COUNCIL COMMUNICATION

DATE:                        SUBJECT:  FINAL READING ORDINANCE 2003-0-121

05-19-03                      Authorizing the City Manager to execute a lease with Nextel WIP

                                    Lease Corp, d/b/a Nextel Partners, for approximately 400 square feet

                                    located at 8711 McPherson Road Laredo, Webb County, Texas and

                                    being more fully described in Exhibit “A” of lease agreement for the

                                    construction and operation of its communications equipment facility.

                                    Term of the lease is fifty-two (52) months commencing June  20, 2003

                                    And ending October 20, 2007, with four (4) successive renewal

                                    terms of five (5) years.  Annual base rent shall be $4,200.00 each year

                                    during the term of the lease and will be adjusted by four percent

                                    (4%) on each anniversary of the commencement date, providing for

                                    effective date.

 

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INITIATED BY:                                            STAFF SOURCE:

Larry Dovalina, City Manager                     Larry Dovalina, City Manager

______________________________________________________________________________

ACTION PROPOSED:  That the City Council approve the final reading of this ordinance.

 

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BACKGROUND:

 

The Telecommunications Commission has proposed the use of City of Laredo property to

promote the orderly growth and placement of cellular tower sites in our municipality.  City

staff has diligently attempted to regulate the proliferation of towers in our community by

promoting the use of water tanks and other structures. 

 

Nextel will be co-locating on an existing tower belonging to Verizon Wireless, therefore only

requiring the lease of ground space.

 

The City currently has leases with United States Cellular, Southwestern Bell Wireless, with

Omni America, Alamosa, PCS, American Tower, STPCS, Nextel and Verizon.

 

 

______________________________________________________________________________

FINANCIAL:  The city will receive an annual rent of $4,200.00 with a 4% increase each

succeeding year.

______________________________________________________________________________

RECOMMENDATION:                              STAFF:

The Telecommunications Commission         Staff concurs with the recommendation of

recommends approval.                                   the commission.

 

 

ORDINANCE NO 2003-0-121

 

 

AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH NEXTEL WIP LEASE CORP., D/B/A NEXTEL PARTNERS FOR APPROXIMATELY 400 SQUARE FEET OF GROUND SPACE LOCATED AT 8711 MCPHERSON, LAREDO, WEBB COUNTY, TEXAS, FOR THE CONSTRUCTION AND OPERATION OF ITS COMMUNICATIONS EQUIPMENT FACILITY .

 

1.     TERM OF THE LEASE IS FIFTY-TWO (52) MONTHS COMMENCING ON JUNE 20, 2003 AND ENDING OCTOBER 20, 2007, WITH AN OPTION FOR FOUR (4) SUCCESSIVE RENEWAL TERMS OF FIVE (5) YEARS.

2.     THE ANNUAL BASE RENT SHALL BE $4,200.00 EACH YEAR DURING THE TERM OF THE LEASE AND WILL BE ADJUSTED ON EACH ANNIVERSARY OF THE COMMENCEMENT DATE BY FOUR PERCENT (4%), PROVIDING FOR EFFECTIVE DATE.

 

            WHEREAS, the Telecommunications Commission recommends that the City Council approve the proposed lease between the City of Laredo (“Landlord”) and Nextel WIP Lease Corp., d/b/a Nextel Partners (“Tenant”), for a ground lease at the property located at 8711 McPherson, Laredo, Webb County, Texas, for the construction and operation of its communications equipment facility, as a contract and in furtherance of the development of the City of Laredo Telecommunications infrastructure.

 

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

 

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

 

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

 

Section 1.        The City Manager be and is hereby authorized to execute a lease with Nextel WIP Lease Corp., d/b/a Nextel Partners, for approximately 400 square feet  located at 8711 McPherson, Laredo, Webb County, Texas,  for the construction and operation of its communications equipment facility, copy of which lease is attached hereto as Exhibit A and incorporated herein as if set out at length for all intents and purposes.

 

Section 2.        This Ordinance shall become effective upon passage hereof.

 

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE _____ DAY OF MAY, 2003

 

 

 

________________________

ELIZABETH G. FLORES

MAYOR

 

ATTEST:

 

 

________________________

GUSTAVO GUEVARA, JR.

CITY SECRETARY

 

APPROVED AS TO FORM:

 

JAIME L. FLORES

CITY ATTORNEY

 

 

___________________________

BY:  ALLAN W. MCGRAW

ASSISTANT CITY ATTORNEY