01-13-03

SUBJECT: FINAL READING OF ORDINANCE 2003-0-014

AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH NEXTEL WIP LEASE CORP. A DELAWARE CORPORATION, D/B/A NEXTEL PARTNERS, FOR SPACE ON THE ROOFTOP OF THE LAREDO TRANSIT CENTER LOCATED AT 1301 FARRAGUT, 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 PORTION WITHIN THE OWNED PREMISES FOR THE LOCATION OF AN EQUIPMENT BUILDING AND RELATED FACILITES ASSOCIATED WITH THE ANTENNAE FACILITIES.

INITIATED BY:

Larry Dovalina, City Manager

STAFF SOURCE:

Larry Dovalina, City Manager

PREVIOUS COUNCIL ACTION:

Council at its December 16, 2002 meeting approved the introductory reading of this ordinance.

BACKGROUND:

Nextel Corporation wishes to enter into a lease agreement for rental of space on the rooftop of Transit Center for the installation of antennae facilities. Nextel will install a facility that will receive and transmit wireless communications.

FINANCIAL IMPACT:

Base rent will be $8,400.00 annually with a 3% fixed increase. Rent will be deposited into Telecommunications Rentals (518-0000-361-2006).

LMI BOARD RECOMMENDATION:

Approved by the LMI Board of Directors at their November 12, 2002 board of director’s meeting.

STAFF RECOMMENDATION:

Approval of this lease agreement.

ORDINANCE 2003-0-014

AUTHORIZING THE CITY MANAGER TO GRANT A LICENSE TO ALESTRA S. DE R.L. DE C.V., A MEXICAN CORPORATION, FOR THE USE OF A TELECOMMUNICATIONS PVC CONDUIT LOCATED AT THE JUAREZ-LINCOLN INTERNATIONAL BRIDGE AND THE USE OF 47 LINEAR FEET OF CITY RIGHT OF WAY FROM THE RIVER BANK TO THE 500 BLOCK OF ITURBIDE STREET, LAREDO, WEBB COUNTY, TEXAS.

1. LICENSE TERM IS FIVE (5) YEARS COMMENCING ON JANUARY 13, 2003 AND ENDING JANUARY 12, 2008.

2. ANNUAL RENT SHALL START AT $7,600.00 WITH A FIVE PERCENT (5%) INCREASE EACH ANNIVERSARY DATE PLUS $5.00 PER LINEAR FOOT PER YEAR FOR THE USE OF THE RIGHT OF WAY; PROVIDING FOR EFFECTIVE DATE.

WHEREAS, the Telecommunications Commission recommends that the City Council approve the license between the City of Laredo, as LESSOR and Alestra S. de R.L. de C.V., a Mexican Corporation as LESSEE, for the use of a PVC conduit located at the Juarez-Lincoln International Bridge and 47 linear feet of right of way from the river bank to the 500 block of Iturbide Street in furtherance of the development of the City of Laredo Telecommunications infrastructure.

WHEREAS, the Telecommunications Commission finds that said license 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 grant a license to Alestra S. de R.. de C.V., a Mexican Corporation for the use of a PVC conduit located at the Juarez-Lincoln International Bridge and 47 linear feet of right of way from the river bank to the 500 block of Iturbide Street, Laredo, Webb County, Texas, a copy of which license 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 the passage hereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE 13^th DAY OF JANUARY, 2003.

_______________________

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