COUNCIL COMMUNICATION

DATE:                        SUBJECT:  FINAL READING  ORDINANCE 2002-0-117

06-03-02                      Authorizing the City Manager to execute a lease with Texas #20

                                    Rural Cellular, Inc. d/b/a “U.S. Cellular”, a Texas corporation,  for

                                    space at the South Laredo Elevated Water Storage Tank  located at      

2210 Mexico Ave., 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 five (5 ) years commencing June 3, 2002

                                    And ending June 2, 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.

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INITIATED BY:                                            STAFF SOURCE:

Larry Dovalina, City Manager                     Larry Dovalina, City Manager

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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 six leases with United States Cellular, four with Southwestern Bell

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

with STPCS, three with Nextel Partners;  three with Cingular Wireless, three with Verizon.

 

The City Council at its May 20th meeting approved the introductory reading of this ordinance.

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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.

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RECOMMENDATION:                              STAFF:

The Telecommunications Commission         Staff concurs with the recommendation of

recommends approval.                                   the commission.

 

 

ORDINANCE  2002-0-117

 

 

AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH TEXAS #20 RURAL CELLULAR, INC., D/B/A “U.S. CELLULAR”, A TEXAS CORPORATION, FOR SPACE AT THE SOUTH LAREDO ELEVATED WATER STORAGE TANK LOCATED AT 2210 MEXICO AVE.,  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 IN CONNECTION 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 FACILITES

 

1.     TERM OF THE LEASE IS FIVE (5) YEARS COMMENCING ON JUNE 3, 2002 AND JUNE 2, 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 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 Texas #20 Rural Cellular, Inc., d/b/a “U.S. Cellular”, a Texas Corporation (“Tenant”), for space at the South Laredo Elevated Storage Tank located at 2210 Mexico Ave., 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 Texas #20 Rural Cellular, Inc., d/b/a “U.S. Cellular”, a Texas Corporation, for space at the South Laredo Elevated Water Storage Tank located at 2210 Mexico Ave., 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, 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 JUNE 3, 2002

 

 

________________________

ELIZABETH G. FLORES

MAYOR

 

ATTEST:

 

________________________

GUSTAVO GUEVARA, JR.

CITY SECRETARY

 

APPROVED AS TO FORM:

 

JAIME L. FLORES

CITY ATTORNEY

 

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BY:  ALLAN W. McGRAW

ASSISTANT CITY ATTORNEY