen. (site #1)

Site: The site is occupied by the River Drive Mall.

Surrounding land uses: The Rio Grande River and mall parking lay to the south. The site is completely surrounded by commerciaVretail uses with the exception of the International Bridge I to the east.

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

Transportation Plan: The Long Range Thoroughfare Plan does not identifjr Water St.

The proposed display will be located on private property, within 1,000 feet of an international bridge- crossing and will be mounted on an existing structure. The Code additionally requires the following: the display (shall) allocate not less than 10% of all display time to public promotion and public service announcements approved by City Council, at no charge. Such time shall be distributed evenly during daylight and evening hours, and; the display (shall be). . . equipped to present emergency warnings approved by the City as part of its Disaster Preparedness Plan. Activation of such emergency warnings shall be approved by the Fire Chief, with notice to the City Manager and the Mayor.

Staff also recommends the following conditions: 1. The Special Use Permit is restricted to the site plan, Exhibit "A", which is made a part hereof for all purposes. 2 . The Special Use Permit shall be issued to Morgan Stern Merchant Bank, Ltd., and is nontransferable.

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

Page 1 of 1 CITY OF LAREDO ORDINANCE NO. 2003-0-

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY AUTHORIZING THE ISSUANCE OF A SPECIAL USE PERMIT TO MORGAN STERN MERCHANT BANK, LTD., FOR AN ELECTRONIC DISPLAY ON LOT 8, BLOCK 24, WESTERN DIVISION, LOCATED AT 1600 WATER ST.; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a request has been received to amend the Zoning Ordinance Map of the City of Laredo by authorizing the issuance of a Special Use Permit to Morgan Stern Merchant Bank, Ltd., for an electronic display on Lot 8, Block 24, Western Division, located at 1600 Water St.; and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on June 19,2003; and,

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

WHEREAS, notice of the Special Use Permit request was advertised in the newspaper at I 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 July 2 1,2003, on the request and finds the Special Use Permit appropriate and consistent with the General Plan of the City of Laredo.

WHEREAS, all conditions imposed by the Special Use Permit shall be met before the activity sanctioned by the Special Use Permit may commence.

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 ths 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 authorizing the issuance of a Special Use Permit to Morgan Stern Merchant Bank, Ltd., for an electronic display on Lot 8, Block 24, Western Division, located at 1600 Water St. 1 Section 2: The Special Use Permit is further restricted to the following provisions herewith adopted by the City Council:

I. The Special Use Permit is restricted to the site plan, Ehbit "A, which is made a part hereof for all purposes. 2. The Special Use Permit shall be issued to Morgan Stern Merchant Bank, Ltd., and is nontransferable.

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.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2003.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY

/BY: ALLAN W. MCGRAW ASSISTANT CITY ATTORNEY 3ity of Laredo Zoning Map

MEXICO / RIVERDRIVE MALL 1600 WATER ST, LAREDO, TEXAS 78040 Laredo, Texas . Frank ~rchitdtsInc.

1 21 9 Matarnoros Ste. 51 2 . Laredo, Texas 956.725.7418 Fax: 956.722.8541 email: arch1 21 [email protected]

COUNCIL COMMUNICATION

Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance 0712 1103 of Special Use Permit to Morgan Stern Merchant Bank, Ltd., for an electronic display on Lot 8, Block 276A, Western Division, located at 1600 Water St; providing for publication and effective date. The Planning and Zoning Commission has recommended approval of 1 the proposed Special Use Permit. ZC-4 1-2003 Initiated by: Staff source: Spigel Properties Laredo, Inc. Keith Selman, Planning Director Cynthia Collazo, Asst. City Manager Prior action: None. BACKGROUND Council District: VIII - Juan Ramirez

Proposed use: An electronic display sign. The proposed 20-foot by 60 foot sign is primarily a large video screen similar to a television screen. (site #2)

Site: The site is occupied by the River Drive Mall.

Surrounding land uses: The Rio Grande River and mall parking lay to the south. The site is completely surrounded by cornrnerciaVretai1 uses with the exception of the International Bridge I to the east.

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

Transportation Plan: The Long Range Thoroughfare Plan does not identifjr Water St.

Letters sent to surrounding property owners: 16 In Favor: 1 Opposed: 0 STAFF COMMENTS The proposed Special Use Permit is appropriate at this location. The proposed electronic display sign meets the permit issuance requirements under Section 24.93.6 of the Land Development Code. The proposed display will be located on private property, within 1,000 feet of an international bridge crossing and will be mounted on an existing structure. The Code additionally requires the following: the display (shall) allocate not less than 10% of all display time to public promotion and public service announcements approved by City Council, at no charge. Such time shall be distributed evenly during daylight and evening hours, and; the display (shall be). . . equipped to present emergency warnings approved by the City as part of its Disaster Preparedness Plan. Activation of such emergency warnings shall be approved by the Fire Chief, with notice to the City Manager and the Mayor.

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

Page 1 of 1 CITY OF LAREDO ORDINANCE NO. 2003-0-

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY AUTHORIZING THE ISSUANCE OF A SPECIAL USE PERMIT TO MORGAN STERN MERCHANT BANK, LTD., FOR AN ELECTRONIC DISPLAY ON LOT 8, BLOCK 276A, WESTERN DIVISION, LOCATED AT 1600 WATER ST.; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a request has been received to amend the Zoning Ordinance Map of the City of Laredo by authorizing the issuance of a Special Use Permit to Morgan Stem Merchant Bank, Ltd., for an electronic display on Lot 8, Block 276A, Western Division, located at 1600 Water St.; and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on June 19,2003; and,

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

WHEREAS, notice of the Special Use Permit 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 July 2 1,2003, on the request and finds the Special Use Permit appropriate and consistent with the General Plan of the City of Laredo.

WHEREAS, all conditions imposed by the Special Use Permit shall be met before the activity sanctioned by the Special Use Permit may commence.

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 authorizing the issuance of a Special Use Permit to Morgan Stern Merchant Bank, Ltd., for an electronic display on Lot 8, Block 276A, Western Division, located at 1600 Water St. 1 Section 2: The Special Use Permit is further restricted to the following provisions herewith adopted by the City Council:

1. The Special Use Permit is restricted to the site plan, Exhibit "A, which is made a part hereof for all purposes. 2. The Special Use Permit shall be issued to Morgan Stern Merchant Bank, Ltd., and is nontransferable.

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.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2003.

i ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY

BY: ALLAN W. MCGRAW ASSISTANT CITY ATTORNEY I Request for a City of Laredo Planning Department S.U.P. (Special Use Permit) -Feet I I CBD j

City of Laredo Zoning Map

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Laredo, Texas Frank ~rchit~kslnc.

-- -- - 1219 Matamoros Ste. 512 Laredo, Texas 956.725.7418 Fax: 956.722.8541 email: [email protected]

EXHIBIT "A"

COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 63.17 acres, as 0712 1lo3 further described by metes and bounds in attached Exhibit "A, located south of Mines Rd. and east of Deer Creek Mobile Home Park, from AG (Agricultural District) to R-1A (Single Family Reduced Area District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change. ZC-42c-2002 Initiated by: Staff source: Julia M. Ruhlman Keith Selman, Planning Director Cynthia Collazo, Asst. City Manager Prior action: None BACKGROUND

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

Proposed use: Residential

Site: The site is currently vacant and undeveloped land.

Surrounding land uses: Other than the Pan American Mobile Home Park directly east of the site anc the Pan American Industrial Park to the south, the site is almost completely surrounded by vacant undeveloped land.

Comprehensive Plan: The Future Land Use Map recognizes this area as RetailIOffice and Medium Density Residential.

Transportation Plan: The Long Range Thoroughfare Plan identifies this location of Mines Rd. as an Expressway and a Truck Route.

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

The proposed change is appropriate and consistent with the Comprehensive Plan and the surrounding zoning, especially the recently proposed R-IMH designation for the Pan American Mobile Home Park to the east.

P&Z COMMISSION RECOMMENDATION: 1 STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 1 vote, recommended 1 Staff supports the proposed zone change. approval of the zone change.

Paqe 1 of 2 COUNCIL COMMUNICATION IMPACT ANALYSIS

R-1A (Single Family Reduced Area District): The purpose of the R-1A District is to provide for residential uses and those public uses normally considered an integral part of the residential neighbor, hood they serve. In addition, this district provides for the subdivision of single family residential lots with a minimum of 4500 square feet.

Is this change contrary to the established land use pattern? The established land use in the immediate vicinity is residential directly east and industrial farther to the south.

Would this change create an isolated zoning district unrelated to surrounding districts? Yes, the adjoining districts are AG, M-1, R-1MH.

Will change adversely influence living conditions in the neighborhood? NIA.

Are there substantial reaso.ns why the property can not be used in accord with existing zoning? Yes, existing zoning only allow for agricultural uses.

Paqe 2 of 2 CITY OF LAREDO ORDINANCE NO. 2003-0-

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONTNG 63.17 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A, LOCATED SOUTH OF MINES RD. AND EAST OF DEER CREEK MOBILE HOME PARK, FROM AG (AGRICULTURAL DISTRICT) TO R-1A (SINGLE FAMILY REDUCED AREA DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a zone change has been requested by the owners of 63.17 acres, as further described by metes and bounds in attached Exhibit "A, located south of Mines Rd. and east of Deer Creek Mobile Home Park, from AG (Agricultural District) to R-1A (Single Family Reduced Area 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 June 19,2003; and,

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

WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (1 5) days prior to the public hearing held before the City of Laredo City Council on this matter; and,

WHEREAS, the City Council has held a public hearing on June 19,2003, on the request and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and,

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

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

Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezoning 63.17 acres, as further described by metes and bounds in attached Exhibit "A", located south of Mines Rd. and east of Deer Creek Mobile Home Park, from AG (Agricultural District) to R-1A (Single Family Reduced Area 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 ,2003.

ELIZABETH G. FLORES MAYOR

ATTEST:

1 GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY

BY: ALLAN W. MCGRAW ASSISTANT CITY ATTORNEY Rezone from AG (Agricultrual District) City of Laredo To R-1A (Single Family Reduced Area District) Planning Department Feet

City of Laredo Zoning Map . 0 N67"14'56"E . ARTURO NICOLAS MERAZ 46 0 ACRES VOL. 401. PAGES 50-52.WCDR SD 7Y19'45"13 1543 EC 185 62' S 17"08'50"W N 67'14'56" E \ F.M. 1472 (MINES ROAD) 193 05' \ 214.08' ( NOTE \ ( NOTE "A" ) \ 0 -- 0 0 ( NOTE "A) ZONE-AGZONE-

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63.17 ACRES PROPOSED R-1A ZONE VOLUME 17, PAGE 22, WCPR ZONE-AG LOT 1A. BLOCK 1. / PAN AMERICAN MOBlL HOME PARK VOLUME 21. PAGE 6. WCPR WEBB COUNTY. TEXAS.

s 87-13'56" w 389 22'

I. THE UNDERSIGNED. A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF TEXAS. HERBY CERTIFY THAT A FIELD SURVEY WAS NOT PREFORMED ZONE-M 1 AND THAT THE FOREGOING DESCRIPTION WAS PREPARED FROM PLATS, DEEDS, ROW INSTRUMENTS AND OTHER DOCUMENTS OF RECORD. AND TO THE BEST OF 59.33 Acres MY ABILITY, KNOWLEDGE AND EXPERIENCE. IS TRUE AND CORRECT. JULIA MULLER WEATHERS City Ordinonce SHARE 1 \ NO. 99-0-296 1613 587 ACRES \ VOL 492, PAGES 732-761, WCTDR \ ( NOTE "A" ) \ GILBERT L. CADE Ill, R.P.L.S. N0.5060 DATE \ \ MAP OESIGN BY: JCN MEJIA SHOWING PROPOSED ZONING OF CHECKED BY: CVU == ENGINEERING A 63.17 ACRE TRACT OF LAND APPROMO BY: CVM -ga SITUATED IN DATE: JULY. 01. 2003 U COMPANY PORCION 15. JOSE GARCIA. ORIGINAL GRANTEE. ABSTRACT 53 AND BEING OUT OF JOB 1: 1202 HOUSTON STREET. SUITE 200 A TRACT KNOWN AS SHARE 1 CONTAINING 1.61 3.587 ACRES AS PER PARTITION FILE NluE: F/A/PANAMERICANSUB/MASTER LAREOO. TEXAS 78040 DEED DATED JULY 15. 1975. BETWEEN JULIA MULLER WEATHERS AND ALBERT OFFICE: (956) 725-5057 FURNEY MULLER. JR.. ET AL. AS RECORDED IN VOLUME 492. PAGES 732-761. WCDR. SHEET 1 OF I F.4X: (956) 725-7070 WEBB COUN1Y. TEXAS. LEGAL DESCRIPTION 63.17 ACRES

A Tract of Land containing 63.17 acres, more or less, situated in Porcion 15, Jose Garcia, Original Grantee, Abstract 53 and being out of a tract known as Share 1 containing 1,613.587 acres as per Partition Deed dated July 15, 1975, between Julia Muller Weathers and Albert Furney Muller, jr., ET AL, as recorded in Volume 492, Pages 732-761, Webb County Deed Records, said 63.17 acre tract being more particularly described as follows:

Commencing at the eastern most comer of Lot 1A, Block 1, Pan American Mobile Home Park as recorded in Volume 21, Page 6, Webb County Plat Records, Webb County, Texas, said eastern most comer being S 01 "37'28" W for a distance of 320.17' from the South right-of-way line of F.M. 1472 (Mines Road );

Thence, S 14"05'50" W, for a distance of 129.37 feet to a point located on the eastern line of said Lot lA, Block 1,Pan American Mobile Home Park for an exterior comer and "POINT OF BEGINNING" of this tract;

Thence, S 75"54'1OUE, a distance of 198.58 feet to a point for an exterior comer of this tract;

Thence, in a Southerly direction, the following courses;

Thence, S 14"05'50"E, a distance of 119.99 feet to a point of curvature of a cunie to the 1 right having a radius of 50.00 feet, a delta of 90°39'46", an arc length of 79.12 feet, and a chord bearing S 2925'01" W, a distance of 71.12 feet;

Thence, along the arc of said curve, a distance of 79.12 feet to the terminus point of said cunre;

Thence, S 46"06'44" E, a distance of 138.51 feet to a point of deflection to the right;

Thence, S 14"05'49" W, a distance of 857.37 feet to a point of deflection to the right;

Thence, S 50°25'48" W, a distance of 140.01 feet to a point of deflection to the right;

Thence, S 61"19'1 7" W, a distance of 257.61 feet to a point of deflection to the right;

Thence, in a Westerly direction, the following courses;

Thence, N 84"14'22" W, a distance of 339.53 feet to a point of deflection to the right;

Thence, N 67"51'06" W, a distance of 398.28 feet to a point of deflection to the left;

Thence, P\J 70"15'49" W, a distance of 122.68 feet to a point of deflection to the right;

J Thence, N 70°01'39" W,a distance of 127.33 feet to a point of deflection to the left; Thence, N 73'33'20" W, a distance of 420.60 feet to a point of deflection to the left; \ j Thence, S 87"13'56" W,a distance of 389.22 feet to a point of deflection to the left;

Thence, S 76"13'29" W, a distance of 614.06 feet to an exterior comer of this tract;

Thence, in a Northerly direction, the following courses;

Thence, N lO"05'10" E, a distance of 818.09 feet to a point of deflection to the left;

Thence, N 05"02'17" E, a distance of 169.43 feet to a point of deflection to the right;

Thence, N 19"28'01" E, a distance of 149.38 feet to a point of deflection to the left;

Thence, N 01 " 1 1'40" W, a distance of 5 12.44 feet to a point on the Southeasterly boundary line of a 46.0 acre tract as described in a deed to Arturo Nicolas Meraz, as recorded in Volume 401, Pages 50-52, Webb County Deed Records, Webb County, Texas, for an exterior comer of this tract;

Thence, N 67"14'56" E, along said Southeasterly boundary line, a distance of 214.08 feet to a point of deflection to the right;

\i Thence, S 75'19'45" E, a distance of 185.62 feet to an interior comer of this tract;

Thence, N 17"08'50HE, a distance of 147.02 feet to a point on said Southeasterly boundary line for an exterior comer of this tract;

Thence, N 67"14'56" E, a distance of 78.21 feet to an exterior comer of this tract;

Thence, S 17"08'50"W, a distance of 193.05 feet to an interior comer of this tract;

Thence, S 75"S4'1OHE, a distance of 1,034.66 feet to the Northwestern comer of Lot 1A, Block 1, Pan American Mobile Home Park as recorded in Volume 21, Page 6, Webb County Plat Records, Webb County, Texas for an exterior corner of this tract;

Thence, along the exterior boundary line of Lot 1A, the following courses;

Thence, S 14"05'5OUW, along the Western boundary line of said Lot 1A, Block 1, Pan American Mobile Home Park, a distance of 465.00 feet to a point of deflection to the right;

Thence, N 7SoS4'10"W, continuing along said Western boundary line, a distance of 45.00 feet to a point of deflection to the left;

Thence, S 14"05'50" W, continuing along said Western boundary line, a distance of 535.00 feet i for an interior comer of this tract;

EXHIBIT "A" Thence, S 75"54'10" E, along said Southern boundary line, a distance of 1085.00 feet to the Southeastern comer of said Lot IA, Block 1, Pan American Mobile Home Park for an interior comer of this tract;

Thence, N 14"05'50" E, along the Eastern boundary line of said Lot 1 A, Block 1, a distance of 435.00 feet to a point of deflection to the right;

Thence, S 75"54'10" E, continuing along said Eastern boundary line, a distance of 10.00 feet to a point of deflection to the left;

Thence, N 14"05'50" E, continuing along said Eastern boundary line, a distance of 445.00 feet to a point of deflection to the left;

Thence, N 75 "54'10" W, continuing along said Eastern boundary line, a distance of 10.00 feet to a point of deflection to the right;

Thence, N 14"05'5OUE, continuing along said Eastern boundary line, a distance of 1 19.77 feet to return and to close at "THE POINT OF BEGINNING" and containing 63.17 acres, more or less.

I I, the undersigned, a Registered Professional Land Surveyor in the State of Texas, hereby certify that a field survey was not preformed and that the foregoing description was prepared from plats, deeds, right-of-way instruments and other documents of record, and to the best of my ability, knowledge, and experience, is true and correct.

Gilbert L. Cade 111, R.P.L.S. No. 5060 Date:

EXHIBIT "A"

PAN AMERICAN MOBIL HOME PARK i-071, BLOCK 1 AS RECORDED IN VOLUME17, PAGE 22 WEB6 COUNTY PLAT RECORDS ClTY OF LAREDO WEBB COUNTY, TEXAS GF PAN AMERICAN UDBIL HOME LOI 1. 9LGr.K 1 A5 RECORDCI! IN VOLUME 17. PAGE 22, -a CWNR PLAT RECORDS

PAN AMERICAN U(BOIWS10N COT 1. BLCCK 1, LOTSI RlRU 3. BLW2, LOTS ' WRU 1'3. BLOCY.3. LOTS 1 THRU 18, BLOCK 4. LOTS ' lHRU 10. BLOCK 5, LOIS 1 THHU 26, BLOCK 6. LOTS $ THRU 26. BLCm 7: LOE 1 MRU 5. 6' Lo= THRU 20. BLOCK 9, LOTS 1 THRU B, BLOCK 10; LOT 1. BLOCK 11, AN@

PLANNING & ZONING COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND RECOMMENDATION OF AN ORDINANCE Concerning an application by William and Alla Ritz amending the Zoning Ordinance (Map: O6/ 19/03 of the City of Laredo by rezoning Lots 2,4,6, and 8, Block 532, Western Division, located at 181 8 Bruni St., from R-3 (Mixed Residential District) to B-3 (Community Business Item # 1 1 District). ZC-42-2003 Idtia ted by: Staff source: William and Alla Ritz Keith Selman, Planning Director Cynthia Collazo, Asst. City Manager Prior action: None. BACKGROUND Council District: VIII - Juan Ramirez

Proposed use: Commercial (Virlar's Autobody and Auto Glass)

Note: The applicant states that the site was originally used as a warehouse. As the warehousing use preceded the zoning ordinances, the site enjoyed a legal-nonconforming status. The applicant further states that some years ago he leased it to a forwarding agency whose tractor trailer traffic generated several neighborhood complaints. He now rents the site to the present auto repair business. The applicant has been apprised of the site's lose of its previous legal nonconforming status and warned of the present use's violation of the existing R-3 zoning designation.

Site: The site is currently occupied by Virlar's Autobody and Auto Glass.

Surrounding land uses: The site is completely surrounded by a mix of residential uses with the exception of the railroad line directly to the west, Cargo International Forwarding further west and another large warehouse to the northwest.

Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential.

Transportation Plan: The Long Range Thoroughfare Plan does not recognize either Bruni St, or Santa Rita Ave.

Petition: 14 In Favor: 14 Opposed: 0 Letters sent to surrounding property owners: 40 In Favor: 0 ($posed: 2 STAFF COMMENTS

The proposed zone change is inappropriate at this location. The proposed change is inconsistent with the Future Land Use Map, and the surrounding primarily residential land uses. Furthermore, the zoning in this area is particularly well defined and displays little or no incursion of incongruous zoning, especially east of Santa Rita.

P&Z COMMISSION RECOMMENDATION: / STAFF RECOMMENDATION: The P & Z Commission, in a to vote, recommended of I Staff does not support the proposed zone the zone change. 1 change.

Pase 1 of 2 COUNCIL COMMUNICATION

IMPACT ANALYSIS

B-3 (Community Business District): The purpose of the B-3 District is to provide for those businesses 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 surrounding land use pattern is primarily residential.

Would this change create an isolated zoning district unrelated to surrounding districts? Yes, the site is surrounded by R-3 and M-1 zoned districts.

Will change adversely influence living conditions in the neighborhood? Though the train does run though this area, the area is primarily characterized by residential uses.

Are there substantial reasons why the property can not be used in accord with existing zoning? No, the existing zoning allows for sufficient uses that are compatible with the surrounding area.

Pase 2 of 2 CITY OF LAREDO ORDINANCE NO. 2003-0-

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING LOTS 2,4,6, AND 8, BLOCK 532, WESTERN DIVISION, LOCATED AT 1818 BRUNI ST., FROM R-3 (MIXED RESIDENTIAL DISTRTCT) TO B-3 (COMMUNITY BUSINESS DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a zone change has been requested by the owners of Lots 2,4,6, and 8, Block 532, Western Division, located at 181 8 Bruni St., from R-3 (Mixed Residential District) to B-3 (Community Business District); and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on June 19,2003; and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended approval of the proposed zone change; and, r' 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 July 21,2003, on the request and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and,

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

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

Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezoning Lots 2,4,6, and 8, Block 532, Western Division, located at 1818 Bruni St., from R-3 (Mixed R.esidentia1 District) to B-3 (Community Business District). \ Section 2: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.

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 ,2003.

ELIZABETH G. FLORES MAYOR

ATTEST:

I GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY

ASSISTANT CITY ATTORNEY -- - - Rezone from R-3 (Mixed Residential District) C~tyof Laredo Plannmg Department To B-3 (Community Business District) Feet LOCATION: 1818 Bruni St -

LeyendecC Elementa

Veterans Field

City of Laredo Christen Zoning Map Middle GONZALEZ ST

BUILDING

COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE ArnenQng the Zoning Ordinance (Map) of the City of Laredo by rezoning 3 1.74 acres, as 0712 1 /O3 further described by metes and bounds in attached Exhibit "A", located south of Del Mar Blvd. and west of Loop 20, from R-1 (Single Family Residential District) to B-4 (Highway Commercial District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change. ZC-43-2003 Initiated by: Staff source: D. & J. Alexander Management, L. P. Keith Selman, Planning Director Cynthia Collazo, Asst. City Manager Prior action: None BACKGROUND

Council District: V - Eliseo Valdez, Jr

Proposed use: Commercial

Site: The site is currently vacant and undeveloped.

Surrounding land uses: The site is surrounded by vacant and undeveloped land except for the Speedy Stop to the north, the fire station to the south and Alexander High School to the west.

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

Transportation Plan: The Long Range Thoroughfare Plan identifies Del Mar Blvd. as a Modified Major Arterial and Loop 20 as Major Arterial and a Truck Route at this location.

Letters sent to surrounding property owners: 5 In Favor: 0 Opposed: 0 STAFF COMMENTS

The proposed zone change is appropriate at this location. The site meets the designation's location requirements, is consistent with the surrounding zoning districts and conforms to the area's approved masterplan.

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

Paqe 1 of 2 COUNCIL COMMUNICATION IMPACT ANALYSIS

B-4 (Highway Commercial District): The purpose of the B-4 District is to provide for those businesses 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 intended 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 thi classification.

Is this change contrary to the established land use pattern? There is very little established land use pattern in the area.

Would this change create an isolated zoning district unrelated to surrounding districts? No, the surrounding zoning districts are AG, B-3, and R-1.

Will change adversely influence living conditions in the neighborhood? N/A

Are there substantial reasons why the property can not be used in accord with existing zoning' No. Although the current zoning does allows for sufficient uses, the residential uses allowed by the existing R-1 designation less compatible with this location and the proposed designation.

Paae 2 of 2 CITY OF LAREDO ORDLNANCE NO. 2003-0-

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 31.74 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A", LOCATED SOUTH OF DEL MAR BLVD. AND WEST OF LOOP 20, FROM R-1 (SINGLE FAMILY RESIDENTIAL DISTRICT) TO B-4 (HGHWAY COMMERCIAL DISTRICT); PROVIDING FOR PUBLICATION AND EFlFECTIVE DATE.

WHEREAS, a zone change has been requested by the owners of 3 1.74 acres, as further described by metes and bounds in attached Exhibit "A", located south of Del Mar Blvd. and west of 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 June 19,2003; and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has I recommended 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 July 21, 2003, on the request and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and,

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

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

Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezoning 3 1.74 acres, as further described by metes and bounds in attached Exhibit "A", located south of Del Mar Blvd. and west of 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 ,2003.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY

'BE;:ALLAN W. MCGRAW ASSISTANT CITY ATTORNEY City of Laredo Zoning Map Alexander High School JUL 03 '03 14:45 FR0M:HOWLAND 956-796-9882 T-635 P 02/05 F-453 JUL 03 '03 14:45 FR0M:HOWLAND

HCIWLAND SURVEYING to.INC. - DBA H~WLAND ENGINEERING & SURVEYlNG COMPANY -'/li * SURVEY = C.M.T. GEO~CIENCES TRANSPORTATION' STRUCTURAL / FOUNDATION

lNC

Legal Description 31.74 Acm of Land, more or less Re-Zone from R-1 to B4 Alexander Ranch AREA %A

A Tract of Land Conraining 31.74 as- morc or lcsg dacniherein as Area 3-4 simrcd in Pon5on 25, Abstract 50, Juan F. Garcia, Onginal Grantee and Porcion 26, Absuact 282, Agustin Sanchez, Orignal Grantee, City of Laredo, Webb County, Tesas. Bemg out of a ma of Iand containing 1,350 acres of Land conveyed to Delfina E. Ale.sander and Josefina Alexander GonzaJez Recorded in Volmc 414, Pages 502-506, Deed krdsWebb County Tcxas. This 3 1.71 acre tract of land king more particularly described by metes 3rd bounds as follows, to wt;

Commencing at a %" Iron Rd., Found on the most Northerly bounda~~comr of John B. Alexander High School Rr-plat, as Rccorded in Volume 20, Pagn 26-27, Plat Records Webb County, Te.uas;

Thence North 05 degrees 59 minutes 21 seconds Emf, 420 Olfeet to a point on rhe Southeasterly rightaf-way line of Dcl-Mar Boulwd for the Wcst corncr hereof and the Tme Point of Beginning

Tbencc wirh said Southeasterly rightsf-way line, Norrh 67 degrees 37 minutes 35 seconds Eav, 1428.46 feet ro the tegnrung of a Curvc Wing the Westerly right&-my line afhp20) ro the Right aitb a Radius af5654.5)3 feet. for a Point on behered,

nce wilh adCvve to the Right. 997.99 fee1 (Chord hngSouth I4 degrees 20 minures 13 seconds Em?. 997.99 feet) for rhe Southeast Coma hereof;

Thence South 80 degrees 40 minutes 07 seconds West. 308.84 feet, to the beginning of a Curve Left with a Radius of 5[)0.00 feet, for a Point of Curvature hereaf;

Thencc with said Curve to the Left, 389.55 fset (Chord baring South 58 degrees 20 minures 57 svcondr West, 379.77 feet) a Point of Tangency hc rco r,

Thence South 36 degrees 01 minutes 47 seconds West, 47 1.43 feet, for the Southwest corner hereof;

Thence Norrh 53 dqpze.r 58 nrinutesl3 seconds Wesr, 401.93 fect, lo a Point ofDef3edon hereof;

Thence Nor~h22 degrees 26 minutes 18 seconds Wesf, 884.38 fat,to the Point of Beginning of &is Tram of Land Containing 3 1.71 acres of land, more or Icss. Basis of Bearing: State Plane Chordinares - NAD 83 Tx-South Zone 4205

EXHIBIT "A"

COUNCIL COMMUNICATION / Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 16.94 acres, as 1 07/? 1/03 further described by metes and bounds in attached Exhibit "Af',located south of Del Mar Blvd. and west of Loop 20, from R-1 (Single Family Residential District) to B-3 (Community Business District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change. I I ZC-43.5-2003 Initiated by: Staff source: D. & J. Alexander Management, L. P. Keith Selman, Planning Director 1 Cynthia Collazo, Asst. City Manager Prior action: None / BACKGROUND

Council District: V - Eliseo Valdez, Jr.

Proposed use: Commercial 1 Site: The site is currently vacant and undeveloped. Surrounding land uses: The site is surrounded by vacant and undeveloped land except for the Speedy Stop to the north, the fire station to the south and Alexander High School to the west. ' I Comprehensive Plan: The Future Land Use Map recognizes this area as RetailIOffice. Transportation Plan: The Long Range Thoroughfare Plan identifies Del Mar Blvd. as a Modified Major Arterial and Loop 20 as Major Arterial and a Truck Route at this location.

Letters sent to surrounding property owners: 5 In Favor: 0 Opposed: 0

STAFF COMMENTS

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

Paqe 1 of 2 COUNCIL COMMUNICATION IMPACT ANALYSIS

Is this change contrary to the established land use pattern? There is very little established land use pattern in the area.

Would this change create an isolated zoning district unrelated to surrounding districts? No, the surrounding zoning districts are AG, B-3, and R- 1.

Will change adversely influence living conditions in the neighborhood? , Ni* Are there substantial reasons why the property can not be used in accord with existing zoning? No. Although the current zoning does allows for sufficient uses, the residential uses allowed by the existing R-1 designation is less compatible with this location and the proposed designation.

Paae 2 of 2 CITY OF LAREDO ORDINANCE NO. 2003-0-

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 16.94 ACRES, AS FURTHER DESCRBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A", LOCATED SOUTH OF DEL MAR BLVD. AND WEST OF LOOP 20, FROM R-1 (SINGLE FAMILY RESIDENTIAL DISTRICT) TO B-3 (COMMUNITY BUSINESS DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a zone change has been requested by the owners of 16.94 acres, as further described by metes and bounds in attached Exhibit "A, located south of Del Mar Blvd. and west of Loop 20, from R-1 (Single Family Residential District) to B-3 (Community Business District); and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on June 19,2003; and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has i recommended 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 July 21,2003, on the request and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and,

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

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

Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezoning 16.94 acres, as further described by metes and bounds in attached Exhibit "A", located south of Del Mar Blvd. and west of Loop 20, from R-1 (Single Family Residential District) to B-3 (Community Business District). Section 2: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.

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 ,2003.

ELIZABETH G. FLORES MAYOR

ATTEST: )

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY

'BY: ALLAN W. MCGRAW ASSISTANT CITY ATTORNEY City of Laredo Zoning Map

Alexander High School JUL 03 '03 14:45 FR0M:HOWLAND 956-796-9882 T-635 P 04/05 F-453

\. ~hok.; 997.99' \ Bearing = S14'20'13"E JUL 03 '03 14:46 FR0M:HOWLAND

~VLrl HOWLAND SURVEYING GO., INC. - DBA HOWLAND a@: 2 ENGINEERING & SURVEYING COMPANY < 2 ~IL' SURVEY * C.M.T. GEOSCIENCEB* TRANBPORTATION ' STRUCTURAL/ FOUNDATION b A 4 Y INL.

Legal Description 16.94 Acres of Land, more or less Re-Zone from R-1 to B-3 Alexander Ranch AREA 1B

A Tract of Land Containing 16.94 acres, more or 1~ described herein as Area 3-B, situated in Porcion 25, Abstna 50, Juan F. Garc~a,Onginal Grantee and Porcion 26, Abstract 282, A@ Sancher. Origural Granur, City of Laredo, Webb County, Texas. Being our of a tract of land containing 1,150 acres af Land conveyed to Delfina E. Alexander and Josefina Alexander Gonzalez Recarded in Volumc 414. Pages 502-506, Dccd Records Webb County Texas This 16 94 acre ma of land king morc partjcularly described by metes and bounds as follows, to wit:

Commencing at a 55" Iron Rod, Found on the most Northerly bundag corner af John B. Alexander Hq$ Schaol Rc-plat, as Rmrded In Volume 20, Pages 26-27, Plat Rear& Wcbb County, Tcxas;

Thcnw Norrh 05 degrees 59 rninures 21 secand~Eacr, 420.01feet,to a point on the Southaskrly righraf-way line of Del-Mar Boulevard for the West comer here&

Tbence wib said Southeasterly right-af-way line, North 67 degrees 37 minures 32 secondr Eat, 1428.16 feet, to the bemgof a P*we(king the Wes~erlyright-of-way line af hp20) to the Right with a Radius of 5654.58 feet, for a Point af Curvarure hereof:

'1nence with said Cwe to the hot, 997.99 fm (Chord beanng Sufh I4 degrees 20 minutes 13 seconds Ear, 997.99 fee[) for rhe Sourheast Corncr hercof and the Tnte Point af Beginning;

Thence with said be,1087.28 fa3 (Chord bearing Soulh 03 deqees 45 minutes 57 seconds Easr, 1085.60 feet) to he Nanheast corncr of a 2.00 acre uaa as Recorded in Volumc 21, Pagc 56, Plat Recbrds Webb County, Texas, for he Southcast Corner hereof;

Thence witb the North line of said 2.00 amtract, Norrh 88 dcgrees 16 minutes IS seconds Wesr, 152.72 feer, to the Nonhwest corner of said 2.00 acre hact, for an interior comer hereof;

Thence witb the Northwen line of said 2.00 acre rraq Sourh 36 degrees 02 minutes 00 seconds Wesr, 122.31 fee4 for rhc most Southerly corner hereor;

Tbence Norrh 53 degrees 58 minu!es/3 secondr Wesf,929.91 feet, for the Nonhwea Corner hd;

Thence Norfh 36 degrees 01 minures 47 seconds Fast, 471.43 feet, to the beginrung of a Curve R@x, with a bdius of 500.00 feet, Tor a Point of Curvature he&,

Thence with said Curve to the Righr, 383.55 feet (Chord bearing North 58 degrees 20 mirrvres 57 seconds hr,379.77 fcct) for a Point of Tangency herd,

Thmcc .k'orrh 80 depees 40 minutes 07 seconds East, 308 84 feeL to rhe Paint uf Beginning ofhsTraa dLand ContainiTlg 16.74 acres of land more or Ins.

Bais of Bearing: Sate PLane Coordinaus - NAD 83 Tx-South Zone 4205

C:\D~S~\E~~~I~~~SCZ~UJ\S~~~-O~@].dm Sheet 2 of 2 EXHIBIT "A"

COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 39.23 acres, as 0712 1 lo3 further described by metes and bounds on attached Exhibit "A", located south of Del Mar Blvd. and east of Loop 20, from R-I (Single Family Residential District) to B-4 (Highway Commercial District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed change. ZC-44-2003 Initiated by: Staff source: D. & J. Alexander Management, L. P. Keith Selman, Planning Director Cynthia Collazo, Asst. City Manager Prior action: None BACKGROUND

Council District: V - Eliseo Valdez, Jr

Proposed use: Commercial

Site:. The site is currently vacant and undeveloped.

Surrounding land uses: The site is surrounded by vacant and undeveloped land except for the Speedy Stop to the north, the fire station to the south and Alexander High School to the west.

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

Transportation Plan: The Long Range Thoroughfare Plan identifies Del Mar Blvd. as a Modified Major Arterial and Loop 20 as Major Arterial and a Truck Route at this location.

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

The proposed zone change is appropriate at ths location. The site meets the designation's location requirements, and conforms to the area's approved materplan. The change is also consistent with the large B-4 area to the south and the B-3 area the northwest.

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

Paqe 1 of 2 COUNCIL COMMUNICATION 1 IMPACT ANALYSIS B-4 (Highway Commercial District): The purpose of the B-4 District is to provide for those businesses 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 intended 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 classification.

Is this change contrary to the established land use pattern? There is very little established land use pattern in the area.

Would this change create an isolated zoning district unrelated to surrounding districts? No, the surrounding zoning districts are R- 1 AG, B- 1, B-4, and B-3.

Will change adversely influence living conditions in the neighborhood? N/A

Are there substantial reasons why the property can not be used in accord with existing zoning? No. Although the current zoning does allows for sufficient uses, the residential uses allowed by the existing R-1 designation less compatible with this location and the proposed designation.

Paqe 2 of 2 CITY OF LAREDO ORDINANCE NO. 2003-0-

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 39.23 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS ON ATTACHED EXHIBIT "A", LOCATED SOUTH OF DEL MAR BLVD. AND EAST OF 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 39.23 acres, as further described by metes and bounds on attached Exhibit "A", located south of Del Mar Blvd, and east of 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 June 19,2003; and,

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

WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (1 5) days prior to the public hearing held before the City of Laredo City Council on this matter; and,

WHEREAS, the City Council has held a public hearing on July 21,2003, on the request and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and,

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

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

Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezoning 39.23 acres, as further described by metes and bounds on attached Exhibit "A", located south of Del Mar Blvd. and east of 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 ,2003.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY

BY: ALLAN W. MCGRAW ASSISTANT CITY ATTORNEY City of Laredo Zoning Map

Alexander High School Tangent = 1029.44' Length = 2037 70' Chord = 2027.25'

Wis of Bearing: State Plane Coordinates 4~sd6 ~rk.outh Zone 4205 HWVND SU(MIING CO.. NC. - D.8A RE-ZONE FROM R-1 TO 8-4 HOWLAND AL E-N DE R RANC H ENGINEERING & SURVEYING COMPANY AREA 4 LAREDO. TMS 7-1-451128 .&I A Trad of Land Containing 39.23 acres, more or less, described herein ar Area 4, situated - in Porcion 25, Abshact 50, Juan F Garcia, Ongml Grantee and partly out of Porcion 26, OFFICE. (956) 722-441 1 County, Abstract 282, Agustin Sanchez, Origjnal Grantee, City of Laredo, Webb Texas. FAX: (956) 722-5414 SHEET: Bemg out of a tract of land contam 1,450 axes of Land conveyed to DeKm E Alexander and Iosefina Alexander Gonzalez Recorded in Volume 414, F'agcs 502-506, Deed Records E-Mod: HorlondONetxorp.Net 1 OF 2 Webb Countv Texas HOWLAND SURVEYING GO., INC. - GYA d~vYI HOWLAND 2 ENGINEERING & SURVEYING COMPANY -3 rlVIL * SURVEY * C.M.T. * GEDSCIENCES* TRANSPDRTATIDN* STRUCTURAL / FOUNDATION 36 4, I NC

Legal Description 39.23 Acres of Land, more or less Re-Zone from R-1 to B-4 Alexander Ranch AREA 4

A Tract of Land Containing 39.23 acres, more or less, described herein as Area 4, situated in Porcion 25, Abstract 50, Juan F. Garcia, Original Grantee and Porcion 26, Abstract 282, Agustin Sanchez, Original Grantee, City of Laredo, Webb County, Texas. Being out of a tract of land containing 1,450 acres of Land conveyed to Delfina E. Alexander and Josefina Alexander Gonzalez Recorded in Volume 414, Pages 502-506, Deed Records Webb County Texas. This 39.23 acre tract of land being more particularly described by metes and bounds as follows, to wit:

Commencing at a W Iron Rod, Found on the North comer of Lot 1A, Block 1, John B. Alexander High School Re-plat, as Recorded in Volume 20, Pages 26-27, Plat Records Webb County, Texas;

Thence with the Southeasterly right-of-way line of Del-Mar Boulevard North 67 degrees 37 minutes 35 seconds East, 1978.51 feet, to a point on the Northeasterly right-of-way line of Loop 20, for a point of deflection hereof;

Thence with the Southeasterly right-of-way line of Del Mar Boulevard North 67 degrees 35 minutes 39 seconds East, a distance of 150.20 feet, to a point on the Easterly right-of-way line of Loop 20, for the West comer hereof and the True Point of Beginning;

%encewith the Southeasterly right-of-way line of Del-Mar Boulevard North 67 degrees 35 minutes 39 seconds East, 1108.91 feet, to .Yiest comer of the Iglesia Cristiana Misericordia Tract, as Recorded in Volume 1245, Pages 565-575, Deed Records Webb County, Texas, for the North Comer hereof;

Thence with the Southwesterly line of said Iglesia Cristiana Misericor&a Tract, South 16 degrees 26 minutes 33 seconds East, 1087.41 feet, to the South Corner of said Iglesia Cristiana Wsericordla Tract, also being on the Northwesterly boundary line of Radcliff & Sue Spivey Killam Tract, as Recorded in Volume 1349, Pages 790-793, Real Property Records Webb County, Texas, for the East Comer hereof;

Thence with said Northwesterly line of said Radcliff & Sue Spivey Killam Tract, South 35 degrees 58 minutes 02 seconds West, 1704.63 feet, to the beginning of a Reverse Curve (being the Easterly right-of-way line of Loop 20) to the Right, with a Radius of 5804.58 feet, for a Point on Curve hereof;

Thence with said Curve to the Right, 2037.70 feet (Chord bearing North 09 degrees 25 minutes 14 seconds West, 2027.25 feet) to the Point of Beginning of this Tract of Land Containing 39.23 acres of land, more or less. Basis of Bearing: State Plane Coordinates - NAD 83 Tx-South Zone 4205

76 1 5 BARTLm AVENUE * LAREDO. TEXAS 7804 1-451 1 28 * PHONE: (956) 722-441 1 * FAX: (9561 722-541 4

COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 30.30 acres, as 0712 1 lo3 further described by metes and bounds in attached Exhibit "A", located east of Internationa Blvd. and north of Woodridge Dr., from AG (Agricultural District) to R-1 (Single Family Residential District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change. ZC-45-2003 Initiated by: Staff source: San Isidro Southeast, Ltd. Keith Selman, Planning Director Cyntha Collazo, Asst. City Manager Prior action: None BACKGROUND

Council District: VI- Gene Belmares

Proposed use: Residential

Site: The site is currently vacant and undeveloped.

Surrounding land uses: The area south of the site 1s occupied by San Isidro Taos Subdivision, Unit 11, mainly devoted to single family residential uses, while the areas north, east, and west are large vacant and undeveloped areas.

Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential.

Transportation Plan: The Long Range Thoroughfare Plan identifies International Blvd. as a Minor Arterial at this location.

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

STAFF COMMENTS

The proposed zone change is appropriate at this location. The proposed change is consistent with the area's approved masterplan, the Future Land Use Map, and the surrounding zoning.

P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote with one Staff supports the proposed zone change. abstention, recommended approval of the zone change.

Paqe 1 of 2 COUNCIL COMMUNICATION

IMPACT ANALYSIS

' R-1 (Single Family Residential District): The purpose of the R-1 District is to provide an area for i residential uses and those public and semipublic uses normally considered an integral part of the I neighborhood they serve. 1 Is this change contrary to the established land use pattern? ; Though still somewhat sparse, the established land use pattern is residential to the west and south. Would this change create an isolated zoning district unrelated to surrounding districts? 1 Yes, the adjoining zoning districts are AG, and R-2. 1 Will change adversely influence living conditions in the neighborhood? / Yes, the established residential development is better served by a similar residential designation.

I I' Are there substantial reasons why the property can not be used in accord with existing zoning: I Yes, the property is zoned agriculturally which allows only a limited number of agricultural uses.

Paqe 2 of 2 CITY OF LAREDO ORDINANCE NO. 2003-0-

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 30.30 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A, LOCATED EAST OF INTERNATIONAL BLVD. AND NORTH OF WOODRIDGE DR., FROM AG (AGRICULTURAL DISTRICT) TO R-1 (SINGLE FAMILY RESIDENTIAL DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a zone change has been requested by the owners of 30.30 acres, as further described by metes and bounds in attached Exhibit "A", located east of International Blvd, and north of Woodridge Dr., from AG (Agricultural District) to R-1 (Single Family Residential District); and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (1 0) days before the public hearing held before the Planning and Zoning Commission on June 19,2003; and,

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

WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (1 5) days prior to the public hearing held before the City of Laredo City Council on this matter; and,

WHEREAS, the City Council has held a public hearing on July 2 1,2003, on the request and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and,

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

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

Section 1 : The Zoning Map of the City of Laredo be and is hereby amended by rezoning 30.30 acres, as further described by metes and bounds in attached Exhibit "A", located east of International Blvd. and north of Woodridge Dr., from AG (Agricultural District) to R-1 (Single Family Residential Di.strict). 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 ,2003.

ELIZABETH G. FLORES MAYOR

ATTEST: i

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY

- BY: ALLAN W. MCGRAW ASSISTANT CITY ATTORNEY R- 1

Amazonla Subd 7ity of Laredo Zoning Map

R- 1

North Laredo * Wade Water Treatment Plat AG s 41.37'06" E

BEARING: N 01'44'45" E DISTANCE 94.27'

DELTA. 25'09'48" RADIUS: 1245.00'

RE-ZONE AREA AG -R1 30.30 ACRE TWT OF LAN0

L2 BEARING: N 75'42'03' W RADIUS: 2035.00' DISTANCE: 28.56- L3 BEARING: S 01'49'01" W DISTANCE: 28.28'

HOWLAND ENGINEERING & SURWNG COMPANY

7615 K WRlUTT AN. UREDO. TEXAS 78041

RE-ZONE FROM AG TO R1 FAX: (956) 722-5414

E-Moll. nawlondONet.corp Net Howland Survqing Co., Inc. - DEW HOWLAND Engineering & Surveying Company I Oil and Gas Location Surveys ' Boundary Surveys ' City Lot Surveys ' Engineering & Planning

Re-Zone AG to R-1 For a 30.30 Acre Tract of Lnnd Situated in Porcion 20 and 21 Webb County, Tesas

A 30.30 Acre Tract of Land, hcing out of a 325.789 acre trwt of land l!iltg ir~Webb count>. 'fesus und king 111 Procion 21 and the northeast part of Si~ne\No. 24 15, uhlch IS more partic~ularl)drscrikd h\ ~netesand bounds ul volume 1395, Ihge 85 ot'the Iked Records of \Yebb C'omtty. Situated 111 City ofl,aredo, Wchb County. l'cxiis. 'lliis 30.30-acre tract bcmg ~norcpar titularly descrikd as Ibllo~s.

Commencing i~tthe most costerl! corner of 'I'~I(>sSi~bclivisiol~ lJnit 11; as rtcor-dcd in Vol. 92. Pg 26, Plat R~xonls. Webb count^, Texas. 'I'hc~~ce'orrlr 52 tlt~g,uc.s I1 n~rr~u~vs1-7 wrottdc East. a distance of' 052.7Wcct to the True Point of Beginning.

Thence \btrlr 46 tlcg/ws 49 mrt~rrrc>s111 svct)trtlr f:'oc.r,d d~stat~ccof 204 7') led to tltc hepr~uingo1'd Gun e to the Left aith a rad~iisof 1245 00 tect for a Point of Cunaturc hcrcol.

Thence along sad Cune to the I~,flan arc Icngth of 352 58 feet (Chord hcanng \'ur.tk 38 ckprcvs 42 mrwtcc I J secotdr East, 35 1 -10 fret) to R pornt at the bcg~~mrnpof another Cune to the Left wth a r:~d~usof 12-15 00 kt. lo1 n Point of Compound Cunvture herd

Thence contili~ungon said Curve to the 1,eft. itn irc Isngth of 546 78 feet (Chord lxarrng Ywtlr I3 tkgrgw I9 ttrrrrrttt,.~ 39 s~.cordslhvt, 542 40 fwt) Sor a Point of Tangency hercot

Thence Sodt 39 tlqrecs I0 nrrrrttrvs 16 scwwric ~JI,a drstaxe 01'202 84 feet for a Point of Deflection horcof.

Thence Sorrtlr 66 tkqpc'~51 tr~tr~~rtt,~21 wcotrdr Ilil~t,a d~stance01.838 24 feet to a plnt on the r~phtuf-un)lune of Havana Drive and the \q,~nriinpof a Cun e to the hft alth radlus of 2035 00 f't tor a Point of Cun ature he~tml.

Thence conbnu~ngalorlg s,1ld r~ght-of-~:r>lrnr of Ilmana l>ri\cand sad Cunc to the Left, all arc Isngth of 748 17 feet (Chord bearing South 6.3 degrees 21 nrrwtes 35 secotrcls Ea~r,247 98 feet ) for a Point of Tangency hereof,

Thence "Lbtll~7.5 tlc,gr~w43 nrrt~irrcu0.3 weirds ff (.TI, a dwtnnce of28 56 tcet to a poud oil the rightuf-w:l\ IIIK 01 Woodr~dpeDr~w md the heglrm~ngof a Cune to the Left \nth a radius of 2260 00 tert for a Point of Cun itturc hereof.

Thence A'ortlr 33 ticgrcv.c 10 mrnu/c.r 59 rrcotrti.~IIErt, a distiuice oT 114 10 iket for a Point of Deflection llcreol-.

Thence h'or~h01 tit~g~~es-19 ntrmtcs 01 st.cotids Em, a drstrincc of 28 28 feet to thc Point of Beginning md containing 30.30 Acres of Land, more or less.

1'1, I> l 7, ,'I I, i ill i , ,,' \L $1 13 11%

PLANTATION PROFESSIONAL BUILDING 1310 JUNCTION Dr. SUITE B ' LAREDO, TEXAS 78045 ' TEL: (956) 722-441 1 ' FAX: (956) 722-5414

COUNCIL COMMUNICATION Date: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning All of Block 07/21/03 270, Eastern Division, located at 2001 Cedar Ave., from B-1 (Limited Commercial District: to B-3 (Community Business District); providing for publication and effective date. The Planning and Zoning Commission has recommended approval of the proposed zone change. ZC-46-2003 Initiated by: Staff source: Aurora Inc. Keith Selman, Planning Director Cynthia Collazo, Asst. City Manager Prior action: None. BACKGROUND Council District: 111 - John C. Galo

Proposed use: Commercial (A vocational training school)

Site: The site is currently occupied by the vacant Medical Arts Plaza.

Surrounding land uses: The site is completely surrounded by a mix of residential uses with the exceptions of a beauty salon, and a mechanic shop to the north.

Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential.

Transportation Plan: Neither Cedar Ave. nor any of the abutting streets, Logan Ave., Fremont St., Musser St., are identified on the Long Range Thoroughfare Plan.

Letters sent to'surrounding property owners: 59 In Favor: 2 Opposed: 1

STAFF COMMENTS

The proposed zone change is inappropriate at this location. The proposed change is inconsistent with the Future Land Use Map, the surrounding primarily residential land uses, and the surrounding zoning districts, which are predominately R-3 with a few B-1. Additionally, the proposed change does not meet the B-3 location requirement which stipulates that B-3 zoned areas be located primarily along minor or principal arterial streets, as classified by the Transportation Plan of the City of Laredo.

- P&Z COMMISSION RECOMMENDATION: I STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 2 vote, recommended Staff does not support the proposed zone approval of the zone change, change.

Paae 1 of 2 COUNCIL COMMUNICATION

IMPACT ANALYSIS

Is this change contrary to the established land use pattern? Yes, the surrounding land use pattern is primarily residential.

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

Will change adversely influence living conditions in the neighborhood? The residences in the area would be better served by any of the less intensive uses permitted by the existing B- 1 designation.

Are there substantial reasons why the property can not be used in accord with existing zoning? No, the existing zoning allows for sufficient uses that are compatible with the surrounding area.

Paqe 2 of 2 CITY OF LAREDO ORDINANCE NO. 2003-0-

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING ALL OF BLOCK 270, EASTERN DIVISION, LOCATED AT 2001 CEDAR AVE., FROM B-1 (LIMITED COMMERCIAL DISTRICT) TO B-3 (COhfMUNITY BUSTNESS DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a zone change has been requested by the owners of All of Block 270, Eastern Division, located at 200 1 Cedar Ave., from B-1 (Limited Commercial District) to B-3 (Community Business District); and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on June 19,2003; and,

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

WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (1 5) days prior to the public hearing held before the City of Laredo City Council on this matter; and,

WHEREAS, the City Council has held a public hearing on July 21,2003, on the request and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and,

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

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

Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezoning All of Block 270, Eastern Division, located at 2001 Cedar Ave., from B-1 (Limited Commercial District) to B-3 (Community Business District). Section 2: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.

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 ,2003.

ELIZABETH G. FLORES MAYOR

ATTEST:

i I GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY

ASSISTANT CITY ATTORNEY City of Laredo Rezone from B-1 (Limited Business District) Planning Department To B-3 (Community Business District) Feet

LOCATION' 2001 Cedar Ave. ZC-46 - 200

City of Laredo Health Dept.

-R-2 Clark E Ej= Clark Blvh -

City of Laredo Zoning MUSSER ST

-- I I I PARKING I I I I LANDSCAPE PARKING

I I I -7 I I

BUILDING I

FREMONT ST

ZONING SITE PLAN l~-scr-cr

COUNCIL COMMUNICATION

DATE: SUBJECT: PUBLIC HEARING AMENDING CHAPTER 15, HEALTH AND SANITATION, ARTICLE Vl - rl ,DOOR CLEAN AlR", OF THE CODE OR ORDINANCES OF THE CITY OF LAREDO, 712 1lo3 TEXAS BY AMENDING SECTIONS 15-78 THROUGH 15-82; "SMOKING INPUBLIC PLACES"; THEREBY DESIGNATING SMOKING AND NONSMOKING AREAS; PROVIDING CRITERIA AND PROCEDURAL REQUlREMENTS FORDESIGNATED SMOKING AREAS; PROVIDING SIGN REQUIREMENTS; 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: Larry Dovalina Jaime L. Flores Hector Gonzalez City Manager City Attorney Health Department Director

PREVIOUS ACTION: The item is being re-introduced because of numerous changes that have been made to the ordinance since it was first introduced. On July 7,2003, the ordinance was posted as a final reading, however, it was postponed for another public hearing to be held on July 21,2003. On June 12,2003 a public hearing was held and the ordinance was introduced a City Council Workshop. Discussion of a proposed draft ordinance was held on May 5,2003. Prior to that, an Ordinance passed in January 20, 1992, prohibiting smoking in public places and designating smoking areas in public places.

BACKGROUND: Responding to Council's request of April 7,2003, initiated by Council members Alfiedo Agredano and Hecto Garcia, the City Attorney has studied the smoking ordinances of many cities, including Dallas, Austin, Lubbock Houston and drafied this ordinance. Since this ordinance was expected to be controversial, a workshop wa held and the public was invited to comment on the introductory draft of the ordinance. As a result of tha workshop, the ordinance was amended so that it reflects what City Council determines is in the best interest of the citizens.

FINANCIAL: None upon City facilities, possible need for health inspector. Some impact upon private businesses dependinj on changes needed to comply with structural changes necessary for designated smoking areas, and possible 10s or gain of business upon implementation of the ordinance. RECOMMENDATION: STAFF RECOMMENDATION: NIA. Recommends approval. ORDINANCE NO. 2003-0-156

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 15-82; "SMOKING IN PUBLIC PLACES"; THEREBY DESIGNATING SMOKING AND NONSMOKING AREAS; PROVIDING CRITERIA AND PROCEDURAL REQUIREMENTS FOR DESIGNATED SMOKING AREAS; PROVIDING SIGN REQUIREMENTS; PROVIDING FOR VIOLATIONS, ENFORCEMENT AND PENALTIES OF THE POLICIES IMPLEMENTING THIS CHAPTER; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION.

WHEREAS, numerous scientific studies have found that tobacco smoke is a major 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 airway 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 irritant, 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 of the 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 Ordinance.

Page I 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 15-82 of the Code of Ordinances of the City of Laredo is hereby amended as follows:

Chapter 15

HEALTH AND SANITATION

ARTICLE VI. SMOKING IN PUBLIC PLACES

Sec. 15-78 Defmitions.

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

1. Bar means any area devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the serving of alcoholic beverages. Although a restaurant may contain a bar, the term "bar" shall not include the dining area.

2. Business means anv sole proprietorship. ioint venture, corporation. or other business entity 1 formed for profit-making purposes. including retail establishments where goods or services are sold as well as professional offices where legal. medical. dental. engineering. architectural, or other professional services are delivered.

3. Child Care Facilitv means any licensed nursery. day care center. pre-school, or other facility engaged in the practice of providing care for children. A private 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. Designated Smoking Area means a designated area where smoking is permitted either indoors or outdoors. If indoors. the area must be phvsicallv enclosed as described in Sec, 15-78(9) and Sec. 15-80. separated from non-smoking areas and ventilated with a separate heating. ventilation, and air conditioning (HVAC) svstem. If outdoors. the area must be no closer than fifteen (1 5) feet from the entrance to a non-smoking establishment or facility.

5. Dining Area means anv area containing a counter, booths or tables upon which food is served.

6. Educational Facility means anv day care center, nursery school, elementan, school. middle school, iunior high school, senior high school, vocational school, special education center. college or university.

Page 2 7. Employee means any person who is employed by an employer in consideration 1 for monetarv compensation or profit. . .. 8. Employer means anv person, partnership. corporation. association or other entitv that employs one or more persons.

9. Enclosed Area means all space between a floor and ceiling that is enclosed on all sides bv solid walls or windows (exclusive of doorways) that extend from floor to ceiling.

10. Health Care Facilitv means any office or institution providing individual care or treatment of diseases, whether phvsical, mental or emotional, or other medical. whvsiological or psvchological conditions.

11. Food Establishment means anv area which prepares meals or serves food or beverages, regardless of whether or not the establishment provides seating or facilities for on-premises consumption. 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 anv portion of that establishment that constitutes a "bar".

12. Place of Employment means any enclosed indoor area under the control of the employer to which employees have access during the course of employment, including but not limited to work areas, employee lounges, employee restrooms, conference rooms, and employee cafeterias, as well ) as the doonvavs and a perimeter area of up to fifteen (15) feet within the control of the employer. A private residence is not a "place of emplovment" unless it is used as a child care or health care facility as defined herein.

13. Public Place means any 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 private institutions of higher education. and child care and health care facilities. A private residence is not a "pub1ic place".

Page 3 14. 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, wests or employees, except that the term "restaurant" shall not include a "bar" as defined herein.

15. Service Line means anv indoor or outdoor line at which one or more persons are waiting for or receiving service of anv kind. whether or not such service involves the exchange of monev.

16. Smoke or Smoking means the carrying or holding of a lighted pipe, cigar or cigarette, or any other lighted smoking equipment or device, and the lighting of, emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind.

17. Sports Arena means anv enclosed or unenclosed sports pavilion, avmnasium. 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 phvsical exercise, participate in athletic competition. or witness sports events. including but not limited to the following activities: baseball. football. basketball, hockey. soccer. tennis, boxing- swimming. wrestling, vollevball. avrnnastics, handball. weightlifiing, martial arts related sports, rodeo or track and field games

18. Tobacco Specialtv Retail Shop means any retail store utilized primarilv for the sale oftobacco products and accessories and in which the sale of other products is merelv incidental.

Sec. 15-79. N43 SMOKING IN PUBLIC PLACES 1 A. Smoking Prohibited

Except as otherwise provided in Sec. 15-80, regarding areas specifically designated for smoking, there shall be no smoking in the following places:

33-7q bb

1. Anv citv facilitv. enclosed or unenclosed including but not limited to buildings. parks and sports facilities, airvort. bridges. police stations and sub-stations, fire stations. civic center facilities, libraries, clinics, and municipal court;

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 galleries. libraries and museums when open to the public;

Page 4 7. Theaters;

8. Sports arenas and convention halls;

9. Polling places;

10. Child care facilities;

11. Everv room. chamber. place of meeting or public assembly. including school buildings under the control of anv board, council, commission, committee including joint committees. or agencies of the City of Laredo or any political subdivision of the State during such time as a public meeting is in progress, to the extent such place is subiect to the jurisdiction of the City;

12. Waiting rooms. hallways, wards and rooms of health care facilities, including, but not limited to: hospitals. clinics. physical therapy, mental health. and drug and alcohol treatment facilities, and doctors7 and dentists' offices;

13.Lobbies, hallways. 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 facilities;

15. Anv school or educational institution operated by a business or nonprofit entitv for the ) purpose of providing academic classroom instruction. trade. craR. computer or other technical training, or instruction in dancing. artistic, musical or other cultural activities;

16. Elevators;

17. Restaurants; Notwithstanding anv other provisions ofthis Section, any owner. operator, manager, or other person who controls any establishment or facility may declare that entire establishment or facilitv. as a non-smoking establishment or facility.

B. Smoking Not Prohibited

Notwithstanding anv other provisions of this Ordinance to the contrarv, 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. Bars;

3. Tobacco Specialty Retail Stores;

Page 5 4. Public streets and sidewalks;

5. Hotel. motel and all other public and private conference and meeting; rooms while these places are being used exclusively for private fknctions: and

6. A maximum of fi(50) percent of hotel and motel rooms. Provided. however, that each hotel and motel shall designate not less than fiRy (50) percent of their hotel or motel rooms as non- smoking rooms. The hotel or motel rooms designated as non-smoking rooms must have sims posted indicating that smoking is prohibited in such rooms and ashtrays removed.

Sec.15-80. Designation of Smoking Areas.

A. General Criteria for Designated Smoking Areas

The owner. manager or anv person who operates or otherwise controls the use of any premises subiect to this ordinance b,may designate one or more areas within a public place as a designated smoking area. & -ge--w. Any such designated smoking area- dengmkd, shall comply with the definitions of 'aesignated Smoking Area7' (see Sec.- 15-78(4) and 'Enclosed Area" (see Sec. 15-78(9)), and meet the following criteria: 1. Be situated so that ventilation minimizes the effect of smoke in adjacent nonsmoking areas and so that air from the smoking area is not drawn into or across a nonsmoking area, and be located so that non-smokers shall not have to travel through the smoking area to get to the cashier. a restroom or a non-smoking area.

2. Be enclosed with structural separations from non-smoking areas, as defined in Section 15-78(9), that is, such structural separations must be on all sides, and must be solid walls or windows (exclusive of doorways) that extend fiom floor to ceiling. fi

3. Be designated by appropriate signs or by use of international symbols which are clearly visible to patrons in or entering the premises constituting a public place as defined in this article;

4. Contain ashtrays, containers or other facilities for the extinguishment of smoking materials.

5. If outside, be an area fifteen (15) feet fiom the entrance to facilities and establishments.

B. Procedural Requirements Reparding; Designated Smoking Areas in All Places of Emplovment.

1. Each emplover having; an enclosed place of emplovment located within the citv oflaredo,

Page 6 Texas, shall adopt. implement, make known and maintain a written smoking policv which shall 1 contain at a minimum the following provisions: {a) Prohibition of smoking in emplover common areas, such as conference and meeting rooms. classrooms. auditoriums, rest rooms, waiting areas. hallways, emplovee lunchrooms and lounges. stairwavs, elevators. and nurses' aid stations or similar facilities for the treatment of employees. unless identified as designated smoking areas.

Jb) Explanation to emplovees that any employee may obiect to his or her emplover about smoke in his or her immediate work area. in emplovee facilities. or in areas in the work place where he or she must traverse in the course of work.

2. Using previouslv available means of ventilation or partition of office space, the employer must use its best efforts to reasonablv accommodate the preferences of non-smoking and smoking emplovees. However. in doing so. no employer is required to make any expenditures or structural changes to the place of emplovment. if it is an entirelv non-smoking establishment.

3. If no accommodation reasonablv satisfactory to all complaining emplovees can be reached in anv iven work area, the preferences of complaining emplovees shall prevail and the employer shall prohibit smoking- in that work area. Where the emplover prohibits smoking in a work area, it shall clearlv mark that area with appropriate "no smoking" signs and upon request. provide signs to emplovees for use in designating their areas.

; 4. The emolover shall announce its smoking policv to all its emplovees working in work places in the City of Laredo. Texas and shall post its written policv conspicuously in all work places under the employer's iurisdiction. and make it available upon request.

5. Notwithstanding the foregoing provisions of this Section, everv employer shall have the right- to designate any place of employment, or portion thereof, as a non-smoking area.

6. If an employer fails to implement and maintain a written smoking policv. smoking shall be prohibited on the entire premises.

15-81. Required signs.

A. Anv person or emplover who owns. manaFes, operates or otherwise controls the use of any premises subiect to this Ordinance has the responsibilitv :

1. To establish and maintain "Wo Smoking" areas;

Page 7 \ 2. To properly post and maintain signs identifvinn"Smokina". 'No Smoking" or 'Designated- Smoking" areas; and

3. To properlv post signs necessary to give effect to any policy adopted. implemented or maintained pursuant to this Ordinance.

B. Failure to maintain appropriate signs as required herein shall result in a offense punishable bv a fine of not less than Fifty ( $50.00) Dollars and no more than Two Hundred ($200.00)Dollars. Each day that a violation continues shall constitute a separate offense.

15-82. Violations, Enforcement and Penalties.

A. Anv owner. manager. operator or emplover of anv establishment affected bv this Ordinance shall> upon either observing or being advised of a violation this Ordinance, have the obligation to inform the violator of the appropriate requirements of this law and then require immediate compliance.

B. The Fire Department or the Health Department may accept, while an establishment is undergoing otherwise mandated inspections. self-certification bv the owner, manager. operator or other person ) having control of such establishment stating that a11 requirements of this Ordinance have been met.

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

D. Enforcement of this Ordinance shall be implemented by the Citv Manager and the Health Director of the City of Laredo. Texas. or their designee.

E. It shall be unlawfbl for anv proprietor or person who owns. manages. operates or otherwise controls the use of any premises subiect to regulation under this Ordinance to knowindv fail to complv with any of its provisions. Anv proprietor or other person in control of a public place or workplace who fails to comply with this Ordinance shall be subiect to:

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

2. Suspension of any license issued bv the Citv, including any license issued bv the City's Health Department for that public place for a period of up to thirty (30) davs for each dav of noncompliance.

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

Page 8 Ordinance. Anv person who knowinglv or intentionallv smokes in an area in which smoking is 1 prohibited shall be subiect to: 1. A fine of not less than Fifty ($50.00) Dollars. nor more than Two Hundred ($200.00) Dollars; and

2. In the event that a person has been previously convicted under this Section. that person shall be fined not less than Two Hundred ($200.00) Dollars. nor more than Five Hundred ($500.00) on a second conviction: and

3. No less than Five Hundred ($500.00) nor more than One Thousand ($1,000.00) Dollars for each conviction thereafter.

15-83. Reserved.

15-84. Reserved.

15-85. 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 1 unconstitutional, void, invalid or for any reason unenforceable, the validity of the remaining portion of this ordinance or its application to other persons or sets of circumstances shall not be affected thereby, it being the intent 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 MAYORON THIS THE DAY OF ,2003.

ELIZABETH G. FLORES MAYOR

Page 9 ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM:

JAIMEL. FLORES CITY ATTORNEY

Page 10

COUNCIL COMMUNICATIONS

~y providing that thirty thousand ($30,000) dollars of the assessed value of .esidence homesteads of persons over sixty-five years of age on or before January 1st of any year shall be exempt from City ad valorem taxes, and providing for an effective date.

CYNTHIA COLLAZO, ELIZABETH MARTINEZ ASSISTANT CITY MANAGER INTERIM TAX ASSESSOR-COLLECTOR

PREVIOUS COUNCIL ACTION: City Council previously approved an increase from $25,000 to $30,000 by Resolution No. 99-R-035 passed on March 15, 1999. BACKGROUND: We are amending the Code of Ordinances so that it reads the correct amount of $30,000 instead of $20,000. The increase of $25,000 to $30,000 was passed through a resolution instead of an ordinance; therefore, this amendment will ensure that the Code of Ordinances coincides with City Council's intent in the Resolution passed on March 15, 1999.

FINANCIAL: No financial impact.

COlMlVITTtt KtCOMlVltNUATION: 1 I of this amendment. An Ordinance

AMENDING THE CITY OF LAREDO CODE OF ORDINANCES SUBSECTION (a) OF SECTION 30-1 BY PROVIDING THAT THIRTY THOUSAND ($30,000) DOLLARS OF THE ASSESSED VALUE OF RESIDENCE HOMESTEADS OF PERSONS OVER SIXTY-FIVE (65) YEARS OF AGE ON OR BEFORE JANUARY lStOF ANY YEAR SHALL BE EXEMPT FROM CITY AD VALOREM TAXES, AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, we are updating our information so that the Code of Ordinances and the information on the Resolutions coincide with each other.

WHEREAS, the State authorizes local taxing units to establish valuation for homestead exemption purposes for persons over 65 years;

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

1. That Subsection (a) of Section 30-1 of Chapter 30 of the Laredo Code of Ordinances is hereby amended and shall read as follows:

(a.) [ ($X,W)] Thirty Thousand Dollars ($30,000) of the assessed value of residence homesteads of persons who have attained the age of sixty- five (65) years or older on or before the first day of January of any year shall be exempt from all taxation for all city purposes for that year; however, where the ad valorem tax has heretofore been pledged for the payment of any debt, the taxing officers of the city shall have authority to continue to levy and collect the tax against the homestead property at the same rate as the tax so pledged until the debt is discharged if the cessation of the levy would impair the obligation of the contract by which the debt was created.

(b) That this exemption shall apply to the January 1, 1986 taxes and each subsequent year thereafter.

2. That this ordinance shall be effective thirty (30) days after its adoption.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,-2003.

HONORABLE ELIZABETH G. FLORES, MAYOR ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME L. FLORES

BY: VALERIA ACEVEDO, ASSISTANT CITY ATTORNEY

CITY COUNCIL COMMUNICATION Date: I SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE THE VEHICLE CAPITAL REPLACEMENT (VCR) GRANT 0301 (22) CONTRACT NO. 51322F6002 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE TOTAL DOLLAR AMOUNT OF $620,000.00; CONSISTING OF $496,000.00 IN FEDERAL FUNDS, MATCHING TRANSIT SALES TAX FUNDS OF $124,000.00, AND PROVIDING FOR GRANTICONTRACT FUNDS TO BE DEPOSITED IN THE CITY OF LAREDO TRANSIT FUND ACCOUNT; AND AMENDING THE LAREDO TRANSIT FUND ACCOUNT TO APPROPRIATE $620,000.00 FOR BUS PURCHASES.

INITIATED BY: STAFF SOURCE: Larry Dovalina, City Manager Thomas N. Lucek, General Manager

PREVIOUS BOARD ACTION: None

BACKGROUND: The FY 2003 Vehicle Capital Replacement Grant VCR 0301(22), is for the purchase of two (2) heavy iuty 35 foot CNG. The maximum amount payable under this grant agreement is $496,000.00. This grant terminates on July 3 1, 2004.

FINANCIAL: BUDGET BUDGET PROPOSED AMENDMENT BUDGET TRANSIT CAPITAL GRANTS REVENUES: TRANSITICAPITAL GRANT 0 496,000 496,000 TRANSFER INISALES TAX 0 124,000 124,000

EXPENDITURES : AUTOMOTIVE

TRANSIT SALES TAX EXPENDITURES : TRANSFER OUTIGRANTS 0 124,000 124,000 RESERVE APPROPRIATION 2,199,609 (124,000) 2,075,609

LMI BOARD OF DIRECTORS: STAFF RECOMMENDATION: Staff recommends approval of this motion ORDINANCE NO.

AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE THE VEHICLE CAPITAL REPLACEMENT (VCR) GRANT 0301 (22) CONTRACT NO. 51322F6002 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE TOTAL DOLLAR AMOUNT OF $620,000.00; CONSISTING OF $496,000.00 IN FEDERAL FUNDS, MATCHING TRANSIT SALES TAX FUNDS OF $124,000.00, AND PROVIDING FOR GRANTICONTRACT FUNDS TO BE DEPOSITED IN THE CITY OF LAREDO TRANSIT FUND ACCOUNT; AND AMENDING THE LAREDO TRANSIT FUND ACCOUNT TO APPROPRIATE $620,000.00 FOR BUS PURCHASES.

WHEREAS, 49 U.S.C. 5309 (m)(l)(c), authorizes the U.S. Secretary of Transportation to make grants to state governments to assist in financing capital projects that will benefit the country's transit systems; and,

WHEREAS, Transportation code, Chapter 455, authorizes the State to assist the Subrecipient in procuring aid for the purpose of establishing and maintaining public and mass transportation projects and to administer funds appropriated for public transportation under Transportation Code, Chapter 456; and,

WHEREAS, the Governor of the State of Texas has designated the Texas Department of Transportation to receive federal funds under the Section 5309 program; and ,

WHEREAS, the Texas Transportation Commission passed Minute Order No. 109166, authorizing the issuance of contracts in accordance with this program for public transportation; and ,

WHEREAS, the Subrecipient submitted an application under Section 5309 for federal financial assistance to be used to finance capital projects to benefit Texas's transit systems; and,

WHEREAS, the U.S. Secretary of Transportation approved the State's requests; and.

WHEREAS, the State of Texas, acting through the Texas Department of Transportation entered into this Grant Agreement No 5 1322F6002 [State Project No. VCR 0301 (22) 5221 with the City of Laredo for the maximum amount payable under this grant agreement without modification is $620,000.00. NOW THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF LAREDO THAT:

Section 1. The period of the Grant Agreement No. 51322F6002 State Project No. VCR 0301 is to July 31,2004; and,

Section 2. The maximum amount payable under this grant agreement without modification is $620,000.00; and,

Section 3. The City Manager is authorized to execute all necessary documentation in relation to this grant.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2003.

ELIZABETH G. FLORES MAYOR

ATTEST: 1

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM:

BY JAIME L. FLORES CITY ATTORNEY

COUNCIL COMMUNICATION

DATE: SUBJECT: PUBLIC HEARING & INTRODUCTION OF AN ORDINANCE 712 1 lo3 Amending the City of Laredo Code of Ordinances Section 31-2, entitled "Policies and Procedures for Applicants Requesting Water and Sewer Extensions" by setting new policies and procedures to calculate the pro-rata share for reimbursement based on the line capacity; Deleting references to Appendix I, "Calculating Pro-Rata Charges" and moving and amending said calculations to newly created subsection VI; providing for publication and an effective date.

INITIATED BY: STAFF SOURCE: Larry Dovalina, City Manager Heberto L. Ramirez, Director Utilities Ded. PREVIOUS COUNCIL ACTION: N/A

BACKGROUND: The Utilities Department wishes to amend the Water and Sewer Extension Policies of the City of Laredo by setting new procedures to calculate the pro-rata share for reimbursement based on the line capacity. The policies and procedures will continue to provide for assessments for such extensions, providing for reimbursement of applicants in certain circumstances when subsequent property owners other than the applicant benefit from such extension; and by continuing to designate a fifteen (1 5) year limit on such opportunity for reimbursement. Appendix I had been previously approved by City Council but was never published in the Code of Ordinances. To assure its codification, staff is changing it from an appendix to a new subsection (VI) of section 3 1-2, for the convenience of the reader.

FINANCIAL IMPACT: NIA

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA Approval of Ordinance AN ORDINANCE

AMENDING CITY OF LAREDO CODE OF ORDINANCES SECTION 3 1-2, ENTITLED 'TOLICIES AND PROCEDURES FOR APPLICANTS REQUESTING WATER AND SEWER EXTENSIONS" BY SETTING NEW POLICIES AND PROCEDURES TO CALCULATE THE PRO- RATA SHARE FOR REIMBURSEMENT BASED ON THE LINE CAPACITY; DELETING REFERENCES TO APPENDIX I, "CALCULATING PRO-RATA CHARGES" AND MOVING AND AMENDING SAID CALCULATIONS TO NEWLY CREATED SUBSECTION VI; PROVlDING FOR PUBLICATION AND AN EFFECTIVE DATE.

WHEREAS, Section 6.10 (B) of the City Charter provides that the cost of utility expansion must be made by those requesting expansion and that the City Council will not obligate any citizen by adjusting the utility rate to defi-ay cost; and

WHEREAS, through Ordinance No. 86-0-16, City Council adopted policies and procedures for reimbursement of applicants for extension of water and/or sewer services, in those circumstances where the cost of such extension by applicant should be partially shared by subsequent beneficiaries of such extension; and

WHEREAS, the City Council deems it necessary and appropriate to amend said policies and procedures by deleting references to Appendix I and moving it to new subsection VI, Calculating Pro-Rata Charges, and amending said calculations in order to calculate the pro-rata share for reimbursement based on the line capacity.

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

Section 1. Amendment. The City of Laredo Codes of Ordinances, Section 3 1-2, entitled 'Tolicies and Procedures for Applicants Requesting Water and Sewer Extensions'' be amended as follows:

Sec. 31-2. Policies and procedures for applicants requesting water and sewer extensions.

I. Applicable Provisions of the Subdivision Ordinance:

As to this section, reference is made to the provisions of the Subdivision Ordinance of January 17, 1984 [appendix B], where applicable.

II. Inside the City Limits, Water and Sewer Line Assessments Pursuant to Authority of Local Government Code, 8402.063: . . M43e (a) (1) This policy shall apply to those residential blocks where at least three (3) 1 property owners or fifty (50) percent of the owners per block sign a petition for assessment obligating themselves to the terms of this policy.

(2) Where it can be ascertained that the subdivision of land into residential lots occurred at least ten (10) years prior to the assessment date.

(3) After the City Council etyemmd has determined at a public hearing of which all potentially affected property owners have been notified by letter, that it is in the best interest of the general community that such improvements be made and that the costs of such improvements will increase the value of affected properties by a like or greater amount.

(b) Under the above conditions, the following policy shall apply:

(1) The city C& shall determine the location and specifications for all improvements proposed.

(2) Up to ninety (90) percent of the material and labor costs associated with such improvements shall be borne by those property owners whose property fronts on proposed improvements.

(3) The cost of the improvements shall be assessed on a front-foot charge applied equally to all owners whose properties front the improvements.

(4) The cost of the improvements shall be paid over a three-year period at a rate of interest of eight (8) percent or the rate of the last bond sale. In cases of ascertained financial hardship, the city may extend the assessment amortization to five (5) years.

(5) The &y &shall assume the cost for all off-site improvements, and for those improvements which "side" or "back" onto residential property, where such residential property already has the utility service being assessed.

l3I. Inside the City Limits, Front-Foot Charge for Extensions:

(a) This policy shall apply within the city limits and for street extensions into areas not now served where the street involved is established and a few lots are without service.

(b) This policy applies to all lines installed after June 1, 1985, in existing platted street and easements unless the extension is being paid for by the Community Development Block Grant Program.

(c) The amount to be charged on a fi-ont-foot basis shall be determined by the city eemeil City Council on a project-by-project basis. (d) Payment will be made to the ..."'-r Utilities Deuartment at 1 the time its tap is requested. In some instances, where deemed appropriate by the ety &Citv Council, payment may be made by monthly payments over a period up to three (3) years with eight (8) percent interest. Water and/or sewer service disconnection shall be made in the event of failure to make timely monthly payments.

(e)It shall be the responsibility of the Utilities Department to collect payments for all lines installed aRer June 1, 1985, by the city, except for those paid for by the Community Development Block Grant Program.

IV. Inside and Outside the City Limits, Extension of Water Main and Procedures for Reimbursement of Applicant for Water Extension in Certain Circumstances.

(a) Water mains may be extended inside the city limits or outside the city limits and within the city's extraterritorial jurisdiction (except for outside the CCN).

(b) Extensions of water mains involving requested reimbursement shall be made on written application in the following manner.

(1) All mains, lines, fire hydrants, gate valves, and other necessary fittings shall be hrnished and installed at the cost of the applicant, under the direction of the eityC& according to plans and specifications approved by the q&we~ City Engineer and Utilities Director prior to construction.

(2) The pipe diameter of any main to be extended shall be &ymgke based upon the table shown in subsection VI and approved bv the Utilities Director and City Engineer.* &main for which reimbursement is to be considered must be at least Mtwelve (12) inches in diameter, be able to serve peak hourly demands, to assure a minimum flow of five hundred (500) gallons per minute for firefighting purposes for residential use (1 500 gallons per minute for industrial), and have appropriately placed fire hydrants.

(3) No extension shall be laid except in a dedicated street, public road or approved and recorded easement. Each extension shall terminate with a main line valve and fire hydrant and/or where feasible, provide a loop or connection to another water main. All costs of necessary easements and right-of-way shall be borne by the applicant, and shall be secured in the name of the city C&.

(4) The City shall be provided payment or water rights for the area or areas to be served as required by the &yk City's water availability requirements set forth in section 3 1-92(b).

(5) Such mains, lines, fire hydrants, gate valves, and easements shall become the property of the city Citv immediately upon installation and approval. (6) The applicant shall not resell water to others or deliver water to others than the party or parties specified in the initial application for service.

(7) The applicant making such extension shall be entitled to reimbursement of up to but not to exceed the difference between the developer's total cost and his pro rata share, including engineering fees, materials and installation, from the point of the connection to an existing main to the applicant's property&t&wt

(8) The cost of benefiting property owners other than the applicant is to be determined in the following manner:

a. Preliminarily, the applicant shall visit with the Utilities Director dkeetwd- and the Citv Engineer outline the proposed extension in enough detail so that the Utilities Director &ee& and & Engineer et@x-x~can advise the applicant of the feasibility of the extension, and review with the applicant the extension policy and any on-going engineering studies that might impact upon the proposed extension. At this time, the size of the extension will be reviewed. Pipe size shall be determined based upon the table in subsection VI If the eky C& requests additional pipe size, the difference in cost between the size required for the applicant and the size required by the C& shall be included in the calculations for reimbursement unless the ety & makes other arrangements to pay for such oversize. However, the extension shall have excess capacity available to serve other acreage other than the applicant's acreage to be considered for reimbursement.

b. The applicant shall submit to the Utilities Director &e&m and the &yegke~City Engineer at least three (3) complete sets of engineering drawings of the proposed extension with specifications and a preliminary cost estimate. The applicant will be advised as to what the city staff will recommend as to hture reimbursements. The staff recommendation will be submitted to the &y dCity Council within thirty (30) days of the date of the completed and approved submission with a proposed reimbursement contract. For the applicant to receive any reimbursement, the reimbursement contract must be executed prior to completion of construction and acceptance by city &.

c. A pro rata charge will be collected from each property when utilities are made available and the property has received final plat approval. The charge will be calculated based upon the total construction amount including engineering fees. materials and installation divided by the capacity of the line proposed (gallons per minute) for a unit cost of each gallon per minute !$/gpm). The capacity of the line shall be based upon -p -. -. Aewige The applicant's acreage to be served by the extension will be agreed upon prior to construction of the extension and will be specified in the reimbursement contract. The identification of the service area shall serve as a means to reserve the capacity proposed by the applicant for the life of the contract. Any section of the applicant's acreage left un-platted after the end of the contract will not be entitled to reserved capacity by the City.

d. The ety & may connect hture customers to the water extension provided that there is sufficient capacity on the line, the owner of the tract subject to the pro rata charge under the reimbursement formula has paid the pro rata charge at time of platting of such tract and provided that the customer has paid the tapping fee.

e. Any customer not contributing the pro rata charge at the time of installation of the water extension who requests service at a later date must pay the pro rata charge in full, plus an administration fee of one hundred dollars ($100.00) per plat, -, -, plus the tapping fee and any other applicable fees, before service will be installed. The administration fee and the tap fee shall be retained by the &.

f. Any condition not covered by these regulations or of such a nature that would result in an inequitable pro rata charge to any customer will be considered by the atycmmd City Council for possible inclusion in the reimbursement contract.

(9) Upon completion of any such extension, the applicant shall hrnish the Utilities Director dkeetcw and City Engineer satisfactory evidence as to the actual (as-built) costs. The amount of such cost and the date of completion and acceptance as determined by the Utilities Director and &ymgimm City Engineer at the time of acceptance shall be conclusive for the purpose of reimbursement.

(10) For each 3/4" connection made to such extension by an individual user of water for a single-family dwelling (as distinguished from a connection by an owner or developer of an addition or subdivision, an apartment project, multiunit dwelling project or commercial uses of any type), the individual user so connecting shall in addition to the water availability charge, connection charge and any other charges due pay one hundred dollars ($100.00) for each connection as an extension charge.

(1 1) For each connection by an appIicant or developer (other than the original applicant) of an addition or subdivision, an apartment project, multiunit dwelling project, or a commercial user of any type, the party making such connection shall, in addition to the connection charge or tap fee, water availability charge and any other charge due, pay to the e&y & an extension charge based on a capacity point system according to the J size of the line as shown on the table in subsection VI. a'=%e.m

(12) Extension payments received shall be refunded to the applicant up to the amount of the reimbursable costs as above set out. Such refund shall be limited to payments received by the e&y C& within fifteen (1 5) years from the date of completion of the extension.

The eity C& shall levy a service charge for processing each rehnd. The minimum charge shall be fifty dollars ($50.00) and may be adjusted upward by the etyexm4 & Council as a condition of the reimbursement contract because of the complexity of the refund contract, to obtain equity, or for any other reason determined to be appropriate by the etyexm4 City Council. The charge will be deducted from the refundable amount, which amount will then be mailed to the applicant at the address set forth in the reimbursement contract or to such other name and address as the appIicant or its successors may indicate in the manner set forth in the reimbursement contract.

Should there be more than one (1) person named as applicant for the proposed extension, the reimbursement contract must designate the one (1) person or corporation to act as agent on the applicant's behalf.

RwIn the event there is no claim made for hnds held under a reimbursement contract 1 within fifteen (1 5) years from the date of completion of the extension to which the contract relates or in the event the city cannot ascertain the current name and/or address of the claimant to funds held under a reimbursement contract within fifteen (1 5) years from the date of completion of the extension to which the contract relates, then in either event the memy+hnds held shall be placed in an extension fund for other extensions & the City Utilities budget.

(13) Any applicant requesting to make an extension, from an extension built under the provisions of this extension policy, and which later extension is to be constructed so as to serve property not fronting on or adjacent to the main to which it is connecting, shall be entitled to reimbursement on the same basis as the applicant making the original extension, provided such later applicant shall also be obligated to pay to the && C& the extension charges on the extended main to which he is connecting on the same basis as is provided above and an appropriate reimbursement contract is approved and executed prior to completion of construction.

(14) If in the judgment of the taLaLeraRasewfef Utilities Director dkeeb or eity effffItteer: City Endneer an engineering feasibility study is required prior to considering an extension, it shall be made at the expense of the applicant by his engineer or, if by the city, at a cost agreed to in advance by the parties involved. (15) The etyexm4 City Council reserves the right to refuse water service to any applicant if, in the judgment of the &yeewwl City Council, sufficient capacity is not available, and the judgment of the e&yeemd City Council shall be final.

V. Inside and Outside the City Limits, Extension of Sewer Mains and Procedures for Reimbursement of Applicant for Sewer Extension in Certain Circumstances:

(a) Sewer mains may be extended inside the city limits or outside the city limits and within the city's extraterritorial jurisdiction (,except for outside the CCN).

(b) Extension of sewer mains involving requests for reimbursement shall be made on written application in the following manner:

(1 All mains, lines, lift stations, manholes, cleanouts and other necessary fittings shall be fkrnished and installed at the cost of the applicant, under the direction of the city C& according to plans and specifications approved by the c&ym@wxCity Engineer and Utilities Director prior to construction.

(2) The pipe diameter of any main to be extended shall be based upon the table shown in subsection VI and approved &$em&d by the Utilities Director dk&s and etpqyew City Engineer, but in no event shall a line smaller than eq$&o pesxxmt twelve (12) inches be considered for reimbursement.

(3) No extension shall be laid except in a dedicated street, or public road or approved and recorded easement. Each extension shall terminate with a main line, cleanout or manhole. All cost of necessary easements and rights-of-way shall be borne by the applicant and shall be secured in the name of the e&y w.

(4) Such mains, lines, manholes, etc., and easements shall become the property of the city C& immediately upon installation and approval.

(5) The applicant making such extension shall be entitled to reimbursement of up to but not to exceed the difference between the developer's total cost and his pro rata share, including engineering fees, materials and installation from the point of connection to an existing main to the applicant's property, b&-wt

(6) The cost to benefiting property owners other than the applicant is to be determined in the following manner:

a. Preliminarily, the applicant shall visit with the Utilities Director dkeebx ef and City Engineer and outline the proposed extension in enough detail so that the Utilities Director d-keetm and C& Engineer can advise the applicant of the feasibility of the extension, and review with the applicant the extension policy and any ongoing engineering studies that might impact upon the proposed extension. At this time, the size of the extension will be reviewed. Pipe size shall be determined based won the table in subsection VI. If the &y C& requests additional pipe size depth, the difference in cost between the size required for the applicant and the size required by the e&y C& shall be included in the calculations for reimbursement unless the &y C& makes other arrangements to pay for such oversize or extra depth. However, the extension shall have excess capacity available to serve other acreage other than the applicant's acreage to be considered for reimbursement. b. The applicant shall submit to the Utilities Director cke&ew and City Engineer at least three (3) complete sets of engineering drawings of the proposed extension with specifications and a preliminary cost estimate. The Utilities Director dkeekx and mgkew City Engineer will advise the applicant as to what the city staff will recommend as to fbture reimbursement. The staff recommendation will be submitted to the ekyeemd City Council within thirty (30) days of the date of the completed and approved submission with a proposed reimbursement contract. For the applicant to receive any reimbursement, the reimbursement contract must be executed prior to completion of construction and acceptance by +C&. c. A pro-rata charge will be collected from each property when utilities are made available and the property has received final plat approval. The charge will be calculated based on the total construction cost amounts includinv engineering fees. materials and installation divided by the capacity of the line proposed laallons per minute). The capacity of the line shall be based upon the table shown in subsection VI. rrnnnrrl;nrr.The applicant's acreage to be served by the extension will be agreed upon prior to construction of the extension and will be specified in the reimbursement contract. The identification of the service area shall serve as a means to reserve the capacity ~roposedby the applicant for the life of the contract. Any section of the applicant's acreage left un-platted aRer the end of the contract will not be entitled to reserved capacity by the City. d. The eky C& may connect hture customers to the sewer extension provided that there is sufficient capacity on the line, the owner of the tract subject to the pro rata charge under the reimbursement formula has paid the pro rata charge at time of platting of such tract and provided that the customer has paid the tapping fee. e. Any customer not contributing the pro rata charge at the time of installation of the sewer extension who requests service at a later date must pay the pro rata charge,. in full plus an administration fee of one hundred dollars ($100.00) per plat m,. plus the tapping fee and any other applicable fees, before service will be installed. The administration fee and the tap fee shall be retained by the +C&. f. Any condition not covered by these regulations or of such a nature that would result in an inequitable pro rata charge to any customer will be considered by the e&pmm& City Council for possible inclusion in the reimbursement contract.

(7) Upon completion of any such extension, the applicant shall hrnish the Utilities Director ckee-tw and the Citv Engineer satisfactory evidence as to the actual (as-built) costs and the date of completion and acceptance. The amount of such cost as determined by the Utilities Director dke&w and City Engineer at the time of acceptance shall be conclusive for the purpose of reimbursement.

(8) For each 6" connection made to such extension by an individual provider of sewage for a single-family dwelling (as distinguished from a connection by an owner or developer of an additional or subdivision, an apartment project, multiunit dwelling project or commercial uses of any type), the individual user so connecting shall, in addition to the connection charge and any other applicable charges, pay to the city C& one hundred dollars ($100.00) for each such connection as an extension charge.

(9) For each connection made by an applicant or developer {other than the original of an addition or subdivision, an apartment project, multiunit dwelling project, or a commercial user of any type, the party making such connection shall, in addition to the service charge due and any other applicable charges, pay to the city C& a connection fee based on a capacity point system according to the size of the line I -.--

(10) Extension payments received shall be refbnded to the applicant up to the amount of the reimbursable costs as above set out. Such refbnd shall be limited to payments received by the &y C& within fifteen (15) years from the date of completion of the extension.

The &@ & shall levy a service charge for processing each refund. The minimum charge shall be fifty dollars ($50.00), and may be adjusted upward by the e&pmm& Citv Council as a condition of the reimbursement contract because of the complexity of the refind contract, to obtain equity, or for any other reason determined to be appropriate by the atyxmxA City Council. This charge will be deducted from the refbndable amount, which amount will then be mailed to the applicant at the address set forth in the reimbursement contract or to such other name and address as the applicant or its successor may indicate in the manner set forth in the reimbursement contract.

Should there be more than one (I) person named as applicant for the proposed extension, the reimbursement contract must designate the one (1) person or corporation to act as agent on the applicant's behalf.

In the event there is no claim made for finds held under a reimbursement contract within fifteen (1 5) years fiom the date of completion on the extension to which this contract relates or in the event the city C& cannot ascertain the current name and/or address of ) the claimant to fimds held under a reimbursement contract within Ween (15) years fiom the date of completion of the extension to which the contract relates, then in either event the money held shall be placed in an extension fhd for other extensions in the City Utilities budget.

(1 1) Any applicant requesting to make an extension for an extension built under the provisions of this extension policy and which later is to be constructed so as to serve property not fronting on or adjacent to the main to which it is connecting shall be entitled to reimbursement on the same basis as to the applicant making the original extension, provided such later applicant shall also be obligated to pay to the eky C& the extension charges on the extended main to which he is connecting on the same basis as is provided above, and an appropriate reimbursement contract is approved and executed prior to completion of construction.

(12) If in the judgment of the Utilities Director director or City Engineer an engineering feasibility study is required prior to considering an extension to the system of the +C&, it shall be made at the expense of the applicant by his engineer or, if by the &y-*, at a cost agreed to in advance by the parties involved.

(13) The e&pxwnd City Council reserves the right to rehse sewer service to any applicant if, in the judgment of the e&ywtmdCity Council, sufficient capacity is not availabl-and the judgment of the &y-eemd City Council shall be final.

VI. Calculating Pro Rata Charges.

A c' -Lm u The Pro Rata Extension Charge for each property where utilities become available by installation of a utility extension will be based on a capacity point system a cording to kksize of the line.

For determining the capacity of line applicant must use the following table:

WATER LINE! CAPACITY 30 - Inch Flow Capacity = 12,999 mm 36 - Inch Flow Capacity = 18.77 1 gpm 42 - Inch Flow Capacity = 25,447 mm * Based on a velocity of 6 feet per second

WASTEWATER LINE CAPACITY

Slope (fill 00ft) Capacity of Line (gwml* Diameter of Pipe Min. Max. Min. Flow Max. Flow 8 - Inch 0.33 8.40 311 1533 10 - Inch 0.25 6.23 491 2447 12 - Inch 0.20 4.88 715 3538 15 - Inch 0.15 3.62 1122 5498 18 - Inch 0.11 2.83 1563 7954 21 - Inch 0.09 2.30 2132 10779 24 - Inch 0.08 1.93 2870 14134 27 - Inch 0.06 1.65 3258 17845 30 - Inch .o55 1.43 3903 22155 * Based on TCEQ requirements

The monetary value of each point (gum) is obtained by dividing the total number of points (awm) for the line size into the total cost to the applicant of the line ! extension and each property is then assigned its proportionate amount based on its number of points &om) required to develou.

In making the calculations, the Director of Utilities and City Engineer will determine in advance what capacity the extension is designed for and capable of serving. ] ede&&m+ The total number of connections to be served will then be included in the calculations based on gallons per minute. Any property wanting to connect to the utility extension which as not been included in the calculations will be required to pay a pro rata share based on the number of points for his property times the same cost per point that was used to calculate the share for the other property served or to be served.

Properties that do not front on the utility extension right-of-way, but will be served by the extension, are subject to the pro rata assessment except for any property rewired to constructs a line extension to reach the amlicant's line extension and must extend a line of equal or larger size. I,bzt

uxu. \ Section 2. Publication. That this Ordinance shall be published one time in a local newspaper, pursuant to the City Charter 2.08 (D).

Section 3. Effective Date. That this Ordinance shall become effective at the expiration of thirty (30) days after adoption and after publication, whichever date is later.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on this the day of ,2003.

Elizabeth G. Flores Mayor ATTEST:

Gustavo Guevara City Secretary

APPROVED AS TO FORM: Jaime L. Flores City Attorney

BY: valeria M. Acevedo Assistant City Attorney

COUNCIL COMMUNICATION DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE Authorizing the City Manager to enter into a contract with the United 7/21/2003 Independent School District, and amend the City of Laredo FY 2002-2003 annual budget by appropriating revenues and expenditures in the amount of $1 9,950 for the Immunization Program of the City of Laredo Health Department for the period beginning April 1,2003, through August 3 1,2003. INITIATED IY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Asst. City Manager Health Director PREVIOUS COUNCIL ACTION: None BACKGROUND:

The United Independent School District would like to enter into an agreement with the City of Laredo Health Department for the administration of the Hepatitis B vaccine series to District zmployees. Each employee will receive three-vaccinations to complete the series. Each series will cost the District $105/employee that will be paid to the City of Laredo Health Department.

Administration of the vaccination will be on as needed basis and the District will submit a list of the employees to the Health Department. It is anticipated that 190 employees will receive this vaccination series.

The City of Laredo Health Department will recover the costs of labor and materials for administering Hepatitis B vaccination.

SEE BUDGET ON NEXT PAGE

FINANCIAL: The City of Laredo Health Department will receive funds not to exceed $1 9,950 as reimbursement for the administration of the Hepatitis B vaccine to the United Independent School District employees. This amount will be budgeted in the following line items: 226-2922- 542-2030 in the amount of $14,250; 226-2922-543-5517 in the amount of $2,850; and $2,850 to account 226-6086-543-5517. The revenue accounts will be 226-0000-376-0103 in the amount of $5,700, and 226-0000-373-2028 in the amount of $14,250. RECOMMENDATION: STAFF: Recommends that Council introduce ordinance. APPROVED CATEGORIES BUD. CHANGE REVISED BUDGET REVENUES PROGRAM INCOME (RESERVE) Acct # 226-0000-376-01 03 $ 0 5.700 5.700 - Acct. # 226-0000-373-2028 53 1 14,250 14,781 TOTAL $ 531 19,950 19,950

, CATEGORIES APPROVED BUD. CHANGE REVISED BUDGET I I 1 I EXPENSES 226-2922

PERSONNEL $ 103,503 0 103,503 FRINGE BENEFITS 32,488 0 32,488 TRAVEL 1,231 0 1,231 EQUIPMENT 0 SUPPLIES 43,951 14,250 58,201 CONTRACTUAL 12,193 2,850 15,043 OTHER 0 0 0 RESERVE (PROGRAM INC ) 19,750 17,100 36,850 SUB-TOTAL $ 193,366 17,100 210,466

- - - . - - -

TOTAL $ 193,366 17,100

APPROVED .CATERGORIES BUDGET CHANGE REVISED BUDGET EXPENSES 226-6086 PERSONNEL $ 125.054 0 98 464

~ ~- FRINGE BENEFITS 28,460 0 25,652 TRAVEL 982 0 2,151 EQUIPMENT 0 0 0

SUB-TOTAL PROJECT COSTS I$ I 2.850/1 250,830 ORDINANCE

AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE UNITED INDEPENDENT SCHOOL DISTRICT, AND AMEND THE CITY OF LAREDO FY 2002-2003 ANNUAL BUDGET BY APPROPRIATING REVENUES AND EXPENDITURES IN THE AMOUNT OF $19,950 FOR THE IMMUNIZATION PROGRAM OF THE CITY OF LAREDO HEALTH DEPARTMENT FOR THE PERIOD BEGINNING APRIL 1, 2003, THROUGH AUGUST 31,2003.

WHEREAS, the United Independent School District would like to enter into an agreement with the City of Laredo Health Department for the administration of the Hepatitis B vaccine series to District employees. Each employee will receive three- vaccinations to complete the series. Each series will cost the District $105/employee that will be paid to the City of Laredo Health Department; and

WHEREAS, the administration of the vaccination will be on as needed basis and the District will submit a list of the employees to the Health Department. It is anticipated that 190 employees will receive this vaccination series; and

WHEREAS, the City of Laredo Health Department will recover the costs of labor and materials for administering Hepatitis B vaccination.

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

Section 1: The City Manager is hereby authorized to execute the contract and accept the provisions as set forth by the contract with the United Independent School District.

Section 2: The City of Laredo will be reimbursed the amount not to exceed $19,950 for the administration of the Hepatitis B vaccine to the UISD employees.

Section 3: Revenue line items 226-0000-376-0103 will be increased by $5,700, and 226-0000-373-2028 will be increased by $14,250.

Section 4: Expenditure line item 226-2922 will increase from $193,366 to $210,466; and 226-6086 will increase from $287,260 to $290,110. Section 5: The City Manager is hereby authorized to amend the budget and to make transfers within the budget as allowable 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 ,2003.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

CITY ATTORNEY

--COUNCIL COMMUNICATION DATE: SUBJECT: Amending the City of Laredo FY 2002-2003 annual budget by decreasing 17/21/2003 revenues and expenditures in the amount of $88,000 from the "Mosquito Abatement Project" of the City of Laredo Health Department for a two-year project period which began September 1,2001, through August 3 1, 2003.

[NITIATED IY: STAFF SOURCE: 2ynthia Collazo Hector F. Gonzalez, M.D., M.P.H. 4sst. City Manager Health Director PREVIOUS COUNCIL ACTION: On July 23,2001, Council approved Ordinance No. 2001- 3-147 for the "Mosquito Abatement Project" of the City of Laredo Health Department in the 3mount of $400,000 for the period beginning September 1,2001, through August 3 1,2003.

BACKGROUND:

The Texas Department of Health has contracted with the City of Laredo to provide public health services to residents of Laredo and Webb County through the City of Laredo Health Department.

The Mosquito Abatement Project is a mosquito-borne disease prevention program for Laredo and Webb County. It includes a surveillance/display data system; media campaign to educate the ;ommunity about diseases carried and transmitted by mosquitoes, mosquito elimination through source reduction; community forums to identify problems and solutions, and community sponsored events to conduct prevention activities.

The surveillance system includes 40 mosquito light traps placed in strategic locations throughout the city and the county. Two computers are used to maintain records, data and research with Internet access. Disease prevention and epidemiology has been integrated and has focused on mosquito-borne disease prevention. The media campaign includes ratio, television and newspaper advisory for the populace. The source reduction program is an incentive program to clean-up the citylcounty of mosquito breeding containers, where residents are paid a nominal fee for certain items turned-in to the landfill. Several community-wide forums have been held throughout the citylcounty area. The community-sponsored events include mosquito abatement classes offered in public and private schools, churches, and other organizations.

The project includes three full-time positions: 2-Laboratory Technicians and 1-Medical Office Assistant.

The decrease in funds for this project is due to the interest income shortfall of the Innovation Grant resulting in a 22% budget reduction.

SEE BUDGET ON NEXT PAGE

FINANCIAL: The City of Laredo will decrease funds in the amount of $88,000 from the Texas Department of Health for the City of Laredo Health Department's Mosquito Abatement Project for a two-year period beginning September 1, 2001, through August 3 1, 2003. The revenue account is 226-0000-323-4086 and the expense account is 226-6060. RECOMMENDATION: I STAFF: Recommends that Council introduce ordinance. BUDGET

DESCRIPTION CURRENTBUD ' CHANGE WISED BUD PERSONNEL a, 133,060 $1 -28,551 i$~ 104,509 I 43,0481FMNGES -6,1351 36,913

l1 EQUIPMENT 51,124~ 1 -8,2231 42,901 , I OTHER I 80,775 -9,3101 71,465 ITUI'AL DIRECT CHGS 1 $ ' 386,694 1 $ 1

TOTAL ORDINANCE

AMENDING THE CITY OF LAREDO FY 2002-2003 ANNUAL BUDGET BY DECREASING REVENUES AND EXPENDITURES IN THE AMOUNT OF $88,000 FROM THE "MOSQUITO ABATEMENT PROJECT" OF THE CITY OF LAREDO HEALTH DEPARTMENT FOR A TWO-YEAR PROJECT PERIOD WHICH BEGAN SEPTEMBER 1,2001, THROUGH AUGUST 31,2003.

WHEREAS, the Texas Department of Health (TDH) contracted with the City of Laredo to provide public health services to residents of Laredo and Webb County through the City of Laredo Health Department, and

WHEREAS, the Mosquito Abatement Project is a mosquito-borne disease prevention program for Laredo and Webb County. It includes a surveillanceldisplay data system; media campaign to educate the community about diseases carried and transmitted by mosquitoes, mosquito elimination through source reduction; community forums to identify problems and solutions, and, community sponsored events to conduct prevention activities.

WHEREAS, the surveillance system includes 40 mosquito light traps placed in strategic locations throughout the city and the county. Two computers will be used to maintain records, data and research with Internet access. Disease prevention and epidemiology was integrated and focuses on mosquito-borne disease prevention. The media campaign includes ratio, television and newspaper advisory for the populace. The source reduction program is an incentive program to clean-up the citylcounty of mosquito breeding containers, where residents are paid a nominal fee for certain items turned-in to the landfill. Several community-wide forums have ben held throughout the citylcounty area. The community-sponsored events include mosquito abatement classes to be offered in public and private schools, churches, and other organizations, and

WHEREAS, the project has three full-time positions: 2 Laboratory Technicians and 1 Medical Office Assistant; and

WHEREAS, the decrease in funds for this project is due to the interest income shortfall of the Innovation Grant resulting in a 22% budget reduction.

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The City Manager is hereby authorized to make transfers and amendments withthe budget to meet the necessary costs to accomplish the scope of work fortthe project .

Section 2: Revenue line item 226-0000-323-4086 funded by the Texas Department of Health be decreased from $400,000 to $3 12,000.

Section 3: Expenditure line item 226-6060 be decreased from $400,000 to $3 12,000.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR

ON THlS DAY OF 9 2003.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM:

CITY ATTORNEY

COUNCIL COMMUNICATION DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE Amending the City of Laredo FY 2002-2003 annual budget by appropriating 07/21/2003 funds in the amount of $70,000 from the Texas Commission on Environmental Quality (TCEQ - formerly TNRCC) to continue the operation of the two continuous air monitoring stations (CAMS) by the City of Laredo Health Department, for the contract period beginning September 1, 2003, through August 3 1,2004. , INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Asst. City Manager Health Director PREVIOUS COUNCIL ACTION: On October 7,2002, Council approved Ordinance 2002-0- 254 for the TCEQ (formerly TNRCC) to continue the operation of the two continuous air monitoring stations (CAMS) by the City of Laredo Health Department for the period beginning September 1,2001, through August 3 1,2003. BACKGROUND:

The Texas Commission on Environmental Quality (TCEQ - formerly TNRCC) has contracted with the City of Laredo to provide two continuous air monitoring stations (CAMS) which will be operated by the City of Laredo Health Department. One of the CAMS is located at Laredo Community College on the northeast side of the campus, and the second CAMS is located at the Juarez-Lincoln International Bridge #2.

The TCEQ will provide funds in the amount of $70,000 for in additional funds the term of the contract, to reimburse the City of Laredo for the operation of the three CAMS stations.

The City of Laredo Health Department has operated the stations with one full-time sanitarian capable of operating and performing maintenance on meteorological hardware and electronic components. This sanitarian has been trained by the TCEQ and has been monitoring the site at regularly scheduled intervals, maintaining the equipment and providing other emergency maintenance as needed for the past six years. The TCEQ monitors the station data output on a continuous basis via telephone modem.

(CONTINUED ON NEXT PAGE)

FINANCIAL: The City of Laredo will receive $70,000 in additional funds from the Texas Commission on Environmental Quality for the City of Laredo Health Department. The revenue account for this project is 226-0000-323-1 103, and the expenditure account number is 226-721 8.

RECOMMENDATION: STAFF: Recommends that Council introduce ordinance. CONTINUED FROM PREVIOUS PAGE

The purpose of the continuous air monitoring stations is to provide valuable base line information and data regarding the air quality in this area.

BUDGET

CATEGORIES APPROVED BUD. REVESUES

GRANT REVENUE $ 70,000 PROGRAM INCOME 0

EXPENSES I

FRINGE BENEFITS 10,890 TRAVEL 3,602 EQUIPMENT 0 SUPPLIES 5,600 CONTRACTUAL 0 OTHER 3,600

SUB-TOTAL $ 70,000 INDIRECT CHARGES 0

I I TOTAL $ 70,000 ORDINANCE

AMENDING THE CITY OF LAREDO FY 2002-2003 ANNUAL BUDGET BY APPROPRIATING FUNDS IN THE AMOUNT OF $70,000 FROM THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ - FORMERLY TNRCC) TO CONTINUE THE OPERATION OF THE TWO CONTINUOUS AIR MONITORING STATIONS (CAMS) BY THE CITY OF LAREDO HEALTH DEPARTMENT FOR THE PERIOD BEGINNING SEPTEMBER 1, 2003, THROUGH AUGUST 31,2004.

WHEREAS, the Texas Commission on Environmental Quality (TCEQ - formerly TNRCC) has contracted with the City of Laredo to provide two continuous air monitoring stations (CAMS) which will be operated by the City of Laredo Health Department. One of the CAMS is located at Laredo Community College on the northeast side of the campus, and the second CAMS is located at the Juarez-Lincoln International Bridge #2; and

WHEREAS, the TCEQ will provide funds in the amount of $70,000 in additional funds for the term of the contract, to reimburse the City of Laredo for the operation of the three CAMS stations; and

WHEREAS, the City of Laredo Health Department has operated the stations with one full-time sanitarian capable of operating and performing maintenance on meteorological hardware and electronic components. This sanitarian has been trained by the TCEQ and has been monitoring the site at regularly scheduled intervals, maintaining the equipment and providing other emergency maintenance as needed for the past six years. The TCEQ monitors the station data output on a continuous basis via telephone modem.

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

Section 1: The City Manager is hereby authorized to execute the contract and accept the grants and their provisions as set forth by the Texas Commission on Environmental Quality.

Section 2: The City of Laredo accepts funds in the amount of $70,000 in additional funds from the Texas Commission on Environmental Quality for the operation of the two CAMS stations for the period of September 1, 2003, through August 3 1,2004. Section 3: Revenue line item 226-0000-323-1103 funded by the Texas Natural Resource Conservation Commission is hereby increased from $0 to $70,000.

Section 4: Expenditure line item 226-721 8 is hereby increased from $0 to $70,000.

Section 5: The City Manager is hereby authorized to make transfers within the budget as allowable under the General Provisions of the existing general contract with the TCEQ 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 ,2003.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

CITY ATTORNEY

COUNCIL COMMUNICATION

DATE: SUBJECT: Public Hearing and Introductory Ordinance Amending the FY 2002-2003 Annual Operating Budget in the Fire Prevention and Arson Fund Budget by accepting a donation of $500.00 from Wal-Mart 712 1 I03 Stores and appropriating said funds for the purpose to purchase Fire Safety Educational Promotional Materials for the Fire Prevention Division.

INITIATED BY: I STAFF SOURCE: Larry Dovalina, Luis F. Sosa, Jr., City Manager Fire Chief

PREVIOUS COUNCIL ACTION: None.

BACKGROUND:

The Laredo Fire Department's Fire Prevention Division teaches Fire Safety Education courses throughout the community year round. Wal-Mart Stores has been supportive in providing funding to assure training materials are available to assist the Fire Prevention Division in keeping Laredo a safe Community.

FINANCIAL IMPACT: Fire Prevention and Arson Fund:

Account Name: Account umber Budnet Amendment Donations 101-0000-372-1 000 $20,900 $500

Promotional Materials 101-2425-522-3200 $510 $500

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Staff NIA recommends that this Ordinance be adopted by City Council. Introductory Ordinance

Amending the FY 2002-2003 Annual Operating Budget in the Fire Prevention and Arson Fund Budget by accepting a donation of $500.00 from Wal-Mart Stores and appropriating said funds for the purpose to purchase Fire Safety Educational 1 Promotional Materials for the Fire Prevention Division Whereas, the $500.00 will be used to purchase educational materials for the Laredo Fire Department Fire Prevention Division.

Whereas, Wal-Mart Stores has offered to donate $500.00 to the Laredo Fire Department's Fire Prevention Division. Wal-Mart Stores has been supportive in providing funding to assure training materials are available to assist the Fire Prevention Division in keeping Laredo a safe community.

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

Section 1: The City Manager is hereby authorized to accept the donation of $500.00 from the Wal-Mart Stores.

Section 2: Accepting the donation of $500.00 is to be used for Fire Prevention Promotional Materials for the Fire Prevention Division.

Section 3: The FY 2002-2003 Annual Operating Budget is hereby amended as follows:

Amended Account Name: Account Number Bud~et Amendment Budget ! Donations 101-0000-372-1000 $20,900 $500 $21,400

Promotional Materials 101-2425-522-3200 $51 0 $500 $1,010

PASSED BY THE ClTY COUNCIL AND APPROVED BY THE MAYOR ON THIS, DAY OF JULY, 2003.

ELIZABETHG. FLORES, MAYOR

ATTEST:

GUSTAVO GUEVARA, JR., ClTY SECRETARY

ClTY ATTORNEY

GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS 1

A. Request by Mayor Pro-Tempore Alfredo Agredano 1. Status report on the Cielito Lindo Fire Station to include: land, building and personnel.

B. Request by Council Member John C. Galo 1. Discussion on the current Zoning and Conditional Use Permit ordinance with suggestions to amend such ordinances.

2. Status report on open records requests complaints, with possible action.

C. Request by Council Member Gene Belmares 1. Discussion with possible action regarding traffic safety concerns at the intersection of International and Augusta Loop.

2. Status report regarding traffic issues related to the construction at the intersection of Loop 20 and McPherson.

D. Request by Council Member Jose A. Valdez, Jr. 1. Discussion with possible action regarding the installation of an area light at the 700 block of Antelope Lane.

2. Discussion with possible action regarding the implementation of a pilot program to install raised platform type traffic calming devices.

COUNCIL COMMUNICATION

SUBJECT: INTRODUCTORY ORDINANCE AUTHORIZING THE ClTY MANAGER TO GRANT A LICENSE TO AT&T CORP., A NEW YORK CORPORATION FOR THE USE OF A TELECOMMUNICATIONS PVC CONDUIT LOCATED AT THE JUAREZ- LINCOLN INTERNATIONAL BRIDGE AND THE USE OF 555.5 LINEAR FEET OF ClTY RIGHT OF WAY FROM THE RIVER BANK TO THE 500 BLOCK OF ITURBIDE STREET, LAREDO, WEBB COUNTY, TEXAS. LICENSE TERM IS FlVE (5) YEARS COMMENCING ON AUGUST 4, 2003 AND ENDING AUGUST 3, 2008. ANNUAL RENT SHALL START AT $7,600.00 WITH A FlVE PERCENT (5%) INCREASE EACH ANNIVERSARY DATE PLUS $5.00 PER LINEAL FOOT PER YEAR FOR THE USE OF THE RIGHT OF WAY; PROVIDING FOR EFFECTIVE DATE. NlTlATED BY: I STAFF SOURCE: -arry Dovalina, City Manager Larry Dovalina, City Manager

I ?REVIOUS COUNCIL ACTION: None

BACKGROUND:

3n September 15, 1997, AT&T Corp, a New York Corporation, was granted a five year license for the use of a telecommunications PVC conduit located at the Juarez-Lincoln International Bridge and the use of 555.5 linear feet of city right of way. Said license expired September 14, 2002 and has been operating on hold over status. A new license agreement has been agreed upon by the City of Laredo and AT&T. The starting rent has been increased by 25% from the last rent amount paid in the amount of $0.00. The right of way fee has been increased from $4.00 to $5.00 per linear foot.

The Telecommunications Commission at its October 9, 2002 meeting approved a recommendation to forward to City Council for final approval.

FINANCIAL IMPACT: The city will receive an annual rent of $7,600.00 with a 5% increase each succeeding year plus $2,777.50 per year for the use of the right of way. Funds will be deposited to General Fund-Telecommunications License line item 101-OOOO-3ll-lO6O.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: The Telecommunications Commission Staff concurs with the recommendation of the recommends approval. Telecommunications Commission. ORDINANCE

8AUTHORIZING THE CITY MANAGER TO GRANT A LICENSE TO AT&T CORP., A NEW YOR CORPORATIO, FOR THE USE OF A TELECOMMUNICATIONS PVC CONDUIT LOCATED AT THE JUAREZ-LINCOLN INTERNATIONAL BRIDGE AND THE USE OF 555.5 LINEAR FEET OF CITY RIGHT OF WAY FROM THE RIVER BANK TO THE 500 BLOCK OF ITURBIDE STREET, LAREDO, WEBB COUNTY, TEXAS.

1. LICENSE TERM IS FIVE (5) YEARS COMMENCING ON AUGUST 4, 2003 AND ENDING AUGUST 3,2008. 2. ANNUAL RENT SHALL START AT $7,600.00 WITH A FIVE PERCENT (5%) INCREASE EACH ANNIVERSARY DATE PLUS $5.00 PER LINEAR FOOT PER YEAR FOR THE USE OF THE RIGHT OF WAY; PROVIDING FOR EFFECTIVE DATE.

WHEREAS, the Telecommunications Commission recommends that the City Council approve the license between the City of Laredo, as LESSOR and AT&T CORP, a New York Corporation, as LESSEE, for the use of the Telecommunications PVC conduit located at the Juarez-Lincoln International Bridge and 555.5 linear feet of right of way from the river bank to the 500 block of Iturbide Street in furtherance of the development of the City of Laredo Telecommunications infrastructure.

WHEREAS, the Telecommunications Commission finds that said license is in the best interest of the City of Laredo and,

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

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

SECTION 1. The City Manager be and is hereby authorized to grant a license to AT&T Corp., A New York Corporation, for the use of a PVC conduit located at the Juarez-Lincoln International Bridge and 555.5 linear feet of right of way from the river bank to the 500 block of Iturbide Street, Laredo, Webb County, Texas, a copy of which license is attached hereto as Exhibit "A" and incorporated herein as if set out at length for all intents and purposes.

SECTION 2. This ordinance shall become effective upon the passage hereof. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE 21STDAY OF JULY 2003.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM:

JAIME L. FLORES CITY ATTORNEY

BY: ALLAN W. MCGRAW ASSISTANT CITY ATTORNEY

~UBJECT:INTRODUCTION OF AN ORDINANCE Manager to execute a Rental Car Agency Concession and YE:'-2 1-03 Agreement with Coastal Bend Rent a Car, Inc. dba Avis Rent a Car for 133 square feet of office and counter space located in car and 19 parking spaces located at 5210 Bob Bullock Loop at the Laredo International Airport. Lease term is for three (3) years commencing on July 1, 2003 and ending on June 30, 2006. Monthly rent shall be $4,583.33 or six (6%) percent of gross sales, whichever is greater; providing for an effective date. NlTlATED BY: Cynthia Collazo STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Director

>REVIOUSACTION: City Council approved a previous lease agreement with Coastal Bend ient a Car. Inc., dba Avis Rent a Car. 3ACKGROUND: On June 18, 2003, proposals were received from interested parties for the )peration of five (5) Rental Car Agency Concession and Lease Agreements at the airport Iassenger terminal. Proposals were received for five locations from six different car rental gencies. Consideration of award of the five locations is based on the five highest offers with espect to the Minimum Annual Guarantee (MAG) as required in accordance with the bid ;pecifications which is $33,420.00 or six percent (6%) of the annual gross sales derived from the )peration of the leased premises, whichever is greater.

=allowing is a bid tabulation of respondents for the five car rental agency locations within the ~irportpassenger terminal:

3ar Rental Anencv Proposed MAG Required MAG Variance Interprise Rent-a-Car $62,400.00 $33,420.00 $28,980.00 Advantage Rent-a-Car $60,768.00 $33,420.00 $27,348.00 qational Car Rental $55,802.52 $33,420.00 $22,382.52 Avis Rent-a-Car $55,000.00 $33,420.00 $21,580.00 3udget Rent-a-Car $42,126.00 $33.420.00 $ 8,706.00 rota1 MAG From $276,096.52 $167,100.00 $108,996.52 Top 5 Proposers

Hertz Rent-a-Car $35,000.00 $33,420.00 $ 1,580.00)

:oastal Bend Rent a Car, Inc. dba Avis Rent a Car is a tenant in good standing

'INANCIAL: $3,798.33 Per Month Concession Account No. 242-0000-361-3004 $ 500.00 Per Month Office and Counter Rental Account No.242-0000-361-106C $ 285.00 Per Month Parking Spaces Account No. 242-0000-361-1060 $4,583.33 Total Per Month 2OMMITTEE RECOMMENDATION: The Airport STAFF: Recommend that the City Idvisor-y Committee recommends approval. Manager be authorized to execute a Rental Car Agency Concession and Lease Agreement with Coastal Bend Rent a Car, Inc. dba Avis Rent a Car. AN ORDINANCE

AUTHORIZING THE CITY MANAGER TO EXECUTE A RENTAL CAR AGENCY CONCESSION AND LEASE AGREEMENT WITH COASTAL BEND RENT A CAR, INC. DBA AVIS RENT A CAR FOR THE APPROXIMATE 133 SQUARE FEET OF OFFICE AND COUNTER SPACE LOCATED IN CAR RENTAL SPACE #5 AND 19 PARKING SPACES LOCATED 5210 BOB BULLOCK LOOP AT THE LAREDO INTERNATIONAL AIRPORT; 1. LEASE TERM IS FOR THREE (3) YEARS COMMENCING ON JULY 1, 2003 AND ENDING ON JUNE 30,2006; 2. MONTHLY RENT SHALL BE $4,583.33 OR SIX PERCENT (6%) OF GROSS SALES, WHICHEVER IS GREATER; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Airport Director recommends that the City Council approve the proposed Rental Car Agency Concession and Lease Agreement between the City of Laredo, as LESSOR, and Coastal Bend Rent a Car, Inc. dba Avis Rent a Car, as LESSEE, for approximately 133 square feet of office and counter space located in car rental space #5 and 19 parking spaces located at 52 10 Bob Bullock Loop at the Laredo International Airport, as a contract and in furtherance of the development of the Laredo International Airport and as a support to the maintenance and operation of the Laredo International Airport;

WHEREAS, the Airport Advisory Committee finds that said Rental Car Agency Concession and Lease Agreement are in the best interest of the Airport and recommends that the City Council approve the proposed lease; and

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

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

Section 1: The City Manager be hereby authorized to execute a Rental Car Agency Concession and Lease Agreement with Coastal Bend Rent a Car, Inc. dba Avis Rent a Car for approximately 133 square feet of office and counter space located in car rental space #5 and 19 parking spaces located at 5210 Bob Bullock Loop at the Laredo International Airport, a copy of which lease is attached hereto as Exhibit A, and incorporated herein as if set out at length for all intents and purposes.

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

Page 1 of 2 AN ORDINANCE AUTHORIZING A RENTAL CAR AGENCY CONCESSION AND LEASE AGREEMENT BETWEEN THE CITY OF LAREDO AND COASTAL BEND RENT A CAR, MC. DBA AVIS RENT A CAR

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2003.

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

IDATE: ISUBJECT: INTRODUCTION OF AN ORDINANCE Authorizing the City Manager to execute a Rental Car Agency Concession and 7-2 1-03 Lease Agreement with Laredo Car Rental, Inc. (National Car Rental) for the approximate 165 square feet of office and counter space located in car rental space # 3 and 19 parking spaces located at 5210 Bob Bullock Loop at the Laredo International Airport. Lease term is for three (3) years commencing on July 1, 2003 and ending on June 30, 2006. Monthly rent shall be $4,650.21 or six (6%) percent of gross sales, whichever is greater; providing for an effective date. NlTlATED BY: Cynthia Collazo STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Director

PREVIOUS ACTION: City Council approved a previous lease agreement with Laredo Car Rental, Inc. (National Car Rental). BACKGROUND: On June 18, 2003, proposals were received from interested parties for the operation of five (5) Rental Car Agency Concession and Lease Agreements at the airport passenger terminal. Proposals were received for five locations from six different car rental agencies. Consideration of award of the five locations is based on the five highest offers with respect to the Minimum Annual Guarantee (MAG) as required in accordance with the bid specifications which is $33,420.00 or six percent (6%) of the annual gross sales derived from the operation of the leasad premises, whichever is greater.

Following is a bid tabulation of respondents for the five car rental agency locations within the irport passenger terminal: 1 P Car Rental Agency Proposed MAG Required MAG Variance Enterprise Rent-a-Car $62,400.00 $33,420.00 $28,980.00 Advantage Rent-a-Car $60,768.00 $33,420.00 $27,348.00 National Car Rental $55,802.52 $33,420.00 $22,382.52 Avis Rent-a-Car $55,000.00 $33,420.00 $21,580.00 Budget Rent-a-Car $42,126.00 $33,420.00 $ 8,706.00 Total MAG From $276,096.52 $167,100.00 $108,996.52 Top 5 Proposers

Laredo Car Rental, Inc. (National Car Rental) is a tenant in good standing.

FINANCIAL: $3,865.21 Per Month Concession Account No. 242-0000-361-3004 $ 500.00 Per Month Office and Counter Rental Account No.242-0000-361-1060 $ 285.00 Per Month Parking Spaces Account No. 242-0000-361-1060 $4,650.21 Total Per Month COMMITTEE RECOMMENDATION: The Airport 1 STAFF: Recommend that the City pdvisory Committee recommends approval. Manager be authorized to execute a Rental Car Agency Concession and Lease Agreement with Laredo Car Rental (National Car Rental). AN ORDINANCE

AUTHORIZING THE CITY MANAGER TO EXECUTE A RENTAL CAR AGENCY CONCESSION AND LEASE AGREEMENT WITH LAREDO CAR RENTAL, INC. (NATIONAL CAR RENTAL) FOR THE APPROXIMATE 165 SQUARE FEET OF OFFICE AND COUNTER SPACE LOCATED IN CAR RENTAL SPACE #3 AND 19 PARKING SPACES LOCATED 5210 BOB BULLOCK LOOP AT THE LAREDO INTERNATIONAL AIRPORT; 1. LEASE TERM IS FOR THREE (3) YEARS COMMENCING ON KJLY 1, 2003 AND ENDING ON JUNE 30,2006; 2. MONTHLY RENT SHALL BE $4,650.21 OR SIX PERCENT (6%) OF GROSS SALES, WHICHEVER IS GREATER; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Airport Director recommends that the City Council approve the proposed Rental Car Agency Concession and Lease Agreement between the City of Laredo, as LESSOR, and Laredo Car Rental, Inc. (National Car Rental), as LESSEE, for approximately 165 square feet of office and counter space located in car rental space #3 and 19 parking spaces located at 5210 Bob Bullock Loop at the Laredo International Airport, as a contract and in furtherance of the development of the Laredo International Airport and as a support to the maintenance and operation of the Laredo International Airport;

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

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

Section 1: The City Manager be hereby authorized to execute a Rental Car Agency Concession and Lease Agreement with Laredo Car Rental, Inc. (National Car Renal) for approximately 165 square feet of office and counter space located in car rental space #3 and 19 parking spaces located at 5210 Bob Bullock Loop at the Laredo International Airport, a copy of which lease is attached hereto as Exhibit A, and incorporated herein as if set out at length for all intents and purposes.

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

Page 1 of 2 AN ORDINANCE AUTHORIZING A RENTAL CAR AGENCY CONCESSION AND LEASE AGREEMENT BETWEEN THE CITY OF LAREDO AND LAREDO CAR RENTAL, INC. (NATIONAL CAR RENTAL)

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2003.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY

ASSISTANT CITY ATTORNEY

Page 2 of 2

COUNCIL COMMUNICATION 1 IDATE: ISUBJECT: INTRODUCTION OF AN ORDINANCE to execute a Rental Car Agency Concession and Agreement with Enterprise Rent-A-Car Company of Texas, a Texas for the approximate 171 square feet of office and counter space rental space # 1 and 19 parking spaces located at 5210 Bob at the Laredo International Airport. Lease term is for three (3) on August I,2003 and ending on July 31, 2006. Monthly or six (6%) percent of gross sales, whichever is greater;- broviding for an effective date. INITIATED BY: Cynthia Collazo STAFF SOURCE: Jose L. Flores ~ssistantCity Manager Airport Director

PREVIOUS ACTION: None.

BACKGROUND: On June 18, 2003, proposals were received from interested parties for the operation of five (5) Rental Car Agency Concession and Lease Agreements at the airport passenger terminal. Proposals were received for five locations from six different car rental agencies. Consideration of award of the five locations is based on the five highest offers with respect to the Minimum Annual Guarantee (MAG) required in accordance with the bid specifications which is $33,420.00 or six percent (6%) of the annual gross sales derived from the operation of the leased premises, whichever is greater. I Following is a bid tabulation of respondents for the five car rental agency locations within the airport passenger terminal:

Car Rental Aqency Proposed MAG Required MAG Variance Enterprise Rent-a-Car $62,400.00 $33,420.00 $28,980.00 Advantage Rent-a-Car $60,768.00 $33,420.00 $27,348.00 National Car Rental $55,802.52 $33,420.00 $22,382.52 Avis Rent-a-Car $55,000.00 $33,420.00 $21,580.00 Budget Rent-a-Car $42,126.00 $33,420.00 $ 8,706.00 Total MAG From $276,096.52 $167,100.00 $108,996.52 Top 5 Proposers

(Hertz Rent-a-Car $35,000.00 $33,420.00 $ 1,580.00)

FINANCIAL: $4,415.00 Per Month Concession Account No. 242-0000-361-3004 $ 500.00 Per Month Office and Counter Rental Account No.242-0000-361-106C $ 285.00 Per Month Parking Spaces Account No. 242-0000-361-1060 $5.200.00 Total Per Month OMMITTEE RECOMMENDATION: The Airport STAFF: Recommend that the City dvisory Committee recommends approval. Manager be authorized to execute a Rental Car Agency Concession and Lease Agreement with Enterprise Rent-A-Car Company of Texas. AN ORDINANCE

AUTHORIZING THE CITY MANAGER TO EXECUTE A RENTAL CAR AGENCY CONCESSION AND LEASE AGREEMENT WITH ENTERPRISE RENT-A-CAR COMPANY OF TEXAS, A TEXAS CORPORATION, FOR THE APPROXIMATE 171 SQUARE FEET OF OFFICE AND COUNTER SPACE LOCATED IN CAR RENTAL SPACE #1 AND 19 PARKING SPACES LOCATED 5210 BOB BULLOCK LOOP AT THE LAREDO INTERNATIONAL AIRPORT; 1. LEASE TERM IS FOR THREE (3) YEARS COMMENCING ON AUGUST 1,2003 AND ENDING ON JULY 3 1,2006; 2. MONTHLY RENT SHALL BE $5,200.00 OR SIX PERCENT (6%) OF GROSS SALES, WHICHEVER IS GREATER; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Airport Director recommends that the City Council approve the proposed Rental Car Agency Concession and Lease Agreement between the City of Laredo, as LESSOR, and Enterprise Rent-A-Car Company of Texas, a Texas Corporation, as LESSEE, for approximately 171 square feet of office and counter space located in car rental space #1 and 19 parking spaces located at 52 10 Bob Bullock Loop at the Laredo International Airport, as a contract and in furtherance of the development of the Laredo International Airport and as a support to the maintenance and operation of the Laredo International Airport;

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

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

Section 1: The City Manager be hereby authorized to execute a Rental Car Agency Concession and Lease Agreement with Enterprise Rent-A-Car Company of Texas, a Texas Corporation, for approximately 171 square feet of office and counter space located in car rental space #1 and 19 parking spaces located at 5210 Bob Bullock Loop at the Laredo International Airport, a copy of which lease is attached hereto as Exhibit A, and incorporated herein as if set out at length for all intents and purposes.

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

Page 1 of 2 AN ORDINANCE AUTHORIZING A RENTAL CAR AGENCY CONCESSION AND LEASE AGREEMENT BETWEEN THE CITY OF LAREDO AND ENTERPRISE RENT-A-CAR COMPANY OF TEXAS, A TEXAS CORPORATION

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2003.

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

IDATE: BUBJECT: INTRODUCTION OF AN ORDINANCE to execute a Rental Car Agency Concession and 7-2 1-03 Signs, Inc., d/b/a Budget Rent-A-Car of Laredo approximate 171 square feet of office and counter space located in car # 2 and 19 parking spaces located at 5210 Bob Bullock Loop at Airport. The term of the agreement is for three (3) I,2003 and ending on June 30, 2006. Monthly fee percent of gross sales, whichever is greater; lproviding for an effective date. INITIATED BY: Cynthia Collazo STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Director

PREVIOUS ACTION: City Council approved a previous lease agreement with lnstant Signs, Inc., d/b/a Budget Rent-a-Car. BACKGROUND: On June 18, 2003, proposals were received from interested parties for the operation of five (5) Rental Car Agency Concession and Lease Agreements at the airport passenger terminal. Proposals were received for five locations from six different car rental agencies. Consideration of award of the five locations is based on the five highest affers with respect to the Minimum Annual Guarantee (MAG) as required in accordance with the bid specifications which is $33,420.00 or six percent (6%) of the annual gross sales derived from the operation of the leased premises, whichever is greater.

is a bid tabulation of respondents for the five car rental agency locations within the irport passenger terminal: 1 lcar Rental Am Proposed MAG Required MAG Variance Enterprise Rent-a-Car $62,400.00 $33,420.00 $28,980.00 dvantage Rent-a-Car $60,768.00 $33,420.00 $27,348.00 National Car Rental $55,802.52 $33,420.00 $22,382.52 vis Rent-a-Car $55,000.00 $33,420.00 $21,580.00 Budget Rent-a-Car $42,126.00 $33,420.00 $ 8,706.00 otal MAG From $276,096.52 $1 67,100.00 $108,996.52 FTop 5 Proposers Instant Signs, Inc., d/b/a Budget Rent-A-Car of Laredo is a tenant in good standing.

FINANCIAL: $2,725.50 Per Month Concession Account No. 242-0000-36 1-3004 $ 500.00 Per Month Office and Counter Rental Account No.242-0000-361-1060 $ 285.00 Per Month Parking-. Spaces Account No. 242-0000-361-1060 $3,510.50 Total Per Month COMMITTEE RECOMMENDATION: The Airport I STAFF: Recommend that the City dvisory Committee recommends approval. Manager be authorized to execute a Rental Car Agency Concession and i". Lease Agreement with lnstant Signs, Inc., d/b/a Budget Rent-A-Car. AN ORDINANCE

AUTHORIZING THE CITY MANAGER TO EXECUTE A RENTAL CAR AGENCY CONCESSION AND LEASE AGREEMENT WITH INSTANT SIGNS, INC., D/B/A BUDGET RENT-A-CAR OF LAREDO FOR THE APPROXIMATE 171 SQUARE FEET OF OFFICE AND COUNTER SPACE LOCATED IN CAR RENTAL SPACE #2 AND 19 PARKING SPACES LOCATED 5210 BOB BULLOCK LOOP AT THE LAREDO INTERNATIONAL AIRPORT; 1. LEASE TERM IS FOR THREE (3) YEARS COMMENCING ON JULY 1, 2003 AND ENDING ON JUNE 30,2006; 2. MONTHLY RENT SHALL BE $3,510.50 OR SIX PERCENT (6%) OF GROSS SALES, WHICHEVER IS GREATER; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Airport Director recommends that the City Council approve the proposed Rental Car Agency Concession and Lease Agreement between the City of Laredo, as LESSOR, and Instant Signs, Inc., d/b/a Budget Rent-A-Car of Laredo, as LESSEE, for approximately 171 square feet of office and counter space located in car rental space #2 and 19 parking spaces located at 521 0 Bob Bullock Loop at the Laredo International Airport, as a contract and in furtherance of the development of the Laredo International Airport and as a support to the maintenance and operation of the Laredo International Airport;

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

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

Section 1: The City Manager be hereby authorized to execute a Rental Car Agency Concession and Lease Agreement with Instant Signs, Inc., d/b/a Budget Rent-A-Car of Laredo for approximately 17 1 square feet of office and counter space located in car rental space #2 and 19 parking spaces located at 5210 Bob Bullock Loop at the Laredo International Airport, a copy of which lease is attached hereto as Exhibit A, and incorporated herein as if set out at length for all intents and purposes.

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

Page 1 of 2 AN ORDINANCE AUTHORIZING A RENTAL CAR AGENCY CONCESSION AND LEASE AGREEMENT BETWEEN THE CITY OF LAREDO AND INSTANT SIGNS, INC., D/B/A BUDGET RENT-A-CAR OF LAREDO

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2003.

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

DATE: SUBJECT: INTRODUCTION OF AN ORDINANCE Authorizing the City Manager to execute a Rental Car Agency Concession and 7-2 1-03 Lease Agreement with Southwest-Tex Leasing Co., Inc. dbla Advantage Rent- a-Car for the approximate 165 square feet of office and counter space located in car rental space # 4 and 17 parking spaces located at 521 0 Bob Bullock Loop at the la red^ International Airport. Lease term is for three (3) years commencing on July I,2003 and ending on June 30, 2006. Monthly rent shall be $5,064.00 or six (6%) percent of gross sales, whichever is greater; providing for an effective date. INITIATED BY: Cynthia Collazo STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Director

PREVIOUS ACTION: City Council approved a previous lease agreement with Southwest-Tex Leasing Co., Inc. d/b/a Advantage Rent-a-Car. BACKGROUND: On June 18, 2003, proposals were received from interested parties for the operation of five (5) Rental Car Agency Concession and Lease Agreements at the airport passenger terminal. Proposals were received for five locations from six different car rental agencies. Consideration of award of the five locations is based on the five highest offers with respect to the Minimum Annual Guarantee (MAG) as required in accordance with the bid specifications which is $33,420.00 or six percent (6%) of the annual gross sales derived from the operation of the leased premises, whichever is greater.

, Following is a bid tabulation of respondents for the five car rental agency locations within the airport passenger terminal:

Car Rental Aqencv Proposed MAG Required MAG Variance Enterprise Rent-a-Car $62,400.00 $33,420.00 $28,980.00 Advantage Rent-a-Car $60,768.00 $33,420.00 $27,348.00 National Car Rental $55,802.52 $33,420.00 $22,382.52 Avis Rent-a-Car $55,000.00 $33,420.00 $21,580.00 Budget Rent-a-Car $42,126.00 $33,420.00 $ 8,706.00 Total MAG From $276,096.52 $1 67,100.00 $108,996.52 Top 5 Proposers

I~outhwest- ex Leasing Co., Inc. dlbla Advantage Rent-a-Car. is a tenant in good standing, FINANCIAL: $4,309.00 Per Month Concession Account No. 242-0000-361-3004 $ 500.00 Per Month Office and Counter Rental Account No.242-0000-361-1060 $ 255.00 Per Month Parking Spaces Account No. 242-0000-361-1060 $5,064.00 Total Per Month COMMITTEE RECOMMENDATION: The Airport STAFF: Recommend that the City Advisory Committee recommends approval. Manager be authorized to execute a Rental Car Agency Concession and Lease Agreement with Southwest-Tex Leasing Co., Inc. d/b/a Advantage Rent-a-Car. AN ORDINANCE

AUTHORIZING THE CITY MANAGER TO EXECUTE A RENTAL CAR AGENCY CONCESSION AND LEASE AGREEMENT WITH SOUTHWEST-TEX LEASING CO., INC. D/B/A ADVANTAGE RENT-A-CAR FOR THE APPROXIMATE 165 SQUARE FEET OF OFFICE AND COUNTER SPACE LOCATED IN CAR RENTAL SPACE #4 AND 17 PARKING SPACES LOCATED 5210 BOB BULLOCK LOOP AT THE LAREDO INTERNATIONAL AIRPORT; 1. LEASE TERM IS FOR THREE (3) YEARS COMMENCING ON JULY 1, 2003 AND ENDING ON JUNE 30,2006; 2. MONTHLY RENT SHALL BE $5,064.00 OR SIX PERCENT (6%) OF GROSS SALES, WHICHEVER IS GREATER; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Airport Director recommends that the City Council approve the proposed Rental Car Agency Concession and Lease Agreement between the City of Laredo, as LESSOR, and Southwest-Tex Leasing Co., Inc. d/b/a Advantage Rent-a-Car, as LESSEE, for approximately 165 square feet of office and counter space located in car rental space #4 and 17 parking spaces located at 5210 Bob Bullock J,oop at the Laredo International Airport, as a contract and in furtherance of the development of the Laredo International Airport and as a support to the maintenance and operation of the Laredo I International Airport;

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

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

Section 1: The City Manager be hereby authorized to execute a Rental Car Agency Concession and Lease Agreement with Southwest-Tex Leasing Co., Inc d/b/a Advantage Rent-a-Car for approximately 165 square feet of office and counter space located in car rental space #4 and 17 parking spaces located at 5210 Bob Bullock Loop at the Laredo International Airport, a copy of which lease is attached hereto as Exhibit A, and incorporated herein as if set out at length for all intents and purposes.

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

Page 1 of 2 AN ORDINANCE AUTHORIZING A RENTAL CAR AGENCY CONCESSION AND LEASE AGREEMENT BETWEEN THE CITY OF LAREDO AND SOUTHWEST-TEX LEASING CO., INC. D/B/A ADVANTAGE RENT-A-CAR

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2003.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY

VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY

Page 2 of 2

COUNCIL COMMUN CATION ,ATE: SUBJECT: INTRODUCTION OF AN ORDINANCE Authorizing the City Manager to execute a Lease and Restaurant Concession -2 1-03 Agreement with Carlos Bella d/b/a Villa Laredo Restaurant for approximately 1,116 square feet constituting suite number 101 on the first (1'') floor of the airport passenger terminal located at 5210 Bob Bullock Loop at the Laredo International Airport. Lease term is for five (5) years commencing on July 1, 2003 and ending on June 30, 2008. Month rental shall be $2,000.00 and will be adjusted annually according to changes in the Consumer Price Index; providing for an effective date. rllTlATED BY: Cynthia Collazo STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Director

'REVIOUS ACTION: City Council has approved previous lease agreements with Carlos Bella /b/a Villa Laredo Restaura~t.

In June 18, 2003, proposals were received from interested parties for the operation of a 2staurant concession and lease agreement at the airport passenger terminal. Carlos Bella d/b/a 'illa Laredo Restaurant was the sole proposer meeting all specifications and bidding a Minimum ,nnual Guarantee of $24,000 (or $2,000 per month). Mr. Bella has been leasing restaurant acilities at the airport since 1989 and is a tenant in good standing.

:INANCIAL: Concession Account No. 242-0000-361-1060 Minimum Annual Guarantee: $24,000 Previous Minimum Annual Guarantee: $16,800 tECOMMENDATION: The Airport Advisory Committee STAFF: Recommend City Manager ecommends approval. execute Concession and Lease Agreement with Carlos Bella d/b/a Villa Laredo Restaurant. AN ORDINANCE

AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AND RESTAURANT CONCESSION AGREEMENT WITH CARLOS BELLA D/B/A VILLA LAREDO RESTAURANT FOR APPROXIMATELY 1,116 SQUARE FEET CONSTITUTING SUITE NUMBER 10 1 ON THE FIRST (lST) FLOOR OF THE AIRPORT PASSENGER TERMINAL LOCATED AT 5210 BOB BULLOCK LOOP AT THE LAREDO INTERNATIONAL AIRPORT; 1. LEASE TERM IS FOR FIVE (5) YEARS COMMENCING ON JULY 1, 2003 AND ENDING ON JUNE 30,2008; 2. MONTHLY RENT SHALL BE $2,000.00 AND WILL BE ADJUSTED ANNUALLY ACCORDING TO CHANGES IN THE CONSUMER PRICE INDEX; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Airport Director recommends that the City Council approve 1 proposed Lease and Restaurant Concession Agreement between the City of Laredo, as LESSOR, and Carlos Bella d/b/a Villa Laredo Restaurant, as LESSEE, for approximately 1,116 square feet constituting Suite Number 10 1 on the first (1St) floor of the airport passenger terminal located at 5210 Bob Bullock Loop at the Laredo International Airport, as a contract and in furtherance of the development of the Laredo International Airport and as a support to the maintenance and operation of the Laredo International Airport;

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

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

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

Section 1: The City Manager be hereby authorized to execute a Lease and Restaurant Concession Agreement with Carlos Bella d/b/a Villa Laredo Restaurant for approximately 1,116 square feet constituting Suite Number 10 1 on the first (1St) floor of the airport passenger terminal located at 5210 Bob Bullock Loop at the Laredo International Airport, a copy of which Lease and Restaurant Concession Agreement is attached hereto as Exhibit A, and incorporated herein as if set out at length for all intents and purposes.

Section 2: This Ordinance shall become effective upon passage hereof. 1

Page 1 of 2 AN ORDINANCE AUTHORIZING A LEASE AND RESTAURANT CONCESSION AGREEMENT BETWEEN THE CITY OF LAREDO AND CARLOS BELLA D/B/A VILLA LAREDO RESTAURANT

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2003.

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 CO VIMUNICATION DATE: SUBJECT: INTRODUCTIC IN OF AN ORDINANCE Authorizing the City Manager to execute a lease with Webb County for 7-21-03 approximately 1,000 square feet constituting Building No. S-3 located at 1703 Sandman Street at the Laredo International Airport. Lease term is for one (1) year commencing on May I, 2003 and ending on April 30, 2004, and may be extended for two (2) terms of one (1) year each ending on April 30, 2005 and April 30, 2006. However, it is agreed by the parties that the lease may be terminated by either party upon giving a ninety (90) day written notice fro the party terminating to the other. Monthly rent shall be $400.00 and will be adjusted annually according to changes in the Consumer Price Index; providing for an effective date.

r\ ( vnthia Collazo STAFF SOURCE: Jose L. Flores INITIATED BY: J 1 I Assistant City Manager Airport Director

PREVIOUS COUNCIL ACTION: City Council has approved previous lease agreements with Webb County.

BACKGROUND:

Webb County wishes to lease Building No. S-3 so that it can be used for warehouse storage. Lessee is responsible for providing Public Liability Insurance in minimum amounts of $500,000 per incident and $100,000 property damage per incident naming the City of Laredo as co-insured.

Previous tenant was the City of Laredo Engineering Department paying $300.00 per month. Building No. S-3 was constructed in 1943 and is leased in "as-is" condition.

FINANCIAL IMPACT: Building Rent Revenues Account No. 242-0000-361 -1 060 Previous Monthly Rent: $300.00 Proposed Monthly Rent: $400.00 ($0.40/S.F.) x 12 Months = $4,800 Percentage Increase: 33.333%

COMMITTEE RECOMMENDATION: The STAFF RECOMMENDATION: That the City Airport Advisory Committee recommends Manager be authorized to execute a lease with approval. Webb County for Building No. S-3. AN ORDINANCE

AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH WEBB COUNTY FOR APPROXIMATELY 1,000 SQUARE FEET CONSTITUTING BUILDING NO. S-3 LOCATED AT 1703 SANDMAN STREET AT THE LAREDO INTERNATIONAL AIRPORT; 1. LEASE TERM IS FOR ONE (1) YEAR COMMENCING ON MAY 1, 2003 AND ENDING ON APRIL 30,2004, AND MAY BE EXTENDED FOR TWO (2) TERMS OF ONE (1) YEAR EACH ENDING ON APRIL 30,2005 AND APRIL 30,2006. HOWEVER, IT IS AGREED BY THE PARTIES THAT THE LEASE MAY BE TERMINATED BY EITHER PARTY UPON GIVING A NINETY (90) DAY WRITTEN NOTICE FROM THE PARTY TERMINATING TO THE OTHER; 2. MONTHLY RENT SHALL BE $400.00 AND WILL BE ADJUSTED ANNUALLY ACCORDING TO CHANGES IN THE CONSUMER PRICE INDEX; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Airport Director recommends that the City Council approve the proposed lease between the City of Laredo, as LESSOR, and Webb County, as LESSEE, for approximately 1,000 square feet constituting Building No. S-3 located at 1703 Sandman Street at the Laredo International Airport, as a contract and in firtherance of the development of the Laredo International Airport and as a support to the maintenance and operation of the Laredo International Airport; 1 WHEREAS, the Airport Advisory Committee finds that said lease is in the best interest of the Airport and recommends that the City Council approve the proposed lease; and WHEREAS, the City Council of the City of Laredo having heard the recommendations of the Airport Director and of the Airport Advisory Committee agrees with same.

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

Section 1: The City Manager be hereby authorized to execute a lease with Webb County for approximately 1,000 square feet constituting Building No. S-3 located at 1703 Sandman Street at the Laredo International Airport, a copy of which lease is attached hereto as Exhibit A, and incorporated herein as if set out at length for all intents and purposes.

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

Page 1 of 2 AN ORDINANCE AUTHORIZING A LEASE AGREEYfENT BETWEEN THE CITY OF LAREDO AND WEBB COUNTY (BUILDING NO. S-3)

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2003.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY

i /i i,

BY: [ip:ez!c & '-42, w-~/7 VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY

Page 2 of 2

FINAL READINGS

INTERNET AVAILABLE

COUNCIL COMMUNICATION

DATE: SUBJECT: RESOLUTION NO. 2003-R-071 Accepting the assignment of 62.153 acre feet of municipal water rights from 7/21/2003 the balance of 306.7655 acre feet deeded to the City of Laredo by Vaquillas Ranch Company, Ltd. by applying 20.249 acre feet of municipal water rights for water availability charges and 9.954 acre feet for the installation of water meters in connection with the final plat of Monarch Townhouses; 3.6 acre feet of municipal water rights for water availability charges in connection with the final plat of Concord Hills Phase VII; and 18.95 acre feet of municipal water rights for water availability charges and 9.4 for annexation charges in connection with the final plat of Concord Hills Phase IX.

INITIATED BY: I STAFF SOURCE: Larry Dovalina, City Manager / Heberto L. Ramirez, Utilities Director

PREVIOUS COUNCIL ACTION: On 4/21/03 by Resolution No. 2003-R-043, the City Council accepted the assignment of 3.725 acre feet of municipal water rights from the balance of 800 acre feet deeded to the City of Laredo by Vaquillas Ranch Company, Ltd. The balance of water rights was 306.7655 after that transaction.

BACKGROUND:

Ordinance No. 99-0-047 allows the exchange of water rights for various fees related to land development. 493.2345 acre feet have been previously assigned for other land development charges.

The balance of water rights in this account will be 244.6125 acre feet after this transaction.

FINANCIAL IMPACT: The deduction of 62.153 acre feet from 306.7655 leaves 244.6125 acre feet of municipal water rights.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Staff recommends approval of this transaction. N/A RESOLUTION NO. 2003-R-071

Accepting the assignment of 62.153 acre feet of municipal water rights from the \ balance of 306.7655 acre feet deeded to the City of Laredo by Vaquillas Ranch Company, Ltd. by applying 20.249 acre feet of municipal water rights for water availability charges and 9.954 acre feet for the installation of water meters in connection with the final plat of Monarch Townhouses; 3.6 acre feet of municipal water rights for water availability charges in connection with the final plat of Concord Hills Phase VII; and 18.95 acre feet of municipal water rights for water availability charges and 9.4 for annexation charges in connection with the final plat of Concord Hills Phase IX.

WHEREAS, Ordinance No. 99-0-047 allows the exchange of water rights for various fees related to land development; and

WHEREAS, 20.249 acre feet of municipal water rights for water availability charges and 9.954 for the installation of water meters were deeded to the City of Laredo by Vaquillas Ranch Co., Ltd. in connection with the final plat of Monarch Townhouses; and

WHEREAS, 3.6 acre feet of municipal water rights for water availability charges were deeded to the City of Laredo by Vaquillas Ranch Co., Ltd. in connection with the final plat of Concord Hills Phase VII; and

WHEREAS, 18.95 acre feet of municipal water rights for water availability \ charges and 9.4 for annexation charges were deeded to the City of Laredo by Vaquillas Ranch Co., Ltd. in connection with the final plat of Concord Hills Phase IX.

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

The assignment of 42.799 acre feet of water rights will be accepted in exchange for the payment of water availability charges, 9.4 acre feet of water rights will be accepted in exchange of payment for annexation charges, and 9.954 acre feet of water rights will be accepted in exchange for payment of the installation of water meters in connection with the final plat of Monarch Townhouses located at 2445 Monarch Dr., and Concord Hills Phase VII and IX located east of Concord Hills Blvd. and south of HWY 359, upon the signing of this Resolution No. PASSED BY THE ClTY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF JULY 2003.

ELIZABETH G. FLORES MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. ClTY SECRETARY

APPROVED AS TO FORM BY:

JAIME L. FLORES ClTY ATTORNEY i

COUNCIL COMMUNICATION SUBJECT: RESOLUTION NO 2003-R-072 Resolving that the City Manager be authorized to execute a Landlord Subordination Agreement between the City of Laredo, as Landlord, the Huntington National Bank, as Lender, and R. G. Barry Corporation, as Lessee, thereby subordinating the lease agreement authorized by Ordinance No. 89-0- 221 dated November 2, 1989 at the Laredo international Airport to the Lender.

ynthia Collazo 1 STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Director

PREVIOUS COUNCIL ACTION: City Council has approved a previous lease agreement with R. G. Barry Corporation.

BACKGROUND:

Lessee wishes to subordinate its lease agreement with the City of Laredo to the Huntington National Bank.

R. G. Barry Corporation has been a tenant in good standing since 1991. The current monthly rent is $40,492.92.

FINANCIAL IMPACT: None.

1 COMMITTEE RECOMMENDATION: The I STAFF RECOMMENDATION: That the City Manager Airport Advisory Committee recommends be authorized to execute a Landlord Subordination approval. Agreement between the City of Laredo, Landlord, the Huntington National Bank, as Lender, and R. G. Barry I Corporation, as Lessee. RESOLUTION NO. 2003-R-072

RESOLVING THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE A LANDLORD SUBORDINATION AGREEMENT BETWEEN THE CITY OF LAREDO, AS LANDLORD, THE HUNTINGTON NATIONAL BANK, AS LENDER, AND R. G. BARRY CORPORATION, AS LESSEE, THEREBY SUBORDINATING THE LEASE AGREEMENT AUTHORIZED BY ORDINANCE NO. 89-0-221DATED NOVEMBER 2, 1989, AT THE LAREDO INTERNATIONAL AIRPORT TO THE LENDER.

WHEREAS, the Airport Director recommends that the City Council approve a Landlord Subordination Agreement between the City of Laredo, as Landlord, The Huntington National Bank, as Lender, and R. G. Barry Corporation, as Lessee, thereby subordinating the lease agreement authorized by Ordinance No. 89-0-221 dated November 2, 1989, as a contract and in furtherance of the development of the Laredo International Airport.

WHEREAS, the Airport Advisory Committee finds that said Landlord Subordination Agreement is in the best interest of the Airport; and

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

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

Section 1: That the City Manager be and is hereby authorized to execute a Landlord Subordination Agreement between the City of Laredo, as Landlord, The Huntington National Bank, as Lender and R. G. Barry Corporation, as Lessee, a copy of which Landlord Subordination Agreement is attached hereto as Exhibit A, and incorporated herein as if set out at length.

Section 2: This Resolution shall become effective upon passage hereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2003.

ELIZABETH G. FLORES MAYOR

Page 1 of 2 SIJBORDINATION AGREEMEN'I' BETWEEN THE CITY OF LAREDO, THE HUNTINGTON NATIONAL BANK AND R. G. BARRY CORPORATION

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

-- --- DATE: SUBJECT: RESOLUTION NO. 2003-R-078

DIRECTING AEP TEXAS CENTRAL COMPANY TO FILE 712 1/03 CERTAIN INFORMATION ("RATE FILING PACKAGE") WITH THE CITY OF LAREDO; SETTING A DATE FOR THE FILING OF THE COMPANY'S ANALYSIS OF WHY EXISTING RATES SHOULD NOT BE REDUCED; AUTHORIZING THE HIlUNG OF LEGAL COUNSEL AND CONSULTANTS; REQUIRING THE REIMBURSEMENT OF THE CITY OF LAREDO'S RATE CASE EXPENSES.

INITIATED BY: STAFF SOURCE: Larry Dovalina, City Manager Jose F. Castillo, Assistant Finance Director

PREVIOUS COUNCIL ACTION: None.

BACKGROUND:

The City is a member ofthe South Texas Aggregation Project (STAP) since its creation in April 1999. STAP was created to deal, along with other members (Cities), with the electricity deregulation issues. The STAP is made up of 120 Cities. The City has been very active with the process of deregulation. On June 6,2003, the South Texas Aggregation Project ("STAP") Board of Directors unanimously voted to implement procedures to evaluate CPL's transmission and distribution rates for reasonableness. The Public Utility Commission (PUC) established the current rates of CPL, now called AEP Texas Central, approximately 18 months ago. These rates were based upon the utility's projected costs (a fkture test year with crystal ball estimates) and a rate of return that does not reflect the current cost of capital. Actual cost data now exists. In the deregulation statute the legislature left in place Cities' original jurisdiction over transmission and distribution rates of AEP Texas Central.

FINANCIAL IMPACT:

None.

RECOMMENDATION: STAFF RECOMMENDATION: NIA Approval of this Resolution. RESOLUTION NO. 2003-R-078

DIRECTING AEP TEXAS CENTRAL COMPANY TO FILE CERTAIN INFORMATION ("RATE FILING PACKAGE") WITH THE CITY OF LAREDO; SETTING A DATE FOR THE FILING OF THE COMPANY'S ANALYSIS OF WHY EXISTING RATES SHOULD NOT BE REDUCED; AUTHORIZING THE HIRING OF LEGAL COUNSEL AND CONSULTANTS; REQUlRINGTHE REIMBURSEMENT OF THE CITY OF LAREDO'S RATE CASE EXPENSES.

WHEREAS, the City of Laredo is a regulatory authority under the Public Utility Regulatory Act (PURA) and has original jurisdiction over the rates of AEP Texas Central Company (AEP) to determine if such rates are just and reasonable; and

WHEREAS, Sections 36.003 and 36.151 of PURA empower a regulatory authority, on its own motion or on a complaint by any affected person, to determine whether the existing rates of any public utility for any service are unreasonable or in any way in violation of any provision of law, and upon such determination, to determine the just and reasonable rates; and

WHEREAS, the City of Laredo has reason to believe that AEP Texas Central Company is overearning and its rates are excessive; and

WHEREAS, the City Council of the City of Laredo desires, on its own motion, to exercise its authority under Sections 36.003 and 36.15 1 of PURA; and

WHEREAS, a procedural schedule should be established for the filing of a rate filing package by AEP Texas Central Company, procedures to be followed to obtain and review information from AEP Texas Central Company, the filing of an analysis of such information by the City's staff and consultants, the filing of rebuttal information from AEP Texas Central Company, and a public hearing at which time the City shall make a determination whether the existing rates of AEP Texas Central Company are unreasonable or are in any way in violation of any provision of law and if such rates should be revised and just and reasonable rates determined for AEP Texas Central Company; and

WHEREAS, legal counsel for the City of Laredo and other South Texas Cities have recently negotiated a date for AEP to make a complete rate case filing with the City and the Public Utility Commission of Texas.

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

SECTION 1. This resolution constitutes notice ofthe City's intent to proceed with an inquiry into the transmission and distribution rates charged by AEP Texas Central Company. On or before November 3, 2003, AEP Texas Central Company shall file with the City of Laredo and the PUC, information that demonstrates good cause for showing that AEP Texas Central Company's transmission and distribution rates should not be reduced. Specifically, AEP Texas Central Company shall file with the City of Laredo a complete system-wide rate case prepared according to the filing i requirements of the PUC, along with all associated workpapers. In addition, AEP Texas Central Company shall file with the City of Laredo revenues and expenses associated with the provision of street lighting service within the municipal limits during 2000, 2001 and 2002.

SECTION2. Cities designated representatives are authorized to intervene the City of Laredo in any proceeding at the PUC that arises out of or is associated with this resolution.

SECTION 3. Subject to the right to terminate employment at any time, the City of Laredo hereby authorizes Geoffrey Gay and Steven Porter with the law firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend and other qualified consultants approved by the City Manager to review AEP Texas Central Company's rate filing and to assist the City of Laredo in its ratemaking and to prosecute any appeals to the Texas Public Utility Commission or court.

SECTION 4. AEP Texas Central Company shall reimburse the City for the reasonable costs of attorneys and consultants upon presentation of invoices by the City.

PASSED BY THE CITY COUNCL AND APPROVED BY THE MAYOR ON THIS THE 21" DAY OF JULY 2003.

I ELIZABETH G. FLORES MAYOR ATTEST:

Gustavo Guevara City Secretary

APPROVED AS TO FORM: Jaime L. lo red City ~ttorne~i

BY: ,' i) t Iny C cGettrick J Assistant City Attorney

COUNCIL COMMUNICATION

SUBJECT: MOTIONS DATE: Consideration to authorize the purchase of one custom fire truck through the Texas Local Government Purchasing Cooperative (Buy Board) contract from American La

replacement fire truck that will be assigned to Station 9. Delivery is expected within six to eight months. Funding has been budgeted from PPFCO bond proceeds. INITIATED BY: STAFF SOURCE: Larry Dovalina Luis Sosa Jr., Fire Chief 2ity Manager Francisco Meza, Purchasing Agent -- PREVIOUS COUNCIL ACTION: Approved the City of Laredo's participation in the Texas Local 3overnrnent Purchasing Cooperative (Buy Board) at the City Council meeting of May 7,2001. BACKGROUND: Staff is requesting authorization to purchase one fire truck through the Texas Local Government Purchasing Cooperative (Buy Board) contract from American La France Gulf Coast, Youston, Texas in the total amount of $330,572.00. This is a replacement fire truck that will be issigned to Station 9. Buy Board Contract

American La France / $330,572.00 1

FINANCIAL: Funds for the purchase of this equipment is available from the following line item budgets:

PPFCO Bond - Capital Outlay, Automotive Equipment Account Number: 40 1-9860-515-9004

RECOMMENDATION: STAFF: Staff recommends approval of this contract.

COUNCIL COMMUNICATONS DATE: SUBJECT: MOTION 07/21/03 Consideration to award annual contract FY03-102, to the LOW BIDDER, JJJ International & Safety, Inc., Laredo, Texas, in the estimated amount of $1 12,846.50, for providing traffic marking paint for the Traffic Department - Safety Division and the Airport Department. This contract establishes the unit pricing for traffic paint and glass beads used for street and runwayltaxiway striping for a one-year period. ~llitems-will be purchased on an as need basis. Funding will be available in the Traffic Safety and Airport - Grounds Maintenance budget. [NITIATED BY: STAFF SOURCE: Larry Dovalina, City Manager Roberto Murillo, Traffic Director Francisco Meza, Purchasing Agent PREVIOUS BOARD ACTION: None. BACKGROUND: rhe City received four bids for awarding an annual contract for the purchase of street and mwayltaxiway striping paint. This contract establishes the unit pricing for traffic paint and glass ,cads used by the Traffic Safety and Airport departments for a one-year period. All items will be mrchased on an as need basis and includes yellow and white paint and the reflective glass beads

Section I - Traffic Marking Paint I / I Section I1 - Airport Marking Paint I I - I I I - I JJJ Int'l Safety 1 $ 82,564.50 1 I JJJ Int'l Safety 1 $30,282.00 1 Allstate Coating Co. $ 91,100.00 Sherwin Williams $33,783.00 Sherwin Williams $1 10,270.00 Allstates Coating Co. $35,950.00 Pathmark Traffic $125,964.00 Pathrnark Traffic $48,970.00

FINANCIAL: All items will be purchased on an as need basis. Funds are allocated in the following line item budgets: Traffic Safety Department - Materials to Make Repairs Account Number: 101-26 10-522-3040

Airport Department - Ground Maintenance Division - Materials to Make Repairs Account Number: 242-3620-582-301 0

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Staff recommends to award contract to the low bidder. City of Laredo Traffic and Airfield Marking Paint Bid FY03-102

JJJ Int'l Safety Allstates Coating Co. Sherwin Williams Pathmark Traffic Laredo, Texas Gladewater, Texas Laredo, Texas San Marcos, Texas Section I Traffic Marking Paint Qty. Unit Price Total Unit Price Total Unit Price Total Unit Price Total Acrylic Traffic Paint 8,000 gallons $ 5.00 $40,000.00 $ 5.50 $44,000.00 $ 6.15 $ 49,200.00 $ 7.41 $ 59,280.00 Acrylic Traffic Paint 6,000 gallons $ 4.67 $28,020.00 $ 5.00 $30,000.00 $ 6.15 $ 36,900.00 $ 7.52 $ 45,120.00 Red Paint Water Borne 800 gallons $ 5.87 $4,696.00 $ 6.00 $4,800.00 $ 12.10 $ 9,680.00 $ 8.94 $ 7,152.00 Blue Paint Water Borne 800 gallons $ 4.17 $3,336.00 $ 6.00 $4,800.00 $ 9.05 $ 7,240.00 $ 8.64 $ 6,912.00 Glass Beads, Type I 25,000 Ibs.

Section II - Airfield Paint Acrylic Airfield Paint 2,000 gallons Acrylic Airfield Paint 500 gallons Airfield Glass Beads 6,600 Ibs.

COUNCIL COMMUNICATION

DATE: SUBJECT: MOTIONS Consideration to award contract FY03-085 to Ferrara Firefighting Equipment, New Braunfels, Texas in the amount of $27,538.00, for the purchase of twenty five sets of structural fire fighting protective clothing for the Fire Department. The set includes the fire coat, trousers, knee boots, gloves, hoods, suspenders and helmets. Funding is available in the 2003 PPFCO Contractual Obligation bond.

STAFF SOURCE: Larry Dovalina, Luis Sosa, Fire Chief City Manager Francisco Meza, Purchasing Agent

PREVIOUS COUNCIL ACTION: BACKGROUND: The City received six bids for the purchase of the protective suits used to fight structural fires. A total of twenty five sets will be purchased. The set includes the fire coat, trousers, knee boots, gloves, hoods, suspenders and helmets. Staff has reviewed the bids and is recommending that a contract be awarded to the low bidder.

11 I Suits I Helmets 1 Total Ferrara Firefighting $23,186.00 $4,352.00 $27,538.00 NAFECO 1 Wilson $23,209.25 $4,850.00 $28,059.25 Quest Enterprises $23,375.00 $4,850.00 $28,225.00 4 Alarm MES $26,029.00 $4,750.00 $30,779.00

I I Safety suppl~*& - Inc i $28,991.50 / $4,473.75 i $33,465.25 I I / Lion Apparel 1 $20;803.25 1 1 1nc.'~id

FINANCIAL IMPACT: Funds for the purchase of this equipment is available in following account: 2003 -Contractual Obligation Bond - Capital Outlay, machinery and equipment Account Number: 401 -9860-5 12-24 10

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be approved. 69 6969 69 69 69 69 69 5;: N a 3 % P W --.. .!a 9 "5 W -ww-Jwo.Io-- , Ul 030Ul-lNmP ,st. Y !="? YruP E F 0 0 000000000~000~

COUNCIL COMMUNICATION

- -- DATE: SUBJECT: 0712 1I02 Consideration to award contract number FY03-097, to the LOW BIDDERS, Dr. Ike's Home Center, Laredo, Texas, in the estimated amount of $19,091 .OO and Rob- K Concrete Products, Laredo, Texas in the estimated amount of $21,425 for providing rebar and wire mesh for a one year period. This contract establishes contract pricing for these materials used for construction or repair project. All materials will be purchased on an as needed basis. Funding is available in the Public Works budget and capital improvement fund.

[NITIATED BY: STAFF SOURCE: Larry Dovalina Rogelio Rivera, EngineeringIPublic Works Dept. Director 2ity Manager Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: None

BACKGROUND: The City of Laredo requested bids for the purchase of rebar and wire mesh used in concrete projects. Bids where requested on domestic and imported material. The term of this contract is for one year. A :omplete bid tab is attached.

3id Summary

Bid Summary Rob-K Concrete Dr. Ike's Products Home Center McCoy's Rebar - Domestic $ 5,500.00 $ 7,023.00 $ 3,014.00 (inc.) Rebar - Imported $ 5,500.00 $ 6,309.00 Wire Mesh - $21,250.00 $19,091.00 $1 4,190.00 (inc.) Domestic Wire Mesh - $15,925.00 $17,175.00 Imported

FINANCIAL: These materials are purchased from the Public Works budget and Capital Improvement Fund on an as needed basis.

RECOMMENDATION: STAFF: Staff recommends approval of this contract. Rebars 8 Wire Mesh FY 03-097

Section I Rebars - Domestic McCoy Building Dr. Ike Home Center Rob-K Concrete Item Description Est. QW. Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 1 318" Standard 940.00 $ 1.38 $ 690.00 2 112" Standard 1,340.00 $ 2.38 $ 1,190.00 3 518 Standard 459.00 $ 3.40 $ 340.00 4 314" Standard 619.00 $ 5.30 $ 530.00 5 318" Grade 60 970.00 $ 1.38 $ 690.00 6 112" Grade 60 1,530.00 $ 2.38 $ 1,190.00 7 518 Grade 60 478.00 $ 3.40 $ 340.00 8 314" Grade 60 687.00 $ 5.30 f 530.00

Grand Total Section I Incomplete $

Section II Rebars Imported 1 318" Standard 2 112" Standard 3 518" Standard 4 314" Standard 5 318" Grade 60 6 112" Grade 60 7 518" Grade 60 8 314" Grade 60

Grand Total Section II

Section Ill Wire Mesh Domestic 16x6~63x50' 2 6x6~6-5~150' 36x6~10-5'x50' 4 6x6~103x150'

Grand Total Section Ill Incomplete $

Section IV Wire Mesh Imported 16x6~63x50' NIA 2 6x6~6-5~150' NIA 3 6x6~103x50' NIA 46x6~10-5'x150' NIA

COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION(S) Consideration to award an architectural engineering (ME) contract in the amount not to 07/21/2003 exceed $177,000.00 to Architects Plus, Inc., Laredo, Texas, for the Eleden Recreational Facility Project. Funding is available in the 28th Action Year, Community Development Projects.

INITIATED BY: STAFF SOURCE: Larry Dovalina, Rogelio Rivera, P.E., City Manager City Engineer PREVIOUS COUNCIL ACTION: On March 3, 2003 City Council approved the selection of Architect Plus Inc., (Laredo) as consultant for the Eleden Recreational Facility, and to authorize staff to negotiate a professional services contract with the selected consultant.

BACKGROUND: The park is to be located on a 13.4 acres site in South Laredo and South of U.I.S.D. Perez Elementary School.

Scope of services include, but are not limited to:

The development of approximately 13.4 acres of land to include but not limited to a recreational center (1 18,000 sq.ft. building) with a multipurpose room, an exercise room, office space, an indoor jogging/walking tract, and a basketball gymnasium; a multipurpose field, playscape area, a pavilion and picnic shelters, hike and bike trails, landscaping, irrigation system, parking area and proper park lighting.

A/E fee breakdown is as follows:

Basic Services...... $1 50,000.00 Color Presentation REnderingsPower Pointl3d Computer Presentation ...... $ 3,500.00 Civil Engineering Consultant Services(Al1owances) ...... $ 13,500.00 Landscaping and Irrigation Systems Design ...... $ 5,000.00 Reimbursable Allowances ...... $ 5,000.00 Total A/E ...... $1 77,000.00

Design work is to be on a fast track basis.

FINANCIAL IMPACT: Funding is available in the 28th Action Year, Community Development Projects ~ccouitNo. 21 1-8540-535-1353 COMMITTEE RECOMMENDATION: I STAFF RECOMMENDATION: NIA. 1 Approval of Motion. CONSIDERATION TO AWARD AN ARCHITECTUR4L ENGINEERING (ME) CONTR4CT FOR THE ELEDEN RECREATIOIVAL FACILITY PROJECT

CITY couxclLMEETIuc I CITY OF LAREDO ApuNnA r-mmxm I JULY 21, 2003 I ENGINEERING DEPARTMENT

COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION(S) Consideration for approval of the selection of consultant Freese and Nichols, Inc., 0712 112003 Fort Worth, Texas, for the Construction, Reconstruction and Rehabilitation of Airport Pavement Areas and other Aeronautical Improvements at the Laredo International Airport and authorization to negotiate a professional services contract. Award of A/E Contract is subject to funding availability.

INITIATED BY: STAFF SOURCE: Larry Dovalina, Rogelio Rivera, P.E., City Manager City Engineer PREVIOUS COUNCIL ACTION: None.

BACKGROUND: Eight (8) firms responded to the request for qualifications on Friday, March 22,2002, at 4:00 P.M. as follows:

1. Freese and Nichols, Inc., Fort Worth, Texas 2. Carter Burgess, Fort Worth, Texas 3. Delta Airport Consultants, Inc., Austin, Texas 4. Howland Surveying Company, Inc., D.B.A. Howland Engineering and Surveying Company, Laredo, Texas, in association with Perez Consulting Engineers, McAllen, Texas 5. Rosin Group, Inc., San Antonio, Texas 6. G.G. Salinas Engineering Company, Laredo, Texas 7. PBS&J, Austin, Texas, in association with Bain Medina Bain, Inc., and HVJ Associates, hc. 8. URS Corporation, Fort Worth Texas

Scope of services include, but are not limited to:

Construction, reconstruction and rehabilitation of airport pavement areas and other aeronautical improvements at the Laredo International Airport in accordance with all Federal Aviation Administration (FAA) guidelines, regulations and requirements. The initial term of this selection will be for up to one (1) year and at City's sole option and discretion the term may be extended for one (1) additional year. Consultant's performance will be one key factor in the City's decision to exercise the one (1) year option term. Award of A&E contract(s) is subject to the availability of funding.

The Staff Committee composed of several City Departments and two members of the Airport Advisory Committee evaluated the submittals and presentations, and based on the City's standard selection criteria (capability to perform, familiarity with FAA regulation, professional background, quality of similar previous projects, etc.) Freese and Nichols, Inc., Fort Worth, Texas, is recommended.

FINANCIAL IMPACT: Award of A/E Contract is subject to funding availability.

COMMITTEE RECOMMENDATION:. STAFF RECOMMENDATION: The Airport Advisory Committee concurs with Approval of Motion. recommendation.

COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION(S) Consideration for approval of change order no. 1 an increase of $102,257.00 to the 0712 1I2003 construction contract with Pete Gallegos Paving, Inc., Laredo, Texas, for the Zacate Creek Linear Park Phases 111, IV & V Scope of Work I - Sidewalks for additional construction of sidewalks and handrails resulting from an apparent miscalculation of quantities. Funding is available in the Community Development Project - Zacate Creek Phase 111, IV & V.

INITIATED B STAFF SOURCE: Larry Dovalina, Rogelio Rivera, P.E., City Manager I City Engineer PREVIOUS COUNCIL ACTION: On December 16, 2002 City Council awarded a construction contract to the lowest bidder Pete Gallegos Paving, Inc., Laredo, Texas, for the Zacate Creek Linear Park Phases 111, IV & V Scope of Work I - Sidewalks in the base bid amount of $495,500.00.

BACKGROUND: The original project consists of construction of sidewalks along the East and West banks of Zacate Creek from Grant Street to Jefferson Street approximately 28 Blocks. Sidewalks are generally 6 feet in width with accessible ramps. The project also includes header curbs, retaining walls, handrails, embankments, and other items as required.

Plans and specifications were prepared by Rosin Group, Inc., San Antonio, Texas.

This change order no. 1 is for additional construction work required for the completion of project as follows:

1. The Type 111 sidewalk was increased to replace Type 1 to make a more gradual slope entering the bottom of the creek under bridges and leaving the creek area when going up towards the high banks. 2. The Type V sidewalk under the bridges was modified to avoid cutting the riprap under the bridges. The modification required more handrail for the safety of pedestrians. 3. Includes the sidewalk Type I and IV to connect Plum Street to the JeffersodLyon Bridge on the West side of the creek.

Original Contract Amount ...... $495,500.00 (Awarded by City Council on December 16,2002) This change order no. 1...... $102,257.00 Current construction contract amount...... $597,757.00

FINANCIAL IMPACT: Funding is available in the Community Development Project - Zacate Creek Phase 111, IV & V. Account No. 21 1-8540-535-1354 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA. Approval of Motion. CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO.~, FOR THE ZACATE CREEK LINEAR PARK PHASES 111, IV, & V SCOPE OF WORK I- SIDEWALKS 4

CITY COUNCIL MEETING I CITY OF LAREDO I JULY 21, 2003 1 ENGINEERING DEPARTMENT

COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION(S) Consideration to award a construction contract to the lowest bidder Triple A Concrete, 0712 112003 Inc., Laredo, Texas, for the CDBG Sidewalks City-Wide Project No. 21 (30 Blocks) in the base bid amount of $169,793.10 Funding is available in the 28th Action Year School Sidewalks.

I INITIATED BY: STAFF SOURCE: Larry Dovalina, Rogelio Rivera, P.E., City Manager City Engineer PREVIOUS COUNCIL ACTION: On February 18, 2003 City Council approved to award a professional services contract to Foster Engineering Company, Laredo, Texas, for an amount not to exceed $21,000.00 for surveys, design and preparation of plans and specifications for the CDBG Sidewalk City Wide Project No. 21 (30 Blocks).

BACKGROUND: The project consists of construction of sidewalks on 30 city blocks in south Laredo in District I and District 11. Sidewalks are generally 4 feet in width with accessible ramps at street crossings. The project also includes header curbs, retaining walls, reconstruction of driveways, and other items.

Plans and specifications were prepared by Foster Engineering Company, Laredo, Texas.

Three (3) bids were received and opened at the City Secretary's Office on Wednesday July 9,2003, at 2:00 P.M. as follows:

Contractor (Bidder) Base Bid J. Solis Maintenance & Welding Service $193,064.85 Laredo, Texas Triple A Concrete, Inc. $169,663.10 Laredo, Texas CG Construction, Inc. $238,168.84 ( Laredo, Texas

The bid and bid bonds were checked and found to be in order. Staff therefore concurs with consultant and recommends award in the base bid amount of $169,793.10 to Triple A Concrete, Inc., Laredo, Texas.

Contract time is sixty (60) working days after notice to proceed is issued.

Continue on Page 2 of 2

FINANCIAL IMPACT: Funding is available in the 28th Action Year School Sidewalks. Account No. 21 1-8540-535-1331

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA. Approval of Motion. ist of Streets for Project No. 21 is as follows:

- - Street Name From To Side No. of Blocks Zacatecas Louisiana S. New York South 2 Tinai a S. Louisiana S. New York South 2 - -- S. Smith Chacota Monterrey West 3 S. India Monterrey Chacota East 3 S. Milmo Palo Blanco Bavard West 3 - -- S. Martin Saltillo Zacatecas West 1 Sierra Vista South Lucy Cassata North 1 Total District I 15 Blocks

- Street Name From To Side No. of Blocks

. -- 2 Bismark New York S. India , North I - Boulanger ( New York I S. India South 2 - Santa Clara Louisiana Arkansas South 1 Napoleon S. India S. Louisiana South 4 Santa Clara New York S. Canada South 1

S. Arkansas Santa Barbara Na~oleon West- -. 1 Barrios S. Louisiana U.S. 83 South 3 Texas Ligarde Barrios East 1 Total District I1 15 Blocks

Page 2 of 2

COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION(S) Consideration for approval of the selection of consultant Sepulveda Associates 0712 112003 Architects, Inc., for the Laredo International Airport Roof Repairs for Building No. 132, 134, 1054 and authorization to negotiate a professional services contract. Funding is available in the Airport Fund - Storm/Wind Damages.

I INITIATED BY: STAFF SOURCE: Larry Dovalina, Rogelio Rivera, P.E., citY-~anager I City Engineer PREVIOUS COUNCIL ACTION: None.

BACKGROUND: Six (6) firms responded to the request for qualifications on Wednesday, June 25,2003, at 4:00 P.M. as follows:

1. Modem Construction, Inc., Laredo, Texas 2. Rimkus Consulting Group, Inc., McAllen, Texas 3. Harry Jewett Associates, hc., Laredo, Texas 4. Design Group International, Laredo, Texas 5. Ashley Humphries & Sanchez Architects, Laredo, Texas 6. Sepulveda Associates Architects, Inc., Laredo, Texas

Scope of services include, but are not limited to:

The roof at the three buildings sustained significant wind and rain damage and possibly structural damage and the professional services contract is for the preparation of scope of work and plans and specifications to bid the construction necessary to repair the following buildings:

Building No. 132 (U.S. Customs/Task Force) 471 8 Maher Avenue. Building No. 134 (SER, CCMS) 4603 Maher Avenue. Building No. 1054 (formerly State Attorney General) 4804 N. Bartlett.

The Staff Committee composed of several City Departments evaluated the submittals and presentations, and based on the City's standard selection criteria (capability to perform, familiarity with FAA regulation, professional background, quality of similar previous projects, etc.) Sepulveda Associates Architects, Inc. is recommended.

FINANCIAL IMPACT: Funding is available in the Airport Fund StormIWind Damages. Account No. 242-3610-584-98 10

COMMITTEE RECOMMENDATION:. STAFF RECOMMENDATION: NIA. Approval of Motion. COIVSIDERTION FOR APPROVAL OF THE SELECTION OF CONSULTANT FOR THE LAREDO IKTERNATIONAL AIRPORT ROOF REPAIRS FOR BUILDING No. 132,113,1053 AND ALfTHORIZATION TO NEGOTIATE A PROFESSIONAL SERVICE CONTRACT ! i

CITY COUNCILMEETING I CITY OF LAREDO A i-~x~n.TTV. c ~LE.21. 2003 I ENGINEERING DEPARTMENT

COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION(S) Consideration for approval of change order no. 3 a decrease of $58,060.00 to the 07/21/2003 construction contract with Modem Construction, Inc., Laredo, Texas, for the New Laredo Municipal Court Building Project for reconstruction of four (4) existing handrails at exterior stairways and to comply with ADA requirements and to deduct ADA and PEW Allowances. Funding is available in the 2000A CO Issue Municipal Court Project.

I INITIATED BY: STAFF SOURCE: Larry Dovalina, Rogelio Rivera, P.E., City Manager City Engineer PREVIOUS COUNCIL ACTION: On October 7,2002, City Council approved change order no. 1 an increase of $55,132.00 to the construction contract with Modem Construction, Inc., Laredo, Texas, for the New Laredo Municipal Court Building Project for additional construction work to add ceramic tile flooring and marble wainscot at waiting area. BACKGROUND: The original project consists of a 18,000 S.F. building w/a court room, judge's office and associates judges office, administration offices, court clerk area, employee restrooms, public restrooms, public counters, storage, filing and waiting area. The public area will consist of tile floor and the working area will have vinyl flooring. The exterior consists of split face cmu and stucco with a combination of standing seam metal roof and bitumen roofing. The building will be air conditioned, and will have a sprinkler system, and a fire alarm system. The building will have an employee parking lot and a public parking lot. Location of the building is Thomas Avenue and Leal Street and South of the Laredo Police Station at the Laredo International Airport.

Plans and specifications were prepared by Turner, Hickey & Associates, Laredo, Texas.

This change order no. 3 is for reconstruction of four (4) existing handrails at exterior stairways and to comply with ADA requirements is as follows:

Reconstruction of four (4) existing handrails at exterior stairways (increase) ...... $ 1,940.00 ADA Allowance (decrease)...... $lO,OOO.OO PEW Alllowance (decrease)...... $50,000.00 Net decrease...... $58,060.00

Continue on Page 2 of 2

FINANCIAL IMPACT: Funding is available in the 2000A CO Issue Municipal Court Project. Account No. 447-9854-535-4838 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A. Approval of Motion. lriginal construction contract...... $2,938,500.00 (Awarded by City Council on December 17,2001) :hange order no. 1...... $ 55,132.00 (Approved by City Council on October 7,2002) For additional construction work to add ceramic tile flooring and marble wainscot at waiting area and to add 14 calendar days to the contract time. zhange order no. 2 ...... $ 7,509.00 (Signed by the City Manager on January 24,2003) To change transformer location from east side to the west side, add wood base to rooms with tile floor and install doors at employee bathrooms and to add 25 calendar days to the contract time. rhis change order no. 3...... ($ 58.060.00) hrrent construction contract amount...... $2,943,081.00

Page 2 of 2 CONSIDERATION FOR APPROVAL OF CHANGE ORDER No. 3, FOR THE NEW LAREDO MUNICIPAL COURT BUILDING PROJECT

CITY COUNCIL MEETING CITY OF LAREDO AGENDA ITEM JULY 21, 2003 ENGINEERING DEPARTMENT

COUNCIL COMMUNICATION

DATE SUBJECT: MOTION Consideration for approval of the Plans and Specifications for Phase I1 of the City of 07-2 1-03 Laredo Residential Sound Insulation Program, as part of the Federal Aviation Regulation Part 150 Noise Compatibility Program; and authorization to advertise for bids for said plans and specifications. The program is funded through the Federal Aviation Administration Grant #35 for Noise Abatement.

INITIATE I BY: I STAFF SOURCE: Cynthia Collazo Angelo Ferrazzano Acting City Manager Real Estate Manager

I PREVIOUS COUNCIL ACTION: None.

BACKGROUND: On February 3,2003, the City Council authorized the City Manager to enter into a Professional Services Contract with W. D. Schock Company, Inc., to provide residential sound reduction services, as part of the Sound Insulation Program, which is a component of the City of Laredo International Airport Noise Compatibility Program.

The plans and specifications for the soundproofing of 30 units have been completed and W. D. Schock Company, Inc., is ready to proceed with the advertising of bid proposals for the soundproofing work to be performed on 20 City-owned units and 10 privately-owned units where owners requested that their homes be soundproofed.

FINANCIAL IMPACT: Funding for ths project is available under improvements other than buildings on Account # 254- 3698-565-9301, with a transfer ftom Land 254-3698-565-9101

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NI A Staff recommends passage of Motion .

COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION 712 1/O3 Approving the submission of the 2003 Consolidated Plan to the US. Department of Housing and Urban Development in request for funding through the 29th Action Year Community Development Block Grant ( CDBG) in the amount of $4,407,000; the 2003 HOME Investment Partnerships Program (HOME) in the amount of $1,454,026; and the 2003 Emergency Shelter Grant (ESG) in the amount of $150,000 and authorizing the City Manager to execute all documents as a result of the Plan's submission.

INITIATI 1 BY: 1 STAFF SOURCE: Ms. Cynthia Collazo Mr. Erasmo A. Villarreal Asst. City Manager CD Director PREVIOUS COUNCIL ACTION: 07/7/2003 - A Public Hearing was held at City Council Chambers to allow the public and City Council an opportunity to comment on the draft 2003 Consolidated Plan which identifies the projects proposed to be funded by the US. Dept. of Housing and Urban Development through the 2003 CDBG, HOME, and ESG Programs.

BACKGROUND: The City of Laredo is recognized as an entitlement City by HUD and is eligible in the next fiscal year to receive funding through the Community Development Block Grant ($4,407,000), the HOME Investment Partnerships Program ($1,454,026) and the Emergency Shelter Grant ($150,000). The award of funds is contingent on the submission and approval of a One-Year Action Plan which specifically details the activities/projects to be funded with HUD Program funds.

The Consolidated Planning Process requires that citizens be provided an opportunity to participate in identifying needs and suggestions for the use of funds. Accordingly, five neighborhood meetings and one public hearing were held prior to the preparation of the draft plan. A public hearing was held on April 21, 2003 to give interested citizens an opportunity to make recommendations, which might be incorporated in the planning document.

The draft 2003 Consolidated Plan was made available for public review and comment for a period of 30 days beginning June 15,2003 and ending July 15,2003. An additional public hearing regarding the draft document was held on July 7,2003. During the hearing there was discussion regarding the various projects being proposed, and the Mayor questioned the use of CDBG funds for the purchase of fire equipment. As a result of the comments received, changes were made to the proposed projects. Attached is a list of the projects proposed to be funded with 2003 CDBG, HOME, and ESG funds.

(Cont'd) FINANCIAL IMPACT: 2gthAY community ~evelo~mentc lock c rant ...... $4,407,000 2003 HOME Investment Partnerships Program...... $1,454,026 2003 Emergency Shelter Grant...... $150,000

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A That the City Manager be authorized to submit the 2003 Consolidated Plan to HUD and to execute all COUNCIL COMMUNICATION

BACKGROUND: (Cont'd)

29thAY Community Development Block Grant

Sidewalks (All districts within CDBG target area) ...... $400.000 Jemolition of Substandard Structures (All districts within CDBG target areas) ...... $50. 000 San Salvador Neighborhood Park ...... $300. 000 South Laredo Cross Street Park ...... $300. 000 Sidewalks ( District V) ...... $125. 000 2ornmunity... Center (District 7) ...... $250. 000 4cquisition of Fire Truck ...... $350. 000 [nner City Park - Phase I1 ...... $50. 000 Santa Fe Park - Phase I1 ...... $300. 000 Taylor Park- lighting ...... $75. 000 Lafayette Linear Park -lighting ...... $1 00. 000 San FranciscoIEistetter Park Improvements ...... $125. 000 Zacate Creek Park Improvements - Park Nodes & Pedestrian Crossing ...... $175. 000 Housing Rehabilitation Loan Program ...... $408. 308 Code Enforcement ...... $3 3 7. 609 Graffiti Removal Program ...... $39. 275 Community Development Administration ...... $635. 277 Housing Rehabilitation Administration ...... $2 15331 Hamilton Hotel Section 108 Loan Repayment ...... $17 1.000

Home Investment Partnerships Grant

HOME Program Administration ...... $13 8. 697 Down Payment Assistance ...... $773. 229 Tenant-Based Rental Assistance ...... $324. 000 Community Housing Development Organizations - Azteca Economic Development & Preservation Corporation ...... $2 18. 100

2003 Emergency Shelter Grant

ESG Program Administration ...... $1 .500 Homeless Prevention Program - Bethany House ...... $22. 500 Homeless Prevention Program - Webb County Community Action Agency ...... $22. 500 Homeless Shelter Program (Operations) .Catholic Social Services ...... $53. 500 Homeless Shelter Program (Operations) - Laredo Homeless Coalition ...... $27. 000 Homeless Shelter Program (Rehab) - Sacred Heart Children's Home ...... $23. 000

COUNCIL COMMUNICATION I DATE: SUBJECT: MOTION Consideration to reject the two bids received for the Remediation of Building Foundation 712 1/03 Settlement for an estimated 26 single family housing units constructed as part of the Los Obispos Affordable Housing Project since bids received were incomplete and did not meet bid suecifications. -- [NITIATED BY: STAFF SOURCE: 2ynthia Collazo Erasmo Villarreal 4ssistant City Manager CD Director PREVIOUS COUNCIL ACTION: 04/21/2003 - Ordinance 2003-0-096 was passed authorizing that the City of Laredo Fiscal Year 2003 Laredo Municipal Housing Fund Budget be amended by drawing down and appropriating $865,000 from the opening balance to carry out necessary repairs associated with the owner-occupied units constructed by the Laredo Affordable Housing Corporation as part of the Los Obispos Affordable Housing Project. BACKGROUND: Two (2) sealed bids were received and opened on June 17,2003 at 4:00 p.m. at the City 3ecretaryysoffice as follows: Contractor (Bidder) Base Bid 1. Arredondo Group, L.P. $426,500.00 San Antonio, Texas 2. Power Lift Foundation Repair, Inc. $1,370,715.41 Plano, Texas The original bid request provided for the bidder to develop a plan of remediation and to carryout the iecessary foundation improvements in adherence with the parameters outlined in the bid specifications. The :wo bids received were reviewed and were found to be not qualified.

Qrredondo Group submitted a bid in which the contractor stipulated conditions to accepting award, ncluding : Inability to provide a warranty based on the specification tolerances, and Inability to provide insurance and bonding unless the project was divided and awarded as three separate contracts. Power Lift did not include a bid bond with their bid. Power Lift also included a letter with their proposal stating that they could not provide more than a one-year warranty, which is in conflict with the specification lequirements.

Staff therefore recommends that the two bids be rejected. Staff further proposes to modify the bid remediation process to first obtain RFQs from qualified firms to provide for project design of plans and specs prior to a second request for project construction bids. FINANCIAL IMPACT: Funding is available in the Los Obispos Housing Project, Account #: 402-4323-535-4182.

- - COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That this motion N/A be passed.

COUNCIL COMMUNICATION

DATE: SUBJECT:MOTION(S) Consideration to authorize the City Manager to negotiate a contract with CastleGarde, Tampa, FL., to conduct a security assessment of the Laredo Bridge System's computer 07/21/03 network, system, internet, and application security. The security assessment will identify all computer network security exposures that may exist and provide recommendations to prevent, eliminate or at least minimize the exposure of intrusion. The negotiated contract will be presented to the City Council at a subsequent meeting for final approval. Funding is available in the Laredo Bridge System budget.

INITIATED BY: STAFF SOURCE: Larry Dovalina, City Manager Rafael Garcia Jr., Bridge System Director PREVIOUS COUNCIL ACTION: None - -- BACKGROUND: The City received eight proposals from qualified firms to conduct a security assessment of the Laredo Bridge System's computer network, computer system, internet, and application security. The request for proposal review committee included staff from the Laredo Bridge System, Purchasing Division, Management Information System Department and Telecommunications. The committee reviewed all proposals and rated each vendor in the areas of compensation/travel expenses, prior experience, staff qualifications, understanding work to be performed and meeting the requirements of the request for proposals. After reviewing the proposals submitted by the eight vendors, staff recommends that a contract be negotiated with CastleGarde. The eight proposals submitted to the City of Laredo are as follows:

1.) CastleGarde: Option 1 = $19,764.00 / Plus travel expenses. Option 2 = $27,995.00 1 Plus travel expenses. 2.) Guardent : = $20,000.00 / Plus 10% for on site visits & 15% for travel & living expenses. 3.) Techsoft: = $24,867.00 / Travel Expenses non indicated. I.) EFM Company: = $36,000.00 / Plus travel and expenses. 5.) TBM: = $48,273.00 / Plus 5% to 15% travel and expenses. 6.) Axiom Corporation: = $48,825.00 / Plus $5,932.00 travel and expenses. 7.) Advanced Personal Computing = $56,378.25 1 (Network, System & Internet Assessment) (Application Assessment not included) $1,600.00 for on site visits & travel expenses. 8.) Deloitte & Touche = $210,000.00 1 Plus travel expenses. A detailed assessment report identifying all network vulnerabilities and threats will be required for each type of security assessment. This report must explain all vulnerabilities, threats and suggested remedies that will prevent, eliminate or minimize each vulnerability of intrusion. FINANCIAL IMPACT: Funding is available in the Laredo Bridge System Purchased Professional Services line item. Account Number: 553-40 12-533-5500. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Authorization for the City Manager to negotiate a contract with CastleGarde.

COUNCIL COMMUNICATION ATE: SUBJECT: MOTION pproving a Reimbursement Agreement with the Transportation Security dministration (TSA) to reimburse the airport for law enforcement services associated 07-2 1-03 ith the passenger screening checkpoint, and authorizing the City Manager to execute agreement. The total estimated cost of this agreement is $423,714.5.00 over the erm of the agreement. The effective date of this Agreement is retroactive from June 1, 003 and shall continue in effect until September 30,2007 or until earlier terminated by

VITIATED BY: Cynthia Collazo STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Director

REVIOUS ACTION: In May of 2002 City Council approved a similar reimbursement agreement with le Transportation Security Administration which agreement was terminated by TSA effective May 3 1, 303.

ACKGROUND: he Government agrees to reimburse the cost of the airport law enforcement officers responding to the lssenger screening checkpoint. Reimbursement is based on ten (1 0) hours per day at an annually xalating rate. he City of Laredo is responsible for providing law enforcement officers who meet the requirements of this greement

INANCIAL: Airport Policing Grant Account No. 242-0000-323-2024 Reimbursement schedule: FY 03 $ 30,500.00 FY 04 $ 93,987.50 FY 05 $ 96,798.00 FY 06 $ 99,718.00 FY 07 $ 102,711 .OO Total $423,714.50

'OMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That the City Manager be authorized to execute a Reimbursement Agreement with the Transportation Security Administration.

COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION (S) Consideration to authorize the City Manager to negotiate and execute a July 21, 2003 contract with Crystal Group, Inc, a Texas Corporation, for the purpose of hosting the "Miss Texas USA Pageant" for the next five years (the years 2004, 2005, 2006, 2007 and 2008). Funding is budgeted in the LCVB Operating Budget FY 200312004. INITIATED BY: I STAFF SOURCE: Cynthia Collazo, Asst. City Manager Nick Marks Reyna, Director LCVB

PREVIOUS COUNCIL ACTION: None

BACKGROUND: The City of Laredo has been selected to host the Miss Texas USA Pageant for the next five years (the years 2004, 2005, 2006, 2007 and 2008). The Crystal Group'which is in the business of promoting and conducting the statewide Pageant would conduct the event at the Laredo Entertainment Center and also videotape activities at various locations in the city showcasing the numerous attractions of Laredo and Nuevo Laredo. The show reaches over 7,800,000 TV households in all 20 Texas markets. In addition, the show is seen in parts of New Mexico, Oklahoma, Louisiana and Mexico. The Miss Texas USA Pageant is a national quality production that consistently boasts high ratings throughout Texas. The Host City would be mentioned throughout the telecast and will be featured in several segments including: Opening Segment Host City Tour/Documentary Video Host Hotels Promotion Video Delegates Activities in Host Area Prize Segment Video filmed on location in Host City. Total Host City promotional time on the show is approximately 12-15 minutes of television time worth over $876,000. The pageant is a week-long event, which climaxes in the 2 hour telecast. During that week approximately 1,500 to 2,000 friends and families of contestants will converge on Host area, many of them making it their vacation and bringing up to $300,000. of revenue to local hotels, restaurants, transportation and attractions. Host to receive ten complimentary pages in Miss Texas USA program book for local sponsors and two pages for city officials and lor CVB staff. FINANCIAL IMPACT: The Crystal Group provides sponsorship opportunities designed to help the Host area raise outside sources of funding to help pay the costs of hosting the Miss Texas USA Pageant. Host shall receive two Gold sponsorship ($100,000.00 total) which it may sell to sponsors with all proceeds to be retained by Host to aid the Host Area in underwriting the cost of the event. Host will receive 40% of the revenue (less sales tax) from the sale of tickets over and above 1,700 sold for each show (not including complimentary tickets). Complimentary accommodations and meals would be solicited to house the pageant contestants, staff and n/ production personnel. The projected net cost of the event should not exceed $150,000.00, amount which is allocated in the Laredo Convention & Visitors Bureau Budget for FY 200312004. STAFF RECOMMENDATION: Staff recommends approval.

COUNCIL COMMUNICATION

Consideration to award contract FY03-081 to the low bidder, Air Gas Inc., Laredo, Texas, in the estimated annual amount of $40,000.00 for providing welding gases, welding rods, and cut links used by the service departments and medical oxygen used by the Fire Department. This is an annual contract and all items will be purchased on an as need basis. Funding is available in the following departmental budgets: Traffic Safety - Fleet Maintenance, Parks and Recreation Department and Fire Department - EMS Division.

INITIATED BY: STAFF SOURCE: Larry Dovalina, Francisco Meza, Purchasing Agent City Manager

PREVIOUS COUNCIL ACTION: None.

BACKGROUND: The City received three bids for awarding a contract for the purchase of welding gases, welding rods, and cut links used by the service departments that need welding supplies and the medical oxygen used by the Fire Department. This is an annual contract and all items will be purchased on an as need basis. A complete bid summary is attached

FINANCIAL IMPACT: Funds for the purchase of these supplies are available in following accounts: Fleet Maintenance, Welding Supplies Account Number: 593-28 10-533-2076

Parks and Recreation Department, Repairs to Building & Improvements AccountNumber: 101-3115-552-3010

Fire Department - EMS Division, Medical Supplies Account Number: 10 1-2415-522-2020

1 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommendec that this contract be approved. Welding GasesNecical Oxygen N03-081 Yearly Contract

A. OXYGEN Air Gas Inc. Masterson Tn-Gas Acetylene Oxygen Item Description Est. Qty. Unit Cost Total Cost Monthly Unit Cost Total Cost Monthly Unit Cost Total Cost Monthly Per Cylinder Per Cylinder Rental Per Cylinder Per Cylinder Rental Per Cyllnder Per Cylinder Rental 1 Size 20 cf Series (AC) 9.00 NIC 9.60 NIC 10.50 NIC 2 S~ze50 of Series (AC) 9.00 NIC 10.50 NIC 11.25 NIC 3 Size 80 cf Series 175.00 $ 200.00 $ 200.00 $ 1.90 4 Slze 120 cf 40.00 $ 42.50 $ 47.50 $ 1.90 5 Size 200 cf 45.00 $ 57.50 $ 51.00 $ 1.90 5a Slze 244 cf 45.00 $ 57.50 $ 51.00 $ 1.90 5b Size 250 cf 45.00 $ 57.50 $ 51.00 $ 1.90

B. ACETYLENE 1 Size # 1 (MC) 14.25 NIC 17.85 NIC 1500 NIC 2 Size # 2 (B) 18" tall 19.50 NIC 24.00 NIC 21.00 NIC 3 Stze # 3 75cf24" tall 100.00 $ 130.00 $ 119.50 $ 190 4 Slze#4132cf 130.00 $ 172.50 $ 138.50 $ 1.90

C. NITROGEN 1 200 series 25.00 $ 30.00 $

D ARGON 1 Argon 200 Series 45.00 $ 52.50 $ la Argon 244 Series 45.00 $ 52.50 $ 1b Argon 244 Senes 48.00 $ 63.00 $ 2 Argon C02 200 Series 45.00 $ 60.00 $ 2a Argon C02 300 Series 48.00 $ 60.00 $ 2b Argon C02 300 Series 48.00 $ 72.00 $

E. HELIUM 1 200 Senes 65.00 $ 62.00 $

F. MEDICAL OXYGEN 1 Size D 568.75 NIC 3.00 $ 525.00 NIC 875.00 NIA 2 Slze H 562.50 NIC 8.00 $ 1.OW.00 NIC 1.250.00 NIA 3 Size E 32.50 NIC 4 00 $ 40.00 NIC 55 00 NIA

G. WELDING RODS U.S.A. BRAND ONLY 50 LBS. BOX 1 6011 118" 234.00 2 6013 118" 78.00 3 7014 118" 156.00 4 7018 118" 148.00

G. CUT LINKS COST PER TOTAL COST POUND 5 Bar Brass 3132 x 36 25 $ 2.89 S 72.25 6 Bare Brass 1W x 36 25 2.75 S 68.75 7 flC Brass 3/32 x 36" 25 3.3 $ 82.50 8 FIC brass 118 x 36" 25 S 3.20 S 80.00

Grand Total

COUNCIL COMMUNICATION

SUBJECT: MOTION

Authorizing the City Manager to execute a contract with Miller & Van Eaton, P.L.L.C., Washington, D.C., in an amount of $120,000.00, billed at a rate 01 $6,000.00 per month plus related expenses, for the period beginning May 1, 2003 and ending December 31, 2004, to provide Washington representation, meaning, advice concerning, and advocacy of, the City's position on federal- city relations and the federal appropriations process. Funding is available in General Fund.

INITIATED BY: STAFF SOURCE:

Larry Dovalina, City Manager Cynthia Collazo, Assistant City Manager

PREVIOUS COUNCIL ACTION:

None.

BACKGROUND:

This contract is for services previously provided by Betty Ann Kane who has since resigned her services from the City of Laredo due to other commitments.

FINANCIAL IMPACT:

Funding is available in General Fund.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:

NIA Approval of this Motion.

COUNCIL COMMUNICATION

DATE: SUBJECT: MOTION

Authorizing the City Manager to execute a State Homeland Security Grani Program Subrecipient Agreement between the City of Laredo and the Texas Engineering Extension Service "TEEX" to perform certain project tasks for the period beginning July I, 2003 and ending April 30, 2005, and accepting tota grant award in the amount of $1 ,I95,134.00.

INITIATED BY: I STAFF SOURCE: Larry Dovalina, City Manager I Luis Sosa, Fire Chief

I PREVIOUS COUNCIL ACTION:

None.

BACKGROUND:

Base grant: Regional Allocation by COG: Amount Added by Governor:

TOTAL GRANT AWARD:

FINANCIAL IMPACT:

The City of Laredo will receive funding in the amount of $1,195,134.00.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:

N/A Approval of this Motion.

COUNCIL COMMUNICATIONS

DATE: SUBJECT: MOTION 7/21/03 Approving monthly adjustments to the tax roll. The amount to be adjusted for the month of June 2003, represents an increase of $16,651.74. These adjustments are determined by Webb County Appraisal District and by lcourt orders. INITIATED BY: ]STAFFSOURCE CYNTHIA COLLAZO, ELIZABETH MARTINEZ ASSISTANT CITY MANAGER INTERIM TAX ASSESSOR-COLLECTOR

PREVIOUS COUNCIL ACTION: Approves tax roll each year.

BACKGROUND: Under Section 26.09, Calculation of Tax, paragraph (e) of the Texas Property Tax Code, "the Assessor shall enter the amount of tax determined as provided by this section in the appraisal roll and submit it to the governing body of the unit for approval. The appraisal roll with amount of tax entered as approved by the governing body constitutes the unit's tax roll." This point was brought up by an opponent in a tax lawsuit. It was the recommendation of the City Attorney and the Tax Collections Attorney, that adjustments be approved each month, in addition to the tax roll being accepted with adjustments.

FINANCIAL: 'otential revenues will decrease due to a decrease in levy in the amount of 516,651.74.

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Approval

COUNCIL COMMUNICATIONS

Refund of property tax to the following taxpayers and companies: 1. A refund in the amount of $1,316.78 payable to Ruben Lara, Jr., and Graciela due to an overpayment by taxpayer. Account #909-00007-850. 2. A refund in the amount of $668.24 payable to George A. & Christine M. Aguirre due to a double payment on behalf of Border Abstract and Transamerican Real Estate. Account #969-30009-160. 3. A refund in the amount of $1,054.97 payable to EAB Leasing Corporation due to a double payment made on the 2001 taxes. Account #801-05020-112. 4. A refund in the amount of $775.56 payable to Wells Fargo Real Estate Tax due to a double payment made by the taxpayer and Wells Fargo. Account #99l-2OOO2-llO. 5. A refund in the amount of $1,027.83 payable to Wells Fargo Real Estate Tax due to a double payment made by Border Title and Wells Fargo. Account #973-10004-100. 6. A refund in the amount of $731.80 payable to Wells Fargo Real Estate Tax due to a double payment made by the taxpayer and Wells Fargo. Account #965-30005-020. 7. A refund in the amount of $632.93 payable to Wells Fargo Real Estate Tax due to a double payment made by Webb County Title and Wells Fargo. Account #989-00006-140. 8. A refund in the amount of $585.70 payable to Wells Fargo Real Estate Tax due to a double payment made by Neel Title Abstract and Wells Fargo. Account #980-70004-040. See next page for continuation. A1 tD rS 1 Akt SmJRCt CYNTHIA COLLAZO, ELIZABETH MARTINEZ ASSISTANT CITY MANAGER INTERIM TAX ASSESSOR-COLLECTOR i PREVIOUS COUNCIL ACTION: City Council has previously approved requests for refunds over $500.00 as required by State Law. BACKGROUND: Every month the Webb County Appraisal District submits to the City of Laredo changes of values certified by the WCAD Review Board. Some of these changes require tax refunds be issued due to clerical errors, double assessments, over assessments, over 65 exemptions, did not exist on the 1st of the year, exempt property and combined properties. As per section 26.15 (f) of the Texas Property Tax Code "If a correction decreases the tax liability of a property owner after he has paid the tax, the taxing unit shall refund to the property owner the difference between the tax paid and the tax legally due. As per Section 31 .II of the Texas Property Tax Code "an application for a refund must be made within three years after the date of the payment, or the taxpayer waives the right to a refund." A taxpayer may request a refund if an overpayment or an erroneous payment was made. As per Section 42.43 of the Texas Property Tax Code, Refund. (a) If the final determination of an appeal that decreases a property owner's tax liability occurs after the property owner has paid his taxes, the taxing unit shall refund to the property owner the difference between the amount of taxes paid and the amount of taxes for which the property owner is liable.

FINANCIAL: The City of Laredo will refund an amount of $10,219.31. It will be paid from line item RevenueIUnapplied Payments. Account #I01 -0000-222-0300.

COmI tt RtCOM~DATION: S1 Akt: Approval of this refund as detailed above. ,I REFUNDS CONTINUATION I. A refund in the amount of $1,043.66 payable to Wells Fargo Real Estate Tax due to a double payment made by Neel Title Abstract and Wells Fargo. Account #989-10002-230. 0. A refund in the amount of $1,047.88 payable to Wells Fargo Real Estate Tax due to a double payment made by Neel Title Abstract and Wells Fargo. Account #987-20002-230. 1. A refund in the amount of $825.75 payable to Wells Fargo Real Estate Tax due to a double payment made by Neel Title Abstract and Wells Fargo. Account #983-40001-130. 2. A refund in the amount of $508.21 payable to Transamerica Real Estate Tax Service Refund Department due to a double payment by taxpayer and Transamerica. Account #968-81001-014.

COUNCIL COMMUNICATION

DATE: SUBJECT: STAFF REPORT 7/21/03 Update report on the status of the Colonias Project.

INITIATED BY: STAFF SOURCE: Larry Dov- City Manager Heberto Ramirez, Utilities Director PREVIOUS COUNCIL ACTION: Update report on Colonias Project on 4/21/03

BACKGROUND:

Turner Collie and Braden, Inc. has continuously provided update reports to city council with the approval of the Utilities Department. The firm has continued to conduct monthly status meetings with the consulting firms, Webb County staff and the City staff to coordinate the advancement of the project. Consequently aRer every meeting a status report is provided to the City Manager for information.

The projects in general are in the final stages of the design phase with one construction contract awarded in October 2002 and another awarded on June 2003. The rest of the projects will be ready to advertise for bids as early as August 2003.

FINANCIAL IMPACT: NIA

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:

N/A N/A

COUNCIL COMMUNICATION

DATE SUBJECT: EXECUTIVE SESSION Request for Executive Session pursuant to Texas Government Code Section 55 1.072 in order to deliberate on the value of, and the possible purchase of, real property near the Central Business District, because deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with third persons; and return to open session for possible action, and direction to staff. INITIATE b BY: STAFF SOURCE: Cynthia Collazo Angelo Ferrazzano Assistant City Manager Real Estate Manager

PREVIOUS COUNCIL ACTION: None.

BACKGROUND: N/ A

FINANCIAL IMPACT:

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A