Date

01/14/02

SUBJECT:  FINAL READING ORDINANCE 2002-0-010

Authorizing the City Manager to execute a lease with San Antonio MTA, L.P. , d/b/a Verizon Wireless for  space at the Airport Water Tower located at 4903 Maher, Laredo, Webb County, Texas and being more  fully described in Exhibit “A” of lease agreement  for the installation and operation of certain antennae facilities for use with its communications business and a parcel of  land within the Owned Premises for the location of an equipment building and related facilities associated with the antennae facilities.  Term of the lease is ten  (10) years commencing January 7, 2002

And ending January 6, 2012  with three (3)  successive renewal terms of five (5) years.  Annual base rent shall be $8,400.00 each year during the term of the lease and will be increased by four percent (4%) on each anniversary of the commencement date, providing for effective date.

INITIATED BY:

Larry Dovalina, City Manager

STAFF SOURCE:

Larry Dovalina, City Manager

ACTION PROPOSED:  That the City Council approve the final reading of this ordinance.

BACKGROUND:

 

The Telecommunications Commission has proposed the use of City of Laredo property to promote the orderly growth and placement of cellular tower sites in our municipality.  City staff has diligently attempted to regulate the proliferation of towers in our community by promoting the use of water tanks and other structures.

 

The City currently has six leases with United States Cellular, five with Southwestern Bell Wireless, one with Omni America, four with Alamosa, PCS, one with American Tower, one with STPCS, three with Nextel Partners and two with Cingular Wireless.

 

The Telecommunications Commission at its September 19th, 2001 meeting approved the recommendation of this lease.

FINANCIAL:  The city will receive an annual rent of $8,400.00 with a 4% increase each succeeding year.  Rent will be credited to General Fund-Telecommunication Revenue Line item #101-0000-361-2006.

RECOMMENDATION:

The Telecommunications Commission

recommends approval.

STAFF:

Staff concurs with the recommendation of

the commission.

 

ORDINANCE  2002-0-010

 

 

AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH SAN ANTONIO MTA, L.P. D/B/A VERIZON WIRELESS SPACE AT THE AIRPORT WATER TOWER LOCATED AT 4903 MAHER, LAREDO, WEBB COUNTY, TEXAS AND BEING MORE FULLY DESCRIBED IN EXHIBIT “A” OF LEASE AGREEMENT FOR THE INSTALLATION AND OPERATION OF CERTAIN ANTENNAE FACILITIES FOR USE WITH ITS COMMUNICATIONS BUSINESS AND A PARCEL OF LAND WITHIN THE OWNED PREMISES FOR THE LOCATION OF AN EQUIPMENT BUILDING AND RELATED FACILITIES ASSOCIATION WITH THE ANTENNAE FACILITIES.

 

1.     TERM OF THE LEASE IS TEN (10) YEARS COMMENCING ON JANUARY 7, 2002 AND ENDING  JANUARY 6, 2012, WITH AN OPTION FOR THREE  (3) SUCCESSIVE RENEWAL TERMS OF FIVE (5) YEARS.

2.     THE ANNUAL BASE RENT SHALL BE $8,400.00  EACH YEAR DURING THE TERM OF THE LEASE AND WILL BE INCREASED ON EACH ANNIVERSARY OF THE COMMENCEMENT DATE BY FOUR PERCENT (4%), PROVIDING FOR EFFECTIVE DATE.

 

            WHEREAS, the Telecommunications Commission recommends that the City Council approve the proposed lease between the City of Laredo (“Landlord”) and San Antonio MTA, L.P., d/b/a Verizon Wireless (“Tenant”), for space at the Airport Water Tower, located at 4903 Maher,  Laredo, Webb County, Texas, for the installation and operation of certain antennae facilities for use with its communications business and a parcel of land within the Owned Premises for the location of an equipment building and related facilities associated with the antennae facilities, as a contract and in furtherance of the development of the City of Laredo Telecommunications infrastructure.

 

            WHEREAS, the Telecommunications Commission finds that said lease and contract are in the best interest of the City of Laredo and

 

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

 

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

 

Section 1.        The City Manager be and is hereby authorized to execute a lease with San Antonio MTA, L.P. d/b/a Verizon Wireless for space at the Airport Water Tower located at 4903 Maher, Laredo, Webb County, Texas and being more fully described in Exhibit “A” of lease agreement for the installation and operation of certain antennae facilities for use with its communications business and a parcel of land within the Owned Premises for the location of an equipment building and related facilities associated with the antennae facilities, 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.

 

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE _____ DAY OF JANUARY 7, 2002.

 

 

 

__________________________

ELIZABETH G. FLORES

MAYOR

 

ATTEST:

 

 

__________________________

GUSTAVO GUEVARA, JR.

CITY SECRETARY

 

APPROVED AS TO FORM:

 

JAIME L. FLORES

CITY ATTORNEY

 

__________________________

BY:  NELDA F. WILLIAMS

ASSISTANT CITY ATTORNEY