NOTICE OF A PUBLIC MEETING                            AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL                  ...
approval of an adjustment to its Energy Efficiency Cost Recovery Factor, hiring legal and consulting             services ...
which the City of San Angelo seeks to have, locate, stay or expand in San Angelo     G. PUBLIC HEARING AND COMMENT        ...
CITY COUNCIL MINUTE RECORDThe City of San Angelo                                                                          ...
Page 512                                                                                       MinutesVol. 103            ...
Minutes                                                                                                 Page 513June 5, 20...
Page 514                                                                                                 MinutesVol. 103  ...
Minutes                                                                                                  Page 515June 5, 2...
Page 516                                                                                            MinutesVol. 103       ...
Minutes                                                                                              Page 517June 5, 2012 ...
Page 518                                                                                              MinutesVol. 103     ...
City of San AngeloMemo Date:           June 1, 2012 To:             Mayor and Councilmembers From:           Will Wilde, W...
Attachments: Bid TabulationReviewed by Service Area Director: Will Wilde, Water Utilities Director, June 1, 2012.
CITY OF SAN ANGELO                                                                                                        ...
CITY OF SAN ANGELO                                                                                                        ...
City of San AngeloMemo Date:          May 30, 2012 To:            Mayor and Councilmembers From:          Will Wilde, Wate...
City of San                                                            AngeloMemoDate:          May 30, 2012To:           ...
LAKE NASWORTHY RESIDENTIAL LOT LEASE     This lease is made and entered into by and between the CITY OF SANANGELO, a Texas...
For the Years 2017                 Through 2051         Market Value ** Annual rent shall be the appraised market value of...
laying said line or lines as established by and in accordance with city policies then inexistence.3.4    Lessee expressly ...
requirements. No septic tank shall be placed, constructed, or maintained nearerthan 75 feet to the 1,872.2 foot elevation ...
5.2     Lessor, its agents or assigns, reserves the privilege and right at any time toexecute and deliver valid oil, gas a...
7.2    Lessor in no way guarantees the accessibility of water to the leased premises northe level of water in Lake Naswort...
for such length of time as in its sole judgment is necessary for the purpose ofsuppressing or arresting an epidemic of any...
prior written consent of the Lessor. Any such transfer, assignment or sublease shall beevidenced in writing, properly exec...
OTHER REMEDIES13.4 Any termination of this lease shall not relieve Lessee from the payment of anysum or sums that are due ...
VIOLATIONS OF LEASE14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIESTHAT THE VIOLATION OF ANY TERM, STIPULATION...
EXECUTED in duplicate originals on the _____day of _____________________,20___ by:                                       L...
City of San AngeloMemo Date:                 May 31, 2012 To:                   Mayor and Councilmembers From:            ...
Reviewed by          Rick Weise, Assistant City ManagerDirector:Approved by Legal:   May 4, 2012
CITY OF SAN ANGELO, TEXAS                       PARKS & RECRATION DEPARTMENT                  OUT-OF-DOORS PUBLIC ART DISP...
4) The Department reviews the applications for completeness and fields questions as needed   about the program and applica...
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN        ANGELO, TEXAS, APPROVING THE PARKS & RECREATION        DEPARTME...
Parks & Recreation Director   City Attorney
City of San AngeloMemo Date:         June 8, 2012 To:           Mayor and Councilmembers From:         Lysia H. Bowling, C...
Presentation: None.Publication: None.Reviewed by Service Area Director: Lysia H. Bowling, City Attorney, June 8, 2012.
RESOLUTION              RESOLUTION OF THE CITY OF SAN ANGELO              APPROVING COOPERATION WITH THE STEERING         ...
2.      That subject to the right to terminate employment at any time, the City of SanAngelo hereby authorizes the hiring ...
City of San Angelo                                                                       Purchasing DivisionMemo Date:    ...
Page 2 of 2                 NJPA is located in Staples, Minnesota and is available for use by all public and private schoo...
A RESOLUTION BY THE CITY OF SAN ANGELO CITY COUNCIL       AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO       NEGOTIATE ...
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Transcript of "June 19, 2012 Agenda packet"

  1. 1. NOTICE OF A PUBLIC MEETING AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, June 19, 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. 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 June 5, 2012 City Council Regular meeting minutes 2. Consideration of awarding bid WU-07-12 for East Angelo Draw Sewer Line to Price Construction, Ltd. (Big Spring, TX) not to exceed an amount of $2,306,430.00 and authorizing the Interim City Manager to execute said contract and any related documents. 3. Consideration of authorizing the sale of the following residential properties for the appraised value and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements. a. 2666 Kings Road (Cunningham), Lot 51, Group Fishermans Road, $99,716.00 b. 2570 Sleepy Hollow Road (Nobles), Lot 27, Group Fishermans Road, $90,946.00 c. 1607 Turtle Drive (Young), Lot 28, Group Shady Point, $25,034.00 4. Consideration of approving a residential lease renewal at Lot 21, Group Lincoln Park (Daniel), 6402 Lincoln Park Road West, and authorizing the Water Utilities Director to execute the same 5. Consideration of adopting a Resolution approving the Parks & Recreation Department Outdoor Public Art Display Program and authorizing the Parks & Recreation Director to administer the program 6. Consideration of adopting a Resolution affirming the City of San Angelo’s cooperation with the Steering Committee of Cities served by AEP TNC to review AEP Texas North Company’s requestedCity Council Agenda Page 1 of 3 June 19, 2012
  2. 2. approval of an adjustment to its Energy Efficiency Cost Recovery Factor, hiring legal and consulting services to negotiate with the Company and direct any necessary litigation and appeals, finding that the meeting at which this Resolution is passed is open to the Public as required by law, requiring notice of this Resolution to legal counsel 7. Consideration of adopting a Resolution authorizing the City Manager or his designee to negotiate and execute an Interlocal Contract with National Joint Powers Alliance (NJPA) providing for a cooperative purchasing program for goods and services, and designating the City Manager as official representative of the city relating to the contract 8. Consideration of authorizing the notice to proceed to Gajeske, Inc. (RFP WU-02-12, Lake Pumping System) for the pumping of water from the South Pool of Twin Buttes Reservoir to the North Pool 9. Consideration of adopting a Resolution implementing Drought Level II of the City’s Water Conservation And Drought Contingency Plan 10. Consideration of adopting a Resolution authorizing the City Manager or his designee to execute a temporary nonexclusive license agreement for awning with Susan Daniel d/b/a The Black Swan for constructing and maintaining an awning on the east side of 118 South Chadbourne street and such other instruments as may be necessary or convenient for carrying out such purposes; and, finding a public purpose and benefit therein 11. Second Hearing and consideration of adoption 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 12. Second Hearing and consideration of adoption 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 DATEIII. 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 551.072 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 andCity Council Agenda Page 2 of 3 June 19, 2012
  3. 3. which the City of San Angelo seeks to have, locate, stay or expand in San Angelo G. PUBLIC HEARING AND COMMENT 13. First public hearing and introduction of an Ordinance amending Article 8 of the City of San Angelo Code of Ordinances, and adopting Article 8.100 related to prohibiting the parking of vehicles on unimproved surfaces in certain situations and in residential districts AN ORDINANCE AMENDING CHAPTER 8 (OFFENSES AND NUISANCES) BY ADDING A NEW ARTICLE 8.1000 PROHIBITING PARKING OF VEHICLES ON UNIMPROVED SURFACES, IN CERTAIN SITUATIONS AND IN RESIDENTIAL DISTRICTS OF SAN ANGELO; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY AND PROVIDING AN EFFECTIVE DATE (Presentation by Planning Manager AJ Fawver) 14. Public Hearing to allow citizen input on requested projects to be considered for funding with Grant Year 2012 Community Development Block Grant and HOME Investment Partnerships Grant funds from the U.S. Department of Housing and Urban Development and discussion and deliberation on funding allocations for said funds (Presentation by Neighborhood and Family Services Director Robert Salas) 15. Presentation of a proposal from Action Baseball Academy for a lease license agreement to operate a baseball instruction facility within an area of Ben Ficklin Park and authorizing staff to negotiate said agreement (Presentation by Parks and Recreation Director Carl White) 16. Presentation of a proposal for naming rights agreement for the Municipal Pool and authorizing Citywise Marketing, LLC, Agent for the City of San Angelo to negotiate said agreement (Presentation by Parks and Recreation Director Carl White and Citywise Marketing, LLC, Agent Stephen McLaughlin) 17. Consideration of approving adjusted rental rates for the large and north meeting rooms, and kitchen use fees at the McNease Convention Center (Presentation by Civic Events Manager Anthony Wilson) 18. Consideration of approving a new rental rate structure for Pecan Creek Pavilion and designating the resulting increased revenues for capital improvements at the facility (Presentation by Civic Events Manager Anthony Wilson) 19. Discussion and consideration of matters related to the FY 2012-2013 Budget (Presentation by Budget Manager Morgan Trainer) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 20. Consideration of matters discussed in Executive/Session, if needed 21. Announcements and consideration of Future Agenda Items a. Consideration of Cancellation of Regular meeting on July 3, 2012 22. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Wednesday, June 13, 2012, at 5:00 P.M. /x/________________________ Alicia Ramirez, City ClerkCity Council Agenda Page 3 of 3 June 19, 2012
  4. 4. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 511Tuesday, June 5, 2012 Vol. 103 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:14 A.M., Tuesday, June 5, 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, with the exception of Councilmembers Alexander and Adams, thus constituting aquorum. Whereupon, the following business was transacted:An invocation was given by Bishop Michael Pfiefer, OMI, and pledge was led by Megan and Derek Dunn,daughter and son of Fire Chief Brian and Finance Administrative Assistant Becky Dunn.PROCLAMATION“Day of Prayer of Thanksgiving to our God for the Recent Rains", June 10, 2012, to be accepted by BishopMichael D. Pfeifer, OMIPUBLIC COMMENTNo one came forward to comment publicly.CONSENT AGENDAAPPROVAL OF THE MAY 15, 2012 AND MAY 22, 2012 CITY COUNCIL REGULAR AND SPECIALMEETING MINUTES, RESPECTIVELYAWARD OF BID WU-04-12 FOR WATER RECLAMATION POLYMER TO ASHLAND, INC.(COVINGTON, KY) IN THE AMOUNT OF $150,150.00 AND AUTHORIZATION FOR THE INTERIMCITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTSADOPTION OF RESOLUTIONS AUTHORIZING THE MAYOR TO EXECUTE TAX DEEDS FOR THESALE OF TAX LOTS:630 E 35th Street, (Graciano), Lot 15, Block 2, Goren Addition, $1,300, Suit No. B-04-0043-T (ANNEX A,PAGE 519, RESOLUTION #2012-06-069)737 San Jacinto Street, (Espinoza), Lot 9, Block 4, Ben Ficklin Addition #2, $1,300, Suit No. B-07-0042-T(ANNEX B, PAGE 521, RESOLUTION #2012-06-070)2502 Waco Street, (Perales), Lot 12, Block 61, Hatcher Addition, $3,388, Suit No. B-05-0152-T (ANNEXC, PAGE 523, RESOLUTION #2012-06-071)219 W Avenue W, (Rangel), E 60’ of W 604’ of Block 3, Fort Concho Vista Addition, $1,400, B-06-0124-T (ANNEX D, PAGE 525, RESOLUTION #2012-06-072)
  5. 5. Page 512 MinutesVol. 103 June 5, 2012ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TAX DEEDAUTHORIZING SALE OF TAX LOT UNDER THE URBAN REDEVELOPMENT PROGRAMLOCATED AT 601 ANTONIO STREET, (LOGAN ENTERPRISES, INC), LOT 9, BLOCK 4, ARROYAADDITION, URBAN REDEVELOPMENT PROGRAM, SUIT NO. B-07-0118-T (ANNEX E, PAGE 527,RESOLUTION #2012-06-073)APPROVAL OF A RESIDENTIAL LEASE RENEWAL, AT LOT 18, GROUP RED BLUFF, 2810 REDBLUFF ROAD (BENETICH); AND AUTHORIZATION FOR THE WATER UTILITIES DIRECTOR TOEXECUTE THE SAMEADOPTION OF A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER OR HISDESIGNEE TO EXECUTE A TEMPORARY NONEXCLUSIVE SIDEWALK USE LICENSEAGREEMENT WITH BOBBY AND KAREN EGGEMEYER FOR CONSTRUCTING ANDMAINTAINING AN AWNING AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OFSOUTH OAKS STREET WITH EAST CONCHO AVENUE, AND SUCH OTHER INSTRUMENTS ASMAY BE NECESSARY OR CONVENIENT FOR CARRYING OUT SUCH PURPOSES; AND, FINDINGA PUBLIC PURPOSE AND BENEFIT THEREIN (ANNEX F, PAGE 529, RESOLUTION #2012-06-074)ADOPTION OF A RESOLUTION RATIFYING THE TEXAS DEPARTMENT OF STATE HEALTHSERVICES PUBLIC HEALTH EMERGENCY PREPAREDNESS (PHEP) GRANT CONTRACTAMENDMENT TO EXTEND THE CONTRACT END DATE TO ALIGN WITH THE STATE FISCALYEAR, EXTEND THE EQUIPMENT PURCHASE DEADLINE DATE, ADD ADDITIONAL FUNDS INTHE AMOUNT OF $6,501.00, AND REALLOCATE FUNDS TO REFLECT ACTUAL EXPENDITURES(ANNEX G, PAGE 531, RESOLUTION #2012-06-075)SECOND HEARING AND CONSIDERATION OF ADOPTION 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 FORBED AND BREAKFAST APPLICABLE IN ALL ZONING DISTRICTS, AND ADDITIONAL SPECIFICUSE STANDARDS APPLICABLE IN RESIDENTIAL ZONE DISTRICTS; AMENDING ARTICLE 3“USE REGULATIONS”, SECTION 309 “USE TABLE”, BY RESTATING THAT PART OF THE USETABLE DESIGNATED “COMMERCIAL”, “BED & BREAKFAST”, CONSISTENT WITH THEAMENDMENT OF SECTION 406; PROVIDING FOR SEVERABILITY; PROVIDING COMPLIANCEWITH THE TEXAS OPEN MEETINGS ACT; AND, PROVIDING FOR AN EFFECTIVE DATECouncilmember Farmer requested further clarification on the second hearing of the Bed and BreakfastOrdinance. Council concurred.Motion, to approve the Consent Agenda, with the exception of the second hearing of the Bed and BreakfastOrdinance, as presented, was made by and seconded by. Motion carried unanimously.REGULAR AGENDA: PUBLIC HEARING AND COMMENTSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING BED & BREAKFASTREGULATIONS CATALOG (ANNEX H, PAGE 533, ORDINANCE #2012-06-076)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 BEDAND BREAKFAST APPLICABLE IN ALL ZONING DISTRICTS, AND ADDITIONAL SPECIFIC USESTANDARDS APPLICABLE IN RESIDENTIAL ZONE DISTRICTS; AMENDING ARTICLE 3 “USE
  6. 6. Minutes Page 513June 5, 2012 Vol. 103REGULATIONS”, 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.General discussion was held on, type, placement, and size of signage for such establishments. Ms. Fawverclarified the ordinance stipulated and outlined the necessary signage requirements.Motion, to adopt the Ordinance, as presented, was made by Councilmember Farmer and seconded byCouncilmember Hirschfeld. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AUTHORIZINGABANDONMENT OF PUBLIC RIGHT-OF-WAY IN THE MAINTOWN ADDITION, BLOCK 7 INDOWNTOWN SAN ANGELOAN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWINGSTREET 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 20in downtown San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTINGPROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT ANDCONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIMDEED TO THE ABUTTING PROPERTY OWNERSPlanning Manager AJ Fawver presented background information. She reviewed the changes to the ordinancesince publication of the introduction of this ordinance, specifically the location and size of the enclosed fencedarea as recommended by staff.Chief Dunn advised against parking a truck in this limited area, however, he noted the space will allowsufficient room to maneuver staff and equipment.General discussion was held on the misaligned north to south alley. Councilmember Hirschfeld suggested‘shaving off’ a portion of the proposed abandonment, thereby allowing the abandoned area to follow theexisting raised curved on the north side of the alley. Council concurred.Councilmember Farmer questioned the ownership of the property and staff confirmed the ownership.Motion, to introduce the Ordinance, as amended, was made by Councilmember Silvas.Mayor suggested staff provide further clarity on size of the abandonment, confirm the recommended changeswith the proponent, verify the ownership of the property, and present their findings at a future meeting. Councilconcurred. Councilmember Silvas withdrew his motion.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AUTHORIZINGABANDONMENT OF PUBLIC RIGHT-OF-WAY IN COLLEGE HILLS WEST, SECTION 6, BLOCK 4 INSOUTHERN SAN ANGELO,AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWINGSTREET SEGMENT, TO WIT: An approximately 15.64’ x 32’ portion of alley running east to west, parallel toHoneysuckle Lane in the College Hills West Addition, Section 6, Block 4, and immediately south of Lot 24 insouthern San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTYOWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT ANDCONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIMDEED TO THE ABUTTING PROPERTY OWNERSPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.
  7. 7. Page 514 MinutesVol. 103 June 5, 2012General discussion was held on the difference between abandonment and property transfer, utilities locatedwithin the abandonment, responsibility of the private property owner and utilities to agree to move thoseutilities,Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded byMayor New.Public comment was made by proponent’s Realtor David Aycock.A vote was taken on the motion on the floor. AYE: New, Alexander, Morrison, Silvas, Adams, and Hirschfeld.NAY: Farmer. Motion carried 4-1.APPROVAL OF MATTERS RELATED TO THE CONSTRUCTION OF NEW LIVESTOCK BUILDING:ADOPTION OF RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEETO EXERCISE CITY’S TERMINATION RIGHTS UNDER THE CONTRACT FOR CONSTRUCTION OFNEW LIVESTOCK BUILDING FOR THE SAN ANGELO STOCK SHOW & RODEO ASSOCIATIONBETWEEN CITY AND R. M. FORD CONSTRUCTION, INC. AND THEREBY PROVIDE NOTICE OFTERMINATION TO CONTRACTOR AND TAKE OTHER SUCH ACTION AS REQUIRED ORNECESSARY (ANNEX I, PAGE 535, RESOLUTION #2012-06-077)AUTHORIZATION FOR STAFF TO REDEVELOP AND RE-ISSUE A REQUEST FOR BIDS FOR THECONSTRUCTION OF A NEW LIVESTOCK BUILDING AT THE SAN ANGELO FAIRGROUNDSCivic Events Manager Anthony Wilson presented background information.General discussion was held on the bid performance bond,Motion, to adopt the Resolution, as presented, was made by Councilmember Morrison and seconded byCouncilmember Hirschfeld. Motion carried unanimously.Motion, to authorize staff to proceed, as presented, was made by Councilmember Morrison and seconded byCouncilmember Hirschfeld. Motion carried unanimously.RECESSAt 10:15 A.M., Mayor New called a recess.RECONVENEAt 10:33 A.M., Council reconvened, and the following business was transacted:TABLING OF A FIRST AMENDED AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND TWOPRO MANAGEMENT FOR MANAGEMENT AND OPERATION OF THE SANTA FE GOLF COURSEParks and Recreation Director Carl White presented background information. A copy of the presentation is partof the Permanent Supplemental Minute record.General discussion was held on the additional terms to keep the grounds watered, adhering to the restrictionsunder the Water Conservation Plan, funding costs prior to Two Pros management, the golf course as anenterprise fund department and the contractual terms to increase the subsidy by the City, the initial contractnegotiated to establish a diminishing subsidy, benchmarks within the contract, reviewing the contract on anannual basis, the continuous challenge to operate the golf course, the request for a detailed year to date expensesand revenue budget report. Council suggested staff consider and renegotiate the contract language in Section7.1 a, b, c, to possibly reduce the subsidy.In conclusion, Council suggested tabling the item until all information could be provided.
  8. 8. Minutes Page 515June 5, 2012 Vol. 103DISCUSSION AND APPROVAL OF MATTERS RELATED TO THE LANDFILL AND RELATED ITEMS:· DIRECTION TO STAFF REGARDING RATES FOR RESIDENTIAL GARBAGE COLLECTION, COMMERCIAL GARBAGE COLLECTION, AND LANDFILL GATE FEESInterim City Manager Michael Dane presented background information. A copy of the presentation is part ofthe Permanent Supplemental Minute record. He suggested increasing residential and commercial fees in anamount commensurate with the increased fees to the landfill.General discussion was held on the amount of the proposed rate increases and implementing the increases inincrements versus one large increase. Mr. Dane stated further discussions will be held on how to collect andimplement the rates.In conclusion, Council directed staff to present an incremental plan setting the first year at $6.32 and providingphased in rates until the necessary adjusted rates, as presented, are met.· AUTHORIZATION OF A PILOT PROGRAM UTILIZING ROLLOUT CARTS FOR TRASH COLLECTIONRepublic Services Municipal Services Manager Robert Searls, Sr. Area Municipal Services Manager ReidDonaldson, Division Controller Brittany Reichenau, and Area Sales Manager Stephen Mohan. A copy of thepresentation is part of the Permanent Supplemental Minute record.General discussion was held on providing the pilot program within each of the single member districts, programdetails, sample brochures, safety and risk factors, full participation by all residents, the understanding that theprogram must be inline and comply as outline in the Code of Ordinance language, and selecting challengingareas for the service.Motion, to approve the pilot program, as presented, was made by Councilmember Farmer and seconded byCouncilmember Silvas. Motion carried unanimously.· APPROVAL FOR IN-KIND SUPPORT FOR KEEP SAN ANGELO BEAUTIFUL TO PERFORM THE GREAT AMERICAN CLEANUP ON JUNE 16TH, 2012 AT THE SAN ANGELO COLISEUMCode Compliance Manager James Flores presented background information.Motion, to approve the in-kind support, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Silvas. Motion carried unanimously.General discussion was held on the operating hours of the event.· DIRECTION TO STAFF ON FUTURE COMBINED CITY CLEANUP EFFORTSInterim City Manager Michael Dane presented background information. He informed by combining theseefforts, the City could provide and gain better efficiencies, as well as further maximize the per dollar expended.In consensus, Council directed staff to approach the groups and coordinate all the efforts into one large event.RECESSAt 12:05 P.M., Mayor New called a recess.EXECUTIVE/CLOSED SESSIONAt 12:28 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 551.071 to consult with attorney; Section 551.074 (1) to deliberatethe appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer oremployee; Section 551.072 to deliberate the purchase, exchange, lease, or value of real property; and Section
  9. 9. Page 516 MinutesVol. 103 June 5, 2012551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City ofSan Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have,locate, stay or expand in San Angelo.OPEN SESSION (continued)At 1:50 P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:RECESSAt 1:50 P.M., Mayor New called a recess.RECONVENEAt 1:53 P.M., Council reconvened, and the following business was transacted:APPROVAL OF MATTERS RELATED TO THE ECONOMIC DEVELOPMENT ADMINISTRATION(EDA) GRANT:· AUTHORIZATION FOR 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;· AUTHORIZATION FOR AN EQUAL MATCH OF FUNDS TO BE DEDICATED FROM THE GENERAL FUND RESERVES IN THE AMOUNT OF $1.5 MILLION;· AUTHORIZATION FOR REIMBURSEMENT FOR SAID MATCHING FUNDS FROM THE EMERGENCY MEDICAL SERVICES FEES;· ACCEPTANCE OF SAID EDA GRANT AWARD BY THE CITY, IF APPROVED; AND,· AUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO SAID GRANTFire Chief Brian Dunn presented background information.Motion, to authorize the matters related to the EDA Grant, as presented, was made by Councilmember Morrisonand seconded by Councilmember Hirschfeld.General discussion was held on the partnerships to achieve this effort and current fund balance of $6.5M.A vote was taken on the motion on the floor. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 2,SECTION 2.129 REGARDING TRAVEL REIMBURSEMENT FOR CITY COUNCIL AND ALIGNINGWITH THE RECENTLY APPROVED EMPLOYEE EXPENSE POLICYAN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION”, ARTICLE 2.100ENTITLED “CITY COUNCIL”, SECTION 2.129 ENTITLED “TRAVEL EXPENSES ANDREIMBURSEMENTS”, BY AMENDING SUBSECTION (A) REGARDING TRAVEL SETTLEMENTSFOR ANY COUNCILMEMBER, OF THE SAN ANGELO CODE OF ORDINANCES; PROVIDING FORSEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATEInterim City Manager Michael Dane presented background information and advised the ordinance pertains tospecific reimbursement requests not currently covered under the existing policy.Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Morrison.Responding to a question whether the travel settlements would be presented to City Council as an agenda item,
  10. 10. Minutes Page 517June 5, 2012 Vol. 103Mr. Dane confirmed the item would be addressed on a City Council agenda.A vote was taken on the motion on the floor. Motion carried unanimously.FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONAPPROVAL BY CITY COUNCIL TO DIRECT STAFF TO DEVELOP A REQUEST FOR PROPOSAL FORA LEASE OF PROPERTY LOCATED AT 8926 HANGAR ROADMayor New informed the issue was now open for public comment and reminded the public the item underconsideration is to discuss and approve the proposal for a lease of property located at 8926 Hangar Road.Public comments were made by Airport Advisory Board Chairman Charlie Powell, Citizen Dale Bates (Hedistributed a petition dated August 1, 2011 to the Council. A copy of the presentation is part of the PermanentSupplemental Minute record.), Skyline Aviation Owner Dave Gossett, David Barry, Jimmy Bennett, John DavidField (He distributed a letter by former Airport Director Arb Rylant. A copy of the report/presentation is partof the Permanent Supplemental Record.), James Sanders, and Dave Girfer.Mayor New closed the public comment period.Motion, to direct staff to negotiate a new lease with Skyline Aviation, was made by Councilmember Morrisonand seconded by Councilmember Silvas.A vote was taken on the motion on the floor. AYE: New, Alexander, Morrison, Silvas, Adams, and Hirschfeld.NAY: Farmer. Motion carried 4-1.CONSIDERATION OF FUTURE AGENDA ITEMSInterim City Manager Michael Dane distributed the proposed June 19, 2012 Agenda and solicited Councilcomments and suggestions.Councilmember Hirschfeld commented on the need for work sessions in order to discuss, seek, and instruct staffon specific directives and changes as specified by City Council. City Clerk Alicia Ramirez informed a worksession is an approved agenda category under the current Rules of Procedure to conduct City Council Meetings.General discussion was held the session and whether such posed the need for additional meetings.ADJOURNMENTMotion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld.Motion carried unanimously.The meeting adjourned at 3:10 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkAnnexes A-I
  11. 11. Page 518 MinutesVol. 103 June 5, 2012In 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.)
  12. 12. City of San AngeloMemo Date: June 1, 2012 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Agenda Item for June 19, 2012 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 Caption: Consideration of awarding bid WU-07-12 for the East Angelo Draw Sewer Line to Price Construction, Ltd. not to exceed an amount of $2,306,430, authorizing staff to negotiate a contract, and authorizing the Interim City Manager, Water Utilities Director, or Interim City Manager Designee to execute said contract and any related documents. Summary: Bids have been received from 3 contractors for the construction of the East Angelo Draw Sewer Line including rehabilitation of sewer lines in Sulphur Draw from Madison at Algerita to Monroe St. west and Ave. J south. The three contractors are Housley Communications, Inc., Price Construction, Ltd. and Roberts Construction Co. Low bid for the project was submitted by Price Construction, Ltd. in the amount of $2,306,430 and the bid had no exceptions to the specifications. History: East Angelo Draw (1960’s) and Sulphur Draw (1930’s and 1950’s) sewer lines are identified in the Wastewater Master Plan for replacement and expansion based on age, condition and demand growth. Financial Impact: Bid amount $2,306,430 funded by the Wastewater Capital Improvements Program funds. Related Vision Item (if applicable): Capital Improvements Program and Wastewater Master Plan. Other Information/Recommendation: The project will consist of the installation of approximately 9,500 feet of new sewer mains from 6 inch in size to 18 inch; rehabilitation of approximately 3,600 feet of sewer mains using Cured In Place Pipe (CIPP) lining technology, 38 new manholes, 1 fiberglass vault, bypass pumping and all other materials and labor required for a fully new and complete installation. Notice To Proceed is scheduled for July and completion of the Sulphur Draw portion is projected by December of this year. The East Angelo Draw sewer completion date is projected for July 2013. It is recommended the bid be accepted from Price Construction, Ltd. (Big Spring, Texas) and the Interim City Manager, Water Utilities Director or Interim City Manager Designee be authorized to negotiate and execute a contract and any related documents.
  13. 13. Attachments: Bid TabulationReviewed by Service Area Director: Will Wilde, Water Utilities Director, June 1, 2012.
  14. 14. CITY OF SAN ANGELO Bid Tabulaltion RFB NO: WU-07-12/East Angelo Draw Sewer LIne * May 31, 2012 Housley Comm. Inc. Price Const., Ltd. Roberts Constr. Co. V endor Units Est. Extended Item Description Qty Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Price 24” PS 46 PVC PIPE OPEN CUT INCL. 1 40 LF $ 212.94 $ 8,517.60 $ 136.00 $ 5,440.00 $ 357.00 $ 14,280.00 $ - $ - BYPASS PUMP SYSTEM 18" PS 46 PVC PIPE OPEN CUT INCL. 2 BYPASS PUMP SYSTEM (EAST 6,830 LF 167.48 1,143,888.40 123.00 840,090.00 128.50 877,655.00 - 0.00 ANGELO DRAW) 18" PS 46 PVC PIPE OPEN CUT INCL. 3 BYPASS PUMP SYSTEM (SULPHUR 244 LF 167.38 40,840.72 765.00 186,660.00 307.00 74,908.00 - 0.00 DRAW) 35 PVC PIPE OPEN CUT INCL. 12" SDR 4 2,050 LF 147.09 301,534.50 108.00 221,400.00 106.30 217,915.00 - 0.00 BYPASS PUMP SYSTEM 10" SDR 35 PVC PIPE OPEN CUT INCL. 5 40 LF 143.71 5,748.40 103.00 4,120.00 133.00 5,320.00 - 0.00 BYPASS PUMP SYSTEM 8" SDR 35 PVC PIPE OPEN CUT INCL. 6 200 LF 138.09 27,618.00 82.00 16,400.00 89.00 17,800.00 - 0.00 BYPASS PUMP SYSTEM 6" SDR 35 PVC PIPE OPEN CUT INCL. 7 148 LF 135.37 20,034.76 82.00 12,136.00 76.00 11,248.00 - 0.00 BYPASS PUMP SYSTEM CLEAN & CCTV INSPECT 20” GRAVITY 8 583 LF 28.82 16,802.06 12.00 6,996.00 45.00 26,235.00 - 0.00 SEWER MAIN (EAST ANGELO DRAW) 20” CIPP INSTALLATION INCL. BYPASS 9 583 LF 227.25 132,486.75 153.00 89,199.00 130.00 75,790.00 - 0.00 PUMP SYSTEM (EAST ANGELO DRAW) CLEAN & CCTV INSPECT 12” GRAVITY 10 SEWER MAIN (SULPHUR DRAW LINES 1,132 LF 7.25 8,207.00 5.50 6,226.00 32.00 36,224.00 - 0.00 12” CIPP INSTALLATIONO PIPE& O or C 11 1,132 LS 177.25 200,647.00 53.00 59,996.00 79.00 89,428.00 - 0.00 BURSTING INCL. BYPASS PUMP SYS CLEAN & CCTV INSPECT 8” GRAVITY 12 SEWER MAIN (SULPHUR DRAW LINES 596 LF 7.25 4,321.00 5.00 2,980.00 31.00 18,476.00 - 0.00 MH E TO MH F & MH E or CLEAN 8” CIPP INSTALLATION TO PIPE 13 BURSTING INCL. BYPASS PUMP SYS. 596 LF 168.50 100,426.00 41.00 24,436.00 85.00 50,660.00 - 0.00 (S S O CLEAN & CCTV INSPECT 8” GRAVITY 14 SEWER MAIN (SULPHUR DRAW LINE 589 LF 7.25 4,270.25 8.00 4,712.00 31.00 18,259.00 - 0.00 MH I TOINSTALLATION INCL. BYPASS 8” CIPP MH D) 15 PUMP SYSTEM (SULPHUR DRAW LINE 589 LF 168.50 99,246.50 41.00 24,149.00 70.00 41,230.00 - 0.00 MH I TO MH D) INSPECT 6” GRAVITY CLEAN & CCTV 16 SEWER MAIN (SULPHUR DRAW LINES 517 LF 7.25 3,748.25 5.00 2,585.00 31.00 16,027.00 - 0.00 6” CIPP INSTALLATION or PIPE ) O & O 17 BURSTING INCL. BYPASS PUMP 517 LF 168.50 87,114.50 47.00 24,299.00 70.00 36,190.00 - 0.00 SYSTEM (SULPHUR DRAW LINES MH J CLEAN & CCTV INSPECT 6” GRAVITY 18 SEWER MAIN (SULPHUR DRAW LINES 191 LF 7.25 1,384.75 5.00 955.00 33.00 6,303.00 - 0.00 MH I TOINSTALLATION INCL. BYPASS 6” CIPP FIRST BEND SOUTH & MH K 19 PUMP SYSTEM (SULPHUR DRAW 191 LF 214.75 41,017.25 45.00 8,595.00 116.00 22,156.00 - 0.00 RE-ESTABLISH SEWER CONNECTIONS 20 9 EA - - - - 1.00 9.00 - 0.00 FOR PIPE BURSTING ONLYY:12-RFXWater UtilitiesWU0712 E Angelo DrawBid Tab WU0712
  15. 15. CITY OF SAN ANGELO Bid Tabulaltion RFB NO: WU-07-12/East Angelo Draw Sewer LIne * May 31, 2012 (cont) 24" STEEL ENCASEMENT (OPEN CUT 21 380 LF 65.75 24,985.00 61.00 23,180.00 143.00 54,340.00 - 0.00 INSTALLATION) 22 MANHOLES, TYPE A 25 EA 10,555.00 263,875.00 8,910.00 222,750.00 17,000.00 425,000.00 - 0.00 23 MANHOLES, TYPE B 13 EA 4,545.00 59,085.00 5,040.00 65,520.00 9,000.00 117,000.00 - 0.00 24 FIBERGALSS VAULT 1 LS 48,140.00 48,140.00 69,998.00 69,998.00 88,000.00 88,000.00 - 0.00 25 CONCRETE CAP 2,165 LF 30.70 66,465.50 32.00 69,280.00 39.00 84,435.00 - 0.00 26 TRENCH SAFETY 9,552 LF 1.00 9,552.00 1.50 14,328.00 1.00 9,552.00 - 0.00 27 CONTINGENCY 1 LS 1.00 300,000.00 1.00 300,000.00 1.00 300,000.00 - 300,000.00 Total Bid $ 3,019,956.19 $ 2,306,430.00 $ 2,734,440.00 $ 300,000.00 Bid Bond Yes Yes Yes Yes Requests for Bids were mailed to: Benmark Supply Midland TX Morrison Supply San Angelo TX CAS Construction Co. Wimberly TX Reece Albert San Angelo TX Darnell & Dickson San Angelo TX Roberts Construction San Angelo TX Davis Excavation Melissa TX SJ Louis San Antonio TX Don Kelly Construction Arlington Tx Tech Excavation Midland TX HD Supply Waterworks Waco TX Texas Water & Soil San Angelo TX Holloman Utilities Converse TX Texas United Excavators Carrollton TX Housley Communication Inc San Angelo TX US Filter Waco TX Joe Moore Pipeline Abilene TX Utility Contractor of America Wolfforth TX JENCO San Angelo TX Western Industrial Supply Amarillo TX Macias Construction Company San Angelo TX Wright Construction Co., Inc. Grapevine TX MasTec North America, Inc. Dallas TX McGraw-Hill Dodge Reports Hot Springs ARY:12-RFXWater UtilitiesWU0712 E Angelo DrawBid Tab WU0712
  16. 16. City of San AngeloMemo Date: May 30, 2012 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Agenda Item for June 19, 2012 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 Caption: Consent Item Consideration of authorizing the sale of the following residential properties for the appraised value and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements. Summary: Cunningham 2666 Kings Road Lot 51, Group Fishermans Road $99,716 Nobles 2570 Sleepy Hollow Road Lot 27, Group Fishermans Road $90,946 Young 1607 Turtle Drive Lot 28, Group Shady Point $25,034 History: None. Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund. Related Vision Item (if applicable): None. Other Information/Recommendation: If the sale is approved at the appraised value, a title examination will be performed and legal staff will prepare a Real Estate Contract of Sale, Special Warranty Deed and Surrender of Lease, as previously approved by City Council. Staff recommends approval. Attachments: Appraisal Report (Cunningham; Nobles; Young) Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, May 30, 2012.
  17. 17. City of San AngeloMemoDate: May 30, 2012To: Mayor and Council MembersFrom: Will Wilde, Water Utilities DirectorSubject: Consent Item , June 19, 2012 Council MeetingContact: Will Wilde, Water Utilities Director, 657-4209Caption: Consideration of approving a residential lease renewal withTom and Toni A. Daniel at Lot 21, Group Lincoln Park, 6402 Lincoln ParkRoad West; and authorizing the Water Utilities Director to execute the same.Summary: The leaseholder’s current lease expires in 2045 and they wouldlike to execute a new 40 year lease for financing purposes.History: Lease fees are current and there are no issues with the lease onthis tract.Financial Impact: Current lease fees: 2012 $726 2013-2020 $871 2021-2042 Market Value New lease fees: 2012 $842 2013-2020 $871 2021-2051 Market ValueRelated Vision Item: None.Other Information/Recommendation: It is recommended that thelease renewal be approved and the Water Utilities Director be authorized toexecute the lease.Attachments: Residential Lease (Daniel)Presentation: None.Publication: None.Reviewed by Svc. Area Director: Will Wilde, Water Utilities Director,May 3, 2012.
  18. 18. 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 Tom and Toni Daniel (Lessees)whose address is 6402 Lincoln Park Road West, 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 21, Group Lincoln Park West, 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 6402 Lincoln Park Road West). II. TERM, FEES AND RENT FIXED COMMENCEMENT AND TERMINATION DATE2.1 This lease is granted for a period of forty (40) years beginning July 1, 2012 andending June 30, 2052, in consideration of the initial payment of $150.00, which paymentincludes the granting fee, receipt of which payment is hereby acknowledged, and thefurther consideration of Lessees payment of future annual rent in accordance withsubsequent paragraphs hereof and Lessees compliance with the stipulations andconditions 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 July 1 during the term of this lease in accordance with thefollowing schedule: Dates Annual Rent For the Years 2012 Through 2014 $552.00 For the Years 2015 Through 2016 $562.00
  19. 19. For the Years 2017 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 of
  20. 20. laying 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
  21. 21. requirements. No septic tank shall be placed, constructed, or maintained nearerthan 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to anyproperty line. All wastewater facilities shall conform to all of the Citys wastewaterordinances, where applicable. No sewer or drain shall empty into the lake or beconstructed so as to flow or wash into the lake. No concrete storm drains may beconstructed without the prior approval of the Water Utilities Department, ZoningBoard 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 writtenconsent 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 orperformed on leased premises without prior approval of the Water UtilitiesDepartment, 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 ofSan Angelo ("Code"), as such now exists or may hereafter be amendedincluding, but not limited to, those provisions regarding building permits andpermit fees; inspections and fees therefore; building, plumbing, electrical, and firestandards or requirements; and the regulation of septic tanks.j. After any permit is granted, Lessee expressly agrees that all improvements orconstruction work shall be built or performed in strict compliance with the termsof the permit and approval granted, that construction shall commence within six(6) months following the date of the permit, and that all construction shall becompleted within one (1) year of the date of the permit.k. Lessee may request from the Council a variance or deviation from any term orcondition contained herein.l. The Council, prior to granting any extension of an existing lease or a new leasecovering the leased premises shall have the right to review the leased premisesand 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 forcompliance with the above-mentioned provisions of the Code. Failure of theLessee to abide by and comply with said requirements will be grounds toterminate this lease or any extension thereof. RESERVATIONS AND EASEMENTS
  22. 22. 5.2 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, andin 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 WATER
  23. 23. 7.2 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 herein
  24. 24. for 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 ofthe 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 the
  25. 25. prior 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 theCounty 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.
  26. 26. OTHER REMEDIES13.4 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.
  27. 27. VIOLATIONS OF LEASE14.6 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: Tom and Toni Daniel 6402 Lincoln Park Road West San Angelo, Texas 76904 LESSOR: City of San Angelo Attn: Water Utilities Director P.O. Box 1751 San Angelo, Texas 76902
  28. 28. EXECUTED in duplicate originals on the _____day of _____________________,20___ by: LESSEE(S) Tom Daniel Toni DanielSTATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of________________, 20____ by Tom and Toni Daniel. 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
  29. 29. City of San AngeloMemo Date: May 31, 2012 To: Mayor and Councilmembers From: Carl White, Parks & Recreation Director Subject: Agenda Item for June 19, 2012 Council Meeting Contact: Carl White, Parks & Recreation Director, 657-4279 Caption: Consent Agenda Item Consideration of authorizing an Out-of-Doors Public Art Display Program through the Parks & Recreation Department. Summary: The purpose of the Out-of-Doors Public Art Display Program is to provide public access to artwork for educational, informational and cultural purposes. The initial public display locations will be the existing and future pedestals at Sunken Garden Park (Canna Lily garden park on South Abe St.). The proposed program was envisioned by the Public Art Commission. It was discussed at several meetings and the final version of the program was approved at the Public Art Commission meeting on May 31, 2012. The program allows for a simplified and stream-lined process to solicit, accept, consider and approve requests from artists to display their work out-of-doors on public property. This program would be utilized to facilitate the display of art for the new San Angelo Museum of Art’s annual outdoor sculpture art competition. History: There is no Council history on this item. The Council did approval a similar program for the display of art indoors at the meeting on October 19, 2010. Financial Impact: The cost for this program is nominal, having existing staff receive and facilitate applications and coordinate installations and de-installations. Related Vision Item None directly applicable. (if applicable): Other Information/ Staff recommends approval. Recommendation: Attachments: Resolution, Out-of-Doors Public Art Display Application, and Agreement Presentation: N/A Publication: N/A
  30. 30. Reviewed by Rick Weise, Assistant City ManagerDirector:Approved by Legal: May 4, 2012
  31. 31. CITY OF SAN ANGELO, TEXAS PARKS & RECRATION DEPARTMENT OUT-OF-DOORS PUBLIC ART DISPLAY PROGRAMPurpose: The purpose of the Out-of-Doors Art Display Program is to display art on atemporary loan basis thereby providing the public with access to an ever changing public displayof artwork for educational, informational and cultural purposes.Management: The Program shall be managed and administered by the Director of Parks &Recreation. The Director of Parks & Recreation shall establish a simplified and streamlinedprocess to solicit, accept, review, consider and approve requests from artists or owners ofartwork for the loan of art pieces to be temporarily displayed on City owned property orfacilities.Annual Outdoor Sculpture Competition: In addition to other functions of the Program, theProgram may be utilized to facilitate the temporary display of art for the San Angelo Museum ofArt’s annual outdoor sculpture competition.Public Forum: The program is not intended to create a public forum. Artwork submittedfor temporary public display shall be selected and displayed at the sole discretion of the City, onconsideration of the recommendation of the San Angelo Public Art Commission.The Process for Art Selection and Display: The process for art selection and display is: 1) The Parks & Recreation Department (Department), working with the San Angelo Public Art Commission, markets the program through public service announcements and other selected advertising means. 2) The Department supplies artists and owners of artwork with application forms for the submission of artwork to be considered for temporary display by the Department, not to exceed one year. The Department supplies artists and owners of artwork selected for display with necessary contract forms. 3) Artists or owners of art work complete application forms and agreement forms for submission to the Parks and Recreation Department along with the required attachments.
  32. 32. 4) The Department reviews the applications for completeness and fields questions as needed about the program and applications to facilitate submissions.5) The Department selects applications for submission to the San Angelo Public Art Commission for its review and recommendations for temporary display of the proposed artworks and their placement.6) For each art piece selected to be temporarily displayed on City property or facilities, the Department executes a written agreement with the owner or artist setting forth the terms for the temporary display of the artwork. The Department coordinates the placement of the artwork with the applicant pursuant to the terms of the written agreement.7) The artwork is set and later removed by the applicant artist or owner, or agent for the applicant.
  33. 33. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, APPROVING THE PARKS & RECREATION DEPARTMENT OUT-OF-DOORS PUBLIC ART DISPLAY PROGRAM AND AUTHORIZING THE PARKS & RECREATION DIRECTOR TO ADMINISTER THE PROGRAMWHEREAS, the City of San Angelo is favored with artists, galleries, and exceptional public park facilities that would be enhanced with out-of-doors art displays, thereby making art accessible to the public; and,WHEREAS, San Angelo’s art and cultural resources are a major source of community pride, as well as building blocks for every aspect of the City’s development; and,WHEREAS, the City of San Angelo is dedicated to promoting and supporting public access to the City’s arts and cultural resources; and,WHEREAS, the City Council has established the San Angelo Public Art Commission to act as an advisory board to the City Council and City administration on the selection and placement of art on City owned or controlled property; and,WHEREAS, implementation of the Parks & Recreation Department’s proposed Out-of-Doors Public Art Display Program will provide the public with access to an ever changing public display of artwork for educational, informational, and cultural purposes and would serve the best interest of the public:NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANANGELO, TEXAS THAT:The Parks & Recreation Department Out-of-Doors Public Art Display Program is herebyapproved. The Parks and Recreation Director is authorized to administer the program includingthe solicitation and collection of applications for submission of art pieces for public display onCity owned properties and facilities, the submission of art to the San Angelo Public ArtCommission for selection and placement recommendations, the acceptance of art pieces fordisplay and placement of art on City owned properties and facilities, and the authority to executesuch agreements and related documents necessary or convenient to administration of the program.PASSED and APPROVED THIS DAY OF , 2012. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMCarl White, Lysia H. Bowling,
  34. 34. Parks & Recreation Director City Attorney
  35. 35. City of San AngeloMemo Date: June 8, 2012 To: Mayor and Councilmembers From: Lysia H. Bowling, City Attorney Subject: Consent Item for June 19, 2012 Council Meeting Contact: Lysia H. Bowling, City Attorney, 657-4407 Caption: Consent Item Consideration of authorizing the Mayor to sign a Resolution affirming the City of San Angelo’s cooperation with the Steering Committee of Cities served by AEP TNC to review AEP Texas North Company’s requested approval of an adjustment to its Energy Efficiency Cost Recovery Factor, hiring legal and consulting services to negotiate with the Company and direct any necessary litigation and appeals, finding that the meeting at which this Resolution is passed is open to the Public as required by law, requiring notice of this Resolution to legal counsel. Summary: AEP Texas North Company (“TNC” or “Company”) filed an application on or about May 1, 2012 with the Public Utility Commission of Texas (“PUC” or “Commission”), seeking to adjust its 2013 Energy Efficiency Cost Recovery Factor (“EECRF”). Pursuant to Commission rules, TNC is required to annually apply no later than May 1 of every year to adjust its EECRF in order to reflect changes in program costs and bonuses and to minimize any over- or under-collection of energy efficiency costs resulting from the use of the EECRF. The resolution authorizes the City to join with the Steering Committee of Cities Served by AEP TNC (“Steering Committee”) to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue. History: Last year in Docket No. 39361, the Commission authorized TNC to adjust its 2012 EECRF to recover $1,418,751. In this filing, TNC is seeking to adjust its EECRF to collect $1,606,733 for four components: (1) $1,500,471in energy efficiency program costs projected to be incurred in 2013; (2) $96,351 for its 2011 performance bonus; (3) a refund of $59,883 for over-recovery of costs in 2011; and (4) $69,794 representing the estimated evaluation, measurement and verification (“EM&V”) costs projected to be incurred in 2013 as contemplated by PUC Project No. 39674. Financial Impact: Necessary costs associated with pursuing the matter should the costs not be reimbursed by the utility Related Vision Item (if applicable): Financial, Commercial and Industrial Vision is implicated. Other Information/Recommendation: Staff recommends approval. Attachments: Resolution.
  36. 36. Presentation: None.Publication: None.Reviewed by Service Area Director: Lysia H. Bowling, City Attorney, June 8, 2012.
  37. 37. RESOLUTION RESOLUTION OF THE CITY OF SAN ANGELO APPROVING COOPERATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY AEP TNC TO REVIEW AEP TEXAS NORTH COMPANY’S REQUESTED APPROVAL OF AN ADJUSTMENT TO ITS ENERGY EFFICIENCY COST RECOVERY FACTOR; HIRING LEGAL AND CONSULTING SERVICES TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO LEGAL COUNSEL WHEREAS, on or about May 1, 2012, AEP Texas North Company (“TNC” or“Company”), pursuant to the Public Utility Regulatory Act (“PURA”) § 39.905 and PublicUtility Commission of Texas (“Commission” or “PUC”) Substantive Rule § 25.181(f)(4), filedwith the Commission an application for a 2013 Energy Efficiency Cost Recovery Factor(“EECRF”), PUC Docket No. 40358; and WHEREAS, the City of will cooperate with similarly situated city members and othercity participants located within the TNC service area in conducting a review of the Company’sapplication and to hire and direct legal counsel and consultants and to prepare a commonresponse and to negotiate with the Company and direct any necessary litigation; and WHEREAS, working with the Steering Committee of Cities Served by AEP TNC(“Steering Committee”) to review the rates charged by TNC allows members to accomplishmore collectively than each city could do acting alone; and WHEREAS, the Steering Committee has a history of participation in PUC dockets andprojects, as well as court proceedings, affecting transmission and distribution utility rates inTNC’s service area to protect the interests of municipalities and electric customers residingwithin municipal boundaries; and WHEREAS, PURA § 33.023 provides that costs incurred by cities in ratemakingactivities are to be reimbursed by the regulated utility. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANANGELO, TEXAS: 1. That the City is authorized to participate in the Steering Committee in Docket No.40358.
  38. 38. 2. That subject to the right to terminate employment at any time, the City of SanAngelo hereby authorizes the hiring of the law firm of Lloyd Gosselink and consultants tonegotiate with the Company, make recommendations to the City regarding reasonable rates andto direct any necessary administrative proceedings or court litigation associated with an appeal ofthis application filed with the PUC. 3. That the City’s reasonable rate case expenses shall be reimbursed by TNC. 4. That it is hereby officially found and determined that the meeting at which thisResolution is passed is open to the public as required by law and the public notice of the time,place, and purpose of said meeting was given as required. 5. A copy of this Resolution shall be sent to Thomas Brocato, Counsel to theSteering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin,Texas 78767-1725. PASSED AND APPROVED this the __________ day of ____________________, 2012. ____________________________________ Alvin New, MayorATTEST:_____________________________Alicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMMichael Dane, Interim City Manager Lysia H. Bowling, City Attorney
  39. 39. City of San Angelo Purchasing DivisionMemo Date: June 15, 2012 To: Mayor and Councilmembers From: Roger S. Banks, Purchasing Manager Subject: Consent Agenda Item for June 19, 2012, Council Meeting Contact: Roger S. Banks, Purchasing Manager, 657-4220 Caption: Consent Item Consideration of adopting a resolution of the City Council of the City of San Angelo authorizing the City Manager or his designee to negotiate and execute an interlocal agreement with National Joint Powers Alliance (NJPA), and authorizing the City Manager or his designee to make use of the system for approved purchases. Summary: Approval of this resolution and agreement will allow the City of San Angelo to participate in a cooperative purchasing group, National Joint Powers Alliance (NJPA),, with other municipalities, county governments, and school districts. History: The State of Texas Government Code, Section 271 has given municipalities the authority to participate in cooperative purchasing programs to increase the efficiency and effectiveness of local governments by authorizing them to contract, to the greatest possible extent, with one another and with agencies of the state. Furthermore, a local government that purchases goods or services from authorized purchasing co-ops satisfies the state law requiring the local government to seek competitive bids. Staff has verified that NJPA has properly followed the State’s Purchasing laws for formally advertising bids, as well as accepting and awarding bids. Purchasing Co-ops assist local governments, by pooling procurement resources, meeting the needs of the participants through volume purchasing and by reducing the cost and time associated with individual purchasing procedures. The City of San Angelo currently participates in several purchasing co-ops including: • Buyboard.com. • The Cooperative Purchasing Network (TCPN), • Harris County Department of Education/Choice Partners • Houston Galveston Area Council of Governments (HGAC), • The Interlocal Purchasing System (TIPS), • Texas Department of Information Resources (DIR), and • U.S. Communities,
  40. 40. Page 2 of 2 NJPA is located in Staples, Minnesota and is available for use by all public and private schools, colleges, universities, cities, counties, and other government entities in the States of Texas. They offer a wide variety competitive bid services and products to the membership. Financial Impact: There is no membership or purchasing administrative fees associated with membership. Purchasing co-ops are beneficial to the taxpayers through the anticipated savings to be realized through, volume purchasing as well as the time and expenses associated with producing formal competitive bids. Other Information/Recommendation: Staff recommends approval. Attachments: Resolution and Inter-local Agreement. Reviewed by Director: Michael Dane, Finance Directory:purchasing co-opsharris county dept of educationbackground memo-revised.docx
  41. 41. A RESOLUTION BY THE CITY OF SAN ANGELO CITY COUNCIL AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE AN INTERLOCAL CONTRACT WITH NATIONAL JOINT POWERS ALLIANCE (NJPA) PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES, AND DESIGNATING THE CITY MANAGER AS OFFICIAL REPRESENTATIVE OF THE CITY RELATING TO THE CONTRACT WHEREAS, the City Council of the City of San Angelo has been presented a proposedInterlocal Contract for a cooperative purchasing program for goods and services with NationalJoint Powers Alliance, and finds that participation in the cooperative purchasing program is inthe best interests of the City of San Angelo and its citizens; and, WHEREAS, the City of San Angelo, pursuant to the authority granted under SubchapterF of Chapter 271 of the Local Government Code, desires to participate in the describedcooperative purchasing program sponsored by National Joint Powers Alliance;NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANANGELO, SAN ANGELO, TEXAS:Section 1. The City Manager or his designee is hereby authorized to negotiate and execute an Interlocal Contract with National Joint Powers Alliance (NJPA) for participation in a cooperative purchasing program for goods and services.Section 2. The City Manager of the City of San Angelo is hereby designated to be the official representative of the City of San Angelo relating to the authorized Interlocal Contract with National Joint Powers Alliance.Section 3. This resolution shall become effective from and after its passage.PASSED AND APPROVED THIS THE DAY OF 2012. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMRoger Banks, Purchasing Manager Lysia H. Bowling, City Attorney

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