COUNCIL COMMUNICATION

DATE:                        SUBJECT:  FINAL READING  ORDINANCE #2002-0-055

03-25-02                      Authorizing the City Manager to execute a lease with Corpus

                                    Christi SMSA Limited Partnership, d/b/a Cingular Wireless, by

                                    its General Partner, Southwestern Bell Wireless, L.L.C.

                        for ground space at the Fire Station located at  5210 Hwy 359      

                                    Laredo, Webb   County, Texas and being more  fully Described in Exhibit .

                                    “A” of lease agreement to construct on such premises  a 100 ft. high monopole  

                                    and related equipment building for use with its communications business.

                                    Term of the lease is ten (10) years commencing March 25, 2002

                                    And ending  March 24, 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 adjusted by four percent

                                    (4%) on each anniversary of the commencement date, providing for

                                    effective date.

 

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INITIATED BY:                                            STAFF SOURCE:

Larry Dovalina, City Manager                     Larry Dovalina, City Manager

______________________________________________________________________________

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

 

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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, six with Southwestern Bell

Wireless, one with Omni America, four with Alamosa, PCS, one with American Tower, one

with STPCS three with Nextel Partners and three with Verizon Wireless.

 

The Telecommunications Commission at its February 27th , 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.

______________________________________________________________________________

RECOMMENDATION:                              STAFF:

The Telecommunications Commission         Staff concurs with the recommendation of

recommends approval.                                   the commission.

 

 

ORDINANCE 2002-0-055

 

 

AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH CORPUS CHRISTI SMSA LIMITED PARTNERSHIP D/B/A CINGULAR WIRELESS, BY ITS GENERAL PARTNER, SOUTHWESTERN BELL WIRELESS, L.L.C., FOR A GROUND LEASE AT THE FIRE STATION LOCATED AT 5210 HWY 359, LAREDO, WEBB COUNTY, TEXAS, TO CONSTRUCT ON SUCH PREMISES A ONE HUNDRED (100) FOOT HIGH SELF-SUPPORTING MONOPOLE AND RELATED EQUIPMENT BUILDING FOR USE IN CONNECTION WITH ITS COMMUNICATIONS BUSINESS.

 

1.     TERM OF THE LEASE IS TEN (10) YEARS COMMENCING ON MARCH 25, 2002 AND ENDING MARCH 24, 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 ADJUSTED 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 Corpus Christi SMSA Limited Partnership, d/b/a Cingular Wireless, by its General Partner, Southwestern Bell Wireless, L.L.C. (“Tenant”), for a ground lease at the Fire Station located at 5210 Hwy 359 Laredo, Webb County, Texas,   to construct  on such premises a one  hundred (100)  foot high self-supporting monopole and related equipment for use in connection with 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 Corpus Christi SMSA Limited Partnership, d/b/a Cingular Wireless, by its General Partner, Southwestern Bell Wireless, L.L.C. for a ground lease at the Fire Station located at 5210 Hwy 359, Laredo, Webb County, Texas,  to construct on such premises a one hundred (100) foot high self-supporting monopole and related equipment building for use in connection with its communications business, 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 MARCH 25, 2002.

 

 

 

________________________

ELIZABETH G. FLORES

MAYOR

 

 

ATTEST:

 

________________________

GUSTAVO GUEVARA, JR.

CITY SECRETARY

 

APPROVED AS TO FORM:

 

JAIME L. FLORES

CITY ATTORNEY

 

________________________

BY:  Allan W. McGraw

Assistant City Attorney