March 16, 2009 - Laredo, TX

CITY OF LAREDO 

CITY COUNCIL MEETING 

A-2009-R-05 

CITY COUNCIL CHAMBERS 

1110 HOUSTON STREET 

LAREDO, TEXAS 78040 

MARCH 16, 2009 

5:30 P.M. 

DISABILITY ACCESS STATEMENT 

Persons with disabilities who plan to attend this meeting and who may need auxiliary aid or 

services are requested to contact Gustavo Guevara, City Secretary at (956) 791-7308 at least 

two working days prior to the meeting so that appropriate arrangements can be made. The 

accessible entrance and accessible parking spaces are located at City Hall, 1100 Victoria Ave. 

Out of consideration for all attendees of the City Council meetings, please turn off all cellular 

phones and pagers, or place on inaudible signal. Thank you for your consideration. 

I. CALL TO ORDER 

II. 

III. 

IV. 

PLEDGE OF ALLEGIANCE 

ROLL CALL 

MINUTES 

Approval of the minutes of March 2, 2009. 

V. COMMUNICATIONS AND RECOGNITIONS 

Recognitions 

Recognizing the Trautman Middle Cheerleaders for winning At-Large Jr. Middle 

School Division at the National Champions in Dallas, Texas and for being invited 

to the World Bids National Cheerleading Competition in Puerto Rico. 

Communiqués 

a. Presentation by Sylvia Martinez on creating a complete count committee for 

Census 2010. 

Citizen comments 

Citizens are required to fill out a witness card and identify themselves at the microphone. 

Comments should be relevant to City business and delivered in a professional manner. No 

derogatory remarks will be permitted. There is a time limit of three minutes per speaker.

VI. 

APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES 

a. Appointment by Mayor Raul G. Salinas of Carlos Salinas to the 

Telecommunications Advisory Committee. 

b. Appointment by Council Member Mike Garza of Hector Juan Perez to the 


c. Appointment by Council Member Hector “Tito” Garcia of Larry Dovalina to the 


d. Appointment by Council Member Hector “Tito” Garcia of Luis Estrada to the 

Vehicles for Hire Ad Hoc Committee. 

VII. 

PUBLIC HEARINGS 

1. Public hearing and introductory ordinance Amending chapter 28 Article 

II entitled “Excavations” of the Laredo Code of Ordinances, Division I, II, III, 

and IV, Sections 28-16 thru 28-78, save and except for Sections 28-40, by 

deleting said sections and adding Article IX to be entitled “Public Right of 

Way Management” Sections 28-164 thru 28-239; providing for a repealing 

clause; providing for a severability clause; providing for a savings clause; 

providing for a penalty of fine not to exceed two thousand dollars 

($2,000.00); and providing for an effective date. (Approved by the 

Operations and Finance Committees) 

2. Public hearing and introductory ordinance Consideration to renew the 

lease agreement with Laredo Equities, LLC for the use of Veteran’s Field 

and amend the FY 2008-2009 Veteran’s Field Fund budget to reflect the 

new lease agreement. The lease term is for one season beginning on May 

1, 2009 and ending September 1, 2009 at a lease rate of $30,000.00 per 

season, ($1,000 per game) plus $1,000 per playoff game. Laredo Equities 

will also be responsible for 50% of utility costs for Veteran’s Field during the 

term of the lease as outlined in the lease agreement terms. (On Operations 

Committee Agenda) 

3. Public hearing and introductory ordinance Amending Chapter 13, (food 

and food products) of the Code of Ordinances, by amending Article II, (food 

products establishments) Division 3, (Employees), as follows: Section 13-58 

to allow for an approved Health Department food service public health 

sanitation training course; and providing for publication. (On Operations 


4. Public hearing and introductory ordinance Amending the Zoning 

Ordinance (Map) of the City of Laredo by authorizing a Conditional Use 

Permit for an office on Lots 1, 2, and 3, Block 7, Los Obispos Subdivision 

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Unit II, located at 4703 Costello Loop. The Planning and Zoning 

Commission has recommended approval of the Conditional Use Permit. 

District I 


Ordinance (Map) of the City of Laredo by rezoning 9,800 square feet, as 

further described by metes and bounds in attached Exhibit "A", located east 

of U. S. Highway 83 and south of Newco Commercial, from AG 

(Agricultural District) to B-3 (Highway Commercial District). The Planning 

and Zoning Commission has recommended approval of the zone change. 

The proposed use is for commercial purposes. District I 


Ordinance (Map) of the City of Laredo by authorizing a Special Use Permit 

for a flea market on Lot 1, Block 1, Ervin Farm Subdivision, located at 4210 

South U. S. Highway 83. The Planning and Zoning Commission has 

recommended approval of the Special Use Permit. District III 


Ordinance (Map) of the City of Laredo by authorizing a Conditional Use 

Permit for a mechanic and body shop on Lot 6, Block 182, Eastern Division, 

located at 3519 Springfield Avenue. The Planning and Zoning Commission 

has recommended approval of the Conditional Use Permit. District IV 


Ordinance (Map) of the City of Laredo by rezoning Lot 1A, Block 1021 

Western Division, located at 4119 San Dario Avenue, from B-3 (Community 

Business District) to B-4 (Highway Commercial District). The Planning and 

Zoning Commission has recommended approval of the zone change. The 

proposed use is for commercial purposes. District V 


Ordinance (Map) of the City of Laredo by rezoning Lot 29A, Ferraez 

Subdivision, located at 260 W. Calton Road, from B-1 (Limited Commercial 

District) to B-3 (Community Business District). The Planning and Zoning 

Commission has recommended approval of the zone change. The 

proposed use is a used car dealership. District V 

10. Public hearing and introductory ordinance Repealing Ordinance No. 93- 

0-023 which established original rules and fees for the Public Access 

Center and establishing rules, regulations, procedures and rates for use of 

the public access facilities. (Approved by Finance Committee & on 

Operations Committee Agenda) 

(Recess) 

(Press Availability) 

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VIII. 

INTRODUCTORY ORDINANCES 

11. Repealing City of Laredo Code of Ordinances Chapter 7.5-1 through 7.5-26 

which established the Laredo Cable Commission and its authority. 

IX. 

FINAL READING OF ORDINANCES 

12. 

2009-O-035 Approving the grant of an easement for ten (10) years to the United 

States of America, by and through the U.S. Army Corps of Engineers, over 

25.53 acres of City property along the Rio Grande Riverbend for the 

purpose of carrying out the Carrizo Cane Eradication Project on the Laredo 

Sector of U.S. Border Patrol; and authorizing the City Manager to execute 

the easement in the form and content attached as Exhibit 1, of which Exhibit 

A of the easement sets forth the description of the 25.53 acres, and to 

execute a waiver of appraisal in the form and content attached as Exhibit 2. 

2009-O-036 Authorizing the City Manager to execute an easement to AEP Texas 

Central Company for routing electrical facilities to serve Jefferson Water 

Treatment Plant. The said easement containing 1,837.47 sq. ft. tract of land, 

being out of lots Number 1, 2, & 10, Block No. 736 Western Division, City of 

Laredo, Webb County, Texas and being described on attached Exhibit A. 

(Approved by the City Council Operations Committee.) 

2009-O-037 Authorizing the City Manager to grant a right-of-entry to the United 

States of America, General Services Administration (GSA), to a parcel of 

land consisting of approximately forty (40) acres and located adjacent to the 

Colombia Solidarity Bridge Export Parking lot for the purpose of conducting 

boundary, utility and topographic surveys; appraisals, archeological 

investigations, subsoil boring and testing environmental audits, phase 1 and 

2 environmental site assessments in anticipation of constructing a roadway 

to access the Colombia Solidarity Bridge Inspection Station. Said parcel of 

land is out of forty acres which was deeded to the City of Laredo by T. S. 

Scibienski and recorded in Volume 1448, Pages 101-102, Deed Records of 

Webb County, Texas. See Attached Exhibit “A”, illustrating the property in 

reference and the Right of Entry from the GSA. 

2009-O-038 Authorizing the City Manager to renew a Right-of-Entry to the U.S. 

Army Corps of Engineers, United States of America to City-owned property 

along the Rio Grande Riverbend extending from the northern to the 

southern City limits, to solely conduct visual observations for environmental 

studies and exploration. Said City-owned property, including any river vega 

land along said riverbend, consisting of: all of Blocks 015, 016, 017, 018, 

019, 57, 58, 613, 614, 615, 616, 140, 141, 143, 144, 149, 150, 151, 152, 

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568, 709, 710 & 450A, Eastern Division, City of Laredo; all of Blocks 414, 

415, 416, 419, 424, 426, 425, 428, 431, 431A, 434, 434A, 437, 437A, 516, 

517, 613, 614, 615, 628, 629, 630, 631, 643, 644, 645, 646, 657, 658, 659, 

660, 666, 667, 668, 669, 670, 671, 672, 672A, 673, 674, 675, 676, 677, 

679, 680, 708, 708B, & 724, Western Division, City of Laredo; a 22.087 

acre tract located in Porcion 18; a 58.00 acre tract located in Porcion 21; an 

18.00 acre tract located in the River Oaks Park Subdivision; a 10.59 acre 

tract located in Porcion 22; a 138.513 acre tract located partly in Porcion 36 

and partly in Porcion 37; a 22.00 acre tract located in Porcion 37 and a 

31.00 acre tract located in Porcion 38. Said Right-of-Entry being described 

on attached Exhibit 1; and providing for an effective date. (AS AMENDED) 

2009-O-039 Amending Chapter 19 Entitled “Motor Vehicle and Traffic” of the 

Code of Ordinances by adding a new Section 19-223 to be entitled “use of 

hand-held mobile telephones in school zones”; directing the City Manager to 

erect signs in affected areas; providing for a repealing clause; providing for 

a severability clause; providing for a penalty of fine not to exceed two 

hundred dollars ($200.00) for each offense; and providing an effective date. 

2009-O-040 Authorizing the City Manager to execute a lease with Securitas 

Security Services USA, Inc., for approximately 120 square feet of office 

space and an exclusive office entry lane of approximately 540 square feet at 

Bridge II. 

1. Lease term is for one (1) year commencing April 1, 2009 and 

ending on March 31, 2010. 

2. Monthly rent will be $2,810.00 for approximately 120 square feet of 

office space and an exclusive office entry lane of approximately 540 

square feet at Bridge II. 

3. The lease may be terminated by either party with a thirty (30) day 

written notice. 

2009-O-041 Authorizing City Manager to accept a grant adjustment in the 

amount of $100,000.00 from the Office of the Governor, the Division of 

Emergency Management (GDEM) and to amend the City of Laredo’s FY 

2008-2009 Special Police Fund Annual Budget in the amount of 

$100,000.00 for a total grant award of $275,000.00. The Office of the 

Governor, Division of Emergency Management has made a project grant 

available in order to organize and deploy state agency and local 

government law enforcement personnel and equipment to participate in a 

project to enhance border security along the Texas-Mexico border. Funds 

will be used to pay overtime, fringe benefits and operational expenses from 

February 15, 2008 through August 15, 2009. 

2009-O-042 Setting the new speed limit on sections of U.S. 59 within the city 

limits of Laredo, Webb County, Texas, to 60 miles per hour from mile point 

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42.750 (corporate city limits) to mile point 42.806 (Heritage Court); 50 miles 

per hour from mile point 42.806 to mile point 45.100 (Ejido Avenue); 40 

miles per hour from mile point 45.100 to mile point 45.382 (Arkansas 

Avenue), as defined in the Texas Department of Transportation Control 

Section Map 0542-01, providing for the installation of appropriate signs to 

indicate new speed changes in the designated areas and providing for 

publication and effective date. 

2009-O-043 Authorizing the City Manager to enter into a “Disaster Aid” 

agreement by and between the Laredo Transit Management, Inc., (El Metro) 

and Doctors Hospital of Laredo, for providing assistance of up to five (5) 

Transit buses in the event of a disaster; this agreement shall be for a term of 

two (2) years beginning on the effective date and may be extended for 

additional term of two (2) years upon written agreement. Doctors Hospital 

shall compensate Laredo Transit Management, Inc., one hundred ($100.00) 

dollars per hour per bus. 

2009-O-044 Authorizing the City Manager to enter into a lease agreement by and 

between the Laredo Transit Management, Inc., (El Metro) and Bringing 

Everyone Special Together (BEST) Time Bank, a Texas non-profit 

corporation, for the lease of one hundred thirty six (136) sq. ft. of building 

space at the Laredo Transit Center located at 1301 Farragut Street, second 

floor (west) for a monthly sum of two hundred sixty-five dollars ($265.00) for 

a term on one (1) year commencing on January 1, 2009 with the option to 

renew for an additional twelve (12) months commencing at the expiration of 

the initial lease term of December 31, 2009. 

X. RESOLUTIONS 

13. 2009-R-005 Authorizing the City Manager to execute an agreement with 

Laredo Community College for Economic Development Services, including 

but not limited to strategic planning; marketing plan; tourism impact study; 

creation of a community socio-demographic database for international 

trade; demographic study; and data collection assessment for workforce 

and business retention and expansion plan; the initial cost is $75,000.00, 

for a term of one year. Funding is available in the General Fund. 

14. 2009-R-014 Declaring the public necessity to acquire the “Surface Only” of 

two (2) parcels of land for the purpose of constructing a parking lot to 

service the East Hachar Recreation Center; said parcels being: Lot 1, Block 

2104 (1109 N. Smith Ave.) and Lot 2, Block 2014, (3213 Guadalupe St.), all 

being situated in the Eastern Division, City of Laredo, Webb County, Texas 

and described on attached Exhibit “A”, and authorizing staff to negotiate 

with owners for the acquisition of said parcels by purchase at market value 

established by a State Certified Real Estate Appraiser, and authorizing the 

City Attorney to initiate condemnation proceedings to acquire said parcel if 

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staff is unable to acquire due to inability to agree to a purchase price, 

conflict of ownership, owner refusal to sell, and/or inability to locate a listed 

owner. Further authorizing relocation benefit payments to person(s) who 

will be displaced as a result of the acquisition of the property, in accordance 

with the provisions of the Uniform Relocation Assistance and Real Property 

Acquisition Act of 1970, as amended. Funding is available in the 34 th 

CDBG Action Year. (On Operations Committee Agenda) 

15. 2009-R-016 Authorizing the City Manager to accept and execute the agreed 

order docket number 2007-1751-WQ-E and thus entering into the agreed 

resolution with TCEQ in which TCEQ has agreed to decrease the fine from 

$18,755.00 to $12,933.00. The incident occurred on August 24, 2007. 

TCEQ agreed to reduce the discharge from 180,000 gallons to 98,000 

gallons and has accepted that the Zacate Creek WWTP Sanitary Sewer 

Overflow (SSO) agreed order covers the manhole in which the discharge 

occurred, thereby reducing the severity of the discharge and payment for a 

supplemental environmental project not to exceed the amount of 

$12,933.00 will be paid by the City. Funding for the Supplemental 

Environmental Project is available under the Sewer Operating Construction 

Fund. The funds will provide Septic Tank Sewer Service for Laredo and 

Webb County Residents that live on Mines Road. 

16. 2009-R-020 Authorizing the City Manager to sign an Interagency 

Agreement between the City of Laredo and Texas Engineering Experiment 

Station (TEES) through which the City will provide $1,624,856.00 to TEES 

for a 50,000 gallon per day Brackish Water Advanced Vapor Compression 

Desalination Pilot Plant. Funding for this project will be through Water 

Operation Construction Fund through the appropriation of the United Water 

Settlement approved through Ordinance #2009-O-027. (On Operations 


17. 2009-R-022 Amending Resolution 2008-R-133 pertaining to the grant 

agreement between the City of Laredo and the Texas Water Development 

Board Contract No. G13500/13600/1546/1547, for the City of Laredo, Mines 

Road/State Highway 359 Project No. 10045 as follows: By correcting the 

amendment number by changing it from No. 7 to Amendment No. 6; by 

reflecting approval by the Texas Water Development Board of the transfer 

of funds from different funding accounts under the Texas Water 

Development Board Grant that allows the city to adjust balances in the 

current Colonia projects; also by extending the contract expiration date from 

March 31, 2009 to January 31, 2010; all other terms of Resolution 2008-R- 

133 remain unchanged. (On Operations & Finance Committees Agenda) 

18. 2009-R-023 Accepting the conveyance of a sanitary sewer easement dated 

February 10, 2009, from Alexander Residential Development, L.P., over two 

(2), 312 square foot tracts, a copy of said conveyance being attached as 

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Exhibit A including its Exhibits 1 and 2 describing the two (2), 312 square 

foot tracts; and directing that the said easement be filed of record in official 

property records of Webb County, Texas. (Approved by Finance Committee 

& on Operations Committee Agenda) 

19. 2009-R-024 Authorizing the City Manager to execute a contract between 

the City of Laredo and San Isidro Northeast, Ltd., a Texas Limited 

Partnership, for the reservation of wastewater capacity for approximately 

582.4237 acres referred to in the contract as the subject tract for a term 

twenty five (25) years during which the owner may develop the subject tract 

by subdividing and developing according to all the City of Laredo 

requirements for all or part of the subject tract; providing for mandatory, 

non-binding mediation. (On Operations Committee Agenda) 

20. 2009-R-025 Authorizing the City Manager to execute a contract between 

the City of Laredo and San Isidro Northeast, Ltd., a Texas Limited 

Partnership, for the reservation of water capacity for approximately 

582.4237 acres referred to in the contract as the subject tract for a term 

twenty five years (25) during which the owner may develop the subject 

tract by subdividing and developing according to all the City of Laredo 

requirements for all or part of the subject tract; providing for mandatory, 

non-binding mediation. (On Operations Committee Agenda) 

21. 2009-R-026 Authorizing the City Manager to enter into and execute a 

cooperative working agreement, attached hereto as Exhibit A, between the 

Laredo Job Corps Center and the Laredo Police Department for the 

purpose of providing law enforcement assistance on a special needs basis. 

(On Operations Committee Agenda) 

22. 2009-R-027 Accepting the conveyance of a right-of-way and utility 

easement dated February 2, 2009, from Los Parientes Corporation, being a 

15’ wide utility easement out of Lots 8 & 9, Block 1, San Isidro Monarch 

Subdivision, a copy of said conveyance being attached as Exhibit A, 

including its Exhibits 1 & 2 of Exhibit A describing the Utility Easement; and 

directing that the said right of way and Utility Easement be filed of record in 

official property records of Webb County, Texas. (On Operations 


23. 2009-R-028 Regarding the 18.0357 acres conveyed to City of Laredo by 

Killam Ranch Properties, LTD, on June 19, 2006, recorded in Volume 2118, 

pages 660-664, official property records of Webb County, Texas, described 

by metes and bounds in Exhibit A of Exhibit 1; 

1. Dedicating said 18.0357 acres, in perpetuity, as a city park; & 

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2. Restricting said 18.0357 acres, in perpetuity, as a wetland/riparian 

mitigation area, as required by the Department of the Army, 

Permit No. 199700515; & 

3. Adopting the Mitigation Plan dated October 3, 2008, applicable to 

said 18.0357 acres, a copy of which plan is attached as Exhibit B 

of Exhibit 1 & 

4. Directing staff to implement and abide by that mitigation plan, 

5. Authorizing the City Manager to execute the document entitled 

‘dedication of land for park purposes and notice of restriction’ copy 

of which is attached as Exhibit 1; & 

6. Directing that said document be recorded in official property 

records of Webb County, Texas. (On Operations Committee 

Agenda) 

24. 2009-R-029 Authorizing the City Manager to enter into and execute a 

cooperative working agreement, attached hereto as Exhibit A, between 

Catholic Charities, Archdiocese of San Antonio, Inc. and the Laredo Police 

Department for the purpose assisting in the organization of monthly legal 

clinics in Laredo designed to assist victims of crime and domestic abuse 

and referring such potential persons to said clinics for help with immigration 

related issues. (On Operations Committee Agenda) 

25. 2009-R-031 A resolution of the City of Laredo affirming support for and 

partnership with the 2010 Census; recognizing the importance of an 

accurate count of residents in an area which has historically been 

undercounted; endorsing the newly proposed and redrawn census tracts as 

means to facilitate the full and complete count of the residents of the City; 

working with the South Texas Development Council and other entities on a 

public awareness campaign to encourage and increase participation in the 

2010 Census. 

XI. 

MOTIONS 

26. Consideration to amend contract number FY07-067 awarded to 

TestAmerica Laboratories, Corpus Christi, Texas in the amount of 

$25,000.00, for providing laboratory analytical services for water and 

wastewater samples in accordance to Environmental Protection Agency 

(EPA) approved standard methods. The proposed amendment would 

increase the current contract to $125,000.00 in order to provide funding for 

the remainder of the contract term. Funding is available in the Utilities 

Department Budget, Water Pollution Division. (On Operations Committee 

Agenda) 

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27. Consideration to award annual supply contract number FY09-028 to the low 

bidder meeting specifications, HD Supply Waterworks, San Antonio, Texas 

in the estimated amount of $176,515.25, for the purchase of fire hydrants 

for the City of Laredo’s Utilities Department. This is an annual supply 

contract that allows for the purchase of fire hydrants on an as needed basis. 

The City did receive a lower bid from East Jordan Iron Works which did not 

meet the department’s published specifications. Funding is available in the 

Utilities Department Fund. (On Operations Committee Agenda) 

28. Consideration to renew contract FY08-033 to the following vendors: 

1. Kinloch Equipment & Supply, Pasadena, Texas in the amount of 

$40,000.00 

2. Industrial Disposal Supply, San Antonio, Texas in the amount of 

$50,000.00 

3. Nueces Power Equipment, Laredo, Texas in the amount of 

$40,000.00; 

for the purchase of original equipment manufacturer (OEM) parts and 

service for the City’s Elgin and Tymco street sweeper and Case equipment. 

This contract establishes discount percentage pricing for the purchase of 

needed repairs and replacement parts and services which are secured on 

an as needed basis. Funding is available in the Fleet Management budget. 

(On Operations Committee Agenda) 

29. Consideration to amend contract number FY08-067 awarded to Double R 

Construction, Laredo, Texas to reflect the legal name change of Double R 

Construction to R. Ramirez Construction, Inc.; and to increase the contract 

amount by $100,000.00, for providing asphalt repairs for the Utilities 

Department waterline replacement projects. The proposed amendment 

would increase the current contract to $895,000.00 in order to provide 

funding for the remainder of the contract term. Funding is available in the 

Water and Sewer Fund budgets. (Approved by Finance Committee & on 

Operations Committee Agenda) 

30. Consideration for approval to advance Stage 1 of the Water Conservation 

and Drought Contingency Ordinance to Stage 3 effective on April 2, 2009. 

This means that all even number addresses will water on Mondays, 

Wednesdays, and Fridays and all odd number addresses will water on 

Tuesdays, Thursdays and Saturdays. (On Operations Committee Agenda) 

31. Consideration to award contract number FY 09-030 to RM Personnel, Inc, 

Laredo, Texas, in the estimated annual amount of $202,850.00 for 

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providing contract employees for the Laredo International Airport 

Department. Temporary contract employees have been requested for 

dispatchers and customer service agent positions. The term of this contract 

will be for one (1) year with an option to extend for one (1) additional year. 

Funding is available in the Airport Fund. (On Operations Committee 

Agenda) 

32. Consideration for approval of change order no. 1 a decrease of $11,872.38 

for the balance of quantities actually constructed in place, release of 

retainage, acceptance of the South Laredo Street Paving Project (5 Blocks- 

District I) and approval of final payment in the amount of $31,661.44 to 

Gilmar Construction, Ltd., Laredo, Texas. Final construction contract 

amount is $316,614.42. Funding is available in the 2007 C.O. City-Wide 

Street Paving Project. (On Operations Committee Agenda) 

33. Consideration for approval to award a professional services contract to 

Crane Engineering Corporation, Laredo, Texas, for an amount of 

$285,600.00 for design and preparation of plans and specifications for the 

North Merida Drive Extension Project. Design work is to be done on a fast 

track basis approximately two hundred forty (240) days. Funding is 

available in the 2007 Environmental Services C.O. Issue. (On Operations 


34. Consideration to authorize the City Manager to enter into contract with a 

retail electric provider for electric service to meet the electricity 

requirements of all City of Laredo accounts. The service shall begin on the 

first meter reading on or after May 31, 2009. (Approved by Finance 

Committee & on the Operations Committee Agenda) 

35. Consideration for approval of change order #2 to Holloman Corporation, to 

provide an additional 45 days to their contract to 275 calendar days at no 

cost to the City for the Laredo Raw Water Pumphouse No. 2 Improvements. 

This change order is to provide additional time related to the long lead times 

required for electrical materials. The contract remains at $833,050.86. 

Funding is not affected by this motion. (On Operations Committee Agenda) 

36. Consideration for approval of change order #2 to Holloman Corporation, to 

provide an additional 45 days to their contract to 345 calendar days at no 

cost to the City for the Mary Help of Christians Water Booster Station 

Improvements. This change order is to provide additional time related to 

the long lead times required for electrical materials. The contract remains 

at $1,610,423.38. Funding is not affected by this motion. (On Operations 


37. Consideration to amend the existing contract award to Insituform 

Technologies, Inc., Houston, Texas for the rehabilitation of the Matamoros 

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Street sewer line in the amount of $41,770.00. The project consists of 

repairing the existing Matamoros sewer line by sealing and lining the pipe of 

cracks caused by deterioration. Due to a change in existing conditions, the 

scope of work will need to be amended to compensate for differences in the 

pipe diameter and proposed adjusted linear footage. Funding is available 

from the 2008 Utilities Revenue Bond. (On Operations Committee Agenda) 

38. Consideration of change order #1 for the acceptance of the Schreiber’s 

Clarifier and the ABS Aeration/Mixer Equipment by CG Construction, Inc. 

DBA CC Construction Laredo, Texas for the Nadbank-2, Phase “B”, Peñitas 

Wastewater Treatment Plant and to change the capacity of the WWTP from 

125,000 to 71,900 gallons per day. The contractor for this change order will 

supply a 60HP rotary phase converter for single phase to three phase; 

supply aerator motor controls and to be located in the electrical room; 

supply an AC unit for the electrical room; upsize the plant water pump 

station piping from 1” to 1 ½ “; provide a strainer upstream of the pump; 

provide air diffusers at the chlorine contact chamber (at each turn) with 

piping and valve at each diffuser; provide 5 HP variable speed blowers in 

lieu of 2 HP constant speed air blowers, provide a timer controller located in 

the electrical building for the aeration equipment, and supply one spare 

ABS Aeration/ Mixer equipment unit. The change order will result in a 

$26,700.00 credit to the City of Laredo. The revised contract amount is 

$1,381,369.98. The construction time will not be extended. This project is 

funded by the North American Development Bank (NADB) and is subject to 

their approval. Funds are available in the Colonias Fund. (On Operations 


39. Refund of property tax in the amount of $5,868.06 to the following 

taxpayers; 

1. A refund in the amount of $1,509.31 payable to Jose Luis 

Castillo due to an overpayment. Account # 437-00659-071. 

2. A refund in the amount of $530.28 payable to Compass Bank 

due to an overpayment. Account #922-80005-070. 

3. A refund in the amount of $1,770.49 payable to Compass Bank 

due to an overpayment. Account #968-90002-170. 

4. A refund in the amount of $676.34 payable to Compass Bank 

due to an overpayment. Account #909-00044-360-000010-090069. 

5. A refund in the amount of $1,381.64 payable to Quicksilver 

Enterprises Ltd due to an overpayment. Account # 989-30002-511. 

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40. Re-activating and creating/ amending the Mayor and City Council charge to 

the Telecommunications Advisory Committee; its membership, terms of 

office, methods of appointment, authority, duties, and other terms and 

conditions. 

XII. 

GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS 

41. 

A. Request by Mayor Raul G. Salinas 

1. Presentation with possible action on the 24 Hour Operation at 

the World Trade Bridge and a status report on the ongoing 

promotional efforts. 

2. Presentation with possible action on Budget update. 

B. Request by Council Member Mike Garza 

1. Discussion with possible action on a centralized playing field 

for Youth Flag Football. 

2. Status report on park police with possible action. 

C. Request by Council Member Hector Garcia 

1 . Discussion with possible action on substituting the Friday 

before Easter Holiday to the Monday after Easter. 

D. Request by Council Member Dr. Michael Landeck 

1. Discussion with possible action regarding the acquisition of the 

Dr. Cigarroa Health Center on Logan Street. (Co-sponsored 

by Council Member Hector “Tito” Garcia) 

E. Request by Council Member Juan Narvaez 

1. Discussion with possible action on authorizing the City 

Manager to donate/sell salvage vehicles to our Sister City of 

Nuevo Laredo, Mexico (Co-sponsored by Council Member 

Mike Garza) 

2. Discussion with possible action to consider funding for the 

Latin American International Sports Hall of Fame. 

F. Request by Council Member Johnny Rendon 

1. Discussion with possible action to review the status on the 

Blue Recycling Bins Project. 

G. Request by Council Member Gene Belmares 

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XIII. STAFF REPORTS 

1. Presentation with possible action on the proposed design 

alternatives for the Springfield and Jordan Intersection. 

2. Status report with possible action on the proposed facility for 

the SWAT team located on Airport property. 

3. Discussion with possible action on implementing a reverse 911 

system. 

4. Appropriating District 6 Discretionary Funds for the 

construction of various speed humps throughout District 6. 

H. Request by Council Member Cynthia Liendo Espinoza 

1. Presentation by Gabriel Lopez from Texas Workforce 

Commission regarding benefits for Veterans. 

42. Presentation by the City of Laredo/ Webb County DTV Transition Committee, 

on the local campaign to educate and assist the local citizenry on the 

transition to Digital Television. The local broadcasters will be converting 

from analog to digital on June 12, 2009. A series of Town Hall meetings, 

311 assistance and volunteers are in place. 

43. Staff report with possible action on the pros and cons for selecting a project 

manager on staff vs. a consultant in order to manage the Utility Department’s 

bond projects, instructing the City Manager to provide the Utility 

Department’s current organizational structure to include departmental 

responsibilities from the supervisory to the director level. 

44. Staff report on El Portal Project with possible action. 

45. Discussion with possible action regarding setting priorities for the federal 

legislative agenda. 

XIV. EXECUTIVE SESSION 

The City Council hereby reserves the right to go into executive session at any 

time during this public meeting, if such is requested by the City Attorney or other 

legal counsel for the City, pursuant to his or her duty under Section 551.071(2) of 

the Government Code, to consult privately with his or her client on an item on the 

agenda, or on a matter arising out of such item. 

46. Request for Executive Session pursuant to Texas Government Code Section 

551.07(1) (A) to consult with City Attorney regarding contemplated litigation; 

and return to open session for possible action. 

14

XV. RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THE LAREDO 

MASS TRANSIT BOARD 

47. 2009-RT-005 Authorizing the City of Laredo, TX-Laredo Transit Management 

Inc., (LTMI) to enter into an interlocal agreement with the City of Brownsville, 

TX-Brownsville Urban System (BUS) and the City of McAllen, TX-McAllen 

Express Transit (MET), for the purpose of soliciting request for proposals 

(RFP) for the purchase of a minimum of one (1) to a maximum of seventy (70) 

heavy duty low floor transit buses; of which twenty two (22) will be purchased 

by the City of Laredo. This is a five (5) year replacement bus plan. Funding 

is subject to the award of the American Recovery and Reinvestment Act 

(ARRA) in the estimated amount of $4.7 million and is subject to the approval 

of its corresponding appropriation. (On Operations Committee Agenda) 

XVI. ADJOURN AS THE LAREDO MASS TRANSIT BOARD AND RECONVENE AS 

THE LAREDO CITY COUNCIL AND ADJOURN 

This notice was posted at the Municipal Government Offices, 1110 

Houston Street, Laredo, Texas, at a place convenient and readily 

accessible to the public at all times. Said notice was posted on 

Wednesday, March 11, 2009 at 6:30 p.m. 

Gustavo Guevara, Jr. 

City Secretary 

15

COUNCIL COMMUNICATION 

DATE 

3/16/2009 

SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE 

NO 2009-0- 

AMENDING CHAPTER 28 ARTICLE I1 ENTITLED "EXCAVATIONS" OF 

THE LAREDO CODE OF ORDINANCES, DIVISION I, 11, In AND IV, 

SECTIONS 28-16 THRU 28-78, SAVE AND EXCEPT FOR SECTIONS 28-40, BY 

DELETING SAID SECTIONS AND ADDING ARTICLE IX TO BE ENTITLED 

"PUBLIC RIGHT OF WAY MANAGEMENT" SECTIONS 28-164 THRU 28-239; 

PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SEVERABILITY 

CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO 

THOUSAND DOLLARS ($2,000); AND PROVIDING AN EFFECTIVE DATE. 

INITIATED BY: 

HORACIO DE LEON 

ASSISTANT CITY MANAGER 

PREVIOUS COUNCIL ACTION: 

NONE 

STAFF SOURCE: 

ERASMO A. VILLARREAL, 

BLDG DEVELOPMENT SERVICES DIRECTOR 

SANTOS REYES, PUBLIC R.O.W. MANAGER 

LUCIAN0 GARCIA, 

OPERATIONS MANAGER TRAFFIC 

BACKGROUND: 

THE CITY MUST MAINTAIN CONTROL OF ALL ACCESS OF THE PUBLIC RIGHT OF WAY 

TO PROTECT THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS. THE PUBLIC 

RIGHT OF WAY IS UTILLIZED FOR STREETS, DRAINAGE AND PLACEMENT OF 

UTILITIES. THE CONTROL OF NEW CONSTRUCTION AND OR REPAIRS OF STREETS IS 

NECESSARY TO ENSURE THE SAFETY OF THE MOTORING PUBLIC. THE CITY STAFF 

WISHES TO MINIMIZE THE NUMBER OF STREET CUTS BY COORDINATING ALL 

PROJECTS WITH ALL RIGHT OF WAY USERS AND WILL MAKE ALL USERS COMPLY 

WITH STANDARDS AND REQUIREMENTS FOR COMPACTION, BACK FILL AND 

PAVEMENT RESTORATION. THE CITY STAFF WILL SAFE GUARD THE TRAVELING 

PUBLIC AND EMPLOYEES WORKING IN THE PUBLIC RIHT OF WAY BY MANDATING 

TRAFFIC CONTROL PLANS WHEN NEEDED. 

FINANCIAL IMPACT: 

THE ORDINANCE ESTABLISHES NEW FEE SCHEDULE OF $50.00 FOR 

REGISTRATION OF RIGHT OF WAY USERS. THE STREET CUT PERMIT FEE 

INCREASES FROM $25.00 TO $50.00. THE INSPECTION FEE WILL BE ESTABLISHED 

AT $200.00 FOR INSPECTIONS. THE FUNDS WILL BE DEPOSITED INTO ACCOUNT 

NUMBER 101-0000-353-1010. 

THE ORDINANCE ALSO ESTABLISHES AN ANNUAL FEE OF $2.50 PER LINEAR FOOT 

FOR FIBER OPTIC CONDUIT LICENSE FUNDS WILL BE DEPOSITED INTO 

ACCOUNT NUMBER 101-0000-31 1-1060. 

COMMITTEE RECOMMENDATION: 

STAF'F RECOMMENDATION: 

STAFF RECOMMENDS APPROVAL OF THIS 

ORDINANCE

ORDINANCE NO. 

AMENDING CHAPTER 28 ARTICLE I1 ENTITLED "EXCAVATIONS" OF THE LAREDO CODE OF 

ORDINANCES, DIVISION I, 11, I11 AND IV, SECTIONS 28-16 THRU 28-78, SAVE AND EXCEPT FOR 

SECTIONS 28-40, BY DELETING SAID SECTIONS AND ADDING ARTICLE IX TO BE ENTITLED 

"PUBLIC RIGHT OF WAY MANAGEMENT" SECTIONS 28-164 THRU 28-239; PROVIDING FOR A 

REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE 

NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000); AND PROVIDING AN EFFECTIVE DATE. 

WHEREAS, The City is charged with maintaining control of and access to the Right of Way in 

order to protect the health, safety and welfare of its citizens; and 

WHEREAS, Excavations in City Streets may significantly interfere with public use of the Streets 

and result in negative impact in air quality, a loss of parking, and in loss of business to merchants; 

and 

WHEREAS, Excavations in paved Streets may significantly degrade and shorten the life of the 

surface of the Streets, and increase the frequency and cost to the public of requisite resurfacing, 

maintenance and repair, regardless of the quality of restoration; and 

WHEREAS, It is desirable to adopt regulations that will provide the City greater control over the 

right of way in City Streets; and 

WHEREAS, Substantial public h ds have been invested to build, maintain and repair the City 

Streets and the City holds these Streets as an asset in trust for its citizens. It is desirable to adopt 

regulations to protect the structural integrity of City Streets and safeguard the value of the public 

investment for the benefit of City residents, by providing incentives to reduce the number of 

Excavations in City Streets. Such incentives will encourage coordination among Utilities and 

minimize the number of Excavations where feasible, so as to ensure Excavations are performed, to 

the extent possible, in Streets scheduled for resurfacing within the same or succeeding fiscal year as 

the Excavation; and 

WHEREAS, When a repair fails in a paved Street that is not scheduled for resurfacing within the 

same or succeeding fiscal year, the Excavator should be required to make repairs necessary for 

proper use and appearance of the street. Excavations and faulty repairs cause the greatest damage in 

newly surfaced Streets; and 

WHEREAS, Entities making and benefiting from an Excavation in a City street also should comply 

with standards and requirements for compaction, backfill and pavement restoration and resurfacing 

that ensures the best possible restoration of the paved surface over and adjacent to the trench; and 

WHEREAS, Regulation of Excavations in City Streets helps reduce disruption of and interference 

with public use of the Streets, helps prevent pavement damage, helps maintain the safe condition of 

the Streets, protects the public health, safety and welfare, is a valid and appropriate exercise of the 

1

City's police power, and is a municipal responsibility; and 

WHEREAS, the City Council find there is increasing demand for use of the Public Right of Way; 

and 

WHEREAS, Chapter 283 of the Texas Local Government Code the (Act, 1999, 76th ~ e~., ch 840, et 

seg.) ("Act"), sets forth certain regulations governing municipalities and Certificated 

Telecommunications Providers ("CTPs"). And 

WHEREAS, It is the City's responsibility to update its Code to be consistent with that of the Texas 

Local Government Code and to exercise the maximum authority preserved to local governments 

following creation of Chapter 283 of the Texas Local Government Code while at the same time to 

craft fair and reasonable rules for the use of The City's Public rights-of-way by entities not falling 

under the protection of Chapter 283, and 

WHEREAS, this Ordinance is intended to promotes compliance with the Texas Utilities Code. 

ARTICLE IX PUBLIC RIGHT OF WAY MANAGEMENT 

DIVISION I. GENERAL PRO VISIIONS 

SECTION 28-1 64 ADMINSTRATION 

The City Manager is the principal City official responsible for the regulation ofthe same and 

ordinances related thereto. The City Manager will delegate any and all duties hereunder to 

the Building Develovment Services Director. 

(a) The position ofRight of Way Manager in the Building Development Services Department 

is hereby established. The Right of Way Manager in the Building Development Services 

Department shall have the duties and responsibilities as specified by the Director. 

(b) The position of Utility Coordinator is hereby established. The Utility Coordinator shall 

supervise Utility construction projects and Utility inspections. 

The Director is authorized by the governing body with the written approval of the City 

Manager to petition the Public Utility Commission should a CTP be in violation ofany ofthe 

terms of this Chapter. 

SEC. 28-1 65 DEFINITIONS 

Thefollowing definitions a-~plv in this chapter ofthe City Code. The terms, phrases, words, 

2

abbreviations, and their derivations shall have the same meanings herein. When not 

inconsistent with the context, words used in the present tense include the future; words in the 

plural number include the singular number, and words in the singular include the plural. 

The word "shall" is mandatory and not merely permissive. 

(a) ABANDONED FACILITIES means Facilities no longer in service or phvsicallv 

disconnected form the operation Facilities, or from any other Facilities that are in use or 

that still carry Service- for a consecutive period of time in excess of two (2) years unless, 

within the aforesaid two year period, the City receives written confirmation and 

reasonable evidence that the ROW User intends to use the Facilities. 

(b) ADMINISTRATIVE FEE means the- fie charged by the City to recover its costs incurred 

for Riaht of Way management; including, but not limited to, costs associated with 

registering Applicants; issuing, processing, and verifiing Right of Way Permit 

avplications; inspecting iob sites and restoration improvements; determining the 

adequacy ofRight of Way restoration; revoking Right of Way Permits and other costs the 

City may incur in implementing the provisions of this Ordinance. 

(c) APPLICANT means an owner or authorized agent of an owner, who submits an 

a-vplication~for a Permit under these provisions of the City Code. 

(4 AREA OF INFLUENCE means that area around a Utility Excavation where the 

pavement and sub grade is impacted by the Excavation and is subject to more ra~id 

deterioration due to the trench Excavation. 

(e) BIG PROJECT is defined as a capital improvementsproiect that requires street closure 

or lane closure of more than-forty eight (48) hours to complete. 

8 

Cf) CERTIFED TELECOMMUNICATIONS PROVIDER or "CTP" means a Person who 

has been issued a certificate of convenience and necessity, certificate of operating 

authority, or Service -provider certificate of operating authority by the Public Utility 

Commission of Texas or "PUCT" to offer local exchange televhone service as defined by 

Section 283 of the Local Government Code or "the Act." 

(' CITY means the City of Laredo. 

(h) CONTRACTOR means any public or private Person or organization other than the CiQ 

of laredo. 

(i) DAY unless stated otherwise, means a business day, which excludes Saturdays, Sundays 

and holidays recognized by federal or state government or the Citv. 

) DEPARTMENT means the Building Develovment Services Department or a successor 

department that is responsible for management of the Right of Way and roadway 

3

in fiastructure. 

(k) DIRECTOR means the Director of the City Building Development Services or his or her 

desimee. 

(I) EMERGENCY or Emergency operations are defined as those operations and repairs 

necessary to prevent damage or injury to the health or safety ofthe public or any Person 

and the work necessary to address a service interruption. Upgrading ofFacilities, new 

service installation and neighborhood improvement projects are not emergency 

operations. 

(m) EXCAVATION means an activity that removes or otherwise disturbs soil, pavement, 

driveways, curbs, or sidewalks in the Right of Way and does include irrigation activity of 

the Right of Way. 

(n) FACILITIES means theplant, equipment, andproperty, including but not limited to lines, 

poles, mains, pipes, conduits, ducts, cables, and wires located under, on, or above the 

surface of the ground within the Right of Way and valves and related Facilities and 

eauipment used or useful for the provision of Utility services. 

(0) FCC means The Federal Communications Commission. 

@) GOVERNING BODY means the Mayor and the City Council of the City of Laredo, 

Texas. 

(4 GOVERNMENTAL ENTITY means any county, township, city, town, village, school 

district, library district, road district, drainage or levee district, sewer district, water 

district, fire district, or other municiual corporation, quasi-municipal corporation or 

political subdivision of the State of Texas or of any other state of the United States and 

any agency - or instrumentality of the State of Texas or of any other state of the United 

States or of the United States. 

(r) MINOR ENCROACHMENT LICENSE - means the legal document outlining the rights 

and obligation of a non-CTP owner of a wire telecommunication s-ystem to be in the 

rights-ofiway of the City. 

(s) NEWSTREET means the paved portion of the Right of Way that has been constructed, 

reconstructed, or resurfaced with an asphalt overlay, hot inplace recycling, full-length 

reclamation, reconstruction or other structural Street maintenance treatment. '(New 

Street" includes all concrete paved Streets, Streets constructed or structurally resurfaced 

during - the preceding seven years, for a collector or arterial Street or during the 

preceding five years for a residential Street or alley. 

(t) PERMIT means a Permit issued under this Chapter authorizing excavation in the Right of Wq.

(u) PERMITTEE means any Person or Right of Way User (including its authorized agents 

and representatives)to whom a Permit is issued to Excavate a Right of Way. 

(v) PERSON means any person, company, partnership, agency or other public or private 

entity including its authorized agents - and representatives) except the City. 

(w) REGISTRATIONmeans the application process of a ROW User to use any portion ofthe 

Right of Way. 

(x) REPAIR means the temporary or permanent construction work necessary to make the 

Right of Way useable. 

(yl REPAIR AREA means that area around an Excavation where the pavement and sub 

grade is impacted by an Excavation. 

(z) RESTORATION means the process by which an excavated Right of Wqy and surroundinx 

area, including pavement and foundation, is returned to the same condition, or better, 

than existed before the commencement of the work. 

(aa) RESURFACING means any repaving; overlay; seal or reconstruction which creates a 

new pavement surface over the entire width of the Street, excluding crack seals and 

localized base and pavement repairs. 

(hb) RIGHT OF WAY or PUBLIC RIGHT OF WAY means the surface of: and the s-pace 

above and below, any Street, road, highway, - fieeway, lane, path, drainage way, 

channel, fie interest, public way or place, sidewalk, alley, boulevard, parkway, drive, or 

other easement now or hereafter held by the City or over which the City exercises any 

rights of management - or control and shall include but not be limited to all easements 

now held, or hereafter held, by the City but shall specifically exclude ~rivate property. 

(cc) RIGHT OF WAY- (RO Wl USER means a Person, its successors and assims, that uses the 

Right of Way for purposes of work, Excavation, provision of Services, or to install, 

construct, maintain and repair Facilities thereon, including, but not limited to, 

landowner and Service providers. 

(d4 ROUTINE SERVICE OPERATION means a work activity that makes no material 

change to the facilities and does not disrupt trafic. 

(ee) SERVICE means a commodity provided to a Person ly means of a delivery system that 

is comprised of Facilities located or to be located in the Right of Way includinx 

but not limited to gas, telephone, cable television, Internet services, Open Video Systems, 

alarm systems, steam, electric delivery, water, telegraph, data transmission, petroleum 

pipelines or sanitary sewage.

f$ STREET means the pavement and sub-grade of a City residential, collector or arterial 

roadwav. 

(gg;) SUPPLEMENTARYAPPLICATION means an application made to excavate or obstruct 

more of the Right of Way than allowed in or to extend a Permit that has already been 

issued. 

(hh) TMUTCD shall mean The Texas Manual on Uniform Traffic Control Devices, latest 

edition. 

(ii) UTILITYshall mean any privatelv orpublicly owned entity which uses the public Right 

of wav to furnish to the public any generalpublic Service, including, without limitation, 

sanitarv sewer, gas, electricity, water, telephone, petroleum products, telegraph, heat, 

steam or chilled water, together with the equipment, structures, and appurtenances 

belonging - to such entity and located within and near the Right of Way. Poles are 

regulated herein only as s~ecificallv set forth in this Cha-pter. 

61) ((Utility Structure" shall mean anv structure, cabinet, or any other up-purtenance other 

than a pole or device attached to a pole which is owned or used by a utility comuany, 

cable companv, or telecommunications provider to provide service. The phrase does not 

include devices or structures used to control or direct pedestrian or vehicular traffic on 

an adjacent roadway or infrastructure that provides water used for fire suupression. 

@&('Above Ground Utility Structure" or "AGUS" shall mean any utility structure that 

extends higher than the surrounding nrade. 

(II) "Video Service" has the same meaning as that set out in ,666.002 of the Texas Utiliv 

Code or as may be amended. 

(mm) ('Video Service Provider" has the same meaning as that set out in 666.002 of the Texas 

Utility Code or as mav be amended. 

(nn) WHITE LINING means marking the Excavation site with white washable 

marking paint or flans prior to requesting a Utility locate in order to further 

identify the site. 

(00) WIRE TELECOMMUNICATION SYSTEM means a tangible - closed facility for the 

transmission of voice, video or data services, including all instrumentalities, facilities 

and auparatus incidental to such transmission. 

SEC. 28-1 66 UTILITY PLANNING AND COORDINATION COMMITTEE 

A) Each Utility shall name a Utility coordinator who shall uarticipate in the Utility Planning 

and Coordination Committee.

B) Unless barred by the law, annually on the first day of October, each Utility shall prepare 

andsubmit to the Director a plan that shows all foreseeable excavations in thepavedportion 

of the public riahts-of-way anticipated to be done in the next three years or a statement that 

no excavations are planned. The Utilitv shall report to the Director promptlv any changes in 

the plan as soon as those changes become reasonably. foreseeable. 

C) The City may disclose information contained in a three-yearplan to another Utility only 

on a need-to-know basis in order to facilitate coordination and avoid unnecessary 

excavation. If a Utility clearly and appropriately identifies information contained in the plan 

as confidential proprietary, a trade secret, or otherwise protected fiom disclosure, then to 

the maximum extent permissible under federal or homeland securif, and state, and local 

laws a-pplicable to public records, the City shall not disclose that information to the public. 

If the City determines that information is not clearly or appropriately identified, the City 

shall notifi the Utility that the City intends to disclose the requested information unless 

ordered otherwise by a court. 

D) A three-year repaving plan shall be prepared by the City Engineering Department 

showing all proposed repaving and reconstruction in the pavedportion ofthe rights-of-wav, 

revise and update the plan on an annual basis after receipt of the three-yearplans fiom the 

Utilities, and make the plan available for public inspection. 

E) The Director shall review and approve the three-yearplans or plan available and identifi 

conflicts and opportunities for coordination of excavations in the pavedportion ofthepublic 

riahts-o f-way. 

F) If Utilities propose to do excavations in the same paved portion of the public rights-ofway 

within a three-year period, the city shall issue permits for the work in a manner that 

maximizes coordination and minimizes the total period of construction. 

G) A developer shall provide for underground facilities-for Utilities to serve a development 

in accordance with applicable law for underground - facilities. The developer shall execute 

all required agreements relating to the underground -facilities, includina easements, and 

provide proof to the city that the agreements have been executed. 

HI The City may require conduit for underground-facilities in the pavedportion of the 

public rights-of-way. 

I) The City or another Utility may at its discretion install conduit andor other-facilities 

of its own when a street is opened or cut by a utility. Such conduit or other facilities 

shall be installed at the City's or Utility Company's cost, but the City shall notpay any 

part of the cost of the street o-pening. 

SEC. 28-1 67 FIELD UTILITY COORDINATION

The ROW User shall notifi, the Department at each of the following times during a project: a) 

forty eight (48) hours before the start of construction; b) upon completion of the initial 

backfill; and c) upon completion of the proiect. The ROW User shall mark the site of the 

proposed Excavation with White Lining andor flaas prior to making a request for locates and 

actual Excavation. White lining is not required for Excavations more than 60 feet long unless 

the Excavation is located in pavers, cobblestone, pavements, sidewalks, or other public 

flatwork. 

The ROW User shall make a request for a Utility locate in accordance with the requirements of 

the Texas Underground Facility Damage Prevention and Safety Act, Texas Utilities Code 

Section 251.001.et sec.; not more than(fourteen) 14 days and not less than forty eight (48) 

hours prior to the commencement of the-proposed ~xcavation. Such request shall be made to 

the ONE - CALL SYSTEM and the Utility Coordinator of the City. Such requests shall be 

made by telephone or facsimile and shall include the date, location, extent and reason for such 

proposed Excavation. 

The use of markers, stakes, poles, barricades or other devices shall be used as appropriate in 

such a way to avoid damage to adioinina property. The use of "Non-washable " markers is 

prohibited. 

The ROW User shall mark the proposed Excavation site with paint andor -flags in colors 

established by the One-Call System. The markings shall be placed a distance ofnot less than 

Jive (5) f2et in all directions fiom the outside boundary of the site to be excavated 

All Excavations shall commence within fourteen (I 4) days of the date of the Utility locate. In 

the event that the excavator fails to commence work within fourteen (14) days of the Utility 

locate marks are not visible at the time the Excavation is scheduled to commence, the ROW 

User is required to request a new Utility locate. 

Compliance with the Texas Utilities Code is required at all times. 

All barricades, plates, cones, traffic directional equipment, and all other traflc control devices 

owned by the ROW User and used on or near any Excavation shall be clearly and visibly 

marked with the name ofthe Permittee andor ROW Use for anyproject with duration ofmore 

than twenty four (24) Hrs as applicable, at all times such equipment is used on or near the 

Right of Way. An exception to the marking requirement may be made in the event the traffic 

control equipment is not owned by the Permittee or ROW User. 

SEC. 28-168 NOTICE 

Notice for purposes of this ordinance shall be made to City via, overnight courier (aenerallv 

used carrier with tracing available), or hand delivery with signed receipt, facsimile to the 

Department, or registered or certified Unitedstates mail return receipt required. Notice may 

also be given by e-mail if receipt of the e-mail is acknowledged by an e-mail fiom the 

8

Department referencing the notice e-mail. 

SEC. 28- 169 REGISTRATION 

All ROW Users, except a franchisee or licensee of the City that authorizes the Service provider 

to use the Public Right of Way and whose franchise or license shall serve in lieu of 

registration, must register with the City within thirty 130) days of effective date of this 

Ordinance. Any Person who is not an existing ROW User prior to the effective date of this 

Ordinance and who wishes to become a ROW User must-first register with the City. All ROW 

Users shall report all changes in its registration information within thirty (30) days of such 

change. Except as set out above. No ROW User shall be authorized to utilize the Right of Way 

in any capacity or manner without registering and obtaining the necessary Right of Way 

Permit fiom the City. 

SEC. 28-1 70 REGISTRATION INFOMTION 

The information required for registration includes the - following: 

A) Identity and legal status of ROW User and names under which it will own and 

operate of any Facilities on the Right of Way. 

B) Name, address, telephone number, fa number and e-mail address of officer, 

anent or employee responsible for the accuracy of the registration information. 

C) Name, address, telephone number, fa number and e-mail address of the local 

representative of the ROW User who shall be available at all times to act on 

behalf of the ROW User in the event of an emergency. 

D) If applicable, certification number issued by Public Utilities Commission of 

Texas. (P UCT) 

E) General Description of Services to be provided 

F) Insurance and bonding information. 

G) Employee Safety Certification Information. 

H) ROW users shall provide all such other information as may be reasonably 

required by the City to complete the renistration statement. 

SEC. 28- 1 71 EMPLOYEE SAFETY CERTIFICATION 

The ROW User operating Facilities or constructing Facilities in any Public Right of Way is 

responsible for the safe movement of pedestrian and vehicular traflc through the 

construction area. The ROW User shall obtain certification through a City approved

training organization for a suflcient number of em~lovees working within the Right of Wa/ 

such that a certified employee is present at the iob site during construction activities. The 

ROW User shall meet all requirements for barricading and traffic control as specified in the 

TMUTCD. Alternative training programs may be submitted to the Director for City 

certification. Only those individuals, who are qualified by means of adequate training in 

safe traffic control practices and have a basic understanding ofthe principles established by 

applicable standards and regulations, including those in TMUTCD, as evidenced by 

certification, shall place and maintain the traffic control devices in the construction area. 

Employee certificates shall be maintained current by ROW User at all times. An employee 

shall produce, upon request of an inspector or certified police officer, proof of a valid 

training certificate. 

SEC. 28-1 72 FOR UTILITY PLANNING AND COORDINATION GUIDE 

Please see Utility Planning and Coordination guide as adopted by ordinance 2005-0-022 

SEC. 28-1 73 REPORTING OBLIGATIONS 

All ROW Users shall provide on demand, proof of any necessary Permit, license, 

certification, pant, registration, franchise agreement or any other authorization required by 

any governmental entity, including, but not limited to, the City, State or Federal 

Government, including a description of the ROW User's intended use of the Right of 

Way, information sufficient to determine whether the ROW User is subject to 

panchising or licensing by the City, and information to determine whether the ROW User 

has applied for and received any certificate of authority required by the PUC. The 

information provided shall be suffacient to determine that the ROW User has applied. for and 

received any Permit or other approvals required by the FCC. ROW Users shallprovide all 

such other information as may be reasonably required by the City to complete the 

registration statement. 

SEC. 28-1 74 PERMIT REOUIRED 

It is unlawful for any Person, its agents, servants or employees to dig, plow, blast, make cuts, 

openings, bore, excavate or use the Rinht of Way for any purpose without first having made 

application and obtained a Permit. It is unlawful for any Person, its agents, servants or 

employees to make or cause to be made any Excavation in or under the surface of any Right 

of Way for the installation, repair or removal of any Facilities or for any other purpose 

without first obtaining fiom the Director a Permit in compliance with this chapter. 

A) Before issuing a Permit, the Director shall have been provided a written 

application on a form furnished by the Director setting forth the name and residence 

or business address of the Applicant, the location and a-p-proximate area of the 

Excavation, including its approximate length and width, and, ifthe Excavation is in a 

Street; whether it is parallel or transverse to the direction of the travel lanes, and the 

purpose of the Excavation. The ap~lication form shall include plans prepared in 

accordance with City of Laredo Standard Technical Specifications Manual.

B) At the time the Permit is issued, the A-p-plicant shall pay a non-refundable Application 

Fee in an amount as provided-for in this Chapter, except franchise or access-fee 

payee of the City shall be exempt-fiom the payment of such application- fee. 

C) The proposed location, de-pth and other characteristics of Facilities for 

which the Permit is issued shall be subject to approval of the Director, and all 

backfilling, compaction andpavement restoration performed for any excavation 

shall comply with the requirements of Chapter. 

D) No _fee or requirement authorized or imposed pursuant to this chapter shall be 

construed to affect or alter in any way obligation of public and private 

Utilities with Facilities installed in any Right of Way to relocate the Facilities at no 

cost to the City, subject to state law, if applicable, in the event that relocation is 

required by the City to accommodate a properaovernmental use ofthe Right of Ww. 

E) Combinations of Permits shall be permitted at the discretion of the 

Director. Fees shall be assessed based on the Excavations permitted. 

F) Subdivision monuments, historical markers, and any other signs or structures 

with foundations in the Right of Way, excluding bill boards, are subject to this 

Chapter. 

G) Any work to be performed with in the State of Texas Right of Way shall secure a 

permit-fiom the Texas Department of Transportation and the City if applicable 

and all inspections are subject to joint inspections by The Texas Department of 

Transportation and the City. 

H) A permit is not required under this section if the activitv in fhepublic right of' 

wq consi.sfs exclu.sive11) of the operalion and nlaintenance of facilities, provided 

szich work does not involve making a pavement czit or excavation in the pzrblic 

right of way. However proper traffic control if applicable must be installed. 

SEC. 28-1 75 EXCA VATION PERMIT APPLICATION 

Application-for a Permit shall be addressed to the Director and made on a form-furnished 

for that purpose, stating the extent, dimensions, character and purpose of the cut or 

Excavation to be made, the location, by street and number ifpossible where the work is to be 

done, and the time in which it is to be completed. The application form shall be accompanied 

by maps of the existing Facilities in the area of cipplicanf to the extent available, and the 

location of the proposed Facilities, methodolorn of construction; proposed start and 

completion dates. 

A) JOINT APPLICATIONS - Applicants may a-pply jointly for Permits to

excavate the Right of Way at the same time and place. Applicants who 

apply jointly for a Right of Way Permit may share in the payment of the 

Permit fee. Applicants must agree among themselves as to the portion each 

shall pay. The City will recognize only one point of contact. 

B) SUPPLEMENTARY APPLICATIONS - A Permit shall only be valid for the area of 

the Right of Way specified within the Permit. Nor Permittee may cause any work to 

be done outside the area specified in the Permit, except as provided herein. Any 

Permittee who determines that an area greater than that which is specified in the 

Permit must be excavated must: (a) make application for a Permit extension andpay 

any additional fees required thereby; and fb) receive a new Right of Way Permit or 

Permit extension. 

Permits will be issued or denied within five (q days of up-plication. Unless granted for a 

longer period, an Excavation Permit shall be valid for thirty (30) days and for the dates 

specified in the Permit. The applicant may request the Permit be valid for such longer 

period as mav be necessary in the circumstances, in advance, as part of the application. 

City may approve or deny the application-for such extended Permit period. No Permittee 

may commence work before the Permit start date or except as provided herein, may continue 

working after the end date. If a Permittee does not complete the work by the Permit end 

date, the Permittee must apply for and may receive a new Right of Way Permit or a Permit 

extension for additional time. This Sup-plementary Application must be submitted to the City 

prior to the Permit end date. If-permit is allowed to expire, ROW user shall procure new 

permit paying the applicable fee, before proceeding with any work. No permit is 

transferable. A permit shall be void unless the excavation to be made is commenced within 

time stated on permit. 

An extended Permit may be requested, and shall be issued within two days of application 

upon a showing of good cause. 

SEC. 28-1 76 EXCAVATION TO BE UNDER SUPER VISION OF THE DIRECTOR 

Any ROW User engaged in making or backfilling any Excavation in any Right of Way shall 

at all times while such work is in progress keep at the iob location the Permit, or a copy 

thereof: and shall, on demand, exhibit the Permit to the Director, Right of Way Manager or 

any police officer. At all time while the work is in profless the ROW User shall also 

maintain at the job location, a sign, barricade, or other device bearing the ROW User's 

name. 

The ROW User shallprotect~fiom damage, Utility conduits, sewer conduits, water conduits, 

lawns, shrubbery, trees, fences, structures, or other property at, near or encountered in his 

work.

All Excavations and other construction in the Streets shall be conducted so as to interfere as 

little as practicable with the use of Rights of Way and with the use ofprivate property, in 

accordance with any lawful and reasonable direction given by or under the authority of the 

governing body of the City under thepolicv and regulatory powers of the City necessary to 

provide for public convenience. The ROW User shall reasonably protect -from damage, 

Utility Facilities, sewer Facilities, water Facilities, lawns, shrubbery, trees, fences, 

structures, or other property encountered in his work The ROW User shall not trespass 

uponprivate property. The ROW Users shall determine the boundary between public Right 

of Way and private pro-perty to avoid encroachment if deemed necessary by Director. 

All transmission and distribution structures, lines, equipment and Facilities erected by a 

ROW User within the City shall be so located as to cause minimum interference with the 

proper use of the public Right of Way, and to cause minimum interference with the rights and 

reasonable convenience of property owners who ioin any of the said Streets. 

The City reserves the right to lay and allow to be laid, electricity, sewer, gas, water and 

other pipe lines or cables and Facilities, as well as drainage pipes and channels and Streets 

and to perform, and allow to be performed, any underground and overhead installation or 

improvement that may be deemed necessary or proper by the governing body ofthe City, in, 

across, along, over or under any grade ofany street and to maintain all the City's Facilities. 

In allowing such work to be performed by others, the City shall not be liable to a ROW User 

for any damage caused by those persons or entities. Nothing herein shall relieve any third 

party-fiom resuonsibility for damages caused to a ROW User by such thirdparty. Ifthe City 

requires a ROW User to adapt or conform its Facilities, or in any way or manner to alter, 

relocate or change its property to enable any other coryoration orperson, except the City, to 

use, or to use with greater convenience, any Right of Wq or public place, the ROW User 

shall not be required to make any such changes until such other corporation orperson shall 

have undertaken, with solvent bond, to reimburse a ROW User-for any loss and expense 

which will be caused by, or arise out of such removal, change, adawtation, alteration, 

conformance or relocation of a ROW User's Facilities; provided, however, that the City 

shall never be liable for such reimbursement. 

Except where otherwise provided by federal or state law, a utility shall install its facilities 

underground to the fullest extent possible iC 

I. electric and telephone utilities are already underground (for utilities other than 

electric and telephone); 

2. the utility to which the utility's trunkand feeder lines are attached is underground; or 

3. where required by law. 

gother Utilities convert fiom aerial to underground cable so that electric and telephone 

utilities are underground, each utility shall relocate previously installed aerial cable 

underground in concert with the utility or utilities that are converting fiom aerial to 

underground. 

All costs and expenses associated with the requirements of this subsection shall be borne by

the Utility, except where otherwise provided by law or by a cost allocation aweement among 

Utilities. 

SEC. 28-1 77 ADDITIONAL EXCAVATION PERMIT 

Subsequent to issuance of a Permit, if it is necessary to excavate a larger area than 

originally estimated, the Permittee shall at once pay to City the amount necessary to obtain 

the additional Permit necessary. 

SEC. 28-1 78 DENL4L OF PERMIT 

A-permit may be denied or suspended-for any of the.following reasons: 

A) Failure to provide proof of a surety bond or liability insurance acceptable to the 

City; or 

B) Failure to secure a Contractor's license or other required license; or 

C) Failure to perform in accordance with the requirement of the City of Laredo 

Standard Technical Specification Manual or in accordance with these provisions; or 

D) The Excavation would be in a New Street and not otherwise permitted by 

this Ordinance; or 

E) The proposed warning or other traffic control procedures or equipment do not 

Comply with the requirements of the TMUTCD 

F) The proposed activity would violate a City ordinance or State or Federal statute; or 

G) The Permit application contains-false or misleading information; or 

H) The activity would cause a public health or safety hazard; or 

I) The ROW User is not authorized within the City; or 

4 The ROW User is in violation of this Ordinance relative to work in progress. 

Denied Permits may be appealed as set forth in this Ordinance. 

SEC. 28-1 79 APPEAL 

A Right of Way user that: (I) has been denied registration; (2) has been denied a Permit; (3) 

14

has had a Permit revoked; or (4) believes that fees imposed are invalid, may have the denial 

revocation, or-fee imposition reviewed, upon written request as.follows: 

A) Aupellant shall provide, within five (5) business days of denial, a written notice of 

appeal filed with the Building - Develoument Services Director. The notice must state 

the alternative available and routes explored, hardship encountered, cost 

comparison of other alternatives available and a statement of any other sinnificant 

factors. The Building Development Services Director shall provide a written 

decision within five (5)business days of receipt of the up-peal. Failure to render a 

decision within five (5) business days shall constitute a denial. 

B) If a further denial is given, the applicant may thereafter file a written Notice of 

Appeal with the City Manager within five (5) business days. The notice must state 

the alternatives available and routes explored, hardship encountered, cost 

comparison of other alternatives and a statement of anv other significant. factors. 

The City Manager shall provide a written decision within the ten (I 0) business days. 

Failure to render a decision within the ten (10) business days shall constitute a 

denial. 

DNISION 2. TECHNICAL SPECIFICATIONS 

Sec. 28- I80 

STANDARDS 

Construction standards for all Utilities and public improvements are in the City ofLaredo 

Standards Technical Specification Manual. 

SEC. 28-1 81 COMMENCEMENT AND COMPLETION 

After obtaining - the Permit and prior to commencing - the work, the Permittee shall noti@ the 

Right of Way Manager,, and shall commence and complete all work within the time specified 

in the Permit unless an extension of time is granted by the Director. 

SEC. 28-1 82 SAFE CONDUCT OF WORK 

Every Permittee and ROW User shall urosecute its work diligently and in a good, safe, and 

workmanlike manner, and shall safeguard - andprotect the public using the Street or Right of 

Way where the work is being performed fiom accidents or damage byplacing barriers, lights 

and other sufficient safeguards around all cuts, openings, and Excavations. All material, 

implements and tools stored won the premises and used in connection with the Excavation 

shall be stored in a safe and a non-hazardous manner. 

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SEC. 28-1 83 EMERGENCY EXCA VATIONS 

Nothing in this Ordinance shall be construed to prevent any Person operating and 

maintaining any pipe, conduit, or duct in or under any Street, or Right - of Way by virtue of 

any law, ordinance or Permit, fiom making such Excavation as may be necessary to restore 

service due to unforeseen outage, for compliance with law or for the preservation of l@ or 

property when the necessity arises, provided that the Person making the Excavation shall 

notifi the Right of Way Manager within twenty four (24) hours. Except as specifically 

provided otherwise in this Ordinance, Excavations authorized by this section shall be subiect 

to all fees and requirements of this Ordinance. 

SEC. 28-1 84 TRAFFIC CONTROL SAFETY 

In the event of non-compliance with the TMUTCD, the ROW User shall be notified in writinz 

of the violation, and all work must stop immediately until ROW user comes into compliance. 

In the event of continued non-compliance, the Director may revoke the Permit, in addition 

to any other remedies available to the City. 

SEC. 28-1 85 

RESTORATION OF EXCA VATION IN PA VED SURFACES 

The Permittee shall complete pavement restoration of the excavated area within the 

approved time on the application on major arterial and collector Streets and on residential 

Streets after final backfill is completed and accepted by the Director. The Permittee shall 

conduct the work with a minimum disturbance to existing Utilities and shall coordinate all 

work in or near the existing Utilities with the Utility Owners. 

A) EXCAVATION IN NEW STREETS 

There shall be no Excavation in New Streets without the prior approval of the 

Director or Right of Way Manager. Any request for a Permit to excavate a New 

Street shall include a description of the proposed work and proposed restoration of 

the area, as well as a statement as to why alternate procedures cannot or should not 

be used in lieu of excavating a New Street. If excavation is approved by the Director 

or Right of Way Manager, depending on site and area of street, will require 

repavement of street. 

B) EXCAVATION IN ARTERUL STREETS IN GOOD CONDITION 

A permit holder shall perform jacking and boring operations in a manner that does 

not weaken or impair the Right of Way upon completion of restoration of the 

Excavation. 

Excavation in all Streets in good condition regardless of age should not occur 

without prior approval of the Director or Right of Way Manager. 

Restoration of the excavated area ofstreets in good condition shall be in accordance 

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with this Ordinance. 

C) RESPONSIBILITY OF EXCA VA TED AREA MAINTENANCE 

A Permittee or ROW User shall maintain their repairs in the Right of Way _for a 

warranty period of one year. 

SEC. 28- I86 LA WFUL USE OF RIGHT OF WAY 

A) The use ofthe Right of Way in any manner which violates federal, state, or local laws, 

or City codes and regulations, including, without limitation, those relating to health, 

safety, noise, environmental protection, waste disposal and water and air quality, is 

prohibited. All Permittee's shall provide satisfactory evidence ofcompliance with the 

foregoing upon request of the City. 

B) Permittee shall dispose of all material removed fiom the Right of Way and any waste 

created by Permittee in compliance with all state, federal and local laws and 

requirements. 

C) If a Permittee discovers any contaminated, regulated, or hazardous materials in 

The Right of Way, Permittee shall be responsible for environmental assessment, 

Excavation, testing, transportation, and disposal of any such contaminated or 

regulated material in accordance with up-plicable law, or the Permittee may elect to 

abandon the contaminated area of the Right of Way and reroute around the 

contaminated area. The Permittee shall promptly notifi, the Right of Way Manager or 

Director in writing - of the condition. 

SEC. 28- 187 TREE TRlMMING AND GRAFFITI ABATEMENT 

Permission is granted to a ROW User, to trim trees upon and overhanging the Public Right 

of Way, so as to prevent the branches of such trees fiom coming in contact with a ROW 

User's Facilities. ROWuser will coordinate its vegetation management activiiies within und 

/or adjacent to the Public Right-of-way with uppropriate City ciepartments including Trc~fic 

Sufett~ and Parks and Leiszire. All vegetation management activities afecting the Pziblic- 

Right-of Wiiy shall he performed in accorclance with federal undstate mandates regztlatiny 

vegefation manaxement activities. The City shall report damage or vandalism to the ROW 

User's Facilities as soon as practicable after City discovers or learns of such event. The 

ROW User shall make the necessary repairs or restoration, including cleaning ofgrapti, 

within forty-eight - (48) hours after the ROW User discovers or learns of any misuse, 

destruction, damage, or vandalism to its Facilities. 

SEC. 28-1 88 CONFORMANCE WITH MAJOR THOROUGHFARE PLAN 

A ROW User shall consult the City's Major Thoroughfare Plan ("MTP") prior to the 

17

acquisition of any interest in real properv in the City for the installation or relocation of 

Service lines or other equipment or Facilities along or adiacent to any Street, Right of Way, 

thoroughfare, highway, or any proposed Street, Right of Way, highway or thorouahfare to 

attempt to minimize any future conflict regarding the location ofsuch Facilities. All ROW 

Users are charged at all times with constructive notice of the MTP subsequent to the 

effective date of this Ordinance. The City shall have no liability for the value of or loss by a 

ROW User ofany imurovements constructed in the area shown in the MTP subsequent to the 

effective date of this Ordinance. 

SEC. 28-1 89 RIGHTS RV THE EVENT OF ABANDONMENT 

In the event the City closes, vacates, abandons or conveys any Right of Way containing 

Facilities ofthe ROW User, any such closure, vacation, abandonment or conveyance ofland 

shall be subiect to the rights of the ROW User. 

SEC. 28-1 90 SUPER VISION BY CITY OF LOCATION OF POLES AND. CONDUITS 

All poles in the Rights of Way shall be ofsound material andstraight, and shall not interfere 

with the flow of water in any gutter or drain, and shall be placed at locations within The 

Right of Way as specified by auplicable law so as not to unduly interfere with either 

vehicular or pedestrian travel. The location and route of all conduits, fiber, cables 

placement ofpoles, stubs, guys, anchors and Utilities and Facilities placed and constructed 

by a ROW User in the construction and maintenance ofits system in the City shall be subiect 

to the reasonable and proper control, direction and a~~roval of the City provided that there 

are no conflicts with any State or Federal laws. 

SEC. 28-191 ATTACHMENTS TO POLES 

A) Nothing shall obligate or restrict a ROW User fiom exercising its right to 

enter into a pole attachment, pole usage, ioint ownership or other wire space or 

Facilities agreement with an owner of the pole or with other wire-using companies 

authorized to operate within the Public Right of Way of the City. 

B) A ROW User shall utilize existing poles, conduits, and other Facilities whenever 

reasonable andor economically feasible. Prior to the utilization ofany Right of Way 

for the placement of any of its Facilities, the ROW User shall make available to the 

Director any utility pole usage agreement with each Utility within the City currently 

owning poles, conduits, and other Facilities, whose poles, conduits and Facilities are 

to be used. Utility or facilidies attached to goles in righr of'wav who provide digital 

electronic files of utilities or facilitiesplrcement in ROWdo not have to subtnit Utility 

pole tagi-eement. 

SEC. 28-1 92 TEMPORARY REARRANGEMENTS OF AERUL WIRES 

The ROW User shall rearrange its transmission media temporarily as necessary to permit 

18

the moving ofhouses or other bulky structures. The requesting-parties shall pav in advance 

the reasonable and necessary expense ofsuch temporary rearrangements. The ROW User 

shall be given not less than five (5) days advance notice to arrange for such temporarv 

rearranpements. The ROW User shall remove its transmission media in connection with the 

demolition of unsafe structures, including emergency or ordered demolitions at no cost to the 

City. The ROW User may invoice thirdparties for the cost of this work where applicable. 

Nothing in this section, however shall be read to impose any financial burdens on the City 

for requesting the temporarv rearrangement - of aerial wires. 

SEC. 28- I93 BACKFILL OF EXCA VATED AREA 

Open trenches may be temporarily backfilled for the convenience of the Permittee or the 

public safety according to City ofLaredo Standard Technical specification manual, At least 

one (1) hour prior to beginning - permanent backfill operations, the Permittee shall notifi the 

Director ofthe time the backfill will begin. - Inspector must arrive within one hour ofagreed 

time other wise pernzanent backfill can commence. 

All excess water and mud shall be removed fiom the trench prior to backfilling. Anv backfill 

placed during - a rainy period or at other times, where excess water cannot beprevented-fiom 

entering the trench, will be considered temporary and shall be removed as soon as weather 

permits. All disturbed base material or any base that has been underminedshall be removed 

and discarded. The new roadway base material shall be according to the City of Laredo 

Technical Specification Manual. 

SEC. 28- 194 RESTORATION OF PA VEMENT 

Unless otherwise specified in the Permit, restoration of the asphalt pavement ofany Street, 

allev Right of Way or otherpublic place shall be performed by the Permittee or by the City, 

upon request by the Permittee. Nothing in this section shall relieve the ROW User-fiom the 

responsibility to maintain the Excavation or installation in a safe condition until it is 

repaved by Cit/ or otherwise restored. In addition to all other applicable fees or charges, if 

the City performs the repaving of the ROW User shall pav-for the repaving based on Qpe of 

construction repair as per Section 28-21 8. 

A) No trench shall be opened in any street for the purpose oflavingpipes, conduits or 

ducts more than three hundred (300) feet in advance of the pipe, conduit or ducts 

being - - placed in the trench, other than with the prior written consent of the Director. 

B) All Excavations shall comply with the City of Laredo Standard Technical 

Specification Manual. 

C) Any excavated-pavement, debris and other rubble shall be removed, together with 

any surplus material, within one (I) working day fiom the time such material is 

19

placed upon the street. After backfilling is completed, and prior to repaving the cut, 

the ROW User shall remove all loose paving material and trim the edges of the 

Excavation at the street surface to the satisfaction of the Director. 

D) Whenever any caving occurs in the sidewalks of any Excavation, the pavements 

above such caving shall be cut away, trench backfilled and pavement restored in 

accordance with the City ofLaredo Standard Technical Specification Manual. In no 

case shall any side or lateral tamping fill any void under a pavement. 

SEC. 28-1 95 EXCA VATION SPECIFICATIONS 

All Excavations shall be made in accordance with plans submitted with the Permit 

Application and in accordance with spec$cations set-forth in the City ofLaredo Standard 

Technical Specification Manual. All Excavations shall be repaired in such a way so as not 

to become depressed, cracked, broken, or in any way fail during the one year warranty 

period. 

SEC. 28-196 CLEANUP OF RIGHT OF WAY 

In every case and at all times, the work ofremoving fiom the Right of Way all obstructions, 

surplus materials, debris and waste matter of every description caused by and accumulated 

@om the Excavation shall be the responsibility of the ROW User. Streets shall be cleaned b.v 

use ofa street sweeper, on bin project. The ROW User shall clean the surrounding area, as 

outlined above, within two (2) days upon completion and approval of all trench work and 

pavement restoration unless the Director has been given sufficient reason to grant an 

extension of time. Failure to leave work area clean will result in citation. 

SEC. 28-1 97 SUBSTANDARD REPAIR OF PA VEMENT OR RIGHT OF WAY 

In the event the pavement or the surface of the Street or Right of Way in, over or near any 

Excavation should become depressed, cracked, broken or-fail in any way within one year 11) 

fiom the date of completion of the Repair ROW User shall perform such additional 

restoration work to the reasonable satisfaction of the City, or pay the City for its reasonable 

cost to restore the Street or Right of Way, provided the Repair or initial construction has not 

been disturbed or ; undermined by another ROW User or through some other independent 

intervening event or condition beyond Permittee 's reasonable control. Nothing contained 

herein shall limit any other remedies available to the City. 

SEC. 28-1 98 FAILURE TO COMPLETE WORK WITHIN SPECIFIED TIME 

In the event any workgoverned by this Ordinance is not completed by the ROW User within 

the time required or in accordance within the specifications required herein or by the 

Director, the Director may cause such work to be performed as is necessary to secure the 

work area to a safe andpassable condition. The ROW User shall reimburse the City for the 

costs of securing the site. 

20

SEC. 28-1 99 PERMANENT PAVEMENT REPAIRS 

All permanent pavement repairs shall be made under one of the two following methods: 

A) PERMANENT PAVEMENT REPAIRS BY CITY - If the City is to make the 

permanent pavement repairs, the ROW User shall maintain the excavated areafor a 

period of two (2) weeks after acceptance by the Director. After the two week period, 

the City will be responsible for maintaining the excavated area until final restoration 

is made. Backfill failures shall remain the responsibility of the ROW User. The 

ROW User shall reimburse the City based on Section 28-218 for all costs of any 

backfill failure before andor after permanent repair. 

B) PERMANENT PAVEMENT REPAIRS BY ROW USER - If the ROW User is 

authorized to make permanent pavement repairs, the ROW User will maintain the 

excavated area until permanent ~avement restoration of the excavated area is 

complete. The ROW User shall make final repairs within five (5) working days on 

residential, local streets after the Director makes final inspection. Backfill failures 

shall remain the responsibility of the ROW User. 

SEC. 28-200 RESPONSIBILITIES FOR SIGNS, BARRICADES, AND WARNING DEVICES 

The ROW User working in any Right of Way is responsible for the safe movement oftraffic, 

both pedestrian and vehicular, through the construction area. The ROW User shall meet all 

requirements for barricading and traffic control as specified in the TMUTCD. 

A) Only those individuals, who are qualified by means of adequate training in safe 

traffic control practices and have a basic understanding of theprinciples established 

by applicable standards and regulations, including those in TMUTCD, shall place 

and maintain the traffic control devices in the construction area. All signs and 

barricades must conform to the requirements of the TMUTCD and be inspected and 

approved by the Director or designee. 

B) The ROW User must either (i) subcontract the barricading to a firm specializing in 

trafic control, or (ii) submit the qualifications and name(s) of employees to the 

Director for approval prior to the work commencing. They must also submit a traffic 

control plan for review. All signs and barricades must conform to the requirements 

of the TMUTCD. 

C) All barricades, plates, and other traffic control equipment must conform to 

TMUTCD specifications and must be inspected and approved by the Director or 

designee. 

D) Non-Compliance with the TMUTCD shall be cited in writing. In the event ofnon-compliance

afier citation, the Director mav ulace the necessary devices as required and the ROW USER 

shall pay the charges therefore. The ROW User shall reimburse the Building Development 

Services Department for all such exuenses m well as $500. 00-for non-compliance. Failure to 

comply with this provision may result in denial of a-uplication for future uermits. 

E) All traffic control devices must be removed immediately upon completion ofwork. 

SEC. 28-201 

DUTY TO BARRICADE 

At all times during construction activity, the Contractor andor ROW User, as a-pplicable, shall 

place and maintain all necessary and proper barriers and other safeguards, including certified 

person in accordance with the safety training described in this Ordinance, if necessary, upon and 

around the work for the prevention ofaccidents, and after daylight hours, shall place, maintain and 

keep suitable sufficient lights, in accordance with the TMUTCD. 

SEC. 28-202 INSPECTION 

The Permittee shall make the work-site accessible to the City, and others as authorized by law, -for 

inspection at all reasonable times during performance of the work. 

SEC. 28-203 MA TERULS TESTING 

The Department may require testing of materials used in construction in or near the Rinht of Way to 

determine conformance to required specifications, including, but not limited to, compaction tests on 

backfill materials, sub grade, aggregate base course, Portland concrete (ripid pavement), as-phaltic 

concrete (flexible pavement) and other construction material as deemed necessary by the 

Department. 

SEC. 28-204 DUTIES OFPERSONS MAKING EXCA VATIONS OR CREATING OBSTRUCTIONS 

Any Person who shall cause to be made any Excavation or obstruction in any Street or Right of Way 

may not remain there beyond a time reasonably sufficient-for the completion of the work andor 

removal ofthe obstruction, andshall repair the subjectportion ofsuch Street, or Right of Way so as 

to restore the same to its condition previous to the makiiw ofsuch cut or obstruction. It shall be the 

duty of the excavators to protect the area while such condition exists and promptly to repair the 

same so as to leave the street or Right of Way in as good condition as before the Excavation. 

A) In this section, "obstruction" means any object or structure that blocks or impedes the 

construction or maintenance of public works, including private facilities that provide 

electricity, gas, - information services, sewer service, steam, telecommunications, traffic 

controls, transit service, video, water, or other services to customers; shrubbery or plants 

of any kind; and storage materials. 

B) If a person fails or refuses to shift, aaqist, accommodate, or remove an obstruction after

easonable notice, the City may shift, adjust, accommodate, or remove the obstruction, and 

the City will charge the person having - or maintaining the obstruction for the cost of 

performing the work. 

C) Conflicts among right-of-way users. In case of a conflict among utilities as to placement of 

facilities in the public rights-of-way, the City shall have the authority to direct the resolution 

of such conflict. In such a resolution the Citv shall seek to accommodate the reasonable 

needs of each utility, as well as the public health, safety, welfare, and convenience, to the 

maximum extent possible. 

SEC. 28-205 CEASE WORK ORDER 

At any time, the Director may order the immediate cessation ofany work which poses a threat to the 

health, safety or well being of the public. The Director may revoke the Permit of any Permittee in 

any instance where there is a threat to the health, safety or well being - of the public. 

SEC. 28-206 

RE VOCATION OF PEWIT 

The City reserves its right, asprovided herein, to revoke any Permits, without refund ofthe Permit 

fee, in the event of a breach by the Permittee of the terms andlor conditions of the Permit or of this 

Chapter or any City Ordinance. A breach of the Permit shall include, but not be limited to the 

follow inn: 

A) The violation of any provision of the Permit; or 

B) An evasion or attempt to evade any provision of the Permit, or the 

perpetration or attempt to perpetrate any-fiaud or deceit upon the 

Citv or its citizens; or 

C) Any material misrepresentation of any fact in the Permit Application; or 

D) The failure to meet insurance, surety bond, or indemnification requirements; or 

E) The failure to complete the work in a timely manner; or 

F) The failure to correct a condition indicated on an order issued pursuant to 

this Ordinance; or 

G) Repeated traffic control violations; or 

H) Failure to repair Facilities damaged in the Right of Way; or 

I) Violation of any part of this Ordinance. 

23

lf the Director determines that the Permittee has committed a breach of any law or condition of the 

Right of Way Permit, the Director shall make a written demand upon the Permittee to remedy such 

violation. Continued violation may be cause for revocation of the Permit, or legal action, or both. 

The Director may revoke the Permit; provide specifications to cure the breach, or both. Within five 

days calendar days ofreceiving notification ofthe breach, Permittee shall contact the Director with 

a plan, acceptable to the Director, -for correction of the breach. Permittee's failure to do so or 

Permittee's -failure to timely implement the a-p-proved plan shall be cause for revocation of the 

Permit. 

SEC. 28-207 RIGHT OF WAY RESTORATION REQUIREMENTS 

The work to be done pursuant to the Permit and any repair and subsequent restoration of the Right 

of Way must be completed within the dates specified in the Permit. In the event of circumstances 

beyond the control of the Permittee or when work is prohibited by unseasonable or unreasonable 

conditions, the Director may extend the dates on receipt of a substantiated supplementary 

ap~lication_for a Permit extension. 

All earth, materials, sidewalks, paving crossing, or improvement of any kind which are owned or 

possessed by City and damaged, disturbed, or removed by a ROW User shall be fully repaired 

promptly by the ROW User at its sole expense, as per the Cit/ of Laredo Standard Specification 

Manual. After any Excavation, the ROW User shall, at its exuense, restore the Right of Way, trench 

envelope, pavement structure and the surrounding area, to the same or better condition than it was 

prior to the Excavation. 

In the event the ROW User fails to restore the Right of Way in the manner and to the condition 

required herein, or fails to satisfactorilv and timely complete all restoration, the City may, at its 

option, serve written notice upon the ROW User that, unless within five (5) days after sewing ofsuch 

notice a satisfactory arrangement can be made for the proper restoration ofthe Right of Wa-Y by the 

ROW User, the City for any and all costs incurred by the Citv by reason of such prosecution and 

completion, including, without limitation, the applicable Public Inconvenience Penalty will bill 

ROW user. Nothing contained herein shall limit any other remedies available to the City. 

If any Excavation cannot be backed-filled immediately, the ROW User shall securely and adequatelv 

cover the Excavation and maintain pro-per barricades, safety fencing and/or lights as required, fiom 

the time of the opening of the Excavation until the Excavation is surfaced and opened for travel. 

In all Right of Way restoration, the ROW User guarantees its work and a one year warranty shall be 

given following completion of the restoration. During the period. following completion, the ROW 

User shall, in the event of any failure of the restoration, upon notification -from the Director, 

reimburse City for (i) pavement restoration costs, and additionally, the ROW User in the event of 

such failure shall within -forty-eight (48) hours of notice fiom City, repair the subiect trench 

envelope.

A one year warrant, guarantee period shall be a-~~licable to failure of the pavement surface as well 

as.failure of the trench envelope. Notwithstandina remediation of the pavement structure by Cit,, the 

ROW User retains repair responsibilit, at all times during the guarant/ period for the trench 

envelope. 

A Right of Way User whose work is completed by the City shall, on completion of the work and 

according to the certified bill of the cost thereof to be prepared by the Director, pay to the City, on 

its order, the amount of the certified bill as reimbursement-for such work. 

SEC 28-208 

REMOVAL AND RECONSTRUCTION WHERE WORK DEFECTIVE 

All construction work in the Streets, Right of Way, sidewalks and public places of the City is 

declared to be subiect to the exclusive control of the City, and whenever, in the opinion of the 

Director, any such workshall not have been duly completed within a reasonable time or shall have 

been executed in a defective manner, whether because ofbad workmansh{p or materials or because 

not true to the lines or grades or specifications thereof given to him by the Director, then upon 

written demand or notice fiom the Director, such ROW User or Contractor shall-promptly remedy, 

complete or remove and reconstruct such incomplete or defective work all as the Director m q 

require, and these provisions shall also a-pply to all repair and maintenance work. If the Contractor 

or ROW User shall fail or refuse to do so within a reasonable time to be specified by he Director, 

then, if the Director shall so order, such work shall be completed or corrected or removed and 

wholly or partially reconstructed by the City, in such manner as in the opinion ofthe Director may 

be necessaiy to make such work as good as originally required, and such work may be done bv 

contract or otherwise, under the direction of the Director. The expenses for such corrective work 

shall be changed to the ROW user. 

SEC. 28-209 LOCATION AND RELOCATION OF FACILITIES 

Unless barred by Federal or State law, the ROW User shall, upon the request of the City, locate 

andor relocate its Facilities situated within any Riaht of Way, at no exFense to the City, where 

reasonable and necessary to accommodate street widening and straightening, or public improvement 

proiects of the City. When aprlicable State or Federal law requires the RO Wusers to pay such cost 

and expenses when relocation is necessitated by federal government requirement, and includes 

reimbursements, the City will reimburse Applicantfor its proportionate share from-funds provided 

the City in such reimbursements. 

SEC. 28-21 0 PRE-EXCA VATION FACILITIES LOCATION 

The ROW User shall contact the one call center number so long as that center is in existence or such 

other center at the time utilized by City, at least 48 hoursprior to Excavation. The ROW User shall 

protect and support all Utility Facilities during construction.

SEC. 28-21 1 RELOCATION FACILITIES FOR CITY 

In the event the City finds it necessary to move a ROW User's equipment to protect it, City shall 

notifi the local representative of the ROW User. ROW User shall promptly move or facilitate the 

. . . - relocation of the subiect Facilities at ROW User '.Y expense. 

SEC. 28-21 2 RIGHT OF WAY VACATION AND RESER VATION OF RIGHT 

In the event ofvacation ofa Right of Way requiring the relocation ofFacilities, the ROW User being 

relocated shallpay the costs of the relocation where the ROW User does not own an easement or 

other real property interest. 

SEC. 28-21 3 ABANDONED FACILITIES 

A ROW User owning Abandoned Facilities in the Right of Way shall: 

A) Remove its Facilities and repair, at its expense, any damage caused by the removal. 

The Director may allow some or all Facilities to remain if the Director determines 

same is in the best interest of the public to do so; or 

B) Provide information sat is factor^ to the City that the ROW User's obligations for its 

Facilities in the Right of Way have been lawfully assumed by another authorized 

ROW User. 

The Facilities of a ROW User who -fails to comply with this section, and those Facilities which 

remain unused for two (2) years, shall be deemed to be abandoned unless, within the aforesaid two 

year period, the Citv receives written confirmation and reasonable evidence that the ROW User 

intends to use the Facilities. The Citv may exercised any remedies or rights it has at law or in 

equity including, but not limited to, taking possession of the Abandoned Facilities or requiring the 

removal of the Facilities by the ROW User. 

SEC. 28-21 4 ROUTING AND SPA TUL ASSIGNMENT 

The City reserves the right, in the Permit or otherwise, to restrict or determine the route (pathway) 

and/or spatial location, including the de-pth and horizontal and vertical orientation of any facility 

and Utility structure in the Right of Way. 

DIVISION 3. COSTS, FEES, AND ENFORCEMENT 

SEC. 28-215 FEES 

A) PERMIT APPLICATION FEE - There is a Permit application fee of ($50.00) fifty 

26

dollars. Permits shall be issued or denied within five (5) days. There is an 

ExpeditedA-pplication 

- Fee of ($250.00) Two-Hundred Fifty dollar for Permits which 

shall be issued or denied within two (2) days. The fees are paid by an Applicant 

when a Permit is issued. The fees are charged for administration and input ofpermit 

data. An expedited permit may be requested upon a showing good cause, including 

but not limited to upending order for service that cannot be met by means ofexisting 

Facilities of the ROW User. In such event an expedited Permit may be requested and 

shall be issued or denied within two (2) days of application. 

B) RVSPECTION FEE - The work allowed by each Permit shall be subject to inspection 

and approved by the Director. There is an Inspection fee of two hundred dollars 

($200.00). The Department shall conduct a minimum of three inspections during 

regular working hours. The fee shall be paid at the time of application for a Permit. 

Inspections may be performed on any and all Excavations, at the discretion of the 

Director, based on previous performance ofthe Utility Owner, location ofExcavation, 

type ofwork andlor construction methodoloay. Overtime inspection fees are incurred 

at a rate of $40.00 per hour Monday thru Friday and $70.00 per hour on Saturday, 

Sundays and holidays. Residential driveways and sidewalks are exempt fiom the two 

hundred dollars ($200.00) inspectionfee. 

C) PERMIT EXPIXATION DATE -A fee of thirty dollars ($30.00) will be charged for 

any Permit that has not been extended before its expiration date and for any Permit 

when work has not been completed by the ex-piration date provided for in the 

Permit. The thirty (30) day period begins with the date of issuance of the Permit. 

D) ELECTRONIC MAPS SUBMITTAL FEE - A fee of forty dollars ($40.00) per hour 

will be charged for each hour of labor necessitated by information submitted to City in 

hard copy format in lieu of submittals to City in electronic format. There is a 

minimum of two hours. 

E) REGISTRATION FEE - There is a fee of fifty ($50.00) dollars per Right of Way User 

per year for processing registration - information, which fee will be collected upon 

registration. 

F) When administration of this article for a particular activity is or will be unusually 

costly to the city, the Director may require an applicant or Permittee topay any sum 

in excess of the amounts provided herein. This additional sum may not exceed actual 

costs incurred by the city and shall be charged on a time and materials basis. 

Whenever additional fees are charged, the Director shall provide in writing the basis 

for the additional-fees. 

G) Fees under this section shall not be applicable to the holder of a state-issued 

certificate of fianchise authority to the extent such a fianchise holder is exempted 

from permit fees. 

27

SEC. 28-21 6 PENALTIES FOR VIOLATION OF THIS CHAPTER 

Each violation ofthis Ordinance for failure ofa ROWuser to secure apermit shall be punishable as 

follows: for the first offense a permit fee for (five hundred) $500 dollars shall be imposed-for the 

second offense a permit fee of (one thousand) $1,000) dollars shall be imposed and for a third 

offense a permit fee of (two thousand) $2.000 dollar shall be imposed. After the third offense an 

offenders registration shall be suspended for a period of 90 days during which no permits of any 

kind shall be approved for such ROW user. Any such suspended ROW users shall pay a 

reinstatement- fee oftwo thousand- five hundred ($2500.00) dollars ifand when the Director a-pproves 

the ROW users reinstatement. Any fines that are collected pursuant to this Section shall be 

deposited in to Fund no. 1530. 

SEC. 28-21 7 PUBLIC INCONVENIENCE PENALTY 

Public Inconvenience Penalties are assessed and calculated fiom the date of expiration of the Permit 

until date of completion of work or repair or of final backfill if turned over to the Department for 

repair. This penalty shall not exceed and is capped bv statutow limits. Public Inconvenience 

Penalties are charged per day as follows: unless exempt by state law. 

Type of Facility Unit of Cost Fee Rate 

31 -75 Davs 76-90 Days 90-1 00 Davs >I 00 Davs 

fa) Traffic Lane Per Sauare Foot $0.0521 $0.1042 $0.1563 $0.2084 

@) Sidewalk Per Sauare Foot $0.0026 $0.0052 $0.0078 $0.01 04 

(c I Driveway Per Each $39.00 $78.00 $11 7.00 $156.00 

fd) Parking Per Meter $14.00 $21.00 $28.00 $ 42.00 

Metered Traffic Lane (Parkina meter) *In addition to Traffic Lane Fee 

SEC. 28-218 City Construction Repair Cost 

If the City is to make the permanent pavement repairs, the ROW user shall pay City for 

reasonable cost to restore the Street or Right of Wav, in accordance with the following schedule:

- 

TYPE OF REPAIR 

Street with concrete with asphalt surface 

Street with flexible base or soil stabilized base with asphalt surface. 

Concrete sidewalk or driveway 

Concrete curb and gutter 

Full depth colored concrete for accessible ramps 

Full colored stamp concrete 

*Any other such as drainage structure inlet, manhole, culvert, 

concrete lined channel pipe, and water and waste water lines. 

UNIT COST 

$40.00 SF 

$25.00 SF 

$1 5.00 SF 

$25.00 LF 

$30.00 SF 

$25.00 SF 

* based on actual cost + 

bond and insurance 

DIVISION 4. 

INDEMNIFICATION, INSURANCE, BONDING, AND LLA BILITY 

SEC. 28-21 9 LLA BILITY OF RIGHT OF WAY USER 

To the extent allowed by law, the Right of Way User shall be liable to the City for any damage or 

loss occasioned by any act or omission occurring in connection with his Excavation, andsubject to 

state law, the ROW User shall fully indemnifi, hold harmless and defend City, its officers and 

employees fiom and against any and all suits, actions, judgments, losses, costs, demands, claims, 

expenses (including attorney's fees), damages, and liabilities of every kind to which the City, its 

officers or employees may be subjected for injury of any type, death or property damage arising 

fiom or connected with any such act or omission. City shall promptly notifi a Permittee, or ROW 

User, at the address set forth in the Permit, or last known address, of any claim or suit sewed upon 

the City and alleging negligent or wrongful conduct by the Permittee or ROW User in connection 

with an Excavation. 

SEC. 28-220 INSURANCE 

A) Right of Way Users shall furnish an original completed Certificate ofInsurance or 

The City's Standard Certificate o fInsurance form to the City's Finance Department, 

Purchasing Division. ~uilding ~&elopment services and ~ isk 

which shall be completed by an agent authorized to bind the named underwriterh) 

and their company to the coverage, limits, and termination provisions shown 

thereon, and which shall furnish and contain all required information referenced or 

indicated thereon. The original certificate(s) or form must have the agent's original 

signature, including the signer's company affiliation, title and-phone number, and be 

mailed directly fiom the agent to the City. The City shall have no duty to pay or 

ana age me it ~ivision

perform under this Ordinance until such certificate shall have been delivered to the 

City's Finance Department, and Building Development Services Department, and no 

officer or employee, other than the Citv's Risk Manager, shall have authority to 

waive this requirement. 

B) The Citv reserves the right to review the insurance requirements of this section to 

modifi, insurance coverage and their limits when deemed necessary and prudent by 

the City's Risk Manager based upon changes in statutory law, court decisions, or 

circumstances surrounding this Ordinance, but in no instance will the City allow 

modification whereupon the Citv incur increased risk. 

C) Subject to the Right of Wav User's right to maintain reasonable deductibles in such 

amounts as are a-~proved by the Citv, Right of Way Users shall obtain and maintain 

in full force and effect for the duration of the Permit, and any extension thereof; 

andor duration oftime it maintains Facilities in the public Right of Wq, at the Right 

of Way User's sole expense, insurance coverage written on an occurrence basis, by 

companies authorized and admitted to do business in the State of Texas and rated A- 

or better , in the followina types and amounts: 

TYPE 

AMOUNT 

1. Worker 's Compensation Statutory 

Employer 's Liabiliv $1,000,000/$100.000/$1,000,000 

2: Commercial General (Public) Liabilitv Insurance to include coverage for the following: 

a) Premises/Operations Bodily Iniury and 

b) Indeuendent Contractors Property Damage of$2,000,OOO per occurrence 

C) Products/completed operations $5,000.000 General 

d) Contractual Liability agnreaate or its equivalent in umbrella or 

excess liabilitv coverage. 

e) Personal Iniury 

fl Explosion, collapse, underground 

g) Broad-fiom property damage, to include 

fire legal liabilitv 

*3. Business Automobile Liabilitv Combines Single Limit for Bodily Iniury and 

a) OwnedLeased vehicles Properv Damage o f$l, 000, OOOper occurrence 

b) Non-Owned vehicles or its equivalent. 

c) Hired vehicles 

*#. Professional Liabilitv $1,000,000 per claim to pav on behalf of the 

(Claims made from) 

insured all sums which the Insured shall 

become legally obligated to pav as damam 

by Reason of any act, malpractice, error or 

omission in professional services. 

30

*5 Contractor's Pollution Liability Coverage $1,000,000 written on a claim made fiom with 

a two year extended reportinnperiod. 

*6 P p 

Coverage endorsing the upset, overturn occurrence form) (Combined Single Limit for 

and remediation of a load in transport. Bodily Injury and Property Damage. 

* If applicable 

D) The City shall be entitled, upon request and without expense, to receive copies of the 

policies and all endorsements thereto as they ap~lv to the limits required by the City, 

and may make a reasonable request for deletion, revision, or modification of 

particular policy terms, conditions, limitations or exclusion (except where policy 

revisions are established by law or regulation binding upon either of the parties 

hereto or the underwriter of an such policies). Upon such request by the Citv, the 

Rights-of- Way User shall exercise reasonable effort to accomplish such changes in 

policy coverage, and shall pay the cost thereof: 

E) Right of Way Users shall ensure that all insurance contracts and Certificate(s) of 

Insurance contain the following required provisions. 

Name and City and its officers, employees, volunteers, agents, and elected 

representatives as additional insured's with respect to the operations and 

activities of: or on behalf of: the named insured performed in the Right of 

Way under provision of this Ordinance, with the exception of the professional 

liability, worker's compensation and liability policy; and 

Right of Wav User's insurance shall be deemedprimary with respect to any 

insurance or self-insurance carried by the Citv; and 

Provide for an endorsement that the "other insurance'' clause shall not apply 

to the City of Laredo where the City is an additional insured shown on the 

policy; and 

Worker's compensation and employer's liability will provide-for a waiver of 

subrogation in favor of the Citv. 

Right of Way User shall notifi the City in the event of any notice of 

cancellation, non-renewal or material change in coverage and shall give 

such notices not less than 30 days prior to the change, or ten (1 0) days notice 

for cancellation due to non-payment of premiums, which notice must be 

3 1

accompanied by a replacement Certificate o flnsurance. All notices shall be 

given to the Citv at the following address: 

City of Laredo 


Building Develoument 

City Secretaw 

Services Deut. 

1 I20 Sun Bernardo Ave 11 I0 Houston 

Laredo, TX 

Laredo, TX 

G) Nothing herein contained shall be construed as limiting in any way the 

extent to which the Right of Way User may be held responsible for payments of 

damages to persons or property resulting fiom the Right of Way User's or its 

subcontractors performance of the work performed in the Public Right of 

Way. Any subcontractor hired by the Right of Way user shall maintain 

insurance coverage equal to that of the Right of Way user. It is the 

responsibility of the Right of Way user to assure compliance with this 

provision. The Citv of Laredo accepts no responsibility arising -from the 

conduct, or lack of conduct of the Subcontractor. 

H) The City owned Utilities and Citv Public Works Departments 

shall not be required to provide the insurance specified herein. 

r) With respect to the Right of Way User's obligation to comply with the 

requirements for Commercial General (public) Liability Insurance coverage 

to include pollution coverage, the City may allow the Right of Way User to 

self-insure upon annual production of evidence that is satisfactory that is 

satisfactory to the City's Risk Manager. With respect to the Right of Way 

User's obligation to comply with the requirements-for automobile liability 

insurance and for worker's compensation insurance, a Right of Way User 

may self-insure, provided the Right of Way User tenders satis factow evidence 

of self insurance as contern-plated by the State motor vehicle -financial 

responsibilitv law, Tex. Transportation. Code .6601.124, and the Texas 

Worker's Compensation Act, Tex. Labor Code 6407.001 et. seq. 

SEC. 28-221 PERFORM NCE/ASSURANCE BOND 

Before a Permit shall be issued, the Applicant thereofshall execute and deliver to the City, to 

be kept on file in the City's Secretary 's office, a good and sufficient bond ofperformance or 

assurance, in the sum of ($1 0,000) ten thousand dollars to be approved by the Risk Manager 

and conditioned that the person making the application shall promptly adjust, pay and settle 

all legitimate claims for damages that may result by reason of carelessness or negligence in 

the manner ofperforminn such work or by reason of any defects therein caused or arising 

@om carelessness, negligent or imperfect construction thereof: and to hold the City-fiee and

harmless fiom liability on all such claims for damages - to the performance or assurance bond 

shall cover the cost ofrepairs in or upon the street, sidewalk, or otherpublic place where the 

work is to be done that may become necessary by reason ofsuch pavement cut or Excavation 

having - been made. The bond shall be maintained until the work is accepted by the City. 

SEC. 28-222 OPTIONAL CONTINUING BOND AND DEPOSIT 

In lieu of a bond performance or assurance required for each Permit issued, under the 

Performance/Assurance Bond Section of this Ordinance, the Applicant may maintain a onetime 

bond of performance or assurance with the Director for the sum of one hundred 

thousand dollars ($100,000) for the purposes specified in Section 28-221, and shall have on 

file, in the City Secretary's office, an approved bond ofperformance or assurance in the like 

amount, being then in full _force and effect, against which claims shall not have been 

presented ana7.eaating more than one hundred thousand dollars ($100,000); provided, 

further, that Section 28-223 shall apply to ap_tlications for Permits to make cuts, openings 

or Excavations in any street, laza or other public place paved under contract with the City, 

unless the contract of maintenance and the maintenance bond thereof shall have expired. 

The bond shall be maintained until the Applicant is no longer working in or on City Streets. 

SEC. 28-223 LUBILITY OF CONTRACTOR AND SURETIES FOR MAINTENANCE AND 

REPAIR WORK 

Any defects of workmanship or material relatina to work done by an excavator 

during the initial Project or becoming known or which should have been known 

during the guarantee period (the Life ofthe Street) shall be known as maintenance or 

repair work and both the excavator and the sureties andor the Contractor's bond 

shall be fully liable for any default of such Contractor under this section. In the 

event of a failure in the restoration of an Excavation, the ROW User shall have 

one opportunity to revair, in a timely manner, the section of the restoration that has 

failed at its expense, which repair shall be in accordance with the standards set forth 

in this chapter. In the vent of an-y subsequent failure of that section of the 

restoration, the City retains the right and option to terminate the ROW User's 

guaranty, uuon written notice to the ROW User. In such event, the ROW User shall 

reimburse the City for its direct costs associated with the repair of thefailure of the 

restoration work. 

SEC. 28-224 WHEN ADDITIONAL SECURITY REQUIRED 

In the event the Director reasonably believes the Contractor or ROW User's solvency 

is threatened, the Director may, at any time, make written demand on a Contractor 

or ROW User for bonds and the Contractor or ROW User shall immediately furnish 

such additional bond or bonds. 

SEC. 28-225 

DECISION OF DIRECTOR BINDING ON CONTRACTOR, ROW USER, AND 

SURETIES 

33

Any question about when any work was actually begun or any other specific date 

shall be determined by the director and shall be binding on the Contractor, ROW 

User, and the sureties on all such bonds. 

DIVISION 5 

SEC. 28-226 

VARlANCES AND EXEMPTIONS 

VA RL4 NCES/EXEMPTIONS 

A Permittee or ROW User may request a variance fiom any of the requirements of 

this Chapter by Filing a written request with the Director stating the requirement 

and the basis for requesting the variance. Incomplete variance requests may be 

rejected. The applicant shall bear its own expenses of the application process. 

A) Any reauest for a variance fiom any Right of Way restoration requirement shall be 

made in writing - in advance of any contemplated work and shall be accompanied by 

digitally formatted detailedplans of the substituted reconstruction andor repair of 

the excavated area, if up-plicable. 

B) Any request for an exemption fiom any penalty or fee other than as provided in this, 

Shall be made in writing, and shall be accompanied by a written detailed request 

stating the reason thereof 

C) Any request for an exemption fiom any Permit, or any other requirement of this 

Chapter shall be made in writing, by detailed written request therefore, stating all 

pertinent reasons. 

D) The Department shall grant - or deny an application for a variance within ten (10) 

days of receipt of the application for variance. 

E) Denial of the variance may be appealed in accordance with the Appeal Section of 

this Chapter. 

DNISION 6 SPRINKLER SYSTEM INSTALLATION 

SEC. 28-22 7 COMMERCLA L AND RESIDENTLA L IRRIGATION, SPRIhrKLER SYSTEMS 

INSTALLATION 

For sprinkler system installation please refer to chapter 25 Plumbing of The City ofLaredo Code of 

Ordinances. Other references is The City of Laredo Standard Technical Specification Manual. 

DNISION 7 CERTIFIED TELECOMMUNICATION PROVIDERS 

SEC. 28-228 CERTIFICATED TELECOMMUNICATION PROVIDERS AUTHORITY 

34

RE0 UIRED/NON-EXCL USIVE USE 

A CTP must provide evidence to the Director that the CTP has acquired authorization fiom the 

Texas Public Utility Commission of Texaspursuant to state law, prior to obtaining a permit to use 

the Public Rights of Way. The Director shall also confirm with the City Communication Oficer that 

the CTP is registered as a CTP authorize to provide service in Laredo. The CTP's right to use and 

occupy the Public Rights - of Way shall not be exclusive and CTP recognizes - that the City reserves the 

right to exercise the maximum amount ofauthority its retains following ado-ption of Chapter 283 of 

the Texas Local Government Code. 

SEC. 28-229 ADDITIONAL A UTHORITY REQUIRED 

Neither the CTP nor any of its Affiliates are authorized to provide cable television service as a cable 

operator or to operate an open video system in the City, unless they have first obtained a separate 

cable franchise agreement under such terms and conditions as may be required by law. This section 

does not preclude the CTP fiom providing its services to cable television companies. Unless a cable 

television operator shows proof of a-p-propriate authorization, nothing herein shall authorize the 

CTP to license, sublicense, lease, and sublease or by any instrument authorize any cable television 

operator the right to use or utilize the transmission media or Facilities of the CTP. 

SEC. 28-230 TRANSFER AND NOTICE 

A CTP shall notifi the Director and the City's Director of Information Services and 

Telecommunication of any sale, transfer, merger or assignment - of the ownership or control of a 

CTP 's business within at least thirty (30) days prior to such sale, transfer, merger or assignment. A 

CTP shall also maintain and provide current-point-of-contact information with the Director and the 

City's Director oflnformation Services and Telecommunication at all times during which the CTP 

uses the Right of Wav. 

SEC. 28-23 1 EXEMPTION FROM FEES 

In compliance with state law Certified Telecommunications Providers are exempted -from the 

following fees provided for in this Ordinance: 

Permit Application Fee, including - Expedited Application Fee, and Permit Expiration Fee,: 

Additional Excavation Permit Fee; 

Inspection Fee; 

Registration - Fee; 

Should state law be amended to make collection of any of these fees permissible, then the above 

granted exemption shall cease to existfor that-fee. 

SEC. 28-232 INDEMNIFICATION 

A CTP shall indemnifi, the City as specified by Section 283.057 of the Texas Local Government 

35

Code, as may be amended. A CTP shall be exempt- fiom all requirements of this Ordinance that are 

inconsistent with Section 283.057 of the Texas Local Government Code. 

DIVISION 8 MINOR ENCROACHMENT LICENSE 

SEC. 28-233 MINOR ENCROACHMENT LICENSE 

a) In addition to any Permit andAp-plication fees required by this Ordinance, a non CTP ROW 

user shall obtain a minor Encroachment License, including the payment ofan annual fee-for 

each wire telecommunications system installed by boring or open-cut trenching beneath 

Right of Way or deployed aerially above the Right of Way. The terms and fees ofthe license 

issued by the Director shall be consistent with the guidance below. 

b) Each license shall authorize the installation ofwiring or conduit that shall not exceed~four 

and one-half (4 1/21 inches in external diameter unless grantedpermission by the Director 

upon a showing of need. 

c) Each active or non-active fiber optic conduit license shall be for a term offive (5) years, with 

the option to renew for a five-year term. Each license shall not be transferable or assignable 

without first obtaining City Council a-p-proval. 

d) The annual-fee-fiom each minor encroachment license shall be the greater of two thousand 

Bve hundred dollars ($2500.00) or the number of linear feet of encroachment times two 

dollar and fifty cents ($2.50) for the first year following enactment of his Ordinance. The 

linear foot rate shall increase by CPI per year. 

e) The processing-fee -for each minor encroachment license shall be ($500.OO)five hundred 

dollars. 

SEC. 28-234 

ADMINISTRATION OF MINOR ENCROACHMENT LICENSES 

a) The position of City Communications Officer shall be maintained and the City 

Communications Officer shall be an employee of the City, who shall report to the City 

manager. - 

b) The duties of the City Communications Officer shall include: 

I) To receive complaints -from members of the public regarding Licensees uses and 

occupancy of the Right-of- Way, to advise Licenses concerning such complaints, to 

c o m m u n ~ other h municipal, state and federal regulators concerning 

complaints and related matters and to report to the Council and to the City Manager 

on all complaints received and the resolution of these complaints as appropriate. 

2) To prepare reports, recommendations, and other documents concerning Licensees 

3 6

uses and occupancy of the Right-of Way, and to submit the same to the City 

Manager. 

3) To advise the City Manager concerning any matters pertaining to the City's 

management of the use and occupancy of the Right-of-way by Licensees. 

4) Toprocure and review audits of the operational activities of CTPs and Licensees to 

ensure conformity of their use and occupancy of the Right-of- - Way to this Ordinance 

and the terms of their respective Licenses. 

5) The City Manager shall fiom time to time submit to the Council a proposed budget 

for the Ofice of the City Communications Officer showing the salaries to bepaid to 

the City Communications Officer and any other personnel to be assimed to the ofice 

and all other proiected expenses of the office. 

DIVISION 9 

WEIGHT-LIMITED BRIDGES 

SEC. 28-235 BRIDGE WEIGHT LIMIT VIOLATION 

It shall be unlawful-for the operator ofany vehicle to drive haul push or tow, wholly orpartially, any 

load upon a posted weight limited bridge, - which collectively exceeds the officiallv designated and 

posted maximum bridge weight, whether or not all load bearding wheels travels onto the bridge. 

SEC. 28-236 PENALTY UPON CONVICTION 

Any violation of the provisions of this division is hereby declared to be a health and safety related 

violation. A culpable mental state is not required to prove an offense under this article. A-person 

who violates a provision of this article is guilty of a separate offense for each day or portion of a 

day during - which the violation is committed, continued, authorized, directed or permitted. An 

offense under this Section is punishable by a-fine of not less than $500 or more than $2000. Any 

other offense under this article is punishable by a fine of $500. The article may be enforced by civil 

court action in accordance with State or Federal law, in addition to any other remedies, civil or 

criminal, the City has for a violation of this article. 

DIVISION 10 

SEC. 28 - 23 7 

AGUS (ABOVE GROUND UTILITY SYSTEM 

PERMIT AND OTHER REOUIREMENTS 

(I) A permit shall be required for all AGUS in the public right-of-way when; 

(A) 

(B) 

Placing new AGUS on or adjacent to residentially zoned property: or 

Replacing or upgrading AGUS in residentially zonedproperty in 

accordance with following; or

fi) The upgrade or replacement AGUS is larger than the existing 

Ci) The upgrade or replacement AGUS is taller than 39 inches 

(C) 

An AGUS replaces a utility structure that was previously below ground 

(2) An permit is not required for: 

(A) 

(B) 

(C) 

Placing AGUS on property not zoned residentially or adjacent to property 

zoned residentially. 

Replacements or upgrades to existing AGUS that are in compliance with 

the AGUS Guidelines in effect at the time of the replacement or upgrade. 

Replacements or upgrades that do not increase the size or change the 

location of an existing AGUS that is less than 39 inches tall 

(D) Maintenance or service to an existing AGUS 

(3) Permit up-plicants shall identifi, appropriate locations for the AGUS that comply 

with the placement criteria set forth in the AGUS Placement Guidelines 

(4) AGUS shall comply with all requirements of other City ordinances and other 

State and federal laws and regulations. The AGUS owner shall be responsible for 

obtaining other permits, as required. 

(5) The owner of an AGUS shall maintain the AGUS fiee of graflti and other 

defacements such as posters, stickers, decals, and signs, except those placed on 

the AGUS by the AGUS owner. The exterior-finish of a utility structure shall 

be maintained fiee of rust, peeling or faded paint, or other visible 

deterioration. An AGUS and its supporting foundation or pad shall be 

maintained in such a way as to prevent or eliminate leaning and soil erosion 

underneath. AGUS that lean beyond five degrees (5Wom the perpendicular 

shall be corrected to be as close as possible to perpendicular. Any open space 

between the bottom of a foundation or pad and the ground underneath shall be 

filled with either additional soil or concrete to maintain continuous contact with 

the ground. The permit application- for installation of an AGUS shall include the 

name, mailing address and telephone number of a single point of contact 

responsible for resolving araffiti and other up-pearance issues should they occur. 

(6) The AGUS shall be clearly marked with the owner's name and telephone 

number. 

38

SEC. 28-238 AGUS - REQUEST FOR WAIVER 

1 A request for a waiver fiom placing AGUS in accordance with one or more of the 

AGUS Placement Guidelines may be made to the Director with respect to a particular 

. site for a~proposed utilitv structz~re. The request fol: gy>crlver mzz include a detailed 

justification for the waiver, including alternative sites sought and reviewed; proof that 

compliance with the guideline is impracticable; and the necessity of the AGUS and its 

size at the proposed site to provide service. 

(2) Within 10 business days of receipt of a written request for a waiver,the Director 

may grant a waiver for good cause shown. Waiver requests not granted within that time 

period are deemed denied. 

(3) In making this decision, the Director shall consider: 

(A) 

(B) 

(C) 

(D) 

the feasibility of other sites not located in the public right-of-way and a 

AGUS Owner's efforts to secure those sites; 

the size, location and impact of the proposed AGUS at the proposed site 

and the on the surrounding properties; 

the AGUS owner's need to provide services to a property or area to be 

served bv the proposed site; 

the AGUS owner 's need for the pro~osed size of the AGUS to provide 

services to a-property or area to be served by the proposed site; 

(E) 

(F) 

the public health, safety, welfare and convenience; and 

the size and location of other nearby AGUS. 

(4) The Director shall indicate in written communication the basis for vantin2 or 

denying any waiver pursuant to this subsection. 

(5) If a waiver is deemed denied because of it was not granted within the allowed 

timefiame, the AGUS Owner may resubmit the request to the Director or appeal as set 

out below. 

(6) The Director's decision regarding the waiver may be appealed to the City 

Manager or his or her representative within 10 calendar days of the Director's decision. 

The City Manager decision shall be subject to the same time constraints and 

considerations as set out above for the Director.

SEC. 28 - 239 AGUS - PLACEMENT GUIDELINES 

A. Identification of a-ppropriate location so that: 

i. Pedestrian travel is not unreasonably impeded, pa~ingparticular attention to 

the needs of persons with disabilities. 

ii. access to city or other service-provider-facilities is not obstructed. 

iii. Travel on public streets is not impeded. 

iv. Property owners are not unreasonably inconvenienced. 

B. Locate AGUS as close as practical to the common lot line. 

C. Place AGUS on a common side of the building. 

D. The AGUS supporting pad should extend no more than 1 -foot fiom the structure 

unless required for structural stability or for safe access or to provide a stable 

surface for workers to stand on while servicing the AGUS. 

E. AGUS should not be larger than the necessary to contain andprotect the required 

equipment. 

F. AGUS should not obstruct the view of traffic and signals 

G. AGUS should not fiont the boundaries of a park 

H. AGUS should not fiont the boundaries of a park 

DNISION 11. REPEALING CLA USE 

All ordinances of the City of Laredo, Texas, in conflict with the provisions of this ordinance be, and 

the same are hereby, repealed; provided, however that all other provisions ofsaid ordinances not in 

conflict with the provisions of this ordinance shall remain in full force and effect. 

DIVISION 12. SE VERABILITY 

Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, as 

amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the 

validity of the remainingportions of said ordinance, or the Code of Ordinances, as amended hereby, 

which shall remain in full force and effect. 

DIVISION 13. SA VINGS CLA USE 

All rights or remedies of the City of Laredo, Texas, are expressly saved as to any and all violations 

that have accrued at the time of the effective date of this Ordinance, and, as to such accrued 

violations and all pending litigation, both civil or criminal, whether pending in court or not, same 

shall not be affected by this Ordinance but may be prosecuted untiljnal disposition by the courts. 

DNISION 14. PENALTY FOR VIOLATION 

Any person, firm, association of persons, company, corporation, or their agents, servants, or 

employees violating or failing to comply with any of the provisions of this Ordinance shall be 

deemed guilty of a Class C Misdemeanor and upon conviction in the Municipal Court, shall be

punished by a fine not to exceed two thousand dollars ($2,000) if the offense involvesfire safety, 

public health, sanitation, or zoning, and not to exceed $500 for other offenses. Each day a violation 

or noncompliance continues constitutes a separate offense. The penalty provided herein shall be 

cumulative of other remedies provided by State Law, and the power of injunction as provided in 

V. T. C.A. Local Government Code 54.012 and as may be amended, may be exercised in enforcing 

this article whether or not there has been a complaintfiled 

DIVISION 15. EFFECTIVE DATE 

This ordinance shall take effect immediately fiom and after its passage, and publication of the 

caption, as the law and charter in such cases provide. 

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE 

ATTEST: 

DAY OF ,2009. 

GUSTAVO GUEVARA, JR 

CITY SECRETARY 

RAUL G. SALINAS 

MAYOR 

APPROVED AS TO FORM: 

RAUL CASSO 

CITY ATTORNEY 

BY: 

KRISTINA HALE 

ASSISTANT CITY ATTORNEY


DATE: 

0311 6/09 

SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE 

Consideration to renew the lease agreement with Laredo Equities, LLC for the 

use of Veteran's Field and amend the FY 08-09 Veteran's Field Fund budget to 

reflect the new lease agreement. The lease term is for one season beginning 

on May 1, 2009 and ending September 1, 2009 at a lease rate of $30,000.00 

per season, ($1,000 per game) plus $1,000 per playoff game. Laredo Equities 

will also be responsible for 50% of utility costs for Veterans Field during the 

term of the lease as outlined in the lease agreement terms. 

INITIATED BY: 

Jesus Olivares 

Assistant City Manager 


STAFF SOURCE: 

Miguel A. Pescador 

Parks and Leisure Services Director 

On February 4, 2008 City Council approved a lease agreement with Laredo Equities, LLC for the 

use of the Veteran's Field for one season. 

BACKGROUND: 

City staff and Laredo Equities have negotiated the lease terms for a one season lease of 

Veteran's Field with the purpose of offering semi-professional baseball to Laredo. This will be the 

Laredo Broncos 4th Season in Laredo and at Veteran's Field. 

Additionally, the agreement provides terms that will make Laredo Equities, LLC responsible for 

50% of utility costs. Maintenance shall be provided by Laredo Equities, this agreement also 

honors all existing agreements for the use of Veteran's Field by other local entities. 


The Veteran's Field Fund Fiscal Year 2008-2009 will be amended as follows: 

Annual Budget Proposed Amended Budget 

FY 08-09 Amendment FY 08-09 

Veteran's Field Fund: 

Revenues: 

245-0000-361 -1007 $50,000 ($20,000) $30,000 

Expenditures: 

Operations Expense Division (3150) $50,000 ($20,000) $30,000 

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: 

N/A 

Staff recommends approval.

INTRODUCTORY ORDINANCE 

CONSIDERATION TO RENEW THE LEASE AGREEMENT WITH LAREDO EQUITIES, 

LLC FOR THE USE OF VETERAN'S FIELD AND AMEND THE FY 08-09 VETERAN'S 

FIELD FUND BY REDUCING $20,000 TO REFLECT THE NEW LEASE. THE LEASE 

TERM IS FOR ONE SEASON BEGINNING ON MAY 1,2009 AND ENDING SEPTEMBER 

1, 2009 AT A LEASE RATE OF $30,000.00 PER SEASON, ($1,000 PER GAME) PLUS 

$1,000 PER PLAYOFF GAME. LAREDO EQUITIES WILL ALSO BE RESPONSIBLE FOR 

50% OF UTILITY COSTS FOR VETERANS FIELD DURING THE TERM OF THE LEASE 

AS OUTLINED IN THE LEASE AGREEMENT TERMS. 

WHEREAS the City of Laredo is the owner of Veteran's Field; and 

WHEREAS the Laredo Equities has a lease agreement with the City for the use of Veteran's 

Field in order to conduct the operations of the Broncos Professional Baseball team; and 

WHEREAS the City deems it necessary to amend the 2008-2009 Fiscal Year Veteran's Field 

Fund in order to properly appropriate revenues and expenditures under such lease terms. 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 

LAREDO THAT: 

Section 1. 

Amending the Veteran's Field Fund Fiscal Year 2008-2009 as follows: 

Budget Annual Budget Proposed Amended 

FY 08-09 Amendment FY 08-09 

Veteran' Field Fund: 

Revenues: 

245-0000361- 1007: $50,000.00 ($20,000.00) $30,000.00 

Expenditures: 

Operations Expense (3150) $50,000.00 ($20,000.00) $30,000.00 



RAUL SALINAS, MAYOR 


RAUL CASSO 

CITY ATTORNEY 

ATTEST: 

GUSTAVO GUEVARA, JR. 

CITY SECRETARY ASSISTANT C I ATTORNEY ~

OPEN TO RENEW AND AMENDMENT TO LEASE AGREEMENT 

THIS LEASE AGREEMENT (Veterans Field Lease) is made and entered into 

this day of February, 2009 (the effective date) by and between The City of Laredo, 

Texas (hereinafter called "City") and Laredo Equities, LLC a Texas Limited Liability 

Company (hereinafter called "Laredo Equities"), upon and subject to the following terms 

and conditions, to wit: 

Recitals: 

WHEREAS, City is the owner of Veteran's Field located at 2200 Santa Maria St. 

in the City of Laredo, Texas and more fully described in Exhibit A hereto; and 

WHEREAS, City has determined a minor league baseball team playing in Laredo 

is in the City's interest and has directed staff to negotiate a lease with Laredo Equities for 

Veteran's Field; and 

WHEREAS, Laredo Equities seeks to renew its lease of Veteran's Field to 

operate a professional baseball team and baseball organization in the City of Laredo and 

to occupy Veteran's Field, in accordance with the terms hereof; 

NOW THEREFORE, for and in consideration of the mutual covenants and 

benefits to the parties herein contained, the parties mutually agree that City will lease 

Veteran's Field to Laredo Equities for the purpose of operating a professional baseball 

team and for operation of non-baseball activities, upon and subject to the terms and 

provisions hereof. 

1. Definitions: 

a. "Equipment" means concession appliances, ticket booths, audio equipment, 

machinery, furniture and fixtures, furnishings, and similar 

items. This category contains property that does not lose 

its identity when removed from its location. 

b. "Maintenance" shall include mowing, trimming, landscaping, and irrigation 

such as to maintain leased premises in condition it was in at 

time of lease execution and janitorial services and materials 

necessary thereof, 

c. Non-baseball activities shall include 

d. "Parties" means City of Laredo and Laredo Equities, LLC 

e. "Political signage" means political message as defined by the City of Laredo 

Code of Ordinance, Local Government Code, and Texas 

Election's Code and includes political signage. 

f. "Term" means duration of Veteran's Field Lease Agreement from May and 

October. 

g. "Utilities" means water, sewer, trash, gas, and electricity. 

h. "Veterans Field" means the City owned 5,000 seat capacity baseball stadium 

located at 2200 Santa Maria St. Laredo Texas 78040.

2. Terms: 

City hereby leases Veteran's Field to Laredo Equities in accordance with the 

terms and conditions set forth in this Agreement for a term of four (4) months 

commencing on May 1, 2009 and terminating September 1, 2009 (the "Veteran's Field 

Lease"). Any renewal of the Veteran's Field Lease shall be made on the same terms and 

conditions as are herein set. Should City decide not to grant option to the Veteran's Field 

Lease, City shall notify Laredo Equities in writing prior to termination date of this lease. 

Laredo Equities agrees that City shall have the right not to grant option to the Veteran's 

Field Lease for whatever reason, even if Laredo Equities is not in default under Veteran's 

Field Lease. 

3. Stadium name and renaming: Laredo Equities shall have the right to add a 

sponsor's name to Veteran's Field, on the condition that the name "Veteran's Field" is 

not removed. The City reserves the right to disapprove and thus prohibit any name for 

Veteran's Field (including any name for the concourses or other part of Veteran's Field) 

that the City Council reasonably deems in bad taste or offensive to the City's image, or in 

the reasonable opinion of the City Council is a source of embarrassment to the City. 

Notwithstanding the foregoing, the name of any Fortune 1000 company (with exception 

of any tobacco or alcoholic beverage company or company which promotes 

entertainment that in the reasonable opinion of the City Council could be a source of 

embarrassment to the Laredo community) shall be deemed a City approved name for 

purposes of this section and, in addition, any bank, airline, sporting goods or apparel or 

soft drink company, shall be deemed a City approved name. If Laredo Equities wishes to 

sell or license the naming rights to a tobacco or alcoholic beverage company, then Laredo 

Equities may propose such company to the City for its approval. Consent of sponsor's 

name shall not be unreasonably withheld. This right terminates upon the termination of 

this contract, notwithstanding anything to the contrary that may be found in the Veteran's 

Field Lease. 

4. Holding Over: 

Any holding over after the expiration of the term, with the consent of the City, 

shall be construed to be a tenancy fiom month to month at the rents specified (at a rate of 

ten thousand dollars $10,000.00 on a monthly basis) subject to all covenants, conditions 

and agreements of this lease. 

5. Consideration For The Veteran's Field Lease: 

Laredo Equities shall pay to City during the term of the Veteran's Field Lease, or 

any extension, lease payments consisting of the following: 

A sum equal to the greater of either 

(a) Thirty Thousand Dollars ($ 30,000.00) per term as described in 

section 2; and 

(b) 

A sum per term equal to One Dollar ($1.00) for every ticket sold

for professional baseball games played by the professional baseball 

team in Veteran's Field beyond $30,000 of ticket sales. 

Lease payments of Thirty Thousand Dollars ($30,000.00) shall be payable prior to the 

first game of the season, and, if any additional sum is due under the terms of Section 4 

Jb). above, said additional sum shall be payable on the 15th day of September. 

Laredo Equities shall pay City 18% annual interest on any amounts overdue as 

required by this agreement. 

6. Accounting and Reporting 

Laredo Equities shall establish and maintain during the term of this lease separate 

records and accounts relating to the operation of the baseball organization 

(including maintenance and repair costs, ticket revenues) all of such records and 

accounts relating to gross receipts, shall be subject to examination and audit by 

the City of Laredo at any time. Laredo Equities shall provide a statement every 

month of gross receipts from the operations (including maintenance and repair 

costs, ticket revenues) under this contract. Reports shall be provided to the City 

within (10) days following the end of each calendar month. The City shall have 

the right to alter or establish new requirements in the above mentioned reports or 

add any additional reports that are considered necessary to adequately reflect the 

concession operations covered in this contract. 

Laredo Equities shall follow the City of Laredo's fixed asset policy for 

additions/disposition of assets. 

7. Maintenance: 

The City shall provide 100% maintenance and maintenance crews for leased premises. 

The City is solely responsible for providing for all of costs and expenses for maintenance, 

for all field maintenance crews, who will work in coordination with each other for 

maintenance and care of the playing field in a condition comparable to the condition 

Veteran's Field is in at the time of Veteran's Field Lease execution, including field and 

chalk-line preparation, necessary supplies for games and events sponsored or permitted 

by Laredo Equities, and post-event cleanup of stadium and stadium grounds. The City 

shall pay 50% of costs on outside repairs. In the event, after 5 business days written 

notice from City, Laredo Equities fails to maintain Veteran's Field in a condition 

comparable to the condition Veteran's Field was in at time of Veteran's Field Lease 

commencement, City may, at its option, perform or cause to be performed such 

maintenance to Veteran's Field. Moreover, the City shall not be responsible for 

providing any maintenance for any amenities or equipment not owned by City during the 

term of this lease and shall be entitled to 100% of all sums reasonably expended for such 

maintenance from Laredo Equities. 

Clean up of the stadium and grounds shall be performed by Laredo Equities immediately 

after any and all events so that stadium and grounds are clean and prepared for the next

game or event. Laredo Equities shall be responsible for proper trash 

receptacles/dumpster including pickup and disposal. 

Neither this section, nor any other section of Veteran's Field Lease, shall be interpreted 

as a requirement for the City to improve or add to Veteran's Field or to contribute to the 

improvement or addition to Veteran's Field since Laredo Equities understands that 

Veteran's Field is being leased to them AS IS, as approved by Laredo Equities during 

initial walk through. Parties agree to bi-weekly meetings to discuss and address the 

maintenance issues or concerns that may develop provided that upon execution of this 

lease all items within the leased premises shall be in good working order. 

8. Repairs: 

After renewal of agreement, Laredo -Equities shall be responsible for providing all 

repairs of Veteran's Field, including but not limited to, electrical, plumbing, roofing, 

foundation and all structural areas w ith Veteran's Field. 

9. Utilities: 

Laredo Equities shall pay for 50% of costs and expenses relating to utilities 

commencing May lSt on a reimbursement within (10) days of invoice receipt. Laredo 

Equities shall pay the months of May and June and the City of Laredo will pay for the 

month of July and August. Utilities shall only include water, sewer, trash, gas, and 

electricity, defined in Section 1. Laredo Equities shall provide an additional dumpster. 

Laredo Equities is responsible for telecommunication services expenses which will be 

invoiced similarly. Laredo Equities shall be responsible for paying for all telephone, 

internet, cable, and other related expenses of Laredo Equities or its invitees. 

10. Times of Occupancy: 

Except as otherwise stated herein, it is agreed that Laredo Equities shall be the 

exclusive occupants of Veteran's Field during the term of this lease. 

As used herein, the term "Veteran's Field" shall include Veteran's Field in the 

City of Laredo, Texas located on a tract of land more fully described in Exhibit A hereto, 

the entire premises, including, but not limited to, the playing field and dugouts, all 

stadium seating, press box, concession areas, scoreboard, rest rooms, player and umpire 

dressing rooms, locker rooms, storage facilities, ticket selling and ticket taking facilities, 

souvenir stands, offices, and the identified parking areas designated by City for use by 

Laredo Equities during its term of occupancy. Laredo Equities understands that the 

property is being leased to them AS IS, provided that all equipment and facilities shall be 

in good working order upon the execution of this lease. Accordingly, City will not 

improve, add, nor provide any additional seating, press box, concession areas, 

scoreboard, rest rooms, player and umpire dressing rooms, locker rooms, storage 

facilities, ticket selling and ticket taking facilities, souvenir stands, offices, parking areas 

or anything else.

Laredo Equities agrees that Laredo Independent School District (hereinafter 

called "LISD") will be granted access to and scheduled use of Veteran's Field, at no 

expense to LISD, in accordance with "Joint-Use Agreement For Outdoor Recreational 

Facilities" and their schools' baseball schedule, as more fully described in Exhibit D, 

but shall not conflict with Laredo Equities' baseball schedule. Laredo Equities agrees 

that a fee for use of Veteran's Field shall not be required from City of Laredo or LISD. 

Laredo Equities agrees that all revenues from LISD events (ticket revenues, parking 

revenues, concession revenues) shall be revenue for LISD and not revenue to be shared 

with Laredo Equities. Laredo Equities and City of Laredo shall follow Section 7, Section 

8, and Section 9 of this lease to address and pay for the costs of field maintenance, 

maintenance of stadium and grounds, and utilities incurred as a result of LISD's use 

thereof. 

Laredo Equities agrees that Texas A&M International University (hereinafter 

called "TAMIU") will be granted access to and scheduled use of Veteran's Field for 

playing intercollegiate baseball, in the event that TAMIU and the City of Laredo have a 

joint use agreement in effect, at no expense to City or Laredo Equities, so long as it does 

not conflict with Laredo Equities scheduled use of Veteran's Field. In the event TAMIU 

seeks to use Veteran's Field, Laredo Equities may require of TAMIU to, by written 

agreement, pay the entire cost of field maintenance, maintenance of stadium and grounds, 

and utilities incurred as a result of TAMIU7s use thereof. This amount shall be assessed 

after use of Veteran's Field by TAMIU. There shall be no other expense incurred by 

TAMIU. Laredo Equities agrees that a fee for use of Veteran's Field shall not be 

required from City of Laredo or TAMIU. Laredo Equities agrees that all revenues from 

tickets sold for TAMIU events and all parking revenues from TAMIU events shall be 

revenue for TAMIU and not revenue shared with Laredo Equities. Laredo Equities and 

City shall share, in accordance with Veteran's Field Lease, concession revenues from 

TAMIU events. 

Laredo Equities agrees that the City, non-profit organizations or governmental 

entities, will be granted access to and scheduled use of Veteran's Field, at no expense to 

the entities involved in a City sponsored event(s), for the term on of the Veteran's Lease. 

5 days will be set aside in the agreement for City, non-profit, or governmental sponsored 

events, as more fully described in Exhibit E, which shall not conflict with Laredo 

Equities' baseball schedule. Laredo Equities agrees that all ticket revenues and parking 

revenues from City sponsored events shall be revenue for entities involved in City 

sponsored events and not revenue to be shared with Laredo Equities. Laredo Equities 

and City of Laredo shall follow Section 7, Section 8, and Section 9 of this lease to 

address and pay for the cost of field maintenance, maintenance of stadium and grounds, 

and utilities incurred as a result of City sponsored events use thereof. 

City may continue throughout the term of this lease to have complete access to all 

leased property for the purpose of inspection at any time deemed necessary by City, 

insofar as such access does not conflict with Laredo Equities7 use thereof. 

11. Exclusive Rights of Laredo Equities:

During the term of the Veteran's Field Lease, or any extension, or renewal 

thereof, Laredo Equities shall have, subject to other provisions herein contained and 

subject to Section 10, the exclusive right to: 

a. Sell, dispense, vend, market or otherwise distribute to the public all food, 

drink, alcohol, and beer concession items (hereinafter called 

"Concessions") for all events at Veteran's Field. Laredo Equities shall 

have the right to prohibit the bringing of any food or beverages into 

Veteran's Field or onto the leased premises by any person during Laredo 

Equities' events. However, LISD shall be permitted to sell, dispense, 

vend, market or otherwise distribute to the public all food, drink, alcohol 

(subject to Joint Use Agreement between City and LISD), and beer 

concession items (hereinafter called "Concessions") for all LISD events at 

Veteran's Field. 

b. Sell, dispense, vend, market or otherwise distribute souvenirs, programs, 

clothing, printed matter, photographs and other items during the term of 

the Veteran's Field Lease. It is agreed that Laredo Equities will not sell or 

market or distribute any item which infringes on any intellectual property 

owned or held by City or its affiliated organizations. However, LISD, 

TAMIU and entities involved in City sponsored events shall be permitted 

to sell, dispense, vend, market or otherwise distribute LISDYs, TAMIU's, 

and entities' (involved in City sponsored events) souvenirs, programs, 

clothing, printed matter, photographs and other items during all LISD, 

TAMIU, and City sponsored events at Veteran's Field and all revenues 

shall remain the property of said entities. 

c. Sell advertising signage to be affixed to Veteran's Field premises outfield 

fences, tops of dugouts, on-deck circles, stadium concourse and other 

infrastructure areas, press box, light poles, foul poles, seat backs and other 

surfaces and areas commonly used for signage in baseball facilities, 

Stadium naming rights (in accordance with Section 2 of Veteran's Field 

Lease), and all print advertising in its programs, game-day scorecards 

(hereinafter called "Advertising"). Laredo Equities shall not allow any 

political signage to be affixed to or distributed in Veteran's Field 

premises, or on any print advertising in its programs, or game-day 

scorecards, or any other type of medium or anywhere on leased premises. 

d. Sell all radio, television, and broadcast advertising of any kind whether 

transmitted by media using radio frequency, hardwire (including data 

transmission) or any other medium of broadcast or transmission of any 

kind or character, and advertising incident to promotional events 

sponsored by Laredo Equities at Veteran's Field under the terms of the 

Veteran's Field Lease. 

e. Laredo Equities shall be permitted use of the identified parking areas 

adjacent to Veteran's Field as more fully described in the diagram

attached hereto as Exhibit B, and has the exclusive right to charge for such 

parking during all such Laredo Equities' scheduled events during the term 

of this Lease Agreement (hereinafter called "Parking"). However, LISD, 

TAMIU, and entities involved in City sponsored events shall be permitted 

use of the identified parking areas adjacent to Veteran's Field as more 

fully described in the diagram attached hereto as Exhibit By and have the 

exclusive right to charge for such parking during all such LISD, TAMIU, 

and City sponsored events during the term of this Lease Agreement 

(hereinafter called "Parking") during LISD, TAMIU or City sponsored 

events at Veteran's Field and all revenues shall remain the property of said 

entities. 

f. Laredo Equities shall have the right to the use of all concession equipment 

at Veteran's Field that belongs to, or regarding which City has the right of 

use, including, but not limited to, refrigeration equipment, walk-in coolers, 

drink machines, cooking equipment, stoves, cooking utensils, roller grills, 

and menu boards. 

g. Laredo Equities shall have the right to the use of all other electronic, 

telecommunications, or public address equipment at Veteran's Field that 

belongs to, or regarding which City has the right of use, including, but not 

limited to, the telephone system, sound system, press box equipment, 

computers, and control panels. However, LISD, TAMIU and entities 

involved in City sponsored events at Veterans Field shall have the right to 

the use of all other electronic, telecommunications, or public address 

equipment at Veteran's Field that belongs to, or regarding which City has 

the right of use, including, but not limited to, the telephone system, sound 

system, press box equipment, computers, and control panels during LISD, 

TAMIU, and entities involved in City sponsored events. 

Subject to the exceptions mentioned above, Laredo Equities shall be entitled 

during the entire term of Veteran's Field Lease or any extension, or renewal thereof to all 

revenue fiom any source except all revenue from LISD events, TAMIU event parking 

revenues and ticket revenues, and City sponsored event parking revenues and ticket 

revenues derived from the sale of tickets, food, drink, alcohol and beer concession items, 

as well as sale of Laredo Equities souvenirs, programs, clothing, printed material, 

photographs and other items, advertising signage, naming rights (in accordance with 

Section 2), parking and sky box lease rentals. 

12. Responsibilities of Laredo Equities to City: 

Except for normal wear and tear, Laredo Equities is solely responsible for any 

loss or damage to equipment that is present at time of contract execution at leased 

premises and for any other equipment or facilities City or Laredo Equities may choose to 

supply in the future. Laredo Equities' responsibility for loss or damage will begin once 

lease agreement becomes effective.

Laredo Equities shall provide, at its sole cost, adequate qualified personnel for 

event-day traffic control within the parking lots, and stadium operations, including but 

not limited to concessions, souvenir sales, press box, scoreboard and public address 

systems. 

Laredo Equities shall be responsible for complying with all ordinances of the City 

of Laredo, State and Federal Laws, and shall be responsible for obtaining, maintaining, 

and paying for all necessary permits, licenses, and any copyright fees. 

Laredo Equities shall donate for permanent use by the City of Laredo one (1) 

baseball scoreboard meeting High School Standards (the Scoreboard"). The Scoreboard 

shall be (i) new or used, (ii) installed at the sole expense of Laredo Equities, (iii) installed 

prior to the first game of the season, and (iv) fully functional at the time of installation 

with prior approval from the Parks and Recreation Director. 

Laredo Equities shall make good faith efforts to advertise Laredo Equities 

sponsored events and shall make good faith efforts to obtain advertising from others to be 

affixed in leased premises, as per Section 11 (c.) of this contract. Laredo Equities shall 

not allow any political signage, as defined in Section 1 of Veteran's Field Lease, on 

leased premises, printed media, or other any other medium. 

For the duration of Veteran's Field Lease, and for period of (3) years after the end 

of the Fiscal Year to which they pertain, Laredo Equities shall keep and maintain 

complete and accurate financial and accounting records regarding Veteran's Field 

premises and operations. The City (including accountants and attorneys designated by 

the City) shall be entitled to inspect the records during the term of Veteran's Field Lease 

and five (5) years thereafter at the Laredo Equities' (or parent company's) office, upon 

not less than twenty-four (24) hours' notice, and at all reasonable times. 

13. Indemnification: 

Laredo Equities shall protect, defend, indemnify and hold harmless City, its 

officers, directors and employees, from and against any and all claims, demands, losses, 

suits, liabilities, or expenses, including court costs and reasonable attorneys' fees, if any, 

or property damage, or for injury to or death of persons, occumng on the premises 

described herein in connection with the use or occupancy of the premises by Laredo 

Equities, or occasioned by any activities engaged in by Laredo Equities on these premises 

or activity conducted andlor sponsored by Laredo Equities in connection with these 

premises, however caused, whether by the negligence of Laredo Equities or its 

subcontractors, their agents or employees, or their invitees, licensees or trespassers, or 

whether the defects or unfitness of the premises or any equipment, building or structure 

thereon, wheresoever occurring, even though the said negligence, defects or unfitness 

may have been caused, occasioned or contributed to, actually or allegedly, by the sole, 

concurrent, or comparative negligence of City or its officers, directors, or employees. 

Laredo Equities agrees that such indemnity will be supported by, but not limited to, 

available liability insurance, under which the insurer has no right of subrogation against 

the indemnitee-City.

Laredo Equities shall, at its sole cost and expense, procure and continue in force 

during the term of this Lease Agreement, including any renewal term: 

1. Commercial General Liability insurance at minimum combined single limits of 

$1,000,000 per-occurrence and $2,000,000 general aggregate for bodily injury and 

property damage. 

2. Workers Compensation insurance at statutory limits, including Employers Liability 

coverage a minimum limits of $1,000,000 each-occurrence each accident/$1,000,000 by 

disease each-occurrenc/$l,000,000 by disease aggregate. 

3. Commercial Automobile Liability insurance at minimum combined single limits of 

$1,000,000 per-occurrence for bodily injury and property damage, including owned, nonowned, 

and hired car coverage. 

With reference to the foregoing insurance requirement, Laredo Equities shall 

specifically endorse applicable insurance policies as follows: 

1. The City of Laredo shall be named as additional insured with respect to General 

Liability, Automobile Liability. 

2. All liability policies shall contain cross liability exclusions or insured versus insured 

restrictions. 

3. A waiver of subrogation in favor of the City of Laredo shall be contained in the 

Workers Compensation, and all liability policies. 

4. All insurance policies shall be endorsed to require the insurer to immediately notify 

the City of Laredo of any material change in the insurance coverage. 

5. All insurance policies shall be endorsed to the effect that the City of Laredo will 

receive at least sixty- (60) days' notice prior to cancellation or non-renewal of the 

insurance. 

6. All insurance policies, which name the City of Laredo as an additional insured, must 

be endorsed to read as primary coverage regardless of the application of other insurance. 

7. Required limits may be satisfied by any combination of primary and umbrella liability 

insurances. 

8. Insurance must be purchased from insurers that are financially acceptable to the City 

of Laredo. 

Before execution of the Veteran's Field Lease, Laredo Equities shall furnish the 

City with certified copies of all insurance policies mentioned above.

14. Damage to Stadium: 

If Veteran's Field or any portion thereof is destroyed or damaged so as to 

materially hinder effective use of leased premises, through no fault or negligence of 

Laredo Equities or the City, either party may elect to terminate the Veteran's Field Lease 

upon thirty (30) days' written notice to other party. Should City terminate this lease in 

accordance with this Section of the Veteran's Field Lease, Laredo Equities shall be 

entitled to the reimbursement of any amount prepaid by Laredo Equities; however, 

Laredo Equities shall remain liable for any amounts or responsibilities owed to City up to 

the date of damage. In the event that damage to Veteran's Field occurs during a time that 

interrupts the baseball schedule, a prorated amount of the prepaid amount will be returned 

to Laredo Equities by the City. 

15. Obligation of City for Team Sponsorship: 

It is expressly agreed and understood that for so long as Laredo Equities is in 

compliance under the terms of Veteran's Field Lease or any extension, or renewal 

thereof, as the same may be amended from time to time, whether during the primary term 

hereof or during any term of extension hereof, City shall be prohibited from sponsoring 

or assisting in any way, any other professional baseball team or professional baseball 

organization including but not limited to financial assistance, loans, property sales or 

leases, implicit or explicit sponsorship and promotions for the duration of Veteran's Field 

Lease; however, should City decide to pursue the construction of a stadium in the future 

and negotiations with or assistance in any way from the City to another professional 

baseball team or professional baseball organization is required, then the City may take 

such action and will not be considered to have breached the prohibition in this Section 15. 

16. Default, Termination and Remedies: 

The following will be deemed events of default: 

b. Either party defaults in the performance of any other covenant or 

condition of the Veteran's Field Lease and does not cure such default 

within thirty (30) days after written notice from the non-defaulting party 

specifying the default complained of; provided, however, that if it is not 

reasonably possible to cure within such thirty-day period, such cure period 

shall be for an additional limited period of time not to exceed thirty (30) 

days if within thirty (30) days after such written notice the curing party 

commences diligently and thereafter continues to cause such cure; or 

c. Laredo Equities abandons or vacates the Premises; or 

d. Laredo Equities files for bankruptcy; or 

e. Laredo Equities assigns this lease or subleases all or any portion of the 

leased premises.

Laredo Equities fails to obtain all government certificates, permits, 

licenses or other approvals (collectively "Approval") required and/or 

easement required from any third party or any such "Approvals" are 

canceled, terminated, expired or lapsed and does not cure such failure 

within thirty (30) days after written notice from the non-defaulting party 

specifying the default complained of; provided, however, that if it is not 

reasonably possible to cure within such thirty-day period, such cure period 

shall be for an additional limited period of time not to exceed thirty (30) 

days if within thirty (30) days after such written notice the curing party 

commences diligently and thereafter continues to cause such cure. 

lease. 

In the event of default, non-defaulting Party shall have the right to terminate the 

17. Force Majeure: 

This Agreement is subject to force majeure. Force majeure includes, but is not 

limited to, acts of God, landslides, lightning, earthquakes, fires (unless fire is a result of 

Laredo Equities' or City of Laredo's negligence or willful act), storms, hurricanes, floods 

and washouts. If either party is prohibited from performing its obligations hereunder due 

to force majeure, it shall be relieved of its obligations hereunder to the extent prohibited. 

18. Non-Discrimination: 

Laredo Equities, as part of the consideration hereof, does hereby covenant and 

agree as follows: 

That no person on the grounds of race, creed, color, sex, national origin or 

disability shall be excluded from participation in, denied the benefits of, or be otherwise 

subjected to discrimination in the use of Veteran's Field Lease; 

That in the construction of any improvements on, over or under Veteran's Field, 

in the furnishing of services therein and in employment practices conducted thereon, no 

person on the grounds of race, creed, color, sex, national origin or disability shall be 

excluded from participation in, denied the benefits of or otherwise subjected to 

discrimination; and 

That Laredo Equities shall use Veteran's Field in compliance with all applicable 

requirements of City's policies and procedures, and Federal, State and local law related to 

non-discrimination on the basis of race, creed, color, sex, national origin or disability. 

19. Assignment of Lease Agreement: 

This Agreement or any interest therein is not assignable.

20. Venue: 

This Agreement shall be governed by the laws of the State of Texas, and venue 

for any litigation related to this Agreement shall be in Webb County, Texas. 

21. Entireties Clause: 

This Agreement contains and incorporates the entire agreement of the parties 

respecting the matters set forth herein. No amendment or modification is permitted unless 

the same be in writing, dated and signed by all parties. 

22. Notice: 

Any notice required herein or otherwise required by law shall be effective upon 

delivery to the following addressee, at the last address provided in writing to the party 

giving notice: 

As to City: 

Laredo City Manager 

City Hall 

1 1 10 Houston St. 

Laredo, Texas 

As to Laredo Equities: 

24. Severability Clause: 

Bradley W. Wendt 

Chief Executive Officer 

United Sports Equities 

1825 Main Street 

Ft. Lauderdale, FL 33326 

(214) 256-3456 

bwendt@unitedleague.org 

If and to the extent that a court of competent jurisdiction determines that any 

provision of the Veteran's Field Lease or part thereof is unenforceable, whether by virtue 

of excessive scope, term or otherwise, such provision or part thereof shall be interpreted 

so as to delete that portion of the provision which exceeds the maximum legal prohibition 

or otherwise to modify such provision in such a manner so as to make the Veteran's Field 

Lease, as so modified, enforceable.

IN WITNESS WHEREOF, this Agreement is executed this the day and date first 

above written, to be effective as herein stated. 

THE CITY OF LAREDO, TEXAS 

Carlos Villarreal 

City Manager 


Raul Casso 

City Attorney 

Kristina L. Hale 

Assistant City Attorney 

LAREDO EQUITIES, LLC. 

Bradley W. Wendt 

Chief Executive Officer 

ATTEST 

Gustavo Guevara, Jr 

City Secretary

EXHIBIT A 

Description of Veteranls Field 

EXHIBIT B 

Description of Reserve Parking 

Description of General Admission Parking

EXHIBIT A 

Description of Veterans Field 

Physical address: 

Baseball Stadium: 

2200 Santa Maria 

(5,000 Capacity) 

2 Concession Buildings 

3 Restroom Facilities 

2 Players Dressing Rooms 

2 Storage Areas 

2 Ticket Booths 

2 Turnstiles

EXHIBIT B 

Description of Reserve Parking 

Description of General Admission Parking 

Paved parking area along Santa Maria and Garden 

242 - Parking Spaces

DATE: 



SUBJECT: PUBLIC HEARING AND INTRODUCTORY ORDINANCE 

AMENDING CHAPTER 13, (FOOD AND FOOD PRODUCTS) OF THE 

CODE OF ORDINANCES, BY AMENDING ARTICLE 11, (FOOD 

PRODUCTS ESTABLISHMENTS) DIVISION 3, (EMPLOYEES), AS 

FOLLOWS: SECTION 13-58 TO ALLOW FOR AN APPROVED HEALTH 

DEPARTMENT FOOD SERVICE PUBLIC HEALTH SANITATION 

TRAINING COURSE; AND PROVIDING FOR PUBLICATION. 

INITIATED BY: 

Cynthia Collazo 

Deputy City Manager 

PREVIOUS COUNCIL ACTION: None. 

BACKGROUND: 

STAFF SOURCE: 

Hector F. Gonzalez, M.D., M.P.H. 

Health Director 

The City of Laredo has rules and regulations for food handler training activities in the City 

of Laredo to update our training and to align with new state regulations we are amending 

the present rule for food handler training to allow for this change which includes approval 

of certified andlor approved by state or local public health authority alternative food 

handler sanitation training either classroom or online. 

FINANCIAL: 

None. 

RECONIMENDATION: 

STAFF: 

Recommends that Council introduce the 

ordinance.

ORDINANCE NO. 2009-0- 

AMENDING CHAPTER 13, (FOOD AND FOOD 

PRODUCTS) OF THE CODE OF ORDINANCES, BY 

AMENDING ARTICLE 11, (FOOD PRODUCTS 

ESTABLISHMENTS) DIVISION 3, (EMPLOYEES), 

AS FOLLOWS: SECTION 13-58 TO ALLOW FOR 

AN APPROVED HEALTH DEPARTMENT FOOD 

SERVICE PUBLIC HEALTH SANITATION 

TRAINING COURSE; AND PROVIDING FOR 

PUBLICATION. 

WHEREAS, the City of Laredo has rules and regulations for food handler 

training activities in the City of Laredo that are limiting and out of date; and 

WHEREAS, the City of Laredo has determined that the present rule for food 

handler training is not consistent with the communities needs and current training 

methods; and 

WHEREAS, the City Council deems it necessary that food handlers be offered 

alternative approved methods of obtaining food service public health sanitation 

training. 

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 

LAREDO THAT: 

Section 1. Amendment. 

That Chapter 13, Article 11, Division 3, Employees of the Code of Ordinances be 

and is hereby amended to read as follows: 

. . 

Sec. 13-56. Food handler's certificate fi for food service 

public health sanitation training; for employees. 

(a) It shall be unlawful for any person operating a food establishment to employ any 

person in such food establishment within the city limits unless such person seeking 

employment in a food establishment shall have first obtained a valid food handler's 

certificate duly issued by the director of the health department pursuant to the 

requirements of this section. 

(b) Any owner, manager or any person in charge with care, custody and control of any 

food establishment shall certify, upon a proper form furnished by the health department, 

that all employees working for such food establishment shall be provided with food 

service public health sanitation training pursuant to all health ordinances, rules and 

regulations of the city during the first two (2) weeks of employment. 

(c) If the director of the health department or authorized representative of the health 

department shall determine that employees of any food establishment are not performing 

their duties in a hygienic manner, the director or authorized representative may require

the food establishment to have all employees repeat training in food hygiene through a 

food service public health sanitation training conducted by the health department at a 

time and place prescribed by the health department. 

(Ord. of 12-16-24, $ 1; Ord. No. 84-136, $2, 9-1 8-84) 

Sec. 13 -57. Inspections. 

It shall be the duty of the director of the health department or his authorized 

representatives to inspect all food products establishments on a periodic basis or as often 

as the director or his agents may deem necessary. 

(Ord. of 12-16-24, 5 2; Ord. of 5-1-34, $ 1; Ord. No. 84-136, $ 2,9-18-84) 

Sec. 13-58. Issuance of food handler's certificates. 

(a) Any person required by this chapter to obtain a food handler's certificate must 

. . . . 

successfully complete -s f- trxmg - an 

- - 

approved health department food service public health sanitation training course 

before a food handler's certificate is issued. 

(b) In the event that the health department's food service public health sanitation 

training has been successfully completed, a food handler's certificate shall forthwith be 

duly issued to such qualified person for an effective period of two (2) years from the 

issuance date. 

(c) The director of the health department or his authorized representative is hereby 

authorized to adopt a standard form or forms for the issuance of food handler's 

certificates and such other record-keeping methods as will best benefit the general public 

and the health department. 

(d) It shall be the duty of all food handler's certificate holder to cause such certificates to 

be registered and properly filed at the health department. It shall be the duty of the health 

department to organize, establish and provide a permanent record of all certificates 

issued. Such records shall contain the name of the certificate holder, the date of issuance 

of the certificate, and such other data as the director of the health department may deem 

proper. 

(e) The health department shall collect a fee of twenty dollars ($20.00) for the issuance 

of a food handler's certificate for the administration of the health department's food 

service public health sanitation training and for partially defraying the cost thereof. The 

health department shall collect a fee of five dollars ($5.00) for the issuance of duplicate 

food handler's certificate. 

(f) The health department shall collect a fee of two hundred fifty dollars ($250.00) per 

site for providing on-site food service public health sanitation training, issuance of a 

food handler's certificate for the food service public health sanitation training, 

processing of food handler applications, and maintenance of food handler records. 

Section 2. Publication. 

This ordinance shall be published one (1) time in a newspaper of general 

circulation in Laredo. 

Section 3. Effective Date.

This ordinance shall become effective no less than thirty (30) days from the date 

ofpvblic hearing on this Ordinance, in accordance with the City Charter. 

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS 


RAUL SALINAS 

MAYOR 

ATTEST: 



APPROVED AS TO FORM BY: 

UUL CASSO 

CB% ATTORNEY 

BY: 

~SSISTANT CITY ATTORNEY


Date: 

03/16/09 

Item # 


Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional 

Use Permit for an office on Lots l,2, and 3, Block 7, Los Obispos Subdivision Unit 11, located 

at 4703 Costello Loop. The Planning and Zoning Commission has recommended approval 

of the Conditional Use Permit. 

Initiated by: 

Laura Cabello 

HarecoILa Vaude-Vimosa 

Prior action: None. 

BACKGROUND 

11, L.C. 

ZC-82-2008 

Staff source: 

Keith Selman, Planning Director 

Council District: I - Mike Garza 

Proposed use: Office 

Site: The site is occupied by an office. 

Surrounding land uses: To the north, south, east, and west lay single-family residences and manufactured 

housing units, which is characteristic of a Mixed Residential District. 

Comprehensive Plan: The Comprehensive Plan identifies this area as Medium Density Residential. 

Transportation Plan: The Long Range Thoroughfare Plan does not identify Costello Loop. 

Letters sent to surrounding property owners: 29 In Favor: 0 Opposed: 0 

STAFF COMMENTS 

Issuance of a Conditional Use Permit is appropriate at this location. This particular business 

has operated in harmony with the existing neighborhood for over a decade. It is also adjacent 

to Sierra Vista Boulevard, a designated minor arterial according to the Long Range Thoroughfare 

Plan, which can accommodate the increased vehicular traffic an office use generates. 

Staff supports the issuance of a Conditional Use Permit and recommends that the following 

conditions be applied: 

P&Z COMMISSION RECOMMENDATION: 

The P & Z Commission, in a 6 to 0 vote, recommended 

approval of the Conditional Use Permit. There was 1 

vote in abstention. 

(Continued on Next Page) 

STAFF RECOMMENDATION: 

Staff supports the proposed Conditional 

Use Permit. 

Page 1 of 2


taff Comments (cont.) 

1. The C.U.P. shall be issued to HarecoILa Vaude-Vimosa 11, L.C., and is nontransferable. 

2. The C.U.P. is restricted to the site plan, Exhibit "C," which is made part hereof for all purposes. 

3. The C.U.P. is restricted to the activities described in letter, Exhibit "B", which is made part hereof 

for all purposes. 

4. Provide parking spaces in compliance with the Laredo Land Development Code. 

5. The owner must provide and maintain trees and shrubs in compliance with the Laredo Land Development 

Code. 

6. Signage is limited to the maximum of a twelve (12) square foot sign attached to the wall. 

7. Hours of operation shall be 8:30 AM through 5:30 PM, Monday through Friday, and 9:30 AM 

through 2:00 PM on Saturday. 

Page 2 of 2


AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF 

LAREDO BY AUTHORIZING THE ISSUANCE OF A CONDITIONAL 

USE PERMIT FOR AN OFFICE ON LOTS 1,2, AND 3, BLOCK 7, LOS 

OBISPOS SUBDIVISION UNIT 11, LOCATED AT 4703 COSTELLO 

LOOP; PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION. 

WHEREAS, a request has been received for the issuance of a Conditional Use Permit 

for an office on Lots 1,2, and 3, Block 7, Los Obispos Subdivision Unit 11, located at 4703 

Costello Loop; and, 

WHEREAS, the required written notices were sent to surrounding property owners at 

least ten (10) days before the public hearing held before the Planning and Zoning Commission 

on December 18,2008; and, 

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended 

approval of the Conditional Use Permit; and, 

WHEREAS, notice of the zone change request was advertised in the newspaper at least 

fifteen (15) days prior to the public hearing held before the City of Laredo City Council on this 

matter; and, 

WHEREAS, the City Council has held a public hearing on March 16,2009, on the request 

and finds the Conditional Use Permit amendment appropriate and consistent with the 

General Plan of the City of Laredo; and, 

WHEREAS, all conditions imposed by the Conditional Use Permit, and all pertinent 

requirements the Laredo Land Development Code shall be met before the activity sanctioned 

by the Conditional Use Permit may commence; and, 

WHEREAS, the City Council does not consider the impact, if any, of private covenants 

and deed restrictions on the subject property with the adoption of this ordinance; and, 

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 

OF LAREDO THAT: 

Section 1 : The Zoning Map of the City of Laredo be and is hereby amended by authorizing 

the issuance of a Conditional Use Permit for an office on Lots 1,2, and 3, Block 7, Los 

Obispos Subdivision Unit 11, located at 4703 Costello Loop. 

Section 2: The Conditional Use Permit is further restricted to the following provision 

herewith adopted by the City Council: 

1. The C.U.P. shall be issued to HarecoILa Vaude-Vimosa 11, L.C., and is nontransferable. 

2. The C.U.P. is restricted to the site plan, Exhibit "C," which is made part hereof for all 

purposes.

3. The C.U.P. is restricted to the activities described in letter, Exhibit "B", which is made 

part hereof for all purposes. 


5. The owner must provide and maintain trees and shrubs in compliance with the Laredo 

Land Development Code. 

6. Signage is limited to the maximum of a twelve (12) square foot sign attached to the wall. 

7. Hours of operation shall be 8:30 AM through 5:30 PM, Monday through Friday, and 9:30 

AM through 2:00 PM on Saturday. 

Section 3: This ordinance shall be published in a manner provided by Section 2.09 (D) 

of the Charter of the City of Laredo. 

Section 4: This ordinance shall become effective as and from the date of publication 

specified in Section 3. 

Section 5: The Conditional Use Permit authorized by this ordinance shall be revoked 

pursuant to the Laredo Land Development Code, section 24.94.10, entitled "Revocation," according 

to the criteria and procedures described therein and below: 

1. Criteria 

Any Conditional Use Permit, authorized by City Council, shall be considered in noncompliance 

and shall be revoked and removed from the City of Laredo Zoning Map, in the event a 

court of law finds the use in violation of any of the following conditions: 

A. The use established on site does not conform, at any time, with any or all permit 

condition(s) approved by the City Council and or any local, state, or federal law. 

B. The activity authorized by the Conditional Use Permit commences prior to the institution 

of all conditions imposed by the Conditional Use Permit. 

C. Discontinuance of the Council approved conditional use for a period of six (6) consecutive 

months. 

D. The use of which the Conditional Use Permit was authorized does not commence 

. within six months of City Council's final approval date. 

2. Procedures 

Should City of Laredo Enforcement Official inspection reveal noncompliance with Laredo 

Land Development Code, Subsection 24.94.10, Conditional Use Permit revocation procedures 

shall commence as below stipulated: 

A. A Zoning Officer shall, upon discovery of conditional use permit noncompliance as 

per Subsection 24.94.10, issue a written warning, granting a grace period of a 

minimum of ten (10) working days, within which time the use may be brought into 

compliance with the current City Council approved Conditional Use Permit for that 

location. 

B. If noncompliance persists after the conclusion of the warning grace period, a Zoning 

Enforcement Official shall issue a written citation.

C. Should the citation result in a guilty verdict, the City of Laredo shall consider the 

Conditional Use Permit revoked and proceed with its removal from the City of 

Laredo Zoning Map. 

D. The Planning Director shall then issue the permit holder written notification of the 

Conditional Use Permit's official revocation and removal from the City of Laredo 

Zoning Map. 

E. In the .event of discontinuance or failure to commence as stipulated in Subsection 

24.94.10.1 D and E of this Ordinance, Zoning Enforcement Staff will issue written 

notification of same. Ten days after issuance of Zoning Enforcement notification 

of discontinuance or failure to commence, the Planning Director shall then issue the 

permit holder written notification of the Conditional Use Permit's official revocation 

and removal from the City of Laredo Zoning Map. 



ATTEST: 


MAYOR 




RAUL CASSO 

CITY ATTORNEY 


1 inch equals 196 feet 

ZONE DISTRICTS 

ZC-82-2008 L -J Zone Districls 

City of Laredo Planning Dept 81 

Building Dev Services - GIs Division

November 26,2008 

To Whom It May Concern: 

Hareco/LaVaude-Vimosa 11, L.C. a Texas Limited Liability Company, formally requests 

a conditional use permit for the Riversouth office located at the comer of Sierra Vista 

Blvd. and Madera Ave. 

The office staff will consist of one on site manager, and three office clerks for a total of 

four employees. Also, the office hours will be Monday through Friday from 8:30 A.M. 

to 5:30 P.M. and Saturday, 9:30 A.M. to 2:30 P.M. 

The location serves as the HarecoILaVaude-Vimosa I1 South Laredo outlet for note 

payments on platted lots sold over the last fifteen years. Riversouth provides a 

convenient location for payments of the said notes and allows or policing of any and all 

plat restrictions. 

Our future plan will be to develop the three lots that the office occupies and would like to 

maintain and underlying Zone of R3. 

We feel that a conditional use permit will allow us to continue to service our customers 

and in turn comply with any zone issues in the future. 

Sincerely, 

~iura M. Cabello 

Riversouth Office Manager 

STATE OF TEXAS } 

COUNTY OF WEBB 1 

This instrument was acknowledged before me on 26th of November, 2008 by Laura M. 

Cabello, Riversouth Office Manager.

01/23/2009 16:05 1 RIVERSOUTH PAGE 01/Ell

4703 Costello Loop 

ZC-82-2008

Date: 

, 


Item # 

Initiated by: 

Newco Development 

VIMOSA I1 


BACKGROUND 



Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 9,800 square 

feet, as further described by metes and bounds in attached Exhibit "A", located east of US 

Highway 83 and south of Newco Commercial, from AG (Agricultural District) to B-3 

(Community Business District). The Planning and Zoning Commission has recommended 

approval of the zone change. 

ZC-09-2009 

Council District: I - Mike Garza 

Staff source: 


I 

Proposed use: Commercial 

Site: The site is vacant. 

Surrounding land uses: To the north are vacant land and ValeroIStripes convenience store. To the 

east and south lies vacant land. To the west are US Highway 83 and Santa Fe Subdivision. 

Comprehensive Plan: The Comprehensive Plan identifies this area as Low Density Residential. 

Transportation Plan: The Long Range Thoroughfare Plan identifies US Highway 83 as an Expressway. 


1 STAFF COMMENTS 

Staff supports the proposed zone change. Although a B-3 is not consistent with the Comprehensive 

Plan, the site abuts US Highway 83 and an existing B-3 property. 


The P & Z Commission, in an 8 to 0 vote, recommended 

denial of a B-4 but approval of a B-3. 


Staff supports the proposed zone change. 

Page 1 of 2


IMPACT ANALYSIS 

B-3 (Community Business District): The purpose of the B-3 district is to provide for those businesses 

and services serving a trade area larger than a neighborhood, but smaller than the entire city 

and located primarily along minor or principal arterial streets, as classified in the Transportation Plan 

of the City of Laredo. It is intended for this zoning classification to exist primarily abutting minor or 

principal arterial streets while preserving established residential neighborhoods along such streets. 

Is this change contrary to the established land use pattern 

No, the land use pattern is commercial in nature. 

Would this change create an isolated zoning district unrelated to surrounding districts 

No. The site directly abuts a B-3 district. 

Will change adversely influence living conditions in the neighborhood 

No. Although a B-3 district was designed to serve an area larger than a neighborhood, US Highway 

83 can accommodate increased traffic activity that may affect the existing residential districts. 

Are there substantial reasons why the property can not be used in accord with existing zoning 

No, the current zoning allows for certain commercial enterprises to operate within the AG district. 

Page 2 of 2



LAREDO BY REZONING 9,800 SQUARE FEET, AS FURTHER 

DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT 

"A," LOCATED EAST OF US HIGHWAY 83 AND SOUTH OF 

NEWCO COMMERCIAL, FROM AG (AGRICULTURAL DISTRICT) 

TO B-3 - (COMMUNITY BUSINESS DISTRICT); PROVIDING FOR 

PUBLICATION AND EFFECTIVE DATE. 

WHEREAS, a zone change has been requested by the owners of 9,800 square feet, as 

further described by metes and bounds in attached Exhibit "A," located east of US Highway 

83 and south of Newco Commercial, from AG (Agricultural District) to B-3 (Community 

Business District); and, 



on February 19,2009, and, 


approval of the proposed zone change; and, 

WHEREAS, notice of the zone change request was advertised in the newspaper at 

least fifteen (1 5) days prior to the public hearing held before the City of Laredo City Council 

on this matter; and, 


and finds the zone change appropriate and consistent with the General Plan of the City 

of Laredo; and, 





Section I : The Zoning Map of the City of Laredo be and is hereby amended by rezoning 

9,800 square feet, as further described by metes and bounds in attached Exhibit "A," located 

east of US Highway 83 and south of Newco Commercial, from AG (Agricultural District) 

to B-3 (Community Business District).

Section 2: This ordinance shall be published in a manner provided by Section 2.09 

(D) of the Charter of the City of Laredo. 






MAYOR 

ATTEST: 




RAUL CASSO 

CITY ATTORNEY 


south of Newco Commercial F me from AG (Agricultural Distric 

to B-4 (Highway Commercial District) 

A 

UNPLAllED 

I 

AG 

UNPLATTED 

UNPLATTED 

1-11 - - - - - - - o m - o m ~ 



ZC-09-2009 L -J Zone D~str~cts 

City of Laredo Planntng Dept & 

Bu~ldlng Dev Services - GIS Dlvlslon

CIVIL ENGINEERING CONSULTANTS 

DON DURDEN, INC. 

LEGAL DESCRIPTION 

OF 

9800 S.F. Tract of Land 

Zoned AG to B4 

Being a tract of land being 9800 square feet of unplatted land being out of a called 

209.1 19 acre tract of land recorded in volume 1073, pages 567-569 Webb County Deed 

Records being more particularly described as follows. 

Beginning at a 112" iron rod, being the Southeast corner of said Lot 2, Block 1, Thence 

S 05"18'30" Wa distance of 49.0 feet to a set 112" iron; 

Thence, N 84" 41' 30" W a distance of 200'to a point on the eastern R.O.W. of Highway 

83 and a set 112" iron rod; 

Thence, N 05O18'30" El along said R.O.W. line a distance of 49.00 to the Southwest 

corner of said Lot 2, and a set 112" iron rod; 

Thence, N 84" 41' 30" W a distance of 200'to a point on the eastern R.O.W. of Highway 

83 and a set 112" iron rod being the Point of Beginning here of for this 9800 square foot 

tract of land. 

~uig 

Engineering [a 

9652 MCPHERSON HD., SUITE 7 LAREDO. 'TEYAS 78045-6541

0 

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LVI I 

40,885.61 S.F. o 

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0 

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LOT 2 

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cy 

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To 

S 05" 18' 30" W 

49.0' 

LOT 3 

1E9,622.34 S.F. 

VIMOSA II, TRACT 1 

209.1 19 ACRES 

VOL. 1073, PGS 567-569 

W.C.D.R. 

PROPOSED ZONE CHANGE 

9,800 SF FROM AG TO B4

9800 Square FeetIEast of US Highway 83 and South of Newco Commercial 

ZC-09-09


Date: 


Item # 


Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Special Use 

Permit for a flea market on Lot 1, Block 1, Ervin Farm Subdivision, located at 421 0 South 

US Highway 83. The Planning and Zoning Commission has recommended approval of the 

Special Use Permit. 

Initiated by: 

Jose L. Martinez, Jr. 

Jose L. Martinez 


BACKGROUND 


Staff source: 


Council District: I11 - Michael Landeck 

Proposed use: Flea Market 

Site: The site is the location of Fleetwood Homes office and a vacant parking lot. 

Surrounding land uses: To the north lie vacant land, Columbus Energy office, and Casa Raul. To 

the east is U.S. Highway 83. To the west are an office complex and Rio Grande Ranch Apartments. 

Comprehensive Plan: The Comprehensive Plan identifies this area as RetaiVOffice. 

Transportation Plan: The Long Range Thoroughfare Plan identifies US Highway 83 as an Expressway. 



A Special Use Permit (SUP) is used for those types of uses that warrant individual attention 

on a case by case basis and should not be categorized in a zoning district. A Special Use 

Permit is basically an overlay on top of the existing zoning designation and can be limited in 

many respects such as time, fencing, setbacks, landscaping, etc. 

Issuance of an SUP is appropriate at this location. The proposed use does not conflict with the general 

commercial activities along US Highway 83. Furthermore, the site plan now reflects a consistency 

with the surrounding commercial enterprises and structures. 

(Continued on next page) 



approval of the Special Use Permit. 


Staff supports the Special Use Permit. 

Page 1 of2


Staff Comments (cont.) 

1. The Special Use Permit is issued to Jose Luis Martinez, Jr, and is non-transferable. 

2. The Special Use Permit is restricted to the activities described in the letter, Exhibit "By" which is 

made part hereof for all purposes. 

3. The Special Use Permit is restricted to the site plan, Exhibit "C," which is made part hereof for all 

purposes. 

4. The Special Use Permit is restricted to the elevation features, Exhibit "D," which is made part hereof 


5. The applicant shall provide and maintain trees and shrubs in conformance with the Laredo Land Development 

Code. 

6. The applicant will provide at least one parking space for every two hundred and fifty feet of merchandise 

floor space as specified in the Laredo Land Development Code. 

7. Vendors' andlor consumers' vehicles shall not park in the public right-of-way. 

8. Any existing or proposed driveway location is subject to approval and review fkom the Texas Department 

of Transportation (TXDOT). 

9. The applicant shall construct the faqade facing US Highway 83 prior to commencement of flea market 

activities, and the applicant shall have six months fiom March 2, 2009, the date of issuance, to 

complete the units facing Riverhill Loop. It shall be the applicant's responsibility to maintain the faqade. 

10. The applicant shall not be allowed to commence flea market activities except in the following 

phases: 

Phase I-Completion of Number Nine (9) above. Sections Two (2) and Three (3) of Exhibit "D" 

shall be operable without structures. 

Phase 11-Construction of Section Two (2) shall be completed within four (4) months of operational 

commencement of Phase I. Section Three (3) of Exhibit "D" shall be operable without 

structures. 

Phase 111-Construction of Section Three (3) shall be completed within eight (8) months of operational 

commencement of Phase I. 

Page 2 of 2

CITY OF LAREDO ORDINANCE NO. 2009-0- 

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY 

AUTHORIZING A SPECIAL USE PERMIT FOR A FLEA MARKET ON LOT 1, 

BLOCK 1, ERVIN FARM SUBDIVISION, LOCATED AT 4210 SOUTH US 

HIGHWAY 83; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. 

WHEREAS, the owners of Lot 1, Block 1, Ervin Farm Subdivision, located at 421 0 South US 

Highway 83 has requested a Special Use Permit for a flea market; and, 

WHEREAS, the required written notices were sent to surrounding property owners at least ten 

(10) days before the public hearing held before the Planning and Zoning Commission on January 22, 

2009, and, 

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended approval 

of the Special Use Permit request; and, 

WHEREAS, notice of the request was advertised in the newspaper at least fifteen (1 5) days prior 

to the public hearing held before the City of Laredo City Council on this matter; and, 

WHEREAS, the City Council has held a public hearing on March 16,2009, on the request and 

finds the proposed Special Use Permit appropriate and consistent with the General Plan of the City of 

Laredo; and, 

WHEREAS, the City Council does not consider the impact, if any, of private covenants and deed 

restrictions on the subject property with the adoption of this ordinance; and, 

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 

LAREDO THAT: 

Section 1 : A Special Use Permit is granted for a flea market on Lot 1, Block 1, Ervin Farm Subdivision, 

located at 42 10 South US Highway 83. 

Section 2: The Special Use Permit is restricted to the following provisions: 

1. The Special Use Permit is issued to Jose Luis Martinez, Jr, and is non-transferable. 

2. The Special Use Permit is restricted to the activities described in the letter, Exhibit "By" which is 

made part hereof for all purposes. 

3. The Special Use Permit is restricted to the site plan, Exhibit "C," which is made part hereof for all 

purposes. 

4. The Special Use Permit is restricted to the elevation features, Exhibit "D," which is made part hereof 


5. The applicant shall provide and maintain trees and shrubs in conformance with the Laredo Land Development 

Code. 

6. The applicant will provide at least one parking space for every two hundred and fifty feet of merchandise 

floor space as specified in the Laredo Land Development Code.

7. Vendors' andlor consumers' vehicles shall not park in the public right-of-way. 

8. Any existing or proposed driveway location is subject to approval and review from the Texas Department 

of Transportation (TXDOT). 

9. The applicant shall construct the fagade facing US Highway 83 prior to commencement of flea market 

activities, and the applicant shall have six months fiom March 2,2009, the date of issuance, to 

complete the units facing Riverhill Loop. It shall be the applicant's responsibility to maintain the fagade. 

10. The applicant shall not be allowed to commence flea market activities except in the following 

phases: 

Phase I-Completion of Number Nine (9) above. Sections Two (2) and Three (3) of Exhibit "D" 

shall be operable without structures. 

Phase 11-Construction of Section Two (2) shall be completed within four (4) months of operational 

commencement of Phase I. Section Three (3) of Exhibit "D" shall be operable without 

structures. 

Phase 111-Construction of Section Three (3) shall be completed within eight (8) months of operational 

commencement of Phase I. 

Section 3: This ordinance shall be published in a manner provided by Section 2.09 (D) of the 

Charter of the City of Laredo. 

Section 4: This ordinance shall become effective as and from the date of publication specified in 

Section 2. 



ATTEST: 


MAYOR 




RAUL CASSO 

CITY ATTORNEY 


4210 US HIGHWAY 83 SOUTH , - lest for S.U.P.(Special Use Pet I I 

A 

I 

I 

- 

= ZC-01 -09 -J zone D~slncts 

ROW-~uffer 



City of Laredo Planning Dept & 

Bulldlng Dev Services - GIs Div~sion

- - -- 

Ioning-Districts 6-3 M-2 R-IA . , R-o 

- - - - 

:one Districts 8-4 MXD a R-IMH : R-s 

0 75150 

AG CBD NULL R-2 RSM 

4210 S US Highway 83 

~L;I 

€3-1 M-I R- I R-3

December 22,2008 

To whom it may concern: 

This letter is to inform you that I want to open a Flea Market on 4210 U.S 83 

South. It will have 120 places to rent people to sell, the operation hours will be 

Wednesday to Sunday from 9:00 a.m. to 6:00 p.m. 

The Flea Market will have enough parking spots as well as restrooms and food 

court. 

Jose Luis Martinez Jr.

1 16 PARKING SPACES : -, 

ONE WAY 

TOTAL LEASE AREA 69,600 S,F. 

TOTAL PARKING SPACES 279 -- 

8 H,C. SPACES 

1004 L,F. OF FRONTAGE = 34 

2" CAL. TREES 

14 SVAED PALM TREES 

/@ 

.2

4210 South US Highway 83 

ZC-01-2009

4210 South US Highway 83 


421 0 South US Highway 83 


421 0 South US Highway 83 


Date: 


Item # 

Initiated by: 

Mario Gutierrez 

Jose A. Plata 




Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional 

Use Permit for a mechanic and body shop on Lot 6, Block 182, Eastern Division, located at 

3519 Springfield Avenue. The Planning and Zoning Commission has recommended approval 

of the Conditional Use Permit. 


BACKGROUND 

Council District: IV - Juan Narvaez 

Proposed use: Mechanic and Body Shop 

Site: The site is occupied by Plata's Auto Mechanic Shop. 

Page 1 of 2 

Staff source: 


Warningslcitations: The site received a warning on December 9,2008, for the following violateons: 

operating or conducting a General Mechanic Shop and an Auto Body Shop in a B-1 zone. The site 

then received two citations on January 12,2009, for the same violations. 

Surrounding land uses: To the north lie single-family residential structures, a vacant lot, Cash 

America Pawn, Strong Structural Steel, The Wash Tub laundry mat, Toby's Tire Shop, Hair Masters, 

Los Pasteles Bakery #3, apartments and manufactured housing units. To the east is single-family 

housing. To the south are single-family homes, a tire shop, Fajitas La Herradura, Corner Pocket Billiards 

and Sports Bar, vacant lots, and manufactured housing units. To the west lie single-family 

housing, Springfield Drive-thru, Super Fast Car Wash and Detail, and Mari's Restaurant. 

Comprehensive Plan: The Comprehensive Plan identifies this area as RetailIOffice. 

Transportation Plan: The Long Range Thoroughfare Plan identifies Springfield Avenue as a Minor 

Arterial. 



Issuance of a Conditional Use Permit is inappropriate at this location. A body and general 

mechanic shop both require a B-4 designation. The small tract, which would not meet the dimensional 

requirements for a B-4 district, is directly adjacent to residential structures; therefore, 

the proposed uses would negatively impact the quality of life for the residents. However, 

should it be the will of the Planning and Zoning Commission to recommend approval to 

City Council, staff supports the issuance of a Conditional Use Permit and recommends that 

the following conditions be applied: 



approval of the Conditional Use Permit. 

(Continued on Next Page) 


Staff does not support the proposed Conditional 

Use Permit.


taff Comments (cont.) 

1. The C.U.P. shall be issued to Mario Gutierrez and Jose A. Plata, and is nontransferable. 

2. The C.U.P. is restricted to the activities described in letter, Exhibit "B", which is made part hereof 


3. The C.U.P. is restricted to the site plan, Exhibit "C," which is made part hereof for all purposes. 


5. Provide and maintain trees and shrubs in compliance with the Laredo Land Development Code. 

6. Signage is limited to that which is allowed in a B-1 district. 

7. Hours of operation shall be 9:00 AM through 7:00 PM, Monday through Saturday. 

8. The bay door closest to Springfield Avenue shall be removed. 

9. Vehicles under repair, potential customers inquiring about services, andlor employee vehicles may 

not be stored or parked along public right-of-way. 

10. All combustiblelflarnmable items be containedlstored according to Fire Code.* 

*Recommended by Planning and Zoning Commission 

Page 2 of 2



LAREDO BY AUTHORIZING THE ISSUANCE OF A CONDITIONAL 

USE PERMIT FOR A MECHANIC AND BODY SHOP ON LOT 6, BLOCK 

182, EASTERN DIVISION, LOCATED AT 35 19 SPRINGFIELD AVENUE; 

PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION. 

WHEREAS, a request has been received for the issuance of a Conditional Use Permit 

for a Minor Repair Garage on Lot 6, Block 182, Eastern Division, located at 35 19 Springfield 

Avenue; and, 


least ten (1 0) days before the public hearing held before the Planning and Zoning Commission 

on February 19,2009; and, 


approval of the Conditional Use Permit; and, 

WHEREAS, notice of the zone change request was advertised in the newspaper at least 

fifteen (15) days prior to the public hearing held before the City of Laredo City Council on this 

matter; and, 


and finds the Conditional Use Permit amendment appropriate and consistent with the 

General Plan of the City of Laredo; and, 

WHEREAS, all conditions imposed by the Conditional Use Permit, and all pertinent 

requirements the Laredo Land Development Code shall be met before the activity sanctioned 

by the Conditional Use Permit may commence; and, 





Section 1 : The Zoning Map of the City of Laredo be and is hereby amended by authorizing 

the issuance of a Conditional Use Permit for a Minor Repair Garage on Lot 6, Block 182, 

Eastern Division, located at 35 19 Springfield Avenue. 

Section 2: The Conditional Use Permit is further restricted to the following provision 

herewith adopted by the City Council: 

1. The C.U.P. shall be issued to Mario Gutierrez and Jose A. Plata, and is nontransferable. 

2. The C.U.P. is restricted to the activities described in letter, Exhibit "B", which is made 

part hereof for all purposes.

3. The C.U.P. is restricted to the site plan, Exhibit "C," which is made part hereof for all 

purposes. 


5. Provide and maintain trees and shrubs in compliance with the Laredo Land Development 

Code. 

6. Signage is limited to that which is allowed in a B-1 district. 

7. Hours of operation shall be 9:00 AM through 7:00 PM, Monday through Saturday. 

8. The bay door closest to Springfield Avenue shall be removed. 

9. Vehicles under repair, potential customers inquiring about services, andlor employee vehicles 

may not be stored or parked along public right-of-way. 

10. All combustiblelflarnmable items be containedlstored according to Fire Code. 

Section 3: This ordinance shall be published in a manner provided by Section 2.09 (D) 

of the Charter of the City of Laredo. 



Section 5: The Conditional Use Permit authorized by this ordinance shall be revoked 

pursuant to the Laredo Land Development Code, section 24.94.10, entitled "Revocation," according 

to the criteria and procedures described therein and below: 

1. Criteria 

Any Conditional Use Permit, authorized by City Council, shall be considered in noncompliance 

and shall be revoked and removed from the City of Laredo Zoning Map, in the event a 

court of law finds the use in violation of any of the following conditions: 

A. The use established on site does not conform, at any time, with any or all permit 

conditionts) approved by the City Council and or any local, state, or federal law. 

B. The activity authorized by the Conditional Use Permit commences prior to the institution 

of all conditions imposed by the Conditional Use Permit. 

C. Discontinuance of the Council approved conditional use for a period of six (6) consecutive 

months. 

D. The use of which the Conditional Use Permit was authorized does not commence 

within six months of City Council's final approval date. 

2. Procedures 

Should City of Laredo Enforcement Official inspection reveal noncompliance with Laredo 

Land Development Code, Subsection 24.94.10, Conditional Use Permit revocation procedures 

shall commence as below stipulated: 

A. A Zoning Officer shall, upon discovery of conditional use permit noncompliance as 

per Subsection 24.94.10, issue a written warning, granting a grace period of a 

minimum of ten (1 0) working days, within which time the use may be brought into 

compliance with the current City Council approved Conditional Use Permit for that 

location.

B. If noncompliance persists after the conclusion of the warning grace period, a Zoning 

Enforcement Official shall issue a written citation. 

C. Should the citation result in a guilty verdict, the City of Laredo shall consider the 

Conditional Use Permit revoked and proceed with its removal from the City of 

Laredo Zoning Map. 

D. The Planning Director shall then issue the permit holder written notification of the 

Conditional Use Permit's official revocation and removal from the City of Laredo 

Zoning Map. 

E. In the event of discontinuance or failure to commence as stipulated in Subsection 

24.94.10.1 D and E of this Ordinance, Zoning Enforcement Staff will issue written 

notification of same. Ten days after issuance of Zoning Enforcement notification 

of discontinuance or failure to commence, the Planning Director shall then issue the 

permit holder written notification of the Conditional Use Permit's official revocation 

and removal from the City of Laredo Zoning Map. 



ATTEST: 


MAYOR 




RAUL CASSO 

CITY ATTORNEY 

BY: KRISTINA ~:':.-WALE 


( ZONE DISTRICTS City of Laredo Planning Dept & 

ZC-07-2009 -J Zone Districts 

~uildih~ Dev Sewices - GIS Division

Jose A Plata 

351'9 Springfield 

Laredo Texas 7804a 

Enero 5 2009 

Por Medio de la Presente inform0 a Ustedes, que mi 

Negocio ubicado en la direccion arriba mencionada,nos 

dedicamos a el Negocio de Enderazadg Pintu~p Lavado de Autos 

Y Mecanica en Genera, el numero de Empleados que Laboran en 

Dicho Negocio es de 5 Miembros, ademas el'.Horario es de. 

9:00 AM a 7:00 PM Horario Corrido con un solo Turno. 

Sin mas por el mometo quedo de Ustedes,Atentamente. 

La Puerta que existia para el lado Noreste se clausura,quedando 

Una puerta de 101,abierta para el lado* .&, C;K;~TE~ 

i/ ~ose A Plata 

Subscribed and sworn on this 5Th day of Jan. 2009

3 5 1 9 Springfield Avenue 

ZC-07-09

3 5 1 9 Springfield Avenue 

ZC-07-09

Date: 

0311 6/09 

Item # 

Initiated by: 

Daniel Gomez 

Wharf, LLC 


BACKGROUND 



Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 1 A, Block 

1021 Western Division, located at 4119 San Dario Avenue, from B-3 (Community Business 

District) to B-4 (Highway Commercial District). The Planning and Zoning Commission 

has recommended approval of the zone change. 


Council District: V - Johnny Rendon 

Proposed use: Commercial 

Staff source: 


Site: The site is occupied by a vacant restaurant: the old Pelican's Wharf. 

Surrounding land uses: To the north are Kawasaki, Playland Adventures, Dr. Ike's, and US Rentals. 

To the east lie Globetrotter Travel Service and a parking lot. To the south are Gregory's Smart Start 

Ed, single-family residential housing, Mariscos, Laredo Auto Air Repair, and Meme's Street Rods. 

To the west is Interstate 35. 


Transportation Plan: The Long Range Thoroughfare Plan does not identify San Dario Avenue. 



Staff supports the proposed zone change. A B-4 district is compatible with the surrounding 

zoning districts. 

Pelican's Wharf was also built on two lots. While Lot 1A is zoned B-3, .302 acres out of Lot 

2A is zoned B-4. Therefore, the proposed zone change will ameliorate the discordant zones. 






Page 1 of 2



B-4 (Highway Commercial District): The purpose of the B-4 district is to provide for those businesses 

and services serving a regional area which are to be located primarily along principal (major) 

arterial streets or the freeway, as classified in the Transportation Plan of the City of Laredo. It is intended 

for this zoning classification to exist primarily along principal arterial streets or the freeway 

and to impose site development regulations to ensure adequate access of all uses within this classification. 


No. The site directly abuts a B-4 district to the east and south. 


No. The site is situated within a B-4 district. 


No,, the site is surrounded by a B-4 district. There are no residential areas around the site. 


No, the current zoning allows for sufficient commercial uses. 

Page 2 of 2



LAREDO BY REZONING LOT lA, BLOCK 1021, WESTERN 

DIVISION, LOCATED AT 4119 SAN DARIO AVENUE, FROM B-3 

(COMMUNITY BUSINESS DISTRICT) TO B-4 (HIGHWAY 

COMMERCIAL DISTRICT); PROVIDING FOR PUBLICATION AND 

EFFECTIVE DATE. 

WHEREAS, a zone change has been requested by the owners of Lot 1 A, Block 1021, 

Western Division, located at 41 19 San Dario Avenue, from B-3 (Community Business District) 

to B-4 (Highway Commercial District); and, 







least fifteen (1 5) days prior to the public hearing held before the City of Laredo City Council 









Section 1 : The Zoning Map of the City of Laredo be and is hereby amended by rezoning 

Lot 1 A, Block 1021, Western Division, located at 41 19 San Dario Avenue, from B-3 

(Community Business District) to B-4 (Highway Commercial District). 


(D) of the Charter of the City of Laredo.






MAYOR 

ATTEST: 




RAUL CASSO 

CITY ATTORNEY 



ZC-08-2009 =-J Zone Districts 



- 

m- 

.4tRO 

BLOCK 1021-A 

BLOCK lOZ* 

. COUMUNITY-PANEL NUMBER 

4 1obMB 

MAY 17. 1982 

LOT 1A AND 

0.302 ACRES Om OF LOT 2A

41 19 San Dario Avenue 

ZC-08-09

41 19 San Dario Avenue 

ZC-08-09

Date: 


Item # 

Initiated by: 

Lazaro Treviiio 



Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 29A, Ferraez 

Subdivision, located at 260 W. Calton Road, from B-1 (Limited Commercial District) to B- 

3 (Community Business District). The Planning and Zoning Commission has recommended 


ZC- 10-2009 


BACKGROUND 

Council District: V - Johnny Rendon 

Proposed use: Used Car Dealership 

Site: The site is occupied by J.J.'s Auto Sales. 

Staff source: 


WarningsICitations: On July 14,2008, the site received a warning for the following violations: operating 

a business of used cars (retail sale of used cars), auto body shop, auto paint shop, auto repair 

associated with retail sales, storing motor vehicles, and outside storage of paints and equipment in a 

B-1 zone. The site then received citations on July 29, November 6, and December 3 of 2008, and on 

January 6,2009, for the same violations. 

Surrounding land uses: To the north are single-family housing, Hillside Condominiums, and apartments. 

To the east lie Mendes Printing Company, Peter Pan photo studio, Petroleum Solutions, Incorporated, 

Fred Loya Insurance, Lutheran Social Services of the South, a nail salon, and a strip mall 

with the following businesses: ARTek hair salon, The Baby Avenue, etc. To the south are condominiums, 

manufactured housing units, R 6 Party Supply, single family homes, Pedraza apartments, 

another apartment complex, Iglesia La Vid, West Side Collision, and Calton Office Park. To the west 

are a vacant children's amusement establishment, Fun Zone Amusement Center, and Carmona's Mobile 

Homes. 


Transportation Plan: The Long Range Thoroughfare Plan identifies Calton Road as a Modified Maj 

or Arterial. 



Staff supports the proposed zone change. A B-3 designation is in conformance with the 

Comprehensive Plan's designation for this area as Retail/Office, and the proposed use would 

be compatible with existing commercial enterprises along Calton Road. 






Page 1 of 2

I 



B-3 (Community Business District): The purpose of the B-3 district is to provide for those businesses 

and services serving a trade area larger than a neighborhood, but smaller than the entire city 

and located primarily along minor or principal arterial streets, as classified in the Transportation Plan 

of the City of Laredo. It is intended for this zoning classification to exist primarily abutting minor or 

principal arterial streets while preserving established residential neighborhoods along such streets. 


No, the land use pattern is mixed commercial in nature. 


No. A B-4 district and a B-3 district are located within the same block as the site petitioning for 

amendment to the Zoning Ordinance (Map). 


No, the uses allowed in the abutting B-4 district might negatively impact the mixed residential uses 

north and south of Calton Road more than the uses permitted for the proposed B-3 district. The site 

also only has access to Calton Road and not to Calle Ferraez, which services the residential area behind 

it. 


No, the current zoning allows for sufficient commercial uses. 

Page 2 of 2



LAREDO BY REZONING LOT 29A, FERRAEZ SUBDIVISION, 

LOCATED AT 260 W. CALTON ROAD, FROM B-1 (LIMITED 

COMMERCIAL DISTRICT) TO B-3 (COMMUNITY BUSINESS 

DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE 

DATE. 

WHEREAS, a zone change has been requested by the owners of Lot 29A, Ferraez 

Subdivision, located at 260 W. Calton Road, fi-om B-1 (Limited Commercial District) to B-3 

(Community Business District); and, 







least fifteen (15) days prior to the public hearing held before the City of Laredo City Council 









Section 1 : The Zoning Map of the City of Laredo be and is hereby amended by rezoning 

Lot 29A, Ferraez Subdivision, located at 260 W. Calton Road, fi-om B-1 (Limited Commercial 

District) to B-3 (Community Business District). 


(D) of the Charter of the City of Laredo.

Section 3: This ordinance shall become effective as and fiom the date of publication 





MAYOR 

ATTEST: 




RAUL CASSO 

CITY ATTORNEY 

BY: KRTST~-LY~~ALE 


260 w CALTON Rezone from B-I (Limited Commercial District) 

to B-3 (Community Business District) 


A 

NORTH 

= 


ZC-07-2009 -J Zone Districts 




260 West Calton Road 

ZC-10-09

260 West Calton Road 

ZC- 10-09


DATE: 

03- 16-09 

SUBJECT: AN ORDINANCE 

REPEALING ORDINANCE NO. 93-0-023 WHICH 

ESTABLISHED ORIGINAL RULES AND FEES FOR THE 

PUBLIC ACCESS CENTER AND ESTABLISHING RULES, 

REGULATIONS, PROCEDURES AND RATES FOR USE OF 

THE PUBLIC ACCESS FACILITIES 

INITIATED BY: 

Horacio de Leon, Asst. City Manager 

STAFF SOURCE: 

Heberto L. Ramirez, IST Director 


None. 

BACKGROUND: 

On February I, 1993 the City Council adopted Ordinance No. 93-0-023 which established the rates, rules 

and procedures for the use of the Public Access Center, its equipment and personnel. Due to 

considerable changes to the rules, regulations, procedures and rates it is necessary to completely 

eliminate the adopted ordinance and replace it with a new, more efficient set of rules and regulations as 

well as updated fees. 

The fees are as follows: 

OrientationITraining Fee - $25.00 

Fees for Commercial Use 

Studio Facilities: Commercial Producers of the PAC Studio facilities shall pay: 

For use during Regular Business Hours: $225.00 per three-hour period or portion thereof. 

For use after Regular Business Hours or on weekends: $375 per three-hour period plus $50/hour 

for Staff supervision. 

For PAC portable camera equipment : Commercial Producers shall pay the PAC the following: 

$75 per hour up to three hours 

$225 for more than three and up to twelve hours 

$450 for more than twelve and up to 24 hours 

VHS Camcorder. Commercial Producers shall pay the PAC $100.00 per day for use of a PAC VHS 

Camcorder. 

Post-Production Equipment: Commercial Users of PAC Editing Equipment (Suite A) shall pay the 

PAC the following: 

$75 for up to three hours 

$225 for more that three and up to twelve hours 

$450 for more than twelve and up to 24 hours 


None. 




AN ORDINANCE NO. 

REPEALING ORDINANCE NO. 93-0-023 WHICH ESTABLISHED 

ORIGINAL RULES AND FEES FOR THE PUBLIC ACCESS 

CENTER AND ESTABLISHING RULES, REGULATIONS, 

PROCEDURES AND RATES FOR USE OF THE PUBLIC 

ACCESS FACILITIES; PROVIDING FOR SEVERABILITY, 

PUBLICATION AND EFFECTIVE DATE. 

WHEREAS, the purpose of the Public Access Facilities are to provide a 

medium for individuals, groups, organizations, and institutions to communicate 

with the citizenry of la red^ via channels on the cable television system; and 

WHEREAS, Public Access Center equipment, facilities, and channels are 

available for community use to facilitate the development of non-commercial 

programs which focus on local issues and concerns; and 

WHEREAS, the Public. Access Center operates four access cable 

channels: Channel 2, Channel 3, Channel 13, and Channel 18; and 

WHEREAS, the City of Laredo, herein sets forth rules, regulations, 

procedures, and rates for the fair and efficient use of the Public Access Facilities, 

and 

WHEREAS, a public hearing is required to increase the rates as per 

Section 2.09 (B) of the City Charter of the City of Laredo. 

NOW THEREFORE BE IT ORDAINED BY THE ClTY COUNCIL OF THE 

ClTY OF LAREDO THAT: 

Section I: Ordinance 93-0-23 be and hereby is repealed effective upon 

passage of this Ordinance. 

Section 2: 

Section 3: 

Section 4: 

It adopts the Rules, Regulations, Rates, Procedures and Fees set 

forth in Exhibit " A attached hereto and incorporated herein by 

reference as if set out in full. 

It directs the City Secretary of the City of Laredo publish the 

attached Exhibit "A" Rules, Regulations, Rates, Procedures and 

Fees as the "Handbook of the Public Access Center". 

Should any work, sentence, paragraph, subdivision, clause, phrase 

or section of this ordinance be adjudged or held to be void or 

unconstitutional, the same shall not affect the validity of the of the 

remaining of the remaining portions of this ordinance, or the Code

of Ordinances, as amended, which shall remain in full force and 

effect. 

Section 5: 

Section 6: 

It finds, determines, recites and declares that sufficient written 

notice of the date, hour, place and subject of this meeting of the city 

Council was posted at a place convenient to the public at the city 

hall of the City of Laredo for the time required by law preceding this 

meeting, as required by the Texas Open Meetings Act, and that this 

meeting has been open to the public as required by law at all times 

during which this ordinance and the subject matter was considered. 

This Ordinance shall take effect immediately from and after its 

passage, and publication of the caption, as the law and charter in 

such cases provide. 

PASSED BY THE ClTY COUNCIL AND APPROVED BY THE MAYOR 

ON THIS THE - DAY OF ,2009. 

- 

RAUL G. SALINAS, MAYOR 

ATTEST: 

GUSTAVO GUEVARRA, JR. 

ClTY SECRETARY 


Raul Casso, City Attorney 

- - Z/~YJ* /d.j i&/- 

&f Nathan R. Bratton 


(-

DRAFT 

Exhibit "A" 

HANDBOOK OF THE PUBLIC ACCESS CENTER 


Adopted the - day of March, 2009

CONENTS 

INTRODUCTION ................................................................................... 1 

IN GENERAL ..................................................................................................................... 1 

REQUIREMENTS FOR USE OF PEG FACILITIES AND EQUIPMENT ........................ 4 

TRAINING PROGRAMS ................................................................................................... 6 

USE OF VIDEOTAPES ....................................................................................................... 7 

USING PORTABLE VIDEO EQUIPMENT ..................................................................... 7 

USING THE PUBLIC ACCESS CENTER STUDIO .......................................................... 9 

CABLECASTING ON PUBLIC ACCESS CHANNEL .................................................... 10 

PROGRAM CONTENT ................................................................................................... 14 

COMMUNITY BULLETIN BOARDS ............................................................................ 15 

COMMERCIAL USE OF PROGRAMMING AND ACCESS CENTER EQUIPMENT . 16 

17 

19 

ENFORCEMENT ............................................................................................................. 

PUBLIC RECORDS ......................................................................................................... 

Page ii of 20

INTRODUCTION 

The purpose of the Public Access Center is to provide a medium for individuals, groups, 

organizations, and institutions to communicate with the citizenry of Laredo via channels on the 

cable television system. Public Access Center equipment, facilities, and channels are available 

for community use to facilitate the development of non-commercial programs which focus on 

local issues and concerns. 

The Public. Access Center operates four access channels: Channel 2 is reserved for programming 

Religious Groups; Channel 13 is reserved for governmental access programming; Channel 8 is 

reserved for educational programming by and for locally recognized educational institutions; 

Channel 3 has been designated as the Public Access Channel for use by members of the general 

public who have undergone Public Access training and are qualified to use Public Access 

equipment. 

The handbook contains access rules, regulations, procedures and a fee structure which have 

been developed by the Public Access Center in conjunction with the City of Laredo' Staff and 

the City Council. The purpose of the rules is to ensure that: 

1. Each citizen in Laredo who is interested in community access programming will have the 

opportunity to learn how to use PAC access equipment and facilities; and 

2. Each community access user will fully understand the priorities involved in cablecasting a 

community access program over the cable system. 

As community use of the cable system grows, the rules, regulations, procedures and fees in this 

handbook may be subject to change in order to serve all the citizens of Laredo, Texas. 

1. IN GENERAL 

1.1. Purpose. The purpose of the Public Access Center ("PAC") is to provide a 

medium for individuals, groups, organizations, and institutions to communicate 

with the citizenry of Laredo via channels on the cable television system. The 

PAC Stuko, Portable Video Equipment and Post-Production Equipment, and a 

Public Access Channel are available for community use to facihtate the 

development of non-commercial programs that focus on local issues and 

concerns. 

1.2. Definitions 

1.2.1. "Advertising" means, for purposes of this handbook, material (in 

whatever form in or associated with a program) designed to promote 

the sale of commercial products or services or the patronizing of 

particular places of business. Programs funded from grants or 

donations shall not be considered as being supported by Advertising. 

Page 1 of 20

1.2.2. "Commercial use" means use that is (a) conducted on a for-profit 

basis, (b) designed to promote the sale of commercial products or 

services or the patronizing of particular places of business, or (c) 

supported by Advertising. This term shall not be interpreted to 

prohibit a Producer from soliciting and receiving financial support to 

produce and transmit video programming on the Public Access 

Channel, or from acknowledging a contribution. 

1.2.3. "Commercial Producer" means a Producer that is producing 

commercial programming. 

1.2.4. "Community Bulletin Board" means programming which consists of a 

single of multiple slides whch are aired in between scheduled 

programs. 

1.2.5. "Funding Sponsor" means a person, organization or enterprise which 

provides funding towards the cost of producing a program. "Funhng 

Sponsors" are permitted with the understanding that it constitutes a 

donation to support the producer's work and is not a compensation 

for use of cablecast time or access resources. 

1.2.6. "Indecent programming" means language or material that, in context, 

depicts or describes, in terms patently offensive as measured by 

contemporary community standards for the broadcast medium, sexual 

or excretory organs or activities. 

1.2.7. "Information Services and Telecommunications Director" means the 

person that is responsible for the Public Access Channel Center 

Division, including supervision of the Public Access Media Services 

Manager. 

1.2.8. "Media" means videotape, dvd or any other approved material which 

contains electronic or digtally recorded information for broadcast. 

1.2.9. "Public Access Channel Facilities or PAC Facilities" means the 

building and the access channel operations at 1101 Garden Street, 

Laredo, Texas 78040. 

1.2.10. "PAC Studio" means the studio and any video production equipment 

within the studio that is neither Portable Video Equipment nor Post- 

Production Equipment. 

1.2.1 1. "PEG Facilities and Equipment" means collectively the PAC 

Facilities, PAC Studio, Portable Video Equipment, and Postproduction 

Equipment. 

Page 2 of 20

1.2.12. "Public Access Media Services Manager" means the person charged 

with overseeing the day to day operations of the Public Access 

Channels and Public Access Facility. 

1.2.13. "Portable Video Equipment" means any PAC equipment which can be 

taken out of a studio to produce video outside the stud0 environment. 

1.2.14. "Post-Production Equipment" means equipment for editing and 

manipulating recorded video, incluhng editing the soundtrack and 

adding visual special effects. 

1.2.15. "Producer" means a person or persons who (a) meets the requirements 

set forth in Section 2, either as a resident or as a non-resident, and (b) 

has been certified by the City to use PAC equipment and facilities 

pursuant to Section 3. 

1.2.16. "Production Crew" means more than one producer assisting in the 

production of a program. 

1.2.17. "Regular Business Hours" means those hours when the Access Center 

is open to the public. 

1.2.18. "Public Access Channel" means the channels in the City where 

organizations, groups, or individual members of the general public are 

the designated programmers. 

1.2.19. "User" means any person who places programming on the Public 

Access Channel in the City. Every User must meet the requirements 

set forth in Section 2. 

1.3. The Public Access Channel is reserved for use by members of the general public 

who have undergone public access training and have been certified as qualified 

to use public access equipment. 

1.4. This handbook contains access rules and procedures whch have been developed 

by the PAC in conjunction with the City of Laredo Staff . The purpose of the 

rules and procedures is to ensure that: 

1.4.1. Each citizen in Laredo who is interested in public access 

programming will have the opportunity to learn how to use the PAC 

Studio, Portable Video Equipment, and Post-Production Equipment; 

and 

Page 3 of 20

1.4.2. Each public access User will fully understand the priorities involved 

in scheduling public access programs on the cable system (see Section 

7.8.4 below). 

1.5. Non-Commercial Use. PEG Facilities and Equipment and PEG channels exist 

primarily for non-commercial community programming purposes and are not 

intended for commercial use. 

1.5.1. All programming produced with PEG Facilities and Equipment must 

appear on one of the City's access channels, unless the Producer has 

complied with the commercial use requirements of Section 10. 

1.5.2. Should any program produced for cablecast on the Public Access 

Channel subsequently be used for commercial use, the Producer shall 

reimburse the PAC for any production costs of the program at the 

commercial rates listed in the Commercial Use 10 below: 

1.6. The policies in this handbook are subject to change so that public access may 

better serve the citizens of Laredo. 

2. REQUIREMENTS FOR USE OF PEG FACILITIES AND EQUIPMENT 

2.1. Priority of Use. Both residents and non-residents of the City may request use of 

PEG Facilities and Equipment if they meet the requirements of Section 2.2 or 2.3 

respectively. However, residents of the City have priority for the PEG Fachties 

and Equipment, and may preempt non-residents' use. 

2.2. Residents. 

2.2.1. Any resident of the City of Laredo who is at least 18 years of age may 

request the use of the PEG Facilities and Equipment if the resident 

meets the following conditions: 

2.2.1.1. the resident has been certified to use PEG Facihties and 

Equipment pursuant to Section 3; and 

2.2.1.2. the resident agrees to comply with the rules and procedures 

specified herein. 

2.2.2. Any resident of the City of Laredo who is under 18 years of age may 

request the use of the PEG Facilities and Equipment if the resident 

meets the requirements of Section 2.2.1 and an adult city resident (the 

Sponsor) assumes legal responsibility by making all necessary 

applications. 

2.2.3. The following may be submitted as proof of residency: 

2.2.3.1. A valid Texas driver's license with an address in the City; 

Page 4 of 20

2.2.3.2. A valid state-issued identification card with a current address in 

the City; 

2.2.3.3. A utility bill containing the applicant's name and showing an 

address in the City, dated no earlier than 30 days prior to the 

application date; or 

2.2.3.4. A valid passport showing an address in the City of Laredo. 

2.2.4. The following may be submitted as proof of age: 

2.3. Non-Residents 

2.2.4.1. A valid state-issued driver's license; 

2.2.4.2. A valid state-issued identification card; or 

2.2.4.3. A birth certificate. 

2.3.1. A non-resident may use the PEG Facilities and Equipment if the nonresident 

is: 

2.3.1.1. An employee of an institution or governmental agency that does 

business in the City of Laredo; or 

2.3.1.2. A member of an organization that serves or is located in the City 

of Laredo; or 

2.3.1.3. A student enrolled in an educational institution located in the 

City of Laredo; or 

2.3.1.4. An authorized representative of an institution or group of the 

sorts specified in Sections 2.3.1.1 through 2.3.1.3. 

2.3.1.5. Any non-resident not meeting the requirements of 2.3.1 may 

request use of the PEG Facilities and Equipment if: 

Page 5 of 20

2.3.1.5.1 The non-resident is certified pursuant to Section 3, 

and 

2.3.1.5.2 A resident certified Producer agrees in writing to 

assume all legal responsibility for loss or damage to 

equipment resulting from the non-resident's use. 

3. TRAINING PROGRAMS 

3.1. The Public Access Center conducts a series of workshops to make Users aware 

of the production capability of the public access facilities. These workshops are 

designed to train and certify Producers to operate PAC equipment. 

3.1.1. Workshops are scheduled upon request on a time-available basis. 

3.1.2. There is a fee of $25 per person, payable in advance, which covers 

orientation, four training sessions, and the assistance of a staff 

member during the trainee's first shoot. 

3.1.3. Standard workshops will include the following: 

3.1.3.1. Orientation Session: includes rules and regulations regarding 

use of the Public Access Center's access channel, equipment, 

and facilities. 

3.1.3.2. Studio Equipment: includes the stuho cameras, sound board, 

lighting, and control room operations. 

3.1.3.3. Portable Equipment: includes camcorders , monitors, 

microphones, battery chargers, and portable lighting 

equipment. 

3.1.3.4. Editing Equipment: includes insert and assemble editing, and 

au&o dubbing on a linear and linear editing system. 

3.1.3.5. Character Generator: includes page, roll, and crawl files. 

3.2. In order to be certified, a User is required to: 

3.2.1. Complete a workshop series that covers rules and equipment 

operation; 

3.2.2. Demonstrate to the PAC staff his ability to operate and care for 

equipment covered in the particular workshop. 

3.3. Upon completion of the requirements listed in Section 3.2, the User will then be 

issued an appropriate certification card. 

Page 6 of 20

3.4. Experienced video participants may also be issued a certification card by 

attending an orientation workshop and demonstrating to the PAC staff's 

satisfaction their knowledge of the care and operation of the equipment. 

USE OF VIDEOTAPES 

4.1. The PAC will set aside twenty (20) numbered -30 minute tapes and ten (10) 

numbered 60-minute tapes for use by the public free of if charge for the purpose 

of creating local non-commercial programming. 

4.2. Users may borrow up to six 30-minute tapes at a time. The lending period for a 

30-minute tape is a maximum of seven (7) days. 

4.3. Users may borrow up to two (2) 60-minute tapes at a time. The lending period 

for a 60-minute tape is a maximum of two (2) weeks. 

4.4. For any tape not cleared and returned at the end of the lending period, the User 

will be charged five dollars ($5.00) per day per tape. 

4.5. If a tape is not returned within five (5) weeks, the User shall pay twenty-five 

dollars ($25.00) or the purchase price of a new tape of the same type, whichever 

is higher. Upon payment of the amount due, the missing tape will become the 

property of the borrower. 

4.6. Any User owing the PAC money because of failure to pay the fees specified 

above will be denied use of any PEG Facilities and Equipment until such time as 

all financial obligations are cleared. 

4.7. Exceptions to the rules in this Section 4 must be approved in writing by the 

Public Access Media Services Manager . The Public Access Me&a Services 

Manager is responsible for promulgating contracts and check out forms. 

5. USING PORTABLE VIDEO EQUIPMENT 

5.1. Producers may check out Portable Video Equipment according to the rules in 

this Handbook. The rules are designed to maximize the utilization of the 

equipment for the greatest number of Users. 

5.2. Reservation of Portable Video Equipment. 

5.2.1. Portable equipment is reserved on a first-come, first-serve basis. 

Page 7 of 20

5.2.2. A Producer must reserve equipment at least seven (7) days in advance, 

but cannot place a reservation more than 30 calendar days in advance. 

5.2.3. Producers may obtain an equipment reservation form at the PAC 

office. 

5.2.4. The equipment reservation form must be signed by a Producer and 

submitted to PAC staff. 

5.2.5. A Producer may reserve only one Camcorder at any one given time. 

5.2.6. PAC staff are to be informed about a cancelled equipment reservation 

at least 36 hours in advance. Failure to abide by the rules and 

procedures herein stated will cause a violator to be placed on 

suspension for 30 days. Subsequent suspensions are for 90 days and 

one year respectively. Further suspensions will be submitted to the 

advisory board to be grounds for forfeiture of the privilege to use the 

Public Access Channel and PEG Facilities and Equipment. 

5.2.7. In case of an emergency, PAC staff has the right to cancel any 

reservation in order to make full use of the PEG Facilities and 

Equipment, provided the PAC gives the Producer that has reserved 

the equipment as much advance notice as possible. 

5.3. Check-out and check-in. 

5.3.1. Access equipment may be checked in and out during Regular Business 

Hours only. 

5.3.2. Portable Video Equipment is not available for check-out during 

portable equipment workshops. Priority is given to the workshop so 

that the equipment is available to educate and certify community 

members. 

5.3.3. The following must be presented at che time the portable equipment 

is checked out: 

5.3.4. A Producer's certification card. This card shall be kept on file at the 

PAC until all equipment is returned; and 

5.3.5. One of the identification documents listed in Section 2.2.3 

5.3.6. A Producer is required to complete and sign an equipment check-out 

form and a Statement of Compliance at the time of check-out. 

Page 8 of 20

5.4. Portable Video Equipment must be used within the city limits of the City of 

Laredo unless authorization is granted by the Public Access Media Services 

Manger for use outside the city limits . 


Public Access Media Services Manager . The Public Access Media Services 

Manager is responsible for promulgating contracts and check out forms. 

6. USING THE PUBLIC ACCESS CENTER STUDIO 

6.1. The PAC Studio is available for use to record studio programs that will be 

cablecast on a Public Access Channel. 

6.2. Post-Production Equipment is also available for scheduled use at the PAC 

Studio. 

6.3. The following rules apply to using the PAC Studio: 

6.3.1. The PAC Stuho is not available for production purposes during 

scheduled workshops in the studio. In this case, priority is given to 

the workshop so that the PAC Stulo is available to educate and 

certify community members. 

6.3.2. Reservations. 

6.3.2.1. The PAC Studio is reserved on a first-come, first-serve basis 

upon receipt by PAC Staff of a signed Stuho Reservation Form 

from a Producer. 

6.3.2.2. Producers requesting assistance in recruiting a certified 

production crew must make the request in writing at least 

fourteen (14), but not more than thirty (30), calendar days in 

advance. 

6.3.2.3. Producers providing their own certified production crew must 

reserve stuho time in writing at least seven (7), but no more 

than thirty (30), calendar days in advance. 

6.3.2.4. A Producer may reserve the PAC Studio for up to a three-hour 

period on any given day, once a week. This time includes 

setting up, the production recordmg, elting and breakdown. 

Page 9 of 20

PAC Studio staff are to be informed about cancelled PAC Studio 

or Post-Production Equipment time at least 36 hours in 

advance. Failure to abide by the rules and procedures herein 

stated will cause a violator to be placed on suspension for 30 

days. Subsequent suspensions are for 90 days and one year 

respectively. Further suspensions wdl be submitted to the 

advisory board to be grounds for forfeiture of the privilege to 

use the Public Access Channel and PEG Facilities and 

Equipment. 

6.3.2.6. In case of an emergency, PAC staff has the right to cancel any 

reservation in order to make full use of the PEG Facilities and 

Equipment, provided the PAC gives the Producer that has 

reserved the equipment as much advance notice as possible. 

6.3.3. In order to maximize the use of PAC Studo time and Post-Production 

Equipment, a production outline is required of groups or individuals 

to demonstrate their readiness for use of the facilities. PAC staff is 

available to assist in producing such an outline. 

6.3.4. Not more than 15 people at a time may be in the PAC Studo before, 

during, or after a particular production. Ths number includes the 

Producer's crew and performers. 


Public Access Media Services Manager . 

7. CABLECASTING ON PUBLIC ACCESS CHANNEL 

7.1. Pre-recorded programs are cablecast on a Public Access Channel. 

7.2. A User seeking cablecast time must submit the following to the Public Access 

Media Services Manager: 

7.2.1. Application for Cablecast; 

7.2.2. Statement of Compliance; and 

7.2.3. A signed Access Program contract. 

7.3. The Application for Cablecast shall, at a minimum, contain the following: 

7.3.1. the name, address and contact information for the User and, if 

different, the Sponsor; 

7.3.2. the length of the program; 

Page 10 of 20

7.3.3. the preferred time slot for airing the program on a specific Public 

Access Channel. 

7.4. The Statement of Compliance shall, at a minimum, contain the following: 

7.4.1. Whether any program submitted contains indecent content and if so, 

a statement that the User or Sponsor agrees that such programming 

may be aired on the Public Access Channel between the hours of 10 

pm and 6 am. 

7.4.2. A statement that the User or Sponsor understands that false or 

misleading statements made in the Application for Cablecast, 

Statement of Compliance, and Access Program Contract are grounds 

for forfeiture of the right to use PEG Facilities and Equipment or the 

Public Access Channel. 

7.4.3. A statement that the program User or Producer understands that the 

Application for Cablecast and Statement of Compliance will be on file 

at the PAC and available to any local person to view during Regular 

Business Hours. . 

7.4.4. A statement that the User or Producer understands that herlhis 

program recording ) will be cablecast based on information provided 

on the Application for Cablecast, the Statement of Compliance and 

the Access Program Contract. Any inconsistencies may result in 

aborted playback. Repeat violations may result in denial of a User or 

Producer's right to cablecast on the Public Access Channels. 

7.4.5. A statement that the program User or Sponsor has obtained (or, 

before the programming material is cablecast, will obtain) all 

approvals, clearances, licenses, and similar authorizations that may be 

necessary for the use of any program material to be cablecast, 

including but not limited to approvals by broadcast stations, 

networks, underwriters, music licensing organizations, copyright 

owners, performers' representatives, and all persons appearing in the 

program material. 

7.4.6. A statement that the program User or Producer agrees that helshe 

shall not represent himselfherself or any other person involved in 

public access cablecasting or productions as an employee, 

representative or agent of the PAC, the local cable 

company/companies, or the City of Laredo. 

7.5. The Access Program Contract shall contain the following: 

Page 11 of 20

Each videotape or other recordng submitted to the PAC should contain one 

program only, and be submitted directly to the Public Access Media Services 

Manager. Mailed tapes should be addressed to Public Access Media Services 

Manager . 

Every program submitted for cablecast must be clearly labeled with the title, the 

name of the User or Sponsor, and length (accurate TO THE SECOND; do not 

round off times to the minute). The title should appear on both the face and 

spine of the tape or disc and case. The program should be preceded by 30 

seconds of color bars and tone, a slate (title, length, date of completion and 

Producer's name), and a ten-second countdown. 

7.8. Time Slot Scheduling. After all documents required by Section 7.2 have been 

provided, the Public Access Meda Services Manager wdl meet with the User or 

Producer to develop scheduling which is advantageous to both the User and the 

viewing audience. 

7.8.1. Reruns. Producers are encouraged to rerun programs a reasonable 

number of times. 

7.8.2. Programs must be scheduled to begin on the half hour or on the hour. 

7.8.3. Program Length. Viewing audiences tend to select channels on the 

half hour or on the hour. These viewing habits should be considered 

when writing and producing public access programs. However, in 

order to promote variety in program content, the PAC wdl consider 

accepting programs of any length. 

7.8.4. Priority. Although time slots are generally scheduled on a first-come, 

first-serve basis, the following channel priorities shall normally be 

observed: 

7.8.4.1. Should requests for time exceed Public Access Channel 

availability on a requested date, priority for that date will be 

given to first-run series programming submitted, and then to 

first-run programming submitted and then to second run 

programming submitted . 

7.8.4.2. Locally produced programming shall have priority over 

programming from other sources. 

7.8.4.3. First-time cablecas ts shall have priority over repeat showings. 

7.8.5. Time Limits. Each User and each Producer has a two (2) hour limit of 

programming time per week. Exceptions to this two-hour time limit 

will be made by the Public Access Media Services Manager only for 

Page 12 of 20

Users or Producers who can submit on a regular basis new, neverseen-before 

programs which exceed this minimum. Regularly 

scheduled reruns are not included in the two-hour time limit. 

7.8.6. Regular time slots up to 13 weeks in duration may be scheduled by any 

User with the understanding that first-time Users will be given 

preference at renewal time; however, a User may be required topgive 

up a regular time slot if programs are not provided as scheduled. 

7.8.7. To assure a requested time slot, media must be submitted directly to 

the Public Access Meda Services Manager by the Friday preceding 

the week of the scheduled cablecast. 

7.8.8. Programs whch contain indecent content may be cablecast only 

between the hours of 10:OO pm and 6:00 am. The Sponsor is requested 

to notify the Programming Department that herhis program(s) 

contain such content. 17 

7.8.9. If a legally qualified candidate for public office personally appears on 

the Public Access Channel in connection with his or her campaign 

during the period 60 days prior to a primary, general, or special 

election, priority shall be given to requests for cablecasts by opposing 

legally-qualified candidates for the same office. The same priority shall 

apply to proponents and opponents of ballot issues during the same 

timeframe. Members of the public may determine who has requested 

time by inspecting the public records maintained by the PAC for all 

programming pursuant to the "Public Records" section of this 

Handbook, Section 12. 

7.9. Videotapes or discs must meet technical standards necessary for transmission 

on the cable system. PAC staff wdl assist Producers and Users in every way 

possible in meeting these standards. These standards include but are not 

limited to the following: 

7.10. PAC wdl make every effort to provide a secure facility to store all recordings for 

the brief time they are here. However, PAC cannot be responsible for the loss of 

the contents of any recorded meda. If it is determined that a recording has been 

lost or damaged through PAC error, PAC will reimburse a Producer or User for 

the cost of normal consumer-grade replacement tape or dsc stock only. It is 

strongly recommended that dubs (copies) of programs be submitted for 

cablecast, and that the edited masters be carefully stored elsewhere by their 

owners. 

7.11. It is the responsibility of the User or Sponsor of a program to deliver the 

recording to PAC and to make arrangements to pick it up after its final 

Page 13 of 20

cablecast. PAC will assume no delivery costs. Persons wishing to have their 

recording(s) returned by mail must include a self-addressed stamped envelope 

or envelopes with the submitted recorhng(s). 

7.12. The PAC Staff will notify Users or Producers whose recording(s) have not been 

picked up in a timely fashion. PAC reserves the right to dispose of any recorhng 

30 days after the User or Producer has been requested to pick it up. 


Public Access Meha Services Manager and all programming must be approved 

by the Public Access Media Services Manager. 

8. PROGRAM CONTENT 

8.1. The PAC has designed its policies and facilities so as to encourage high-quality, 

creative community programming. 

8.2. A Producer, or User shall indemnify and agree to hold harmless the PAC, the 

City of Laredo, the local cable company or companies, and their officers and 

employees against any and all liability arising out of such use of the Public 

Access Channel or PEG Facilities and Equipment, or out of any breach of the 

Access Program Contract, Application for Cablecast, and/or Statement of 

Compliance. This indemnification shall not be an admission of liabhty nor shall 

it be for the benefit of third parties. 

8.3. Although it is not the intention of the PAC to judge community program 

quality, the following policies have been established based on certain legal and 

local considerations. 

8.4. Public access programming must not contain: 

8.4.1. Obscene matter, or the use of language which is obscene. 

8.4.2. The direct or indirect presentation of lottery information. 

8.4.3. Advertising, whether in the form of a confined "commercial" or 

dispersed throughout a program. 

8.4.4. Any direct solicitation of funds. 

8.4.5. Material whch constitutes libel, slander, invasion of privacy or 

publicity rights, unfair competition, violation of trademark or 

copyright, or incitement to riot, or which violates laws regarding 

homeland security, public nudity, or any other local, state or federal 

law. A sponsor or user that engages is any unlawful activity, including 

without limitation slander, libel, incitement to riot, and violation of 

laws regarding homeland security or public nudity, may be subject to 

prosecution. The authorization of a given User to use the channel and 

Page 14 of 20

the cablecast of the programming do not constitute a representation 

that the use is lawful, or that the City has reviewed the content of the 

programming.. 

8.4.6. Materials which require rights held by broadcast stations, networks, 

sponsors, music licensing organizations, performers, representatives, 

copyright holders or other persons for cablecast, unless the Producer 

presents written authorization for the use of any such materials. 

8.5. To preserve the non-commercial character of the Public Access Channel, 

Funding Sponsors may be acknowledged on the air no more than once during a 

program, either at the beginning or end. 

8.5.1. An acknowledgement may consist only of a neutral, non-promotional 

identification of the Funding Sponsors (for example, "Funding for 

this program was provided by ") . 

8.5.2. Such acknowledgements may be made audibly andlor visually. If the 

acknowledgement is visual, donors must be identified by name only, 

shown on the screen only in plain block letters for no longer than 15 

seconds at the bottom of the screen in type not to exceed one inch in 

height. 

8.6. Submission of programming violating the program content rules defined herein 

may result in the suspension or forfeiture of privileges of using the Public Access 

Channel and PEG Facilities and Equipment. 

8.7, The Public Access Media Services Manager may impose suspension or forfeiture 

of privileges as referred to in Sections 8.6 and 11.1 as follows: 

8.7.1. 1st violation: 30 day suspension, 

8.7.2. 2nd violation : 90 day suspension, 

8.7.3. 3rd violation : 1 year suspension. 

8.7.4. Continued violation of these policies by any User or Producer may 

result in a permanent forfeiture of the privilege of using PAC facilities. 

9. COMMUNITY BULLETIN BOARDS 

9.1. The community bulletin board is available for public service announcements 

(PSA's), non-commercial messages. 

9.2. Procedures 

Page 15 of 20

9.2.1. Announcement submissions forms are available the Public Access 

Studios. Completed forms may be mailed, faxed or delivered to PAC. 

9.2.2. Announcements should be received by noon Wednesday of the week 

prior to scheduled bulletin board to be cablecast. 

9.2.3. The person submitting an announcement must provide their name, 

phone number and the name of the organization they represent. 

9.3. Content Requirements 

9.3.1. The announcement text should include: who, what, where, when and 

"For more information contact [name] and [phone number]. 

9.3.2. In cases where a phone number and address of any individual or 

organization is used, written permission for such use must be given by 

the individual or organization being named in the PSA. 

9.3.3. Announcements must have a start date and stop date. 

9.3.4. Announcements may not include ticket prices but may state "For ticket 

information, call [phone number] ." 

10. COMMERCIAL USE OF PROGRAMMING AND ACCESS CENTER EQUIPMENT 

10.1. The PEG Facilities and Equipment are primarily for the use of public Producers 

and City of Laredo staff members. They may also, however, be used by 

commercial entities as provided in this section 10. 

10.1.1. Commercial Producers using PEG Facilities and Equipment must 

provide their own staffs, who must first be certified by the PAC for the 

use of the PEG Facilities and Equipment they wish to use. 

10.1.2. At least 72 hours' notice is required for commercial use of PEG 

Facilities and Equipment. 

10.2. PAC Studio. 

10.2.1. Commercial Producers may reserve the PAC Studio for the fees 

described in Section 10.5 below after Regular Business Hours or at 

any time the studio is not in use by non-commercial Producers. 

10.2.2. A PAC staff member must be present during studio use. 

10.3. Portable Video Equipment. Portable Video Equipment may be reserved by 

commercial Producers only on weekends and only when equipment has not 

Page 16 of 20

een reserved by non-commercial Producers. Commercial Producers shall pay 

the fees described in Section 10.5.1.2. 

10.4. Post-Production Equipment. Commercial Producers may reserve Postproduction 

Equipment as described in Section 6.3.3. only outside Regular 

Business Hours or at: any time the equipment is not in use by non-commercial 

Producers. Commercial Producers shall pay the fees described in Section 10.5. 

10.5. Fees for Commercial Use 

10.5.1. Studio Facilities: Commercial Producers of the PAC Studio 

facilities shall pay: 

For use during Regular Business Hours: $225.00 per threehour 

period or portion thereof. 

For use after Regular Business Hours or on weekends: 

$375.00 per three-hour period plus $50.00/hour for Staff 

supervision. 

10.5.2. For PAC portable camera equipment : Commercial Producers 

shall pay the PAC the following: 

$75.00 per hour up to three hours 

$225.00 for more than three and up to twelve hours 

$450.00 for more than twelve and up to 24 hours 

10.5.3. VHS Camcorder. Commercial Producers shall pay the PAC 

$100.00.00 per day for use of a PAC VHS Camcorder. 

10.5.4. Post-Production Equipment: Commercial Users of PAC Editing 

Equipment (Suite A) shall pay the PAC the following: 

$75.00 for up to three hours 

$225.00 for more that three and up to twelve hours 

$450.00 for more than twelve and up to 24 hours 

11. ENFORCEMENT 

11.1. Denial Of Services 

Page 17 of 20

1 1.1.1. The PAC staff may deny the use of its facilities and services to 

individuals who interfere with the orderly conduct of public access 

programming as outlined in this handbook. 

1 1.1.2. Anyone who appears to be under the influence of alcohol or drugs will 

be denied service. 

11.1.3. Failure to abide by the rules and procedures herein stated will cause a 

violator to be placed on suspension for 30 days. Subsequent 

suspensions are for 90 days and one year. Continued violation of these 

policies by any User or Producer may result in a permanent forfeiture 

of the privilege of using PAC facilities. 

11.1 -4. Making false or misleading statements in the Application for 

Cablecast, Statement of Compliance, or Access Program Contract are 

grounds for forfeiture of the right to use PEG Facilities, Equipment 

and Public Access Channels. 

1 1.1.5. Programming that violates these rules and procedures may result in 

forfeiture of privileges of using the PEG Facilities, Equipment and 

Public Access Channels 

1 1.1.6. Users falsely representing themselves as employees of the PAC or the 

City of Laredo will forfeiture the right to use PEG Facilities, 

Equipment and Public Access Channels.. 

1 1.1.7. The Pubic Access Media Services Manager may deny the use of PEG 

Facilities and Equipment, by suspension or forfeiture, to anyone who 

has, in the experience of the PAC staff, misused the equipment, failed 

to return it on time, or in any other way abused the privileges of using 

PEG Facilities and Equipment. 

11.2. Resolution Of Disputes and Appeal 

11.2.1. The provisions of this Section 11.2 shall apply to disputes or 

disagreements between, or negative action taken against, a potential 

or actual User or Producer (hereinafter referred to as "Aggrieved 

Party") by PAC Staff. 

To initiate an appeal, an Aggrieved Party must, within 5 working 

days of the date of the dispute or action, submit a request, in writing 

(hereinafter "Appeals Letter"), to the Information Services and 

Telecommunications Director which said Appeals Letter sets out the 

incident or action complained of, the action desired by the Aggrieved 

Party and requesting a meeting with the Information Services and 

Telecommunications Director to discuss the dispute, incident, or 

action taken. 

Page 18 of 20

11.2.3. The Information Services and Telecommunications Director shall 

schedule and meet with the Aggrieved Party within 10 business days 

of the receipt of the Appeals Letter and notify the aggrieved party by 

letter of the meeting date. 

1 1.2.4. The Information Services and Telecommunications Director shall meet 

with the Aggrieved Party and address the complaint. Within five 

business days of the meeting the Information Services and 

Telecommunications Director shall issue the Aggrieved Party a written 

response (hereinafter " Director's Determination") to the complaint 

along with his findings and any action being taken against the 

Aggrieved Party. In the event the Aggrieved Party fails to attend the 

meeting hisker appeal shall be deemed to have been withdrawn unless 

a continuance or re-scheduling has been requested in writing at least 

twenty-four hours in advance by the Aggrieved Party. 

If the decision of the Information Services and Telecommunications 

Director is unacceptable to the aggrieved party helshe may appeal to 

Laredo Telecommunications Advisory Committee provided that the 

request to appeal is received within five business days of receipt of the 

Director's Determination. The appeal will be heard at the next regular 

board meeting unless it cannot be submitted in time to get onto the 

agenda in which case the appeal will be heard at the following 

meeting. 

11.2.6. At the meeting, the aggrieved party and the Public Access Media 

Services Manager will present their positions regarding the matter. 

11.2.7. Based on the presentations made by the parties, the Advisory 

Committee will make a recommendation to the City Manager. 

11.2.8. If the City Manager does not concur with the recommendation of the 

Laredo Telecommunications Advisory Committee, the matter may 

then be presented to the City Council for its consideration and action. 

12. PUBLIC RECORDS 

12.1. A complete record of names and addresses of all persons, groups, organizations, 

or entities requesting time on the Public Access Channel shall be maintained at 

the PAC Studio. Such records wdl be placed in an inspection file as soon as 

practical after a request is received, and wdl be available for public inspection 

during Regular Business Hours at the PAC Studio. 

12.2. Persons requesting public inspection shall do so in the manner prescribed by the 

Texas Public Information Act. 

Page 19 of 20

12.3. All records required herein, including Applications for Cablecast and 

Statements of Compliance for programming aired on the Public Access Channel, 

shall be maintained for the period required by State law. 

12.4. All public records at PAC are subject to the Public Information Act. 

Page 20 of 20


DATE: 

SUBJECT: AN ORDINANCE 

03-16-09 

REPEALING CITY OF LAREDO CODE OF ORDIANCES CHAPTER 7.5-1 

THROUGH 7.5-26 WHICH ESTABLISHED THE LAREDO CABLE 

COMMISSION AND ITS AUTHORITY. 

INITIATED BY: 


STAFF SOURCE: 



None. 

BACKGROUND: 

On September 4, 1984 the City Council adopted Ordinance No. 84-0-130 establishing the Laredo Cable 

Commission with duties related to Cable Franchise Administration and Public Access Channels. The 

general authority of the commission included the authority to accept funds from any source, to conduct 

inquiries, surveys, and investigations; to receive testimony of witnesses; hold public hearings, and the like 

pertaining to the operations of a cable television system in the city as may be required for the conduct of its 

business and the discharge of the duties assigned to it; and administration of the access channels. 

On August 19, 1996, the City Council adopted Ordinance No. 96-0-125 granting a franchise to KBL 

Cablesystems of the Southwest, Inc. to construct and operate a cable television system and setting for the 

terms and conditions thereof. The Laredo Cable Television System Franchise Ordinance of 1982, as it is 

known, attempted to change the name of the Laredo Cable Commission to Laredo Telecommunications 

Committee. 

On January 2001 the City Council, by motion, adopted the "Priority Procedures for the Mayor and City 

Council1' (revised August 2005) and designated the Telecommunications Advisory Committee a standing 

committee created whose members are appointed by the Mayor and Council Members. 

On September 5, 2005 Texas Governor Rick Perry signed Senate Bill 5 into law, thereby designating the 

Public Utilities Commission (PUC) franchising authority for a state-issued franchise for the provision of 

cable service or video service. Since the duties of the Laredo Cable Commission, as they related to 

franchises were diminished by the SB 5, the commissioners determined that the commission was no longer 

empowered to perform many of duties set forth in Ordinance No. 84-0-130. The Laredo 

Telecommunications Commission similarly continued to meet and similarly fell into a period of dormancy. 

The confusion that exists between the Cable Commission and the Laredo Telecommunications Commission 

is being resolved by abolishing the Laredo Cable Commission and re-activating and amending the charge 

to the Telecommunications Advisory Commission (as it was so designated by the Priority Procedures for 

the Mayor and City Council"). 

On February 17, 2009, the City Council voted unanimously to re-activate the Telecommunications Advisory 

Committee and createlamend a new charge to address issues of public access, consumer advocacy, and 

community telecommunication needs. 


None. 




AN ORDINANCE NO. 

REPEALING CITY OF LAREDO CODE OF ORDIANCES 

CHAPTER 7.5-1 THROUGH 7.5-26 WHICH ESTABLISHED THE 

LAREDO CABLE COMMISSION AND ITS AUTHORITY. 

WHEREAS, on September 4, 1984 the City Council adopted Ordinance 

No. 84-0-130 establishing the Laredo Cable Commission with duties related to 

Cable Franchise Administration and Public Access Channels. The general 

authority of the commission included the authority to accept funds from any 

source, to conduct inquiries, surveys, and investigations; to receive testimony of 

witnesses; hold public hearings, and the like pertaining to the operations of a 

cable television system in the city as may be required for the conduct of its 

business and the discharge of the duties assigned to it; and administration of the 

access channels; and 

WHEREAS, on September 4, 1984 the City Council adopted Ordinance 

No. 84-0-130 establishing the Laredo Cable Commission with duties related to 

Cable Franchise Administration and Public Access Channels. The general 

authority of the commission included the authority to accept funds from any 

source, to conduct inquiries, surveys, and investigations; to receive testimony of 

witnesses; hold public hearings, and the like pertaining to the operations of a 

cable television system in the city as may be required for the conduct of its 

business and the discharge of the duties assigned to it; and administration of the 

access channels; and 

WHEREAS, on April 3, 1995, the City Council passed Ordinance No. 95- 

0-68 (being codified as Section 7.5-1 through 7.5-15 of Chapter 7.5 Laredo Code 

of Ordinances) which dealt with cable television rate regulation; and 

WHEREAS, on August 19, 1996, the City Council adopted Ordinance No. 

96-0-125 granting a franchise to KBL Cablesystems of the Southwest, Inc. to 

construct and operate a cable television system and setting for the terms and 

conditions thereof. The Laredo Cable Television System Franchise Ordinance of 

1982, as it is known, attempted to change the name of the Laredo Cable 

Commission to Laredo Telecommunications Committee; and 

WHEREAS, on January 2001 the City Council, by motion, adopted the 

"Priority Procedures for the Mayor and City Council" (revised August 2005) and 

designated the Telecommunications Advisory Committee a standing committee 

created whose members are appointed by the Mayor and Council Members; and. 

WHEREAS, on September 5, 2005 Texas Governor Rick Perry signed 

Senate Bill 5 into law, thereby designating the Public Utilities Commission (PUC) 

franchising authority for a state-issued franchise for the provision of cable service 

or video service. Since the duties of the Laredo Cable Commission, as they

elated to franchises were diminished by the SB 5, the commissioners 

determined that the commission was no longer empowered to perform many of 

duties set forth in Ordinance No. 84-0-130. The Laredo Telecommunications 

Commission similarly continued to meet and similarly fell into a period of 

dormancy; and 

WHEREAS, on February 17, 2009, the City Council voted unanimously to 

re-activate the Telecommunications Advisory Committee and createlamend a 

new charge to address issues of public access, consumer advocacy, and 


NOW THEREFORE BE IT ORDAINED BY THE ClTY COUNCIL OF THE 

ClTY OF LAREDO THAT: 

Section 1: City of Laredo Code of Ordinances Chapter 7.5, Section 7.5-1 

through 7.5-26 inclusive, which established The Laredo Cable 

Commission and its authority, be and hereby is repealed effective 

upon passage of this ordinance. 

Section 2: 

Section 5: 

It finds, determines, recites and declares that sufficient written 

notice of the date, hour, place and subject of this meeting of the city 

Council was posted at a place convenient to the public at the city 

hall of the City of Laredo for the time required by law preceding this 

meeting, as required by the Texas Open Meetings Act, and that this 

meeting has been open to the public as required by law at all times 

during which this ordinance and the subject matter was considered. 

This Ordinance shall take effect immediately from and after its 

passage. 


ON THIS THE - DAY OF ,2009. 

ATTEST: 



ClTY SECRETARY


Raul Casso, City Attorney


DATE SUBJECT: FINAL READING ORDINANCE NO. 2009-0-035 

APPROVING THE GRANT OF AN EASEMENT FOR TEN YEARS TO THE 

311612009 

UNITED STATES OF AMERICA, BY AND THROUGH THE U.S. ARMY CORPS 

OF ENGINEERS, OVER 25.53 ACRES OF CITY PROPERTY ALONG THE RIO 

GRANDE RIVER BEND FOR THE PURPOSE OF CARRYING OUT THE 

CARRIZO CANE ERADICATION PROJECT OF THE LAREDO SECTOR OF U.S. 

BORDER PATROL; AND AUTHORIZING THE CITY MANAGER TO EXECUTE 

THE EASEMENT IN THE FORM AND CONTENT ATTACHED AS EXHIBIT 1, OF 

WHICH EXHIBIT A OF THE EASEMENT SETS FORTH THE DESCRIPTION OF 

THE 25.53 ACRES, AND TO EXECUTE A WAIVER OF APPRAISAL IN THE 

FORM AND CONTENT ATTACHED AS EXHIBIT 2. 

INITIATED BY: 

STAFF SOURCE: 


Ronnie Acosta 


CD Director 


This ordinance was introduced on February 17,2009, by City Council. 

BACKGROUND: 

The U.S. Border Patrol has requested an easement from the City to allow and enable the U.S. Army Corps 

of Engineers to go upon 25.53 acres of city land for a period of ten years in order to eradicate Carrizo cane 

from the river bank area as part of the Carrizo Cane Eradication Project of the Laredo Sector of U.S. Border 

Patrol. 

By granting the easement, the City will authorize the federal government, by and through the U.S. Army 

Corps of Engineers, to conduct Carrizo cane eradication procedure on said 25.53 acres of city land on the 

terms and conditions as set forth in the easement document which is Exhibit 1 of the ordinance 

The purpose of this easement is to enhance the ability of the U.S. Border Patrol in that part of the city where 

the 25.53 acres is located, to reduce illegal cross border activity, to facilitate migrant rescues on the river, and 

to aid to federal agents who may be in distress on the river or its abutting land environs, by eradicating the 

Carrizo Cane the growth and density of which impedes both easy movement and visibility. 


.None. 


n/a 

STARF RECOMMENDATION: 

Staff recommends passage of this ordinance.

ORDINANCE NO. 2008-0-035 

APPROVING THE GRANT OF AN EASEMENT FOR TEN YEARS TO THE 

UNITED STATES OF AMERICA, BY AND THROUGH U.S. CUSTOMS AND 

BORDER PROTECTION OVER 25.53 ACRES OF CITY PROPERTY ALONG 

THE RIO GRANDE RIVER BEND FOR THE PURPOSE OF CARRYING OUT 

THE CARRIZO CANE ERADICATION PROJECT OF THE LAREDO SECTOR 

OF U.S. BORDER PATROL; AND AUTHORIZING THE CITY MANAGER TO 

EXECUTE THE EASEMENT IN THE FORM AND CONTENT ATTACHED AS 

EXHIBIT 1, OF WHICH EXHIBIT A OF THE EASEMENT SETS FORTH THE 

DESCRIPTION OF THE 25.53 ACRES; AND AUTHORIZING THE CITY 

MANAGER TO SIGN A WAIVER OF APPRAISAL IN THE FORM ATTACHED 

AS EXHIBIT 2. 

WHEREAS, the U.S. Border Patrol has requested the City of Laredo to grant an 

easement for a period of ten years in order to enable the Army Corps of Engineers to go upon 

25.53 acres of city land in order to eradicate Carrizo Cane from that river bank area, as part of the 

Carrizo Cane Eradication Project of the Laredo Section of the U.S. Border Patrol; and 

WHEREAS, the form of such easement is attached to this ordinance as Exhibit 1, 

and the 25.53 acres of city land is described in Exhibit A of that easement; and 

WHEREAS, the grantee of the lease has asked the city to sign a waiver of appraisal 

Of the monetary value of the easement; 

WHEREAS, the purpose of this easement is to enhance the ability of the U.S. Border 

Patrol to reduce illegal cross border activity at that part of the river bank, to facilitate migrant 

rescues in the river, and to aid federal agents who may be in distress on the river or its abutting 

land environs. 


LAREDO THAT: 

Section 1 : It approves of the easement being granted to the United States of America in the form 

and content that is Exhibit 1 attached to this ordinance, relating to the 25.53 acres of city land which 

is described in Exhibit A of the easement, and this for a period of ten years; and

Section 2: It authorizes the City Manager to execute the easement to the United States of America 

in the form and content that is Exhibit 1 attached hereto, relating to the 25.53 acres of city land 

which is described in Exhibit A of the easement. 

Section 3: It authorizes the City Manager to execute a waiver of appraisal in the form attached as 

Exhibit 2. 



ATTESTED: 


MAYOR 




RAUL CASSO 

CITY ATTORNEY 

- 

~0t~Ly-b 

B . 

Anthony C. McGettrick 

Assistant City Attorney

EASEMENT FOR CARRIZO CANE ERADICATION 

THE STATE OF TEXAS 

COUNTY OF WEBB 

KNOW ALL MEN BY THESE PRESENTS 

The CITY OF LAREDO, a municipal corporation and political subdivision of the State of 

Texas, hereinafter referred to as "Grantory', for and in consideration of the sum of Ten Dollars 

($10.00) cash, and other good and valuable consideration, in hand paid by the Grantee herein 

named, the receipt of which is hereby fully acknowledged and confessed, has GRANTED, 

CONVEYED AND DEDICATED and by these presents does hereby GRANT, CONVEY and 

DEDICATE unto the UNITED STATES OF AMERICA, its agents, contractors, successors and 

assigns, hereinafter referred to as "the Grantee" an easement and right-of-way for the purpose of 

Carrizo Cane eradication [as more fully set forth, below], in, on, over and across the following 

described land for a term of 10 years: 

A tract of land containing 25.53 acres, more or less, being part of the City of 

Laredo, Webb County, Texas, and which is described by metes and bounds in 

Exhibit A attached hereto and which is shown on the survey attached hereto as 

Exhibit B. [hereinafter referred to as "the Property"] 

Section A. This easement is made and accepted subject to any and all validly existing 

encumbrances, easements, mineral leases, conditions and restrictions, relating to the property as 

now reflected in the Official Property Records, of Webb County, Texas. 

Section B. This easement is also made and accepted subject to the Grantor's right to use the 

property for any and all municipal purposes which are compatible with and do not conflict with 

the purpose of the easement which is solely for Carrizo cane eradication on the property, and 

this includes the right of Grantor to make improvements on any part of the property which would 

obviate the necessity for Carrizo cane eradication in any such part of the property. 

Section C. Furthermore this easement is made and accepted subject to the following terms and 

conditions: 

1. Grantee shall use the property for the following purposes only: 

to conduct Carrizo Cane (Arundo donax) removal operations along the banks of the Rio 

Grande River, including the following: the right to survey the site; trim, cut, fell, spray with 

herbicides, remove and dispose of any and all Carrizo Cane; the right to place stone, riprap and 

other materials for the protection of the bank against erosion; the right to revegetate and 

maintain native vegetation plantings; and the right to establish temporary construction staging 

areas and access roads in support of the clearing and revegetation operations. Incidental damage 

to non-target trees, brush, obstacles or other vegetation will be minimized, but is possible in 

association with Carrizo Cane removal and site access activities. Habitat loss will be mitigated - 

EXHIBIT

in compliance with U.S. Fish and Wildlife Service (USFWS) requirements and the applicable 

City of Laredo green space ordinance regarding tree removal and replacement. After the initial 

eradication of the Carrizo Cane, any equipment or materials used by Grantee on the property, 

shall be used, consonant with the eradication of the Carrizo Cane, in a manner that will minimize 

adverse effects on the property's appearance and condition. Grantee shall maintain the property 

in the manner required by the USFWS requirements and City of Laredo green space ordinance 

regarding tree removal and replacement. 

2. In no event, shall grantee, construct or install any kind of fence or wall on or through the 

property 

3. Grantee agrees to conduct the activities described in paragraph 1, supra, in compliance with 

all applicable City of Laredo, Webb County, State of Texas, andlor federal police, traffic, 

building, health and safety ordinances, laws and regulations, now or hereafter existing while this 

agreement is in effect, except that none of the foregoing shall be construed as a waiver of the 

federal government's sovereign immunity under the Supremacy Clause of the U.S. Constitution. 

4. All tools and equipment, taken upon or placed upon the land by the Grantee shall remain the 

property of the Grantee which shall remove them from the property upon expiration of this 

easement. Mitigation measures installed by Grantee on the easement as described in paragraph 1, 

supra, shall remain the property of Grantor after expiration of the easement. 

5. If aircraft flights over the property, or entry upon the property by helicopter or other type of 

aircraft is deemed necessary by Grantee, the Grantee must first notify the Grantor of each such 

flight or entry, before it is scheduled to occur. 

6. If any action of the Grantee, its employees or agents in its operations under this easement 

results in damage to the property, the Grantee will, at its option, either repair such damage or 

make an appropriate settlement with the Grantor. "Damage to the property" in this instance does 

not refer to vegetation removal or permanent placement of riprap, as described in paragraph 1, 

above. The Grantee's liability [Grantee being the federal government] may not exceed 

appropriations available for such payment and nothing contained in this agreement may be 

considered as implying that Congress will at a later date appropriate funds sufficient to meet 

deficiencies. The provisions of this clause are without prejudice to any rights the Grantor may 

have to make a claim under the Federal Tort Claims Act, (28 U.S.C. $5 2671 et seq.) or any other 

applicable laws for any other damages than provided herein.

NOTICES 

Any notices required by, or necessitated by the exigencies of, this easement, shall be made by 

certified mail andlor fax, as follows: 

TO GRANTOR: City of Laredo 

Attention: Carlos Villarreal 

City Manager 

1 1 10 Houston 

Laredo, Texas 78040 

Tel No. 956.791.7302 

Fax No. 956.791.7498 

& 

Attention: Riazul Mia, 

Director of Environmental Services 

6 19 Reynolds 


Tel No. 956.794.1650 

Fax No. 956.727.7944 

TO GRANTEE: U.S. Customs and Border Protection 

ATTN: Chief Patrol Agent 

207 West Del mar Boulevard 


Street address: [please enter] 

Fort Worth, Texas 761 02-300 

Tel No. (956)764-3203 

Fax No. (956)764-3244 

United Staes Army Corps of Engineers 

ATTN: Robert Hardbarger 

81 9 Taylor Street, Room 3BlO 

Fort Worth, Texas 76102 

Tel. No. (817) 886-1646 

FaxNo. (817) 886-6404 

TO HAVE AND TO HOLD the same for a term of ten (10) years from date, to Grantee, 

together with the right and privilege, at any and all times, to enter the property, or any part 

thereof, for the purpose set forth, above; PROVIDED, HOWEVER, there is reserved to Grantor, 

its officer, employees, agents and representatives, the right to use the property as provided in 

Section B, above, and PROVIDED FURTHER, that this easement and the use for which it is 

granted, is subject to the terms and conditions set forth under Section C, paramaphs 1-6, 

inclusive, above.

EXECUTED this - day of ,2009. 


By: 


City Manager 

ACCEPTED BY THE UNITED STATES OF AMERICA 

By: 

Gregory Giddens 

Executive Director 

Facilities Management and Engineering 

U.S. Customs and Border Protection 

13 3 1 Pennsylvania Avenue, NW 

Suite 950 

Washington, D.C. 20229 

STATE OF TEXAS 


This instrument was acknowledged before me on the - day of ,2009 

by Carlos Villarrreal, City Manager of the City of Laredo, a municipal corporation, on 

behalf of said municipal corporation. 

Notary Public, State of Texas 

Ref: Carrrizo Cane easement.2-05-2009: final form

WAIVER 

Date: March, 2009 

Owner: 

City of Laredo, Texas 

Property: (Described on Exhibit A, Easement Grant, attached hereto for all purposes) 

The City of Laredo has agreed to donate a 10-year easement to the United States of 

America for Carrizo Cane eradication and mitigation. During negotiationvwith the City of 

Laredo, it was fully advised of the right to have the property appraised, at the expense of the 

United States, and to receive just compensation for the property based upon the appraisal. 

For valuable consideration, the City of Laredo waives all rights to an appraisal of the 

property and to receive just compensation for the easement, copy of which easement is attached 

as Exhibit A. 

This waiver is binding upon the City of Laredo, its officers, employees, agents, 

successors, and assigns. 

Signed on the - day of March, 2009 

City of Laredo, Texas, a municipal corporation 

BY 


City Manager 



This instrument was acknowledged before me on - day of March, 2009, by 

Carlos Villarreal, City Manager of the City of Laredo, a home rule city and political 

subdivision of the State of Texas, on behalf of said home rule city. 

s- 

Notary Public, State of Texas

FIELD NOTES FOR A 25.53(f) ACRE 

VARIABLE WIDTH CLEARING & GRUBBING EASEMENT 

Being a variable width clearing and grubbing easement containing approximately 25.53 acres of land lying in the City of 

Laredo, Webb County, Texas and Wing part of: 

Block Six Hundred Eighty (680), City of Laredo, Volume 13 18, Page 170, 

Block Six Hundred Thirteen (6 13), Notice of Lis pendens, Volume 145 8, Page 194, 

Block Six Hundred Fourteen (614), Notice of Lis pendens, Volume 1458, Page 194, 

Block Six Hundred Fifteen (615), Notice of Lis pendens, Volume 1458, Page 194, 

Block Six Hundred Twenty Nine (629), City of Laredo, Volume 1212, Page 313, 

Block Six Hundred Thirty (6301, City of Laredo, Volume 12 12, Page 3 13, 

Block Six Hundred Fifty Nine (659), City of Lmdo, Volume 12 12, Page 3 13, 

Block Six Hundred Seventy One (671), City of Laredo, Volume 12 12, Page 3 13, 

Block Six Hundred Seventy Two (672), City of Laredo, Volume 12 12, Page 3 13, 

Block Sur Hundred Seventy Five (675), City of Laredo, Volume 1212, Page 313, 

Block Six Hundred Seventy Six (676), City of Laredo, Volume 12 12, Page 3 13, 

Block Six Hundred Seventy Seven (677), City of Laredo, Volume 1212, Page 3 13, 

Block Six Hundred Seventy Nine (679), City of Laredo, Volume 1237, Page 867, 

Block Seven Hundred Eight (708), City of Laredo, Volume 128, Page 835, 

Block Seven Hundred Eight "B" (708B), City of Laredo, Volume 128, Page 835, 

Block Seven Hundred Twenty Four (724), City of Laredo, Volume 644, Page 774, 

Los Dos Laredos Park, City of Latedo, Volume "A", Page 48 & Volume 13, Page 279, 

All being shown on the Subdivision of the City of Laredo, Western Division, recorded in Plat Book Volume 7, Binder 15, 

Pages 8 1,91, and 92, City Engineer's Office; and also being parts of dedicated rights-of-way of Santa Clotilde Avenue, Santa 

Rita Avenue, Vidaurri Avenue, Eagle Pass Avenue, Evans Avenue, Columbus Street, Headen Avenue, Wilhelm Avenue, 

Atlee Avenue, Gilbert Avenue, Mowry Avenue, San Marcos Avenue, Morales Avenue, San Paticio Avenue, San Antonio 

Street, Soledad Street, Piedregal Street, Ventura Street, Water Street, Zaragom Street, and Grant Street, all being 

undeveloped rights-of-way shown on the Subdivision of the City of Latedo, Western Division, recorded in Plat Book 

Volume 7, Binder 15, Pages 81,91, and 92, City Engineer's Office, and being more particularly described by metes and 

bounds as follows: (Courses, distances, coordinates and areas cited herein and shown on the corresponding survey plats 

conform to the Texas Coordinate System, North American Datum 1983 (93), Texas South Zone.) (All comers and control 

points cited herein will be monurnented where practical with %" diameter steel stakes with plastic identification caps stamped 

"SMYTHiRFLS 2046" attached after completion of construction.) 

BEGINNING at the Southwest comer of the Laredo Municipal Junior College District property recorded in Volume 1 1, 

Page 769, Webb County Clerk's Office (S.P.C.: N=17073068.212', E=651368.845'); 

THENCE: S 77O 55' 50" E, along the South line of said Laredo Municipal Junior College District property for a distance of 

153.95 feet to the Northwest comer of a 40' Milim Road Easement (S.P.C.: N=17073036.021', E=651519.396'); 

THENCE SOUTHERLY AND EASTERLY along the western and southern lines of said Military Road Easement, the 

following courses; 

THENCE: S 54" 00' 32" W for a distance of 34.89 feet to the beginning of a curve to the left whose radius is 380.00 feet; 

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THENCE: Southwesterly with said curve containing a central angle of 63" 3 1' 08" with said curve deflecting continuousiy 

and uniformly to the left for an arc distance of 421.27 feet (Chord = S 22" 14' 58" W, 400.03 feet) to the point of tangency of 

said curve; 

1 TEfENCE: S 09O 30' 36" E for a distance of 639.79 feet to the beginning of a owe b the right whose radius is 2480.00 feet; 

TEENCE: Southeasterly with said curve containing a central angle of 10' 01' 42" deflecting continuously and uniformly to 

the right for an arc distance of 434.07 feet (Chord = S 04' 29' 45" E, 433.51 feet) to the point of tangency of said curve; 

[=I 

PAGE 1 OF 6 

EXHIBIT

P 

FIELD NOTES FOR A 25.53(*) ACRE 

VARIABLE WIDTH CLEARING & GRUBBING EASEMEEST 

THENCE: S 00°31' 06" W for a distance of 258.56 feet to the beginning of a curve to the left whose radius is 220.00 feet; 

THENCE: Southeasterly with said curve containing a central angle of 81" 20' 50" deflecting continuously and uniformly to 

the left for an arc distance of 3 12.35 feet (Chord = S 40" 09' 19" E, 286.77 feet) to the point of tangency of said curve; 

THENCE: S 80" 49' 44" E for a distance of 264.87 feet to the beginning of a curve to the right whose radius is 480.00 feet; 

THENCE: Southeasterly with said curve containing a central angle of 18" 29' 20" deflecting continuously and uniformly to 

the right for an arc distance of 154.89 feet (Chord = S 7 1" 35' 04" E, 154.22 feet) to the point of tangency of said curve; 

THENCE: S 62" 20' 24" E for a distance of 203.92 feet to the beginning of a curve to the left whose radius is 220.00 feet; 

THENCE: Southeasterly with said c we containing a central angle of 49" 50' 17" deflecting continuously and uniformly to 

the left for an arc distance of 191.36 feet (Chord = S 87O 15' 32" E, 185.39 feet) to the point of tangency of said curve; 

THENCE: N 67" 49' 19" E for a distance of 74.38 feet to the beginning of a curve to the right whose radius is 180.00 feet; 

THENCE: Northeasterly with said curve containing a central angle of 42O. 11 ' 05" deflecting continuously and uniformly to 

the right for an arc distance of 132.53 feet (Chord = N 88" 54' 52" E, 129.55 feet) to the point of tangency of said curve; 

THENCE: S 69" 59' 36" E for a distance of 266.23 feet to the beginning of a curve to the left whose radius is 245.00 feet 

(S.P.C.: N=17070849.357', E=652884.146'); 

THENCE: Northeasterly with said curve containing a central angle of 49" 07' 00" deflecting continuously and uniformly to 

the left for an arc distance of 210.03 feet (Chord = N 85" 26' 54" E, 203.65 feet) to the point of tangency of said curve; 

THENCE: N 60" 53' 24" E for a distance of 358.99 feet to the beginning of a curve to the right whose radius is 480.00 feet; 


the right for an arc distance of 255.40 feet (Chord = N 76" 07' 58" E, 252.40 feet) to the point of tangency of said curve; 

THENCE: S 88' 37' 27" E for a distance of 88.5 1 feet to the beginning of a curve to the left whose radius is 320.00 feet; 


the left for an an: distance of 100.22 feet (Chord = N 82" 24' 12" E, 99.81 feet) to the point of tangency of said curve; 

THENCE: N 73" 25' 52" E for a distance of 68.59 feet to an angle point; 

THENCE: S 16" 34' 08" E for a distance of 65.00 feet to sn angle point; 


THENCE: N 16" 34' 08" W for a distance of 65.00 feet to an angle point; 

THENCE: N 73" 25' 52" E for a distance of 132.73 feet to the beginning of a curve to the right whose radius is 580.00 feet; 1 


the right for an arc distance of 97.25 feet (Chord = N 78" 14' 05" E, 97.14 feet) to the point of tangency of said cwe and the 

beginning of a curve to the left whose radius is 420.00 feet; 

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THENCE: N 58' 52' 50" E for a distance of 148.49 feet to the beginning of a curve to the right whose radius is 480.00 feet; 

PAGE 2 OF 6 

I 

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FIELD NOTES FOR A 25.53(f) ACRE 

VARIABLE WIDTH. CLEARING & GRUBBING EASEMENT 


the right for an arc distance of 97.49 feet (Chord = N 64' 41' 57" E, 97.32 feet) to the point of tangency of said curve and the 

beginning of a curve to the left whose radius is 245.00 feet; 


the left for an arc distance of 185.79 feet (Chord =N 48O 47' 36" E, 181.37 feet) to the point of tangency of said curve 

(S.P.C.: N=17071498.366', E454686.962') and the beginning of a curve to the left whose radius is 326.22 feet, said point of 

tangency being on the south right-of-way line of San Francisco Xavier RoadIEagle Pass Avenue; 

I 

THENCE EASTERLY -along the south right-of-way of said San Francisco ~avi& ~oad/~a~le Pass Avenue, the following 

courses; 

THENCE: Southeasterly with said curve containing a central angle of 23' 36' 26" deflecting continuously and uniformly to 

the left for an arc distance of 134.4 1 feet (Chord = S 8 1 " 12' 59" E, 133.46 feet) to the point of tangency of said curve and the 

beginning of a curve to the left whose radius is 33 1.46 feet; 

THENCE: Northeasterly with said curve containing a central angle of 49" 45' 04" deflecting continuous[y and uniformly to 


THENCE: N 33" 45' 1 1" E for a distance of 3 14.06 feet to the beginning of a curve to the right whose radius is 50.00 feet; 


the right for an arc distance of 59.46 feet (Chord = N 67O 49' 22" E, 56.02 feet) to the point of tangency of said curve and the 

beginning of a curve to the left whose radius is 177.50 feet, said beginning of curve being on the south right-of-way line of 

River Road; 

THENCE EASTERLY along the south right-of-way of said River Road, the following courses; 

THENCE: Southeasterly with said curve containing a central angle of 1 lo 00' 25" deflecting continuously and uniformly to 

the left for an arc distance of 34.10 feet (Chord = S 83" 36' 40" E, 34.05 feet) to the point of tangency of said curve; 

THENCE: S 89" 06' 52" E for a distance of 393.16 feet to the beginning of a curve to the right whose radius is 147.50 feet; 

THENCE: Southeasterly with said curve containing a central angle of 06" 10' 13" deflecting continuously and 'hiformly to 

the right for an arc distance of 15.88 feet (Chord = N 86" 01' 46" E, 15.88 feet) to the point of tangency of said curve, said 

point of tangency being on the west line of Block 708B, City of Laredo (Volume 128, Page 835); 

THENCE: S 00" 15' 30" W, along the west line of said BIock 708B, a distance of 143.24 feet to an angle point; 

THENCE: N 90" 00' 00" E, departing said west line, a distance of 38.23 feet to the beginning of a curve to the left whose 

radius is 20.12 feet, said beginning of cwe being on the south edge of the concrete walking path of Los Dos Laredos Park, 

City of Latedo (Volume "A", Page 48 & Volume 13, Pages 279-281); 

THENCE EASTERLY along the meanders of said concrete walking path, the following courses; 

THENCE: Southeasterly with said curve containing a central angle of 71' 16' 58" deflecting continuously and uniformly to 

the left for an arc distance of 25.03 feet (Chord = S 30" 25' 1 I" E, 23.44 feet) to the point of tangency of said curve; 

THENCE: S 85" 27' 23" E for a distance of 11 0.57 feet to an angle point; 

THENCE: S 85" 07' 32" E for a distance of 46.83 feet to an angle point; 


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PAGE 3 OF 6


THENCE: S 68" 28' 02" E for a distance of 21 1.95 feet to an angle point; 

THENCE: S 89" 21' 49" E for a distance of 305.73 feet to an angle point; 

I 



THENCE: N 86" 32' 54" E for a distance of 160.74 feet to an angle point; 


THENCE: N 80" 16' 43" E for a distance of 83.22 feet to an angle point; 

I 




THENCE: N 76' 59' 18" E for a distance of 9.58 feet to an angle point; 








THENCE: N 65" 02' 47" E for a distance of 53.60 feet to the beginning of a curve to the left whose radius is 25.45 feet; 

THENCE: Northeasterly with said curve containing a central angle of 7 lo 43' 57" deflecting continuously and uniformly to 

the leR for an an: distance of 31.86 feet (Chord =N 30" 22' 32" E, 29.82 feet) to the point of tangency of said curve; 

THENCE: N 01" 13' 49" W for a distance of 73.25 feet to an angle point; 

THENCE: N 87" 59' 08" E, departing said meanders, for a distance of 5 1.78 feet to an angle point on the west right-of-way 

line of International Bridge No. 1; 

THENCE: S 02" 00' 52" E, along said west right-of-way, a distance of 102.10 feet to an angle point at the top bank of the 

Rio Grande River; 

THENCE WESTERLY along the meanders of the top bank of the Rio Grande River, the following courses; 

THENCE: S 63" 39' 57" W for a distance of 29.36 feet to an angle point; 


PAGE 4 OF 6 

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VARIABWE WIDTH CLEARING & GRUBBING EASEMENT 

THENCE: S 67" 53' 22" W for a distance of 1 18.84 feet to an angle point; 

.. . . 

TEENCE: S 76' 43' 19" W for a distance of 241.36 feet to an angle point; 

TEENCE: S 75" 30' 10" W for a distance of 132.00 feet to an angIe point; 


TBENCE: S 85" 18' 00" W for a distance of 120.46 feet to an angle point; 

THENCE: S 89" 28' 02" W for a distance of 11 9.49 feet to an angle point; 

TEENCE: N 77" 39' 03 " W for a distance of 109.17 feet to an angle point; 


THENCE: N 86' 34' 27" W for a distance of 1 16.24 feet to an angle point; 

THENCE: N 78' 24' 02" W for a distance of 135.68 feet to an angle point; 

THENCE: N 76" 44' 40" W for a distance of 160.99 feet to an angle point; 


TRENCE: N 83' 14' 27" W for a distance of 124.37 feet to an angle point; 

THENCE: N 87" 52' 13" W for a distance of 1 18.04 feet to an angle point; 


THENCE: S 80" 26' 08" W for a distance of 172.1 1 feet to an angle point; 

THENCE: S 77" 41' 01 " W for a distance of 105.02 feet to an angle point; 

THENCE: S 68' 38' 23" W for a distance of 127.75 feet to an angle point; 


TBENCE: S 61" 52' 25" W for a distance of 163.60 feet to an angle point; 

THENCE: S 50' 32' 51 " W for a distance of 34.38 feet to an angle point; 





1 THENCE: S 64" 40' 02" W for a distance of 205.90 feet to an angle point; 

i 

THENCE: S 62" 38' 33" W for a distance of 162.98 feet to an angle point; 

\ PAGE 5 OF 6


VARIABLE WIDTH CLEARING & GRUBBING EASEMENT 


THENCE: S 70° 04' 32" W for a distance of 71.04 feet to an angle point; 

THENCE: S 8 2O 1 1' 32" W for a distance of 139.69 feet to an angle point; 

THENCE: S 57" 52' 16" W for a distance of 166.67 feet to an angle point; 







THENCE: N 77" 59' 06" W for a distance of 167.98 feet to an angle point; 

THENCE: N 84' 20' 29" W for a distance of 298.48 feet to an angle point; 

THENCE: N 75" 17' 24" W for a distance of 1 12.08 feet to an angle point; 

THENCE: N 64O 13' 39" W for a distance of 519.72 feet to an angle point; 




THENCE: N 11 " 44' 20" E for a distance of 383.30 feet to an angle point; 

THENCE: N 04' 37' 30" E for a distance of 206.39 feet to an angle point; 

THENCE: N 10" 16' 25" E for a distance of 390.06 feet to an angle point; 


THENCE: S 77' 55' 50" E for a distance of 38.98 feet to the PLACE OF BEGINNING and containing 25.53 acres of 

land, more or less, within the herein described easement. 

THE STATE OF TEXAS: 

COUNTY OF WALDE: 

It is hereby certified that the foregoing field note description and attached plat were prepared fiom an actual on the ground 

survey made by personnel working under my direct supervision and that same are true and conect according to same said 

survey. 

Licensed State Land Surveyor-No. 2046 Project No. 08-3532 

PAGE 6 OF 6

CITY OF LARE~O 

VOL. 1212, PG. $13 

r 

- 

LlNE TABLE 

LINE BEARING LENGTH 

L10 S88'37'27"E 88.51' 

L11 N73'25'52"E 68.59' 

L12 S16'34'08"E 65.00' 

L13 N73'2SD52"E 50.00' 

L14 N16'34'08"W 65.00' 

L15 ~73'25'52"E 132.73' . 

L73 ~64'40'02" W 205.90' 

L74 S62'38'33"W 162.98' 

L75 S77'59'07"W 145.86' 

L76 ~70'04'32"W 71 -04' 

C77 S82'11'32"W 139.69' 

L78 ~57'52'16" W 1 166.67' 

L79 ~77'23'36"W 1 200.95' 

------I L---.J---I--,L--J L--_1-&- 

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$sol covlngton Cm# Drw4 strt20 

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VOL. "A", PG. 48 

VOL. 13, PG. 279 

WARNINO UNCIUTHaRIZED ALTERATION I1F CERTIFIED MATERIAL IS FORGERY, 

.. - 1022 GARNER FIUD RD. 

SUITE D 

UVALDE, TEXAS 78801 

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LOS DOS LAREDOS PARK 


VOL. "A", PG. 48 

VOL. 13, PG. 279 

(mmm) 

1 INCH =; 100 FT. 

UNE TABLE 

LINE BEARING ) LENGTH 

L34 N76'59'18"E 9.58' 

I-35 N85'49'23-E 8.80' 

L36 N84'26'24"E 23.44' 

- L37 N78'52'29"E 26.12' 

- L38 1 N71'03'38"E 57.24' 

L39 N67'05'19"E 1 45.91' , 

L40 N65'13*4lnE 34.30' 

L41 N65*07*37*E 1 48.38' . 

L42 N65.02'47"~ 1 53.60' 

- L43 N01'13'49"W 73.25' , 

, l-44 ~87'59'08"E 51.78' 

102.10' 

29.36' 

L45 S02'00'52"E 

L46 I S63'39'57"W 

, L47 I S6935'09"W 1146.72' 

, L48 1 S6753'22"W 1 118.84' 

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-5-3532

DATE: 

0311 6/09 

INITIATED BY: 

Cynthia Collazo, 



FINAL READING OF ORDINANCE NO. 2009-0-036 

Authorizing the City Manager to execute an easement to AEP Texas Central 

Company for routing electrical facilities to serve Jefferson Water Treatment 

Plant. The said easement containing 1,837.47 sq. ft. tract of land, being out of 

lots Number 1, 2, & 10, Block No. 736 Western Division, City of Laredo, Webb 

County, Texas and being described on attached Exhibit A. 


None 

BACKGROUND: 

STAFF SOURCE: 

Tomas Rodriguez, Utilities Director 

Ronnie Acosta, CD Director 

AEP Texas Central Company has requested that the City of Laredo grant an easement for the 

routing of electrical facilities at Jefferson Water Treatment Plant. 

The said easement consists of 1,837.47 sq. ft. out of a tract of land being out of lots numbers 

I, 2, & 10, Block No. 736, which will serve to provide electrical services for Jefferson Water 

Treatment Plant. 

That being the case, it is in the best interest of the City of Laredo to grant the abovereferenced 

easement to AEP Texas Central Company, as described on attached Exhibit A. 

FINANCIAL IMPACT: n/a 


N/A 


Staff recommends passage of this 

Ordinance.

ORDINANCE 2009-0-036 

AUTHORIZING THE ClTY MANAGER TO EXECUTE AN UTILITY 

EASEMENT TO AEP TEXAS CENTRAL COMPANY FOR THE 

ROUTING OF ELECTRICAL FACILITIES TO SERVE JEFFERSON 

WATER TREATMENT PLANT. THE SAID EASEMENT CONTAINING 

1,837.47 SQ. FT. TRACT OF LAND, BEING OUT OF LOTS NUMBER 1, 

2, & 10, BLOCK NO. 736 WESTERN DIVISION, ClTY OF LAREDO, 

WEBB COUNTY, TEXAS AND BEING DESCRIBED ON ATTACHED 

EXHIBIT A. 

WHEREAS, AEP Texas Central Company has requested that the City of Laredo 

grant an easement for the routing of electrical facilities at Jefferson Water Treatment 

Plant, and 

WHEREAS, the said easement consists of 1,837.47 sq. ft. out of a tract of land being 

out of lots numbers I, 2, & 10, Block No. 736, which will serve to provide electrical 

services for Jefferson Water Treatment Plant, and 

WHEREAS, That being the case, it is in the best interest of the City of 

Laredo to grant the above-referenced easement to AEP Texas Central Company, 

as described on attached Exhibit A. 

NOW, THEREFORE, BE IT ORDAINED BY THE ClTY COUNCIL OF THE 

CITY OF LAREDO THAT: 

A. It hereby authorizes the City Manager to execute all necessary 

documents to grant an easement to AEP Texas Central Company to 

route electrical facilities to serve Jefferson Water Treatment Plant. The 

said easement containing 1,837.47 sq. ft. tract of land, being out of lots 

Number 1, 2, & 10, Block No. 736 Western Division, City of Laredo, 

Webb County, Texas and being described on attached Exhibit A; 

B. This Ordinance shall become effective upon passage thereof. 


ON THIS DAY OF ,2009. 


MAYOR

ATTEST: 




RAU L CASSO 

ClTY ATTORNEY 

By: 

ANTHONY C. McGETTRlCK 


! 

740 W.D. 

-- 

-- GARDEN ST. 

55.56'rO.W.--" 

i 3 ' -- 

owner or ~Gii FIE 

& 740, western Division: 

City of Laredo, as per Deed 

recorded in Vol. 359, Pg. 331, 

Deed Records. Webb County, 

Cyclone 

>c 

wb 

20 

Texas. 02 

9 8 7 6 

I I AEP Easement Area , 

I 

I d 

1 % 

736 W.D. 

>c 

I 

Corn nencihg Po nt 

I 

i 

b 

m 

b 

4 

Point of Beginning 

I 

192.13'-WEST ; 

, r--733w 

Reference Monuments: 

PKNail on Jefferson St. O Anna Ave. 

PKNail on Jefferson St. Q Son lgnocio Ave. 

Basis for Bearinqs: 

The bearings for this survey were based 

by taking the east R.O.W. Line of Pinder 

Ave. os true North. 

I, Rogelio Rivero. Registered Professional Land 

Surveyor of the Stote of Texas do hereby certify that 

the foregoing is true and correct and was prepared 

from on actual survey on the ground and from 

record informotion mode under my supervision 

this 1st. day of-October 2008. 

Witness my hond and seal this 15th. day of October, 2008. 

LEGEND : 

POWER POLE 

TEL PEOESTAL 

- 

I 

I 

! 

SURVEY 

of 

e. 

i 

SCALE : 1" ;. 60' 

A 1,837.47 sq.ft. Tract of Land, 

Being the Lot Nos. 1, 2 & 10, 

Block No. 736, 

Western Division, 

City of Laredo, 

Webb County, Texas. 

- 

.... 

""9 I"* 

+=-.W~=-I. 

, 

DRAWN : 

CHECKED : 

BY : 

C. Chapa 

R. Ramirez 

DATE : 

10-07-08 

10-07-08


ENG INEERING DEPARTMENT 

REDO, m~P.5 

1755 

A 1,837.47 SQ.MT. TRACT OF LAND 

FOR AN AEP EASEMENT 

An AEP Easement containing 1,837.47 sq.A., being out of Lot Nos. 1, 2, & 10, Block No. 736, Western Division, City of 

Laredo, Webb County, Texas; said 1,837.47 sq-ft. tract of land being more particularly described by metes and bounds as 

folIows: 

COMMENCING at a point on the intersection of the north right-of-way line of Shea St. with the west right-of-way line of 

Pinder Ave.; also being this point the southeast corner of said Block No. 736, Western Division, as recorded in volume 7, 

page 15, of the Plat Records of Webb County, Texas; 

THENCE, WEST, along the north right-of-way line of Shea St., a distance of 192.13 feet to the POINT-OF-BEGINNING 

here02 

THENCE, N30°54'42"W, a distance of 166.74 feet to a point on the west boundary line of said Block No. 736, for an exterior 

corner and point of deflection to the left; 

THENCE, SOUTH, aIong the west boundary line of said Block No. 736, a distance of 23.36 feet for an exterior corner and 

point of deflection to the left; 

THENCE, S30°54'42"E, a distance of 139.51 feet to a point on the south boundary line of said Block No. 736, for an exterior 

corner and point of deflection to the left; 

'I'HBNCE, EAST, along the north right-of-way Iine of Shea St., a distance of 13.99 feet to the POINT-OF-BEGINNING of 

this tract of land, containing 1,837.47 sq.ft. in the City of Laredo, Webb County, Texas. 

I, ROGELIO RIVERA, a Registered Professional Land Surveyor, do hereby certify that the foregoing description is true 

and correct to my best knowledge and belief and was prepared from an actual survey on the ground and from office records 

available and made under my supervision on October lst., 2008. 

WITNESS MY HAND AND SEAL THIS &DAY OF OCTOBER, 2008.

DATE 

3-1 6-09 

INITIATED BY: 




SUBJECT: FINAL READING ORDINANCE 2009-0-037 

Authorizing the City Manager to grant a right-of-entry to the United States of America, 

General Services Administration (GSA), to a parcel of land consisting of approximately 

forty acres and located adjacent to the Columbia Solidarity Bridge Export Parking lot 

for the purpose of conducting boundary, utility and topographic surveys; appraisals, 

archeological investigations, subsoil boring and testing environmental audits, phase I 

and 2 environmental site assessments in anticipation of constructing a roadway to 

access the Columbia Solidarity Bridge lnspection Station. Said parcel of land is out of 

forty acres which was deeded to the City of Laredo by T. S. Scibienski and recorded in 

Volume 1448, Pages 101-102, Deed Records of Webb County, Texas. See Attached 

Exhibit "A, illustrating the property in reference and the Right of Entry from the GSA. 

Approved by the City Council Operations Committee. 

STAFF SOURCE: 

Keith Selman, Planning and Zoning Director 



On March 2, 2009, City Council introduced this ordinance. 

BACKGROUND: 

On January 7, 1991, City Council passed Ordinance 91-0-005 conveying title to the United States of 

America for a three acre tract out of the City's forty acre export lot for the construction of a dock and 

inspection facilities at the Columbia Solidarity Bridge. 

The United States of America, General Services Administration (GSA) has requested that the City of Laredo 

grant them a Right-of-Entry (ROE) for the survey and design for the potential construction of a road to 

access the Columbia Solidarity Bridge Border lnspection Station. The ROE is for the above-mentioned Cityowned 

property in order to conduct boundary, utility and topographic surveys; appraisals, archeological 

investigations, subsoil boring and testing, environmental audits, phase 1 and 2 environmental site 

assessments, which may include asbestos and lead paint sampling work. 

After completion of survey and design work, GSA intends to request an easement on the above mentioned 

property in order to construct a road for an entry into the Columbia Solidarity Bridge Border lnspection 

Station. The road is necessary to allow buses, trucks, and large vehicles the access to the Border 

lnspection Station for inspection. For site information please see attached Exhibit "A, illustrating the 

property in reference and the Right of Entry. 


NIA 


NIA 


Staff recommends passage of this Ordinance.

ORDINANCE 2009-0-037 

AUTHORIZING THE ClTY MANAGER TO GRANT A RIGHT-OF-ENTRY TO THE UNITED 

STATES OF AMERICA, GENERAL SERVICES ADMINISTRATION (GSA), TO A PARCEL OF 

LAND CONSISTING OF APPROXIMATELY FORTY ACRES AND LOCATED ADJACENT TO 

THE COLUMBIA SOLIDARITY BRIDGE EXPORT PARKING LOT FOR THE PURPOSE OF 

CONDUCTING BOUNDARY, UTILITY AND TOPOGRAPHIC SURVEYS; APPRAISALS, 

ARCHEOLOGICAL INVESTIGATIONS, SUBSOIL BORING AND TESTING ENVIRONMENTAL 

AUDITS, PHASE 1 AND 2 ENVIRONMENTAL SITE ASSESSMENTS IN ANTICIPATION OF 

CONSTRUCTING A ROADWAY TO ACCESS THE COLUMBIA SOLIDARITY BRIDGE 

INSPECTION STATION. SAID PARCEL OF LAND IS OUT OF FORTY ACRES WHICH WAS 

DEEDED TO THE ClTY OF LAREDO BY T. S. SClBlENSKl AND RECORDED IN VOLUME 

1448, PAGES 101-102, DEED RECORDS OF WEBB COUNTY, TEXAS. SEE ATTACHED 

EXHIBIT "A, ILLUSTRATING THE PROPERTY IN REFERENCE AND THE RIGHT OF ENTRY 

FROM THE GSA. 

WHEREAS, the Laredo City Council on January 7, 1991 passed Ordinance No. 91-0- 

005 authorizing the conveyance of title to three (3) acres out of a forty (40) acre tract to the 

United States of America, General Services Administration for the construction of a dock and 

inspection facilities. 

WHEREAS, the United States of America, General Services Administration has 

requested that the City of Laredo grant them a Right-of-Entry in the above-mentioned Cityowned 

property in order to conduct necessary studies and survey work for the design of a 

roadway; and 

WHEREAS, the United States of America, General Services Administration, intends to 

request an easement from the City on the above mentioned property in order to construct a 

road in order to allow buses, trucks, and large vehicles the access to the Columbia Solidarity 

Bridge Border lnspection Station. 

WHEREAS, it is in the best interest of the City of Laredo to grant said Right-of-Entry to 

the United States of America, General Services Administration, as shown on attached 

Exhibit A. 

NOW, THEREFORE, BE IT ORDAINED BY THE ClTY COUNCIL OF THE ClTY OF 

LAREDO THAT: 

A. It hereby authorizing the City Manager to grant a right-of-entry to the United 

States of America, General Services Administration (GSA), to a parcel of land 

consisting of approximately forty acres and located adjacent to the Columbia 

Solidarity Bridge Export Parking lot for the purpose of conducting boundary, utility 

and topographic surveys; appraisals, archeological investigations, subsoil boring 

and testing environmental audits, phase 1 and 2 environmental site assessments 

in anticipation of constructing a roadway to access the Columbia Solidarity Bridge 

Inspection Station. Said parcel of land is out of forty acres which was deeded to 

the City of Laredo by T. S. Scibienski and recorded in Volume 1448, Pages 101- 

102, Deed Records of Webb County, Texas. See Attached Exhibit "A, 

illustrating the property in reference and the Right of Entry from the GSA. 

B. This Ordinance shall become effective upon passage thereof.


ON THIS DAY OF March 2009. 

ATTEST: 


MAYOR 




RAUL CASSO 

ClTY ATTORNEY 

By: 

ANTHONY C. MCGETTRICK 

ASSISTANT ClTY ATTORNEY

RXGHT OF EN= 

The undersigned hereby grants to the General Services 

Administration (GSA) , permission for its representative (s) 

and/or agent(s) to enter upon my (our) property located at: 

202 State Hiqhway 255, Laredo, Texas , as shown 

on the attached site plan (Exhibit A) for the purpose of 

performing one or more of the following: boundary/utility/ 

topographic surveys, appraisals, archaeological 

investigations, subsoil borings/testing, environmental 

audits, e.g., Phase 1/11 Environmental Site Assessments, 

which may include asbestos and lead paint sampling, etc. 

It is understood that the Government will conduct these 

operations with as little disturbance of the premises as 

possible, and will repair any damage caused by the subject 

operations. 

It is further understood that the undersigned will be 

advised in advance of the names, time, and date of entry by 

agents/contractors upon the property. 


(Owner (s) of the property) 

(Date) 

DHS/CBP 

(Tenant) 

(Date) 

(Tenant) 

(Date)

JOB NO: 118800 

SCALE: lW=5o' ACCESS EXHIBIT 

DRAW: L.W.D. 

DESIGNED: P.A.S. COLOMBIA/LAREDO 

flLE:BASEl.drp 

. 

PAGE: 1.02 

SOLIDARITY BRIDGE 

CITY EXPORT LOT 

CONSJSULTlh'G ENGINEERING 

& SURVEYING. INC. 

AuMo I 

140 HEIMER RD.. ST€. 617. SAN ANTONIO, TX. 78232 

PHONE: (210)828-0691 FAX: (210)824-3055

. . - 4 

. . . . . 

..... 

DOLORES RANCH COMPANY 

SURVEY NO. 1462 

*r-UIIUn- 

"mmwumnmu 

. ,

DATE 

SUBJECT: FIXAL RIEADIXG OF OEU>IXAXCE KO. 2009-0-038 

03-16-09 Authorizing the City Manager to renew a Right-of-Entry to the U.S. Army Corps of Engineers, 

United States of America to City-owned propeny along the Rio Grande Riverbend extending 

from the northern to the southern City limits, to solely conduct visual observations for 

environmental studies of possible actions, including improvements to existing patrol roads, the 

construction of new patrol roads, and the removal of giant cane within a 300-foot-wide corridor 

parallel to the Rio Grande River. Said City-owned property, including any river vega land along 

said riverbend, consisting of: all of Blocks 015, 016, 15, 017, 018,019, 57, 58, 613, 614, 615, 

616, 140, 141, 143, 144, 149, 150, 151, 152, 568, 709,710 & 450A, Eastern Division, City of 

Laredo; all of Blocks 414,415,416,419,424,426,425,428,431,431A, 434, 434A, 437, 

437A, 516,517,613,614,615,628,629,630,63 1,643,644,645,646,657,658,659,660,666, 

667,668,669,670,671,672,672A, 673,674,675,676,677,679,680,708,708B, & 724, 

Western Division, City of Laredo; a 22.087 acre tract located in Porcion 18; a 58.00 acre tract 

located in Porcion 21; an 18.00 acre tract located in the River Oaks Park Subdivision; a 10.59 

acre tract located in Porcion 22; a 138.513 acre tract located partly in Porcion 36 and partly in 

Porcion 37; a 22.00 acre tract Iocated in Porcion 37 and a 31.00 acre tract located in Porcion 38. 

Said Right-of-Entry being described on attached Exhibit 1; and providing for an effective date. 

INITIATED BY: 

STAFF SOURCE: 


Ronnie Acosta 


CD Director 


On March 2,2009, the City Council introduced this Ordinance. 

BACKGROUED : 

The United States of America, U. S. Army Corps of Engineers has requested a renewal of two (2) years from 

the City of Laredo regarding the Right-of-Entry to the above-mentioned City-owned property in order to 

conclude its studies. The ROE is solely to continue visual observations, to conduct environmental studies of 

possible actions, including improvements to existing patrol roads, the construction of new patrol roads, and the 

removal of giant cane within a 300-foot-wide corridor parallel to Rio Grande River. 

This request is due to the fact that the scope of the project is fairly significant and progress was limited by 

funding. The granting of said Right-of-Entry will enable the United States of America, U.S. Army Corps of 

Engineers to complete the process and to complete the requests for real estate easements required before 

proceeding on to the construction phase of the planned projects. As per the letter dated October 28,2008 from 

U.S. Army Corps of Engineers requesting said extension, "The Government will not contemplate, plan or 

construct any fencing in association with this request for ROE." 

FINANCIAL IMPACT : 

None. 

CO3lMITTEE RECOhIMENDATIOE: 

N/A 

STAFF RECOM31ENDATION: 

Staff recommends passage of Ordinance.

ORDIXANCE NO. 2009-0-033 

AUTHORIZISG THE CITY IVNYAGER TO REXEW A RIGHT-OF-ENTRY TO 

THE U.S. ARMY CORPS OF ENGIXEERS, UNITED STATES OF AMERICA TO 

CITY-OWNED PROPERTY ALONG THE RIO GRABDE RIVEBEND 

EXTENDIXG FROM THE KORTHERX TO THE SOUTHEKT CITY LLMITS, TO 

SOLEY COSDUCT VISUAL OBSERVATIONS FOR ENVIRONMENTAL 

STUDIES OF POSSIBLE ACTIONS, WCLUDKG MPMROVEMENTS TO 

EXISTING PATROL ROADS, THE CONSTRUCTION OF NEW PATROL 

ROADS, AND THE REMOVAL OF GIANT CANE WITHW A 300-FOOT-WIDE 

CORRIDOR PARALLEL TO THE NO GRANDE RNER. SAID CITY-OWNED 

PROPERTY, D-CLUDING AKY RIVER VEGA LAND ALONG SAD 

RIVERBEND, COXSISTING OF: ALL OF BLOCKS 015, 016, 15, 017, 018, 019, 

57, 58, 613, 614,615, 616, 140, 141, 143, 144, 149, 150, 151 & 152, 568,709, 710 

& 450A EASTER; DIVISION, CITY OF LAREDO; ALL OF BLOCKS 4 14, 415, 

416, 419, 424,426,425,428,431,431A, 434,434A, 437,437A, 516,517,613,614, 

615, 628, 629, 630, 631, 643, 644, 645, 646, 657, 658, 659, 660, 666, 667, 668, 669, 

670, 671, 672, 672A, 673, 674, 675, 676, 677, 679, 680, 708, 708B & 724, 

WESTERN DIVISION; CITY OF LAREDO, A 22.087 ACRES TRACT LOCATED 

IN PORCION 18; A 58.00 ACRE TRACT LOCATED IN PORCION 2 1; AN 18 .OO 

ACRE TRACT LOCTED IN THE RNER OAKS PARK SUBDNISION; A 10.59 

ACRE TRACT LOCATED IN PORCION 22; A 138.513 ACRE TRACT LOCATED 

PARTLY IN- PORCION 36 AKD PARTLY IN PORCION 37; A 22.00 ACRE 

TRACT LOCATED IN PORCION 37 AND A 31.00 ACRE TRACT LOCATED IX 

PORCION 38. SAID RIGHT-OF-ENTRY BEING DESCRIBED ON ATTACHED 

EXHIBIT 1; AND PROVIDmG FOR AN EFFECTIVE DATE. 

WHEREAS, by Ordinance No. 2007-0-23 1 dated November 5, 2007, the City granted a 

twelve (12) month Right-of-Entry to the U.S. Army Corps of Engineers, the United States of 

America, of the above described that the City of Laredo 

WHEREAS, the Right-of-Entry signed by the parties was for the period of one (1) year 

beginning November 8,2007, and ending November 7,2008; and 

WHEREAS, the Right-of-Entry in the above-mentioned City-owned property is solely to 

continue visual observations, to conduct environmental studies of possible actions, including 

improvements to existing patrol roads, the construction of new patrol roads, and the removal of 

giant cane within a 300-foot-wide corridor parallel to the Rio Grande fiver; and 

WHEREAS, the U.S. Army Corps of Engineers have requested a similar right of entry 

over the same property for a further period of two (2) years; and 

WHEREAS, the City Co~lncil deems the granting said Right-of-Entry to the United States 

of Americas described on attached Exhibit 1. Exhibit A of Exhibit 1 shows the areas for which 

the permit is granted. 

KOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 

CITY OF LAREDO THAT:

A. It hereby authorizes the City Manager to renew a Right-of-Entry to the U.S. Army Corps of 

Engineers, United States of America to City-owned property along the Rio Grande Riverbend 

extending from the northern to the southern City limits, to soley conduct for visual 

observations for environmental studies of possible actions, including improvements to 

existing patrol roads, the construction of new patrol roads, and the removal of giant cane 

within a 300-foot-wide corridor parallel to the Rio Grande River. Said City- owned property, 

including any river vega land along said riverbend, consisting of: all of Blocks 015, 016, 15, 

017, 018, 019, 57, 58, 613, 614,615, 616, 140, 141, 143, 144, 149, 150, 151 and 152, 568, 

709, 710 & 450A, Eastern Division; City of Laredo, all of Blocks 414,415, 416, 419, 424, 

426,425,428,431, 431A,434, 434A, 437, 437A, 516, 517, 613, 614, 615, 628, 629, 630, 

631, 643, 644, 645, 646, 657, 658, 659, 660, 666, 667, 668, 669, 670, 671, 672, 672A, 673, 

674, 675, 676, 677, 679, 680, 708, 708B, & 724 Western Division, City of Laredo; a 22.087 

acre tract located in Porcion 18; a 58.00 acre tract located in Porcion 21; an 18.00 acre tract 

located in the River Oaks Park Subdivision; a 10.59 acre tract located in Porcion 22; a 

138.513 acre tract located partly in Porcion.36, and partly in Porcion 37; a 22 acre tract 

located in Porcion 37, and a 3 1 .OO acre tract located in Porcion 3 8. Said Right-of-Entry being 

described on attached Exhibit 1. 

B. This Ordinance shall become effective upon passage thereof. 

PASSED BY THE CITY COUNCIL AND APPROVED BY TKE MAYOR ON THIS 

THE DAY OF 2009. 

ATTEST: 

RAUL G. SALNAS 

Mayor 

GUSTAVO G. GUEVARA, JR. 



RAUL CASSO W 

CITY ATTORNEY 

By: 

AXTHONY C. McGETTRICK 

ASST. CITY ATTORNEY

COE REAL ESTATE 

PAGE 02/08 

DE.PARTMENT OF THE ARM' t 

RIGFIT-OF-ENTRY FOR SURVEY ANO E> I'LORAT'ION 

Laredo Road and.Cane Proicct 

(Projecr; Installation or Activip) 

V+ gbb County 

(Tract Number r IT Orher Property .Ident@catiot$ 

The undersigned, hereinafter called the "Owner", bereby grants to the Uniled States of America, hereinafter called 

the ':Government", a temporary right-of-ent~y upon Owner's property dcsc r bed below, hetejnaftcr called the 

"Ptopery". This tight-of-entry is granted upon the following terms and co editions: 

1. The Government's employees and contractors shall have the right I3 enter upon Owner's Propcq for the 

purpose of conducting environmental assessments and property st rveys, including the right to temporarily 

store, move and remove necessary equipment and supplies; sutve]., srake out, appraise, borc and take soil 

andlor water samples, and perform any other such work which ma) be necessary and incidental to the 

Government's assessment of the Property for proposed road.in1prc.1-cn)ents or new construction1 and nonnative 

vcgetation removal. 

2. This right-of-entry is irrevocable for a period of 24 months from tl I,! date of this instrutnent, 

3. The rights granted herein include the right of ingress and egress or ,%her lands of thc Owner not described 

below, ptovided sucll ingress and egress is necessary to access the Iroperty and is not otherwise 

conveniently a.vai1able to the Govern.ment.. 

_ . .______ - ..----.A -- -- -- -. - -- .- -. 

4. All tools, equipment, and other property taken upon or placed up011 the land [:,y the Government shall 

remain thc property of the Government and may be removcd by th.: Government at any time within a 

reasonable period after the expiration ofthis right-of-enky. 

5. If any action of the Gover'nment's employees or agents in the exert ire of chis right-of-entry result9 in 

damage to the real propsrty, thc Government will, at its option, eitt e r repair s~ch damage or make an 

appropriate settlement with the O~vner. In no event shall such rep~il or set~lelnent sxceed the fair market 

value of the fee interest of the real property at the timc imrnediatel:. >receding: such damage. The 

Govcrnmenc's liability under this clause may not sxceed appropriaj b)ns avaiinblc for such payment and 

nothine contained herein may be considered as implying that Cong:t.ss will at: a larcr date appropriate funds 

sufficient to meet deficiencies. The provisions of this clause are wit lout prej~.~dice to any rights the Owner 

rnay havc to make a claim under applicable laws for any other damil:;es than ~:xovided hcrein. 

6. The Property that is subject to this right-of-entry is located in the !&rate of Texas, County of Webb, and is 

dcpicted on ttle cnclosed map.


PAGE 03/08 

7. I affirm that I have the authority to grant,this right-of-entry onto .I. e Properly described ~bove. 

WITNESS .MY HAND this. day af 1009. 

Owner's Sipnntute 

- -.- 

Owner's Printed Nal: 1 : 

Owner's Address 

- -.- 

L) 

Home Telephone 

--au 

Work Telephone 

- 

Consent P€ Tenant: (If Applicable) 

1 hereby cortsellt to the use of thc property by the Government in a~:c:ordance.with this Right of Entry For 

Survey and Exploration. 

Tenant's Signature 

- -, - 

Tenant's Printed Nam t 

u * 

Tenant's Address 

- -.- 

-.- 

Home Telephone 

u- - -.- 

Work Telephone


CERTIFICATE FOR CORPORhTIONS AND RARTh 1 .RSHIPS 

(If Applicable) 

1, , certify that I am - -; that -, 

Name of Official Oficial Positioj. Name of Sinncr 

who signed this Rjght-of-Enw on behalf of was the ", 

Or~anizationl~erson 

Qfficial Position 

for , that said Right-of-Entry was duly signed for and on behalf of s 

Oraan~mtion/~ers.on 

Qganizationluerson 

by authority of its governing body and is within the scope of Signer's corpl ),#ate or partnership powers. 

..-x 

! ignatr~rt bf Official 

- 'relephon~: Number 

NOTE: THE PERSON SIGNING THE ABOVE CERTIFICATE CANNS:: BE TI3i: SAM.E PERSON THAT 

SIGNED THE RIGHT-OF-ENTRY. 

T.HE UNITED STATES OF A I4ERTCA 

By: -- 

Hyla J. Head 

Chief, Real Estate Divi i an 

U.S. Army Corps of Ecg ineers 

ATTN: CESWF-EE 

P.0. Box 17300 

Fort Worth, TX 76 1.02- 1300 

(8 17) 886-1 096

- *-, 

-- - .. - - 

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.- . 

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- 

Legend - TLy -- 

t 

BP Hlghl O' En:q I 1173 

jl) i . 

C~ty Proper:., -- 

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-190 9364 

. 1 

1174 !10$ . ,305


DATE: 

INITIATED BY: 

SUBJECT: FINAL READING OF ORDINANCE NO. 2009-0-039 

AMENDING CHAPTER 19 ENTITLED "MOTOR VEHICLES AND 

TRAFFIC" OF THE CODE OF ORDINANCES BY ADDING A NEW SECTION 

19-223 TO BE ENTITLED "USE OF HAND-HELD MOBILE TELEPHONES IN 

SCHOOL ZONES"; DIRECTING THE CITY MANAGER TO ERECT SIGNS 

IN AFFECTED AREAS; PROVIDING FOR A REPEALING CLAUSE; 

PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A 

SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO 

EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND 

PROVIDING AN EFFECTIVE DATE. 

STAFF SOURCE: 

Carlos Villarreal, City Manager I Kristina Laurel Hale, Assistant City Attorney 


On March, 2, 2009, Council held a public hearing whereby the item was presented as an introductory 

ordinance and staff was instructed to proceed with Final Hearing. 

BACKGROUND: 

Driver distraction is a major cause of traffic accidents and the use of hand-held communication while 

driving has increasingly added to this problem. The National Highway Traffic Safety Administration 

estimates that at least 25% of police reported crashes involve some form of driver inattention, and a 2003 

study found that at least 1 in 20 traffic accidents involve a driver talking on a cell phone. In fact, it has also 

been calculated that drivers who use cell phones, regardless of age, are 18 % slower hitting their brakes and 

take 17 % longer to regain their speed than drivers who do not use cell phones. 

While cell phone use is inherently distracting, there is little evidence that wireless phones are more 

distracting than other activities in the car. However, the banning of other driving distractions has been 

determined to be more difficult to fine and harder to enforce. Accordingly, the regulation of cell phones is 

the logical starting point in establishing a precedent for safety measures in school zones. Many states 

across the country have already banned the use of phones while driving to some extent, and a growing 

number of Texas cities have passed ordinances restricting phones around school zones. 

The Texas Legislature currently has nine proposed bills restricting cell phone use that range from simple 

school zone restrictions to an all-out ban on wireless communication. As proposed, Laredo's ban would 

remain relatively mild compared to other local and state phoning-while-driving policies and would support 

its commitment to protecting the safety and welfare of its children. For notification purposes, the City of 

Laredo will be required to place signs at the affected locations and allow for a 30 day grace period. 


The approximate cost of each custom sign is $100 and at least 2 signs are required for each of the 223 

school zones in the city. Therefore, the estimated cost for the installation of the cell phone restriction signs 

in school zones is $45,000.00. 


I STAFF RECOMMENDATION:

ORDINANCE NO. 2009-0-039 

AMENDING CHAPTER 19 ENTITLED "MOTOR VEHICLES AND TRAFFIC" OF 

THE CODE OF ORDINANCES BY ADDING A NEW SECTION 19-223 TO BE 

ENTITLED "USE OF HAND-HELD MOBILE TELEPHONES IN SCHOOL ZONES"; 

DIRECTING THE CITY MANAGER TO ERECT SIGNS IN AFFECTED AREAS; 

PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY 

CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY 

OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH 

OFFENSE; AND PROVIDING AN EFFECTIVE DATE. 

WHEREAS, to further serve and protect school-aged children traveling to and from elementary 

schools and other educational facilities throughout the state, the State of Texas and the City of 

Laredo have adopted certain laws regulating the speed of motor vehicles in a "school zone," 

applying only on official school days and during school hours when the school zone is in effect; 

and, 

WHEREAS, using a hand-held mobile telephone ("cell phone") while operating a motor vehicle 

distracts a driver from operating the vehicle and affects the driver's ability to steer and maneuver 

effectively, thus diminishing the driver's ability to fully concentrate on driving safely; and, 

WHEREAS, the City Council of the City of Laredo, Texas ("City Council") finds that the use of 

a hand-held mobile telephone while operating a motor vehicle in a ccschool zone" (on official 

school days and during hours when the school zone is in effect) creates danger (or probability of 

it) to school children and other residents; and, 

WHEREAS, the safety of all school-aged children traveling to and from schools and other 

educational facilities located in the City is of paramount importance to the City Council, and as 

such, demands a high standard of positive care and control; and, 

WHEREAS, "strict liability" offenses include not only those that are regulatory, public welfare 

or mala prohibita in nature, but also those that are designed to protect children; and, 

WHEREAS, the States of California, Connecticut, New Jersey, New York and Washington ban 

the use of hand-held mobile telephones while operating a motor vehicle; and 

WHEREAS, the City Council desires to implement rules and regulations to protect health, life, 

and property and that preserve good government, order, and security of the City and its 

inhabitants. 

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 

OF LAREDO, TEXAS, THAT: 

SECTION 1. Chapter 19 "Motor Vehicles and Traffic" of the Code of Ordinances of the City of 

Laredo, Texas be and is hereby amended by adding a new Section, to be entitled "Use of Hand- 

Held Mobile Telephones in School Zones," without repeal, amendment or change to any other 

article, said new Section 19-223 to read in its entirety as follows: 

"Sec. 19-223. Use of hand-held mobile telephones in school zones. 

A. Definitions. For purposes of this section, the following definitions shall apply, unless clearly 

indicated to the contrary.

1. "Engaging in a call" shall mean talking into, dialing or listening on a hand-held mobile 

telephone, but shall not include holding a mobile telephone to activate or deactivate such 

telephone. 

2. "Hands-free mobile telephone" shall mean a mobile telephone that has an internal feature or 

function, or that is equipped with an attachment or addition ,whether or not permanently part of 

such mobile telephone, or is a part of the motor vehicle, by which the user engages in a call 

without the use of either hand (or prosthetic device or aid in the case of a physically disabled 

person), whether or not the use of either hand (or prosthetic device) is necessary to activate, 

deactivate or initiate a function of such telephone. 

3. "Hand-held mobile telephone" shall mean a mobile telephone with which a user engages in a 

call using at least one hand (or prosthetic device or aid in the case of a physically disabled 

person). 

4. "Immediate proximity" shall mean that distance as permits the operator of a mobile telephone 

to hear telecommunications transmitted over such mobile telephone, but shall not require 

physical contact with such operator's ear. 

5. "Mobile telephone" shall mean a device used for wireless telephone service andfor a personal 

digital assistant for data or telecommunication services other than voice. 

6. "Personal Digital Assistant" shall mean a device operated using a wireless 

telecommunications service that provides for data communication other than by voice. 

7."Wireless telephone service" shall mean two-way real time voice telecommunications service 

that is interconnected to a public switched telephone network and commonly referred to as a 

cellular service or personal communication service. 

B. Restrictions; Exemptions. 

1. Except as otherwise provided herein, it shall be unlawful for a person to drive or operate a 

motor vehicle in a school zone during the hours when school zones are in effect, and when 

school zone signs and signs prohibiting hand-held mobile telephone use are posted in place, 

while using a hand-held mobile telephone to engage in a call or to create, send or read messages 

or data. 

2. An operator of a motor vehicle who holds a mobile telephone to, or in the immediate 

proximity of the operator's ear while such vehicle is in motion is presumed to be engaging in a 

call within the meaning of this section. 

3. This Subsection shall not apply to: 

a. The use of a mobile telephone for the sole purpose of communicating with any of the 

following regarding an emergency situation: an emergency response operator; a hospital, a 

physician's office or health clinic; a public safety department; 

b. Any law enforcement, police officer, emergency services official, first aid, emergency medical 

technicians and personnel, or any fire safety official in the performance of duties arising out of 

and in the course of his or her employment as such; or

c. The use of a hands-free mobile telephone when being used in a hands-free 

manner. 

C. Liability. The violation of this section is a "strict liability" offense as it pertains to the specific 

criminal action covered by this Ordinance only. 

SECTION 2. The City Council hereby directs the City Manager to cause the placement of signs 

prohibiting hand-held mobile telephone use in affected school zones. 

SECTION 3. All ordinances of the City of Laredo, Webb County, Texas, in conflict with the 

provisions of this ordinance be, and the same are hereby, repealed; provided, however that all 

other provisions of said ordinances not in conflict with the provisions of this ordinance shall 

remain in full force and effect. 

SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of 

this ordinance, as amended hereby, be adjudged or held to be void or unconstitutional, the same 

shall not affect the validity of the remaining portions of said ordinance, or the Code of 

Ordinances, as amended hereby, which shall remain in full force and effect. 

SECTION 5. An offense committed before the effective date of this Ordinance is governed by 

prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense 

was committed and the former law is continued in effect for this purpose. 

SECTION 6. Any person, firm or corporation violating any of the provisions or terms of this 

Ordinance shall be subject to the same penalty as provided for in the Code of Ordinances, as 

amended, and upon conviction shall be punished by a fine not to exceed the sum of Two 

Hundred Dollars ($200) for each offense, and each and every day such violation shall continue 

shall be deemed to constitute a separate offense. 

SECTION 7. This ordinance shall take effect immediately from and after its passage, and 

publication of the caption, as the law and charter in such cases provide. 

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR 

ON THIS DAY OF ,2009. 

ATTEST: 


MAYOR 




RAUL CASSO 

CITY ATTORNEY 

BY: KRISTINA LAUREL HALE 



DATE: 


SUBJECT: FINAL READING OF ORDINANCE 2009-0-040 

Authorizing the City Manager to execute a lease with Securitas Security Services USA, 

Inc., for approximately 120 square feet of office space and an exclusive office entry 

lane of approximately 540 square feet at Bridge 11. 

1. Lease term is for one (1) year commencing April 1, 2009 and ending on 

March 31,2010. 

2. Monthly rent will be $2,810.00 for approximately 120 square feet of office 

space and an exclusive office entry lane of approximately 540 square feet at 

Bridge 11. 

3. The lease may be terminated by either party with a thirty (30) day written 

notice. 

INITIATED BY: 

Jesus Olivares, Assistant City Manager 

STAFF SOURCE: 

Mario I. Maldonado Jr., Bridge Director 


On March 02, 2009, a Public Hearing and Introductory Ordinance was introduced to execute a lease with 

Securitas Security Services USA, Inc., for approximately 120 square feet of office space and an exclusive 

office entry lane of approximately 540 square feet at Bridge 11. 

1. Lease term is for one (1) year commencing April 1,2009 and ending on March 3 1,20 10. 

2. Monthly rent will be $2,810.00 for approximately 120 square feet of office space and an exclusive 

office entry lane of approximately 540 square feet at Bridge 11. 

3. The lease may be terminated by either party with a thirty (30) day written notice. 

BACKGROUND: 

The City of Laredo has leased property to Securitas Security Services USA, Inc., formerly known as 

Pinkerton Inc. and Bums International Security Services Corporation, and has never had any problems with 

this customer. Securitas Security Services USA, Inc. has advised of their interest to continue leasing Bridge 

I1 property at the revised and agreed monthly rental of $2,810.00. 


The City of Laredo will be receiving $2,810.00 per month for the entire lease term and monthly rent will be 

deposited into account #553-0000-361-1052. 


NIA 


Approval for the City Manager to execute lease 

contract.

FINAL READING OF ORDINANCE 2009-0-040 

AUTHORIZING THE CITY MANAGER TO EXECUTE A 

LEASE WITH SECURITAS SECURITY SERVICES USA, 

INC., FOR APPROXIMATELY 120 SQUARE FEET OF 

OFFICE SPACE AND AN EXCLUSIVE OFFICE ENTRY 

LANE OF APPROXIMATELY 540 SQUARE FEET AT 

BRIDGE 11. 

1. LEASE TERM IS FOR ONE (1) YEAR COMMENCING APRIL 1,2009 

AND ENDING ON MARCH 3 1,20 1 0. 

2. MONTHLY RENT WILL BE $2,8 10.00 FOR APPROXIMATELY 120 

SQUARE FEET OF OFFICE SPACE AND AN EXCLUSIVE OFFICE 

ENTRY LANE OF APPROXIMATELY 540 SQUARE FEET AT BRIDGE 

11. 

3. THE LEASE MAY BE TERMINATED BY EITHER PARTY WITH A 

THIRTY (30) DAY WRITTEN NOTICE. 

WHEREAS, the Bridge Director of the Laredo Bridge System recommends that the City Council 

approve the attached hereto as Exhibit A, in furtherance of the development of the City owned 

property being part of the Laredo Bridge System; and 

WHEREAS, the Bridge Director of the Laredo Bridge System finds that Securitas Security 

Services USA, Inc. has advised of their interest to continue leasing Bridge I1 property at the 

revised and agreed monthly rental of $2,8 10.00. 

WHEREAS, the City Council finds that the proposed lease, copy of which is attached hereto 

Exhibit A, would be in the City's interest and benefit. 


LAREDO THAT: 

Section 1 : Authorizing the City Manager to execute a lease with Securitas Security Services 

USA, Inc., for approximately 120 square feet of office space and an exclusive office entry lane 

of approximately 540 square feet at Bridge I1 for a term of one (1) year commencing April 1, 

2009 and ending on March 31,2010 at $2,810.00 monthly rental. A copy of said lease is attached 

hereto as Exhibit A, and incorporated herein. 

Section 2: This ordinance shall become effective upon passage thereof.


THE DAY OF ,2009. 

Raul G. Salinas, Mayor 

ATTEST: 

Gustavo Guevara 



Nathan R. Bratton 

Asst. City Attorney

DATE: 


SUBJECT: Final ReadingIOrdinance #2009-0-041 

Authorizing City Manager to accept a grant adjustment in the amount 

of $100,000.00 from the Office of the Governor, the Division of 

Emergency Management (GDEM) and to amend the City of Laredo FY 

2008-2009 Special Police Fund Annual Budget in the amount of 

$100,000.00 for a total grant award of $275,000.00. The Office of the 

Governor, the Division of Emergency Management has made a project 

grant available in order to organize and deploy state agency and local 

government law enforcement personnel and equipment to participate 

in a project to enhance border security along the Texas-Mexico 

border. Funds will be used to pay overtime, fringe benefits and 

operational expenses from February 15, 2008 through August 15, 

2009. 

INITIATED BY: 

STAFF SOURCE: 


Carlos R. Maldonado 


Chief of Police 


City Council approved Ordinance #2008-0-042 on 3110108. 

ACTION PROPOSED: 

That this Ordinance be passed and approved. 

BACKGROUND: 

The Office of the Governor, the Division of Emergency Management has made a project grant available in 

order to organize and deploy state agency and local government law enforcement personnel and 

equipment to participate in a project to enhance border security along the Texas-Mexico border. This 

project is designed as the "Border Security Enhancement Operations (BSEO)" project. This project will 

be in multiple phases. Phase II of the project will be from February 15,2008 thru August 15,2009. 

Fl NANClAL IMPACT: 

Original 

Budqet 

Revenues: 

GDEM I Border Security $175,000 

Enhancement Operations 

Proposed 

Budaet 

Budget 

Amendment 

Total Revenues $175,000 $1 00,000 $275,000 

Expenditures: 

GDEMl Border Security $175,000 

Enhancement Operations 

Total Expenditures $1 75,000 $100,000 $275,000 

RECOMMENDATION: 

STAFF: Staff recommends the approval of this 

Ordinance.

ORDINANCE #2009-0-041 

Authorizing City Manager to accept a grant adjustment in the amount of 

$1 00,000.00 from the Office of the Governor, the Division of Emergency 

Management (GDEM) and to amend the City of Laredo FY 2008-2009 

Special Police Fund Annual Budget in the amount of $100,000.00 for a 

total grant award of $275,000.00. The Office of the Governor, the Division 

of Emergency Management has made a project grant available in order to 

organize and deploy state agency and local government law enforcement 

personnel and equipment to participate in a project to enhance border 

security along the Texas-Mexico border. Funds will be used to pay 

overtime, fringe benefits and operational expenses from February 15, 

2008 through August 15,2009. 

Whereas, the City Council previously adopted the budget for fiscal year 2008- 

2009; and 

Whereas, Council approved the first grant award on 311 0108. 

Whereas, 100% of the grant funds are state funded by the Office of the Governor, 

the Division of Emergency Management (GDEM); and 

Whereas, funds will be used to pay overtime, fringe benefits and operational 

expenses. 

NOW, THEREFORE, BE IT ORDAINED BY THE ClTY COUNCIL OF THE ClTY OF 

LAREDO THAT: 

Section 1: the City Manger accepts a grant adjustment from the Office of the 

Governor, the Division of Emergency Management (GDEM) in the amount of 

$100,000.00, for a total grant award of $275,000.00. 

Section 2: Amending the City of Laredo FY 2007-2008 budget by increasing revenues 

and expenses by the amount of $100,000.00.

PASSED BY THE ClTY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE 


RAUL SALINAS 

MAYOR 

ATTEST: 




RAUL CASSO 

ClTY ATTORNEY 

BY: 

VALERIA M. ACEVEDO 


IUCK PERRY 

Cwernar 

DIVISION OF EMERGENCY MANAGEMENT 

Office of the Governor 

STEVEN McCR4W 

Director 

kwhWM!s,~i Contact Nnmbuu: Iahvsbl AddrPss; Office nf Hemelaad Security 

M) Box 4087 512424-2138 DnCy Hours 5805 N. Lamar UIvd. 

Austin,'l'eras 7$751-03.20 512-424-2277 Non-T)uty HOUIS Austin, Texas 78752 

512-424-2444 Fax JACK COLLEY 

Chicf 

February 3,2009 

GRANT ADJUSTMENT NOTICE 

for the 

LOCAL BORDER SECURITY GRANT FY 08/09 (LBSP-08/09) PROGRAM, 

This letter is to advise you that your LBSP Grant for FY 08/09 has been adjusted wi.th m increase of 

funds in order to provide continued funding to support local border security operations. The amount of 

the grant increase is $1 00,000.00. 

Please provide his letter and a copy of the signed Grant Adjustment Notice to the financial management 

staff that maintains your grant records so that it can be attached to your grant award. 

Should you have any questions regarding this matter, please contact Ms. Ryan-Bungcr, LBSP Program 

Manager at 5 121424-227 1. 

Sincerely,

GRANT ADJUSTMENT NOTICE 

GOVERNOR8S DlVlSlON OF EMERGENCY MANAGEMENT 

Program Titie: 

Funding Instrument: 

Administered by: 

GDEM Grant Number: 

Recipient: 

Arnount of Grant: 

j Period of Grant: 

Type of Action 

Grant Adjustment #: 

1 

I Local Border Security Program FY08109 (LBSP-08/09) 

1 

j General Appropriations Act, Rider 60, 80" Legislature 

General Appropriations Act, Article IX, Section 19.6Q(c), 

80th Legislature 

Governor's Division of Emergency Management 

Texas Department of Public Safety 

P.O. Box 4087 

Austin, Texas 78773-0220 

LBSP-08-029 

Laredo Police Department, Webb County 

$1 75,000.00 (Rider 60) 

$1 00,000.00 (Article IX, Sec 19.69(c) (Additional Award), 

$275,000.00 (Total Grant Amount) 

15 February 2008 through 15 August 2009 

Increase in Funds 

Clf Decrease in Funds 

r] Close-out Document 

Laredo Police Department 

GDEM Grant Number: LBSP-08-029 

GAN #3 

Date: 

AGENCX,APPROVAL 

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DATE: 


INITIATED BY: 

Carlos Villarreal. Cit\- Manager 



SETTING THE NEW SPEED LIMIT ON SECTIONS OF U.S. 59 WITHIN THE CITY 

LIMITS OF LAREDO, WEBB COUNTY, TEXAS, TO 60 MILES PER HOUR FROM MILE 

POINT 42.750 (CORPORATE CITY LIMITS) TO MILE POINT 42.806 (HERITAGE 

COURT); 50 MILES PER HOUR FROM MILE POINT 42.806 TO MILE POINT 45.100 

(EJIDO AVENUE); 40 MILES PER HOUR FROM MILE POINT 45.100 TO MILE POINT 

45.382 (ARKANSAS AVENUE), AS DEFINED IN THE TEXAS DEPARTMENT OF 

TRANSPORTATION CONTROL SECTION MAP 0542-0 1, PROVIDING FOR THE 

INSTALLATION OF APPROPRIATE SIGNS TO INDICATE NEW SPEED CHANGES IN 

THE DESIGNATED AREAS AND PROVIDING FOR PUBLICATION AND EFFECTIVE 

DATE. 

STAFF SOURCE: 

Roberto Murillo, P.E. P.T.O.E., Traffic Manager 

Jesus Olk-ares. Asst. City Manager 

PREVIOUS COUNCIL ACTION: First Reading of Ordinance appro\-ed by City Council on 03-02-2009. 

BACKGROUND: 

The Texas Department of Transportation is requesting new speeds that shall govern sections of U.S. 59, that is located 

within the City of Laredo limits to improve trac flow and safety as follows: 

6Oh@H@om Mile Point 42.750 to Mile Point 42.806 

(From corporate city limits to just north ofHeritage Ct.) 

Proposed speed limit change from 55 MPH to 60 MPH. 

50WH from Mile Point 42.806 to Mile Point 45.100 

(Just north of Heritage Dr. to Ejido Avenue). 

Proposed speed limit change from 45 MPH to 50 MPH. 

40 MPHfrom Mile Point 45.100 to Mile Point 45.382 

(From Ejido Avenue to Arkansas Ave.) 

Proposed speed limit change @om 45 MPH to 40 MPH 

Upon approval of this ordinance, TxDOT will be responsible for the installation of the new speed limit signs on the 

above mentioned sections of U.S. 59. (See attachment letter from TxDOT) Other speed limit changes are being 

proposed by TxDOT outside the corporate city limits which are not included in this proposed ordinance. 

The proposed ordinance was presented to the Transportation and TrafKc Safety Advisory 

Committee on Febniq 11.2009 with no action taken due to lack of quonim. 

FINANCIAL : None. 


STAFF: Staff reco~nmends appro~al of this ordinance.


SETTING THE NEW SPEED LIMIT ON SECTIONS OF U.S. 59 WITHIN THE CITY 

LIMITS OF LAREDO, WEBB COUNTY, TEXAS, TO 60 MILES PERHOUR FROM lWLE 

POINT 42.750 (CORPORATE CITY LIM1TS)TO MILE POINT 42.806(HERITAGE 

COURT); 50 MILES PER HOUR FROM MILE POINT 42.806 (HERITAGE DR)TO lMILE 

POINT 45.100 (EJIDO AVENUE); 40 MILES PER HOUR FROM MILE POINT 45.100 

(EJIDO AVENUE) TO MILE POINT 45.382 (ARKANSAS AVENUE), AS DEFINED IN TBE 

TEXAS DEPARTMENT OF TRANSPORTATION CONTROL SECTION MAP 0542-01, 

PROVIDING FOR THE INSTALLATION OF APPROPRIATE SIGNS TO INDICATE 

NEW SPEED CHANGES IN THE DESIGNATED AREAS AND PROVIDING FOR 

PUBLICATION AND EIPFECfl[VE DATE. 

WHEREAS, V.A.T.C.S., Texas Transportation Code 545.356(b) authorizes the City Council to 

change the speed limits of any higkway or street within the inmrporatd area of the City; and 

WHEREAS, the Texas Department of Transportation (TxDOT) is requesting new speed limit 

changes on portions of U.S. 59 to be in effect on these sections of roadway; and 

WHEREAS, TxDOT will be responsible for the installation of speed limit signs on these sections of 

U.S. 59; and 

WHEREAS, the implementation of speed limit changes on these sections of U.S. 59 is a positive 

step in securing the safety of our citizens; and 

WHEREAS, the City Council of the City of Laredo supports TxDOT7s efforts to request the new 

speed limit changes on these sections of U.S, 59 and is of the same opinion, 

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 

LAREDO THAT: 

SECTION 1: The maximum speed limits on that portion of U.S. 59 within the city limits of 

Laredo, Webb County, Texas, as defined in the TxDOT Control Section Map 0542-01, are hereby 

designated as follows: 

60 MPH from Mile Point 42.750 to Mile Point 42.806 

50 MPH from Mile Point 42.806 to Mile Point 45.100 

40 MPH from Mile Point 45.100 to Mile Point 45.3 82 

SECTION 2: The City Manager and the Chief of Police be and are hereby authorized to take the 

necessary steps to carry out this ordinance;

SECTION 3: This Ordinance shall be published once in accordance with the provisions set for in 

Section 2.09 (d) of the City Charter. This ordinance shall become effective upon its 

passage and publication. 




ATTEST: 




RAUL CASSO 

CITY ATTORNEY 

BY: 

KRISTINA L, HALE 

ASST. CITY ATTORNEY

Date: 


CITY COUNCIL COMMUNICATION 


AUTHORIZING THE CITY MANAGER TO ENTER INTO A "DISASTER AID" 

AGREEMENT BY AND BETWEEN THE LAREDO TRANSIT MANAGEMENT, 

INC., (EL METRO) AND DOCTORS HOSPITAL OF LAREDO, FOR 

PROVIDING ASSISTANCE OF UP TO FIVE (5) TRANSIT BUSES IN THE 

EVENT OF A DISASTER, THIS AGREEMENT SHALL BE FOR A TERM OF 

TWO (2) YEARS BEGINNING ON THE EFFECTIVE DATE AND MAY BE 

EXTENDED FOR ADDITIONAL TERM OF TWO (2) YEARS UPON WRITTEN 

AGREEMENT. DOCTOR'S HOSPITAL SHALL COMPENSATE LAREDO 

TRANSIT MANAGEMENT, INC., ONE-HUNDRED ($100.00) DOLLARS PER 

HOUR PER BUS. 

STAFF SOURCE: 

Feliciano Garcia Jr., LTMI General Manager 

INITIATED BY: 


PREVIOUS BOARD ACTION: 

N/A 

BACKGROUND: 

Doctors Hospital of Laredo is an acute care hospital facility and has approached El Metro for 

providing "disaster aid" transportation services by evacuating patients of the Hospital in the event of 

a disaster. The lease agreement by and between the Laredo Transit Management, Inc., and Doctors 

Hospital of Laredo will be for the term of two (2) years beginning on the effective date. This 

agreement may be extended for additional terms of two (2) years upon the written agreement of the 

parties. Doctors Hospital shall pay LTMI one hundred ($100.00) dollars per hour and bus for 

"disaster aid" transportation services. 

FINANCIAL: 

In the event of a disaster, Doctors Hospital shall pay LTMI one hundred ($100.00) dollars per hour 

per bus for up to five (5) buses. 



Staff recommends approval of this ordinance.


AUTHORIZING THE CITY MANAGER TO ENTER INTO A 

"DISASTER AID" AGREEMENT BY AND BETWEEN THE 

LAREDO TRANSIT MANAGEMENT, INC., (EL METRO) AND 

DOCTORS HOSPITAL OF LAREDO, FOR PROVIDING 

ASSISTANCE OF UP TO FIVE (5) TRANSIT BUSES IN THE 

EVENT OF A DISASTER; THIS AGREEMENT SHALL BE 

FOR A TERM OF TWO (2) YEARS BEGINNING ON THE 

EFFECTIVE DATE AND MAY BE EXTENDED FOR 

ADDITIONAL TERM OF TWO (2) YEARS UPON WRITTEN 

AGREEMENT. DOCTOR'S HOSPITAL SHALL 

COMPENSATE LAREDO TRANSIT MANAGEMENT, INC., 

ONE-HUNDRED ($100.00) DOLLARS PER HOUR PER BUS. 

WHEREAS, the Doctors Hospital of Laredo, agrees to compensate Laredo Transit 

Management, Inc., one hundred ($100.00) dollars per hour per bus for up to five (5) buses for 

"disaster aid" transportation services in the event of a disaster; and 

WHEREAS, this agreement shall be for a term of two (2) years, beginning on the 

effective date and may be extended for additional term of two (2) years upon the written 

agreement of the parties; and 

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 

LAREDO, TEXAS: THAT 

Section 1. That it hereby authorizes the City Manager to execute a "disaster aid" agreement, by 

and between the Laredo Transit Management, Inc., and Doctors Hospital of Laredo, for providing 

transportation services in the event of a disaster. 

Section 2. This ordinance shall become effective upon the passage hereof.


DAY OF 2009. 

ATTEST: 

RAUL SALINAS 

MAYOR 

GUSTAVO GUEVAJXRA, JR. 



BY: 

RAUL CASSO 

CITY ATTORNEY

DISASTER AID AGREEMENT 

THIS AGREEMENT (This "Agreement") is made effective as of the 

day of 

, 2008 (the "Effective Date"), by and between Doctors Hospital of Laredo ("Hospital") 

and Laredo Transit Management, Inc., d/b/a/ El Metro ("Company"). 

ARTICLE 1: RECITALS 

1.1 Doctors Hospital of Laredo is an acute care hospital facility. 

1.2 El Metro is a bus transportation company which desires to provide assistance to Hospital 

on the terms and conditions set forth herein, in the event a disaster (including a hurricane) 

which adversely affects the ability of Hospital to operate. 

NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: 

ARTICLE 2: INCORPORATION OF RECITALS, EXHIBITS, ETC. 

The parties agree that the recitals are true and correct, and are hereby incorporated. The 

parties also agree that any referenced exhibits, schedules, documents, or instruments are 

hereby incorporated. 

ARTICLE 3: PROVISION OF SERVICES 

3.1 Tern~orarv Accommodation. If a disaster occurs Company shall, at the request of 

Hospital, provide up to five (5) busses to evacuate patients of Hospital (the 

disaster"AidW). 

3.2 Other Facilities, Services. Personnel. and Suv~lies. In connection with the Aid to be 

provided by Company, Company shall supply all bus drivers and fuel. All drivers shall 

be duly licensed and trained, and the services provided herein by Company shall at all 

time be in compliance with all relevant local, state and federal laws. 

3.3 Financial Responsibili~. Hospital shall compensate Company for Aid provided by 

Company at the rate of $100 per hour per bus. Company shall invoice Hospital for the 

Aid provided, and Hospital shall pay such invoice within thirty (30) days of its receipt. 

ARTICLE 4: TERM AND TERMINATION 

4.1 Term. Unless earlier terminated, this Agreement shall be for a term of two (2) years, 

beginning on the Effective Date. This Agreement may be extended for additional terms of 

two (2) years upon the written agreement of the parties. 

4.2 Termination bv Notice. Notwithstanding anything to the contrary either party may 

terminate this agreement without cause upon providing 30 days written notice to the other 

party. 

4.3 Effect of Termination. Upon termination of this Agreement, neither party shall have any 

further obligation hereunder except for (i) obligations accruing prior to the date of 

termination, and (ii) obligations or covenants contained herein that are expressly intended 

to extend beyond the term of this Agreement. 

ARTICLE 5; STANDARD PROVISIONS

Mutual Indemnification. To the extent permitted by law, each party (the "Indemnitor") 

shall indemnify the other party (the "Indemnitee") for any and all damages, liabilities, 

costs, and expenses (including, but not limited to, attorneys' fees) reasonably incurred by 

or awarded against Indemnitee which relate to a claim or proceeding against Indemnitee 

based solely on the negligent or wrongful conduct of Indemnitor (each, a "Claim"). This 

indemnification is effective only if (I) Indemnitee promptly notifies Indemnitor in writing 

of any known Claim, whether threatened or actual (or Indemnitor is not materially 

prejudiced by failure to receive prompt written notice of such Claim), (ii) Indemnitee 

fully cooperates with Indemnitor (at Indemnitor's expense) in the defense of any such 

Claim, and (iii) Indemnitor controls the defense against any such Claim, unless the 

interests of the parties materially differ or Indemnitor's counsel is not reasonably 

acceptable to indemnitee. This provision shall survive the termination of this Agreement. 

Notices. Any notice required or permitted to be given under this Agreement shall be 

sufficient if given in writing and sent by certified mail, return receipt requested, to the 

parties at the following addresses (or at such other addresses as may be furnished from 

time to time): 

If to Hospital: 

Doctors Hospital of Laredo 

If to Company: 

El Metro 



Notice of Claims. A party shall give written notice to the other party, as soon as 

practicable, of any lawsuit, claim, or patient complaint which involves, or may involve, 

such other party. 

Amendment. No amendment to this Agreement shall be effective unless it is in writing, 

attached to, or made a part of this Agreement, and executed by a duly authorized 

representative of each party. 

Assignment. This Agreement and all of the provisions hereof shall be binding upon and 

insure to the benefit of the parties and their respective successors and permitted assigns. 

However, neither this Agreement nor any of the rights, interests or obligations hereunder 

shall be assigned by any party hereto without the prior written consent of the other party. 

Entire A~reement: This agreement and the exhibits, schedules, documents, certificates 

and instruments referred to herein, embodies the entire agreement and understanding of 

the parties in respect of the transactions contemplated by this Agreement. There are no 

restrictions, promises, representations, warranties, covenants or undertakings, other than 

those expressly set forth or referred to herein. This Agreement supersedes all prior 

agreements and understandings between the parties with respect to such transactions. 

No Third Parh Rights. This Agreement is intended solely for the benefit of the parties 

hereto and shall not be deemed to create any rights in any other person or entity. 

Severability. If any provision or portion of this Agreement shall become invalid or 

unenforceable for any reason, there shall be deemed to be made such minor changes in 

such provision or portion as are necessary to make it valid or enforceable. The invalidity 

or unenforceability of any provision or portion hereof shall not affect the validity or 

enforceability of the other provisions or portions hereof.

-- 

5.9 Counterparts. This Agreement may be executed in any number of counterparts, each of 

which shall be deemed an original, but all of which shall constitute one instrument. 

5.10 Cautions. The captions of this Agreement are for convenience only and are not a part of 

this Agreement and do not in any way limit or amplify the provisions of this Agreement. 

5.1 1 Interpretation. Whenever the context of any provision shall require it, the singular 

number shall include the plural number, and vice-versa, and the use of any gender shall 

include any other or all genders as used in this Agreement. This Agreement has been 

negotiated at arms length. Any rule of law or legal decision that requires interpretation of 

ambiguities against the drafting party is not applicable and is hereby waived. The 

provisions of this Agreement shall be interpreted in a reasonable manner to effect the 

purpose of the parties to this Agreement. 

5.12 Prevailing Partv Entitled to Attorneys' Fees and Costs. With regard to any legal disputes 

arising out of or related to this Agreement, the prevailing party shall receive from the 

non-prevailing party (ies) all reasonable legal fees, costs, charges, and expenses incurred, 

including reasonable attorneys' fees, whether from the initial request for redress or 

through trial, appeal, and collection. 

5.13 Waiver of Comuliance. Except as otherwise provided in this Agreement, any breach by a 

party may only be waived by the other party in a written instrument signed by the 

waiving party. Such waiver shall not operate as a waiver of, or estoppel with respect to, 

any subsequent or other breach. 

5.14 Avulicable Law and Courts. This Agreement shall be governed by the internal laws of 

the State of Texas (without regard to conflict of laws or similar concepts). 

5.15 Cooveration. The parties agree to cooperate and execute all documents to implement and 

carry out the provisions of this Agreement. 

IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the day and year 

first above written. 

DOCT S 

By: 

Name: 

Title: Chief Executive Mficer 

El METRO 

By: 

Name: 

Title:

Date: 


CITY COUNCIL COMMUNICATION 

SUBJECT: FINAL READING OF ORDINANCE NO 2009-0-044 

AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE 

AGREEMENT BY AND BETWEEN THE LAREDO TRANSIT MANAGEMENT, 

INC., (EL METRO) AND BRINGING EVERYONE SPECIAL TOGETHER 

(BEST) TIME BANK, A TEXAS NON-PROFIT CORPORATION, FOR THE 

LEASE OF ONE HUNDRED THIRTY SIX (136) SQ.FT. OF BUILDING SPACE 

AT THE LAREDO TRANSIT CENTER LOCATED AT 1301 FARRAGUT 

STREET, SECOND FLOOR (WEST) FOR A MONTHLY SUM OF TWO 

HUNDRED SIXTY-FIVE DOLLARS ($265.00) FOR A TERM ON ONE (1) 

YEAR COMMENCING ON JANUARY 1, 2009 WITH THE OPTION TO 

RENEW FOR AN ADDITIONAL TWELVE (12) MONTHS COMMENCING AT 

I THE EXPIRATION OF THE INITIAL LEASE-TERM OF DECEMBER 31,2009. I 

, 

STAFF SOURCE: 

Feliciano Garcia Jr., LTMI General Manager 

INITIATED BY: 


1 PREVIOUS BOARD ACTION: 

I 

BACKGROUND: 

The lease agreement by and between the Laredo Transit Management, Inc., and Bringing Everyone 

Special Together (BEST) will be for the term of one(1) year commencing on January 1,2009 and 

ending on December 3 1,2009, with option to renew for an additional 12 months. 

This new lease agreement is for the monthly rate from $265.00 for the lease space of 136 sq ft. The 

lease space will be used for office use only. BEST Time Bank will be responsible for only telephone 

FINANCIAL: 

Monthly rent shall be $265.00 based on 136 square feet at $1.9486 per square foot. 

Lessee shall be responsible for telephone services. 

I Rental fee shall be deposited into account number 518-5450-361-1012lTransit Center Rent. 



Staff recommends approval of this ordinance.


AUTHORIZING THE CITY MANAGER TO ENTER INTO A 

LEASE AGREEMENT BY AND BETWEEN THE LAREDO 

TRANSIT MANAGEMENT, INC., (EL METRO) AND 

BRINGING EVERYONE SPECIAL TOGETHER (BEST) TIME 

BANK, A TEXAS NON-PROFIT CORPORATION, FOR THE 

LEASE OF ONE HUNDRED THIRTY SIX (136) SQ.FT. OF 

BUILDING SPACE AT THE LAREDO TRANSIT CENTER 

LOCATED AT 1301 FARRAGUT STREET, SECOND FLOOR 

(WEST) FOR A MONTHLY SUM OF TWO HUNDRED SIXTY- 

FIVE DOLLARS ($265.00) FOR A TERM ON ONE (1) YEAR 

COMMENCING ON JANUARY 1, 2009 WITH THE OPTION 

TO RENEW FOR AN ADDITIONAL TWELVE (12) MONTHS 

COMMENCING AT THE EXPIRATION OF THE INITIAL 

LEASE TERM OF DECEMBER 3 1,2009. 

WHEREAS, the BEST TIME BANK, hereinafter called "Lessee" convenants and agrees to 

pay Laredo Transit Management, Inc., hereinafter called "Lessor" as rent for the said premises in the 

sum of two hundred sixty five ($265.00) monthly; and 

WHEREAS, the BEST TIME BANK will lease 136 sq ft of building office space located on 

the 2nd floor West of the Transit Center Facility located at 1301 Farragut Street ; and 

WHEREAS, The lease agreement shall be for the term of (1) year commencing on January 

1,2009 and ending on December 3 1,2009. 

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 

LAREDO, TEXAS: THAT 

Section 1. That it hereby authorizes the City Manager to execute a lease agreement, by and between 

the Laredo Transit Management, Inc., as "Lessor" and the BEST Time Bank, as "Lessee" for lease 

building space containing 136 square feet at the Laredo Intermodal Transit Center located at 1301 

Farragut (West). The contract term is for one (1) year commencing on January 1, 2009 for the 

monthly fee of $265.00. 

Section 2. This ordinance shall become effective upon the passage hereof.


DAY OF 2009. 

ATTEST: 

RAUL SALINAS 

MAYOR 




BY: 

RAUL CASSO 

CITY ATTORNEY

v 

FLMFTRO Laredo Transit Management Inc. 

Commercial Lease 

Agreement F orrn 

This lease is made between Best Time Bank, herein called Lessor, and Laredo Transit 

Management Inc., herein called Lessee. 

Lessee hereby offers to lease from Lessor the premises situated at 1301 Farragut St. Laredo 

Texas 78040 

upon the following TERMS and CONDITIONS. 

1. Term and Rent. Lessor demises the above premises for a term of one (1) year, commencing on 

Januaw 1, 2009 and terminating on December 31, 2009, or sooner as provided herein at the 

annual rental of $3,180.00 Dollars ($ 265.00 ) payable in equal installments in advance on the 

fxst day of each month for that month's rental, during the term of this lease. All rental payments 

shall be made to Lessor, at the address specified above. 

2. Use. Lessee shall use and occupy the premise for the purpose of Office use only . The 

premises shall be used for no other purpose. Lessor represents that the premises may lawfully be 

used for such purpose. 

3. Care and Maintenance of Premises. Lessee acknowledges that the premises are in good order 

and repair, unless otherwise indicated herein. Lessee shall, at his own expense and at all times, 

maintain the premises in good and safe conditions, including plate glass, electrical wiring, 

plumbing and heating installations and any other system or equipment upon the premises, and 

shall surrender the same at termination hereof, in as good condition as received, normal wear and 

tear excepted. Lessee shall be responsible for all repairs required, excepting the roof, exteriors 

walls, structural foundations, and: 

4. Alterations. Lessees shall not, without first obtaining the written consent of Lessor, make any 

alterations, additions, or improvements, in, to or about the premises.

5. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and requirements 

of all municipal, state and federal authorities now in force or which may hereafter be in force, 

pertaining to the premises, occasioned by or affecting the use thereof by Lessee. 

6. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the 

premises without prior written consent of the Lessor, which shall not be unreasonably withheld. 

Any such assignment or subletting without consent shall be void and, at the option of the Lessor, 

may terminate this lease. 

7. Utilities. All applications and connections for necessary utility services on the demised 

premises shall be made in the name of Lessee only, and Lessee shall be solely liable for utility 

charges as they become due, including those for sewer, water, gas and electricity. The Lessor 

shall be responsible for telephone service. 

8. Entry and Inspection. Lessee shall permit Lessor or Lessor's agents to enter upon the premises 

at reasonable times and upon reasonable notice, for the purposes of inspecting the same, and will 

permit Lessor at any time within sixty (60) days prior to the expiration of this lease, to place 

upon the premises any usual: To Let" or "for Lease" sings, and permit persons desiring to lease 

the same to inspect the premises thereafter. 

9. Possession. If Lessor is unable to deliver possession of the premises at the commencement 

hereof, Lessor shall not be liable for any rent until possession is delivered. Lessee may terminate 

this lease if possession is not delivered within 10 days of the commencement of the term hereof. 

10. Indemnification of Lessor. Lessor shall not be liable for any damage or injury to Lessee, or 

any other person, or to any property, occurring on the demised premises or any part thereof, and 

Lessee agrees to hold Lessor harmless from any claim for damages, no matter how caused, 

11. Insurance. Lessee, at his expense, shall maintain plate glass and public liability insurance 

including bodily injury and property damage insuring Lessee and Lessor with minimum coverage 

as follows: 

Lessee shall provide Lessor with a Certificate of Insurance Showing Lessor as additional insured. 

The Certificate shall provide for a ten-day written notice to Lessor in the event of cancellation or 

material change of coverage. The insurance should be for the maximum extent permitted by 

insurance policies which may be owned by Lessor or Lessee, Lessee and Lessor, for the benefit 

of each other, waive any and all rights of subrogation which might otherwise exist. 

12. Eminent Domain. If the premises or any part thereof or any estate therein, or any other part 

of the building materially affecting Lessee's use of the premise, shall be taken by eminent 

domain, this lease shall terminate on the date when title vests pursuant to such taking. The rent, 

and any additional rent, shall be apportioned as of the termination date, and any rent paid for and 

period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any part of the 

award for such taking or any payment in lieu thereof, but Lessee may file claim for any taking of 

fixtures and improvements owned by Lessee, and for moving expenses.

13. Destruction of Premises. In the event of a partial destruction of the premises during the term 

hereof, from any cause, Lessor shall forthwith repair the same, provides that such repairs can be 

made within sixty (60) days under existing governmental laws and regulations, but such partial 

destruction shall not terminate this lease, except that Lessee shall be entitled to proportionate 

reduction of rent while such repairs are being made, based upon the extent to which making the 

repairs cannot be made within sixty (60) days, this lease may be terminated at the option of 

either party. In the event that the building in which the demised premises may be situated is 

destroyed to an extent of not less than one-third of the replacement cost, Lessor may elect to 

terminate this lease whether the demised premises be injured or not. A total destruction of the 

building in which the premises may be situated shall terminate this lease. 

14. Lessor's Remedies on Default. If Lessee defaults in the payment of rent, or any additional 

rent, or defaults in the performance of any of the other covenants or conditions hereof, Lessor 

may give Lessee notice of such default and if Lessee does not cure any such default within fifteen 

15 days, after the giving of such notice (or if such other default is of such nature that is 

cannot be completely cured within such period if Lessee does not commence such curing within 

such fifteen 15 days and thereafter proceed with reasonable diligence and in good faith to 

cure such default), then Lessor may terminate this lease on not less than thirty 30 days' 

notice to Lessee. On the date specified in such notice the term of this lease shall terminate, and 

Lessee shall then quit and surrender the premises to Lessor, but Lessee shall remain liable as 

hereinafter provided. If this lease shall have been so terminated by Lessor, Lessor may at any 

time thereafter resume possession of the premises by any lawful means and remove Lessee or 

other occupants and their effects. No failure to enforce any term shall be deemed a waiver. 

15. Security Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum of 

n/a Dollars ($ n/a ) as security deposit for the performance of Leessee's obligations 

under this lease, including without limitation the surrender of possession of the premises to 

Lessor as herein provided. If Lessor applies any part of the deposit to cure any default of Lessee, 

Lessee shall on demand deposit with Lessor the amount so applies so that Lessor shall have the 

full deposit on hand at all times during the term of this lease. 

16. Tax Increase. In the event there is any increase during any year of the term of this lease in the 

City, County or State real estate taxes over and above the amount of such taxes assessed for the 

tax year during which the term of this lease commences, 

whether because of increased rate or valuation, Lessee shall pay to Lesser upon presentation of 

paid tax bill and amount equal to nla % of the increase in taxes upon the land and building 

in which the leased premises are situated. In the event that such taxes are assessed for a tax year 

extending beyond the term of the lease, the obligation of Lessee shall be proportionate to the 

portion of the lease term included in such year. 

17. Common Area Expenses. In the event the demised premises are situated in a shopping center 

or in a commercial building in which there are common areas Lessee agrees to pay his pro-rata 

share of maintenance, taxes, and insurance for the common are.

18. Attorney's Fees. In case suit should be brought for recovery of the premises, or for any sum 

due hereunder, or because of any act which may arise out of the possession of the premises, by 

either party, the prevailing party shall be entitled to all cost incurred in connection with such 

action, including reasonable attorney's fee. 

19. Notices. Any notices from either party shall be given in writing by certification mail. 

20. Option to renew. Provided that Lessee is not in default in the performance of this lease, 

lessee shall have the option to renew the lease for an additional term of twelve (12) months 

commencing at the expiration of the initial lease term. All of the terms and conditions of the 

lease shall apply during the renewal term except that the monthly rent shall be the sum of 

$ 265.00 . The option shall be exercised by written notice given to Lessor not less than 

60 days prior to the expiration of the initial lease term. If notice is not given in the manner 

provided herein within the time specified, this option shall expire. 

21. Subordination. This lease is and shall be subordinated to all existing and future liens and 

encumbrances against the property. 

22. The Lessee will be furnished with a copy of the Federal Transit Administration Best Practices 

Procurement Manual as per Federal Transit Administration requirements. (Master Agreement 

between FTA & Laredo Transit Management Inc.) 

23. Entire Agreement. The foregoing constitutes the entire agreement between the parties and 

may be modified only in writing signed by both parties. The following Exhibits, if any, have 

been made apart of this lease before the parties' execution hereof. 

Signed this day of , 20 

Lessor: 

Lessee:


DATE: 

311 6/09 

INITIATED BY: 

SUBJECT: RESOLUTION NO. 2009-R-005 

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH 

LAREDO COMMUNITY COLLEGE FOR ECONOMIC DEVELOPMENT 

SERVICES, INCLUDING BUT NOT LIMITED TO STRATEGIC PLANNING; 

MARKETING PLAN; TOURISM IMPACT STUDY; CREATION OF A 

COMMUNITY SOCIO-DEMOGRAPHIC DATABASE FOR INTERNATIONAL 

TRADE; DEMOGRAPHIC STUDY; AND DATA COLLECTION ASSESSMENT 

FOR WORKFORCE AND BUSINESS RETENTION AND EXPANSION PLAN; 

THE INITIAL COST IS $75,000.00, FOR A TERM OF ONE YEAR. FUNDING 

IS AVAILABLE IN THE GENERAL FUND. 

STAFF SOURCE: 

Jesus M. Olivares, Assistant City Manager 

Valeria M. Acevedo, Asst. City Attorney 

PREVIOUS COUNCIL ACTION: In early 2008, City Council instructed the city manager to work 

with LCC to prepare an economic development services agreement. 

BACKGROUND: 

The Laredo Community College, through its Economic Development Center, is interested in 

providing these type of service to the City of Laredo. 


Funding is available in the Economic Development Department - Consultant Fees account 101- 

7500-513-5526. A transfer of funds will be made from the Regular Salaries in the Economic 

Development Department. 



N/A

RESOLUTION 2009-R-005 

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT 

WITH LAREDO COMMUNITY COLLEGE FOR ECONOMIC DEVELOPMENT 

SERVICES, INCLUDING BUT NOT LIMITED TO STRATEGIC PLANNING; 

MARKETING PLAN; TOURISM IMPACT STUDY; CREATION OF A 

COMMUNITY SOCIO-DEMOGRAPHIC DATABASE FOR INTERNATIONAL 

TRADE; DEMOGRAPHIC STUDY; AND DATA COLLECTION 

ASSESSMENT FOR WORKFORCE AND BUSINESS RETENTION AND 

EXPANSION PLAN; THE INITIAL COST IS $75,000.00, FOR A TERM OF 

ONE YEAR. FUNDING IS AVAILABLE IN THE GENERAL FUND. 

WHEREAS, College EDC is interested in assisting City in providing the community of 

Laredo with such services and projects as are deemed desirable by City relating to the promotion 

of new and expanded business enterprise services and specifically such projects and programs 

defined and referred to herein; and 

WHEREAS, City has available certain funds that may be spent by City to promote and 

finance projects and economic programs provided by the College EDC as part of their authorized 

purposes; and 

WHEREAS, City has determined that its potential to stimulate economic activity for new 

and incumbent business enterprises is directly linked to the alignment of workforce, economic, 

and community development efforts which can be generated by the College EDC services, 

supporting the City's strategic development and economic growth. 

NOW, THEREFORE, BE IT RESOLVED, that the City of Laredo City Council does 

hereby authorize the city manager to execute the Economic Development Service Agreement 

with the Laredo Community College Economic Development Center, attached hereto as Exhibit 

A, and incorporated herein as if set out at length. 

PASSED AND APPROVED THIS DAY OF January, 2009. 


ATTEST: 




m e r i a M. Acevedo 

p Asst. City Attorney

AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICE 

BETWEEN 

LAREDO COMMUNITY COLLEGE AND CITY OF LAREDO 



BASIC AGREEMENT 

THIS AGREEMENT, entered into on this day of I 

2009, by and between the City of Laredo, located in Webb County, Texas, 

(hereinafter called "City") and Laredo Community College through the Laredo 

Community College Economic Development Center (hereinafter "College EDC") 

services. 

WITNESSETH THAT: 

WHEREAS, College EDC is interested in assisting City in providing the 

community of Laredo with such services and projects as are deemed desirable 

by City relating to the promotion of new and expanded business enterprise 

services and specifically such projects and programs defined and referred to 

herein; and 

WHEREAS, City has available certain funds that may be spent by City to 

promote and finance projects and economic programs provided by the College 

EDC as part of their authorized purposes; and 

WHEREAS, City desires to contract specific projects of College EDC that 

will benefit the citizens of the City of Laredo, Texas; and 

WHEREAS, City has determined that its potential to stimulate economic 

activity for new and incumbent business enterprises is directly linked to the 

alignment of workforce, economic, and community development efforts which 

can be generated by the College EDC services, supporting the City's strategic 

development and economic growth. 

NOW, THEREFORE, for the mutual covenants and promises contained in 

this Agreement, the parties hereto agree as follows: 

SECTION I. 

STATEMENT OF WORK 

College EDC agrees to render the services and implement one or more of 

the programs described in Exhibit A attached hereto and incorporated herein as 

selected by City Council through formal action (motion). In providing the services

hereunder, College EDC shall be acting as an independent contractor, subject to 

the specific terms of this Agreement. 

College EDC shall not begin providing services under this Agreement until 

the services have been selected by City Council. City Council can request 

additional services from College EDC during the term of this Agreement through 

formal action. 

Within thirty (30) days after the City Council selects any of the services 

being offered, the College EDC and the City Manager or his designee, will jointly 

draft a specific work plan of services, obligations, commitments, and timelines 

College EDC will provide and follow under this Agreement. 

In consideration of providing such services in the quantity and quality 

represented by College EDC, the City shall make timely payments to College 

EDC as provided in this Agreement. 

SECTION II. 

PERFORMANCE STANDARDS 

The College EDC shall, while working with the City in providing the 

services in Exhibit A of this Agreement, meet performance standards described 

and set out in the Goals and Objectives attached hereto and made a part of this 

Agreement as Exhibit B-Goals and Objectives. 

SECTION Ill. 

TERMINATION 

Either party may terminate this Agreement at any time and for any reason 

upon giving thirty (30) days written notice to the other party. The party electing to 

terminate this Agreement must deliver written notice of termination to the other 

party by certified mail, return receipt requested to the address listed in this 

agreement. 

SECTION IV. 

NO PARTNERSHIP OR JOINT VENTURE 

City and its employees are not entitled to benefits of any kind to which 

College EDC employees are entitled, including, but not limited to, unemployment 

compensation, workers' compensation, health insurance or retirement benefits. 

This Agreement does not create a partnership or a joint venture between the 

parties hereto, nor does it authorize either party to serve as the legal 

representative or agent of the other. Neither party will have any right or authority 

to assume, create, or incur any liability or any obligation of any kind, express or 

implied, against or in the name of or on behalf of the other party. College EDC

and its employees are not entitled to benefits of any kind to which City 

employees are entitled, including, but not limited to, unemployment 

compensation, workers' compensation, health insurance or retirement benefits. 

SECTION V. 

TERM OF AGREEMENT 

The term of this Agreement shall commence on the 1' day of 

, 2009, and shall continue in full force and effect for one (1) year 

until 

30, 2010. Such date will be determined upon execution of 

this agreement. 

SECTION VI. 

CONSIDERATION & PAYMENT 

Subject to compliance with the provisions of Sections I and II of this Agreement, 

the City agrees to pay College EDC not more than $75,000.00 for services 

provided by the College EDC during the term of this Agreement, to be paid as 

follows: On a monthly basis, the College EDC will bill the City the amount due for 

each service the City selects in accordance with the fees listed in Exhibit B. The 

amount billed per month for each service will be calculated by dividing the 

amount due for said service by the total number of months College EDC will take 

to deliver and complete the service. 

The City shall pay the College EDC for the services provided not later than the 

30th day after the end of each month. Such written request for payment shall 

include: 

1. A statement describing the services rendered, during the previous 

month; 

2. the amount being requested. 

SECTION VII. 

AUDIT 

College EDC agrees to furnish City with individual applicable audits as 

applicable, certified by a certified public accountant covering the term of this 

Agreement with receipts and disbursements of the payments to College EDC 

hereunder if such process is required. College EDC agree to require any such 

auditor to cooperate with City relating to any inquiries by College EDC as to the 

provisions of such audit. City may conduct service and/or expenditure audits 

during the term or for one year after the expiration date hereof. College EDC 

agree to furnish any records requested by City and to otherwise cooperate with 

City in relation to any inquiries made by City in any City audit hereunder.

SECTION VIII. 

CONFLICT OF INTEREST 

No officer or employee of the City and no member of the City's governing 

body and no employee of the College EDC and no member of the College EDC's 

governing board and no person who exercises any function or responsibilities in 

the review or approval of the undertaking or carrying out of this Agreement shall 

participate in any decision relating to this Agreement which affects his personal 

pecuniary interest. 

SECTION IX. 

INDEMNIFICATION 

To the extent permitted by Article XI, Section 7 of the Texas Constitution, 

and with the mutual understanding that College EDC is a political subdivision of 

the State of Texas and that an indemnity obligation cannot be paid from current 

revenues and that no order, resolution, tax nor interest and sinking funds has 

been set, adopted or established for payment of this indemnity obligation, and 

without expanding College EDC's liability beyond the statutory limits of the Texas 

Tort Claims Act or under existing law, and furthermore, without waiving College 

EDC's immunity beyond the scope of that allowed by the Texas Tort Claims Act 

or existing law, College EDC shall indemnify and hold harmless City and City's 

officers, agents, and employees, and assigns from all suits, actions, damages, 

demands or other claims of any character brought for or on account of injury to a 

person or property arising solely from College EDC's own acts of negligence or 

willful acts in carrying out its obligations under this Agreement. 

To the extent permitted by Article XI, Section 7 of the Texas Constitution, 

and with the mutual understanding that City is a political subdivision of the State 

of Texas and that an indemnity obligation cannot be paid from current revenues 

and that no order, resolution, tax nor interest and sinking funds has been set, 

adopted or established for payment of this indemnity obligation, and without 

expanding City's liability beyond the statutory limits of the Texas Tort Claims Act 

or under existing law, and furthermore, without waiving City's immunity beyond 

the scope of that allowed by the Texas Tort Claims Act or existing law, City shall 

indemnify and hold harmless College EDC and College EDC's officers, agents, 

and employees, and assigns from all suits, actions, damages, demands or other 

claims of any character brought for or on account of injury to a person or property 

arising solely from City's own acts of negligence or willful acts in carrying out its 

obligations under this Agreement. 

SECTION X. 

INSURANCE

The College EDC shall maintain such insurance as will protect the College EDC 

from claims for damages because of bodily injury including death, and from 

claims for damage to property which may arise out of and during the conduct of 

the College EDC1s business, series and activities. To this end, the College EDC 

shall have and keep in effect during the entire term of this Agreement, public 

liability and property damage insurance as per the Texas Civil Practice and 

Remedies Code. A copy of the certificate of insurance reflecting coverages is 

included as Exhibit C. Any failure of the College EDC to maintain the specified 

insurance coverage during the term of this Agreement shall result in automatic 

termination of the Agreement. 

SECTION XI. 

EQUAL OPPORTUNITY 

A. Non-Discrimination. The College EDC agrees that no person shall be 

excluded from or denied the benefits of or be subjected to discrimination under 

any program or activity of the College EDC, on the grounds of race, religion, 

national origin, color, sex, physical handicap, political affiliation, age, or familial 

status. 

B. No segregated Facilities. The College EDC certifies that all employee 

facilities under its control are provided in a manner that segregation, whether by 

habit, local custom, or otherwise, and whether on the basis of religion, color, 

handicap, age, sex, national origin, political affiliation, or familial status, cannot 

occur. Further the College EDC certifies that it will not assign or permit 

employees to perform services at any location under its control where facilities 

are segregated. 

C. Employment. The College EDC will not discriminate against any 

employee or applicant for employment because of race, religion, color, handicap, 

age, sex, national origin, political affiliation, or familial status and will take 

affirmative action to ensure that applicants are employed and that employees are 

treated during employment, without regard to any of the same factors. Moreover, 

the College EDC will state in all solicitations or advertisements for employees 

that all qualified applicants will receive consideration for employment without 

regard to the factors listed above. 

SECTION XI!. 

DEFAULT 

Any signatory party to this Agreement, who because of the other party's 

breach hereof institutes any legal proceedings in relationship to this Agreement, 

and who should prevail in any such legal proceedings, shall be entitled to recover 

court costs and reasonable attorney's fees from any non-prevailing party.

SECTION XIII. 

VENUE AND REMEDIES 

Venue in any suit, right or cause of action arising under or in connection 

with this Agreement shall lie exclusively in Webb County, Texas. This Agreement 

shall be governed, interpreted and enforceable according to the laws of the State 

of Texas. In addition to any other remedy available by law, it is specifically 

provided that either party hereto may enforce this Agreement by specific 

performance in a court of competent jurisdiction. 

SECTION XIV. 

NOTICES 

Notices to the parties hereto required or appropriate under this Agreement 

shall be deemed sufficient if in writing and mailed by certified mail, return receipt 

requested, postage prepaid, addressed to: 

To Colleqe EDC: 

Mr. Blas Castaneda 

West End Washington Street 


To Citv of Laredo: 

Mr. Carlos R. Villarreal 

City Manager 

1 11 0 Houston St. 


SECTION XV. 

ENUMERATION OF CONTRACT DOCUMENTS 

This Agreement shall be in accordance with and subject to the provisions 

of all documents enumerated herein or which may be attached hereto by mutual 

consent of the contracting parties at any future date, and are herby made a part 

of this Agreement unless otherwise provided for. This Agreement contains the 

entire agreement of the parties and cannot be changed except by express written 

agreement. The Agreement documents so enumerated are: 

Exhibit A- Scope of Work 

Exhibit B- Goals and Objectives 

Exhibit C-Certificate of Insurance 

IN WITNESS THEREOF, City and College EDC have executed multiple 

originals of this Contract on the date appearing by their signature.

LAREDO COMMUNITY COLLEGE 

By: 

Blas Castaiieda 

Chief External AffairsIEconomic 

Development Officer 

Date signed: 


By: 

Carlos R. Villarreal 

City Manager 

Date signed: 

ATTEST: 





By: 

Valeria M. Acevedo 


Exhibit A. Scope of Work 

College EDC approach is based on our understanding of your needs and on our 

institution's experience with economic development as it relates to support service of our 

city. We have made the project's scope and pricing scalable. 

Service Solutions 

I. Strategic Development Framework (SDF) 

Development and maintenance of a Strategic Development Framework Plan built upon 

conducting a series of sessions with community leaders and stakeholders in the core 

subsystems (industries/clusters) for the City of Laredo. This framework will provide a 

dynamic model to use as a road map for a 5 to 10 year strategic plan that can be 

incorporated into the city's master plan. 

a. Strategic Development Workshops with all relevant 

stakeholders. 

$1 3,000 

Deliverables: 

Framework including Mission Statement, Vision Statement, 

Goals, and Objectives. 

Action items, implemer.tation timeline and performance metrics 

for accomplishing the Strategic Plan. 

b. Full Strategic Development Framework 

$95,000 

Deliverable s: 

Framework including Mission Statement, Vision Statement, 

Goals, and Objectives, Strategies and tactics. All interviews, 

Focus groups, workshops and research will be incorporated into 

a well designed and easy to use and update, implementable 

plan, 

II. 

Demographic and Analysis System (DAS) 

- 

Community socio-demographic database to be utilized as an information clearinghouse 

for economic development. (Asset Mapping, Gap analysis report, Cluster analysis, 

Workforce analysis, Survey of business climate, Community profile at a District Level) 

a. Development 

$25,000 

Deliverables: 

Identification and creation of the metrics and critical information 

for economic and community development decision making 

purposes. 

b. Maintenance 

eliverables: 

$45,000 /year 

- 

Page 1 of 3

Keep and maintain the consistency of information in the system; 

update information periodically. 

Ill. Assess Viability Of Existing Business Retention, Expansion And 

Recruitment Strategies And Submit Target Industry Recommendations 

Target Industry Analysis Report 

$25,000 

Deliverables: 

Detailed target profiles that examine audience trends, niche 

sectors, and supplier base for those industries that are the best 

fit for the region. 

IV. Marketing Plan 

$30,000 

De fiverables: 

Initial Assessment, Recommendations report based on (SDF 

and DAS), concept and content Development of Marketing 

Collateral that will appeal to target audiences (community 

profile, key industry profiles) 

fl. Business Retention and Expansion Program 

a. Development of Business Retention and Expansion 

Program 

$14,000 

Delivera bles: 

Fully design and ready ro implement program (turn key solution). 

Mission, goals, objectives, strategies and tactics, operational 

process and performa~ce evaluation, survey tools, techniques, 

and staff training. 

b. Operation of Business Retention and Expansion Program 

$25,0001 year 

Delivera bles: 

Management of program, data gathering, compilation, one-one 

interviews with a sample size of 100 firms and organizations. 

PI. Develop Regional Benchmarks 

$10,500 

Deliverables: 

Identification of 3-4 benchmark communities, compile track 

record, development and trends over a year. Provide nationall 

international perspective. 

Page 2 of 3

Support d Assistance Programs: 

a. Export Assistance $ 

A b. Entrepreneurship Development Program $100,000/ IS' year 

Page 3 of 3

Exhibit B. Goals and Objectives 

Understanding Local Economic Development Needs 

Laredo is experiencing the effects of globalization. How these global systemic 

changes affect the Laredo community can be tracked and analyzed. Data gathering 

-. techniques and data analysis methodotogies can yield informative and comprehensive 

reports that can be used for strategic planning that can begin to addresses the regional 

future of this community from a global perspective. 

Laredo Community College - Economic Development Center (College EDC) 

main goal will be to provide information and deliver services that will assist in the 

economic development planning of the City of Laredo and enhance the competitiveness 

of our community in the global market. 

The College EDC aims to play a key role in helping the City develop the right 

factors for attracting and retaining businesses and in helping new businesses start up 

and grow. 

Key Goals 

- Support the decision making process at the City of Laredo regarding 

economic development opportunities and challenges. 

- Enhance the capacity building efforts for the City of Laredo. 

- Increase the number of talent development initiatives in the City of Laredo. 

Key Objectives 

In conjunction with the City team, College EDC will deliver services and establish 

programs that: 

Help conduct a comprehensive Strategic Planning process that provides a 

framework for shaping a global competitive community. 

Assist Incumbent businesses. 

Create a climate for investment and entrepreneurship. 

Maintain high and stable levels of employment. 

Ensure that developments contribute to sustainable communities. 

Encourage enterprise and innovation. 

Raise the skills of the workforce. 

Service Solutions 

The list of service solutions proposed consists of: 

I. Strategic Development Framework (SDF) 

Development and maintenance of a Strategic Development Framework Plan built 

upon conducting a series of sessions with community leaders and stakeholders in the 

core subsystems (industries/clusters) for the City of Laredo. This framework will provide 

Page 1 of 2

a dynamic model to use as a road map for a 5 to 10 year strategic plan that can be 

incorporated into the city's master plan. 

a. Strategic Development Workshops with a relevant stakeholder 

b. Full Strategic Development Framework. 

11. Demographic and Analysis System (DAS) 

Community socio-demographic database to be utilized as an information 

clearinghouse for economic development. (Asset Mapping, Gap analysis report, Cluster 

analysis, Workforce analysis, Survey of business climate, Community profile at a District 

Level) 

a. Development. 

b. Maintenance. 

Ilf. Assess Viability of Existing Business Retention, Expansion and Recruitment 

Strategies and Submit Target Industry Recommendations. 

Target Industry Analysis Report. 

IV. 

Marketing Plan. 

V. Business Retention and Expansion Program. 

a. Development of Business Retention and Expansion Program. 

b. Operation of Business Retention and Expansion Program. 

VI. 

Develop Regional Benchmarks. 

Support & Assistance Programs 

a. Export Assistance. 

b. Entrepreneurship Development Program. 

Page 2 of 2

. . . . .' . 

Exhibit C - Certificate of Insurance 

TASB Risk Management Fund 

Laredo Community College Contribution and Coverage Summary 

ThePROGRAM PARTICIPANT adopts'those coverages, limits and 

. . ........... deductibles as indicated below: 

........:. ..==================================================== 

. . ... .: 

. , 

. ..:i,,. 

. . . . 

. 

i 

. . , . . LIMITS ADOPTED 

. . 

...... -_-_---------------------4--------------------------------------- 

:. .. 

. . . . DEDUCTIBLE 

.... -d-_--_---I-___-_-_---------------------------------------------- 

": 

.. . .. . .. 

.AUTO LIABILITY 

$100/300/100 

............. 

Bodily Injury and 

Property Damage 

Deductible per 

Occurrence 

----------------------------------------------------------------- 

; '. :. - AUTO PHYSICAL DAMAGE 

. . 

. . . . Deductible per 

... 

. . ..,. 

. . . 

....... 

....... ..... Vehicle 

. . 

' ' .., .. . . 

I-. . 

... ..:. . 

COMPREHENSIVE 

$250 

........ 

. 

... 

. . . . . . 

. . . 

2007 FORD VIN 3354 AND 2007 WELLS CARGO TRAILER VIN 

. . . . 9877 ONLY 

COLLISION $250 

2007 FORD VIN 3354 AND 2007 WELLS CARGO TRAILER VIN 

9877 ONLY 

. . . . ----------------I-------~^------I---_-__I------_ 

. . . . . 

CRIME 

. . $500,000 $ 5,000 

......... 

Limit ger Loss 

. .... 

, ..... ... Deductible PBr . 

. . 

. 

. .. . 

. . . . . Occurrence 

.... . . . . ' -~------------------------------------------^-_------------------ 

. . . . 

. . GENERAL LIABILITY 

. . $1,000,000 Per Occurrence Limit 


$ 1,000 

Occurrence 

Incl PI and EBL 

. . . 

. . . i-------------------------------------------- 

. ' SEXUAL MISCONDUCT CLAIMS ENDORSEMENT 

. . . . 

....... $1,000,000/$1,000,000 $ 25,000 

....... 

. 

. . . . 

.. 

Per Occurrence Limit / 

. . 

. . .: .. Annual Aggregate 

. . .. .. . Deductible per 

........ 

. . . 

3ccurrence 

. . . 

. . . . . . 

. . . . ----------------------------------------------------------------- 

Page 1 of 2

. .. 

. . . . 

. - ... 

. . .. 

+,, . 

., . 

..'.. 

. . . . . . . 

_-_C_------------I-----------------------------------A----------- 

-_-_----------_-_------------------------------------------------ 

,. ..:". -Contract 8240500-080831 Page: 2 

SP -LEGAL LIABILITY 

. . $2,000,000/$2,000,000 

$ 25,000 

." .. Per Occurrence Limit / 

. . .. 

Annual Aggregate 

. . . : 

. ... '.. .. 


. ... 

..: . . : 

Occurrence 

... .. 

. 

.... 

. . 

These limits are subject to sublimits as stated 

. .: 

. . in Sexual Misconduct Claims Endorsement. 

. . ... ... 

, ... 

_________-______-_I----------------------------------------4----- 

. . 

. . 

. . -. . 'Program Participant TASB Risk Management Fund 

. . 

. 

Laredo Community College Property/Casualty 

. . 

. . 

Effective Date 

Expiration Date 

. . 

.. . 

- . . 

. . ... .,.. 

. 

.. ..': ' 240500-080831 

. .. . . 

. ; "Contract Nuinber 

..';.:',i.. In consideration for payment of contribuksds, it is hereby 

.. ... .agreed that the T.9SB Risk Management Fund shall provide coverage 

. 

...'... as stated on the Contribution and.Coverage Summary and subject to 

I . . 

. r . .the terms of the Coverage Document: 

. . 

. . ... . 

. . .. 

.... 

. . . . 

.Print Date: 09/20/2007 

Page 2 of 2

DATE 

3-1 6-09 

INITIATED BY: 




None 

BACKGROUND: 



Declaring the public necessity to acquire the "Surface Only" of two parcels of land 

for the purpose of constructing a parking lot to service the East Hachar Recreation 

Center; said parcels being: Lot 1, Block 2104, (1109 N. Smith Ave.) and Lot 2, Block 

2014, (3213 Guadalupe St.), all being situated in the Eastern Division, City of 

Laredo, Webb County, Texas and described on attached Exhibit "A, and authorizing 

staff to negotiate with owners for the acquisition of said parcels by purchase at market 

value established by a State Certified Real Estate Appraiser, and authorizing the City 

Attorney to initiate condemnation proceedings to acquire said parcel if staff is unable to 

acquire due to inability to agree to a purchase price, conflict of ownership, owner 

refusal to sell, and/or inability to locate a listed owner. Further authorizing relocation 

benefit payments to person(s) who will be displaced as a result of the acquisition of the 

property, in accordance with the provisions of the Uniform Relocation Assistance and 

Real Property Acquisition Act of 1970, as amended. Funding is available in the 34th 

CDBG Action Year. 

STAFF SOURCE: 


The City of Laredo has determined that a need exists to acquire the above-referenced parcels of land to 

alleviate the parking problems within the East Hachar Recreation Center area. 

In order to proceed with this project, it is in the best interest of the City of Laredo to acquire the "Surface 

Only" of the above mentioned parcels of land, as described on attached Exhibit A. 


Funding for this project is available in Account # 21 1-9440-535-1410 


NIA 


Staff recommends approval of Resolution.

RESOLUTION NO. 2009-R-014 

DECLARING THE PUBLIC NECESSITY TO ACQUIRE THE "SURFACE ONLY" OF 

TWO PARCELS OF LAND FOR THE PURPOSE OF CONSTRUCTING A PARKING LOT 

TO SERVICE THE EAST HACHAR RECREATION CENTER; SAlD PARCELS BEING: 

LOT 1, BLOCK 2104, (1109 N. SMITH AVE.) AND LOT 2, BLOCK 2014, (3213 

GUADALUPE ST.), ALL BEING SITUATED IN THE EASTERN DIVISION, ClTY OF 

LAREDO, WEBB COUNTY, TEXAS AND DESCRIBED ON ATTACHED EXHIBIT "A, AND 

AUTHORIZING STAFF TO NEGOTIATE WlTH OWNERS FOR THE ACQUISITION OF 

SAlD PARCELS BY PURCHASE AT MARKET VALUE ESTABLISHED BY A STATE 

CERTIFIED REAL ESTATE APPRAISER, AND AUTHORIZING THE ClTY ATTORNEY 

TO INITIATE CONDEMNATION PROCEEDINGS TO ACQUIRE SAlD PARCEL IF STAFF 

IS UNABLE TO ACQUIRE DUE TO INABILITY TO AGREE TO A PURCHASE PRICE, 

CONFLICT OF OWNERSHIP, OWNER REFUSAL TO SELL, AND/OR INABILITY TO 

LOCATE A LISTED OWNER. FURTHER AUTHORIZING RELOCATION BENEFIT 

PAYMENTS TO PERSON(S) WHO WILL BE DISPLACED AS A RESULT OF THE 

ACQUISITION OF THE PROPERTY, IN ACCORDANCE WlTH THE PROVISIONS OF 

THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION ACT 

OF 1970, AS AMENDED. FUNDING IS AVAILABLE IN THE 34TH CDBG ACTION YEAR. . 

WHERAS, the City of Laredo is in the process of implementing the parking for the East 

Hachar Recreation Center; and 

WHEREAS, there is a public necessity for the City of Laredo to acquire the "Surface Only" 

of the above mentioned parcels of land in order to alleviate the parking problems within the East. 

Hachar Recreation Center area ; and 

WHEREAS, City's staff recommends the acquisition of the "Surface Only" of the above 

referenced three parcels of land , as described in Exhibit A. 

NOW, THEREFORE, BE IT RESOLVED BY THE ClTY COUNCIL OF THE ClTY OF 

LAREDO THAT: 

A. It hereby finds and declares that there is a the public necessity to acquire the 

"Surface Only" of two parcels of land to be used as Parking for the East Hachar 

Recreation Center. Said parcels being: Lot I , Block 2104, (1 109 N. Smith Ave.) and 

Lot 2, Block 2014, (3213 Guadalupe St.), all being situated in the Eastern Division, 

City of Laredo, Webb County, Texas and described on attached Exhibit "A 

B. It authorizes staff to negotiate with the owners for the acquisition of said parcels by 

purchase at market value established by a State Certified Real Estate Appraiser. 

C. It further authorizes the City Attorney to initiate condemnation proceedings to 

acquire said parcel if staff is unable to acquire through negotiations due to inability to 

agree to a purchase price, conflict of ownership, owner refusal to sell, and/or inability 

to locate a listed owner. 

D. It authorizes relocation benefits to be provided to a person(s) who will be displaced 

as a result of the acquisition of the project in accordance with the provisions of the 

Uniform Relocation Assistance and Real Property Acquisition Act.

PASSED BY THE ClTY COUNCIL AND APPROVED BY THE MAYOR ON THIS 

DAY OF MARCH 2009. 


MAYOR 

ATTEST: 




RAUL CASSO 

ClTY ATTORNEY 

By: 

ANTHONY C. MCGETTRICK 


. . 

GUADALUPE 

I 

I 

ST.

DATE: 

311 6/09 


SUBJECT: RESOLUTION NO. 2009-R-016 

Authorizing the City Manager to accept and execute the agreed order docket 

number 2007-1 751-WQ-E and thus entering into the agreed resolution with 

TCEQ in which TCEQ has agreed to decrease the fine from $1 8,755.00 to 

$12,933.00. The incident occurred on August 24, 2007. TCEQ agreed to 

reduce the discharge from 180,000 gallons to 98,000 gallons and has accepted 

that the Zacate Creek WWTP Sanitary Sewer Overflow (SSO) agreed order 

covers the manhole in which the discharge occurred, thereby reducing the 

severity of the discharge and payment for a supplemental environmental 

project not to exceed the amount of $12,933.00 will be paid by the City. 

Funding for the Supplemental Environmental Project is available under the 

Sewer Operating Construction Fund. The funds will provide Septic Tank Sewer 

Service for Laredo and Webb Countv Residents that live on Mines Road. 

INITIATED BY: 


PREVIOUS COUNCIL ACTION: None 

STAFF SOURCE: 

Tomas M. Rodriguez, Jr., P.E., Utilities 

Director 

BACKGROUND: 

In August 2007 the Water Utilities Department was progressing in the repair of a 18" sewer main 

along San Francisco in the completion of sewer line replacement and rehabilitation projects. In the 

process of these repairs and in order to continue sewer service to the customers a pumping system is 

installed that removes sewer from one manhole upstream of the repair and discharges back into the 

collection system into another manhole downstream of the repair. Monitoring of the pumping system 

is undertaken by the sewer division and during the process one hose of the pumping system accidently 

was moved from its position by the pumps actions and a discharge of sewer took place into the Zacate 

Creek. This process was corrected immediately after the problem was revealed. TCEQ was alerted of 

the event and conducted an inspection that resulted in this Enforcement Action. TCEQ has changed 

the violation of the discharge of 180,000 gallons to 98,000 gallons, which reduces the severity of the 

discharge and the failure to provide written notice within 24 hours. 

Furthermore, TCEQ has removed the violation of the manhole at San Francisco & Olive because it 

was in fact covered by the Zacate Creek WWTP SSO Agreed Order 


Funding is available in the Waterworks Construction Fund (Account #559-4240-534.0405) 


Operations Committee 


To approve resolution.

BACKGROUND: 

(CONTINUED) 

The agreed order establishes a fine of $12,933 established by TCEQ and a project described as a 

Supplemental Environmental Project incorporated in the agreement in substitution for the described 

fine. This project involves a pre-approved scope of work established by TCEQ that will provide 

improvements to qualifying septic tanks in the country of Webb as established by TCEQ 

requirements and/or providing for assistance with House-to-Line connections within Webb County 

under review and pending approval by TCEQ. 

We have implemented new procedures incorporated in our daily operations that provides for 

enhanced levels of secured piping as well as 24 hour monitoring of the pumping systems.

RESOLUTION NO. 2009-~-tEf 

AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE THE AGREED 

ORDER DOCKET NUMBER 2007-1751-WQ-E AND THUS ENTERING INTO THE 

AGREED RESOLUTION WITH TCEQ IN WHICH TCEQ HAS AGREED TO 

DECREASE THE FINE FROM $18,755.00 TO $12,933.00. THE INCIDENT 

OCCURRED ON AUGUST 24, 2007. TCEQ AGREED TO REDUCE THE 

DISCHARGE FROM 180,000 GALLONS TO 98,000 GALLONS AND HAS 

ACCEPTED THAT THE ZACATE CREEK WWTP SANITARY SEWER OVERFLOW 

(SSO) AGREED ORDER COVERS THE MANHOLE IN WHICH THE DISCHARGE 

OCCURRED, THEREBY REDUCING THE SEVERITY OF THE DISCHARGE AND 

PAYMENT FOR A SUPPLEMENTAL ENVIRONMENTAL PROJECT NOT TO 

EXCEED THE AMOUNT OF $12,933.00 WILL BE PAID BY THE CITY. FUNDING 

FOR THE SUPPLEMENTAL ENVIRONMENTAL PROJECT IS AVAILABLE UNDER 

THE SEWER OPERATING CONSTRUCTION FUND. 

WHEREAS, on February 24, 2009 the Texas Commission on Environmental Quality 

(TCEQ) proposed the referenced to Agreed Order Docket No. 2007-1751-WQ-E for violations 

resulting from inspections conducted on August 24,2007; and 

WHEREAS, upon final settlement of true violations reduced from initial formal notices 

from TCEQ due to clarification of conditions of the violations; and 

WHEREAS, conditions of the violation occurred due to the ongoing sewer system 

improvements the Utilities Department is conducting; and 

WHEREAS, in lieu of the settlement fine the City shall conduct a pre-approved 

Supplemental Environmental Project in the amount of $12,933.00; and 

WHEREAS, the Utilities Department has modified the methods of construction in these 

replacement projects and therefore reducing the probability of similar accidents occurring in the 

future. 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 


Section 1. It accepts the proposed agreed order Docket No. 2007-1751-WQ-E as presented and 

authorized the City Manager to execute said agreement.

PASSED BY THE CITY COUNCIL AND APPROVED BYT THE MAYOR ON THIS 



MAYOR 

ATTEST: 




RAUL CASSO 

CITY ATTORNEY 

By: 




DATE: 

311 6/09 


Authorizing the City Manager to sign an Interagency Agreement between the City of 

Laredo and Texas Engineering Experiment Station (TEES) through which the City 

will provide $1,624,856.00 to TEES for a 50,000 gallon per day Brackish Water 

Advanced Vapor Compression Desalination Pilot Plant. Funding for this project will 

be through Water Operation Construction Fund through the appropriation of the 

United Water Settlement approved through Ordinance #2009-0-027. 

INITIATED BY: 

Jesus Olivares, Asst. City Manager 

STAFF SOURCE: 

Tomas M. Rodriguez, Jr., P.E. Utilities 

Director 

PREVIOUS COUNCIL ACTION: On August 25, 2008, TEES staff presented information 

regarding the desalination pilot plant. On November 3, 2008, City Council made a motion in 

support of this proposal by TEES. On March 2, 2009 Ordinance #2008-0-027 was approved by 

City Council appropriating $1,624,856 from the United Water Settlement to pay for the inter local 

agreement with the Texas Engineering Experiment Station. 

BACKGROUND: 

Advanced vapor compression is relatively new technology with its base technology developed 

around licensed technology originating from the Texas A&M University System. According to the 

TEES proposal narrative number 08-1 135, entitled Brackish Water Advanced Vapor Compression 

Desalination Pilot Plant, TEES is requesting $1,624,856.00 for this pilot plant project. The 

agreement consists of design, construction and installation of a 50,000 gallon per day brackish water 

advanced vapor compression desalination plant at a city plant to be designated by the Utilities 

Director. TEES will subcontract with TERRABON, LLC to provide test systems and production 

systems for the pilot plant in Laredo. TERRABON will assist the city and TEES in the installation 

and operation of the plant. 


Funding for this project will be through Water Fund Operational Construction Account 557-4150- 

538-0387 




Recommends approval of resolution.

RESOLUTION 2009-R-020 

AUTHORIZING THE CITY MANAGER TO SIGN AN INTERAGENCY 

AGREEMENT, ATTACHED HERETO AS EXHJBIT A, BETWEEN THE 

CITY OF LAREDO AND TEXAS ENGINEERING EXPERIMENT STATION 

(TEES) THROUGH WHICH THE CITY WILL PROVIDE $1,624,856.00 TO 

TEES FOR A 50,000 GALLON PER DAY BRACKISH WATER ADVANCED 

VAPOR COMPRESSION DESALINATION PILOT PLANT. FUNDING FOR 

THIS PROJECT WILL BE THROUGH WATER OPERATION 

CONSTRUCTION FUND THROUGH THE APPROPRLATION OF THE 

UNITED WATER SETTLEMENT APPROVED THROUGH ORDINANCE 

#2009-0-027. 

WHEREAS, the City of Laredo has long been looking for an alternative source of drinlung water 

in addition to the Rio Grande River; and 

WHEREAS, advanced vapor compression is relatively new technology with its base 

technology developed around licensed technology originating from the Texas A&M University 

System; and 

WHEREAS, the City of Laredo would be the first city to demonstrate ths desalination technology 

at the pilot plant scale, thereby placing the City first in line for a commercial scale plant; and 

WHEREAS, Terrabon, LLC, has informed the City Council that as a reward for being the first 

city willing to fund this project, Terrabon, LLC, is willing to negotiate an attractive licensing contract the 

investment by the City of Laredo; and 

WHEREAS, the City Council finds that this project is in the best interests of the City. 

NOW, THEREFORE, BE IT RESOLVED, that the City of Laredo City Council does hereby 

authorize the city manager to sign Interagency Agreement, attached hereto as Exhibit A, between the 

City of Laredo and Texas Engineering Experiment Station (TEES) through which the City will 

provide $1,624,856.00 to TEES for a 50,000 gallon per day Brackish Water Advanced Vapor 

Compression Desalination Pilot Plant. 

PASSED AND APPROVED THIS DAY OF ,2009. 


ATTEST: 





By: 


Asst. City Attorney

APPENDIX A 

STATENIENT OF WORK 

Brackish Water Advanced Vapor Compression Desalination Pilot Plant 

Phase I -Design --2 months 

An initial project plan will be established to integrate the City of Laredo's facility requirement 

along with the necessary measurement parameters to validate the technology. Preliminary 

design will include the evaluation of the well (in particular sulfates), determination of permit 

requirements, and design of well equipment, site layout and preliminary fabrication drawings. 

After completion and agreement of the preliminary design, the final detail design, permitting and 

procurement will be accomplished. 

Phase 2 - Construction - 4 months 

Based on the final design and with necessary permitting completed, construction will be 

accomplished on the skid mounted demonstration plant. The unit will be constructed off-site and 

moved after major component completion. Transportation and site work for installation of the 

system at the selected site is specifically excluded from the SOW and is understood to be the 

responsibility of the City of Laredo. 

Phase 3 - Pilot Plant installation and testing - 2 months 

After transportation and site preparation, final site installation will be accomplished at the City of 

Laredo's designated well. The team will complete the necessary tests and install the pilot plant. 

This initial installation will be coordinated with the regulatory authorities along with the 

necessary start-up services from any of the equipment manufacturers. This includes the 

development of operating manuals and protocols. 

Phase 4 - Demonstration Plant Pilot Operation, monitoring andfinal report - 6 months 

The team will operate the plant on a 5 shift per week basis, along with the supervision needed for 

proper operations.. Development and documentation of proper startup and operation will be 

accomplished. The performance measurements necessary to validate the technology's capability 

will be measured and verified. A final report (2 months after completion of operation) will be 

prepared that summarizes the team's conclusions and recommendations regarding the 

commercial aspects of the technology. 

SCHEDULE 

Task 

Project Start 

Design 

Construction 

Installation and testing 

Operation and Monitoring 

Final Report 

Start Date 

Feb 2009 

Feb 2009 

Apr 2009 

Aug 2009 

Sept 2009 

Completion Date 

Apr 2009 

Aug 2009 

Sept 2009 

Feb 2010 

Feb 2010

DELIVERABLES 

Deliverable 1: Monthly Report - Due on the council meeting of each month as defined 

by City of Laredo. The report will describe progress to date, anticipated activities for the 

next reporting period, and any issues that have arisen. 

Deliverable 2: Project Plan and Design (Apr 2009) 

Deliverable 3: Pilot System Construction complete (Aug 2009) 

Deliverable 4: Installation complete (Sep 2009) 

Deliverable 5: Operation and monitoring started (Sep 2009) 

Deliverable 6: Report of conclusions and recommendations regarding the commercial 

aspects of the technology (Feb 2010) 

Deliverable 7: Transfer of desalination unit to City of Laredo (Mar 2010)

APPENDIX B 

BUDGET 

v 

TEES Salary 

- 

Budget Category 

TEES Travel and Materials 

Terrabon, LLC (Sub to TEES) 

Design, Construction 

American Water (sub to Terrabon, 

LLC) install, ops and monitoring 

TEES Indirect Costs 

Total 

$33,757 

$9,500 

$1,007,859 

$542,000 

$3 1,740 

Total Cost $1,624,856

INTERLOCAL COOPERATION CONTRACT 

CONTRACT NO. 

This INTERLOCAL CONTRACT (the "Agreement") is entered into by and between the Texas 

Engineering Experiment Station, an agency of the State of Texas and a member of The Texas 

A&M University System, having a place of business at 1470 William D. Fitch Parkway, College 

Station, Texas, 77845-4645, hereinafter referred to as "TEES", and the City of Laredo, having a 

place of business at 5816 Daugherty Drive, Laredo, Texas 78041, hereinafter referred to as 

"SPONSOR.", each of the aforementioned being referred to individually as the "Party" or 

collectively as the "Parties"; 

WHEREAS, TEES is the primary agent for engineering research within the The Texas A&M 

University System and is committed to technology-related education, engineering research and 

outreach, and 

WHEREAS, TEES utilizes staff, researchers and students to develop and transfer its expertise to 

public and private sectors through technical services, and 

WHEREAS, the Interlocal Cooperation Act, Texas Government code Section 79 1 .OO 1, et. .Seq. 

provides authorization for any local government to contract with one another and with agencies 

of the State to perform governmental functions and services under the terms of the Act, 

WHEREAS, SPONSOR desires to enter into an Interlocal Contract with TEES to design, 

construct and install a 50,000 gallon per day brackish water advanced vapor compression 

desalination unit and to monitor operation performance of the unit from a specific brackish water 

well in Laredo, Texas for a period of not less than five (5) months and not more than twelve (12) 

months. 

NOW, THEREFORE, for and in consideration of the mutual consideration, terms and provisions 

contained herein, the Parties hereto agree as follows: 

1. SCOPE OF SERVICES. TEES agrees to use its reasonable efforts to perform the 

Statement of Work attached hereto and services subject to the terms and conditions of 

this Agreement as described in Appendix A. 

2. TECHNICAL SUPERVISORS. The work shall be supervised by Mr. Skip Mills and Dr. 

Dean Schneider of the Texas Center for Applied Technology. If, for any reason, they are 

unable to continue to serve as Technical Supervisors and a successor acceptable to both 

TEES and the SPONSOR is not available, this Agreement shall be terminated as provided 

in Article 4. 

3. PRICE AND PAYMENT SCHEDULE. As compensation for the performance of this 

Agreement, the SPONSOR agrees to pay TEES the fixed price of One Million, Six 

Hundred Twenty-Four Thousand, Eight Hundred Fifty-Six Dollars and No Cents 

($1,624,856.00) in accordance with the budget attached hereto and hereby made a part of 

this Agreement as Appendix B.

The SPONSOR will make payment to TEES from current revenues pursuant to 

Government Code Section 79 1.0 1 1 (d)(3). The payment schedule for this Agreement is as 

follows: 

Date Amount Comment 

Upon Execution of 

the Agreement 

Award + 1 Month 

Award + 2 Months 








Award t 10 Months 

, 

$ 185,353 

$ 800,329 

$25,761 

$25,761 

$ 129,519 

$ 136,036 

$ 50,761 

$ 50,761 

$ 50,761 

$ 50,761 

$ 50,761 

Phase 1 - Design 

Phase 2 - Construction Mobilization 

Phase 3 - Installation & Testing 

Phase 4 - Pilot Plant Operation & Monitoring 

Award + 11 Months $ 68,262 Delivery of Final Report 

-- 

Total $ 1,624,856 

4. TERM. This Agreement shall be effective upon last date of execution below (the 

"Effective Date") and shall remain in force for 12 months unless terminated by either 

Party. Either Party may terminate this Agreement upon sixty (60) days written notice to 

the other Party. Upon termination, TEES shall be reimbursed for all costs and noncancelable 

commitments made through the date of termination. 

5. INTELLECTUAL PROPERTY. Any intellectual property first developed or reduced to 

practice during the performance of this Agreement shall belong to The Texas A&M 

University System. 

6. LIMITATION OF LIABILITY. TEES MAKES NO REPRESENTATIONS AND 

EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, 

INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR 

FITNESS FOR A PARTICULAR PURPOSE, NOR DOES TEES ASSUME ANY 

OBLIGATIONS WITH RESPECT TO INFRINGEMENT OF ANY PATENT RJGHTS 

OR OTHER RIGHTS RELATING TO THE INFORMATION DELIVERED AND/OR 

THE ACTIVITIES UNDER THIS AGREEMEST. 

7. NOTICES. All notices to Parties under this Agreement shall be in writing and sent to the 

names and addresses stated below. Either Party to the Agreement may change such name 

and/or address by notice to the other Party in accordance herewith, and any such change 

shall take effect immediately upon receipt of such notice.

For TEES: 

, CONTRACT NEGOTIATIONS/ADMINISTRATION: 

Texas Engineering Experiment Station 

Office of Sponsored Research 

1470 William D. Fitch Parkway 

College Station, TX 77845-4645 

Attn: Katherine V. Kissmann 

Associate Director 

Telephone: 979-458-7635 

Facsimile: 979-458-76 19 

Electronic Mail: kkissmann@.tamu.ed~~ 

TECHNICAL: 

Texas Center for Applied Technology 

Texas Engineering Experiment Station 

9350 South Presa 

San Antonio, Texas 78223 

Primary POC: 

Attn: Mr. Skip Mills 

Telephone: 2 10-633-2427 ext 229 

Facsimile: 2 10-633-2923 

Electronic Mail: skip-mills@,tamu.edu 

Secondary POC: 

Dr Dean Schneider, PE 

Telephone: 21 0-633-2427 ext 228 

Facsimile: 21 0-633-2923 

Electronic Mail: d-schneider@,tamu.edu 

For SPONSOR: 

City of Laredo Utilities 

58 16 Daugherty Drive 


Attn: Mr. Tomas Rodriguez, P.E. 

Utilities Director 

Telephone: 956-72 1-2000 

Facsimile: 956-721 -2001 

Electronic Mail: trodriguez@ci,laredo.tx.us 

8. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this 

Agreement is, for any reason, held to be unconstitutional, void or invalid, the validity of 

the remaining portions of the Agreement shall not be affected thereby. It is the intent of 

the Parties signing this Agreement that no portion of it, or provision of regulation 

contained in it, shall become inoperative or fail by reason of invalidity of any other 

subsection, sentence, clause, phrase, provision or regulations of this Agreement. 

9. INDEPENDENT CONTRACTOR. For the purposes of this Agreement and all services 

to be provided hereunder, the Parties shall be, and shall be deemed to be, independent 

contractors and not agents or employees of the other party. Neither party shall have

authority to make any statements, representations or commitments of any kind, or to take 

any action which shall be binding on the other party, except as may be explicitly provided 

for herein or authorized in writing. 

10. LAW AND VENUE. This Agreement, and all disputes arising hereunder, shall be 

governed by the laws and Constitution of the State of Texas, without regard to conflicts 

of law or principles. Without waiving any defense to or immunity from suit or liability, 

venue for a suit brought against TEES must be brought in Brazos County pursuant to 

Texas Education Code Section 85.18. 

1 1. DISPUTE RESOLUTION. SPONSOR must use the dispute resolution process provided 

in Chapter 2260 of the Texas Government Code to attempt to resolve a dispute arising 

under this Agreement and such process is a required prerequisite to suit in accordance 

with Chapter 107, Texas Civil Practice and Remedies Code. SPONSOR must submit 

written notice of a claim of breach of contract under this chapter to Tami Sayko, 

Associate Agency Director. 

12. ALTERATION, AMENDMENT OR MODIFICATION. This Agreement may not be 

altered, amended, or modified except in writing signed by both parties. 

13. ENTIRE AGREEMENT. This Agreement and it appendices constitute the entire 

agreement between the Parties. No other agreement, statement or promise relating to the 

subject matter of this Agreement which is not contained in this Agreement is valid or 

binding. 

14. FORCE MAJEURE. If either Party fails to fulfill its obligations hereunder (other than an 

obligation for payment), when such failure is due to an act of God, or other circumstance 

beyond its reasonable control, including but not limited to fire, flood, civil commotion, 

riot, war (declared or undeclared), revolution, acts of foreign or domestic terrorism, or 

embargos, then said failure shall be excused for the duration of such event and for such a 

time thereafter as is reasonable to enable the parties to resume performance under this 

Agreement, provided however, that in no event shall such time extend for a period of 

more than thirty (30) days. 

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly 

authorized representatives. 


TEXAS ENGINEERING EXPERIMENT 

STATION 

By: 

Title : 

By: 

Mark S. Smock 

Title: Chief Financial Officer 

Date: 

/---, Date:

P 


DATE: SUBJECT: RESOLUTION 2009 R-022 

3116/09 

Amend Resolution 2008-R-133 pertaining to the grant agreement between the 

City of Laredo and the Texas Water Development Board - Contract No. 

G13500/13600/1546/1547, for the City of Laredo, Mines RoadIState Highway 

359 Project No. 10045 as follows: By correcting the amendment number by 

changing it from No. 7 to Amendment No: 6; by reflecting approval by the 

Texas Water Development Board of the transfer of funds from different funding 

accounts under the Texas Water Development Board Grant that allows the City 

to adjust balances in the current Colonia projects; also by extending the contract 

expiration date from March 31, 2009 to January 31, 2010; all other terms of 

resolution 2008-R- 133 remain unchanged. 

INITIATED BY: STAFF SOURCE: w/&'@- 

Jesus M. Olivares, Assistant City Manager Tomas M. Rodriguez, Jr., P.E., Utilities 


Executed original agreement on November 20,2000 through Resolution 2000-R-157 then 

amended Resolution through Resolutions 2002-R-104,2007-R-072 and 2008-R-133. 

BACKGROUND: 

The Utilities Department requested this amendment from the Texas Water Development 

Board and upon agreement by their representatives Amendment No. 6 is being submitted to 

the City for signature. 

Resolution 2008-R-133 was previously submitted to Council on November 17, 2008. This 

resolution made reference to the above mentioned amendment as Amendment #7. TWDB is 

referencing the same amendment as No. 6, thus this resolution is changing the amendment 

number previously denoted in our records from No.7 to No.6. In addition, this resolution 

extends the contract expiration date from March 3 1,2009 to January 3 1,20 10. 

The grant funding was previously increased as noted in Ordinance 2008-0-087. This 

amendment reflects the adjustments needed in the Colonias Projects. The total funding 

amount in the general agreement will not change. The amendment is only in the source of 

fwnds and extension of contract time. The amendment will allow the City of Laredo to adjust 

the balances on the TWDB-EDAP accounts without affecting the General Fund or the 

Utilities Fund. 

1 FINANCIAL IMPACT: NIA 


To approve resolution.


AMENDING RESOLUTION NO. 2008-R-133 PERTAINING TO THE GRANT 

AGREEMENT BETWEEN THE CITY OF LAREDO AND THE TEXAS WATER 

DEVELOPMENT BOARD CONTRACT NO. G13500/13600/1546/1547, FOR THE 

CITY OF LAREDO MINES RD./STATE HIGHWAY 359 PROJECT NO. 10045 AS 

FOLLOWS: BY CORRECTING THE AMENDMENT NUMBER BY CHANGING IT 

FROM NO. 7 TO AMENDMENT NO. 6; BY REFLECTING APPROVAL BY THE 

TEXAS WATER DEVELOPMENT BOARD OF THE TRANSFER OF FUNDS FROM 

DIFFERENT FUNDING ACCOUNTS UNDER THE TEXAS WATER 

DEVELOPMENT BOARD GRANT THAT ALLOWS THE CITY TO ADJUST 

BALANCES IN THE CURRENT COLONIA PROJECTS; ALSO BY EXTENDING 

THE CONTRACT EXPIRATION DATE FROM MARCH 31,2009 TO JANUARY 31, 

2010; ALL OTHER TERMS OF RESOLUTION 2008-R-133 REMAIN UNCHANGED. 

WHEREAS, the City of Laredo has accepted a grant from the Texas Water Development Board 

under Resolution No. 2000-R-157 and amended through Resolutions 2002-R-104, 2007-R-072 and 2008-R- 

133 for the Colonias water and wastewater improvements project; and 

WHEREAS, Resolution No. 2008-R-133 had an error as to the amendment number that needs to be 

corrected; and 

WHEREAS, the City of Laredo requested transfers within the source of funds in the Texas Water 

Development Board Grant to adjust the balances in the Colonias Projects without changing the total amount 

of the Grant and requested an extension of the contract time from March 3 1, 2009 to January 3 1, 20 10, 

which has been granted by the Texas Water Development Board in a letter to the City dated January 23, 

2009. 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 

LAREDO THAT: 

Section 1. Resolution No. 2008-R-133 pertaining to the grant agreement between the City of 

Laredo and the Texas Water Development Board Contract No. G13500/13600/1546/1547, for the Mines 

Rd./State Highway 3.59 Project No. 10045, be amended as follows: by correcting the amendment number by 

changing it from no. 7 to Amendment No. 6; by reflecting approval by the Texas Water Development Board 

of the transfer of funds from different funding accounts under the Texas Water Development Board Grant 

that allows the City to adjust balances in the current Colonia projects; also by extending the contract 

expiration date from March 31,2009 to January 31,2010; all other terms of Resolution 2008-R- 133 remain 

unchanged. 

Section 2. 

That this resolution shall take effect immediately. 

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS, THE 



MAYOR

ATTEST: 




RAUL CASSO 

CITY ATTORNEY 

By: 


ASST. CITY ATTORNEY

TWDB Contract No. G13500/G13600/G13700 

Project No. 10045 


TRAVIS COUNTY 

TEXAS WATER DEVELOPMENT BOARD 

AND 


AMENDMENT NO. 6 

This Contract and Agreement made and entered on August 16,2000 is hereby amended as follows: 

1. The Project Budget (EXHIBIT B) is revised as shown in ATTACHMENT I and is 

denoted as the Fifth Amended Exhibit B. 

2. The Project Schedule (EXHIBIT C) is revised as shown in ATTACHMENT I1 and is 

denoted as the Fourth Amended Exhibit C. 

3. All other terms and conditions of TWDB Contract No. GI 3 500/G13600/G13700 shall 

remain in full force. 

IN WITNESS WHEREOF the parties h( .to cause this Contract and Agreement to be duly 

executed in duplicate. 



By: 

Gregory J. Kuchy 

Executive Administrator 

Project Finance & Construction Assistance 

Date: 


City Manager 

Date:

ATTACHMENT l 

Fifth Amended Exhibit B 

Project Budget 

City of Laredo; TWDB #I0045 

Amendment 06 

Grant Agreements G13500, G13600, & GI3700 

Water & Wastewater Activity Budgets

ATTACHMENT I1 

Fourth Amended Exhibit C 

Project Schedule 

CITY OF LAREDO, TWDB PROJECT #I0045 

Amendment 06, Project Schedule

TWDB Contract No. G13500/G13600/G13700 

Project No. 10045 


TRAVIS COUNTY 


AND 


AMENDMENT NO. 6 

This Contract and Agreement made and entered on August 16,2000 is hereby amended as follows: 

1 The Project Budget (EXHIBIT B) is revised as shown in ATTACHMENT I and is 

denoted as the Fifth Amended Exhibit B. 

2. The Project Schedule (EXHIBIT C) is revised as shown in ATTACHMENT I1 and is 

denoted as the Fourth Amended Exhibit C. 

3. All other terms and conditions of TWDB Contract No. G13500/G13600/G13700 shall 

remain in full force. 

IN WITNESS WHEREOF the parties hereto cause this Contract and Agreement to be duly 

executed in duplicate. 



By: 

Gregory J. Kuchy 

Deputy Executive Administrator 

Project Finance & Construction Assistance 

Date: 


City Manager 

Date:

ATTACHMENT l 

Fifth Amended Exhibit B 

Project Budget 

City of Laredo; TWDB #I0045 

Amendment 06 

Grant Agreements GI 3500, GI 3600, & GI 3700 

Water & Wastewater Activity Budgets 

Total WW Grant Costs 1 $9,476,874.00 1 $15,893,278.00 11

ATTACHMENT ll 

Fourth Amended Exhibit C 

Project Schedule 

CITY OF LAREDO, TWDB PROJECT #I0045 

Amendment 06, Project Schedule 

system 

CID 04: SH 359 W/O #3; plans & specs submitted 5/30/06 - 

Design Revisions 5/30/06 90 days 

City Approval of P&S 8/28/06 30 days 

Advertise for Bids 9/27/06 30 days 

City Submits Amendment 06 Increase Request 9121107 - 

TWDB considers Laredo's Amendment 06 9/21/07 32 days 

request 

Amendment 06 TWDB processes, Laredo 10/23/07 45 days 

executes 

City closes on EDAP loan component of increase 12/08/07 90 days 

Construction 04/05/08 370 days 

CID 03: SH 359 W/O #2; Pueblo Nuevo P&S 5/30/06 - 

design 

Design Revisions (per easement 7/23/06 365days 

acquisition) 

TWDB & City reviewlrevise P&S for 9/01/07 55 days 

approval 

Advert for Bid, TWDB approves Bid docs, 02/01/09 60 days 

NTP 

Construction 03115/09 291 days 

CID 10: Mines Road W/O #I; W & WW system 5/30/06 - 

design 

Design Revisions 7/23/06 365 days 

TWDB & City reviewlrevise P&S for 8/01/07 55 days 

approval 

Advert for Bid, TWDB approves Bid docs, 9/25/07 90 days 

NTP 

Construction 04/28/08 428 days 

Project close out 12101109 90 days


DATE 

3116109 


ACCEPTING THE CONVEYANCE OF A SANITARY SEWER EASEMENT 

DATED FEBRUARY 10,2009, FROM ALEXANDER RESIDENTIAL 

DEVELOPMENT, L.P. OVER TWO 312 SQUARE FEET TRACTS, A COPY OF 

SAID CONVEYANCE BEING ATTACHED AS EXHIBIT A, INCLUDING ITS 

EXHIBITS 1 AND 2 DESCRIBING THE TWO 312 SQUARE FEET TRACTS; 

AND DIRECTING THAT THE SAID EASEMENT BE FILED OF RECORD IN 

OFFICIAL PROPERTY RECORDS OF WEBB COUNTY, TEXAS 

INITIATED BY: 




STAFF SOURCE: 

Tomas M. Rodriguez, Jr. P.E. 


BACKGROUND: 

On February 10,2009, Alexander conveyed a sanitary sewer easement to the City on request of the 

Department of Utilities. The sanitary sewer easement consists of two small parcels, each of 3 12 square 

feet [i.e. 12 feet by 26 feet] They are described in Exhibits 1 and 2 of the easement conveyance, copy of 

which is Exhibit A of the resolution. 


None 




Approval of the resolution.


ACCEPTING THE CONVEYANCE OF A SANITARY SEWER EASEMENT DATED 

FEBRUARY 10,2009, FROM ALEXANDER RESIDENTIAL DEVELOPMENT, L.P. OVER 

TWO 3 12 SQUARE FEET TRACTS, A COPY OF SAID CONVEYANCE BEING ATTACHED 

AS EXHIBIT A, INCLUDING ITS EXHIBITS 1 AND 2 DESCRIBING THE TWO 3 12 SQUARE 

FEET TRACTS; AND DIRECTING THAT THE SAID EASEMENT BE FILED OF RECORD IN 

OFFICIAL PROPERTY RECORDS OF WEBB COUNTY, TEXAS 

WHEREAS, on February 10,2009, Alexander Residential Development, L.P., conveyed to 

the City of Laredo a sanitary sewer easement as requested by the Department of Utilities; and 

WHEREAS, copy of said conveyance of the utility easement is attached hereto as Exhibit A, 

and a metes and bounds description of the easement area consisting of two parcels, each of 3 12 

square feet, is shown on Exhibits 1 and 2, attached to Exhibit 1. 


LAREDO THAT: 

Section 1 : It accepts the donation of the sanitary sewer easement from Alexander Residential 

Development, L.P., a copy of which conveyance of easement is attached as Exhibit A, and a 

metes and bounds description of the two 3 12 square feet parcels are described in Exhibits 1 

& 2 of Exhibit A; and 

Section 2: It directs that the original of the sanitary sewer easement be filed of record in 

Official Property Records of Webb County, Texas. 

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS - 


ATTEST: 


MAYOR 



P 

Assistant 1 Attorney

SANITARY SEWER EASEMENT 


PRESENTS 


KNOW ALL MEN BY THESE 

That the undersigned, 

ALEXANDER RESIDENTIAL DEVELOPMENT, L.P., a 

Texas limited partnership, of County of Webb, State of Texas, hereinafter referred to as 

"Grantor", for and in consideration of the sum of Ten Dollars ($10.00) cash, and other good and 

valuable consideration in hand paid by the Grantee herein named, the receipt of which is hereby 

fully acknowledged and confessed, has GRANTED, SOLD, CONVEYED and DEDICATED 

and by these presents does hereby GRANT, SELL, CONVEY and DEDICATE unto the CITY 

OF LAREDO, a home rule city and political subdivision of the State of Texas, its successors and 

assigns, hereinafter referred to as "Grantee", two (2) 3 12 square foot sanitary sewer easements, 

giving Grantee the right to construct, reconstruct, repair and perpetually maintain a sanitary 

sewer main or mains, together with all necessary laterals and appurtenant facilities, in, over, 

upon and across the following two tracts of land in Webb County, Texas: 

Being two (2) 3 12 square foot tracts of land out of a tract of land 

conveyed by deed to Alexander Residential Development, L.P. as 

recorded in Volume 857, pages 66-68, Deed Records, Webb 

County, situated in Porcion 25, Juan F. Garcia, Abstract 50, Webb 

County, Texas, and said two (2) 3 12 square foot tracts are more 

particularly described by metes and bounds in Exhibit 1 attached 

hereto, and on survey attached hereto as Exhibit 2 

TO HAVE AND TO HOLD the same perpetually to Grantee, together with the right and 

privilege, at any and all times, to enter said premises, or any part thereof, for the purpose of 

constructing, reconstructing, repairing, and maintaining said sanitary sewer easement, including 

EXHIBIT

all necessary laterals and appurtenant facilities. 

EXECUTED on this bday of re Lwt7 ,2009 

ALEXANDER RESIDENTIAL DEVELOPMENT, L.P. 

a Texas limited partnership 

By its General Partner 

Delfina E. and Josefina Alexander, LLC-1, 

a Texas limited liability company 



B~: David !Arredondo 

Development Manager 

This instrument was acknowledged before me on the @day of

FIELD NOTES 

TWO (2) - 12' WIDE urun EASEMENTS 


WEBB COUNTY, TEXAS 

10-27-08 

Being two (2) 312 square foot tracts of land out of a tract of land conveyed by deed to 

Alexander Residentlai Development, L.P., as recorded in Volume 857, Pages 66-68, 

Deed Records, Webb County, Texas, situated In Porcion 25. Juan F. Garcia, Abstract 

50, Webb County, Texas and being more particularly described by metes and bounds as 

follows, to wit: 

COMMENCING from a H" Iron md found for the southwest corner of the 2.92 acre . 

Alexander Ranch, Millenia Professional Plaza tract, recorded in Volume28, Page 52, 

Webb County Plat ROCO~~S~ 

thence S 22"23'3QN E, 12.00 feet, to a point set for the 

norlhwest corner of the herein described tract and the POINT, OF BEGINNING; 

Therlce, N 67O36'21" E, 12,00 feet along the common line between thls tract and the 

southeasterly llne of a12 -foot.off-site utility easement, recorded wlth the said 2.92 acre 

tract to a point.set, for the northeast corner of this tract hereof; 

Thence, S 2Z023'38" El 26.00 feet, to a polnt set h the northwesterly line of a 12 foot offsite 

utility easement, recorded in Volume 25, Page 90;Webb County Plat Records, for 

the southeast corner of this tract hereof; 

Thence S 67O36'21" W, 12.00 feet, along the common llne between this tract and the 

northwesterly IJne of the said 12 foot off-site utility easement, recorded in Voiume 25, 

Page 98, Webb County Plat Remrds, for the southwest corner of thls tract hereof; 

Thence, N 2723'39 W, 26.00 feet, to the Point of Beginning and containing 312 square 

feet of land, more or less. 

TRACT B 

COMMENCING from a W iron rod found for the southeast corner of the 2.92 acre 

Alexander Ranch, Millenia Professional Plaza tract, recorded in Volume 28, Page 52, 

Webb County Plat Records. salcl polnt also being the southwest coiner of Lot 2, Block 2, 

Alexander's Commonwealth, Unit 11, as reeorded in Volume 25, Page 98, We.bb County 

Plat Records thence S 22°23'39" E, 12.00 feet, to a point set for the northeast comer of 

the herein described tract and tha POINT OF BEGINNING; 

U 

Thence, S 22O23'39" E, 26.00 feet, along the'common line. between thls tract and the 50 

foot rlght-of-way termlnus of Camelot Drive, to a point set in the northwesterly line of a 

12 foot off-site utllity easement lecorded in Volume 26, Page 90, Webb County Plat 

Records, for the southeast corner of this tract hereof;

Thence S 6796'21" W, 12.00 feet, along the common ISne between this tract and the 

northwesterly llne of the sald 12 foot off-site utility easement, recorded in Volume 25, 

Page 98, Webb County Plat Records, for the southwest corner of this tract hereof; 

Thence, N 22O23'39" W, 26.00 feet, to a point set in a 12 foot off-site utility easement 

recorded with the afore said 2.92 acre tract and the northwest corner of this tract hereof; 

Thence, N 67"36'21!' E, 12.00 feet, to the Point of Beginning and containhg 312 square 

feet of land, more or less. 

8aali of Bearings: A th" iron rod found st the northwest corner of saM Lot 2, Block 2 of 

Alexander's Commonwealfh, Unit.ll anda %"iron 

same lot. 

Called to be: S 2Z023'39" E, 200.00 feet 

Measured: S2Z023/3Q" E, 200.00 feet 

rod found at the soufhwest corner of 

c : ~ ~ i ~ ~ ~ n i ~ ~ a \ ~ o g ~ ~ ~ ~ ~ c r r p t ~ o ~ ~ - s e w ePage r c 2 of 2


DATE 


Subject RESOLUTION NO. 2009-R-024 

Authorizing the City Manager to execute a contract between the City of 

Laredo and San Isidro Northeast, Ltd., a Texas Limited Partnership, for 

the reservation of wastewater capacity for approximately 582.4237 acres 

referred to in the contract as the subject tract for a term twenty five years 

during which the owner may develop the subject tract by subdividing and 

developing according to all the City of Laredo requirements for all or part 

of the subject tract; providing for mandatory, non-binding mediation. 

CNITIATED BY: 

resus M. Olivares 

4ssistant City Manager 


STAFF SOURCE: 



BACKGROUND: 

San Isidro Northeast, Ltd. desires to reserve wastewater capacity for the eventual subdivision 

and development of the 582.4237 acres. The Developer has at its sole cost and expense 

constructed and paid for a twenty-one inch (21") and a fifteen inch (15") sewer line and other 

appurtenant facilities; the City of Laredo currently has available sufficient capacity to provide 

and guaranty an average of 750 gallons per minute of sewer capacity, and 1,875 (i.e. 2 % times 

average) gallons per minute of sewer capacity during periods of peak demand to the 

developer's tract. Owners or occupants of lands lying outside the developer's tract shall only be 

allowed to connect to the Sewer Collection System Improvements only if there is capacity over 

and above what is needed and provide at their cost and expense, upgrades to the Sewer 

Collection System Improvements or other improvements, which increase the capacity 

sufficiently to handle any additional demand. The developer acknowledges that he has no right 

to claim any reimbursement from the City arising out of the City's acceptance, management, 

and operation, as part of the City's utility system, of the Water Distribution System 

Improvements. 


None 




I Approval of the resolution.


AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT 

BETWEEN THE CITY OF LAREDO AND SAN ISIDRO NORTHEAST, LTD., A 

TEXAS LIMITED PARTNERSHIP, FOR THE RESERVATION OF 

WASTEWATER CAPACITY FOR APPROXIMATELY 582.4237 ACRES 

REFERRED TO IN THE CONTRACT AS THE SUBJECT TRACT FOR A TERM 

OF TWENTY FIVE YEARS DURING WHICH THE OWNER MAY DEVELOP 

THE SUBJECT TRACT BY SUBDIVIDING AND DEVELOPING ACCORDING 

TO ALL CITY LAREDO REQUIREMENTS FOR ALL OR PART OF THE 

SUBJECT TRACT; PROVIDING FOR MANDATORY, NON-BINDING 

MEDIATION. 

WHEREAS, the City of Laredo Water Utilities Department received a request by San 

Isidro Northeast, Ltd., to reserve wastewater capacity for future subdivision and development of 

the subject tract; and 

WHEREAS, the contract will have a term of 25 years during which the Owner may 

develop by subdividing and developing according to all City of Laredo requirements for all or 

part of the 582.4237 acres; and 

WHEREAS, the contract includes wording that obligates the Owner to provide the 

adequate infrastructure to serve the desired development in the future. 



Section 1. That the recitals set above are found to be true and correct, and they are 

hereby adopted and made a part of this resolution. 

Section 2. 

Section 3. 

That the City of Laredo hereby accepts an agreement with reservation of 

wastewater capacity, attached hereto as Exhibit A. 




ATTEST: 


MAYOR 

GUSTAVO GUEVARA, JR., CITY SECRETARY 


RAUL FASSO, CITY ATTORNEY 

&& 

By: 

Valeria M. Acevedo, Asst. City Attorney

THE STATE OF TEXAS 5 

§ 


CONTRACT FOR RESERVING SEWER CAPACITY 

This Contract for Reserving Sewer Capacity ("Agreement') is made and entered into 

effective the day of , 2009 (the "Effective Date") by and 

between, on the one hand, the City of Laredo, Texas, a Texas municipal corporation ("City"), 

and, on the other hand, San Isidro Northeast, Ltd. ("Owner"), a Texas Limited Partnership, being 

the owner of certain tract of land, lying and situated in Laredo, Webb County, Texas totaling 

582.4237 acres, more or less, more particularly described on Exhibit A attached hereto (the 

"Subject Tract"). City and Owner are sometimes collectively referred to herein as "Parties." All 

references in this Agreement to the Charter, any ordinance, any officer or employee of the City 

shall mean such Charter, ordinance, officer or employee of the City of Laredo, Texas. 

RECITALS 

A. Owner desires to reserve sewer capacity for the eventual subdivision and development of 

the Subject Tract. The words sewer and wastewater have the same meaning in this 

agreement. 

B. Under Article 6.10 of the Laredo City Charter, a Developer is obligated to pay the costs 

of constructing any sewer service expansions and extensions and of related facilities, 

including engineering services, mains, lines, and easements. Owner has at its sole cost 

and expense constructed and paid for a twenty-one inch (21") and a fifteen inch (15") 

sewer line and other appurtenant facilities as described on Exhibit B (the "Sewer 

Collection System Improvements"). 

C. City currently has available sufficient capacity for the provision of sewer service to the 

Subject Tract. City will provide and guaranty an average of 750 gallons per minute of 

sewer capacity, and 1,875 (i.e. 2 % times average) gallons per minute of sewer capacity 

during periods of peak demand, to the Subject Tract through the Sewer Collection 

System Improvements. 

EXHIBIT

D. Owners or occupants of lands lying outside the Subject Tract shall only be allowed to 

connect to the Sewer Collection System Improvements only if there is capacity over 

and above what is needed for the Subject Tract and only if any such third party owners 

or occupants of lands lying outside the Subject Tract provide, at their cost and expense, 

upgrades to the Sewer Collection System Improvements or other improvements, which 

increase the capacity sufficiently to handle any additional demand. 

E. Owner acknowledges that, except as otherwise provided herein, it has no right or claim to 

any reimbursement by the City arising out of the City's acceptance, management, and 

operation, as part of the City's utility system, of the Sewer Collection System 

Improvements. 

NOW, THEREFORE, in consideration of the premises and of the mutual covenants and 

agreements stated in this Agreement, the Parties hereto agree as follows: 

INCORPORATION OF RECITALS AND ATTACHMENTS 

The statements, terms, and definitions in the Recitals are hereby expressly incorporated 

into the terms of this Agreement. Each exhibit attached to this Agreement is hereby expressly 

incorporated into the terms of this Agreement as it if were fully set forth in the text hereof 

2. OBLIGATIONS OF OWNER 

Owner has satisfied the obligations with respect to the design and construction of the 

Sewer Collection System Improvements. Owner also has the obligation to comply with all 

applicable state and local law. 

2.1. Owner has paid for the design and construction of the Sewer Collection System 

Improvements required for providing sewer service to the Subject Tract. 

2.2 All plats will comply with all then current City requirements. 

2.3 To the extent of any applicability of impact fee credits or other full or partial reimbursement 

2

mechanisms that may hereafter be adopted by the City, the Owner shall be entitled to credits 

equal to the portion of the costs incurred by it for the Sewer Collection System Improvements. 

2.4 Construction of the Sewer Collection System Improvements has been completed in 

accordance with plans and specifications approved by the City Engineer and the City Utilities 

Department. 

CITY'S OBLIGATIONS 

The City has the obligations stated in this section, provided, however, that in the event 

anything in this Section 3 or elsewhere in this Agreement conflicts with state or local law, the 

then state or local law will control. 

3.1. City will reserve capacity, provide and guaranty and average of 750 gallons per minute of 

sewer capacity, and 1,875 (i.e. 2 h times average) gallons per minute of sewer capacity during 

periods of peak demand, to the Subject Tract thru the Sewer Collection System Improvements. 

Provided, City will provide sewer service to any portion of the Subject Tract, after final 

subdivision approvals, provided that such subdivision approvals are obtained, before the 

expiration of 25 years from the Effective Date, under the then applicable City subdivision 

requirements. 

4. ASSIGNABILITY 

This Agreement may be assigned by Owner, in whole or in part, to any successive owner 

of any portion of the Subject Tract, and the successors of such successive owners, provided 

Owner or successive owner, as the case may be, shall give written notice to the City's Utilities 

Director, or his designated representative, together with a copy of the deed by which the 

successor has become the owner. 

5. NOTICES 

Any notices required to be given herein shall be deemed to have been sufficiently given 

to the appropriate Party for purposes hereof if mailed by certified mail, postage prepaid, 

addressed as follows:

To Citv of Laredo: 

Director, Utilities Department 


P.O. Box 579 

Laredo, Texas 78042-0579 

To Owner: 

San Isidro Northeast, Ltd. 

9901 McPherson Road, Suite 20 1 


or to such other respective address as any such Party may designate from time to time in writing 

in accordance with this notice provision. 

6. VENUE 

The Parties hereto agree that this Agreement shall be enforceable in Webb County, 

Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Webb County, 

Texas. 

7. NO AGREEMENT; AMENDMENT 

This Agreement contains all commitments and agreements of the Parties and no verbal or 

written commitment shall have any force or effect if not contained herein. This Agreement may 

not be amended except by a duly authorized writing executed by the Parties. 

8. APPLICABLE LAWS 

This Agreement is made subject to, and City and Owner agree to comply with, all 

applicable laws of the State of Texas and the applicable rules, regulations and orders of the 

TCEQ, or its successor, and any other state agency having jurisdiction, as same may hereafter be 

amended. 

9. MEDIATION 

The Parties stipulate and agree that any dispute among them under or in connection with this 

Agreement or the rights or obligations of any Party in connection with this Agreement shall be 

submitted for resolution by mediation prior to the pursuit of any litigation proceedings. This 

4

Section shall not be construed to require binding mediation, but shall be given effect to require 

all Parties to any dispute under or in connection with this Agreement that cannot be resolved 

pursuant to the terms hereof, or otherwise, to participate in a form of alternative dispute 

resolution which, in absence of agreement to the contrary, shall be non-binding mediation before 

a mediator jointly agreed to by the Parties to the dispute, and in absence of agreement, then 

designated by a Judge of the District Courts of Webb County, Texas. 

10. LITIGATION 

In the event that it should become necessary for either Party to engage an attorney or 

institute litigation to enforce the provisions of this Agreement, the prevailing party in such 

litigation shall be entitled to recover reasonable attorney's fees and expenses and court costs 

from the non-prevailing party and immunity from suit for claims arising out of this 

agreement and the recovery of attorneys fees is expressly waived by the City. 

11. INTERPRETATION 

shall apply. 

In interpreting the various provisions of this Agreement, the laws of the State of Texas 

TERM OF AGREEMENT 

The term of this Agreement is 25 years from the Effective Date. 

13. CAPTIONS 

The captions to the various clauses of this Agreement are for informational purposes only 

and shall not alter the substance of the terms and conditions of this Agreement. 

CONTRACT ADMINISTRATION 

This Agreement shall be administered on behalf of the City of Laredo by its Utilities 

Director, or his designated representatives; and on behalf of Owner. 

15. RECORDATION 

This Agreement may be filed for recordation in the Official Public Records of Webb 

5

County, Texas. 

THIS AGREEMENT IS EXECUTED IN MULTIPLE ORIGINALS AND EFFECTIVE 

as of the date written above on behalf of the CITY OF LAREDO by its City Manager, duly 

authorized by City Council Resolution No. 2009-R- adopted on 

2009, on behalf of San Isidro Northeast, Ltd., by its duly authorized General Partner.

-- CITY OF LAREDO: 

By: 

Carlos Villarreal, City Manager 

Date signed: 

ATTEST: 

Gustavo Guevara, Jr., City Secretary 

Date signed: 



By: 

Valeria Acevedo, Assistant City Attorney 

Date signed: 

OWNER: 


By: San Isidro Management, LC 

Its General Partner 

By: 

Pat Murphy, Vice-President 

Date signed:



This instrument was acknowledged before me on the day of ,2009, by 

Gustavo Guevara, Jr., City Secretary, for and on behalf of the City of Laredo, Texas, a municipal 

corporation. 


STATE OF TEXAS 3 


This instrument was acknowledged before me on the day of 7 

2009, by General Partner of San Isidro Northeast, Ltd., on behalf 

of said limited partnership. 



DATE 


Subject RESOLUTION NO. 2009-R-025 

Authorizing the City Manager to execute a contract between the City of 

Laredo and San Isidro Northeast, Ltd., a Texas Limited Partnership, for 

the reservation of water capacity for approximately 582.4237 acres 

referred to in the contract as the subject tract for a term twenty five years 

during which the owner may develop the subject tract by subdividing and 

developing according to all the City of Laredo requirements for all or part 

of the subject tract; providing for mandatory, non-binding mediation. 

INITIATED BY: 

Jesus M. Olivares 



STAFF SOURCE: 



BACKGROUND: 

San Isidro Northeast, Ltd. desires to reserve water capacity for the eventual subdivision and 

development of the 582.4237 acres. The Developer has at its sole cost and expense constructed 

and paid for two water booster stations, water trunk lines and other appurtenant facilities; the 

City of Laredo currently has available sufficient capacity to provide and guaranty an average of 

971 gallons per minute of water, and 2,427.5 (i.e. 2 % times average) gallons per minute of 

water during periods of peak demand for the developers tract. Owners or occupants of lands 

lying outside the developer's tract shall only be allowed to connect to the Water Distribution 

System Improvements only if there is capacity over and above what is needed and provide at 

their cost and expense, upgrades to the Water Distribution System Improvements or other 

improvements, which increase the capacity sufficiently to handle any additional demand. The 

developer acknowledges that he has no right to claim any reimbursement from the City arising 

out of the City's acceptance, management, and operation, as part of the City's utility system, of 

the Water Distribution System Improvements. 


None 






AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT 

BETWEEN THE CITY OF LAREDO AND SAN ISIDRO NORTHEAST, LTD., A 

TEXAS LIMITED PARTNERSHIP, FOR THE RESERVATION OF WATER 

CAPACITY FOR APPROXIMATELY 582.4237 ACRES REFERRED TO IN THE 

CONTRACT AS THE SUBJECT TRACT FOR A TERM OF TWENTY FIVE 

YEARS DURING WHICH THE OWNER MAY DEVELOP THE SUBJECT 

TRACT BY SUBDIVIDING AND DEVELOPING ACCORDING TO ALL CITY 

LAREDO REQUIREMENTS FOR ALL OR PART OF THE SUBJECT TRACT; 

PROVIDING FOR MANDATOR, NON-BINDING MEDIATION. 

WHEREAS, the City of Laredo Water Utilities Department received a request by San 

Isidro Northeast, Ltd., to reserve water capacity for future subdivision and development of the 

subject tract; and 

WHEREAS, the contract will have a term of 25 years during which the Owner may 

develop by subdividing and developing according to all City of Laredo requirements for all or 

part of the 582.4237 acres; and 

WHEREAS, the contract includes wording that obligates the Owner to provide the 

adequate infrastructure to serve the desired development in the future. 



Section 1. 

That the recitals set above are found to be true and correct, and they are 

hereby adopted and made a part of this resolution. 

Section 2. 

Section 3. 

That the City of Laredo hereby accepts an agreement with reservation of 

water capacity, attached hereto as Exhibit A. 




ATTEST: 


MAYOR 

GUSTAVO GUEVARA, JR., CITY SECRETARY 


RAUL CASSO, CITY ATTORNEY 

Valeria M. ~cevedo, Asst. City Attorney


§ 

COUNTY OF WEBB § 

CONTRACT FOR RESERVING WATER CAPACITY 

This Contract for Reserving Water Capacity ("Agreement") is made and entered into 

effective the day of ,.2009 (the "Effective Date") by and between, 

on the one hand, the City of Laredo, Texas, a Texas municipal corporation ("City"), and, on the 

other hand, San Isidro Northeast, Ltd. ("Owner"), a Texas Limited Partnership, being the owner 

of certain tract of land, lying and situated in Laredo, Webb County, Texas totaling 582.4237 

acres, more or less, more particularly described on Exhibit A attached hereto (the "Subject 

Tract"). City and Owner are sometimes collectively referred to herein as "Parties." All 

references in this Agreement to the Charter, any ordinance, any officer or employee of the City 

shall mean such Charter, ordinance, officer or employee of the City of Laredo, Texas. 

RECITALS 

A. Owner desires to reserve water capacity for the eventual subdivision and development of 

the Subject Tract. 

B. Under Article 6.10 of the Laredo City Charter, a Developer is obligated to pay the costs 

of constructing any water service expansions and extensions and of related facilities, 

including engineering services, mains, lines and easements. Owner has at its sole cost 

and expense constructed and paid for two water booster stations, water trunk lines and 

other appurtenant facilities as described on Exhibit B (the "Water Distribution System 

Improvements"). 

C. City currently has available sufficient capacity for the provision of water service to the 

Subject Tract. City will provide and guaranty an average of 971 gallons per minute of 

water, and 2,427.5 (i.e. 2 % times average) gallons per minute of water during periods of 

peak demand, to the Subject Tract through the Water Distribution System 

Improvements.

D. Owners or occupants of lands lying outside the Subject Tract shall only be allowed to 

connect to the Water Distribution System Improvements only if there is capacity over 

and above what is needed for the Subject Tract and only if any such third party owners 

or occupants of lands lying outside the Subject Tract provide, at their cost and expense, 

upgrades to the Water Distribution System Improvements or other improvements, 

which increase the capacity sufficiently to handle any additional demand. 

E. Owner acknowledges that, except as otherwise provided herein, it has no right or claim to 

any reimbursement by the City arising out of the City's acceptance, management, and 

operation, as part of the City's utility system, of the Water Distribution System 

Improvements. 

NOW, THEREFORE, in consideration of the premises and of the mutual covenants and 

agreements stated in this Agreement, the Parties hereto agree as follows: 

1. INCORPORATION OF' RECITALS AND ATTACHMENTS 

The statements, terms, and definitions in the Recitals are hereby expressly incorporated 

into the terms of this Agreement. Each exhibit attached to this Agreement is hereby expressly 

incorporated into the terms of this Agreement as it if were fully set forth in the text hereof. 

2. OBLIGATIONS OF OWNER 

Owner has satisfied the obligations with respect to the design and construction of the 

Water Distribution System Improvements. Owner also has the obligation to comply with all 

applicable state and local law. 

2.1. Owner has paid for the design and construction of the Water Distribution System 

Improvements required for providing water service to the Subject Tract. 

2.2 All plats will comply with all then current City requirements. 

2.3 To the extent of any applicability of impact fee credits or other full or partial reimbursement 

mechanisms that may hereafter be adopted by the City, the Owner shall be entitled to credits

equal to the portion of the costs 

Improvements. 

incurred by it for the Water Distribution System 

2.4 Construction of the Water Distribution System Improvements has been completed in 

accordance with plans and specifications approved by the City Engineer and the City Utilities 

Department. 

3. CITY'S OBLIGATIONS 

The City has the obligations stated in this section, provided, however, that in the event 

anything in this Section 3 or elsewhere in this Agreement conflicts with state or local law, the 

then state or local law will control. 

3.1. City will reserve capacity, provide and guaranty an average of 971 gallons per minute of 

water, and 2,427.5 (i.e. 2 '/z times average) gallons per minute of water during periods of peak 

demand, to the Subject Tract thru the Water Distribution System Improvements. Provided, 

City will provide water service to any portion of the Subject Tract, after final subdivision 

approvals, provided that such subdivision approvals are obtained, before the expiration of 25 

years from the Effective Date, under the then applicable City subdivision requirements. 

4. ASSIGNABILITY 

This Agreement may be assigned by Owner, in whole or in part, to any successive owner 

of any portion of the Subject Tract, and the successors of such successive owners, provided 

Owner or successive owner, as the case may be, shall give written notice to the City's Utilities 

Director, or his designated representative, together with a copy of the deed by which the 

successor has become the owner. 

5. NOTICES 

Any notices required to be given herein shall be deemed to have been sufficiently given 

to the appropriate Party for purposes hereof if mailed by certified mail, postage prepaid, 

addressed as follows:

To City of Laredo: 

Director, Utilities Department 


P.O. Box 579 


To Owner: 


990 1 McPherson Road, Suite 20 1 


or to such other respective address as any such Party may designate from time to time in writing 

in accordance with this notice provision. 

6. VENUE 

The Parties hereto agree that this Agreement shall be enforceable in Webb County, 

Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Webb County, 

Texas. 

7. NO AGREEMENT; AMENDMENT 

This Agreement contains all commitments and agreements of the Parties and no verbal or 

written commitment shall have any force or effect if not contained herein. This Agreement may 

not be amended except by a duly authorized writing executed by the Parties. 

8. APPLICABLE LAWS 

This Agreement is made subject to, and City and Owner agree to comply with, all 

applicable laws of the State of Texas and the applicable rules, regulations and orders of the 

TCEQ, or its successor, and any other state agency having jurisdiction, as same may hereafter be 

amended. 

9. MEDIATION 

The Parties stipulate and agree that any dispute among them under or in connection with this 

Agreement or the rights or obligations of any Party in connection with this Agreement shall be 

submitted for resolution by mediation prior to the pursuit of any litigation proceedings. This 

Section shall not be construed to require binding mediation, but shall be given effect to require

all Parties to any dispute under or in connection with this Agreement that cannot be resolved 

pursuant to the terms hereof, or otherwise, to participate in a form of alternative dispute 

resolution which, in absence of agreement to the contrary, shall be non-binding mediation before 

a mediator jointly agreed to by the Parties to the dispute, and in absence of agreement, then 

designated by a Judge of the District Courts of Webb County, Texas. 

10. LITIGATION 

In the event that it should become necessary for either Party to engage an attorney or institute 

litigation to enforce the provisions of this Agreement, the prevailing party in such litigation shall 

be entitled to recover reasonable attorney's fees and expenses and court costs from the nonprevailing 

party and immunity from suit for claims arising out of this agreement and the recovery 

of attorneys fees is expressly waived by the City. 

11. INTERPRETATION 

shall apply. 

In interpreting the various provisions of this Agreement, the laws of the State of Texas 

12. TERM OF AGREEMENT 

The term of this Agreement is 25 years from the Effective Date. 

13. CAPTIONS 

The captions to the various clauses of this Agreement are for informational purposes only 

and shall not alter the substance of the terms and conditions of this Agreement. 

14. CONTRACT ADMINISTRATION 

This Agreement shall be administered on behalf of the City of Laredo by its Utilities 

Director, or his designated representatives; and on behalf of Owner. 

15. RECORDATION 

This Agreement may be filed for recordation in the Official Public Records of Webb

County, Texas. 

THIS AGREEMENT IS EXECUTED IN MULTIPLE ORIGINALS AND EFFECTIVE 

as of the date written above on behalf of the CITY OF LAREDO by its City Manager, duly 

authorized by City Council Resolution No.2009-R- .adopted on 

2009, on behalf of San Isidro Northeast, Ltd., by its duly authorized General Partner.

-- CITY OF LAREDO: 

By: 

Carlos Villarreal, City Manager 

Date signed: 

ATTEST: 

Gustavo Guevara, Jr., City Secretary 

Date signed: 



By: 

Valeria Acevedo, Assistant City Attorney 

Date signed: 

OWNER: 


By: San Isidro Management, LC 

Its General Partner 

By: 

Pat Murphy, Vice President 

Date signed:



This instrument was acknowledged before me on the day of ,2009, by 

Gustavo Guevara, Jr., City Secretary, for and on behalf of the City of Laredo, Texas, a municipal 

corporation. 


STATE OF TEXAS 0 


This instrument was acknowledged before me on the day of , 

200, by , General Partner of San Isidro Northeast, Ltd., on behalf of 

said limited partnership. 


DATE: 

0311 6/09 

INITIATED BY: 


Deputy City Manger 


None. 

I 


SUBJECT: RESOLUTION # 2009-R-026 

Authorizing the City Manager to enter into and execute a cooperative working 

agreement, attached hereto as Exhibit A, between the Laredo Job Corps Center and 

the Laredo Police Department for the purpose of providing law enforcement 

assistance on a special needs basis. 

STAFF SOURCE: 

Carlos Maldonado 


BACKGROUND: 

The Laredo Job Corps Center is a federally funded program under the U.S. Department of Labor and is 

under concurrent federal and state jurisdiction in respect to the enforcement of criminal law, which has 

been established under Job Corps Policy Requirements Handbook Chapter 10 (Facilities) Security and 

Related Subjects. 




Recommends the approval of this Resolution.


agreement, attached hereto as Exhibit A, between the Laredo Job Corps Center 

and the Laredo Police Department for the purpose of providing law enforcement 

assistance on a special needs basis. 

Whereas, the Laredo Job Corps Center provides security on property; and 

Whereas, the Laredo Job Corps Center has adopted a Zero Tolerance for 

Violence and Drugs Policy; and 

Whereas, the Laredo Job Corps security and or administrative staff will notify the 

Laredo Police Department of any and all serious incidents or group disturbances 

involving immediate danger of the life, limb or property which may be determined beyond 

Center personnel control; and 

Whereas, the agreement may be amended or modified at any time provided that 

all parties agree and such amendments are within Federal, State and Local Law; and 

Whereas, this agreement shall be in effect until modified or canceled by written 

notice. 


LARED THAT: 

SECTION 1 : Authorizing the City Manager to enter into and execute a cooperative working 

agreement between the Laredo Job Corps Center and the Laredo Police Department for the 

purpose of providing law enforcement assistance on a special needs basis.

PASSED BY THE ClTY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE 


RAUL SALINAS 

MAYOR 




RAUL CASSO 

ClTY ATTORNEY 

BY: 



I,'""'""] 

P. 0. BOX 1819 - 1701 ISLAND ST. - LAREDO, TX 78044-1819 -(W) 727-5147 -FAX (P56) 7 7-997 

!EEE 

The purpose of this correspondence is to establish a formal written agreement betwe :n the 

Laredo Job Corps Center and Local and Federal Law Enforcement agencies. 

The Laredo Job Corps Center is a federally finded program under the U.S. Departm~ :nt-of Labor 

and is currently operated by Career Systems Development Corporation. The facilitic s and 

equipment located at 1701 IsIand Street, P.O.Box 1819, Laredo, TX 78044, are the I roperties of 

the U.S. Department of Labor. Job Corps enrollees between the ages of sixteen and :wenty-four, 

for social security purposes, are considered federal employees. However, we will Q. to limit 

sixteen year old to no more than 30% of the student population. 

Job Corps Centers throughout the nation are under concurrent federal and state jurisa liction in 

respect to the enforcement of criminal law, which has been established under Job Cc rps Policy 

Requirements Handbook Chapter 10 (Facilities) Security and Related Subjects. 

To ensure all students receive a quality education, in a safe, drug -free environment, I he Center 

has adopted a Zero Tolerance For Violence and Drugs Policy. This policy includes L "One 

Strike-and you are-Out" provision. All Job Corps applicants are required to certify 1 hat they are 

drug free and committed to abiding by the Job Corps Zero Tolerance for Violence a ~d Drugs 

Policy which prohibits the use of drugs/alcohol, violence, gang related activities, se: ual 

harassment and threat of assault with the intent to do bodily harm to students or staf ; with or 

without the use of a weapon. Any student found to be non-compliance with the pol .cy will 

automatically be terminated from the program. 

Laredo Job Corps Center security andlor administrative staff, will notify the Laredo Police 

Department of any and all serious incidents or group disturbances involving immedi lte danger of 

life: limb or property which may be determined beyond Center personnel control. C pon 

notification, the Laredo Police Department will respond in a manner and to the exte: ct necessary 

to gain control of the situation and restore order, to include the confinement of indix iduals 

determined to be a threat to others physically and emotionally, within the limits oft: le law. 

If charges are filed, these individuals will be held and processed according to the Nl :s and 

regulations of the Laredo Police Department and applicable laws. The Laredo Polic : Department 

will investigate any and all complaints of mistreatment against department member:. 

The Laredo Job Corps Center prohibits the presence of mace and guns on Center, e> cept in the 

case of State, Federal and Local Law Enforcement Officers or special deputized Sec xity Officers 

permitted by law. Any guns confiscated will be reported to G.S.A. Local Utilizatio~ I Officers and 

turned over to the Laredo Police Department for disposal and disposal and dispositil )n as required 

by their procedure. 

CAREER SYSTEMS 

OEVELOPMENT 

CORPORATION 

- 

operated for the U.S. Department of Labor, ETA, by Career Systems Development Corpora! on

The Center Director shall have and maintain the authority to determine what visitors may come 

on Center and under what conditions. Individuals or groups on Center without perm ssion and 

approval of the Center Director may be asked to leave andlor be removed by Locd L aw 

Enforcement Officers should they persist. 

Confiscated drugs or controlled substances will be turned over to the Laredo Police I Iepartment 

for disposal and disposition unless otherwise directed by the Drug Enforcement Adn linistration 

(DEA). 

The Laredo Job Corps Center will notify Local and Federal Law Enforcement agenc :es of any 

criminal-acts committed by students, and of the imminent departure from Center of; ny students 

arrested for any criminal acts prior to adjudication. 

The theft of government property will be reported to the Federal Bureau of investig; tion (FBI) 

and the Laredo Police Department for investigation and possible criminal prosecutic n. In cases 

of stolen or lost government property, the FBI will have the authority to determine I ~hether it will 

retain jurisdiction or refer the investigation and jurisdiction to the Laredo Police De; rartment. 

The Center Director or designee will be endorsed as the complaining witness in any and ail 

criminal matters investigated and prosecuted by the Laredo PoIice Department. 

The agreement may be amended or modified at any time provided that all parties ag :ee and such 

amendments are within Federal, State and Local Law. This agreement shall be in e: fect until 

modified or canceled by written notice. 

Agreed and signed by authorized representatives of the Laredo Police Department, ' Vebb County 

Sheriffs Department, and Resident Agent of the FBI, the District Attorney's Office and the 

Laredo Job Corps Center. 

Authorized Representative 

Laredo Job Corps Center, 

Center Director 

Date: 


Laredo Police Department, Chief of PI dice 

Date: 


Laredo Job Corps Center 

Security/Safety Manger 

Date: 


Webb County Sheriff's Office, Sherif 

Date : 


Federal Bureau of Investigation 

Date: 


District Attorney's Office 

Date:


DATE 

3/16109 


ACCEPTING THE CONVEYANCE OF A RIGHT OF WAY AND UTILITY 

EASEMENT DATED FEBRUARY 2, 2009, FROlM LOS PARIENTES 

CORPORATION, BEING A 15' WIDE UTILITY EASEMENT OUT OF LOTS 8 & 

9, BLOCK 1, SAN ISIDRO MONARCH SUBDIVISION, A COPY OF SAID 

CONVEYANCE BEING ATTACHED AS EXHIBIT A, INCLUDING ITS 

EXHIBITS 1 & 2 OF EXHIBIT A DESCRIBING THE UTILITY EASEMENT; 

AND DIRECTING THAT THE SAID RIGHT OF WAY AND UTILITY 

EASEMENT BE FILED OF RECORD IN OFFICIAL PROPERTY RECORDS OF 

WEBB COUNTY, TEXAS 

INITIATED BY: 




STAFF SOURCE: 



Y 

BACKGROUND: 

On February 2,2009, Los Parientes Corporation, conveyed to the City of Laredo a right of 

way and utility easement as requested by the Department of Utilities, and the purpose of this 

resolution is for formal action of city council to accept the same. A copy of the conveyance of the 

right of way and utility easement is attached hereto as Exhibit A, and a metes and bounds 

description of the easement area is shown on Exhibits 1 and 2, attached to Exhibit A. 


None 






ACCEPTING THE CONVEYANCE OF A RIGHT OF WAY AND UTILITY EASEMENT 

DATED FEBRUARY 2,2009, FROM LOS PARIENTES CORPORATION, BEING A 15' WIDE 

UTILITY EASEMENT OUT OF LOTS 8 & 9, BLOCK 1, SAN ISIDRO MONARCH 

SUBDIVISION, A COPY OF SAID CONVEYANCE BEING ATTACHED AS EXHIBIT A, 

INCLUDING ITS EXHIBITS 1 & 2 OF EXHIBIT A DESCRIBING THE UTILITY EASEMENT; 

AND DIRECTING THAT THE SAID RIGHT OF WAY AND UTILITY EASEMENT BE FILED 

OF RECORD IN OFFICIAL PROPERTY RECORDS OF WEBB COUNTY, TEXAS 

WHEREAS, on February 2, 2009, Los Parientes Corporation, conveyed to the City of 

Laredo a right of way and utility easement as requested by the Department of Utilities; and 

WHEREAS, copy of said conveyance of the right of way and utility easement is attached 

hereto as Exhibit A, and a metes and bounds description of the easement area is shown on Exhibits 

1 and 2, attached to Exhibit A. 


LAREDO THAT: 

Section 1: It accepts the conveyance of the right of way and utility easement from Los 

Parientes Corporation, a copy of which conveyance dated February 2,2009 is attached as 

Exhibit A, and a metes and bounds description of the easement area is described in Exhibits 

1 & 2 of Exhibit A; and 

Section 2: It directs that the original of the right of way and utility easement be filed of 

record in Official Property Records of Webb County, Texas. 



ATTEST: 


MAYOR 



RAUL CAS~D / 

~\Ssistantity Attorney

ROADWAY RIGHT OF WAY 

AND PUBLIC UTILITY EASEMENT. 

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, 

YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION 

FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC 

RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE 

NUMBER 

Date: ,2009 

Grantor: 

LOS PARIENTES CORPORATION, a Texas corporation 

Grantor's Mailing Address: 

61 1 Shiloh Dr. Suite 6, Laredo, Texas 78045, Webb County, Texas 

Grantee: 


Grantee's Mailing Address: 


Webb County, Texas 

Reservations from Conveyance: 

This conveyance is made and accepted subject to any and all easements, rights of way, 

and prescriptive rights, whether of record or not; rights of adjoining owners in any fences 

situated on a common boundary; any discrepancies, conflicts or shortages in area or 

boundary lines; any encroachments, or protrusions or any overlapping of improvements; 

all presently recorded restrictions reservations set back lines, plats, easements covenants, 

conditions, oil and gas leases mineral severances, royalty interests, and other instruments 

that are still in force and effect and affect the Property, and all building and zoning laws, 

regulations and ordinances of municipal and/or governmental authorities, if any, but only 

to the extent that such matters are still in effect, relating to the hereinabove described 

Property including, without limitation, those which appear of record in the Office of the 

County Clerk of Webb County, Texas to the extent they are still valid. 

Grantor retains, reserves and shall continue to enjoy the use of the surface of the easement 

area for any and all purposes that do not interfere with or prevent Grantee's use of the 

Easement. This includes, without limitation , the right to build and use the surface of the 

easement area for private streets, roads, driveways, alleys, walks, gardens, mailboxes, 

lawns water meters planting or parking areas, and other like uses. 

Exceptions to Conveyance and Warranty: 

Grantor, for the Consideration and subject to the Reservations from Conveyance and the 

Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the 

Property, together with all and singular the rights and appurtenances thereto in any way 

belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns 

forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever 

defend all and singular the Property to Grantee and Grantee's heirs, successors, and 

assigns against every person whomsoever lawfully claiming or to claim the same or any 

part thereof, except as to the Reservations from Conveyance and the Exceptions to 

Conveyance and Warranty. 

Easement Purpose: 

For public roadway right-of-way purposes and for the construction, laying installation and 

maintaining of drainage improvements and other public utilities including but not limited 

to drainage structures of all types 

1-1 

and sewer, telephone gas, water, cable and electrical 

lines and collectively the "facilities". 

EXHIBIT

Property (including any improvements): 

A strip of land 15 feet wide containing 0.35 acres more or less 

being out of Lots Eight (8) and Nine (9), Block One (I), San Isidro 

Monarch Subdivision, Unit V, situated in the City of Laredo Webb 

County, Texas, according to plat thereof recorded in Volume 24, 

Page 21, Plat Records of Webb County, Texas, as more particularly 

described in the survey and metes and bounds description in 

Exhibit A attached hereto. 

Consideration: 

TEN Dollars and other good and valuable consideration, the receipt 

and sufficiency of which are hereby acknowledged 

Grant of Easement: 

Grantor, for the Consideration and subject to the Reservations from Conveyance and 

exceptions to Warranty, grants, sells, conveys and dedicates to Grantee, an easement over, 

on , under and across the Easement Property for the Easement Purpose, in perpetuity, 

together with all and singular the rights and appurtenances. thereto in any way belonging 

(collectively, the "Easement"), to have and to hold the Easement to Grantee. Grantor 

Binds Grantor and Grantor's heirs, successors and assigns to warrant and forever defend 

the title to the Easement in Grantee and the Grantee's heirs, successors and assigns against 

every person whomsoever lawfully claiming or to claim the Easement or any part thereof, 

except as to the Reservations from Conveyance and Exceptions to Warranty. Grantee has 

the right to use as much of the surface of the property that is adjacent to the easement 

Property as may be reasonably necessary to install and maintain the Facilities within the 

Easement Property that are reasonably suited for the Easement purpose. 

When the context requires, singular nouns and pronouns include the plural. 

LOS PARIENTES CORPORATION, 

a Texas c~mntatinl 

bid' A f .FZ President 



This instrument was acknowledged before me on fm7d* 

9 ,2009 by 

GERARD0 GONZALEZ, President, of LOS PARIENTES CORPO~TION, a Texas 

corporation.

FIELD NOTES 

15' WIDE UTILITY EASEMENT 

0.35 Acres 

P R E M I E R 

CIVIL ENGINEERING 

Land Development Planning Water Wastewater 

Transportation Surveying 

A STRIP OF LAND 15' WIDE CONTAINING 0.35 ACRES, more or less, being out 

of Lot 8, 1.12 Acres and Lot 9, 1.40 Acres, Block I, San Isidro Monarch Subdivision 

Unit V, recorded in Volume 24, Page 21, Webb County Map Records. Situated in 

Porcion 21, Leonardo Garcia Original Grantee, Abstract 49, Webb County, Texas, and 

being more particularly described as follows, to-wit; 

COMMENCING at a found W iron rod the most northerly northwest comer of said Lot 

8, thence, N 52'05'53" E, a distance of 14.75 feet to the most northerly northwest comer 

hereof and TRbX POINT OF BEGINNING; 

Thence, the following calls: 

N 52'05'53" E a distance of 15.00 feet a deflection hereof; 

S 37'54'07" E a distance of 26.91 feet a deflection hereof; 

S 18'24'33'' W a distance of 63.70 feet a deflection hereof; 

S 37'54'16" E a distance of 60.54 feet a deflection hereof; 


N 37'54'16" W a distance of 11.00 feet a deflection hereof; 


















N 37'54'07" W a distance of 34.08 feet a deflection hereof; 


S 37'54'07" E a distance of 24.48 feet a deflection hereof; 



S 52'05'44" W a distance of 7.79 feet a deflection hereof; 












S 52'05'52" W a distance of 23.17 feet a deflection hereof: 

EXHIBIT 

1\05 ('.\I.:.;; IXil. UOR'I'I'SI'E 210 '< P.0. BOX 452114d . L,\REM).'I'S S0!5 ' I'H !VJbl :17+l'+Q ' EiS

P R E M I E R 

CIVIL ENGINEERING 

Land Development Planning Water Wastewater 

Transportation Surveying 

N 37'54'16'' W a distance of 21.35 feet a deflection hereof; 







S 52O05'44" W a distance of 15.00 feet a deflection hereof; 





N 37O54'07" W a distance of 18.88 feet to the POINT OF BEGINNING and 

containing 0.35 acres of land, more or less. 

MONUMENT HELD: 

A FOUND W IRON ROD AT THE MOST NORTHERLY NORTHWEST CORNER 

LOT 8, BLOCK 1 AND A FOUND %" IRON ROD AT THE NORTHEAST CORNER 

OF LOT 9, BLOCK 1. 

PLAT CALL: N 56'09'29" E 469.55' 

MEASURED: N 56O09'29" E 469.55' 

I. THE UNDERSIGNED, A REGISTERED PROFESSIONAL LAND SURVEYOR IN 

THE STATE OF TEXAS, HEREBY STATE THAT THE FOREGOING "FIELD 

NOTES" AND ATTACHED "PLAT OF SURVEY" WERE PREPARED FROM AN 

ACTUAL SURVEY OF THE SUBJECT PROPERTY ON THE GROUND UNDER MY 

SUPERVISION. 

15115 C;\LLIz DEI. UOIlTli STL: 210 : 1'0. BOX 4.52114S %REDO. TX SO45 ' PI4 r1)5(1) i 17.1 1.,*1 . i;,\S l'1561 ; 17.1 106


DATE 

I SUBJECT: RESOLUTION NO. 2009-R-028 

REGARDING THE 18.0357 ACRES CONVEYED TO CITY BY IULLAM RANCH 

PROPERTIES, LTD, ON JUNE 19, 2006, RECORDED IN VOLUME 2 11 8, PAGES 

660-664, OFFICIAL PROPERTY RECORDS OF WEBB COUNTY, TEXAS, 

DESCRIBED BY METES AND BOUNDS IN EXHIBIT A OF EXHIBIT 1; 

1. DEDICATING SAID 18.0357 ACRES, IN PERPETUITY, AS A CITY PARK; & 

2. RESTRICTING SAID 18.0357 ACRES, IN PERPETUITY, AS A 

WETLANDIRZPARIAN MITIGATION AREA, AS REQUIRED BY THE 

DEPARTMENT OF THE ARMY PERMIT NO. 1997005 15; & 

3. ADOPTING THE MITIGATION PLAN DATED OCTOBER 3, 2008, 

APPLICABLE TO SAID 18.0357 ACRES, A COPY OF WHICH PLAN IS 

ATTACHED AS EXHIBIT B OF EXHIBIT 1 & 

4. DIRECTING STAFF TO IMPLEMENT AND ABIDE BY THAT MITIGATION 

PLAN, 

5. AUTHORIZING THE CITY MANAGER TO EXECUTE THE DOCUMENT 

ENTITLED 'DEDICATION OF LAND FOR PARK PURPOSES AND NOTICE OF 

RESTRICTION' COPY OF WHICH IS ATTACHED AS EXHIBIT 1; & 

6. DTRECTING THAT SAID DOCUMENT BE RECORDED IN OFFICIAL 

PROPERTY RECORDS OF WEBB COUNTY, TEXAS. 

INITIATED BY: 


None 

BACKGROUND: 

STAFF SOURCE: 

Riazul I. Mia, Environmental Services Director 

Oscar J. Medina, Manager, Solid Waste Services 

On June 19, 2006, Killam Ranch Properties, Ltd., conveyed to the City a tract of 18.0357 acres 

by surface gift deed which is recorded in Volume 21 18, pp.660-664, Official Property Records of Webb 

County Texas, to be used as a park; 

Since that conveyance, the 18.0357 acre tract has not been accepted and dedicated as a park, which this 

resolution now seeks to do; 

On October 3, 2008, in relation to this same tract of 18.0357 acres, a mitigation plan was prepared 

covering said tract, in order that city might get authority under Section 404 of the Clean Water Act to 

discharge dredged and fill material into waters of the United States associated with the expansion of the 

city's 200 acre landfill; 

I The mitigation plan has not been adopted by the city, which this resolution seeks to do; 

The Department of the Army, in connection with Permit No. 19970051 5, requires that the City implement the 

mitigation plan and that the City restrict the 18.0357 acre tract, in perpetuity, as a wetlandlriparian mitigation 

area. 

I The dedication of the 18.0357 acres, in perpetuity, as a park, is compatible with the dedication of the tract, 

I 

I

in perpetuity, as a wetlandlriparian mitigation area, and so the document entitled "Dedication of Land for 

Park Purposes and Notice of Restriction" is herein submitted for council approval. 



NIA 


Staff recommends approval of Resolution.


REGARDING THE 18.0357 ACRES CONVEYED TO CITY BY KILLAM 

RANCH PROPERTIES, LTD, ON JUNE 19,2006, RECORDED IN VOLUME 

21 18, PAGES 660-664, OFFICIAL PROPERTY RECORDS OF WEBB 

COUNTY, TEXAS, DESCRIBED BY METES AND BOUNDS IN EXHIBIT A 

OF EXHIBIT 1 ; 

1. ACCEPTING AND DEDICATING SAID 18.0357 ACRES, IN PERPETUITY, 

AS A CITY PARK; & 

2. RESTRICTING SAID 18.0357 ACRES, IN PERPETUITY, AS A 

WETLANDRIPARIAN MITIGATION AREA, AS REQUIRED BY THE 

DEPARTMENT OF THE ARMY PERMIT NO. 1997005 15; & 

3. ADOPTING THE MITIGATION PLAN DATED OCTOBER 3, 2008, 

APPLICABLE TO SAID 18.0357 ACRES, A COPY OF WHICH PLAN IS 

ATTACHED AS EXHIBIT B OF EXHIBIT 1 & 

4. DIRECTING STAFF TO IMPLEMENT AND ABIDE BY THAT 

MITIGATION PLAN, & 

5. AUTHORIZING THE CITY MANAGER TO EXECUTE THE DOCUMENT 

ENTITLED 'DEDICATION OF LAND FOR PARK PURPOSES AND NOTICE 

OF RESTRICTION' COPY OF WHICH IS ATTACHED AS EXHIBIT 1 ; & 

6. DIRECTING THAT SAID DOCUMENT BE RECORDED IN OFFICIAL 

PROPERTY RECORDS OF WEBB COUNTY, TEXAS. 

WHEREAS, on June 19,2006, Killam Ranch Properties, Ltd., conveyed to the City a 

tract of land of 18.0357 acres by gift deed which is recorded in Volume 21 18, pp.660-660, Official 

Property Records of Webb County, Texas, to be used as a park; and 

WHEREAS, the said conveyance of the 18.0357 acres has not yet been accepted and 

dedicated as a park; 

WHEREAS on October 2, 2008, in relation to the 18.0357 acres, a mitigation plan was 

prepared covering that tract, a copy of which is Exhibit B of Exhibit 1 attached hereto,. in order that 

the City might get authority under Section 404 of the Clean Water Act to discharge dredged and fill 

material into waters of the United States associated with the expansion of the 200 acre landfill of the 

City; and 

WHEREAS, the said mitigation plan has not yet been adopted by the City; and 

WHEREAS, the Department of the Army, in connection with ProjectIPermit No. 

1997005 15, requires that the City implement and abide by the said mitigation plan and requires that 

the City restrict the 18.0357 acres, in perpetuity, as a wetlandriparian mitigation area; and 

WHEREAS, the dedication of the 18.0357 acres, in perpetuity, as a park, is compatible 

with the dedication of the 18.0357 acres, in perpetuity, as a wetlandriparian mitigation area; and 

WHEREAS, in furtherance of the above purposes, the document entitled "Dedication of 

Land for Park Purposes and Notice of Restriction", copy of which is attached as Exhibit 1 is herein 

recommended for approval.


LAREDO THAT: 

Section 1 : The 18.0357 acres conveyed to the City by Killam Ranch Properties, Ltd., on June 19, 

2009, recorded in Volume 21 18, pages 660-664, Official Property Records of Webb County, is hereby 

accepted and dedicated., in perpetuity, as a city park; and 

Section 2: The 18.0357 acre tract is restricted, in perpetuity, as a wetlandlriparian mitigation area, as 

required by the Department of the Army Project/Permit No. 19970051 5; and 

Section 3 : Adopting the mitigation plan dated October 3,2008, applicable to the said 18.0357 acres, a 

copy of which plan is attached as Exhibit B of Exhibit 1 ; and 

Section 4: Directing staff to implement and abide by the mitigation plan; and 

Section 5: Authorizing the City Manager to execute the document entitled "Dedication of Land for 

Park Purposes and Notice of Restriction", copy of which is attached as Exhibit 1; and 

Texas. 

Section 6: Directing that said document be recorded in Official Property Records of Webb County, 

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS - 

DAY OF , 2009. 

ATTEST: 


MAYOR 



By:

ST.4TE OF TEXAS 

COLWTY OF WEBB 

A TRACT OF LAM) CONTAMNG 18.0357 ACRES, more or less situated in Porcion 29, Juan B. 

Villerrcal, Original Grantee, Abstract 3086, City oFLaredo, Webb Counv, Taxas, said 18.0357 acreeact 

being out of the Killarn Ranch Properties, Lrd. Trxt K-5 as per Warranty Deed dated Novzrnbtr30, 2002 

and recorded in Volume 1355, Page 300, Official Public Records of Webb County, Texas, said Tract K-5 

called to contain 351.72 acres, mors or less, being all ofthat 1431.50 acre tract ccnveyed to O.W. Killam 

by E.R. Ugarte et ux by deed recorded in Volume 252, Page 21, Deed Records of Webb County, Texas, 

commonly referred to as the "Ugarre Tract", less and except 1,076.75 acres described as Tract H-4 in 

deed dated December 3 1, 1981 from Killam and Hurd, Ltd. to Hurd Enterprises, Ltd., this 18.0357 acre 

tract being more particultlrly described as follows: 

. BEGCQTNG at a concreknail found. being the northwest comer of Ponderosa IndustriaJ,Park, I!nit V 

recorded. in Volume IS, Page 65, Plat Records of Webb County, Texas for a poiat on the east line of dlis 

18.0357 acre tract; 

THENCE S04"22'26"E, along thc westerly 'line of said Ponderosa bdusbial Park, Unit V, a distance of 

272.43' to a 'A" diameter iron rod set with cap marked "FEC" a deflection rib[; 

THENCE S27"05'23"W, continuing along the westerly line of said Ponder~sa Industrial Park, Unit V, a 

distance of 730.90' to a %" diameter iron rod set with cap marked "FEC" on the occupied south line of 

Portion 29 being the south line of aforementioned Tract K-5 and also being a point on the nonh line of 

:he Moreno Heirs Partition Tract recordcd in Volume 1, Page 81, Plat Records of Webb County, Texas, 

said iron rod beiug the sol~thwest comer of Ponderosa industrial Park, Unir V for the sourhest corner 

hereot 

THENCE due west, generally along a barb wire fcnce along the occupied south line of Porcion 29 being 

the south line of said Tract K-5 and the north line of said Moreno Heirs Partition Tract, a distance of 

709.39' to a %" diameter iron rod set with cap marked "FEC" being the southeast comer of a tract of land 

conveyed to Frank S. Pratt as per deed dated July 2, 1919 and recorded in Volume 69, Pages 510-51 1, 

Dced Records of Webb County, Texas for the southwest comer hereof; 

THENCE Nl7"30'00"E, along the called east line of said Prank S. Pratr Trac~ a distance of 182.29' to a 

%" diameter iron rod set with cap marked "FEC" at the intersection with an existing very old barb wire 

fence being the occupied westerly line of said Tract K-5, a deflection right; 

TIWCE along said vsry old existing barb wire fence being the occupied westerly line ofsaid Tract K-S, 

tl~c following bearings and distances: 

N36O46'12"E - 27.79' to an old fence comer post, a deflection left; 

N18"41'26"E - 145.42' to an old fence corner post, a deflection right; 

N29"52'IG"E - 45.77' to an old fence corner post, a deflection right; 

N3Y002'49"E - 522.68' to an old fence comer posr, a deflection left; 

I 

! 

: 

1 

! 

N2Y007'25"E - 549.73' to an old fence comer post for an interior corner hereof; 

! 1 

f 

i 

4 

EXHIBIT 

A 

hl 

CJ 

'P 

PI 

In 

ID 

@ 

m 

W

THENCE N77"58'23"W, continuing along an existing barb wire fence, a distance of 15.44' to a %" 

diameter iron rod set with cap marked "FEC" at the intersection with [he easterly line of the Amended 

Replat of Chacon Addition recorded in Volume 1, Pagrs 106, Plat Records of Webb County, Texs for an 

exterior comer hercat 

THENCE N29'16'005'E, along the easterly line of said Amended Replat of Chacon Addition, a distance 

of 14.85' to a %" diameter iron rod set with cap marked "FEC" for an interior comer hereof; 

THENCE N83"25'00"W, along the norlherly line of said Amended Replat of Chacon Addition, a distance 

of 18.88' to a %' diameter iron rod set with cap marked "FEC" on the easlerly line of an originally called 

9.73 acre tract conveyed to G.E. Neel, et a1 as per deed dated May 20, 1929 and recorded in Volume 109, 

Page 89, Deed Records of Webb County, Texas for an exterior comer hereof; 

: I3IENCE N28"42'00!'E'(N28"37'E deed call) along the easterly line of said 9.73 acre traci, a distance of' 

38.05' to a %" diameter iron rod set with cap marked "FEC" being the northeast corner of said 9.73 acre 

tract ar,d the southeaster!y comer of an originally called 15.3 acre tract conveyed to E10)' Luan as per 

deed dated March 16, 1.933 and recorded in Volume 139, Page 282, Deed Records of Webb County, 

Texas, a deflection left; 

THENCE N11°09'00"E, along the easterly line of said 18.3 acre hact, a distance of 75.63' to a W' 

diameter iron rod set with cap marked "FEC" under an existing fence king the southcrly right-of-way 

line of Spur 400 (Clark Blvd. - 1120' ROW) as per right-of-way acquisition deed dated June 14, 1995 

and recorded in Volume 323, Page 864, Official Public Records of Webb County, Texas for the northwest 

corner hereof; 

THENCE S89"07'46"E (S89O50'55"E deed call) along the southerly right-of-ay line of Spur 400 (Clark 

Blvd. - 120' ROW), a distancc of 241 '02' to a %" diameter iron rod found for the northeast comer hereof; 

THENCE 504"22'56"E;a distance of 463.78' to the POINT OF BEGINNING of this 18.0357, more or 

less, acre tract of land. 

NOTE 

Basis of bearings taken from rhe northerly line (due East) of Ponderosa lndusrrial Park, 

UnilV Civ of Larcdo, Wcbb County, Texas as per plat recorded in Volume 18, Page 68, 

Plat Records of Wcbb County, Texas. 



I, John E. Foster, a Registered Frofessional Land Surveyor, do hereby certify that the foregoing 

metes and bounds description is tfue'and correct to my best knowledge and belief and was 

prepared from an actual survey mde on the ground November 4 and 9,2004 under my direction 

and from office records available..' 

WITNESS 

AND

MITIGATION PLAN 

for the 

KILLAM TRACT 

&I8 ACRE PROPERTY 

located in 

LAREDO, WEBB COUNTY, TEXAS 

USACE Project No.: 199700515 

Applicant: 


P.O. Box 1965 


Agent: 

S&B Infrastructure, Ltd. 

3 53 5 Sage Road, Building E 

Houston, Texas 77056 

OCTOBER - - 3,2008 

EXHIBIT

TABLE OF CONTENTS 

Mitigation Plan 

Killam Tract, 418 Acres 

Laredo, Webb County, Texas 

USA CE Proiect No. 199 70051 5 

1.0 Project Description and Location 

2.0 Baseline Information 

Table 1 : Baseline Inventory of Waters of the US on the Landfill Property 

Table 2: Baseline Inventory of Waters of the US on the Killam Tract 

3.0 Site Selection 

Alternatives Evaluation 

Habitat Evaluation 

Table 3: Description of Laredo Sanitary Landfill Wetland Conditions 

Table 4: Description of Killam Tract Wetland Conditions 

Watershed Issues 

Local Property Issues 

4.0 Goals and Objectives 

Table 5: Description of Mitigation Objectives 

Impacts vs. Mitigation 

Table 6: Proposed Impacts and Proposed Mitigation 

Table 7: Wetland Functions and Values 

5.0 Mitigation Workplan 

Ground Disturbing Activities 

Impact Areas 

Table 8: Summary of Existing and Proposed Conditions on the Killam Tract 

6.0 Performance Standards and Success Criteria 

Table 9: Summary of Measurable Mitigation Goals 

7.0 Compliance with Other Legal Requirements 

Threatened and Endangered Species 

Historical Properties 

8.0 Long-term Mitigation and Monitoring 

Long-term Operations and Management 

Schedule 

Monitoring 

Reporting 

9.0 Contingency Plan 

10.0 Project Success/Responsible Parties 

1 1.0 Site Protection 

12.0 Financial Assurances 

October 3, 2008 

hlitigation Plan - i


Killam Tract, -11 8 Acres 


USACE Project No. 19970051 5 

List of Exhibits 

Exhibit 1 

Exhibit 2 

Exhibit 3 

Exhibit 4 

Exhibit 5 

Exhibit 6 

Exhibit 7 

Exhibit 8 

Exhibit 9 

Exhibit 10 

Exhibit 11 

Exhbit 12 

Exhibit 13 

Exhibit 14 

Exhibit 15 

Vicinity Map 

Site Location Map 

USGS Topographic Maps 

Exhibit 3A - USGS Topographic Map, 1942 

Exhibit 3B - USGS Topographic Map, 1965 

Exhibit 3C - USGS Topographic Map, 1980 

Exhibit 3D - USGS Topographic Map, 2000 

Aerial Photographs 

Exhibit 4A - Aerial Photograph, 1952 

Exhibit 4B - Aerial Photograph, 1964 

Exhibit 4C - Aerial Photograph, 1978 

Exhibit 4D - Aerial Photograph, 1989 

Exhibit 4E - Aerial Photograph, 1996 

Exhibit 4F - Aerial Photograph, 2002 

Exhibit 4G - Aerial Photograph, 2002 

Site Layout Plan 

Wetland Delineation Map 

Site Photographs 

USFWS & TPWD Webb County TheatenedlEndangered Species Lists 

Texas Historical Commission Correspondence 

Wetland Determination Data Form - Great Plains Region 

Notice of Restriction 

Schedule of Work 

Mitigation Area Plant List 

Wetland Mitigation Conceptual Design 

Tamarisk Information 


hiitigntion Plan - ii

hlitigation Plan 

Killam Tract, *I 8 Acres 

Laredo, Webb Cot~nty, Texas 

USACE Project No. 199700515 

MITIGATION PLAN 

This Mitigation Plan describes the means in which compensation is proposed for impacts 

to the aquatic environment which otherwise cannot be avoided or minimized by the 

proposed expansion of the Laredo Sanitary Landfill. This Mitigation Plan additionally 

describes the physical, biological and protectivellegal characteristics of the proposed A1 8 

acre Killam Tract wetland mitigation project as well as the methods by which the 

mitigation project area will be established and maintained. 

1.0 Project Description and Location 

The City of Laredo owns and operates the Laredo Sanitary Landfill (Landfill). The 

Landfill is an authorized Texas Commission on Environmental Quality (TCEQ) 

Municipal Solid Waste (MSW) Landfill and operates under TCEQ Permit No. 1693A. 

The Landfill is located approximately 2 miles east of the intersection of State Highway 

359 and Loop 20, in Laredo, Webb County, Texas (see General Location Map and 

Landfill Site Vicinity Map at the end of the Mitigation Plan). 

The Landfill consists of the site on which waters of the United States, including wetlands, 

have been or will be impacted for the purpose of a lateral expansion of the Landfill 

facility. The Landfill contains 4.86 acres of waters of the United States, including 

wetlands, which consists of 0.91 acre of low quality streams (6,025 linear feet or 18.72% 

of 4.86 acres), 0.56 acre of low quality on-channel ponds (or 11.52% of 4.86 acres) and 

3.39 acres of low quality forested wetlands (69.75% of 4.86 acres). 

The US Army Corps of Engineers (USACE), Fort Worth District, has assigned Project 

Number 199700515 to the Laredo Sanitary Landfill. This Mitigation Plan has been 

prepared and submitted to the USACE as part of an Individual Permit application. 

2.0 Baseline Information 

The City of Laredo intends to meet the MSW permit requirements by expanding the 

Laredo Sanitary Landfill as permitted by the TCEQ. 

The Landfill is a Type I landfill indicating that this is the standard landfill for the disposal 

of municipal solid waste. Following TCEQ municipal solid waste regulations, all 

landfills (except for Type IV landfills) must apply six inches of well-compacted earthen 

material not previously mixed with garbage, rubbish or other solid waste at the end of 

each operating day to control disease vectors, fires, odors, windblown litter or waste and 

scavenging. Landfills that operate on a 24 hour basis must cover the working face or 

active disposal area at least once every 24 hours. All areas that have received waste but 

will be inactive for longer than 180 days must provide intermediate or final cover. This 

intermediate cover must be not less than 12 inches of suitable earthen material of which 

six inches of suitable earthen material should be capable of sustaining native plant growth 

October 3, 2008 hfitigation Plan - 1


Killam Tract, 41 8 Acres 



and must be seeded or sodded following its application in order to control erosion. The 

intermediate cover must be graded to prevent ponding of water, and plant growth or other 

erosion control features must be maintained. Final cover for the landfill must be in 

accordance with the landfill's site closure plan. 

To accommodate the Landfill expansion, 4.86 acres of waters of the United States, 

including wetlands, will be impacted by this proposed project (see Exhibit 5 - Landfill 

Design). 

Proposed impacts to the 0.91 acre of low quality streams, 0.56 acre of low quality onchannel 

ponds, and 3.39 acres of low quality forested wetlands (riparian areas) would 

result from direct impacts by construction activities for the development of landfill cells, 

roadways, andlor drainage and detention areas. 

Direct, or primary, impacts are caused by an action and occur at the same time and place 

as the action. Indirect, or secondary, impacts are reasonably foreseeable effects caused 

by the action that may occur later in time. Direct impacts for the proposed project are 

those impacts that occur as a direct result of, for example, construction of a landfill cell, 

roadway, or detention pond impacting a wetland area. Since it is not always practicable 

to retain a small portion of a larger wetland that would be impacted directly, indirect 

impacts may result from, for example, construction activities to an entire wetland area, 

even though a portion of the wetland area may not be directly impacted by the project. 

Retaining scattered, small wetland areas would not be favorable on highly developed 

sites. All impacts to wetlands, from excavation or fill, will be permanent at the Landfill. 

The wetland functions (processes within a wetland) and values (benefits) were evaluated 

for the Landfill site. A determination of high, medium or low was reviewed based on 

field conditions. The functions and values of the waters of the United States, including 

wetlands, on the Landfill site were determined to be low based on the existing condition 

at the time of the wetland delineation. The determination of low functions and values 

was assessed for the stream, pond, and wetland areas of the site. 

The on-site stream was degraded due to sedimentation from off-site (up-stream) sources 

as well as on-site sources (to a lesser degree). Sediment accumulated in numerous areas 

along the stream which created the following conditions: 1) poor flow in some areas of 

this intermittent stream during rain events, and 2) decreased plant life (in number and 

diversity) along the stream edges. 

Degradation due to sedimentation was also observed in the on-site pond. Additionally, 

the pond contained construction rubble which may or may not be associated with the 

material used during the construction of the pond levee. The levee is located along the 

north side of the pond. Tires and other material, such as wooden posts, were also 

observed in the pond. These materials may have flowed into the pond during storm 

events or were otherwise disposed to the pond area. 

October 3, 2008 1blitigation Plan - 2

~ . 


Killam Tract, *I 8 Acres 

Laredo, Webb Cotlnty, Texas 


Wetlands on the site were degraded due to the physical removal of vegetation (e.g., trees, 

shrubs, herbaceous species) immediately surrounding some riparian areas on the site. 

Without vegetation to act as a buffer, erosion and sedimentation of the wetlands (as well 

as stream areas) occurred on the property. Areas without vegetation experienced 

increased erosion due to a higher velocity of water flowing to the streams and wetlands 

following rainfall events. These changes altered the characteristics of the wetlands in 

terms of habitat (i.e., food, water, shelter for birdslsmall mammals) and vegetative 

diversity. 

Table 1: Baseline Inventory of Waters of the US on the Landfill Property 

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hfitigation Plan 

Killam Tract, k18 Acres 



Table 2: Baseline Inventory of Waters of the US on the Killam Tract 

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Killam Tract, *18 Acres 

Laredo, Webb Cozmty, Texas 


and disrupt the long-range plans, rate structures, and commitments made by the 

surrounding communities. 

Avoid waters of the United States, including wetlands, by minimizing impacts 

through purchasing daily cover soils from off-site sources once upland areas at the 

project site are exhausted. Aside from the increased labor, material and fuel costs 

associated with hauling upland soils to the Landfill, this off-site activity would add to 

the existing volume of heavy truck traffic on public roadways entering and leaving 

the landfill facility. Traffic, congestion, and air quality concerns would also be 

increased by this option. 

Construct the project as proposed. The City's preferred alternative is to fulfill the 

TCEQ MSW permit requirements by constructing the Landfill as designed. 

Constructing the Landfill's lateral expansion project using on-site soils and the TCEQ 

approved design is preferential for the following reasons: 1) The City currently owns 

the proposed project site which is permitted by the TCEQ for the lateral expansion of 

this Landfill thus avoiding the purchase costs and lengthy time in permitting and 

development of adjacent parcels of property for expansion purposes, and 2) 

transportation costs would be minimized by excavating soils for daily cover from the 

landfill rather than hauling soils to the facility from off-site. 

Habitat Evaluation 

The Laredo Sanitary Landfill and the Killarn Tract are located in the South Texas 

PlainsISouth Texas Brushland eco-region. This region contains brushland and other 

nativelintroduced grasses. Introduced grasses consist of mixed native or introduced 

grasses and forbs on grassland sites or mixed herbaceous communities resulting from the 

clearing of woody vegetation or brushlands. 

Over the past several years, numerous prospective mitigation sites have been investigated 

as the off-site location to mitigate for unavoidable wetland impacts at the Laredo Sanitary 

Landfill. The Killam Tract is, by far, the most similar site in terms of water resources, 

wetlands, habitat and size than any other site previously investigated for this purpose (see 

Exhibit 14 - Wetland Mitigation Conceptual Design). 

October 3, 2008 Mitigation Plan - 5


Killarn Tract, *l8 Acres 



Table 3: Description of Laredo Sanitary Landfill Wetland Conditions 

Stream 0.91 Low 

Pond 0.56 Low 

Wetlands 3.39 Low 

Intermittent stream; degraded, increase in 

sedimentation, decrease in water flow due to areas of 

Man-made on-channel pond; degraded, increase in 

sedimentation, presence of construction rubble and 

other debris. 

Riparian area containing wetlands; degraded, 

decrease in vegetated buffer, increase in 

sedimentation/erosion, decrease in water volume due 

- 

Total 4.86 

.. ...'L,.. . ,: ..., 

. . 

.d:; ,*,K. 2 ,,.., :,:.:,t,y;-~.:.:,.;;;;c:.j!:; :>.Y;:L. ,-:. :;'..: 

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USACE Proiect No. 19970051 5 

located on the summits and side slopes of low hills and consist of shallow, well drained, 

loamy soils on uplands. 

Tela sandy clay loam soils, frequently flooded, were identified on the Killam Tract. 

These deep, nearly level soils are located in shallow, narrow valleys along small 

drainageways. Slopes are generally 0 to 1 percent. Typically, the surface layer of this 

soil type is dark grayish brown, mildly alkaline sandy clay loam about 14 inches thick. 

This soil is well drained. Surface runoff is slow and permeability is moderate. The 

available water capacity is high and the hazard of water erosion is moderate. This soil is 

flooded, for very brief periods of time, after heavy rainfall. This description is consistent 

with the visual observation on this site in January 2007 following heavy rains. 

Tela sandy clay loam, frequently flooded, is listed as a hydric soil by the National 

Technical Committee for Hydric Soils (NTCHS) and the local NRCS office. 

Watershed Issues 

The topography surrounding Killam Tract is flat or nearly level along Chacon Creek with 

some relief to the east and west of the creek. On the k18 acre Killarn Tract, Chacon 

Creek flows generally from north to south. Chacon Creek flows along the eastern edge of 

the upper two-thirds of this property before flowing west-southwest and exiting the site at 

the southwestern comer of the property. Chacon Creek is contained within a relatively 

small, well defined channel in the upper two-thirds of the site. The southern one-third of 

the site contains dense stands of Cat-tails and other wetland areas as well as areas of open 

water in the deeper channel of Chacon Creek. The terrain on the Killarn Tract is uneven; 

the site is higher in elevation on the west side of the property and the southeastern comer 

of the site. The channel of Chacon Creek may have migrated from west to east as 

reflected in the site topography. Additionally, one major drainage pathway is located on 

the Killam Tract parallel to Chacon Creek. In addition to Chacon Creek, this drainage 

pathway was observed to direct water from north to south during periods of high 

precipitation andlor flooding (as observed during the in the January 2007 visit to this 

site). The k18 acre property is located in Zone A of the Chacon Creek floodplain. Zone 

A consists of special flood hazard areas inundated by the 100-year flood. 

Since the Killam Tract is located along Chacon Creek, within the 100-year floodplain, the 

mitigation area will be restoredlenhanced in the same physical conditions that currently 

prevail on the site. The soil types, vegetation, and hydrology of the restoredlenhanced 

wetlands are designed to meet or exceed the conditions found in the existing wetlands 

which occur on the site. 

The restored mitigation areas located in the Chacon Creek floodplain will be subjected to 

the same environmental site conditions that have previously sustained wetlands in this 

area. The restoredlenhanced wetlands are designed to be self-sustaining and will require 

little maintenance after they are established. 


~Vitigation Plan 




The preservation of upland wooded buffers (including native grasses) would also serve to 

improve the water quality by slowing water velocity and/or filtering surface water flows 

prior to the water entering an adjacent wetland or Chacon Creek. 

Local Property Issues 

The nearest airport to the * 18 acre Gllarn Tract is the Laredo International Airport which 

is located approximately one mile to the northwest of the site. This mitigation project is 

consistent with the citing criteria recommended in the Federal Aviation Administration 

Advisory Circular, Hazardous Wildlife Attractants on or Near Airports (AC no. 

15015200-33B, 8/28/07). 

4.0 Goals and Objectives 

The goal of this mitigation project will be to preserve, restore and enhance 518 acres of 

self-sustaining emergent wetlands, riparianlwooded wetlands and uplands from the 

existing monotypic wetlands and uplands which contain old tires, construction debris, 

other waste materials, and invasive species. The restoredlenhanced wetlands will be 

similar to historic wetlands in the area and will provide floodlsurface water flow 

attenuation and storage, food chain support, habitat, and water quality improvements to 

Chacon Creek. The mitigation objectives of this project are reflected in Table 5. 

I;-: :


Killam Tract, A18 Acres 



Natural Resources Conservation Service (NRCS). Tamarisk invades streambanks, 

sandbars, lake margins, wetlands, moist rangelands, and saline environments. Tamarisk 

can crowd-out native riparian species, diminish early successional habitat, reduce water 

tables, and interfere with the hydrologic process (see Exhibit 15 - Tamarisk information). 

Tamarisk is native to Eurasia and Africa and was introduced into the western United 

States as an ornamental shrub in the early 1800s. Tamarisk causes a variety of site 

problems including: 

Degrading wildlife habitat, 

Crowds-out and competes with forage grasses and native plants, 

Dries-up wetlands, moist rangelands and other aquatic environments, 

Depletes groundwater, and 

Increases salinity of the upper soil surface. 

Tamarisk has several characteristics that allow it to grow extensively and crowd-out 

native species. Tamarisk tolerates drought, heat, cold, salinity, flooding and fire. The 

leaves of the plant concentrate and secrete salt which increases the salinity of the soil 

beneath the trees. This change in salinity prevents native seeds from germinating. The 

roots of Tamarisk extend deeper into the soil than those of native species and it therefore 

can grow further from away from strearnbanks and other water sources than native 

species. Tamarisk can spread across entire floodplain areas. Tamarisk has no economic 

value and limited use or value to wildlife. Tamarisk will be removed from the Killam 

Tract as part of this mitigation project. 

As part of the mitigation plan, areas of existing Tamarisk will be eradication by hand 

removal. Tamarisk will be removed by physical means using chain-saws or small 

equipment. Access roads throughout the site will be kept to the minimum necessary to 

remove the Tamarisk from the property. Care will be taken to avoid impacts to desirable 

native trees and shrubs growing on the site. Any sizeable Tamarisk stumps or roots that 

can not be physically removed from the ground will be treated with a herbicide approved 

for use around aquatic environments by a certified herbicide applicator/technician. 

Tamarisk removed from the site will be disposed to the Laredo Sanitary Landfill. 

Cat-tails: Cat-tails on the Killam Tract have grown and created a monotypic community 

on much of the wet areas of the site. As part of the mitigation plan, selected areas of 

existing Cat-tails would be removed so that other more diverse species of vegetation 

could be planted to increase the biodiversity on this site. 

Impacts vs. Mitigation 

The following tables summarize the proposed impacts and mitigation associated with the 

lateral expansion of the landfill facility and mitigation at the Killam Tract. Table 6 

compares impact acreages to proposed mitigation acreages. 


,- . .' .% 

Table 6: Proposed Impacts and Proposed Mitigation 

&. . .- j < - 

Total Waters of 

the US 

*-. - +As-. 

4 86 

^ Impacts 

(in acres) r, .' ,' ,>- . -.k- 

Stream 

On- 

Channel 

Ponds 

Wetlands 

Wetlands1 

Riparian 

Area 

..-. , ;-,> , Mitigation (in acres) - - 

pp 

Total Mitigation 

18 21 


Killam Tract, =t18 Acres 


USACE Project No. 199 70051 5 

0 91 0 56 3 39 

- 

Drainage Upland Wooded 

Stream Wetland 

- 

Area 

Buffer 

1 99 2 67 4 43 

9.12 

To compensate for unavoidable adverse impacts to the 4.86 acres of waters of the United 

States at the Laredo Sanitary Landfill, the City of Laredo proposes to restore, enhance 

and preserve the k18 acre Killarn Tract containing wetlands and other water features on 

the project site for the 4.86 acres that would be impacted by the proposed expansion 

project at the Laredo Sanitary Landfill. Additionally, the City of Laredo proposes to 

restore and preserve 9.12 acres of upland wooded areas on the site for water quality and 

habitat benefits. Based on these acreages of aquatic areas and upland areas, the City of 

Laredo proposes to restore, enhance and preserve a total of 18.21 acres of stream, 

wetlands, open water and upland areas on the Killam Tract mitigation project site. The 

areas restored, enhanced and preserved will surpass the quality, functions/values and 

biodiversity of the wetlands which currently exist on the Laredo Sanitary Landfill 

property. 

The 18.2 1 acres of proposed mitigation adequately compensates for proposed impacts to 

the 4.86 acres of wetlands since the proposed mitigation would: 

establish higher quality wetlands than those currently existing on the Landfill site. 

The Killam Tract wetlands would not be incumbered by daily industrial activity and 

would be part of an established functioning ecosystem. 

enhance water quality. Water quality will be enhanced by the removal of debris from 

the site, the removal of Tamarisk from the project area, the minimization of Cat-tails 

on the site, and the introduction of similar wetland vegetation that would also serve to 

function in the same filtering capacity as the Cat-tails. Stands of bulrush, spikerush, 

horsetail and other wetland species are proposed for this site. 

The wetland mitigation activities on this site have been carefully planned to fulfill the 

goals of the project (i.e., removal of tires, construction debris, Tamarisk) as well as 

restore wetland functions and resultant values on the site. 

Wetland functions relate to the physical, chemical and biological interactions within 

wetland ecosystems. Such functions include surface and subsurface water storage, 

nutrient cycling, particulate removal, flood conveyance, nutrient cycling, 



Killam Tract, 11 8 Acres 



retentiodremoval of dissolved substances, habitat enhancement, etc. Wetland values are 

those characteristics that benefit society. 

The following table illustrates the wetland functions and values attributable to the 

proposed It1 8 acre Killam Tract wetland mitigation area. 


Mitigation Plan - I I


Killam Tract, h18 Acres 



Table 7: Wetland Functions and Values 

Surface Water 

Storage 

Since the proposed wetland mitigation area is located within the 100-year floodplain of Chacon Creek, 

the mitigation area would aid in reducing downstream flooding during storm events. Ponded areas and 

additional intermittent drainageways would continue to store floodwaters and release the excess water 

slowly following flood events. Water quality would be improved by removing nutrients, pesticides, 

bacteria, etc., from surface waters. These constituents are additionally broken down or otherwise 

absorbed by plants, some animals, and/or chemical processes within a wetland. 

Minimizes or reduces downstream 

property damage from 

floodwaters, 

Filtration 

The wetland area filters sediments and particulate matter suspended in stormwater runoff. Wetland 

vegetation slows water flow, retainslcaptures sediment suspended in the water, and reduces turbidity 

Vegetated wetlands minimize erosion. 

Improves the water quality within 

Chacon Creek, 

Slows the flow of floodwaters; 

minimizes or reduces down- 

floodway serve as a natural flood 

control mechanism. 

food chain associated with 


FUNCTION 

- EFFECTICOMMENT 


Killam Tract, f 18 Acres 



VALUE : 

Retention 

andlor 

Removal of 

Dissolved 

Substances 

The interconnecting drainage areas as well as the wetlands associated with Chacon Creek reduce the 

transport of nutrients, pesticides, metals and other substances to the creek. Wetlands filter, trap and 

recycle nutrients, such as nitrogen and phosphorous runoff from land, that may be harmful in excessive 

quantities to surface water sources. 

Improves the water quality within 

the Chacon Creek. 

Habitat 

Enhancement 

Wetlands provide breeding, nesting and feeding habitat for waterfowl, migratory birds, fish and other 

animals. Such habitat currently exists at this site but would be improved under the proposed mitigation 

plan. Wetland areas exist in both deep water habitat and shallow wetland areas. Such areas provide 

food, cover, and nesting for fish and insects and attract birds and other waterfowl to the wetland areas. 

Small mammals, reptiles and amphibians would also benefit from the restoration activities (Tamarisk 

removal) of wetland areas on the site as the diversity would provide food, foraging, cover and shelter 

alternatives that do not currently exist within the mitigation areas. 

Increase biodiversity, aesthetics, 

and/or local bird watching for the 

public. 






5.0 Mitigation Workplan 

Ground Disturbing Activities 

Ground disturbing activities at the Killam Tract mitigation site will be minimal but will 

include the utilization of equipment necessary to remove construction debris, tires and 

other solid wastes from the mitigation area, particularly in the wetland areas associated 

with Chacon Creek. Temporary haul roads will also be used to load and transport tires 

and construction debrislrubble off-site to the Laredo Sanitary Landfill. The development 

of temporary access roads to transport wastes from the Killarn Tract to the Landfill will 

be kept to the minimum necessary to achieve the project clean-up goals. 

Additionally, Tamarisk (an invasive species) will be removed from the site. Tamarisk 

will also be disposed to the Laredo Sanitary Landfill. 

Impact Areas 

The proposed wetland mitigation area is designed to enhance the local aquatic ecosystem 

by converting degraded wetlands and drainage areas associated with Chacon Creek into 

more functional and diversified wetland areas. The restored mitigation area will include 

deep water sections (channel of Chacon Creek) as well as shallow emergent wetland 

areas. These restored and enhanced wetlands will be surrounded by upland buffer areas. 

Table 8: Summary of Existing and Proposed Conditions on the Killam Tract 

Associated with 

Drainage Area 

Associated with 

Chacon Creek 

Up'and Buffer 

Areas 

Total 

lacks vegetative diversity 

Degraded due to abundant 

Tamarisk growth 

Degraded due to Tamarisk growth 

Cat-tails and increasing vegetative 

diversity 

Restore drainage area to natural 

condition by removing invasive 

Tamarisk 

Restore upland area to natural 

condition by removing invasive 

Tamarisk 

Preserve upland area to maintain 

and/or improve the water quality of 

Chacon Creek 

4.43 

9.12 

18.21 






Hydrology plays an important role in successful mitigation. The overall hydrology of the 

site will not be changed from present conditions. The project site is located within the 

100-year floodplain of Chacon Creek. The base surface elevation will not be 

significantly altered by the proposed mitigation project. 

If appropriate during the removal activities associated with the tires, construction 

debrislrubble and Tamarisk, short-term turbidity and suspended solids would be 

controlled during the removal tasks by Best Management Practices (BMPS) which would 

include the following erosion and sedimentation control measures, or similar methods 

depending on the field conditions and time of year the activity occurs: 

Silt fences 

Rock berms 

Erosion control matting 

The project site is located in the South Texas PlainsISouth Texas Brushland eco-region. 

The plant species identified for use in the mitigation areas on this site have been 

specifically selected for their historic occurrence in these areas and the ability to grow in 

this eco-region. The Mitigation Area Plant List (Exhibit 13) for this project consists of a 

complete list of the species which could be utilized in the mitigation areas based on 

seasonal availability at the time of planting and costs. Not all species listed will be used 

during the course of this project. 

The goals of this mitigation plan are to establish self-sustaining wetlands and uplands. 

Hydrologic conditions, vegetation communities, and aquatic ecosystem hnctions are all 

components of successful mitigation. The hydrologic conditions of the enhanced 

mitigation areas will be consistent with the existing wetlands at the site. 

6.0 Performance ObjectivesIStandards and Success Criteria 

The following six performance objectiveslstandards have been identified for this 

mitigation project: 

Performance Objective 1: Restore Chacon Creek to a more natural condition by 

removing tires and construction debrislrubble from within the creek (1.97 acres) and the 

adjacent wetlands (2.67 acres). 

Success Standard: The City will inspect the project area upon completion of the 

removal of the tires and construction debris from Chacon Creek and the adjacent 

wetlands. This inspection will confirm that Performance Objective 1 has been 

completed. 

Monitoring Method: The City will periodically monitor the Killam Tract to be sure 

that no incidents of disposal or dumping activities have occurred on the site. 



Killarn Tract, lt18 Acres 



Monitoring will occur on a quarterly basis. Fencing will be installed around the 

perimeter of the Killam Tract to eliminate or minimize the unauthorized disposal of 

wastes to ths site. 

Contingency: Should wastes, other than airborne debris, be observed within the. 

boundary of the Killam Tract, the City will evaluate reasons for such waste disposal 

activities. Access to the site and fencing around the site will be discussed. 

Performance Objective 2: Restore the *18 acre Killam Tract to a more natural 

condition by removing tires and construction debrislrubble from areas of the site (9.12 

acres) not associated with Chacon Creek or the adjacent wetlands. 

Success Standard: The City will inspect the project area upon completion of the 

removal of the tires and construction debris from the upland areas of the site. This 

inspection will confirm that Performance Objective 1 has been completed. 

Monitoring Method: The City will periodically monitor the Killam Tract to be sure 

that no incidents of disposal or dumping activities have occurred on the site. 

Monitoring will occur on a quarterly basis. Fencing will be installed around the 

perimeter of the Killam Tract to eliminate or minimize the unauthorized disposal of 

wastes to this site. 

Contingency: Should wastes, other than airborne debris, be observed within the 

boundary of the Killam Tract, the City will evaluate reasons for such waste disposal 

activities. The City's evaluation would focus on reasons for continued access to the 

site and the adequacy of the fencing around the site. 

Performance Objective 3: 

Killam Tract. 

Removal of Tamarisk (Tamarix sp.) within the *I8 acre 

Success Standard: Tamarisk, an invasive plant species, will be removed by the City 

as part of the restoration and enhancement activities on the Killam Tract. Within the 

first year of ths project, 100% of the Tamarisk will be removed. Tamarisk will be 

removed by physical means using chain-saws or small equipment. Any sizeable 

stumps or roots that can not be physically removed from the ground will be treated 

with a herbicide approved for use around aquatic environments by a certified 

herbicide applicator/technician. 

Monitoring Method: The City will monitor the mitigation area quarterly for 

Tamarisk re-growth. Any Tamarisk observed following the monitoring activity will 

be physically removed or chemically treated with a herbicide. The monitoring period 

will continue for 5 years. At the end of 5 years, the Tamarisk should be eradicated. 

If not, quarterly monitoring (followed by Tamarisk removal) will continue until 2 

October 3, 2008 Mitigation Plan - 16


Killam Tract, &I 8 Acres 



consecutive quarterly monitoring periods reveal no presence of Tamarisk on the 

property. 

Contingency: If Tamarisk continues to persist, evaluate the reasons for regrowth of 

Tamarisk within the project area (such as seeds washing to the Killam Tract from 

upstream sources). 

Performance Objective 4: Preservation of upland areas on the Killam Tract to act as a 

buffer to filter water before the water enters Chacon Creek (water quality enhancement). 

Success Standard: Tamarisk will be removed by the City as part of the restoration 

and enhancement activities at the Killam Tract including the upland areas of the site 

in which Tamarisk is beginning to grow. Within the first year of this project, 100% 

of the Tamarisk will be removed from areas located on the fillam Tract that are not 

associated with Chacon Creek or wetland areas on the site. Tamarisk will be 

removed by physical means using chain-saws or small equipment. Any sizeable 

stumps or roots that can not be physically removed from the ground will be treated 

with a herbicide approved for use around aquatic environments by a certified 


Monitoring Method: The City will monitor the mitigation area quarterly for 

Tamarisk re-growth. Any Tamarisk observed following the monitoring activity will 

be physically removed or chemically treated with a herbicide. The monitoring period 

will continue for 5 years. At the end of 5 years, the Tamarisk should be eradicated. 

If not, quarterly monitoring (followed by Tamarisk removal) will continue until 2 

consecutive quarterly monitoring periods reveal no presence of Tamarisk on the 

property. 

Contingency: If Tamarisk continues to persist, evaluate the reasons for regrowth of 

Tamarisk within the project area. 

Performance Objective 5: Hand removal or application of herbicide on Cat-tails 

(Typha sp.) to minimize the area occupied by this monotypic community. 

Success Standard: Minimize the area occupied by Cat-tails by at least 25% over a 5 

year period. Within the first year of this project, roughly 25% of the Cat-tails will be 

removed. Cat-tails may be physically removed from the site or may be chemically 

treated with a herbicide approved for use around aquatic environments by a certified 


Monitoring Method: The City will monitor the success of the Cat-tail removal 

activity annually to determine whether or not the success standard is being achieved. 


0- - 





Contingency: Evaluate the reasons for continued Cat-tail growth. The application of 

herbicide may need to be conducted on an annual or bi-annual basis until a visible 

reduction in the Cat-tail areas is achieved. 

Performance Objective 6: Enhancement of existing wetlands by planting wetland 

species inlnear areas occupied by Cat-tails. 

Success Standard: Introduce other native aquatic species that will add diversity to 

the Killam Tract while maintaining the water filtering capabilities currently provided 

by the Cat-tails at the site. Other aquatic species (Exhibit 13) will be introduced to 

the site to increase the diversity of the project area. Such plantings may be required 

in the spring of 2 or more consecutive years to achieve the goal of minimizing 25% of 

the Cat-tail coverage in the project area. 

Monitoring Method: The City will monitor the success of the Cat-tail removal and 

the planting activity annually for 5 years to determine whether or not the success 

standard is being achieved. 

Contingency: Evaluate the reasons for a lack of growth of introduced species. 

Evaluate potential causes for poor vegetation establishment; rectify site conditions 

(e.g., drainage, erosion, etc.) and plant additional vegetation, if required. Monitoring 

may be increased to quarterly to determine water fluctuations in the project area and 

the best time to replant aquatic species. Different species may be used to determine 

the best species to plant within the project area in terms of growth and coverage of 

areas previously occupied by Cat-tails. 

Table 9: Summary of Measurable Mitigation Goals 

Objective-' .,-j-;' ' . ;:,; .,;:;;-.: 2 - = + . -,. . . 

. _ :Measure Of Su;cess Mitigation ' $2 - - -*2.3.f ' 

, v -. I > .'-. -..ir ,,$, > > - * - - A 

Restore Chacon Creek to a more natural condition by removmg tires and 

1 construction debrislrubble from within the creek (1.97 acres) and the adjacent Inspect and Monitor 

wetlands (2.67 acres). 

Restore the 4Z18 acre Killam Tract to a more natural condition by removing tires 

2 and construction debrislrubble from areas of the site (9.12 acres) not associated Inspect and Monitor 

with Chacon Creek or the adjacent wetlands. 

3 Removal of Tamarisk (Tamarix sp.) within the St18 acre Klllam Tract. 

Inspect and Monitor for 5 years 

Preservation of upland areas on the 4Z18 acre property to act as a buffer to filter 


water before the water enters Chacon Creek (water quality enhancement). 

Hand removal or application of herbicide on Cat-tails (Typha sp ) to minimize 


the area occupied by this monotypic communiry. 

Enhancement of existing wetlands by planting wetland species inlnear areas 

ti 


occupied by Cat-tails. 

October 3, 2008 hlitigation Plan - 18


Killam Tract, A1 8 Acres 



7.0 Compliance With Other Legal Requirements 

Threatened and Endangered Species 

A list of threatened and endangered species for Webb County, from the US Fish and 

Wildlife Service (USFWS) and Texas Parks and Wildlife Department websites, was 

reviewed for the project area (see Exhibit 8 - USFWS & TPWD Webb County 

ThreatenedIEndangered Species Lists). 

As part of this permit application process, the USACE will review the USFWS's latest 

published version of threatened and endangered species to determine if any species may 

occur in the project area. The proposed project is located in Webb County where the 

Least tern (Sterna antillarum) is known to occur or may occur as a migrant. The Least 

tern, is a federal endangered species. Additionally, the Jaguarundi (Herpailurzu 

yaguarondi) and the Ocelot (Leopardus pardalis), both federal endangered species, could 

travel through the general project area though the project area lacks suitable habitat for a 

resident population of either animal. The Killam Tract lacks the ecology and habitat to 

support either of the two federal endangered plant species known to occur in Webb 

County--Ashy dogweed (Thymophylla tephroleuca) and Johnston's frankenia (Frankenia 

johnstonii). 

The USACE's initial review indicates that the proposed mitigation work would have no 

effect on federally-listed endangered species. Overall, no potential threatened or 

endangered species or sensitive habitat would be affected by the proposed wetland 

mitigation project on the Killam Tract. 

Historical Properties 

In February of 2008, the Center for Archaeological Research (CAR) at The University of 

Texas at San Antonio (UTSA) conducted a 100 percent pedestrian survey of the Killam 

Tract. Two archaeological sites identified during previous studies onhear the Killam 

tract were identified while investigating the Killam Tract as a suitable location for 

wetland mitigation. These two sites (archaeological sites 4 1 WB4 13 and 41 WB413) were 

revisited as part of the archaeological investigations of the Killam Tract and eligibility 

testing was conducted on 41WB414. Since this project is part of a USACE permitting 

project, the archaeological investigations on the Killam Tract were conducted under the 

applicability of Section 106 of the National Historic Preservation Act (NHPA). The 

archaeological survey and eligibility testing were conducted under Texas Antiquities 

Permit No. 4807 with Leonard Kemp serving as the Project Archaeologist and Antonia L. 

Figueroa serving as the Principal Investigator. 

CAR excavated 60 shovel tests and three 1-x-1 meter test units within the Area of 

Potential Effect (APE). No new sites were documented during the pedestrian survey. 

No evidence of cultural features or intact cultural horizons was noted upon inspection of 

October 3, 2008 klitigation Plan - 19


Killam Tract, h18 Acres 



41 WB413 and no further work on that site is recommended. CAR has proposed that the 

boundary of 41WB414 be extended to the west. Based on the findings from test unit 

excavations at 4 1 WB4 14, CAR concurs with the previous assessment that 4 1 WB4 14 is 

not eligible for inclusion to the National Register of Historic Places. 

Artifacts collected and records generated during this project were prepared for curation 

according to Texas Historical Commission (THC) guidelines and are permanently curated 

at the Center for Archaeological Research at the University of Texas at San Antonio. The 

planned improvements to the APE can proceed and no further archaeological work is 

recommended on this property. For the Killam Tract, correspondence dated May 27, 

2008 from the State Historic Preservation Officer (SHPO) indicates that "no historic 

properties affected, project may proceed" and that the "draft report is acceptable" (see 

Exhibit 9 - Texas Historical Commission Correspondence). 

8.0 Long-term Mitigation and Monitoring 

Long-term Operation and Management 

Long-term operation and management of the Killarn Tract wetland mitigation site will 

include a minimal amount of intrusion into the mitigation area. The intent of this project 

is to create self-sustaining wetlands but periodic maintenance may be required to control 

noxious species (i.e., Tamarisk). Noxious species will be removed by minimal-impact 

techmques such as hand-clearing or by the hand application of herbicides by certified 

specialists. Any replanting will be conducted as needed. Other activities within the 

mitigation area may include the occasional removal of airborne debris blown into the area 

from off-site sources (i.e., Clark Boulevard, adjacent properties, etc.). 

Schedule 

Clean-up or enhancement work will not be initiated in waters of the United States until 

authorization (permit) from the USACE, Fort Worth District, is received. The clean-up, 

restoration, and enhancement of mitigation areas will begin within one year of receipt of 

the permit. An activity schedule is provided in Exhibit 12 - Schedule of Work. 

Monitoring 

Monitoring the wetland mitigation area will be conducted to ensure that the project goals 

are met. The mitigation area will be monitored annually. Monitoring activities will 

include recording vegetation types and density, soils, and hydrology. Initial monitoring 

will occur at 18 randomly selected stations (1 per acre) located throughout the mitigation 

project site; stations will be selected using a GIs program with random location 

generation capabilities before visiting the project site. The GIs program will randomly 

select over 18 locations. Randomly selected locations that occur in open water will not 

be included in this activity as open water areas are presumed stable and the need for 



Killam Tract, *I8 Acres 



monitoring other areas of the site is more significant. Once all monitoring locations are 

determined, the stations will be marked with stakes or permanent monumentation and 

will be designated as the permanent monitoring stations. The latitude and longitude of all 

monitoring stations will be recorded and a GPS unit andlor permanent monumentation 

will be used to relocate the permanent stations from monitoring event to monitoring 

event. Vegetation, soils, and hydrology will be monitored from the same stations for 

every monitoring report. 

Vegetation, soils, and hydrology will be evaluated at all monitoring stations. The percent 

cover and the dominant species will be determined using the USACE Wetland 

Determination Form - Great Plains Region (Exhibit 10). 

Permanent monitoring stations (all 18) will be evaluated to allow for a direct comparison 

of the site over the entire monitoring period. Photographs will be taken from each 

monitoring station to record progress. A general view photograph will be taken facing 

north from each monitoring point. Photographs taken at each station will provide a 

qualitative record of the progress of the mitigation area. 

Reporting 

Written monitoring/compliance reports will be provided to the USACE, Fort Worth 

District. The first monitoring report will be provided to the USACE in October following 

the first full growing season. Monitoring will continue annually in October each year 

thereafter for 5 years or until 100% success of the wetland/upland areas has been 

achieved. Written monitoring reports will include : 

The name of the responsible party contact for coordinating with the USACE 

regarding written reports, monitoring results, on-site inspections, mitigation success, 

and general compliance with the terms of the permit. 

Notification to the USACE 30-days in advance of initiating the mitigationJclean-up 

activities in the mitigation area. 

Notification to the USACE within 30-days of completion of each elemedactivity of 

the mitigation plan. 

Notification to the USACE of the date of the pre-construction meeting held by the 

permittee for the appropriate contractor to explain the terms and conditions of the 

permit, provisions of the mitigation plan, and the contractor's responsibility in 

ensuring compliance with the permit. 

Implementation of a reporting program that shall include annual written compliance 

reports to the USACE, due to the USACE by October 31 each year. The permittee 

shall include in each report any schedule changes and a summary of all activities that 






occurred during the reporting period, including documentation of the permittee's 

compliance with the permit conditions and progress andlor completion of all 

authorized worklmitigation activities. In the first report, the permittee shall detail the 

pre-construction conditions of the project area. In each report, the permittee shall 

include photographs, maps, and a description of the impacts to waters of the United 

States, as appropriate. Compliance reports are required even if no work is conducted 

during the reporting period. The permittee shall submit compliance reports to the 

USACE for 5 years or until the USACE verifies that the permittee has successfully 

completed all compensatory mitigation plan requirements, the mitigation areas have 

met the standards of any special conditions in the permit, and all authorized 

construction/clean-up activities have been completed. 

9.0 Contingency Plan 

In the event of any unforeseen issues/concems that arise or are identified during any of 

the monitoring events, the proposed solution will be presented to the USACE for 

approval before implementation. Potential challenges to this Mitigation Plan may include 

1) flooding, 2) drought, and 3) noxious species. While unforeseen events could arise, the 

City of Laredo is committed to conducting the clean-up and planting activities to 

accomplish the project goals. The City of Laredo is additionally committed to the 

financial aspect of this project and will place mitigation compliance in the annually 

budget for this mitigation project until the success criteria is achieved. 

10.0 Project Success/Responsible Parties 

The City of Laredo will be responsible for achieving the project success criteria. The 

City of Laredo is also responsible for accomplishing, maintaining, monitoring and 

managing all of the short-term and long-term mitigation plan provisions. The City's 

designated representatives will be Mr. Stephen Geiss, PE, Landfill Manager, and Mr. 

Oscar Medina, Director of Solid Waste. Mr. Geiss and Mr. Medina's contact information 

is as follows: 


Department of Solid Waste 

P.O. Box 1965 


Office: (956) 795-25 10 

E-mail: sgeiss@ci.laredo.tx.us 

E-mail: omedina@ci.laredo.tx.us 

Short-term coordination of the Mitigation Plan activities will be conducted by Ms. 

Barbara Castille, Wetland Scientist, with S&B Infrastructure, Ltd. Ms. Castille, or other 

City of Laredo designated wetland scientist, will be responsible for the long-term 

monitoring of the mitigation area to ensure field success of the mitigation effort. Ms. 



Killam Tract, &;.I8 Acres 



Castille may be reached by contacting Mr. Geiss or Mr. Medina or may be contacted 

directly at: 

S&B Infrastructure, Ltd. 

Ms. Barbara Castille 

Senior Wetland Scientist 

353 5 Sage Road, Building E 


Office: 713-845-5392 

E-mail: blcastille@sbinfra.com 

The USACE would be notified in writing when points of contact change among the City 

of Laredo staff (permittee) or the City's Wetland Scientist (agent). 

11.0 Site Protection 

The Laredo Sanitary Landfill is an active landfill and will be operated as such for the next 

approximately 20 years. The City of Laredo is committed to maintaining the landfill for 

a period of time after closure of the facility. The Killam Tract wetland mitigation area 

will be recorded in the Deed Records of Webb County. Any subsequent property owners 

will be bound by any easements, reserves or other restrictions specified for this property 

by the Office of Deed Records. A proposed Notice of Restriction to protect this 

mitigation area in perpetuity is included in Exhibit 11 - Notice of Restriction. The 

Notice of Restriction on the Killam Tract will not be modified or removed from the deed 

without written approval of the USACE. 

12.0 Financial Assurances 

The City of Laredo is committed to provide the financial foundation to ensure the success 

of this mitigation project. The City maintains discretionary funds as contingency 

financing in the event of mitigation short-comings or failure to meet the designated 

success criteria of this project. The City of Laredo will make resources (e.g., funds, 

personnel, etc.) available to meet the mitigation commitments and objectives of this 

project. 

For the purposes of the proposed Killam Tract wetland mitigation area, the City of 

Laredo will be responsible for: 

Clean-up and debris removal within the project limits 

Maintenance of the mitigation area 

Monitoring (annually for 5 years or until the mitigation success criteria is 

achieved) 


Remedial/Corrective Measures 

Project Success 


Killam Tract, ~t18 Acres 



Annual monitoring of the mitigation area with respect to the success criteria will 

determine the appropriate level of remedial measures or corrective actions, if required. 

The City of Laredo will provide sufficient funding in the future to support the 

recommendations in the annual monitoring reports in the event that corrective actions are 

necessary to fulfill the Section 404 permit requirements. 



DATE: 

0311 6/09 

SUBJECT: RESOLUTION #2009-R-029 


agreement, attached hereto as Exhibit A, between Catholic Charities, Archdiocese of 

San Antonio, Inc. and the Laredo Police Department for the purpose of assisting in the 

organization of monthly legal clinics in Laredo designed to assist victims of crime and 

domestic abuse and referring such potential persons to said clinics for help with 

immigration related issues. 

INITIATED BY: 


Deputy City Manger 


None. 

STAFF SOURCE: 

Carlos Maldonado 


BACKGROUND: 

Catholic Charities of San Antonio recently received expansion money through the Texas Access to Justice 

Foundation to address the underserved undocumented population of Laredo and South Texas. The San 

Antonio Laredo Legal Services Advocacy Partnership (SALSA) targets expanded outreach, education and 

immigration legal services for victims of crime and domestic violence in far South Texas, including colonia 

areas outside of Laredo where poverty runs rampart and affordable legal services are virtually nonexistent. 


NIA 



Recommends the approval of this Resolution.

RESOLUTlON #2009-R-029 


agreement, attached hereto as Exhibit A, between Catholic Charities, 

Archdiocese of San Antonio, Inc. and the Laredo Police Department for the 

purpose of assisting in the organization of monthly legal clinics in Laredo 

designed to assist victims of crime and domestic abuse and referring such 

potential persons to said clinics for help with immigration related issues. 

Whereas, Catholic Charities, Archdiocese of San Antonio, Inc. shall coordinate 

periodic "clinics" in Laredo and South Texas with the goal of finding victims of crime and 

domestic violence who need assistance with immigration; and 

Whereas, Catholic Charities, Archdiocese of San Antonio, Inc. shall provide legal 

services to client at no cost; and 

Whereas, the Laredo Police Department shall assist in Catholic Charities, 

Archdiocese of San Antonio, Inc. to organize the monthly legal clinics for qualifying 

clients; and 

Whereas, the Laredo Police Department shall assign a staff person as a point of 

contact for Catholic Charities, Archdiocese of San Antonio, Inc. to educate and inform 

about the immigration-related services provided by these clinics with the purpose of 

identifying and referring potential agency clients; and 

Whereas, the Laredo Police Department shall assist Catholic Charities, 

Archdiocese of San Antonio, Inc. in the referral of area residents who may qualify for the 

services offered by the clinic and/or local service providers to assist with the clinic; 

Whereas, this Memorandum of Understanding shall be reviewed annually and 

remain in full force and effect until specifically abrogated by one of the parties to this 

Agreement with thirty (30) days notice of the other party. 


LARED THAT: 

SECTION 1 : Authorizing the City Manager to enter into and execute a cooperative working 

agreement, attached hereto as Exhibit A, between Catholic Charities, Archdiocese of San 

Antonio, Inc. and the Laredo Police Department for the purpose of assisting in the organization 

of monthly legal clinics in Laredo designed to assist victims of crime and domestic abuse and 

referring such potential persons to said clinics for help with immigration related issues.


OF , 2009. 

DAY 

RAUL SALINAS 

MAYOR 

ATTEST: 




RAUL CASSO 

ClTY ATTORNEY 

BY: 



MEMORANDUM OF UNDERSTANDING 

Between 

Catholic Charities, Archdiocese of San Antonio, Inc. 

and 

The Laredo Police Department 

For 

SALSA- San Antonio/Laredo Legal Services Advocacy Partnership 

I. Purpose: 

- 

To establish a cooperative and mutually beneficial relationship between Catholic 

Charities, Archdiocese of Sun Antonio, Inc. and the Laredo Police Department and set 

forth the relative responsibilities of the parties, to disseminate information and make 

appropriate referrals for the purpose of providing immigration-related services to victims 

of domestic violence and serious crimes through the SALSA Partnership. 

11. Duration of Agreement: 

The Agreement becomes effective on the date signed and shall remain in full force and 

effect until the agreement is canceled by the parties in accordance with the terms set forth 

herein. Funding for this project fiom the Texas Access to Justice Foundation is on a 

year-to-year basis from September to August. If funding is reduced or eliminated, all 

obligations under this Memorandum of Understanding are terminated. 

111. General Provisions: 

This Memorandum of Understanding (hereinafter MOU) does not create additional 

jurisdiction or limit or modify existing jurisdiction vested in the parties. It is understood 

by both parties that each should fulfill its responsibilities under this Agreement in 

accordance with the provisions of law and regulations that govern their activities. 

Nothing in this Agreement is intended to negate or otherwise render ineffective any such 

provisions or operating procedures. If at any time either party is unable to perfom its 

functions under this agreement consistent with such party's statutory and regulatory 

mandates, the affected party shall immediately provide written notice to Catholic 

Charities, Archdiocese of Sun Antonio, Inc. to establish a date for mutual resolution of 

the conflict. Ultimately, each party is primarily responsible to and for their respective 

agency andlor client. 

IV. Responsibilities: 

In consideration of the mutual aims and desires of the parties of this Agreement and in 

recognition of the public benefit derived fiom effective implementation of the programs 

involved, the parties agree that their responsibilities under this Agreement shall be as 

follows: 

Page 1 of 3

Catholic Charities, Archdiocese of San Antonio, Inc. shall 

A. coordinate periodic "clinics" in Laredo and South Texas with the goal of finding 

victims of crime and domestic violence who need assistance with immigration. 

Clinics will tentatively be scheduled for the first Friday and Saturday of each 

month, targeting Laredo but also may include Eagle Pass, and two of the main 

colonias bordering Laredo to the south- and any other such location as deemed 

necessary by Catholic Charities, Archdiocese of San Antonio, Inc. andfor the 

funding source; 

B. provide legal services to client at no cost. These services include, but are not 

exclusive of, advising clients on their respective rights, processing legalization 

documentation, in-court representation of immigration matters and follow-up 

services. Catholic Charities, Archdiocese of San Antonio, Inc. shall advise the 

Laredo Police Department and its staff members on eligibility requirements of 

this program; 

C. create a "Life Lab" module of this project to include an evaluation component of 

the monthly clinics, which will involve the end-user (clients) of these services in 

order to improve future funding cycles of our partnership with the Laredo Police 

Department; 

D. hire a part-time attorney, officed in San Antonio, to oversee this program, 

maintain client files, provide legal representation/follow-up of accepted clients 

through this program, and coordinate activities including responsibility for 

recruiting law students/providers to participate in the clinic; 

E. cover costs of a cell phone with a local number for victims to call for information 

or follow-up. 

The Laredo Police Department shall 

A. assist Catholic Charities, Archdiocese of San Antonio, Inc. to organize the 

monthly legal clinics for qualifying clients; 

B. assign a staff person as a point of contact for Catholic Charities, Archdiocese 

of San Antonio, Inc. to educate and inform about the immigration-related 

services provided by these clinics with the purpose of identifying and referring 

potential agency clients; 

C. assist Catholic Charities, Archdiocese of San Antonio, Inc. in the advertisement, 

recruitment and referral of area residents who may qualify for the services 

offered by the clinic and/or local service providers to assist with the clinic. 

It is agreed that each agency shall consult with one another in a collaborative effort to 

facilitate and expedite the services provided to victims of violence/crirne. 

Page 2 of 3

V. Confidentiality 

Catholic Charities, Archdiocese of San Antonio, Inc. abides by strict confidentiality 

regulations that govern the release of information. Catholic Charities, Archdiocese of 

San Antonio, Inc. shall not disclose the identity of a client and/or specifics regarding the 

client's circumstance, unless required to do so by state or federal law, to the Laredo 

Police Department, without the written consent of the client. After the client has signed a 

consent form for the release of information, Catholic Charities, Archdiocese of San 

Antonio, Inc. may release information for the purpose of referral, treatment and 

intervention planning, and coordination efforts. 

VI. Effective Administration and Execution of this MOU: 

A. This MOU shall be reviewed annually and remain in full force and effect until 

specifically abrogated by one of the parties to this Agreement with thirty (30) 

days notice of the other party. 

B. Effective execution of the Agreement can only be achieved through continuing 

communications and dialogue between parties. It is the intent of the MOU that 

open communication will be used to resolve questions, misunderstandings, or 

complaints that may arise that are not specifically addressed in this MOU. 

C. After receiving the signed "Release of Information" forms, personnel from 

Catholic Charities, Archdiocese of San Antonio, Inc. and the Laredo Police 

Department shall meet, as necessary and appropriate, to share information 

regarding individual cases and review the quality of services provided to the 

clients. 

Catholic Charities, Archdiocese of San Antonio, Inc. 

Steve Saldaiia 

President/CEO 

Date 

Laredo Police Department 

Carlos R. Maldonado 


ATTEST: 

Gustavo Guevara, Jr. 




City Manager 



By: 



Page 3 of 3


Date: 


SUBJECT: RESOLUTION 2009-R-031 

A resolution of the City of Laredo affirming support for and partnership with the 201 0 Census; 

recognizing the importance of an accurate count of residents in an area which has historically 

been undercounted; endorsing the newly proposed and redrawn census tracts as a 

means to facilitate the hll and complete count of the residents of the City; working with the 

South Texas Development Council and other entities on a public awareness campaign to 

encourage and increase participation in the 201 0 Census. 

Initiated by: 

City Council 

Staff source: 


Hector de Leon, Assistant City Manager 

Prior Council action: 

None. However, a presentation was made to City Council by the South Texas Development Council at 

the City Council's meeting of March 2,2009. 

BACKGROUND: 

The South Texas Development Council has been working with staff to create new census tracts within the 

City, as well as to redraw existing census tracts to conform to the U.S. Census Bureau's recommended 

population count for census tracts. New census tract boundaries were created or redrawn based upon 

population in subdivisions built subsequent to Census 2000, as well as for subdivisions currently under 

construction or planned for construction in the near future. The population of the City of Laredo increased 

by approximately 43% between 1990 and 2000. Approximately 63 census tracts are being proposed, 

which is an increase of nearly 100% over the number of tracts for Census 2000. 

Accurate census counts are crucial to representation at all levels of government, as well as for the allocation 

of federal and state funding for health care, community development, housing, education, transportation, 

social services and more. The population of the City of Laredo has historically been undercounted; 

the response rate for the City of Laredo for Census 2000 was approximately 70%. The creation of a public 

awareness campaign regarding the collection of census data for the 201 0 Census is crucial for an accurate 

population count. Reaching out to the residents of Laredo, many of whom are Spanish-speaking and 

have concerns regarding the confidentiality of census data, should improve the response rate resulting in 

a more accurate population count. 


None 



Recommends that Council approve the 

Resolution. 

Page 1 of 1


A RESOLUTION OF THE CITY OF LAREDO AFFIRMING SUPPORT 

FOR AND PARTNERSHIP WITH THE 2010 CENSUS; RECOGNIZING 

THE IMPORTANCE OF AN ACCURATE COUNT OF RESIDENTS IN AN 

AREA WHICH HAS HISTORICALLY BEEN UNDERCOUNTED; 

ENDORSING THE NEWLY PROPOSED AND REDRAWN CENSUS 

TRACTS AS A MEANS TO FACILITATE THE FULL AND COMPLETE 

COUNT OF THE RESIDENTS OF THE CITY; WORKING WITH THE 

SOUTH TEXAS DEVELOPMENT COUNCIL AND OTHER ENTITIES ON 

A PUBLIC AWARENESS CAMPAIGN TO ENCOURAGE AND INCREASE 

PARTICIPATION IN THE 2010 CENSUS. 

WHEREAS, the U.S. Census Bureau is required by the Constitution of the United States of 

America to conduct a decennial census of the population; and 

WHEREAS, census data determines the number of seats each state will have in the U.S. House of 

Representatives as well as the redistricting of state legislatures, city and county governing bodies, and 

voting districts; and 

WHEREAS, all units of government as well as businesses and non-profit organizations require 

accurate information on population and family size and income data for investment, job development and 

marketing guidance and to determine the impact of educational, health and social programs; and 

WHEREAS, federal and state funding is allocated to communities based on census data, 

including funds for health care, community development, housing, education, transportation, social 

services, employment and more; and 

WHEREAS, the population of the City of Laredo and Webb County has historically been 

undercounted in previous decennial censuses; and 

WHEREAS, the significant growth in population within the City since the 2000 Census 

necessitated the revision of currently existing census tracts, as well as the creation of additional census 

tracts in order to ensure every resident is counted; and 

WHEREAS, the City of Laredo working with the South Texas Development Council and other 

entities in both the public and private sectors, as well as the media, will promote the importance of 

participating in the Census. 

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 

LAREDO THAT: 

Section 1 : The City of Laredo affirms support for and partnership with the 20 10 Census. 

Section 2: The City of Laredo recognizes the importance of an accurate count of residents 

in an area which has historically been undercounted.

Section 3: The City of Laredo endorses and recommends the newly proposed and redrawn census 

tracts as a means to facilitate the full and complete count of the residents of the City. 

Section 3: The City of Laredo will work with the South Texas Development Council and other 

entities on a public awareness campaign to encourage and increase participation in the 2010 

Census. 

Section 4: This resolution shall become effective on passage thereof. 



ATTEST: 


MAYOR 




RAUL CASSO 

CITY ATTORNEY 

BY: NATHAN BRATTON 


DATE: 


INITIATED BY: 



SUBJECT: MOTIONS 

Consideration to amend contract number FY07-067 awarded to TestAmerica 

Laboratories, Corpus Christi, Texas in the amount of $25,000.00, for providing 

laboratory analytical services for water and wastewater samples in accordance to 

Environmental Protection Agency (EPA) approved standard methods. The 

proposed amendment would increase the current contract to $125,000.00 in order 

to provide funding for the remainder of the contract term. Funding is available in 

the Utilities Department budget, Water Pollution Division. 

STAFF SOURCE: 

Tomas Rodriguez, P.E., Utilities Department Director 

Francisco Meza, Purchasing Agent 

PREVIOUS COUNCIL ACTION: The City Council approved a one year contract on 05/07/2008 in the 

amount of $1 00,000.00. 

BACKGROUND: This contract provides the Utilities Department with analytical laboratory services for 

water and wastewater samples. The testing laboratory is currently responsible for sample handling, 

analysis, and reporting on a wide range of environmental parameters in soil, water, and sludge samples for 

both water and wastewater applications. These testing services are needed to comply with all Texas 

Commission on Environmental Quality (TCEQ) and Environmental Protection Agency (EPA) 

requirements. 

The term of this contract which was for a one year period will expire on 05/07/09. Due to an increase in 

watel* wastewater analysis, this contract will hind out befbre the end of the contract term requiring an 

amendment to incrcasc the contract amount by $25,000.00. 

Original Contract Award $100,000.00 

Amendment No. 1 $ 25,000.00 

Revised Contract Total $125,000.00 

FINANCIAL IMPACT: The purpose of this contract is to establish prices for the commodities or services 

needed, should the City need to purchase these commodities or services. The City's obligation for 

performance of this contract beyond the current fiscal year is contingent upon the availability of 

appropriated funds from which payments for the contract purchases can be made. If no funds are 

appropriated and budgeted during the next fiscal year, this contract becomes null and void. 

Utilities Department - Water Pollution Division, Contractual Services - Testing Fees 

Account Number: 557-4135-533-5514 



It is recommended that this amendment be approved.

COUNCIL COMMUNlCATlON 

DATE: 

0311 6/09 


Consideration to award annual supply contract number FY09-028 to the low bidder 

meeting specifications, HD Supply Waterworks, San Antonio, Texas, in the estimated 

amount of $176,515.25, for the purchase of fire hydrants for the City of Laredo's 

Utilities Department. This is an annual supply contract that allows for the purchase of 

fire hydrants on an as needed basis. The City did receive a lower bid from East Jordan 

Iron Works which did not meet the department's published specifications. Funding is 

available in the Utilities Department Fund. 

INITIATED BY: 


STAFF SOURCE: 




BACKGROUND: Four bids were received for the City's annual contract for the purchase of fire hydrants. 

The fire hydrants will be purchased in two or three lots or as needed by the department. The contract 

award is based on an estimated quantity of one hundred and fifty hydrants. 

The apparent low bidder, East Jordan Waterworks submitted a bid for a fire hydrant that they did not 

indicate would meet the published specifications. Based on the Utilities Department's review of the bids 

submitted, staff is recommending that a contract be awarded to the low bidder meeting the published 

specifications, HD Supply Waterworks, San Antonio, Texas. 

Summary Based on Bid Evaluation Criteria 

Vendor 

HD Supply Waterworks 

ACT Pipe & Supply 

Ferguson Waterworks 

East Jordan Iron Works 

Estimated Contract Amount 

$ 176,515.25 

$ 184,838.00 

$ 217,525.00 

$ 175,122.50 

Notes 

*Did not meet Specifications 

A complete Bid Tabulation is attached. 



performance of an annual supply contract beyond the current fiscal year is contingent upon the availability 

of appropriated finds from which payments for the contract purchases can be made. If no funds are 


Utilities Department-Inventory Account 




It is recommended that this contract be approved.

Bid Tabulation FY09-028 

Dry-Barrel Fire Hydrants 

Utilities Department 

January 9, 2009 3:00 P.M. 

Item Description Quantity Unit Price Total 

1 3'-0"Fire Hydrant complete wlaccesory kit 25 $1,096.20 $ 27,405.00 



Total $ 175,122.50 

Brand 

Discount offered 

EJlW # 5CD250 

0% 

Mueller Super A423 

0% 

Item Description Quantity Unit Price Total 

1 3'-O"Fire Hydrant complete wlaccesory kit 25 $1,319.00 $ 32,975.00 



Total $ 217,525.00 

Brand Mueller Super Centurian 250 

Discount offered 0% 

Unit Price Total 

$ 1,157.06 $ 28,926.50 

$ 1,213.50 $ 60,675.00 

Kennedy K81 D 

0%


DATE: 

0311 6/09 


Consideration to renew contract FY08-033 to the following vendors: 

1) Kinloch Equipment & Supply, Pasadena, Texas in the amount of $40,000.00 

2) Industrial Disposal Supply, San Antonio, Texas in the amount of $50,000.00 

3) Nueces Power Equipment, Laredo, Texas in the amount of $40,000.00; 

for the purchase of original equipment manufacturer (OEM) parts and service for the 

City's Elgin and Tymco street sweeper and Case equipment. This contract establishes 

discount percentage pricing for the purchase of needed repairs and replacement parts and 

services which are secured on an as needed basis. Funding is available in the Fleet 

Management budget. 

INITIATED BY: 


STAFF SOURCE: 

Antonio Lara, Fleet Department Manager 



amount of $130,000.00. 

BACKGROUND: This contract establishes a percentage discount on repair and replacement parts and a labor 

rate for travel and repair service for the various street sweeper and Case equipment. All three vendors have 

agreed to and signed the contract renewal notices to extend the term of this contract for one additional year. 

Staff is recommending that this contract be renewed. 

Kinloch Equipment Industrial Disposal Nueces Power Equipment 

Parts Labor Rate Parts Labor Rate Parts Labor Rate 

Equipment Discount % Mileage Discount % Mileage Discount % Mileage 

Elgin 0% List $75.OO/hour 

$ 75.00/Hr- 

Mileage 

over 300 miles 

Tymco 0% Dealer $ 70.00/hour 

Case 0% Retail $ 90.00 Shop 

$ 110.00 Field 



perfonnance of this contract beyond the current fiscal year is contingent upon the availability of appropriated 

hnds from which payments for the contract purchases can be made. If no funds are appropriated and budgeted 

during the next fiscal year, this contract becomes null and void. 

Funding for this service is available in the Fleet Maintenance budget. 

Account Number: 5 93-28 1 0-533-2078 - Heavy Equipment PartsIService 



It is recommended that this contract be renewed.

DATE: 

1311 6/09 

[NITIATED BY: 


I 



Consideration to amend contract number FY08-067 awarded to Double R 

Construction, Laredo, Texas to reflect the legal name change of Double R 

Construction to R. Ramirez Construction, Inc.; and to increase the contract amount 

by $100,000.00, for providing asphalt repairs for the Utilities Department 

waterline replacement projects. The proposed amendment would increase the 

current contract to $895,000.00 in order to provide funding for the remainder of 

the contract term. Funding is available in the Water and Sewer Fund budgets. 

STAFF SOURCE: 



I 


mount of $795,000.00. 

BACKGROUND: This contract provides the Utilities Department with asphalt repair services for asphalt 

:epairs to streets, sidewalks, curbs, and driveways as a result of the ongoing water and wastewater line 

:eplacements. This service includes all the necessary equipment, personnel, and materials needed to 

:omplete the repairs. The service rate is based on a square footage rate of $2.65. 

The term of this contract which was for a one year period will expire on 05/05/09. Due to an increase in the 

repair of streets, sidewalks, curbs, and driveways damaged by water line repairs and water line replacement 

projects, this contract will fund out before the end of the contract term requiring a change order to increase 

the contract amount by $100,000.00. 

The contract vendor has legally changed the name of their company from Double R Construction to R. 

Ramirez Construction, Inc., Laredo, Texas. The name change also requires an amendment to this contract. 

Original Contract Award $795,000.00 

Amendment No. 1 $1 00,000.00 

Revised Contract Total $895,000.00 



performance of this contract beyond the current fiscal year is contingent upon the availability of 

appropriated funds from which payments for the contract purchases can be made. If no funds are 


Utilities Department 

Sewer Fund, Maintenance of Line Account Number: 559-4220-533-2015 

Water Fund, Maintenance of Line Account Number: 557-4130-533-2015 



It is recommended that this amendment be approved.

From: Alma Cheramle At: Swantner 8 Gordon FaxlD: To: Attn. Mindy Corona Date: 311 1R0013 09:23 AM Page: 2 of 3 

ACORD, 

PRODUCER 

I 

CERTIFICATE 

Swantner h Oordon Ins Agcy-CC 

PO Box 870 

Corpus Chrieti TX 78403-0870 

Phone:361-883-1711 Fax:361-844-0101 

INSURED 

COVERAGES 

kmiro Ramixez Construction 

Inc . 

3131 Homer Drive 

Laredo '13C 78041-1936 

LIABILITY INSURANCE 

( n m m 

OPlD CHAL 

RAWUCl 03/11/09 

THlS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 

ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 

HOLDER. THlS CERTIFICATE DOES NOT AMEND, EXTEND OR 

ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 

INSURERS AFFORDING COVERAGE 

IN~LRER A: Adrmtral Xnaurance Company 

INS~RER 8: ~~dland Insurance Company 

INSURERC: Texas bfutual Ins Co 

INSURER 0: 

INSURER E: 

asrlcm mtam sp.cialfy LM 

DATE 

I Ti€ POLICIES OF INSWCE LISTED BELOW WVE BEEN ISSUED TO ME INSURED W D ABOVE FORM POLICY PERIOD INDICATED. NOTWlTHSTPNDlNG 

1 aNY RECUIREMNT. TEW OR COFUITION OF ANY COMRACT OR OTHER OOCUkENT WIlH RESPECT TO WHICH THlS CERTIFIC4E W Y BE ISSUED OR 

MAY PERTM. l'E IhSUUWCENFOROEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOIVL M TERMS. EXCLUSIONS CWITIONS OF SlKH 

NAIC # 

24856 

37303 

22945 

26883 

B 

GENL AGGREGATE LlMlT PPPLIES PER: 

4 2% n 

AUTOMOBILE LIABILITY 

7 

ANY MO 

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- 

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PLL o w 0 MOS 

LOC 

RZC~~0001131 

05/12/08 

05/12/09 

COMslNEDSlffiLE LIMIT 

BOOlLY INJWY 

(Per person) 

BOOlLY lMRY 

(Per BCcident) 

PAOPERTY DWGE 

(Pw eccidd) 

I 1 , 000,000 

5 

I 

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M Y M O 

EXCESSAJMBRELLALIABILIM 

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05/12/08 

05/12/09 

AUTO ONLY- EA ACCIDENT 

OMERTHaN 

M O ONLY: 

E4CH OCCURRENCE 

AGGREGAE 

EAACC 

AGG 

$ 

$ 

1 

12,000f000 

1 2,000,000 

$ 

MDUCTIBLE 

RETENTION $10,000 

WORKERS COMPENSAllON AND 

EMPLOMRE' LWlLllY 

ANY PROPRIETOR~PPR~NEPJEXECUTIM 

CFFICERIMEMBER EXCLUDED7 

If yes. describe under 

SPECIAL PROVISIONS below 

OTHER 

TsF0001190965 

05/12/08 

05/12/09 

-x I TS&m 

E.L.EACHACCIDENT 

E.L. DISEASE- EAEWLOYEE 

E.L. DISEASE- POLICY LIMIT 

$ 

I 

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$1000000 

$ 1OOOOOO 

I 

OESCRlPllON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENOORSEMENTI SPECIAL PROVISIONS 

1 Waiver of Subrogation in favor of the Certificate Holder applicable to I 

Workers Compensation, asneral Liability and Automobile Liability policies. 

CERTIFICATE HOLOER 

CANCELLATION 

WOULD ANY OF THE ABOVE OESCRlEED POLICIES BE CANCELLED BEFORE WE EXPIR4llON 

CI-A-~ 

DATE THEREOF. THE LESUING INSURER WILL ENDEAVOR TO W L 1 0 DAYS m N 

I 

Additional Insured aa required by mitten insured contract in favor of the 

Certificate Holder applicable to Qeneral Liability and Automobile Liability. 

I I NOnCE TOME CEWICATf. HOLDER W ED TO M E LEFT, BLiT FAILURE TO 00 80 SHALL I 


p.0. BOX 579 

Laredo TX 78040 

IMPOSE NO OBLlGATlON OR LlABlLlTY OF ANYKIND UPON M E INSURER, ITS AGEm OR 

REPRESEHTAllVES. 

ACORD 25 (2001108) @ ACORD CORPORATION 1988 

I

From: Alma Cheramie At: Swantncr 8 Gordon FaxlD. To: A*. Mindv Corona Date: 311 IROOQ 08:23 AM Paae: I 013 

Fax 

From the Desk of Alma Cheramie 

Company: Swanher & Gordor 

Phone:(36I) 883-1711 ext. 270 

Fax: (361) 844-0101 

To: Attn. Mindy Corona 

Company: City of Laredo 

Phone: ( ) - 

Confidential 

Fax: (956) 795-307; 

Pages: 3 

Date: 311 112009 09:23:06 AN. 

Subject: Certrficate: City of Laredo 

Information in this facsimile is confidential and intended for use by the individual or entity named above. 

If you received this telecopy in error, please immediately telephone us and return the 0+1 

via U.S. Postal Service. 

Message: See attached Certifiate of Insurance as requested by Mindy Corona @ the City 

of Laredo. 

Thanks, 

Alma

From: Alma Cheramle At: Swanher & Gordon FwlD: To: Attn. Mindy Corona Date: 3/11/2009 09:23 AM Page: 3 

IMPORTANT 

If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement 

on this certificate does not confer rights to the certificate holder in lieu of such endorsement($). 

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may 

require an endorsement. A statement on this certificate does not confer rights to the certificate 

holder in lieu of such endorsement(s). 

DISCLAIMER 

The Certificate of Insurance on the reverse side of this form does not constitute a contract between 

the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it 

allrmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.

PAX 5124463-5709 

~P~ $Em 

T ~ ~ s a r 

Clwpomtiod Act


DATE: 

311 6/09 

SUBJECT: MOTION 

Consideration for approval to advance Stage 1 of the Water Conservation and 

Drought Contingency Ordinance to Stage 3 effective on April 2, 2009. This 

means that all even number addresses will water on Mondays, Wednesdays 

and Fridays and all odd number addresses will water on Tuesdays, Thursdays 

and Saturdays. 

INITIATED BY: 

Jesus M. Olivares 


STAFF SOURCE: 

Tomas M. Rodriguez Jr., P.E. 


PREVIOUS COUNCIL ACTION: On 12/15/08, Council approved changing Stage 3 of the Drought 

Contingency Plan to a Stage 1 allowing water customers to irrigate their lawns any day at any 

time. 

BACKGROUND: 

On 7/22/06, a Stage 3 of the Water Conservation and Drought Contingency Ordinance was 

declared restricting certain water uses in Laredo, Texas. 

In order to prepare for the peak water demand this summer, the Utilities Department is requesting 

to initiate a Stage 3 effective April 2, 2009. 


N/A 


NIA 


Approve motion


DATE: SUBJECT: MOTIONS 

03/16/09 Consideration to award contract number FY09-030 to RM Personnel, mc, Laredo, Texas, 

in the estimated annual amount of $ 202,850.00 for providing contract employees for the 

Laredo International Airport Department. Temporary contract employees have been 

requested for dispatchers and customer service agent positions. The term ofthis contract 

will be for one year with an option to extend for one additional year. Funding is available 

in the Airport Fund. 

INITIATED BY: 


STAFF SOURCE: 

Jose L. Flores, Airport Director 



BACKGROUND: The City received five (5) bids for awarding a contract for providing temporary contract employees 

for the Airport. The Airport Department is requesting five (5) dispatchers and six (6) customer service agents 

working 40 hours per week each (24 hours per day). The contract vendor will provide the Customer Service Agent 

with a professional uniform. All Customer Service Agents must pass a local criminal check and Federal (FBI 

Fingerprints) background check. The contract vendor will provide liability and worker compensation insurance 

coverage for these contract employees. 

Summary Based on Bid Evaluation Criteria 

RM Personnel Staff Force Amigo Staffing ManPower ADDECO 

Laredo, TX Laredo, TX Laredo, TX Laredo, TX Laredo, TX 

Description Annual Annual Annual Annual Annual 

Contract Amt Contract Amt Contract Amt Contract Amt Contract Amt 

Dispatcher $ 101,250.00 $ 102,870.00 $ 102,870.00 $ 102,870.00 $ 111,780.00 

Customer Service Agent $ 101,600.00 $ 101,600.00 $ 101,600.00 $ 101,600.00 $ 110,400.00 

Total $ 202,850.00 $ 204,470.00 $ 204,470.00 $ 204,470.00 $ 222,180.00 

A complete bid summary is attached. 

FINANCIAL IMPACT: All items will be purchased on an as need basis. Funds are allocated in the following line 

item budget: 

Department: Airport Security Guard Services 


I COMMITTEE RECOMMENDATION: 

i The Airport Advisory Committee concurs with 

I this recommendation. 


It is recommended that this contract be approved. 

I

Bid Tabulation 

FY09-030 Contract Labor-Laredo Airport 

Hourly Wage Paid Contractor Total Cost Annual Contractor Total Cost Annual Contractor Total Cost Annual 

Position Est. Hours by Contractor Cost Hours Paid Contract Amount Cost Hours Paid Contract Amount Cost Hours Paid Contract Amount 

Dispatcher 9,000 $ 9.00 $ 2.25 $ 11.25 $ 101,250.00 $ 2.43 $ 11.43 $ 102,870.00 $ 2.43 $ 11.43 $ 102,870.00 

Service Agent 10,000 $ 8.00 $ 2.16 $ 10.16 $ 101,600.00 $ 2.16 $ 10.16 $ 101,600.00 $ 2.16 $ 10.16 $ 101,600.00 

Term: Net 30 $ 202,850.00 $ 204,470.00 $ 204,470.00 

Hourly Wage Paid Contractor Total Cost Annual Contractor Total Cost Annual 

Position Est. Hours by Contractor Cost Hours Paid Contract Amount Cost Hours Paid Contract Amount 

Dispatcher 9,000 $ 9.00 $ 2.43 $ 11.43 $ 102.870.00 $ 3.42 $ 12.42 $ 111,780.00 

Service Agent 10,000 $ 8.00 $ 2.16 $ 10.16 $ 101,600.00 $ 3.04 $ 11.04 $ 110,400.00 

Term: Net 30 $ 204,470.00 $ 222,180.00 

Hourly Wage Paid Contractor Total Cost Annual Contractor Total Cost Annual 

Position Est. Hours by Contractor Cost Hours Paid Contract Amount Cost Hours Paid Contract Amount 

Dispatcher 9,000 $ 9.00 $ 2.43 $ 11.43 $ 102,870.00 $ 3.42 $ 12.05 $ 108,426.60 

Service Agent 10,000 $ 8.00 $ 2.16 $ 10.16 $ 101,600.00 $ 3.04 $ 10.71 $ 107,088.00 

$ 204,470.00 $ 215,514.60 

Discount Terms 1% 15 Days $ (2,044.70) Discount Terms 3% 15 Days $ (6,465.44) 

Contractor Total Cost Annual 

Cost Hours Paid Contract Amount 

$ 2.43 $ 11.43 $ 102,870.00 

$ 2.16 $ 10.16 $ 101,600.00 

$ 204,470.00 

Discount Terms 25% net - 15 Days 

Vendor intended to offer a 25% discount on 

the contractor cost and not the final invoice.


DATE: 

0311 6/09 


Consideration for approval of change order no. 1 a decrease of $11,872.3 8 for the balance of 

quantities actually constructed in place, release of retainage, acceptance of the South Laredo Street 

Paving Project (5 Blocks - District I) and approval of final payment in the amount of $3 1,661.44 to 

Gilmar Construction, Ltd., Laredo, Texas. Final construction contract amount is $3 16,614.42. 

Funding is available in the 2007 CO City-Wide Street Paving Project. 

INITIATED BY: 

Carlos Villarreal, 

City Manager 

STAFF SOURCE: 

Rogelio Rivera, P.E., 

City Engineer 


On July 7,2008, City Council awarded a construction contract to the lowest bidder Gilmar Construction, Ltd, 

Laredo, Texas, in the amount of $328,486.80 for the South Laredo Street Paving Project (5 Blocks - District I). 

BACKGROUND: 

The original project consisted of paving five (5) city blocks, with Hot Mix Asphalt Type "D" and flexible base. 

This project also included curb and gutter and accessible ADA sidewalk improvements. The paving thickness was 

2" (inches) and black base was 5" and 3" of flexible base under the curb. The sidewalk and driveways were 4 feet 

in width with ADA ramps at each crossing. 

Plans and specifications were prepared in-house by the City Engineering Department. 

This change order no. 1 is for the balance of quantities actually constructed in place. 

. . 

Original contract amount.. ......................................................................$328,486.80 

(Approved by City Council on July 7,2008) 

This change order no. 1 ..........................................................................$( 11,872.38) 

Final construction contract amount.. .......................................................... $3 16,614.42 

List of streets is was follows: 

Name of Street 

Napoleon 

Santa Clara 

Dryden Avenue 

Dryden Avenue 

Pecan 

From 

Ej ido 

Ej ido 

Pecan 

San Salvador 

Ej ido 

To 

Dryden 

Dryden 

Santa Clara 

Pecan 

Dryden Avenue 

The project was completed within the contract time allotted. 

FINANCLAL IMPACT: 

Funding is available in the 2007 CO City-Wide Street Paving Project. 

Account No. 462-9853-535-9520 


N/A. 


Approval of Motion.

CONSIDERATION FOR APPROVAL OF CHANGE ORDER No. 1, AND ACCEPTANCE 

OF THE SOUTH LAREDO STREET PAVING PROJECT (5 BLOCKS-DISTRICT I) 

AND APPROVAL OF FINAL PAYMENT 

City Council Meeting 

March 16, 2009 


ENGINEERING DEPARTMENT 

trio lamm n PO an sn m -1-TM fu U~OI RI-ms 

AGENDA ITEM


DATE: 



Consideration for approval to award a professional services contract to Crane Engineering 

Corporation, Laredo, Texas, for an amount of $285,600.00 for design and preparation of 

plans and specifications for the North Merida Drive Extension Project. Design work is to 

be done on a fast track basis approximately two hundred forty (240) days. Funding is 

available in the 2007 Environmental Services C.O. Issue. 

INITIATED BY: 

Carlos Villarreal, 

City Manager 


None. 

STAFF SOURCE: 

Rogelio Rivera, P.E., City Engineer 

Riazul I. Mia, Environmental Director 

BACKGROUND: 

The proposed scope of services is to include, but not limited to: 

Planning, design and permitting for the proposed construction of the extension of North Merida Drive and 

other public improvements that will be required for the successful completion of this project. These 

services are limited to the approximate 1,500 linear feet section within the proposed Independence Hills 

Park Project. 

Breakdown is as follows: 

*Design, Surveying and Preparation of Final Construction Drawings and 

Specifications; Bidding Phase Services, and Construction Administration.. ................... $208,100.00 

*Hydrologic and Hydraulic Modeling and Floodplain Compliance.. ............................ .$ 10,000.00 

*Preliminary Jurisdictional Determination. ........................................................... $ 7,500.00 

*Boundary and Right-of-way Acquisition Easement Surveys.. .................................. .$ 20,000.00 

"Preliminary Geotechnical Investigation. ............................................................ .$ 20,000.00 

*Allowances (Greenspace Compliance Report, Preconstruction Notice for 404 

Permit and Additional Hydrologic and Hydraulic Modeling). ................................... .$ 20,000.00 

Total Fee.. ................................................................................................. .$285,600.00 

Design work is to be done on a fast track basis approximately two hundred forty (240) days. 


Funding is available in the 2007 Environmental Services C.O. Issue. 

Account No. 249-3891 -545-9533 


Approved by the City Council Operations 

Committee on 


Approval of Motion.


DATE: 



Consideration to authorize the City Manager to enter into contract with a retail electric 

provider for electric service to meet the electricity requirements of all City of Laredo 

accounts. The service shall begin on the first meter reading on or after May 3 1,2009. 

INITIATED BY: 

Horacio De Leon, 



STAFF SOURCE: 

Rosario C. Cabello, Finance Department Director 


BACKGROUND: The City received ten proposals to enter into a contract for providing electricity for all 

of its accounts. The City has approximately 500 Electric Service Identifiers (ESI IDS) on the AEP Texas 

Central delivery system (AEP). These ESIDYs are a combination of IDR metered, scalar metered and unmetered 

locations as defined by AEP. The City seeks a company that can provide a reliable supply of 

electricity, associated services and a high level of customer service. The pricing options submitted by REPS 

are very competitive and pricing options have been submitted for various contract terms. Pricing has been 

submitted for one, two, three, four and five year terms. 

The vendors submitting proposals include: 

US Energy 

Sempra Energy 

Suez Energy 

TXU Energy 

Cirro Energy 

Direct Energy 

Gexas Energy 

Constellation New Energy 

Reliant Energy 

Bid Texas On-Line 

FINANCIAL IMPACT: It is anticipated that significant savings shall be realized due to a decrease in the 

cost of kWH. 



It is recommended that this action be approved.


DATE: 



Consideration for approval of change order #2 to Holloman Corporation, to provide an 

additional 45 days to their contract to 275 calendar days at no cost to the City for the 

Laredo Raw Water Pumphouse No. 2 Improvements. This change order is to provide 

additional time related to the long lead times required for electrical materials. The contract 

remains at $833,050.86. Funding is not affected by this motion. 

INITIATED BY: 


STAFF SOURCE: 

Tomas M. Rodriguez Jr., P.E., Utilities Director 


2/2/09, Approval of Change Order No. 1 in the amount of $87,398.86 for electrical improvements. 

6/2/08, Construction Contract awarded to Holloman Corporation, $745,654.00. 

BACKGROUND SUBJECT: MOTION 

- - - - -- -- -- -- - 

This change order is toexiend thecontract in aaditional45 days. The-Xditional-daySaree- -- 

required due to long lead times required for electrical materials. The electrical materials were 

added late in the contract on previous change order no. 1. 

Original Contract. ...........................$ 745,654.00 200 days 

ChangeOrder#l ............................. $ 87,396.86 30 days 

Change Order #2.. ...........................$ 0.00 45 days 

Total $ 833,050.86 275 days 

- 


None 




To approve the change order.

I 

DATE: 




Consideration for approval of change order #2 to Holloman Corporation, to provide an 

additional 45 days to their contract to 345 calendar days at no cost to the City for the 

Mary Help of Christians Water Booster Station Improvements. This change order is to 

provide additional time related to the long lead times required for electrical materials. The 

contract remains at $1,610,423.38. Funding is not affected by this motion. 

1 

INITIATED BY: 

STAFF SOURCE: 

Jesus M. Olivares, Assistant City Manager Tomas M. Rodriguez Jr., P.E., Utilities Director 


1211 5/08, Approval of Change Order #1 in the amount of $307,459.3 8 

6/2/08, Construction Contract awarded to Holloman Corporation, $1,302,964.00. 

BACKGROUND SUBJECT: MOTION 

This change order is to extend the contract an additional 45 days. The additional days are 

required due to long lead times required for electrical materials. The electrical materials were 

added late in the contract on previous change order no. 1. 

- - -. . 

Original Contract. ...........................$1,302,964.00 

240 days 

Change Order #l........................... 

..$ 307,459.38 60 days 

I Change Order #2. ........................... .$ 0.00 45 days 

Total $1,610,423.38 345 days 


None 




To approve the change order.

DATE: 


INITIATED BY: 




Consideration to amend the existing contract awarded to Insitufonn 

Technologies, Inc., Houston, Texas for the rehabilitation of the Matamoros 

Street sewer line in the amount of $41,770.00. The project consists of repairing 

the existing Matamoros sewer line by sealing and lining the pipe of cracks 

caused by deterioration. Due to a change in existing conditions, the scope of 

work will need to be amended to compensate for differences in the pipe 

diameter and proposed adjusted linear footage. Funding is available from the 

2008 Utilities Revenue Bond. 

STAFF SOURCE: 


PREVIOUS COUNCIL ACTION: On August 25, 2008 the City Council awarded a contract to 

Insitufonn Technologies, Inc in the amount of $ 562,877.50 for the rehabilitation of the Matamoros Street 

sewer line. 

BACKGROUND: Staff is requesting authorization to amend a contract awarded to Insitufonn 

Technologies, Inc., Houston, Texas for the rehabilitation of Matamoros Street sewer line. The original 

scope included repairs to the sewer line but due to a change in existing conditions, the scope of work will 

need to be amended to compensate for differences in the pipe diameter and proposed adjusted linear 

footage. Staff recommends approving the proposed amendment. 

Insituform, Technologies 

8121 Broadway 

- - - 


- _ -- 

Original Contract Amount $ 562,877.50 

Contract Amendment 1 $ 41,770.00 

Revised Contract Amount $ 604,647.50 

FINANCIAL IMPACT: Funding is available from the 2008 Utilities Revenue Bond. 

Expense Account Amount 

Sewer System Rehabilitation Construction Projects 559-4282-538-0363 $ 41,770.00 




It is recommended that this contract be approved.

DATE: 




Consideration ofchange order # I for the acceptance of the Schreiber's Clarifier and the 

ABS Aeration/rvtixer Equipment by CG Construction, Inc. DBA CC Construction 

Laredo, Texas for the Nadbank-2, Phase "B", Penitas Wastewater Treatment Plant and 

change the capacity ofthe WWTP from 125,000 to 71,900 gallons per day. The 

contractor for this change order will supply a 60HP rotary phase converter for single 

phase to three phase; supply aerator motor controls and to be located in the electrical 

room; supply an AC unit for the electrical room; upsize the plant water pump station 

piping from 1" to 1 W'; provide a strainer upstream ofthe pump; provide air diffusers at 

the chlorine contact chamber (at each tum) with piping and valve at each diffuser; 

provide 5 HP variable speed blowers in lieu of2 HP constant speed air blowers, provide 

a timer controller located in the electrical building for the aeration equipment, and supply 

one spare ABS Aeration/Mixer equipment unit. The change order will result in a 

$26,700.00 credit to the City of Laredo. The revised contract amount is $1,381,369.98. 

The construction time will not be extended. This project is funded by the North 

American Development Bank (NADB) and is subject to their approval. Funds are 

available in the Colonias Fund. 

INITIATED BY: 


STAFF SOURCE: 

Tomas M. Rodriguez, Jr., P.E., Utilities Director 

PREVIOUS COUNCIL ACTION: City Council awarded the contract to CG Construction on 

12/1108. 

BACKGROUND SUBJECT: .MOTION 

During the technical review by the Texas Commission on Environmental Quality the average daily 

. _fiQw.w.as-c_hal1g~Jrom_l22,OOQ to.1L.2_QiLg9-lJQ~per day to meet the two hour peak flow factor that 

was revised from 2.5 to 4 and to include only the average daily flow from Rancho·PefirfasWest.~The-- 

following items were requested by the Utilities Department to be included at the plant and ARCADIS 

was requested to update the plans accordingly: 

1. Contractor is to supply a 60HP rotary phase converter for single phase to three phase. 

2. Contractor to supply aerator motor controls and to be located in the electrical room. 

3. Contractor to supply AC unit for the electrical room. 

4. Contractor to provide a timer controller located in the electrical building for the aeration 

equipment. 

5. Contractor to upsize the plant water pump station from 1" to 1 W'. 

6. Contractor to provide a strainer upstream ofthe pump. 

7. Contractor to provide air diffusers at the chlorine contact chamber (at each tum) with piping 

and valve at each diffuser. 

8. Contractor to provide 5 HP variable speed blowers in lieu of2 HP constant speed air blowers. 

9. Contractor to supply one spare ABS Aeration/Mixer Equipment unit. 

The contractor was able to incorporate the extra items an provide a credit to the City using the 

Schreiber's Clarifier instead ofEnvirodyne Systems Clarifier and the ABS Aeration Equipment Units 

instead of SAM aerator mixer. This equipment meets the plans and specifications done by the 

consultant. The consultant approved and recommended the proposed changes. 

- Original Contract 

- Change Order # 1 

Total 

$1,393,537.00 

- $ 26,700.00 

$1,381,369.98 

250 Days 

oDays 

250 Days 


Funds are available in the NADBANK Colonia Fund Account #451-8311-535-9301. 

COMMITTEE RECOMIVIENDATION: 


STAFF RECOIVIMENDATION: 

Approve the change order.

DATE: 


INITIATED BY: 

HORACIO A. DE LEON JR., 

ASSISTANT CITY MANAGER 



Refund of property tax in the amount of $5,868.06 to the following taxpayers; 

1. A refund in the amount of $1,509.31 payable to Jose Luis Castillo due to an 

overpayment. Account # 437-00659-071. 

2. A refund in the amount of $530.28 payable to Compass Bank due to an overpayment. 

Account # 922-80005-070. 

3. A refund in the amount of $1,770.49 payable to Compass Bank due to an overpayment. 

Account # 968-90002-170. 

4. A refund in the amount of $676.34 payable to Compass Bank due to an overpayment. 

Account # 909-00044-360-000010-090069. 

5. A refund in the amount of $1,381.64 payable to Quicksilver Enterprises Ltd due to an 

overpayment. Account # 989-30002-511. 

STAFF SOURCE: 

ELIZABETH MARTINEZ, RTA 

TAX ASSESSOR-COLLECTOR 


City Council has previously approved requests for refunds over $500.00 as required by State Law. 

BACKGROUND: 

Every month the Webb County Appraisal District submits to the City of Laredo changes in values certified 

by the WCAD Review Board. Some of these changes require tax refunds be issued due to clerical errors, 

double assessments, over assessments, over 65 exemptions, did not exist on the lSt of the year, exempt 

property -andct-comhec+Properties. As per section 26.15 (f) of the Texas Property Tax Code, "If a 

correction decreases the tax liability of a property owner after the owner has paid the tax, the taxing unit 

shall refhd to the property owner the difference between the tax paid and the tax legally due. As per 

Section 3 1.1 1 ( c ) of the Texas Property Tax Code, "An application for a refund must be made within 

three years after the date of the payment or the taxpayer waives the right to the refund." A taxpayer may 

request a refund if an overpayment or an erroneous payment was made. As per Section 42.43 (a) of the 

Texas Property Tax Code, "If the final determination of an appeal that decreases a property owner's tax 

liability occurs after the property owner has paid hisher taxes, the taxing unit shall refund to the property 

owner the difference between the amount of taxes paid and amount of taxes for which the property owner 

is liable. 


The City of Laredo will refund an amount of $5,868.06. It will be paid from line item RevenuetUnapplied 

Payments. Account # 10 1-0000-222-0300. 



Approval of these refunds as detailed above.

City of Laredo Tax Office 

Tax Assessor - Collector 

P.O. BOX 6548 11 10 Houston St. 

Laredo, TX 78042 - 6548 

AppCication for Tax Refid 

Owner's name: Chapa Ramiro & Elodia B, 

Present mailing address: P.O. BOX 3775 

City, town or post office/state/zip code: Laredo, TX 78044 

Refund payable to:(if different from above) 

Name: 

Jose Luis Castillo 

Mailing address: 

1302 Lois Ln. 


I 

Property legal description: W 41' of 7 & S 92.8' of 8 Blk 659 ED 

Address or location of property: 1106 E San Carlos St. 

Parcel number: 437-00659-071/124710 

Tax Payment Information: 

Amount of 

Year for which Date of the Amount of tax refund 

....... 

refund ................... is ..... requested .... ...................... 

............................. . .. tax ..... ..... payment ........................... . Taxes paid 

,. . . .,. .,, . ,. . . . . . .. . .,. . . requested 

, . . . . . . . . . .,. ,. ,. ,., . . 

2008 2/3/2009 $ 3,854.36 $ 1,509.31 

Total Refund $ 1,509.31 

Taxpayer's reason for refund (attach supporting documentation): 

Account has credit due to overpayment for 2008 tax year. The taxes were paid on 2/03/09 with check #606. As per office 

research, refund form and notice will be sent to property owner. 

"I hereby apply for the refund of the above-described taxes and certify that the information I have given on this form 

is true and correct" 

Signature 

If you make a false statement of this appli 

state jail felony under Tex 

2119/2009 

Date 

u could be found guilty of a Class A misdemeanor or a 

2/19/2009 

Date



P.O. BOX 6548 1110 Houston 


Fm-l 

~.~fication for fax 

~~-ooo~-~~~-~~-o~(DEF.REv.~ 

Owner's name: 

Garcia Rosa Fabian & Arturo 

Present mailing address: 

3914 Chiclcasaw Ln. 



Name: 

Co~npass Banlt / 

Escrow Department 

Mailing address: P.O. BOX 830953 

City, town or post office/state/zip code: Birmingham, A135283 

Property legal description: Cheyenne Phase 111, Blk 5 Lot 7 

Address or location of property: 3914 Chiclcasaw Ln. 

Parcel number: 922-80005-070/592789 


Amount of 


refund is requested 

'................................................................., ... tax .................... payment ................ ..................................... Taxes paid ...... ..... requested ................................... 

2008 1/29/2009 $ 6,680.02 $ 530.28 

Total Refund $ 530.28 


Account has credit due to overpayment for 2008 tax year. The taxes were paid on 1/29/09 by Con~pnss Bank, CH#30019357, 

on behalf of property owner. Tax payment check was written for $530.28, a~~iount due to three tax entites. As per office research, 

refund will be sent to Compass Banlc. 1 

"I hereby apply for the refund of the above-described taxes and certify that the information I have given on this for111 


As per office research 2/2/2009 

Signature 

Date 

If you make a false statenlent of this application, you could be found guilty of a Class A nlisdenlennor or a 

state jail felony under Texas 


Date 

Disapproved 

66 

Date





A . Gcation for fax Refind 

Owner's name: 

Flores Juan Alejandro & Maria 

Present mailing address: 

904 Doner Rd. 


Refund payable to:($ different from above) 

Name: 

Colnpass Banlc J 




Property legal description: Lot 17 Bllc 2 Deerfield IV 

Address or location of property: 904 Doner 

Parcel number: 968-90002-170/581504 


Amount of 


....... 

refund ......................... 

is requested ............................,........ .................. . tax . . payment 

,. . . . . . .,. . . . . . . . . ........................ Taxes paid '......... ........ requested 

,......................... 

.............. 

2008 1/29/2009 $ 6,680.02 $ 1,770.49 

Total Refund $ 1,770.49 


Account has credit due to overpayment for 2008 tax year. The taxes were paid on 1/29/09 by Conlpass Banlc, CH#30019357, 

on behalf of property owner. Tax payment checlc was written for $2387.74, amount due to three tax entites. As per office research 

refund will be sent to Compass Bank. 1 

"1 hereby apply for the refund of the above-described taxes and certify that the information I have given on this for111 



Signature 

Date 

If you make a false statement of this application, you could be found guilty of a Class A misde~ncanor or a 

state jail felony under Texas P 


Date 

Disapproved 

( Tax Assessor-Collector





Ayyfication for lax Refund 

Owner's name: 

Garcia Maria Diana & Husb 

Present inailing address: 

818 Boise Way 



J 

Name: 

Compass Bank 




Property legal description: Unit 36 Phase I1 Nortllview Townliouses, 50% Undivided Interest Property 

Address or location of property: 805 E Del Mar Blvd 

Parcel number: 909-00044-360-000010-090069/632981 


Amount of 

Year for which Date of the Amount of 

tax refund 

............................................................................... 

refund is requested 

...... . . tax . . . . . payment 

. . . . . . . . . . . . Taxes paid 

requested 

, ,,......................................... 

........................................ 

2008 1/29/2009 $ 6,680.02 

$ 676.34 

Total Refund 

$ 676.34 


Account has credit due to overpayment for 2008 tax year. The taxes were paid on 1/29/09 by Compass Bank, CH#30019357, 

on behalf of property owner. Tax payment checl< was written for $1038.35, amount due to three tax entites. As per office research 

refund will be sent to Compass Bank. 1 

"1 hereby apply for the refund of the above-described taxes and certify that the information I have given on this forin 



Signature 

Date 

If you make a false statement of this application, you could be found guilty of a Class A misdemeanor or a 

state jail felony under Texa 

\ / 


Date 

Disapproved


DATE: 

03-1 6-09 


RE-ACTIVATING AND CREATINGIAMENDING THE MAYOR AND CITY 

COUNCIL CHARGE TO THE TELECOMMUNICATIONS ADVISORY 

COMMITTEE; ITS MEMBERSHIP, TERMS OF OFFICE, METHODS OF 

APPOINTMENT, AUTHORITY, DUTIES, AND OTHER TERMS AND 

CONDITIONS. 

INITIATED BY: 



None. 

BACKGROUND: 

STAFF SOURCE: 


On September 4, 1984 the City Council adopted Ordinance No. 84-0-130 establishing the Laredo Cable 

Commission with duties related to Cable Franchise Administration and Public Access Channels. The 

general authority of the commission included the authority to accept funds from any source, to conduct 

inquiries, surveys, and investigations; to receive testimony of witnesses; hold public hearings, and the like 

pertaining to the operations of a cable television system in the city as may be required for the conduct of its 

business and the discharge of the duties assigned to it; and administration of the access channels. 

On August 19, 1996, the City Council adopted Ordinance No. 96-0-125 granting a franchise to KBL 

Cablesystems of the Southwest, Inc. to construct and operate a cable television system and setting for the 

terms and conditions thereof. The Laredo Cable Television System Franchise Ordinance of 1982, as it is 

known, attempted to change the name of the Laredo Cable Commission to Laredo Telecommunications 

Committee. 

On January 2001 the City Council, by motion, adopted the "Priority Procedures for the Mayor and City 

Council" (revised August 2005) and designated the Telecommunications Advisory Committee a standing 

committee created whose members are appointed by the Mayor and Council Members. 

On September 5, 2005 Texas Governor Rick Perry signed Senate Bill 5 into law, thereby designating the 

Public Utilities Commission (PUC) franchising authority for a state-issued franchise for the provision of 

cable service or video service. Since the duties of the Laredo Cable Commission, as they related to 

franchises were diminished by the SB 5, the commissioners determined that the commission was no longer 

empowered to perform many of duties set forth in Ordinance No. 84-0-130. The Laredo 

Telecommunications Commission similarly continued to meet and similarly fell into a period of dormancy. 

The confusion that exists between the Cable Commission and the Laredo Telecommunications Commission 

is being resolved by abolishing the Laredo Cable Commission and re-activating and amending the charge 

to the Telecommunications Advisory Commission (as it was so designated by the Priority Procedures for 

the Mayor and City Council"). 

On February 17, 2009, the City Council voted unanimously to re-activate the Telecommunications Advisory 

Committee and createlamend a new charge to address issues of public access, consumer advocacy, and 



None. 




Charge from the Laredo Mayor and City Council 

To the Laredo Telecommunications Advisory Committee 

March 16,2009 

I. General powers and duties: 

11. Vision: 

The Laredo Telecommunications Advisory Committee is a standing 

committee that shall advise the Mayor and City Council on 

telecommunications matters; shall prepare and submit reports to the City 

Manager and City Council; conduct inquiries, surveys, investigations and 

the like and to receive testimony of witnesses; adopt bylaws and other 

rules governing its operation and take such action necessary for the 

performance of its official duties. 

Provide a mechanism for the citizenry to bring forward issues dealing with 

telecommunication related matters. 

Ill. Goals, responsibilities 

Goals: 

To assist the citizens of Laredo in resolving problems with 

telecommunication matters. 

To assist the City Manager and City Council in providing a more efficient 

and effective Public Access Channel operation and meet the needs of the 

public. 

To assist in the education of the citizenry regarding Public Access 

Channel benefits. 

Responsibilities: 

Hear consumer complaints related to cable television or satellite service 

and insure that there is a clearing house for consumer complaints related 

to cable and satellite television service; insure a consumer complaint 

database is maintained by the Information Services and 

Telecommunications Department of the city; hear and make 

recommendations regarding any grievance arising from the Public Access 

Page 1 of 6 



March 16,2009

Channel rules, regulations, procedures and rates for use of the public 

access facilities. 

IV. Officers, members 

A. Officers: 

I. Members shall elect a Chair and a Vice Chair 

2. Members also may elect other officers by majority vote. 

3. Officers shall serve one-year terms and may be re-elected. 

4. Officers shall be elected by majority vote from among the 

members whose terms are equal to or longer than the officer's 

term. 

5. Officers shall be elected by a majority vote of members voting in 

the presence of a quorum. 

6. Members may authorize the Chair to appoint other officers, 

including a Parliamentarian and/or a Sergeant-at-Arms, provided 

the authorization to appoint is by majority vote. 

B. Members 

V. Qualifications 

a) Appointed officers serve at the will of the appointing 

official, but may be removed by a majority of the members. 

b) Appointed officers may be re-appointed to one-year 

terms, provided they were not removed by majority vote. 

1. Number of members: There shall be nine (9) members 

2. Appointed by: The Mayor and City Council shall each appoint 

one member each. 

A. Residency: The Mayor and Council shall appoint City residents. 

B. Expertise: Members shall have a general knowledge of 

Telecommunications and/or the Telecommunications industry 

C. Other: None 

VI. Ethics and standards of performance 

Page 2 of 6 




A. Members are City Appointed Officials and shall reflect the highest 

standards of ethics, performance and excellence in customer service. 

B. They also shall reflect professionalism, courtesy and proper decorum 

in interacting with each other and with the public and while serving as City 

Appointed Officials. 

C. They shall comply with the standards, parliamentary authority (Robert's 

Rules of Procedure, 10th edition, 2000), policies and procedures defined 

in the protocol and procedures handbooks adopted by the Mayor and 

Council. 

VII. 

Training requirements 

A. Initial requirements, 2009: Members shall comply with the required 

orientation defined by the Mayor and Council. 

B. Additional training: Members shall participate in additional training as 

required by the Mayor and Council and may expect a focus on topics such 

as protocol, procedures and customer service, including the following 

elements: 

1 . Review of charge 

2. Parliamentary procedure and rules of decorum 

3. Techniques for successful meetings, hearings, forums 

4. Accountability and responsibility 

5. Public information and feedback 

6. Customer service in specific areas 

C. Failure to comply: Failure to participate in required orientation and 

training shall be grounds for removal, including denial of confirmation 

andlor of the oath of office. 

VIII. 

Timeline, schedule, required reports 

A. Timeline: The Committee shall deal with issues on a continuing basis. 

B. Schedule: The Committee shall determine a convenient to members of 

their regular meetings. 

C. Required reports: 

Page 3 of 6 




IX. Meeting requirements 

1. Biannual reports: Members shall submit biannual reports to the 

Mayor and Council by January 1 and by July 1. 

a) The January 1 report shall be the annual report and shall 

evaluate the work, activities and accomplishments of the 

previous year and the plans for the next year. Its required 

content is reflected in Template 10 of the Priority 

Procedures for the Mayor and City Council handbook. 

b) The July 1 report shall be submitted by the City Secretary 

with the assistance of designated City staff liaisons and 

shall include a progress report and required records. 

2. Minutes: The designated staff liaison shall submit the minutes of 

each meeting within a week of the meeting. 

a) The minutes shall include records of attendance, 

excused and unexcused absences and whether a 

quorum was established. 

b) The minutes shall be signed by the Chair and designated 

staff liaison. 

c) The Chair and designated staff liaison shall be 

responsible for recording the subsequent approval of the 

minutes. 

A. Members shall meet at least three times during the calendar year. 

B. If the Chair fails to call the required number of meetings, other 

members may call meetings according to requirements in the priority 

procedures handbook adopted by the Mayor and Council. 

C. Additional meetings may be called by the Chairman upon consultation 

or request of the Designated Staff Liaison. 

D. The agenda for each meeting shall be established by the Chairman in 

consultation with the Designated Staff Liaison. 

X. Accountability to the Mayor and Council 

A. Appointees of the Mayor and Council are accountable to the Mayor 

and Council. 

Page 4 of 6 




B. Annual reports, minutes and additional oral and written reports 

requested by the Mayor and Council shall reflect that accountability. 

C. The Mayor and Council hold all City Appointed Officials accountable 

for the highest standards of ethics, performance and excellence in 

customer service. 

XI. Accountability and accessibility to the public 

A. Reports submitted to the Mayor and Council shall be public information 

and reflect accountability to the public. 

B. The Telecommunications Advisory Committee is subject to the Priority 

Procedures for the Laredo Mayor and City Council as amended from time 

to time. 

C. Members shall be subject to the notice and openness requirements of 

the Texas Open Meetings Act. 

1. All meetings shall be posted in compliance with the procedures 

defined for the Mayor and Council in the priority procedures 

handbook. 

2. All meetings shall be held in compliance with the openness 

provisions of the Texas Open Meetings Act defined for the Mayor 

and Council in the priority procedures handbook. 

XII. 

Liaison with City Staff 

A. The designated City staff liaison shall be a representative of the 

Information Services and Telecommunications Department. 

B. The designated City staff liaison shall submit all required reports and 

records to the Mayor and Council via the City Secretary or the City 

Secretary's designee. 

C. The City Manager shall ensure that the designated City staff liaison 

works with members to comply with all directives of the Laredo Mayor and 

Council, including complying with provisions of the protocol and 

procedures handbooks adopted by the Mayor and Council. 

Charge Recommendation and Adoption 

This charge was recommended to the Laredo Mayor and Council by 

Page 5 of 6 




Designated Staff Liaison Gerardo J. Leal, Department Information Services and 

Telecommunications Department Date March 16, 2009 for the Laredo 

Telecommunications Advisory Committee created by MOTION ON 

on April 6, 2009. 

This charge was approved and issued by the Laredo Mayor and Council on the 

day of ,2009 



Gustavo Guevara Jr. 


Page 6 of 6 





DATE: 


SUBJECT: EXECUTIVE SESSION 

Request for Executive Session pursuant to Texas Government Code Section 

551.071 (l)(A) to consult with City Attorney regarding contemplated litigation; and return 

to open session for possible action. 

INITIATED BY: 


City Manager 

STAFF SOURCE: 

Raul Casso 

City Attorney 

PREVIOUS ACTION: 

None. 

BACKGROUND: 

None. 

FINANCIAL: 

None. 


None. 


None.

CITY COUNCIL MEETING AS MASS TRANSIT BOARD COMMUNICATION 

DATE: SUBJECT: RESOLUTION NO. 2009-RT-005 


AUTHORIZING THE CITY OF LAREDO, TX-LAREDO TRANSIT MANAGEMENT 

INC., (LTMI) TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY 

OF BROWNSVILLE, TX-BROWNVILLE URBAN SYSTEM (BUS) AND THE CITY 

OF McALLEN, TX-McALLEN EXPRESS TRANSIT (MET), FOR THE PURPOSE 

OF SOLICITING REQUEST FOR PROPOSALS (RFP) FOR THE PURCHASE OF A 

MINIMUM OF ONE (1) TO A MAXIMUM OF SEVENTY (70) HEAVY DUTY LOW 

FLOOR TRANSIT BUSES; OF WHICH TWENTY TWO (22) WILL BE 

PURCHASED BY THE CITY OF LAREDO. THIS IS A FIVE (5) YEAR 

REPLACEMENT BUS PLAN. FUNDING IS SUBJECT TO THE AWARD OF THE 

AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) IN THE 

ESTIMATED AMOUNT OF $4.7 MILLION AND IS SUBJECT TO THE APPROVAL 

OF ITS CORRESPONDING APPROPRIATION. 

INITIATED BY: 


STAFF SOURCE: 

Feliciano Garcia, Transit General Manager 

PREVIOUS BOARD ACTION: 

None 

I 

BACKGROUND: 

Management Staff from Brownsville Urban System (BUS) and McAllen Express Transit (MET) 

together with staff from Laredo Transit Management Inc. (LTMI), have met on several occasions to 

discuss and prepare specifications for heavy duty low floor transit buses. A combined joint effort from 

all three transit agencies prepared a competitive RFP for the purchase of buses in accordance with 

Federal Transit Administration (FTA) rules and regulations. The purpose of this agreement is to secure 

favorable contract pricing for this high volume purchase. 

FINANCIAL: Stimulus Package for Laredo, Texas in the amount of $4.7 million. 


n/a 



RESOLUTION NO. 2009-RT-005 

AUTHORIZING THE CITY OF LAREDO, TX-LAREDO TRANSIT 

-- -- -- MANAG=Ln\rC-(LTmTI)TER_INTO AN INTERLOCAL 

AGREEMENT WITH THE CITY OF BROWNSVILLE, TX- 

BROWNVILLE TKEGVTSTbbM-(BUS)- ANDTHE-TITY-OF-- -- 

McALLEN, TX-McALLEN EXPRESS TRANSIT (MET), FOR THE 

PURPOSE OF SOLICITING REQUEST FOR PROPOSALS (RFP) FOR 

THE PURCHASE OF A MINIMUM OF ONE (1) TO A MAXIMUM OF 

SEVENTY (70) HEAVY DUTY LOW FLOOR TRANSIT BUSES; OF 

WHICH TWENTY TWO (22) WILL BE PURCHASED BY THE CITY 

OF LAREDO. THIS IS A FIVE (5) YEAR REPLACEMENT BUS PLAN. 

FUNDING IS SUBJECT TO THE AWARD OF THE AMERICAN 

RECOVERY AND REINVESTMENT ACT (ARRA) IN THE 

ESTIMATED AMOUNT OF $4.7 MILLION AND IS SUBJECT TO THE 

APPROVAL OF ITS CORRESPONDING APPROPRIATION. 

WHEREAS The City of Laredo, pursuant to the authority granted in the Interlocal Cooperation Act 

("ACT"), Government Code, Title 7, Chapter 791, (C), desires to enter into interlocal agreement 

with the City of Brownsville, TX., and the City of McAllen, TX; and 

WHEREAS, the City of Laredo desires to participate in this interlocal agreement for the purpose of 

fulfilling and executing its respective public governmental purposes, goals, objectives, programs 

and functions; and 

WHEREAS, the City of Laredo has reviewed the benefits of participating in this program and based 

on this review has concluded the program will provide the best value to the taxpayer of the City of 

Laredo through the anticipated savings to be realized; 

WHEREAS, the City of Brownsville, TX-Brownsville Urban System (BUS) and the City of 

McAllen, TX- McAllen Express Transit (MET), together with Laredo Transit Management Inc. 

(LTMI), has prepared a competitive RFP for the purchase of heavy duty low floor transit buses in 

accordance with Federal Transit Administration (FTA) rules and regulations; and 

WHEREAS, the transit agencies from the City of Brownsville Texas, and the City of McAllen 

Texas, and the City of Laredo, Texas has agreed to mutually cooperate and enter into an interlocal 

agreement for the purpose of the procurement of a combined purchase of a minimum of (1) to a 

maximum of seventy (70) new buses; and 

WHEREAS, funding is subject to the award of the American Recovery and Reinvestment Act 

(ARRA) for an estimated amount of $4.7 million and is subject to the approval of its corresponding 

appropriation.

-- - 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AND THE MAYOR OF 

CITY OF LAREDO THAT: 

S e b T: T h d 3 g d ~ l l T e ~ & hCity e of McAllen Texas, and the City of Laredo 

have agreed to mutually cooperate and enter into an interlocal agreement for the purpose of the 

--. -- - - --. .- --- -. - .--.-.. --- 

procurement 5f new buses. 

Section 11: The Transit General Manager is authorized to sign all interlocal agreement. 

Section I11 The interlocal agreement will result in the Brownsville Urban System (BUS), the 

McAllen Express Transit (MET), and the Laredo Transit Management Inc (LTMI) soliciting a 

request for proposals (RFP) for the purchase of a minimum of one(1) to a maximum of seventy (70) 

heavy duty low floor transit buses of which twenty two (22) will be purchased by the City of 

Laredo. 




MAYOR 

ATTEST: 




BY 

RAUL CASSO 

CITY ATTORNEY

Laredo Transit Management, Inc. 

- - 

- 

m o l 3 0 l 

Farragut Street, Laredo, TX 78040-4902 (956) 795-2288 Fax (956) 795-2258 

March 17,2009 

Ms. Norma H. Zamora 

B.U.S. Director 

Brownsville Urban System (BUS) 

700 Jose Colunga Street 

Brownsville, TX 78522 

Ms. Elizabeth Suarez 

Transit Director 

McAllen Express Transit (MET) 

1501 W US Highway 83 

McAllen, TX 78501 

RE: Letter of Intent 

This letter is to convey an interlocal agreement between the City of Laredo-Laredo Transit 

Management, Inc. (LTMI), along with the City of Brownsville, TX-Brownsville Urban System 

(BUS), and the City of McAllen, TX-McAllen Express Transit (MET) for the purpose of 

soliciting Request for Proposals (RFP) for the purchase of a minimum of one (1) to a maximum 

of seventy (70) heavy duty low floor transit buses. 

All three combined transit agencies prepared a competitive RFP for the purchase of buses in 

accordance with Federal Transit Administration (FTA) rules and regulations. 

All three combined transit agencies agrees to mutually cooperate and assist in the procurement of 

new buses as specified in RFP as follows: 

1 .) It is understood between the Laredo Transit Management, Inc. (LTMI), Brownsville 

Urban System (BUS), and McAllen Express Transit (MET) that each will be responsible 

for the inspection, acceptance, contract administration, and payment of their vehicles in 

accordance with the bid and contract documents. 

If you are in agreement, please sign both originals of this Letter of Intent and return one original 

to Laredo Transit Management, Inc. (LTMI). 

By: 

City of Laredo,TX-Laredo Transit Management Inc. (LTMI) 

By: 

City of Brownsville,TX- Brownsville Urban System (BUS) 

By: 

City of McAllen,TX- McAllen Express Transit (MET) 

Date: 

Date: 

Date:

March 16, 2009 - Laredo, TX

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