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June 5, 2012 Agenda Packet

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    June 5, 2012 Agenda packet June 5, 2012 Agenda packet Document Transcript

    • NOTICE OF A PUBLIC MEETING INCLUDING ADDENDUM AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, June 5, 2012 McNease Convention Center, South Meeting Room 500 Rio Concho DriveTHE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTHMAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCEIS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. everyday for two weeks beginning on the Thursday after each meeting. As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate” Thank You!I. OPEN SESSION (9:00 A.M.) A. Call to Order B. Prayer and Pledge "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” C. Proclamation “Day of Prayer of Thanksgiving to our God for the Recent Rains", June 10, 2012, to be accepted by Bishop Michael D. Pfeifer, OMI D. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.II. CONSENT AGENDA 1. Consideration of approving the May 15, 2012 and May 22, 2012 City Council Regular and Special meeting minutes, respectively 2. Consideration of awarding bid WU-04-12 for Water Reclamation Polymer to Ashland, Inc. (Covington, KY) in the amount of $150,150.00 and authorizing the Interim City Manager or his designee to execute any necessary related documents 3. Consideration of adopting Resolutions authorizing the Mayor to execute Tax Deeds for the sale of Tax Lots: a. 630 E 35th Street, (Graciano), Lot 15, Block 2, Goren Addition, $1,300, Suit No. B-04-0043-T b. 737 San Jacinto Street, (Espinoza), Lot 9, Block 4, Ben Ficklin Addition #2, $1,300, Suit No. B-07-0042-T c. 2502 Waco Street, (Perales), Lot 12, Block 61, Hatcher Addition, $3,388, Suit No. B-05-0152-T d. 219 W Avenue W, (Rangel), E 60’ of W 604’ of Block 3, Fort Concho Vista Addition, $1,400, B- 06-0124-TCity Council Agenda Page 1 of 4 June 5, 2012
    • 4. Consideration of adopting a Resolution authorizing the Mayor to execute a Tax Deed authorizing sale of Tax Lot under the Urban Redevelopment Program located at 601 Antonio Street, (Logan Enterprises, Inc), Lot 9, Block 4, Arroya Addition, Urban Redevelopment Program, Suit No. B-07- 0118-T 5. Consideration of approving a residential lease renewal, at Lot 18, Group Red Bluff, 2810 Red Bluff Road (Benetich); and authorizing the Water Utilities Director to execute the sameAddendum 6. Consideration of authorizing the San Angelo Fire Department to apply for an Economic Development Administration (EDA) Grant up to 1.5 million dollars with a matching portion of 20 percent; and, if accepted, authorizing the Interim City Manager to sign and execute all related documents 7. Consideration of adopting a Resolution authorizing the Interim City Manager or his designee to execute a temporary nonexclusive Sidewalk Use License Agreement with Bobby and Karen Eggemeyer for constructing and maintaining an awning at the southwest quadrant of the intersection of South Oaks Street with East Concho Avenue, and such other instruments as may be necessary or convenient for carrying out such purposes; and, finding a public purpose and benefit therein 8. Consideration of adopting a Resolution ratifying the Texas Department of State Health Services Public Health Emergency Preparedness (PHEP) Grant contract amendment to extend the contract end date to align with the state fiscal year, extend the equipment purchase deadline date, add additional funds in the amount of $6,501.00, and reallocate funds to reflect actual expenditures 9. Second Hearing and consideration of adoption of an Ordinance amending Bed & Breakfast regulations catalog AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 12, EXHIBIT A “ZONING ORDINANCE”, ARTICLE 4 “SPECIFIC USE STANDARDS”, BY AMENDING SECTION 406 “BED AND BREAKFAST ESTABLISHMENTS”, TO PROVIDE SPECIFIC USE STANDARDS FOR BED AND BREAKFAST APPLICABLE IN ALL ZONING DISTRICTS, AND ADDITIONAL SPECIFIC USE STANDARDS APPLICABLE IN RESIDENTIAL ZONE DISTRICTS; AMENDING ARTICLE 3 “USE REGULATIONS”, SECTION 309 “USE TABLE”, BY RESTATING THAT PART OF THE USE TABLE DESIGNATED “COMMERCIAL”, “BED & BREAKFAST”, CONSISTENT WITH THE AMENDMENT OF SECTION 406; PROVIDING FOR SEVERABILITY; PROVIDING COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; AND, PROVIDING FOR AN EFFECTIVE DATE III. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.071 to consult with attorney Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.074 (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo City Council Agenda Page 2 of 4 June 5, 2012
    • G. PUBLIC HEARING AND COMMENT 10. First Public Hearing and consideration of introduction of an Ordinance authorizing abandonment of public right-of-way in the Maintown Addition, Block 7 in downtown San Angelo, AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 20’ wide x 130’ long portion of alley running east to west, and perpendicular to S. Chadbourne Street in the Maintown Addition, Block 7, and immediately north of Lot 20 in downtown San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS (Presentation by Planning Manager AJ Fawver) 11. First Public Hearing and consideration of introduction of an Ordinance authorizing abandonment of public right-of-way in College Hills West, Section 6, Block 4 in southern San Angelo, AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 15.64’ x 32’ portion of alley running east to west, parallel to Honeysuckle Lane in the College Hills West Addition, Section 6, Block 4, and immediately south of Lot 24 in southern San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS (Presentation by Planning Manager AJ Fawver) 12. Consideration of matters related to the construction of new livestock building: a. Consideration of adopting Resolution authorizing the Interim City Manager or his designee to exercise City’s termination rights under the contract for construction of new livestock building for the San Angelo Stock Show & Rodeo Association between City and R. M. Ford Construction, Inc. and thereby provide notice of termination to contractor and take other such action as required or necessary b. Consideration of authorizing staff to redevelop and re-issue a request for bids for the construction of a new livestock building at the San Angelo Fairgrounds (Presentation by Civic Events Manager Anthony Wilson) 13. Consideration of approving a First Amended Agreement between the City of San Angelo and Two Pro Management for management and operation of the Santa Fe Golf Course and authorizing the Interim City Manager to execute said agreement (Presentation by Parks and Recreation Director Carl White) 14. Discussion and possible action on matters related to the landfill and related items: a. Consideration on rates for residential garbage collection, commercial garbage collection, and landfill gate fees b. Consideration of authorizing a pilot program utilizing rollout carts for trash collection c. Consideration for in-kind support for Keep San Angelo Beautiful to perform the Great American Cleanup on June 16th, 2012 at the San Angelo Coliseum d. Consideration on future combined city cleanup efforts (Presentation by Assistant Operations Director Shane Kelton, Republic Services Municipal Services Manager Robert Searls, and Code Compliance Manager James Flores)City Council Agenda Page 3 of 4 June 5, 2012
    • 15. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 2, Section 2.129 regarding travel reimbursement for City Council and aligning with the recently approved Employee Expense Policy AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION”, ARTICLE 2.100 ENTITLED “CITY COUNCIL”, SECTION 2.129 ENTITLED “TRAVEL EXPENSES AND REIMBURSEMENTS”, BY AMENDING SUBSECTION (A) REGARDING TRAVEL SETTLEMENTS FOR ANY COUNCILMEMBER, OF THE SAN ANGELO CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE (Presentation by Interim City Manager Michael Dane)Addendum Consideration of matters related to the Economic Development Administration (EDA) Grant: a. Consideration of authorizing the San Angelo Fire Department to apply for an Economic Development Administration (EDA) Grant in the amount up to $1.5 million for the construction of a new Fire Training Center located behind 3142 Highway 67 North; b. Consideration of authorizing an equal match of funds to be dedicated from the General Fund reserves in the amount of $1.5 million; c. Consideration of reimbursing said matching funds from the Emergency Medical Services fees; d. Consideration of accepting said EDA Grant award by the City, if approved; and, e. Consideration of authorizing the Interim City Manager to execute all documents related to said grant (Presentation by Fire Chief Brian Dunn) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 16. Consideration of matters discussed in Executive/Session, if needed 17. Discussion and possible action for City Council to direct staff to develop a request for proposal for a lease of property located at 8926 Hangar Road 18. Announcements and consideration of Future Agenda Items 19. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Thursday, May 31, 2012, at 5:00 P.M. /x/________________________ Alicia Ramirez, City ClerkCity Council Agenda Page 4 of 4 June 5, 2012
    • PROCLAMATIONWHEREAS, We in West Texas have experience one of the most severe years of drought this past year, which has affected all the surrounding nature, and reduced the water supply; andWHEREAS, We have constantly been offering our prayers of humble petition to our God for more rain in our area; andWHEREAS, Our prayers have been answered in the first few months of this year with abundant rainfall; andWHEREAS, We are still in need of much more rain; andWHEREAS, We all realize that we need to be grateful for the heavenly gift we have received, and recognizing how much God appreciates grateful hearts and will even do greater things in our lives when we are grateful;NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalfof the City Council, do hereby declare proclaim Sunday, June 10th as a “DAY OF PRAYER OF THANKSGIVING TO OUR GOD FOR THE RECENT RAINS”And ask that our prayers of thanksgiving be offered to our God in homes, and in allplaces of worship. Furthermore, it is a joy to proclaim Sunday, June 10th as a Day ofPrayer of Thanksgiving for the good abundant rains we have received, and to ask ourGod for more heavenly moisture. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 5th day of April, 2011. THE CITY OF SAN ANGELO ___________________________ ALVIN NEW, MAYOR
    • CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 475Tuesday, May 15, 2012 Vol. 103 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, May 15, 2012, inthe San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorizedmembers of the Council, to-wit: Mayor, Alvin New Councilmember Paul Alexander Councilmember Dwain Morrison Councilmember Johnny Silvas Councilmember Fredd B. Adams, II Councilmember Kendall Hirschfeld Councilmember Charlotte Farmerwere present and acting, thus constituting a quorum. Whereupon, the following business was transacted:An invocation was given by Rev. Bryan Elliott of Johnson St. Church of Christ and pledge was led by CalvinJames, 8th Grader at Trinity Lutheran School.PROCLAMATION AND RECOGNITIONS“Mental Health Month in San Angelo, May 2012,” was accepted by Melinda Martin, President of NationalAlliance on Mental Illness (NAMI) of the Concho ValleyParticipants of the Lincoln Neighborhood Blitz for their generosity of supplies, equipment, time, and leadership:City Employees, ASU football team, Goodfellow AFB students and staff, Junior League of San Angelo, andWest Texas Organizing Strategy member churches, Habitat for Humanity, Valspar, Sherwin Williams, ArcticGlacier, and City of San Angelo Development CorporationCity of San Angelo Employees for raising $98,799.08 for the 2011 United Way Campaign, for receiving theUnited Way Team award for creative fundraising, and the United Way Hall of Fame award for the amount ofcontributions; was accepted by loaned executives Morgan Trainer, Budget Manager, James Flores, CodeEnforcement Manager, and Todd Dornhecker, Police Department Sergeant.PUBLIC COMMENTCouncilmember Morrison announced the dedication of the Lake View Heroes Drive on May 22, 2012 at 10:00a.m.Councilmember Silvas requested clarification on item 6Water Utilities Director Will Wilde noted the recent rains produced sufficient runoff into the local lakesdeveloped water sources of more than an 18 months supply. Therefore he stated the City’s Water Conservationdesignation would revert from Drought Stage Level II, as previously adopted on April 17, 2012, to Level I.NoAH Project representative announced and invited City Council and the public to their ground breakingceremony for NoAH Estates a new single-family rental home development in the Blackshear NeighborhoodRevitalization area, at 10:30 a.m., on Wednesday, May 16, 2012 a new single-family rental home developmentin the Blackshear Neighborhood Revitalization area, at 10:30 a.m.Citizen Jim Ryan commended management and staff for their immediate action on the repair work on ???
    • Page 476 MinutesVol. 103 May 15, 2012CONSENT AGENDAAPPROVAL OF THE MAY 1, 2012 CITY COUNCIL REGULAR MEETING MINUTESAWARD OF BID RFB NO: PK-02-12/IRRIGATION CONTROLS FOR CENTRAL CONTROLIRRIGATION SYSTEMS TO JOHN DEERE LANDSCAPES FOR THIRTEEN (13) RAIN MASTERCONTROL SYSTEMS/COMPONENTS IN THE AMOUNT OF $66,161.25 AND TO ALL-TEXIRRIGATION AND SUPPLY FOR FOURTEEN (14) NETAFIM MASTER VALVES IN THE AMOUNTOF $16,146.60 AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR HIS DESIGNEE TOEXECUTE ANY NECESSARY RELATED DOCUMENTSAWARD OF BID WU-05-12 FOR THE HICKORY BOOSTER PUMP STATION AND WELL FIELD TOARCHER WESTERN CONSTRUCTION, L.L.C. NOT TO EXCEED AN AMOUNT OF $12,853,000.00,AUTHORIZING STAFF TO NEGOTIATE A CONTRACT, AND AUTHORIZATION FOR THEINTERIM CITY MANAGER, HIS DESIGNEE, OR WATER UTILITIES DIRECTOR TO EXECUTESAID CONTRACT AND ANY RELATED DOCUMENTSADOPTION OF A RESOLUTION RATIFYING THE APPLICATION AND AMENDMENT TOCONTRACT FOR, AND ACCEPTING, ADDITIONAL FY2012 TEXAS DEPARTMENT OF STATEHEALTH SERVICES, PUBLIC HEALTH EMERGENCY PREPAREDNESS (PHEP) GRANT FUNDS INTHE AMOUNT OF $15,758.00, TO CARRY OUT THE CENTERS FOR DISEASE CONTROL PUBLICHEALTH EMERGENCY PREPAREDNESS GOALS, AND OBLIGATING THE CITY TO MATCHELEVEN PERCENT, NOT TO EXCEED $1,751.00 (ANNEX A, PAGE 483, RESOLUTION #2012-05-058R)ADOPTION OF A RESOLUTION RATIFYING THE APPLICATION AND CONTRACT FOR, ANDACCEPTING ADDITIONAL FY2012 TEXAS DEPARTMENT OF STATE HEALTH SERVICES,REGIONAL AND LOCAL SERVICES SYSTEM (RLSS) GRANT FUNDS IN THE AMOUNT OF$28,015.12, TO ADDRESS PUBLIC HEALTH ENVIRONMENTAL AND FOOD SAFETY ISSUES(ANNEX B, PAGE 485, RESOLUTION #2012-05-059R)APPROVAL OF AN APPOINTMENT TO MHMR SERVICE FOR THE CONCHO VALLEY BOARD OFTRUSTEES RECOMMENDED BY LIAISON REPRESENTATIVE COMMITTEEADOPTION OF A RESOLUTION DENYING A RATE INCREASE REQUESTED BY ATMOS ENERGYCORPORATION ON OR ABOUT JANUARY 31, 2012; DETERMINING THAT THE MEETINGCOMPLIED WITH THE TEXAS OPEN MEETINGS ACT; AND MAKING OTHER FINDINGS ANDPROVISIONS RELATED TO THE SUBJECT (ANNEX C, PAGE 487, RESOLUTION #2012-05-060R)SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT“A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEXD, PAGE 489, ORDINANCE #2012-05-061)Z 12-03: DANIEL ANDERSONAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 320 West 26th Street, approximately 650 feet east from theintersection of North Bryant Boulevard and West 26th Street, more specifically occupying H.O. ByrdSubdivision, the west 128 feet Lot 23 in northern San Angelo, changing the zoning classification fromSingle-Family Residential (RS-1) to Light Manufacturing (ML) District; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTY
    • Minutes Page 477May 15, 2012 Vol. 103SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2011-2012 BUDGETFOR GRANTS, NEW PROJECTS AND INCOMPLETE PROJECTS (ANNEX E, PAGE 491,ORDINANCE #2012-05-062)AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCALYEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR NEW PROJECTS,INCOMPLETE PROJECTS, AND GRANTSAPPROVAL OF A $7,000.00 CONTRIBUTION TO THE CONCHO VALLEY TRANSIT DISTRICT TOPROVIDE LOCAL MATCHING FUNDS FOR CREATION OF A NEW BUS ROUTE TO SERVEGOODFELLOW AIR FORCE BASE AND MAJOR RETAIL AND ENTERTAINMENT DESTINATIONSMotion, to approve the Consent Agenda, with the exception of SESCO, repeal of Resolution establishing anenforcement policy, and Z-12-04 items, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Adams. Motion carried unanimously.REGULAR AGENDA: PUBLIC HEARING AND COMMENTAPPROVAL OF MATTERS RELATED TO THE PLACEMENT OF RESTRICTIVE COVENANTS ONCERTAIN AREAS OF STREETS AND ALLEYS WITHIN AN AREA DESIGNATED FORENVIRONMENTAL CLEANUP OF SHALLOW GROUNDWATER RESULTING FROM INDUSTRIALPOLLUTION· ADOPTION OF A RESOLUTION SUPPORTING THE REMEDIATION EFFORTS OF THE SESCO SITE WORKING GROUP AT THE FORMER SAN ANGELO ELECTRIC SERVICE COMPANY FACILITY IN SAN ANGELO TEXAS (ANNEX F, PAGE 495, RESOLUTION #2012-05-063R)· ADOPTION OF A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LETTER AGREEMENT WITH TETRA TECH CONCURRING WITH THE MONITORING OF SHALLOW GROUND WATER AND TO NEGOTIATE AND EXECUTE RESTRICTIVE COVENANTS TO BE PLACED INTO DEED RECORDS PROHIBITING EXPOSURE TO GROUNDWATER RELATING TO PORTIONS OF THREE PARCELS OF REAL PROPERTY OWNED BY THE CITY LOCATED AT OR ABOUT NORTH BROWNING AND PULLIAM STREETS; NORTH BAZE AND UPTON STREETS, AND THE ALLEY FROM NORTH BAZE STREET EAST TO THE TEXAS PACIFICO RAILROAD RIGHT OF WAY (ANNEX G, PAGE 478, RESOLUTION #2012-05-064R)AEP representative Fred Hernandez presented background information.Motion, to adopt the Resolutions, as presented, was made by Councilmember Silvas and seconded byCouncilmember Adams. Motion carried unanimously.ADOPTION OF A RESOLUTION TO REPEAL A RESOLUTION ORIGINALLY ADOPTED APRIL 4,2006 AND LATER AMENDED OCTOBER 31, 2006 ESTABLISHING AN ENFORCEMENT POLICY FORORDINANCES PROHIBITING PUBLIC NUISANCES SUCH AS GARBAGE, WEEDS, JUNK, ANDUNSANITARY CONDITIONS (ANNEX H, PAGE 499, RESOLUTION #2012-05-065R)Code Enforcement Manager James Flores presented background information.Councilmember Morrison expressed his concerns of repealing the resolution, specifically noting Council hasvetted the process and discovered this process as the most feasible and fair when working with the public.Councilmember Adams spoke in support of the repeal of the resolution.Motion, to adopt the Resolution, as presented, was made by Councilmember Adams and seconded byCouncilmember Farmer.Further discussion was held on adding language regarding the extension provision provided by staff.
    • Page 478 MinutesVol. 103 May 15, 2012A vote was taken on the motion on the floor. AYE: New, Alexander, Silvas, Adams, Hirschfeld, and Farmer.NAY: Morrison. Motion carried 6-1.SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX I, PAGE501, ORDINANCE #2012-05-066)Z 12-04: CLAUDIA PEREZAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 2687 & 2695 Armstrong Street, approximately 400 feet south from theintersection of Armstrong Street and East 28th Street. More specifically occupying the Lewis Subdivision,Block 1, Lots 3 & 4 in northern San Angelo, changing the zoning classification from Single-Family Residential(RS-1) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING APENALTYCouncilmember Morrison expressed his concern on rezoning the neighborhood to GC and suggested leaving thedistrict as currently zoned, or at least Neighborhood Commercial (CN) in order to prohibit certain types ofvehicle service repair in this area.Motion, to adopt the Ordinance, as presented, was made by Councilmember Adams and seconded byCouncilmember Hirschfeld. AYE: New, Alexander, Silvas, Adams, Hirschfeld, and Farmer. NAY: Morrison.Motion carried 6-1.RECESSAt 10:09 A.M., Mayor New called a recess.RECONVENEAt 10:21A.M., Council reconvened, and the following business was transacted:PRESENTATION OF THE 1ST QUARTER 2012 REPORT FROM THE CHAMBER OF COMMERCEECONOMIC DEVELOPMENT COUNCIL AND THE CONVENTION & VISITORS BUREAU (CVB)CVB Vice President Pamela Miller, and Vice President Marketing & Recruitment for Economic DevelopmentJohn Dugan presented background information.General discussion was held on the loss of conventions due to lack of a full service hotel in San Angelo, recentand completed renovations to the full service hotel, reasons local hoteliers do not offer the service, andquestions regarding the incorrect entry reported as a Political Action Committee (PAC) donation for $350.DISCUSSION AND DIRECTION TO STAFF TO NEGOTIATE A CONTRACT FOR THE SUB-DISTRICTPLANNING DOCUMENT AS OUTLINED IN CED 05-11 FOR LAKE NASWORTHYPlanning Manager AJ Fawver and Scott Polikov, AICP, CNU, Gateway Planning Group, and Dan ???,presented background information. A copy of the presentation is part of the Permanent Supplemental Minuterecord.General discussion was held on the time frame for return on investment, opportunities, gateways, insuring planis in line with the City’s current vision, example of current and past projects, and potential strong developmentplans. Council recognized the planning document was an expensive project and spread over two years.Discussion was held on marketing the city and to carve out ways to attract people, showcasing the local water
    • Minutes Page 479May 15, 2012 Vol. 103resources by truly developing and increasing the economic development; investing in the process similar to thedowntown area investments. Interim City Manager Michael Dane explained the project cost was $298K and thefunding source would be allocated from the sale of lake properties. The Lake Nasworthy trust fund and City areallowed to use 90% of the investment for improvements in and around the lake. $840K remains in theinvestment income and these monies provide the least impact to the tax payers.Council directed staff to move forward and negotiate a contract.Public comments were made by former San Angelo resident Reed Donaldson.DISCUSSION AND AUTHORIZATION FOR STAFF TO NEGOTIATE AN ADDENDUM TO THEHOLMES-MURPHY & ASSOCIATES CONTRACT WITH THEIR AFFILIATE COMPANY, ACAPHEALTH, FOR CLINICAL CARE ENGINEERING (CCE) SERVICES FOR THE HEALTH INSURANCEPROGRAMHuman Resources Director Lisa Marley, Holmes Murphy Representative Jared Wills, and ACAP HealthRepresentative David Toomey presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.General discussion was held on THE plan savings, improvements, and the financial impact being based on theamount of savings produced by the company.Motion, to authorize staff to negotiate an addendum and present at a future meeting, as presented, was made byCouncilmember Hirschfeld and seconded by Councilmember Farmer. Motion carried unanimously.ADOPTION OF A RESOLUTION NOMINATING ETHICON, INC. TO THE OFFICE OF THEGOVERNOR ECONOMIC DEVELOPMENT & TOURISM THROUGH THE ECONOMICDEVELOPMENT BANK AS AN ENTERPRISE PROJECT (ANNEX J, PAGE , RESOLUTION #2012-05-067R)Community and Economic Development Director Shawn Lewis and Ethicon Plant Manager Ray Gonzalespresented background information.Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded byCouncilmember Adams. Motion carried unanimously.RECESSAt 12:14 P.M., Mayor New called a recess.EXECUTIVE/CLOSED SESSIONAt 12:43 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. OpenGovernment; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions toRequirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value ofreal property; Section 551.071(2) to consult with attorney on a matter in which the duty of the attorney to thegovernmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texasclearly conflicts with this chapter on issues related to the Texas Open Meetings Act; and Section 551.087 todiscuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo isconducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay orexpand in San Angelo.OPEN SESSION (continued)At 1:02 P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:
    • Page 480 MinutesVol. 103 May 15, 2012RECESSAt 1:02 P.M., Mayor New called a recess.RECONVENEAt 1:09 P.M., Council reconvened, and the following business was transacted:DISCUSSION ON MATTERS RELATED TO THE HICKORY WATER SUPPLY PROJECT, WATERTREATMENT OPTIONS, AND THE PROJECT ANNUAL PRODUCTION RATE/CAPACITYWater Utilities Director Will Wilde and Carollo Engineering representative Hutch Musallam presentedbackground information. A copy of the presentation is part of the Permanent Supplemental Minute record.General discussion was held on the completion schedule, required pipe testing throughout the project, issuesrelated to the water treatment options, design compliance, complexity of the funding approval requirementsfrom the Water Board, and related cost with the specific treatment options.Councilmember Farmer left the meeting at 1:47 p.m. and did not return.In consensus, Council agreed to review the recommended proposal and determine which option to select at afuture meeting.Public comments were made by Citizen Jim Ryan.FIRST PUBLIC HEARING AND FAILURE OF INTRODUCTION OF AN ORDINANCE AMENDINGARTICLE 8 OF THE CITY OF SAN ANGELO CODE OF ORDINANCES, AND ADOPTING ARTICLE8.100 RELATED TO PROHIBITING THE PARKING OF VEHICLES ON UNIMPROVED SURFACES INCERTAIN SITUATIONS AND IN RESIDENTIAL DISTRICTSAN ORDINANCE AMENDING CHAPTER 8 (OFFENSES AND NUISANCES) BY ADDING A NEWARTICLE 8.1000 PROHIBITING PARKING OF VEHICLES ON UNIMPROVED SURFACES, INCERTAIN SITUATIONS AND IN RESIDENTIAL DISTRICTS OF SAN ANGELO; PROVIDING FORSEVERABILITY; PROVIDING A PENALTY AND PROVIDING AN EFFECTIVE DATEPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Councilmember Morrison spoke in opposition of the proposed ordinance.City Attorney Lysia Bowling explained the proposed action under consideration is protected under thelegislative body’s governing powers and under the purview to protect the health and safety of nuisances.Motion, to introduce the Ordinance, as presented, was made by Councilmember Adams and seconded byCouncilmember Alexander.General discussion was held on staff’s practicability to enforce the ordinance, exceptions under the proposedordinance, and a general history of how the width of streets was dictated.Public comments were made by Citizen Jim Ryan and Jim Turner. Councilmember Morrison read a letter fromconstituent Mike Glaspe. A copy of the letter is part of the Permanent Supplemental Minute record.A vote was taken on the motion on the floor. AYE: New, Alexander and, Adams. NAY: Hirschfeld, Morrison,and Silvas. Motion failed 3-3.Councilmember Morrison left the meeting at 3:27 p.m. and did not return.UPDATE ON AND DISCUSSION OF CITY AUDITORIUM RENOVATIONS
    • Minutes Page 481May 15, 2012 Vol. 103Civic Events Manager Anthony Wilson presented background information. A copy of the presentation is part ofthe Permanent Supplemental Record.San Angelo Performing Arts Coalition representative Matt Lewis explained the reason why some donors willnot fund a project once a project has been started.In conclusion, Mr. Wilson advised further renovations will be delayed until the San Angelo Performing ArtsCoalition completes their fundraising efforts so all renovations can occur at one time.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING BED &BREAKFAST REGULATIONS CATALOGAN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 12, EXHIBIT A“ZONING ORDINANCE”, ARTICLE 4 “SPECIFIC USE STANDARDS”, BY AMENDING SECTION 406“BED AND BREAKFAST ESTABLISHMENTS”, TO PROVIDE SPECIFIC USE STANDARDS FOR BEDAND BREAKFAST APPLICABLE IN ALL ZONING DISTRICTS, AND ADDITIONAL SPECIFIC USESTANDARDS APPLICABLE IN RESIDENTIAL ZONE DISTRICTS; AMENDING ARTICLE 3 “USEREGULATIONS”, SECTION 309 “USE TABLE”, BY RESTATING THAT PART OF THE USE TABLEDESIGNATED “COMMERCIAL”, “BED & BREAKFAST”, CONSISTENT WITH THE AMENDMENT OFSECTION 406; PROVIDING FOR SEVERABILITY; PROVIDING COMPLIANCE WITH THE TEXASOPEN MEETINGS ACT; AND, PROVIDING FOR AN EFFECTIVE DATEPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Adams. Motion carried unanimously.DIRECTION TO STAFF TO PRESENT FINDINGS OF OTHER CITIES SOLID WASTE COLLECTION ANDLANDFILL OPERATIONSOperations Director Ricky Dickson presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.General discussion was held on the types of services available, comparable cities, automated services, recyclingservices, increased costs in service, and interest for such services. Council directed staff to present data for comparisonwith other cities to make an informed decision.POSTPONEMENT OF A VARIANCE TO THE CITY OF SAN ANGELO WATER CONSERVATION ANDDROUGHT CONTINGENCY ORDINANCE (ARTICLE 11.200; SECTION 11.202; SUBSECTION 8)(ARTICLE 11.200; SECTION 11.203; SUBSECTION D; PART 2A) (ARTICLE 11.200; SECTION 11.203;SUBSECTION E; PART 2A) REGARDING WATERING FREQUENCY/SCHEDULES FOR CITY PARKSAND SPORTS FIELDS, SANTA FE GOLF COURSE, AND FAIRMOUNT CEMETERYCity Council suggested postponing the item to the next regular meeting.POSTPONEMENT OF FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCEAMENDING CHAPTER 2, SECTION 2.129 REGARDING TRAVEL REIMBURSEMENT FOR CITYCOUNCIL AND ALIGNING WITH THE RECENTLY APPROVED EMPLOYEE EXPENSE POLICYAN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION”, ARTICLE 2.100 ENTITLED“CITY COUNCIL”, SECTION 2.129 ENTITLED “TRAVEL EXPENSES AND REIMBURSEMENTS”, BYAMENDING SUBSECTION (A) REGARDING TRAVEL SETTLEMENTS FOR ANY COUNCILMEMBER, OFTHE SAN ANGELO CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING FORAN EFFECTIVE DATECity Council suggested postponing the item to the next regular meeting.
    • Page 482 MinutesVol. 103 May 15, 2012POSTPONEMENT OF DISCUSSION AND UPDATE ON MATTERS RELATED TO THE BOARDS &COMMISSIONS CONSOLIDATIONCity Council suggested postponing the item to the next regular meeting.FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONNo action was taken on matters discussed in Executive/Closed Session.CONSIDERATION OF FUTURE AGENDA ITEMSInterim City Manager Michael Dane distributed the proposed June 5, 2012 Agenda and solicited Councilcomments and suggestions.Consideration of today’s meeting postponed items.Further discussion on Hickory Water Supply Project at the special City Council meeting on May 22, 2012.ADJOURNMENTMotion, to adjourn, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. Motioncarried unanimously.The meeting adjourned at 4:22 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkAnnexes A-JIn accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of thismeeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Councilmeetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased fromthe Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recordingmay be distorted due to equipment malfunction or other uncontrollable factors.)
    • CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 505Tuesday, May 22, 2012 Vol. 103OPEN SESSIONBE IT REMEMBERED City Council convened in a special meeting at 1:00 P.M., Tuesday, May 22, 2012, inthe San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorizedmembers of the Council, to-wit: Mayor, Alvin New Councilmember Paul Alexander Councilmember Dwain Morrison Councilmember Johnny Silvas Councilmember Fredd B. Adams, II Councilmember Kendall Hirschfeld Councilmember Charlotte Farmerwere present and acting, thus constituting a quorum. Whereupon, the following business was transacted:An invocation was given by Councilmember Adams and pledge was led by Mayor New.PUBLIC COMMENTNo one came forward to comment publicly.SPECIAL AGENDAADOPTION OF AN ORDER CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THEGENERAL ELECTION HELD MAY 12, 2012 (ANNEX A, PAGE 507, ORDINANCE #2012-05-068)AN ORDER CANVASSING RETURNS OF A GENERAL ELECTION HELD FOR THE PURPOSE OFELECTING CANDIDATES TO THE OFFICE OF THE CITY COUNCIL AND CHIEF OF POLICE OF THECITY OF SAN ANGELO, TEXAS, FOR AN ELECTION HAVING BEEN HELD ON MAY 12, 2012;DECLARING RESULTS OF THAT ELECTION; PROVIDING A SEVERABILITY CLAUSE; ANDPROVIDING FOR AN EFFECTIVE DATEMayor New and City Clerk Alicia Ramirez presented background information. Mayor New read the results intothe record.ADMINISTRATION OF OATHS OF OFFICE FOR SINGLE MEMBER DISTRICT REPRESENTATIVES 1,3, 5, AND CHIEF OF POLICE AND PRESENTATION OF CERTIFICATES OF ELECTIONCity Clerk Alicia Ramirez administered the oaths and Mayor New presented the Certificates of Election.Public comment was made by Citizen Jim Ryan and Bill Tyron.INTRODUCTION OF SPECIAL GUESTSAPPOINTMENT OF COUNCILMEMBER SILVAS AS MAYOR PRO-TEMPORE FOR THE 2012 CITYCOUNCILCouncilmember Silvas nominated Councilmember Morrison. Mayor New suggested nominating a CouncilMember that has not previously held the appointment.Councilmember Farmer nominated Councilmember Silvas and Mayor New seconded the nomination.Motion, to appoint Councilmember Silvas as Mayor Pro-Tempore, was made by Councilmember Farmer andseconded by Mayor New. Motion carried unanimously.
    • Page 506 MinutesVol. 103 May 22, 2012PUBLIC HEARING AND COMMENTAUTHORIZATION TO UTILIZE THE ION EXCHANGE TREATMENT AS THE WATER TREATMENTOPTION FOR THE HICKORY WATER SUPPLY PROJECT, AND REVIEW OF THE PROJECT ANNUALPRODUCTION RATE/CAPACITYCarollo Engineering representative Hutch Musallam presented background information. Continue the discussionfrom last week. A copy of the presentation is part of the Permanent Supplemental Minute record.General discussion was held on the total cost and bond monies for the project, types of treatments in relation tocost for the treatment and amount of bond; 18 month construction timeline which began 8/23/11 and project ison target, (a copy of the project schedule was distributed and is part of the Permanent Supplemental MinuteRecord); ion exchange cost lower in comparison to reverse osmosis (RO) treatment, but offers fewer non-essential features; acquisition of right-of-ways, RO treatment more upfront cost, but cheaper over a 30 yearperiod; 10% more water with ion exchange versus RO treatment; and diluting the water in relation to the addedradioactive water.Motion, to authorize the ion exchange process, as presented, was made by Councilmember Hirschfeld andseconded by Councilmember Morrison.Public comment was made by Bill Tyron, Former City Manager Stephen Brown, Ralph Philburn, David Lewis,Jim Ryan, and Jim Turner.Further discussion was held on whether the City had entered into agreements with other parties which requiredregulates by the Environmental Protection Agency and whether the city should be regulated by EPA; possibleexemptions; pre-existing pipelines and rules regulating at the time the pipeline was built; radiation readings byvolume versus readings over a period of time, and conducting further radiation readings per minute.A vote was taken on the motion on the floor. Motion carried unanimously.ADJOURNMENTMotion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Adams. Motioncarried unanimously.The meeting adjourned at 2:36 P.M. THE CITY OF SAN ANGELO ___________________________________ATTEST: Alvin New, Mayor_______________________________Alicia Ramirez, City ClerkAnnex AIn accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of thismeeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Councilmeetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased fromthe Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recordingmay be distorted due to equipment malfunction or other uncontrollable factors.)
    • City of San AngeloMemo Date: May 17, 2012 To: Mayor and Councilmembers From: Tom Kerr, Assistant Director of Water Utilities Subject: Agenda Item for June 5, 2012 Council Meeting Contact: Tom Kerr, 657-4209 Caption: Consent Item Consideration of award of bid for WU-04-12 Water Reclamation Polymer to Ashland, Inc. Summary: Three (3) bids have been received for the supply of polymer to the water reclamation facility. The best bid for the product was submitted by Ashland, Inc. History: The polymer chemical facilitates the dewatering of sludge in the wastewater treatment process. The chemical helps remove water from the bio-solids allowing the material to be dried and transferred to the composting site for final stabilization. The City has been using these chemicals at the Water Reclamation Facility since 1994. Financial Impact: Budgeted in the wastewater fund for an estimated annual expenditure of $150,150. Related Vision Item N/A Other Information/ Polymer chemicals are evaluated based on the amount of material required to Recommendation: dewater a set volume of solids. The best bid is then determined by the projected overall annual cost. It is recommended the bid from Ashland, Inc. (Covington, KY) be accepted. Attachments: Bid Tab Presentation: None Publication: N/A Reviewed by Will Wilde, Water Utilities Director, May 17, 2012. Service Area
    • Director:
    • City of San AngeloMemo Date: May 3, 2012 To: Mayor and Council Members From: Roger Banks, Purchasing Manager, 657-4220 From: Diana Farris, Property Manager, 657-4212 Subject: Agenda Item for June 5, 2012 Council Meeting Caption: Consent Item Consideration of adopting Resolutions authorizing the Mayor to execute Deeds authorizing sale of Tax Lot(s): th 630 E 35 Street, (Graciano), Lot 15, Block 2, Goren Addition, $1,300, Suit No. B-04-0043-T 737 San Jacinto Street, (Espinoza), Lot 9, Block 4, Ben Ficklin Addition #2, $1,300, Suit No. B-07- 0042-T 2502 Waco Street, (Perales), Lot 12, Block 61, Hatcher Addition, $3,388, Suit No. B-05-0152-T 219 W Avenue W, (Rangel), E 60’ of W 604’ of Block 3, Fort Concho Vista Addition, $1,400, B-06- 0124-T Summary: The subject properties were auctioned with no offers received. Subsequently, the properties were struck off to the City as Trustee for itself and the other taxing entities. History: Amounts of delinquent taxes, accrued penalties, interest, attorney fees and costs for delinquent years of, together with additional penalties and interest at the rates prescribed by Subchapter A & C of Chapter 33, Property Tax Code, which accrue on all said taxes from date of judgment until paid. (See Property Analysis) Financial Impact: Upon approval: (1) The City will retain a $350 Administration Fee, (2) The balance will be distributed according to the judgment on the Sheriff’s Return, and (3) Properties will be reinstated back onto tax roll. Other Information/Recommendation: All property(s) are unimproved parcels. No outstanding account balances exist for the above Prospective Buyers and it is recommended that the above offer(s) be accepted. Attachments: Property Analysis, Resolutions, Tax-Resale Deeds, and Property Location Maps Presentation: N/A Reviewed by Service Area Director: Michael Dane, Finance Director
    • RESOLUTION AUTHORIZING SALE OF REAL PROPERTY (Less than Adjudged Value or Judgment) WHEREAS, on the day of , 2012, at a regularly scheduled meeting ofthe City Council of the City of San Angelo, Texas, there was presented to said Council theproposal for the City to sell a parcel of land situated within the city limits of the City of SanAngelo, said parcel being described as follows: Lot 15, Block 2, Goren’s Subdivision, an Addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 431, Page 651, Deed Records of Tom Green County, Texas. WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’sTax Deed, recorded on Volume 1243, Page 273, of the Official Public Records of Real Property,Tom Green County, Texas; and WHEREAS, the City Council has determined that it is in the best interest of the City of SanAngelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market valuespecified in the Judgment of foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacityas representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the abovedescribed lot(s) to JOSE F. AND JOSEPHINE E. GRACIANO, a married couple, for theconsideration of One Thousand Three Hundred and 00/100 Dollars ($1,300.00) and that the salefor said amount is also hereby authorized and approved.APPROVED AND ADOPTED ON THE DAY OF , 2012. THE CITY OF SAN ANGELO ______________________________ Alvin New, MayorAttest:_____________________Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:______________________ ____________________________Lysia Bowling, City Attorney Roger S. Banks, Purchasing Managery:councilelectronic agendas201206-05-12pur - tax lots630 e 35th street, (graciano)resolution.doc
    • NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strikeany or all of the following information from this instrument before it is filed for record in the publicrecords: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for Less than Adjudged Value or Judgment) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County, San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Jose F. Graciano and Josephine E. Graciano, husband and wife 309 W. Ave. L San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): Lot 15, Block 2, Goren’s Subdivision, an Addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 431, Page 651, Deed Records of Tom Green County, Texas. Acct. #14-25500-0002-015-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on May 11, 2005, in Cause No. B-04-0043-T by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated October 17, 2005, and recorded in Volume 1243, Page 273, Official Public Records of Real Property, Tom Green County, Texas. For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantors right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantees heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax- Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are hereby specifically excluded. Grantees rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.
    • Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the marketvalue specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled toreceive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formalresolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation ofSection 52, Article III, Texas Constitution. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and allfuture years. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the JudgmentATTEST: By: ____________________________ Alvin New, Mayor and duly-authorized agentAlicia Ramirez, City ClerkSTATE OF TEXAS § §COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New,Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, onbehalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in theabove instrument. __________________________________ Notary Public, State of TexasAfter Recording, Return To:City Attorney’s Office
    • PROPERTY ANALYSIS For Tax Resale PropertyLegal Description: Lot 15, Block 2, Gorens Subdivision, an Addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 431, Page 651, Deed Records of Tom Green County, Texas.Improved/Unimproved UnimprovedTax Suit Number: B-04-0043-TLocation: 630 E 35th StreetParcel Size/Dimensions: 59 x 125City of San Angelo vs. Unknown Heirs of Claude Lovette, deceasedTax ID Number: 14-25500-0002-015-00Judgment Date: May 11, 2005Date of Sheriffs Sale: September 13, 2005Sheriffs Deed Recorded: October 18, 2005 Years Held in Trust 6 1/2 yearsAdjudge Value: $ 2,921.00Amount of Offer: $ 1,300.00 Amounts Due Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations DistributedAdministration Fee $ 350.00 $ 350.00 0.00% $ 350.00Maintenance Fee $ - 0.00% $ -District Clerk $ 299.00 $ 299.00 0.00% $ 299.00Sheriffs Fee $ 100.00 $ 100.00 0.00% $ 100.00Attorney Fee $ 332.00 $ 332.00 0.00% $ 332.00Municipal Liens $ - 0.00% $ - $ -Taxes $ 9,516.98 100.00% $ 219.00 $ 219.00Total $ 1,081.00 $ 9,516.98 $ 1,081.00 100.00% $ 219.00 $ 1,300.00Actual Total Amt Due $ 10,597.98Amount Remaining $ 219.00 Offer will satisfy the court cost and a portion of the taxes and liens.
    • Lot 15, Block 2, Gorens Subdivision630 E 35th Street 59 x 125Copyright 2011 Esri. All rights reserved. Thu May 3 2012 01:47:04 PM.
    • RESOLUTION AUTHORIZING SALE OF REAL PROPERTY (Less than Adjudged Value or Judgment) WHEREAS, on the day of , 2012, at a regularly scheduled meeting ofthe City Council of the City of San Angelo, Texas, there was presented to said Council theproposal for the City to sell a parcel of land situated within the city limits of the City of SanAngelo, said parcel being described as follows: Lot 9, Block 4, Ben Ficklin Addition Number 2, an addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat thereof recorded in Office of the County Clerk of Tom Green County, Texas, and described in deed dated August 29, 1959 from Charles Poulter and Sons, Inc., to O.S. Williams and wife Doris Williams, recorded in Volume 408, Page 214, Deed Records of Tom Green County, Texas. WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’sTax Deed, recorded on Instrument Number 684004, of the Official Public Records of RealProperty, Tom Green County, Texas; and WHEREAS, the City Council has determined that it is in the best interest of the City of SanAngelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market valuespecified in the Judgment of foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacityas representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the abovedescribed lot(s) to IGNACIO C. & ELIZABETH S. ESPINOZA, a married couple, for theconsideration of One Thousand Three Hundred and 00/100 Dollars ($1,300.00) and that the salefor said amount is also hereby authorized and approved.APPROVED AND ADOPTED ON THE DAY OF , 2012. THE CITY OF SAN ANGELO ______________________________ Alvin New, MayorAttest:_____________________Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:______________________ ____________________________Lysia Bowling, City Attorney Roger S. Banks, Purchasing Managery:councilelectronic agendas201206-05-12pur - tax lots737 san jacinto street, (espinoza)resolution.doc
    • NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strikeany or all of the following information from this instrument before it is filed for record in the publicrecords: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for Less than Adjudged Value or Judgment) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County and San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Ignacio C. Espinoza and Elizabeth S. Espinoza, husband a wife 730 Antonio Street San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): Lot 9, Block 4, Ben Ficklin Addition Number 2, an addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat thereof recorded in the Office of the County Clerk of Tom Green County, Texas, and described in deed dated August 29, 1959 from Charles Poulter and Sons, Inc., to O.S. Williams and wife Doris Williams, recorded in Volume 408, Page 214, Deed Records of Tom Green County, Texas. Acct. #03-14000-0004-009-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on October 15, 2008, in Cause No. B-07-0042-T by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated March 22, 2010, and recorded in Instrument Number 684004, Official Public Records, Tom Green County, Texas. For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantors right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantees heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax- Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are hereby specifically excluded. Grantees rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was
    • not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date ofthe sale that was recorded before January 1 of the year the tax lien arose. Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the marketvalue specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled toreceive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formalresolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation ofSection 52, Article III, Texas Constitution. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and allfuture years. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the JudgmentATTEST: By: ____________________________ Alvin New, Mayor and duly-authorized agentAlicia Ramirez, City ClerkSTATE OF TEXAS § §COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New,Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, onbehalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in theabove instrument. __________________________________ Notary Public, State of TexasAfter Recording, Return To:City Attorney’s Office
    • PROPERTY ANALYSIS For Tax Resale PropertyLegal Description: Lot 9, Block 4, Ben Ficklin Addition Number 2, an addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat thereof recorded in Office of the County Clerk of Tom Green County, Texas, and described in deed dated August 29, 1959 from Charles Poulter and Sons, Inc., to O.S. Williams and wife Doris Williams, recorded in Volume 408, Page 214, Deed Records of Tom Green County, Texas.Improved/Unimproved UnimprovedTax Suit Number: B-07-0042-TLocation: 737 San Jacinto StreetParcel Size/Dimensions: 50 x 139City of San Angelo vs. O. S. Williams, deceasedTax ID Number: 03-14000-0004-009-00Judgment Date: October 15, 2008Date of Sheriffs Sale: January 29, 2010Sheriffs Deed Recorded: March 25, 2010 Years Held in Trust 2 yrsAdjudge Value: $ 2,921.00Amount of Offer: $ 1,300.00 Amounts Due Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations DistributedAdministration Fee $ 350.00 $ 350.00 0.00% $ 350.00Maintenance Fee $ - 0.00% $ -District Clerk $ 333.00 $ 333.00 0.00% $ 333.00Sheriffs Fee $ 100.00 $ 100.00 0.00% $ 100.00Attorney Fee $ 365.00 $ 365.00 0.00% $ 365.00Municipal Liens $ - 0.00% $ - $ -Taxes $ 964.83 100.00% $ 152.00 $ 152.00Total $ 1,148.00 $ 964.83 $ 1,148.00 100.00% $ 152.00 $ 1,300.00Actual Total Amt Due $ 2,112.83Amount Remaining $ 152.00 Offer will satisfy the court cost and a portion of the taxes and liens.
    • Lot 9, Block 4, Ben Ficklin Addition737 San Jacinto Street 50 x 139Copyright 2011 Esri. All rights reserved. Thu May 17 2012 09:47:07 AM.
    • RESOLUTION AUTHORIZING SALE OF REAL PROPERTY (Less than Adjudged Value or Judgment) WHEREAS, on the day of , 2012, at a regularly scheduled meeting ofthe City Council of the City of San Angelo, Texas, there was presented to said Council theproposal for the City to sell a parcel of land situated within the city limits of the City of SanAngelo, said parcel being described as follows: The East 60.00 feet of the West 604.00 feet of Block 3, Fort Concho Vista Addition, Tom Green County, Texas, according to the map or plat thereof, recorded in Volume 1, Page 185, Plat Records of Tom Green County, Texas. WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’sTax Deed, recorded on Instrument Number 678728, of the Official Public Records of RealProperty, Tom Green County, Texas; and WHEREAS, the City Council has determined that it is in the best interest of the City of SanAngelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market valuespecified in the Judgment of foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacityas representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the abovedescribed lot(s) to RAYNALDO R. RANGEL & MARY ELIZABETH RANGEL, a marriedcouple, for the consideration of One Thousand Four Hundred and 00/100 Dollars ($1,400.00)and that the sale for said amount is also hereby authorized and approved.APPROVED AND ADOPTED ON THE DAY OF , 2012. THE CITY OF SAN ANGELO ______________________________ Alvin New, MayorAttest:_____________________Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:______________________ ____________________________Lysia Bowling, City Attorney Roger S. Banks, Purchasing Managery:councilelectronic agendas201206-05-12pur - tax lots219 w avenue w, (rangel),resolution.doc
    • NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strikeany or all of the following information from this instrument before it is filed for record in the publicrecords: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for Less than Adjudged Value or Judgment) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County and San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Raynaldo R. Rangel and Mary Elizabeth Rangel, husband and wife 217 W. Ave W San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): The East 60.00 feet of the West 604.00 feet of Block 3, Fort Concho Vista Addition, Tom Green County, Texas, according to the map or plat thereof, recorded in Volume 1, Page 185, Plat Records of Tom Green County, Texas. Acct. #13-23600-0003-012-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on January 14, 2009, in Cause No. B-06-0124-T by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated November 20, 2009, and recorded in Instrument Number 678728, Official Public Records, Tom Green County, Texas. For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantors right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantees heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax- Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are hereby specifically excluded. Grantees rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.
    • Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the marketvalue specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled toreceive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formalresolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation ofSection 52, Article III, Texas Constitution. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and allfuture years. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the JudgmentATTEST: By: ____________________________ Alvin New, Mayor and duly-authorized agentAlicia Ramirez, City ClerkSTATE OF TEXAS § §COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New,Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, onbehalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in theabove instrument. __________________________________ Notary Public, State of TexasAfter Recording, Return To:City Attorney’s Office
    • PROPERTY ANALYSIS For Tax Resale PropertyLegal Description: The East 60.00 feet of the West 604.00 feet of Block 3, Fort Concho Vista Addition, Tom Green County, Texas, accroding to the map or plat thereof, recorded in Volume 1, Page 185, Plat Records of Tom Green County, Texas.Improved/Unimproved UnimprovedTax Suit Number: B-06-0124-TLocation: 219 W. Avenue WParcel Size/Dimensions: 60 x 64City of San Angelo vs. Donicio CantuTax ID Number: 13-23600-0003-012-00Judgment Date: January 14, 2009Date of Sheriffs Sale: October 2, 2009Sheriffs Deed Recorded: November 3, 2009 Years Held in Trust 2 1/2 yearsAdjudge Value: $ 3,000.00Amount of Offer: $ 1,400.00 Amounts Due Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations DistributedAdministration Fee $ 350.00 $ 350.00 0.00% $ 350.00Maintenance Fee $ - 0.00% $ -District Clerk $ 333.00 $ 333.00 0.00% $ 333.00Sheriffs Fee $ 100.00 $ 100.00 0.00% $ 100.00Attorney Fee $ 540.00 $ 540.00 0.00% $ 540.00Municipal Liens $ 3,048.41 53.49% $ 41.19 $ 41.19Taxes $ 2,650.92 46.51% $ 35.81 $ 35.81Total $ 1,323.00 $ 5,699.33 $ 1,323.00 100.00% $ 77.00 $ 1,400.00Actual Total Amt Due $ 7,022.33Amount Remaining $ 77.00 Offer will satisfy the court cost and a portion of the taxes and liens.
    • E 60 of the W 604 of Block 3, Fort ConchoVista Addition219 W Avenue W 60 x 64Copyright 2011 Esri. All rights reserved. Tue May 15 2012 01:03:07 PM.
    • RESOLUTION AUTHORIZING SALE OF REAL PROPERTY (Not Less Than Adjudged Value or Judgment) WHEREAS, on the day of , 2012, at a regularly scheduled meeting ofthe City Council of the City of San Angelo, Texas, there was presented to said Council theproposal for the City to sell a parcel of land situated within the city limits of the City of SanAngelo, said parcel being described as follows: Lot 12, Block 61, Hatcher Addition, an addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat thereof, recorded in Volume 60, Page 120, Deed Records of Tom Green County, Texas. WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’sTax Deed, recorded on Instrument No. 620703 of the Official Public Records of Real Property,Tom Green County, Texas; and, WHEREAS, the City Council, has determined that it is in the best interest of the City of SanAngelo as Trustee to sell said lot(s) for an amount that is greater than or equal to the marketvalue specified in the Judgment of foreclosure or greater than or equal to the amount of thejudgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacityas representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the abovedescribed lot(s) to ESTHER PERALES, a single person, for the consideration of Three ThousandThree Hundred Eighty-Eight and 00/100 Dollars ($3,388.00) and that the sale for said amount isalso hereby authorized and approved.APPROVED AND ADOPTED ON THE DAY OF , 2012. THE CITY OF SAN ANGELO _______________________________ Alvin New, MayorAttest:_____________________Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:______________________ ____________________________Lysia Bowling, City Attorney Roger S. Banks, Purchasing Manager
    • NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove orstrike any or all of the following information from this instrument before it is filed for record inthe public records: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for Not Less than Adjudged Value) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County, San Angelo Independent School District and County Education District #9 P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Esther Perales, a single person 4106 Meadowlark Trail San Angelo, Tom Green County, Texas 76901 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): Lot 12, Block 61, Hatcher Addition, an addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat thereof, recorded in Volume 60, Page 120, Deed Records of Tom Green County, Texas. Acct. #14-26900-0061-012-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on June 22, 2006 in Cause No. B-05-0152-T by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated October 20, 2006, and recorded in Instrument Number 620703, Official Public Records, Tom Green County, Texas. For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantors right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantees heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax- Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in § 5.023 of the Texas Property Code (or its successor) are hereby specifically excluded. Grantees rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in
    • which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that wasnot extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date ofthe sale that was recorded before January 1 of the year the tax lien arose. Grantor is selling the Property to Grantee for an amount that is not less than the lesser of (1) the marketvalue specified in the Judgment, or (2) the total amount of the Judgment. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and allfuture years. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the JudgmentATTEST: By: ____________________________ Alvin New, Mayor and duly-authorized agentAlicia Ramirez, City ClerkSTATE OF TEXAS § §COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New,Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, onbehalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in theabove instrument. __________________________________ Notary Public, State of TexasAfter Recording, Return To:City Attorney’s Office
    • PROPERTY ANALYSIS For Tax Resale PropertyLegal Description: Lot 9, Block 4, Arroyo Addition, City of San Angelo, Texas, according to the map orImproved/Unimproved UnimprovedTax Suit Number: B-07-0118-TLocation: 601 Antonio StreetParcel Size/Dimensions: 63 x 130City of San Angelo vs. Elizabeth TarinTax ID Number: 02-11900-0004-009-00Judgment Date: February 20, 2009Date of Sheriffs Sale: July 2, 2001Sheriffs Deed Recorded: August 13, 2010 Years Held in Trust 1 3/4 yrAdjudge Value: $ 1,663.00Amount of Offer: $ 750.00 Purchased under Urban Redevelopment Program Amounts Due Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations DistributedAdministration Fee $ 350.00 $ 350.00 0.00% $ 350.00Maintenance Fee $ - 0.00% $ -District Clerk $ 366.00 $ 366.00 22.01% $ 88.03 $ 366.00Sheriffs Fee $ 100.00 $ 100.00 6.01% $ 24.05 $ 100.00Attorney Fee $ 265.00 $ 265.00 15.94% $ 63.74 $ 265.00Municipal Liens $ - 0.00% $ - $ -Taxes $ 932.00 0.00% $ -Total $ 350.00 $ 1,663.00 $ 731.00 43.96% $ 175.83 $ 1,081.00Actual Total Amt Due $ 2,013.00Amount Remaining $ 400.00 Offer will satisfy the court cost and a portion of the taxes and liens.
    • Lot 112, Block 61, Hatcher Addition2502 Waco Street 50 x 140Copyright 2011 Esri. All rights reserved. Thu May 3 2012 03:06:54 PM.
    • City of San AngeloMemo Date: May 3, 2012 To: Mayor and Council Members From: Roger Banks, Purchasing Manager, 657-4219 Contact: Diana Farris, Property Manager, 657-4212 Subject: Agenda Item for June 5, 2012 Council Meeting Caption: Consent Item Consideration of adopting a Resolution authorizing the Mayor to execute a Resolution authorizing sale of Tax Lot under the Urban Redevelopment Program: 601 Antonio Street, (Logan Enterprises, Inc), Lot 9, Block 4, Arroya Addition, Urban Redevelopment Program, Suit No. B-07-0118-T Summary: The subject property was auctioned with no offers received. Subsequently, the property was struck off to the City as Trustee for itself and the other taxing entities. Amounts of delinquent taxes, accrued penalties, interest, attorney fees and costs for delinquent years of, together with additional penalties and interest at the rates prescribed by Subchapter A & C of Chapter 33, Property Tax Code, which accrue on all said taxes from date of judgment until paid. (See Property Analysis) History: Under the Tex. Tax Code §34.051 a municipality is authorized to resell tax foreclosed property for less than the market value specified in the judgment of foreclosure or less than the total amount of the judgments against the property if consent to the conveyance is evidenced by and Interlocal agreement between the municipality and each taxing unit that is a party to the judgment. The CITY OF SAN ANGELO, TEXAS, a municipal corporation situated in Tom Green County, Tom Green County, a political subdivision of the State of Texas, SAN ANGELO INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas, TOM GREEN COUNTY APPRAISAL DISTRICT, success or in interest to COUNTY EDUCATION DISTRICT #9, entered into an Interlocal Agreement executed on November 17, 1998. The City of San Angelo Family Support Division declares the LOGAN ENTERPRISES, INC meet the specified criteria outlined under the Urban Redevelopment Program. Financial Impact: Upon approval: (1) The City will retain a $350 Administration Fee, (2) The balance will be distributed according to the judgment on the Sheriff’s Return, and (3) Property will be reinstated back onto tax roll. Other Information/Recommendation: The property is an unimproved parcel. No outstanding account balances exist for the above mentioned agency. Assist the City to meet its Urban Development Program goals and it is recommended that the above offer be accepted. Attachments: Property Analysis, Resolution, Tax-Resale Deed, and Property Location Map Presentation: N/A Reviewed by Service Area Director: Michael Dane, Finance Director
    • RESOLUTION AUTHORIZING SALE OF REAL PROPERTY FOR THE PURPOSE OF URBAN REDEVELOPMENT WHEREAS, on the day of , 2012, at a regularly scheduled meeting ofthe City Council of the City of San Angelo, Texas, there was presented to said Council theproposal for the City to sell certain parcels of land, situated within the city limits of the City ofSan Angelo, Tom Green County, State of Texas, said parcel being more particularly described asfollows: Lot 9, Block 4, Arroya Addition, City of San Angelo, Texas, according to the map or plat thereof, recorded in Volume 1, Page 427, Plat Records of Tom Green County, Texas. WHEREAS, said lot(s) have been held by the City of San Angelo, as Trustee, by virtue ofSheriff’s Tax Deeds, duly recorded in the Official Public Records of Real Property, Tom GreenCounty, Texas; andWHEREAS, the Congress of the United States of America has authorized under Title 1 of theHousing and Community Development Act of 1974, Public Law 93-383, as amended; 42 U.S.C.Sec 5301, as amended through the Housing and Community Development Act of 1992,establishes a program of community development block grants for the specific purpose ofdeveloping viable communities by providing decent housing and suitable living environmentsand expanding economic opportunities principally for persons of low and moderate income; and WHEREAS, under the Tex. Tax Code §34.051 a municipality is authorized to resell taxforeclosed property for less than the market value specified in the judgment of foreclosure or lessthan the total amount of the judgments against the property if consent to the conveyance isevidenced by and Interlocal agreement between the municipality and each taxing unit that is aparty to the judgment; and WHEREAS, the CITY OF SAN ANGELO, TEXAS, a municipal corporation situated in TomGreen County, TOM GREEN COUNTY, a political subdivision of the State of Texas, SANANGELO INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas,TOM GREEN COUNTY APPRAISAL DISTRICT, success or in interest to COUNTYEDUCATION DISTRICT #9, entered into an Interlocal Agreement executed on November 17,1998; and WHEREAS, the City of San Angelo Family Support Division authorizing the sale of the abovedescribed parcel and declares the agency mentioned below meet the specified criteria outlinedunder the Urban Redevelopment Program; andWHEREAS, the City Council has determined that it is in the best interest of the City of SanAngelo as Trustee to sell said lots(s) for said amounts that are less than the lesser of the marketvalues specified in the Judgments of foreclosure or the amounts of the judgments against saidproperties;y:councilelectronic agendas201206-05-12pur - tax lots sold under urban redevelopment601 antresolution - urban redevelopment.docx
    • NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacityas representative of the City of San Angelo, as Trustee, to execute Quitclaim Deed to the abovedescribed parcel to TR LOGAN ENTERPRISES, INC, a non-profit agency and qualified homebuilder, for the consideration of Seven Hundred Fifty and 00/100 Dollars ($750.00) per lot andthe sale of each parcel, for the stated consideration is hereby authorized and approved.APPROVED AND ADOPTED ON THE DAY OF , 2012. THE CITY OF SAN ANGELO ______________________________ Alvin New, MayorAttest:_____________________Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:______________________ ____________________________Lysia Bowling, City Attorney Roger Banks, Purchasing Manager
    • NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any or allof the following information from this instrument before it is filed for record in the public records: your socialsecurity number or your driver’s license number. TAX RESALE DEED WITHOUT WARRANTY STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TOM GREEN § THAT WHEREAS, by virtue of an order of sale issued out of the District Court of Tom Green County, Texas, for the 119th Judicial District, in Cause No. B-07-0118-T in favor of City of San Angelo, et al., Plaintiff(s), against Elizabeth Tarin, et al., and any and all other persons, including adverse claimants, Defendant(s), on a certain judgment granted February 20, 2009, and directed and delivered to the Sheriff of Tom Green County, Texas, commanding said Sheriff to levy upon, seize, and sell the land or lot(s) herein described to satisfy said judgment, the same being for taxes, penalties, interest, and costs due on the hereinafter described lands, together with interest thereon at the rate of ten percent per annum; WHEREAS, said Sheriff did, on July 2, 2010, levy upon and advertise said premises as described in said Order of Sale and on the first Tuesday in August, 2010, between the hours prescribed by law sold said hereinafter described property at public outcry in the County of Tom Green at the courthouse door thereof at which said sale the property hereinafter described was sold to the City of San Angelo in trust for the use and benefit of itself, Tom Green County, and San Angelo Independent School District, the original deed evidencing said sale being dated August 12, 2010, and recorded in Instrument Number 690717, in the Official Public Records of Tom Green County, Texas; WHEREAS, said hereinafter described property is being sold for less than the adjudged value thereof or the amount of the judgments against said property recovered in the above numbered and entitled cause, whichever is lowest; and WHEREAS, the herein described property is being sold to be used for a purpose consistent with the City of San Angelo Urban Redevelopment Plan as provided for under V.T.C.A., Tax Code §34.051, “Resale by Taxing Unit for the Purpose of Urban Redevelopment” and as outlined in the Interlocal Agreement among the taxing entities and City of San Angelo’s Urban Redevelopment Program which are on file in the office of the City Clerk. Know All By These Presents, the City of San Angelo, Trustee, acting by and through its Mayor, City Manager or Assistant City Manager, duly authorized by a resolution passed December 7, 1999, for and in consideration of the sum of Seven Hundred Fifty Dollars ($750.00) cash to it in hand paid by T. R. Logan Enterprises, Inc., a Texas corporation, 2257 Hillside Drive, San Angelo, Tom Green County, Texas 76904, receipt of which is hereby acknowledged, grants, sells, and conveys unto said T. R. Logan Enterprises, Inc., a Texas corporation, its successors and assigns with the restrictions and upon the conditions and covenants below stated, all the right, title, and interest of all the taxing units interested in the above mentioned tax foreclosure judgment in and to the certain lot(s), tract or parcel of land lying in Tom Green County, Texas, described as follows: Lot 9, Block 4, Arroya Addition, City of San Angelo, Tom Green County, Texas, according to the map or plat thereof, recorded in Volume 1, Page 427, Plat Records of Tom Green County, Texas. Acct. #02-11900-0004-009-00
    • TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges, andappurtenances thereto in any manner belonging unto said T. R. Logan Enterprises, Inc., a Texas corporation, itssuccessors, and assigns forever, without express or implied warranty. All warranties which might arise bycommon law as well as the warranties in Section 5.023 of the Texas Property Code (or its successors) areexcluded. However, this conveyance is expressly made on the condition that the property be used only forproviding housing for families of low or moderate income, construction of such housing to be completedwithin three (3) years of the date of this Deed, such condition to be binding upon and to be observed byGrantee, its successors, and assigns. In the event of the violation or non-observance of this condition, Grantor,its successors, and assigns shall have the right to terminate the estate granted herein and to re-enter and re-takesaid premises. This conveyance is also subject to the owner’s right to redeem same in the manner and withinthe time prescribed by V.T.C.A., Tax Code §34.21. This conveyance is made expressly subject to recorded restrictive covenants running with the land andvalid easements of record as of the date of this sale, if such covenants or easements were recorded prior toJanuary 1 of the year the tax lien(s) arose.WITNESS THE HAND AND SEAL of the City of San Angelo by Alvin New, Mayor, attested to byAlicia Ramirez, City Clerk, this the _____ day of _______________, 2012. CITY OF SAN ANGELO The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the Judgment By: _____________________________ATTEST: Alvin New, Mayor and duly-authorized agentAlicia Ramirez, City ClerkSTATE OF TEXAS § §COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New,Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, onbehalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in theabove instrument. __________________________________ Notary Public, State of TexasAfter recording return to:City Attorney’s Office
    • PROPERTY ANALYSISFor Tax Resale Property:Legal Description: Lot 9, Block 4, Arroya Addition, City of San Angelo, Texas, according to the map or plat thereof, recorded in Volume 1, Page 427, Plat Records of Tom Green County, TexasImproved/Unimproved: UnimprovedTax Suit Number: B-07-0118-TLocation: 601 Antonio StreetParcel Size/Dimensions: 60 x 130City of San Angelo vs. Elizabeth TarinTax ID Number: 02-11900-0004-009-00Judgment Date: February 20, 2009Date of Sheriffs Sale: August 3, 2010Sheriffs Deed Recorded: August 13, 2010 Years Held in Trust 1 3/4 yrs. Urban Redevlopment Sale: YESAdjudge Value: $1,663.00Amount of Offer: $750.00 Amounts Due Priority % of Pro Rata Amounts Fees Priority Judgment Allocations Remainder Allocations Distributed JudgmentAdministration Fee $ 350.00 $ 350.00 0.00% $ 350.00Maintenance Fee $ - 0.00% $ -District Clerk $ 366.00 $ 366.00 50.07% $ 200.27 $ 200.27Sheriffs Fee $ 100.00 $ 100.00 13.68% $ 54.72 $ 54.72Attorney Fee $ 265.00 $ 265.00 36.25% $ 145.01 $ 145.01Municipal Liens $ - 0.00% $ - $ -Taxes $ 932.00 0.00% $ - $ -Total $350.00 $731.00 $932.00 $1,081.00 $- $400.00 $750.00Actual Total Amt Due $2,013.00Amount Remaining $400.00Under Tex. Tax Code §34.051 a municipality is authorized to resell tax foreclosed property for less than the market value specified in thejudgment of foreclosure or less than the total amount of the judgments against the property if consent to the conveyance is evidenced by an Interlocal Agreement between the municipality and each taxing unit that is a party to the judgment.
    • Lot 9, Block 4, Arroya Addition601 Antonio Street 60 x 130Copyright 2011 Esri. All rights reserved. Thu May 3 2012 03:52:21 PM.
    • City of San AngeloMemo Date: May 22, 2012 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Consent Item for June 5, 2012 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 Caption: Consideration of approving a residential lease renewal with Michael W. and Nancy S. Benetich, at Lot 18, Group Red Bluff, 2810 Red Bluff Road; and authorizing the Water Utilities Director to execute the same. Summary: The leaseholder’s current lease expires in 2016 and they would like to execute a new 40 year lease for financing purposes. History: Lease fees are current and there are no issues with the lease on this tract. Financial Impact: Current lease fees: 2012-2015 $601 2016 Market Value New lease fees: 2012-2015 $601 2016-2052 Market Value Related Vision Item (if applicable): None. Other Information/Recommendation: It is recommended that the lease renewal be approved and the Water Utilities Director be authorized to execute the lease. Staff recommends approval. Attachments: Lease Renewal Agreement (Benetich) Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, May 22, 2012.
    • LAKE NASWORTHY RESIDENTIAL LOT LEASE This lease is made and entered into by and between the CITY OF SANANGELO, a Texas municipal corporation, ("Lessor"), whose address is P.O. Box 1751,San Angelo, Tom Green County, Texas 76902, and Michael W. and wife, Nancy S.Benetich whose address is 11046 Twin Lakes Lane, San Angelo, Texas 76904. I. DEMISE OF LEASED PREMISES1.1 In consideration of the mutual covenants, conditions and agreements set forth inthis lease, Lessor hereby demises and leases to Lessee, and Lessee hereby acceptsand leases from Lessor, the following described real property (hereinafter called "leasedpremises") situated in San Angelo, Tom Green County, Texas: Lot 18, Group Red Bluff, Lake Nasworthy Addition, according to the map or plat of said Lake Nasworthy Campsites in the custody of the Water Utilities Department of the City of San Angelo (also commonly known as 2810 Red Bluff Road). II. TERM, FEES AND RENT FIXED COMMENCEMENT AND TERMINATION DATE2.1 This lease is granted for a period of forty (40) years beginning October 1, 2012and ending September 30, 2052, in consideration of the initial payment of $150.00,which payment includes the granting fee, receipt of which payment is herebyacknowledged, and the further consideration of Lessees payment of future annual rentin accordance with subsequent paragraphs hereof and Lessees compliance with thestipulations and conditions hereinafter set forth. TIME AND MANNER OF PAYMENT2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water UtilitiesDepartment, P.O. Box 1751, San Angelo, Texas, 76903, or at such other place asLessor may from time to time designate by written notice to Lessee. Such rent shall bepaid annually on or before October 1 during the term of this lease in accordance withthe following schedule: Dates Annual Rent For the Years 2012 Through 2015 $601 For the Years 2016 Through 2051 Market Value *
    • * Annual rent shall be the appraised market value of the leased premises multiplied by afactor of 0.08. Such appraised market value shall be determined and adjusted inaccordance with applicable City ordinances in effect at the time of execution of thislease. DELINQUENT PAYMENTS2.3 Lessee shall pay to Lessor a late charge or interest for any rent received byLessor after the date that the rent is due in accordance with established ordinances,provided however, that this provision for late charges or interest shall not be construedas a waiver of the right of Lessor to terminate this lease at its option as authorizedherein. HOLD OVER2.4 Any holding over by Lessee of the herein leased premises after the expiration ofthis lease shall operate and be construed only as a tenancy from month to month,terminable at the will of Lessor. III. DEBTS RELATED TO LEASED PREMISES UTILITIES3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay suchcharges shall, at the option of Lessor, result in forfeiture of this lease. TAXES3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes,general and special assessments, and other charges of every description which duringthe term of this lease may be levied on or assessed against the leased premises and allinterest therein and all improvements and other property thereon, whether belonging toLessor or Leaser to which either of them may become liable. Lessee shall pay all suchtaxes, charges, and assessments to the public officer charged with the collection thereofnot less than fifteen (15) days before the same shall become delinquent, and Lesseeagrees to indemnify and save harmless Lessor from all such taxes, charges andassessments. Failure to pay such taxes and special assessments as provided hereinshall, at the option of Lessor, result in forfeiture of this lease. WATER, SEWAGE, PAVING IMPROVEMENTS3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in thevicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost oflaying said line or lines as established by and in accordance with city policies then inexistence.
    • 3.4 Lessee expressly agrees that if city water or sewer lines are ever located within200 feet of the leased premises, Lessee will tie on to such service at its own expense atthe price established for that specific Lake Nasworthy area.3.5 In the event the Lessor institutes a paving program abutting the leased premises,Lessee shall pay his pro rata share of paving, curb and gutter costs pursuant toprevailing city policies. IV. RULES AND REGULATIONS4.1 The rules and regulations provided in those certain ordinances of the CityCouncil of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known asthe Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendmentsadopted heretofore or hereafter are expressly incorporated herein by reference as termsand conditions of this lease. This lease is expressly made subject to any ordinancesadopted in the future by the Council for the regulation of Lake Nasworthy andsurrounding property, including but not limited to, safety, sanitation, and ecologicalrequirements. Any breach of said rules and regulations shall, at the option of the Lessor,result in forfeiture of this lease. This lease will be managed by the Water UtilitiesDepartment of the City of San Angelo subject to the approval of the Council. V. USE OF LEASED PREMISES CONSTRUCTION BY LESSEE5.1 The premises shall be used only for a single family residence and lawful usesincidental thereto, and in this connection the following shall be applicable: a. No structure shall be constructed in excess of two stories in height. b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2 foot elevation line. c. No housetrailer, shack, tent, or temporary residence of any type shall be permitted on the leased premises, and no garage or other accessory building shall be used as a residence. d. All structures shall have a foundation that complies with Lessors building code. e. No outside toilets shall be constructed or maintained on leased premises, and all plumbing shall be connected with a sanitary sewer or with a septic tank which complies in all respects to all state, county and city sanitation regulations and requirements. No septic tank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any property line. All wastewater facilities shall conform to all of the Citys wastewater
    • ordinances, where applicable. No sewer or drain shall empty into the lake or be constructed so as to flow or wash into the lake. No concrete storm drains may be constructed without the prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable. f. No structure shall be constructed closer than five (5) feet to any property line. g. No trees may be removed from the leased premises without the prior written consent of the Water Utilities Director. h. No improvements or construction work of any kind, including but not limited to, houses, boathouses, piers, pumphouses, water wells, storage buildings, fences, excavations, fills, and other types of structures or improvements, shall be built or performed on leased premises without prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable. i. Lessee agrees to comply with all provisions of the Official Code of the City of San Angelo ("Code"), as such now exists or may hereafter be amended including, but not limited to, those provisions regarding building permits and permit fees; inspections and fees therefore; building, plumbing, electrical, and fire standards or requirements; and the regulation of septic tanks. j. After any permit is granted, Lessee expressly agrees that all improvements or construction work shall be built or performed in strict compliance with the terms of the permit and approval granted, that construction shall commence within six (6) months following the date of the permit, and that all construction shall be completed within one (1) year of the date of the permit. k. Lessee may request from the Council a variance or deviation from any term or condition contained herein. l. The Council, prior to granting any extension of an existing lease or a new lease covering the leased premises shall have the right to review the leased premises and improvements thereon and submit in writing to the Lessee the requirements, if any, which shall attach to and become a part of this lease, necessary for compliance with the above-mentioned provisions of the Code. Failure of the Lessee to abide by and comply with said requirements will be grounds to terminate this lease or any extension thereof. RESERVATIONS AND EASEMENTS5.2 Lessor, its agents or assigns, reserves the privilege and right at any time toexecute and deliver valid oil, gas and other mineral leases upon the leased premises,and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone,telegraph or electric pole transmission lines on said premises, or any part thereof, and
    • in such event this lease shall be subject and subordinate to the rights, terms andprivileges of any such oil, gas and other mineral leases or such easements as may havebeen executed heretofore or hereafter by Lessor, its agents or assigns. An easementacross leased premises is hereby retained by Lessor for the purpose of laying sewerand water lines and/or for necessary rights-of-way for roads, alleys or otherthroughways. VI. ENCUMBRANCE OF LEASEHOLD ESTATE ENCUMBERING LEASEHOLD INTEREST ONLY6.1 Lessee shall not have the right to encumber the fee simple, but Lessee mayrequest Lessors written consent (pursuant to article XII of this lease) to encumber theleasehold estate, personal property or improvements made by Lessee which may beremoved from the realty without injury to the realty; provided however, that nomortgagee nor anyone who claims by, through or under such mortgage or deed of trustshall, by virtue of such mortgage or deed trust, acquire any greater or more extendedrights than Lessee has under this lease but such mortgage or deed of trust shall be inevery respect subject, subservient and subordinate to all of the conditions, provisions,requirements, covenants and obligations of this lease. The mortgagee under any suchdeed of trust or mortgage shall have the right to assume this lease and perform itsterms and conditions to protect itself. NOTICES TO LENDER6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed oftrust has been given and executed by Lessee and furnish Lessor with the address towhich it desires copies of notices to be mailed. Lessor agrees to mail to lender ormortgagee or its designated agent or representative, at the address given, a copy ofany notice which Lessor gives, mails, or serves on Lessee under the terms of this leaseafter receipt of such a notice from the lender or mortgagee. VII. CONDITION OF PREMISES NO WARRANTY7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THECONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON,INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE. AVAILABILITY AND USE OF LAKE WATER7.2 Lessor in no way guarantees the accessibility of water to the leased premises northe level of water in Lake Nasworthy.
    • Lessee can use water from the lake, river, and/or wells on the premises fordomestic purposes and water of existing trees and shrubs; but no water will be removedfrom the premises. Use of water for irrigation is expressly prohibited. Lessee shall usewater in a conservative manner, and any abusive use of water shall be grounds fordenying the use of water to the Lessee. Lessee shall pay the applicable water usecharge as set by the Lessor, for water or raw water usage, as the case may be. VIII. REPAIRS AND MAINTENANCE LESSEES DUTY TO REPAIR AND MAINTAIN8.1 Lessee agrees to keep and maintain any and all structures erected or caused tobe erected or placed on the leased premises in good and tenantable condition, tomaintain its appearance, and to landscape and keep said premises cleared of allobjectionable matter, things, and vegetation. Leased premises shall not be used for theoutside storage of usable materials for unreasonable lengths of time. In the eventLessee shall fail to maintain leased premises in a manner acceptable to Lessor, afternotice to Lessee as prescribed by city ordinance, the Lessor shall cause leasedpremises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost ofany such clearing, cleaning, and mowing to be billed to it or added to the next annualrental payment, with interest at the rate of ten percent (10%) per annum beginning thirty(30) days from the date on which the work was completed, and continuing until suchcost is paid in full. DAMAGE OR DESTRUCTION8.2 The parties hereto acknowledge that the leased premises are within an areasubject to overflow and flooding and it is expressly agreed between the parties thatneither Lessor nor any of its agents or employees shall be liable to Lessee for anydamages caused in any manner, negligent or otherwise, by high water or floods at LakeNasworthy, nor by the rivers or creeks which serve as its sources of supply or diversionchannels, nor by reason of any work deemed necessary in Lessors sole judgment inthe maintenance of said Lake and sources of supply or diversion channels and alldamages occasioned thereby are hereby waived, and when Lessor (or any agentthereof) deems it necessary to enter on the leased premises for any of the abovepurposes, its judgment shall be conclusive. IX. SUSPENSION OF PRIVILEGES HEALTH MATTERS9.1 It is expressly understood and agreed that Lessor may at any time, without noticeto Lessee or any mortgagee, suspend or revoke any and all privileges granted hereinfor such length of time as in its sole judgment is necessary for the purpose ofsuppressing or arresting an epidemic of any contagious or infectious disease, or when,in its sole judgment, any suspension of privileges is necessary to protect the health of
    • the water consumers of San Angelo, Texas. In the event privileges are suspended byLessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee anamount equal to the market value of any structures or improvements hereto made orerected on leased premises in compliance with the terms of this lease. PUBLIC PURPOSES9.2 If Lessor shall deem that leased premises are required for any public purpose orthat condemnation is necessary, Lessor shall have the right to terminate this lease bygiving ninety (90) days written notice of such termination to Lessee and any mortgageewho has notified the Water Utilities Department of its lien and its address for noticepurposes; and Lessee agrees to promptly deliver possession of leased premises toLessor; and this lease shall terminate upon the expiration of ninety (90)days after thedate of such notice; and in such event Lessor shall pay Lessee an amount equal to themarket value of any structures or improvements hereto made or erected on leasedpremises in compliance with the terms of this lease. X. RELEASE10.1 Lessee expressly releases Lessor, its officers, agents, and employees from anyand all claims for damages of any kind by reason of the condition of the premiseshereby leased, or any improvements thereon or any damages incurred in the enjoymentor exercise of the privileges granted hereunder, or for damage to its person or propertycaused by the opening of the gates at Nasworthy Dam, the lowering of the normal waterelevation in the lake, or due to flood or high water, or any fluctuating water levels whichmay arise in the use and operation of Lake Nasworthy, or in the joint use and operationof Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposesof recreation, irrigation, and water supply, or for any other purpose. XI. INDEMNIFICATION11.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, andemployees, free and harmless from any claims for damages or injury, including death,to persons or property, or any liability incurred as a result of the exercise of theprivileges conferred by this lease, and agrees to reimburse Lessor for any expensesincurred in the defense of any such claim, including reasonable attorneys fees andcourt costs actually incurred. XII. TRANSFER, ASSIGNMENT, AND SUBLETTING12.1 Lessee may not transfer or assign the leased premises, in whole or in part,without the prior written consent of the Lessor, which consent will not be unreasonablywithheld. Lessee may not sublet the leased premises, in whole or in part, without theprior written consent of the Lessor. Any such transfer, assignment or sublease shall beevidenced in writing, properly executed and acknowledged by both parties thereto; acopy shall be delivered to Lessor and the original shall be recorded in the office of the
    • County Clerk of Tom Green County, Texas. It is agreed, however, that each suchtransfer, assignment or sublease shall be subject to the obligations to Lessor as setforth in this lease and shall not release Lessee or Lessees obligations under the lease. XIII. ABANDONMENT, DEFAULT AND REMEDIES NOTICE OF INTENT TO TERMINATE LEASE13.1 In the event Lessee shall (1) abandon the premises or (2) default in performanceof any of the covenants and conditions required herein to be kept and performed byLessee and such default continues for a period of thirty (30) days, Lessor shall have theright to terminate this lease. Lessor will give thirty (30) days written notice of its intentionto terminate the lease to Lessee and any mortgagee who has notified the Water UtilitiesDepartment of its lien and its address for notice purposes, and Lessee and anymortgagee will have such thirty (30) days within which to cure such default and therebyavoid termination. Notice shall be sufficient if delivered to Lessee at the addressspecified in this lease or at such other address as Lessee may in writing designate toLessor. Upon Lessors election to terminate, this lease shall cease. POSSESSION13.2 Lessee agrees at the termination of this lease to deliver possession peacefully tothe Lessor or its agents or employees; and if it fails to give peaceful possession, Lessormay take forceful possession of said premises and eject all parties therefrom withoutbeing guilty of trespass; and all damages occasioned thereby are hereby waived. REMOVAL OF IMPROVEMENTS13.3 All buildings and other improvements placed on the property by Lessee (excepttrees, shrubs, flowers and plants) which may be removed without injury to the realtyshall remain the property of Lessee. It is understood and agreed, however, thatbuildings and improvements shall be held by the Lessor until all rentals due Lessor byLessee shall have been paid, and should any amount remain unpaid for more than thirty(30) days after termination of this lease, the Lessor shall have the right to sell suchbuildings and improvements and apply the proceeds to the amount due Lessor, withinterest at the annual rate of ten percent (10%), and to any costs incident to the sale,and pay the balance remaining, if any, to Lessee. All property remaining on thepremises after the expiration of ninety (90) days following the termination of this lease,however terminated, shall be deemed abandoned by Lessee and shall become theproperty of Lessor. OTHER REMEDIES
    • 13.4 Any termination of this lease shall not relieve Lessee from the payment of anysum or sums that are due and payable to Lessor under the lease, or any claim fordamages then or previously accruing against Lessee under this lease, and any suchtermination shall not prevent Lessor from enforcing the payment of any such sum orsums or claim for damages by any remedy provided for by law, or from recoveringdamages from Lessee for any default under the lease. All rights, options, and remediesof Lessor contained in this lease shall be construed and held to be cumulative, and noone of them shall be exclusive of the other, and Lessor shall have the right to pursueany one or all of such remedies or any other remedy or relief which may be provided bylaw, whether or not stated in this lease. No waiver by Lessor of a breach of any of thecovenants, conditions, or restrictions of this lease shall be construed or held to be awaiver of any succeeding or preceding breach of the same or any other covenant,condition, or restriction contained in this lease. XIV. MISCELLANEOUS RELATIONSHIP OF LESSOR AND LESSEE14.1 The relationship between Lessor and Lessee at all times shall remain solely thatof landlord and tenant and shall not be deemed a partnership or joint venture. PARTIES BOUND14.2 This agreement shall be binding upon and inure to the benefit of the parties ofthe lease and their respective heirs, executors, administrators, legal representatives,successors and assigns. HEADINGS14.3 The paragraph headings contained herein are for convenience and referenceand are not intended to define, extend or limit the scope of any provisions of this lease. SUPERSEDES PRIOR AGREEMENTS14.4 If this lease replaces another lease, all prior agreements are superseded by thislease. ENTIRE AGREEMENT/AMENDMENTS14.5 This lease constitutes the entire agreement between the parties, and Lessor isnot bound by any agreement, condition or stipulation, understanding or representationmade by any of Lessor’s agents not contained herein. No amendment to this lease shallbe effective unless such is in writing and signed by both parties. VIOLATIONS OF LEASE
    • 14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIESTHAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, ORCOVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THISLEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BECONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE. TEXAS LAW TO APPLY14.7 The parties hereby agree that Texas law will control the interpretation orenforcement of this lease. This lease has been executed in Texas, and all obligationshereunder are performable in Tom Green County, Texas. INVALID OR ILLEGAL PROVISIONS14.8 If any provision of this lease is held invalid as to any person or set ofcircumstances, such holding shall not affect the validity of any remaining provision ofthis lease or any provision’s application to other persons not similarly situated or toother circumstances. REIMBURSEMENT OF LESSOR’S EXPENSES14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limitedto, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligationsunder this lease, which include, but are not limited to, collection of rental fees andcollection of utility payments, taxes and other legitimate assessments. NOTICES14.9 All notices concerning this lease shall be in writing and delivered to the parties atthe addresses below: LESSEE: Michael W. and Nancy S. Benetich 11046 Twin Lakes Lane San Angelo, Texas 76904 LESSOR: City of San Angelo Attn: Water Utilities Director P.O. Box 1751 San Angelo, Texas 76902
    • EXECUTED in duplicate originals on the _____day of _____________________,20___ by: LESSEE(S) Michael W. Benetich Nancy S. BenetichSTATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of________________, 20____ by Michael W. and Nancy S. Benetich. Notary Public, State of Texas CITY OF SAN ANGELO, LESSOR BY: W. H. WILDE, Director Water Utilities DepartmentSTATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of________________, 20____, by W. H. Wilde, Water Utilities Director, of the City of SanAngelo, a Texas home rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas
    • City of San AngeloMemo Date: May 24, 2012 To: Mayor and Councilmembers From: Robert A. Schneeman, Development Coordinator Subject: Agenda Item for 06/05/12 Council Meeting Contact: Robert Schneeman or Shawn Lewis 657-4210 Caption: Regular Agenda Item Consideration of a resolution of the City of San Angelo authorizing the City Manager or his designee to execute a temporary nonexclusive sidewalk use license agreement with Bobby and Karen Eggemeyer for awning use at 37 East Concho Avenue and such other instruments as may be necessary or convenient for carrying out such purposes; and, finding a public purpose and benefit therein Summary: The applicants, Bobby and Karen Eggemeyer are requesting the issuance of a Street Use License for the use of a portion of the right of way in East Concho Avenue and South Oakes Street. The area to be licensed for their use is located immediately in front of and / or adjacent to their business at 37 East Concho Avenue, the business being Eggemeyer’s General Store. History: Applicants have requested of staff information regarding permit requirements for a proposed awning to be located within the public right of way of East Concho Avenue above the sidewalk area adjacent to their property and being similar to the existing awning now located over the sidewalk in front of their business at 35 East Concho Avenue. The proposed area is located immediately in front of and / or adjacent to their business at 37 East Concho Avenue, the business being Eggemeyer’s General Store. The area is proposed to be covered by a an awning similar to that which currently exists at their business located at 35 East Concho Avenue immediately next door to the subject property. The proposed awning will effectively be an extension of the existing cover over the sidewalk to be affixed to the concrete sidewalk, and the building. Financial Impact: None Related Vision Item (if applicable): Other Information/ Staff recommends approval Recommendation: Attachments: Resolution , Map, Rendering, and Agreement Presentation:
    • Publication:Reviewed by Shawn LewisDirector:Approved by Legal:
    • THE STATE OF TEXAS §TOM GREEN COUNTY § TEMPORARY NONEXCLUSIVE SIDEWALK USE LICENSE AGREEMENT THIS TEMPORARY NONEXCLUSIVE SIDEWALK USE LICENSE AGREEMENT, hereinafter referred to as “License”, effective the day of 2012, by and between the CITY OF SAN ANGELO, a home rule municipal corporation situated in Tom Green County, hereinafter referred to as “Licensor” or “City”, having a mailing address of P.O. Box 1751, San Angelo, Texas 76902 Texas, and BOBBY EGGEMEYER and KAREN EGGEMEYER, hereinafter referred to as “Licensees”, 35 E. Concho Avenue, San Angelo, Texas 76903.WITNESSETH: That Licensor, for consideration of ten dollars ($10.00) and other good and valuable consideration the receipt of which is hereby acknowledged, does hereby grant to Licensees the non-exclusive, temporary, revocable right, privilege and license to use the following described property located in Tom Green County, Texas, hereinafter referred to as the “Licensed Premises”, and being more particularly described as follows: That portion of the East Concho Avenue and South Oakes Street sidewalk right-of-way described as follows: PARCEL A - the southerly twelve feet (12’) of the East Concho Avenue right of way beginning at the extended east line of Lot 26, Block C, San Angelo Addition of the City of San Angelo, Tom Green County, Texas, and extending westerly a distance of fifty feet(50’) +/-, and PARCEL B - the westerly twelve feet (12’) of the South Oakes Street right of way beginning at the extended north line of said Lot 26, Block C, San Angelo Addition of the City of San Angelo, Tom Green County, Texas, extending southerly a distance of ninety four feet (94’) +/- along the west boundary of said street right-of-way, and Parcel C – a triangular parcel formed by the east line of Parcel A above, the north line of Parcel B above and a line connecting the northeast corner of said Parcel A with the northeast corner of said Parcel B, and comprising 1,800 square feet more or less, as depicted on Exhibit A attached”.
    • for the “Permitted Use” as set forth herein, commencing from the foregoing effective date, and subject to the conditions, restrictions, covenants and exceptions set forth in this License.1. Permitted Use: The Licensed Premises “Permitted Use” shall be for the construction and maintenance of an awning over said sidewalk right-of-way easement area, including support structure, constructed and maintained in accordance with Section 5 hereof entitled “Fixtures”, and in accordance with applicable federal and state law and City ordinances, including required building permit(s).2. Term: The License shall commence on the effective date hereof and continue for a period of years to , 20 , at which time this License shall automatically terminated if not sooner terminated as herein provided.3. Non-exclusive License: This license is non-exclusive and is made expressly subject and subordinate to the right of the City to use and maintain the licensed area for public right- of-way, utility right-of-way or any other public purpose.4. Reservation of Right of Termination. (a) The City Council of the City of San Angelo reserves the right to terminate and cancel this License by resolution passed by said Governing Body upon a finding that the License is inconsistent with the public use of the Licensed Premises or whenever the purpose or use of the License is or has become a nuisance as determined in the discretion of the City Council, and all rights granted hereunder shall thereupon be considered fully terminated and canceled, and the City shall not be held liable by reason thereof nor shall Licensees be entitled to compensation therefore. The parties hereto concur that such a resolution of the City Council shall be final and shall not be subject to review by the Courts. (b) Notwithstanding the provisions of Paragraph 4(a) above, Licensees and Licensor shall each have the right of cancellation of this License without cause upon giving the other party sixty (60) days written notice of the party’s intention to cancel. (c) Upon termination or cancellation by City or Licensees, this License shall become null and void and Licensees or Licensees’ successors or assigns shall remove from the Licensed Premises, to the extent required by City, any or all improvements, appurtenances and encroachments installed pursuant to this License and shall restore the Licensed Premises to its condition at the effective date of this License, all at the sole expense of the Licensees. In the event that Licensees shall fail to remove such improvements, appurtenances and encroachments as required and to restore the
    • Licensed Premises, City shall have the right to do so or to cause such work to be done, and to assess reasonable allocated costs or the incurred cost of all such work against Licensees, or their successors or assigns.5. Fixtures: Licensees may install an awning and support structure as more particularly described on Exhibit B attached hereto and made a part hereof for all purposes. Licensees shall not install any other improvements or fixtures on the Licensed Premises without first securing written permission therefore from City.6. Codes, Ordinances and Regulations: Licensees shall comply with all applicable codes, regulations and ordinances of federal, state and local governments in the exercise of their use of the Licensed Premises. This requirement shall include, but not be limited to, compliance at all times with the Texas Architectural Barriers Act, Texas Accessibility Standards, Americans with Disabilities Act, as well as local ordinances and regulations relating to occupancy loads and unobstructed passage ways, entrances and exits.7. It is mutually agreed that should the City, in the exercise of its discretion, determine that the grade of any street or sidewalk ought to be modified or changed, or that any other work should be done in connection with any public improvement which will affect the Licensed Premises, Licensees’ improvements or appurtenances thereon, or the use thereof by Licensees, City may proceed with such improvement, change or work without liability to Licensees. Any modification or change required thereby to Licensees’ improvements or facilities located on the Licensed Premises shall be made subject to City approval and at the sole expense of Licensees.8. INSURANCE AND INDEMNIFICATION. From and after the effective date of this License and as more particularly set forth in Exhibit C, attached hereto and made a part hereof for all purposes, Licensees shall: (a) hold harmless and indemnify City from liability for all claims arising out of Licensees’ exercise of the rights granted hereunder; and (b) during the term of this License procure and keep in full force and effect insurance coverage of the kinds and in the minimum amounts as set forth in Exhibit C, naming the City by endorsement as an additional insured party.9. Reservations. This License is subject to any existing utility or communication facilities, including drainage, presently located within or about the Licensed Premises, whether or not owned or operated by the City and to any vested rights for the use of the Licensed Premises. No improvement or appurtenance shall be constructed or placed by Licensees upon, over or across the Licensed Premises in such a manner as to interfere with the operation or maintenance of any utility or communication facility present on the Licensed Premises. The owner or operator of such utility or communication facility shall maintain
    • the right of ingress and egress upon the Licensed Premises for the purpose of constructing, relocating, inspecting, patrolling, maintaining and adding to or removing its respective facilities without the necessity at any time of procuring the permission of Licensees, including the right to remove any improvement of Licensees installed pursuant to this License which substantially interferes with the construction, maintenance, safety or efficiency of such utility or communication facilities. Successors and Assigns. The terms of this License shall be binding upon the Licensees and Licensees’ successors and assigns. Non-assignable. This License may not be assigned by Licensees without the prior written approval from the City. The assignee shall deliver a copy of the assignment, along with the assignee’s written acceptance of the provisions of this License, to the Director of Community Development for the City of San Angelo, or his designee, within ten (10) days of such assignment. Should Licensees fail to obtain prior written approval for assignment of this License or fail to provide the City with the required written acceptance and a copy of the assignment as provided, the Director of Community & Economic Development, or his designee, may terminate this License. IN WITNESS WHEREOF, the parties hereto have caused this amendment to the originalAgreement to be executed in duplicate and intend to be legally bound thereby. LICENSOR: CITY OF SAN ANGELO BY:ATTEST: Michael Dane, Interim City Manager Date: , 2012Alicia Ramirez, City Clerk LICENSEES: Bobby Eggemeyer ______________________________ Karen Eggemeyer Date: , 2012
    • STATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____ day of ________________, 2012, byMichael Dane, Interim City Manager of the CITY OF SAN ANGELO, a Texas home rule municipalcorporation, on behalf of said corporation pursuant to resolution of its governing body. Notary Public, State of TexasSTATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the day of , 2012, by Bobby Eggemeyer. ___________________________________ Notary Public, State of TexasSTATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the day of , 2011, by Karen Eggemeyer. ___________________________________ Notary Public, State of TexasAPPROVED AS TO FORM: APPROVED AS TO CONTENT:Dan T. Saluri, Sr. Asst. City Atty. Shawn Lewis, Dir. of Community & Economic Development
    • EXHIBIT APlan View of Street License Area 37 East Concho Street
    • EXHIBIT BPlan View of Awning37 E. Concho Street
    • EXHIBIT B (cont’d )Elevation View of Awning 37 East Concho Avenue
    • EXHIBIT C TEMPORARY NONEXCLUSIVE SIDEWALK USE LICENSE AGREEMENT INSURANCE REQUIREMENTS1. INDEMNIFICATION. 1.1 GENERAL INDEMNIFICATION. LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF LICENSEE OR CITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF LICENSEE, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF LICENSEE AND ANY OTHER ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS CONTRACT OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY LICENSEE HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS CONTRACT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE LICENSEE TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 1.3 PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR IN THIS CONTRACT SHALL SURVIVE THE EXPIRATION OF THIS CONTRACT AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE TERM OF THIS CONTRACT BUT THEREAFTER SO LONG AS ANY LIABILITY (INCLUDING BUT NOT LIMITED TO LIABILITY FOR CLOSURE AND POST CLOSURE COSTS) COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OF LICENSEE IN PERFORMING UNDER THIS CONTRACT.
    • 2. Insurance. 2.1 General Conditions. The following conditions shall apply to all insurance policies obtained by Licensee for the purpose of complying with this Contract. 2.1.1 Satisfactory Companies. Coverage shall be maintained with insurers and under forms of policies satisfactory to City and with insurers licensed to do business in Texas. 2.1.2 Named Insureds. All insurance policies required herein shall be drawn in the name of Licensee, with City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees named as additional insureds. 2.1.3 Waiver of Subrogation. Licensee shall require its insurance carrier(s), with respect to all insurance policies, to waive all rights of subrogation against City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees. 2.1.4 Certificates of Insurance. At or before the time of execution of this Contract, Licensee shall furnish City’s Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverages and limits of insurance. All certificates of insurance shall clearly state that all applicable requirements have been satisfied. The certificates shall provide that any company issuing an insurance policy shall provide to City not less than thirty (30) days advance notice in writing of cancellation, non-renewal or material change in the policy of insurance. In addition, Licensee and insurance company shall immediately provide written notice to City’s Risk Manager upon receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. Copies of required endorsements will be attached to the certificates to confirm
    • the required endorsements are in effect. Certificates of insurance and notices of cancellations, terminations or alterations shall be furnished to City’s Risk Manager at City Hall, P.O. Box 1751, San Angelo, Texas 769022.1.5 Licensee’s Liability. The procurement of such policy of insurance shall not be construed to be a limitation upon Licensee’s liability or as a full performance on its part of the indemnification provisions of this Contract. Licensee’s obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury or loss caused by or attributable to its activities conducted at or upon the premises. Failure of Licensee to maintain adequate coverage shall not relieve Licensee of any contractual responsibility or obligation.2.1.6 Sub-Licensees’ Insurance. Licensee shall cause each Sub-Licensee and Sub-Sub-Licensee of Licensee to purchase and maintain insurance of the types and in the amounts specified below. Licensee shall require Sub-Licensees and Sub-sub-Licensees to furnish copies of certificates of insurance to Licensee’s Risk Manager evidencing coverage for each Sub-Licensee and Sub-Sub-Licensee.2.2 Types and Amounts of Insurance Required. Licensee shall obtain and continuously maintain in effect at all times during the term hereof, at Licensee’s sole expense, insurance coverages as follows with limits not less than those set forth below:2.2.1 Commercial General Liability. This policy shall be an occurrence- type policy and shall protect the Licensee and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than the Licensee’s employees) and damage to property of the City or others arising out of the act or omission of the Licensee or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by Licensee under the paragraph of this Contract entitled “Indemnification.” Coverage shall not be less than:
    • $ 1,000,000.00 General Aggregate $ 1,000,000.00 Each Occurrence2.2.7 Liquor Liability. In the event the Licensee plans to distribute, serve, or sell alcoholic beverages, Licensee shall obtain Liquor Liability coverage in the amount indicated below. The insurance shall protect the Licensee and the additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than Licensee’s employees) or damage to the property of others, which arises out of the sale or distribution of alcoholic beverages. Coverage shall be no less than: $1,000,000.00 Each Occurrence
    • A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE A TEMPORARY NONEXCLUSIVE SIDEWALK USE LICENSE AGREEMENT WITH BOBBY AND KAREN EGGEMEYER FOR CONSTRUCTING AND MAINTAINING AN AWNING AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OF SOUTH OAKS STREET WITH EAST CONCHO AVENUE, AND SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY OR CONVENIENT FOR CARRYING OUT SUCH PURPOSES; AND, FINDING A PUBLIC PURPOSE AND BENEFIT THEREIN WHEREAS, Bobby Eggemeyer and Karen Eggemeyer, applicants for license(Applicant), are the owners of certain real property and retail commercial establishment locatedon the southwest quadrant of the intersections of East Concho Avenue and South Oaks Street,commonly known as Eggemeyer’s General Store, 35 East Concho Avenue, San Angelo, TomGreen County, Texas; and, WHEREAS, said real property is located within the Central Business District andDowntown Development District; and, WHEREAS, Applicant would like to utilize a designated portion of the sidewalk right-of-way along the south side of East Concho Avenue and the west side of South Oakes Street forpurposes of constructing and maintaining an awning over the sidewalk area and, WHEREAS, use of a designated portion of the sidewalk right-of-way along the south sideof East Concho Avenue and the west side of South Oakes Street as described more particularly inExhibit A, attached hereto, for purposes of constructing and maintaining an awning over thesidewalk area, would be consistent with and beneficial to the aesthetics and development of theCentral Business District and said intersection in particular; and, WHEREAS, the City Council has determined that the granting of the application for atemporary nonexclusive sidewalk use license for purposes of an awning over a portion of thesidewalk area at the intersection of South Oaks Street with East Concho Avenue would be in thepublic interest and benefit: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO, TEXAS THAT: All of the recitals hereinabove stated are found to be true and correct and are incorporatedherein and made a part of this resolution. The City Council of the City of San Angelo, Texas, hereby determines that there is apublic necessity for, and the public welfare and convenience will be served by, granting of theapplication made by Bobby Eggemeyer and Karen Eggemeyer for a temporary nonexclusivesidewalk use license for purposes of constructing and maintaining an awning over a portion of
    • the sidewalk area in compliance with all applicable state law and City ordinances, to be locatedat the southwest quadrant of the intersection of South Oaks Street and East Concho Avenue, asdescribed more particularly in Exhibit A, attached hereto and made a part hereof for allpurposes. The City Manager or his designee is hereby authorized to negotiate and execute on behalfof the City of San Angelo a Temporary Nonexclusive Sidewalk Use License Agreement withBobby Eggemeyer and Karen Eggemeyer for purposes of constructing and maintaining anawning over the described sidewalk area, and such other instruments as may be necessary orconvenient for carrying out such purposes. PASSED and APPROVED THIS DAY OF , 2012. THE CITY OF SAN ANGELO Alvin New, MayorAttest:Alicia Ramirez, City ClerkApproved As to Content: Approved As to Form:______________________________ ______________________________Shawn Lewis, Director of Community Lysia H. Bowling, City Attorneyand Economic Development
    • EXHIBIT A The Licensed Premises shall consist of that portion of the sidewalk area at 37 EastConcho Avenue, City of San Angelo, Tom Green County, Texas, more particularly described asfollows: That portion of the East Concho Avenue and South Oakes Street sidewalk right- of-way described as follows: PARCEL A - the southerly twelve feet (12’) of the East Concho Avenue right of way beginning at the extended east line of Lot 26, Block C, San Angelo Addition of the City of San Angelo, Tom Green County, Texas, and extending westerly a distance of fifty feet(50’) +/-, and PARCEL B - the westerly twelve feet (12’) of the South Oakes Street right of way beginning at the extended north line of said Lot 26, Block C, San Angelo Addition of the City of San Angelo, Tom Green County, Texas, extending southerly a distance of ninety four feet (94’) +/- along the west boundary of said street right-of-way, and PARCEL C – a triangular parcel formed by the east line of Parcel A above, the north line of Parcel B above and a line connecting the northeast corner of said Parcel A with the northeast corner of said Parcel B, and comprising 1,800 square feet more or less, as depicted on Exhibit A attached”.
    • City of San AngeloMemo Date: May 22, 2012 To: Mayor and Councilmembers From: Sandra J. Villarreal Subject: Agenda Item for June 5, 2012 Council Meeting Contact: Sandra J.Villarreal Caption: Consent Consideration of adopting a Resolution extending the Public Health Emergency Preparedness (PHEP) contract end date to align with the State Fiscal Year, extending the equipment purchase deadline date, adding additional funds in the amount of $6501.00, for a Total DSHS Reimbursement of $113,579.00, with the City providing a total Match of $19,339, and reallocating funds to reflect actual expenditures. Summary: The Public Health Emergency Preparedness (PHEP) Grant (Bioterrorism) is a recurring grant applied to and received from the Department of State Health Services. The San Angelo-Tom Green County Health Department uses these funds to pay for 50% salary and benefits of the Nursing Manager, 50% of salary and benefits for PHEP/Emergency Management Office Assistant, 50% of salary and benefits of the Emergency Management Coordinator and 10% of salary and benefits of the Health Services Manager. Funds are used to carry out objectives addressing Centers for Disease Control Public Health Emergency Preparedness Goals of prevention, detection/reporting, investigation, control, recovery, and improvement. The Health Department is encouraged to partner and cooperate within and between jurisdictions in the State of Texas related to preparedness activities. Partnerships may include, planning activities, exercises, training and response to events or emergencies. History: In April 2012, DSHS changed the contract period end date to August 31, 2012, a month later than the original contract end date to align the contract period with the State’s Fiscal year. DSHS added an additional $6501.00 for salary and benefits, extending the contract period to 13 months. In FY 2012, the State of Texas, due to state budgetary issues, had reduced the local funding by 16% or $17,509.00. In October 2011, the City accepted PHEP funds in the amount of $91,320, which reflected the decrease from prior year funding. With FY12 Federal funding in place, the Texas DSHS offered local jurisdictions the option to apply for carry-over funds. DSHS awarded us the carry- over fund of $15,758.00, with the City matching funds obligated at $1,751.00 in April 2012.
    • Financial Impact: The receipt of the $6501.00, in addition to the previous awards for a total grant award of $$113,579.00, along with matching funds totaling $19,339.00, will assist the City in carrying out the grant objectives, by purchasing Emergency “Go-Kits” for Points of Distribution Sites, as well as, a needed Information Storage Device (Server), which will be used for storing of Health and GIS data, and update Computers in Environmental Health by purchasing four (4) laptop units, as well as providing 50% of the salary and benefits to each of the Nursing Manager, Emergency Management Coordinator, and the Planning Specialist at the Emergency Management Office, in addition to 10% of salary and benefits of the Health Services Manager.Related Vision Item(if applicable):Other Information/ Staff recommends . . . Approval.Recommendation:Attachments: Resolution and agreementPresentation:Publication:Reviewed by Rick Weise, x-1072Director:Approved by Legal:
    • A RESOLUTION BY THE SAN ANGELO CITY COUNCIL RATIFYING THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES PUBLIC HEALTH EMERGENCY PREPAREDNESS (PHEP) GRANT CONTRACT AMENDMENT TO EXTEND THE CONTRACT END DATE TO ALIGN WITH THE STATE FISCAL YEAR, EXTEND THE EQUIPMENT PURCHASE DEADLINE DATE, ADD ADDITONAL FUNDS, AND REALLOCATE FUNDS TO REFLECT ACTUAL EXPENDITURES. WHEREAS, the City of San Angelo applied for and has been awarded a Texas Department ofState Health Services Public Health Emergency Preparedness (PHEP) Grant for $91,320.00, to beused to carry out objectives addressing Centers for Disease Control Public Health EmergencyPreparedness Goals of prevention, detection/reporting, investigation, control recovery, andimprovement; and, WHEREAS, in April 2012, DSHS amended the contract changing the contract period enddate to August 31, 2012, to align the contract period with the State’s Fiscal year. DSHS added anadditional $6,501.00 for salary and benefits, extending the contract period to 13 months; and, WHEREAS, the receipt of the $6501.00, in addition to the previous awards for a total grantaward of $113,579.00, along with matching funds totaling $19,339.00, will assist the City in carryingout the grant objectives. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SANANGELO, TEXAS THAT: The amended contract, extending the contract period to 13 months and awardingadditional funds in the amount of $6501.00 for the Texas Department of State Health ServicesPublic Health Emergency Preparedness (PHEP) Grant for a total grant award in the sum of$113,579.00, to be used to carry out objectives addressing Centers for Disease Control PublicHealth Emergency Preparedness Goals is hereby ratified and the total grant of funds in the sumof $113,579.00 is hereby accepted. The City Manager or his designee is hereby authorized toexecute such documents as may be necessary or desirable to accept the additional grant funds,provide for their application for the purposes stated, and cause application of the authorizedmatching funds. PASSED and APPROVED THIS DAY OF , 2012. CITY OF SAN ANGELO, TEXASATTEST: Alvin W. New, MayorAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORM
    • Sandra Villarreal, Lysia H. Bowling, City AttorneyHealth Services Manager
    • City of San AngeloMemo Meeting Date: May 1, 2012 To: City Council members From: Jeff Hintz, Planner Subject: Bed & Breakfast ordinance and summary of process Caption: First Public Hearing and consideration of an ordinance amending Bed & Breakfast regulations. AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 12, EXHIBIT A “ZONING ORDINANCE”, ARTICLE 4 “SPECIFIC USE STANDARDS”, BY AMENDING SECTION 406 “BED AND BREAKFAST ESTABLISHMENTS”, TO PROVIDE SPECIFIC USE STANDARDS FOR BED AND BREAKFAST APPLICABLE IN ALL ZONING DISTRICTS, AND ADDITIONAL SPECIFIC USE STANDARDS APPLICABLE IN RESIDENTIAL ZONE DISTRICTS; AMENDING ARTICLE 3 “USE REGULATIONS”, SECTION 309 “USE TABLE”, BY RESTATING THAT PART OF THE USE TABLE DESIGNATED “COMMERCIAL”, “BED & BREAKFAST”, CONSISTENT WITH THE AMENDMENT OF SECTION 406; PROVIDING FOR SEVERABILITY; PROVIDING COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; AND, PROVIDING FOR AN EFFECTIVE DATE. On June 20, 2011 Special Use 11-03 came before the Planning Commission and did not meet the current requirements that a Bed and Breakfast be placed in a transition area between zoning districts. After some discussion, the request was unanimously approved by the Planning Commission and staff was directed to look into options for discussion regarding changing the regulations for Bed & Breakfasts at a special meeting sometime in the future. On July 18, 2011 the Planning Commission established a date for a special meeting on August 22nd to discuss Bed & Breakfast establishments (among other items) and
    • potential ordinance changes. Due to time constraints at the special meeting, the itemwas tabled by unanimous decision.On a special meeting scheduled for September 28, 2011 the Bed and breakfastregulations for various cities within Texas were discussed. These cities examinedinclude the following: Abilene, Lubbock, Amarillo, Odessa, Midland, Wichita Falls,New Braunfels, San Marcos, Horseshoe Bay, Austin, and Llano. Various features andrequirements were discussed when comparing the varying cities’ regulations on theitem. At this discussion it was suggested that staff bring back items from the citiesregarding the following: allowed zoning districts, fire code requirements, taxingrequirements, parking regulations, on site sales regulations, number of rooms, andowner occupied regulations.On October 17, 2011 these items for further research were brought back and discussed.Some discussion occurred as to whether or not an overlay zone should be investigatedor if there would be a better way to move forward. Discussion of key features such asthe Rio Concho River, Lake Nasworthy and the Historic Downtown were discussed aslocations where these establishments would be appropriate. Line items regarding eachregulation were requested to be prepared and brought back for the next meeting.On December 7, 2011 line items regarding various issues on Bed & Breakfastestablishments were brought to the commission for a vote. At this point it wasdetermined that the parking ratios would remain the same, 2 spaces plus one space forevery guest room. The maximum number of rooms was left at 4 as the currentordinance calls for. In residential districts it was also determined that the establishmentmust be owner occupied as the current ordinance stipulates. Sales on site would beallowed as an accessory use, but said sales would be limited to guests of theestablishment only. Regarding where Bed & Breakfasts would be allowed, thecommission altered the use table to the form it takes in the proposed ordinance.On February 20, 2012 residential signage requirements were discussed and other cities’regulations were compared to San Angelo. After some discussion it was determinedthat residential signage would be allowed to be 6 square feet with no internalillumination allowed. The other provisions of the draft ordinance were reviewed and thelimitations on employees allowed at Bed & Breakfasts were removed and it wasdetermined that these types of establishments would be counted as residential uses forthe purposes of determining a privacy fence. It was also established that the wordagefor keeping a guest registrar would be changed to keeping the register of guests incompliance with state code.On April 16, 2012 the Planning Commission voted unanimously to approve the draftordinance as presented and directed staff to send the ordinance to City Council. Attachments: Amended ordinance as approved by Planning Commission.
    • AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 12, EXHIBIT A “ZONING ORDINANCE”, ARTICLE 4 “SPECIFIC USE STANDARDS”, BY AMENDING SECTION 406 “BED AND BREAKFAST ESTABLISHMENTS”, TO PROVIDE SPECIFIC USE STANDARDS FOR BED AND BREAKFAST APPLICABLE IN ALL ZONING DISTRICTS, AND ADDITIONAL SPECIFIC USE STANDARDS APPLICABLE IN RESIDENTIAL ZONE DISTRICTS; AMENDING ARTICLE 3 “USE REGULATIONS”, SECTION 309 “USE TABLE”, BY RESTATING THAT PART OF THE USE TABLE DESIGNATED “COMMERCIAL”, “BED & BREAKFAST”, CONSISTENT WITH THE AMENDMENT OF SECTION 406; PROVIDING FOR SEVERABILITY; PROVIDING COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF SAN ANGELO, TEXAS, THAT:Section 1. Section 406 “Bed and Breakfast Establishments” of Chapter 12, Exhibit A“Zoning Ordinance”, Article 4 “Special Standards”, is hereby amended to read in its entirety asfollows: Section 406. Specific use standards applicable to a Bed and Breakfast are: (A) General Standards In all zoning districts, the following will be required: 1. A minimum of two off-street parking spaces, plus one additional space per guest room, shall be provided on the same lot or tract of land as the Bed and Breakfast establishment. 2. A maximum of four guest rooms shall be provided in any one Bed and Breakfast establishment. 3. No food preparation, except beverages, is allowed within individual guest rooms. Meal service shall be provided to overnight guests only. 4. Preparation and service of food for guests shall conform to all applicable regulations of the State of Texas and the City of San Angelo. 5. The operator shall keep a current guest register in compliance with state code. 6. For the purposes of determining privacy fence requirements, a Bed and Breakfast will always be considered a residential use.
    • (B): Standards for Residentially Zoned Properties In addition to the requirements in section 406(A), the following shall apply 1. The operator of the Bed and Breakfast is a full-time resident of the dwelling in which the Bed and Breakfast establishment is housed. 2. All lighting shall be directed toward the bed & breakfast and not at surrounding neighbors. 3. No exterior evidence of the Bed and Breakfast shall be allowed, except for one sign, no larger than six square feet, which is not internally lit. 4. On site sales will be allowed as an accessory use to the bed and breakfast establishment; said sales will be limited to guests only; no other sales will be allowed at the location.Section 2. Section 309 “Use Table” of Chapter 12, Exhibit A “Zoning Ordinance”, Article 3“Use Regulations”, is hereby amended by restating that part of the Use Table designated“Commercial”, “Bed & Breakfast” to read as follows: Use Short Residential Districts Nonresidential Districts Category Definition R R R R R R M M C C C C C O M M CG (see also Sections 311 &S S S MMH H N O G H B W L H / thru 316) E 1 2 3 1 2 P S D CH A = Allowed C = Conditional Use S = Special Use * = Specific Use Regulations May Apply. See Article 4Commercial Use CategoriesBed & a single-family *CCCC C C - - AAACA C C C ABreakfast dwelling offering overnight accommodationsSection 3. If any provision, section, subsection, sentence, clause or phrase of this Ordinance,or the application of same to any person to set circumstances, is for any reason held to beunconstitutional, void or invalid, the validity of the remaining provisions of this Ordinance ortheir application to other persons or set of circumstances shall not be affected thereby, it beingthe intent of the City Council in adopting this Ordinance that no portion hereof or regulationsconnected herein shall become inoperative or fail by reason of any unconstitutionality, invalidityor void finding of any portion hereof, and all provisions of this Ordinance are declared severablefor that purpose.
    • Section 10. THAT, this Ordinance shall be effective on, from and after the date of adoption.INTRODUCED on the 1st day of May, 2012, and finally PASSED, APPROVED andADOPTED on this the 15th day of May, 2012. CITY OF SAN ANGELOATTEST: BY: Alvin New, MayorBy: Alicia Ramirez, City ClerkApproved as to Content: Approved as to Form:AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
    • City of San AngeloMemo Meeting Date: June 5, 2012 To: City Council members From: Jeff Hintz, Planner Subject: A request to partially abandon a segment of alley right-of-way on the following property: Property: An approximately 20’ wide x 130’ long portion of alley running east to west, and perpendicular to S. Chadbourne Street in the Maintown Addition, Block 7, and immediately north of Lot 20 in downtown San Angelo Contacts: John Castillo, Fat Boss Pub 374-0008 Jeff Hintz, Planner 657-4210 CAPTION: First Public Hearing and consideration of introduction of an Ordinance authorizing abandonment of public right-of-way in the Maintown Addition, Block 7 in downtown San Angelo, AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 20’ wide x 130’ long portion of alley running east to west, and perpendicular to S. Chadbourne Street in the Maintown Addition, Block 7, and immediately north of Lot 20 in downtown San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS Summary: The City Council may:
    • (1) Approve of the proposed abandonment;(2) Modify of the abandonment conditions to those believed to be more appropriate; or(3) Deny of the proposed abandonment.Recommendation: City staff recommends approving the proposed abandonment,subject to conditions outlined in this staff report.On May 21, 2012 the Planning Commission recommended approving theabandonment subject to conditions by a vote of 7-0.History and Background:General Information Existing Zoning: Central Business District (CBD) Existing Land Use: Alleyway between the following land uses: Fat Boss Pub, temporary municipal offices, and First United Methodist Church campus facility. Surrounding Zoning/Land Use: North: CBD Temporary municipal offices West: CBD Chadbourne Street South: CBD Fat Boss Pub East: CBD Previously abandoned alley Conformance with Thoroughfare Plan: South Chadbourne Street and East Beauregard Avenue are defined as “arterial streets.” “Arterial streets” connect collector streets to freeways and other arterials carrying large volumes of traffic at high speeds. Access is secondary and mobility is the primary function of these streets. Storm Water/Drainage: Requires a minimum five foot wide open and unobstructed easement for storm water drainage Topography: Abandonment of the right-of-way is not expected to generate any elevation problems or issues. Water/Sewer Utilities: Requires that a utility easement be maintained due to an existing sewer main in the alleyway
    • Fire Protection: Requires finalization of the previous alley abandonment to the east in this block. This includes acceptance by the city of an alternate north-south extension through lot 17 of this block. Without finalization of the previous abandonment, this abandonment would create a dead end of over 150 feet and would present a serious problem without an approved turn around. Access Management: Requires that utility easements be retained or utilities be relocated prior to abandonment Notification Required: Yes Notifications Sent: 14 Responses in Favor: 1 Responses in Opposition: 1Special Information Private Utilities: Allow access for open and unobstructed easements to maintain utilities in the abandonment area Traffic Concerns: Traffic patterns in the area will certainly be altered and changed if the proposed abandonment is approved. This segment of alley is currently used for access to the temporary municipal building and for deliveries to the Fat Boss Pub. The finalization of a previous alley abandonment in this block will create an alley running north to south and effectively satisfy the traffic needs of the surrounding properties.This proposed abandonment will allow for the alleyways that run from east to west inthis block to be formally abandoned. However, before this can occur a dedicated alleymust be established through Lot 17 of this block that will allow for a full north southrunning alleyway through the block. City staff and private utilities have no objections tothis abandonment so long as the previous abandonment is finalized. At one point adocument was recorded that sought to establish this alternate alleyway through Lot 17of this block; however, this document does not fully establish the pathway as an alley.Assuming that the alternate alleyway running through Lot 17 is dedicated to cityspecifications, there will be no issues with city staff or private utilities so long at theproposed conditions are met. No buildings can ever be built on this segment of alleywaythat would obstruct access to utilities or storm water, but a patio and outdoor seatingarea that is proposed likely would not be a problem.
    • Proposed Conditions1. Reservation of an easement for installation, maintenance, repair and replacement of utilities, which, said easement shall: a. extend over the entire length and width of the abandonment b. remain open and unobstructed.2. Filing of documents necessary to finalize the previous abandonment in Block 7 filed by First United Methodist Church and approved on January 26, 2009 by Planning Commission and on March 3, 2009 by City Council.3. A minimum five foot wide open and unobstructed easement for storm water drainageAttachments: excerpt from zoning map, showing the general location within the City of San Angelo; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; draft minutes from Planning Commission; citizen responses; and draft ordinance.Presentation: Jeff Hintz, PlannerReviewed by: AJ Fawver, Planning Manager (05/10/12)
    • A. Alley Abandonment: John Castillo A request to partially abandon an alley right-of-way on the following property: An approximately 20’ wide x 130’ long portion of alley running east to west, and perpendicular to S. Chadbourne Street in the Maintown Addition, Block 7, and immediately north of Lot 20 in downtown San Angelo.Jeff Hintz, Planner, came forward to present this request, consistent with thestaff recommendation of approval, subject to conditions. 14 notifications weresent, with 1 returned in favor, and 1 returned in opposition. Mr. Hintz illustratedwhich parcels had returned notifications on the request, and then distributedthese to the Commission members for their review.Mr. Hintz reminded the Commission that the entire area is zoned as CBD, andgave some orientation information on the surrounding properties. Mr. Hintznoted an approved abandonment in the same Block 7 as the proposedabandonment. Mr. Hintz reviewed the last remaining condition of the previousabandonment approval and illustrated how it works with the entire block, andwith the proposed abandonment that is the subject of this request. He went onto discuss the subject area. The conditions of approval were put together bystaff from a variety of divisions, which Mr. Hintz outlined, along with localutilities. Mr. Hintz gave some detail explaining why the conditions are beingrequested. What the proponent is requesting to do with the property wouldn’thinder the conditions of staff approval, in the opinion of staff.Sam Tambunga asked a question regarding the previous abandonment andclarified that staff recommends it must be finalized before this will be.Bill Wynne asked for clarification regarding the intent of the proponent. Mr.Hintz explained that the proponent is seeking to have a secured area. Mr.Wynne furthermore asked what types of partitions could be placed in the site.Ms. Fawver emphasized that staff will strongly urge the proponent to choose atype of fencing that easily movable, and that freely allows the flow of stormwater. She explained that the proponent needed to come forward to addressthe fencing issue on their own, as staff does not know what their vision is forthe fencing.Joe Grimes asked about issues possibly caused by the two spaces that havebeen blocked off in the adjacent parking lot. Staff outlined the reasoningbehind these issues and outlined the previous application and hearing.There were some additional questions about the protection of that building,which Mr. Hintz explained was historically overlaid and thus protected.John Castillo, co-owner of Fat Boss, came forward to speak on this matter. Asdowntown is growing and businesses are opening, the circumstances have
    • changed. Their main concern was that traffic was running through the existingalley, particularly prior to when the original abandonment was approved. Whenthe open container law downtown was passed, there were somemisconceptions about whether or not drinks could be taken outside. This opencontainer law only applies to those who do not have mixed beverage licensing.Fat Boss does, and thus, it is unlawful to take drinks outside with them. Thiswould help relieve some of that issue. What they were envisioning was rockcolumns with wrought iron fencing. They are wanting to do something thatwould be attractive and would maintain curb appeal and visibility of theproperty. They will work with the city to make sure that all of the codes andrequirements are met. It is also difficult because the back door, which is anemergency exit only, is being used routinely by patrons wishing to step outsideand smoke.Darlene Jones stated her concerns of putting up a fence that would beexpensive, especially since there is an existing easement that could allowaccess by utilities at any time. She asked if fencing the area in would meet therequirements that the business is concerned with. The proponent felt that itwould. Bill Wynne also explained his concerns with adding somethingpermanent in that location. Mr. Hintz explained that there is a sewer linerunning through that alley, and that might require access at some point formaintenance. The chairman asked several questions about the street uselicense and the staff emphasized the differences between the options. BothJennifer Boggs and Joe Grimes stated their support behind the request sinceutility access would be a requirement of either option. In this case, regardlessof the use of the building, there appear to be valid arguments for theabandonment request.No one else came forward to speak on this matter.Motion, to approve as presented, was made by Darlene Jones and secondedby Jennifer Boggs. The motion passed unanimously, 7-0.
    • AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING ALLEY, TO WIT: An approximately 20’ wide x 130’ long portion of alley running east to west, and perpendicular to S. Chadbourne Street in the Maintown Addition, Block 7, and immediately north of Lot 20 in downtown San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIEVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERSRE: abandonment of a public right-of-way being a portion of an alley in Block 7 of the Maintown Addition, extending perpendicular from S. Chadbourne Street .WHEREAS, the City Council of the City of San Angelo, Texas, acting pursuant to law,deems it advisable to abandon and convey the hereinafter described tract of land to theabutting property owner and is of the opinion that said land is not needed for public use, andthat same should be abandoned and quit claimed to the abutting property owner ashereinafter provided; andWHEREAS, the City Council of the City of San Angelo, Texas is of the opinion that the bestinterest and welfare of the public will be served by abandoning and conveying same to theabutting property owner, subject to conditions and restrictions contained herein; NOW,THEREFORE,BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF SAN ANGELO:1. That the following described tract in the City of San Angelo, Tom Green County, Texas be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned; subject, however, to the conditions and restrictions hereinafter more fully set out: BEING the entire 20-foot width and 130-foot length of right-of-way for a public alley dedicated through the western center of Block 7 in the Maintown Addition, extending perpendicular to S. Chadbourne Street in downtown San Angelo, which said alley is described more particularly as follows: BEGINNING at a point on northwest corner of the Maintown Addition, Block 7, Lot 20 THENCE in an easterly direction a distance of 130 feet; THENCE in a northerly direction a distance of 20 feet; THENCE in a westerly direction a distance of 130 feet; THENCE in a southerly direction a distance of 20 feet to the POINT OF BEGINNING.
    • 2. That the abandonment and conveyance provided for herein is made and accepted subject to all present zoning and deed restrictions, if the latter exist, and all existing easements, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise.3. That the abandonment and conveyance provided for herein shall extend only to the public right, title, easement and interest and shall be construed to extend only to the interest which the governing body for the City of San Angelo may legally and lawfully abandon and vacate.4. That the Mayor of the City of San Angelo is hereby authorized to execute and deliver a quit claim deed conveying the above-described tract to the abutting property owner. Said deed shall adhere to the following conditions: A. Reservation of an easement for installation, maintenance, repair and replacement of utilities, which, said easement shall: 1. extend over the entire length and width of the abandonment 2. remain open and unobstructed. B. Filing of documents necessary to finalize the previous abandonment in Block 7 filed by First United Methodist Church and approved on January 26, 2009 by Planning Commission and on March 3, 2009 by City Council. C. A minimum five foot wide open and unobstructed easement for storm water drainage5. That the terms and conditions contained in this ordinance shall be binding upon Grantees and assigns.6. That the Grantees shall pay all reasonable costs associated with procedures necessitated by the request to abandon this public right-of-way.INTRODUCED on the 5th day of June, 2012 and finally PASSED, APPROVED ANDADOPTED ON this the 19th day of June, 2012.CITY OF SAN ANGELO, TEXAS ATTEST:by: ______________________________ by: ______________________________ Alvin New, Mayor Alicia Ramirez, City Clerk
    • Approved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
    • City of San AngeloMemo Meeting Date: June 5, 2012 To: City Council members From: Jeff Hintz, Planner Subject: A request to partially abandon a segment of alley right-of-way on the following property: Property: An approximately 15.64’ x 32’ portion of alley running east to west, parallel to Honeysuckle Lane in the College Hills West Addition, Section 6, Block 4, and immediately south of Lot 24 in southern San Angelo. Contacts: David Aycock, representative of owner 481-0500 Jeff Hintz, Planner 657-4210 CAPTION: First Public Hearing and consideration of introduction of an Ordinance authorizing abandonment of public right-of-way in College Hills West, Section 6, Block 4 in southern San Angelo, AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 15.64’ x 32’ portion of alley running east to west, parallel to Honeysuckle Lane in the College Hills West Addition, Section 6, Block 4, and immediately south of Lot 24 in southern San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS Summary: The City Council may:
    • (1) Approve of the proposed abandonment;(2) Modify of the abandonment conditions to those believed to be more appropriate; or(3) Deny of the proposed abandonment.Recommendation: City staff recommends approving the proposed abandonment.City staff strongly recommends the property owner works with private utilities to resolveoutstanding issues regarding the placement of and relocation of utilitiesOn May 21, 2012 the Planning Commission recommended approving theabandonment by a vote of 7-0.History and Background:The pool, which led to this request, had initially been issued a permit in 1999,but it was never finalized and has subsequently expired. An initial inspectionregarding the electrical work for the pool had also taken place and was neverfinalized. Since this pool extends into an alley right-of-way, there is no way tofinalize these permits, or alleviate the situation, until the alley is abandoned orthe pool is reduced in size.General Information Existing Zoning: Single-Family Residential (RS-1) Existing Land Use: Alley between single family residences and AEP property which has power transmission lines. Surrounding Zoning/Land Use: North: RS-1 Single-Family Residence West: RS-1 Single Family Residence South: RS-1 AEP utility property East: RS-1 Single-Family Residence Storm Water/Drainage: N/A Topography: Abandonment of the right-of-way is not expected to generate any elevation problems or issues. Water/Sewer Utilities: N/A Fire Protection: If the width of the existing driving surface is reduced, then approved base material is required to maintain the width and load bearing capabilities of the alley
    • Access Management: Requires that utility easements be retained or utilities be relocated prior to abandonment Notification Required: Yes Notifications Sent: 15 Responses in Favor: 0 Responses in Opposition: 1Special Information Private Utilities: Suddenlink has indicated they need to retain the utility easement. AEP has indicated they need to retain the utility easement. Verizon has stated there is an existing utility easement between 3809 Honeysuckle and 3805 Honeysuckle. Verizon has two aerial cables and one large buried cable which are now under pavement along the pool. Verizon will need to maintain this easement and the easement in the alley for our existing buried cable. Any requirements to have overhead lines and buried lines rerouted will be at the owner’s expense. Any damages made to existing cables due to the pool construction prior to alley closure will be at owner’s expense. Traffic Concerns: Traffic patterns for this area should remain unaffected. This portion of alley has effectively been closed for several years now due to the encroachment of the swimming pool.City staff does not anticipate any issues with abandoning a segment of the alley.Generally alleys are abandoned in their entirety or not at all, but in this casestaff can recommend approval of just a portion of alleyway. This abandonmentwill directly affect one property owner and will effectively shorten an alreadydead-end alley by a distance of 32 feet. There are no municipal facilities withinthe abandonment area; however, several private utility companies have facilitieswithin the alley and/or an existing easement at the back of the property that willlikely need to be relocated. This relocation does not the affect the abandonmentof the alley and the relocation of these private utilities is the responsibility of theproperty owner. Although we recommend approval of the abandonment from amunicipal point of view, staff does reiterate that there are other issues that will
    • need to be taken care of to satisfy requirements of private utility companies whoare affected.Proposed Conditions N/AAttachments: excerpt from zoning map, showing the general location within the City of San Angelo; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; excerpt of original plat of the area; draft minutes from Planning Commission; citizen response; and draft ordinance.Presentation: Jeff Hintz, PlannerReviewed by: AJ Fawver, Planning Manager (05/10/12)
    • B. Alley Abandonment: David Aycock A request to partially abandon a segment of alley right-of-way on the following property: An approximately 15.64’ x 32’ portion of alley running east to west, parallel to Honeysuckle Lane in the College Hills West Addition, Section 6, Block 4, and immediately south of Lot 24 in southern San Angelo.Jeff Hintz, Planner, came forward to present this request, consistent with thestaff recommendation of approval. 15 notifications were sent out, with 1 inopposition. Mr. Hintz illustrated where the letter of opposition originated from.He noted that the lot current terminates at Lot 24, and was established this wayvia the plat. Staff’s recommendation of approval is, however, accompanied byan additional recommendation to the property owner to work with private utilitycompanies to remedy any encroachment issues. Mr. Hintz explained that thepermits for the pool had been pulled, but had never been finalized – had thishappened, as is the required permitting process, the violation would have beencaught and remedied at that time. However, it is essentially a problem that hasexisted for some time and was caught in the process of attempting a propertytransaction. All private utilities stated that they have utility easements in place,into which this pool encroaches.Bill Wynne asked if the easement is an aerial easement or an undergroundeasement. Jeff Hintz explained the easement is not either/or; rather, it is both.Joe Grimes asked if there was any evidence that there was utility placementunder the pool. Verizon has buried cable in the area that falls just underneaththe concrete deck around the pool. Jennifer Boggs asked about the trashpickup in the area, and asked for clarification of the ownership; specifically, isthe current owner the same owner that built the pool? Mr. Hintz explained thatthe owner now is a different owner.Al Torres, Building Official, came forward to speak regarding the permittingissue. Mr. Torres explained the inspection process and that an inspection wasnever finalized, and the permit remains in an expired state. The permit cannotbe closed until inspections that show all work is done correctly, has beencompleted. However, this cannot be done when part of the pool is on someoneelse’s property. Mr. Hintz answered more questions, explaining how this cameto staff’s attention. Bill Wynne stated he suspected this was a matter regardingtitles. Sam Tambunga confirmed that there are no recommended conditions aspart of the staff recommendation.The Chairman asked questions regarding the perceived “approval” of whattranspired with the pool. AJ Fawver explained that, just as with variances, thepresence or absence of a structure should not factor into the consideration ofthe request; rather, the merits of the case for that location (in this case, whetheror not it is in the best interests of the municipality to abandon) should always beexamined. In this case, regardless of the presence (or absence) of a pool
    • encroachment, staff would still recommend abandonment of the alley segmentbecause it is seen as having a minimal impact on the public.Mike Aycock, realtor for this property, came forward to answer any questionsthat the Commissioners had.Joe Grimes speculated about the liabilities involved, and furthermore reiteratedstaff’s recommendation that the property owner work with the private utilities toremedy the problem.Jennifer Boggs noted that she didn’t feel this isn’t precedent-setting in any way.She noted that the private property owners will then be required to work thematter out amongst themselves.Motion, to approve, was made by Jennifer Boggs and seconded by Bill Wynne.The motion passed unanimously, 7-0.
    • AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING ALLEY, TO WIT: An approximately 15.64’ x 32’ portion of alley running east to west, parallel to Honeysuckle Lane in the College Hills West Addition, Section 6, Block 4, and immediately south of Lot 24 in southern San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIEVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERSRE: abandonment of a public right-of-way being a portion of an alley in Block 4, Section 6 of the College Hills West, running parallel to Honeysuckle Lane south of Lot 24 .WHEREAS, the City Council of the City of San Angelo, Texas, acting pursuant to law,deems it advisable to abandon and convey the hereinafter described tract of land to theabutting property owner and is of the opinion that said land is not needed for public use, andthat same should be abandoned and quit claimed to the abutting property owner ashereinafter provided; andWHEREAS, the City Council of the City of San Angelo, Texas is of the opinion that the bestinterest and welfare of the public will be served by abandoning and conveying same to theabutting property owner, subject to conditions and restrictions contained herein; NOW,THEREFORE,BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF SAN ANGELO:1. That the following described tract in the City of San Angelo, Tom Green County, Texas be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned; subject, however, to the conditions and restrictions hereinafter more fully set out: BEING the entire 15.64-foot width and 32-foot length of right-of-way for a public alley dedicated immediately south of Lot 24 in Block 4, Section 6, of the College Hills West Addition, which said alley is described more particularly as follows: BEGINNING at a point on southeast corner of the College Hills West Addition, Section 6, Block 4, Lot 24 THENCE in a westerly direction a distance of 32 feet; THENCE in a southerly direction a distance of 15.64 feet; THENCE in an easterly direction a distance of 32 feet; THENCE in a northerly direction a distance of 15.64 feet to the POINT OF BEGINNING.
    • 2. That the abandonment and conveyance provided for herein is made and accepted subject to all present zoning and deed restrictions, if the latter exist, and all existing easements, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise.3. That the abandonment and conveyance provided for herein shall extend only to the public right, title, easement and interest and shall be construed to extend only to the interest which the governing body for the City of San Angelo may legally and lawfully abandon and vacate.4. That the Mayor of the City of San Angelo is hereby authorized to execute and deliver a quit claim deed conveying the above-described tract to the abutting property owner.5. That the terms and conditions contained in this ordinance shall be binding upon Grantees and assigns.6. That the Grantees shall pay all reasonable costs associated with procedures necessitated by the request to abandon this public right-of-way.INTRODUCED on the 5th day of June, 2012 and finally PASSED, APPROVED ANDADOPTED ON this the 19th day of June, 2012.CITY OF SAN ANGELO, TEXAS ATTEST:by: ______________________________ by: ______________________________ Alvin New, Mayor Alicia Ramirez, City ClerkApproved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
    • City of San AngeloMemo Date: May 15, 2012 To: Mayor and Councilmembers From: Anthony Wilson, Civic Events Manager Subject: Agenda Item for June, 5, 2012, Council Meeting Contact: Anthony Wilson, Civic Events Manager, 234-0014 Caption: Consent Item Consideration of: a. Termination of contract for construction of new livestock building between City of San Angelo and R.M. Ford Construction. b. Authorizing City staff to re-issue a Request for Bids for the construction of a new livestock building at the San Angelo Fairgrounds. The City Council awarded R.M. Ford Construction a contract on March 20, 2012, to build a livestock barn at the San Angelo Fairgrounds for use by the San Angelo Summary: Stock Show and Rodeo Association. R.M. Ford has failed to supply the required performance and payment bonds, which constitutes a terminable default of the contract. As a result, the San Angelo Stock Show and Rodeo Association and City staff recommend terminating the contract with R.M. Ford and rebidding the project. History: Among the projects for which voters approved funding in the 2010 half-cent sales tax election was a livestock barn at the San Angelo Fairgrounds to replace the Qualtrust Barn. The election allocated $1 million for the project. RBR Construction submitted the low bid on the project, but withdrew its bid prior to the contract being awarded. R.M. Ford Construction submitted the second-lowest bid, and on March 20, 2012, was awarded a contract for $1.154 million to build the facility. (The San Angelo Stock Show and Rodeo Association is funding the difference.) R.M. Ford has since been unable to provide the City with performance and payment bonds, as required by the contract. This constitutes a default of the agreement. The SASSRA and City management agree the contract should be terminated. The SASSRA would prefer to re-bid the project to include substantial changes that should reduce the expense to an amount that is closer to the initial cost projection. While the SASSRA realizes this will likely result in the facility not being completed in time for the 2013 San Angelo Stock Show, all agree it represents the fairest approach. All potential contractors will have a chance to re-bid a project whose scope has changed, including R.M. Ford, which by then may find a way to acquire the necessary bonding. If this termination is approved by Council, the SASSRA and City staff would ask that Council authorizes staff to issue a new Request for Bids (RFB) for the project. Financial Impact: SASSRA and City staff expect that by downsizing and rebidding the project, the cost can be reduced to a figure closer to the initial projected cost of $1 million (including abatement and demolition of the Qualtrust Barn). Related Vision Item N/A
    • (if applicable):Other Information/ The SASSRA and staff recommend terminating the contract with R.M. Ford for theRecommendation: construction of the livestock barn. Staff and the SASSRA further recommend issuing a new RFB for the project that reflects the substantial changes architect Gary Donaldson will make to the project to reduce its expense.Attachments: Termination letter Construction contract with R.M. Ford Resolution to terminate contractPresentation: N/APublication: N/AReviewed by Assistant City Manager Rick Weise, 657-4241Director:Approved by Legal: Yes
    • A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXERCISE CITY’S TERMINATION RIGHTS UNDER THE CONTRACT FOR CONSTRUCTION OF NEW LIVESTOCK BUILDING FOR THE SAN ANGELO STOCK SHOW & RODEO ASSOCIATION BETWEEN CITY AND R. M. FORD CONSTRUCTION, INC. AND THEREBY PROVIDE NOTICE OF TERMINATION TO CONTRACTOR AND TAKE OTHER SUCH ACTION AS REQUIRED OR NECESSARY. WHEREAS, City issued RFB No: CE-02-11, for the construction of a newlivestock building for the San Angelo Stock Show & Rodeo Association; and R. M. FordConstruction, Inc.’s bid in response thereto was selected as the most qualified proposalfor the construction; and, WHEREAS, on March 20, 2012, the City Council approved the selection of R. M.Ford Construction, Inc. for a Contract For Construction of New Livestock Building ForThe San Angelo Stock Show & Rodeo, (“Contract”), authorized the negotiation andexecution of the contract, and said contract was executed; and, WHEREAS, R. M. Ford Construction, Inc. has failed to comply with a conditionof the contract in failing to provide bonds as required, which failure constitutes a defaultof the contract; and, WHEREAS, the City has a right to terminate the contract upon the occurrence ofan event of default thereunder and requests authorization from Council to terminate thecontract NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THECITY OF SAN ANGELO, TEXAS THAT: The Interim City Manager or his designee is hereby authorized to effectuatetermination of the contract in accordance with the terms of the contract. PASSED and APPROVED THIS DAY OF , 2012. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMAnthony Wilson, Civic Events Manager Lysia H. Bowling, City Attorney
    • City of San AngeloMemo Date: May 18, 2012 To: Mayor and Councilmembers From: Carl White, Parks & Recreation Director Subject: Agenda Item for June 5, 2012 Council Meeting Contact: Carl White, Parks & Recreation Director – 657-4279 Caption: Regular Agenda Item Consideration of approving a First Amended Agreement between the City of San Angelo and Two Pro Management for management and operation of the Santa Fe Golf Course and authorizing the Mayor and/or Interim City Manager to execute said agreement. Summary: Two Pro Management (Two Pro) and City Staff recommend approval of a First Amended Agreement for management and operation of the Santa Fe Golf Course. Key elements of the existing agreement include: • Two Pro to provide golf course management services for the Santa Fe Municipal Golf Course including: maintenance, operation, marketing, programming and improvements (in cooperation with the City). • 5-year term beginning June 2010, with 1 option to extend for an additional 5 years. • City pays Two Pro a management fee, currently at $75,000/year. • Two Pro to pay to City, at end of each FY, 20% of gross revenues generated which exceeds $135,000. Gross revenues include proceeds from concessions, green fees, tournaments, merchandise, rentals and permanent advertising. Here is the current situation: • Two Pro has attempted to generate revenues for permanent advertising but has not been successful due to code restrictions and the desires of nearby residents to limit visible advertising. Two Pro claims their inability to sell advertising at the course limits their gross revenues by $20,000. • In order to continue the management services agreement, Two Pro has asked for an additional $20,000 of annual City compensation. The proposed First Amended Agreement includes the following changes: • A new term, effective upon approval, ending September 30, 2017 with 1
    • option to extend for an additional 5 years. • Management fee increased to $95,000 annually. • Two Pro payment at the end of the FY = 50% of the gross revenues generated which exceeds $135,000. • Gross revenues include proceeds derived from concessions, green fees, tournaments, merchandise, rentals and other potential revenues. • City reserves the right to provide additional funding for exclusive use of water to preserve the course for the future benefits of its citizens. • All other essential existing terms of the original agreement to stay in effect.History: Council authorized negotiation and execution of the initial agreement on May 18, 2010. The agreement was executed on June 14, 2010. The course was renovated the summer of 2010 and reopened September 2010. The first full year of operation of the course was perhaps the most difficult year for golf courses in recent memory due to the drought and elevated summer temperatures.Financial Impact: The financial impact is an additional $20,000 from the General Fund.Related Vision Item N/A(if applicable):Other Information/ Staff recommends approval.Recommendation:Attachments: Initial Agreement and First Amended Agreement (which includes the Initial Agreement)Presentation: Verbal and PowerPointPublication: N/AReviewed by Rick Weise, Assistant City ManagerDirector:Approved by Legal: May 16, 2012
    • City of San AngeloMemo Date: May 22, 2012 To: Mayor and Councilmembers From: Morgan Trainer, Budget Manager Subject: Agenda Item for June 5, 2012 Council Meeting Contact: Michael Dane, 657-4241 Caption: Regular Item Discussion of rates for residential garbage collection, commercial garbage collection, and landfill gate fees and any action in connection thereto. During the fiscal year 2011-2012 budget preparation process, staff and Council discussed the financial condition of the landfill. As we discussed last year, there Summary: are multiple financial needs at the landfill. They include: • debt service, • post closure fees, • gas disposal, • permit fees, • new cells, and • the negative fund balance. In order to fund these needs at the landfill, it is necessary to discuss residential garbage collection rates, commercial garbage collection rates, and landfill gate fees. Today’s discussion is to remind you of this financial burden and confirm Council’s direction to propose increased rates. History: Discussed budget goals and policy recommendations for the landfill financial condition and rate discussion during budget preparation on July 12, 2011. Financial Impact: None at this time Related Vision Item None (if applicable): Other Information/ None Recommendation: Attachments: None Presentation: None
    • Publication: NoneReviewed by Michael DaneDirector:Approved by Legal: N/A
    • City of San AngeloMemo Date: th May 17 , 2012 To: Mayor and Councilmembers From: James Flores, Code Compliance Manager Subject: Agenda Item for June 5th, 2012 Council Meeting Contact: James Flores /Code Compliance/657-4409 Caption: Regular Item Consideration of a request for support for the Keep San Angelo Beautiful 2012 Great American Cleanup, including but not limited to the waiving of landfill fees Summary: The Keep America Beautiful Great American Cleanup is March 1 through May 31. This is the nation’s largest organized annual community improvement program. The Keep San Angelo Beautiful Board has coordinated similar events in the past with great success (see attached report). Once again, this is an attempt to conduct this successful event with our great community partners, volunteers, and City staff. th The event this year will be held on June 16 , 2012 at the San Angelo Coliseum from 8:00a.m. -1:30p.m. History: Since 2006, Council has authorized $20K for previous Great American Cleanups. This in-kind support has allowed City Staff from operations, street and bridge, Police, and the use of equipment to make this event the success that it is. Along with the in-kind support, KSAB board members are requesting the waiving of landfill fees associated with this great effort. Financial Impact: Not to exceed $20,000.00 in In-Kind Services Related Vision Item (if applicable): Community Appearance Vision - San Angelo will be an attractive community when… • Cleaner neighborhoods, both residential and commercial Other Information/Recommendation: Staff recommends that we provide the assistance needed to accomplish this task. Attachments: None Presentation: James Flores, Code Compliance Manager l Page 1
    • Publication: None.Approved by Area Service Director: Robert Salasl Page 2
    • City of San AngeloMemo Date: May 29, 2012 To: Mayor and Councilmembers From: Ricky Dickson, Director of Operations Subject: Agenda Item for 6-5-12 Council Meeting Contact: Ricky Dickson, Operations, 657-4206 Caption: Regular Consideration of authorizing a pilot program utilizing rollout carts for automated trash collection Summary: Trashaway is proposing a pilot program for automated service for residential trash collection in each single member district. The program will run for three months from July through September. History: Trashaway has had a pilot program in the Bentwood subdivision for several years that has been successful and wants to extend the program in the remaining single member districts to determine if the program would be considered a future collection alternative. Financial Impact: None Other Information/Recommendation: Staff recommends approving the pilot program. Attachments: Sample – Carts, Door Hangers, and Map Presentation: Presentation by Shane Kelton, Assistant Director of Operations and Robert Searls, Municipal Services Manager for Trashaway. Publication: None Reviewed by Service Area Director: Ricky Dickson, Operations, 5-29-12
    • Goodland Ute Zuni Mitchell Sage S id eV Rust Na Gr iew vaj O P ap 208 eC o ree Hig k ± ³ Farm-to-Market Road 2105 hw 2105 ay Oriole State Highway 208 Fruitland Farm 87 Crescent Motl Schwertner Cactus Bluegrass 348 £ Lawndale ¤ Meadow Cauley 277 Covington r Ch in ge ad Mimosa ll bo 50th 50th d Ba ur ne 49th Ol Travis 48th Coliseum 48th £ ¤ Lake 46th 47th & 47th 67 City Limit Fairgrounds 45th Hatchery 44th Pruitt 108 Crockett 43rd 43rd Ransom 42nd O C Fisher Dam Short 358 41st 40th Alamo 40th 39th 39th Ogden £ ¤ Armstrong 87 37th 38th 37th 36th 35th 36th d nd Tr 33r 32 Pruitt ac a Bo tor in e h h Lbj Dwain Morrison31s bl 4t t 30t ul wie m 3 Sa Pa Hu 28th m Su Pa Er th n la u la OC Fisher in 27 26th Fredd B. Marx h ke nn Lake 304 5t 25th 306 Mc Vo Br 2 Gregory Gi Adams II 24th it h ya h 8th ll lne nt 29 t 2 23rd City Limit Sm 22nd Irv nd y Poe 22 21st ing Sta h 20th 106 Blum 0t Go ft Wade t 2 Ricks rdu ra s 18th rd C atalina C 21 We 17th th st City Limit mi on 9th st Br d Culwell Hughes S un 1 th 16 ow dm Magnolia Poe Ch Lil E 124 th Fa h n 13 lie ad As Ak 327 th Houston Harte rr 1th lic 17 Ta bo in 1 th d th Anne £ ¤ Montague GaeFa th k rta oo 19 Vec Archer urn Schroeder h 14 9 N. rm w 15 t Upton 67 n n lt ree ± ³ Poe e R. er Marie o n cho Riv C -to Ki rte rd Pulliam 380 G 0th 8th Ha R. -M Emerick ar a 1 n 3 ke ey nit 107 sto tR R an ua Rive r Dr ou Koberlin ld J H 351 Oak Preusser Fie oa Gil rk Je Stat d d st Pa 4th 2n Harris ell Fore Mo Bure lis ffe 22 Coke es o Cecil Va Johnny d d nna e Lo 88 us Lin ad rso nro E lm Ho i t Rio Concho n Gilbert Jun C 1s rd Fisher ega n Silvas Baze wa Gle e rth ur Wa o op 3 Bird No Bea Con ch Allen rd sh co 434 401 Irene n Wa Dav Ha 06 308 r Baker 144 ing te 146 Bell bs c os Avenue A St Ann s se e h d Pe ton s Riverwood n id W rt alla reela 112 Gu Hill Koenigheim o 435 ll Mercedes N D F oh ig Avenue D rk Con cho River thr k Tw e Oa Pa Blackwood Abe ± ³ Po aylor ie arte Highland o 2288 Townview nH y Liv ch lk n Riverside sto Barr Co T R.R Kenwood Ford d u 402 d is do 736 ± ³ 305 . David Arden oo r Tod rw Har olora Avenue I City Limit P ie o 853 H Ard Avenue K 137 Homestead Madison e Belaire Shafter Monroe en Sh rce 319 C City Limit Evelyn Westo n n Avenue L Pai rlto od nt R Nelson Ave N Cloud Era ± ³ o Ca ock Center k H Patrick Paint Roc FM 2288 388 Chadbourne in Lipan Ro b Sellers La Cruz Melr o se Avenue P Ja ckson Dena Ox stin Tyler fo Avenue R Laura rd Sac Ja n n Iris Au Kearney d d Stratfor Hill oo A an d M toval rw Old Po r he Harvard University ke S st Avenue X W er l oc xe £ Chris ¤ Riv rb w v e Farrow Johnson City Limit Yale Foster Charlotte Farmer ke 114 87 Tr Ft Griffin Dr Millb India n 228 ic 306 o Scherz rook a os Kn al Jac nch lo Vista Julian st Ap pa del Ar tri ks e royo Inw us Co hw on Re ood Ind Co Sou thl a n d Ar Kendall o yo tton d Sou t S. 215 R. 421 r tail t Su s Old Eola R. £ Permian l R oss ¤ re ns 67 Hirschfeld e Fo et Bryant 243 ± ³ iv Petro City Limit e v Roc Loo ut 765 Su ro k Brook p3 ec Cox Dan Hanks any lley G 06 Ch Ex Idaho e r k er ap nc Stone C n Va Southland w v Oa on b it Sun n ie ck el La Out of Ja 378 w v R id Loop 306 set High Point C o llege Hills City Limit Wel ackrab Ymca r bo Hi ge ee r City 306 ll cr cke es G Limits £ t 423 ¤ Kni J ch ± ³ Paul 277 230 Grandview 1223 Valleyvie Alexander w Blumentritt Cedar H ill Scott W al a ln n B Terry Gas Plant 420 u t H il l stov Shahan i Floyd Bucksk Foster en Butterfly Herbert Chri Cit Fic k n sta yL Ray im House gu it b li Au Clu Co lu m i ne Bluff Butler Red Goat Link Out of ve White Ra La Villa b City Limits Be Co Brodnax Fairview School nc Krupola aty Gu hR al Hi ls an l i de n £ ¤ oa t w v Fairview School i C C lu Lim nd 87 d1 St Andrews 306 Pinehurst ty ra quite Ci G Templin Abbott b 22 ry Doral 3 e tch Mes Red Blf Club Ha ntry 241 Cou h im it Fis M i d d l e C o n c ho ity L ail Da C att £ ¤ m C Stokes 277 Cottonse Kings y Fa en South Jo e ek sp rm Fishermans A ar ht -to lim Cr ig 213 a Br -M Ch in g Co S pr Las Lomas ar nc k et ho Schwartz R City Limit Sp o illw Ratliff Hanger ay y Read go Hidal Mikulik Mathis Field it m Airport Li ± ³ ity er 584 C iv ho R S. Conc 225 Mo tl Da Mikulik m Farm-to-Market Road 584 Walling Pecan Voting Precincts District 4 0 3,000 6,000 9,000 12,000 Feet District 1 District 5 Single Member Districts ® Author: COSA GIS Division District 2 District 6 Path: K:smdworkareasmd_dp.mxd District 3 San Angelo, Texas Copyright 1988-2012 Illustrative Purposes Only. Date: 4/24/2012
    • T he City of San Angelo and RepublicServices, (formerly Trashaway), will begin a What can go in the trash cart? The roll-cart is designed to hold a maximumPilot Study for switching from your current weight of 175 lbs. All of your (bagged)personal trash container to roll-carts July 2nd. household trash and (bagged) yard waste canYour area has been selected to participate in be disposed of in your cart. Please bag loosethis Pilot Study. This brochure will help answer items to prevent littering. Since the roll-cartmany of the questions about this Pilot Study. is mechanically emptied the driver never leaves the truck. The cart cannot be emptiedThe current plan is for the Pilot Study to last for if trash is on top of or next to the cart -3 months. After the pilot ends, residents in the EVERYTHING must fit inside the cart with thePilot Study area will be given a survey to help lid closed.answer several key questions about the roll-cart trash collection program. Why do a pilot study? The Pilot Study will provide the opportunity and time necessary for San Angelo to “kickWhat is a pilot study? What do I need to do to participate? the tires” and put the roll-carts to the test.A Pilot Study is a chance for the City and Republic and San Angelo will also have time Participation is easy. A roll-cart has been deliveredRepublic to test how this program could work in to address individual concerns, gauge to your home the for your first collection in June. fthe City of San Angelo. It involves a small group residential satisfaction, and assess the aspects Simply place this roll-cart within 2 feet from the and impacts of citywide implementation of the oof homes and will help the City and Republic back of the curb on your regular trash collectionanswer several key questions: Do people like program. With the number of households in day. Remember to set your cart at the street by rothe carts? Are the carts more convenient and do each area of the study averaging 100 homes, 7 a.m. on your scheduled collection days. Pleasethey have enough capacity? Do the carts cut we are able to evaluate a representative remember to use only the Republic roll-cartsdown on the amount of litter blown around on sample of the entire city. and leave your personal trash containers at the pwindy days? Are there unforeseen problems house. Also, remember to set the roll-cartsthat will need to be addressed in a city wide where they will be accessible from the street, What happens after the pilot study?program? not behind a mailbox, car or other obstruction. Before a decision can be made on extending the roll-cart trash collection service, several weeks to months may go by. During this time,Why was my neighborhood selected? households in the pilot areas should return toIn order for the study to be administered easily, What should I do with my current personal use of their personal trash containers. Roll-we needed a set number of homes to participate. trash container? carts will be picked up and returned toParticipating homes were selected from 5 areas Please keep your current personal trash Republic until the pilot study has been evaluatedof the city to ensure the study would be repre- container until after the pilot program is and a decision on future trash collectionsentative of the entire city. completed and a decision on your future trash service is made. More information about collection program has been made. what to do after the pilot study will be sent out with the Post Study Survey. Participates are encouraged to complete the survey.
    • Will my TRASH collection change?No, you will receive the same twice a week collectionservice on your regularly scheduled collection day. We’re rolling out What if I have more trash than 1 (one) cart will hold? You may call Republic Customer a trash cart Service at 325-481-7700 to request an additional cart for your trash. pilot program in Who do I call for repairs on my cart? your Call Republic Customer Service for your repairs at neighborhood. & 325-481-7700. What should I not put in my cart? Do not put concrete, large amounts of dirt, or heavy answers waste into your cart. Carts are designed to hold a maximum of 175 lbs.. Do not put hot ashes in your cart. PLEASE DO NOT PUT LOOSE ITEMS IN CART. All household trash and yard waste should be bagged before placing in your cart. This will prevent littering during mechanical collection. Do not place If you have any questions about the large items that will prevent cart lid from closing. f EVERYTHING must fit inside the cart with the lid Pilot Study, please contact closed. Republic Services o What if I move before the study is 325-481-7700 ocompleted? If you plan to move before the Pilot Study is rcompleted please call Republic customer service at 325-481-7700 and we will pick up the cart. All carts will remain the pproperty of Republic Services and should not be taken fromthe address where it was delivered. What about household hazardous items? Do not include hazardous items with your household trashsuch as: paint, motor oil, pool chemicals, batteries and tires.Tip: if you open the paint can and let the paint dry out, thepaint can may be thrown away with your regular trash. Where do I place my cart for service?Proper placement is extremely important. On your collectionday, please roll your cart within 2 feet of the curb and 2 feetfrom other objects. (formerly Trashaway) Do NOT place cart next to gas meter, mailbox, vehicle, etc. Cu SAN ANG F E rb PLACEMENT O /R LO E CITY oa ds OF , TEXAS ide 2 FT. /A 2 FT. CART TH lle y (same location where you 2 FT. set out your current trash container)
    • f proo The program is scheduled to last 3 months. Yourroll-cart will be delivered the week of June 25th.Instructions on how to properly use your cart will beattached to your roll-cart when you receive it in June. Your collection day will not change, however thetime of day your collection occurs may vary a little, soplease place your roll-cart at the curb by 7:00 a.m. toensure it is serviced. Due to the new mechanicalmethod of trash collection with the roll-carts, pleasedo not place any other trash containers out forcollection. (ONLY TRASH IN REPUBLIC ROLL-OUTCARTS WILL BE COLLECTED) The flyer attached to your roll-cart will give youspecifics on the program and Pilot Study. If you have any questions about the Pilot Study,please contact: Republic Services: 325-481-7700 ** PLEASE KEEP YOUR CURRENT PERSONAL TRASH CONTAINERS UNTIL THE PILOT PROGRAM IS COMPLETED & YOUR TRASH COLLECTION PROGRAM IS ESTABLISHED** Republic Services may be contacted at 325-481-7700 for missed collections or other problem resolution.
    • F P ROO We’re Rolling out a new Trash Cart Pilot Program in Your Neighborhood. The City of San Angelo and Republic Services (formerlyTrashaway) have teamed up to provide a Pilot Program toneighborhoods in San Angelo that we believe will greatlyenhance the current residential manual trash collectionprogram. Beginning in July, your neighborhood will be participatingin a Pilot Program offered by Republic Services. This program’s success will determine the future of thetrash collection service in San Angelo. The program isdesigned to upgrade your trash service with fixed lidwheeled trash carts. Carts not only provide a unifiedappearance on collection day, they also eliminate blowingtrash, odors, animal scavenging and health concerns.Residents are also saved the hassle and expense ofproviding their own trash containers. The automated cartcollection service is proven to be safer than manualcollection. The cart is emptied mechanically from insideRepublic’s vehicle cab. The driver uses a joy-stick tooperate the automated arm that picks up the cart andempties the garbage into the truck. The cart is set back inplace, and the Republic truck moves on to the next stop. SAN ANG F E O LO E CITY , TEXAS TH
    • City of San AngeloMemo Date: May 31, 2012 To: Mayor and Councilmembers From: Interim City Manager Michael Dane Subject: Agenda Item for June 5, 2012 Council Meeting Contact: Interim City Manager Michael Dane Caption: Regular Item Consideration on future combined city cleanup efforts Summary: Program Statistics: 1) Blitz: 2012 Replaced/repaired siding and painted 48 homes on 4/20/12 & 4/28/12 • $210K from affordable housing funds spent on new siding (rehab program) • Paint donated by Habitat for Humanity • 78 tons of junk and debris collected and disposed of • 398 city employees participated on April 20th • 144 painted • 24 facilitated • 230 cleaned up • 350 community volunteers participated and painted homes on April 28th 2) Once a month free trip to landfill: Implemented in October 2003. Cost 2003 = $93,869 2011 = $140,019 YTD 2012 = $70,484 (6 months) Increased 150% 3) Elderly and citizens with disabilities pickup service: Implemented in 2004 Customers assisted: Cost included in #2 above 4) KSAB/Great American Cleanup: Implemented in 2003 Stats = 5) Household Hazardous Waste event: Conducted in 2004 Received Concho Valley Council of Government Solid Waste Grant for $35,700.00 and collected 45,704 lbs of hazardous waste History: The Council has supported and approved various city cleanup efforts for its
    • citizens for numerous years. The citizens are accustomed to and highly utilized these programs. The cleanup programs has evolved from alley cleanup days to dedicated drop off sites, to hazardous waste drop off, to elderly/disabled special requests, to neighborhood revitalization or Blitz days within targeted areas.Financial Impact: Stated aboveRelated Vision Item Cleaner neighborhoods, both residential and commercial(if applicable):Other Information/ Staff seeks direction from City Council on whether to combine the various efforts.Recommendation:Attachments: NonePresentation: Interim City Manager Michael DanePublication: NoneReviewed by Interim City Manager Michael DaneDirector:Approved by Legal:
    • City of San AngeloMemo Date: June 1, 2012 To: Mayor and Councilmembers From: Brian Dunn, Fire Department Subject: Agenda Item for June 5, 2012 Council Meeting Contact: Brian Dunn, Fire Department, (325) 657-4355 Caption: Regular Agenda Consideration of matters related to the Economic Development Administration (EDA) Grant: a. Consideration of authorizing the San Angelo Fire Department to apply for an Economic Development Administration (EDA) Grant in the amount up to $1.5 million for the construction of a new Fire Training Center located behind 3142 Highway 67 North; b. Consideration of authorizing an equal match of funds to be dedicated from the General Fund reserves in the amount of $1.5 million; c. Consideration of reimbursing said matching funds from the Emergency Medical Services fees; d. Consideration of accepting said EDA Grant award by the City, if approved; and, e. Consideration of authorizing the Interim City Manager to execute all documents related to said grant Summary: The San Angelo Fire department wants to apply for an EDA Grant. This grant is through the Council of Government. The maximum we could receive from the grant would be $1,500,000 with up to a $1,500,000 match from the city. The estimated cost at this time is approximately $2,100,000. The city was looking to have to fund 100 percent of the new facility. If a grant is awarded it would help cover considerable costs associated with the new training center. The funds up front would be covered from General Fund Reserve. The grant allows that it may be amended to issue bonds to cover this cost, but to apply for the grant the matching funds have to be dedicated up front. The idea is to repay the General fund or the bond if issued, through EMS fees. This grant application is a joint effort of the City of San Angelo, Howard College, and the Council of Governments. The city of San Angelo is the applicant for the grant. We are working towards replacement of the fire training center at this time because of the age of the facility and the proximity to the water in-take for the city. If the city receives this grant it would cover a very large portion of the expenses for the new training facility. We are looking to locate the new facility behind the animal shelter on Highway 67. This facility would be able to provide training for firefighters from the Concho Valley. We also hope to develop a duel credit program with Howard college for the area high school students.
    • History: N/AFinancial Impact: Up to $1,500,000Related Vision Item N/A(if applicable):Other Information/ Staff Recommends ApprovalRecommendation:Attachments:Presentation: NonePublication: NoneReviewed by Brian Dunn June 1, 2012Director:Approved by Legal:
    • AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION”, ARTICLE 2.100, ENTITLED “CITY COUNCIL”, SECTION 2.129 ENTITLED “TRAVEL EXPENSES AND REIMBURSEMENTS”, BY AMENDING SUBSECTION (A) REGARDING TRAVEL SETTLEMENTS FOR ANY COUNCILMEMBER, OF THE SAN ANGELO CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the governing body for the City of San Angelo, in compliance with the charterand the state law with reference to ordinance amendments, have given requisite notice andotherwise, and after holding hearings and affording a full and fair hearing to all persons interested,generally, is of the opinion that amendment to the text of the Code of Ordinances for the City of SanAngelo should be made as set out herein;NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: 1) THAT, Chapter 2, Article 2.100, Section 2.129(a) of the Code of Ordinances of the Cityof San Angelo, Texas is hereby amended to read as follows: (a) The purpose of these regulations is to establish the policies and procedures for councilmembers who travel on official city business either in-state or out-of-state. Such travel shall include attendance at conferences, seminars, and training sessions on behalf of the city. The city shall pay reasonable expenses for registration fees, lodging, meals, transportation, and all allowable miscellaneous expenses for the councilmember only. Councilmembers will be reimbursed for their documented travel expenses as well as any documented expenses (except for alcoholic beverages) associated with conducting city business. Councilmembers shall be reimbursed in accordance with the terms contained within the Employee Travel Expense Policy. This policy shall supersede any existing policy. 2) THAT, the following severability clause is adopted with this amendment: SEVERABILITY: That the terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. 3) THAT, this Ordinance shall be effective on, from and after the date of adoption. INTRODUCED on the day of , 2012, and finally PASSED,APPROVED and ADOPTED on this the day of , 2012. CITY OF SAN ANGELOATTEST: BY: Alvin New, MayorAlicia Ramirez, City Clerk
    • Approved As to Content: Approved As to Form:Michael Dane, Interim City Manager Lysia H. Bowling, City Attorney
    • City of San AngeloMemo Date: May 2, 2012 To: Mayor and Councilmembers From: Michael Dane, Interim City Manager Subject: Agenda Item for June 5, 2012 Council Meeting Contact: Michael Dane, 325.657.4241 Caption: Regular Agenda Item First Public Hearing and consideration of introduction of an Ordinance amending Chapter 2, Section 2.129 regarding travel reimbursement for City Council and aligning with the recently approved Employee Expense Policy AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION”, ARTICLE 2.100 “CITY COUNCIL”, SECTION 2.129 ENTITLED “TRAVEL EXPENSES AND REIMBURSEMENTS”, BY AMENDING SUBSECTION (A) REGARDING TRAVEL SETTLEMENTS FOR ANY COUNCILMEMBER, OF THE SAN ANGELO CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE On March 6, 2012, the City Council voted to approve a new Personnel Policy for employees of the City of San Angelo, with the exception of four issues that needed Summary: further vetting due to their financial nature. Of the multitude of policies recently approved within the master document, one addresses the employee Travel Expense Policy (revised in April 2012). Therefore, it is appropriate to revisit and realign the employee’s travel policy with that of the City Council’s. The Code of Ordinance section will reflect the following changes: (a) The purpose of these regulations is to establish the policies and procedures for councilmembers . . . associated with conducting city business. Alternately, councilmembers shall have the option to be reimbursed in accordance with the terms contained within the Employee Travel Expense Policy. This policy shall supersede any existing policy. History: The current Council Travel Expense Policy was adopted in March 2008, and simply reads: Chapter 2 – Code of Ordinance Sec. 2.129 Travel Expenses and Reimbursements (a) The purpose of these regulations is to establish the policies and procedures for councilmembers who travel on official city business either in-state or out-of-state. Such travel shall include attendance at conferences, seminars, and training sessions on behalf of the city. The city shall pay reasonable expenses for registration fees, lodging, meals, transportation, and all allowable miscellaneous expenses for the councilmember only. Councilmembers will be reimbursed for their documented travel expenses as well as any documented expenses (except for alcoholic beverages) associated with conducting city
    • business. Alternately, councilmembers shall have the option to be reimbursed in accordance with the terms contained within the Employee Travel Expense Policy. This policy shall supersede any existing policy. (b) Councilmembers requesting advance travel shall provide a travel settlement for such expenses upon return and no later than five days of return and in accordance with the terms contained within the Employee Travel Expense Policy. Travel settlement forms should document all expenses as required. Councilmembers must return any excess advance monies or request additional payment to cover outstanding expenses at that time. Finance will provide a receipt for any excess monies returned. (c) Any councilmember with two or more outstanding travel settlements may not apply for future advance travel request until such settlements have been submitted and, if required, paid. Confirmation of settlement shall be made by the finance director.Financial Impact: None as a result of this actionRelated Vision Item NA(if applicable):Recommendation: Staff recommends approval of the proposed Council Travel Expense Policy, and therefore, an ordinance revision to enforce.Attachments: Employee Travel Expense Policy, implemented in April 2012, and DRAFT OrdinancePresentation: NonePublication: NAReviewed by NADirector:Approved by Legal: City Attorney Lysia H. Bowling
    • City of San Angelo Employee Travel Expense Policy April 2012 Purpose This policy establishes guidelines for administering and accounting for travel expenses incurred by City of San Angelo employees who travel on authorized City business. Administration Directors, Managers, and all other personnel who travel on City business are responsible for the administration of this policy. IRS Regulations The City travel policy must follow specific rules relating to travel expense. It is designed to meet the IRS requirements for an accountable reimbursement plan. As such, this policy must include the following three rules.1. Expenses must be paid or incurred while performing services as an employee of the City of San Angelo.2. Expenses must be adequately accounted for within a reasonable period of time.3. Excess reimbursement or allowance must be returned within a reasonable period of time. Failure to follow the procedures in this policy violates the rules under IRS’s regulations. This may result in travel expenses and mileage reimbursements being classified as taxable income to the employee. Petty Cash Funds Travel expenses cannot be paid by individual departments out of petty cash funds. Only public safety employees are authorized to receive money for emergency travel out of departmental petty cash. Seminars, conferences, etc. are not considered emergency travel. Travel Advances An employee may obtain a travel advance to assist in his or her payment of expenses expected to be incurred on travel made for the City. No advance will be provided to employees that already have advances that are past due. The advancing of money for travel expenses does not constitute approval for the expenditure of the amount advanced. All expenditures must be authorized items. Travel advances are treated as a debt owed by the employee to the City until an itemized accounting is submitted. Employees are responsible for the repayment of excess advanced money over approved expenditures (i.e. advance equals $100.00, approved expenditures equal $80.00, employee must repay $20.00) If, upon completion of the trip, the traveler owes the City money, payment should be submitted along with the completed Travel Settlement Form to the cash receipts clerk in water billing. A receipt will be provided to document the repayment. Allowable Expenses The City of San Angelo will pay expenses incurred in the course of authorized City travel. Employees shall be entitled to accommodations and services which are reasonable, economical and meet quality standards for convenience, safety, and comfort. Employees are expected to exercise good judgment in distinguishing between comfort and extravagance. The following is intended as a general guide and is not necessarily all-
    • inclusive. Discretion remains with the appropriate manager in approving expenses for unusual circumstances. Travel out of state must be approved in advance by the City Manager’s office. To be reimbursed, reasonable travel expenses must be properly documented, receipted and approved. Each employee is responsible for adhering to this policy when incurring expenditures on behalf of the City. Transportation City Vehicle – Employees are encouraged to use City vehicles for out-of-town travel. Credit cards are available from Purchasing for the purchase of gas, oil, or other routine supplies. These credit cards are available for use with City vehicles only. Receipts must be attached to the Travel Settlement Form. Personal Vehicle – If a City vehicle is not used, the City will reimburse out-of-town travel at the current mileage rate authorized by the IRS. Reimbursement will be based on miles from departure city to destination city plus five percent “in town” driving at the destination city. Mileage amounts can be obtained from the Rand McNally website at www.randmcnally.com. Google Maps at www.maps.google.com will be used for destinations not included on the Rand McNally website.Note: Employees who receive an auto allowance will receive a mileage reimbursement fortrips of 200 miles (round trip) or more only. Commercial Airline – Air travel can be utilized for trips when the cost (including local transportation costs) does not exceed the amount that would be paid for a mileage based reimbursement. Additionally, air travel must have the approval of the City Manager when circumstances place time constraints on the traveler. Only coach accommodations will be allowed. A proper receipt that shows dates of travel, destination city and the method and amount of payment must be submitted with the Travel Settlement Form. An internet reservation printed from a computer is not an adequate receipt of travel expenses. Rental Cars or Taxis – When air travel is used, expenses for rental cars or taxis will be reimbursed if transportation is necessary to conduct City business. Lodging The city will pay for the cost of lodging necessary for out-of-town travel. Luxury/resort accommodations will not be allowed. City employees should request a government rate when making reservations. An exit receipt is required from the motel/hotel and should be attached to the Travel Settlement Form. Meals and Incidental Expenses (M&IE) The IRS defines expenses in this category to include food, beverage, laundry, cleaning and pressing of clothing, and fees and tips for services. Incidental expenses do not include taxicab fares, lodging taxes, or the cost of telegrams or telephone calls.
    • A per diem will be paid for meals and incidental expenses incurred while traveling away from home. Cost of meals and incidentals over the per diem rate will be the responsibility of the employee. The M&IE per diem rate for travel away from San Angelo is $46 per full day of travel. For each partial day of travel, ¾ of the per diem rate is allowed. For example, an out-of-town seminar starts at noon Wednesday and runs to noon Friday: Wednesday’s per diem is $34.50 ($46 x ¾) Thursday’s per diem is $46.00 (full day) Friday’s per diem is $34.50 ($46 x ¾) The City will pay higher per diem rates for IRS approved cities. Accounting maintains a list of cities with their allowable rates. Check this list prior to processing your travel settlement. These rates are subject to change every year in October. Registration The City will pay registration fees for an approved conference, seminar or meeting. If the employee fails to arrange payment prior to the event, they must obtain a receipt in order to be reimbursed for the expense. The receipt should be attached to Travel Settlement Form. Entertainment events such as golf and tennis tournaments priced separately from basic registration are not allowed. Spouses The City will not pay for or reimburse an employee for any travel expenses of his or her spouse, including registration, activity fees, lodging fees, etc. Telecommunications Phone calls and facsimile communications directly related to City business will be reimbursed. Other Expenses Tolls and parking expenses incurred will be reimbursed. Receipts and valid explanation are required. Entertainment expenses and alcoholic beverages are not allowed. Tickets to sports events, concerts, etc. would be considered entertainment and would not be allowed. Accounting Procedures Travel Advance A travel advance is paid to an employee after an approved Travel Payment Request Form is submitted to accounting. Dates of travel, locations and purpose should be noted at that time. A calculation of expected expenses should be noted also. Travel advances may be submitted to accounting up to thirty (30) days prior to the date of travel. Travel advance requests must be submitted to accounting by noon on Friday in order to be available the following Wednesday. Manual checks for travel advances must be authorized by the Finance Director only.Note: If the employee fails to plan travel arrangements without regard to the timeneeded to process the advance, the employee must pay for all expenses out of his/herpocket and then be reimbursed after the travel is completed. Travel Settlement Travel settlements must be submitted within 5 business days after travel is completed. Travel Settlement Forms should document all expenses as required.
    • Travel settlements that include a return of excess advance money should be submitted tothe cashreceipts clerk in water billing. He/she will provide a receipt for excess money returned.AuditThe accounting department will periodically audit travel advances and all travel settlementswill be reviewed.If an employee is contacted by accounting for an outstanding travel advance, he/she mustaccount for or return the advance within 5 business days.
    • City of San AngeloMemo Date: June 1, 2012 To: Mayor and Councilmembers From: Brian Dunn, Fire Department Subject: Agenda Item for June 5, 2012 Council Meeting Contact: Brian Dunn, Fire Department, (325) 657-4355 Caption: Regular Agenda Consideration of matters related to the Economic Development Administration (EDA) Grant: a. Consideration of authorizing the San Angelo Fire Department to apply for an Economic Development Administration (EDA) Grant in the amount up to $1.5 million for the construction of a new Fire Training Center located behind 3142 Highway 67 North; b. Consideration of authorizing an equal match of funds to be dedicated from the General Fund reserves in the amount of $1.5 million; c. Consideration of reimbursing said matching funds from the Emergency Medical Services fees; d. Consideration of accepting said EDA Grant award by the City, if approved; and, e. Consideration of authorizing the Interim City Manager to execute all documents related to said grant Summary: The San Angelo Fire department wants to apply for an EDA Grant. This grant is through the Council of Government. The maximum we could receive from the grant would be $1,500,000 with up to a $1,500,000 match from the city. The estimated cost at this time is approximately $2,100,000. The city was looking to have to fund 100 percent of the new facility. If a grant is awarded it would help cover considerable costs associated with the new training center. The funds up front would be covered from General Fund Reserve. The grant allows that it may be amended to issue bonds to cover this cost, but to apply for the grant the matching funds have to be dedicated up front. The idea is to repay the General fund or the bond if issued, through EMS fees. This grant application is a joint effort of the City of San Angelo, Howard College, and the Council of Governments. The city of San Angelo is the applicant for the grant. We are working towards replacement of the fire training center at this time because of the age of the facility and the proximity to the water in-take for the city. If the city receives this grant it would cover a very large portion of the expenses for the new training facility. We are looking to locate the new facility behind the animal shelter on Highway 67. This facility would be able to provide training for firefighters from the Concho Valley. We also hope to develop a duel credit program with Howard college for the area high school students.
    • History: N/AFinancial Impact: Up to $1,500,000Related Vision Item N/A(if applicable):Other Information/ Staff Recommends ApprovalRecommendation:Attachments:Presentation: NonePublication: NoneReviewed by Brian Dunn June 1, 2012Director:Approved by Legal: