ClTY OF LAREDO ClTY COUNCIL MEETING A-2006-R-I 5 ClTY COUNCIL CHAMBERS I110 HOUSTON STREET LAREDO, TEXAS 78040 August 14,2006 5:40 P.M.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aid or services are requested to contact Gustavo Guevara, City Secretary at (956) 791-7308 at least two working days prior to the meeting so that appropriate arrangements can be made. The accessible entrance and accessible parking spaces are located at City Hall, 1100 Victoria Ave.
Out of consideration for all attendees of the City Council meetings, please turn off all cellular phones and pagers, or place on inaudible signal. Thank you for your consideration.
1. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
Ill. ROLL CALL
IV. MINUTES
Approval of the minutes of May 1,2006 and June 20,2006.
V. COMMUNICATIONS AND RECOGNITIONS
Announcements a. Acknowledging the Laredo Heat Soccer Club on their outstanding 2006 season for garnering the PDL Southern Conference Championship Title holder and the Mid-South Division Championship.
Invitations
Recognitions
a. Recognition of Loryn Elysha Muiioz for garnering the title of Miss Texas Junior Pre-teen at the National American Miss Pageant this past June. b. Recognition of Mario Gutierrez, of the Community Development Department, on his selection as July 2006 Employee of the Month.
c. Presentation by City of Laredo Youth Committee on the Sister Cities International Youth Summit held in Washington, D. C.
Communiques
VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES
a. Appointments by Mayor Raul G. Salinas of: 1. Mayor Pro Tempore Juan Ramirez as liaison to the Border Trade Alliance representing the City of Laredo. 2. Mayor Pro Tempore Juan Ramirez as the Mayor's liaison to the Sister Cities Working Group. 3. Naming the appointees to the Blue Ribbon Committee for the River Vega Master Plan.
b. Appointment by Council Member Hector Garcia of: 1. Carlos Garcia to the Board of Adjustment. 2. Mario Rosales to the Citizens Environmental Advisory Committee.
c. Appointment by Council Member Johnny Rendon of Javier Compean to the Plaza Theater Renovation Committee.
d. Appointment by Council Member Gene Belmares of Dan Ryan to the Board of Adjustments instead of the Third Party Funding Committee.
e. Appointment by Mayor Pro Tempore Juan Ramirez of:
1. Gregorio Lopez, Jr. to the HistoricIDistrict Landmark Board 2. Alejandra Arreguin to Board of Adjustments
VII. PUBLIC HEARINGS
1. Public hearing and introductory ordinance amending the City of Laredo FY 2005-2006 annual budget by appropriating revenues and expenditures in the amount of $145,540.00 in funds from the Texas Department of State Health Services for the Office of Border Health-Lab of the City of Laredo Health Department for the period beginning July I, 2006 through December 31,2006.
2. Public hearing and introductory ordinance amending the City of Laredo FY 2005-2006 annual budget by appropriating revenues and expenditures in the amount of $70,000.00 in funds from the Texas Commission of Environmental Quality (TCEQ) to continue the operation of two (2) continuous air monitoring stations (CAMS) by the City of Laredo Health Department for the period beginning September I, 2006 through August 31, 2007.
3. Public hearing and introductory ordinance amending the City of Laredo FY 2005-2006 annual budget by appropriating revenues in the amount of $390,256.00 in funds from the Texas Department of Health Services, which includes $42,300.00 from estimated program income for the Maternal and Child Health (MCH-Title V) Program of the City of Laredo Health Department for the period of September I, 2006 through August 31,2007.
4. Public hearing and introductory ordinance amending the City of Laredo FY 2005-2006 annual budget by appropriating revenues and expenditures in the amount of $157,886.00 in funds from the Texas Department of State Health Services which includes $23,544.00 from an estimated program income for the La Familia Health Care Program of the City of Laredo Health Department for the period of September 1, 2006 through August 31,2007.
5. Public hearing and introductory ordinance amending the City of Laredo FY 2005-2006 annual budget by appropriating revenues and expenditures in the amount of $61,068.00 in funds from the Texas Department of State Health Services for the Title V Family Planning Services of the City of Laredo Health Department for the period of September I,2006 through August 31, 2007.
6. Public hearing and introductory ordinance amending the City of Laredo FY 2005-2006 annual budget by appropriating revenues and expenditures in the amount of $188,539.00 in funds from the Texas Department of State Health Services (TDSHS), which includes $59,888.00 from estimated program income for the Immunization Action Plan (IAP) Program of the City of Laredo Health Department for the period of September 1,2006 through August 31,2007.
7. Public hearing and introductory ordinance amending the City of Laredo FY 2005-2006 annual budget by decreasing the grant award amount by $7,291 .OO from the Texas Department of State Health Services for the Prevention Services for HIV-Infected Persons Project (PSHIP) of the City of Laredo Health Department for a total amount of $104,989.00, for the contract period from January 1, 2006, through December 31, 2006. The decrease in funds is due to a reduction in federal funding from the Centers for Disease Control to TDSHS. 8. Public hearing and introductory ordinance authorizing the City Manager to accept a $4,000.00 grant from the Laredo Rotary Club and amend the City of Laredo FY 2005-2006 General Fund annual budget by appropriating revenues and expenditures in the amount of $4,000.00 in the form of a donation for the purpose of providing additional improvements for the Santa Rita Park.
9, Public hearing and introductory ordinance authorizing the City Manager to accept a $5,000.00 donation from AT&T and amend the City of Laredo FY 2005-2006 General Fund annual budget by appropriating revenues and expenditures in the amount of $5,000.00 in the form of a donation for the sponsorship of the Avery Johnson Summer Camp.
10. Public hearing and introductory ordinance authorizing the City Manager to execute a lease agreement between the City of Laredo and Laura Salcedo DBA Hot Dog Express for the use of retail space Suite B of the Mercado Square located at 1000 Hidalgo Street. The lease term is for two (2) years at a rental rate of seven hundred and eighty two ($782.00) dollars per month for the first year, increasing the second year based on the change in the 2006 Consumer Price Index and providing for September 1, 2006 effective date.
11. Public hearing and introductory ordinance authorizing the City Manager to execute a (5) five year lease agreement between the City of Laredo and the Laredo Amateur Boxing Club, Inc. for the use of the Orlando Canizales Boxing Gym located at 1610 Guadalupe Street for an annual rental fee of one dollar ($1.00) plus 50% share of utility charges and providing for an effective date.
12. Public hearing and introductory ordinance amending the City of Laredo FY 2005-2006 Full Time Equivalent (FTE) positions reclassifying nine (9) Firefighter positions to the position of three (3) captains, three (3) drivers and three (3) assistant driver positions to activate engine company #I4 for Fire Station #I4 located at 309 Cielito Lindo Boulevard. Funding for these positions is available in the Fire Department operating budget in the amount of $10,509.72.
13. Public hearing and introductory ordinance authorizing the City Manager to enter into an agreement between Texas Engineering Extension ServiceIEmergency Services Training Institute (TEEX) and the City of Laredo Fire Department to define the responsibilities for both parties for the education instructional activities to be offered to Firefighters, non Firefighter trainees and out of country first responders at the Laredo International FireILaw Enforcement Training Center. The period of performance under this agreement is specified as September 1, 2006 through August 31, 2007, unless sooner terminated in accordance with the terms in the agreement.
Public hearing and introductory ordinance amending the City of Laredo Code of Ordinance by deleting references to hazardous materials (Haz-Mat) fees in Chapter 33 Environmental protection, Section 33-169, "city charges" and inserting Chapter 12: Fire Prevention and Protection, Article Ill "reserved"; first hour no charges for emergency responses except for replacement costs of level A and B Safety Gear; charging replacement and reimbursement costs for use of units, personnel and equipment for emergency haz-mat responses; charging replacement and reimbursement costs for first hour and beyond for all non-emergency responses including use of units personnel and equipment providing for an administrative fee on one hundred dollars ($100.00) per invoice formulated; reducing the late fee from two hundred dollars ($200.00) to fifty dollars ($50.00) per invoice formulated; applicable to balances remaining after thirty days from date of invoice; and authorizing charge of ten percent (10%) per annum on balances remaining after sixty days from the date of invoice; repeal laws in conflict; providing for severability, publication and an effective date.
15. Public hearing and introductory ordinance authorizing the City Manager to amend the fiscal year 2005-2006 fiscal year budget for the Water Fund by appropriating revenues and expenditures in the amount of $1,066,000.00 provided by projected increases in the Meter Water Sales and Utility Late Fees. Funds will be used to cover Water Plant electricity costs, the purchase of meter reading hardwarelsoftware equipment, and an operational transfer to General Fund for the purchase of H.T.E. system software licenses.
16. Public hearing and introductory ordinance authorizing the City Manager to amend the City of Laredo 2005-2006 fiscal year budget for General Fund by transferring of $216,000.00 from the Waterworks Fund and appropriating $216,000.00 for the purchase of H.T.E. system software licenses for the Work OrdersIFacility Management Module and the NaviLine Browser User Interface in the Information Technical Support Mainframe division.
17. Public hearing and introductory ordinance authorizing the City Manager to execute the Santa Rita 18 inch sanitary sewer reimbursement agreement with 5 applicants who are named in the agreement to provide for possible reimbursement of part of the costs incurred by the applicants in constructing an 18 and 15 inch sanitary sewer line in South Laredo from the East right of way of Highway 83 across from the Laredo Community College South Campus to approximately 1500 feet east inside the Link Ranch. 18. Public hearing and introductory ordinance authorizing the City Manager to amend the Housing Rehabilitation Program's budget for FY 2005 - 2006 by appropriating additional estimated Revolving Loan payments in the amount of $36,549.00. The Revolving Loan funds will be used for housing rehabilitation loans and grants, which will assist low- income homeowners rehabilitate their home.
19. Public hearing and introductory ordinance authorizing the City Manager to amend the Home Investment Partnership Program's budget for FY 2005-2006 by appropriating additional estimated program income in the amount of $100,000.00. Program income funds will be used for down payment assistance which will assist first time, low income home buyers.
20. Public hearing and introductory ordinance amending the FY 2005- 2006 Airport Operating fund by transferring in $316,373.00 from the Airport Construction fund to cover additional operating expenses. Funding is available in the Airport Construction FundILand Proceeds Reserve Account, and authorizing the City Manager to implement said budget amendment and providing for an effective date.
(Recess) (Press Availability)
VIII. INTRODUCTORY ORDINANCES
21. Authorizing the City Manager to execute a Rental Car Agency Concession and Lease Agreement with Enterprise Rent-A-Car Company of Texas dba Enterprise Rent A Car, for the approximate 165 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 International Airport. Lease term is for five (5) years commencing on August 1, 2006 and ending on July 31, 201 1. Minimum Annual Guarantee (MAG) shall be $91,000.20 or ten percent (10%) 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 Coastal Bend Rent A Car, Inc. (Avis Rent A Car) and South Texas Auto Rental Services, LLC (Budget Rent A Car) for the approximate 171 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. Lease term is for five (5) years commencing on August 1, 2006 and ending on July 31, 201 1. Minimum Annual Guarantee (MAG) shall be $146,300.00 or ten percent (10%) of gross sales, whichever is greater; providing for an effective date. 23. 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 171 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 lnternational Airport. Lease term is for five (5) years commencing on August 1, 2006 and ending on July 31, 2011. Monthly rent shall be $80,513.59 or ten percent (10%) of gross sales, whichever is greater; providing for an effective date.
24. Authorizing the City Manager to execute a Rental Car Agency Concession and Lease Agreement with Gateway Rent A Car LLC dba Hertz Systems Licensee for approximately 171 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 lnternational Airport. Lease term is for five (5) years commencing on August 1, 2006 and ending on July 31, 2011. Minimum Annual Guarantee shall be $79,001 .OO or ten percent (10%) of gross sales, whichever is greater; providing for an effective date.
25. Authorizing the City Manager to execute a Rental Car Agency Concession and Lease Agreement with Southwest-Tex Leasing Co., Inc. dba Advantage 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 five (5) years commencing on August 1, 2006 and ending on July 31, 201 1. Minimum Annual Guarantee (MAG) shall be $95,780.64 or ten percent (10%) of gross sales, whichever is greater; providing for an effective date.
26. Amending Ordinance No. 1990-0-197, dated October 16, 1990, that established the minimum standards and requirements for the conduct of commercial aeronautical services and activities at the Laredo lnternational Airport; thereby amending Section II. E., "Line Services";' subsection 2(b), "Hangars and Other Buildings"; Subsection 5, "Product Quality Control and Safety"; and Subsection 8, "Insurance Requirements"; providing for an effective date.
7. Authorizing the City Manager to execute an amendment to the lease agreement approved by Ordinance No. 2002-0-241 dated September 16, 2002, between the City of Laredo, as Lessor, and Commision Mexico- Americana Para La Erradicacion Del Gusano Barrenador (U.S.D.A), as Lessee; thereby, amending Section 1.02, "Term", to end on May 31, 2006 instead of May 31, 2007, provided Lessee pays back rent in the amount of $36,831.00; providing for an effective date.
28. Amending Ordinance No. 99-0-363 and as amended by Ordinance No. 2002-0-2005 dated August 19, 2002, by adding a Section authorizing the City Manager to pay real estate commission to real estate brokers whose efforts result in the sale of properties located at the Laredo International Airport and approving the commission to be paid per transaction based on a percent of the bid approved by City Council; providing for an effective date.
29. Providing for the submission of proposed amendments to the Charter of the City of Laredo to the voters on Tuesday, November 7, 2006, and ordering said election; directing the city secretary to publish notice of the election for the submission of said amendments in a newspaper of general circulation in the city on October 15, 2006 and October 22, 2006; said notice to set forth in full the text of the proposed amendments; and directing the city secretary to conduct absentee voting and to take any other necessary action required for the conduct of said election.
30. Closing as public easement the South one half section of Canada Avenue between OIKane and Clark Streets, situated in the Eastern Division, City of Laredo, County of Webb, Texas, provided that the City retains the entire former street section as a utility easement and providing for an effective date.
31. Authorizing the City of Laredo to enter into a Lease with Webb County of Lots 9, and 10, Block 320, Eastern Division, for a term of 40 years, to enable Webb County to construct a Community Center to provide various social services and educational programs primarily for the elderly; copy of the lease is attached as Exhibit A; and providing for an effective date.
32. Authorizing the City Manager to execute all necessary documents to effectively convey fee simple title to the "Surface Only" on two land parcels to their respective abutting property owners, at their established market value of $8,150.00 each, and described as follows:
Parcel A Consisting of 4,634.54 sq. ft. (0.1064 of an acre more or less, to Juan Ramirez Properties, LTD. a Texas limited partnership; said parcel being out of the East one half section of Texas Avenue from the South right of way line of Chacon Street to 166.83 feet to the South, situated in the Eastern Division, City of Laredo, Webb County, Texas being generally described on attached Exhibit "A,
Parcel B Consisting of 4,634.54 sq. ft. (0.1064 of an acre) more or less, to Dora Palmarin; said parcel being out of the West one half section of Texas Avenue from the South right of way line of Chacon Street to 166.83 feet to the South, situated in the Eastern Division, City of Laredo, Webb County, Texas being generally described on attached Exhibit "B"; and hereby, approving the submitted improvement plan as described on Exhibit C and which is in compliance with Section 10 of the Street ClosingISales Policy Handbook, as approved by Resolution No. 97-R-140; and providing for an effective date.
IX. FINAL READING OF ORDINANCES
33. 2006-0-160 Amending Ordinance No. 2000-0-064 authorizing a Conditional Use Permit for a used car lot on Lot 9, Block 351, Eastern Division, located at 114 West Lyon Street by repealing the existing conditional use permit and approving a conditional use permit for a tire shop. The Planning and Zoning Commission recommended approval of the conditional use permit.
2006-0-161 Amending Ordinance No. 97-0-058 authorizing a Conditional Use Permit for a truckltrailer rental center (Uhaul dealer) on Lot 2, Block 8, McPherson Acres Development Subdivision Unit II, located at 1613 Calle Del Norte to include a paint and body shop. The Planning and Zoning Commission recommended approval of the conditional use permit.
2006-0-1 62 Amending the Zoning Ordinance Map of the City of Laredo by authorizing a Conditional Use Permit for a snack bar on Lot 6, Block 233, Eastern Division, located at 320 Mier Street. The Planning and Zoning Commission recommended approval of the zone change.
2006-0-1 63 Amending the Zoning Ordinance Map of the City of Laredo by rezoning 67.16 acres, as further described by metes and bounds in attached Exhibit "A, located on the west side of Bob Bullock Loop North of Winfield Parkway, from R-I (Single-Family Residential District) to B-3 (Community Business District). The Planning and Zoning Commission recommended approval of the zone change.
2006-0-164 Amending the Zoning Ordinance Map of the City of Laredo by rezoning 83.10 acres, as further described by metes and bounds in attached Exhibit "A, located on the west side of Bob Bullock Loop north of Winfield Parkway, from R-I (Single Family Residential District) to R-1A (Single Family Reduced Area District). The Planning and Zoning Commission recommended approval of the zone change.
2006-0-165 Amending the Zoning Ordinance Map of the City of Laredo by rezoning 29.7 acres, as further described by metes and bounds in attached Exhibit "A, located on the southeast corner of Bob Bullock Loop and lnternational Boulevard, from AG (Agricultural District) to B-3 (Community Business District). The Planning and Zoning Commission recommended approval of the zone change.
2006-0-1 66 Amending the Zoning Ordinance Map of the City of Laredo by rezoning 19.4 acres, as further described by metes and bounds in attached Exhibit "A," located on the south side of Bob Bullock Loop east of lnternational Boulevard, from AG (Agricultural District) to B-3 (Community Business District). The Planning and Zoning Commission recommended approval of the zone change.
2006-0-167 Amending the Zoning Ordinance Map of the City of Laredo by rezoning 4.5 acres, as further described by metes and bounds in attached Exhibit "A", located on the south side of Bob Bullock Loop east of lnternational Boulevard, from AG (Agricultural District) to 8-4 (Highway Commercial District). The Planning and Zoning Commission recommended approval of the zone change.
2006-0-1 68 Amending the Zoning Ordinance Map of the City of Laredo by rezoning 2.62 acres, as further described by metes and bounds in attached Exhibit "A," located on the south side of Bob Bullock Loop east of lnternational Boulevard, from AG (Agricultural District) to 8-3 (Community Business District). The Planning and Zoning Commission recommended approval of the zone change.
2006-0-169 Amending ordinance No. 2002-0-142 authorizing a Special Use Permit for mini storage/warehousing, on 2.78 acres, as further described by metes and bounds in attached Exhibit "A, located at 7819 East Country Drive, by revising the site plan. The Planning and Zoning Commission recommended approval of the zone change.
2006-0-170 Amending the Zoning Ordinance Map of the City of Laredo by rezoning Lot 1, Block 1, Country Club Estates Subdivision, located at 391 1 Casa Blanca Road, from R-I (Single Family Residential District) to R-2 (Multi-Family Residential District). The Planning and Zoning Commission recommended denial of the zone change.
2006-0-1 71 Amending the Land Development Code, as follows: Section 24-92.4 (Procedures - Notices, Hearing, Recommendation of Planning and Zoning Commission and action of City Council) Paragraph (4), to reconcile the 200 foot notification requirement to surrounding property owners in accordance with state law; providing for publication and effective date. The Planning and Zoning Commission recommended approval of the ordinance amendment.
2006-0-172 Authorizing the City Manager to accept $51,000.00 in contributions for the 2006 Washington trip and amend the City of Laredo Fiscal Year 2006 Convention and Visitors Bureau Annual Budget as follows: increase revenue appropriations in the amount of $1 1,000.00 (excess of original budget) and expenditures in the amount of $31,002.00 ($1 1,000.00 from contributions and $20,002.00 from designated fund balance).
2006-0-1 73 Authorizing the City Manager to accept monetary reimbursement from the State of Texas, Attorney Generals Ofice for partial expenses incurred by the City of Laredo Police Department in order to process evidence involving sexual assault victims and that the City of Laredo's Fiscal Year 2005 - 2006 Budget is hereby amended by increasing revenues and expenditures in the amount of $25,000.00. Funding will be used to partially pay for the examination for sexually assaulted victims. The City of Laredo will receive approximately $25,000.00 annually. 2006-0-174 Accepting a grant in the amount of $10,000.00 from the Texas Department of Transportation for enforcement of Impaired Driver Mobilization during the Labor Day Holiday Crackdown and amending the City of Laredo's Fiscal Year 2005 - 2006 Annual Budget in the amount of $10,000.00. This grant is for overtime salaries, including fringe benefits, and is funded 100 % by the Texas Department of Transportation.
2006-0-175 Amending the City of Laredo 2005 - 2006 Annual Budget in the amount of $624,763.00 to fund the Laredo Autotheft Task Force and accepting an award in the amount of $346,000.00 from the Texas Automobile Theft Prevention Authority. The City of Laredo will be designating $245,839.00 in matching funds, and Webb County will be designating $32,924.00 in matching funds for a total of $624,763.00. This grant is effective from September 1,2006 through August 31,2007.
2006-0-176 Amending the City of Laredo Code of Ordinances Chapter 2-Administration, Article Il-Departments, Officers and Employees, Division 6-Pay Administration, Section 2-87.7-Policy, Subparagraph (9); providing for severability and effective date.
X. RESOLUTIONS
34. 2006-R-076 Authorizing the City Manager to enter into and execute an interlocal government agreement between the City of Laredo and United Independent School District for the participation of the City of Laredo Police Department in the School Resource Officer Program. The Laredo Police Department will provide ten (10) officers that will be assigned to various middle and high schools for the 2006 - 2007 school year.
35. 2006-R-078 Authorizing the City Manager to execute an Interlocal Agreement between the City of Encinal and the City of Laredo for the collection of Landfill Fees for Disposal of Garbage at the City's landfill site at a reduced rate of thirty ($30.00) dollars per ton by the City of Encinal on a daily basis for a one and one-half year term, effective August 2, 2006. XI. MOTIONS
36. Referring the City of Laredo Comprehensive Plan to the Planning and Zoning Commission requiring that a report from the Planning and Zoning Commission with any recommendations be brought back before the City Council before the adoption of the budget, in accordance with Article IX, Section 9.03 of the Charter of the City of Laredo.
37. Calling for a public hearing to be held on September 5, 2006, at the regularly scheduled City Council meeting held at City Hall, 1110 Houston Street at 5:30 p.m.; and authorizing publication of a newspaper advertisement for 10 (ten) consecutive days to inform the general public of the public hearing and that three copies of the Capital Improvements Program are available at the City Secretary's Office and the Laredo Public Library.
38. Authorizing the City Manager to enter into contract and award 2005 HOME lnvestment Partnership Program, Community Housing Development Organization (CHDO) funds made available by the U.S. Department of Housing and Urban Development in the amount of $207,171.00 to the Laredo Webb Neighborhood Housing Services, Inc., (NHS) for the purchase of a minimum of ten (10) residential lots on which affordable single-family housing units will be constructed and be made available to low income first time homebuyers who earn 80% or less of the Housing Area Median Family income (HAMFI).
39. Consideration to award a demolition contract to the lowest bidder, Laredo Environmental Services, LLC, in the amount of $9,800.00 for the demolition of three substandard structures acquired through the Acquisition and Relocation (Monterrey Avenue) Project and the Acquisition Relocation (Highway 359) Project. The demolition consists of substandard structures located at the following addresses: 1010 "/2 Monterrey Avenue, 1014 Monterrey Avenue, and 3020 Willow. Funding is available in the 31'' AY Community Development Block Grant (CDBG).
40. Approving the submission of the 2006 One Year Action Plan to the U.S. Department of Housing and Urban Development in request for funding through the 32nd Action Year Community Development Block Grant (CDBG) in the amount of $3,711,628.00; the 2006 HOME lnvestment Partnerships Program (HOME) in the amount of $1,299,879.00; the 2006 American Dream Down Payment Initiative in the amount of $12,841.00; the 2006 Emergency Shelter Grant (ESG) in the amount of $158,368.00, and authorizing the City Manager to execute all documents as a result of the Plan's submission. 41. Consideration to award contract FY06-106, to the low bidder, Laredo Security, Laredo Texas, or C.W. Security Laredo, Texas, in the estimated annual amount of $279,916.00 for providing security guard services for the Bridge System, City Hall, Health Department, Health WIC, Civic Center, Solid Waste Department, and the Municipal Housing Division. Funding is available in the respective departmental budgets. The contract will be for a period of two (2) years. The City received identical bids of $7.00 per hour for security guard service from Laredo Security and C.W. Security. Lots will be drawn at the City Council meeting to determine which vendor will be awarded the service contract for security guard service.
42. Consideration to award bid number FY06-115 for the purchase of three (3), 8-passenger vans from Columbus Country Ford, Caldwell, Texas in the total amount of $44,280.00; and authorizing the purchase of one (1) medium sized sedan and one (1) extended cab pickup through the Texas Local Government Purchasing Cooperative (Buy Board) contract pricing from Philpott Ford in the total amount of $28,703.00. These vehicles will be assigned to the Bridge Department. The City did secure formal bids from four vendors and these vehicles are being purchased at the best bid pricing utilizing either the Buy Board contract pricing or the FY06-115 bid pricing. Funding is available in the Bridge Department's budget.
43. Consideration to authorize the purchase and installation of modular skate park ramps and amenities for Eastwoods Park from Kraftsman Playground and Park Equipment through the Texas Local Government Purchasing Cooperative (Buy Board) contract pricing in the total amount of $60,821.95. Funding is available in the 2006 C.O. Fund.
44. Refund of property tax in the amount of $643.83 payable to LSI Tax Service due to an overpayment in account #925-10001-070.
45. Approval of the 2006 Appraisal Roll from the Webb County Appraisal District for the development the City's tax roll, acceptance of the effective and rollback tax rate calculations of Tax Year 2006 and setting the first public hearing date on August 28, 2006 for the proposed tax rate of $0.637000/$100.00 value.
46. Authorizing the City Manager to opt out of the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), effective October 1, 2006 through September 30, 2007, as a result of the City currently meeting and exceeding minimum HlPAA benefit provisions.
47. Consideration to award the annual Municipal Court software maintenance contract in the amount of $31,462.00 to Incode. The amount represents a 3% increase over the previous year. The annual software maintenance contract covers the following areas; Acuserver, Cash Collections, HTE interface, Municipal Court applications, and Data Dictionary. Funding is available in the Municipal Court budget.
48. Consideration for approval of acceptance of the Santa Rita Park Phase I, Project 2 (irrigation system, hydro mulch and trees) and approval of final payment in the amount of $3,265.28 to Hollywood Gardens, Inc., Laredo, Texas. Final construction contract amount is $65,305.50. Funding is available in the 27th Action Year 2001-2002 Community Development Block Grant Fund Santa Rita Park.
49. Consideration for approval of acceptance of the Santa Rita Park Phase I, Project 3 (soccer goals, player and referee shelters, park entrance sign and cedar fence) and approval of final payment in the amount of $4,415.50 to Zertuche Construction, Inc., Laredo, Texas. Final construction amount is $88,310.00. Funding is available in the 25thAction Year 1999-2000 Community Development Grant Fund-Santa Rita Park.
50. Consideration for approval to award an engineering contract to Risa Fisher & Associates, Inc., Dallas, Texas, for an amount of $98,800.00 for the design and preparation of plans and specifications for the City of Laredo Biosolids Composting Facility. Funding is available in the Solid Waste Fund.
51. Consideration for approval of acceptance of the City of Laredo Landfill Parking Lot and approval of final payment in the amount of $37,612.43 to Zertuche Construction, Laredo, Texas. Staff recommends 15 days liquidated damages for contract time overrun in the amount of $8,250.00; therefore, the net final payment is $29,362.43. Final contract amount is $752,248.50. Funding is available in the Solid Waste Fund-Retainable Payable Account.
52. Consideration for approval to award a construction contract to Advantage USAA, Inc., Spring Branch, Texas, in the amount of $257,300.00 for the Civic Center re-roofing located at 2400 San Bernardo Avenue. Funding is available in the Capital Improvement Project Fund.
53. Consideration for approval to award a designlbuild contract to Kraftsman Commercial Playground and Water Park Equipment, Spring, Texas, for an amount of: Father McNaboe Splash Park $204,880.00; Seven Flags Splash Park $1 44,996.80; Cecilia Moreno Park (West Lyon Splash Park) $1 67,980.50 ; Funding is available in the Zacate Creek Splash Park at Seven Flags CDBG 29th Action Year12004 Grant; Father McNaboe Splash Park-Parks Capital Grants-Webb County Interlocal Agreement; and LyonlCecilia Moreno Splash Park-CDBG 31 Action Year. 54. Authorizing the City Manager to acquire through negotiations the "Surface Only" of a 13.9131 acre, more or less, parcel of land for the River Vega Land Acquisition Project. Said parcel being situated in Porcion 22, Abstract 277, between the Riverview Estates Subdivision and the Rio Grande River, and is to be acquired in an amount not to exceed $75,000.00, plus approximately $2,500.00 in incidental expenses. This will be a voluntary transaction. Funding is available in the LandILand & Water Rights fund.
55. Consideration to exercise the renewal option for one additional year for contract FY04-069 awarded to Nick Benavides, Laredo, Texas, for providing monthly mowing and maintenance of the Zacate Creek areas. The contract award is being modified to include two additional cutting cycles for a revised contract amount not to exceed $84,196.00. Two extra cuttings will be added to include the area of the waterfall to the end of the Zacate Creek. The original contract includes the collection of trash, debris, rubbish and other floatable material along the creek from Meadow and Canal Streets to the mouth of the river. Funding is available in the Environmental Services Department budget.
56. Consideration to award contract FY 06-087 to the low bidder, Lassen Inc., Austin, Texas, in the total amount of $142,386.00 for the Zacate Creek Wastewater Treatment Plant re-aeration tanks lining project. Funding is available in the Utilities Department-Wastewater Division budget.
57. Consideration for acceptance of the Santa Clara 24" sanitary sewer line and approval of final payment to Price Construction, Ltd., Big Spring, Texas in the amount of $90,791.85. The total contract amount is $383,012.50. Funding is available in the 1998 Sewer Bond.
58. Consideration to award supply contract number FY06-111 to the low bidder National Waterworks, San Antonio, Texas in the base amount of $1 10,990.56 for the purchase of rubber couplings and fittings to use for wastewater applications for the Utilities Department. This will be a sixty (60) day supply contract with an option to extend for an additional sixty days. These materials will be purchased on an as needed basis by the Utilities Department wastewater operations for construction and repair projects. Funding is available in the Utilities Department budget.
59. Consideration to award supply contract number FY06-110 to the low bidder, National Waterworks, San Antonio, Texas in the estimated amount of $250,000.00 for the purchase of PVC pipe used by the Utilities Department. This will be a sixty (60) day supply contract with an option to extend for an additional sixty (60) days. These materials are purchased on an as needed basis for construction and repair projects. The City received a lower bid from Ferguson Waterworks, Mission, Texas; however, this vendor has submitted a letter withdrawing their bid because they submitted bids on the wrong grade of PVC pipe. Funding is available in the Utilities Department budget.
60. Accepting the U.S. 831SH 359 Utility Relocations; and approving final payment in the amount of $47,306.14 to J. Solis Maintenance & Welding Service, Laredo, Texas, for a total, final contract amount of $294,038.44. Further, approving change order #I in the amount of a net decrease of $28.56 and extending the contract period by 90 working days for a total of 150 working days. Funding for the final payment will come from the Retainage Payables accounts and the 1998 Water Bond.
61. Approving amendment no. 6 to a contract with Foster Engineering, Company, Laredo, Texas in the amount of $12,575.00 to redesign planslprofiles for streets in Pueblo Nuevo Wastewater Collection and Water Distribution Improvements Project in the total amount of $525,913.00 and is subject to the approval of the TWDB. Funding is available in the Colonias Project fund.
62. Ratify and approve action taken by the City Manager on June 5, 2006 to authorize an emergency purchase order in an amount not to exceed $44,000.00 to Fergusson for the purchase of fittings, valves and fire hydrants for the construction of the 16" water line along FM1472 from San Gabriel to the Mines Road elevated storage tank.
63. Approval of change order #I to Jimmy Closner and Sons Construction Co., Inc., Mercedes, Texas, deducting the amount of $4,337.50, for the construction of the Mines Road Work Order #2 - Water Main and Pump Station Project, subject to the approval of the TWDB; and extending the contract time for an additional 409 calendar days. The revised contract amount is $1,992,215.75. The new construction time including this change order will be 739 calendar days. Funding is available in the Colonias Project Fund and Water Works Fund.
64. Adopting the state and federal legislative agendas.
65. Authorizing the City Manager to enter into contract with the consulting firms named below for intergovernmental, informational, and advocacy services to be provided to the City of Laredo during the period of October I,2006 through September 30, 2007. Funding is available in the General Fund Purchased Professional Services Account and the Laredo Bridge System Fund. The annual Washington, D.C. reception expenses will be reimbursed by private sector sponsorships. Miller Van Eaton, P.L.L.C., Washington, D.C., in the amount of $90,000 plus out of pocket expenses not to exceed $1 1,550 and up to $30,000 for expenses to be incurred for the annual Washington, D.C. reception; for a total contract amount of $1 31,550; Government Relations Consultants, Oakton, Virginia, in the amount of $90,000.00 plus travel and other out of pocket expenses that must be pre-approved, said expenses not to exceed an agreed upon amount; Baker Botts, LLP, Austin, Texas in the amount of $74,000, plus out of pocket expenses not to exceed $5,000.00 and that must be pre- approved; McWilliams & Associates, Austin, Texas, in the amount of $60,000; and Infrastructure Solutions, Inc., Austin, Texas, in the amount of $120,000, plus travel expenses that must be pre-approved said expenses not to exceed an agreed upon amount. All contract awards are contingent upon approval of the 2006-2007 annual budget.
XII. STAFF REPORTS
A. Presentation by Mr. Wayne Belzer of the International Boundary and Water Commission (IBWC), regarding the Clean Rivers Program and water quality of the Rio Grande.
B. Status report on the water and sewer line extensions for Highway 359 Colonias Project.
C. Presentation by Dan Migura, Human Resources Director, regarding the retirement status of United Water employees re-employed by the City of Laredo.
D. Committee report on third party funding procedure and funding recommendations, with possible action.
XIII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS
A. Request by Mayor Raul G. Salinas 1. Discussion with possible action on support for the FirelPolice Civil Service Program.
B. Request by Council Member Mike Garza 1 Discussion with possible action on utilities disconnects. C. Request by Council Member Hector J. Garcia 1. Discussion with possible action on a traffic study and installation of a traffic signal at the intersection of New Port Street and Clark Boulevard at the Eastwoods subdivision.
D. Request by Council Member Dr. Micheal Landeck 1. Discussion with possible action for the approval of a redesign of the Slaughter Park in which the three (3) soccer fields and the Championship Soccer field components remain as planned.
E. Request by Council Member Johnny Amaya 1. Status report on the installation of shades at various parks, with possible action.
F. Request by Council Member Gene Belmares 1. Discussion with possible action on removing the bushes and installing pavers along the median beginning at the intersection of San Dario and Del Mar Boulevard.
2. Discussion with possible action on installing a valley gutter at Lyles Loop.
G. Request by Council Member Juan Chavez 1. Discussion with possible action on developing an ordinance to prohibit farm, construction, industrial and warehouse machinery and/or motorized equipment from using public streets (i.e. forklifts, backhoes, mowers etc.) The ordinance should allow for exceptions when machinery or equipment is assigned to a worksite in the immediate area and uses the public street.
2. Report on the number of traffic citations issued to truck drivers that violate the No Truck Zone along Mines Road between Bristol Road and Big Bend Blvd., with possible action.
3. Discussion with possible action on purchasing a voting system for the City Council meetings.
4. Discussion with possible action on creating a No ParkingITow Away Zone on Tesoro Plaza, north of West Calton Rd. and ending at the Fireman's Union Hall.
H. Request by Mayor Pro-Tempore Juan Ramirez 1. Discussion with possible action on a proposal that the City Fleet Division maintain El Metro buses.
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.
68. Request for Executive Session pursuant to Texas Government Code Section 551.072 in order to deliberate on the value and the possible sale of real property near the Laredo International Airport, 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 on conducting a public sale to dispose of an approximate 88.6913-acre tract of non-aeronautical use land located on the east side of Bob Bullock Loop fronting the Laredo International Airport Passenger Terminal together with lease encumbrance by a lease agreement with Laredo Town Center, L. P.
XV. RECESS AS THE LAREDO ClTY COUNCIL AND CONVENE AS THE LAREDO MASS TRANSIT BOARD
69. Authorizing the City Manager to apply for State Public Transportation funds in the amount of $634,934.00 with the Texas Department of Transportation which is authorized to distribute State funds for Transit capital and operating assistance in urbanized areas under 200,000 in population.
XVI. RECESS AS THE LAREDO MASS TRANSIT BOARD AND CONVENE AS THE LAREDO MUNICIPAL HOUSING CORPORATION
70. Public hearing and introductory ordinance authorizing the Laredo Municipal Housing Corporation (LMHC) to establish and charge rental amounts at the Jose Flores Apartment Complex as follows: 2 bedroom units at $444.00; 3 bedroom units at $570.00; and 4 bedroom units at $661.00. The deposit amounts for new tenants on or after October 1, 2006 will be established the same as the monthly rental amount.
XVII. RECESS AS THE LAREDO MUNICIPAL HOUSING CORPORATION AND RECONVENE AS THE LAREDO ClTY COUNCIL XVIII. 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 ail times. Said notice was reposted on Wednesday, August 11, 2006 at 5:40 p.m.
k&ev BACKGROUND: The Texas Department of State Health Services (TDSHS) has contracted with the City of Laredo to provide public health services to residents of Laredo and Webb County through the City of Laredo Health Department. The TDSHS has awarded $145,540 to purchase equipment to enhance the current City of Laredo Health Department Bioterrorism Laboratory to the completion of the Laboratory Response Network (LI2N) and receipt of Bio Safety Laboratory - 3 (BSL-3) certification. This will provide technical and scientific support to the Office of Border Health - Lab to enhance the ability to detect and respond to a Bioterrorism event, such as the release of an agent or the confirmation of Pandemic Flu, along the international border between Mexico and the State of Texas. (See attached equipment List). FINANCIAL: The City of Laredo will receive $145,540 from TDSHS to the Office of Border Health-Lab of the City of Laredo Health Department for the period beginning July 1, 2006, through December 31, 2006. The revenue account is 226-0000-323-4091 and the expenditure division is 226-6003. BUDGET ON NEXT PAGE RECOMMENDATION: STAFF: Recommends that Council introduce the ordinance. TDSHS -Office of Border Health for Public Health Preparedness and Epidemiology Program 226-6003 BUDGET REVENUES TDSHS GRANT REVENUE EXPENSES PERSONNEL c n FRINGE BENEFITS SUPPLIES 3,568 CONTRACTUAL 0 OTHER 0 SUB-TOTAL 145,540 INDIRECT CHARGES * See approved equipment list on next page TDSHS -Office of Border Health for Public Health Preparedness and Epidemiology Program 226- 6003 EQUIPMENT LIST Item Description No. of Unit Cost Extension Units 001 Autoclave (for inside BSL-3), Model Systec ELV by Vendor: Microbiology International 1 $15,000 $15,000 002 Centrifuge, high speed microcentrifuge 1 2,000 2,000 003 Centrifuge, Refrigerated - Model: 5810R, 115V 60 Hz Max speed 14000rpm- Vendor: Eppendorf 1 8,500 8,500 004 Digital Dry Bath Heat Block with 2 block (x2) - Model: 1262 1-088 - Vendor: VWR 2 750 750 005 Adventurer Analytical Scale AV64 1 1,156 1,156 006 New Brunswick Scientific Excella E24fE24R Bench Top Shakers 1 4,437.33 4,437.33 007 Incubator 37C with C02 1 6,000 6,000 008 Incubator 42C 1 2,000 2,000 009 Incubator 25C 1 2,000 2,000 01 0 Waterbath 1 500 5 00 01 1 Pipettors (.O1 microliter - 1 rnl range) x 3 sets - Model 510, 2-20,lO- 100, 20-200, 100-1000 microliter - Vendor: Eppendorf 2 100 series 3 1,000 3,000 012 Multichannel pipettor (.2 ml8 or 12 channel) x 2 - Model 200 microliter- Vendor: Eppendorf 2 500 500 0 13 Mini Vidas - Vendor: Biomeriux 1 40,000 40,000 0 14 Shalung Incubator 37C 1 3,700 3,700 01 5 Stomacher 80 Biomaster-Model030010019 - Vendor: Brinkman 1 5,000 5,000 016 BAX kitsfmedia - Vendor: DuPont 1 8,478 8,478 017 BAX 47 - Vendor: DuPont 1 37,700 37,700 I I I I 1 Totals 1 $141,971.93 ORDINANCE AMENDING THE CITY OF LAREDO FY 2005-2006 BUDGET BY APPROPRIATING REVENUES AND EXPENDITURES IN THE AMOUNT OF $145,540.00 IN FUNDS FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR THE OFFICE OF BORDER HEALTH-LAB OF THE CITY OF LAREDO HEALTH DEPARTMENT FOR THE PERIOD BEGINNING JULY 1,2006, THROUGH DECEMBER 31,2006. WHEREAS, the Texas Department of State Health Services is contracting 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 TDSHS has awarded $145,540 to purchase equipment to enhance the current City of Laredo Health Department Bioterrorism Laboratory to the completion of the Laboratory Response Network (LRN) and receipt of Bio Safety Laboratory - 3 (BSL-3) certification. This will provide technical and scientific support to the Office of Border Health-Lab to enhance the ability to detect and respond to a Biotenorism event, such as the release of an agent or the confirmation of Pandemic Flu, along the international border between Mexico and the State of Texas. (See attached 1 equipment List). WHEREAS, this grant does not include funds for personnel. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The City Manager is hereby authorized to amend the City of Laredo FY 2005-2006 budget by appropriating revenues and expenditures in the amount of $145,540 in funds from the Texas Department of State Health Services-Office of Border Health for the Public Health Preparedness and Epidemiology Program of the City of Laredo Health Department for the period beginning July 1,2006, through December 3 1,2006. Section 2: Revenue line item 226-0000-323-4091 fimded by the Texas Department of Health is hereby increased by $145,540. Section 3: Expenditure division 226- 6003 is hereby increased by $145,540. Section 4: These funds in the amount of $145,540 are being awarded for the purpose of purchasing TDSHS approved laboratory equipment, and supplies. 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 Texas Department of State Health Services to meet the necessary costs to accomplish the scope of work for the program. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS DAY OF ,2006. HON. RAUL G. SALNIAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: Jaime L. Flores City Attorney ERNEST0 GARCIA ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION DATE: I SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE Amending the City of Laredo FY 2005-2006 annual budget by appropriating 08/14/2006 revenues and expenditures in the amount of $70,000.00 in funds from The Texas Commission on Environmental Quality (TCEQ) to continue the operation of the two (2) continuous air monitoring stations (CAMS) by the City of Laredo Health Department for the term period beginning September 1,2006, through August 3 1, 2007. INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy City Manager Health Director PREVIOUS COUNCIL ACTION: On June 19, 2006, Council approved Resolution 2006-R- 066 accepting a contract from TCEQ for the Health Department in the amount of $70,000, for the term from September 1,2006 through August 3 1, 2007. 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 are 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 hternational Bridge #2. The City of Laredo Health Department has been monitoring the CAMS stations at regularly scheduled intervals, and will continue operating the stations providing adequate and appropriate staff which have been trained by TCEQ, and are capable of operating and performing light maintenance on meteorological hardware and electronic monitoring equipment. The Department will operate and maintain the air monitoring stations according to TCEQ current Quality Assurance Project Plan. The TCEQ will monitor the station data output on a continuous basis via telephone modem. The purpose of the continuous air monitoring stations is to provide valuable base line information and date regarding the air quality in this area. To date the data indicates that although there have been some atmospherical changes at different intervals; there have not been any significant abnormal levels of air contaminants to declare non-attainment of air quality standards. BUDGET AND PERSONNEL ON NEXT PAGE FINANCIAL: The City of Laredo will receive $70,000.00 from the Texas Commission on Environmental Quality for the City of Laredo Health Department for the term beginning September 1, 2006 to August 31, 2007. The revenue account for this project is 226-0000-323- 1103, and the expenditure division is 226-72 19. RECOMMENDATION: STAFF: Recommends that Council introduce the ordinance. Texas Commission on Environmental Quality (TCEQ) , Contract-September 1,2006 to August 3 1, 2007 226-72 19 BUDGET REVENUES I I GRANT REVENUE $ 70,000 PROGRAM INCOME A TOTAL REVENUES 70,000 EXPENSES PERSONNEL ORDINANCE AMENDING THE CITY OF LAREDO FY 2005-2006 ANNUAL BUDGET BY APPROPRIATING REVENUES AND EXPENDITURES IN THE AMOUNT OF $70,000.00 IN FUNDS FROM THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) TO CONTINUE THE OPERATION OF THE TWO (2) CONTINUOUS AIR MONITORING STATIONS (CAMS) BY THE CITY OF LAREDO HEALTH DEPARTMENT FOR THE TERM PERIOD BEGINNING SEPTEMBER 1, 2006, THROUGH AUGUST 31,2007. WHEREAS, the Texas Commission on Environmental Quality (TCEQ) has contracted with the City of Laredo to provide two continuous air monitoring stations (CAMS) which are 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 for the term of the contract, to reimburse the City of Laredo for the operation of the three CAMS stations; and 1 WHEREAS, the City of Laredo Health Department has been monitoring the CAMS stations at regularly scheduled intervals, and will continue operating the stations providing adequate and appropriate staff which have been trained by TCEQ, and are capable of operating and performing light maintenance on meteorological hardware and electronic monitoring equipment. The Department will operate and maintain the air monitoring stations according to TCEQ current Quality Assurance Project Plan. The TCEQ will monitor the station data output on a continuous basis via telephone modem. WHEREAS, this contract includes 1.5 full equivalent positions ( 1 FTE a Sanitation Inspector I1 and .5 FTE a Sanitarian I). NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The City Manager is hereby authorized to amend the City of Laredo FY 2005-2006 annual budget by appropriating funds in the amount of $70,000.00 from the Texas Commission on Environmental Quality (TCEQ) 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, 2006, through August 31, 2007, with 1.5 full time equivalent positions. Section 2: Revenue line item 226-0000-323-1 103 funded by the Texas Commission on Environmental Quality is hereby increased by $70,000.00. Section 3: Expenditure division 226-72 19 is hereby increased by $70,000.00. Section 4: The City Manager is hereby authorized to make transfers within the budget to meet the necessary costs to accomplish the scope of work for the project. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS DAY OF ,2006. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME L. FLORES CITYo/-- ATTORNE Ernesto A. Garcia Assistant City Attorney COUNCIL COMMUNICATION ( DATE: 1 SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE Amending the City of Laredo FY 2005-2006 annual budget by appropriating 08/14/2006 revenues and expenditures in the amount of $390,256.00 in funds from the Texas Department of State Health Services, which includes $42,300.00 from an estimated Program Income for the Maternal and Child Health (MCH-Title V) Program of the City of Laredo Health Department for the period September 1, 1 2006, through August 3 1,2007. INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy City Manager Health Director PREVIOUS COUNCIL ACTION: On September 6, 2005, Council approved Ordinance No. 2005-0-21 1 for $384,653 in funds from the TDSHS and from Program Income for the Maternal and Child Health (MCH-Title V) Program of the Health Department for the period September 1, 2005, through August 3 1,2006. BACKGROUND: The Texas Department of State Health Services (TDSHS) has contracted with the City of Laredo to provide public health services to residents of Laredo and Webb County through the City of Laredo Health Department. The Maternal and Child Health (MCH-Title V) Program provides, at a minimum, the following services to eligible women and children: prenatal, preventive, and primary child health, dysplasia, and dental services (for children and adolescents). The program will bill Title V or Medicaid for all Medicaid eligible services; will ensure that all program income generated through Medicaid be used to expand and enhance women and children's health services. I BUDGET AND PERSONNEL ON NEXT PAGE. 1 FINANCIAL: The City of Laredo will receive $347,956.00 in Fee-For-Service funds from TDSHS for the MCH-Title V Program and an estimated $42,300.00 from Program Income of the City of Laredo Health Department for the period beginning September 1, 2006, through August 31, 2007. The revenue account is 226-0000-323-4034 and expenditure divisions are 226-6022 and 226-6020. The Revenue accounts for the Program Income is 226-0000-355-4080+$24,000, 226-0000-376-040 1=$18,000, and 226-0000-0402=$300. RECOMMENDATION: STAFF: Recommends that Council introduce the ordinance. MCH-Title V - FY 2006-07 226-6022 and 6020 > BUDGET PERSONNEL PERSONNEL CURRENT PROPOSED APPROVED BUDGET 226-6022 TOTAL 7.44 -0.55 6.8 * Change in FTEs effective October 1,2006. ORDINANCE AMENDING THE CITY OF LAREDO FY 2005-2006 ANNUAL BUDGET BY APPROPRIATING REVENUES AND EXPENDITURES IN THE AMOUNT OF $390,256.00 IN FUNDS FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES, WHICH INCLUDES $42,300.00 FROM AN ESTIMATED PROGRAM INCOME FOR THE MATERNAL AND CHILD HEALTH (MCH-TITLE V) PROGRAM OF THE CITY OF LAREDO HEALTH DEPARTMENT FOR THE PERIOD SEPTEMBER 1, 2006, THROUGH AUGUST 31,2007. WHEREAS, the Texas Department of State Health Services (TDSHS) has contracted with the City of Laredo to provide public health services to residents of Laredo and Webb County through the City of Laredo Health Department; and WHEREAS, the Maternal and Child Health (MCH-Title V) Program provides, at a minimum, the following services to eligible women and children: prenatal, preventive, primary child health, dysplasia, and dental services (for children and adolescents); and WHEREAS, the program will bill Title V or Medicaid for all Medicaid eligible 1 services; will ensure that all program income generated through Medicaid be used to expand and enhance women and children's health services. WHEREAS, this contract includes under MCH Title V funds for 6.80 full time equivalent positions (FTEs) and the amount of $40,000.00 for a dentist in contractual services. Because of limited resources, we have chosen a contractual position to serve the indigent children population NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The City Manager is hereby authorized to amend the City of Laredo FY 2005- 2006 annual budget by appropriating revenues and expenditures in the amount $347,956.00 in funds from the Texas Department of State Health Services and $42,300.00 in Program Income for the Maternal and Child Health (MCH-Title V) Program of the City of Laredo Health Department, with 6.80 full time equivalent positions for the period beginning September 1,2006, through August 3 1, 2007. Section 2: Revenue line item 226-0000-323-4034 funded by the TDSHS is increased by $347,956.00. The Revenue accounts for the Program Income is 226-0000-355- 4080+$24,000,226-0000-376-040 1=$18,000, and 226-0000-0402=$300. ,) Section 3: Expenditure division 226-6022 is increased by $350,256 and 226-6020 by $40,000. Section 4: The City Manager is hereby authorized to make transfers within the budget as allowable under the Special Coiltract Provisions and General Provisions of the contract with TDSHS to meet the necessary costs to accomplish the scope of work for the program. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS DAY OF ,2006. HON. RAUL G. SALINAS MAYOR ATTEST: ) GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: Jaime L. Flores, City Attorney ERNEST0 A. GARCIA, ASSISTANTCITY ATTORNEY COUNCIL COMMUNICATION DATE: I SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE Amending the City of Laredo FY 2005-2006 annual budget by appropriatinl 08/14/2006 revenues and expenditures in the amount of $157,886.00 in funds from the Texa: Department of State Health Services, which includes $23,544.00 from a1 estimated Program Income for the La Farnilia Health Care Program of the City o Laredo Health Department for the period beginning September 1, 2006, througl August 3 1,2007. INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy City Manager Health Director PREVIOUS COUNCIL ACTION: On September 19, 2005, Council approved Ordinanct 2005-0-232 for $1 34,342 from the Texas Department of State Health Services for the La Famili: Health Care Program of the City of Laredo Health Department for the period of September 1 2005, through August 3 1, 2006. BACKGROUND: The Texas Department of State Health Services has contracted with the City of Laredo tc provide public health services to over 468 residents of Laredo and Webb County through thc City of Laredo Health Department. The La Fanlilia Health Care Program provide: comprehensive health services targeted at the family unit, which is considered to be morc effective than an individual patient approach. The program focuses on the provision of direct medical and preventive health services througf intensive case management of the family or family member at risk of three of the leading chronic diseases our area - diabetes, hypertension and heart disease. FINANCIAL: The City of Laredo will receive $ 134,342 from the Texas Department of State Health Services and an estimated $23,544 from Program Income for the La Falnilia Health Care Program of the City of Laredo Health Department for the period beginning September 1, 2006, through August 3 1, 2007. The revenue account is 226-0000-323-4036 and expenditure division is 226-6023. The revenue accounts for the Program Income are 226-0000-376-0601 = $19,008, and 226-0000-376-0602 = $4,536. RECOMMENDATION: STAFF: Recommends that Council introduce the ordinance. LA FAMILIA HEALTH CARE PROGRAM 226-6023 BUDGET - PERSONNEL * Change to FTEs effective October 1,2006 ORDINANCE AMENDING THE CITY OF LAREDO FY 2005-2006 ANNUAL BUDGET BY APPROPRIATING REVENUES AND EXPENDITURES IN THE AMOUNT OF $157,886.00 IN FUNDS FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES, WHICH INCLUDES $23,544 FROM AN ESTIMATED PROGRAM INCOME FOR THE LA FAMILIA HEALTH CARE PROGRAM OF THE CITY OF LAREDO HEALTH DEPARTMENT FOR THE PERIOD BEGINNING SEPTEMBER 1, 2006, THROUGH AUGUST 31,2007. WHEREAS, the Texas Department of State Health Services has contracted with the City of Laredo to provide public health services to residents of Laredo and Webb County through the City of Laredo Health Department; and WHEREAS, the Health Department's La Familia Health Care Program provides comprehensive health services to over 468 patients targeting the family unit, which is considered to be more effective than an individual patient approach. The program focuses on the provision of direct medical and preventive health services through intensive case management of the family or family member at risk of three of the leading chronic diseases our area - diabetes, hypertension and heart disease. WHEREAS, this grant includes funds for 1.5 full time equivalent positions. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The City Manager is hereby authorized to amend the City of Laredo FY 2005-2006 annual budget by appropriating revenues and expenditures in the amount $134,342 in funds from the Texas Department of State Health Services and $23,544 in Program Income for the La Familia Health Care Program, and 1.5 full time equivalent positions of the City of Laredo Health Department for the period beginning September 1, 2006, through August 3 1,2007. Section 2: Revenue line item 226-0000-323-4036 funded by the Texas Department of State Health Services is increased by $134,342. The revenue accounts for the Program Income are 226-0000-376-060 1 = $19,008, and 226-0000- 376-0602= $4,536. Section 3: Expenditure division 226-6023 is increased by $157,886. Section 4: The City Manager is hereby authorized to make transfers within the budget as allowable under the General Provisions of the existing general contract with the Texas Department of State Health Services to meet the necessary costs to accomplish the scope of work for the program. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS DAY OF ,2006. HON. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: Jaime Flores City Attorney ERNEST0 A. GARCIA ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE Amending the City of Laredo FY 2005-2006 annual budget by appropriating 08/14/2006 revenues and expenditures in the amount of $61,068.00 in hnds fkom the Texas Department of State Health Services for the Title V Family Planning Services of the City of Laredo Health Department for the term from September 1, 2006 through August 3 1,2007. INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy. City Manager Health Director PREVIOUS COUNCIL ACTION: On July 3,2006, Council approved Ordinance 2006-0-148 for $30,000 additional funds, for a total amount of $64,678 froi TDSHS for the Title V Family Planning Services of the Health Department for the term from January 1, 2006 to August 31, 2006. The Texas Department of State Health Services has contracted with the City of Laredo to provide public health services to residents of Laredo and Webb County through the City of Laredo Health Department. The Title V Family Planning Services will provide or assure the provision of family planning services for Title V eligible clients. BUDGET/PERSONNEL CONTINUED ON NEXT PAGE FINANCIAL: The City of Laredo will receive $61,068.00 in funds fkom the Texas Department of State Health Services for the Title V Family Planning Services of the City of Laredo Health Department, for the term period from September 1,2006, through August 3 1, 2007. The revenue account is 226-0000-323-4087 and expenditure division is 226-6021. RECOMMENDATION: STAFF: Recommends that Council introduce the ordinance. Title V Family Planning Budget FY 2006- 2007 ACC~NO. 226-6021 'j BUDGET PERSONNEL SALARY ALLOCATION * Change in FTEs is effective October 1,2006. ORDINANCE AMENDING THE CITY OF LAREDO FY 2005-2006 ANNUAL BUDGET BY APPROPRXATING REVENUES AND EXPENDITURES IN THE AMOUNT OF $61,068.00 IN FUNDS FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR THE TITLE V FAMILY PLANNING SERVICES OF THE CITY OF LAREDO HEALTH DEPARTMENT FOR THE TERM FROM SEPTEMBER 1,2006 THROUGH AUGUST 31,2007. WHEREAS, the Texas Department of State Health Services (TDSHS) has contracted with the City of Laredo to provide public health services to residents of Laredo and Webb County through the City of Laredo Health Department; and WHEREAS, the Title V Family Planning Services will assure the provision of family planning services for Title V eligible clients, term period from September 1,2006 through August 3 1, 2007. WHEREAS, this grant includes funds for one (1) Full-Time Equivalent Position. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The City Manager is hereby authorized to amend the City of Laredo FY 2005-2006 annual budget by appropriating revenues and expenditures in the amount $61,068.00 in hnds from the Texas Department of State Health Services for the Title V Family Planning Services of the City of Laredo Health Department, including funds for 1 Full-time Equivalent Position. The period beginning September 1, 2006, through August 3 1, 2007. Section 2: Revenue line item 226-0000-323-4087 funded by the TDSHS is hereby increased by $6 1,068.00. Section 3: Expenditure division 226-6021 is increased by $61,068.00. Section 4: The City Manager is hereby authorized to make transfers within the budget as allowable under the Special Contract Provisions and General Provisions of the contract with TDSHS to meet the necessary costs to accomplish the scope of work for the project. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS DAY OF ,2006. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME FLORES Ernesto A. Garcia, Assistant City Attorney COUNCIL COMMUNICATION DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE Amending the City of Laredo FY 2005-2006 annual budget by appropriating 08/14/2006 revenues and expenditures in the amount of $188,539.00 in funds from the Texas Department of State Health Services, which includes $59,888.00 from an ~ estimated Program Income for the Immunization Action Plan (IAP) Program of the City of Laredo Health Department for the period September 1, 2006, through August 3 1,2007. INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. ~e~ut~City Manager Health Director PREVIOUS COUNCIL ACTION: On September 19, 2005, Council approved Ordinance No. 2006-0-224 in the amount of $175,689 from TDSHS, funds and program income for the Department's Immunization Action Plan (IAP), term September 1,2005 to August 3 1,2006. BACKGROUND: The Texas Department of State Health Services (DSHS) 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 Immunization Action Plan (IAP) Program was developed to meet requirements of the DSHS. It details a community-based strategy for the prevention of future epidemics of measles or other vaccine-preventable diseases. The Health Department's IAP Program has implemented an immunization program for children, adolescents, and adults, with special emphasis on accelerating interventions to improve the immunization coverage of children two years of age or younger (less than 36 months of age) incorporating traditional and non-traditional systematic approaches designed to eliminate barriers, expand immunization delivery, and establish uniform policies. The City of Laredo Health Department will continue to safeguard and maintain 90% immunization levels of protection for preschool-age children and to eradicate vaccine- preventable diseases. Over the last three years we are the only site in the state with 100% coverage. The Health Department will also assess immunization levels in the clinical records of preschool children using the CDC Clinic Assessment Software Application (CASA). The City of Laredo Health Department also adheres to both the spirit and intent of the "Standards for Child and Adolescent Immunization Practices," as recommended by the National Vaccine Advisory Committee, approved by the U.S.P.H.S., and endorsed by the American Academy of Pediatrics for excellence in ilninunization practices. The Health Department plans to provide immunization services two or more evenings per week and on weekends as needed to insure barrier free access to immunization clinics. Residency requirements for vaccine recipients are not applicable to receive services. The Health Department cannot deny vaccine to a recipient because they do not reside within this jurisdiction nor for the inability to pay the approved $4.00 fee. BUDGETIPERSONNEL NEXT PAGE FINANCIAL: The City of Laredo will receive $128,651.00 in funds from DSHS, and a projected amount of $59,888.00 in Program Income for the IAP Program of the City of Laredo Health Department for the period beginning September 1, 2006, through August 3 1, 2007. The revenue account is 226-0000-323-4056, and the revenue accounts for the program income are: 226-0000-355-4050=$30,800, 226-0000-376-01 0 1=$27,995, and 226-0000-376-0 102=$1,093, and expenditure division is 226-6016. RECOMMENDATION: STAFF: Recommends that Council introduce the ordinance. Immunization Action Plan (IAP) Program FY 2006-2007 226-60 16 BUDGET PERSONNET * Pharma ,I ORDINANCE AMENDING THE CITY OF LAREDO FY 2005-2006 ANNUAL BUDGET BY APPROPRIATING REVENUES AND EXPENDITURES IN THE AMOUNT OF $188,539.00 IN FUNDS FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES, WHICH INCLUDES $59,888.00 FROM AN ESTIMATED PROGRAM INCOME FOR THE IMMUNIZATION ACTION PLAN (IAP) PROGRAM OF THE CITY OF LAREDO HEALTH DEPARTMENT FOR THE PERIOD SEPTEMBER 1,2006, THROUGH AUGUST 31,2007. WHEREAS, the Texas Department of State Health Services (DSHS) is contracting 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 Immunization Action Plan (IAP) Program is to prevent, control, and eliminate vaccine-preventable diseases by providing and administering biologicals, promoting immunizations, conducting vaccine-preventable disease surveillance, assessing vaccine coverage levels, and applying principles of epide~niologyand outbreak control measures within budgetary constraints. WHEREAS, IAP Program has implemented an immunization program for children, adolescents, and adults, with special emphasis on accelerating interventions to improve the immunization coverage of children two years of age or younger (less than 36 months of age) incorporating traditional and non-traditional systematic approaches designed to eliminate barriers, expand immunization delivery, and establish uniform policies. The City of Laredo Health Department will continue to safeguard and maintain 90% immunization levels of protection for preschool-age children and to eradicate vaccine-preventable diseases. Over the last three years we are the only site in the state with 100% coverage. The Health Department will also assess immunization levels in the clinical records of preschool children using the CDC Clinic Assessment Sofhvare Application (CASA), and WHEREAS, the City of Laredo Health Department also adheres to both the spirit and intent of the "Standards for Child and Adolescent I~n~nunizationPractices," as recommended by the National Vaccine Advisory Committee, approved by the U.S.P.H.S., and endorsed by the American Academy of Pediatrics for excellence in immunization practices. The Health Department plans to provide immunization services two or more evenings per week and on weekends as needed to insure barrier free access to immunization clinics. Residency requirements for vaccine recipients are not applicable to receive services. The Health Department cannot deny vaccine to a recipient because they do not reside within this jurisdiction nor for the inability to pay the approved $4.00 fee, and WHEREAS, this contract will provide funds in the amount of $128,651 for the Immunization Action Program for the term from September 1, 2006 through August 31, 2007, including 3.65 full time equivalent positions. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE ) CITY OF LAREDO THAT: Section 1: The City Manager is hereby authorized to amend the City of Laredo FY 2005- 2006 annual budget by appropriating revenues and expenditures in the amount of $128,651, from the Texas Department of State Health Services for the Immunization Action Program of the City of Laredo Health Department and grant period September 1, 2005 through August 3 1, 2006, including 3.65 full time equivalent positions. Section 2: Revenue line item 226-0000-323-4056 is increased by $128,65 1. Section 3: The revenue account line items for the Program Income are: 226-0000-355- 4050 = $30,800, 226-0000-376-0101 = $27,995, and 226-0000-376-0102 = $1,093. Section 4: Expenditure division 226-60 16 is increased by $188,539. Section 5: The City Manager is hereby authorized to make transfers within the budget as allowable under the General Provisions as set forth by the Texas Department of State Health Services to meet the necessary costs to accomplish the scope of work for the program. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS DAY OF ,2006. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY By: ERNEST0 GARCIA ? ASST. CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE Amending the City of Laredo FY 2005-2006 annual budget by decreasing the 08/14/2006 grant award amount by $7,291.00 from the Texas Department of State Health 1 Services for the Prevention Services for HN-Infected Persons Project (PSHIP) of the City of Laredo Health Department for a total amount of $104,989.00, for the contract period from January 1, 2006, through December 3 1, 2006. The decrease in funds is due to a reduction in federal funding from the Centers for Disease Control to TDSHS. INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy City Manager Health Director PREVIOUS COUNCIL ACTION: On December 19,2005, Council approved Ordinance No. 2005-0-330 for $5,038 in additional funds, totaling $1 12,280 from TDSHS for the HNPSHP of the City of Laredo Health Department for the period from January 1, 2006 to December 3 1, 2006. BACKGROUND: The Texas Department of State Health Services has contracted with the City of Laredo to provide public health services to residents of Laredo and Webb County through the City of Laredo Health Department. The mission of the Prevention Services for HIV-Infected Persons Project (PSHIP) is to provide effective prevention services to people who have multiple and complex needs which interfere with their ability to adopt and sustain behaviors promoting reduced risk for disease transmission. The priority target populations to be served shall be (1) young men who have sex with men (MSM), especially men of color; (2) intravenous drug users (IDUs); and (3) sex and needle sharing partners of the populations as specified above. FINANCIAL: The City of Laredo will decrease the contract amount by $7,291, from the Prevention Services for HN-Infected Persons Project (PSHIP) of the City of Laredo Health Department, contract period January 1,2006, through December 3 1,2006. The revenue account is 226-0000-323-4088 and the expenditure division is 226-6076. Budget on next page. RECOMMENDATION: STAFF: Recommends that Council to introduce the ordinance. BUDGET PERSONNEL 226-6076 226-6014 L BUDGET I CURRENT I PROPOSED I APPROVED 1 FTEs FTEs FTEs AIDS Proe." Coordinator I 0.08 0 0.08 Case Worker 0.95 0 0.95 1 Health Ed. Assistant 1 0 I 1 Communitv Service Aide I 1 -0.5 0.5 TOTAL 3.03 -0.5 2.53 1 ORDINANCE AMENDING THE CITY OF LAREDO FY 2005-2006 ANNUAL BUDGET BY DECREASING THE GRANT AWARD AMOUNT BY $7,291.00 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES (TDSHS) FOR THE PREVENTION SERVICES FOR HIV-INFECTED PERSONS PROJECT (PSHIP) OF THE CITY OF LAREDO HEALTH DEPARTMENT FOR A TOTAL AMOUNT OF $104,989.00, FOR THE CONTRACT PERIOD FROM JANUARY 1, 2006, THROUGH DECEMBER 31, 2006. THE DECREASE IN FUNDS IS DUE TO A REDUCTION IN FEDERAL FUNDING FROM THE CENTERS FOR DISEASE CONTROL TO TDSHS. WHEREAS, the Texas Department of State Health Services has contracted with the City of Laredo to provide public health services to residents of Laredo and Webb County through the City of Laredo Health Department; and WHEREAS, the mission of the Prevention Services for HW-Infected Persons Project (PSHIP) is to provide effective prevention services to people who have multiple I and complex needs which interfere with their ability to adopt and sustain behaviors promoting reduced risk for disease transmission. The priority target populations to be served shall be (1) young men who have sex with men (MSM), especially men of color; (2) intravenous drug users (IDUs); and (3) sex and needle sharing partners of the populations as specified above, and WHEREAS, the decrease of $7,291 to the HIV-PSHIP project is due to a reduction in federal funds from the Centers for Disease Control to the Texas Department of State Health Services which has affected the awarded funds to Department's program. WHEREAS, this grant includes funds for 2.53 full time equivalent positions. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The City of Laredo accepts the grant award funds decrease of $7,291, due to a reduction in funding from the Texas Department of State Health Services to the Prevention Services for HTV-Infected Persons Project (PSHIP) of the City of Laredo Health Department, term from January 1, 2006 to December 3 1,2006. 1 Section 2: Revenue line item 226-0000-323-4088 is decreased by $7,291. Section 3: Expenditure division 226-6076 is decreased by $7,291. Section 4: The City Manager is hereby authorized to execute the contract and accept the grants and their provisions as set forth by the Texas Department of State Health Services. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS DAY OF ,2006. HON. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY 'I APPROVED AS TO FORM: Jaime L. Flores City Attorney I Assistant City Attorney COUNCIL COMMUNICATION DATE: SUBJECT: Public Hearing and Introductory Ordinance Authorizing the City Manager to accept a $ 4,000.00 grant from the Laredo Rotary Club and amend the City of Laredo Fiscal Year 2005-2006 General 0811 4106 Fund Annual Budget by appropriating revenues and expenditures in the amount of $ 4,000.00 in the form of a donation for the purpose of providing additional improvements for the Santa Rita Park. INITIATED BY: STAFF SOURCE: Horacio De Leon Miguel A. Pescador Assistant City Manager Parks and Recreation Director PREVIOUS COUNCIL ACTION: None BACKGROUND: The Parks and Recreation Department has received a $4,000.00 donation from the Laredo Rotary Club. This donation will be used to purchase needed improvements at the Santa Rita Park. FINANCIAL IMPACT: The General Fund Fiscal Year 2006-2007 budget will be amended as follows: Annual Budget Proposed Amended Budget FY 05-06 Amendment FY 05-06 General Fund: Revenues: Donations $40,700.00 $ 4,000.00 $44,700.00 101-0000-372-1 000 Expenditures: Park and Playground Supplies 10 1-3 11 5-552-0920 $42,655.00 $ 4,000.00 $46,655.00 ' COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Recommends approval INTRODUCTORY ORDINANCE AUTHORIZING THE ClTY MANAGER TO ACCEPT A $ 4,000.00 GRANT FROM THE ' LAREDO ROTARY CLUB AND AMEND THE ClTY OF LAREDO FISCAL YEAR 2005-2006 GENERAL FUND ANNUAL BUDGET BY APPROPRIATING REVENUES AND EXPENDITURES IN THE AMOUNT OF $4,000.00 IN THE FORM OF A DONATION FOR THE PURPOSE OF PROVIDING ADDITIONAL IMPROVEMENTS FOR THE SANTA RITA PARK. WHEREAS the City of Laredo Parks and Recreation Department has the option to add improvements for the recently inaugurated Santa Rita Park; and WHEREAS the City of Laredo has received a grant from the Laredo Rotary Club; and WHEREAS the $4,000.00 donation will be used to purchase additional improvements for the Santa Rita Park. NOW, THEREFORE, BE IT ORDAINED BY THE ClTY COUNCIL OF THE ClTY OF LAREDO THAT: Section 1. Amending the City of Laredo Fiscal Year 2005-2006 as follows: Annual Budget Proposed Amended Budget FY 05-06 Amendment FY 05-06 ) General Fund: Revenues: Donations $40,700.00 $ 4,000.00 $44,700.00 101-0000-372-1 000 Expenditures: Park and Playground Supplies 101 -31 15-552-0920 $42,655.00 $ 4,000.00 $46,655.00 PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006. RAUL SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY 1 BY: ASSISTANT CITY ATTORNEY \. COUNCIL COMMUNICATION DATE: SUBJECT: Public Hearing and Introductory Ordinance Authorizing the City Manager to accept a $ 5,000.00 donation from AT&T and amend the City of Laredo Fiscal Year 2005-2006 General Fund Annual Budget 0811 4/06 by appropriating revenues and expenditures in the amount of $ 5,000.00 in the form of a donation for the sponsorship of the Avery Johnson Summer Camp. INITIATED BY: STAFF SOURCE: Horacio De Leon Miguel A. Pescador Assistant City Manager Parks and Recreation Director PREVIOUS COUNCIL ACTION: None BACKGROUND: The Parks and Recreation Department has received a $5,000.00 donation from AT&T as a contribution for the Avery Johnson Summer Camp. The camp took place on July 2othbenefiting over 700 children attending the Summer Recreation Program throughout the City of Laredo. Funds will be used to reimburse City expense for the camp event. FINANCIAL IMPACT: The General Fund Fiscal Year 2006-2007 budget will be amended as follows: Annual Budget Proposed Amended Budget FY 05-06 Amendment FY 05-06 General Fund: Revenues: Contributions 248-0000-372-1000 $0.00 $ 5,000.00 $ 5,000.00 Expenditures: Instructor Fees 248-3126-553-5574 $0.00 $ 5,000.00 $ 5,000.00 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA Recommends approval I INTRODUCTORY ORDINANCE AUTHORIZING THE ClTY MANAGER TO ACCEPT A $5,000.00 DONATION FROM AT&T AND AMEND THE ClTY OF LAREDO FISCAL YEAR 2005-2006 GENERAL FUND ANNUAL BUDGET BY APPROPRIATING REVENUES AND EXPENDITURES IN THE AMOUNT OF $ 5,000.00 IN THE FORM OF A DONATION FOR THE SPONSORSHIP OF THE AVERY JOHNSON SUMMER CAMP. WHEREAS the City of Laredo Parks and Recreation Department offered a summer camp program by the NBA coach of the Year, Avery Johnson on July 20,2006; and WHEREAS over seven hundred children of our community benefited from Avery Johnson's presentation; and WHEREAS The City of Laredo has received a $ 5,000.00 donation from AT&T to help sponsor such event. NOW, THEREFORE, BE IT ORDAINED BY THE ClTY COUNCIL OF THE ClTY OF LAREDO THAT: Section 1. Amending the City of Laredo Fiscal Year 2005-2006 as follows: Annual Budget Proposed Amended Budget FY 05-06 Amendment FY 05-06 General Fund: Revenues : Contributions 248-0000-372-1000 Expenditures: Instructor Fees 248-31 26-553-5574 PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006. RAUL SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY 1 BY: ASSISTANT CITY ATTORNEY Miguel A. Pescador Tom: ZEPEDA, LUPITA (SWBT) [[email protected]] ~ent: Wednesday, August 02,2006 11 :11 AM To : Miguel A. Pescador Subject: AT&T Check for Avery Johnson Importance: High Mike, We have the check in our McAllen Office, check #5020548003, made out to City of Laredo for $5,000.00, it is being overnight to you today. Any questions, please feel free to call me. Thanks for your patience. Lupita Zepeda AT&T - Regional Manager - External Affairs 5711 McPherson, Rm 204 Laredo, TX 78041 Ofc 956 727-6703 Cell 956 285-6381 Fax 956 727-6813 gz00108att.com COUNCIL COMMUNICATION DATE: SUBJECT: Public hearing and Introductory Ordinance Authorizing the City manager to execute a lease agreement between the City 0811 4/06 of Laredo and Laura Salcedo D.B.A. Hot Dog Express for the use of retail space "Suite B" of the "Mercado Square" located at 1000 Hidalgo Street. The lease term is for two (2) years at a rental rate of seven hundred and eighty two ($782) dollars per month for the first year, increasing on the second year based on the change in the 2006 Consumer Price Index and providing for September Ist, 2006 as effective date. INITIATED BY: STAFF SOURCE: Horacio De Leon Miguel A. Pescador Assistant City Manager Parks and Recreation Department Director PREVIOUS COUNCIL ACTION: City Council approved a two (2) year lease agreement on June 21, 2004 with the final reading of ordinance 2004-0-1 33. BACKGROUND: ,This lease if for the term of two years commencing on September 01,2006 and ending on August 31, 2008. The leased area is to be used solely by Hot Dog Express for the purpose of Retail Food Sales. Hot Dog Express has established a favorable long term relationship with the City of Laredo by being a tenant of El Mercado for over fifteen years and being consistent with timely rental payments. FINANCIAL IMPACT: A total of nine thousand three hundred and eighty four ($9,384) dollars per year will go into the Mercado revenue line item 247-0000-361-1 020. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Staff recommends Approval INTRODUCTORY ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF LAREDO AND LAURA SALCEDO D.B.A. HOT DOG EXPRESS FOR THE USE OF RETAIL SPACE "SUITE B" OF THE "MERCADO SQUARE" LOCATED AT 1000 HIDALGO STREET. THE LEASE TERM IS FOR TWO (2) YEARS AT A RENTAL RATE OF SEVEN HUNDRED AND EIGHTY TWO ($782) DOLLARS PER MONTH FOR THE FIRST YEAR, INCREASING ON THE SECOND YEAR BASED ON THE CHANGE IN THE 2006 CONSUMER PRICE INDEX AND PROVIDING FOR SEPTEMBER IST, 2006 AS EFFECTIVE DATE. WHEREAS, the City of Laredo (LESSOR) currently owns and operates the land pren~isesknown as the Mercado Square, located in Laredo, Webb County, Texas; and WHEREAS, the LESSOR deems it advantageous to itself and to its operation of the Mercado area to lease to LESSEE certain rights, privileges and uses herein as necessary to conduct its business as hereinafter set forth; and WHEREAS for and in consideration of the covenants and mutual agreements hereinafter contained do hereby covenant and agree. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The City Manager is authorized to execute the lease agreement between Laura Salcedo D.B. A. Hot Dog Express and the City of Laredo for the use of 791 square feet of Retail Space known as Suite B of El Mercado Square located at 1000 Houston Street, a copy of which agreement is attached with location shown as "EXHIBIT A". Section 2: This ordinance shall take effect on September 01, 2006. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006. RAUL SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY BY: ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: Public hearing and Introductory Ordinance Authorizing the City manager to execute a five (5) year lease agreement 0811 4/06 between the City of Laredo and the Laredo Amateur Boxing Club, Inc. for the use of the "Orlando and Gaby Canizales Boxing Gym" located at 1610 Guadalupe street for an annual rental fee of one ($1.00) dollar plus 50% share of utility charges and providing for effective date. INITIATED BY: STAFF SOURCE: Horacio De Leon Miguel A. Pescador Assistant City Manager Parks and Recreation Department Director PREVIOUS COUNCIL ACTION: City Council approved a two (2) year contract on May 03, 2004 with the final reading of ordinance 2004-0-95. BACKGROUND: The Laredo Amateur Boxing Club, Inc. has been leasing the Orlando and Gaby Canizales Boxing gym for over ten years in an effort to provide a positive recreational opportunity for the "At Risk" youth of Laredo. As an alternative to juvenile delinquency, the club provides boxing training through volunteer efforts. The Laredo Amateur Boxing Club will provide a 50% share on of utility charges (water, electricity, waste disposal and sewer services) during the 5 year term of the lease. FINANCIAL IMPACT: A total of five ($5.00) dollars reflecting one ($1.00) dollar per year rent will go into the Parks and Recreation revenue line item 101-0000-361 -2000. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Staff recommends Approval , INTRODUCTORY ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE (5) YEAR LEASE AGREEMENT BETWEEN THE CITY OF LAREDO AND THE LAREDO AMATEUR ) BOXING CLUB, INC. FOR THE USE OF THE "ORLANDO AND GABY CANIZALES BOXING GYM" LOCATED AT 1610 GUADALUPE STREET FOR AN ANNUAL RENTAL FEE OF ONE ($1.00) DOLLAR PLUS 50% SHARE OF UTILITY CHARGES AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Laredo Amateur Boxing Club, Inc. provides a positive recreational opportunity for the "At-Risk" youth of Laredo; and WHEREAS, the mission of the Laredo Amateur Boxing Club, Inc. is to provide the youth of Laredo with an alternative to destructive juvenile behavior; and WHEREAS, the Laredo Amateur Boxing Club, Inc. offers youth boxing training as a recreational outlet through volunteer efforts; and WHEREAS, the sport of boxing has developed a large following with the youth of Laredo. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Sectioil 1: The City Manager is authorized to execute the lease agreement between the Laredo Amateur Boxing Club, Inc. and the City of Laredo for the Orlando & Gaby Canizales Boxing Gym located at 1610 Guadalupe Street. Section 2: This ordinance shall take effect as and from the date of passage. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006. 1 RAUL SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY ASSISTANT CITY ATTORNEY CITY OF LAREDO ORLANDO AND GABY CANIZALES BOXING GYM LEASE AGREEMENT This lease agreement is made and entered into by and between THE CITY OF LAREDO, a Municipal Corporation, referred to in this lease as Lessor, and THE LAREDO AMATEUR BOXING CLUB, INC., referred to in this lease as Lessee. In consideration of the mutual covenants and agreements set forth in this lease, and other good and valuable consideration, Lessor does hereby lease to Lessee, and Lessee does hereby lease from Lessor a building situated at 1610 Guadalupe in Laredo, Texas and more commonly known as the "Orlando and Gaby Canizales Boxing Gym" consisting of approximately 1,494 sq. ft. building and adjacent pole barn. I. TERM OF LEASE The term of this lease shall be for a period of five (5) years, effective upon passage of the ordinance created for this purpose. Lessor has the option of terminating the lease at any time during the five (5) year lease. If such option is exercised, the Lessor will give Lessee a sixty (60) day written notice of intent to terminate the lease upon reasonable grounds. 1 11. RENT The Lessee agrees to pay the Lessor as rent for the leased premises a total of one ($1.00) dollar per year for the term of the lease. Rental payment of ($5.00) five dollars for the entire term of the lease shall be made to the City of Laredo by the 4thday of the month following the execution of this agreement. Checks shall be submitted to: City of Laredo Parks and Recreation Department 2201 Piedra China Laredo, Texas 78042 111. USE OF PREMISES The leased premises shall only be used for the purposes listed below. (a) Administrative offices for the Laredo Amateur Boxing Club. (b) Conducting and operating a boxing gymnasium, athletics, and/or other physical recreational activities for the use and benefit of the community. (c) Conducting amateur boxing exhibitions and matches. (d) Conduction boxing instruction. Additionally, the City of Laredo reserves the right to utilize the leased premises for any ') City functions on dates agreeable to both parties that won't conflict with boxing organization's schedules. Lessee may display, stock, and offer to sell, or sell products from automatic vending machines, in, on or from the leased premises with prior notice and approval from Lessor. If at any time the Lessee uses premises for warehouse purposes or ceases to utilize the leased premises for purposes other than those mentioned above, the Lessee will be notified in writing of such discrepancy. If the Lessee does not remedy the discrepancy within five (5) days of the written notification fiom Lessor, the lease will automatically be terminated under Article X "Default" hereof. Lessee and its employees, agents, and servants shall at all times during the term of the lease and any extension hereof be governed by all rules prescribed by Lessor as to the operation and management of the facility. IV. WASTE, NUISANCE AND DELIVERY OF PREMISES Lessor shall, at its own expense risk, maintain the plumbing, heating and air conditioning systems, fire protection and sprinkler systems provided that repairs exceed $300.00 (each occurrence). Lessee shall maintain all windows, main entrance door, and walkways surrounding the facility, including but not limited to repairs and all necessary replacement of these items. Lessee shall maintain premises in a condition that complies with all local, state, and federal laws. Lessor shall not be liable for any violations of any laws or damage to person or property resulting from Lessee's failure to make any repairs or perform any maintenance called for in this section. Lessee shall maintain the leased premises and keep them free fiom waste or nuisance throughout the lease term and any extension hereof. At the termination of the lease, Lessee shall surrender and deliver the leased premises to Lessor in as good a state of repair and condition as they were in at the time Lessor delivered possession to Lessee, reasonable wear and tear and damage (not caused wholly or in part by Lessee) by fire, tornado, or other casualty excepted. V. TAXES, ASSESSMENTS, AND UTILITY CHARGES Lessee shall pay and hlly discharge all taxes, special assessments, and governmental charges of every character imposed during the term of the lease on the furniture, trade fixtures, appliances, and other personal property placed by Lessee in, on, or about the leased premises. Lessor shall pay fifty percent (50%) of utility charges for water, electricity, waste disposal and sewer services used in and about the facility during the term of this lease. Lessee shall at his own expense, remove all waste from the leased premises to the designated garbage pickup area during the term of this lease and any extensions hereof. ) Lessee shall provide the Department of Parks and Recreation with its annual financial report showing revenue derived from all sources, if any, and how this revenue was expended, with said report due within ten (10) days of signing of the ordinance and the next following business day of the date the contract ends. VI. ALTERNATIONS, ADDITIONS, AND IMPROVEMENTS Lessee shall not make any alterations, additions or improvements to the leased premises without the prior written consent of Lessor. Consent for nonstructural alterations, additions, or improvements shall not be unreasonably withheld by Lessor. All interior designs or future changes thereof must be approved by Lessor in writing. All alterations, additions, or improvements made by Lessee shall become the property of Lessor at the termination of this lease. Lessor may, however, require the Lessee at his expense, to remove any or all alterations, additions, and improvements installed or made by Lessee, and any other property placed in the premises by Lessee, upon termination of this lease. In the event that Lessor requires Lessee to remove such alterations, additions, or improvements, Lessee shall repair any damage to the premises caused by such removal. Lessee shall not, without first obtaining the written permission of Lessor, erect or install shelves, bins or machinery, except for trade fixtures, signs or displays, on any portion of the leased premises, including exterior walls, provided that signs or displays do not belong to a political campaign. Lessee shall have the right to remove all trade fixtures at the termination of this lease, provided Lessee islare not in default under the lease and that the fixtures will be removable without structural damage to the premises. Lessee must repair all damages to the leased premises caused by removal of trade fixtures, and all such repairs must be completed prior to the termination of the lease. Any trade fixtures that have not been removed by Lessee at the termination of this lease shall be deemed abandoned by Lessee and shall automatically become the property of Lessor. All signs or displays placed on the leased premised by Lessee shall be removed at the termination of this lease and Lessee shall repair any damage including, but not limited to, closing any holes caused by such removal. VII. MECHANIC'S LIEN Lessee shall not permit a mechanic's lien or other lien to be placed upon the leased promises or upon improvements on the premises. VIII. INSURANCE AND INDEMNITY Lessor shall, at its own expense, during the term of this lease, keep the leased premises insured against loss or damage by fire or other casualty. ) Lessee shall, at its own expense, provide and maintain in force during the term of this lease and any extension hereof, public liability insurance for bodily injury, death and property damage in the amount of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate with one or more insurance companies authorized to transact business in 'I Texas and approved by Lessor. Lessee shall provide Lessor with a certificate of insurance showing coverage immediately upon execution date of this lease and a copy of any renewals thereafter. Lessee agrees to indemnify and hold Lessor harmless against any and all claims, demands, damages, costs, and expenses, including reasonable attorney's fees for the defense of such claims and demands arising from the conduct or management of Lessee's business on the leased premises or from its use of the leased premises, or from any breach on the part of Lessee of any conditions of this lease, or from any act or negligence of Lessee, its agents, contractors, employees, or licensees in or about the leased premises. In the event of any action or proceeding brought against Lessor by reason of any such claim, Lessee agrees to defend the action or proceeding brought against Lessor by reason of any such claim by counsel acceptable to Lessor. The public liability policy required herein shall provide that the same shall not be cancelled with thirty (30) days prior written notice to Lessor. IX. DAMAGE OR DESTRUCTION OF PREMISES If the leased premises or any structures or improvements on the leased premises should be damaged or destroyed by fire, tornado, or other casualty, Lessee shall give immediate written notice of the damage or destruction to Lessor, including a description of the damage and, as far as known to Lessee, the cause of the damage. If the leased premises or any part of the building or improvements composing the facility should be damages or destroyed to any extent by fire, the elements, acts of God or other causes, Lessor may, at its option, either repair or restore the damaged premises or cancel this lease and return any unearned rent previously paid by Lessee hereunder. If the lease premises and improvements are untenantable in whole or in part following such casualty, the rent payable hereunder during the period in which they are untenantable shall be adjusted or abated, as applicable. X. DEFAULT If rent is in arrears more than ten (10) days after it is due and written notice thereof has been received by Lessee for more than five (5) days or if Lessee shall remain in default under any other condition of this lease for a period of five (5) days after written notice thereof from Lessor, Lessor may, without notice to Lessee, terminate this lease, and reenter and take possession of the premises and remove all persons and property without being deemed guilty of any manner of trespass and re-let the premises, or any part of the premises for all or any part of the remainder of the lease term to a party satisfactory to Lessor. It is expressly agreed that in the event of default by Lessee under this lease, Lessor shall have a lien upon all goods, chattels, or personal property of any description belonging to Lessee that are placed in, or become a part of, the leased premises, as security for rent due and to become due during the lease term and any extension hereof. This lien shall not be in lieu of, or in any way affect, the statutory Landlord's lien but shall be in addition to the lien, and Lessee grants to Lessor a security interest in all personal property placed in or on the leased premises. Said contractual lien shall not prevent the sale by Lessee of any merchandise in the ordinary course of business. If in the event of Lessee's default, Lessor exercises the option to terminate the leasehold, reenter, and re-let the premises, as provided in the proceeding paragraph. Lessor may take possession of all Lessee's property on the premises. After given Lessee reasonable notice of the time and place of any public or private sale of its property Lessor may sell the property at public or private sale, for cash or on credit, for such prices and terms as Lessor deems best, with or without having the property present at the sale. The proceeds of the sale shall be applied first to the necessary and proper expense of removing, storing, and selling such property, then to the payment of any rent due or to become due under the lease, with the balance, if any, to be paid to Lessee. A waiver by either Lessor or Lessee of a breach of this lease by the other party does not constitute a continuing waiver or a waiver of any subsequent breach of this lease. XI. INSPECTION BY LESSOR Lessee shall permit Lessor and Lessor's agents, representatives, and employees to enter into and on the leased premises at all reasonable times for the purpose of inspection, maintenance, or alterations to the premises, or any other purpose necessary to protect Lessor's interest in the leased premises or to perform Lessor's duties under the lease. I XII. ASSIGNMENT, SUBLEASE, AND ENCUMBRANCE Lessee shall not sublet, assign, encumber, or otherwise transfer this lease or any right or interest in this lease, or in the leased premises. Lessee shall not allow the placement of a lien upon any of its personal property in or on the leased premises. XIII. NOTICES AND ADDRESSES All notices required under this lease shall be hand delivered or sent by certified mail, return receipt requested, addressed to the other party, at the following address: Lessor: City of Laredo 1 110 Houston Street P.O. Box 579 Laredo, Texas 78042 Attn: Miguel A. Pescador Parks and Recreation Director Lessee: The Laredo Amateur Boxing Club 16 10 Guadalupe Laredo, Texas 78042 Attn: Rufino E. Lopez, Jr. Either party may change the address to which notices are to be sent by giving the other party notice of the new address in the manner provided in this section. 1 XIV. PARTIES BOUND This agreement shall be binding upon, and insure to the benefit of, the parties to this lease and their respective heirs, executors, administrators, employees, agents, servants, legal representatives, and successors, when applicable and permitted herein. XV. TEXAS LAW TO APPLY This agreement shall be constructed under, and in accordance with, the laws of the State of Texas, and all obligations of the parties created by this lease are performable in Webb County, Texas. XVI. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason be held by a court of contempt jurisdiction to be invalid, illegal, or unenforceable, in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this agreement, and this agreement shall be construed as if the invalid, illegal or unenforceable provision had never been included in the agreement. XVII. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties as to the leased premises and supersedes any prior understanding or written or oral agreements between the parties respecting the subject matter of the agreement. XVIII. AMENDMENT No amendment, modification, or alteration of the terms of this agreement shall be binding unless it is in writing, dated subsequent to the date of this agreement, duly executed by the parties to this agreement, and incorporated herein. XIX. RIGHTS AND REMEDIES CUMULATIVE The rights and remedies provided by this lease agreement are cumulative, and the use of any one right or remedy by either party shall not preclude nor waive its rights to use any or all other remedies provided by law. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. XX. ATTORNEY'S FEE If, a breach of this agreement results by either party, each may employ an attorney or attorneys to enforce its rights under this lease, and agrees to pay the reasonable attorney's fees and costs incurred to enforce the lease. XX. FORCE MAJEURE Neither Lessor nor Lessee shall be required to perform any term, condition, or covenant in this lease so long as performance is delayed or prevented by force majeure which shall mean acts of God, strikes, lockouts, material or labor restrictions by any other governmental authority, not within the control of Lessor or Lessee and which by the exercise of due diligence Lessor or Lessee is unable, wholly or in part, to prevent or overcome. Lessor and Lessee shall remain required to perform any or all other terms, conditions, or covenants in this lease not affected by force majeure. EXECUTED ON THIS DAY OF ,2006. CITY OF LAREDO: LAREDO AMATEUR BOXING CLUB, INC. 1 BY: LARRY DOVALINA BY: RUFINO E. LOPEZ, JR. CITY MANAGER PRESIDENT CITY OF LAREDO THE LAREDO AMATEUR BOXING CLUB, INC ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME L. FLORES CITY ATT$RNEY n BY: ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: Public Hearing and Introductory Ordinance AMENDING THE CITY OF LAREDO'S FY 2005-2006 FULL TIME EQUIVALENT POSITIONS BY RECLASSIFYING NINE (9) FIREFIGHTER POSITIONS TO THE POSITION OF THREE (3) CAPTAINS, THREE (3) DRIVERS AND THREE (3) 811 4/06 ASSISTANT DRIVER POSITIONS TO ACTIVATE ENGINE COMPANY #14 FOR FlRE STATION #14 LOCATED AT 309 ClELlTO LlNDO BLVD. FUNDING FOR THESE POSITIONS IS AVAILABLE IN THE FlRE DEPARTMENT OPERATING BUDGET IN I THE AMOUNT OF $10,509.72. INITIATED BY: I STAFF SOURCE: Ms. Cynthia Collazo Luis F. Sosa, Jr., Deputy City Manager Fire Chief I PREVIOUS COUNCIL ACTION: During the annual City Council Budget Workshops held August 12'~-14'~, 2002, one of the Public Safety projects that City Council agreed to fund was Fire Station #I4 at the Cielito Lindo Subdivision as well as fund the twenty-four (24) FirefightersICadets needed for that particular station. BACKGROUND: Due to an increase in the growth of the department and the opening of the Cielito Lindo Fire Station (Fire Station #14) these positions are essential to the operations of the Laredo Fire Department. Current Positions Proposed Positions IncreaseIDecrease - IFire Chief I Fire Chief 0 1 Assistant Fire Chief 1 Assistant Fire Chief 0 1 Fire Marshal 1 Fire Marshal 0 3 Deputy Chiefs 3 Deputy Chiefs 0 14 District Chiefs 14 District Chiefs 0 67 Captains 70 Captains +3 55 Drivers 58 Drivers +3 51 Assistant Drivers 54 Assistant Drivers +3 140 FirefighterlCadets 131 FirefighterlCadets - 9 333 Positions 333 Positions FINANCIAL IMPACT: Position will be funded from the Fire Department Operating Budget in the amount of $10,509.72. Funding is available in the Fire Department operational line items. Position Bi-Weeklv Salary Total Captains (3) $3,376.59 x 3 $ 10,129.78 Drivers (3) 2,811.99 x 3 8,435.98 Ass't Drivers (3) 2,676.74 x 3 8,030.22 $26,595.98 9 Firefighters x 2,488.01 (bi-weekly salary) = $ 22,392.09 $ 4,203.89 $4,203.89 x 2.5 pay periods = $10,509.72 (totalcost) COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Staff recommends that City Council approve this lntroductory Ordinance as presented. Public Hearing and Introductory Ordinance AMENDING THE ClTY OF LAREDO'S FY 2006-2007 FULL TIME EQUIVALENT POSITIONS BY RECLASSIFYING NINE (9) FIREFIGHTER POSITIONS TO THE 1 POSITION OF THREE (3) CAPTAINS, THREE (3) DRIVERS AND THREE (3) ASSISTANT DRIVER POSITIONS TO ACTIVATE ENGINE COMPANY #I4 FOR FlRE STATION #I4 LOCATED AT 309 ClELlTO LlNDO BLVD. FUNDING FOR THESE POSITIONS IS AVAILABLE IN THE FlRE DEPARTMENT OPERATING BUDGET IN THE AMOUNT OF $10,509.72. Whereas, due to an increase in the growth of the department and the opening of the Cielito Lindo Fire Station #I4 these positions are essential to the operations of the Laredo Fire Department, Whereas, in order to provide the framework and structural organization to conduct the necessary functions and operations, and therefore secure the viability and success of the Fire Department for the community at a local level, specifically but not limited to the Cielito Lindo Fire Station #14. NOW, THEREFORE BE IT ORDAINED BY THE ClTY COUNCIL OF THE ClTY OF LAREDO, TEXAS THAT; The City of Laredo Fire Department FY 2006-2007 Budget authorized personnel are amended as follows: Current Positions Proposed Positions Increase/Decrease 1 Fire Chief 1 Fire Chief 0 1 Assistant Fire Chief 1 Assistant Fire Chief 0 1 Fire Marshal 1 Fire Marshal 0 3 Deputy Chiefs 3 Deputy Chiefs 0 14 District Chiefs 14 District Chiefs 0 67 Captains 70 Captains +3 55 Drivers 58 Drivers +3 5 1 Assistant Drivers 54 Assistant Drivers +3 140 FirefightedCadets 13 1 FirefighterJCadets -9 333 Positions 333 Positions PASSED BY THE ClTY COUNCIL AND APPROVED BY THE MAYOR ON THIS, DAY OF AUGUST 2006. RAUL G. SALINAS, MAYOR ATTEST: GUSTAVO GUEVARA, JR., ClTY SECRETARY COUNCIL COMMUNICATION I DATE: I SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE 1 Authorizing the City Manager to enter into an agreement between Texas Engineering Extension ServiceIEmergency Services Training Institute (TEEX) and the City of Laredo Fire Department to define the responsibilities for both parties for the education instructional activities to be offered to Firefighters, non Firefighter trainees and out-of-country first responders at the Laredo lnternational FireILaw Enforcement Training Center. The period of performance under this agreement is specified as September I,2006, through August 31, 2007, unless sooner terminated in accordance with the terms in the ( agreement. INITIATED BY: I STAFF SOURCE: Larry Dovalina, Luis F. Sosa, Jr., City Manager Fire Chief PREVIOUS COUNCIL ACTION: City Council approved this contract on December 12, 2005. This was a renewal with a period of performance to expire on August 31, 2006. BACKGROUND: Texas Engineering Extension ServiceIEmergency Services Training Institute (TEEX) and the City of Laredo Fire Department will work together to promote and utilize the Laredo lnternational FireILaw Enforcement Training Center to provide educational instructional Emergency Services programs and training that will meet the Texas Commission on Fire Protection and the Texas Department of State Health Services requirements. The Laredo lnternational FireILaw Enforcement Training Center facility will be utilized by TEEXIESTI as a regional training site, hosting scheduled classes at this training facility. The agreement as such will realize a partnership between the City of Laredo Fire Department and one of the premier Emergency Services Training organizations in the nation, the concept of this partnership has its beginning and history in the 1960's whereas the City of Laredo Fire Department originated the lnternational Fire Training School before it was transferred to the Texas A&M Fire Training- School in Bryan, Texas, where to date it is presently held. FINANCIAL IMPACT: I Monthly Use Fee (lease payments) I TEEXIESTI proposes to pay the City of Laredo Fire Department a monthly use fee (lease payment) as detailed in the minimum Base Fee section of this agreement. Minimum Base Fee The base fee will be based on a "per student hour" fee to the City of Laredo Fire Department. This financial calculation methodology will be based on the type of training being performed detailed below: 1.) Classroom hourly fee; $2.00 per hour per student 2.) Non-fire prop hourly fee (rescue, hazmat, etc.); $3.00 per hour per student 3.) Fire prop hourly fee; $5.50 per hour per student 4.) Housing Facilities; $125.00 per week per student 5.) Equipment Use Fees; $1 0.00 per day per student TEEXIESTI will reimburse the City of Laredo Department for each class hour of instruction at a rate of $25.00 per class hour/instructor. TEENESTI will reimburse the City of Laredo Department for all consumables that are provided for training. TEENESTI will pay the approved calculated field use fees to the City of Laredo Fire Department within \receipt of the invoice and final approval of documentation. Revenues collected shall be deposited in the training facility account #I01 -0000-332-2050. COMMITTEE RECOMMENDATION: 1 STAFF RECOMMENDATION: Staff recommends that City Council approve this lntroductorv Ordinance as ~resented. PUBLIC HEARING AND INTRODUCTORY ORDINANCE Authorizing the City Manager to enter into an agreement between Texas Engineering Extension ServiceIEmergency Services Training Institute (TEEX) and the City of Laredo Fire Department to define the responsibilities for both parties for the education instructional activities to be offered to Firefighters, non Firefighter trainees and out-of-country first responders at the Laredo lnternational FireILaw Enforcement Training Center. The period of performance under this agreement is specified as September I,2006, through August 31,2007, unless sooner terminated in accordance with the terms in the agreement. Whereas, the Laredo lnternational FireILaw Enforcement Training Center facility will be utilized by TEEWESTI as a regional training site, hosting scheduled classes at the Laredo lnternational FireILaw Enforcement Training Center Whereas, the agreement as such will realize a partnership between the City of Laredo Fire Department and Texas Engineering Extension Services. NOW, THEREFORE BE IT ORDAINED BY THE ClTY COUNCIL OF THE ClTY OF LAREDO, TEXAS; Section 1: The City Manager is hereby authorized to enter into an agreement between the Texas Engineering Extension Services (TEEX) and the City of Laredo Fire Department. Section 2: Monthly Use Fee (lease payments) i TEEWESTI proposes to pay the City of Laredo Fire Department a monthly use fee (lease payment) as detailed in the minimum Base Fee section of this agreement. Minimum Base Fee The base fee will be based on a "per student hour" fee to the City of Laredo Fire De~arhnent.This financial calculation methodologywill be based on the type of training being detailed below: 6.) Classroom hourly fee; $2.00 per hour per student 7.) Non-fire prop hourly fee (rescue, hazmat, etc.); $3.00 per hour per student 8.) Fire prop hourly fee; $5.50 per hour per student 9.) Housing Facilities; $125.00 per week per student 10.) Equipment Use Fees (Rental); $10.00 per day per student PASSED BY THE ClTY COUNCIL AND APPROVED BY THE MAYOR ON THIS, DAY OF AUGUST 2006. RAUL G. SALINAS, ATTEST MAYOR GUSTAVO GUEVARA, JR., Agreement No. 07-0010 ;) TRAIN * SEWE = RESPOND AGREEMENT BEWEEN City of Laredo Fire Department and TEXAS ENGINEERING EXTENSION SERVICE for A Cooperative Learning Center Agreement THIS AGREEMENT, by and between the City of Laredo Fire Department (hereinafter called "CONTRACTOR') located at 1110 Houston St., Laredo, Texas, 78042, and the Texas Engineering Extension Service (hereinafter called "TEEX), established under the laws of the State of Texas as a component of the Texas A&M University System, located at 301 Tarrow, College Station, Texas, 77840-7896, WITNESSETH: WHEREAS, CONTRACTOR desires that TEEX perform certain tasks, all as herein provided, involving " Laredo International Fire and Law Enforcement Training Center "; WHEREAS, TEEX has agreed to do so under the terms and conditions hereinafter set forth; ! NOW THEREFORE, the parties hereto mutually covenant and agree as follows: Article 1. Statement of Work TEEX shall use all reasonable efforts to perform the services and deliver the reports and other items specified in the Statement of Work, marked Attachment A, attached hereto and by this reference made a part hereof for all purposes. Upon notice to CONTRACTOR, TEEX may change the designation of project staff as set out in Attachment A. Article 2. Project Representative and Desiqnated Authority CONTRACTOR Project Representative: The individual named below is the CONTRACTOR Project Representative, who is authorized to give and receive communications and directions, as well as monitor and coordinate the technical requirements of this contract on behalf of the CONTRACTOR. All communications including all payment requests must be addressed to the CONTRACTOR Project Representative or hisfher designee. Name: Larry Dovalina Title: City Manager Address: 11 10 Houston St., Laredo, TX 78042 Telephone No: 956-79 1-7302 , Facsimile No: 956-791-7498 J TEEX Form 10-227 Page 1 of 7 Approved as of July 6,2006 CONTRACTOR Designated Authority: The individual named below is the CONTRACTOR ) Designated Authority, who is: (a) authorized to sign by written approval this Agreement, amendments to the Agreement, changes in the Statement of Work and Task Orders, and budget modifications, (b) qualified to determine tasking and acceptance of the deliverables, and (c) officially directs all payments of this contract on behalf of the CONTRACTOR. Name: Larry Dovalina Title: City Manager Address: 1110 Houston St., Laredo, TX 78042 Telephone No: 956-791-7302 Facsimile No: 956-791-7498 TEEX Project Representative: The individual named below is the TEEX Project Representative, who is authorized to give and receive communications and directions on behalf of TEEX. All communications must be addressed to the TEEX Project Representative, or hislher designee, which will then be routed as required, to the TEEX Designated Authority for review and approval. Name: Robert Moore 1 Title: Program Manager Address: 301 Tarrow, College Station, TX 77840-7896 Telephone No: 979-862-4469 Facsimile No: 979-458-4368 E-mail address: [email protected] TEEX Designated Authority: The individual named below is the TEEX Designated Authority, who is authorized to sign this Agreement, amendments to the Agreement, changes in the Statement of Work and Task Orders, and budget modifications on behatf of TEEX. Name: Arturo Alonzo, Jr. Title: Deputy DirectorlCFO Address: 301 Tarrow, College Station, TX 77840-7896 Telephone No: 979-458-6832 Facsimile No: 979-458-6829 Either party may change the designation of the Designated Authority or Project Representative upon notice to the other party in accordance with Article 14. Article 3. Period of Performance and Termination The period of performance under this Agreement is specified as September 1, 2006, through August 31, 2007, unless sooner terminated in accordance with the terms herein. Either party hereto may terminate this Agreement at any time by giving not less than thirty (30) days advance written notice to the other party. Termination or cancellation shall not affect the , rights and obligations of the parties accrued prior to termination. CONTRACTOR shall be liable for all expenses incurred and all non-cancelable commitments made prior to TEEX's receipt of the notice of termination and shall pay TEEX for same on receipt of a final invoice. TEEX Form 10-227 Page 2 of 7 Approved as of July 6,2W On receipt of payment in fuli for work performed, TEEX shall deliver the results of all I previously unreported work in such form as it exists. Article 4, Cost and Pavment Monthlv Use Fee (lease payments) TEEX proposes to pay CONTRACTOR a monthly use fee (lease payment) as detailed in the Minimum Base Fee section of this agreement. Minimum Base Fee The base fee will be based on a "per student hour" fee to the CONTRACTOR. This financial calculation methodology will be based on the type of training being performed detailed below: 1.) Classroom hourly fee; 2.) Non-fire prop hourly fee (rescue, hazmat, etc.); 3.) Fire prop hourly fee. TEEX proposes that the following per student hour fees be implemented for all of training attendees, excluding those personnel from the CONTRACTOR, who attend TEEX sponsored training at the Laredo International Fire and Law Enforcement Training Center training facilities: Classroom: $2.00 per hour per student Non-fire prop: $3.00 per hour per student Fire Prop: $5.50 per hour per student Housing Facilities: $125.00 per week per student Equipment Use Fees (Rental): Rescue Equipment: $1 0.00 per student per day Hazmat Equipment: $10.00 per student per day TEEX will submit to the CONTRACTOR the detailed training activities that apply to the above field and equipment use fees each month. TEEX will reimburse the CONTRACTOR for all other cost.associated with training activities, being referred in this contract as consumables. These costs are described as meals for students, supplies and any other approved expenses that incur. All fuel, foam and other related cost will be reimbursed in accordance T EEX's cost associated with like products used at Brayton Fire Field, that is attributable during the same training periods. TEEX will reimburse the CONTRACTOR for all, approved, personnel used as instructors at a rate of $25.00 per class hour. , CONTRACTOR will submit to TEEX, for approval, a detailed report on all consumables )attributable to TEEX's training on the CONTRACTOR'SFire Training Facility. These reports are to be submitted to TEEX, by the lothday of the proceeding month of training. TEEX Form 10-227 Page 3 of 7 Approved as of July 6,2006 Once acceptance and approval has been obtained on all cost related to the monthly training activities, the CONTRACTOR will submit a detailed invoice to TEEX for payment of these activities. Upon the receipt of the invoice and final approval has been made, TEEX will process the invoice for payment. As a state agency, all payments from TEEX will be submitted in accordance with all financial transaction policies, regulations, and statutes required of the State of Texas. Article 5. Equipment Ownership of all permanent and expendable equipment purchased by TEEX under this Agreement shall become the sole property of TEEX at the time of purchase, and title thereto shall vest solely in TEEX. Article 6. Riahts in Data. Copvrights and Publication TEEX will be free to publish the results of all work done under this Agreement. Ownership of all data produced under this Agreement will remain with TEEX. Title to and the right to determine the disposition of any copyrights, or copyrightable material, first produced or composed in the performance of this Agreement shall remain with TEEX, provided that TEEX shall grant to CONTRACTOR an irrevocable, royalty-free, non-exclusive license to ) reproduce, modQ, and use all such data and copyrightable material for its own use, but not for any commercial purpose. Article 7. Inventions and Patent Rights Title to any invention or discovery made, conceived, or reduced to practice in the performance of this Agreement shall remain with TEEX, which shall have the sole right to determine the disposition of any patents or other rights resulting therefrom, provided however that upon issue of any patent on any such invention or discovery, CONTRACTOR shall have the right of first refusal to negotiate an exclusive license to practice the invention for a period of time and at a royalty rate to be negotiated. Article 8. Notices \ All notices, requests, demands and other communications between CONTRACTOR and TEEX required and permitted to be given under this Agreement shall be validly made by registered mail andlor other mutually agreed methods of transmittal with acknowledgment of receipt to the addresses designated by the parties. To expedite transmissions of priority, FAX (or facsimile) or e-mail transmittals with an original copy to be followed in the aforementioned method will also be acceptable and is encouraged. TEEX Form 10-227 Page 4 of 7 Approved as of July 6,2006 Article 9. Independent Csnfmcfor TEEX is an independent Confractor and shall be free to exercise its discretion and independent judgment as to the method and means of performance of the services contracted for by CONTRACTOR. TEEX employees shall in no sense be considered employees of CONTRACTOR and neither TEEX nor CONTRACTOR personnel will, by virtue of this Agreement, be entitled or eligible, by reason of the contractual relationship hereby created, to participate in any benefits or privileges given or extended by either party to its employees. Article 10. Non-Indemnification Neither party shall by reason of this Agreement be obligated to defend, assume the cost of defense, hold harmless, or indemnify the other from any liability to third parties for loss of or damage to property, death, or bodily injury arising out of or connected with the work under this Agreement. Article II. Governinn Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and venue shall lie in College Station, Brazos County, Texas for all legal proceedings. Article 12. Publicity Neither party to this Agreement may use the name of the other in news releases, publicity, advertising, or product promotion without the prior written consent of the other, except that TEEX may include CONTRACTORS name, project title, and total contract value in internal and external reports of awards received. Article 13. Assinnment Neither party to this Agreement may assign their rights andlor duties hereunder without the written permission of the other party. Article 14. Amendments This Agreement may be extended, renewed, or otherwise amended at any time by the mutual written consent of the parties. No modification of this Agreement or waiver of the terms or conditions hereof shall be binding upon either party hereto unless approved in writing by an authorized representative, or shall be effected by the acknowledgement or acceptance of purchase order forms containing other or different terms and conditions whether or not signed by an authorized representative of the party. TEEX Fonn 10-227 Page 5 of 7 Approved as of July 6,2006 Article 15. Successors and Assigns This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors in interest and, except as otherwise provided in this Agreement, their assigns. Article 16. Dispute Resolution The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, as further described herein, by the Texas Engineering Extension Service (hereinafter "TEEX") and the CONTRACTOR to attempt to resolve any claim for breach of contract made by the CONTRACTOR: A. A CONTRACTOR'S claim for breach of this contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter 8, of the Government Code. To initiate the process, the CONTWCTOR shall submit written notice, as required by subchapter B, to Arturo Alonzo, TEEX Deputy Director. Said notice shall specifically state that the provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of TEEX and the CONTRACTOR otherwise entitled to notice under the parties' contract. Compliance by the CONTRACTOR with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Government Code. ) 8. The contested case process provided in Chapter 2260, subchapter C, of the Government Code is the CONTRACTOR'S sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by TEEX if the parties are unable to resolve their disputes under subparagraph (A) of this paragraph. C. Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this contract by TEEX nor any other conduct of any representative of TEEX relating to the contract shall be considered a waiver of sovereign immunity to suit. D. The submission, processing and resolution of the CONTRACTOR'S claim is governed by the published rules adopted by the Office of Attorney General of Texas pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended. These rules are found at 1 T.A.C. Chapter 68. E. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the CONTRACTOR, in whole or in part. F. The designated individual responsible on behalf of TEEX for examining any claim or counterclaim and conducting any negotiations related thereto as required under ) $2260.052 of H.B. 826 of the 76th Texas Legislature shall be Arturo Alonzo, TEEX Deputy Director. TEEX Form 10-227 Page 6 of 7 Approved as ofJuly 6,2006 Article 17. Entire Agreement ? This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements and understandings relating to the tasks to be performed. In witness whereof, the parties have executed this Agreement as of the day and year of the last signature forllowing: For the Contractor: Texas Engineering Extension Service: By: By: Name: Name: Title: Title: Date: Date: 7, =-- TEEX Form 10-227 Page 7 of 7 Approved as of July 6,2006 ATTACHMENT "A" Scope of Wo*: TEEXIESTI and CI7Y OF LAREDO FlRE DEPARTMENT through the signing of this agreement supporting the scope of this proposal, acknowledges and accepts that the LAREDO INTERNATIONAL FlRE AND LAW ENFORCEMENT CENTER training facilities will be utilized by TEWESTI as a regional training site and that TEENESTI will be hosting scheduled classes at this training facility. Scheduling of these TEEWESTI classes will be done through cooperation between CIW OF IAREDO FlRE DEPARTMENT and TEEWESTI with any conflicts to be worked out in a method that is mutually agreeable by both parties. Responsibilities: TEENESTI and CITY OF LAREDO FlRE DEPARTMENT understand there are responsibilities required to ensure that this cooperative relationship works in the best interest for both parties. For this reason a list of key responsibilities have been developed. Both parties also agree that this is not an all-inclusive list and that other responsibilities may have to be established when issues are encountered The Regional Training Center (LAREDO INTERNATIONAL FlRE AND LAW ENFORCEMENT TRAINING CENTER) will provide: 1. Provide safe and operational training props for fire, rescue, and hazmat exercises. 2. Provide clean, neat, and safe classroom facilities 3. Provide all Classroom and Computer presentation equipment connections i. Speaker system quality and quantity adequate for classroom capacity ii. Dry Erase board or equivalent 4. Assist in marketing for TEEWESTI courses to be held at LAREDO INTERNATIONAL FlRE AND LAW ENFORCEMENT CENTER or in the surrounding areas. 5. Provide technical support for TEEX/ESTI classes held at LAREDO INTERNATIONAL FlRE AND LAW ENFORCEMENT CENTER. 6. Provide adequate supply of consumables to conduct TEEXIESTI Courses at LAREDO INTERNATIONAL FlRE AND LAW ENFORCEMENT CENTER 7. Provide storage space for training materials utilized for TEEWESTI classes taught at LAREDO INTERNATIONAL FlRE AND LAW ENFORCEMENT CENTER and surrounding areas. 8. Provide and maintain fire water system for TEEXIESTI classes conducted at LAREDO INTERNATIONAL FIRE AND LAW ENFORCEMENT CENTER 9. Provide and maintain all environmental permits for LAREDO INTERNATIONAL FlRE AND LAW ENFORCEMENT CENTER Texas Engineering Extension Service (TEEWEST1) Emergency Services Training Institute (EST!) will provide: 1. Provide one instructor / coordinator, as needed, will be assigned to the ,l training facility at LAREDO INTERNATIONAL FIRE AND LAW ENFORCEMENT CENTER. 2. Provide updated training materials for TEEX/ESTI classes. 1 3. Provide customer senrice assistance for registration, invoicing and record keeping for TEENEST1 training provided at LAREDO INTERNATIONAL FlRE AND LAW ENFORCEMENT CENTER. 4. Provide marketing for TEEXlESTl classes to be held at LAREDO INTERNATIONAL FlRE AND lAW ENFORCEMENT CENTER. 5. TEEWESTI will utilize ClW OF LAREDO FIRE DEPARTMENT personnel as instructors for training. TEEXIESTI will reimburse the ClW OF LAREDO FlRE DEPARTMENT for each class hour of instruction at a class hour rate detailed in Article 4 of this agreement. 6. TEEXJESTI and CINOF LAREDO FlRE DEPARTMENT will supply their own student General Release and Waiver of Claims Form. Prior to participation in training activities at ClTY OF LAREDO FlRE DEPARTMENT'S Training Facility, TEEWESTI or ClTY OF LAREDO FlRE DEPARTMENT will obtain an executed General Release and Waiver of Claims form from each student on each parties forms. 7. TEEWESTI shall review establishing state approved vendors for fuel and other consumables utilized at the training center for TEEX classes. Utilizing these vendors in exception of reimbursement to the City of Laredo. Quality Control Checks CITY OF LAREDO FlRE DEPARTMENT agrees to allow TE WESTI management staff to periodically visit the LAREDO INTERNATIONAL FlRE AND LAW ENFORCEMENT CENTER training facility and monitor TEWESTI classes while they are in progress. Any deficiencies noted in the training environment and or delivery will be noted. CITY OF LAREDO FIRE ) DEPARTMENT will be notified in writing of these deficiencies and a mutually agreeable solution will be developed. TEEWESTI and ClTY OF LAREDO FlRE DEPARTMENT, jointly, will develop written rules and/or policies for field operations and training activities. These operational guidelines must be in place and mutually agreed upon, prior to the execution of and/or implementation of any scope of work detailed in this agreement. Upon the creation and acceptance, these operational guidelines will be considered part of this agreement. COUNCIL COMMUNICATION DATE: SUBJECT: Public Hearing and Introductory Ordinance AMENDING THE CITY OF LAREDO CODE OF ORDINANCES BY DELETING REFERENCES TO HAZARDOUS MATERIALS (HAZ-MAT) FEES IN CHAPTER 33-ENVIRONMENTAL PROTECTION, SECTION 33-169, "CITY CHARGES" AND INSERTING INTO CHAPTER 12- FIRE PREVENTION AND PROTECTION, ARTICLE 111 "RESERVED"; FIRST HOUR NO CHARGES FOR EMERGENCY RESPONSES EXCEPT FOR REPLACEMENT COSTS OF LEVEL A AND B SAFTEY GEAR; CHARGING REPLACEMENT AND REIMBURSEMENT COSTS FOR 81 1 4/06 USE OF UNITS, PERSONNEL AND EQUIPMENT FOR EMERGENCY HAZ-MAT RESPONSES; CHARGING REPLACEMENT AND REIMBURSEMENT COSTS FOR FIRST HOUR AND BEYOND FOR ALL NON-EMERGENCY RESPONSES INCLUDING USE OF UNITS, PERSONNEL AND EQUIPMENT; PROVIDING FOR AN ADMINISTRATIVE FEE OF ONE HUNDRED DOLLARS ($100.00) PER INVOICE FORMULATED; REDUCING THE LATE FEE FROM TWO HUNDRED DOLLARS ($200.00) TO FIFTY DOLLARS ($50.00) APPLICABLE TO BALANCES REMAINING AFTER THIRTY DAYS FROM DATE OF INVOICE; AND AUTHORIZING CHARGE OF TEN PERCENT (10%) PER ANNUM ON BALANCES REMAINING AFTER SIXTY DAYS FROM THE DATE OF INVOICE; REPEAL LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY, PUBLICATION AND AN EFFECTIVE DATE. INITIATED BY: I STAFF SOURCE: I Larry Dovalina Luis F. Sosa, Jr. City Manager Fire Chief I PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Citizen's Environmental Advisory Committee met numerous times to make recommendations to the revision of this ordinance. With the support of the committee and the Fire Department and Environmental Services Department, this subject matter will be moved from the Environmental Protection Chapter in the Code of Ordinances to Chapter 12, which deals with Fire Prevention and Protection. This ordinance will help provide clarity to the billing and collection of services being provided by the Fire Department Haz-Mat Unit. With the fist hour being fiee in some instances, it is anticipated more spills will be reported to the Fire Department for emergency response. L FINANCIAL IMPACT: Revenues will depend on the number of Haz-Mat incidents that occur. L COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Citizen's Environmental Advisory Committee Approval of the ordinance. recommends approval. AN ORDINANCE AMENDING THE CITY OF LAREDO CODE OF ORDINANCES BY DELETING REFERENCES TO HAZARDOUS MATERIALS (HAZ- MAT) FEES IN CHAPTER 33-ENVIRONMENTAL PROTECTION, SECTION 33-169, "CITY CHARGES" AND INSERTING INTO CHAPTER 12-FIRE PREVENTION AND PROTECTION, ARTICLE I11 "RESERVED; FIRST HOUR NO CHARGES FOR EMERGENCY RESPONSES EXCEPT FOR REPLACEMENT COSTS OF LEVEL A AND B SAFTEY GEAR; CHARGING REPLACEMENT AND REIMBURSEMENT COSTS FOR USE OF UNITS, PERSONNEL AND EQUIPMENT FOR EMERGENCY HAZ-MAT RESPONSES; CHARGING REPLACEMENT AND REIMBURSEMENT COSTS FOR FIRST HOUR AND BEYOND FOR ALL NON-EMERGENCY RESPONSES INCLUDING USE OF UNITS, PERSONNEL AND EQUIPMENT; PROVIDING FOR AN ADMINISTRATIVE FEE OF ONE HUNDRED DOLLARS ($100.00) PER INVOICE FORMULATED; REDUCING THE LATE FEE FROM TWO HUNDRED DOLLARS ($200.00) TO FIFTY DOLLARS ($50.00) APPLICABLE TO BALANCES REMAINING AFTER THIRTY DAYS FROM DATE OF INVOICE; AND AUTHORIZING CHARGE OF TEN PERCENT (10Yo) PER ANNUM ON BALANCES REMAINING AFTER SIXTY DAYS FROM THE DATE OF INVOICE; REPEAL LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the Fire Department is delegated the responsibility and authority to provide for public safety within the scope of its services and included is the duty for hazardous material release mitigation; and WHEREAS, the Fire Department is expected to provide these services in a fiscally prudent manner in an effort to not burden the citizens of this community; and WHEREAS, the Fire Chief recommends that the City Council approve the amendments to the Hazardous Materials ordinance; and WHEREAS, the City Council of the City of Laredo having heard the recommendations of the Fire Chief agrees with same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1. That the Code of Ordinances, Chapter 33-169 be amended as follows: Sec. 33- 169.-Reserved. Page 1 of 4 Section 2. That the Code of Ordinances, Chapter 12, FIRE PROTECTION, Article 111 be amended as follows: Article 111. HAZARDOUS MATERIAL INCIDENT RECOVERY COSTS Section 12-71 -Purpose. The Laredo Fire De~artmentbearing the res-pnsibility as first responders for natural or man made incidents or disasters will respond when dispatched to any report of an incident involving; hazardous materials (hereinafter referred to in this ordinance as "haz- mat"). Due to the number of services with which the Laredo Fire Department has been designated by the City of Laredo it is necessary to provide a method of recovering costs incurred for activities andlor services rendered beyond the scove of Fire Suppression response. Responses to incidents involving hazardous materials are categorized as such due to the nature of the materials involved. 12-72. Charges authorized. [a) First Hour. The initial response to a dispatched haz-mat incident shall preclude any charges to the responsible party for the frst hour of services rendered and .eauipment used. excluding level A or B safety gear. If either one of these levels (A or B) of safety gear is used during the first hour, then the responsible party will be charged actual replacement costs to the Laredo Fire Devartment. The services rendered within this one hour period shall consist of the primary response units as designated by the Laredo Fire Department Standard Operating Procedures (SOP'S) for Hazardous Materials incidents, thereby vrovidin~for mitigation in emergency resmwe situations. Page 2 of 4 (b) Beyond the first hour, the Laredo Fire Department will charge the responsible party as follows: a. For use of additional units andlor personnel, charges will be based on actual reimbursement costs. b. For use of additional eauipment, charnes will be based on actual revlacement costs. 12-73. Administrative fee. In addition. the Laredo Fire Department will charge an administrative fee of $1 00.00 per invoice formulated. 12-74. Charges for non-emergency responses. Incidents involving actions other than emergency response such as clean-uv services and/or decontamination, etc., will be designated as non-emergency responses which will be subject to charges assessed for the use of man hours and equipment on a per hour basis to be implemented at onset of incident. 12-75. Statement and Payment. (a) Statement. If the city incurs expenses in remedying the effects of an unauthorized discharge, the City of Laredo shall send an itemized bill to the person or entity responsible for the unauthorized discharge or the haz-mat permittee (as defined in the hazardous materials ordinance contained in Ch. 33) with the storage facility where the unauthorized discharge occurred where the hazardous material should have been contained. (b) Payment of charges. (1) The person or entity or haz-mat permittee shall pay the charges owed to the city within thirtv (30) days of the date of the statement. (2 ) Anv payment received after thirty (30) clays from the date of the statement will be assessed a one time late fee of fifty dollars ($50.00L (3) Any ~aymentreceived after sixtv (60) days from the date of the statement will be assessed interest on a monthly basis at a rate of ten -percent (10%) per annum of the balance and late fee combined, or the highest rate allowable by law. whichever is higher. /4) No new or renewed permits. additional approvals or transfers of permits shall be approved until all charges owed to the city are paid in full. Section 2. Severability. That if any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions of this ordinance shall remain in effect as if the unconstitutional or invalid portion had not been adopted. Section 3. Repeal law in conflict. That all ordinances and resolutions or parts of ordinances or resolutions in conflict herewith are hereby appealed. Page 3 of 4 Section 4. Effective date. This Ordinance shall be published according to Section 2.09 (D) of the Charter of the City of Laredo and shall become effective sixty (60) days after the public hearing. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006. RAUL G. SALINAS MAYOR ATTEST: Gustavo Guevara, Jr. City Secretary APPROVED AS TO FORM: Page 4 of 4 COUNCIL COMMUNICATION SUBJECT: PUBLIC HEARING AND INTRODUCTION OF ORDINANCE Amending the fiscal year 2005-2006 budget for the Water Fund by appropriating revenues and expenditures in the amount of $1,066,000.00 provided by projected increases in the Meter Water Sales and Utility Late Fees. Funds will be used to cover Water Plant electricity costs, the purchase of meter reading hardwarelsoftware equipment, and an operational transfer to General Fund for the I purchase of H.T. E. system software licenses. BY: STAFF SOURCE: Horacio De Leon, Assistant City Manager Adrian G. Montemayor, Interim Utilities Director PREVIOUS COUNCIL ACTION: None. BACKGROUND: Overages in revenues for the Meter Sales account and Utility Late Fees accounts are expected in fiscal year 2005-2006 and will be used to fund operational costs and transfer. Electricity costs for the Water Plants will exceed the 2005-2006 budget by over $700,000. The purchase of meter reading hardware/software equipment is to replace obsolete meter reading handhelds. In addition, an operational transfer to General Fund will be used for the purchase of the H.T.E Work Orders/Facility Management Module and the NaviLine Browser User Interface. Both software licenses will be useful for the Utility Department as well as other departments city-wide. Departments that will utilize the software will reimburse the Water Fund for the use of the software. FINANCIAL SECTION: The Utilities Department Waterworks Budget will be amended as follows: I Proposed Amended I Budget Amendment Budget Waterworks: REVENUES: Metered Water Sales 14,062,289 316,000 14,378,289 (557-0000-336-1001 ) Utility Late Fees (557-0000-336-3005) EXPENDITURES: Electricity (557-4120-533-401 0) Computer Hardware (557-41 15-535-9002) Transfer Out GIF (557-41 10-597-0101) I COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A Hold a public hearing and introduce the ordinance as wresented. AN ORDINANCE AMENDING THE FISCAL YEAR 2005-2006 FISCAL YEAR BUDGET FOR THE WATER FUND BY APPROPRIATING REVENUES AND EXPENDITURES IN THE AMOUNT OF $1,066,000.00 PROVIDED BY PROJECTED INCREASES IN THE METER WATER SALES AND UTILITY LATE FEES. FUNDS WILL BE USED TO COVER WATER PLANT ELECTRICITY COSTS, THE PURCHASE OF METER READING HARDWARUSOFTWARE EQUIPMENT, AND AN OPERATIONAL TRANSFER TO GENERAL FUND FOR THE PURCHASE OF H.T.E. SYSTEM SOFTWARE LICENSES. Whereas, overages in revenues for the Meter Sales account and Utility Late Fees accounts are expected in fiscal year 2005-2006 and will be used to fund operational costs and transfer; and Whereas, electricity costs for the Water Plants will exceed the 2005-2006 budget by over $700,000; and Whereas, the purchase of meter reading hardwarelsoftware equipment is to replace obsolete meter reading handhelds; and Whereas, an operational transfer to General Fund will be used for the purchase of the H.T.E Work OrdersIFacility Management Module and the NaviLine Browser User Interface; and ) Whereas, Departments that will utilize the software will reimburse the Water Fund for the use of the software. NOW, THEREFORE, BE IT ORDAINED BY THE ClTY COUNCIL OF THE ClTY OF LAREDO THAT: 1. The FY 2005-2006 Utilities Department Waterworks Budget is hereby amended as follows: Proposed Amended Budget Amendment Budget Waterworks: REVENUES: Metered Water Sales (557-0000-336-1001 ) Utility Late Fees (557-0000-336-3005) EXPENDITURES: Electricity (557-4120-533-401 0) Computer Hardware >' (557-411 5-535-9002) Transfer Out GIF (557-4110-597-01 01 ) 2. This Ordinance shall become effective upon passage thereof ' PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006. RAUL G. SALINAS MAYOR ATTESTED: Gustavo Guevara, Jr. City Secretary APPROVED AS TO FORM: Jaime L. Flores City Attorney ) BY: Valeria M. Acevedo Asst. City Attorney COUNCIL COMMUNICATION SUBJECT: PUBLIC HEARING AND INTRODUCTION OF ORDINANCE Amending the City of Laredo 2005-2006 fiscal year budget for General Fund by 1 8/14/06 transferring of $216,000.00 from the Waterworks Fund and appropriating $216,000.00 for the purchase of H.T.E. system software licenses for the Work OrdersIFacility Management Module and the NaviLine Browser User Interface in the Information Technical Support Mainframe division. INITIATED BY: STAFF SOURCE: Horacio De Leon, Assistant City Manager Adrian Montemayor, Interim Utilities Director PREVIOUS COUNCIL ACTION: None. BACKGROUND: Work OrdersIFacility Management Module from H.T.E. is software that tracks complaints and request, creates department work orders, manage city facilities, and performs job costing functions. Benefits: Automates customer notification concerning the status of requested work Save time by automating preventive maintenance scheduling Enhances and automates interdepartmental request and billing Streamlines cost accounting and billing functions by automatically retrieving costs from the general ledger for work-related labor and material charges Notifies supervisors immediately when certain types of requests are received Provides a customizable system for recording and maintaining facility information Conforms to procedures by enabling departments to customize their requirements for the information on work request directed to them Useful for Public Works, Parks & Recreation, Utility Operations, and General City Operations NaviLine Browser User lnterface takes advantage of the security and reliability of an IBM I Series server for data storage, while providing a familiar web-like graphical environment for accomplishing daily business tasks. The web browser user interface is faster to learn, easier to use, has higher productivity, customizable features and streamline navigation. The Water Fund will be refunded partially for the purchase of the software licenses by various departments for the shared use of the NaviLine lnterface and Work OrderIFacility Module. FINANCIAL: Proposed Amended Budget Amendment Budget General Fund Revenues: Transfer In: Waterworks 101-0000-393-0557 - 216,000 216,000 Expenses Software 101 -5610-51 5-9003 - 216,000 216,000 STAFF RECOMMENDATION: Hold a public hearing and introduce the ordinance as presented. AN ORDINANCE AMENDING THE ClTY OF LAREDO 2005-2006 FISCAL YEAR BUDGET FOR GENERAL FUND BY TRANSFERRING OF $216,000.00 FROM THE WATERWORKS FUND AND APPROPRIATING $216,000.00 FOR THE PURCHASE OF H.T.E. SYSTEM SOFWARE LICENSES FOR THE WORK ORDERSIFACILITY MANAGEMENT MODULE AND THE NAVlLlNE BROWSER USER INTERFACE IN THE INFORMATION TECHNICAL SUPPORT MAlNFRAlME DIVISION. WHEREAS, the work orderslfacility management module from H.T.E. will help departments track complaints and requests, create department work orders, manage city facilities and perform job costing functions; and WHEREAS, the NaviLine Browser User lnterface takes advantage of the security and reliability of an IBM 1 series server for data storage, while providing a familiar web-like graphical environment for accomplishing daily business tasks; and WHEREAS, the Water Fund will be refunded partially for the purchase of the software licenses by various departments for the shared use of the NaviLine Interface and Work OrderIFacility Management Module. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ClTY OF LAREDO THAT: 1. The City of Laredo FY 2005-2006 annual budget is hereby amended as follows: Proposed Amended Budget Amendment Budget General Fund Revenues: Transfer In: Waterworks 101-0000-393-0557 - 216,000 216,000 Expenses Computer Software 101-561 0-51 5-9003 - 216,000 216,000 2. This Ordinance shall become effective upon passage thereof. PASSED BY THE ClTY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAYOF ,2006. RAUL G. SALINAS MAYOR ATTESTED: Gustavo Guevara, Jr., City Secretary APPROVED AS TO FORM: Jaime L. Flores, City Attorney e BY: Valeria M. Acevedo Asst. City Attorney COUNCIL COMMUNICATION I - DATE: SUBJECT: PUBLIC HEARING & INTRODUCTION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE SANTA RITA 18 INCH SANITARY SEWER REIMBURSEMENT AGREEMENT WITH 5 APPLICANTS, WHO ARE NAMED IN THE AGREEMENT, TO PROVIDE FOR POSSIBLE REIMBURSEMENT OF PART OF THE COSTS INCURRED BY THE APPLICANTS, IN CONSTRUCTING AN 18 INCH AND 15 INCH SANITARY SEWER LINE IN SOUTH LAREDO FROM THE EAST RIGHT OF WAY OF HWY 83 ACROSS FROM THE LAREDO COMMUNITY COLLEGE SOUTH CAMPUS TO APPROXIMATELY 1500 FEET EAST INSIDE THE LINK RANCH. INITIATED BY: STAFF SOURCE: Larry Dovalina, City Manager Adrian Montemayor, Interim Utilities Director I PREVIOUS COUNCIL ACTION: N/A I BACKGROUND: The City of Laredo Water Utilities Department received an application for reimbursement for an extension of a sanitary sewer line in South Laredo. Per Ordinance 2003 0-210 the applicant must advertise for two consecutive Sundays to invite the development community on South Laredo to join efforts in the over sizing of the wastewater line extension from the east right-of-way of Hwy 83 across the Laredo Community College South Campus to approximately 1500 feet inside the Link Ranch. This over sizing effort will help the developers and the City to prepare the possible growth in the areas around Hwy 83 and north of the Cielito Lindo Subdivision. The cost of the line extension was considerably lowered based on a unit (cost per GPM) to each Developer. The Utilities Department is now bringing the agreement before City Council approval to administer the agreement and collect the reimbursable amount and protect the individual reserved GPMs as requested by each developer. FINANCIAL IMPACT: Reimbursement contract will generate $100 in administrative fee to the City per plat application or $100 per unit sought to be connected to the sewer system. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: I Hold Public Hearing & Introduce Ordinance ORDINANCE NO. 2006-0- AUTHORIZING THE CITY MANAGER TO EXECUTE A REIMBURSEMENT AGREEMENT FOR THE SANTA RITA SUBDIVISION 18 INCH AND 15 INCH AND 12 INCH SANITARY SEWER LINE WITH FIVE (5) APPLICANTS, WHO ARE NAMED IN THE AGREEMENT, TO PROVIDE FOR POSSIBLE REIMBURSEMENT OF PART OF THE COSTS INCURRED BY THE APPLICANTS, IN CONSTRUCTING AN 18 INCH, AND 15 INCH AND 12 INCH SANITARY SEWER LINE IN SOUTH LAREDO FROM THE EAST SIDE OF HWY US 83 AT THE LAREDO COMMUNITY COLLEGE TO THE NORTH AND THEN TO THE EAST UP TO THE WEST BOUNDARY LINE OF THE 144 ACRE VILLGE 83 SOUTH, LTD. TRACT. WHEREAS, on October 6, 2003, the City Council passed Ordinance No. 2003-0-210 which sets forth policies and procedures for applicants requesting water and/or sewer service; and WHEREAS, as part of said policies, provision was made for possible reimbursement of part of the costs incurred by a person or entity in constructing a sanitary sewer line extension, in the event that owners of adjoining property should later connect to and benefit from the same sanitary sewer line extension, but said agreement must be approved by the City Council in the form of an ordinance; and WHEREAS, staff and the Applicants for reimbursement, have negotiated a Reimbursement Agreement in form attached hereto as Exhibit A of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF LAREDO THAT: Section 1: The Reimbursement Agreement in the form attached hereto as Exhibit A, and incorporated in this ordinance with all of its own exhibits as if set out in full herein, is hereby approved; and Section2: The City Manager is authorized to execute such sanitary sewer line Reimbursement Agreement on behalf of the City of Laredo. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS DAY OF ,2006. ATTEST: n RAUL SALINAS, MAYOR G. G. SAklNAS ENGINEERING CQ., L.C. P. 0. BOX 1825 5904 WEST DR. #I2 LAREDO. TX 73044 0 T 956-724-8469 / 9973 F e [email protected] 15 June 2006 Pablo Martinez, PE Laredo Water Utilities Eepart~nent 85 16 Daugl~ertySt. Laredo, TX 7804 1 956-790-1989 1 1988 Fax : Village South Subdivision SS LINE "C" REIMBURSERqENT CONTRACT Dear Mr. Martinez: Enclosed is a copy of the final draft for the proposed reirnbursement contract for the sanitary sewer ' tnln-! lii~ein south Laredo. The contract has been signed by all parties involved. Also; I will be delivering the monies to Louis LaVaude for the project construction. We are eager to present this to City Council. Let us It~lowif you need further information. Sincerely, Alfredo T. Guerra, PE, RPLS C:\MyFilesl23\WPDOCS\VilIa~e-83\SS-Tr~lI wpd SEWER LINE REIMBURSEMENT AGREEMENT (Preliminary) THIS SEWER LINE REIMBURSEMENT AGREEMENT (the "Agreement" or the "Reimbursement Agreement") is made and entered into by and between the CITY OF LAREDO, acting by and through its City Manager, duly authorized to execute this Agreement on behalf of the City of Laredo by Ordinance 2006- - , dated , 2006, pursuant to the general provisions of City Ordinance No. 2003-0-210 dated October 6, 2003 and DEVELOPERS, as defined below in Section l.d, and provides for: (i) construction by Developers of a 18 inch, 15-inch and 12 inch sewer line serving South Laredo; (ii) the specific provisions, procedures and methods whereby, and the manner in which, City Ordinance No. 2003-0-210 dated October 6, 2003 is to be implemented and enforced with relation to this one sewer line; (iii) reimbursement of a portion of the costs of such construction to developers; (iv) reservation of a portion of the capacity of such sewer line for the exclusive benefit of Developers; (v) the charging of connection fees to third parties desiring to connect to that sewer line; and (vi) certain administrative provisions relating to the above. This is a preliminary Reimbursement Agreement in the respect that the actual costs to Developers of constructing the sewer line provided for below are not yet fixed or ascertained. As hereafter provided, once construction of the sewer line is complete, and same has been accepted by the City of Laredo, a final Amended Sewer Line Reimbursement Agreement shall be executed by Developer and the City Manager and City Secretary embodying all of the terms of this Agreement, but including actual figures for the total cost of the sewer line and actual, final figures for the GPM Cost, the total maximum amount to be potentially reimbursed by Connecting Users to Developers and the Connecting User Reimbursement Charge relating to such sewer line, as said terms are hereafter defined in this Agreement. 1. Definitions. For purposes of this Reimbursement Agreement, the following terms shall have the specified meanings: a. "Connecting User" means any person, other than Developers, who connects to the sewer system of the City of Laredo at such a point or in such manner so as to consume, reduce or affect any of the capacity of the Sewer Line, irrespective of whether such connection be directly to the Sewer Line or at some remote point; and irrespective of whether such connection be considered an extension of, or a connection to, the Sewer Line. Reimbursement Agreement South Laredo Sewer Line May 20,2005 "Cost", or "total cost", as relates to the expense to Developers of constructing the Sewer Line, shall mean and include 100% of the cost of (t) materials, (u) labor, (v) engineering fees and other professional fees, (w) City permit fees, (x) inspection fees charged by the City and (y) other direct costs actually paid by Developers and approved by the Utilities Director with respect to the construction of the Sewer Line. "Connecting User Reimbursement Charge" shall mean that amount of money, calculated in the manner set out in this Agreement, to be charged to, and collected from, each Connecting User by the City as a condition to any such Connecting User being permitted to connect to the Sewer Line. All Connecting User Reimbursement Charges paid to, and collected by, the City pursuant to the provisions of this Agreement, shall be received by the City for the exclusive benefit of the Developers. "Developers" shall mean, collectively, the persons identified on Schedule 1, attached hereto, and who shall bear the cost of construction of the Sewer Line. "Developer" shall mean any one of the persons comprising Developers as specified in the immediately preceding section. "Excess Capacity" means the Total Capacity of the Sewer Line minus the Reserved Capacity of Developers and for purposes of this Agreement is agreed and defined to equal 945 GPM for Line Segment I. The Reserved Capacity for each separate segment of the line is set out on Schedule 2, below. "GPM" or "g.p.m." shall mean gallons per minute of sewer capacity "GPM Cost" shall have the meaning specified in Section 3(b), below "Person" means any individual, partnership, trust, corporation or other entity recognized by state law. "Sewer Line" shall mean the sewer line (consisting of Line Segments I of 18 inches, I1 of 18 inches, I11 of 15 inches and 12 inches and V of 15 inches), to be constructed by Developers for the purpose of extending sewer service to be provided by the City to lands owned by the Developers and other lands in the vicinity thereof, as per plans and specifications prepared by G. G. Salinas Engineering Co., L.C., consisting of 8 pages (including cover page), dated April 11,2006 which have been approved by the Utilities Director and which have been initialed in triplicate by the Engineer of Developers, the Utilities Director, the City Engineer. One initialed set of plans and specifications has been retained by each of the City of Laredo, the Developers and the Engineer of the Developers. k. "Reserved Capacity" shall be that capacity to be provided by the Sewer Line for the exclusive use of the Developers and agreed for purposes of this Agreement to equal 3,527 GPM for Line Segment I (out of a total of 4,472 GPM of Total Capacity to be provided by the Sewer Line for Line Segment I); allocated amongst, and reserved by, the various Developers pursuant to this Agreement to the extent and in the proportions set out on Schedule 2, attached hereto. The Reserved Capacity for each separate segment of the line is set out on Schedule 2, below. 1. "Total Capacity" of the Sewer Line is defined and agreed to equal 4,472 GPM for Line Segment I, refer to Schedule 2, attached hereto for further information on the other segments of the trunk line and for the Total Capacity of each separate segment of the Line. General. The following general provisions shall be applicable to this Reimbursement Agreement: a. The Reserved Capacity of the Sewer Line, and for each separate segment of the Sewer Line, shall be reserved exclusively for the Developers, in the respective proportions (as to each separate segment of the Sewer Line, as set out on Schedule 2) set out herein, for as long as it takes for each of the Developers, or an authorized assignee of any Developer, to make beneficial use of each respective Developer's entire Reserved Capacity (which indefinite period of capacity reservation may be in excess of the 15- year term of the reimbursement provisions of this Reimbursement Agreement) and such reservation of the Reserved Capacity for the benefit of Developers shall in no manner be limited to the term of this Reimbursement Agreement; provided however that after the expiration of the 15-year term of this Reimbursement Agreement if any Developer fails to use any of its remaining Reserve Capacity for any period of ten (10) consecutive years, that particular Developer's entitlement to its remaining Reserved Capacity shall be released to the City free of the terms of this Agreement. b. No Connecting Users shall be permitted or allowed with respect to the Sewer Line, or any segment thereof, except to the extent that there is Excess Capacity remaining within the Sewer Line, and in each of the particular segment thereof to which a Connecting User seeks to connect or use capacity out of. Once there be no remaining Excess Capacity within the Sewer Line, or in any particular segment of the Sewer Line, no further connections or extension thereto shall be permitted, except by Developers, and then only to the extent of Developer's remaining Reserved Capacity in the affected segment(s). c. The Developers shall not be required, as a condition to approval by the City of any development, plat approval, construction or use of property by Developers, to make any further improvements to the Sewer Line or to the Sewer Line serving a Developer's particular property in order to maintain the capacity of the Sewer Line and/or sewer system. No permit shall ever be denied Developers by reason of lack of availability of capacity within the Sewer Line or the City's Sewer system. d. Construction of the Sewer Line shall be subject to the following: i. All mains, lines, lift-stations, and other necessary appurtenances shall be furnished and installed at the cost of the Developers, under the direction of the City according to plans and specifications approved by the City Engineer and Utilities Director as identified above in Section 1.j. ii. No Sewer Line or appurtenant structures or equipment shall be constructed or laid except in a dedicated street, public road, right- of-way or approved recorded utility easement. All costs of necessary easements and right-of-way shall be borne by the Developers, and shall be secured in the name of the City. iii. Nothing in this Agreement shall have the effect of allowing any Developers or other person to resell sewer capacity to persons other the Developers (or any of Developer comprising Developers); provided however that Developers (or any Developer comprising Developers) shall be free to transfer or assign all or any portion of Developers' (or any Developer's) Reserved Capacity with respect to the Sewer Line, without the City's consent or approval (except as specifically provided otherwise in sub-section 2.d.iii.2.d, below), as follows: 1. Each such assignment or transfer shall be in writing; shall specify the portion (in gallons per minute) of the transferor's Reserved Capacity which is being transferred and assigned; and copies of such written transfer shall be filed with the Utilities Director; 2. Such transfers or assignments of a Developer's Reserved Capacity may only be made to: a. An individual who is a direct lineal descendant or ascendant of a Developer who is a natural person; or to any other entity owned or controlled by any such individual(s); b. An individual who is a direct lineal descendant or ascendant of any partner, shareholder, Member or owner of any Developer who is an entity; c. Any entity which is related to, owned or controlled by the a Developer; or d. Any person to whom a Developer has sold, given, transferred or conveyed any land which was at any time owned by Developers and which is situated such as to be capable of using the available capacity within the Sewer Line (but if such land not be within the Service Area, as hereafter defined, then such transfer must be approved in advance by the City and, if so approved, then the Service Area shall be amended by the City and such transferee to include the land owned by transferee which is intended to be served by the portion of Developer's Reserved Capacity which has been transferred to such transferee). e. Any person owning any property within a Developer's Service Area, as designated herein or as may have been amended by Developer(s). f. Any other person approved in advance by the City. 3. Any such transfer or assignment of all or portions of a Developer's Reserved Capacity shall be duly noted and acknowledged by the Utilities Director. 4. From and after the date of any such transfer or assignment the person to whom any of such Reserved Capacity of a Developer (or portion thereof) has been transferred or assigned shall be entitled to connect to, and use capacity within, the Sewer Line without any requirement for payment of Connecting User Reimbursement Charges to the extent that such Reserved Capacity was transferred to such person. 5. No such transfer or assignment of a Developer's Reserved Capacity shall entitle the transferee or assignee to any part of that Developer's rights to thereafter receive Connecting User Reimbursement Charges under this Reimbursement Agreement, unless such transfer or assignment expressly states that it also transfers a specified portion of the transferor's rights under this Reimbursement Agreement to receive Connecting User Reimbursement Charges in the future. e. The term "Service Area" is used in this Agreement only for administrative purposes to designate the property belonging to the Developers that the Developers initially propose to be served by the Sewer Line. Any Developer's Service Area may be modified by that Developer at any time and from time to time. The Excess Capacity of the Sewer Line may be used by any person whose property is physically capable of using such Excess Capacity in the Sewer Line by either connecting directly to the Sewer Line or by connecting at some remote point in the City's sewer system which ultimately connects to the Sewer Line in a manner that will consume or use up a portion of the Excess Capacity (but not the Reserved Capacity) of the Sewer Line. Similarly, the Reserved Capacity of Developers, or of any particular Developer, is not restricted to use on any particular real property at any time owned by Developers; but rather is intended to be used by Developers for the benefit of any land in which a Developer may have an interest and which is physically situated so as to use the Reserved Capacity of that Developer within the Sewer Line, provided however that a Developer may be required to amend that Developer's Service Area so as to include any additional land sought by Developers to be served by such Sewer Line. Calculation of Connecting. User Reimbursement Charges- to a Connecting User with Respect to use of Excess Capacity in Sewer Line. Reimbursements to Developers and Connecting User Reimbursement Charges to be charged to each Connecting User shall be calculated as follows: a. The Developers shall be entitled to receive Connecting User Reimbursement Charges from future use of sewer capacity within the Sewer Line by Connecting Users up to a maximum amount determined by multiplying the total cost to Developers of construction of the Sewer Line and all appurtenant facilities (as finally determined) multiplied by a fraction, the numerator of which is the Excess Capacity of the Sewer Line and the dei-tominator of which is the Total Capacity of the Sewer Line. As an example, if the total cost of the Sewer Line to Developers ends up being (as projected) $575,992.10; the Reserved Capacity is 3,527 g.p.m.; and the Total Capacity of the Sewer Line is 4,472 g.p.rn.; the Excess Capacity is therefore 945 g.p.m. The total potential and maximum reimbursement to Developers in this example would thus equal to roughly: $575,992.10 X (945/4,472) or $121,715.68; if this project was a single segment throughout. However, since there are several segments along the project, then the breakdown is done per each individual segment as explained further below. b. For purposes of this Reimbursement Agreement, the cost of each gallon per minute of Total Capacity shall be computed by dividing the total cost to Developers of construction of the Sewer Line by the Total Capacity of the Sewer Line (the "GPM Cost"). In the foregoing example, the Cost per GPM is $25.70 for Line Segment I, $44.65 for Line Segment- 11, $151.03 for Line Segment- 111, $0.00 for Line Segment- IV, and $9.05 for Line Segment V. Do note that the reimbursement amount will depend on the tap-in point alonp- the svstem. The system has five segments.- If the tap-in point is along- Segment- I, then only the reimbursement for Segment I applies. If the tap-in point is along- Segment- 11, then the reimbursement shall include Segments- I and 11. If the tap-in point is alon? Segment- 111, then Segments I, 11, and I11 shall apply. Should the tap-in point occur along- Segment- IV, then Segment- I only will applv since Segment IV does not qualify for reimbursement. And finally, if the tap-in point occurs along; Se~mentV, then the Segments I, 11, and V will apply for reimbursement. c. For each Connecting User hereafter proposing to connect to the Sewer Line at any point that will result in the use of any of the capacity within the Sewer Line, the City, acting through the City Engineer and the Utilities director, prior to allowing such Connecting User to connect to the City's sewer system at any point, shall first: i. Determine, based on full, complete and correct information certified and sealed by an active, practicing Texas Licensed Professional Engineer (as may be required by the City Engineer and 7 the Utilities Director) submitted by the proposed Connecting User relating to his proposed use, and based on the size of the proposed Connecting User's tract, the proposed use thereof and number of units proposed therein, the Total GPM Usage computed for such proposed Connecting User, based 011 a uniform system for determining anticipated usage as established by the Texas Commission on Environmental Quality (TCEQ), which established system shall be the same system employed by the City of Laredo Utilities Department in determining the estimated usage by Developers for a Developer's individual developments which are charged against that Developer's Reserved Capacity. ii. Charge and collect from the proposed Connecting User the applicable Connecting User Reimbursement Charges, equal to the Total GPM Usage calculated for such Connecting User multiplied by the GPM Cost. Using again the above example where the GPM Cost equals $25.70 for Line "I", $44.65 additional for Line "11", $151.03 additional for Line 111, $0.00 additional for Line IV, $9.05 additional for Line V; if a proposed Connecting User proposes to construct a residential development of single family residences with result that the Total GPM Usage for that project is computed by the City of Laredo Utilities Department based on such uniform system to equal 100 GPM, and the system to tap-in at the end of Segment 111, then the Connecting User Reimbursement Charges to be charged to such Connecting User shall equal $2,570.00 (GPM Cost of $25.70 X 100 GPM) for Line "I" and if the Connecting- User proposes to connect to line "111" then the total cost shall equal- $22,138 (GPM Cost of $25.70 X 100 GPM + GPM Cost of $44.65 X 100 GPM + GPM Cost of $151.03 X 100). This of course, is separate and apart from any other Reimbursement Contract(s) in line further downstream from this proiect that the City is in control of. ... 111. Pay over to each of the Developers the Connecting User Reimbursement charges collected from the proposed Connecting User, in the percentages set out above. iv. 111 no event shall any person be permitted by the City, during the term of this Reimbursement Agreement to, in any manner, either directly, remotely or indirectly, connect to the sewer system of the City at any point, unless the Connecting User Reimbursement Charges due are paid in full, or if the result thereof would tend to reduce or diminish to any degree the availability to the Reserved Capacity in the Sewer Line belonging to the Developers. d. Any Developer that comprises Developers, who proposes to exceed its share of the Reserved Capacity, may, after the expiration of five (5) years from the date of this Reimbursement Agreement, be permitted to exceed such Reserved Capacity, on the following conditions: i. There remains Excess Capacity within the Sewer Line; and ii. Such Developer shall be required, as a condition to its being permitted to use a portion of such Excess Capacity within the Sewer Line ill excess of its share of Reserved Capacity, shall pay the Connecting User Reimbursement Charge as if it were an unrelated Connecting User; and such Connecting User Reimbursement Charges shall be paid over to the Developers as in any other case and the particular Developer/ Developers making such payment of Connecting User Reimbursement Charge shall still be entitled to receive out of such payment its stipulated portion of such payments as specified in this Reimbursement Agreement. e. With respect to any Connecting User, the Connecting User Reimbursement Charges due shall be computed without regard to whether such Connecting User is to use the capacity of the Sewer Line at a direct connection point, or from a remote location, or if he is extending to, or tying into, the Sewer Line at the end thereof. In other words, if such a Connecting User is proposing a use of sewer capacity which will reduce the available capacity of the Sewer Line, and whether or not it reduces the Developers' Reserved Capacity, he must pay his proportionate share of the cost of construction of such Sewer Line in the form of Connecting User Reimbursement Charges computed as herein provided. Any Connecting User who proposes to extend a sewer line from the terminus of the Sewer Line shall, provided (a) he meets the other requirements hereof and (b) that the Excess Capacity in the Sewer Line is increased by improvements to be made by such Connecting User and (c) that he pays all of the Connecting User Reimbursement Charges with respect to 100% of the remaining Excess Capacity in the Sewer Line, not be precluded from entering into his own Reimbursement Agreement with respect to his improvement costs, and any Connecting User Reimbursement Charges which may be due such Connecting User from subsequent Connecting Users with respect to his sewer line improvements shall be separate from the Connecting User Reimbursement Charges due the Developers under this Reimbursement Agreement; provided that in no event shall such Connecting User with respect to the first line be entitled to Connecting User Reimbursement Charges from Connectii~gUsers who do not use any of the capacity of his secondary line. 4. Procedures. The following procedures shall apply this Reimbursement Agreement: a. This is a preliminary Reimbursement Agreement, with estimated and provisional figures and computations based on the estimated costs as set out on attached Exhibit "B", prior to completion of construction and acceptance by City of such improvements. b. Once the construction costs to Developers of the Sewer Line are more accurately quantified and certified the acceptance of a fixed bid construction contract by the Developers an Amended Reimbursement Agreement containing such more accurate cost figures (but otherwise containing the same provisions as this preliminary Reimbursement Agreement) figures shall, prior to commencement of the construction be submitted to City Council for its final approval. Upon completion of construction of the Sewer Line, should the actual cost of the construction exceed for any reason the fixed bid contract price upon which the figures in the Amended Reimbursement Agreement were based, then the Developers shall have the right to submit to the Utilities Director and City Engineer satisfactory evidence as to the actual total costs (as-built) of the Sewer Line and to request of the City Council a further amendment to the Reimbursement Agreement so as to reflect such actual total cost, in order that such final, actual costs may be included in a Final Amended Reimbursement Agreement if approved by City Council. c. Attached hereto as Exhibit "A" is a map depicting the tracts of each Developer presently intended to be served by the Sewer Line and that will comprise part of the Service Area of the Sewer Line for purposes of this Agreement. As stated above, the tracts of Developers shown on Exhibit "A" are collectively for all Developers, and singly for each Developer, designated as the "Service Area" for purposes of this Agreement. Each Developer shall have the right to amend from time to time the tracts owned by such Developer which Developer intends be served with capacity reserved to that Developer hereunder relating to the Sewer Line, subject to the provisions of Section 2.d.iii.2.d. d. The Connecting User Reimbursement Charge due from each Connecting User shall be charged and collected the earlier of (i) immediately prior to the time that any connection is made to the Sewer Line by such Connection User so as to make available the Excess Capacity in the Sewer Line to any property, building structure or development of such Connecting User, or (ii) immediately upon any property of such Connecting User being issued final plat approval by the Planning and Zoning Commission of the City of Laredo. e. The City may connect future customers directly to the Sewer Line, or any Connecting User at any point in the City's sewer system, only when (i) there remains Excess Capacity in the Sewer Line and (ii) when the person seeking to so connect has paid in full the applicable Connecting User Reimbursement Charge and (iii) the said Connecting User Reimbursement Charge has been paid over to Developers in accordance herewith and (iv) the person seeking to so connect has paid to the City all other applicable fees, including the tapping fees provided for under applicable City of Laredo Ordinances. f. Each time that a proposed Connecting User or other person requests a connection to the Sewer Line that will require the payment of a Connecting User Reimbursement Charge to Developers by such Connecting User, the Utilities Director shall advise Developers in writing pursuant to Section 6.a below, prior to the time that the City approves the request of such proposed Connecting User, that the request for connection has been received and Developers' engineer shall be furnished with copies of all calculations (certified and sealed by an active, practicing Texas Licensed Professional Engineer) used by the City to determine the Connecting User Reimbursement Charge to be charged such proposed Connecting User. Developers shall have the right to comment on such proposed calculation of the applicable Connecting User only if same would affect the Reserved Capacity of a Developer. Fees to the City. The following fees shall be charged and collected by the City, which fees shall be in addition to any Connecting User Reimbursement Charges due hereunder and in addition to all other usual and customary fees now being charged by the City, such as tapping fees: a. Each Connecting User with respect to the Sewer Line shall be charged an administration fee equal to the lesser of (i) One Hundred dollars ($100.00) per plat application or (ii) One Hundred dollars ($100.00) per unit sought to be connected to the sewer system, all of which fees shall be retained by the City. For each 6" coni~ectionmade to the Sewer Line by an individual user of sewer 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 tap or connection charges and any other charges due, pay one hundred dollars ($100.00) for each connection as an extension charge. The fees provided for in this sub- section do not apply to connections by individual users within the property of Developers. c. Each time that the City collects Connecting User Reimbursement Charges on behalf of Developers, the City shall levy a service charge of Fifty Dollars ($50.00), which charge shall be deducted from the Connecting User Reimbursement Charges paid over to Developers. 6. Miscellaneous Provisions. a. Notices. All notices, demands and requests which may be given or which are required to be given by any party to the other, shall be in writing and shall be deemed effective when deposited in any post office or mail receptacle regularly maintained by the United States Government, certified or registered mail, return receipt requested, postage prepaid, addressed as follows: If to City: Larry Dovalina City Manager 1110 Houston St. Laredo, Texas 78040 Telecopier: (956) 791-7491 with a copy to: Pablo G. Martinez, P.E. Utilities Engineering Manager 8516 Daughetry St. Laredo, Texas 78041 Telecopier: (956) 790-1988 If to Developers: G. G. Salinas Engineering Co., L.C. Attn: Alfredo T. Guerra, P.E. 5904 West Dr., #12 Laredo, Texas 78041 Telecopier:(956) 724-9973 With copy to: Max Watts 2801 E. Montgomeery St. Laredo, Texas 78043 Telecopier:(956) 722-6026 with copy to: Frank J. Saldana, Jr. 217 W. Village Blvd. Suite No. 3 Laredo, TX 78041 Telecopier: (956) 726-4158; or such other place as City or Developers, respectively, may from time to time designate by written notice to the other as herein provided. b. Entire Agreement. This Agreement embodies the entire agreement between the parties relative to the Sewer Line, and there are no oral or written agreements between the parties, nor any representations made by either party relative to the subject matter hereof, which are not expressly set forth herein. The final Amended Reimbursement Agreement when executed by the parties as provided for in this Agreement shall supercede this Agreement. c. Amendment. This Agreement may be amended only by a written instrument executed by the party or parties to be bound thereby. d. Headings. The captions and headings used in this Agreement are for convenience only and do not in any way limit, amplify, or otherwise modify the provisions of this Agreement. e. Governing Law. This Agreement shall be governed by the laws of the State of Texas and the applicable ordinances of the City of Laredo. f. Successors and Assigns. This Agreement shall bind and inure to the benefit of City and Developers and their respective heirs, executors, administrators, personal and legal representatives, successors and assigns. g. Invalid Provision. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and, the remaining provisions of this Agreement sl~allremain in full force and effect and shall not be affected by such illegal, invalid, or unenforceable provision or by its severance from this Agreement. h. Recording. The parties hereto agree that this Agreement and the city of Laredo Ordinance authorizing execution of this Agreement by the City Manager, or any memorandum or notice hereof may be recorded in the Official Public Records of Webb County, Texas at the expense of Developers. i. Attorneys' Fees. If it becomes necessary for either party hereto to file suit to enforce this Agreement or any provision contained herein, the party prevailing in such suit shall be entitled to recover, in addition to all other remedies or damages, as provided herein, reasonable attorneys' fees incurred in such suit. j. Multiple Counterparts. This Agreement may be executed in a number of identical counterparts, each of which for all purposes is deemed an original, and all of which constitute collectively one (1) agreement; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one (1) such counterpart. SIGNED IN DUPLICATE OR MULTIPLE ORIGINALS ON THIS - DAY OF ,2006. CITY OF LAREDO ATTEST: By: Name: Gustavo Guevara, Jr Name: Larry Dovalina Title: City Secretary Title: City Manager "DEVELOPERS" 4 La Joya of Texas 5 C/O Michael A. Hochman 9 c/o Mike Link 10- - 11 south, LTD. c/o Gerardo G. Salinas 14 15 16 Vimosa I1 / Newco Dev. Partnership 17 c/o Max Watts, President 21 c/o Juan Narvaez SCHEDULE 1 LIST OF PARTICIPATING PARTIES La Joya of Texas, LTD. c/o Michael A. Hochrnan 5313 McPherson Rd. Laredo, Texas 78041 Team Iron Angel c/o Mike Link P. 0.Box 3155 Laredo, Texas 78044 Village 83 South, LTD, c/o Gerardo G. Salinas, P.E. 5904 West Dr. No. 125 Laredo, Texas 78044 Vimosa 11/ Newco Development Partnership B.P. Newman/Peggy J. Newman Trustee &/or B.P. Newman Investment Co. c/o Max Watts, President 2801 Montgomery St. Laredo, Texas 78044 Juan Narvaez Manufactured Homes c/o Juan Narvaez 5221 South Zapata Hwy. Laredo, Texas 78041 SCHEDULE 2 BREAKDOWN OF LINE SEGMENTS & PERCENTAGES Line Segment I La Joya of Texas, LTD. 200 gprn Team Iron Angel 450 gprn Village 83 South, LTD. 597 gprn Vimosa I1 / Newco Dev. Partnership Peggy J. Newman, Trustee &/or B. P. Newman Investment Co. B. P. Newman 2,100 gpm 59.54% Juan Narvaez Manufactured Homes 180 gprn 5.10% 3,527 gprn Total Reserved Capacity 4,409 gprn w/ 25% Extra 4,472 gprn Capacity (18"@0.90%) 945 gprn Excess Capacity Line Segment I1 La Joya of Texas, LTD. 200 gprn Team Iron Angel 450 gprn Village 83 South 597 gprn Vimosa I1 / Newco Dev. Partnership Peggy J. Newman, Trustee &/or B. P. Newman Investment Co. B. P. Newman 2,100 gprn 62.74% 3,347 gprn Total Reserved Capacity 4,184 gprn w/ 25% Extra 4,217 gprn Capacity (18"@0.80%) 870 gprn Excess Capacity Line Segment I11 La Joya of Texas, LTD. 200 gprn 16.04% Team Iron Angel 450 gprn 36.09% Village 83 South 597 gpm 47.87% 1,247 gprn Total Reserved Capacity 1,559 gprn w/ 25% Extra 1,588 gprn Capacity (15"@0.30%) 341 gprn Excess Capacity 1 Line Segment V j2 Vimosa I1 / Newco Dev. Partnership 3 Peggy J. Newman, Trustee &/or 4 B. P. Newman Investment Co. 5 B. P. Newman 2,100 gpm 100.00% 6 2,100 gpm Total Reserved Capacity 7 2,426 gpm Capacity (15"@0.70%) 8 326 gpm Excess Capacity EXHIBIT A-1 LIST OF EXHIBITS FOR SKETCHES Exhibit A-2 Sketch showing different Line Segments I thru V Exhibit Number Developer Name Capacity Reserved Exhibit A-3 La Joya of Texas, LTD. 200 GPM Exhibit A-4 Team Iron Angel 450 GPM Exhibit A-5 Village 83 South, LTD. 597 GPM Exhibit A-6 B. P. Newman 2,100 GPM Vimosa I1 / Newco Dev. Partnership Peggy J. Newman, Trustee &/or B. P. Newman Investment Co. Exhibit A-7 Juan Narvaez Manuf. Homes 180 GPM Exhibit "A-1" COUNCIL COMMUNICATION DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE 08/14/06 Authorizing the City Manager to amend the Housing Rehabilitation Program's budget for FY 2005 - 2006 by appropriating additional estimated Revolving Loan payments in the amount of $36,549. The Revolving Loan funds will be used for housing rehabilitation loans and grants, which will assist low-income homeowners, rehabilitate their home. I INITIATED BY: STAFF SOURCE: Horacio De Leon Ms. Ronnie Acosta Assistant City Manager CD Director I PREVIOUS COUNCIL ACTION: On July 18,2005, Council approved the adoption of the annual budget for fiscal year 2005-2006; appropriating the estimated revenues, expenditures and balances reported therein for the year beginning October 1,2005 and ending September 30,2006. BACKGROUND: The Revolving Loan funds will be used for housing rehabilitation loans and grants, which will assist low- income homeowners, rehabilitate their home. According to HUD Regulations, the Housing Rehabilitation Program must expend revolving loan funds received before expending entitlement monies. I FINANCIAL IMPACT: Revolving Loan Fund Budget FY 2005-2006 Proposed Account Proposed Amended Number Budget Amendment Budget I Revenues Loan Reimbursement 2 12-0000-378- 10 10 $130,000 $36,549 Expenditures Housing Rehab Loans 212-501 1-543-7510 $87,488 $36,549 $123,997 COMMITTEE FUKOMMENDATION: STAFF RECOMMENDATION: N/A Introduction of the ordinance. ORDINANCE # ' AUTHORIZING THE CITY MANAGER TO AMEND THE HOUSING REHABILITATION PROGRAM'S BUDTGET FOR FY 2005-2006 BY APPROPRIATING ADDITIONAL ESTIMATED REVOLVING LOAN PAYMENTS IN THE AMOUNT OF $36,549. THE REVOLVING LOAN FUNDS WILL BE USED FOR HOUSING REHABILITATION LOANS AND GRANTS, WHICH WILL ASSIST LOW-INCOME HOMEOWNERS, REHABILITATE THEIR HOME. Whereas, the City of Laredo's 2005-2006 HOUSING REHABILITATION Program received an increased amount of revolving loan fund than anticipated: and Whereas, it is proposed that the amount budgeted for revolving loan fund be increased from $87,448 to $123,997; and Whereas, it is required by the U.S. Housing and Urban Development (HUD) regulations that the Housing Rehabilitation Program expend revolving loan funds received before expending entitlement monies. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: A. The City of Laredo's Housing Rehabilitation Program's 2005-2006 revolving loan fund be amended by an increase of $36,549 to reflect a total revolving loan fund amount of $123,997. B. This Ordinance shall become effective upon passage thereof. FINANCIAL IMPACT: Revolving Loan Fund Budget FY 2005-2006 Proposed Account Proposed Amended Number Budget Amendment Budget Revenues Loan Reimbursement 2 12-0000-378- 1010 $130,000 $36,549 $166,549 Expenditures Housing Rehab Loans 21 2-501 1-543-75 10 $87,488 $36,549 $123,997 PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON this day of ,2006. Raul Salinas Mayor ATTEST: Gustavo Guevara, Jr. City Secretary APPROVED AS TO FROM: Jaime L. Flores City Attorney By: Anthony McGettrick Assistant City Attorney COUNCIL COMMUNICATION DATE: SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE \ 0811 4/06 Authorizing the City Manager to amend the Home Investment Partnership Program's budget for I FY 2005 - 2006 by appropriating additional estimated program income in the amount $100,000. Program income funds will be used for down payment assistance which will assist first-time, low-income homebuyers. I INITIATED BY: STAFF SOURCE: Horacio De Leon Ms. Ronnie Acosta Assistant City Manager CD Director I PREVIOUS COUNCIL ACTION: On July 18,2005, Council approved the adoption of the annual budget for fiscal year 2005-2006; appropriating the estimated revenues, expenditures and balances reported therein for the year beginning October I, 2005 and ending September 30,2006. BACKGROUND: The Program Income funds will be used for down payment assistance which will assist first-time, low- income homebuyers. According to HUD Regulations, the HOME Program must expend program income received before expending entitlement monies. FINANCIAL IMPACT: HOME Investment Partnership Program Budget FY 2005-2006 Proposed Account Proposed Amended Number Budget Amendment Budget Revenues Loan Reimbursement 2 17-0000-378-1 0 10 $101,089 $100,000 $20 1,089 Expenditures Down Payment Assistance 21 7-691 1-563-7532 $1 01,234 $100,000 $201,234 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: , N/A Introduction of the ordinance. ORDINANCE # AUTHORIZING THE CITY MANAGER TO AMEND THE HOME INVESTMENT PARTNERSHIP PROGRAM'S BUDGET FOR FY 2005 - 2006 BY APPROPRIATING ADDITIONAL ESTIMATED PROGRAM INCOME IN THE AMOUNT $100,000. PROGRAM INCOME FUNDS WILL BE USED FOR DOWN PAYMENT ASSISTANCE WHICH WILL ASSIST FIRST-TIME, LOW-INCOME HOMEBUYERS. Whereas, the City of Laredo's 2005-2006 HOME Program received an increased amount of program income than anticipated: and Whereas, it is proposed that the amount budgeted for program income be increased from $10 1,234 to $20 1,234; and Whereas, it is required by the U.S. Housing and Urban Development (HUD) regulations that the HOME Program expend program income received before expending entitlement monies. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: A. The City of Laredo's Home Investment Partnership Program's 2005-2006 program income be amended by an increase of $100,000 to reflect a total program income amount of $201,234. B. This Ordinance shall become effective upon passage thereof. FINANCIAL IMPACT: HOME Investment Partnership Program Budget FY 2005-2006 Proposed Account Proposed Amended Number Budget Amendment Budget Revenues Loan Reimbursement 2 17-0000-378-1010 $101,089 $100,000 $201,089 Expenditures Down Payment Assistance 21 7-69 11-563-7532 $10 1,234 $100,000 $201,234 PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON this day of ,2006. Raul Salinas Mayor ATTEST: Gustavo Guevara, Jr. City Secretary APPROVED AS TO FROM: ,' I Jaime L. lopes 'Msistant/City Attorney COUNCIL COMMUNICATION I ATE: SUBJECT: PUBLIC HEARTNGAND INTRODUCTION OF AN ORDINANCE Amending the FY 2005-2006 Airport Operating Fund by Transferring in $3 16,373 .OO 8-14-06 from the Airport Construction Fund to cover additional operating expenses. Funding is available in the Airport Construction Fund / Land Proceeds Reserve Account No. 433- 3666-584-9900, and authorizing the City Manager to implement said budget amendment; providing for an effective date. INITIATED BY: Rafael Garcia, Jr. STAFF SOURCE: Jose L. Flores Assistant City Manager wortDirector PREVIOUS ACTION: NONE BACKGROUND: This hnd transfer is recommended to supplement the FY 2006-2007 Arport Operating Fund to cover additional expenses incurred by increased airport security contract personnel, appraisals, re-plats and surveys of airport properties. FINANCIAL: Annual Budget Proposed Amended Budget Amendment Airport Construction Fund: Reserve Appropriation 433-3666-584-9900 455,243.00 (31 6,373.00) 138,870.00 Transfer Out- InternationalAirport 433-3666-587-0242 316,373.00 31 6,373.00 InternationalAirport Fund: Transfer In- Airport Construction Fund 242-0000-393-0433 31 6,373.00 31 6,373.00 Reserve Appropriation 242-3605-5849900 31 6,373.00 31 6,373.00 RECOMMENDATION: STAFF IRECOMMENDATION: That a public On Monday, July 3 1, 2006 the Airport Advisory hearing is held and the ordinance is introduced as Committee recommended approval of the proposed proposed. FY 07 Airport Budget which budget includes this transfer. AN ORDINANCE AMENDING THE EY 2005-2006 AIRPORT OPERATING FUND BY TRANSFERRING IN $316,373.00 FROM THE AIRPORT CONSTRUCTION FUND TO COVER ADDITIONAL OPERATING EXPENSES. FUNDING IS AVAILABLE IN THE AIRPORT CONSTRUCTION FUNDLAND PROCEEDS RESERVE ACCOUNT NO. 433-3666-584-9900, AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT SAID BUDGET AMENDMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Airport Director recommends that the City Council approve the proposed amendment to the FY 2005-2006 Airport Operating Fund by transferring in $316,373.00 fkom the Airport Construction Fund to cover additional operating expenses. Funding is available in the Airport Construction Fund / Land Proceeds Reserve Account 433-3666-584-9900, and authorizing the City Manager to implement said budget amendment. WHEREAS, the Airport Director recommends that the City Council approve the proposed budget amendment to the City of Laredo FY 2005-2006 Aqort Operating Fund, in hrtherance of the development of the Laredo International Airport and as a support to the maintenance and operation of the Laredo International Airport. WHEREAS, the Airport Advisory Committee finds that said budget amendment is in the best interest of the Airport and the City Council of the City of Laredo is of the same opinion. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNClL OF THE CITY OF LAREDO THAT: Section 1: The FY 2005-2006 Airport Operating Fund is hereby amended by transferring in $316,373.00 from the Airport Construction Fund to cover additional operating expenses. Funding is available in the Airport Construction Fund / Land Proceeds Reserve Account No. 433-3666-584-9900, and authorizing the City Manager to implement said budget amendment as follows: Annual Budget Proposed Amended Budget Amendment Airport Construction Fund: Reserve Appropriation Transfer Out- International Airport International Airport Fund: Transfer In- Airport Construction Fund ,) Reserve Appropriation Page 1 of 2 Ordinance Amending FY 2005-2006 Airport Operating Fund Section 2: This Ordinance shall become effective upon passage hereof PASSED BY THE CITY COUNCIL AND APROVED BY THE MAYOR ON THIS THE DAY OF ,2006. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIhE L. FLORES CITY ATTORNEY BY: VAL~RIAM. ACE-DO ASSISTANT CITY ATTORNEY Page 2 of 2 COUNCIL COMMUNICATION [ DATE: I SUBJECT: INTRODUCTION OF AN ORDINANCE 1 Authorizing the City Manager to execute a Rental Car Agency Concession and Lease Agreement with Enterprise Rent-A-Car Company of Texas dba Enterprise Rent A Car, for the approximate 165 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 International Airport. Lease term is for five (5) years commencing on August 1, 2006, and ending on July 31, 201 1. Minimum Annual Guarantee (MAG) shall be $91,000.20 or ten percent (10%) I of gross sales, whichever is greater; providing for an effective date. INITIATED BY: Rafael Garcia, Jr. I STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Director I PREVIOUS COUNCIL ACTION: City Council has approved previous Rental Car Agency Concession and Lease Agreements with Enterprise Rent-A-Car Company of Texas, a Texas Corporation. I BACKGROUND: On June 15, 2006, 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 for five locations were received 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 $58,000.00 or ten percent (10%) of the annual gross sales derived from the operation of the leased premises, whichever is greater. J Following is a bid tabulation of respondents for the five car rental agency locations within the airport passenger terminal: Car Rental Agency MAG Bid Amount Required MAG Variance AvisrBudget Rent-a-Car $146,300.00* $58,000.00 $88,300.00 Advantage Rent-a-Car $ 95,780.64 $58,000.00 $37,780.64 Enterprise Rent-A-Car $ 91,000.20 $58,000.00 $23,000.20 National Car Rental $ 80,513.59 $58,000.00 $22,513.59 Hertz Rent-a-Car $ 79,001.00 $58,000.00 $21,001 .OO Total MAG From Top 5 Proposers $492,595.43 $290,000.00 $202,593.43 1 I I I I 1 Alamo Rent-a-Car** $ 58,000.00 $58,000.00 $0.00 1 "Includes a 40% premium for dual branding as AvidBudget. **Required to enter into an Off-Airport Car Rental Concession Agreement. FINANCIAL IMPACT: 1 Account No. 242-0000-361-3004: $7,583.35 Monthly Concession Fee Account No. 242-0000-361-1 060: $ 495.00 Monthly Office & Counter Rental Account No. 242-0000-361 -1060: $ 380.00 Monthly Parking Spaces Fee 1 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That the City 'On July 10, 2006, the Airport Advisory Sub- Manager execute a Rental Car Agency I Committee on Rates and Charges and the Concession and Lease Agreement with Enterprise Airport Advisory Committee recommended Rent A Car of Texas dba Enterprise Rent A Car. approval. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A RENTAL CAR AGENCY CONCESSION AND LEASE AGREEMENT WITH ENTERPRISE RENT-A-CAR COMPANY OF TEXAS DBA ENTERPRISE RENT A CAR FOR THE APPROXIMATE 165 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 FIVE (5) YEARS COMMENCING ON AUGUST 1,2006 AND ENDING ON JULY 3 1,2011; 2. MINIMUM ANNUAL GUARANTEE (MAG) SHALL BE $9 1,000.20 OR TEN PERCENT (10%) OF GROSS SALES, WHICHEVER IS GREATER; PROVIDING FOR .4N 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 dba Enterprise Rent A Car, as LESSEE, for approximately 165 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, as a contract and in hrtherance of the development of the 1 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 Enterprise Rent-A-Car Company of Texas dba Enterprise Rent A Car for approximately 165 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 AUTfJORIZMG A RENTAL CAR AGENCY CONCESSION AND LEASE AGREEMENT BETWEEN THE CITY OF LAREDO AND ENTERPRISE RENT A CAR PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY BY: m fla &442 VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY Page 2 of 2 COUNCIL COMMUNICATION I DATE: I SUBJECT: INTRODUCTION OF AN ORDINANCE Authorizing the City Manager to execute a Rental Car Agency Concession and Lease Agreement with Coastal Bend Rent A Car, Inc. (Avis Rent A Car) and South Texas Auto Rental Services, LLC (Budget Rent A Car) for the approximate 171 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. Lease term is for five (5) years commencing on August 1, 2006, and ending on July 31, 201 1. Minimum Annual Guarantee (MAG) shall be $146,300.00 or ten percent (10%) of gross sales, whichever is greater; providing for an effective date. INITIATED BY: Rafael Garcia, Jr. STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Director PREVIOUS COUNCIL ACTION: City Council has approved previous Rental Car Agency Concession and Lease Agreements with Coastal Bend Rent a Car, Inc. dba Avis Rent a Car. BACKGROUND: On June 15, 2006, 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 for five locations were received 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 $58,000.00 or ten percent (10%) 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 I airport passenger terminal: Car Rental Agency MAG Bid Amount Required MAG Variance Avis/Budget Rent-a-Car $146,300.00* $58,000.00 $88,300.00 Advantage Rent-a-Car $ 95,780.64 $58,000.00 $37,780.64 Enternrise Rent-A-Car $ 91-000.20 $58.000.00 $23.000 20 National Car Rental $ 80,513.59 $58,000.00 $22,5 13.5 9- Hertz Rent-a-Car $ 79.001.00 $58-000.00 $21.001 .OO Total MAG From Top 5 Proposers $492,595.43 $290,000.00 $202,593.43 Alarno Rent-a-Car** $ 58,000.00 $58,000.00 $0.00 "Includes a 40% premium for dual branding as AvisIBudget. "Required to enter into an Off-Airport Car Rental Concession Agreement FINANCIAL IMPACT: Account No. 242-0000-361-3004: $12,191.67 Monthly Concession Fee Account No. 242-0000-361-1060: $ 513.00 Monthly Office & Counter Rental Account No. 242-0000-361-1060: $ 380.00 Monthly Parking Spaces Fee COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That the City On July 10, 2006, the Airport Advisory Sub- Manager execute a Rental Car Agency i Committee on Rates and Charges and the Concession and Lease Agreement with Coastal Airport Advisory Committee recommended Bend Rent A Car, Inc (Avis Rent A Car) and approval. South Texas Auto Rental Services, LLC (Budget 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. (AVIS RENT A CAR) AND SOUTH TEXAS AUTO RENTAL SERVICES, LLC (BUDGET RENT A CAR) 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 LAREDO INTERNATIONAL AIRPORT; 1. LEASE TERM IS FOR FIVE (5) YEARS COMMENCING ON AUGUST 1, 2006, AND ENDING ONJULY 31,2011; 2. MINIMUM ANNUAL GUARANTEE (MAG) SHALL BE $146,300 OR TEN PERCENT (10%) 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. (Avis Rent A Car) and South Texas Auto Rental Services, LLC (Budget Rent A Car) as LESSEE, for approximately 171 square feet of ofice and counter space located in car rental space #2 and 19 parking spaces located at 5210 Bob Bullock Loop at the Laredo International Airport, as a contract and in hrtherance of the development of the Laredo International Airport and as i 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. (Avis Rent A Car) and South Texas Auto Rental Services, LLC ( Budget Rent A Car) for approximately 171 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 AUTHORIZlNG A RENTAL CAR AGENCY GUNCESSION AND LEASE AGREEMENT BETWEEN THE CITY OF LAREDO AND COASTAL BEND RENT A CAR, INC. (AVIS RENT A CAR ) AND SOUTH TEXAS AUTO RENTAL SERVICES, LLC (BUDGET RENT A CAR) PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME! L. FLORES CITY ATTORNEY 1 BY: 4~nckfl.d, r9 VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY Page 2 of 2 COUNCIL COMMUNICATION DATE: SUBJECT: INTRODUCTION OF AN ORDINANCE Authorizing the City Manager to execute a Rental Car Agency Concession and 8-14-06 Lease Agreement with Laredo Car Rental, Inc. (National Car Rental) for the approximate 171 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 five (5) years commencing on August 1, 2006, and ending on July 31, 201 1. Monthly rent shall be $80,513.59 or ten percent (10%) of gross sales, whichever is greater; providing for an effective date. INITIATED BY: Rafael Garcia, Jr. STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Director I PREVIOUS COUNCIL ACTION: City Council has approved previous Rental Car Agency Concession and Lease Agreements with Laredo Car Rental, Inc. (National Car Rental). BACKGROUND: On June 15, 2006, 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 for five locations were received 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 $58,000.00 or ten percent (10%) 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 j airport passenger terminal: i Car Rental Agency MAG Bid Amount Required MAG Variance AvisIBudget Rent-a-Car $146,300.00* $58,000.00 $88,300.00 Advantage Rent-a-Car $ 95,780.64 $58,000.00 $37,780.64 Enterprise Rent-A-Car $ 91,000.20 $58,000.00 $23,000.20 National Car Rental $ 80,513.59 $58,000.00 $22,513.59 Hertz Rent-a-Car $ 79,001.00 $58,000.00 $21,001 .OO Total MAG From Top 5 Proposers $492,595.43 $290,000.00 $202,593.43 Alamo Rent-a-Car* * $ 58,000.00 $58,000.00 $0.00 *Includes a 40% premium for dual branding as Avismudget. **Required to enter into an Off-Airport Car Rental Concession Agreement. FINANCIAL IMPACT: Account No. 242-0000-361-3004: $6,709.47 Monthly Concession Fee Account No. 242-0000-361-1 060: $ 513.00 Monthly Office & Counter Rental Account No. 242-0000-361-1060: $ 380.00 Monthly Parking Spaces Fee I I COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That the City , On July 10, 2006, the Airport Advisory Sub- Manager execute a Rental Car Agency Concession and Committee on Rates and Charges and the Airport Lease Agreement with Laredo Car Rental, Inc. Advisory Committee recommended approval. (National Car Rental). AUTHORIZING THE CITY MANAGER TO EXECUTE A RENTAL CAR AGENCY CONCESSION AND LEASE AGREEMENT WITH LAREDO CAR RENTAL, INC. (NATIONAL CAR RENTAL) FOR THE APPROXLMATE 171 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 FIVE (5) YEARS COMMENCING ON AUGUST 1, 2006, AND ENDING ON JULY 3 1,201 1; 2. MINIMUM ANNUAL GUARANTEE SHALL BE $80,513.59 OR TEN PERCENT (10%) 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 171 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 hrtherance 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 Laredo Car Rental, Inc. (National Car Renal) for approximately 171 square feet of oEce 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 ,2006. RAUL G. SALINAS 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 DATE: I SUBJECT: INTRODUCTION OF AN ORDINANCE Authorizing the City Manager to execute a Rental Car Agency Concession and 8-14-06 Lease Agreement with Gateway Rent A Car LLC dba Hertz Systems Licensee 'I for approximately 171 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 five (5) years commencing on August 1, 2006, and ending on July 31, 201 1. Minimum Annual Guarantee shall be $79,001 .OO or ten percent (10%) of gross sales, whichever is greater; providing for an effective date. INITIATED BY: Rafael Garcia, Jr. STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Director I PREVIOUS COUNCIL ACTION: City Council has approved a previous Rental Car Agency Concession and Lease Agreement with Gateway Rent A Car LLC dba Hertz Systems Licensee. BACKGROUND: On June 15, 2006, 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 for five locations were received 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 $58,000.00 or ten percent (10%) 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 i airport passenger terminal: I Car Rental Agency MAG Bid Amount Required MAG Variance AvisBudget Rent-a-Car $1 46,300.00* $58,000.00 $88,300.00 Advantage Rent-a-Car $ 95,780.64 $58,000.00 $37,780.64 L Entervrise Rent-A-Car $ 91.000.20 $58.000.00 $23.000.20 National Car Rental $ 801513.59 $58;000.00 ' 522i513.59 Hertz Rent-a-Car $ 79,001.00 $58.000.00 $21.001.00 Total MAG From Top 5 Proposers $492,595.43 $290,000.00 $202,593.43 Alamo Rent-a-Car** $ 58,000.00 $58,000.00 $0.00 1 "Includes a 40% premium for dual branding as Avis/Budget. **Required to enter into an Off-Airport Car Rental Concession Agreement. FINANCIAL IMPACT: Account No. 242-0000-361-3004: $6,583.42 Monthly Concession Fee Account No. 242-0000-361-1060: $ 513.00 Monthly Office & Counter Rental Account No. 242-0000-361-1060: $ 340.00 Monthly Parking Spaces Fee I COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That the City On July 10, 2006, the Airport Advisory Sub- Manager execute a Rental Car Agency Committee on Rates and Charges and the Concession and Lease Agreement with Gateway Airport Advisory Committee recommended Rent A Car LLC dba Hertz System Licensee. 1approval. AUTHORIZING THE CITY MANAGER TO EXECUTE A RENTAL CAR AGENCY CONCESSION AND LEASE AGREEMENT WITH GATEWAY RENT A CAR LLC DBA HERTZ SYSTEMS LICENSEE FOR THE APPROXIMATE 17 1 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 FIVE (5) YEARS COMMENCING ON AUGUST 1, 2006, AND ENDING ONJULY 31.2011; 2. MINIMUM ANNUAL GUARANTEE SHALL BE $79,001.00 OR TEN PERCENT (10%) OF GROSS SAL,ES, 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 Gateway Rent A Car LLC dba Hertz Systems Licensee, as LESSEE, for approximately 171 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, as a contract and in hrtherance of the development of the Laredo ) International Airport and as a support to the maintenance and operation of the Laredc 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 Gateway Rent A Car LLC dba Hertz Systems Licensee for approximately 171 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 LAREW AND GATEWAY RENT A CAR LLC DBA HERTZ SYSTEMS LICENSEE PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY BY:&-M* VAL, RIA M. ACEVEDO ASSISTANT CITY ATTORNEY Page 2 of 2 COUNCIL COMMUNICATION SUBJECT: INTRODUCTION OF AN ORDINANCE Authorizing the City Manager to execute a Rental Car Agency Concession and Lease Agreement with Southwest-Tex Leasing Co., Inc. dlbla Advantage 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 International Airport. Lease term is for five (5) years commencing on August 1, 2006, and ending on July 31, 201 1. Minimum Annual Guarantee (MAG) shall be $95,780.64 or ten percent (10%) of gross sales, whichever is greater; providing for an effective date. I INITIATED BY: Rafael Garcia, Jr. STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Director I I PREVIOUS COUNCIL ACTION: City Council has approved previous Rental Car Agency Concession and Lease Agreements with Southwest-Tex Leasing Co., Inc. d/b/a Advantage Rent- a-Car. I BACKGROUND: On June 15, 2006, 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 for five locations were received 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 $58,000.00 or ten percent (10%) 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 Agency MAG Bid Amount Required MAG Variance Avismudget Rent-a-Car $146,300.00* $58,000.00 $88,300.00 Advantage Rent-a-Car $ 95,780.64 $58,000.00 $3 7,780.64 Enterprise Rent-A-Car $ 91,000.20 $58,000.00 $23,000.20 National Car Rental $ 80,513.59 $58,000.00 $22,513.59 Hertz Rent-a-Car $ 79,001.00 $58,000.00 $2 1,00 1.OO Total MAG From Top 5 Proposers $492,595.43 $290,000.00 $202,593.43 Alamo Rent-a-Car** $ 58,000.00 $58,000.00 $0.00 *Includes a 40% premium for dual branding as AvisIBudget. **Required to enter into an Off-Airport Car Rental Concession Agreement. FINANCIAL IMPACT: Account No. 242-0000-361-3004: $7,981.72 Monthly Concession Fee Account No. 242-0000-361-1 060: $ 399.00 Monthly Office & Counter Rental Account No. 242-0000-361-1 060: $ 380.00 Monthly Parking Spaces Fee I /I COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That the City On July 10, 2006, the Airport Advisory Sub- Manager execute a Rental Car Agency Committee on Rates and Charges and the Concession and Lease Agreement with Airport Advisory Committee recommended Southwest-Tex Leasing Co., Inc. d/b/a Advantage a~~roval. Rent A Car. 1 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 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 LNTERNATIONAL AIRPORT; 1. LEASE TERM IS FOR FIVE (5) YEARS COMMENCING ON AUGUST 1, 2006, AND ENDING ON JULY 31,2011; 2. MINIMUM ANNUAL GUARANTEE (MAG) SHALL BE $95,780.64 OR TEN PERCENT (10%) 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 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, as a contract and in hrtherance 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 ORDAZNED 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 133 square feet of ofice 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 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 ,2006. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY BY: VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY Page 2 of 2 COUNCIL COMMUNICATION ,I DATE: I SUBJECT: INTRODUCTION OF AN ORDINANCE Amending Ordinance No. 1990-0-197, dated October 16, 1990, that established the Minimum Standards and Requirements for the Conduct of Commercial Aeronautical Services and Activities at the Laredo International Airport; thereby amending Section 11. E, "Line Services", Subsection 2(b), "Hangars and Other Buildings"; Subsection 5, "Product Quality Control and Safety"; and Subsection 8, "Insurance Requirements", providing for an effective date. INITIATED BY: Rafael Garcia, Jr. STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Director I PREVIOUS COUNCIL ACTION: On October 16, 1990, the City Council approved Ordinance 1990-0- 197, that established the Minimum Standards and Requirements for the Conduct of Commercial Aeronautical Services and Activities for implementation with all Fixed Base Operators at the Laredo International Airport. BACKGROUND: The proposed amendment serves to reinforce requirements regarding hangar space requirements, quality control and safety in the storage and dispensing of aviation fuels and further serves to update the minimum insurance coverage requirements. FINANCIAL IMPACT: None. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Approval of this On June 13,2006, the Airport Advisory amendment. Committee recommended approval of this Amendment No. 1. I Ah' ORDINANCE AMENDING ORDINANCE NO. 1990-0-197, DATED OCTOBER 16, 1990, THAT ESTABLISHED THE MINIMUM STANDARDS AND REQUIREMENTS FOR THE CONDUCT OF COMMERCIAL AERONAUTICAL SERVICES AND ACTIVITIES AT THE LAREDO INTERNATIONAL AIRPORT; THEREBY AMENDING SECTION 11. E., "LINE SERVICES7';' SUBSECTION 2(b), "HANGARS AND OTHER BUILDINGS; SUBSECTION 5, "PRODUCT QUALITY CONTROL AND SAFETY"; AND SUBSECTION 8, "INSURANCE REQUIREMENTS"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Axport Director recommends that the City Council approve the proposed amendment to Ordinance No. 1990-0- 197 dated October 16, 1990; WHEREAS, the Airport Advisory Committee finds that said amendment is in the best interest of the Airport and recommends that the City Council approve the proposed amendment; and 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. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The minimum requirements and standards for the conduct of aeronautical services and activities at the Laredo International Airport contained in the "Minimum Standards and Requirements for the Conduct of Commercial Aeronautical Services and Activities at Laredo International Airport7', is hereby amended as follows: Minimum Standards and Requirements For The Conduct of Commercial Aeronautical Services and Activities WHEREAS, on October 16, 1990, Ordinance No. 1990-0-197 was approved establishing the Minimum Standards and Requirements for the Conduct of Commercial Aeronautical Services and Activities at the Laredo International Auport. WHEREAS, said Minimum Standards and Requirements for the Conduct of Commercial Aeronautical Services and Activities at the Laredo International mrt,attached as Exhibit 1, are amended as follows: E.Line Services (Aircraft Fuels and Oil Dispensing) 2. Minimum Standards (a) Land Page 1 of 7 AN ORDINANCE AMENDING FBO REQUIREMENTS The Operator shall lease from the City an area of not less than 43.560 square feet of land to provide space for: hangars and other buildings; paved private auto parking; paved aircraft apron; a paved pedestrian walkway; and all storage, utilities, and support facilities. (b) Hangars and other Buildings The Operator shall lease or construct hangar facilities providng at least 20.000 square feet or aircraft storage and working area, and at least 1.200 square feet of properly lighted, heated, and air conditioned space for offices, public lounge, public restrooms, and public telephones. If flight training is one of the multiple services offered, the Operator shall provide classrooms and briefing room facilities in the aforementioned buildings. Citv shall verifv prior to issuance of concession to Operator, that Operator meets the hangar and other buildings minimum space reauirements. (c) Air& Apron At least 15,000 square feet of paved aircraft parking and storage area shall be provided by the Operator with its leasehold. However, this requirement may be satisfied, where an adequate non-exclusive use aircraft apron is available fronting and immediately adjacent to Operator's leased or owned hangar space. (d) Auto Parking At least 15 paved spaces shall be provided by the Operator within its leasehold. No on-street parkmg will be permitted. (e) Taxiwav Access The Operator shall provide paved access from its facilities to the wort's taxiway system. Such taxiway access shall meet all applicable Airport and FAA standards for the largest aircraft type anticipated to use the Operator's facility. NOTE: With prior written permission of the City, the requirements of "a" through "emabove may be satisfied by a sublease of such space from another commercial operator at the Airport. E.Line Services (Aircraft Fuels and Oil Dispensing) 5. Product WitvControl and Safety This section shall conform to standards the Auport is required to place in the "Operations Manual" as required by Federal Aviation Administration Part 139 regulations. The Operator is responsible for the following: (a) Must idenw delivery of fuel as to proper grade. (1) Be sure all compartments and valves are sealed. (2) Check color and specifications. Page 2 of 7 AN ORDINANCE AMENDING FBO REQUIREMENTS (3) Check truck tank sump for contamination by use of industry accepted methods. (b) Check storage tanks for water and contamination. Neither will exceed industry accepted standards. (c) All turbine fuels must be filtered before entering storage tanks. (d) Daily checks for water and contamination must be made by use of industry accepted methods. (e) Fuel may only be removed through an industry approved filtration system. (f) Filters must be of multiple cartridge type provided with visual filter container contamination equipment. The filters must also be equipped with differential pressure measuring equipment. (g) All equipment, mobile and otherwise, must be color-coded, placarded, and identdiable in accordance with industry accepted standards. (h) For turbine fuels, under-tank loading may be required. (i) At the be-g of each day, unless the trucks are refilled during the working day from underground storage, a visual sump check of both the tank and filter will be made to determine contamination. Written proof of such inspection shall be maintained for a minimum period of three months. (i) For turbine fuel, in additiotl, a mechanical or chemical check will also be made. (k) In addition to the above preventative measures, the ve&m Fied base overator will also be required to make industry recommended filtration equipment inspections to determine that they meet industry accepted standards, and the &fixed base overator will replace same as required. (I) At all places in the foregoing, where inspections are required, the vea& fixed base operator will be responsible for keeping duplicate written records in an acceptable form, and at the end of each month will, upon request, provide the City's Airport Director or his designated representative with the duplicate oopy. Furthermore, fixed base overator shall make available to its customers, upon reauest and during normal business hours @:00 am. to 500 v.m., Mondav through Fridav, excevt durinp national hotidavs) a covv of its most recent insaection reports, as well as covv of its certifications and training records for fuel for emvlovees performing aircraft fueling: (m) The Qpmtw fixed base overator will be required to provide safety facilities and procedures to meet the requirements established by the City to include a poUution prevention plan. E.Line Services (Aircraft Fuels and Oil Dispensing) 8. Insurance Requirements Page 3 of 7 AN ORDINANCE AMENDING FBO REQUIREMENTS The Operator performing Line Services will be required to cany as a minimum the following types and amounts of insurance coverage: Type of FBO limits Tvae of Insurance Minimum Aircraft repair, fueling, refueling Umbrella Liabilitv $5,000,000 All Others at the Umbrella Liabilitv Not required Citv's discretion Repair, taxiing or towinp of Hanearkeepers aircraft, or in anv wav having Le~alLiabilitv care, custody or control of third- party aircraft fieling o~erations, Undermound Storape Tank $2.000,000 res~onsiblefor maintaining Liability underground storage tanks The following insurance provisions shall modifv Minimum Requirements and Standards for the privilege and rieht to conduct aeronautical services and activities at the Laredo International Airport, amendinp the fixed base oaerator contracts and the fmed base ooerator shall complv with each and every condition contained herein. The fixed base operator shall provide and maintain the minimum insurance coverapes set forth below durin~the term of its agreement with the City. 1. Commercial General Liability insurance at minimum combined single limits of $1,000,000 per occurrence and $2,000,000 general aggregate for bodilv iniurv and property damage, which Page 4 of 7 AN ORDINANCE AMENDING FBO REQUIREMENTS coverage shall include products/completed operations $1,000,000 ~roductslcompleted operations agerepate), and XCU (Explosion, Collapse, Underground) hazards. Coverape for products/completed operations must be maintained for at least two (2) years after the FBO a~reementexpires. Coverage must be written on an occurrence form. Contractual Liability must be maintained covering the fmed base operators' obligations contained in the contract. The general aggregate limit must be at least two (2) times the each-occurrence limit. 2. Workers Compensation insurance at statutorv limits, including Employers Liability coverage a minimum limits of $1,000,000 each-occurrence each accident/$1,000,000 by disease each- occurrence/$1,000.000 by disease aegre~ate. 3. Commercial Automobile Liability insurance at minimum combined single limits of $1,000,000 per occurrence for bodily injury and property damage, including owned, non-owned, and hired car coverape. 4. Hangarkeepers Legal Liabilitv insurance at minimum limits of $2,000,000 per-aircraft1 $2,000,000 per-occurrence. 5. Underground Storage Tank Pollution Liabilitv to include coverage for third-party bodily iniury and property damage (on and off-site). The UST insurance shall also include clean-up, remediation, restoration costs, and other related costs and expenses. If this coverage is claims- made, the policy retro date shall be set and maintained not later than the inception date of this Agreement. This insurance shall be continuously in place during the full term of this Agreement, including any extensions or renewals thereof, and for a period of at least one year after the final termination of this Ameement. UST coverage limits shall be $2,000,000 per-claim. 6. Umbrella Liabilitv insurance at minimum limits of $1,000,000 each-occurrence $2,000,000 amrepate with respect to Primarv Commercial General Liability, Automobile Liabilitv, and Emplovers Liability. 7. Pollution Liability insurance at minimum limits of $1,000,000 each-occurrence. Anv Subcontractor(s) hired bv the fixed base operator shall maintain insurance coverape equal to that required of the fixed base operator. It is the res~nsibilityof the fixed base operators to assure compliance with this provision. The Citv of Laredo accepts no responsibilitv arising from the conduct, or lack of conduct, of the Subcontractor. A Comprehensive General Liabilitv insurance form may be used in lieu of a Commercial General Liability insurance form. In this event, coveraPe must be written on an occurrence basis, at limits of $1,000,000 each-occurrence, combined single limit, and coverage must include a broad form CompreheIL3ive General Liability Endorsement, products/completed operations, XCU hazards, and contractual liability. With reference to the foregoing insurance requirement, the fixed base operators shall specifically endorse applicable insurance policies as follows: 1. The Citv of Laredo shall be named as an additional insured with respect to General Liability and Automobile Liabilitv. 2. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 3. A waiver of subroeation in favor of The City of Laredo shall be contained in the Workers Compensation and all liabilitv policies. Page 5 of 7 AN ORDINANCE AMENDING FBO REQUIREMENTS 4. AN insurance policies shall be endorsed to require the insurer to immediately notifv The Citv of Laredo of anv material change in the insurance coverage. 5. All insurance policies shall be endorsed to the effect that The Citv of Laredo will receive at least sixty (60) days' notice prior to cancellation or non-renewal of the insurance. 6. All insurance policies, which name The City of Laredo as an additional insured, must be endorsed to read as primary coverage regardless of the application of other insurance. 7. Required limits may be satisfied bv anv combination of primary and umbrella liability insurances. 8. FBO may maintain reasonable and customary deductibles, subject to approval by The City of Laredo. 9. Insurance must be purchased from insurers that are financiallv acceptable to the Citv of Laredo. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. Certificates of insurance shall be prepared and executed bv the insurance company or its authorized agent and shall contain provisions representing and warranting the followinp: 1. Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein. 2. Shall specificallv set forth the notice-of-cancellation or termination provisions to The Citv of Laredo. Upon request, FBO shall furnish The City of Laredo with certified copies of all insurance policies. EXECUTED ON THIS DAY OF ,2006. CITY OF LAREDO A municipal corporation BY: LARRY DOVALINA CITY MANAGER ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY BY: VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY Page 6 of 7 AN ORDINANCE AMENDING FBO REQUIREMENTS Section 2: This Ordinance amendment shall become effective upon passage hereof. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY BY: . VALERIA M. ACEV~DO ASSISTANT CITY ATTORNEY Page 7 of 7 COUNCIL COMMUNICATION I DATE: SUBJECT: INTRODUCTION OF AN ORDINANCE Authorizing the City Manager to execute an amendment to the lease I 8-14-06 agreement approved by Ordinance No. 2002-0-241 dated September 16, 2002, between the City of Laredo, as Lessor, and Comision Mexico-Americana Para La Erradicacion Del Gusano Barrenador (U.S.D.A), as Lessee; thereby, amending Section 1.02, "Termn, to end on May 31, 2006 instead of May 31, 2007, provided Lessee pays back rent in the amount of $36,831 -00; providing for an effective date. I INITIATED BY: Rafael Garcia, Jr. STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Director I PREVIOUS COUNCIL ACTION: City Council approved previous lease agreements with Comision Mexico Americana Para La Erradicacion Del Gusano Barrenador (U.S.D.A.). BACKGROUND: Lessee has occupied several buildings within the Laredo International Airport since 1977 for the purpose of housing its administrative and logistical headquarters for the U.S.D.A. Screwworm Eradication Program. The current lease agreement is for Building No. 1308 constituting approximately 19,765 square feet located at 4305 Maher Avenue. The lease term is due to terminate May 31, 2007, and it does not have an early termination. I Lessee vacated the premises in June 1, 2005, due to budgetary constraints. Lessee is an international organization located in Chiapas de Corzo, Chiapas, Mexico, governed by Mexican and American counterparts. Due to budgetary restraints, Lessee could cease to exist within a year. Therefore, Lessee proposes terminating the lease effective May 31,2006, and paying back rent in the amount of $36,831.00. FINANCIAL IMPACT: None. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That the City On July 24, 2006, the Airport Advisory Sub- Manager be authorized to execute the lease Committee on Rates and Charges and the agreement with Comision Mexico-Americana Para Airport Advisory Committee recommended La Erradicacion Del Gusano Barrenador approval. (U.S.D.A.). AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT APPROVED BY ORDINANCE NO. 2002-0-241 DATED SEPTEMBER 16, 2002, BETWEEN THE ClTY OF LAREDO, AS LESSOR, AND COMTSION MEXICO-AMERICANA PARA LA ERRADICACION DEL GUSANO BARRENADOR (U.S.D.A.), AS LESSEE; THEREBY, AMENDING SECTION 1.02, "TERM", TO END ON MAY 31, 2006 INSTEAD OF MAY 31,2007, PROVIDED LESSEE PAYS BACK RENT IN THE AMOUNT OF $36,831.00; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Airport Director recommends that the City Council approve the proposed amendment to the lease agreement approved by Ordinance No. 2002-0-241 dated September 16, 2002, between the City of Laredo, as LESSOR, and Comision Mexico- Americana Para La Erradicacion Del Gusano Barrenador (U.S.D.A.), as LESSEE; therefore, amending Section 1.02, "Term", to end on May 3 1, 2006 instead of May 3 1, 2007, provided Lessee pays back rent in the amount of $36,83 1.00, 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 amendment 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 an amendment to the lease agreement approved by Ordinance No. 2002-0-241 dated September 16, 2002, between the City of Laredo, as Lessor, and Comision Mexico Americana Para La Erradicacion Del Gusano Barrenador (U.S.D.A.), as Lessee; thereby amending Section 1.02, "Term", to end on May 3 1, 2006 instead of May 3 1, 2007, provided Lessee pays back rent in the amount of $36,83 1.00, a copy of which amendment 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 AN AMENDMENT WITH CWMISION MEXICO-AMERICANA PARA LA ERRADICACION DEL GUSANO BARRENADOR (U.SD.A.) FOR BUILDING NO. 1308 PASSED BY THE CITY COUNClL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR CITY SECRETARY Page 2 of 2 COUNCIL COMMUNICATION DATE: SUBJECT: INTRODUCTION OF AN ORDINANCE Amending Ordinance No 99-0-363 and as amended by Ordinance No. 2002-0-205 dated 8- 14-06 August 19, 2002 by adding a section authorizing the City Manager to pay real estate commission to Real Estate Brokers whose efforts result in the sale of properties located at the Laredo International Airport and approving the commission to be paid per transaction based on a percent of the bid approved by City Council. INITIATED BY: Rafael Garcia, Jr. STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Director PREVIOUS ACTION: On August 19,2002, Amendment was approved by City Council. BACKGROUND: The Auport Land Marketing Policy allows Real Estate Brokerage participation in leasing airport land while the City retains and reserves the right to solicit and acquire tenants through internal capabilities. The proposed amendment will authorize the City Manager to pay a commission to Real Estate Brokers whose efforts result in the sale of land located at the Laredo International Airport, as per the following commission schedule. The Real Estate Brokers will be enlisted to promote 1 market Airport Fund properties to prospective Buyers. Land Value (bid amount) Commission based on Percent of Value Less than $ 1,000,000 3.50 % $ 1,000,001 to $3,000,000 3.00 % $ 3,000,001 to $5,000,000 2.50 % $5,OOO7O01andgreater 2.25% The monetary commission paid on Land Sales to Brokers shall be based by the amount of the bid approved by City Council and according to the Table noted hereinabove and only after closing on the sale. No commission shall be owed in the event City Council rejects the bid or bids and in the event bidder withdraws his bid offer for whatever the reason may be. The following are some highlights of the policy: 1. The broker is certified by Buyer to be the procuring cause of the public sale. 3. The broker certifies he has represented the City's interest in the transaction. 6. In the event more than one broker is involved in any one sale transaction, the City shall only pay a single commission, which will be determined &om the certification of the Buyer establishing the procuring broker. FINANCIAL: Enhanced-public sale activity will result in enhanced revenues accruing to the Airport Fund. Commissions paid to Real Estate Brokers will come fiom new revenues &om land sales. RECOMMENDATION: On July 10,2006, the Airport STAFF: Recommend approval of this Advisory Committee recommended approval. amendment to the ordinance. AN ORDINANCE AMENDING ORDINANCE NO. 99-0-363 AND AS AMENDED BY ORDINANCE NO. 2002-0-205 DATED AUGUST 19, 2002, BY ADDING A SECTION AUTHORIZING THE CITY MANAGER TO PAY REAL ESTATE COMMISSION TO REAL ESTATE BROKERS WHOSE EFFORTS RESULT IN THE SALE OF PROPERTIES LOCATED AT THE LAREDO INTERNATIONAL AIRPORT AND APPROVING THE COMMISSION TO BE PAID PER TRANSACTION BASED ON A PERCENT OF THE BID APPROVED BY CITY COUNCIL; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Airport Director recommends that the City Council approve the proposed Amendment to the Airport Land Marketing Policy approved by Ordinance No. 99-0-363 and as amended by Ordinance No. 2002-0-205 dated August 19, 2002, by adding a section authorizing the City Manager to pay real estate commission to Real Estate Brokers whose efforts result in the sale of properties located at the Laredo International Airport and approving the commission to be paid per transaction based on a percent of the bid approved by City Council, 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 amendment 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 Airport Land Marketing Policy be amended as follows: AIlPPORT LAND MARKETING POLICY A. The City shall allow brokerage participation in the leasing of airport land, office space,[- buildings, and sale ofproperty while retaining and reserving the right to solicit and acquire tenants through internal capabilities. City shall not grant exclusive rights to any real estate broker. B. The City has the sole right to accept or reject any offers to lease or purchase and no commissions will be paid on a transaction which the City has rejected. C. No rental rates or sale amount shall be lowered solely due to the absence of broker involvement. Page 1 of 4 D. Commission paid: 1. The monetary commission payable shall be established as the equivalent to six months' rent on the long-term land lease, subject to receipt of rental payments by Lessor. 2. The monetary commission payable shall be established as the equivalent to one month's rent on the office space and building leases with lease terms greater than one (1) year. 3. The monetary commission payable shall be established as the equivalent'of five (5%) percent of the total rent receivable on offices space and building leases with lease terms of one (1) year or less. 4. The monetary commission.payable to Real Estate Brokers whose efforts result in the sale of City of Laredo property located at the Laredo International Airport shall be payable as per Paragraph E, below. E. Commission payments deemed by the City to be incurred and payable shall be paid according to the following schedule and only after scheduled lease payments and sale proceeds have been received by the City: Land Leases: Payable monthly during month 7th through month 12~of the first year of the lease term. Officeand Buildinp Space: One Month's Rent with rent Payable during the 2ndmonth of the terms greater than one (1) year. lease term. Five (5%) percent of the total rent Payable during the 2ndmonth of receivable with term of one(1) year the lease term. or less. Sale of fiopertv: Land Value (bid amount) Commission based on Percent of Value Less than $ 1,000,000 3.50 % $ 1,000,001 to $ 3,000,000 3.00 % $3,000,001 to $ 5,000,000 2.50 % $ 5,000,001 and greater 2.25 % The monetaw commission paid on sale ofproper& to Brokers shall be based by the amount of the bid approved b y Citv Council and according to the Table noted hereinabove and only after closing on the sale. No commission shall be owed in the event Citv Council rejects the bid or bids and in the event bidder withdraws his bid offerfor whatever the reason. 1 F. The City shall pay a commission to a licensed real estate broker only if: Page 2 of 4 1. The broker is certified by Lessee or Buver to be the procuring cause of the lease or sale. 2. The broker certifies to Citv that it is not the Lessee or buyer, an employee of the Lessee or Buyer, or does not own or have substantial control over or in the Lessee's or Buyer's business. 3. The broker cerbfies he has represented the City's interest in the transaction. G. The City shall pay commissions for transactions involving present Lessees acquiring additional sites provided the real estate broker meets the requirements outlined in Paragraph F. H. The City shall pay no commissions on any breakout leases or subleases. I. Leasing commissions shall be established at lease onset and no adjustments shall be made in the established commission due to changes in the lease rental rates. J. In the event more than one broker is involved in any one lease transaction, the City shall only pay a single commission, which will be determined from the certification of the Lessee establishing the procuring broker. K. The Auport Land Marketing Policy will exclude any properties currently under negotiation. L. The Auport Land Marketing Policy is effective upon Cilv Council approval ofthis ordinance. AIRPORT CERTIFICA TION FORM AIRPORT LAND MARgETING POLICY 1. The undersigned Lessee hereby certifies: a. that the subject lease was entered into as a result of the efforts of the above-referenced Real Estate Broker and the said Real Estate Broker was, in Lessee's opinion, the procuring cause of th~slease described above; b. that Lessee does not intend to participate, nor will participate, in the commission paid to the above-mentioned Real Estate Broker; c. that Lessee is not affiliated in anyway with the Real Estate Broker and has received from said Real Estate Broker the disclosure promulgated by the Texas Real Estate Commission stating, in effect, that said Real Estate Broker is representing the City of Laredo's interest. 2. The undersigned Real Estate Broker hereby certifies: a. that Broker is not the Lessee, an employee or independent contractor of the Lessee, and does not own, or have substantial control over or in, the Lessee's business activities, and; b. that said Broker does not intend to share, and will not share, in any manner, form ar by other consideration, all or any portion of the commission with the Lessee, and; c. that Broker has represented the City of Laredo's interest in the negotiation and execution of the lease. Page 3 of 4 Properly Description: Lease Effective Date: Lessee: Date: Real Estate Broker License No. Date: Airport Director Jose L. Flores Date: Section 2: This Ordinance shall become effective upon passage hereof PASSED BY THE CITY COUNCIL AND APROVED BY THE MAYOR ON THIS THE DAY OF ,2006. RAUL G. SACINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR CITY SECRETARY APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY BY: VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY Page 4 of 4 COUNCIL COMMUNICATION ) ATE: SUBJECT: INTRODUCTORY ORDINANCE ROVIDING FOR THE SUBMISSION OF PROPOSED AMENDMENTS TO HE CHARTER OF THE CITY OF LAREDO TO THE VOTERS ON 7, 2006, AND ORDERING SAID ELECTION; IRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF THE EWSPAPER OF GENERAL CIRCULATION IN THE CITY ON OCTOBER OCTOBER 22,2006; SAID NOTICE TO SET FORTH IN FULL HE TEXT OF THE PROPOSED AMENDMENTS; AND DIRECTING THE NY OTHER NECESSARY ACTION REQUIRED FOR THE CONDUCT OF SAID ELECTION INITIATED BY: STAFF SOURCE: Larry Dovalina aime L. Flores, City Attorney City Manager knthony C. McGettrick, Ass't C.A. l~ustavoL. Guevara, City Secretary PREVIOUS ACTION: Council held workshops on the Charter Review Commission's proposed amendments to the City Charter on July 19' and July 24th,2006, and directed the calling of an election. BACKGROUND: he ordinance sets forth in its entirety those sections of the charter proposed for amendment by Revision Commission, and as amended or added to, after review of their City Council on July 19'h and 244 and orders an election to be held on the propose by the voters on November 7,2006. his ordinance will be published in full twice as directed by Section 9.004 of the Texas Local Code. rom the contents of said ordinance directing the election, a list of related propositions to b submitted to the voters on November 7, 2006 has been prepared and the list is attached to th rdinance. As required by law, the ballot is "prepared so that the voters may approve or disapprov any one or more amendments without having to approve or disapprove all of the amendments." (V.T.C.A. Texas Local Government Code $9.004(e)) IFINANCIAL: I RECOMMENDATION: STAFF RECOMMENDATION: 1 that the ordinance by introduced '1 I ORDINANCE NO. / PROVIDING FOR THE SUBMISSION OF PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF LAREDO TO THE VOTERS ON TUESDAY, NOVEMBER 7, 2006, AND ORDERING SAID ELECTION; DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF THE ELECTION FOR THE SUBMISSION OF SAID AMENDMENTS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY ON OCTOBER 15,2006 AND OCTOBER 22,2006; SAID NOTICE TO SET FORTH IN FULL THE TEXT OF THE PROPOSED AMENDMENTS; AND DIRECTING THE CITY SECRETARY TO CONDUCT ABSENTEE VOTING AND TO TAKE ANY OTHER NECESSARY ACTION REQUIRED FOR THE CONDUCT OF SAID ELECTION WHEREAS, the City Council previously appointed a City Charter Commission of local citizens to review the City Charter and to make recommendations to the City Council as to any changes or amendments which the Commission might consider necessary or appropriate for the consideration of the City Council; and WHEREAS, the City Charter Commission submitted a report to the City Council on Janurary 23, 2006, containing the Commission's recommendations as to proposed changes or amendments to some sections of the Charter; and 1 WHEREAS, THE City Council held two workshops on July 19 and July 24, 2006 to review such recommendations and to propose additional amendments to the Charter; and WHEREAS, the City Council has reviewed the proposed amendments based on the Commission's recommendations and finds that the amendments listed below should be submitted to the voters at the next uniform election date, November 7,2006; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: PART 1. An election is hereby ordered at the next uniform election date, namely, Tuesday, November 7, 2006, for the purpose of submitting to the voters of the City the following proposed amendments to the City Charter. The proposed amendments are as follows: ARTICLE I. INCORPORATION, FORM OF GOVERNMENT AND POWERS OF THE CITY Section 1.01 Incorporation The inhabitants of the City of Laredo, in Webb County, Texas residing within the corporate limits as now established and as hereafter extended, shall continue to be and are hereby constituted a municipal body politic and corporate, in perpetuity, under the name of "City of Laredo", hereinafter referred to as the "City", and having such powers, privileges, rights, duties, and immunities as are herein provided. Section 1.02. Form of government The municipal government provided bv this Charter shall be known as the "council-mana~er government." Pursuant to its provisions and subiect only to the limitations imposed by the state constitution and by this Charter, all vowers of the city shall be vested in an elective council, hereinafter referred to as "the City Council", which shall enact local legislation, adopt budgets, determine policies and appoint the city manager, who shall execute the laws and administer the government of the city. All power of the city shall be exercised in the manner prescribed by this Charter, or if the manner be not prescribed. then in such manner as may be prescribed by ordinance. Section I&&1.03 Powers of the City The Citv is and shall continue to be a Home Rule City, with full power of local self-government, including the right to amend this Charter as provided by the constitution and laws of this State. It shall have all the powers possible for a Home-Rule City under the constitution and laws of the State of Texas. as fully and completely as though they were specifically enumerated in this Charter. Section 443 1.04 Annexation 1 The City Council shall have the power by ordinance to fix the boundary limits of the City of Laredo, and to provide for the alteration and the extension of said boundary limits, and the annexation of additional territory 0 0.in accordance with .applicable . provisions of the constitution and laws of the State of Texas. . . I- The City Council shall have the power by ordinance to contract with +he . . owners of land for the its voluntary annexation. W Section W 1.05 Construction The powers of the City under this Charter shall be construed liberally in favor of the City, Home-Rule City, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general powers stated in this article. Section 445 1.06 Intergovernmental Relations The City may exercise any of its powers or perform any of its functions . . -, -, by contract or otherwise, jointly or in cooperation with any efte-errrtefe state and civil authority, includinp the United States and foreign states. As a general principle, the City of Laredo shall endeavor to create an environment of governmental co-operation with the County of Webb, the public school districts, and any other governmental entity or political subdivision of the State of Texas that abuts or is located within the City of Laredo. Such cooperation shall promote a seamless, efficient, effective, equitable, and accountable delivery of services to all citizens and residents of the City of Laredo and, to the extent allowable by law, to those citizens that fall under the extraterritorial jurisdiction of the City of Laredo. These endeavors shall be memorialized in the form of inter-governmental contracts, joint services agreements or memorandums of understanding, which will call for cooperation and sharing of services and resources amon? the governmental bodies herein mentioned. Section 2.01 Composition, &@&My Qualifications and Terms \ (A) Composition ' There skaKlte is hereby created as the governing body of the City, a City Council composed of a Mayor and eight @ Council Members. The City shall be divided into eight (8j districts which shall be drawn by ordinance. & A City Council Member shall be elected from each of these eight districts. Whenever the term "City Council Member" is used in this Charter-+mams membe it refers to a member of the City Council other than the Mayor; however, the term, "City Council" shall mean the eight Council Members and the Mayor. (B)- Qualifications The Mayor and all Citv Council Members shall be registered voters of the City, and shall have resided within the City for twelve months immediately precedin~the last day for filing an application for candidacy. Additionally. City Council members shall have resided within the district for which they file for candidacy for ninety (90) days preceding the last day for filin~of an application for candidacy and must maintain their residence in the district from which elected throughout their term of office. (C) Terms ) City Council Members may serve two four year terms excluding time served through appointment or election to an unexpired term. The terms of City Council Members shall be staggered. Subiect to the prohibitions and limitations of Section 2.03(A), service as a Citv Council Member does not limit service in another elected position. Section 2.02 Compensation; Expenses Unless otherwise provided by law, each member of the Citv Council shall receive compensation for his or her service in office. The City Council may determine the annual salary of the Mayor and City Council members by ordinance, but no ordinance increasing such salary shall become effective for Mayor or City Council members until the date of commencement of their respective new term, provided that such respective new term follows the adoption of the ordinance by at least three (3) months. The Mayor and City Council Members shall get a salary deduction to be assessed for each unexcused absence from any regular City Council meeting. The Mayor and City Council Members shall receive reimbursement for their actual and necessary expenses incurred in the performance of their duties of office. 1 Section 2.03 Prohibitions 1 (A) Holding Other Office Except where authorized by law, rte neither the Mayor nor a Council Member shall hold any other City office or City employment during the term for which he or she was elected. +&k€em&, and no former Mayor or Council Member shall hold any compensated appointive City office or Citv_ employment until one year after the expiration of the term for which he or she was elected. te (B) Appointments and Approvals Unless it is otherwise specifically provided in this Charterfl flCity Council shall not in anv manner dictate the appointment or removal of any City administrative officer or employee whom the City Manager or any of his subordinates are empowered to appoint or remove, but the C& Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees. (C) Interference with Administration Except for the purpose of inquiries for obtainin? information or reporting ~roblemswith services and of investigations under Section 2.06, the City Council shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager and Cr---;" shall notgive orders to any such officer or employee -. either publicly or privately. Section 2.04 Vacancies: Forfeiture of Office, Piling Filling of Vacancies (A) Vacancies The office of the Mayor or of a Council Member shall become vacant upon kt4 death, resignation, removal from office in any manner authorized by law, or by forfeiture of his office. (B) Forfeiture of Office The Mayor or a Council Member shall forfeit& office if he or she: (I) lacks at any time during kt4 the term of office any qualification for holding the office prescribed by this Charter or by law; (2) 4kaH fail2 to meet the residency requirements for &election to office; (3) is convicted of a crime involving moral turpitude or felony; (4) fails to attend three (3j consecutive regular Council meetings without being excused by the Council; or (5) violates the prohibited personal financial interest provision set forth in Section 12.01 or any other provisions of this Charter that prescribe forfeiture. (C) Filling of Vacancies MF): Any vacancy or vacancies occurring within the City Council and the office of the Mayor shall not be filled by appointment but shall be filled by maiority vote of the qualified voters at a special election called for such purpose within 120 days after such vacancy or vacancies occur. Section 2.05 Judge of qualifications The & Council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of tkek office The City Council shall have the power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting ground for forfeiture of hoffice shall be entitled to a public hearing. eff$efftaff8, aid Notice of such hearing shall be published in one or more newspapers of general circulation in the City at least one week in advance of the hearing. Decisions made by &e & Council under this section !dxd&be are subject to judicial review. w. Section 2.06 Investigation The & Council shall have the power to inquire into the official conduct of any department, agency, office, or employee of the City. For this purpose the & Council shall have the power to ) administer oaths, subpoena, witnesses, and to compel the production of books, papers, and other evidence material to the inquiry. The City Council shall provide by ordinance penalties for contempt in failing or refusing to obey any such subpoena or to produce any such books, papers or other evidence, and shall have the power to punish any such contempt in the manner provided by the ordinance. Section 2.07 Procedure (A) Meetings The C& Council shall meet regularly at least once each month at such time and place as the C& Council may prescribe by ordinance. Special meetings may be called upon the written request of the Mayor or at least four 0 Council Members. All meetings shall be posted by the City Secretay and conducted in accordance with the Texas Open Meetings Act. 4 (B) Rules and kmma4 Minutes The City Council shall determine its own rules and orders of business, and shall provide for . . keeping qetmd minutes of its proceedings. Tkqetmd These minutes shall be a public record. 1 (c) Voting Voting, except on procedural matters, shall be by roll call and the ayes and the nays shall be recorded in the jetma4 minutes. The Mayor and any four (4) Council Members or e&ke&&e any five (5) Council Members shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Council. No action of the Council shall be valid or binding unless adopted by the affirmative vote of four or more Council Members. However, the affirmative vote of five (5) Council Members ftre required for levying of taxes, entering into contracts by the city, appropriating money from the City funds, granting any franchise or privilege for the use of the City streets or other public areas, erconveying City lands, . . or passage of an emerpency ordinance. For the purpose of the previous sentence, '7 1.c l *. A.Id \ (whenever there shall be an affirmative vote of four members of the Council, this shall be deemed a tie and thus the Mayor votes in accordance with Section 2.15(3). Section 2.08 Action Requiring an ordinance In addition to other acts required by law or by specific provisions of this Charter to be done by ordinance any and all of the following acts must also be done by ordinance: whkk (I) Adopt or amend an administrative code or establish, alter or abolish any City department, office or agency; (2) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; (3) Levy taxes; (4) Grant, renew or extend a franchise; (5) Regulate the rate charged for its services by a public utility; (6) Authorize the borrowing of money; (7) Convey or lease or authorize the conveyance or lease of any lands of the City; (8) Create certain boards and commissions provided by state law; (9) Amend or repeal any ordinance previously adopted; and (1 0) Prescribe standards for issuance of business or other licenses; and (1 1) Determine the salary of all elected and appointed City officials and employees. Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution as prescribed by law. Section 2.09 Ordinance in general (A) Form Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject w&eh and such sub-iect shall be clearly expressed in its title. The enacting clause shall read: "Be it ordained by the City Council of the City of Laredo ..." Any ordinance amending an ordinance or a part of the city code shall set out in full the ordinance, section or subsection to be amended, and shall indicate the matter to be omitted by enclosing it in brackets and by usinR strikeout type and shall indicate new matters by underscoring =&by uaitalics. (B) Procedure An ordinance may be introduced by any member of the Council at any regular or special meeting of the Council. Upon introduction of any ordinance, the City Secretary shall distribute a copy to each member of the City Council, and shall file a reasonable number of copies in the office of the City Secretary and such other public places as the Council may designate, including the Internet. Except as provided in Section 2.1 1, no ordinance shall be submitted for a vote of the Council at the same meeting at which it was introduced. Except as provided in Section 8.03, it shall not be necessary that an ordinance be read more than one time before submission for a vote of the Council. The City Council must have a public hearing or inquiry sixty (60) days before it increases any type of taxes or service charges, or passes any bond issue, or utility rate increase. A public hearing fishall be required edy where State or Federal statutes or regulations se provide. Section 2.10 Authentication and Recording; Publication and Codification; Wnthsg (B) Publication and Codification The Council shall cause each ordinance and each amendment to this Charter to be made . . available to the public promptly upon its adoption. The Council shall provide for the preparation of a general codification of all City ordinances having the force of law. The general codification shall be adopted by the Council by ordinance and shall be published promptly in loose-leaf form together with this Charter and any amendments thereto. The official copy of the Code of Ordinances in the office of the City Secretary shall be kept up to date and properly indexed. It shall not be necessary to repeat in the Code of Ordinances technical codes adopted by reference. &pies One copy of the Code shall be furnished to City officials officers. It shall also be placed in libraries and public offices for +kepublic reference and made available electronically and for purchase by the public at production cost. Amendments to the Code of Ordinances may also be purchased by the public as they become available. Section 2.14. Mayor: Election and Term There shall be a Mayor elected by the qualified voters of the City at large. The Mayor shall serve a four (4) year term with a limit of two (2) elected four year terms excluding time served through appointment or election to an unexpired term. Section 2.15 Mttyw: Powers and Duties of the Mayor (I) Shall preside at Council meetings; (2) Shall be recognized as the head of .the . City Government <; <; and as the official representative of the City but shall have no administrative duties. (3) Shall only vote in case of a tie of Council Members; (4) Shall have the veto power and his/ her veto may be over-ridden by a vote of five (5) Council Members. Section 2.16 City Secretary C. The City Council shall appoint and evaluate . an. officer of the City who shall have the title of City Secretary. F.It shall be the duty of the City Secretary to attend every meeting of the City Council and keep accurate minutes of the proceedings thereof in a book to be provided for that purpose and to engross and enroll all laws, resolutions and ordinances of the City Council; to keep the corporate seal; to take charge of and preserve and keep in order all the books, records, papers, documents, and files of said Council, to countersign all commissions issued to the City officers and licenses issued and any other duties and responsibilities as may be assigned by the City Council or state statute. %e€tty The City Secretary may be removed from office by a maiority vote of the entire City Council. Section 3.01 Appointment; Compensation The City Council, by a majority vote of total membership, shall appoint a City Manager for an indefinite term and fix the manager's compensation. Hisker compensation shall be reviewed on a yearly basis upon the anniversary of hidor employment date. I Section 3.02 Qualifications , The City Manager shall be appointed sde@ on the basis of executive and administrative qualifications. Helshe shall have a Bachelor's Degree and no less than seven years experience in municipal government, five # of which must be supervisory managerial experience . A Master's Degree in Public Administration is preferred. The City Manager need not be a resident of the City or State at the time of appointment, but must reside inside the City while in office. Section 3.05 Powers and Duties of the City Manager. The City Manager shall be the chief administrative and executive officer of the City. Helshe shall be responsible to the City Council for the administration of all City affairs placed in hisher charge by or under this Charter. Helshe shall have the following powers and duties: (1) Shall appoint and, when he/she deems it 9,- in the best interest of the City, suspend or remove aH any City department4wids directors provided for by or under this Charter, except as otherwise provided by law, this Charter or personnel rules adopted pursuant to this Charter. Department ha& directors shall have the power to appoint, remove, or suspend all employees in their respective departments pursuant to policy as stated in Section 4.01(B), Directors of Departments. Section 4.01 General Provisions 1 (A) Creation of Departments The Council may by ordinance establish City departments, offices or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices and agencies. ewqHha4 No function assigned by this Charter to a particular department, office or agency may be discontinued or fi pmvdes, assigned to any other, except as otherwise provided by law or this Charter. (B) Director of Departments d.Department directors shall have supervisory responsibility over their respective departments and be subject to Section 3.05(1) and (2) and any other applicable provisions contained in this Charter. Section 4.02 City Attorney The chief legal counsel for the City of Laredo shall be the City Attorney. In representation of the City , the Citv Attorney shall advise the Council, the City Manager and all city departments in matters legal. The City Attorney shall also represent the City in legal proceedings and shall perform such other duties as may be prescribed by this charter or by ordinance. The City Manager appoints the City Attorney subiect to the confirmation by a majority vote of the entire City Council. The City Attorney shall serve until removed upon the recommendation of the City Manager and a maiority vote of the entire Citv Council. Section 5.02 Judge of the Municipal Court CTheJudge of the Municipal Court shall preside over and administer the operation of the Municipal Court. The Judge shall be an attorney, licensed to practice in the courts in the State of Texas and shall reside within the city limits. The Judge shall be elected in the City at larpe for a four year term with a limit of two elected four year terms in addition to any time served through appointment or election to an unexpired term. The Judge of the Municipal Court shall receive such salary as shall be fixed by ordinance. )The Associate Municipal Judges shall be licensed to practice in the courts of the State of Texas. The Municipal Court Judge shall select one Associate Municipal Court Judne and the Citv Manager shall select one Associate Municipal Court Judge, and both must be confirmed by the full City Council. Section 5.03 Clerk of the Municipal Court There shall be a Clerk of the Municipal Court who shall be appmM4y nominated by the City Manager and then confirmed by maiority vote of the City Council, and who shall serve at the pleasure of the Council. The status of the Clerk of the Municipal Court shall be that of a department director. The clerk shall have the power to administer oaths and affidavits, make certificates, affix the seal of the court thereto, and otherwise perform any and all acts necessary in issuing process of such court and conducting the business thereof. There shall be such Deputy Clerks of the Municipal Court as may be authorized by the Council, who shall have authority to act for and on behalf of the Clerk of the Municipal Court and who shall be appointed by the Clerk of the Municipal Court. Section 6.01 Fiscal year . . The City shall operate on a fiscal 1 mrcommencing on the first of October and ending on the last day of September. Stid Section 6.02 Submission of budget At least sixty (60) days before the end of the fiscal year, -, the City Manager shall present to the Council, > >, >, a budget for the ensuing fiscal year with an accompanying budget message. Section 6.04 Budget The budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law or this charter, shall be in such form as the C& Manager deems desirable or the Council may ...... require. . . The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income indicating the proposed property tax levy, with estimated collectible and uncollectible amounts, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the preceding fiscal year. It shall indicate separate sections: (1) The proposed goals and obiectives and expenditures for current operations during the . . ensuing fiscal year, 3 -, -, detailed for each fund by organization unit, and propram, purpose or activity, and the method of financing such expenditures; (2) Proposed capital expenditures during the ensuing fiscal year, w,detailed for each fund by organization unit when practicable and the proposed method of financing each such capital expenditure; and (3) J& anticipated --'income and expense ef for and profit and loss for the ensuing year each utility . . or other enterprise fund operated by the City (4) The bonded debt and other indebtedness of the city showing the debt redemption and interest requirements, the debt authorized and unissued, the condition of the sinking funds and the borrowing capacity of the City. If at anv time the General Fund balance falls ; ) Council, to be implemented during the ensuing fiscal year to restore the fund balance to 15% (5) No funds, tax proceeds, or appropriations will be set aside specifically for anv non- city government function, activity, department, agency or firm unless such entities have entered into a contract. agreement, engagement or study with the City, and such contract, agreement, enpapement or study is included in the budget as finally approved and adopted by the Council. Excess carry over funds from a prior fiscal year may be appropriated in the ensuing fiscal year for one time appropriations only. Such funds shall not be used for recurring annual operating costs. For anv fund. the total of proposed expenditures shall not exceed the total of estimated income plus carried forward fund balance, exclusive of reserves. Section 6.05 Capital program (B) Contents: The capital program shall include: (1) A clear general summary of its contents; (2) A list of all capital improvements which are proposed to be undertaken during the W five fiscal years next ensuing with appropriate supporting information as to the necessity for such improvements; (3) Cost estimates, method of financing and recommended time schedules for each such improvement; and (4) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired. The above information may be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition. (C) Exception to Capital Program The cost of utilitv expansion must be made by those requesting expansion and the City Council will not obligate any citizen by adiusting the utility rate to defray cost. Section 6.06 Council action on Budget and Capital Improvement Proiects (A) Notice of Hearing The Council shall publish on five separate days in a newspaper of general circulation in the City, -, a notice of the general summary of the budget and capital improvements proiects,-: The notice must state: (I) The times and places where copies of the memge+& budget and capital improvements proiects are available for inspection by the public, and (2) The time and place, not less than +wwveek fourteen (14) calendar days after such publication, for a public hearing on the budget. The Council shall hold at least one public meetmg during the period of its consideration. (C) Adoption The Council shall adopt the budget on or before the last day of the month of the fiscal year currently ending. If the City Council fails to adopt a budget by this date, the budget of the previous year shall be deemed to be adopted. Adoption of the budget shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated and shall constitute a levy of the property tax therein proposed. In accepting the budget, the Council shall complete drafts of the proposed budget ordinance, including an appropriation ordinance and such other ordinances as may be required to finance the budget. The City Council, by resolution, shall adopt the capital improvements projects with or without amendment after the public hearing and on or before the last day of the current fiscal year. Section-6.07 Amendments After Adoption (1) Supplemental Appropriations If during the fiscal year the City Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the Council by ordinance may make supplemental appropriations for the year, up to the amount of such excess. The appropriations shall only be made after a public hearing establishes a need for such supplemental appropriations. (3) Reduction of Appropriations If at any time during the fiscal year it appears that the revenues available will be insufficient to meet the amount appropriated, het%& the City Manager shall report to the Council without delay, indicating the estimated amount of the deficit, any remedial action taken lyhidhmd-h&Aw -and recommendations as to any other steps to be taken. The Council shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may by ordinance reduce one or more appropriations. 1 (4) Transfer o f Appropriations At any time during the fiscal year the City Manager may transfer part or all of the unencumbered appropriation balance among programs within a department, office, or agency and, upon written request by the C& Manager, the Council may, by ordinance, transfer part or all of any unencumbered appropriation balance from one department, office or agency to another. fi,;,, Section-B;89 6.08 Lapse of Appropriations Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital eqwxhwe project shall continue in force until the purpose for which it was made has been accomplished or abandoned; the purpose of any such appropriations shall be deemed abandoned if five (5) years pass without disbursement from or encumbrance of the appropriation. Section tX-0 6.09 Administration of budget (A) Work Programs and Allocations At such time as the City Manager shall specifjr, each department, office or agency shall submit work programs for the ensuing fiscal year showing the requested . . . . funds, categorized by line items, for the fiscal Er. The City Manager shall review and authorize such al4&me& funds with or without ,I revision as early as possible in the fiscal year. Ide The City Manager may revise such a?k&w&sfunds during the year and if ktmkem4 deemed desirable shall revise them to accord with any supplemental, emergency, reduced or transferred appropriations made pursuant to Section 64%. 6.07 Section &&I6.10 Financial Reports The Manager shall, within thirty (30) days, after the close of each quarter of the City's fiscal year, present to the Council, and make available to the public, unaudited financial statements indicating the financial condition of the City. These statements shall include a Combined Balance Sheet of all funds, an Analysis of Change in Fund Balance, a Statement of Revenue (Actual and Estimated), a Statement of Expenditures and Encumbrances compared with the authorizations. An analysis of the Debt Service Funds and the General Long Term Debt Group Accounts shall also be provided quarterly, showing the debt authorized, issued and unissued, the condition of the sinking funds and the borrowing capacity of the City. I Section &I2 6.11 Independent Audit Within thirty (30) days after the close of the fiscal year, the Council shall kfwe obtain an independent audit bemade, by a certified public accountant firm, of all City Funds, Block Grants, and any other accounts associated with the City Funds for the preceding fiscal year. As an integral part of the audit, a compliance audit of all major grants shall be provided. Upon completion of the audit, the results thereof shall be reported in writing to the Council as soon as reasonably possible following the close of the fiscal year, and said report shall be public record. The results of this audit shall be published. . within . . thirty (30) days after completion. The Council may m, myb~ request for qualifications, designate such accountant or firm annually or for a period mt wetwhg of two (2) years, with an option to renew annually for a period not to exceed four years. The auditing firm selected shall have no personal interest, either direct or indirect with the City government, its management or personnel. The firm must be recognized as independent and void of any circumstances which reasonable people might believe to likely influence independence. To protect the integrity of the audit, the Council is prohibited to engage the same firm to perform any other kind of service whatsoever during the period of their audit engagement. Section B;M 6.12. Borrowing The Council shall have the power, except as prohibited by law, to borrow money by whatever method it may deem to be in the public interest. The total overall outstanding debt shall be limited to 10% of the total assessed valuation of the City. Section 6.13 Bonds (A) General Obligation Bonds (i) The City shall have the power to borrow monev on the credit of the City and to issue general obligation bonds for the acquisition of property for permanent public improvements or for any other public purpose not now or hereafter prohibited by the Constitution and laws of the State of Texas. Except for the refunding of bonds previously issued, any proposition to borrow monev and to issue such bonds shall first be approved by a majority of the qwikfkd voters at an election called for the purpose of authorizing the issuance of such indebtedness. The ordinance calling such election and the manner of conduct in^ the election shall conform in all respects to the general laws of the State of Texas. (ti-) The duty of the Council to levy an annual tax sufficient to pay the interest on and provide the necessary sinking fund required by law on all outstanding general obligation bonds of the City. The interest and sinking fund shall be deposited in a separate account and shall not be diverted to or used for any other purpose than to pay the interest and principal on such bonds or for investment in such securities as may be provided by law. The sinking fund maintained for the redemption of any debt may be invested in any interest bearing bonds of the United States government and State of Texas or in any other 1 securities not prohibited by the laws of the State of Texas. These funds may not be pledged as security or collateral for borrowing by the City. {B) Revenue Bonds The City shall have the power to borrow monev for the purpose constructing, purchasing, improving, extending or repairing of public utilities, recreational facilities or facilities for any other self liquidating municipal function not now or hereafter prohibited by any general law of the State and to issue revenue bonds to evidence the obligation created thereby. Such bonds shall be a charge upon and payable solely from the properties, or interest therein, acquired and to the income therefrom, and shall never be a debt of the City, The Council shall have authority to provide for the terms and form of the purchase aneement, contract, mortgage, bond or document desired or necessaw for the issuance of revenue bonds and the acquisition and operation of any such property or interest. (C) Certificates of Obligation The City Council is hereby authorized to issue Certificates of Obligation in accordance with the laws of the State of Texas /D) Sale of Bonds Before bonds are sold they shall be submitted to and approved by the Attorney General of Texas in the manner and with the effect provided by the laws of the State of Texas (E) Bonds Incontestable All bonds of the City having been issued and sold and having been delivered to the ) purchaser thereof, shall thereafter be incontestable and all bonds issued to rehnd in exchange for outstanding bonds previously issued shall and after said exchange be incontestable. Section 6;28 6.14 City Depository The City shall designate a primary bank to provide depository and specified banking services. The designation of such bank shall be made through a depository contract. A Request for Proposal for such contract shall clearly state the services that the City is requesting and the award of the contract shall be based on the lowest proposed cost for those services, or lowest compensating balance, or combination of both as is determined to be in the best interest of the City. *. depository contract shall "- not exceed a period of five years. I The City Manager shall deposit all public hnds in excess of the amount provided as a compensating balance on deposit. If a compensating balance is a term of the depository contract, hnds in excess of that amount shall be available for investments authorized under the investment laws of the State of Texas. The designation of a primary depository bank shall not restrict the City from entering into depository contracts with other financial institutions for the purposes of investing and/or receiving services not provided by the depository bank. The City Manager shall comply with the terms of the depository agreement and such official shall not be liable for the loss of any money of said City so deposited by reason of any failure or suspension of such bank. Section 7.01 Department of Taxation There shall be a Department of Taxation, the head of which shall be the City Tax Assessor and Collector, l=bkheshall be appointed by the City Manager, and shall be responsible for the assessment and collection of all taxes levied by the City of Laredo. Section 7.03 Tax payments ) All taxes due the City of Laredo shall be payable at the office of the City Tax Assessor and Collector and may be paid any time after assessments have been made final by the Council. - Taxes fer shall become due on October 1st of the year of levy and shall be paid by the following January 31st. Taxes for the current year not paid by April 30th of the year following the year of levy and all taxes for each year thereafter not paid by January 31st following the year of levy shall be subject to penalty €mmA in accordance with State Law. c.,,, There shall be no extension of time for payment of taxes, d,nor remission, discount, or compromise of any tax, penalty and interest legally due iff the City. c.The City Council , however, may provide a discount for early payment. Section 7.04 Tax Liens and Liability All property, real, personal and mixed, situated in the City of Laredo in the first day of January of each year shall &md charged with a speed lien in favor of the City AFefft stmkktk for the taxes due thereon. 1 w- taxes. All issues of liability, priority of liens, foreclosure and collection of same shall be in accordance with the Texas Tax Code. Section W 7.06 Arrears of Taxes; Offset to Debt against City No money shall be paid by the City upon any claim, debt, demand or account whatsoever, to any person, firm or corporation who is in arrears to the City of Laredo for taxes; and the City shall be entitled to counter-claim and offset against any such debt, claim, demand or account in the amount of taxes so in arrears, and no assignment or transfer of such debt, claim, demand or account after the said taxes are due, shall affect the right of the City to so offset the said taxes against the same. Section 8.01 Inalienability of Public Property 1 The right of eei&&md use of the public streets, highways, byways, sidewalks, alleys, parks, public squares, tmd public places, and other public facilities of the City is hereby declared to be inalienable by the City, except by ordinances not in conflict with the provisions of this Charter. No act or omission by the Council or any officer or agent of the City shall be construed to grant, renew, extend, or amend by estoppel or indirection any right, franchises or easement affecting said public streets, highways, bvways, sidewalks, alleys, parks, public squares, public places, other public facilities and other real property. Section 8.02 Power to Grant Franchise The Council shall have the power by ordinance to grant, renew, and extend all franchises of all public utilities of every character operating within the City, and, with consent of the franchise holder to amend the same. J& franchise shall be granted for an indeterminate term, and no franchise shall be granted for a term of more than twenty-five (25) years. Section 8.03 Ordinance Granting Franchise Every ordinance granting, renewing, extending, or amending a public utility franchise shall be read at three (3) regular meetings of the Council, and shall not be finally acted upon until thirty (30) days afier the first readings thereof. Within five (5) days following each of the three (3) readings of the ordinance, the full ) text thereof shall be published one time in some newspaper &of general circulation of the City, and the expense of such publication shall be borne by the prospective franchise 1 holder. No such ordinance shall become effective until the expiration of sixty (60) days following the date of its final adoption. Section 8.04 Transfer of Franchise No franchise shall be transferred by the holder thereof except- ,,,,,,,,1by ordinance. Section 8.05 Regulation of Franchise . . Every grant, renewal, extension, or amendment of a phk&A+y franchise, whether* or not provided in the granting ordinance subject to the right of the Council @: (1) T-e forfeit ftffjt4ttek franchise at any time for failure of the hekk &eed franchisee to comply with the terms of the franchise, 7after a due process hearing; (2) Te impose reasonable regulations to insure safe, efficient and continuous service to the public; (3) Te require such expansion and extension of plants and facilities as are necessary to provide adequate service to the public; (4) Te-require every franchisee to furnish to the City, without cost to the 1 City, full information regarding the location, character, extent and condition of all facilities of such- franchisee in, over and under the streets, alleys, and other public property of the City; and to regulate and control the location, relocation, and removal of such facilities; . . (5) T-e collect from every franchisee operating in the City its fair and just proportion of the expense of excavating, grading, paving, repaving, constructing draining, repairing, maintaining, lighting, sweeping, and sprinkling such portions of the alleys, bridges, culverts, viaducts, and other public places and ways of the City as may be . . . occupied or used in whole or in part by such franchisee; or to compel . . such p&&w&&y franchisee to perform, at its own expense, its just share of such excavating grading, paving, repaving, constructing, draining, repairing, maintaining, lighting, sweeping and sprinkling; (6) Te require every franchisee to allow other franchisees public-utilities to the use ofits tracks, poles, wires, pipes or other facilities, including bridges. . and viaducts, whenever the Council, after notice and hearing, finds such use to be in the public interest; provided Council shall fix reasonable rental to be paid to the owner of the franchise of the facility for such use. (7)(a) Te prescribe the form of accounts kept by every franchisee (b) Te examine and audit at any time the accounts and records of any -franchisee; (4 TO rr p=ew~&require reports in such form and frequency as prescribed by Council. . . (8) ?k require and collect any compensation -; -; as allowed by law; and (9) Te require such franchisees who request an increase in rates, charges or fares, to reimburse the City for reasonable expenses incurred in employing rate consultants to conduct investigations, present evidence and advise the Council on such requested increase. Section 8.06 Water, Gas, Electricity, and Other Essential Services . . . . 4The City may provide its inhabitants with water, gas, electricity and other essential services as may be determined by the Council. The Council shall have the power to construct or purchase facilities to provide these services and to regulate and prescribe the rates and terms for such services. The City may contract with public or private companies to provide the city and its inhabitants with water, gas electric and other essential services. The Council shall have the power to regulate and prescribe the rates and terms for these services. Section 8.07 Accounts of Municipally Owned Utilities and Enterprises. Accounts shall be kept for each utility owned or operated by the City in such manner as to show the true and complete financial results of such City ownership and operation, including all assets appropriately subdivided into different classes, all liabilities subdivided by class, depreciation reserve, other reserves and surplus; also revenues, operating expense including depreciation, interest payments, rental and other distribution of annual income. The accounts shall show the actual capital cost to the City of each public utility owned, also the cost of all extensions, additions and improvements and the source of the funds expended for such capital purposes. They Accounting records shall show the cost of any service hrnished to or rendered by any such utility or enterprise to any other City or governmental department. The City Council shall annually cause to be made and published a report showing the financial results of such City ownership and operation giving the information specified in this section and such ) additional data as the City Council shall deem expedient. Section 9.01 Planning and Zoning Director There shall be a Planning and Zoning Department headed by a director who shall be appointed and removed. . by the City Manager with approval of the City Council. . The monsibilities of the planning director . ... include: (I) %+&ww advisina the City Manager on any matter affecting the physical development of the City; (2) T" formulating and making recommendations to the City Manager for a comprehensive plan; MI- + (3) Twwi-ew reviewing and making make recommendations regarding proposed Council action implementing the comprehensive plan pursuant to established planning procedure; . . (4) P articipatinp in the preparation and revision of the capital improvement program;- (5) Rwdvise advisinFz the City Planning and Zoning Commission in the exercise of its responsibilities and to provide necessary staff assistance. Section 9.02 City Planning and Zoning Commission There shall be a City Planning and Zoning Commission consisting of nine members whe !3iw&be appointed by the Mayor and Council for terms concurrent with the Mayor and Council Members who mmiwded will nominate each Commissioner.- . . uL LllblL lb-. The Mayor and Councilmembers should appoint one member each from among the qualified voters of the Citv Members of the Commission shall hold no other City office, employment, or appointment. The Commission shall make recommendations to the City Manager and the City Council on all matters affecting the physical development of the City, shall be consulted on the creation and implementation of the comprehensive plan, the -and -and shall exercise all other responsibilities as may be provided by law. ""--f---- Reasons for forfeiture of office by a commissioner shall include failure to attend three (3j consecutive meetings without being . . excused by the Commission. Section 9.03 Comprehensive Plan (A) Content The Council shall adopt, and shall review or modifv each year before the adoption of the budget, a comprehensive plan pdmes to govern the future physical development of the City. The requirements and -contents of the comprehensive plan shall be specified by ordinance. ) (B) Adoption 1 + c.. The City Manager shall submit the proposed comprehensive plan or proposed modification of the existing plan. The Council shall refer such proposal to the City Planning and Zoning Commission which shall within a time specified by the Council, report its recommendations thereon. After receipt of the recommendations of the Commission, the Council shall hold a public hearing on the proposed comprehensive plan or modification thereof and shall thereafter adopt it by resolution with or without amendment. (c) ~ff~~~~ . . The comprehensive plan shall serve as a guide to all future Council action concerning land use and development regulations, urban renewal programs and expenditures for capital improvements. Section 9.04 Implementation of the Comprehensive Plan (A) Land Use and Development Regulations By ordinance, the Council may ?yedmmeadopt land use and development regulations, including but not limited to an official land use map and zoning and subdivision regda&mregulations. (B) Urban Renewal The Council may, by ordinance, provide for redevelopment, rehabilitation, conservation and renewal programs for: (1) The alleviation or prevention of slums, obsolescence, blight, or other deleterious A- A- \ conditions, or ub , and (2) the achievement of the most appropriate use of land and environmental protection. (C) Council Action Before acting on any proposed ordinance concerning land use and development, c... c... VL bA Awhere such ordinance refers to a matter covered by the comprehensive plan, the Council shall refer the proposal to the Planning and Zoning Commission, which shall within a time specified by the Council and prior to the public hearing on the proposed ordinance report its recommendations thereon. Upm Prior to adopting any such ordinance, the Council shall report on the relationship between the ordinance and the comprehensive plan. ftfta; In the event that the ordinance is adopted and does not accord with the comprehensive plan, the plan shall be deemed to be amended in accordance with the ordinance. Section 9.05 Board of Adjustment By ordinance, the Council shall establish a board of adjustment and shall provide standards and iwcmdwe procedures for such board to hear and determine those matters specified in accordance with Texas Local Government Code, Section 2 11.008 et. ) w.In accordance with Texas Local Government Code, Section 21 1.008 et seq. there shall be at least five members who shall be appointed for terms of two years. The Council shall provide procedures for their appointment. Section 10.01 City Elections (A) Regular Elections The regular City election shall be held on the first Saturday of May every even numbered year hJ :he emwit Tex- unless or until this date be changed if, under the then authority of the Texas Election Code an alternative regular election date is first submitted to, and approved by. the voters, under Section 12.07 of this Charter (B) Qualified Voters All citizens qualified by under the Constitution and Laws of the State of Texas to vote in the _a City election and who satisfy the requirements for voter registration prescribed by law shall be qualified voters of the City within the meaning of this Charter. Section 10.03 Ballots t.''.: The ballot shall be prepared in accordance with Ai=ti&A.OS &the Texas Election Code. Candidates shall draw for position on the ballot in accordance. . with the Texas Election Code (0 Section 4WX 10.4 Determination of Election Results eJ3 (A) Majority A majority vote for any office is that number of votes which is a majority of the total number of valid ballots cast for the office concerned. Any candidate who receives a majority vote shall be declared elected. If none of the candidates for any particular office receives a majority vote none of such candidates shall be declared elected. @ (B) Runoff Election If under the foregoing provisions- of this section one or more offices remain unfilled after the election, a seeert$ runoff election shall be held according to the current Texas ) Election Code to fill them. The names (in each case) shall be those of the two @ tmekakd candidates polling the greatest numbers of votes in the initial election. Section M 10.05: Ballots for Ordinances and Charter Amendments [unchanged, just renumbered] Section Section MA38 10.06 Council Districts; Adjustment of Districts (A) Number of Districts There shall be eight (8) City Council districts. (B) Redistricting Commission The Council shall appoint sixteen(l6) registered City voters who shall comprise the -Redistricting Commission. The Commissioners shall not be employed by the City in any capacity. Each Council member will appoint two (2) commissioners. (c) Report; Specifications By the first day of January after every Federal census, or as soon as feasible, after release of certifiable population figures by the federal census the Redistricting Commission shall file a report with the City Secretary containing a recommended plan for adjustment of the Council district boundaries to comply with these specifications: (1) each district shall be formed of compact, contiguous territory, as nearly rectangular as possible, and its boundary lines shall follow the center lines of streets; (2) each district shall contain as nearly as possible the same number of people but districts shall not differ in population by more than ten (10) percent of the population in the smallest districts created. The report shall include a map and description of the districts recommended and shall be drafted as a proposed ordinance. Once filed with the City Secretary the report shall be introduced as an ordinance i&mheed by a Council member. (D) Procedure The procedure for the Council's consideration of the report shall be the same as for other ordinances, provided that if a summary of the ordinances is published pursuant to Section 2.09, it must include both the map and the description of the recommended districts. (E) Failure to Enact Redistricting Ordinances The Council shall adopt the ordinance no more than 90 days from the date of its introduction. . . . If not adopted by the City Council ...."..- by the 91st day, the report of the Redistricting Commission shall be deemed to have been adopted. (F) Enactment The new Council districts and boundaries, as of the 181" day after adoption of the redistricting ordinance , shall supersede previous Council district boundaries for all purposes of the next regular City election. The new districts and boundaries shall supersede previous districts and boundaries for all other purposes as of the date on which all Council members elected at that regular City election take office. /G) Incumbent Options on Redistricting Changes The redistricting changes affect the boundaries of the district that a particular Council member represents, as follows: (1) A Council member serving a first term of office who is eligible for re-election may (A) choose to finish out the term the Council member was elected to; or (B) choose to run for election in the new district that the Council member resides in. The end result would mean that the Council member will have served the City for two terms and a total of six years. The original council district will now have a two-year unexpired term open for another candidate to seek election to. (2) A council member completing a final (second) term of office may /A) choose to finish out the term the Council member was elected to represent in the original district; or - JB) choose not to represent the district and thus a two-year unexpired term is left vacant for election. Section 11.01 Recall Provisions Any elected official may be removed from office by recall. A petition stating the gmei=a4 specific grounds on which removal is sought shall be signed by the registered voters equal in number to ten (10%) percent of those *-oter~ who .7 . voted in & thecity or District and shall be filed by any registered voter of the City or District with the City Secretary. Sai$ The recall petition shall have a time limit of six (6) months from the earliest date of any signature on the petition to the date of its filing with the City Secretary. Section 11.02 Signatures to Petition The signatures to recall petitions need not all be appended to one petition and may be duplicated and assembled, but to each separate paper there shall be attached an affidavit of the eimAte the person circulating the petition and such paper shall be invalid without such affidavit. Each signer of any petition paper shall, after hisher signature, show the place of residence by street and number, voter registration certificate number, and the date mthe signature was placed affixed on the pektkms petition. AR Theaffidavit attached to each petition or duplicate shall be as follows: State of Texas County of Webb , being duly sworn, deposes and says that helshe personally circulated the foregoing paper, that all the signatures affixed thereto were made in hislher presence, and that helshe believes them to be the genuine signatures of the persons whose names they purport to be. Signed '1 Subscribed and sworn to before me this day of ,20-. Notary Public State of Texas Section 11.03 Filing, Examination, and Certification of Recall Petition All petition papers comprising a recall petition shall be assembk assembled and filed with the City Secretary as one instrument. Within twenty (20) days after filing, the City Secretary shall determine whether each paper of the petition is properly attested and whether the petition is signed by the requisite number of 7 registered voters. Upon completing &&m the examination, the City Secretary shall certify the results to the Council. If ke-skettk! cc,~the petition is deemed insufficient, kkke the City Secretary shall set forth pwtiewh in detail the particulars in which it is defective; provided, however that except as to the particulars certified to be defective, the petition shall be deemed to be valid in all other respects. Section 11.04 Amendment of Petitions Exclusive of the six (6) month time limit stated in Section 11.01, a recall petition may be amended &mytme only once within twenty (20) days after certification of insufficiency by the City Secretary, by filing a supplementary petition upon additional papers signed 1 and filed as provided in case of an original petition. City Secretary shall, within ten (10) days after eaek the supplement is filed, examine the supplementary petition and, if the amended petition is then found to be insufficient, the City Secretary shall file his . . certificate to that effect and notify the person filing the same and no further action shall be taken on such insufficient petition. The findings of the insufficiency of a petition shall not prevent the filing of a new petition for this same purpose. Section 11.05 Recall Election Ordered . . If a recall petition, &certified by the City Secretary to be sufficient, he shall at once submit it to the Council and notify the person whose removal is sought of such action. The Council shall order a recall election which shall be held at the next allowable election date under the Texas Election Code but, in no event, less than thirty (30) days after the petition has been certified. Resignation prior to the recall election shall cancel the election. Section 11.08. Limitation on Recall Petitions No recall petition shall be filed against a person within six (6j months after taking office nor within six (6) months 6.of the end of the individual's term. A person subjected to recall election. . and not removed may not be ,I sthpb&e the subiect of another recall election tt&km (5) for six months. Section 11.09 Power of Initiative The electors have the power to initiate any ordinance not in conflict with the Constitution or laws. .. of the State of Texas or this Charter, and to adopt or reject the same at the polls. a Section 11.10 Power of Referendum The electors shall have the power to approve or reject at the polls any ordinance passed ...... by the Council. C.Ordinances submitted to the Council by initiative petition and passed by the Council shall be subject to the referendum in the same manner .. . as other ordinances. Section 11.1 1 Form of Petition Any initiated ordinance or any ordinance subiect to a referendum shall be submitted to the Council in a petition signed by qualified electors of the City equal in number to ten (10) percent of the electors qualified to vote at the time of the last regular municipal election. The petition shall be filed with the City Secretary and in the case of referendum, the petition must be filed within sixty (60) days after the enactment by the Council of any ordinance which is subiect to a referendum. . . The petition papers of an initiative or referendum shall be uniform in size and style. meinitiative petition papem shall contain the full text of the proposed ordinance. The signatures need not all be appmkd attached to one pqm w,but each separate page . . s.]shall contain a statement that the signatory personally circulated the foregoin? page (or paper), that all the signatures appended thereto were made in the signatory's presence and that the signatory believes them to be the signatures of the persons whose names they purport to be. Each signer to any petition shall sign in ink or indelible marker and shall indicate after their name their place of residence by street and number, and include the person's voter registration certificate number. and date of signature. Section 11.12 Filing, Examination and Certification of Petition - 1 All petition papers of an initiative or referendum shall be assembled :) and filed with the City Secretary as one ktmme& document. Within twenty (20) days after a petition is filed, the City Secretary shall determine whether the petition ktt4-ft contains the proper statement as per Section 11.11 above, and whether the petition has been signed by a sufficient number of qualified electors.& 4.The City Secretary shall reiect as invalid or insufficient any petition which does not comply with the provisions of this Charter. The City Secretary shall certifL the result of hidhe the examination to the Council at its next regular meeting. If the Citv Secretarv certifies that the petition is . . insufficient or invalid, Cthe particulars shall be . .. set forth in the certificate. [ [ The person filing the petition shall be notified promptly of the City Secretary's findings Section 11.13 Amendment of Petition . . rin., 1.I -1 A petition for an initiative or a referendum may be amended at any time within twenty (20) days after the notification of reiection or insufficiency has been sent by the City Secretary [- . . -1. -1. Amendments are to be made by filin~supplements and additional pages- signed and filed as provided in the case of an original petition. The City Secretary shall, within ten (10) days after such amendment is filed, examine the amended petition 1 and, if the petition be &still insufficient, hek& the City Secretary shall file a certificate to that effect and notify the person filing the amendment of -the findings. ftrt8-rte No further action shall be taken on such petition. The findings of the insufficiency of a petition shall not prevent the filing of a new petition for the same purpose. Section 11.14 1. . Ordinance Not Suspended by Referendum initiative shall not go into effect until it is approved by the City Council. The certification of a referendum petition shall not suspend the ordinance to which it is addressed. Section 11.15 Consideration by Council (A) Initiative Petition The Council shall immediately consider an initiative petition upon its receipt from the City Secretary. +&all bc i-. A proposed initiative ordinance shall be read and provision shall be made for a public hearing. The Council shall take final action on the ordinance no later than sixty (60) days after the date on which such ordinance was submitted to the Council by the City Secretary. (B) Referred Ordinance The Council shall reconsider a referred ordinance and &e€emd shall, within thirty (30) days from the receipt of the petition for referendum from the City Secretary vote upon the question, "Shall the ordinance be repealed?" Section 11.16 Submission to the Electors If the Council slxA4kk does not pass an ordinance proposed by aninitiative petition, or slw&pss passes it in a form different from that set forth in the initiative petition &em&, or if the Council fa4s-b does not repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors at the next special or regular municipal election &. Section 12.01 Personal Financial Interest (A) Evew officer and employee of the City shall be held to the highest standards of conduct and ethics in the performance of their duties and responsibilities to the City; and they shall not engage in any conduct or activity that is in conflict with or that has the appearance of a conflict with their duties to City or its best interest. Conflicts with the interests of the City include, but are not limited to financial conflicts of interest, the misuse of confidential information, and the use of City property for other than City purposes. (B) Any violation of this standard of conduct shall cause a forfeiture of office and/or employment with the City. Any contract entered into as a result of the violation of this standard of conduct or that violates this standard of conduct, is voidable. Section 12.02 Ethics Commission The City Council shall, by ordinance, adopt a Code of Ethics, and establish and appoint an Ethics Commission to review and recommend standards of conduct not inconsistent with this Charter and with the Code of Ethics and to investigate all allegations of violations of the Code. Section 12.03 Civil Service Commission The City Council shall establish and appoint a Civil Service Commission, for employees 1 of City other than its fire fighters and police officers, the functions, composition and power of which, will be determined by ordinance. Section 4£&%12.04 Nepotism No person related within the second degree by affinity or within the third degree by consanguinity to the Mayor, any Council Member, any elected City official, City Manager, or any member of any City board or commission shall be appointed to any office, position, clerkship, or other sewkeef position with the City. This prohibition shall not apply, however to any person who shall have been continuously employed by the City for a period of two (2) years or more prior to the election of the Mayor, Council member, or elected official or to the appointment of the City Manager or member of a board or commission related to such appointee in the prohibited degree. Section 4243-12.05 Oath of Office Every person elected or appointed to any office in the City shall, before entering upon the duties of& the office, take and subscribe to the oath of offictx&kdx&in prescribed Article XVI, Section I of the State Constitution. Section f2;84 12.06 Prohibitions (A) Activities Prohibited ) (I) No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any City position or appointive City administrative office because of race, sex; gender, age, disability, political or religious opinions or affiliations. (2) No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the personnel provisions of this Charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations. (3) No person who seeks appointment or promotion with respect to any City position or appointive City administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person in connection with hisher test, appointment, proposed appointment, promotion or proposed promotion. (4) No person, including city emplovees ,shall knowingly or willfully solicit or assist in soliciting any assessment, subscription or contribution for any political party or political purpose to be used in conjunction with any city election from any city employee. (5) No city employee shall knowingly or willfully make, solicit or receive any contribution to the campaign funds of any political party or committee to be used in a city election or to campaign funds to be used in support of or opposition to any candidate for election to city office or city ballot issufi With the exception of members of council, no employee or officer of the city shall, in any way, participate in political activity of any nature while on duty, in uniform or using city resources. With the exception only of the City Manager, any Deputy City Manager, any Assistant City Manager, the City Secretarv, all of the staff of the City Secretary, all other officers and employees of the City of Laredo may participate in political activity, provided that no coercion or retaliation concerning political activity shall be allowed. None of the following: the City Manager, any Deputy City Manager, any Assistant City Manager, the City Secretarv, and all of the staff of the City Secretary, shall, at any time, take part in any political activity on city related issues except to provide factual information at the direction of the City Manager, to express their own opinions privately, and to cast their votes. (6) Any elected or appointed official or City employee who neczligentlv or intentionally loses, damages, or iniures records, documents or property of the City M -, -, must reimburse the City for such bwes. losses (7) No payments shall be made or obligation incurred against any allotment or a~propriationexcept in accordance with appropriations duly made and unless the City Manager or his designee first certifies that there is a sufficient unencumbered balance in such allotment or appropriation and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. (B) Penalties The City Council shall enact tm ordinance or ordinances as it deems necessary to . . enforce this section and prescribing a fine for any violation .[- Any person finally convicted of a violation of anv such ordinance shall be ineligible for a period of five (5) years thereafter to hold any City office or position. [+ If such person is an officer or employee of the City, W thev shall immediately forfeit Idhethe office or position. Section kM35 12.07 Charter Amendment Amendments to this Charter may be framed and submitted to the voters of the City in the . . manner provided by i,92% n" -I I Chapter 9 of the Local Government Code of Texas, as now or hereafter amended. ,I Section f2;86 12.08 Separability (Note: No change, just renumbered) [Note: this was transferred to new Section 2.08(11)] Section 12.09 Charter Commission; Charter Amendment The City Council shall appoint a City Charter Commission every ten (10) years to make recommendations to the City Council for amendment or amendments to said charter.m foregoing- - sentence is cumulative of the provision of the Texas Election Code, which provides that (1) the city council. on its own motion, may submit a proposed charter amendment to the city's qualified voters for their approval at an election; and (2) the city council shall submit a proposed charter amendment to the voters for their approval at an election if the submission is supported by a petition signed by a number of qualified voters of the city equal to at least 5% of the number of qualified voters of the city, or 20,000, whichever number is smaller. (Note: Article XI11 containing Sections 13.01 to 13.03, inclusive, is deleted in its entirety, since the Article is now moot, relating as the article did to the transition to this Charter after it was originally adopted by the voters in 198 1.) PART 2. The City Secretary is directed to publish notice of the election for the submission of said proposed amendments in a newspaper of general circulation on Sunday, October 15, 2006 and Sunday, October 22, 2006, and said notice shall set forth in full the text of this ordinance, including each of the proposed amendments. PART 3. The City Secretary is directed to conduct absentee voting and to take any and all other necessary action required for the conduct of said election pursuant to the requirements of the Texas Election Code. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006. RAUL G. SALINAS MAYOR ATTEST GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY COUNCIL COMMUNICATION 1 DATE: SUBJECT: INTRODUCTORY ORDINANCE Closing as a public easement the South one-half section of Canada Avenue 0811 412006 between O'Kane and Clark Streets, situated in the Eastern Division, City of Laredo, County of Webb, Texas, provided that the City retains the entire former street section as a utility easement and providing for an effective date. INITIATED BY: STAFF SOURCE: CYNTHIA COLLAZO ANGEL0 FERRAZZANO Deputy City Manager Real Estate Manager PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City is proposing to close as a public easement the above mentioned street. The proposed street closure is a platted, un-opened street which has been physically closed due to a creek channel located on the north side of this street. The north one-half section of Canada Avenue between O'Kane and Clark Streets was also closed with the passage of Ordinance No. 2003-0- 296, dated December 1, 2003. I Therefore, the closure will not have an adverse effect on the traffic circulation. Should the 1 proposed closure be approved, the City of Laredo will retain the entire street section as a utility I easement. The abutting property owner to the east side of the street has shown an interest to purchase this street section and incorporate it as part of his abutting property and use it as a parking area. The abutting property owners of the proposed closure have executed a Release Form, releasing the City of Laredo from any and all damages arising out of the closing as a public easement said street section. On July 6, 2006, a public hearing was held before the Planning and Zoning Commission, and voted in favor of the proposed closure. On August 09,2006, a memorandum was provided to the Street Closing Committee members with the above-mentioned information. FINANCIAL IMPACT: None. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: None. Staff recommends Introduction of this Ordinance. I ORDINANCE CLOSING AS A PUBLIC EASEMENT THE SOUTH ONE HALF SECTION OF CANADA AVENUE BETWEEN O'KANE AND CLARK STREETS SITUATED IN THE EASTERN DIVISION, CITY OF LAREDO, COUNTY OF WEBB, TEXAS, PROVIDED THAT THE CITY RETAINS THE ENTIRE FORMER STREET SECTION AS A UTILITY EASEMENT AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager recommends that the City Council close as a public easement, the South one half section of Canada Avenue between O'Kane and Clark Streets, situated in the Eastern Division, County of Webb, Texas; and, WHEREAS, traffic flow will not be adversely affected by such closing; and, WHEREAS, the abutting property owner of the above-mentioned street has executed a Release Fonn, releasing the City of Laredo from any and all damages arising out of the closing of this street; and, WHEREAS, the City Council finds that it is in the best interest of the City to close as a public easement, the South one half section of Canada Avenue between O'Kane and Clark Streets, situated in the Eastern Division, City of Laredo, County of Webb, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: 1. The South one half section of Canada Avenue between O'Kane and Clark Streets, situated in the Eastern Division; City of Laredo, Webb County, Texas; be and the same is hereby closed as a public easement, provided that the City retains the entire former street section as a utility easement. 2. This Ordinance shall become effective upon passage thereof. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS DAY OF ,2006. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. City Secretary APPROVED AS TO FORM: Jaime L. lo red By: Asst. City ~ttde~ COUNCIL COMMUNICATION DATE SUBJECT: INTRODUCTORY ORDINANCE 08-14-06 An Ordinance authorizing the City of Laredo to enter into a Lease with Webb County of Lots 9, and 10, Block 320, Eastern Division, for a term of 40 years, to enable Webb County to construct a Community Center to provide various social services and educational programs primarily for the elderly; copy of the lease is attached as Exhibit A; and providing for an effective date. INITIATED BY: STAFF SOURCE: Cynthia Collazo Angelo Ferrazzano Deputy City Manager Real Estate Manager PREVIOUS COUNCIL ACTION: None BACKGROUND: The City of Laredo is the owner, or will acquire ownership of certain real property located in Laredo, Webb County, Texas. Webb County wishes to lease Lots 9 and 10, Block 320, Eastern Division, of the City of Laredo, as unimproved real property for the purpose of constructing thereon, a community center for seniors. The City and Webb County wish to enter into this lease for that purpose. After this lease is signed, the City will be purchasing Lot 10, Block 320, to become a part of the lease. FINANCIAL IMPACT: Funding for this project is available in the County Park Bond Money Fund, which will be subsequently reimbursed by the City of Laredo, to the County of Webb. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA Staff recommends introduction of Ordinance. - ORDINANCE AN ORDINANCE AUTHORIZING THE CITY OF LAREDO TO ENTER INTO A LEASE WITH WEBB COUNTY OF LOTS 9 AND 10, BLOCK 320, EASTERN DIVISION, FOR A TERM OF 40 YEARS, TO ENABLE WEBB COUNTY TO CONSTRUCT A COMMUNITY CENTER TO PROVIDE VARIOUS SOCIAL SERVICES AND EDUCATIONAL PROGRAMS PRIMARILY FOR THE ELDERLY; COPY OF THE LEASE IS ATTACHED AS EXHIBIT A; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Laredo is the owner or will acquire ownership of certain real property located in Laredo, Webb County, Texas; and WHEREAS, Webb County wishes to lease Lots 9 and 10, Block 320, Eastern Division of the City of Laredo, as unimproved real property for the purpose of constructing thereon, a community center for seniors; and WHEREAS, the City and Webb County wish to enter into this lease for that purpose. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: A. It hereby authorizes the City of Laredo to enter into a Lease with Webb County of Lots 9 and 10, Block 320, Eastern Division, for a term of 40 years, to enable Webb County to construct a Community Center to provide various social services and educational programs primarily for the elderly; copy of the lease is attached as Exhibit A. B. This Ordinance shall become effective upon passage thereof. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR CITY SECRETARY By: Ae3T. CITY ATTORNEY LEASE BETWEEN THE CITY OF LAREDO, TEXAS AND WEBB COUNTY This Lease is made between the City of Laredo, Texas (the "City") as Lessor, and Webb County, a political subdivision of the State of Texas ("Lessee") as Lessee, and as authorized by the Commissioners' Court on the 24" day of July, 2006, and by Ordinance No. dated ,2006, of the City Council; and. WHEREAS, the City is the owner, or will be the owner, at commencement date, of Lots 9 and 10, Block 320, Eastern Division of the City of Laredo, hereinafter referred to as "the Premises"; and WHEREAS, Webb County wishes to lease the Premises, as unimproved real properly for the purpose of constructing thereon, a community center for seniors; and WHEREAS, the City and Webb County wish to enter into this lease (the "Lease") for that purpose; NOW, THEREFORE, in consideration of the mutual covenants herein contained, and for other good and valuable consideration, including the improvements to be constructed on the Premises by the Lessee, the following are the terms of the Lease: 1. The Premises. City leases to the Lessee the unimproved real property, described as Lots 9 and 10, Block 320, Eastern Division of the City of Laredo, as the Premises of this Lease. However, this Lease is contingent upon the acquisition, in fee simple, by the City at it sole cost and expense, of Lot 10, Block 320, Eastern Division of the City of Laredo. In the event City does not acquire said Lot 10, Block 320, Eastern Division of the City of Laredo by December 3 1,2006, this Lease is cancelled. The City further agrees to include, as part of the leased area sufficient off-premises parking at the City of Laredo Health Department as it may determine, pursuant to the City of Laredo7sLand Development Code, that it can provide for use by the community center. 2. Lease Term. The term of this Lease shall be forty (40) years, hereinafter referred to as "Lease Term," commencing on the "Commencement Date," as hereinafter defined, and terminating on the fortieth (40th) anniversary of the Conmiencement Date. The Commencement Date shall be the date on which Lessee is given written notice by City that it may take possession of the Premises, and a confirmation of the commencement date signed by the parties shall be annexed to this lease document, and become a part of it. 3. Rent. Lessee shall pay rent of $1 .OO per annum and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged. 5. Joint Use Provision. As part of the consideration to the City for leasing the Premises, the Lessee agrees to permit the City to use the Premises and its improvements, when constructed, for neighborhood meetings, town hall meetings and other city related functions on days and at times of the day as mutually agreed to. 6. Insurance Requirements. a. Commercial General Liability. Lessee shall, at all times during the term of this Lease, maintain commercial general liability insurance rated A- or greater by AM Best Rating with an admitted canier licensed by the Texas Department of Insurance. This insurance shall have an occurrence limit in the minimum amount of $1,000,000.00 and an annual aggregate limit of $2,000,000.00 to be renewed annually. The City shall be named as an additional insured on the lessee's commercial general liability policy with a waiver of subrogation in favor of the City. b.Pbaper& Insurance. Lessee shall maintain a commercial property insurance policy covering the improvements on the Premises and the contents thereof. The coverage shall be no less than ninety percent (90%) value of the building at replacement cost basis. c. Proof of Insurance Reauired -The Lessee shall furnish annually to City on each annual anniversary date of this Lease, a certificate or other evidence and proof of maintenance of the above required insurances. Lessee shall provide the City with notice of any change thereof, and furnish to the City evidence of Lessee's acquisition of a substitute therefore, and payment of the premium thereof If the Lessee shall fail to maintain the insurance coverage specified herein, then City may obtain same and add the cost of such insurance to the next due Lease payment. d.+Notice of Cancellation or Non-Renewal-Insurer must provide the City of Laredo with not less that sixty (60) days notice of cancellation or non-renewal of coverage. 7. Quiet Enjoyment The Lessee, upon timely payment of the rent due, and the faithful performance of such covenants, agreements and conditions required by law, of this Lease shall and may, peaceably and quietly have and enjoy the leased premises. Such use shall be free fiom molestation, eviction or disturbance by the City. 8. Permitted Uses and Naming of the Community Center. Lessee shall have use of the Premises for the construction and for the maintenance of a community center for area residents at its sole cost and expense. The community center shall provide various social services and educational programs and will contain offices, meeting rooms and bathrooms. Lessee may include recreational facilities as well as other facilities conducive to the use of the premises as a community center. It is agreed by the parties hereto that in no event shall Page 2 of 8 the Premises be used for the sale, consumption, distribution or storage of alcoholic beverages. When requested by the City, Lessee shall advise the City of the scope of activities and events occurring on the Premises. After the construction of the facility, tlie City and Lessee will jointly amve at a mutually agreeable name for the community center. Furthermore, the parties agree that the leased premises shall never be used for political events, such as meeting held by or for candidates for any political office whether local, state or federal. 9. Construction and Ownership of Improvements. a. Title to Improvements. During the Lease Term, title to all improvements existing or constructed upon the Premises by Lessee are and shall be vested in Lessee. b. Proposed Improvements. The Lessee is required to construct improvements on the Premises on the location iden~edin Exhibit "A", attached hereto and incorporated herein by this reference. Lessee shall begin such process not later than six (6) months following the Commencement Date of this Lease. The City shall have the right to review and approve all plans of improvements to be constructed. c. Codes to Apply. Lessee must meet standards as specified in the Standard Building Code (by Southern Building Code Congress International) for all design, planning, and construction activities, including development or extension of infi-astruce. In addition, Lessee shall pave all access from the Premises, or improvements thereto, to any roadways (Premises fronts Lexington between Stewart and Reynolds) and such construction shall match the existing grade. d. The City hereby represents and warrants that the present R-3zoning is appropriatefor Lessee's intended use, and assures Lessee that in the event zoning is not appropriate, City shall cause, at its sole cost and expense, any change in zoning necessaryto allow Lessee to use the property for the purposes represented herein. e. The City agrees that ifnecessary to plat orre-plat the property, as may be required by the ordinances of the City of Laredo, the City will do so at its sole cost and expense so that a building permit may be issued. f Time Restrictions. All building construction must be completed on or before the second anniversary date of the Commencement Date of the Lease. g. Additional Improvements. During the Initial Lease Term or Extended Term, Lessee may construct additional improvements or modifications only if approved in writing by the City. However, in the event of additional construction, such must be completed within eighteen (1 8) months of the written approval granted by the City. Page 3 of 8 10. Condition, Maintenance and Repairs of Leasehold and Improvements. a. Lessee Accepts Premises "As-Is." Lessee acknowledges that it has firlly inspected the Premises and hereby accepts the Premises and any buildings, improvements and appurtenances thereto "As Is", that is, in their present state and condition, as suitable for the purpose for which the same are leased. Lessee agrees to allow for changes in such condition, occurring by reasonable deterioration between the Commencement Date and the date such changes shall occur. b. Lessee Maintenance. Lessee shall maintain, at its own expense, the Premises and any improvements, fixtures or equipment on the Premises in a safe, sanitary, orderly, and clean manner, in accordance with all applicable codes and regulations. Lessee shall also maintain the cleanliness of all paved areas on the Premises, and shall be responsible formowing all grass, watering lawns, controlling weeds, and maintaining shrubs and trees on the Premises. c. Lessee Responsible for All Utility Costs. Lessee shall, at its sole cost and expense, pay for all utility services, including sewage charges, water, gas, electricity, telephone service and any other utilities used on the Premises throughout the term of this Lease including connection fees. d. City's Right to Correct Deficiencies. The City has the right to require reasonable maintenance and repair to the Premises or the improvements thereon by Lessee as required by this Lease. Should the Lessee fail to make the required corrections, the City shall have the right, after written notice, to enter the Premises, or improvements thereto, correct the deficiency, and recover the cost of such activities from Lessee. e. Repair of Damage. If the Premises, or improvements thereto is partially destroyed or damaged by fire or other casualty, then Lessee shall repair and restore the Premises as soon as possible. Such repair or restoration shall commence not later than six (6) months after such damage, and be completed within six (6) months thereafter. Such repair or restoration shall be to substantially the same condition in which the Premises or improvements thereto was before such damage. In the event that Lessee has not commenced repairs within six (6)months fi-om the date of said damage and thereafter not completed such repairs within six (6)months, City may immediately terminate Lease. Such termination shall be made effective by serving written notice upon the Lessee as specified below. f. Destruction of the Premises or Improvements Thereto. In the event the Premises, or improvements thereto are either completely destroyed or so badly damaged that repairs cannot be commenced within six (6) months and completed within six (6) months thereafter, then, upon the agreement of both parties, this Lease may be terminated. Such termination shall be effective as of the date of the occurrence of the damage or destruction, and made effective by either party hereto by serving written notice upon the other. Page 4 of 8 g. Erosion Control. Where the slope, terrain, or soil disturbance is such that active soil or wind erosion may be present, Lessee must carry out erosion control practices to mitigate the erosion. These practices include, but are not limited to drainage facilities constructed and maintained by Lessee, landscaping, andlor seeding and maintaining of vegetation. 11 Removal of Improvements. At the expiration or termination of this Lease, any and all buildings and other permanent improvements on the Premises will, at the direction and sole discretion of City, either remain intact on the Premises and become the property of the City, or be removed by Lessee. If the City does elect for the Lessee to remove any or all improvements, the Lessee shall remove aLl improvements that have been identified for removal, within forty-five (45) days, and restore the Premises to its previously existing condition, including filling excavations, returning the surface to grade, and leaving the Premises safe and free hmall debris and hazards. Further, any and all improvements not removed as aforesaid shall, without compensation to or by the City, become the City's property free and clear of all liability and expenses. Lessee shall thereafter be released &om any and all liability, cost or expense associated with the Premises, including the improvements thereon, or associated with termination of this Lease. If, however, Lessee fails to promptly remove said improvements as required by the City, the City may assess and bill Lessee based on receipt of an itemized statement of costs of removal and restoration of the Premises. 12. Installation of Utilities. Lessee shall at its own expense obtain and install underground, any necessw electrical, gas, water, and any other utility service necessary to cany out its activities. 13. Hazardous Waste. No toxic materials or hazardous waste subject to regulation by the Texas Commission on Environmental Quality (TCEQ) shall be stored or disposed of on the Premises without the written permission of the City 14. Environmental Assessment and Remediation. At the expiration or termination of this Lease, the City will require that Lessee furnish to the City an Environmental Assessment Report on the place of business, conducted in accordance with the laws, codes and regulations in effect at that time. The costs of remediation, if any should be required by law, shall be the sole responsibility of the Lessee. 15. Signs. Lessee may erect and maintain signage on the Premises in conformity with the governing regulations of the sign ordinance in the City's Land Development Code. Specitically, Lessee may not permit or allow placement of any political signage of any kind pertaining to a national, state, or local election advertising or identifjing a political candidate, political party or ballot measure. Lessee shall be responsible for all the costs and expense of signs permitted by ordinance. 16. Termination. Either party may terminate this Lease if after providing written notice to the other party of a breach of any term or conmtion contained in this Lease, and informing the violating party Page 5 of8 of the nature of such breach and demanding that the same be remedied within one hundred twenty (120) days after written notice is delivered, such party fails to remedy the condition(s) of the breach. 17. Notices. Whenever any notice is required or permitted hereunder, such notice shall be in writing. Any notice or document required or permitted to be delivered hereunder shall be deemed to be delivered whether actually received or not, when deposited in the United States mail, as CertZed Mail, postage prepaid, return receipt requested, and addressed to the parties at their respective addresses, as set forth below: Notice to the City: City Manager City Hall 1110 Houston Laredo, Texas 78040 Notice to Lessee: Webb County Judge Webb County 1000 Houston Laredo, Texas 78040 18. Miscellaneous. a. Inconsistencies. Where there exists any inconsistency between this Lease and other provisions of collateral contractual agreements that are made a part hereof by reference or otherwise, the provisions of this Lease shall control. b. Severability. Each paragraph and provision hereof is severable £ram the entire Lease and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect. Prohibition against Assignment There shall be no assignment or transfer of this Lease without the prior written consent of both parties hereto. Law of Texas. This Lease shall be governed by and construed in accordance with the laws of the State of Texas and shall be enforced in Webb County, Texas. Entire Agreement for Lease. This Lease incorporates all the agreements, covenants, and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, agreements, and understandings have been merged into this written Lease. No other prior agreement or understandings, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless signed by both parties and attached hereto and/or embodied herein. f. Amendment. No changes to this Lease shall be made except upon written agreement of both parties. Page 6 of 8 g. Headings. The headings used herein are for convenience of reference only and shall not constitute a part hereof or affect the construction or interpretation hereof. h. Waiver. The failure on the part of any party to exercise or to delay in exercising, and no course of dealing with respect to any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies provided herein are cumulative and not exclusive of any remedies provided by law or in equity, except as expressly set forth herein. i. Counterparts. This Lease may be executed in any number of and by the different parties hereto on separate counterpa&, each of which when so executed shall be deemed to be a11 original, and such counterparts shall together constitute but one and the same document. j. Terminology and Definitions. All personal pronouns used herein, whether used in the masculine, feminine, or neutral, shall include all other genders; the singular shall include the plural and the plural shall include the singular. k. Rule of Construction. The parties hereto acknowledge that each party and its legal counsel have reviewed and revised this Lease, and the parties hereby agree that the normal rule of constructio~lto the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Lease or any amendments or exhibits hereto. 1. Exhibits. The following exhibit is attached and made part of this Lease: EXHIBIT "A" - Aerial photograph of location of Premises. IN WITNESS WHEREOF, CITY and LESSEE execute this Lease to be in effect as of the Commencement Date. COUNTY OF WEBB CITY OF LAREDO LOUIS H. BRUNI LARRY DOVALINA WEBB COUNTY JUDGE CITY MANAGER ATTEST: ATTEST: Page 7 of 8 MARGIE RAMIREZ IBARRA GUSTAVO GUEVARA COUNTY CLERK CITY SECRETARY APPROVED AS TO FORM: APPROVED AS TO FORM: HOMER0 RAMIREZ JAIME L. FLORES WEBB COUNTY ATTORNEY CITY A'ITORNEY Page 8 of 8 523 &. REi'NOii;:S 5TgF-E: AERIAL VIEW EXHIBIT A COUNCIL COMMUNICATION DATE: SUBJECT: INTRODUCTORY ORDINANCE Authorizing the City Manager to execute all necessary documents to effectively 08- 14-06 convey fee simple title to the "Surface Only," two land parcels to their respective abutting property owners, at their established market value of $8,150.00 each, and described as follows; PARCEL A - CONSISTING OF 4, 634.54 SQ. FT., (0.1064 OF AN ACRE) MORE OR LESS, TO JUAN RAMIREZ PROPERTIES, LTD. A TEXAS LIMITED PARTNERSHIP; SAlD PARCEL BEING OUT OF THE EAST ONE HALF SECTION OF TEXAS AVE. FROM THE SOUTH RIGHT-OF-WAY LlNE OF CHACON ST. TO 166.83 FEET TO THE SOUTH, SITUATED IN THE EASTERN DIVISION, ClTY OF LAREDO, WEBB COUNTY, TEXAS BEING GENERALLY DESCRIBED ON ATTACHED EXHIBIT "A, PARCEL B - CONSISTING OF 4, 634.54 SQ. FT., (0.1064 OF AN ACRE) MORE OR LESS, TO DORA PALMARIN; SAlD PARCEL BEING OUT OF THE WEST ONE HALF SECTION OF TEXAS AVE. FROM THE SOUTH RIGHT-OF-WAY LlNE OF CHACON ST. TO 166.83 FEET TO THE SOUTH, SITUATED IN THE EASTERN DIVISION, ClTY OF LAREDO, WEBB COUNTY, TEXAS BEING GENERALLY DESCRIBED ON ATTACHED EXHIBIT "6"; And hereby, approving the submitted Improvement Plan as described on Exhibit "C" and which is in compliance with Section 10 of the Street ClosingISales Policy Handbook, as approved per Resolution No. 97-R- 140; and providing for an effective date. I INITIATED BY: STAFF SOURCE: CYNTHIA COLLAZO ANGEL0 FERRAZZANO Asst. City Manager Real Estate Manager 1 PREVIOUS COUNCIL ACTION: J BACKGROUND: On December 1,2003, the City Council passed Ordinance No 2003-0-295, closing as a public easement, that section of Texas Avenue between Chacon and Piedra China Streets, situated in the Eastern Division. Juan Ramirez Properties LTD. and Dora Palmarin, the abutting property owners of the above-mentioned former street, have requested that the City of Laredo consider selling them their corresponding share of the 'above-mentioned former street. Said City property has been appraised by a State Certified Appraiser at 1 $8,150.00 for each parcel. (Continue on next page) Parcel A - Based on the appraisal report, the inarket value of the east one half section of the above inentioned parcel consisting of a 4, 634.54 sq. ft. (0.1064 of an acre) tract of land, being out of the east half section of Texas Ave. from the south right-of-way line of Chacon St. to 166.83 feet to the south is $8,150.00. The market value was determined as follows: A 3,834.76 sq. ft. section of this property consisting of level land was estimated at $1.98 per square foot for a inarket value of $7,593.00. An 800 square foot section of this property consisting of creek land was estimated at $0.70 per square foot for a market value of $560.00. Therefore, after combining the above totals the market value of the entire parcel was determent to be $8,150.00 @ Parcel B - Based on the appraisal report, the market value of the east one half section of the above mentioned parcel consisting of a 4,634.54 sq. ft. (0.1064 of an acre) parcel of land, being out of the west half section of Texas Ave., from the south right-of-way line of Chacon St. to 166.83 feet to the south is $8,150.00. The market value was determent as follows: A 3,834.76 sq. ft. section of this property consisting of level land was estimated at $1.98 per square foot for a market value of $7,593.00. An 800 square foot section of this property consisting of creek land was estimated at $0.70 per square foot for a market value of $560.00. Therefore, after combining the above totals the market value of the entire parcel was determent to be $8,150.00 0 Therefore, the combined total market value of Parcel A & B is $16,300.00. This property is not on the tax rolls since the City of Laredo is the owner; however, the Webb County Tax Appraisal District has properties in the area valued between $1.OO and $1.50 per square foot. As per Section 10 of the Street ClosindSales Policy Handbook, approved per Resolution No. 97-R- 140, the Improvement Plan submitted by the buyers for the proposed use of the above-mentioned City property, is in co~npliancewith adopted policy; hereby, being attached as Exhibit C. FINANCIAL IMPACT: Anticipated revenues from this sale is $16, 300.00 - Account No. 101-0000-374- 1 101 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Introduction of this Ordinance NIA ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTIVELY CONVEY FEE SIMPLE TITLE TO THE "SURFACE ONLY", OF TWO LAND PARCELS, TO THEIR RESPECTIVE ABUTTING PROPERTY OWNERS, AT THEIR ESTABLISED MARKET VALUE OF $8,150.00 EACH, AND DESCRIBED AS FOLLOWS; PARCEL A - CONSISTING OF 4,634.54 SQ. FT., (0.1064 OF AN ACRE) MORE OR LESS, TO JUAN RAMIREZ PROPERTIES, LTD., A TEXAS LIMITED PARTNERSHIP; SAID PARCEL BEING OUT OF THE EAST ONE HALF SECTION OF TEXAS AVE. FROM THE SOUTH RIGHT-OF-WAY LINE OF CHACON ST. TO 166.83 FEET TO THE SOUTH, SITUATED IN THE EASTERN DIVISION, CITY OF LAREDO, WEBB COUNTY, TEXAS, BEING GENERALLY DESCRIBED ON ATTACHED EXHIBIT "A," PARCEL B - CONSISTING OF 4,634.54 SQ. FT., (0.1064 OF AN ACRE) MORE OR LESS, TO DORA PALMARIN; SAID PARCEL BEING OUT OF THE WEST ONE HALF SECTION OF TEXAS AVE. FROM THE SOUTH RIGHT-OF-WAY LINE OF CHACON ST. TO 166.83 FEET TO THE SOUTH, SITUATED IN THE EASTERN DIVISION, CITY OF LAREDO, WEBB COUNTY, TEXAS, BEING GENERALLY DESCRIBED ON ATTACHED EXHIBIT "B," AND HEREBY APPROVING THE SUBMITTED IMPROVEMENT PLAN AS DESCRIBED ON EXHIBIT "C," WHICH IS IN COMPLIANCE WITH SECTION 10 OF THE STREET CLOSINGISALES POLICY HANDBOOK, AS APPROVED PER RESOLUTION NO. 97-R-140 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 1,2003, the City Council passed ordinance No. 20003-0- 295, closing as a public easement, that section of Texas Avenue between Chacon and Piedra China Streets situated in the Eastern Division, City of Laredo, Webb County, Texas; and WHEREAS, by virtue of the Original Land Grant from the Crown of Spain to the City of Laredo, fee simple title to certain streets is vested in the City of Laredo; and WHEREAS, Juan Ramirez Properties LTD. and Dora Palmarin, the abutting property owners of the above-mentioned former street, have requested that the City of Laredo consider selling them parcels A and B respectively out of said former street; and WHEREAS, said City property has been appraised by a State Certified Real Estate Appraiser at $16,300.00; and WHEREAS, Juan Ramirez Properties LTD. and Dora Palmarin have accepted the City's offer to purchase Parcels A and B, respectively, out of that former section of Texas Avenue between Chacon and Piedra China Streets situated in the Eastern Division, City of Laredo, Webb County, Texas at the established market value of $8,150.00 each; and WHEREAS, City Council finds that it is in the best interest of the City of Laredo to sell the above-mentioned Parcels A & B out of that former section of Texas Avenue between Chacon and Piedra China Streets, situated in the Eastern Division, City of Laredo, Webb County, Texas at the established market value of $8,150.00 each. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: It hereby authorizes the City Manager to execute all necessary documents to effectively convey fee simple title to the "Surface Only," of two land parcels, to their respective abutting property owners, at their established market value of $8,150.00 each, and described as follows; Parcel A - consisting of 4,634.54 sq. ft., more or less, to Juan Ramirez Properties LTD., said parcel being out of the east one half section of Texas Avenue between Chacon and Piedra China Streets situated in the Eastern Division, City of Laredo, Webb County, Texas, being generally described on attached Exhibit "A," Parcel B - consisting of 4,634.54 sq. ft., more or less, to Dora Palmarin, said parcel being out of the west one half section of Texas Avenue between Chacon and Piedra China Streets, situated in the Eastern Division, City of Laredo, Webb County, Texas, being generally described on attached Exhibit "B," And hereby, approving the submitted improvement plan as described on Exhibit "C," which is in compliance with Section 10 of the Street ClosingISales Policy Handbook, as approved per Resolution No. 97-R- 140. This Ordinance shall become effective upon passage thereof. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on this day of ,2006. RAUL G. SALINAS Mayor ATTEST: GUSTAVO GUEVARA, JR. City Secretary APPROVED AS TO FORM: ANTHONY McGETTRICK Asst. City Attorney 1-1 1-1 EXHIBIT C ITY OF LAR E D 0 ENG INEERING DEBAR TMENT METES AND BOUNDS DESCRIPTION FOR THE EAST HALF OF TEXAS AVENUE RIGHT-OF-WAY (SOUTH R0.W. OF CHACON STREET TO 166.83 FEET SOUTH) A TRACT OF LAND CONTAINING 4,634.54 sq.ft. (0.1064 of an Acre), out of the east of Texas Avenue right-of- way, from the south right-of-way line of Chacon Street to 166.83 feet south, in the Eastern Division, City of Laredo, Webb County, Texas, said 4,634.54 sq.ft. Tract of Land being more particularly described by metes and bounds as fol- lows: COMMENCING at a set %" dia. iron pin on the northwest comer of Block No. 1567, Eastern Division, City of Laredo, Webb County, Texas, as recorded in Volume 7, Page 15, Plat Records of Webb County, Texas, also being the northeast comer of this tract of land and POINT OF BEGINNING hereof; THENCE, West, along the south right-of-way line of Chacon Street, a distance of 27.78 feet for the northwest comer and point of deflection to the left; THENCE, South, along the center line of Texas Avenue right-of-way, a distance of 166.83 feet for the southwest corner and point of deflection to the left; TKENCE, East, a distance of 27.78 feet to a point on the west boundary line of said Block No. 1567, for the southeast comer and point of deflection to the left; THENCE, North, along the west boundary line of said Block No. 1567, a distance of 166.83 feet to the POINT-OF- BEGINKING of this Tract of Land, containing 4,634.54 sq.ft. (0.1064 of an Acre), in the Eastern Division of the City of Laredo, Webb County, Texas. BASIS FOR BEARINGS: The bearings for this survey were based by taking the east right-of-way of Texas Avenue as true north. I, ROGELIO RIVERA, a Registered Professional Land Surveyor of the State of Texas, do hereby certify that the fore- going description is true and correct to my best knowledge and belief and was prepared from an actual survey on the ground and from record information available made under my supervision on this 5"' Day of June, 2006. WITNESS MY HAND AND SEAL THIS 2oth DAY OF JULY, 2006. ... . 5- . ROGELIO RIVERA, P.E., CITY ENGINEER R.P.L.S. Texas No. 3052 ... , 1: --- - -- LOT 1 Property Owner of Block NO. 1567: Juan Rarnirez Properties LTD. AS per Warranty Oeed recorbed in vobrne 585. pages 22-24. doted: 12/30/97. D.R.W.C.T. BLK. 1567 E.D. LOT 4 LOT 5 LOT 6 I-- SCALE : I" = 40' -- CHECKEO . F) Rnm:rm -- .- EXHIBIT CITY OF LAREDO LNG INEERCNG DEPARTMENT METES AND BOUNDS DESCRIPTION FOR TIIE WEST HALF OF TEXAS AVENUE RIGHT-OF-WAY (SOUTH R.O. W. OF CHACON STREET TO 166.83 FEET SOUTH) A TRACT OF LAND CONTAINING 4,634.54 sq.ft. (0.1064 of an Acre), nut of the west half of Tesas Avenue right-of-way, from the soutli right-of-way line of Chacon Street to 166.83 feet south, in the Eastern Division, City of Laredo. Webb County, Texas, said 4,634.54 sq.ft. Tract of Land being more particularly described by metes and bounds as follows: COMMENCING at a set !4" dia. iron pin on the northwest corner of Block No. 1567, Eastern Division, City of Laredo, Webb County, Texas, as recorded in Volume 7, Page 15, Plat Records of Webb County, Texas; THENCE, West, along the south right-of-way line of Chacon Street, a distance of 55.56 feet for the northwest corner asid POINT OF BEGINNING hereof; THENCE, South, along the east boundary line of Block No. 1485, Eastern Division, City of Laredo, Webb County, Texas, a distance of 166.83 feet for the southwest and point of deflection to the left; THENCE, East, a distance of 27.78 feet for the southeast comer and point of deflection to the left; THENCE, North, along the center line of Texas Avenue right-of-way. a distance of 166.83 feet to a point on the south right-of-way line of Chacon Street, for the northeast corner and point of deflection to the lefi; THENCE, West, along the south right-of-way line of Chacon Street, a distance of 27.78 feet to the POINT-OF- BEGINNING of this Tract of Land, containing 4,634.54 sq.ft. (0.1064 of an Acre), in the Eastern Division of the City of Laredo, Webb County, Texas. BASIS FOR BEARLIGS: The bearings for this survey were based by taking the east right-of-way of Texas Avenue as true north. I, ROGELIO RIVERA, a Registered Professional Land Surveyor of the State of Texas, do hereby certify that the fore- going description is true and correct to my best knowledge and belief and was prepared from an actual survey on the ground and from record information available made under my supervision on this 5"' Day of June, 2006. WITNESS MY HAND AND SEAL THIS 2othDAY OF JULY, 2006. . ;, ... r... ,...*.- .-.-! Q 2; *.:: : R.P.L.S. Texas No. 3052 ...... LOT 1 Property Owner of Block No. 1567: Juon Romirez Properties. LTO. As per Worronty Deed recorded in vdume 585, payer 22-24. doled: 12/30/97. D.R.W.C.T. Doro Delio M.Polmerin. Narmo Hildo Palmerin. Doro Delio Polmerin Flwencio Polmerin. Jr. ond ~;sos Polmerin, as per Deed recorded in volume 510, pages 7 k 8. doted: 03/04/76. D.R.W.C.T. BLK. 1485 E.D. BLK. 1567 E.D. LOT 4 LOT 5 LOT 6 PUX!!3A CHMST.- .._.~- P.K. Noil at Texos Ave. CP Willow St. Basis for Bearinqs " The bearings for this survey were based by taking the eosl R.O.W. Line of Texas Ave. os true North. EXHIBIT C IMPROVEMENT PLAN FOR TRACT A CONSISTING OF A 4,634.54 SQ. FT. OUT OF THE EAST ONE HALF SECTION OF TEXAS AVE. FROM THE SOUTH RIGHT-OF-WAY LINE OF CHACON ST. TO 166.83 FEET TO THE SOUTH, SITUATED IN THE EASTERN DIVISION, CITY OF LAREDO, WEBB COUNTY, TEXAS. 1. THE CURVE AND GUTTER WILL BE EXTENDED UP TO WEST PROPERTY LINE OF THIS TRACT. 2. PROPECTIVE BUYER HAS INDICATED HE PLANS TO FENCE THE TRACT WITH CHAIN LINK FENCE. IMPROVEMENT PLAN FOR TRACT B CONSISTING OF A 4,634.54 SQ. FT. OUT OF THE WEST ONE HALF SECTION OF TEXAS AVE. FROM THE SOUTH RIGHT-OF-WAY LINE OF CHACON ST. TO 166.83 FEET TO THE SOUTH, SITUATED IN THE EASTERN DIVISION, CITY OF LAREDO, WEBB COUNTY, TEXAS. 1. A CHAIN LINK FENCE AND GATE WILL BE INSTALLED ON THIS TRACT. PAGE 1 OF 2 4) EXHIBIT- C- Page 2 of 2 IMPROVEMENT PLAN FOR TRACTS A AND B OUT OF THE FORMER SECTION OF TEXAS AVENUE BETWEEN CHACON AND PIERDRA CHINA STS PIEDRA CHINA ST. CHACON ST. 7 vA Stmet bciag proposed for sale. CElAIN LINK DENCE &mM CHAIN LINK FENCE GATE COUNCIL COMMUNICATION Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2006-0- 160 Amending Ordinance No. 2000-0-064 authorizing a Conditional Use Permit for a used car lot on ) 08/14/06 Lot 9, Block 351, Eastern Division, located at 114 West Lyon Street by repealing the existing condi- tional use permit and approving a conditional use permit for a tire shop; providing for publication and effective date. ZC-52B-2006 Initiated by: Staff source: Jesus Luis De Leon Keith Selman, Planning Director Rafael Garcia, Assistant City Manager Prior action: The Council approved a Conditional Use Permit for a used car lot on 3/6/00. This item was-introduced by John Amaya at the City Council meeting of 7/17/06. BACKGROUND I Council District: IV - John Amaya I I Proposed use: Tire Shop I / Site: The property is currently being used for storage of vehicles. 1 Warningslcitations: A warning was issued on 03/13/06 for violations of the conditions imposed by the ap- proved Conditional Use Permit including that no mechanical or body repair work shall be allowed. Surrounding land uses: The land north of the property includes single-family residences, manufactured homes and apartments. East of the site include single-family residences, Calvary Center, manufactured homes and apartments. To the south of the site are Pronto's Meat Market, Lily's Food Stand, manufactured homes and single-family residences. West of the site includes the South Texas Primary Care Inc., Webb County Coordina- tor's Office Head Start, Cecilia Moreno Park and single-family residences. Comprehensive Plan: The Future Land Use Map recognizes this area as RetaiVOffice. I I Transportation Plan: The Long Range Thoroughfare Plan identifies Lyon Street as a Major Collector. I Letters sent to surrounding property owners: 35 In Favor: 0 Opposed: 2 / STAFF COMMENTS I Staff does not support the issuance of the proposed Conditional Use Permit at this location. A tire shop requires a B-3 designation, rather than the current B-1 zoning district. A B-3 use is not appropriate at this location and may alter the character of the surrounding neighborhood. The proposed use is not compatible with the adjacent residen- tial uses to the north and east of the property. / If the Commission wishes to consider a conditional use permit. Staff recommends the following conditions: I 1. Parking shall comply with the Laredo Land Development Code at all times. 2. The C.U.P. shall be issued Jesus Luis De Leon and is nontransferable. 3. The C.U.P. is restricted to the activities describe in letter, Exhibit "A," which is made part hereof for all purposes. 4. The C.U.P. is restricted to the site plan, Exhibit "B," which is made part hereof for all purposes. 5. The owner must plant and maintain two (2) trees and six (6) shrubs. 6. Provide a seven (7) ft. opaque wall adjacent to any residential uses or zones. 7. All work shall be conducted from within a wholly enclosed structure. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 5 to 0 vote, recommended ap- Staff does not support the proposed Conditional proval of the Conditional Use Permit. Use Permit. Page 1 of 1 ORDINANCE NO. 2006-0-160 AMENDING ORDINANCE NO. 2000-0-064 AUTHORIZING THE A CONDITIONAL USE PERMIT FOR A USED CAR LOT ON LOT 9, BLOCK 351, EASTERN DIVISION, LOCATED AT 114 WEST LYON STREET, BY REPEALING THE EXISTING CONDITIONAL USE PERMIT AND APPROVING A CONDITIONAL USE PERMIT FOR A TIRE SHOP; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a request has been received for the issuance of a Conditional Use Permit for tire shop on Lot 9, Block 35 1, Eastern Division, located at 114 West Lyon Street; and, WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on July 6, 2006; and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has recom- mended approval of the Conditional Use Pennit; and, WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the City of Laredo City Council on this matter; and, WHEREAS, the City Council has held a public hearing on July 17,2006, on the re- quest and finds the Conditional Use Permit amendment appropriate and consistent with the General Plan of the City of Laredo; and, WHEREAS, all conditions imposed by the Conditional Use Permit, and all pertinent requirements the Laredo Land Development Code shall be met before the activity sanctioned by the Conditional Use Permit may commence; and, WHEREAS, the City Council does not consider the impact, if any, of private covenants and deed restrictions on the subject property with the adoption of this ordinance; and, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The Zoning Map of the City of Laredo be and is hereby amended by author- izing the issuance of a Conditional Use Permit for a tire shop on Lot 9, Block 35 1, Eastern Divi- sion, located at 114 West Lyon Street. Section 2: The Conditional Use Permit is further restricted to the following provision herewith adopted by the City Council: 1. Parlng shall comply with the Laredo Land Development Code at all times. 2. The C.U.P. shall be issued Jesus Luis De Leon and is nontransferable. 3. The C.U.P. is restricted to the activities describe in letter, Exhibit "A", which is made part hereof for all purposes. 4. The C.U.P. is restricted to the site plan, Exhibit "B", which is made part hereof for all pur- poses. 5. The owner must plant and maintain two (2) trees and six (6) shrubs. 6. Provide a seven (7) ft. opaque wall adjacent to any residential uses or zones. 7. All work shall be conducted from within a wholly enclosed structure. Section 3: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo. Section 4: This ordinance shall become effective as and from the date of publication specified in Section 3. Section 5: The Conditional Use Permit authorized by this ordinance shall be revoked pursuant to the Laredo Land Development Code, section 24.94.10, entitled "Revocation," ac- cording to the criteria and procedures described therein and below: 1. Criteria Any Conditional Use Permit, authorized by City Council, shall be considered in noncompli- ance and shall be revoked and removed from the City of Laredo Zoning Map, in the event a court of law finds the use in violation of any of the following conditions: A. The use established on site does not conform, at any time, with any or all permit condition(s) approved by the City Council and or any local, state, or federal law. B. The activity authorized by the Conditional Use Permit commences prior to the in- stitution of all conditions imposed by the Conditional Use Permit. C. Discontinuance of the Council approved conditional use for a period of six (6) con- secutive months. D. The use of which the Conditional Use Permit was authorized does not commence within six months of City Council's final approval date. 2. Procedures Should City of Laredo Enforcement Official inspection reveal noncompliance with Laredo Land Development Code, Subsection 24.94.10, Conditional Use Permit revocation procedures shall commence as below stipulated: A. A Zoning Officer shall, upon discovery of conditional use permit noncompliance as per Subsection 24.94.10, issue a written warning, granting a grace period of a minimum of ten (10) working days, within which time the use may be brought into compliance with the current City Council approved Conditional Use Permit for that location. B. If noncompliance persists after the conclusion of the warning grace period, a Zon- ing Enforcement Official shall issue a written citation. C. Should the citation result in a guilty verdict, the City of Laredo shall consider the Conditional Use Permit revoked and proceed with its removal from the City of Laredo Zoning Map. D. The Planning Director shall then issue the permit holder written notification of the Conditional Use Permit's official revocation and removal from the City of Laredo Zoning Map. E. In the event of discontinuance or failure to commence as stipulated in Subsection 24.94.10.1 D and E of this Ordinance, Zoning Enforcement Staff will issue written notification of same. Ten days after issuance of Zoning Enforcement notification of discontinuance or failure to commence, the Planning Director shall then issue the permit holder written notification of the Conditional Use Permit's official revoca- tion and removal from the City of Laredo Zoning Map. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVEJI AS TO FORM: JAIME FLOWS I CITY ATT~~EY / BY: ANTHONY C. MCGETTRICK 1 ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2006-0-1 61 Amending Ordinance No. 97-0-058 authorizing a Conditional Use Permit for a truckltrailer rental 08/14/06 center (U-Haul dealer) on Lot 2, Block 8, McPherson Acres Development Subdivision Unit 11, lo- cated at 16 13 Calle Del Norte to include a paint and body shop; providing for publication and effec- tive date. ZC-53-2006 Initiated by: Staff source: Precision Auto & Truck Service Center, Inc. Keith Selman, Planning Director Rafael Garcia, Assistant City Manager Prior action: This item was introduced by Johnny Rendon at the City Council meeting of 711 7/06. BACKGROUND Council District: V - Johnny Rendon / Proposed use: Addition of a paint and body shop I Site: TrucWtrailer rental center (U-Haul dealer) I WarningsICitations: None I Surrounding land uses: The surrounding uses include Gentry's Nursery, apartments, First National Bank Com- munication Services and Wells Fargo Home Mortgage to the north. To the south are Allstate shipping center, Mar- la Restaurant, Shell Gas Station, Grainger Industrial Supply, Laredo Investment Properties Inc., Sunrise Apart- ments and Magic Car Wash. To the east are Circle K, Firestone, Laredo Animal Clinic and Centre Plaza. To the west are Roel's Beauty Supply Salon, Karate School, Lozano's Embroidery, Staff Force Personnel Services and the Silva Method. I Comprehensive Plan: The Future Land Use Map recognizes this area as RetailIOffice. 1 Transportation Plan: The Long Range Thoroughfare Plan identifies Calle del Norte as a Major Collector. I Letters sent to surrounding property owners: 25 In Favor: 0 Opposed: 2 I STAFF COMMENTS I Staff supports the amendment of the Conditional Use Permit at this location. A paint and body shop, requires a B- 4 designation, rather than the current B-3 zoning district. While a B-4 designation is unwarranted at this location, conditional use status is appropriate as the proposed use "will not alter the character of the surrounding area in a manner which substantially limits, impairs, or precludes the use of surrounding properties for the primary uses listed as allowable in the underlying zoning districts." Staff recommends the following conditions: 1. Parking shall comply with the Laredo Land Development Code at all times. 2. The C.U.P. shall be issued Precision Auto & Truck Service Center, Inc., and is nontransferable. 1 3. The C.U.P. is restricted to the activities described in letter, Exhibit "A," which is made part hereof for all purposes. 4. The C.U.P. is restricted to trucWtrailer rentals of U-Haul authorized equipment only. 5. All U-Haul equipment must be stored and displayed on the applicant's property and not on the public right- of-way. 6. The C.U.P. is restricted to the site plan, Exhibit "B," which is made part hereof for all purposes. 7. The owner must plant and maintain six (6) trees and eighteen (1 8) shrubs. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recommended ap- Staff supports the proposed Conditional Use oroval of the Conditional Use Permit. Permit. Page 1 of 1 ORDINANCE NO. 2006-0-161 AMENDING ORDINANCE NO. 1997-0-05 8 AUTHORIZING A CONDITIONAL USE PERMIT FOR A TRUCWTRAILER RENTAL CENTER (UHAUL DEALER) ON LOT 2, BLOCK 8, MCPHERSON ACRES DEVELOPMENT SUBDIVISION UNIT 11, LOCATED AT 1613 CALLE DEL NORTE, TO INCLUDE A PAINT AND BODY SHOP; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a request has been received for the amendment of a Conditional Use Per- mit to include a paint and body shop on Lot 2, Block 8, McPherson Acres Development Subdivision Unit 11, located at 16 13 Calle Del Norte; 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 July 6,2006; and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has recom- mended approval of the Conditional Use Permit; and, WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (1 5) days prior to the public hearing held before the City of Laredo City Council on this matter; and, 1 WHEREAS, the City Council has held a public hearing on July 17,2006, on the re- quest and finds the Conditional Use Permit amendment appropriate and consistent with the General Plan of the City of Laredo; and, WHEREAS, all conditions imposed by the Conditional Use Permit, and all pertinent requirements the Laredo Land Development Code shall be met before the activity sanctioned by the Conditional Use Permit may commence; and, WHEREAS, the City Council does not consider the impact, if any, of private covenants and deed restrictions on the subject property with the adoption of this ordinance; and, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The Zoning Map of the City of Laredo be and is hereby amended by author- izing the amendment of a Conditional Use Permit to include a paint and body shop on Lot 2, Block 8, McPherson Acres Development Subdivision Unit 11, located at 1613 Calle Del Norte. Section 2: The Conditional Use Permit is further restricted to the following provision herewith adopted by the City Council: 1. Parking shall comply with the Laredo Land Development Code at all times. i 2. The C.U.P. shall be issued Precision Auto & Truck Service Center, Inc.and is nontransferable. 3. The C.U.P. is restricted to the activities described in letter, Exhibit "A", which is made part hereof for all purposes. 4. The C.U.P. is restricted to truckltrailer rentals of U-Haul authorized equipment only. 5. All U-Haul equipment must be stored and displayed on the applicant's property and not on the public right-of-way. 6. The C.U.P. is restricted to the site plan, Exhibit "B", which is made part hereof for all pur- poses. 7. The owner must plant and maintain six (6) trees and eighteen (18) shrubs. Section 3: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo. Section 4: This ordinance shall become effective as and from the date of publication specified in Section 3. Section 5: The Conditional Use Permit authorized by this ordinance shall be revoked pursuant to the Laredo Land Development Code, section 24.94.10, entitled "Revocation," ac- cording to the criteria and procedures described therein and below: 1. Criteria Any Conditional Use Permit, authorized by City Council, shall be considered in noncompli- ance and shall be revoked and removed from the City of Laredo Zoning Map, in the event a court of law finds the use in violation of any of the following conditions: A. The use established on site does not conform, at any time, with any or all permit condition(s) approved by the City Council and or any local, state, or federal law. B. The activity authorized by the Conditional Use Permit commences prior to the in- stitution of all conditions imposed by the Conditional Use Permit. C. Discontinuance of the Council approved conditional use for a period of six (6) con- secutive months. D. The use of which the Conditional Use Permit was authorized does not commence within six months of City Council's final approval date. 2. Procedures Should City of Laredo Enforcement Official inspection reveal noncompliance with Laredo Land Development Code, Subsection 24.94.10, Conditional Use Permit revocation procedures shall commence as below stipulated: A. A Zoning Officer shall, upon discovery of conditional use permit noncompliance as per Subsection 24.94.10, issue a written warning, granting a grace period of a minimum of ten (10) working days, within which time the use may be brought into compliance with the current City Council approved Conditional Use Permit for that location. B. If noncompliance persists after the conclusion of the warning grace period, a Zon- ing Enforcement Official shall issue a written citation. C. Should the citation result in a guilty verdict, the City of Laredo shall consider the Conditional Use Permit revoked and proceed with its removal from the City of Laredo Zoning Map. D. The Planning Director shall then issue the permit holder written notification of the Conditional Use Permit's official revocation and removal from the City of Laredo Zoning Map. E. In the event of discontinuance or failure to commence as stipulated in Subsection 24.94.10.1 D and E of this Ordinance, Zoning Enforcement Staff will issue written notification of same. Ten days after issuance of Zoning Enforcement notification of discontinuance or failure to commence, the Planning Director shall then issue the permit holder written notification of the Conditional Use Permit's official revoca- tion and removal from the City of Laredo Zoning Map. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006. RAUL G. SALINAS MAYOR 1 ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY ) ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2006-0- 162 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use 08/14/06 Permit for a snack bar on Lot 6, Block 233, Eastern Division, located at 320 Mier Street.; providing for publication and effective date. ZC-54- 1 2006 Initiated by: I Staff source: I Maria aura Garza I Keith Selrnan, Planning Director I Rafael Garcia, Assistant City Manager Prior action: This item was introduced by Michael Landeck at the City Council meeting of 711 7/06. BACKGROUND Council District: I11 - Michael Landeck Proposed use: Snack Bar Site: Single-family residential structure I Warnings/Citations: None. Surrounding land uses: The surrounding uses include single-family residences to the south. To the north are single-family residences, manufactured homes, warehouse storage and Gomez Brothers Produce Company. To the east are single-family residences, manufactured homes and NOW Productos Naturales. To the west are single- family residences, Los Compadres Warehouse, La India Packing Company and Galarza Tortilla Factory. Comprehensive Plan: The Future Land Use Map recognizes this area as RetailIOffice. Transportation Plan: The Long Range Thoroughfare Plan does not identify Mier Street at this location and iden- tifies Springfield Avenue as a Major Collector. Letters sent to surrounding property owners: 59 In Favor: 1 Opposed: 9 1 STAFF COMMENTS Staff supports the issuance of the proposed Conditional Use Permit at this location. A snack bar requires a B-1 designation, rather than the current R-3 zoning district. While a B-1 designation is unwarranted at this location, conditional use status is appropriate as the proposed use "will not alter the character of the surrounding area in a manner which substantially limits, impairs, or precludes the use of surrounding properties for the primary uses listed as allowable in the underlying zoning districts." Staff recommends the following conditions: I 1. Parking shall comply with the Laredo Land Development Code at all times. 2. The C.U.P. shall be issued Maria Laura Garza and is nontransferable. 3. The C.U.P. is restricted to the activities describe in letter, Exhibit "A," which is made part hereof for all purposes. 4. The C.U.P. is restricted to the site plan, Exhibit "B," which is made part hereof for all purposes. 5. The owner must plant and maintain seven (7) trees and twenty-one (21) shrubs. 6. Provide a seven (7) ft. opaque wall adjacent to any residential uses or zones. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recommended ap- Staff supports the proposed Conditional Use proval of the Conditional Use Permit. Permit. 1 Page 1 of 1 ORDINANCE NO. 2006-0-162 AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR A SNACK BAR ON LOT 6, BLOCK 233, EASTERN DIVISION, LOCATED AT 320 MIER STREET; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a request has been received for the issuance of a Conditional Use Permit for a snack bar on Lot 6, Block 233, Eastern Division, located at 320 Mier Street; and, WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on July 6,2006; and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has recom- mended approval of the Conditional Use Permit; and, WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (1 5) days prior to the public hearing held before the City of Laredo City Council on this matter; and, WHEREAS, the City Council has held a public hearing on July 17, 2006, on the re- quest and finds the Conditional Use Pennit appropriate and consistent with the General Plan of ) the City of Laredo; and, WHEREAS, all conditions imposed by the Conditional Use Pennit, and all pertinent requirements the Laredo Land Development Code shall be met before the activity sanctioned by the Conditional Use Permit may commence; and, WHEREAS, the City Council does not consider the impact, if any, of private covenants and deed restrictions on the subject property with the adoption of this ordinance; and, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The Zoning Map of the City of Laredo be and is hereby amended by author- izing the issuance of a Conditional Use Permit for a snack bar on Lot 6, Block 233, Eastern Divi- sion, located at 320 Mier Street. Section 2: The Conditional Use Permit is further restricted to the following provision herewith adopted by the City Council: 1. Parlung shall comply with the Laredo Land Development Code at all times. 2. The C.U.P. shall be issued Maria Laura Garza and is nontransferable. 3. The C.U.P. is restricted to the activities describe in letter, Exhibit "A", which is made part hereof ) for all purposes. 4. The C.U.P. is restricted to the site plan, Exhibit "B", which is made part hereof for all purposes. 5. The owner must plant and maintain seven (7) trees and twenty-one (21) shrubs. j 6. Provide a seven (7) ft. opaque wall adjacent to any residential uses or zones. Section 3: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo. Section 4: This ordinance shall become effective as and from the date of publication specified in Section 3. Section 5: The Conditional Use Permit authorized by this ordinance shall be revoked pursuant to the Laredo Land Development Code, section 24.94.10, entitled "Revocation," ac- cording to the criteria and procedures described therein and below: 1. Criteria Any Conditional Use Permit, authorized by City Council, shall be considered in noncompli- ance and shall be revoked and removed from the City of Laredo Zoning Map, in the event a court of law finds the use in violation of any of the following conditions: A. The use established on site does not conform, at any time, with any or all permit condition(s) approved by the City Council and or any local, state, or federal law. B. The activity authorized by the Conditional Use Permit commences prior to the in- stitution of all conditions imposed by the Conditional Use Permit. C. Discontinuance of the Council approved conditional use for a period of six (6) con- secutive months. D. The use of which the Conditional Use Permit was authorized does not commence within six months of City Council's final approval date. 2. Procedures Should City of Laredo Enforcement Official inspection reveal noncompliance with Laredo Land Development Code, Subsection 24.94.10, Conditional Use Permit revocation procedures shall commence as below stipulated: A. A Zoning Officer shall, upon discovery of conditional use permit noncompliance as per Subsection 24.94.10, issue a written warning, granting a grace period of a minimum of ten (10) working days, within which time the use may be brought into compliance with the current City Council approved Conditional Use Permit for that location. B. If noncompliance persists after the conclusion of the warning grace period, a Zon- ing Enforcement Official shall issue a written citation. C. Should the citation result in a guilty verdict, the City of Laredo shall consider the Conditional Use Permit revoked and proceed with its removal from the City of Laredo Zoning Map. D. The Planning Director shall then issue the permit holder written notification of the Conditional Use Permit's official revocation and removal from the City of Laredo Zoning Map. E. In the event of discontinuance or failure to commence as stipulated in Subsection 24.94.10.1 D and E of this Ordinance, Zoning Enforcement Staff will issue written notification of same. Ten days after issuance of Zoning Enforcement notification of discontinuance or failure to commence, the Planning Director shall then issue the permit holder written notification of the Conditional Use Permit's official revoca- tion and removal from the City of Laredo Zoning Map. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY /' &f: ANTH~NYC. MCGETTRICK ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2006-0-163 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 67.16 acres, as 08/14/06 further described by metes and bounds in attached Exhibit "A," located on the west side of Bob Bullock Loop North of Winfield Parkway, from R-1 (Single-Family Residential Dis- trict) to 8-3 (Community Business District); providing for publication and effective date. ZC-62-2006 Initiated by: Staff source: Killam Development Keith Selman, Planning Director Rafael Garcia, Assistant City Manager Prior action: This item was introduced by Gene Belmares at the City Council meeting of 7/1 7/06. BACKGROUND / Council District: VI - Gene Belmares i I Proposed use: Commercial / Site: vacant I Surrounding land uses: The land surrounding to the east of the site is vacant and undeveloped. The land south of the site includes single-family residences and vacant land. The land west of the site is va- cant and undeveloped. North of the site are single-family residences and vacant land. / Comprehensive Plan: The Future Land Use Map recognizes this area as RetaiVOffice. I Transportation Plan: The Long Range Thoroughfare Plan identifies Bob Bullock Loop as a Major Ar- terial and Truck Route. Letters sent to surrounding property owners: 2 In Favor: 1 Opposed: 0 STAFF COMMENTS The proposed zone change is appropriate at this location. The proposed change is consistent with the zoning pattern along Bob Bullock Loop. The B-3 district is compatible with other commercial zoning districts adjacent to the site. The proposed B-3 conforms to the approved master plan of the area. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recom- Staff supports the proposed zone change mended approval of the zone change. Page 1 of 2 COUNCIL COMMUNICATION I IMPACT ANALYSIS B-3 (Community Business District): The purpose of the B-3 District is to provide for those busi- nesses and services serving a trade area larger than a neighborhood, but smaller than the entire city and located primarily along minor or principal arterial streets, as classified in the Transportation Plan of the City of Laredo. It is intended for this zoning classification to exist primarily abutting minor or principal arterial streets while preserving established residential neighborhoods along such streets. Is this change contrary to the established land use pattern? No, there is a substantial pattern of commercial development along this corridor. Would this change create an isolated zoning district unrelated to surrounding districts? No, there exists a B-3 district to the south of the property. Will change adversely influence living conditions in the neighborhood? No, this area is still largely undeveloped. Page 2 of 2 ORDINANCE NO. 2006-0-1 63 AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 67.16 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A", LOCATED ON THE WEST SIDE OF BOB BULLOCK LOOP NORTH OF WINFIELD PARKWAY, 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 67.16 acres, as fur- ther described by metes and bounds in attached Exhibit "A", located on the west side of Bob Bullock Loop North of Winfield Parkway, from R-1 (Single-Family Residential District) and R-2 (Multi-Family Residential District) to B-3 (Community Business 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 July 6,2006, and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has rec- 1 ommended approval of the proposed zone change; and, WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the City of Laredo City Council on this matter; and, WHEREAS, the City Council has held a public hearing on July 17,2006, on the re- quest and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and, WHEREAS, the City Council does not consider the impact, if any, of private cove- nants and deed restrictions on the subject property with the adoption of this ordinance; and, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezon- ing 67.16 acres, as further described by metes and bounds in attached Exhibit "A", located on the west side of Bob Bullock Loop North of Winfield Parkway, 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 ,2006. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY / I I 1 ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION - Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2006-0-164 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 83.10 acres, as 08/14/06 further described by metes and bounds in attached Exhibit "A," located on the west side of Bob Bullock Loop north of Winfield Parkway, fi-om R-1 (Single Family Residential Dis- trict) to R-1A (Single Family Reduced Area District); providing for publication and effective date. ZC-63-2006 Initiated by: Staff source: Killam Development Keith Selman, Planning Director Rafael Garcia, Assistant City Manager Prior action: This item was introduced by Gene Belmares at the City Council meeting of 7/17/06. BACKGROUND Council District: VI - Gene Belmares Proposed use: Single-family Residential Site: The site is currently vacant. Surrounding land uses: East, north and south of the site are vacant. West of the site are single- family residences and Borchers Elementary School. Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential. Transportation Plan: The Long Range Thoroughfare Plan identifies Bob Bullock Loop as a Major Arterial and Truck Route. Letters sent to surrounding property owners: 4 In Favor: 1 Opposed: 0 STAFF COMMENTS The proposed zone change is appropriate at this location. The intended R- 1A designation is consis- tent with the Comprehensive Plan, the surrounding land uses and residential zoning districts. Also, the proposed zone change is in conformance with the approved master plan of the area. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recommended Staff supports the proposed zone change. approval of the zone change. Page 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 neighborhood they serve. In addition, this district provides for the subdivision of single family resi- dential lots with a minimum of 4500 square feet. Is this change contrary to the established land use pattern? No, the land use pattern is primarily residential. Would this change create an isolated zoning district unrelated to surrounding districts? No, the surrounding districts are R-1 and R-1 A. Will change adversely influence living conditions in the neighborhood? No, the proposed zone change will not negatively impact the surrounding area. Are there substantial reasons why the property can not be used in accord with existing zoning? No, the current zoning allows for sufficient uses compatible with the surrounding area. Page 2 of 2 ORDINANCE NO. 2006-0-1 64 AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 83.10 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A," LOCATED ON THE WEST SIDE OF BOB BULLOCK LOOP NORTH OF WINFIELD PARKWAY, FROM R- 1 (SINGLE FAMILY RESIDENTIAL DISTRICT) TO R-IA (SINGLE-FAMILY REDUCED AREA DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a zone change has been requested by the owners of 83.10 acres, as fur- ther described by metes and bounds in attached Exhibit "A", located on the west side of Bob Bullock Loop north of Winfield Parkway, from R-1 (Single Family Residential District) to R- IA (Single-Family Reduced Area 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 July 6,2006, and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has rec- ommended approval of the proposed zone change; and, WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the City of Laredo City Council on this matter; and, WHEREAS, the City Council has held a public hearing on July 17,2006, on the re- quest and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and, WHEREAS, the City Council does not consider the impact, if any, of private cove- nants and deed restrictions on the subject property with the adoption of this ordinance; and, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezon- ing 83.10 acres, as further described by metes and bounds in attached Exhibit "A", located on the west side of Bob Bullock Loop north of Winfield Parkway, from R-1 (Single Family Residential District) to R-1A (Single-Family Reduced Area District). r, 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 ,2006. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY ASSISTA~TCITY ATTORNEY COUNCIL COMMUNICATION Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2006-0-165 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 29.7 acres, as 0811 4/06 further described by metes and bounds in attached Exhibit "A," located on the southeast corner of Bob Bullock Loop and International Boulevard, from AG (Agricultural District) to B-3 (Community Business District); providing for publication and effective date. ZC-64-2006 Initiated by: Staff source: San Isidro Southeast Loop, Ltd. Keith Selman, Planning Director Rafael Garcia, Assistant City Manager Prior action: This item was introduced by Gene Belmares at the City Council meeting of 7/17/06. BACKGROUND Council District: VI- Gene Belmares Proposed use: Commercial Site: Vacant and undeveloped Surrounding land uses: To the north of the site is Bob Bullock Loop. To the south of the site are single-family residences. To the west of the site are vacant land, a detention pond and Convergys. To the east of the site is vacant land. Comprehensive Plan: The Future Land Use Map recognizes this area as RetailIOffice. ) Transportation Plan: The Long Range Thoroughfare Plan identifies Bob Bullock Loop as a Major Arterial and Truck Route. Letters sent to surrounding property owners: 4 In Favor: 1 Opposed: 0 STAFF COMMENTS The proposed zone change is appropriate at this location. The proposed district is compatible with the Comprehensive Plans designation as RetailIOffice. The proposed B-3 District con- forms to the approved master plan of the subdivision. Properties along Bob Bullock Loop are following a commercial trend of development. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recommended Staff supports the proposed zone change. approval of the zone change. Page 1 of 2 COUNCIL COMMUNICATION I IMPACT ANALYSIS B-3 (Community Business District): The purpose of the B-3 District is to provide for those busi- nesses and services serving a trade area larger than a neighborhood, but smaller than the entire city and located primarily along minor or principal arterial streets, as classified in the Transportation Plan of the City of Laredo. It is intended for this zoning classification to exist primarily abutting minor or principal arterial streets while preserving established residential neighborhoods along such streets. Is this change contrary to the established land use pattern? Yes, the land use pattern is primarily residential in nature. Would this change create an isolated zoning district unrelated to surrounding districts? Yes, the adjacent districts are R-1, AG and R-2. Will change adversely influence living conditions in the neighborhood? The proposed change may introduce more intense uses into the neighborhood. Page 2 of 2 ORDINANCE NO. 2006-0-1 65 AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 29.7 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A", LOCATED ON THE SOUTHEAST CORNER OF BOB BULLOCK LOOP AND INTERNATIONAL BOULEVARD, FROM AG (AGRICULTURAL DISTRICT) TO B-3 (COMMUNITY BUSINESS DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a zone change has been requested by the owners of 29.7 acres, as further described by metes and bounds in attached exhibit "A", located on the southeast comer of Bob Bullock Loop and International Boulevard, from AG (Agricultural District) to B-3 (Community Business 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 July 6,2006, and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has rec- ) ommended approval of the proposed zone change; and, WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the City of Laredo City Council on this matter; and, WHEREAS, the City Council has held a public hearing on July 17,2006, on the re- quest and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and, WHEREAS, the City Council does not consider the impact, if any, of private cove- nants and deed restrictions on the subject property with the adoption of this ordinance; and, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezon- ing 29.7 acres, as further described by metes and bounds in attached Exhibit "A", located on the southeast corner of Bob Bullock Loop and International Boulevard, from AG (Agricul- tural 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 ,2006. RAUL G. SALJNAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME FLORES CITY ATTO~EY / , , i ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION ' Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2006-0-166 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 19.4 acres, as further 08/14/06 described by metes and bounds in attached Exhibit "A," located on the south side of Bob Bul- lock Loop east of International Boulevard, from AG (Agricultural District) to B-3 (Community Business District); providing for publication and effective date. ZC-65-2006 Initiated by: Staff source: San Isidro Southeast Loop, Ltd. Keith Selman, Planning Director Rafael Garcia, Assistant City Manager Prior action: This item was introduced by Gene Belmares at the City Council meeting of 7/17/06. BACKGROUND I Council District: VI - Gene Belmares I Proposed use: Commercial I Site: Vacant I I WaroingsICitations: None I Surrounding land uses: The properties to the north, east and west are primarily vacant and undeveloped. The properties to the south are single-family residences. / Comprehensive Plan: The Future Land Use Map recognizes this area as RetailIOffice. I Transportation Plan: The Long Range Thoroughfare Plan identifies Bob Bullock Loop as a Major Arterial ) and Truck Route. Letters sent to surroundingproperty owners: 3 In Favor: 1 Opposed: 0 STAFF COMMENTS The proposed zone change is appropriate at this location. The proposed district is compatible to the ex- isting zoning pattern along Bob Bullock Loop. The proposed B-3 District conforms to the approved master plan of the subdivision. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recom- Staff supports the proposed zone change mended approval of the zone change. Page 1 of 2 COUNCIL COMNIUNICATION IMPACT ANALYSIS B-3 (Community Business District): The purpose of the B-3 District is to provide for those busi- nesses and services serving a trade area larger than a neighborhood, but smaller than the entire city and located primarily along minor or principal arterial streets, as classified in the Transportation Plan of the City of Laredo. It is intended for this zoning classification to exist primarily abutting minor or principal arterial streets while preserving established residential neighborhoods along such streets. Is this change contrary to the established land use pattern? No, although this area is mostly undeveloped, Bob Bullock Loop is following a pattern of commercial development. Would this change create an isolated zoning district unrelated to surrounding districts? Yes, the surrounding districts are R-1 and AG. Will change adversely influence living conditions in the neighborhood? No. Are there substantial reasons why the property can not be used in accord with existing zoning? Yes, the current zoning only allows for agricultural type uses. Page 2 of 2 ORDINANCE NO. 2006-0-1 66 AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 19.4 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A," LOCATED ON THE SOUTH SIDE OF BOB BULLOCK LOOP EAST OF INTERNATIONAL BOULEVARD, FROM AG (AGRICULTURAL DISTRICT) TO B-3 (COMMUNITY BUSINESS DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a zone change has been requested by the owners of 19.4 acres, as further described by metes and bounds in attached Exhibit "A", located on the south side of Bob Bul- lock Loop east of International Boulevard , from AG (Agricultural District) to B-3 (Commu- nity 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 July 6,2006, and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has rec- omrnended 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 17, 2006, on the re- quest and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and, WHEREAS, the City Council does not consider the impact, if any, of private cove- nants and deed restrictions on the subject property with the adoption of this ordinance; and, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezon- ing 19.4 acres, as further described by metes and bounds in attached Exhibit "A", located on the south side of Bob Bullock Loop east of International Boulevard , from AG (Agricultural 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 ,2006. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY / ASSISTANTCITY ATTORNEY COUNCIL COMMUNICATION Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2006-0-167 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 4.5 acres, as fur- ) 08114106 ther described by metes and bounds in attached Exhibit "A", located on the south side of Bob Bullock Loop east of International Boulevard, from AG (Agricultural District) to B-4 (Highway Commercial District); providing for publication and effective date. ZC-67-2006 Initiated by: Staff source: San Isidro Southeast Loop, Ltd. Keith Selman, Planning Director Rafael Garcia, Assistant City Manager Prior action: This item was introduced by Gene Belmares at the City Council meeting of 7/17/06. BACKGROUND Council District: VI- Gene Belmares I Proposed use: Commercial I Site: Vacant and undeveloped Surrounding land uses: To the north of the site.is San Isidro Ready Mix Ltd. and vacant land. To the east and west of the site is vacant and undeveloped land. To the south of the site are single-family residences. / Comprehensive Plan: The Future Land Use Map recognizes this area as RetailIOffice. 1 Transportation Plan: The Long Range Thoroughfare Plan identifies Bob Bullock Loop as a Major Arterial and Truck Route. ) Letters sent to surrounding property owners: 4 In Favor: 1 Opposed: 0 STAFF COMMENTS The proposed zone change is appropriate at this location. The proposed change is compatible with existing zones and uses on the north side of Bob Bullock Loop. The property meets the location and dimensional standards for a B-4 district. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recommended Staff supports the proposed zone change. approval of the zone change. Page 1 of 2 COUNCIL COMMUNICATION IMPACT ANALYSIS B-4 (Highway Commercial District): The purpose of the B-4 District is to provide for those busi- nesses and services serving a regional area which are to be located primarily along principal (major) arterial streets or the freeway, as classified in the Transportation Plan of the City of Laredo. It is in- tended for this zoning classification to exist primarily along principal arterial streets or the freeway and to impose site development regulations to ensure adequate access of all uses within this classifi- cation. Is this change contrary to the established land use pattern? No, the land use pattern is commercial with uses compatible with a B-4 zoning district. Would this change create an isolated zoning district unrelated to surrounding districts? No, there are B-4 districts to the north. Will change adversely influence living conditions in the neighborhood? No. Are there substantial reasons why the property can not be used in accordance with existing zon- ing? Yes, the existing zoning district only allows for agricultural uses. Page 2 of 2 ORDINANCE NO. 2006-0-1 67 AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 4.5 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A", LOCATED ON THE SOUTH SIDE OF BOB BULLOCK LOOP EAST OF INTERNATIONAL BOULEVARD, FROM AG (AGRICULTURAL DISTRICT) TO B-4 (HIGHWAY COMMERCIAL DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a zone change has been requested by the owners of 4.5 acres, as further described by metes and bounds in attached exhibit "A", located on the south side of Bob Bul- lock Loop east of International Boulevard, from AG (Agricultural District) to B-4 (Highway Commercial 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 July 6,2006, and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has rec- ommended approval of the proposed zone change; and, WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (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 17,2006, on the re- quest and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and, WHEREAS, the City Council does not consider the impact, if any, of private cove- nants and deed restrictions on the subject property with the adoption of this ordinance; and, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezon- ing 4.5 acres, as further described by metes and bounds in attached Exhibit "A", located on the south side of Bob Bullock Loop east of International Boulevard, from AG (Agricultural 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 ,2006. RAUL G. SALINAS MAYOR ATTEST: ) GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY I // BY: ANTHOMY C. MCGETTZCK ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION Date: I SUBJECT: FINAL READING OF ORDINANCE NO. 2006-0- 168 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 2.62 acres, as hrther 08/14/06 described by metes and bounds in attached Exhibit "A," located on the south side of Bob Bul- lock Loop east of International Boulevard, from AG (Agricultural District) to B-3 (Community Business District); providing for publication and effective date. ZC-68-2006 Initiated by: Staff source: San Isidro Southeast Loop, Ltd. Keith Selman, Planning Director Rafael Garcia, Assistant City Manager Prior action: This item was introduced by Gene Belmares at the City Council meeting of 7/17/06. BACKGROUND Council District: VI - Gene Belrnares Proposed use: Commercial Site: Vacant Warnings/Citations: None Surrounding land uses: To the north of the site is San Isidro Ready Mix Ltd. and vacant land. To the east and west of the site is vacant and undeveloped land. To the south of the site are single-family residences. Comprehensive Plan: The Future Land Use Map recognizes this area as RetailIOffice. Transportation Plan: The Long Range Thoroughfare Plan identifies Bob Bullock Loop as a Major Arterial and Truck Route. Letters sent to surrounding property owners: 2 In Favor: 1 Opposed: 0 STAFF COMMENTS The proposed zone change is appropriate at this location. The proposed district is compatible with the Comprehensive Plans designation as RetailIOffice. The proposed B-3 District conforms to the ap- proved master plan of the subdivision. Properties along Bob Bullock Loop are following a commercial trend of development. P&Z COMMISSION RECOMMENDATION: 1 STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recom- Staff supports the proposed zone change mended approval of the zone change. Page 1 of 2 COUNCIL COMMUNICATION IMPACT ANALYSIS B-3 (Community Business District): The purpose of the B-3 District is to provide for those busi- nesses and services serving a trade area larger than a neighborhood, but smaller than the entire city and located primarily along minor or principal arterial streets, as classified in the Transportation Plan of the City of Laredo. It is intended for this zoning classification to exist primarily abutting minor or principal arterial streets while preserving established residential neighborhoods along such streets. Is this change contrary to the established land use pattern? No, although this area is mostly undeveloped, Bob Bullock Loop is following a pattern of commercial development. Would this change create an isolated zoning district unrelated to surrounding districts? Yes, there are B-4 districts to the north of Bob Bullock Loop. Will change adversely influence living conditions in the neighborhood? No, the adjacent areas are currently undeveloped. Are there substantial reasons why the property can not be used in accord with existing zoning? Yes, the current zoning only allows for agricultural type uses. Page 2 of 2 ORDINANCE NO. 2006-0-168 AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 2.62 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A," LOCATED ON THE SOUTH SIDE OF BOB BULLOCK LOOP EAST OF INTERNATIONAL BOULEVARD, FROM AG (AGRICULTURAL DISTRICT) TO B-3 (COMMUNITY BUSINESS DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a zone change has been requested by the owners of 2.62 acres, as further described by metes and bounds in attached Exhibit "A", located on the south side of Bob Bul- lock Loop east of International Boulevard , from AG (Agricultural District) to B-3 (Cornrnu- nity 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 July 6,2006, and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has rec- j ornrnended 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 17,2006, on the re- quest and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and, WHEREAS, the City Council does not consider the impact, if any, of private cove- nants and deed restrictions on the subject property with the adoption of this ordinance; and, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezon- ing 2.62 acres, as further described by metes and bounds in attached Exhibit "A", located on the south side of Bob Bullock Loop east of International Boulevard , from AG (Agricultural 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 ,2006. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY f / f / ',e, i, / , ' y,JQ .'i? 1 '' Kd "A@@oNY C!. MCGETTRICK COUNCIL COMMUNICATION Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2006-0- 169 Amending ordinance No. 2002-0- 142 authorizing a Special Use Permit for mini stor- 08/14/06 agelwarehousing, on 2.78 acres, as further described by metes and bounds in attached Ex- hibit "A", located at 78 19 East Country Drive, by revising the site plan; providing for publi- cation and effective date. ZC-69-2006 Initiated by: Staff source: East Country Limited Keith Selman, Planning Director Rafael Garcia, Assistant City Manager Prior action: This item was introduced by Gene Belmares at the City Council meeting of 7/17/06. BACKGROUND Council District: VI - Gene Belmares Proposed use: Mini-storage/warehousing I Site: The site is vacant. I Surrounding land uses: The land surrounding the site to the north and east is vacant. East of the site are apartments and vacant land. South of the site is East Country Center that includes Toto Pets, Curves for Women, Liquados Lilly, Davier Unisex Salon, Ferrioni's Floor Gallery and Karate. Alexander High School is the south of Del Mar Boulevard. I Comprehensive Plan: The Future Land Use Map recognizes this area as RetailIOffice. I I Transportation Plan: The Long Range Thoroughfare Plan does not identifj East Country Drive . ) i Letters sent to surrounding property owners: 9 In Favor: 0 Opposed: 0 I STAFF COMMENTS I Staff supports the amendment of the Special Use Permit. The Comprehensive Plan recognizes this loca- tion as Retail/Office. A Special Use Permit is used for those types of uses that warrant individual atten- tion on a case by case basis and should not be categorized in a zoning district. A Special Use Permit is basically an overlay on top of the existing zoning designation and can be limited in many respects such as time, fencing, setbacks, landscaping, etc. Staff Comments Continued.. . P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 6 to 0 vote, recommended Staff supports the proposed Special Use ) approval of the Special Use Permit. Permit. Page 1 of 2 COUNCIL COMMUNICATION i , Staff recommends the following conditions: The facility's exterior lighting shall be low impact and directed towards the ground and away from any abutting residential zones or uses including multi-family dwellings. No less than 5% of the total area of the proposed tract for development shall be reserved for landscape purposes in addition to those provisions established in Section 24-83, "Trees and Shrubs," of the Laredo Land Development Code. Dumpsters, trash bins, or locations for refuse collection shall be permitted. Flammable, combustibles, corrosives, toxins, nuclear waste, hazardous waste water, or any material requiring placards for transport shall not be permitted. No permits for storage of any like materials is- sued by the Laredo Fire Department shall supersede this provision. The permit is issued to East Country Limited and is nontransferable. A seven (7)foot opaque fence shall be provided adjacent to residential zones/uses. The Special Use Permit is restricted to the site plan, exhibit "A," which is made a part hereof for all purposes. Parking must comply with all relevant provisions of the Laredo Land Development Code. Page 2 of 2 ORDINANCE NO. 2006-0-169 AMENDING ORDINANCE NO. 2002-0- 142 AUTHORIZING A SPECIAL USE PERMIT FOR MINI-STORAGEIWAREHOUSING ON 2.78 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A", LOCATED AT 7819 EAST COUNTRY DRIVE BY REVISING THE SITE PLAN; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a request has been received for the amendment of Ordinance No. 2002-0- 142 which authorized a Special Use Permit for mini-storage/warehousingon 2.78 acres, as fur- ther described by metes and bounds in attached Exhibit "A", located at 7819 East Country Drive; and, WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on July 6, 2006; and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has recom- mended approval of the amendment of a Special Use Pennit; 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 17,2006, on the re- quest and finds the amendment of a Special Use Permit appropriate and consistent with the General Plan of the City of Laredo; and, WHEREAS, all conditions imposed by the Special Use Permit, and all pertinent re- quirements the Laredo Land Development Code shall be met before the activity sanctioned by the Special Use Permit may commence; and, WHEREAS, the City Council does not consider the impact, if any, of private covenants and deed restrictions on the subject property with the adoption of this ordinance; and, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The Zoning Map of the City of Laredo be and is hereby amended by author- izing the amendment of Ordinance No. 2002-0-142 authorizing a Special Use Permit for mini- storagelwarehousing on 2.78 acres, as further described by metes and bounds in attached Ex- hibit "A, located at 7819 East Country Drive. Section 2: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo. Section 3: The Special Use Permit is further restricted to the following provision here- 1 with adopted by the City Council: The facility's exterior lighting shall be low impact and directed towards the ground and away from any abutting residential zones or uses including multi-family dwellings. No less than 5% of the total area of the proposed tract for development shall be reserved for landscape purposes in addition to those provisions established in Section 24-83, "Trees and Shrubs," of the Laredo Land Development Code. Dumpsters, trash bins, or locations for refuse collection shall be permitted. Flammable, combustibles, corrosives, toxins, nuclear waste, hazardous waste water, or any material requiring placards for transport shall not be permitted. No permits for stor- age of any like materials issued by the Laredo Fire Department shall supersede this provi- sion. The permit is issued to East Country Limited and is nontransferable. A seven (7) foot opaque fence shall be provided adjacent to residential zones/uses. The Special Use Permit is restricted to the site plan, exhibit "A," which is made a part hereof for all purposes. Parking must comply with all relevant provisions of the Laredo Land Development Code. Section 4: This ordinance shall become effective as and from the date of publication specified in Section 2. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY ( ASSISTANT ~ITYATTORNEY COUNCIL COMMUNICATION Date: SUBJECT: FINAL READING OF ORDINANCE NO. 2006-0-1 70 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 1, Block 1, 08/14/06 Country Club Estates Subdivision, located at 391 1 Casa Blanca Road, from R-1 (Single Family Residential District) to R-2 (Multi-Family Residential District); providing for publica tion and effective date. ZC-59-2006 Initiated by: Staff source: Pivotal Development, L.C. Keith Selman, Planning Director Rafael Garcia, Assistant City Manager Prior action: This item was introduced by Johnny Rendon at the City Council meeting of 7/17/06. BACKGROUND Council District: V- Johnny Rendon Proposed use: Multi-family Residential. Site: The site is currently vacant. Surrounding land uses: West of the site are a vacant lot, a single family residence, Lakeside apart- ments, Christ Worship Center, Paul Young Hyundai Dealer, and the Texas Department of Human Ser- vices. To the south of the site are single-family residences, townhouses, duplexes and vacant lots. To the north are the airport and Casa Blanca Golf Course. To the east of the site are single-family resi- dences, Salon del Reino de Los Testigos de Jehova and vacant land. Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential. Transportation Plan: The Long Range Thoroughfare Plan does not identify Casa Blanca Lake Road. Letters sent to surrounding property owners: 38 In Favor: 0 Opposed: 1 STAFF COMMENTS The proposed zone change is inappropriate at this location. The intended R-2 designation is not con- sistent with the Comprehensive Plan's designation for this area as Low Density Residential. The proposed R-2 district would increase the number of residential units within the airport noise contour. P&Z COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: The P & Z Commission, in a 5 to 1 vote, recommended Staff does not support the proposed zone denial of the zone change. change. Page 1 of 2 COUNCIL COMMUNICATION IMPACT ANALYSIS R-2 (Multi-Family Residential District): The purpose of the R-IA District is to provide for residen- tial uses and those public uses normally considered an integral part of the residential neighborhood 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 pattern is mixed with single-family residences, church, vacant lots, the golf course, commercial uses and apartments. Would this change create an isolated zoning district unrelated to surrounding districts? Yes, the surrounding districts are R-1, AG and B-3. Will change adversely influence living conditions in the neighborhood? The change will increase the density of dwelling units in the area. Are there substantial reasons why the property can not be used in accord with existing zoning? Yes, the current zoning only allows for single-family residences. Page 2 of 2 CITY OF LAREDO ORDINANCE NO. 2006-0-170 AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING LOT 1, BLOCK 1, COUNTRY CLUB ESTATES SUBDIVISION, LOCATED AT 391 1 CASA BLANCA ROAD, FROM R-1 (SINGLE FAMILY RESIDENTIAL DISTRICT) TO R-2 (MULTI-FAMILY RESIDENTIAL DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, a zone change has been requested by the owners of Lot 1, Block 1, Coun- try Club Estates Subdivision, located at 39 1 1 Casa Blanca Road, from R- 1 (Single-Family Residential District) to R-2 (Multi-Family Residential District); and, WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on July 6,2006, and, WHEREAS, the Planning and Zoning Commission, after a public hearing, has rec- ommended denial of the proposed zone change; and, WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (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 17,2006, on the re- quest and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and, WHEREAS, the City Council does not consider the impact, if any, of private cove- nants and deed restrictions on the subject property with the adoption of this ordinance; and, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The Zoning Map of the City of Laredo be and is hereby amended by rezon- ing Lot 1, Block 1, Country Club Estates Subdivision, located at 391 1 Casa Blanca Road, from R-1 (Single-Family Residential District) to R-2 (Multi-Family Residential 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 ,2006. RAUL G. SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. 1 CITY SECRETARY APPROVED AS TO FORM: JAIME FLORES CITY ATTORNEY ;r ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: FINAL READING OF ORDINANCE NO. 2006-0- 17 1 Amending the Land Development Code, as follows: Section 24-92.4 (Procedures - 08/14/06 Notices, Hearing, Recommendation of Planning and Zoning Commission and action of City Council) Paragraph (4), to reconcile the 200 foot notification requirement to surrounding property owners in accordance with state law; providing for publication and effective date. INITIATED BY: STAFF SOURCE: Staff Keith Selman, Planning & Zoning Director Rafael Garcia, Assistant City Manager a PREVIOUS COUNCIL ACTION: This item was introduced by City Council at the City Council meeting of 7/17/06. BACKGROUND: Council District: All STAFF COMMENTS: WHEREAS, our current regulation in the Land Development Code of notification requirements to property owners for a zone change request conflicts with the governing state statute setting forth the 200 foot notification requirement, and the said statute is SECTION 2 11.006 of the Local Government Code; and WHEREAS, the failure to bring it into conformity with the governing state statute, leads our current notification requirement susceptible to a contention of its legitamacy; WHEREAS, in doing so it will be appropriate to amend the way in which the two hundred (200) foot notification requirement is measured. P&Z COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: The P&Z Commission in a unanimous vote, Staff supports the proposed amendment. recommended approval of the proposed amendment. ORDINANCE NO. 2006-0-1 7 1 AMENDING THE LAND DEVELOPMENT CODE, AS FOLLOWS: SECTION 24- 92.4 (PROCEDURES - NOTICES, HEARING, RECOMMENDATION OF PLANNING AND ZONING COMMISSION AND ACTION OF CITY COUNCIL) PARAGRAPH (4), TO RECONCILE THE 200 FOOT NOTIFICATION REQUIREMENT TO SURROUNDING PROPERTY OWNERS IN ACCORDANCE WITH STATE LAW; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, our current regulation in the Land Development Code of notification requirements to property owners for a zone change request conflicts with the governing state statute setting forth the 200 foot notification requirement, and the said statute is SECTION 21 1.006 of the Local Government Code; and WHEREAS, the failure to bring it into conformity with the governing state statute, leads our current notification requirement susceptible to a contention of its legitamacy; WHEREAS, in doing so it will be appropriate to amend the way in which the two hundred (200) foot notification requirement is measured. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: SECTION 1: Section 24-92.4 Procedures - Notices, Hearing, Recommendation of Planning and Zoning Commission and Action of City Council. 1. The Planning and Zoning Commission shall hold a public hearing before submitting its report to the Council, which shall not act upon a zone change prior to receiving a report from the Commission. Written notice of all public hearings on proposed changes in classification shall be sent to all owners of property, or to the person rendering the property for city taxes, affected by such proposed changes or classification and to all owners of property, or to the person rendering the property for taxes, located within two hundred (200) feet of any property affected thereby within not less than ten (1 0) days before any such hearing is held. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States mail. 2. A public hearing shall be held by the Commission before recommending any proposed amendment, supplement or change. Notice of such hearing shall be given by publication once in the daily city newspaper stating the time and place of such hearing, which shall not be less than 15 days from the first date of publication. 3. If a petition for an amendment to this ordinance is filed by private property owners, and if the Commission votes a denial of the petition, then the owners have the right of appeal to the City Council. The owners shall file in writing a request for appeal to the City Council with the City Planning Department, within thirty (30) days of the Commission's decision. Written notice of an appeal to City Council of an unfavorable recommendation by the Planning and Zoning Commission on proposed changes in classification shall be sent to all owners of property, or to the person rendering the property for city taxes, affected by such proposed changes or classification and to all owners of property, or to the person rendering the property for taxes, located within two hundred (200) feet of any property affected thereby within not less than ten (10) days before any such appeal is held. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States mail. 4. If such proposed amendment, supplement or change has been recommended for denial by the Planning and Zoning Commission or if a protest against such amendment, supplement or change has been filed with the City Secretary, duly signed and acknowledged by the owners of twenty (20%) percent or moreof those property owners i~oticedin accordance with paragra13hs 1 and 3 al,ovc, khd.7 (2(* \such . . amendment supplement or change shall not become effective except by a three fourths vote of the full City Council. (Reinstated 5/5/86) SECTION 2: This ordinance shall take effect as and from the date of passage. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006 RAUL G. SALINAS MAYOR ATTEST ,? GUSTAVO GUEVARA, JR. CITY SECRETARY Assistant City Attorney COUNCIL COMMUNICATION DATE: SUBJECT: FINAL READING OF ORDINANCE NO. 2006-0-172 I August 14, 2006 Authorizing the City Manager to accept $51,000 in contributions for the 2006 Washington trip and amend the City of Laredo FY 2006 Convention and Visitors Bureau annual budget as follows: Increase revenue appropriations in the amount of $1 1,000 (excess of original budget) and expenditures in the amount of $31,002 ($1 1,000 from contributions and $20,002 from designated fund balance). 1 INITIATED BY: I STAFF SOURCE: Horacio De Leon Patricia L. Taylor Assistant City Manager LCVB Director I PREVIOUS COUNCIL ACTION: On July 17, 2006, a Public Hearing was held during a City Council meeting. City Council instructed staff to proceed with the Final Reading. BACKGROUND: The City of Laredo received sponsorships from the private sector for expenses related to a delegation that traveled to Washington D.C. in order to expedite grant funding and other issues , for the City of Laredo. These corporate sponsorships were in the form of monetary contributions and were designated for the 2006 Washington Trip. Also, un-expensed funds from the 2005 Washington trip were reserved for 2006 Washington trip expenditures. A detailed list of contributors per contribution is included as Attachment A. FINANCIAL IMPACT: Amended Revenues: Budqet Amendment Budqet Special Events: 250.0000.357.2522 40,000 11,000 51,000 Expenses: washington Trip: 250.5315.553.6303 I STAFF RECOMMENDATION: I 1 Staff recommends that City Council introduce this ordinance. FINAL READING OF ORDINANCE NO. 2006-0-172 Authorizing the City Manager to accept $51,000 in contributions for the 2006 Washington trip and amend the City of Laredo FY 2006 Convention and Visitors Bureau annual budget as follows: Increase revenue appropriations in the amount of $11,000 (excess of original budget) and expenditures in the amount of $31,002 ($11,000 from contributions and $20,002 from designated fund balance). WHEREAS, on September 6,2005 City Council adopted the fiscal year 2006 annual budget; WHEREAS, the 2006 Washington Trip took place March 12-16; WHEREAS, various private sector firms made donations in the form of monetary contributions for the Washington Trip; WHEREAS, a 2005 Revenue Fund balance was placed in reserve; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: 1. The City Manager is hereby authorized to accept the $5 1,000 in contributions. 2. The City of Laredo FY 2006 Convention & Visitors Bureau Annual Budget is amended as follows: FINANCIAL: Budget Amendment Amended Budget Amended Revenues: Budqet Amendment Budqet Special Events: 250.0000.357.2522 40,000 11,000 51,000 Expenses: Washington Trip: 250.5315.553.6303 40,000 31,002 71,002 3. Revenue Line item 250.0000.357.2522 total receipts is hereby increased by $1 1,000 fiom $40,000 to $5 1,000. 4. Expenditure Line Item 250.53 15.553.6303 is hereby increased by $3 1,002 fiom $40,000 to $71,002. ORDINANCE NO. Authorizing the City Manager to accept $51,000 in contributions for the 2006 Washington I trip and amend the City of Laredo FY 2006 Convention and Visitors Bureau annual budget as follows: Increase revenue appropriations in the amount of $11,000 (excess of original budget) and expenditures in the amount of $31,002 ($11,000 from contributions and $20,002 from designated fund balance). WHEREAS, on September 6,2005 City Council adopted the fiscal year 2006 annual budget; WHEREAS, the 2006 Washington Trip took place March 12-16; WHEREAS, various private sector firms made donations in the form of monetary contributions for the Washington Trip; WHEREAS, an 2005 Revenue Fund balance was placed in reserve; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TFIE CITY OF LAREDO THAT: 1. The City Manager is hereby authorized to accept the $51,000 in contributions. 2. The City of Laredo FY 2006 Convention & Visitors Bureau Annual Budget is amended as follows: r 'FINANCIAL: Budget Amendment Amended Badget Amended Revenues: Budget Amendment Budget Special Events: 250.0000.357.2522 40,000 11,000 51,000 Expenses: Washington Trip: 250.5315.553.6303 3. Revenue Line item 250.0000.357.2522 total receipts is hereby increased by $1 1,000 from $40,000 to $5 1,000. 4. Expenditure Line Item 250.53 15.553.6303 is hereby increased by $3 1,002 from $40,000 to $71,002. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006 RAUL SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY APPROVED AS TO FORM: JAIME L. FLORES CITY ATTORNEY BY: ELISSA SALDA~A ASSISTANT CITY ATTORNEY COUNCIL COMMUNICATION DATE: SUBJECT: Final Reading 1 Ordinance # 2006-0- 173 The City Manager is hereby authorized to accept monetary reimbursement from the State of Texas, Attorney Generals Office for partial expenses incurred by the City of Laredo Police Department in order to process evidence involving sexual assault victims and that the City of Laredo's FY 2005-06 budget is hereby amended by increasing revenues and expenditures in the amount of $25,000. Funding will be used to partially pay for the examination for sexually assaulted victims. The City of Laredo will receive approximately $25,000 annually. I INITIATED BY: STAFF SOURCE: Cynthia Collazo Agustin Dovalina,III Deputy City Manager Chief of Police I PREVIOUS COUNCIL ACTION: None ACTION PROPOSED: I That City Council approve this Public Hearing / Introductory Ordinance. I BACKGROUND: The Code of Criminal Procedures, Art. 56.07, letter c allows local law enforcement agencies to submit an application to the Attorney Generals Office for the reimbursement of the examinations performed on victims that were sexually assaulted. The reimbursement must at a reasonable cost and must be performed by a physician or by a sexual assault examiner. FINANCIAL: Original Proposed Budget Budget Budget Amendment Revenues TXAG - $25,000 $25,000 Expenditures Reimbursement - Other $17,487 (1 01-0000-373-2050) RECOMMENDATION: STAFF: Recommends the approval of this Ordinance. ORDINANCE # 2006-0-173 ORDINANCE # 2006-0-173 The City Manager is hereby authorized to accept monetary reimbursement from the State of Texas, Attorney Generals Office for partial expenses incurred by the City of Laredo Police Department in order to process evidence involving sexual assault victims and that the City of Laredo's FY 2005-06 budget is hereby amended by increasing revenues and expenditures in the amount of $25,000. Funding will be used to partially pay for the examination for sexually assaulted victims. The City of Laredo will receive approximately $25,000 annually. Whereas, the State of Texas, Attorney Generals Office will reimburse the City of Laredo reasonable monetary compensation for expenses incurred by the City of Laredo Police Department for victims that were sexually assaulted and that were provided with an examination by a physician or by a sexual assault examiner, and Whereas, the Attorney General's Office will reimburse the City of Laredo Police Department approximately $25,000 annually, and Whereas, the City of Laredo Police Department recommends the approval of this reimbursement program, and ) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: The City Manager is hereby authorized to accept monetary reimbursement from the State of Texas, Attorney Generals Office for partial expenses incurred by the City of Laredo Police Department in order to process evidence involving sexual assault cases, and that the City of Laredo's FY 2005-06 Annual Budget is hereby amended in the amount of $25,000. Funding will be used to partially pay for the examination of sexually assaulted victims. The City of Laredo will receive approximately $25,000 annually. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006. RAUL SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY COUNCIL COMMUNICATION DATE: SUBJECT: Final Reading of Ordinance 2006-0-174 August 14,2006 Accepting a grant in the amount of $10,000 from the Texas Department of Transportation for enforcement of lmpaired Driver Mobilization during the Labor Day Holiday Crackdown and amending the City of Laredo's' FY 05-06 Annual Budget in the amount of $10,000. This grant is for overtime salaries, including fringe benefits, and is funded 100% by the Texas Department of Transportation. INITIATED BY: STAFF SOURCE: Larry Dovalina Agustin Dovalina, Ill. City Manager Chief of Police PREVIOUS COUNCIL ACTION: None. ACTION PROPOSED: That this Ordinance be passed and approved. The Texas Department of Transportation has made a grant entitled Labor Day lmpaired Driver Mobilization Campaign available to the Laredo Police Department. The grant will pay for overtime salaries and fringe benefits for police officers for the enforcement and deterrence of Labor Day Holiday Click or Ticket Campaign. Public information materials will also be available under this grant. Original Proposed Budget Budget Budget Amendment Revenues: TxDoTlLabor Day Total Revenues - Ex~enses: Overtime 7,913 7,913 Fringe Benefits 2,087 2,087 Total Expenses 10,000 10,000 ORDINANCE 2006-0-174 Accepting a grant in the amount of $10,000 from the Texas Department of Transportation for enforcement of Impaired Driver Mobilization during the Labor Day Holiday Crackdown amending the City of Laredo's' FY 05-06 Annual Budget in the amount of $10,000. This grant is for overtime salaries, including fringe benefits and is funded 100% by the Texas Department of Transportation. Whereas, there is available to the City of Laredo a grant entitled Labor Day Holiday Impaired Driver Mobilization Enforcement Effort from the Texas Department of Transportation for a program which would pay for overtime salaries for off duty police officers for the enforcement of Driving While Impaired law during August 18,2006 - September 04, 2006; and Whereas, the Police Chief Recommends that the Council authorize acceptance of a grant for such a program in the amount of $10,000 for fiscal year 200512006; and Whereas, the City Council finds that such acceptance should be made and will be beneficial to the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: Accepting a grant from the Texas Department of Transportation in the amount of $10,000 for the enforcement of the Impaired Driver law and maintain an Enforcement Effort from August 18,2006 through September 04,2006 i Section 2: It authorizes the City Manager to execute all necessary documents to achieve said grant and to effectuate its terms. Section 3: Financial - The fiscal year 2005 I2006 budget is hereby amended as follows: Original Proposed Budget Budget Budget Amendment Revenues: TxDoTlLabor Day 10,000 10,000 Total Revenues 10,000 10,000 Expenses: Overtime Fringe Benefits - Total Expenses I PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006. Raul G. Salinas MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY COUNCIL COMMUNICATION DATE: SUBJECT: Final Reading / Ordinance #2006-0-175 Amending the City of Laredo 2005-2006 Annual Budget in the amount of $624,763.00 to fund the Laredo Autotheft Task Force and accepting an award in the amount of $346,000.00 from the Texas Automobile Theft Prevention Authority. The City of Laredo will be designating $245,839.00 in matching funds, and Webb County will be designating $32,924.00 in matching funds for a total of $624,763.00. This grant is effective from September 1,2006 through August 3 1,2007. I INITIATED BY: STAFF SOURCE: Cynthia Collazo Agustin Dovalina, I11 Assistant City Manager Chief of Police PREVIOUS COUNCIL ACTION: I City Council approved submission of the ATPA grant application (Reference Resolution 2006-R-034) rACTION PROPOSED: I That this Ordinance be passed and approved. I BACKGROUND: The Texas Autotheft Prevention Authority is a branch of the Texas Department of Transportation and is the lead agency in the State of Texas in the effort to combat autotheft. The Laredo Autotheft Task Force grant pays salaries, hnge benefits, equipment and supplies for one LPD Sergeant, four LPD Investigators, and one Webb County Sheriffs Investigator. This grant will be in its 14" year of funding. FINANCIAL: The Texas Automobile Theft Prevention Authority will be designating $346,000.00, the City of Laredo will be designating $245,839.00 in matching funds, and Webb County will be designating $32,924.00 in matching funds for a total of $624,763.00. I STAFF: Recommends that City Council pass and approve this Ordinance. Ordinance #2006-0-175 Ordinance #2006-0-175 Amending the City of Laredo 2005-2006 Annual Budget in the amount of $624,763.00 to fund the Laredo Autotheft Task Force and accepting an award in the amount of $346,000.00 from the Texas Automobile Theft Prevention Authority. The City of Laredo will be designating $245,839.00 in matching funds, and Webb County will be designating $32,924.00 in matching funds for a total of $624,763.00, This grant is effective from September 1,2006 through August 31,2007. - Whereas, the Texas Automobile Theft Prevention Authority will support this grant for a fourteenth year as project goals have been accomplished; and Whereas, the Laredo Police Department will provide one LPD Sergeant and four LPD Investigators while the Webb County Sheriffs Office will provide one Investigator; and Whereas, the City Council has authorized the City Manager to apply for, alter, accept, reject, or terminate the grant; and Whereas, the City of Laredo has agreed that in the event of loss or misuse of the A.T.P.A. funds, the City of Laredo assures that the funds will be returned to the Automobile Theft Prevention Authority; and 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: Section 1: Authorizing the amending of the City of Laredo FY 2005-2006 Annual Budget in the amount of $624,763.00 to fund the Laredo Auto Theft Task Force. The Texas Automobile Theft Prevention Authority will be awarding $346,000.00, the City of Laredo will be designating $245,839.00 in matching funds and Webb County will be designating $32,924.00 in matching funds for a total of $624,763.00 for a one year funding period beginning on September 1,2006 through August 3 1,2007. Section 2: The City Manager is authorized to transfer one LPD Sergeant and four LPD Investigators (as per 06-07 grant award) on September 1,2006 from the 2005-2006 account number (222-2354) to the 2006-2007 account number (222-2395) as assigned by Financial Services to the Laredo Auto Theft Task Force Grant. Section 3: The City Manager is authorized to execute all necessary documents to receive said grant and to effectuate its tenns. 5 PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006. RAUL SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. CITY SECRETARY n f-', COUNCIL COMMUNICATION I 'DATE: I SUBJECT: FINAL READING 2006-0-1 76 AMENDING THE CITY OF LAREDO CODE OF ORDINANCES CHAPTER 2-ADMINISTRATION, ARTICLE II-DEPARTMENTS, OFFICERS AND EMPLOYEES, DIVISION 6-PAY ADMINISTRATION, SECTION 2-87.7-POLICY, SUBPARAGRAPH (9); PROVIDING FOR SEVERABlLlW AND EFFECTIVE DATE. I INITIATED BY: STAFF SOURCE: Cynthia Collazo, Deputy City Manager Daniel E. Migura, Jr., Human Resources Director Larry Dovalina, City Manager Valeria M. Acevedo, Asst. City Attorney I PREVIOUS COUNCIL ACTION: None. BACKGROUND: At the regular city council meeting on June 5, 2006, the City Council instructed the city manager to amend the existing policy that addresses the temporary filling of positions by qualified regular employees and the corresponding pay. The amendment will also specify the minimum requirements the temporary replacement must meet. FINANCIAL IMPACT: COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That City Council introduce this ordinance as presented. ORDINANCE NO. 2006-0-176 AMENDING THE CITY OF LAREDO CODE OF ORDINANCES CHAPTER 2- ADMINISTRATION, ARTICLE 11-DEPARTMENTS, OFFICERS AND EMPLOYEES, DIVISION 6-PAY ADMINISTRATION, SECTION 2-87.7- POLICY, SUBPARAGRAPH (9); PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. Whereas, the City Council has instructed the city manager to amend the existing policy that addresses the temporary filling of positions by regular employees and the corresponding pay; and Whereas, City Council finds that the position of Department Director needs to be temporarily filled with a qualified replacement until the position is filled or the Department Director returns; Whereas, the ordinance does not have specific language addressing the qualifications needed to temporarily fill a Director position while the position is temporarily unoccupied; NOW, THEREFORE, BE IT ORDAINED THAT THE CITY COUNCIL OF THE CITY OF LAREDO, TX, THAT: Section 1. Amendment. Section 2-87.7 paragraph number (9) be amended to read as follows: Sec. 2-87.7. Policy. (a) All covered employees will be paid in accordance with the city's wage schedule, attached to this , ordinance as Exhibit I, which is incorporated herein by reference. ) (b) .All . budgeted positions will be classified by the city manager with the assistance of the human resources director by use of the classification specifications adopted by the city council in the budget ordinance for fiscal year 199111992 and as such may be amended by the city council hereafter) and each position shall be assigned a grade within the city's wage schedule referred to in (a) above. (c) There is set forth herein the procedure by which pay increases within each pay grade shall be achieved. The procedure is as follows: (1) "New hires" (those individuals employed from and after the effective date of this division) regardless of the rate of pay at which they are hired, may be advanced to a higher rate of pay subject to the increased amount determined by their performance evaluation score if a. They satisfactorily complete the twelve-month orientation period; b. Receive a "satisfactory" or better performance appraisal; and c. Are recommended by their department director. A completed, satisfactory or better performance appraisal will accompany all requests for "new hire" rate of pay increases. A "satisfactory performance appraisal" is defined as achieving at least a three and zero tenths (3.0) evaluation for the twelve-month period. (2) All other employees who have completed a twelve-month orientation period and have received a satisfactory or better performance appraisal, and have been recommended by their department director, will be eligible for an increased rate of pay determined by their annual performance evaluation score. A completed satisfactory performance appraisal will accompany requests for pay increases. (3) Merit pay increases are contingent upon meeting the following criteria: a. If employee attains an annual performance evaluation score of 2.9 or less no pay increase will be recommended nor approved. b. Employee must attain an annual performance evaluation score of 3.0 to 3.49 to be eligible to receive a one (1) percent pay increase. c. Employee must attain an annual performance evaluation score of 3.5 to 3.99 to be eligible to receive a two (2) percent pay increase. d. Employee must attain an annual performance evaluation score of 4.0 to 4.49 to be eligible to receive a three (3) percent pay increase. e. Employee must attain a annual performance evaluation score of 4.5 to 5.0 to receive a four (4) percent pay increase. (4) All employees must maintain "satisfactory" performance during each performance appraisal period for the rate of pay attained or the employee may be excepted from being considered for a merit increase. Sustained substandard performance may lead to probation, a demotion with rate of pay reduction or termination, as appropriate. (5) The time in position and within a specified rate of pay enumerated in subsections (3) a., b., c., d., and e. above represent minimum requirements necessary for any employee to be eligible to receive a merit increase and advance in the pay grade. The employee must also be recommended by their department director for advancement to the next rate of pay of any pay grade. A percentage or predetermined number of the total employees eligible for a rate of pay increase may receive an advancement and a merit increase, depending upon available funding. Only those employees who are both eligible and recommended for a rate of pay increase as attested to by their performance appraisals and department director's recommendations will be considered for a merit increase by the city manager. (6) For those employees who are promoted from one (1) positionlpay grade to another, compensation in the new positionlpay grade will normally be at the minimum rate of pay in the new pay grade or at that rate of pay in the new pay grade which will provide at least a five (5) percent pay increase, whichever is greater. However, in those cases where the position has been designated as "critically skilled" and/or the employee's experience, education, training and performance appraisal merit such action, the city manager may, on a case-by-case basis, promote an employee to any rate of pay within a pay grade provided that the city council be notified of any assignment above the midpoint. (7) Those employees laterally transferred (within the same pay grade) from one position to another shall complete a twelve-month orientation period but will not receive a pay increase either initially or at the end of their twelve-month orientation period. They will become eligible for a pay increase according to their time in grade and the requirements for the next rate level. (8) All vacant positions and/or those positions requiring the promotion of the regular employees will be competitively advertised for at least five (5) working days prior to filling the position and closing the advertising. Employees seeking promotion and/or lateral transfer must apply for the vacant position. The city manager shall have the authority to transfer an employee on an involuntary basis, if it is considered to be in the best interest of the city. (9) a. Salary Increase. Those employees that temporarily fill a position of increased responsibility (at a higher pay grade) for thirty (30) days or more will be compensated at the higher rate of pay until such time as they cease performing the duties of increased responsibility; the increase in salary shall commence on the thirty-first day in the position, and shall be retroactive to the first day in the higher pay grade. Positions will not be filled on a temporary basis by regular employees for periods of one hundred eighty (1 80) days or more; in such cases when the position is projected to be vacant in excess of one hundred eighty (180) days, the position must be competitively advertised upon reaching the one hundred fiftieth day of vacancy. b. Department Director positions. When filling a director's position on a temporary basis, the individual serving in a temporary capacity. regardless of brevity of time or title given if any (i.e. interim, acting, or otherwise), must meet the minimum requirements for the position being filled. In the event the city manager decides there is no one on staff 1 qualified to serve because no one meets the minimum qualifications for that position being filled, then the city manager may designate either the deputy city manager or an assistant city manager to temporarily assume the responsibilities of the vacant position, until such time as it is permanently filled. Except as provided in section 11 of this ordinance, the city manaper may not fill the temporary vacancy in contravention with this ordinance. (1 0) New hires will normally start at the minimum rate of pay in the respective pay grade. However, the city manager may on a case-by-case basis, hire at any rate of pay, within a pay grade in those cases where the position has been designated as "critically skilled" and/or the applicant's experience, training and/or education merit such action. Critically skilled positions are those positions which are abnormally difficult to fill due to market aberrations, highly technical and/or specialized requirements. The city manager will notify council of any new hires above the midpoint. (1 1) The city manager shall be authorized to create and fill a temporary position during an emergency or critical situation, provided that there is a position vacancy or that funding is available within the requesting department's budget. The temporary position created under this provision shall terminate within one hundred eighty (1 80) days of being filled, unless extended by council action. The city manager shall inform the council of any temporary positions that are created. (12) Effective September 28, 2003, the city's wage schedule shall be amended as follows: a. All rates of pay in all grades in the wage schedule will be increased by a cost-of- living increase of one and six-tenths (1.6) percent effective September 28,2003 (see Exhibit 1, incorporated herein by reference); b. The maximum rate of pay in each pay grade will be increased by four (4) percent effective October 3, 1999, (see Exhibit 1, incorporated herein by reference); c. Henceforth, the city's wage schedule will consist of a rate range with a minimum, midpoint and maximum rate of pay. Section 2: Severability Clause. If any provisions, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, invalid or for any reason unenforceable, the validity of the remaining portion of this ordinance or its application to the 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 unconstitutionally, voidness or invalidity, and all provisions are declared severable for that purpose. Section 3: Effective Date. This ordinance shall become effective upon its passage. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS DAY OF ,2006. RAUL SALINAS MAYOR ATTEST: Gustavo Guevara, Jr. City Secretary APPROVED AS TO FORM: Jaime L. Flores City Attorney BY: d Valeria M. Acevedo Assistant City Attorney COUNCIL COMMUNICATION DATE: I SUBJECT: Resolution No. 2006-R-076 Authorizing the City Manager to enter into and execute an interlocal government agreement between the City of Laredo and United Independent 08 / 14 / 2006 School District for the participation of the City of Laredo Police Department in the School Resource Officer Program. The Laredo Police Department will provide ten (10) officers that will be assigned to various middle and high schools for the 2006-2007 school vear. INITIATED BY: STAFF SOURCE: Cynthia Collazo Agustin Dovalina,III ~&ut~City Manager chief of police PREVIOUS COUNCIL ACTION: ACTION PROPOSED: Council approval of participation by the City of Laredo Police Department in the United Independent School District School Resource Officer Program for the 2006-2007 school year. BACKGROUND: The United Independent School District School Resource Officer Program for the 2006-2007 school year will provide for the assignment of law enforcement officers to designated middle and high schools. The School Resource Office Program will commence on August 15,2006 and will terminate on May 3 1, 2007. School Resource Officers will include uniformed police officers that will provide law enforcement services at the designated schools. They will be assigned on a full time basis. The City of Laredo Police Department will provide ten (10) police officers for participation in the program. Besides providing law enforcement service, the School Resource Officer Program will provide increased police visibility, create an opportunity for the administration, staff and students to interact with the police officers and foster stronger bonds with law enforcement. FINANCIAL: The United Independent School District, through the School Resource Officer Program will only compensate the City of Laredo for overtime expenses and benefits during the 2006-2007 school year. / RECOMMENDATION: STAFF: Recommends approval of this resolution. RESOLUTION # 2006-R-076 Authorizing the City Manager to enter into and execute an interlocal government agreement between the City of Laredo and United Independent School District for the participation of the City of Laredo Police Department in the School Resource Officer Program. The Laredo Police Department will provide ten (10) officers that will be assigned to various middle and high schools for the 2006-2007 school year. Whereas, the City of Laredo (City), is a municipal corporation chartered under the laws of the state; and Whereas, United Independent School District (U.I.S.D), is a political subdivision of the State of Texas; and Whereas, U.I.S.D. seeks the participation of the City of Laredo Police Department to provide ten (10) police officers for assignment to the middle and high schools as part of the School Resource Officer Program for the 2006-2007 school year; and Whereas, the United Independent School District, through the School Resource Officer Program will only compensate the City of Laredo for overtime expenses and benefits during the 2006-2007 school year. Whereas, this agreement is authorized by the Interlocal Cooperation Act, Chapter 79 1, i Texas Government Code; and Whereas, this agreement provides for the terms and conditions applicable for the provision of participation of ten (10) police officers of the City of Laredo Police Department in the School Resource Officer Program for the 2006-2007 school year commencing on August 14, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT: SECTION 1: The City Manager be authorized to enter into and execute an interlocal government agreement between the City of Laredo and United Independent School District for the participation of the City of Laredo Police Department School Resource Officer Program. United Independent School District will reimburse the City of Laredo for all overtime expenses including fringe benefits for the 2006-2007 school year. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2006. 11 RAUL SALINAS MAYOR ATTEST: GUSTAVO GUEVARA, JR. Council Communication DATE: SUBJECT: RESOLUTION 2006-R-078 8- 14-2006 Authorizing the City Manager to execute an Interlocal Agreement between the City of Encinal and the City of Laredo for the collection of Landfill Fees for Disposal of Garbage at the City's landfill site at a reduce rate of thirty ($30.00) dollars per ton by the City of Encinal on a daily basis for a one and one-half year term, effective August 2, 2006. INITIATED BY: STAFF SOURCE: Larry Dovalina Oscar J. Medina City Manager Director of Solid Waste Dept. PREVIOUS COUNCIL ACTION: On 09/02/97, Council instructed staff to add incorporated cities within Webb County to the introductory or- dinance at a rate of $30.00 per ton plus any Federal and/or State mandated fees. On 12/08/03, Council approved an interlocal agreement with Jim Hogg County for the collection of Landfill Fees for Disposal of Garbage at the City's landfill site at a rate of $30.00 per ton plus any Federal and/or State mandated fees. On 03/29/04, Council approved an interlocal agreement with Zapata County for the collection of Landfill Fees for Disposal of Garbage at the City's landfill site at a rate of $30.00 per ton plus any Federal and/or State mandated fees. On 10- 17-05, Council approved an Interlocal agreement with City of Encinal for term of one (1) year com- mencing from August 2,2005 through August 2,2006 ------ACTION PROPOSED: That Council accept the Interlocal Agreement for the disposal of garbage at the City's landfill site by the City of Encinal BACKGROUND: On August 2,2004 the City of Encinal approached the City of Laredo and informed them that they were in dire need of landfill services for their City's garbage collection system and that they would like to use the services of our landfill. They informed the city that they were willing to pay $30.00 per ton. On that same day, the Solid Waste Director received authorization from the City Manager to allow the City of Encinal to use the City of Laredo Landfill since it affected the health, safety, and welfare of its citizens. It was until now that the Solid Waste Director realized that even though Encinal is an incorporated city, it is outside the County of Webb therefore an interlocal agreement would be necessary. The item has then been placed on this agenda for ratification with the $30.00 per ton rate. The term of this contract is for one and half (1 112) years commencing from August 2,2006 through De- cember 3 1,2007. FINANCIAL IMPACT: Acct. No. 556-0000-334-3020 - Landfill Collection This item would increase landfill revenues by approximately $10,000. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: None Approval 1 RESOLUTION 2005-R-078 Authorizing the City Manager to execute an Interlocal Agreement between the City of Encinal and the City of Laredo for the collection of Landfill Fees for Disposal of Garbage at the City's landfill site at a reduce rate of thirty ($30.00) dollars per ton by the City of Encinal on a daily basis for a one and one-half year term, effective August 2,2006. WHEREAS, the City of Laredo ("Laredo"), is a municipal corporation chartered under the laws of the State of Texas, with its principal place of business located at 11 10 Houston Street, Laredo, Texas; and WHEREAS, the City of Encinal, is a subdivision of the State of Texas, with its principal place of business located at 107 N. Tejas Ave. Encinal, Texas; and WHEREAS, the City of Encinal seeks landfill services in order to operate and manage their own refuse collection system; and WHEREAS, the City of Laredo currently owns and operates a landfill which provides service to residents located within the corporate boundaries of the city and to commercial establishments located within the corporate boundaries of the city; and WHEREAS the City of Laredo and the City of Encinal agree that the proper disposal of refuse affects the health, safety, and welfare of all city and county residents; and 1 WHEREAS, City of Laredo and City of Encinal agree that compliance with State and Federal standards for refuse disposal is necessary to assure the integrity of the city's water supply system and to protect the health, safety, and welfare of the citizens; and WHEREAS, this agreement is authorized by the Interlocal Cooperation Act, Chapter 791 Texas Government Code; and WHEREAS, this agreement provides for terms and conditions applicable to the City of Laredo Landfill only, which terms and conditions do not conflict with the provisions of existing interlocal agreements between the parties; NOW, THEREFORE, BE IT RESOLVED, That the City of Laredo City Council does hereby approve the above subject document, hereby attached as Exhibit "A." APPROVED BY THE MAYOR ON THIS THE -DAY OF ,2006 Raul Salinas Mayor Attest: Gustavo Guevara, Jr. City Secretary APPROVED AS TO FORM: Jaime L. Flores City Attorney By: Valeria M. Acevedo Assistant City Attorney COUNCIL COMRlUNICATlON Date: SUBJECT: MOTION Referring thc City of Larcdo Coinprehcnsive Plan to the Planniiig and Zoning Co~i~niission tliat a report from the Planning and Zoning Commission with any recomlnen- back before the City Council hefore the adoption of the budget; in ------. Article IX, Section 9.03 ol'thc Chartcr ol'thc City of- L,arcdo. - -.- Initiated by: Cynthia Collazo, Deputy City Manager Keith Selman, Planning Ilircctor ( PRIOR COUNCIL ACTION: None I BACKGROUND: The City of Laredo Charter requires tliat the Con~pt-eliensivcPlan be reviewed and adopted every year prior to the adoption of the City's annual budget. Staff is nut proposing any changes to tlic Comprehen- sive Plan. The item will be placed on the Planning and Zoning Co~nmissionagenda of August 17,2006 for their consideration. Any recommendations by the Planning and Zoning Cotnnlission wil I be brought back for action by the City Council on August 28, 2006. FINANCIAL IMPACT: None ------. -- --. - COMMITTEE RECOMMENDATION: Approval of motion. - --- Page 1 of 2 Page 2 of 2 COUNCIL COMMUNICATION ') DATE: SUBJECT: MOTION Calling for a public hearing to be held on September 5, 2006, at the regularly scheduled City Council meeting held at City Hall, 1110 Houston Street at 5:30 p.m.; and authorizing publication of a newspaper advertisement for 10 consecutive days to inform the general public of the public hearing and that three copies of the capital improvements program are available at the City Secretary's Office and the Laredo Public Library. INITIATED BY: STAFF SOURCE: Larry Dovalina, City Manager Jessica L. Hein, Department of Communications and Administrative Support Services I PREVIOUS COUNCIL ACTION: The City of Laredo 2007-201 1 Capital Improvements Program was delivered to the City Council on Friday, June 30, 2006, and a Special City Council Meeting was held on Monday, July 10, 2006, to discuss the proposed CIP. 1 Pursuant to the requirements of the City Charter Section 6.07 Council Action on Capital Program, a public hearing must be held prior to adoption. FINANCIAL IMPACT: None. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA Approval of this Motion. 1 COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Authorizing the City Manager to enter into contract and award 2005 HOME Investment Partnership Program, Community Housing Development 81 14/06 Organization (CHDO) funds made available by the U.S. Department of Housing and Urban Development in the amount of $207,171 to the Laredo- Webb Neighborhood Housing Services, Inc. (NHS) for the purchase of a minimum of 10 residential lots on which affordable single-family housing units will be constructed and be made available to low income first-time homebuyers who earn 80% or less of the Housing Area Median Family Income (HAMFI). INITIATED BY: STAFF SOURCE: Horacio De Leon Ronnie Acosta Assistant City Manager Community Development Director PREVIOUS ACTION: 711 8/05 Council approved the submission of the 2005 Consolidated Plan to HUD that included an application for 2005 HOME Investment Partnership Program funds in the amount of $1,381,138 of which $207,7 17.00 is designated as 15% CHDO set-aside. BACKGROUND: As a result of the submission and approval of the Consolidated Plan for 2005, the City of Laredo was awarded $207,171 in CHDO set-aside funds by HUD. The CHDO Program requires that all funds be awarded within a 24-month period and expended within five years of the date of award to avoid recapture of funds from HUD. During the Consolidated Plan planning process, the City, through public notice requested proposals from local CHDO's for use of the 2005 CHDO set-aside funds. The following CHDO's expressed an interest in obtaining these funds: Habitat for Humanity of Laredo, Inc., Laredo-Webb Neighborhood Housing Services, Inc. (NHS), and Metro Affordable Housing Corporation. The Review Committee, composed from the following departments: Finance, Library, and Community Development, recommended that the Laredo-Webb Neighborhood Housing Services, Inc. be funded $207,17 1. NHS proposes to use these funds for the purchase of a minimum of 10 residential lots on which affordable single-family housing units will be constructed and be made available to low income first- time homebuyers who earn 80% or less of the Housing Area Median Family Income (HAMFI). Laredo-Webb Neighborhood Housing Services, Inc. was identified for funding in the Consolidated Plan as approved by Council. FINANCIAL: 2005 CHDO Funds - Acct. Number 21 7-6940-563-7530...... $207,17 1 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That the City VIA Manager be authorized to enter into contract and award 2005 HOME CHDO funds to the Laredo Webb Neighborhood Housing Services. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration to award a demolition contract to the lowest bidder, Laredo Environmental Services, LLC, for $9,800.00, for the demolition of three (3) substandard structures acquired 8/14/06 through the Acquisition and Relocation (Monterrey Ave.) project and the Acquisition and Relocation (Hwy 359) project. The demolition consists of substandard structures located at the following addresses: 1010 112 Monterrey Ave., 1014 Monterrey Ave., and 3020 Willow. Funding is available in the 3 1St AY Community Development Block Grant (CDBG). I INITIATED BY: STAFF SOURCE: Horacio De Leon Ronnie Acosta Assistant City Manager CD Director PREVIOUS COUNCIL ACTION: 711912004- Council approved the submission of the 2004 One-Year Action Plan which specifically details the activities/projects to be funded with HUD Program hnds which included the acquisition & relocation on Monterrey St. between Rosario and Chihuahua and the acquisition and relocation on Chacon Creek and Hwy 359. BACKGROUND: The Acquisition and Relocation (Monterrey Ave) Phases I and I1 involve the acquisition of substandard residential property along Monterrey Ave. between Rosario St. and Guadalupe Street and relocation of residents for the enhancement of Zacate Creek Linear Park on the East Bank. The ChacodHwy 359 Acquisition Project involved the acquisition of substandard residential structures and relocation of residents along State Highway 359 on the North side of HWY 359 and Chacon Creek for the continuation of the Chacon Creek Linear Park. After the properties were acquired, Drash Consulting Engineers, Inc. was contracted to conduct Professional Services for Asbestos at 1010 ?4 Monterrey Ave., 1014 Monterrey Ave, and 3020 Willow. All three structures were found to be clear of asbestos. A bid opening was held on July 28,2006 for the demolition of the properties. The following contractors submitted bids for consideration: Contractor Total Bid Nick Benavides $1 1,500.00 ALC Construction $1 1,985.00 Admiral Builders, LLC $17,215.00 Laredo Environmental Services, LLC $9,800.00 Staff is recommending that the contract for the demolition of the properties be awarded to the lowest bidder, Laredo Environmental Services, LLC. FINANCIAL: Funding is available in the Demolition of Substandard Structures Project (CDBG) funds - Acct. # 2 11 - 9140-535-1350 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That this motion be NIA passed. 1 COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 8/14/06 Approving the submission of the 2006 One Year Action Plan to the U.S. Department of Housing and Urban Development in request for funding through the 32nd Action Year Community Development Block Grant (CDBG) in the amount of $3,711,628; the 2006 HOME Investment Partnerships Program (HOME) in the amount of $1,299,879; the 2006 American Dream Downpayment Initiative in the amount of $12,841; the 2006 Emergency Shelter Grant (ESG) in the amount of $1 58,368, and authorizing- the City Manager- to execute all documents I as a result of the Plan's submission. INITIATED BY: ( STAFF SOURCE: Mr. Horacio De Leon Ms. Ronnie Acosta Asst. City Manager CD Director PREVIOUS COUNCIL ACTION: 0611 712006 - A Public Hearing was held at City Council Chambers to allow the public and City Council an opportunity to comment on the draft 2006 One Year Action Plan which identifies the projects proposed to be funded by the U.S. Dept. of Housing and Urban Development through the 2006 CDBG, HOME, ADD1 and ESG Programs and through program income. 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 ($3,711,628), the HOME Investment Partnerships Program ($1,299,879) the 2006 American Dream Downpayment Initiative ($12,84 l), and the 2006 Emergency Shelter Grant ($158,368). The City also anticipates receiving $96,060 through CDBG program income, $50,000 through HOME Program Income and $132,000 through the Housing Rehabilitation Revolving Loan fund. The award of funds is contingent on the submission and approval of the One-Year Action Plan which specifically details the activitieslprojects 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, six neighborhood meetings and a public hearing were held prior to the preparation of the draft plan. The public hearing was held on April 3, 2006 to give interested citizens an opportunity to make recommendations, which might be incorporated in the planning document. Several comments were received and were included as such in the plan. FINANCIAL: 32nd AY Community Development Block Grant ...... $3,7 11,628 2006 HOME Investment Partnerships Program...... $1,299,879 2006 Emergency Shelter Grant...... $1 58,368 2006 American Dream Downpayment Initiative...... $12,84 1 Proposed CDBG Program Income...... $96,060 Propose HOME Program Income...... $50,000 Proposed Housing Rehabilitation Revolving Loan fund...... $132,000 COMMITTEE RECOMMENDATION: N/A STAFF RECOMMENDATION: i That the City Manager be authorized to submit the 2006 One Year Action Plan to HUD and to execute all documents resulting from the Plan's submission. COUNCIL COMMUNICATION The draft 2006 One Year Action was made available for public review and comment for a period of 30 days beginning June 26,2006 and ending July 26,2006. An additional public hearing regarding the draft document was held on July 17,2006. Attached is a list of the projects proposed to be funded with 2006 CDBG, HOME, ADDI, and ESG funds. 3zndAY Community Develo~mentBlock Grant Community Development Administration $61 8,992 Housing Rehabilitation Administration $220,390 Housing Rehabilitation Loan Program $396,060 ($96,060 derived from CDBG Program Income) Code Enforcement $390,206 Graffiti Removal Program $ 44,039 Hamilton Hotel - Section 108 Loan Repayment $169,29 1 Dryden Park Improvements $150,000 Heritage Park Pedestrian Bridge $300,000 Heritage Park Improvements $100,000 Pedestrian Bridge at Zacate Creek $300,000 Taylor Park Improvements $ 30,000 Sidewalks (District V) $ 75,000 Cruz Field Improvements $ 25,000 Eistetter Park Domed Basketball Court & Security Lighting$150,000 Bristol Rd. Culvert Improvements $330,000 Fire Truck $480,000 Santa Rita Park Improvements $ 28,710 2006 HOME Investment Partnership Grant HOME Program Administration $128,944 Downpayment Assistance $695,473 ($50,000 derived from HOME Program Income) Tenant-Based Rental Assistance $330,480 Community Housing Development Organizations $194,982 2006 American Dream Downpavment Initiative Downpayment Assistance $12,841 2006 Emergency Shelter Grant ESG Program Administration $ 2,500 Homeless Prevention Program $25,000 Homeless Shelter Program (Operations and Rehabilitation) $93,368 Essential Services $37,500 COUNCIL COMMUNICATION I DATE: SUBJECT: MOTIONS Consideration to award contract FY06-106, to the LOW BIDDER, Laredo Security, Laredo Texas, or C.W. Security Laredo, Texas, in the estimated annual amount of $279,916.00 for providing security guard services for the Bridge System, City Hall, Health Department, Health WIC, Civic Center, Solid Waste Department, and the Municipal Housing Department. Funding is available in the respective departmental budgets. The contract will be for a period of two years. The City received identical bids of $7.00 per hour for security guard service from Laredo Security and C.W. Security. Lots will be drawn at the City Council meeting to determine which vendor will be I awarded the service contract for security guard service. INITIATED BY: I STAFF SOURCE: Rafael Garcia Francisco Meza, Purchasing Agent Assistant City Manager PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City received six bids for awarding a service contract for providing security guard services at the four International Bridges, City Hall, the Health Department complex, the Health WIC Department, the Civic Center, the Solid Waste Department, and the Municipal Housing Department. One I guard is assigned to the Health Department, and two guards are assigned ti the City Hall building during I / working hours. Guards are assigned- to the Civic Center as required by the event being held at this I operation. An hourly rate has been established for each operation. Vendor Year 1 Estimated Yearly Year 2 Estimated Yearly Total Cost I Cost Cost Laredo Security $279,916.00 $279,916.00 $559,832.00 C.W. Security $279,916.00 $279,916.00 $559,832.00 Heritage Security $299,910.00 $299,9 10.00 $599,820.00 Valley Metro Security $337,898.60 $347,895.60 $685,794.20 Initial Security $413,875.80 $413,875.80 $827,75 1.60 Wackenhut Security $555,033.44 $555,033.44 $1,110,066.88 FINANCIAL IMPACT: Security guard service is budgeted in the following line item budgets: Bridge System I-Security Guard Service Account Number: 553-4010-533-5530 Bridge System 11-Security Guard Service Account Number: 553-4012-533-5530 Bridge System 111-Security Guard Service Account Number: 553-4015-533-5530 Bridge System IV-Security Guard Service Account Number: 553-4061-583-5530 Health Department-Security Guard Service Account Number: 226-2910-543-5530 Health WIC Department-Security Guard Service Account Number: 226-6086-543-5530 City Hall-Security Guard Service Account Number: 101-1250-513-5530 Civic Center-Security Guard Service Account Number: 243-32 10-553-5530 Municipal Housing Department-Security Guard Service Account Number: 555-3920-543-5530 Solid Waste Department-Security Guard Service Account Number: 556-2560-533-5530 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be approved. I BID TABULATION FY06-106 E"7URITY GUARD SERVICES FOR: 3ridge# 1,2, 3,4, City Hall, Health Dept., Health Wii, Civic Center, Municipal Housing, & Solid Waste Dept. LAREDO C.W. HERITAGE VALLEY METRO INITIAL WACKENHUT SECURITY SECURITY SECURITY SECURITY SECURITY SECURITY Item Quantity Description PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 2912 BRIDGE#l $ 7.00 $ 20,384.00 $7.00 $ 20,384.00 $7.50 $ 21,840.00 $8.45 $ 24.606.40 $10.35 $ 30,139.20 $13.88 $40,418.56 1 2912 BRIDGE#2 $ 7.00 $ 20,384.00 $ 7.00 $ 20,384.00 $7.50 $ 21,840.00 $8.45 $ 24,606.40 $ 10.35 $ 30,139.20 $ 13.88 $ 40,418.56 BRIDGE# 3- 1 2912 Colombia $ 7.00 $ 20,384.00 $7.00 $ 20,384.00 $7.50 $ 21,840.00 $8.45 $ 24,606.40 $10.35 $ 30,139.20 $ 13.88 $40,418.56 BRIDGE# 4- 1 3744 World Trade $ 7.00 $ 26,208.00 $7.00 $ 26,208.00 $7.50 $ 28,080.00 $8.45 $ 31,636.80 $ 10.35 $ 38,750.40 $ 13.88 $ 51,966.72 1 5720 CITY HALL $ 7.00 $ 40,040.00 $7.00 $ 40,040.00 $7.50 $ 42,900.00 $8.45 $ 48,334.00 $10.35 $ 59,202.00 $13.88 $79,393.60 HEALTH 1 2886 DEPARTMENT $ 7.00 $ 20,202.00 $7.00 $ 20,202.00 $7.50 $ 21,645.00 $8.45 $ 24,386.70 $10.35 $ 29,870.10 $13.88 $40,057.68 I 3900 HEALTH WIC $ 7.00 $ 27,300.00 $7.00 $ 27,300.00 $7.50 $ 29,250.00 $8.45 $ 32,955.00 $ 10.35 $ 40,365.00 $ 13.88 $ 54,132.00 CIVIC 1 2080 CENTER $ 7.00 $ 14,560.00 $7.00 $ 14,560.00 $7.50 $ 15,600.00 $8.45 $ 10.35 $ 21,528.00 $ 13.88 -$ 21,590.40 - ~~p---- I 4368 SOLID WASTE $ 7.00 $ 30.576.00 $7.00 $ 30,576.00 $7.50 $ 32,760.00 $8.45 $ 36,909.60 $ 10.35 $ 45,208.80 $ 13.88 $ 6 MUNICIPAL 1 2548 HOUSING $ 7.00 $ 17.836.00 $7.00 $ 17,836.00 $7.50 $ 19,110.00 $8.45 $ 21,530.60 $10.35 $ 26,371.80 $13.88 $35,366.24 1ST YEAR TOTAL $237,874.00 $ 237,874.00 $ 254,865.00 $287,147.90 $ 351,713.70 $464,390.16 -- LAREDO C.W. HERITAGE VALLEY METRO INITIAL WACKENHUT SECURITY SECURITY SECURITY SECURITY SECURITY SECURITY Item Quantity Description PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL I 2912 BRIDGE#I $ 7.00 $ 20.384.00 $7.00 $ 20,384.00 $7.50 $ 21,840.00 $8.70 $ 25,334.40 $10.35 $ 30,139.20 $13.88 $40,418.56 1 2912 BRIDGE#2 $ 7.00 $ 20,384.00 $7.00 $ 20,384.00 $7.50 $ 21,840.00 $8.70 $ 25,334.40 $10.35 $ 30,139.20 $13.88 $40,418.56 BRIDGE# 3- 1 2912 Colombia $ 7.00 $ 20,384.00 $7.00 $ 20,384.00 $7.50 $ 21,840.00 $8.70 $ 25.334.40 $ 10.35 $ 30,139.20 $ 13.88 $ 40,418.56 BRIDGE# 4- 1 3744 World Trade $ 7.00 $ 26,208.00 $7.00 $ 26,208.00 $7.50 $ 28,080.00 $8.70 $ 32,572.80 $ 10.35 $ 38.750.40 $ 13.88 $ 51,966.72 1 5720 CITY HALL $ 7.00 $ 40,040.00 $7.00 $ 40,040.00 $7.50 $ 42,900.00 $8.70 $ 49,764.00 $10.35 $ 59,202.00 $13.88 $79,393.60 HEALTH i 1 2886 DEPARTMENT $ 7.00 $ 20,202.00 $ 7.00 $ 20,202.00 $7.50 $ 21,645.00 $8.70 $ 25,108.20 $10.35 $ 29,870.10 $ 13.88 $ 40,057.68 8 1 3900 HEALTH WIC $ 7.00 $ 27.300.00 $7.00 $ 27,300.00 $7.50 $ 29,250.00 $8.70 $ 33,930.00 $ 10.35 $ 40,365.00 $ 13.88 $ 54,132.00 CIVIC 1 2080 CENTER $ 7.00 $ 14,560.00 $7.00 $ 14,560.00 $7.50 $ 15,600.00 $8.70 $ 18.096.00 $10.35 $ 21.528.00 $13.88 $21,590.40 i 1 4368 SOLID WASTE $ 7.00 $ 30,576.00 $7.00 $ 30,576.00 $7.50 $ 32,760.00 $8.70 $ 38,001.60 $ 10.35 $ 45,208.80 $ 13.88 $ 60,627.84 i MUNICIPAL 1 2548 HOUSING $ 7.00 $ 17,836.00 $7.00 $ 17,836.00 $7.50 $ 19,110.00 $8.70 $ 22,167.60 $10.35 $ 26,371.80 $13.88 $35,366.24 1 2ND YEAR TOTALS $237,874.00 $237,874.00 $ 254,865.00 $295,643.40 $351,713.70 $464,390.16 I Combined 1 Year 1 & 2 $475,748.00 $475,748.00 $509,730.00 $582,791.30 $703,427.40 $928,780.32 1 COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS 08/14/06 Consideration to award bid number FY06-115 for the purchase of three (3), 8- passenger vans from Columbus Country Ford, Caldwell, Texas in the total amount of $44,280.00; and authorize the purchase of one (1) medium sized sedan and one (1) extended cab pickup through the Texas Local Government Purchasing Cooperative (Buy Board) contract pricing from Philpott Ford in the total amount of $28,703.00. These vehicles will be assigned to the Bridge Department. The City did secure formal bids from four vendors and these vehicles are being purchased at the best bid pricing utilizing either the Buy Board contract pricing or the FY06-115 bid pricing. Funding is I available in the Bridge Department's budget. INITIATED BY: I STAFF SOURCE: Rafael Garcia, Mario Maldonado, Bridge Department Director Assistant City Manager Francisco Meza, Purchasing Agent I PREVIOUS COUNCIL ACTION: Approved the City of Laredo's participation in the Texas Local Government Purchasing Cooperative (Buy Board) at the City Council Meeting of May 7,2001. BACKGROUND: Four bids were received for purchase of vehicles. The bid specifications requested bid pricing for three (3) 8-passenger vans, one (1) medium sized sedan and one (I) extended cab pickup for the City of Laredo's Bridge Department. Staff compared the formal bid pricing with the Buy Board contract pricing and is recommending that the sedan and truck be purchased through the Buy Board contract from Philpott Motors, Inc. and the passenger vans be purchased from Columbus Country Ford. Summary Buyboard Purchase Qty. Unit Price Total From Philpott Ford Sedan 1 $13,353.00 $13,353.00 I Truck 1 $14,950.00 $14,950.00 Buy Board Fee Total Purchase from Columbus Qty. Unit Price Total Country Ford Passenger Van 3 $14,760.00 $44,280.00 FINANCIAL IMPACT: Funding for theses vehicles is available in the Bridges System budget. Bridge System Fund-Capital Outlay-Automotive I Account Number: 553-4010-535-9004 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract award be approved. Bid Summary Sedan Qty. Unit Price Total Philpott Ford (Buy Board) 1 $13,353.00 $13,353.00 ) Caldwell Country Chevy 1 $13,891.00 $13,891.00 Escamilla Ford 1 $17,786.60 $17,786.60 Columbus Country Ford 1 $19,882.00 $19,882.00 Sames Motor Company No bid Truck Qty. Unit Price Total Philpott Ford (Buy Board) 1 $14,950.00 $14,950.00 Columbus Country Ford 1 $1 8,988.00 $18,988.00 Caldwell Country Chevy 1 $19,147.00 $19,147.00 Sames Motor Company 1 $19,540.00 $19,540.00 Escamilla Ford 1 $22,474.50 $22,474.50 Van Qty. Unit Price Total Columbus Country Ford 3 $14,760.00 $44,280.00 Caldwell Country dhevy 3 $16,747.00 $501241 .OO Philpott Ford (Buy Board) 3 $17,905.00 $53,715.00 Escamilla Ford 3 $24,474.47 $73,375.41 COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 0811 4/06 Consideration to authorize the purchase and installation of modular skate park ramps and amenities for Eastwoods Park from Kraftsman Playground and Park Equipment , through the Texas Local Government Purchasing Cooperative (Buy Board) contract pricing in the total amount of $60,821.95. Funding is available in the 2006 C.O. Fund. INITIATED BY: STAFF SOURCE: Horacio De Leon, Miguel A. Pescador, Parks and Recreation Dept. Director Assistant City Manager Francisco Meza, Purchasing Agent - - PREVIOUS COUNCIL ACTION: Approved the City of Laredo's participation in the Texas Local Government Purchasing Cooperative (Buy Board) at the City Council meeting of May 7,2001. BACKGROUND: The Parks Department has the requested and received a design and cost estimate for the purchase and installation of ARC Pro Series modular skate park ramps and amenities for Eastwoods Park from Krafisman Playground and Park Equipment. Purchase of these items is being requested through the Texas Local Government Purchasing Cooperative (Buy Board) contract pricing in the total amount of $60,821.95. Funds have been made available through 2006 Certificate of Obligation bonds. FINANCIAL: Funding is available in 2006 C.O. Fund account no. 461-9822-535-4248. .- RECOMMENDATION: STAFF: Staff recommends approval of this motion COUNCIL COMMUNICATION DATE: SUBJECT: MOTION 8/14/06 Refund of property tax in the amount of $643.83 to the following taxpayers and companies: 1. A refund in the amount of $643.83 payable to LSI Tax Service due to an overpayment. Account # 925-10001 -070. I INITIATED BY: STAFF SOURCE: CYNTHIA COLLAZO, ELIZABETH MARTINEZ ASSISTANT CITY MANAGER TAX ASSESSOR-COLLECTOR I PREVIOUS COUNCIL ACTION: City Council has previously approved requests for refunds over $500.00 as required by State Law. BACKGROUND: I Every month the Webb County Appraisal District submits to the City of Laredo changes in values certified 1 by the WCAD Review Board. Some of these changes require tax refunds be issueddue to clerical errors, double assessments, over assessments, over 65 exemptions, did not exist on the 1'' of the year, exempt property and combined properties. As per section 26.15 (f) of the Texas Property Tax Code, "If a correction decreases the tax liability of a property owner after the owner has paid the tax, the taxing unit shall refund to the property owner the difference between the tax paid and the tax legally due. As per Section 31.11 ( c ) of the Texas Property Tax Code, "An application for a refund must be made within three years after the date of the payment or the taxpayer waives the right to the refund." A taxpayer may request a refund if an overpayment or an erroneous payment was made. As per Section 42.43 (a) of the Texas Property Tax Code, "If the final determination of an appeal that decreases a property owner's tax liability occurs after the property owner has paid hisher taxes, the taxing unit shall refund to the property owner the difference between the amount of taxes paid and amount of taxes for which the property owner is liable. I FINANCIAL IMPACT: The City of Laredo will refund an amount of $643.83. It will be paid from line item Revenue/Unapplied Payments. Account # 10 1-0000-222-0300. COMMITTEE RECOMMENDATION: / STAFF RECOMMENDATION: J1 Approval of these refunds as detailed above. COUNCIL COMMUNICATIONS h \ /I DATE: SUBJECT: MOTION 811 412006 Approval of the 2006 Appraisal Roll from the Webb County Appraisal District for the development of the city's tax roll, acceptance of the Effective and Rollback Tax Rate calculations for Tax Year 2006, and setting the first public hearing date on August 28, 2006 for the proposed tax rate of $0.6370001$100 value. INITIATED BY: STAFF SOURCE CYNTHIA COLLAZO, ELIZABETH MARTINEZ, DEPUTY CITY MANAGER TAX ASSESSOR-COLLECTOR PREVIOUS COUNCIL ACTION: Every year City Council approves the appraisal roll, accepts Effective and Rollback Tax Rate calculations, and sets a public hearing date. BACKGROUND: Each year the Webb County Appraisal District certifies an appraisal roll to be used as a base for our tax levy. On July 31, 2006 we received roll information as follows: 2006 Appraisal Roll Information: Certified Roll Under ARB Review Total Market Value $9,391,069,105 $279,175,550 ) Total Taxable Value $8,150,558,502 $263,870,621 Number of Accounts 74,267 837 Calculations in accordance with Truth-in-taxation guidelines are as follows: 2006 Effective Tax Rate $0.593454 2006 Rollback Rate $0.638537 FINANCIAL: Tax Levy will generate Fiscal Year 2006-2007 Revenue for General Fund Maintenance and Operations and Tax Supported Debt. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Approval of the 2006 Appraisal Roll, acceptance of Effective and Rollback Rate calculations, and setting of August 28, 2006 as a public hearing for a proposed tax rate of $0.637000/$100 value. t. COUNCIL COMMUNICATION 11 DATE: I SUBJECT: MOTION AUTHORIZING THE ClTY MANAGER TO OPT OUT OF THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA), EFFECTIVE OCTOBER I,2006 THROUGH SEPTEMBER 30,2007, AS A RESULT OF THE ClTY CURRENTLY MEETING AND EXCEEDING MINIMUM HlPAA BENEFIT PROVISIONS. I INITIATED BY: STAFF SOURCE: Cynthia Collazo, Deputy City Manager Daniel Migura, Human Resources Director Larry Dovalina, City Manager I PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Health Insurance Portability and Accountability Act (HIPAA) was signed into law on August 21, 1996. The intent of the law is to make health coverage available, portable, and guaranteed renewable for individuals. The law went into effect for plan years on or after July 1, 1997. The City of Laredo health benefits plan is a non-federal governmental plan and as such can opt out of any or all legislation. The City must decide on opting in or out prior to October 1, 2006 and indicate this election each plan year (see attachment). The requirements within this act (HIPAA) do not exceed our current plan requirements and the decisions to opt out will allow the City to have more flexibility in administering the City's health plan. IFINANCIAL IMPACT: J COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: That City Council approve the motion to authorize the City Manager to opt out. NOTICE TO PLAN PARTICIPANTS REGARDING BLUE CROSS AND BLUE SHIELD OF TEXAS ELECTION UNDER 42 U.S.C. 5 300gg-21 Group health plans such as Blue Cross and Blue Shield of Texas are regulated by a federal law named the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Title I pertains to insurance reform of the following situations: Limitations of pre-existing condition exclusion periods; = Special enrollment periods for individuals (and Dependents) losing other coverage; Prohibitions against discrimination against individual participants and beneficiaries based on health status; Standards relating to benefits for mothers and newborns; Parity in the application of certain limits to mental health benefits; and A woman's right to treatment of the unaffected breast following a mastectomy. Federal law allows a self-funded, non-federal, governmental plan such as the City of Laredo to exempt its plan in whole or in part fkom the requirements of HIPAA Title I. The City of Laredo has elected to be exempt from the following requirements: Limitations on pre-existing condition exclusion periods; = Special enrollment periods for individuals (and Dependents) losing other coverage; Prohibitions against discriminating against individual participants and beneficiaries based on health status; Standards relating to benefits for mothers and newborns; Parity in the application of certain limits to mental health benefits; and Treatment of the non-affected breast following a mastectomy. Because of this election Employees and Dependents will be subject to benefit limits even if they had 12 or 18 months of coverage under another plan within the 63 days prior to enrollment in this plan. The duration of a hospital confinement for a mother and newborn following the birth of a child will be determined based on medical necessity. Mental health benefits have the same lifetime maximum as other medical conditions and are treated as any other covered medical condition. Mental health benefits have annual maximums but the same lifetime maximum benefits as any other medical condition and include any coverage required by state law. Even though the plan is exempt, Employees and Dependents will be able to enroll if they have a qualifying event during the plan year as set out in this booklet, and no individual will be declined coverage or charged a higher rate based on a medical condition. The plan's qualifying events are more liberal than in the federal law. The plan will pay for treatment of the affected breast and non-affected breast following a mastectomy. The entire plan is subject to this exemption. The plan cannot exempt itself fi-om the requirement to hishcertificates of creditable coverage. In addition to Title I, the Federal government imposed Title I1 on April 14, 2003, which pertains to administrative simplification of health plans (such as Blue Cross and Blue Shield of Texas). The administrative simplification process includes: standards for electronic transactions and code sets, national identifiers (employers, health plans and health care providers), security and electronic signature standards (final rule was published February 20, 2003) and standards for privacy of individually identifiable health information (Privacy Rule). A self-funded, non-federal, governmental health plan cannot exempt itself fkom the requirements of HIPAA Title 11. COUNCIL COMMUNICATION DATE: SUBJECT: MOTIONS Consideration to award the annual court software maintenance August 14,2006 contract in the amount of $3 1,462.00 to Incode. The amount represents a 3% increase over the previous year. The annual software maintenance contract covers the following areas: Acuserver, Cash Collections, HTE interface, Municipal Court applications, and Data Dictionary. Funding is available in the Municipal Court budget. - INITIATED: STAFF SOURCE: Larry Dovalina, City Manager Thomas L. Ochoa, Municipal Court Clerk PREVIOUS ACTION: August 15,2005, approval of 2005-2006 annual maintenance contract for $30,252.00. BACKGROUND: A $4.00 court technology fee is charged on all convictions in Municipal Court and in all cases to be dismissed by completing a defensive driving course, or deferred disposition. The court technology fee can be used for software maintenance contracts. FINANCIAL: Funding is available in the Purchase Professional Services/Support Service account number 101-1400-5 13-55-88. RECOMMENDATION: STAFF RECOMMENDATION: Approve. Approve L COUNCIL COMMUNICATION SUBJECT: MOTION Consideration for approval of acceptance of the Santa Rita Park Phase I, Project 2 (Irrigation system, hydromulch, and trees), and approval of final payment in the amount of $3,265.28 to Hollywood Garden, Inc., Laredo, Texas. Final construction contract amount is $65,305.50. Funding is available in the 27thAction Year - 2001-2002 Community Development Block Grant Fund - Santa Rita Park. INITIATED BY: STAFF SOURCE: Larry Dovalina, Rogelio Rivera, P.E., City Manager City Engineer I PREVIOUS COUNCIL ACTION: On March 29, 2005, City Council approved to award a construction contract to the lowest bidder Hollywood Garden, Inc., Laredo, Texas, for the Santa Rita Park Phase I, Project 2 in the bid amount of $65,305.50. BACKGROUND: The Santa Rita Park Phase I, Project 2 consisted of Irrigation system, hydromulch, and trees. I Plans and specifications were prepared by Crane Engineering Corporation, Laredo, Texas. I Original contract amount...... $65,305.50 (Awarded by City Council on March 29,2005) I Final construction contract amount...... $65,305.50 I The project was completed within the contract time allotted. I FINANCIAL IMPACT: Funding is available in the 27thAction Year - 2001-2002 Community Development Block Grant Fund - Santa Rita Park. Account No. 21 1-8480-535-1346 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A. Approval of Motion. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION I Consideration for approval of acceptance of the Santa Rita Park Phase I, Project 3 (soccer 0811 4/06 goals, player and referee shelters, park entrance sign, and cedar fence), and approval of final payment in the amount of $4,415.50 to Zertuche Construction, Inc., Laredo, Texas. Final construction contract amount is $88,3 10.00. Funding is available in the 25thAction Year - 1999-2000 Community Development Block Grant Fund - Santa Rita Park. INITIATED BY: STAFF SOURCE: Larry Dovalina, Rogelio Rivera, P.E., City Manager City Engineer PREVIOUS COUNCIL ACTION: On March 29, 2005, City Council approved to award a construction contract to Zertuche Construction, Inc., Laredo, Texas, for the Santa Rita Park Phase I, Projects 1, 3,4, and 5 in the amount of $598,505.68. BACKGROUND: The Santa Rita Park Phase I, Project 3 consisted of soccer goals, player and referee shelters, park entrance sign, and cedar fence. Plans and specifications were prepared by Crane Engineering Corporation, Laredo, Texas. Original construction contract amount...... $88,310.00 Final construction contract amount ...... $88,310.00 I The project was completed within the contract time allotted. FINANCIAL IMPACT: Funding is available in the 25th Action Year - 1999-2000 Community Development Block Grant Fund - Santa Rita Park. Account No. 21 1-8080-535-1328 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA. Approval of Motion. COUNCIL COMMUNICATION " DATE: SUBJECT: MOTION Consideration for approval to award an engineering contract to Risa Fisher & Associates, 0811 4/06 Inc., Dallas, Texas, for an amount of $98,800.00 for the design and preparation of plans and specifications for the City of Laredo Biosolids Composting Facility. Funding is available in the Solid Waste Fund. I INITIATED BY: STAFF SOURCE: Larry Dovalina, Rogelio Rivera, P.E., City Manager City Engineer PREVIOUS COUNCIL ACTION: On June 5,2006, City Council approved the selection of consultant Risa Fisher & Associates, Inc., Dallas, Texas, for the Site Selection and Design of a Compost Facility for the City of Laredo Landfill in accordance with the requirements of the Texas commission on ~ivironmentalquality and authorization to negotiate a professional services contract. BACKGROUND: The proposed scope of services is to include, but not limited to: Site Selection, design, preparation of plans and specifications for a City of Laredo Landfill Compost Facility in accordance with the requirements of the Texas Commission on Environmental Quality, and the following tasks: I Processing Assessment Phase...... $ 5,000.00 Site Assessment and Facility Layout Phase...... $ 6,000.00 Regulatory Approval Phase...... $42,000.00 Capital and Operations Cost Analysis Phase...... $ 5,000.00 Operations Plan Phase...... $ 5,000.00 Field Survey Phase...... $ 2,000.00 Construction Plan Phase...... $2 1,000.00 Specifications Phase...... $1 1,000.00 Construction and Equipment Cost Estimate Phase...... $ 1,800.00 Total A/E Fee...... $98,800.00 Design work is to be done on a fast track basis approximately three hundred (300) calendar days after issue of Notice to Proceed. FINANCIAL IMPACT: Funding is available in the Solid Waste Fund. Account No. 556-2560-533-55 12 - Project Engineer Fees. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA. Approval of Motion. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration for approval of acceptance of the City of Laredo Landfill Parking Lot and 08/14/06 approval of final payment in the amount of $37,612.43 to Zertuche Construction, Laredo, Texas. Staff recommends 15 days liquidated damages for contract time overrun in the amount of $8,250.00, therefore the net final payment is $29,362.43. Final contract amount is $752,248.50. Funding is available in the Solid Waste Fund - Retainage Payable Account. INITIATED BY: STAFF SOURCE: Larry Dovalina, Rogelio Rivera, P.E., City Manager City Engineer PREVIOUS COUNCIL ACTION: On January 10, 2005, City Council awarded a construction contract to the lowest bidder Zertuche Construction, LLC., Laredo, Texas, for the City of Laredo S.H. 359 Landfill Parking Lot in the base bid amount of $745,121.65. BACKGROUND: The original project consisted of reconstruction of the landfill parking lot with approximately 15 1,000 s.f. of 8 inch thick reinforced concrete and approximately 3,950 s.q. of 2 inch thick asphaltic hot mix, curb and gutter, concrete islands, and erosion control. Plans and specifications were prepared by Howland Engineering and Surveying Company, Laredo, Texas. Original construction contract amount...... ,3745,121.65 (Approved by City Council on January 10,2005) Change order no. 1...... $23,105.64 (Approved by City Manager on March 17,2005) For early strength concrete required to open to traffic In two days the intersection of parking lot driveway. Change order no. 2...... $[15,978.79) (Approved by City Manager on May 16,2006) For using an alternative traffic route during construction, flexible base area adjustment, improve condition of existing asphalt, protection required against humidity from landscape area, and to add forty (40) calendar days to the contract time. Final construction contract amount ...... $752,248.50 This project was completed with fifteen days contract time overrun and Staff is recommending liquidated damages in the amount of $550.00 per day for a total of $8,250.00. FINANCIAL IMPACT: Funding is available in the Solid Waste Fund - Retainage Payable Account. Account No. 556-0000-206-0100 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A. Approval of Motion. COUNCIL COMMUNICATION DATE: I SUBJECT: MOTION Consideration for approval to award a construction contract to Advantage USAA, Inc., Spring L -, 14/06 Branch, Texas, in the amount of $257,300.00 for the Civic Center Re-Roofing Located at 2400 I San Bernardo Avenue. Funding is available in the Capital Improvements Project. INITIATED BY: 1 STAFF SOURCE: Larry Dovalina, Rogelio Rivera, P.E., City Manager City Engineer PREVIOUS COUNCIL ACTION: None. BACKGROUND: The project consists of removal and disposal of existing roofing material and replacement of approximately 25,000 square feet of roof at the Civic Center Auditorium located at 2400 San Bemardo Avenue. The bid package includes a base bid and three alternate bids. Plans and specifications were prepared by Design Group International, Laredo, Texas. Three (3) bids were received and opened at the City Secretary's Office on Wednesday, June 28,2006, at 2:00 P.M. as follows: Contractor Advantage USAA, Beldon Roofing Admiral Builders, Inc. Company LLC. Spring Branch, Texas San Antonio, Texas Laredo, Texas I Base Bid (PVC roof wI10 yr. NDL 1 $256,650.00 1 $385,795.00 1 $249,750.00 . .ernate No. 1 (Substitute modified SBS ($2,900.00) $399,845.00 $219,037.00 roofing in lieu of PVC) Alternate No. 2 (Substitute asphalt built-up $9,100.00 $386,658.00 $214,533.00 roofing in lieu of PVC) Alternate No. 3 (Substitute coal tar pitch $201,350.00 $402,273.00 $227,542.00 BUR in lieu of PVC) Alternate No. 4 (Same as base bid except $4,000.00 $387,313.00 $337,162.50 with a 20 yr. NDL warranty) Alternate No. 5 (Same as Alternate No. 1 $3,550.00 $402,000.00 $273,796.00 except with a 20-yr. NDL warranty) Alternate No. 6 (Same as Alternate No. 2 $5,400.00 $392,709.00 $286,166.70 except with a 20 yr. NDL warranty) Alternate No. 7 (Same as Alternate No. 3 $7,000.00 $408,229.00 $284,427.45 [ except with a 20yr. NDL warranty) Admiral Builders, LLC., Laredo, Texas, did not submit a bid bond and acknowledgement of addenda no. 1, therefore not considered. The other two bids were checked and found to be in order. Staff therefore concurs with consultant and recommends award in the amount of $257,300.00 to Advantage USAA, Inc., Spring Branch, Texas, which includes the base bid, minus alternate no. 1, plus alternate no. 5 (20 year NDL warranty). Contract time is sixty (60) calendar days after notice to proceed is issued. FINANCIAL IMPACT: F1,-ding is available in the Capital Lmprovements Project. A !unt No. 402-4322-535-41 81 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: NIA. A~~rovalof Motion. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration for approval to award a designlbuild contract to Krafisman Commercial 0811 4106 Playground and Water Park Equipment, Spring, Texas, for an amount of Father McNaboe Splash Park - $204,880.00 Seven Flags Splash Park - $144,996.80 Cecilia May Moreno Park (West Lyon Splash Park) - $167,980.50 Funding is available in the Zacate Creek Splash Park at Seven Flags - CDBG 29"' Action Year12004 Grant, Father McNaboe Splash Park - Parks Capital Grants - Webb County Interlocal Agreement, and LyodCecilia Moreno Splash Park - CDBG 3 1" Action Year. INITIATED BY: STAFF SOURCE: Larry Dovalina, Rogelio Rivera, P.E., City Manager City Engineer PREVIOUS COUNCIL ACTION: On March 27, 2006, City Council approved the selection of consultant for the Father McNaboe Splash Park, Seven Flags Splash Park and West Lyon Splash Park Project (DesignBuild) and authorization to negotiate a professional services contract. BACKGROUND: The proposed scope of services is to include, but not limited to: I Father McNaboe Splash Park Proiect (DesignIBuild Proiect) \ Location: Father McNaboe Park: The design and construction of a Splash Park on the identified site to include conceptual and illustrative layout of the park and plan view, illustration or photographs of the proposed spray components, construction drawings, certifications, safety performance, material specifications of all in ground and above ground spray features, bollard activators and controllers, a minimum of 3 references from previous clients, meet ADA compliance, and accessibility, minimum 10 year warranty on all water components. Page 1 of 3 FINANCIAL IMPACT: Funding is available as follows: Zacate Creek Splash Park at Seven Flags - CDBG 29thAction Year12004 Grant: Account No. 21 1-8680-555-1 195. Father McNaboe Splash Park - Parks Capital Grants - Webb County Interlocal Agreement: Account No. 457-3160-555-4239. LyodCecilia Moreno Splash Park - CDBG 3 1'' Action Year: Account No. 21 1-9180-555-1385. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: 1 NIA. Approval of Motion. Splash Park to be a minimum of 60ft. x 80ft. splash pad to include a minimum of 12 components that include, but are not limited to, a center piece feature with multi spray functions, overhead sprayers, \tunnels, arches, loops, and a minimum of 6 individual below ground features such as a ground sprays, and include an automatic controllers for master valve and as needed zones or valves and all equipments for recirculation of water including tanks, filters, start up chemicals and decking or non slip surfacing material, (cool deck) and above ground cinder blocMmasonry mechanical pump house. Above ground equipment system: Filtration Skid complete with plumbing and wiring. Operating system control panel - control panel that will provide complete operating system power distribution Feature Skid complete with plumbing and wiring. Distribution Manifold complete with plumbing and wiring. Chemical Treatment Valve - to consist of two compartments, one chlorine and the other PH control Underground Water Containment Vault -fiberglass or concrete vessel Activation Bollard - with touch sensor Collector Boxes - with grate top Waste Valve Box - To consist of an electric solenoid valve housed in a fiberglass burial housing. Seven Flags Splash Park Project (DesignIBuild Project) Location: Seven Flags Park, behind J.C. Martin Elementary School 1508 Monterrey Avenue (Rear): ifhe design and construction of Spray Park Improvements on identified site include a conceptual or illustrative layout of the park project and a plan view, illustration or photographs of the proposed spray components, certification, safety, performance, material, specifications of all in ground and above ground spray components, bollard activators, and controllers, a list of similar design and supply projects with a minimum of 3 references from previous clients, meet ADA compliance, and accessibility. All water components should have a minimum of a 10 year warranty. The Spray Park shall be a minimum of approximately 30ft. diameter to include a minimum of 5 components that include but not limited to a centerpiece feature with multi-spray functions, water palm, arches or tunnels, an overhead spray module and below ground features such as ground sprays, and include an automatic controller for master valve and as needed zones or valves and all equipment for recirculation of water including needed filters, start up chemicals and decking or on slip surfacing material, (cool deck) and above ground cinder blocMmasonry mechanical pump house. Above ground equipment system: Filtration Skid complete with plumbing and wiring. • Operating System Control Panel - Control panel that will provide complete operating system power distribution • Feature Skid complete with plumbing and wiring. Distribution Manifold complete with plumbing and wiring. Chemical Treatment Vault-to consist of two compartments, one chlorine and the other PH control. Underground Water Containment Vault - Fiberglass or concrete vessel Activation Bollard - with touch sensor Collector Boxes - with grate top • Waste valve box - to consist of an electric solenoid valve housed in a fiberglass burial housing Page 2 of 3 Cecilia May Moreno Park (West Lyon Splash Park Project) (DesignIBuild Project): Location: On the Eastern Bank of Zacate Creek ,319 West Lvon: khe design and construction of Spray Park Improvements on identified site include a conceptual or illustrative layout of the park project and a plan view, illustration or photographs of the proposed spray components, certification, safety, performance, material, specifications of all in ground and above ground spray components, bollard activators, and controllers, a list of similar design and supply projects with a minimum of 3 references from previous clients, meet ADA compliance, and accessibility. All water components should have a minimum of a 10 year warranty. This project is a retrofit of an all concrete skate park, therefore requiring selective demolition, backfilling of 5 feet deep depressed areas, and grading to the required surface level. The Spray Park shall be a minimum of approximately 42ft. x 55ft. and a second smaller area 21ft. x 41ft. The splash park areas should to include a minimum of 5 components that include but not limited to a centerpiece feature with multi-spray functions, water palm, arches or tunnels, an overhead spray module and below ground features such as ground sprays, and include an automatic controller for master valve and as needed zones or valves and all equipment for recirculation of water including needed filters, start up chemicals and decking or on slip surfacing material, (cool deck) and above ground cinder blocMmasonry mechanical pump house. Above ground equipment system: a Filtration Skid complete with plumbing and wiring. a Operating System Control Panel - Control panel that will provide complete operating system power distribution l a Feature Skid complete with plumbing and wiring. a Distribution Manifold complete with plumbing and wiring. a Chemical Treatment Vault to consist of two compartments, one chlorine and the other PH control. a Underground Water Containment Vault - Fiberglass or concrete vessel a Activation Bollard - with touch sensor a Collector Boxes - with grate top • Waste valve box - to consist of an electric solenoid valve housed in a fiberglass burial housing The successful design build firm for the above projects will be responsible for securing all necessary building, street cut permits, and utility meters, and paying any and all landfill fees for disposal of excess construction materials. Contract time will be on a fast track basis. Page 3 of 3 COUNCIL COMMUNICATION DATE SUBJECT: MOTION 08-14-06 Authorizing the City Manager to acquire through negotiations, the "Surface Only" of a 13.913 1acre, more or less, parcel of land for the River Vega Land Acquisition Project. Said parcel being situated in Porcion 22, Abstract 277, between the Riverview Estates Subdivision and the Rio Grande River, and is to be acquired in an amount not to exceed $75,000.00, plus approximately $2,500.00 in incidental expenses. This will be a voluntary transaction. Funding is available in Account # 448-9855-535-9101. INITIATED BY: STAFF SOURCE: Cynthia Collazo Angelo Ferrazzano Deputy City Manager Real Estate Manager PREVIOUS COUNCIL ACTION: None BACKGROUND: The City of Laredo is in the process of acquiring Rio Grande River vega land fiom the Northern to Southern City's territorial limits. Said project consists of the preservation and beautification of said Rio Grande River vega land. In order to continue with the River Vega Land Acquisition Project, it is necessary for the City of Laredo to acquire the "Surface Only" of the above-referenced parcel of land. FINANCIAL IMPACT: Funding for this project is available in Account #448-9855-535-9101. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/ A Staff recommends approval of Motion. DATE: SUBJECT: MOTIONS '1 4/06 Consideration to exercise the renewal option for one additional year for contract FY04- 069 awarded to Nick Benavides, Laredo, Texas, for providing monthly mowing and maintenance of the Zacate Creek areas. The contract award is being modified to include two additional cutting cycles for a revised contract amount not to exceed $84,196.00. Two extra cuttings will be added to include the area of the waterfall to the end at Zacate Creek. The original contract includes the collection of trash, debris, rubbish, and other floatable material along the creek from Meadow and Canal Streets to the mouth of the river. Funding is available in the Environmental Service Department budget. INITIATED BY: STAFF SOURCE: Horacio De Leon, Riazul Mia, Environmental Service Director Assistant City Manager Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: Awarded a service contract to Nick Benavides for the monthly mowing and maintenance of the Zacate Creek area on 9/19/05. BACKGROUND: Staff is recommending that the contract awarded to Nick Benavides for monthly mowing and maintenance of the Zacate Creek areas be extended for one additional year as per the terms of the original contract award. This includes the collection of trash, debris, rubbish, and other floatable material along the creek from Meadow and Canal Streets to the mouth of the river. Two extra cuttings will be added to include the area of the waterfall to the end at Zacate Creek Nick Benavides has been the previous contract vendor for this project for the last six years and has satisfactorily fulfilled the contract requirements. Contract Award Number of cutting Cost per Cycles Cutting Cycle Contract Total Initial Contract Award 12 $6,014.00 $72,168.00 Additional Cutting Cycles 2 $6,014.00 $12,028.00 Revised Contract Total $84,196.00 FINANCIAL IMPACT: Funding for this service is available in the Environmental Service Department det. N.P.D.E.S. - Environmental Services Account Number: 249-3840-543-5537 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this action be approved. I COUNCIL COMMUNICATION 1 DATE: SUBJECT: MOTION 81 14/06 Consideration to award contract number FY06-087 to the low bidder, Lassen Inc., Austin, Texas, in the total amount of $142,386.00, for the Zacate Creek Wastewater Treatment Plant re-aeration tanks lining project. Funding is available in the Utilities Department - Wastewater Division budget. INITIATED BY: STAFF SOURCE: Horacio De Leon Jr., Assistant City Manager Adrian Montemayor, Interim Utilities Department Director Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: None BACKGROUND: Bids were requested for the Zacate Creek Wastewater Treatment Plant's re-aeration tanks lining project. The scope of work includes providing all labor, material and equipment required to accomplish this repair project. The City received four bids for this project. Bid Summary Lassen Inc. $142,386.00 Grant Environmental $217,739.00 ' Enviro $28 1,997.00 Blastco Inc. $319,356.00 i FINANCIAL IMPACT: Funds for this contract are available from the Utilities Department. Construction Projects - Residual Management Improvements Account Number: 559-4240-538-0288 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be approved. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Consideration for acceptance of the Santa Clara 24" Sanitary Sewer line and approval of 8/14/06 final payment to Price Construction, Ltd., Big Spring, Texas in the amount of $90,791.85. The total contract amount is $ 383,012.50. Funding is available in the 1998 Sewer Bond. INITIATED BY: STAFF SOURCE: Larry Dovalina, City Manager Adrian G. Montemayor, Interim Utilities Director PREVIOUS COUNCIL ACTION: Awarding a construction contract on 8/1/2005. Approval change order # 1 and extension of time on 3/6/06. BACKGROUND SUBJECT: MOTION The construction of this sanitary sewer line created a relief to the problem of surcharge existing at the east of the intersection of US83 and Santa Clara Avenue. The completion of this project was April 14,2006. - Original Contract $324,578.50 120 days - Change Order #I $ 58,344.00 60 days Total $383,012.50 180 days FINANCIAL IMPACT: Funding is available in the 1998 Sewer Bond Acct # 559-4275-538-0275 and retainage Acct # 559- 0000-206-0 1 10 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: No action from Committee was necessary. To accept the project and release of final payment. DATE: SUBJECT: MOTIONS 08/14/06 Consideration to award supply contract number FY06-111 to the low bidder, National Waterworks, San Antonio, in the base amount of $1 10,990.56 for the purchase of rubber couplings and fittings used for wastewater applications for the Utilities Department. This will be a sixty (60) day supply contract with an option to extend for an additional sixty days. These materials are purchased on an as needed basis by the Utilities Departrnent- Wastewater Operations for construction and repair projects. I Funding is available in the Utilities Department budget. INITIATED BY: I STAFF SOURCE: Horacio Deleon, Adrian G. Montemayor, Interim Utilities Director Assistant City Manager Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City received two bids for awarding a contract for providing the Utilities Department with wastewater rubber couplings. Staff is recommending that a contract be awarded to the low bidder, National Waterworks. The bid pricing will be firm fixed for 60 days fiom the date of award and there is an option to extend for an additional sixty days if the bid pricing is unchanged. The material providers will hold the bid pricing only for sixty days due to the unstable pricing climate. A complete bid tabulation is attached. Summary Based on Bid Evaluation Criteria Description National Waterworks Ferguson Alamo Iron Works ) Section I -PVC Couplings, PVC to Clay $ 1,532.60 $ 4,527.20 - Section II -PVC Couplings, PVC to PVC $ 3,514.00 $ 18,117.00 - Section III -PVC Pipe and Fittings $ 55,960.32 $ 57,878.24 - Section AJ -PVC Fitting Wastewater App. $ 17,932.24 $ 19,432.94 - Section V -PVC Sewer Fittings $ 32,051.40 $ 44,598.60 - Total $110,990.56 $144,553.98 NO BID FINANCIAL IMPACT: The purpose of this contract is to establish prices for the commodities or services needed, should the City need to purchase these commodities or services. The City's obligation for performance of this contract beyond the current fiscal year is contingent upon the availability of appropriated fimds fiom which payments for the contract purchases can be made. If no fimds are appropriated and budgeted during the next fiscal year, this contract becomes null and void. Account Number: 559-0000-141 -0000 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be approved. COUNCIL COMMUNICATION DATE: I SUBJECT: MOTIONS 08/14/06 Consideration to award supply contract number FY06-110 to the low bidder, National Waterworks, San Antonio, Texas in the estimated amount of $250,000.00 for the purchase of PVC pipe used by the Utilities Department. This will be a sixty (60) day supply contract with an option to extend for an additional sixty days. These materials are purchased on an as needed basis for construction and repair projects. The City received a lower bid from Ferguson Waterworks, Mission, Texas; however, this vendor has submitted a letter withdrawing their bid because they submitted bids on the wrong grade of PVC pipe. Funding is available in the Utilities Department budget. INITIATED BY: STAFF SOURCE: Horacio Deleon, Adrian G. Montemayor, Interim Utilities Director Assistant City Manager Francisco Meza, Purchasing Agent I PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City received two bids for awarding a contract for providing the Utilities Department with PVC pipe. Staff is recommending that a contract be awarded to the low bidder, National Waterworks. The bid pricing will be firm fixed for sixty days from the date of award and there is an option to extend for an additional sixty days if the bid pricing is unchanged. The material providers will hold the bid pricing only for sixty days due to the unstable pricing climate. A complete bid tabulation is attached. Ferguson Waterworks National Waterworks Estimated Item Description Quantity Unit Price Unit Price 1 2" Pipe, 20'joints 1,000 Feet $ 0.47 $ 0.58 2 3" Pipe, 20'joints 100 Feet $ 1.00 $ 1.10 3 4" Pipe, CL200 100 Feet $ 2.95 $ 3.04 4 6" Pipe, CL200 10,000 Feet $ 5.78 $ 5.67 5 8" Pipe, CL200 10,000 Feet $ 9.95 $ 10.07 6 12" Pipe, CL200 10,000 Feet $ 21.39 $ 21.41 7 16" Pipe, DR- 18 10,000 Feet $ 21.99 $ 30.55 8 10" Pipe, CL200 1,000 Feet $ 15.25 $ 18.51 9 14"Pipe, DR-18 1,000 Feet $ 17.05 $ 28.43 10 2OVPipe,DR-18 1,000 Feet $ 34.95 $ 42.29 11 24"Pipe,DR- 18 1,000 Feet $ 50.50 $ 67.73 FINANCIAL IMPACT: The purpose of this contract is to establish prices for the commodities or services needed, should the City need to purchase these commodities or services. The City's obligation for performance of this contract beyond the current fiscal year is contingent upon the availability of appropriated funds from which payments for the contract purchases can be made. If no funds are appropriated and budgeted during the next fiscal year, this contract becomes null and void. Account Number: 557-0000- 141-0000 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be approved. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Accepting the U.S. 83 / SH 359 Utility Relocations; and approving final payment 8/14/06 in the amount of $47,306.14 to J. Solis Maintenance & Welding Service, Laredo, Texas, for a total, final contract amount of $294,038.44. Further, approving change order #1 in the amount of a net decrease of $28.56 and extending the contract period by 90 working days for a total of 150 working days. Funding for the final payment will come from the Retainage Payables accounts and the 1998 Water Bond. INITIATED BY: STAFF SOURCE: Larry Dovalina, City Manager Pablo G. Martinez, P.E., Utilities Engineering Manager 1 PREVIOUS COUNCIL ACTION: Construction contract awarded on 8/15/2005. I 1 BACKGROUND: The relay of the sanitary sewer line provides services to all the properties along Arkansas Ave, between Chacon St. and Willow St., the extra water service lines provide services to the lot at the northwest intersection of Chacon St & US 83. This change order consists of the relay to an 8" sanitary sewer pipe and adjusting all the sanitary sewer services along Arkansas Ave. between Chacon St. & Willow St., the installation of a water service line at the intersection of Chacon & US 83 and the deduction of 3 sanitary sewer manholes, tie-in (cuts), 45 degree bends reducers, and 70 feet of 8" water line. The credit given to this project was due to the scope of work given at the jobsite. The contractor, per this change order includes material and labor. The completion of this project with approved change order was June 30,2006. - Original Contract $294,067.00 60 working days - Change Order #1 -$ 28.56 90 working days Total $294,038.44 150 working days FINANCIAL IMPACT: Funding for the final payment will come from the 1998 Water Bond 557-41 98-538-0141 and Retainage Payables (559-0000-206-01 10 & 557-0000-206-01 10). COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: No action from Committee was necessary; To accept the project, approve the change order therefore staff recommends accepting the and release of the final payment. motion. COUNCIL COMMUNICATION DATE: SUBJECT: MOTION Approving Amendment #6 to a contract with Foster Engineering, Co., Laredo, Texas by 8/14/06 the amount of $12,575.00 to redesign planslprofiles for the streets within Pueblo Nuevo - Wastewater Collection and Water Distribution Improvements Project. The total contract amount is $525,913.00 and is subject to the approval of the TWDB. Funding is available in the Colonias Project Fund. INITIATED BY: STAFF SOURCE: Larry Dovalina, City Manager Adrian Montemayor, Interim Utilities Director PREVIOUS COUNCIL ACTION: Amendment No. 1 to Foster Engineering Co., was awarded on September 4,200 1, Amendment #2 on November 19,200 1, Amendment #3 on August 16,2004 Amendment #4 on February 7,2005, and Amendment #5 on June 05,2006 BACKGROUND: This amendment No.6 has been verbally approved by the Texas Water Development Board to redesign plans/profiles for the streets within Pueblo Nuevo - Wastewater Collection and Water Distribution Improvements Project The Basic engineering and surveying services will be conducted by Foster Engineering, Co., Original engineering contract amount...... $284,000.00 Amendment No. 1...... $18,300.00 Amendment No.2...... $97,500.00 Amendment No.3...... $2 1,400.00 Amendment No.4...... $9,988.00 Amendment No.5...... $82,150.00 Amendment No.6...... $12,575 .OO Total contract amount ...... $525,9 13.OO FINANCIAL IMPACT: Funding is available in the Colonias Construction Fees (Acct. #45 1-83 10-533-55 12) COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: To Approve Motion NIA COUNCIL COMMUNICATION DATE: MOTION: 08/14/2006 Ratify and approve action taken by the City Manager on June 5,2006 to authorize an emergency purchase order in an amount not to exceed $44,000.00 to Fergusson for the purchase of fittings, valves and fire hydrants for the construction of the 16" water line along FM1472 from San Gabriel to the Mines Road elevated storage tank. I I INITIATED BY: I STAFF SOURCE: Larry Dovalina, City Manager Adrian G. Montemayor, Interim Utilities Director PREVIOUS COUNCIL ACTION: BACKGROUND: EMERGENCY PURCHASE ORDER AUTHORIZED: On June 5,2006 the City Manger approved the emergency purchase order to Fergusson, in order to obtain the fittings, valves and fire hydrants for the construction of the 16" water line along FM 1472 from San Gabriel to the Mines Road Elevated Storage Tank, the contract from Fergusson to purchase of materials exceed the amount approved by City Council. FINANCIAL IMPACT: Funding is available in 1999 Certificate of Obligation Account Number 557-4 197-538-0 1 74 TXDOT Improvements COMMITTEE RECOMMENDATION: I STAFF RECOMMENDATION: Recommend approve the motion COUNCIL COMMUNICATION ------pp DATE: SUBJECT: MOTION Approval of change order #I to Jimmy Closner and Sons Construction Co., Inc., Mercedes, Texas, deducting the amount of $4,337.50, for the construction of the Mines Road Work Order #2 - Water Main and Pump Station Project, subject to the approval of the TWDB; and extending the contract time for an additional 409 calendar days. The revised contract amount is $1,992,215.75. The new construction time including this change order will be 739 calendar days. Funding is available in the Colonias Project Fund and Water Works Fund. INITIATED BY: STAFF SOURCE: Lany Dovalina, City Manager Adrian G. Montemayor, Interim Utilities Director I PREVIOUS COUNCIL ACTION: Construction contract awarded on 1111 512004 and amended on 1110105. BACKGROUND: The construction of this water line and booster station is intended to serve all Colonias within Mines Road Planning Area and is subject to the TWDB approval. The contractor, per this change order will do the following: 1. Supply and install a 12x 8 reducer, 30 feet of 8inch C-900 PVC, and 8" gate valve at the end of the pipeline at station 89+15 refer to ehbit (increased to contract $2,962.50). 2. Supply and install two 16" butterfly valves on inlet and outlet pipelines on Mines Road pump station site as shown on attached exhibit. (Increase of contract $4,950). 3. Supply and install one 8" gate valve at Los Corralitos supply line as shown on the attached exhibit near Pico Road (increase to contract $3,200). 4. Provide credit for the different coating system used on the Tank. System specified is glass, system requested by the contractor and approved by the Utilities Department Trico Bond Thermoset Epoxy. (decrease in contract $7,000) 5. Provide credit on the installation of 2" ARVs on FM 1472 in lieu of 3" ARVs, bid documents have 5-3" ARVs contractor installed 6-2" ARVs (decrease in contract $8,450). The expected completion of this project with approved change order is March 21,2007. - Original Contract $1,996,553.25 330 Days - Change Order #I -$ 4,337.50 409 Days Total $ 1,992,215.75 739 Days FINANCIAL IMPACT: Funding is available in the Colonias Project Acct. # 451 -83 10-535-9301 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: No action from Committee was necessary, To approve the change order and extension of therefore staff recommends to award. time DATE: 1 SUBJECT: MOTION Adopting the state and federal legislative agendas. INITIATED BY: STAFF SOURCE: Larry Dovalina, City Manager Jessica L. Hein, Communications and Administrative Support Services Department I PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Legislative Committee members will be considering the state and federal legislative issues for the City of Laredo on Monday, August 14, 2006, to make their recommendation to City Courici!. Draft state ar:d federa! legislative agendas were distributed to all Council Members in their Friday mail packet. FINANCIAL IMPACT: None. COMMITTEE RECOMMENDATION: I STAFF RECOMMENDATION: To be announced during the City Council Approval of this Motion. meeting. COUNCIL COMMUNICATION I DATE: I SUBJECT: MOTION I 8/14/06 Authorizing the City Manager to enter into contract with the consulting firms named below for intergovernmental, informational, and advocacy services to be provided to the City of Laredo during the period of October I,2006 through September 30, 2007. Funding is available in the General Fund Purchased Professional Services Account and the Laredo Bridge System Fund. The annual Washington, D.C. reception expenses will be reimbursed through private sector I I sponsorships. I Miller Van Eaton, P.L.L.C., Washington, D.C., in the amount of $90,000 plus out of pocket expenses not to exceed $1 1,550 and up to $30,000 for expenses to be incurred for the annual Washington, D.C. reception; for a total contract amount of $131,550; Government Relations Consultants, Oakton, Virginia, in the amount of $90,000.00 plus travel and other out of pocket expenses that must be pre-approved, said expenses not to exceed an agreed upon amount; Baker Botts, LLP, Austin, Texas in the amount of $74,000, plus out of pocket expenses not to exceed $5,000.00 and that must be pre-approved McWilliams & Associates, Austin, Texas, in the amount of $60,000; and lnfrastructure Solutions, Inc., Austin, Texas, in the amount of $120,000, plus travel expenses that must be pre-approved, said expenses not to exceed an agreed upon I I amount. I All contract awards are contingent upon approval of the 2006-2007 annual bud et. INITIATED BY: 1 STAFF SOURCE: i Larry Dovalina, City Manager Blasita J. Lopez, Public Information Manager Cynthia Collazo, Deputy City Manager Jessica Hein, Communications and Adm. Support Services Director PREVIOUS COUNCIL ACTION: On October 17, 2005 City Council approved award of individual contracts with Miller Van Eaton, P.L.L.C., Governmental Relations Consultants, Baker Botts, LLP and McWilliams and Associates. Additionally, on May 7, 2001, City Council approved an award of a contract to lnfrastructure Solutions, Austin, Texas, for professional consulting services. BACKGROUND: Combining all the contractual amounts, with the exception of Infrastructure Solutions, Inc. and Washington, D.C. reception expenses, as proposed above, comes to a total of $330,550. The projected General Fund expenses allocation of $348,612 is in account #I01 -981 0-593- 5526. Annual Washington, D.C. reception expenses are to be reimbursed through private sector sponsorships. lnfrastructure Solutions, Inc., is paid from a Bridge Fund account due to the project specific nature of the consultants work. Bridge Fund Account #553-4062-555-5526 has a projected $500,000.00 appropriation for FY 2006-2007. All contracts are contingent upon approval of the 2006-2007 annual budget. FINANCIAL IMPACT: Purchased Professional Services/Consultant Fees Account # 101-981 0-593-5526 Bridge Fund Account #553-4062-555-5526. Annual Washington, DC reception expenses are to be reimbursed through private sector sponsorships. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Pending Legislative Liaison committee review on August 14, 2006, with a recommendation at City Council XI. STAFF REPORTS 65. A. Presentation by Mr. Wayne Belzer of the International Boundary and Water Commission (IBWC), regarding the Clean Rivers Program and water quality of the Rio Grande. B. Status report on the water and sewer line extensions for Highway 359 Colonias Project. C. Presentation by Dan Migura, Human Resources Director, regarding the retirement status of United Water employees re-employed by the City of Laredo. D. Committee report on third party funding procedure and funding recommendations, with possible action. XII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS 'l Request by Mayor Raul G. Salinas 1. Discussion with possible action on support for the FirelPolice Civil Service Program. Request by Council Member Mike Garza 1. Discussion with possible action on utilities disconnects. Request by Council Member Hector J. Garcia 1. Discussion with possible action on a traffic study and installation of a traffic signal at the intersection of New Port Street and Clark Boulevard at the Eastwoods subdivision. Request by Council Member Dr. Micheal Landeck 1. Discussion with possible action for the approval of a conditional reconsideration of the Slaughter Park design in which the three (3) soccer fields and the Championship Soccer field components remain as planned. Request by Council Member Johnny Amaya 1. Status report on the installation of shades at various parks, with possible action. Request by Council Member Gene Belmares 1. Discussion with possible action on removing the bushes and installing pavers along the median beginning at the intersection of San Dario and Del Mar Boulevard. 2. Discussion with possible action on installing a valley gutter at Lyles Loop. Request by Council Member Juan Chavez 1. Discussion with possible action on developing an ordinance to prohibit farm, construction, industrial and warehouse machinery and/or motorized equipment from using public streets (i.e. forklifts, backhoes, mowers etc.) The ordinance should allow for exceptions when machinery or equipment is assigned to a worksite in the immediate area and uses the public street. 2. Report on the number of traffic citations issued to truck drivers that violate the No Truck Zone along Mines Road between Bristol Road and Big Bend Blvd., with possible action. 3. Discussion with possible action on purchasing a voting system for the City Council meetings. 4. Discussion with possible action on creating a No Parkingrrow Away Zone on Tesoro Plaza, north of West Calton Rd. and ending at the Fireman's Union Hall. I. Request by Mayor Pro-Tempore Juan Ramirez 1. Discussion with possible action on a proposal that the City Fleet Division maintain El Metro buses. -1 COUNCIL COMMUNICATION [DATE: ISUBJECT: EXECUTIVE SESSION Request for Executive Session pursuant to Texas Government Code Section 55 1.072 in 08- 14-06 order to deliberate on the value and the possible sale of real property near the Laredo International Airport, 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 on conducting a public sale to dispose of an approximate 88.6913-acre tract of non-aeronautical use land located on the east side of Bob Bullock Loop fronting the Laredo International Airport Passenger Terminal together with lease encumbrance by a lease agreement with Laredo Town Center, L. P. I INITIATED BY: Rafael Garcia STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Director PREVIOUS ACTION: On September 27,2004 City Council, on a recommendation from the Airport Advisory Committee and Staff, rejected a bid from Merchants Holding Company, predecessor to Laredo Town Center, L.P. on an approximate 53.0548-acre tract constituting a portion of the subject 88.6913-acre tract and authorized the City Manager to negotiate a lease with Merchants Holding Company. The recommendation to reject the bid n the approximate 53.0548-acre tract was because the bid offer contained conditions precedent to closing hich could not be satisfied. 1 On March 29,2005 City Council approved a long-term (40 years) lease agreement by Ordinance No. 2005- 0-060 with Laredo Town Center, L.P. to the subject approximate 88.6913-acre tract. BACKGROUND: If Council approves the disposal of the subject approximate 88.6913-acre tract, an appraisal will be commissioned to determine the fair market value and to establish a minimum bid amount. he projected revenues, subject to City Council approval, would be used to fund several airport projects to enhance safety, capacity and compatibility. FINANCIAL: An appraisal will determine the minimum bid amount acceptable to City and ultimately the bid amount will determine the financial impact. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Item will be discussed during Executive Session. Item will be discussed during Executive Session. CITY COUNCIL MEETING AS MASS TRANSIT BOARD COMMUNICATION DATE: I SUBJECT: MOTION AUTHORIZING THE CITY MANAGER TO APPLY FOR STATE PUBLIC TRANSPORTATION FUNDS IN THE AMOUNT OF $634,934.00 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION WHICH IS AUTHORIZED TO DISTRIBUTE STATE FUNDS FOR TRANSIT CAPITAL AND OPERATING ASSISTANCE IN URBANIZED AREAS UNDER 200,000 IN POPULATION. INITIATED BY: STAFF SOURCE: Larry Dovalina, City Manager Ronald Moore, Transit General Manager I PREVIOUS COUNCIL ACTION: None. BACKGROUND: On July 27,2006, the Texas Transportation Commission passed Minute order 11061 1. This minute order awards $28,741,067.00 in state public transportation hnds to the small urban and nonurbanized area formula programs for FY 2007. The FY 2007 state allocation for Laredo is $634,934.00. FINANCIAL: The state allocation for Laredo is $634,934.00 TRANSIT COMMITTEE: I STAFF RECOMMENDATION: Item was reviewed by the Transit Committee on Staff recommends approval. July 13,2006. LAREDO MUNICIPAL HOUSING CORPORATION i 1 DATE: I SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE A public hearing and introductory ordinance authorizing the Laredo Municipal Housing Corporation (LMHC) to establish and charge rental amounts at the Jose August 14, 2006 Flores Apartment Complex as follows: 2 bedroom units $444.00; 3 bedroom units $570.00; and 4 bedroom units $661.00. The deposit amounts for new tenants on or after October 1,2006 will be established as the same as the monthly rental amount. INITIATED BY: STAFF SOURCE: Mr. Horacio De Leon Ms. Ronnie Acosta Assistant City Manager Community Development Director PREVIOUS BOARD ACTION: On July 17,2006 the LMHC Board of Directors made a motion and passed instructing staff to establish rents for the 2,3, and 4 bedrooms by $25.00; $50.00; and $75.00 respectively. BACKGROUND: On July 17,2006 the LMHC Board of Directors motioned and instructed staff to establish the rental rates at the Jose Flores Apartment Complex to reflect the rental rates as established below in the financial section to become effective on October 1,2006. The proposed rental rents are still lower than comparable sized apartments in the community. In addition to providing affordable rents to the community, LMHC also provides water and sewer utility services, garbage collection, capital improvements and maintenance repairs to all rental units. All units at the Jose A. Flores apartments have been completely renovated. Renovations included replacing kitchen cabinets, (including sink & faucets), utility room, air conditioning & heating, floor tile, new roofs, door replacements, windows (where needed) and window and door screens. FINANCIAL: Jose L. Flores Apartments Current Proposed Increase of: 2 bedroom $419.00 $444.00 $25.00 3 bedroom $520.00 $570.00 $50.00 4 bedroom $586.00 $661.00 $75.00 COMMITTEE RECOMMENDATIONS: STAFF: Recommends approval None. of Introductory Ordinance. ORDINANCE AN INTRODUCTORY ORDINANCE AUTHORIZING THE LAREDO MUNICIPAL HOUSING CORPORATION (LMHC) TO ESTABLlSH AND CHARGE RENTAL AMOUNTS AT THE JOSE FLORES APARTMENT COMPLEX AS FOLLOWS; 2 BEDROOM UNITS AT $444.00; 3 BEDROOM UNITS AT $570.00; AND 4 BEDROOM UNITS AT $661.00 EFFECTIVE OCTOBER 1, 2006. DEPOSIT AMOUNTS FOR NEW TENANTS ON OR AFTER OCTOBER 1, 2006 WILL BE ESTABLISHED AT THE SAME AS THE RENTAL AMOUNT. WHEREAS, the LMHC Board of Directors passed Resolution 2004-0-001 in October 1,2004 establishing rental rates at the Jose Flores Apartment Complex and directing staff to adjust the rental rates every two years at 80% of HUD's fair market rents. WHEREAS, on July 17, 2006, the LMHC Board of Directors recommended and instructed staff that the rental amounts at the Jose Flores Apartment Complex not reflect HUD's Fair Market Rents but increase the units according to the above mentioned passage. WHEREAS, the rental units at the Jose Flores Apartments must meet local code and be maintained in a decent, safe, and sanitary condition. WHEREAS, the proposed rents at the Jose A. Flores Apartments remain affordable in comparison to the Laredo market. WHEREAS, in addition to providing affordable rental rates to the tenants, LMHC also provides water, garbage collection, maintenance repairs and capital improvements to all rental units. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE LAREDO MUNICIPAL HOUSING CORPORATION THAT: Section 1. The Laredo Municipal Housing Corporation Board of Directors approve and adopt this Ordinance; Section 2. Resolution 2004-RMH-001 shall become null and void upon passage of this new Ordinance; Section 3. The new rental rates for the rental units are as follows: Jose L. Flores Apartments Current Proposed Oct. 1,2006 Increase by 2 bedroom $419.00 $444.00 $25.00 3 bedroom $520.00 $570.00 $50.00 4 bedroom $586.00 $66 1.OO $75.00 Section 4. The proposed rental rates remain affordable as compared to Laredo's rental market. 1 PASSED AND APPROVED BY THE BOARD OF DIRECTORS OF THE LAREDO MUNICIPAL 'I HOUSING CORPORATION ON THIS DAY OF ,2006. RAUL SALINAS PRESIDENT ATTEST: GUSTAVO GUEVARA, JR. SECRETARY APPROVED AS TO FORM: 5 ASSISTANT CITY ATTORNEY