SUBJECT: FINAL READING ORDINANCE 2002-0-011

Authorizing the City Manager to execute a lease with San Antonio

MTA, L.P. d/b/a Verizon Wireless for ground space at the Milmo

Booster Station located at the corner of San Luis and Milmo

Laredo, Webb County, Texas and being more fully described in Exhibit “A” of lease agreement to construct on such premises a 150 ft. high self-supporting tower and related equipment building for use with its communications business. Term of the lease is five (5) years commencing January 7, 2002 and ending January 6, 2007 with four (4) 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 five 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 19^th, 2001 meeting approved a motion to recommend approval by City Council.

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

RECOMMENDATION:

The Telecommunications Commission

recommends approval.

STAFF:

Staff concurs with the recommendation of

the commission.

ORDINANCE 2002-0-011

AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH SAN ANTONIO MTA, L.P. D/B/A VERIZON WIRELESS FOR GROUND SPACE AT THE MILMO BOOSTER STATION LOCATED AT THE CORNER OF SAN LUIS AND MILMO LAREDO, WEBB COUNTY, TEXAS AND BEING MORE FULLY DESCRIBED IN EXHIBIT “A” OF LEASE AGREEMENT TO CONSTRUCT ON SUCH PREMISES A 150 FEET HIGH SELF-SUPPORTING TOWER AND RELATED EQUIPMENT BUILDING FOR USE WITH ITS COMMUNICATIONS BUSINESS.

1. TERM OF THE LEASE IS FIVE (5) YEARS COMMENCING ON JANUARY 7, 2002 AND ENDING JANUARY 6, 2007, WITH AN OPTION FOR FOUR (4) 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 ground space at the Milmo Booster Station located at the corner of San Luis and Milmo, Laredo, Webb, Texas, and being more fully described in Exhibit A of lease agreement, to construct on such premises a 150 feet high self-supporting tower and related equipment building for use in its communications business, 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 ground space at the Milmo Booster Station located at the corner of San Luis and Milmo, Laredo, Webb County, Texas and being more fully described in Exhibit “A” of lease agreement to construct on such premises a 150 feet high self supporting tower and related equipment building for use with its communications business, 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