City Council Agenda Page 1 of 6 September 17, 2013
NOTICE OF A PUBLIC MEETING
AN AGENDA OF A REGULAR MEETING OF THE CITY C...
City Council Agenda Page 2 of 6 September 17, 2013
2. Consideration of awarding RFB WU-13-13 Chlorine bid to DPC Industrie...
City Council Agenda Page 3 of 5 September 17, 2013
Addition, Section 2, Block 2, Lot 1 in north-central San Angelo; AUTHOR...
City Council Agenda Page 4 of 5 September 17, 2013
17. Consideration of approving an amendment to Vision Plan component of...
City Council Agenda Page 5 of 5 September 17, 2013
23. Discussion and possible action on matters related to the fiscal yea...
CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 753
Tuesday, September 3, 2013 Vol. 104
OPEN SESSION
BE IT REMEMBER...
Page 754 Minutes
Vol. 104 September 3, 2013
EXTENSION; AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED
DEPOSITORY ...
Minutes Page 755
September 3, 2013 Vol. 104
Public comment was made by Citizen Jim Turner regarding the maintenance and po...
Page 756 Minutes
Vol. 104 September 3, 2013
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z...
Minutes Page 757
September 3, 2013 Vol. 104
FOLLOWING PROPERTY, TO WIT: An unaddressed tract occupying a 24.484 tract exte...
Page 758 Minutes
Vol. 104 September 3, 2013
EXECUTIVE/CLOSED SESSION
At 12:12 P.M., Council convened in Executive Session ...
Minutes Page 759
September 3, 2013 Vol. 104
Due to time constraints, Mayor Morrison suggested approving the budget as pres...
Page 760 Minutes
Vol. 104 September 3, 2013
The Regular City Council meeting on Tuesday, October 15, 2013, will be held at...
P R O C L A M A T I O N
WHEREAS, “Beat the Snyder Tigers” is on lips of all involved in the
Lake View Homecoming football ...
Employee Recognition 
Name:  Darlene Luna 
Accomplishment:  Received State of Texas Procurement Certification Training   0...
Adopted: 5/30/03
Revised: 6/21/10
City of San Angelo
Memo
Date: August 23, 2013
To: Mayor and Councilmembers
From: Ricky D...
CITY OF SAN ANGELO
BID TAB
WU-13-13 Chlorine/August 14, 2013
Description
Est. Qty
Pounds $/Pound Extended $/Pound Extended...
City of San Angelo
Memo
Date: September 5, 2013
To: Mayor and Councilmembers
From: Ricky Dickson, Water Utilities Director...
Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, September 5,
2013.
Reviewed by Office of City ...
1
LAKE NASWORTHY RESIDENTIAL LOT LEASE
This lease is made and entered into by and between the CITY OF SAN ANGELO, a Texas
...
2
* Annual rent shall be the appraised market value of the leased premises multiplied by a factor of 0.08.
Such appraised ...
3
3.5 In the event the Lessor institutes a paving program abutting the leased premises, Lessee shall
pay his pro rata shar...
4
g. No trees may be removed from the leased premises without the prior written consent of the
Water Utilities Director.
h...
5
6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may request Lessor's
written consent (pursuan...
6
to Lessee as prescribed by city ordinance, the Lessor shall cause leased premises to be cleaned, cleared,
and mowed. Les...
7
improvements thereon or any damages incurred in the enjoyment or exercise of the privileges granted
hereunder, or for da...
8
(b) In addition to, and independent of, the provisions of subsection (a), above, should Lessee
violate any provision of ...
9
shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any
other covenant, condi...
10
14.7 The parties hereby agree that Texas law will control the interpretation or enforcement of this
lease. This lease h...
11
EXECUTED in duplicate originals on the _____day of _____________________, 2013 by:
LESSEE:
DAVID CHARLES JONAS and PEGG...
City of San Angelo
Memo
Date: September 5, 2013
To: Mayor and Councilmembers
From: Ricky Dickson, Water Utilities Director...
LAKE NASWORTHY RESIDENTIAL LOT LEASE
This lease is made and entered into by and between the CITY OF SAN ANGELO, a Texas mu...
DELINQUENT PAYMENTS
2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by Lessor after the dat...
IV. RULES AND REGULATIONS
4.1 The rules and regulations provided in those certain ordinances of the City Council of the Ci...
without prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning
Commission and/or Council, ...
covenants and obligations of this lease. The mortgagee under any such deed of trust or mortgage shall have
the right to as...
DAMAGE OR DESTRUCTION
8.2 The parties hereto acknowledge that the leased premises are within an area subject to overflow a...
XI. INDEMNIFICATION
11.1 LESSEE FURTHER AGREES FOR LESSEE AND LESSEE’S SUCCESORS IN INTEREST TO
INDEMNIFY AND HOLD LESSOR,...
TO LESSOR OR LESSOR’S AGENTS OR EMPLOYEES ENTRY ONTO THE LEASEHOLD
PREMISES PURSUANT TO THE PROVSIONS OF THIS LEASE.
(c) A...
XIV. MISCELLANEOUS
RELATIONSHIP OF LESSOR AND LESSEE
14.1 The relationship between Lessor and Lessee at all times shall re...
REIMBURSEMENT OF LESSOR’S EXPENSES
14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited to,...
EXECUTED in duplicate originals on the _____day of _____________________, 2013 by:
LESSEE
Dee Sims
Paula Sims
STATE OF TEX...
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September 17, 2013 Agenda packet

  1. 1. City Council Agenda Page 1 of 6 September 17, 2013 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, September 17, 2013 McNease Convention Center, South Meeting Room 500 Rio Concho Drive San Angelo, TX 76903 THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES. ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK, ROOM 208, 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. every day 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 “Lakeview Homecoming Day, Beat the Snyder Tigers”, Friday, September 27, 2013, to be accepted by Sadie Reddy, Student Cheerleader and Cheerleader Squad D. Recognition Darlene Luna, Property Specialist with the City of San Angelo, for receiving the State of Texas Procurement Certification E. 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. On public hearing items, public input will be received on each item immediately following the Council discussion and prior to any action on the item. Each member of the public should make their remarks from the podium and begin by stating their name. Remarks by each citizen will be limited to three to five minutes, unless waived by a council member for all speaking on that matter. No individual will be allowed to speak more than once on any one subject until every citizen wishing to comment has done so. II. CONSENT AGENDA 1. Consideration of approving the September 3, 2013 City Council Regular meeting minutes
  2. 2. City Council Agenda Page 2 of 6 September 17, 2013 2. Consideration of awarding RFB WU-13-13 Chlorine bid to DPC Industries Inc. (Sweetwater, Tx) in the amount of $69,300.00 for liquid chlorine for use in the Water Treatment Plant (submitted by Water Utilities Director Ricky Dickson) 3. Consideration of approving a new lake lot residential lease for financing purposes with the following lessee and authorizing the Mayor, City Manager, or Water Utilities Director to execute the same (submitted by Water Utilities Director Ricky Dickson) a. Lot 17, Group 9, 1906 South Concho Drive (Sims) b. Lot 20, Group 15, 2378 Fishermans Road (Jonas) 4. Consideration of authorizing the City Manager to execute a concession agreement and all related documents between the City and Avis Car Rental Group, LLC, in substantially the attached form, for a non-exclusive license to operate an automobile rental service at the San Angelo Regional Airport- Mathis Field (submitted by Airport Director Luis Elguezabal) 5. Consideration of authorizing the City Manager to execute a concession agreement and all related documents with Budget Rent A Car System, Inc., in substantially the attached form, for a non- exclusive license to operate an automobile rental service at the San Angelo Regional Airport-Mathis Field (submitted by Airport Director Luis Elguezabal) 6. Consideration of approving the continuation of a City Policy providing for paid time off for City employees who contribute a “care share”, a “double care share”, or greater to the 2013-2014 United Way Campaign (submitted by Internal Auditor Steven Mahaffey) 7. Consideration of authorizing the City Manager to execute an Interlocal Agreement for E9-1-1 Public Safety Answering Point Services with the Concho Valley Council of Governments for the operation of 9-1-1 services in Tom Green County pursuant to the Regional Planning Commission (RPC) strategic plan (submitted by Police Chief Tim Vasquez) 8. Consideration of adopting a Resolution accepting the U.S. Department of Justice FY 2013 Justice Assistance Grant in the sum of twenty-two thousand seven hundred forty-one and no/100 dollars ($22,741.00), and authorizing the City Manager to execute such grant award and related documents as may be necessary or convenient for acceptance of the grant (submitted by Police Chief Tim Vasquez) 9. Consideration of adopting a Resolution authorizing the City Manager to apply to access the Reservation System for 2014-2015 Amy Young Barrier Removal Program Funds and apply on behalf of the San Angelo Housing Support Division for such grant funds; and approving acceptance of grant funds awarded (submitted by Neighborhood and Family Services Director Bob Salas) 10. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo (submitted by Interim Director of Development Services AJ Fawver) Z13-25: Efraim and Lupe Puente AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 801 Fisher Street, located at the northwest corner of the intersection of Townview Lane and Fisher Street. This property specifically occupies the Porter Highland Acres, Block 2, Except N 350' of W 122.9' and S 25' of Lot 30, in western San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 11. Second Hearing and consideration of adopting an Ordinance authorizing abandonment of public right- of-way between Cornick's Addition, Block 2 and immediately north of Lots 8-11 and south of the
  3. 3. City Council Agenda Page 3 of 5 September 17, 2013 Addition, Section 2, Block 2, Lot 1 in north-central 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 adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo (submitted by Interim Director of Development Services AJ Fawver) Z 13-26: Mills Development, Inc. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed tract occupying a 24.484 tract extending northwest from Mills Pass Drive and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the Prestonwood Addition, Section Two, in southwest San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 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 under the following sections: • Section 551.071(2) to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter regarding the West Texas Water Partnership • Section 551.072 to deliberate the purchase, exchange, lease, or value of real property related to 1) proposed Fire Station, 2) Lake Nasworthy area, and 3) West Texas Water Partnership • Section 551.074(1) to deliberate the evaluation of the City Manager G. PUBLIC HEARING AND COMMENT 13. Consideration of authorizing funding and payment for City’s proportionate share of costs incurred for services pursuant to the interlocal agreement between cities of Abilene, Midland and San Angelo, effective April 9, 2011 (West Texas Water Partnership), and consideration of ratifying all actions already taken and payments made pursuant to said interlocal agreement since its effective date, and any action in connection thereto (Requested by Mayor Morrison) 14. Discussion of naturally occurring radioactive material as it relates to the Hickory Groundwater Supply Project (Presentation by Water Utilities Director Ricky Dickson) 15. Discussion and possible action on matters related to the 19th Street Sidewalk Project (Requested by Councilmember Farmer and presentation by Interim City Engineer Tim Wolff) 16. Consideration of approving an amendment to Vision Plan component of the San Angelo Comprehensive Plan update adopted in 2009, specifically properties located within an approximately 1,800 foot radius of the intersection of Armstrong Street and 28th Street in north- central San Angelo (Presentation by Interim Senior Planner Jeff Hintz)
  4. 4. City Council Agenda Page 4 of 5 September 17, 2013 17. Consideration of approving an amendment to Vision Plan component of the San Angelo Comprehensive Plan update adopted in 2009, specifically properties located south from the intersection of Grand Canal Road and US Highway 277, south to the city limit line, and properties located just east of the city limits line, but outside the city limits in southern San Angelo (Presentation by Interim Senior Planner Jeff Hintz) 18. Presentation of the City of San Angelo Development Corporation (COSADC) calendar year 2012 Annual Report and discussion and possible action regarding goals, objectives, and procedures for COSADC (Presentation by Interim Economic Development Director Bob Schneeman) 19. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12 pertaining to Mobile Home Regulations of the Code of Ordinances, City of San Angelo AN ORDINANCE AMENDING CHAPTER 12 “PLANNING & DEVELOPMENT”, ARTICLE 12.500 “MOBILE HOME REGULATIONS”, OF THE SAN ANGELO CODE OF ORDINANCES BY AMENDING THE TITLE OF ARTICLE 12.500 TO READ, “MANUFACTURED HOME AND MOBILE HOME REGULATIONS”; RESTATING SECTION 12.503 “SKIRTING” BY ADDING MANUFACTURED HOMES AND PROVIDING AN EXCEPTION FOR LICENSED DEALERSHIPS AND RETAILERS; AMENDING SECTION 12.504 “TEMPORARY MOBILE HOME INSTALLATION” BY AMENDING THE SECTION TITLE TO “TEMPORARY MANUFACTURED HOME, MOBILE HOME OR BUILDING INSTALLATION”, AND RESTATING SUBPARAGRAPHS (a) AND (c) OF SAID SECTION TO REFERENCE MANUFACTURED HOME; PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE (Presentation by Interim Senior Planner Jeff Hintz) 20. Presentation of and possible action regarding final draft of planning document for Lake Nasworthy subdistrict, as prepared by Gateway Planning (Presentation by Interim Director of Development Services AJ Fawver and Gateway Planning Principal Scott Polikov) 21. Consideration and possible action to amend the 2009 San Angelo Comprehensive Plan, by incorporating the Lake Nasworthy subdistrict planning document, as prepared by Gateway Planning (Presentation by Interim Director of Development Services AJ Fawver) 22. Second Public Hearing and consideration of adopting an Ordinance levying property taxes for the City of San Angelo for the 2013 tax year AN ORDINANCE FIXING AND LEVYING AD VALOREM TAXES FOR THE CURRENT TAX YEAR FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SAN ANGELO, TEXAS, FOR THE 2013-2014 BUDGET YEAR; PROVIDING FOR THE ASSESSMENT AND COLLECTION THEREOF; PROVIDING WHEN THE TAX SHALL BECOME DUE; PROVIDING WHEN THE TAX SHALL BECOME DELINQUENT; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION ON THE CITY OPERATED WEB SITE; AND, PROVIDING FOR AN EFFECTIVE DATE. The property tax rate will be increased by the adoption of a tax rate of 0.776/$100, which is EFFECTIVELY a 4.75% percent increase in the tax rate (Presentation by Morgan Chegwidden, Budget Manager)
  5. 5. City Council Agenda Page 5 of 5 September 17, 2013 23. Discussion and possible action on matters related to the fiscal year 2013-2014 budget to include: a. Development Corporation Funds b. Stormwater Fund c. Wastewater transfers d. General capital projects e. Other items as needed (Presentation by Budget Manager Morgan Chegwidden) 24. Discussion and seeking direction and approval of City Council related to the allocation of the $812,953 contingency funds identified in the proposed FY 2013/14 budget (Presentation by Human Resources Director Lisa Marley) 25. Consideration of approving the FY 2013/14 Employee Holiday Schedule and any action in connection thereto (Presentation by Human Resources Director Lisa Marley) 26. Discussion and seeking direction of City Council related to the watering of City parks, sports fields, Santa Fe Golf Course, and Fairmount Cemetery (Presentation by Operations Director Shane Kelton) 27. Consideration of nominating candidates to serve on and adopting a Resolution nominating candidate(s) eligible for a position on the Board of Directors of the Tom Green County Appraisal District for the 2014 - 2015 term of office (Presentation by City Clerk Alicia Ramirez) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 28. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed 29. Consideration of approving various Board nominations by Council and designated Councilmembers: a. Public Art Commission: Lori Francks (SMD4) to a 1st full term April 2015 b. Zoning Board of Adjustment: Louis Rork (SMD5) to an unexpired term January 2014 30. Consideration of nominating a City Council Member to serve on the Ports-to-Plains Trade Corridor Coalition 31. Announcements and consideration of Future Agenda Items The Regular City Council meeting on Tuesday, October 15, 2013, will be held at 5:30 P.M. 32. Adjournment The City Council reserves the right to consider business out of the posted order, and at any time during the meeting, reserves the right to adjourn into executive session on any of the above posted agenda items which are not listed as executive session items and which qualify to be discussed in closed session under Chapter 551 of the Texas Government Code. Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Friday, September 13, 2013, at 6:00 P.M. /s/________________________ Alicia Ramirez, City Clerk
  6. 6. CITY COUNCIL MINUTE RECORD The City of San Angelo Page 753 Tuesday, September 3, 2013 Vol. 104 OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:08 A.M., Tuesday, September 3, 2013, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit: Mayor, Dwain Morrison Councilmember Rodney Fleming Councilmember Marty Self Councilmember Johnny Silvas Councilmember Don Vardeman Councilmember H.R. Wardlaw Councilmember Charlotte Farmer were present and acting, thus constituting a quorum. Whereupon, the following business was transacted: An invocation was given by Stanley Sweet, Pastor at Sierra Vista United Methodist Church, and pledge was led by Robert Stanley and Bill Murray representing the Texas Veteran for Veterans. PROCLAMATION AND RECOGNITIONS “RSVP Volunteer Recognition Day in the Concho Valley”, September 5, 2013 was accepted by Dolores Schwertner, West Texas RSVP Director. Larry Teague for his 14 years of dedicated service to the City of San Angelo Development Corporation since its inception in 1999. AEP Texas for their generosity and willingness to help create the Police Department’s new S.W.A.T. Obstacle Course, to be accepted by Fred Hernandez, AEP Manager of Community Affairs, Randy Wessels, Line Crew Leader, Mark Koegel, Line Mechanic, and S.W.A.T. Operators William Farris and Chris Chappa. PUBLIC COMMENT No public comments were made. CONSENT AGENDA APPROVAL OF THE AUGUST 13, 2013, AUGUST 20, 2013, AND AUGUST 27, 2013 CITY COUNCIL MEETING MINUTES ADOPTION OF A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE (QUITCLAIM) DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSURE JUDGMENT OR TAX WARRANT: (Page 761, #2013-09-116) 613 W 15th Street, (Owens), Lot 6, Block 5, Mineola Annex, $750, Suit No. B-94-0062-T 520 W 15th Street, (Sullivan), Lot 10, Block 1, Mineola Annex, $2,000, Suit No. B-10-0166-T ADOPTION OF A RESOLUTION OF THE CITY OF SAN ANGELO (“CITY”) AUTHORIZING THE CITY TO AGREE TO AN EXTENSION TO THE DEPOSITORY CONTRACT BETWEEN THE CITY AND FIRST FINANCIAL BANK, N.A. SAN ANGELO (“BANK”) DATED FEBRUARY 1, 2011, SAID EXTENSION BEING FOR A TWO (2) YEAR TERM AS PROVIDED FOR AT THE TERMINATION OF PRIMARY TERM, SO LONG AS BANK IS NOT IN DEFAULT AND BOTH PARTIES AGREE TO THE
  7. 7. Page 754 Minutes Vol. 104 September 3, 2013 EXTENSION; AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED DEPOSITORY CONTRACT (Page 763, #2013-09-117) SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2012-2013 BUDGET FOR NEW PROJECTS AND INCOMPLETE PROJECTS (Page 765, #2013-09-118) AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS, INCOMPLETE PROJECTS, CAPITAL PROJECTS, AND GRANTS SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT 6 (Page 769, #2013-09-119) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 6 FOR THE PURPOSE OF INCORPORATING NEWLY ANNEXED AREAS INTO SAID DISTRICT, PROVIDING FOR PRECLEARANCE AND ALL OTHER NECESSARY ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE Motion, to approve the Consent Agenda, as presented, was made by Councilmember Silvas and seconded by Councilmember Vardeman. Motion carried unanimously. REGULAR AGENDA: PUBLIC HEARING AND COMMENT PRESENTATION OF THE 2ND QUARTER REPORTS FOR THE CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT COUNCIL AND CONVENTION & VISITORS BUREAU (CVB) Vice President for Economic Development John Dugan and CVB Vice President Pamela Miller presented background information. Responding to questions by Councilmember Silvas and Farmer, Ms. Miller clarified the hotel room cost in relation to other city amenities, e.g. food and retail costs. Interim Economic Development Director Bob Schneeman verified the Chamber of Commerce contract was approved by City Council. DENIAL OF A SPECIAL RECREATIONAL LEASE AGREEMENT WITH MK-ALLAN ENTERPRISES, INC., A TEXAS CORPORATION, FOR 9.77 ACRES OF LAND LOCATED ADJACENT TO THE CONCHO RIVER AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME Requested by Councilmember Self, Water Utilities Director Ricky Dickson presented background information. General discussion was held on the properties location in relation to the river front, potential public use, reviewing lease term calculation policy in relation to fair market value, future recreational vehicle use by proponent, and staff’s and the Housing Committee’s presentation regarding the proposed policy for future use. City Manager Daniel Valenzuela informed staff will review and recommend their findings regarding standard fees in October. MK-Allen Operations Manager Mike Walters informed the corporation purchased the property by and plan to develop for future use. Responding to a question by Councilmember Fleming, Mr. Walters stated he could not confirm whether the property would be developed as a recreational vehicle (RV) park. Motion, to deny the Special Recreational Lease Agreement, as presented, was made by Councilmember Farmer and seconded by Councilmember Fleming. Sam Allen, Attorney for the Butlers Farm Homeowners Association, noted the purposed use was for an RV park and since the city had created a group to establish a policy for such future use. On behalf of the adjacent homeowners, he requested postponing further development of the property until the policy has been established and implemented.
  8. 8. Minutes Page 755 September 3, 2013 Vol. 104 Public comment was made by Citizen Jim Turner regarding the maintenance and policing of existing and future parks. _______, Attorney for MK-Allen enterprises, noted such action by City Council would set precedence for future requests and spoke in opposition of the denial. A vote was taken on the motion the floor. AYE: Fleming, Silvas, Wardlaw, and Farmer. NAY: Morrison, Vardeman, and Self. Motion carried 4-3. RECESS At 10:30 A.M., Mayor Morrison called a recess. RECONVENE At 10:39 A.M., Council reconvened, and the following business was transacted: DIRECTION TO STAFF TO DRAFT AN ORDINANCE RELATING TO THE AUTHORIZATION FOR THE OPERATION OF GOLF CARTS ON ALL OR PART OF PUBLIC HIGHWAYS WITHIN THE CITY AS PERMITTED BY LAW, SPECIFIC TO ANGELO STATE UNIVERSITY, GOVERNMENTAL ENTITIES, AND COMMERCIAL ENTITIES Requested by Councilmember Vardeman, Police Chief Tim Vasquez, and Traffic Sergeant Korby Kennedy presented background information. General discussion was held on safety issues with crossing major and minor arterials, specifically Live Oak Street and University Avenue, establishing a permit process through the police department, public safety issues, other commercial entities requesting the same type of use, and the requests submitted specific to Angelo State University (ASU). Joe Munoz, ASU Attorney, informed the university has been cited in the past for operating the carts on the public streets. He noted the carts are mainly used for maintenance purposes with limited use on the public streets, the carts have been configured as street legal, and the employees take a course and are certified to drive the carts. City Manager Daniel Valenzuela noted establishing an ordinance will be specific to the traffic laws and will include specific criteria to assist the Police Department to approve the permit. Chief Vasquez stated he preferred an application process which involved a group of individuals to review and approve. Public comments were made by former Councilmember Paul Alexander, Citizens Janette Story, and Jim Turner. Motion, to draft an ordinance outlining a policy for golf cart use by ASU, UPS, and apartment communities, was made by Councilmember Vardeman and seconded by Councilmember Self. Further discussion was held on other similar type vehicles, e.g. mule type, john deer or gator vehicles. Sergeant Kennedy stated each vehicle has different terms under state law. Responding to a question by Chief Vasquez, Council agreed the ordinance should include minimum vehicle requirements, including operator’s restrictions and the ability to revoke the permit. After further consideration, Councilmember Vardeman withdrew his first and Councilmember Self his second. Motion, to develop an ordinance for the use of golf carts specific to ASU and commercial entities, was made by Councilmember Vardeman and Councilmember Self. Responding to a question by Assistant City Manager Rick Weise, Councilmember Vardeman concurred the ASU reference would include the City as a government entity. A vote was taken on the motion on the floor. Motion carried unanimously. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
  9. 9. Page 756 Minutes Vol. 104 September 3, 2013 EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO Z13-25: Efraim and Lupe Puente AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 801 Fisher Street, located at the northwest corner of the intersection of Townview Lane and Fisher Street. This property specifically occupies the Porter Highland Acres, Block 2, Except N 350' of W 122.9' and S 25' of Lot 30, in western San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Interim Director of Development Services AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Motion, to introduce the Ordinance, as presented, was made by Councilmember Self and seconded by Councilmember Silvas. General discussion was held on limiting further development of the area. A vote was taken on the motion on the floor. Motion carried unanimously. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AUTHORIZING ABANDONMENT OF PUBLIC RIGHT-OF-WAY BETWEEN CORNICK'S ADDITION, BLOCK 2 AND IMMEDIATELY NORTH OF LOTS 8-11 AND SOUTH OF THE BAPTIST MEMORIALS GERIATRIC ADDITION, SECTION 2, BLOCK 2, LOT 1 IN NORTH-CENTRAL SAN ANGELO. AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 20 foot wide x 450 foot long portion of alley running east to west, perpendicular to Holcomb Street located between Cornick's Addition, Block 2 and immediately north of Lots 8-11 and south of the Baptist Memorials Geriatric Addition, Section 2, Block 2, Lot 1 in north-central 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 Interim Director of Development Services AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplemental Record. General discussion was held on the future turnaround placement and the emergency access. Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded by Councilmember Vardeman. Further discussion was held on the taxation of the development and contiguous properties. A vote was taken on the motion on the floor. Motion carried unanimously. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO Z 13-26: Mills Development, Inc. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
  10. 10. Minutes Page 757 September 3, 2013 Vol. 104 FOLLOWING PROPERTY, TO WIT: An unaddressed tract occupying a 24.484 tract extending northwest from Mills Pass Drive and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the Prestonwood Addition, Section Two, in southwest San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Interim Director of Development Services AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Motion, to introduce the Ordinance, as presented, was made by Councilmember Farmer and seconded by Councilmember Fleming. Motion carried unanimously. DIRECTION TO STAFF TO AMEND THE ORDINANCE REGARDING THE USE OF A PORTABLE SIGN LIMIT AND RELATED NUMBER OF DAYS IN THE CODE OF ORDINANCES, CHAPTER 12, SECTION 12.606 PORTABLE SIGNS(1)(I) Requested by Councilmember Fleming, he noted the ordinance reads the allowable use is for 90 consecutive days and suggested increasing the allowable days to 180 days within a year period and not necessarily consecutive days. He also suggested the permit fee be set at $25 for every 30 days. Interim Director of Development Services AJ Fawver and Building Official Al Torres provided information pertaining to the department responsible for the compliance and enforcement of the permit. Motion, to direct staff to amend the ordinance from 90 consecutive days to 180 days per year or consecutive, was made by Councilmember Fleming and seconded by Mayor Morrison. City Manager Daniel Valenzuela informed staff will also review and consider the permit rate as part of their full fee structure review. General discussion was held on the enforcement of the permit, developing a system to oversee the permit process, which department will be responsible for the permit process, and the definition of a portable sign. A vote was taken on the motion on the floor. AYE: Morrison, Fleming, Self, Silvas, and Vardeman. NAY: Wardlaw, and Farmer. Motion carried 5-2. AUTHORIZATION OF ROLLOVER OF FUNDS FROM AMBULANCE REVENUES IN THE AMOUNT EXCEEDING $2,430,000.00 (ORIGINAL BUDGET) FROM THE FY 2012-13 TO FY 2013-14 GENERAL FUND, FUND BALANCE FOR THE PURCHASE OF DATA SYSTEM SOFTWARE INCLUDING RELATED HARDWARE AND A FIRE TRUCK INCLUDING RELATED EQUIPMENT Fire Chief Brian Dunn presented background information. Assistant City Manager Rick Weise stated this does not affect the coming year budget and would take the previous software request off the department’s request list. He further stated this is a onetime expense. Responding to a question from Councilmember Vardeman, Chief Dunn informed the system will include the Fire and Fire Marshal departments. Motion, to authorize the rollover of funds, as presented, was made by Councilmember Vardeman and seconded by Councilmember Self. Motion carried unanimously. Assistant City Manager/Chief Financial Officer Michael Dane stated staff will present this action as part of a future budget amendment. RECESS At 11:48 A.M., Mayor Morrison called a recess. RECONVENE At 12:12 P.M., Council reconvened, and the following business was transacted:
  11. 11. Page 758 Minutes Vol. 104 September 3, 2013 EXECUTIVE/CLOSED SESSION At 12:12 P.M., Council convened in 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(2) to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter regarding West Texas Water Partnership; Section 551.072 to deliberate the purchase, exchange, lease, or value of real property at 1) Lake Nasworthy Lease Lots, 2) Red Arroyo Hills Addition, and 3) West Texas Water Partnership; and, Section 551.074(a)(1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. RECESS At 2:20 P.M., Mayor New called a recess. RECONVENE At 2:27 P.M., Council reconvened, and the following business was transacted: DISCUSSION AND CONSIDERATION OF MATTERS RELATED TO THE FISCAL YEAR 2013-2014 BUDGET INCLUDING: SECOND PUBLIC HEARING OF A PROPOSED PROPERTY TAX LEVY FOR THE CITY OF SAN ANGELO FOR THE 2013 TAX YEAR; SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE OF THE CITY OF SAN ANGELO APPROVING AND ADOPTING THE FY 2014 BUDGET AND RELATED MATTERS(Page , #2013-09- 120) AN ORDINANCE OF THE CITY OF SAN ANGELO APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014; ADOPTING EMPLOYEE COMPENSATION SCHEDULES; PROVIDING FOR THE GENERAL APPROPRIATION OF FUNDS; RESERVING UNTO THE CITY COUNCIL THE AUTHORITY TO TRANSFER APPROPRIATIONS BUDGETED; RATIFYING TRANSFERS OF APPROPRIATIONS OCCURRING IN THE 2012-2013 FISCAL YEAR AND AMENDING THAT BUDGET ORDINANCE ACCORDINGLY; RESERVING UNTO THE CITY COUNCIL THE POWER, ONLY AS PERMITTED BY LAW, TO AMEND OR MAKE CHANGES IN THE BUDGET FOR MUNICIPAL PURPOSES; PROVIDING AUTHORITY FOR THE CITY MANAGER OR HIS DESIGNEE TO MAKE CERTAIN ADJUSTMENTS FROM TIME TO TIME IN OR BETWEEN BUDGETED ALLOCATIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR CERTAIN GRANTS AND EXECUTE ANY RELATED DOCUMENTS; AND, PROVIDING FOR FILING OF THE BUDGET THIS BUDGET WILL RAISE MORE TOTAL PROPERTY TAXES THAN LAST YEAR’S BUDGET BY $526,345 (1.86%), AND OF THAT AMOUNT, $328,722 IS TAX REVENUE TO BE RAISED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR Budget Manager Morgan Chegwidden presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Mayor Morrison opened the floor to hear public comment. No public comments were made. Mayor closed the public comment period. General discussion was held on the cemetery improvements which would be considered during Capital Improvement discussion, Development Corporation budget, the ½ sales tax designations and appropriations, and creating perpetual funds for perpetual projects, e.g. parks, cemetery, etc. Councilmember Vardeman suggested Council discuss and review the ½ sales tax appropriations at a future meeting.
  12. 12. Minutes Page 759 September 3, 2013 Vol. 104 Due to time constraints, Mayor Morrison suggested approving the budget as presented, with the understanding any recommended changes to the budget will be presented and approved as an amendment. Motion, to adopt the Ordinance, as presented, was made by Councilmember Silvas and seconded by Mayor Morrison. Assistant City Manager Rick Weise reminded Council the additional water request for the sports complex has not been addressed in this budget. Council stated such changes will be addressed at a future meeting. Councilmember Wardlaw suggested the amendments should be addressed at the next meeting. With respect for water at the cemetery and parks, he suggested finding monies to support these departments and exempt the department’s allocations from the budget process. However, he suggested staff should continue to include the sports complex. City Council suggested staff distribute the pay plan classification presentation in the Friday Packet. A vote was taken on the motion on the floor. Motion carried unanimously. Further discussion was held on the Capital Improvement Plan projects, specifically the Fairmount Cemetery columbaria Phase I project. Motion, to amend the budget to include $316K of Capital Improvement Plan funds to finance the columbaria at Fairmount Cemetery, was made by Councilmember Wardlaw and seconded by Councilmember Farmer. Motion carried unanimously. FIRST PUBLIC HEARING AND ADOPTION OF AN ORDINANCE LEVYING PROPERTY TAXES FOR THE CITY OF SAN ANGELO FOR THE 2013 TAX YEAR: AN ORDINANCE FIXING AND LEVYING AD VALOREM TAXES FOR THE CURRENT TAX YEAR FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SAN ANGELO, TEXAS, FOR THE 2013-2014 BUDGET YEAR; PROVIDING FOR THE ASSESSMENT AND COLLECTION THEREOF; PROVIDING WHEN THE TAX SHALL BECOME DUE; PROVIDING WHEN THE TAX SHALL BECOME DELINQUENT; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION ON THE CITY OPERATED WEB SITE; AND, PROVIDING FOR AN EFFECTIVE DATE THE PROPERTY TAX RATE WILL BE INCREASED BY THE ADOPTION OF A TAX RATE OF 0.776/$100, WHICH IS EFFECTIVELY A 4.75% PERCENT INCREASE IN THE TAX RATE Budget Manager Morgan Chegwidden presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Motion, to set the ad valorum property tax rate at 0.776/per $100 valuation for the FY 2013-2014, as presented, was made by Councilmember Farmer and seconded by Councilmember Vardeman. Motion carried unanimously. FOLLOW UP AND ADMINISTRATIVE ISSUES CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION No action was taken on matters discussed in Executive/Closed Session. APPROVAL OF A BOARD NOMINATION BY COUNCIL AND DESIGNATED COUNCILMEMBERS: Design & Historic Review Commission: Ashley Young Turner (SMD3) to an unexpired term September 2014 Planning Commission: John Young (SMD3) to an unexpired term January 2015 Motion, to approve the board nominations by Council and designated Councilmembers, was made by Councilmember Silvas and seconded by Councilmember Self. Motion carried unanimously. ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS
  13. 13. Page 760 Minutes Vol. 104 September 3, 2013 The Regular City Council meeting on Tuesday, October 15, 2013, will be held at 5:30 P.M. City Manager Daniel Valenzuela distributed the proposed September 17, 2013 Agenda and solicited Council comments and suggestions. Councilmember Farmer suggested creating a committee to work with Human Resources Director Lisa Marley on employee evaluation process, including the meet/exceeds performance categories. Committee should consist of City Manager Daniel Valenzuela and Councilmembers Vardeman and Farmer. Councilmember Self requested a review of all leases for recreational purposes. Councilmember Wardlaw and Mayor Morrison requested a discussion item and possible action on removing the wastewater Payment in Lieu of Taxes (PILOT) fee. Councilmember Vardeman requested a review of the ½ sales tax appropriations. RECESS At 3:05 P.M., Mayor Morrison called a recess. RECONVENE At 3:07 P.M., Council reconvened, and the following business was transacted: EXECUTIVE SESSION At 3:07 P.M., Council convened in 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(a)(1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. RECESS At 4:05 P.M., Mayor Morrison called a recess. RECONVENE At 4:07 P.M., Council reconvened, with the exception of Councilmember Farmer, and the following business was transacted: ADJOURNMENT Motion, to adjourn, was made by Councilmember Self and seconded by Councilmember Silvas. Motion carried unanimously. The meeting adjourned at 4:09 P.M. THE CITY OF SAN ANGELO ___________________________________ Dwain Morrison, Mayor ATTEST: _______________________________ Alicia Ramirez, City Clerk In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording may be distorted due to equipment malfunction or other uncontrollable factors.)
  14. 14. P R O C L A M A T I O N WHEREAS, “Beat the Snyder Tigers” is on lips of all involved in the Lake View Homecoming football game; and WHEREAS, “Beat the Snyder Tigers” will be shouted even louder as the September 27th Homecoming gets closer; and WHEREAS, “Beat the Snyder Tigers” will take the Big Blue onto the football field as Head Coach Doug Kuhlmann leads the Chiefs to an anticipated, resounding victory. NOW, THEREFORE, I, Dwain Morrison, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim Friday, September 27, 2013 as “LAKE VIEW HIGH SCHOOL HOMECOMING . . . BEAT THE SNYDER TIGERS” DAY in support of the hardworking Lake View High School students and football team and all their strong and dedicated fans. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 27th day of September, 2013. THE CITY OF SAN ANGELO ___________________________ DWAIN MORRISON, MAYOR
  15. 15. Employee Recognition  Name:  Darlene Luna  Accomplishment:  Received State of Texas Procurement Certification Training   08/01/13    The City of San Angelo Purchasing Division believes that all procurement professionals should have all of  the tools necessary to perform tasks that will result in best value contracts and acquisitions for the City.  Obtaining State of Texas procurement certifications demonstrates that our Purchasing personnel have  knowledge of the Texas Public Purchasing requirements, state and local procurement laws, ethical  standards, and various methods of procurement processes available to ensure that purchases of  materials, equipment, services, will result in best value, high quality contracts.  Proactive  knowledgeable  Purchasers  maximize  the  value  of  public  funds  by  assisting  all  City  departments in the procurement of goods and services that in turn provide quality services to our  taxpayers.  Furthermore, certification ensures that our Purchasing personnel understand that purchasing must  be accomplished utilizing the highest ethical standards in their promotion of fair and open bidding  competition.     
  16. 16. Adopted: 5/30/03 Revised: 6/21/10 City of San Angelo Memo Date: August 23, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Agenda Item for September 17, 2013 Council Meeting Contact: Ricky Dickson; 657-4209 Caption: Consent Item Consideration of awarding RFB WU-13-13 Chlorine bid to DPC Industries Inc. (Sweetwater, Tx) in the amount of $69,300.00 for liquid chlorine for use in the Water Treatment Plant. Summary: Bids have been received from 2 suppliers for the purchase of liquid chlorine for use at the water treatment plant. The low bid was submitted by DPC Industries, Inc. of Sweetwater, Texas. History: Liquid chlorine and ammonia are used to disinfect drinking water at the city’s water treatment plant. When combined, these chemicals are used to provide both the initial disinfection of the water and residual disinfection throughout the distribution system. Financial Impact: Total estimated annual expenditure of $69,300.00. Budgeted within the Water Treatment Plant Operating Budget. Related Vision Item (if applicable): na Other Information/ Recommendation: Staff recommends the bids be accepted and the City Manager be authorized to execute the contract documents. Attachments: Bid Tabulation Presentation: None. Publication: None. Reviewed by Director: Ricky Dickson, Water Utilities Director; 657-4209 Approved by Legal:
  17. 17. CITY OF SAN ANGELO BID TAB WU-13-13 Chlorine/August 14, 2013 Description Est. Qty Pounds $/Pound Extended $/Pound Extended Chlorine 200,000 lbs (100 tons) 0.3600$ 72,000.00$ 0.3465$ 69,300.00$ Requests for Bids were mailed to: Altivia Corp. Houston, TX Brenntag Southwest Houston, TX DPC Industries Inc. Sweetwater, TX Environmental Chemical Corp San Antonio, TX Gulbrandsen Technologies, Inc. Clinton, NJ Harcros Chemical. Inc. Dallas, TX Hydro Plus Abilene, TX Kemira Water Solutions, Inc Lawrence, KS Brenntag 3 DPC INDUSTRIES, Inc 3Delivery Days C:Documents and SettingsKevin.KruegerLocal SettingsTemporary Internet FilesContent.OutlookZEXODQWZBID TAB-Final
  18. 18. City of San Angelo Memo Date: September 5, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Consent Item for September 17, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: Consideration of approving a new lake lot residential lease with the following Lessee and authorizing the Mayor, City Manager, or Water Utilities Director to execute the same: David Jonas and Peggy Jonas, Lot 20, Group 15, Lake Nasworthy Subdivision 2378 Fishermans Road Summary: Lessee requests a new 40 year lease necessary for financing purposes. Per Section 6.100(3)(B) Rent Escalation When New Lease is Required Before Termination, annual rent will be adjusted based on the number of years remaining on the term of the current lease or until December 31, 2016, whichever is later. The term of the current lease ends April 30, 2036 at which time the annual rent will be adjusted to appraised market value of land multiplied by a factor of 0.08. History: Lessee is in good standing as to all lease obligations. Financial Impact: Current Lease expires: April 30, 2036 Current Yearly Lease Fee 2014-2015 $571.00 2016-2025 $685.00 2026-2035 $822.00 New Lease expires: April 30, 2053 New Lease Fees: 2014-2015 $701.00 2016-2025 $841.00 2026-2035 $1,009.00 2036-2052 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 (David Jonas and Peggy Jonas) Presentation: None. Publication: None.
  19. 19. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, September 5, 2013. Reviewed by Office of City Attorney: Lysia H. Bowling, City Attorney, September 5, 2013
  20. 20. 1 LAKE NASWORTHY RESIDENTIAL LOT LEASE This lease is made and entered into by and between the CITY OF SAN ANGELO, a Texas municipal corporation, ("Lessor"), whose address is 72 W. College Avenue, San Angelo, Tom Green County, Texas 76903, and DAVID CHARLES JONAS and PEGGY JEAN JONAS, husband and wife, whose address is 2378 Fishermans Road, San Angelo, Tom Green County, Texas 76904 ("Lessee"). I. DEMISE OF LEASED PREMISES 1.1 In consideration of the mutual covenants, conditions and agreements set forth in this lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases from Lessor, the following described real property (hereinafter called "leased premises") situated in San Angelo, Tom Green County, Texas: Surface Estate only in and to Lot Twenty (20), Block One (1), Group Fifteen (15), Lake Nasworthy Addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat of said addition of record in Plat Cabinet “F” at Slide #43 of the Records of Tom Green County, Texas (also commonly known as 2378 Fishermans Road). II. TERM, FEES AND RENT FIXED COMMENCEMENT AND TERMINATION DATE 2.1 This lease is granted for a period of forty (40) years having an effective date beginning September 1, 2013 and ending April 30, 2053, in consideration of the initial payment of $150.00, which payment includes the granting fee, receipt of which payment is hereby acknowledged, and the further consideration of Lessee's payment of future annual rent in accordance with subsequent paragraphs hereof and Lessee's compliance with the stipulations and conditions hereinafter set forth. TIME AND MANNER OF PAYMENT 2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Billing Department, 122 W. 1st Street, San Angelo, Texas, 76903, or at such other place as Lessor may from time to time designate by written notice to Lessee. Such rent shall be paid annually on or before May 1 of each year during the term of this lease in accordance with the following schedule: Dates Annual Rent For the Years 2014 Through 2015 $701.00 For the Years 2016 For the Years 2026 For the Years 2036 Through 2025 Through 2035 Through 2052 $841.00 $1,009.00 Market Value *
  21. 21. 2 * Annual rent shall be the appraised market value of the leased premises multiplied by a factor of 0.08. Such appraised market value shall be determined and adjusted in accordance with applicable City ordinances in effect at the time of execution of this lease. DELINQUENT PAYMENTS 2.3 Lessee shall pay to Lessor a late charge and any applicable interest for any rent received by Lessor 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 construed as a waiver of the right of Lessor to terminate this lease at its option as authorized herein. HOLD OVER 2.4 Any holding over by Lessee of the herein leased premises after the expiration of this lease shall operate and be construed only as a tenancy from month to month, under the terms and conditions of this Lease, terminable at the will of Lessor. III. DEBTS RELATED TO LEASED PREMISES UTILITIES 3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such charges may be deemed a default at the option of Lessor. TAXES 3.2 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 during the term of this lease may be levied on or assessed against the leased premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Leaser to which either of them may become liable. Lessee shall pay all such taxes, charges, and assessments to the public officer charged with the collection thereof not less than fifteen (15) days before the same shall become delinquent, and Lessee agrees to indemnify and save harmless Lessor from all such taxes, charges and assessments. Failure to pay such taxes and special assessments as provided herein may be deemed a default at the option of Lessor. WATER, SEWAGE, PAVING IMPROVEMENTS 3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of laying said line or lines as established by and in accordance with city policies then in existence. 3.4 Lessee expressly agrees that if city water or sewer lines are ever located within 200 feet of the leased premises, Lessee will tie on to such service at its own expense at the price established for that specific Lake Nasworthy area.
  22. 22. 3 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 to prevailing city policies. IV. RULES AND REGULATIONS 4.1 The rules and regulations provided in those certain ordinances of the City Council of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known as the Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendments adopted heretofore or hereafter are expressly incorporated herein by reference as terms and conditions of this lease. This lease is expressly made subject to any ordinances adopted or amended in the future by the Council for the regulation of Lake Nasworthy and surrounding property, including but not limited to, safety, sanitation, and ecological requirements. This lease will be managed by the Water Utilities Department of the City of San Angelo subject to the approval of the Council. V. USE OF LEASED PREMISES CONSTRUCTION BY LESSEE 5.1 The premises shall be used only for a single family residence and lawful uses incidental 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 Lessor's 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 City's 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.
  23. 23. 4 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, pump houses, 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 may be deemed a default at the option of Lessor. RESERVATIONS AND EASEMENTS 5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to execute 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 and privileges of any such oil, gas and other mineral leases or such easements as may have been executed heretofore or hereafter by Lessor, its agents or assigns. An easement across leased premises is hereby retained by Lessor for the purpose of laying sewer and water lines and/or for necessary rights-of-way for roads, alleys or other throughways. VI. ENCUMBRANCE OF LEASEHOLD ESTATE ENCUMBERING LEASEHOLD INTEREST ONLY
  24. 24. 5 6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may request Lessor's written consent (pursuant to article XII of this lease) to encumber the leasehold estate, personal property or improvements made by Lessee which may be removed from the realty without injury to the realty; provided however, that no mortgagee nor anyone who claims by, through or under such mortgage or deed of trust shall, by virtue of such mortgage or deed trust, acquire any greater or more extended rights than Lessee has under this lease but such mortgage or deed of trust shall be in every respect subject, subservient and subordinate to all of the conditions, provisions, requirements, covenants and obligations of this lease. The mortgagee under any such deed of trust or mortgage shall have the right to assume this lease and perform its terms and conditions to protect itself. NOTICES TO LENDER 6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of trust has been given and executed by Lessee and furnish Lessor with the address to which it desires copies of notices to be mailed. Lessor agrees to mail to lender or mortgagee or its designated agent or representative, at the address given, a copy of any notice which Lessor gives, mails, or serves on Lessee under the terms of this lease after receipt of such a notice from the lender or mortgagee. VII. CONDITION OF PREMISES NO WARRANTY 7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON, INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE. AVAILABILITY AND USE OF LAKE WATER 7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor the level of water in Lake Nasworthy. Lessee can use water from the lake, river, and/or wells on the premises for domestic purposes and water of existing trees and shrubs; but no water will be removed from the premises. Use of water for irrigation is expressly prohibited. Lessee shall use water in a conservative manner, and any abusive use of water shall be grounds for denying the use of water to the Lessee. Lessee shall pay the applicable water use charge as set by the Lessor, for water or raw water usage, as the case may be. VIII. REPAIRS AND MAINTENANCE LESSEE'S DUTY TO REPAIR AND MAINTAIN 8.1 Lessee agrees to keep and maintain any and all structures erected or caused to be erected or placed on the leased premises in good and tenantable condition, to maintain its appearance, and to landscape and keep said premises cleared of all objectionable matter, things, and vegetation. Leased premises shall not be used for the outside storage of usable materials for unreasonable lengths of time. In the event Lessee shall fail to maintain leased premises in a manner acceptable to Lessor, after notice
  25. 25. 6 to Lessee as prescribed by city ordinance, the Lessor shall cause leased premises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost of any such clearing, cleaning, and mowing to be billed to it or added to the next annual rental 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 such cost is paid in full. DAMAGE OR DESTRUCTION 8.2 The parties hereto acknowledge that the leased premises are within an area subject to overflow and flooding and it is expressly agreed between the parties that neither Lessor nor any of its agents or employees shall be liable to Lessee for any damages caused in any manner, negligent or otherwise, by high water or floods at Lake Nasworthy, nor by the rivers or creeks which serve as its sources of supply or diversion channels, nor by reason of any work deemed necessary in Lessor's sole judgment in the maintenance of said Lake and sources of supply or diversion channels and all damages occasioned thereby are hereby waived, and when Lessor (or any agent thereof) deems it necessary to enter on the leased premises for any of the above purposes, its judgment shall be conclusive. IX. SUSPENSION OF PRIVILEGES HEALTH MATTERS 9.1 It is expressly understood and agreed that Lessor may at any time, without notice to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein for such length of time as in its sole judgment is necessary for the purpose of suppressing 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 by Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease. PUBLIC PURPOSES 9.2 If Lessor shall deem that leased premises are required for any public purpose or that condemnation is necessary, Lessor shall have the right to terminate this lease by giving ninety (90) days written notice of such termination to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes; and Lessee agrees to promptly deliver possession of leased premises to Lessor; and this lease shall terminate upon the expiration of ninety (90)days after the date of such notice; and in such event Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease. X. RELEASE 10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any and all claims for damages of any kind by reason of the condition of the premises hereby leased, or any
  26. 26. 7 improvements thereon or any damages incurred in the enjoyment or exercise of the privileges granted hereunder, or for damage to its person or property caused by the opening of the gates at Nasworthy Dam, the lowering of the normal water elevation in the lake, or due to flood or high water, or any fluctuating water levels which may arise in the use and operation of Lake Nasworthy, or in the joint use and operation of Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposes of recreation, irrigation, and water supply, or for any other purpose. XI. INDEMNIFICATION 11.1 LESSEE FURTHER AGREES FOR LESSEE AND LESSEE’S SUCCESORS IN INTEREST TO INDEMNIFY AND HOLD LESSOR, ITS OFFICERS, AGENTS, AND EMPLOYEES, 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 THE PRIVILEGES CONFERRED BY THIS LEASE, AND AGREES TO REIMBURSE LESSOR FOR ANY EXPENSES INCURRED IN THE DEFENSE OF ANY SUCH CLAIM, INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS ACTUALLY INCURRED. NOTHING HEREIN SHALL REQUIRE THE INDEMNIFYING PARTY TO INDEMNIFY, DEFEND OR HOLDHARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS LEASE AS LONG AS ANY LIABILITY COULD BE ASSERTED. XII. TRANSFER, ASSIGNMENT, AND SUBLETTING 12.1 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 unreasonably withheld. Lessee may not sublet the leased premises, in whole or in part, without the prior written consent of the Lessor. Any such transfer, assignment or sublease shall be evidenced in writing, properly executed and acknowledged by both parties thereto; a copy 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 such transfer, assignment or sublease shall bind the transferee, assignee or sublessee to the obligations of Lessee to Lessor as set forth in this lease and shall not release Lessee from Lessee's obligations under the lease. XIII. DEFAULT AND REMEDIES DEFAULT 13.1 (a) Any breach of this lease by Lessee, other than the non-payment of rent, may result in irreparable damage to Lessor for which Lessor will not have an adequate remedy at law. If Lessee should default with respect to any of its obligations hereunder except with respect to the non-payment of rent, and should fail within 60 days after written notice of such default from the Lessor to cure such default, then Lessee agrees that that Lessor shall be entitled to immediately seek relief by action or proceeding at law for damages, for specific performance and injunction, without any requirement to post a bond or other security.
  27. 27. 8 (b) In addition to, and independent of, the provisions of subsection (a), above, should Lessee violate any provision of this Lease, other than the non-payment of rent, and fail or refuse to cure such violation within 60 days after written notice of such default from Lessor, then Lessor or Lessor’s agents may enter the premises as reasonably necessary to perform the work required as determined by Lessor to cure the default and the costs thereof shall be deemed to be additional rent, immediately due and payable upon written notice to Lessee of the sum of expenses, costs, and fees so incurred by Lessor, including an assessment for the cost related to Lessor’s employee time in curing the default, if any. LESSEE HEREBY WAIVES ANY CLAIM FOR TRESSPASS OR DAMAGES RELATING TO LESSOR OR LESSOR’S AGENTS OR EMPLOYEES ENTRY ONTO THE LEASEHOLD PREMISES PURSUANT TO THE PROVSIONS OF THIS LEASE. (c) A breach of this lease by Lessee for non-payment of rent shall result in termination of this lease should Lessee within 60 days after written notice of default setting forth the amount past due fail to cure such default by making payment of the full amount due Lessor. POSSESSION 13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to the Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor may take forceful possession of said premises and eject all parties therefrom without being guilty of trespass; and all damages occasioned thereby are hereby waived. REMOVAL OF IMPROVEMENTS 13.3 All buildings and other improvements placed on the property by Lessee (except trees, shrubs, flowers and plants) which may be removed without injury to the realty shall remain the property of Lessee. It is understood and agreed, however, that buildings and improvements shall be held by the Lessor until all rentals due Lessor by Lessee 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 such buildings and improvements and apply the proceeds to the amount due Lessor, with interest 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 the premises after the expiration of ninety (90) days following the termination of this lease, however terminated, shall be deemed abandoned by Lessee and shall become the property of Lessor. OTHER REMEDIES 13.4 (a) Any termination of this lease shall not relieve Lessee from the payment of any sum or sums that are due and payable to Lessor under the lease, or any claim for damages then or previously accruing against Lessee under this lease, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessee for any default under the lease. All rights, options, and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this lease
  28. 28. 9 shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition, or restriction contained in this lease. (b) The remedies provided herein shall not be exclusive of other remedies. A failure by the Lessor to take action on any past violation shall not constitute a waiver of the Lessor’s right to take action on any subsequent violation. XIV. MISCELLANEOUS RELATIONSHIP OF LESSOR AND LESSEE 14.1 The relationship between Lessor and Lessee at all times shall remain solely that of landlord and tenant and shall not be deemed a partnership or joint venture. PARTIES BOUND 14.2 This agreement shall be binding upon and inure to the benefit of the parties of the lease and their respective heirs, executors, administrators, legal representatives, successors and assigns. HEADINGS 14.3 The paragraph headings contained herein are for convenience and reference and are not intended to define, extend or limit the scope of any provisions of this lease. SUPERSEDES PRIOR AGREEMENTS 14.4 If this lease replaces another lease, all prior agreements are superseded by this lease. ENTIRE AGREEMENT/AMENDMENTS 14.5 This lease constitutes the entire agreement between the parties, and Lessor is not bound by any agreement, condition or stipulation, understanding or representation made by any of Lessor’s agents not contained herein. No amendment to this lease shall be effective unless such is in writing and signed by both parties. VIOLATIONS OF LEASE 14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES THAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR COVENANT OF THIS LEASE BY TENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE. TEXAS LAW TO APPLY
  29. 29. 10 14.7 The parties hereby agree that Texas law will control the interpretation or enforcement of this lease. This lease has been executed in Texas, and all obligations hereunder are performable in Tom Green County, Texas. INVALID OR ILLEGAL PROVISIONS 14.8 If any provision of this lease is held invalid as to any person or set of circumstances, such holding shall not affect the validity of any remaining provision of this lease or any provision’s application to other persons not similarly situated or to other circumstances. REIMBURSEMENT OF LESSOR’S EXPENSES 14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited to, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations under this lease, which include, but are not limited to, collection of rental fees and collection of utility payments, taxes and other legitimate assessments. NOTICES 14.10 All notices concerning this lease shall be in writing and delivered to the parties at the addresses below: LESSEE: David Charles Jonas and Peggy Jean Jonas 2378 Fishermans Road San Angelo, Texas 76904 LESSOR: City of San Angelo Attn: Water Utilities Director 72 W. College San Angelo, Texas 76903 SURVIVAL 14.11 Notwithstanding anything to the contrary in this Agreement, the provisions of Parts X. RELESE, XI. INDEMNIFICATION, and XIII. ABANDONMENT, DEFULT AND REMEDIES shall survive the expiration or termination of this Lease agreement (regardless of the manner or basis of termination) in accordance with their terms. [Signature Page to Follow]
  30. 30. 11 EXECUTED in duplicate originals on the _____day of _____________________, 2013 by: LESSEE: DAVID CHARLES JONAS and PEGGY JEAN JONAS David Charles Jonas Peggy Jean Jonas STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of ________________, 2013 by David Charles Jonas and Peggy Jean Jonas. Notary Public, State of Texas LESSOR: CITY OF SAN ANGELO BY: RICKY DICKSON Water Utilities Department STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of ________________, 2013 by Ricky Dickson, as Director of Water Utilities of the City of San Angelo, a Texas home rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas
  31. 31. City of San Angelo Memo Date: September 5, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Consent Item for September 17, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: Consideration of approving a new lake lot residential lease with the following Lessee and authorizing the Mayor, City Manager, or Water Utilities Director to execute the same: Dee Sims and Paula Sims, Lot 17, Group 9, Lake Nasworthy Subdivision 1906 South Concho Drive Summary: Lessee requests a new 40 year lease necessary for financing purposes. Per Section 6.100(3)(B) Rent Escalation When New Lease is Required Before Termination, annual rent will be adjusted based on the number of years remaining on the term of the current lease or until December 31, 2016, whichever is later. Current lease states annual rent will be adjusted to appraised market value of land multiplied by a factor of 0.08 on October 1, 2019. History: Lessee is in good standing as to all lease obligations. Financial Impact: Current Lease expires: September 30, 2037 Current Yearly Lease Fee 2013-2016 $790.00 2017-2018 $948.00 2019-2036 Market Value New Lease expires: August 31, 2053 New Lease Fees: 2013-2016 $926.00 2017-2018 $1,111.00 2019-2052 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 (Dee Sims and Paula Sims) Presentation: None. Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, September 5, 2013. Reviewed by Office of City Attorney: Lysia H. Bowling, City Attorney, September 5, 2013
  32. 32. LAKE NASWORTHY RESIDENTIAL LOT LEASE This lease is made and entered into by and between the CITY OF SAN ANGELO, a Texas municipal corporation, ("Lessor"), whose address is 72 W. College Avenue, San Angelo, Tom Green County, Texas 76903, and Dee Sims and Paula Sims, husband and wife, whose address is 861 Hohmann, San Angelo, Tom Green County, Texas 76905 ("Lessee"). I. DEMISE OF LEASED PREMISES 1.1 In consideration of the mutual covenants, conditions and agreements set forth in this lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases from Lessor, the following described real property (hereinafter called "leased premises") situated in San Angelo, Tom Green County, Texas: Surface Estate only in and to Lot 17, Group 9, Lake Nasworthy Subdivision, City of San Angelo, Tom Green County, Texas, according to the map or plat in Volume 2, Page 387, Plat Records, Tom Green County, Texas (also commonly known as 1906 South Concho Drive). II. TERM, FEES AND RENT FIXED COMMENCEMENT AND TERMINATION DATE 2.1 This lease is granted for a period of forty (40) years having an effective date beginning September 1, 2013 and ending August 31, 2053, in consideration of the initial payment of $150.00, which payment includes the granting fee, receipt of which payment is hereby acknowledged, and the further consideration of Lessee's payment of future annual rent in accordance with subsequent paragraphs hereof and Lessee's compliance with the stipulations and conditions hereinafter set forth. TIME AND MANNER OF PAYMENT 2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Billing Department, 122 W. 1st Street, San Angelo, Texas, 76903, or at such other place as Lessor may from time to time designate by written notice to Lessee. Such rent shall be paid annually on or before October 1 during the term of this lease in accordance with the following schedule: Dates Annual Rent * Annual rent shall be the appraised market value of the leased premises multiplied by a factor of 0.08. Such appraised market value shall be determined and adjusted in accordance with applicable City ordinances in effect at the time of execution of this lease. For the Years 2013 Through 2016 $926.00 For the Years 2017 For the Years 2019 Through 2018 Through 2052 $1,111.00 Market Value * LESSEE: Dee Sims and Paula Sims
  33. 33. DELINQUENT PAYMENTS 2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by Lessor 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 construed as a waiver of the right of Lessor to terminate this lease at its option as authorized herein. HOLD OVER 2.4 Any holding over by Lessee of the herein leased premises after the expiration of this 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 UTILITIES 3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such charges may be deemed a default at the option of Lessor. TAXES 3.2 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 during the term of this lease may be levied on or assessed against the leased premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Leaser to which either of them may become liable. Lessee shall pay all such taxes, charges, and assessments to the public officer charged with the collection thereof not less than fifteen (15) days before the same shall become delinquent, and Lessee agrees to indemnify and save harmless Lessor from all such taxes, charges and assessments. Failure to pay such taxes and special assessments as provided herein may be deemed a default at the option of Lessor. WATER, SEWAGE, PAVING IMPROVEMENTS 3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of laying said line or lines as established by and in accordance with city policies then in existence. 3.4 Lessee expressly agrees that if city water or sewer lines are ever located within 200 feet of the leased premises, Lessee will tie on to such service at its own expense at the 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 to prevailing city policies.
  34. 34. IV. RULES AND REGULATIONS 4.1 The rules and regulations provided in those certain ordinances of the City Council of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known as the Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendments adopted heretofore or hereafter are expressly incorporated herein by reference as terms and conditions of this lease. This lease is expressly made subject to any ordinances adopted in the future by the Council for the regulation of Lake Nasworthy and surrounding property, including but not limited to, safety, sanitation, and ecological requirements. This lease will be managed by the Water Utilities Department of the City of San Angelo subject to the approval of the Council. V. USE OF LEASED PREMISES CONSTRUCTION BY LESSEE 5.1 The premises shall be used only for a single family residence and lawful uses incidental 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 Lessor's 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 City's 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, pump houses, water wells, storage buildings, fences, excavations, fills, and other types of structures or improvements, shall be built or performed on leased premises
  35. 35. 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 may be deemd a default at the option of Lessor. RESERVATIONS AND EASEMENTS 5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to execute 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 and privileges of any such oil, gas and other mineral leases or such easements as may have been executed heretofore or hereafter by Lessor, its agents or assigns. An easement across leased premises is hereby retained by Lessor for the purpose of laying sewer and water lines and/or for necessary rights-of-way for roads, alleys or other throughways. VI. ENCUMBRANCE OF LEASEHOLD ESTATE ENCUMBERING LEASEHOLD INTEREST ONLY 6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may request Lessor's written consent (pursuant to article XII of this lease) to encumber the leasehold estate, personal property or improvements made by Lessee which may be removed from the realty without injury to the realty; provided however, that no mortgagee nor anyone who claims by, through or under such mortgage or deed of trust shall, by virtue of such mortgage or deed trust, acquire any greater or more extended rights than Lessee has under this lease but such mortgage or deed of trust shall be in every respect subject, subservient and subordinate to all of the conditions, provisions, requirements,
  36. 36. covenants and obligations of this lease. The mortgagee under any such deed of trust or mortgage shall have the right to assume this lease and perform its terms and conditions to protect itself. NOTICES TO LENDER 6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of trust has been given and executed by Lessee and furnish Lessor with the address to which it desires copies of notices to be mailed. Lessor agrees to mail to lender or mortgagee or its designated agent or representative, at the address given, a copy of any notice which Lessor gives, mails, or serves on Lessee under the terms of this lease after receipt of such a notice from the lender or mortgagee. VII. CONDITION OF PREMISES NO WARRANTY 7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON, INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE. AVAILABILITY AND USE OF LAKE WATER 7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor the level of water in Lake Nasworthy. Lessee can use water from the lake, river, and/or wells on the premises for domestic purposes and water of existing trees and shrubs; but no water will be removed from the premises. Use of water for irrigation is expressly prohibited. Lessee shall use water in a conservative manner, and any abusive use of water shall be grounds for denying the use of water to the Lessee. Lessee shall pay the applicable water use charge as set by the Lessor, for water or raw water usage, as the case may be. VIII. REPAIRS AND MAINTENANCE LESSEE'S DUTY TO REPAIR AND MAINTAIN 8.1 Lessee agrees to keep and maintain any and all structures erected or caused to be erected or placed on the leased premises in good and tenantable condition, to maintain its appearance, and to landscape and keep said premises cleared of all objectionable matter, things, and vegetation. Leased premises shall not be used for the outside storage of usable materials for unreasonable lengths of time. In the event Lessee shall fail to maintain leased premises in a manner acceptable to Lessor, after notice to Lessee as prescribed by city ordinance, the Lessor shall cause leased premises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost of any such clearing, cleaning, and mowing to be billed to it or added to the next annual rental 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 such cost is paid in full.
  37. 37. DAMAGE OR DESTRUCTION 8.2 The parties hereto acknowledge that the leased premises are within an area subject to overflow and flooding and it is expressly agreed between the parties that neither Lessor nor any of its agents or employees shall be liable to Lessee for any damages caused in any manner, negligent or otherwise, by high water or floods at Lake Nasworthy, nor by the rivers or creeks which serve as its sources of supply or diversion channels, nor by reason of any work deemed necessary in Lessor's sole judgment in the maintenance of said Lake and sources of supply or diversion channels and all damages occasioned thereby are hereby waived, and when Lessor (or any agent thereof) deems it necessary to enter on the leased premises for any of the above purposes, its judgment shall be conclusive. IX. SUSPENSION OF PRIVILEGES HEALTH MATTERS 9.1 It is expressly understood and agreed that Lessor may at any time, without notice to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein for such length of time as in its sole judgment is necessary for the purpose of suppressing 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 by Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease. PUBLIC PURPOSES 9.2 If Lessor shall deem that leased premises are required for any public purpose or that condemnation is necessary, Lessor shall have the right to terminate this lease by giving ninety (90) days written notice of such termination to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes; and Lessee agrees to promptly deliver possession of leased premises to Lessor; and this lease shall terminate upon the expiration of ninety (90)days after the date of such notice; and in such event Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease. X. RELEASE 10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any and all claims for damages of any kind by reason of the condition of the premises hereby leased, or any improvements thereon or any damages incurred in the enjoyment or exercise of the privileges granted hereunder, or for damage to its person or property caused by the opening of the gates at Nasworthy Dam, the lowering of the normal water elevation in the lake, or due to flood or high water, or any fluctuating water levels which may arise in the use and operation of Lake Nasworthy, or in the joint use and operation of Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposes of recreation, irrigation, and water supply, or for any other purpose.
  38. 38. XI. INDEMNIFICATION 11.1 LESSEE FURTHER AGREES FOR LESSEE AND LESSEE’S SUCCESORS IN INTEREST TO INDEMNIFY AND HOLD LESSOR, ITS OFFICERS, AGENTS, AND EMPLOYEES, 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 THE PRIVILEGES CONFERRED BY THIS LEASE, AND AGREES TO REIMBURSE LESSOR FOR ANY EXPENSES INCURRED IN THE DEFENSE OF ANY SUCH CLAIM, INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS ACTUALLY INCURRED. NOTHING HEREIN SHALL REQUIRE THE INDEMNIFYING PARTY TO INDEMNIFY, DEFEND OR HOLDHARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS LEASE AS LONG AS ANY LIABILITY COULD BE ASSERTED. XII. TRANSFER, ASSIGNMENT, AND SUBLETTING 12.1 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 unreasonably withheld. Lessee may not sublet the leased premises, in whole or in part, without the prior written consent of the Lessor. Any such transfer, assignment or sublease shall be evidenced in writing, properly executed and acknowledged by both parties thereto; a copy 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 such transfer, assignment or sublease shall bind the transferee, assignee or sublessee to the obligations of Lessee to Lessor as set forth in this lease and shall not release Lessee from Lessee's obligations under the lease. XIII. DEFAULT AND REMEDIES DEFAULT 13.1 (a) Any breach of this lease by Lessee, other than the non-payment of rent, may result in irreparable damage to Lessor for which Lessor will not have an adequate remedy at law. If Lessee should default with respect to any of its obligations hereunder except with respect to the non-payment of rent, and should fail within 60 days after written notice of such default from the Lessor to cure such default, then Lessee agrees that that Lessor shall be entitled to immediately seek relief by action or proceeding at law for damages, for specific performance and injunction, without any requirement to post a bond or other security. (b) In addition to, and independent of, the provisions of subsection (a), above, should Lessee violate any provision of this Lease, other than the non-payment of rent, and fail or refuse to cure such violation within 60 days after written notice of such default from Lessor, then Lessor or Lessor’s agents may enter the premises as reasonably necessary to perform the work required as determined by Lessor to cure the default and the costs thereof shall be deemed to be additional rent, immediately due and payable upon written notice to Lessee of the sum of expenses, costs, and fees so incurred by Lessor, including an assessment for the cost related to Lessor’s employee time in curing the default, if any. LESSEE HEREBY WAIVES ANY CLAIM FOR TRESSPASS OR DAMAGES RELATING
  39. 39. TO LESSOR OR LESSOR’S AGENTS OR EMPLOYEES ENTRY ONTO THE LEASEHOLD PREMISES PURSUANT TO THE PROVSIONS OF THIS LEASE. (c) A breach of this lease by Lessee for non-payment of rent shall result in termination of this lease should Lessee within 60 days after written notice of default setting forth the amount past due fail to cure such default by making payment of the full amount due Lessor. POSSESSION 13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to the Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor may take forceful possession of said premises and eject all parties therefrom without being guilty of trespass; and all damages occasioned thereby are hereby waived. REMOVAL OF IMPROVEMENTS 13.3 All buildings and other improvements placed on the property by Lessee (except trees, shrubs, flowers and plants) which may be removed without injury to the realty shall remain the property of Lessee. It is understood and agreed, however, that buildings and improvements shall be held by the Lessor until all rentals due Lessor by Lessee 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 such buildings and improvements and apply the proceeds to the amount due Lessor, with interest 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 the premises after the expiration of ninety (90) days following the termination of this lease, however terminated, shall be deemed abandoned by Lessee and shall become the property of Lessor. OTHER REMEDIES 13.4 (a) Any termination of this lease shall not relieve Lessee from the payment of any sum or sums that are due and payable to Lessor under the lease, or any claim for damages then or previously accruing against Lessee under this lease, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessee for any default under the lease. All rights, options, and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this lease shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition, or restriction contained in this lease. (b) The remedies provided herein shall not be exclusive of other remedies. A failure by the Lessor to take action on any past violation shall not constitute a waiver of the Lessor’s right to take action on any subsequent violation.
  40. 40. XIV. MISCELLANEOUS RELATIONSHIP OF LESSOR AND LESSEE 14.1 The relationship between Lessor and Lessee at all times shall remain solely that of landlord and tenant and shall not be deemed a partnership or joint venture. PARTIES BOUND 14.2 This agreement shall be binding upon and inure to the benefit of the parties of the lease and their respective heirs, executors, administrators, legal representatives, successors and assigns. HEADINGS 14.3 The paragraph headings contained herein are for convenience and reference and are not intended to define, extend or limit the scope of any provisions of this lease. SUPERSEDES PRIOR AGREEMENTS 14.4 If this lease replaces another lease, all prior agreements are superseded by this lease. ENTIRE AGREEMENT/AMENDMENTS 14.5 This lease constitutes the entire agreement between the parties, and Lessor is not bound by any agreement, condition or stipulation, understanding or representation made by any of Lessor’s agents not contained herein. No amendment to this lease shall be effective unless such is in writing and signed by both parties. VIOLATIONS OF LEASE 14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES THAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR COVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE. TEXAS LAW TO APPLY 14.7 The parties hereby agree that Texas law will control the interpretation or enforcement of this lease. This lease has been executed in Texas, and all obligations hereunder are performable in Tom Green County, Texas. INVALID OR ILLEGAL PROVISIONS 14.8 If any provision of this lease is held invalid as to any person or set of circumstances, such holding shall not affect the validity of any remaining provision of this lease or any provision’s application to other persons not similarly situated or to other circumstances.
  41. 41. REIMBURSEMENT OF LESSOR’S EXPENSES 14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited to, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations under this lease, which include, but are not limited to, collection of rental fees and collection of utility payments, taxes and other legitimate assessments. NOTICES 14.10 All notices concerning this lease shall be in writing and delivered to the parties at the addresses below: LESSOR: City of San Angelo Attn: Water Utilities Director 72 W. College San Angelo, Texas 76903 SURVIVAL 14.11 Not withstanding anything to the contrary in this Agreement, the provisions of Parts X. RELESE, XI. INDEMNIFICAITON, and XIII. ABANDONMENT, DEFULT AND REMEDIES shall survive the expiration or termination of this Lease agreement (regardless of the manner or basis of termination) in accordance with their terms. [Signature Page to Follow] For the Years 2013 Through 2016 $9 For the Years 2017 For the Years 2019 Through 2018 Through 2052 $1 M
  42. 42. EXECUTED in duplicate originals on the _____day of _____________________, 2013 by: LESSEE Dee Sims Paula Sims STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of ________________, 2013 by Dee Sims and Paula Sims. Notary Public, State of Texas CITY OF SAN ANGELO, LESSOR BY: RICKY DICKSON Water Utilities Department STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of ________________, 2013 by Ricky Dickson, as Director of Water Utilities of the City of San Angelo, a Texas home rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas

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