COUNCIL COMMUNICATION

 

DATE:                        SUBJECT:  FINAL READING ORDINANCE 2002-O-263

10-21-02                      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 October 21, 2002

                                    And ending October 20, 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:                                            STAFF SOURCE:

Larry Dovalina, City Manager                     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 seven leases with United States Cellular, seven with Southwestern

Bell/Cingular Wireless, four with Texas Telecommunications, four  American Tower, one

with Towers of Texas, one with Nextel Partners and one with Voicestream.

 

This lease had been approved by City Council at its January 4, 2002 meeting but was not

executed due to construction delays.  Presentation to and approval by City Council at this

time is appropriate because of changes in effective date and lease term.

______________________________________________________________________________

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:                              STAFF:

The Telecommunications Commission         Staff concurs with the recommendation of

recommends approval.                                   the commission.

 

 

ORDINANCE  2002-0-263

 

 

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 OCTOBER 21, 2002 AND ENDING  OCTOBER 20, 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 OCTOBER 21, 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