03-25-02

SUBJECT: FINAL READING ORDINANCE 2002-0-056

Amending Ordinance #98-0271 By Authorizing the City Manager to execute an Amendment to that certain Ground Lease between the City of Laredo and ATC Tower Services, dated October 20, 1998, for the purpose of correctly describing the property that the City of Laredo is leasing to ATC Tower Services. All terms and conditions of the lease remain in full force and effect.

INITIATED BY:

Telecommunications Commission

STAFF SOURCE:

Larry Dovalina

City Manager

PREVIOUS COUNCIL ACTION:

Council approval of the final reading of this ordinance.

BACKGROUND:

On October 20, 1998, the City of Laredo entered into a Ground Lease Agreement with OmniAmerica Development Corp., who has since merged with ATC Tower Services, for the construction of a 180 foot high self supporting type tower and related equipment building for use in its communications business, at the City of Laredo Lyon Street Water Tanks located at the intersection of Lyon St. and Meadow Ave. This lease amendment is for the purpose of correctly describing the property that the City of Laredo is leasing to ATC Tower Services. . Exhibit “A” to the original lease agreement contains the legal description but has the wrong block number. All other terms and conditions of the lease remain in full force and effect.

FINANCIAL IMPACT: NONE

RECOMMENDATION:

The Telecommunications Commission recommends approval.

STAFF RECOMMENDATION:

Concurs with the recommendation of the Commission.

ORDINANCE 2002-0-056

AMENDING ORDINANCE #98-0-271 BY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THAT CERTAIN GROUND LEASE BETWEEN THE CITY OF LAREDO AND ATC TOWER SERVICES, DATED OCTOBER 28, 1998, FOR THE PURPOSE OF CORRECTLY DESCRIBING THE PROPERTY THAT THE CITY OF LAREDO IS LEASING TO ATC TOWER SERVICES.

1. PREMISES: Lessor leases to Lessee a 100 x 80 square foot portion out of the North half of Block 836, Eastern Division of the City of Laredo Webb County, Texas, more particularly described by metes and bounds on Exhibit 1 of attached Lease Amendment. Lessee’s use of the property shall be limited to that portion of the Property, together with easements for access and utilities, and depicted in the attached Lease Amendment, Exhibit 2. The Premises are located at the City of Laredo Lyon Street Water Tanks, located at the intersection of Lyon St. and Meadow Ave., Laredo, Webb County, Texas 78040.

WHEREAS, on October 28, 1998, the City of Laredo entered into a Ground Lease Agreement with American Tower L.P., a Delaware Limited Partnership, for the construction of a 180 foot high self-supporting type tower and related equipment building for use in its communications business, at the City of Laredo Lyon St. Water Tanks located at the intersection of Lyon St. and Meadow Ave., Laredo, Webb County, Texas 78040.

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

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

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

Section 1. The City Manager be and is hereby authorized to execute a Site Ground Lease Addendum to that certain Ground Lease between the City of Laredo and ATC Tower Services, dated October 28, 1998, for the purpose of correctly describing the property that the City of Laredo is leasing to ATC Tower Services. Said Amendment is attached as Exhibit “A” to be incorporated herein as if set out at length.

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 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