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  • 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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
  • 43. City of San Angelo Memo Date: June 25, 2013 To: Mayor and Councilmembers From: Luis Elguezabal, A.A.E., Airport Director Subject: Agenda Item for September 17, 2013 Council Meeting Contact: Bryan Kendrick, Airport 325.659.6409 ext 1010 Caption: CONSENT: 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 History: City staff received a request from Avis Rental Group LLS to renew the concession agreement for space used to supply an adequate number of late model automobiles that are in good mechanical condition and appearance for the operation of an automobile rental business at Airport at rates comparable to those generally prevailing in the San Angelo area. Because ground transportation is an essential service to Airport passengers and to other patrons of the Airport, it is the intent and desire of City Staff that air passengers have available to them, a choice of various ground transportation services, any one of which they shall have the right to select and use, including the automobile rental business operated and conducted by Concessionaire Summary: This Concession Agreement is for a term of three (5) years beginning September 1, 2013, and expiring August 31, 2018. All of the terms and rates coincide with the airport’s approved rates and charges. Financial Impact: Concessionaire agrees to pay to Lessor, for use of the demised premises and for the rights and privileges granted herein, a minimum guarantee of TWELVE THOUSAND DOLLARS ($12,000.00) a year or an amount equal to ten percent (10.0%) of Concessionaire's annual gross receipts, as defined herein, which are derived from its operation of automobile rental service at the Airport, whichever is greater Related Vision Item Provide Adequate Amenities for the Airport. Other Information/ Recommendation: Staff recommends approval Attachments: Agreement Presentation: None Publication: None Reviewed by Director: Luis Elguezabal, A.A.E., Airport, 06-25-13 Approved by Legal: Submitted to City Attorney for Approval
  • 44. CONCESSION AGREEMENT THIS CONCESSION AGREEMENT (hereinafter referred to as “Agreement”) is made and entered into by and between the CITY OF SAN ANGELO, a Texas home rule municipal corporation under the laws of the State of Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "Lessor"), and AVIS CAR RENTAL GROUP, LLC, a Delaware Corporation authorized by the Secretary of State to conduct business in Texas, with its principal place of business located at 6 Sylvan Way, Parsippany, New Jersey 07054 (hereinafter referred to as "Concessionaire" or “Lessee”). Lessor owns and operates the San Angelo Regional Airport-Mathis Field, located in Tom Green County, Texas (hereinafter called the "Airport"), and Concessionaire is engaged in an operation to supply an adequate number of late model automobiles that are in good mechanical condition and appearance for the operation of an automobile rental business at Airport at rates comparable to those generally prevailing in the San Angelo area. Because ground transportation is an essential service to Airport passengers and to other patrons of the Airport, it is the intent and desire of Lessor that air passengers have available to them, twenty-four (24) hours a day, seven days a week, a choice of various ground transportation services, any one of which they shall have the right to select and use, including the automobile rental business operated and conducted by Concessionaire. For and in consideration of the premises and of the mutual terms, conditions and covenants of this Agreement, and other valuable consideration, Lessor does hereby demise and let unto Concessionaire, and Concessionaire does hereby lease and accept from Lessor, certain Airport property, together with improvements thereon (hereinafter called "demised premises"), and certain attendant privileges, uses and rights, as follows: 1. PREMISES AND PRIVILEGES 1.1 DESCRIPTION OF DEMISED PREMISES. The premises conveyed by this Concession Agreement shall be as follows: 1.1.1 Counter areas in the terminal building, as shown on the terminal building floor plan, which is available for review in the office of the Airport Director; and 1.1.2 Ready car and return car check-in parking positions, which shall be assigned and designated by the Airport Director. Lessor reserves the right to change the location and number of allocated spaces. It is further agreed that the passenger terminal parking lot will not be used for rental automobile or employee parking and Lessor may withdraw ready car spaces on a one-for-one basis for each rental or employee automobile that is observed in the public parking lot. 1.2 DESCRIPTION OF PRIVILEGES, USES AND RIGHTS. Lessor hereby grants to Concessionaire the following privileges, uses and rights, all of which shall be subject to the terms, conditions and covenants hereinafter set forth:
  • 45. 1.2.1 The right, non-exclusive license and privilege to operate an automobile rental service at the Airport for the purpose of renting automobiles to airline passengers and such other persons who may request such service at the Airport; 1.2.2 The right of ingress to and egress from the demised premises over and across public roadways serving the passenger terminal building by Concessionaire, its agents and servants, patrons and invitees, suppliers of services and furnishers of material; 1.2.3 The right, at Concessionaire's sole expense, to install and thereafter operate and maintain signs advertising Concessionaire's business on demised premises, and at such other place or places in or upon the Airport as may be mutually agreed upon by the parties hereto in compliance with the Sign Ordinance, Chapter 12, Article 12.600 et seq. of the Code of Ordinances of the City of San Angelo, Texas; 1.2.4 The right, upon any termination of this Agreement, and within a ten (10) day period thereafter, to remove such items, equipment, trade fixtures, and other non-attached improvements as may have been installed in or upon the demised premises by the Concessionaire. 2. TERM 2.1 TERM. This Concession Agreement is for a term of five (5) years beginning September 1, 2013, and expiring August 31, 2018. 2.2 HOLDOVER. Any holding over by Concessionaire of the demised premises after expiration of this Agreement shall be construed only as a tenancy from month to month, with privileges and obligations of parties extended from month to month, terminable at the will of Lessor. During this period, rent shall be in accordance with paragraph 3.1. 3. RENT 3.1 AMOUNT. For the period from September 1, 2013, through August 31, 2018, Concessionaire agrees to pay to Lessor, for use of the demised premises and for the rights and privileges granted herein, a minimum guarantee of TWELVE THOUSAND DOLLARS ($12,000.00) a year or an amount equal to ten percent (10.0%) of Concessionaire's annual gross receipts, as defined herein, which are derived from its operation of automobile rental service at the Airport, whichever is greater. Payment of the gross receipt percentage or minimum guarantee, whichever is greater, shall be made monthly, prorated, on or before the 12th day of each month from and after commencement of operations hereunder. A verifiable report of all gross receipts derived from the business transacted by Concessionaire at the Airport during the preceding calendar month shall be submitted on forms acceptable to Lessor and shall be accompanied by payment to the Lessor of one twelfth (1/12) of the guaranteed annual minimum, to wit: ONE THOUSAND AND NO/100 DOLLARS ($1,000.00), or ten percent (10.0%) of
  • 46. the monthly gross receipts for the preceding calendar month, whichever amount is greater. The term "gross receipts", as used herein, shall mean and include time and mileage charges paid or payable to Concessionaire for rental of automobiles, whether received by cash or credit, regardless of when, where or through whom the order is received, including all revenue derived by Concessionaire arising out of or in connection with Concessionaire's operation at the Airport. The following items shall be excluded: 3.1.1 Charges to customers for refueling a vehicle when the customer is obligated to return the vehicle with the same amount of fuel furnished; 3.1.2 Charges for collision damage waiver, personal accident insurance and personal effects coverage; 3.1.3 Refundable deposits except those forfeited and claimed by the Concessionaire in lieu of rental charges; 3.1.4 Collections from customers or insurers for vehicle damage and repair; 3.1.5 Any federal, state or local taxes which are separately stated and collected by the Concessionaire; however, no deductions from gross receipts shall be allowed from taxes levied on concession activities, equipment or real or personal property of Concessionaire; and 3.1.6 Receipts from the sale of vehicles previously used in Concessionaire's rental fleet. 3.2 PLACE OF PAYMENT. All fees and rentals shall be delivered to Lessor at: City of San Angelo Airport, 8618 Terminal Circle, Suite 101, San Angelo, Texas 76904, Attention: Airport Director. 3.3 LATE FEES. Concessionaire shall pay to Lessor a late fee as provided by Chapter 1, Article 1.800, Section 1.802, and Appendix A, Article 10.00, Section 10.200 of the Code of Ordinances of the City of San Angelo, for any fee or rent not fully paid when due. 3.4 ABATEMENT OF MINIMUM ANNUAL GUARANTEE. As long as Concessionaire is not in default of any of the terms and conditions of this Agreement, the minimum annual guarantee set forth above shall be abated on a monthly basis to the extent, in an amount, and for a term to be set by the Airport Advisory Board of the City of San Angelo at a meeting called for such purpose, if during the term hereof, through no fault of Concessionaire, either or both of the following conditions should occur: 3.4.1 The number of monthly passengers deplaning in a particular month on scheduled airline flights at the Airport shall be less than seventy-five percent (75%) of the number of deplaning passengers as compared with the monthly average of deplaned passengers for that month in the preceding year, and/or
  • 47. 3.4.2 The business of Concessionaire authorized hereunder shall be affected by shortage or other disruptions in the supply of automobiles, gasoline or other goods necessary for the operation of Concessionaire's business which results in a twenty-five percent (25%) or greater reduction in monthly gross receipts of Concessionaire hereunder as compared with the same month during the preceding calendar year. 3.5 BOOKS AND RECORDS. Concessionaire agrees that it will keep or cause to be kept true, accurate and complete records of business conducted hereunder, and Concessionaire further agrees that Lessor shall have the right, through its duly authorized agents or representatives to examine all pertinent records at a reasonable time, for the purpose of auditing to determine the accuracy thereof. 4. SPECIAL CONDITIONS. This Agreement is entered into subject to the following conditions which are accepted and agreed to by Concessionaire: 4.1 PREMISES 4.1.1 The demised premises have been examined by Concessionaire, and are accepted by Concessionaire “AS IS” and WITHOUT EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Concessionaire is familiar with the demised premises and Airport facilities and deems them as suitable for the purpose for operating an automobile rental service. 4.1.2 The right to use the public Airport facilities is shared in common with others, and shall be used subject to all laws, rules, and regulations of the United States, the State of Texas, and the City of San Angelo, now in existence or hereafter enacted. 4.1.3 The right to operate an automobile rental service on Airport premises granted herein is non-exclusive. Lessor shall have the right to deal with and perfect arrangements with any other individual, company or corporation for engaging in like activity on Airport premises subject to substantially the same conditions and terms binding Concessionaire herein. 4.1.4 The premises demised to Concessionaire shall remain open for such periods during each day and such days during each week as may be necessary to meet reasonable demands for said services. Concessionaire may install on the demised premises or at such other places as the parties may agree upon, a direct telephone line for the purpose of supplying automobile rental service to airport patrons during the periods when the airport terminal facilities are closed. 4.1.5 Concessionaire shall permit the installation on its demised premises of the Airport public address system and the reception thereon of flight
  • 48. announcements and other information if Lessor deems such installation necessary. 4.2 RULES AND REGULATIONS 4.2.1 Concessionaire shall abide by and be subject to all laws and reasonable rules and regulations which are now, or may from time to time be formulated by Lessor concerning management, operation or use of the Airport. 4.2.2 Concessionaire shall not discriminate against any employee or applicant for employment because of race, color, creed, sex, age or national origin. Concessionaire agrees to take affirmative action to ensure that applicants are employed and that employees are tested during employment without regard to their race, creed, color, sex, age or national origin. Such action shall include but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 4.2.3 Concessionaire agrees to comply fully with the Americans with Disabilities Act insofar as such act does not require construction or alteration of the premises. 4.2.4 Concessionaire shall prohibit its agents, servants, and employees from engaging in the solicitation of its automobile rental services on or about the Airport in a loud, boisterous, offensive or objectionable manner. In the event of questionable conduct in such solicitation, the Airport Director shall be sole judge in determining if said conduct is a violation of this paragraph; and upon notice from the Airport Director, Concessionaire shall immediately take all steps necessary to eliminate the undesirable condition. 4.2.5 Concessionaire, its agents, servants and employees shall maintain a friendly and cooperative, though competitive, relationship with other companies engaged in like business on said Airport. Concessionaire shall not engage in open public disputes, disagreements, or conflicts which would tend to deteriorate the quality of the automobile rental service of Concessionaire or its competitors or which would be incompatible with the best interest of the public at the Airport. Lessor shall have the right to resolve all such disputes, disagreements or conflicts, and its determination of or the manner in which Concessionaire shall thereafter operate shall be binding upon Concessionaire. 4.3 SERVICE 4.3.1 Concessionaire shall furnish good, prompt and efficient service, adequate to meet all reasonable demands for automobile rental service at the
  • 49. Airport, on a fair and reasonable basis and charge prices for such services in accordance with automobile rental industry standards. 4.3.2 Concessionaire shall use its best efforts to develop and increase the business of the rental of automobiles at the Airport and will not divert or cause or allow to be diverted any automobile rentals from its place of business at the Airport to any other location not at the Airport. Automobiles shall be deemed to be rented at the Airport and the rentals thereof included in gross revenues if the automobile is delivered to the customer at the Airport. 4.4 MAINTENANCE 4.4.1 Rental automobiles made available hereunder shall be maintained at Concessionaire's sole expense, in good operative order, free from known mechanical defects, and in clean, neat and attractive condition, inside and outside. 4.4.2 Concessionaire shall, at its sole cost and expense, furnish, install, operate and maintain the demised premises and every part thereof; and shall maintain the furnishings, fixtures and equipment installed therein in good safe and serviceable condition at leaset as well as the furnishings, fixtures and equipment installed in the non-exclusive areas made available to Concessionaire are maintained. Concessionaire shall repair all damages caused by its employees, guests or invitees, or that otherwise result from its operation of the automobile rental service. Concessionaire shall repaint the demised premises as necessary to maintain its current condition or as otherwise desirable, after obtaining prior approval of the Lessor. 4.4.3 Lessor shall be the sole judge of the quality of maintenance; and upon written notice by Lessor to Concessionaire, Concessionaire shall perform whatever maintenance Lessor reasonably deems necessary. If said maintenance is not undertaken and pursued with due diligence by Concessionaire within ten (10) days after receipt of written notice, Lessor shall have the right to enter upon the demised premises and perform the necessary maintenance, the cost of which shall be assessed by Lessor as additional rent and borne by Concessionaire. 4.4.4 Upon termination of this Agreement, Concessionaire shall deliver the demised premises in good order, condition and repair, reasonable wear and tear excepted. 4.4.5 Concessionaire shall provide and use suitable covered metal receptacles for all garbage, trash or other refuse. Concessionaire shall not stack, store or keep boxes, cartons, barrels, or other similar items, in an unsightly or unsafe manner, on or about the demised premises, or permit the same. 4.5 COSTS AND FEES
  • 50. 4.5.1 Concessionaire shall bear, at its own expense, all costs of operating the concession and shall pay, in addition to rental, all other costs connected with the use of the demised premises and facilities, including but not limited to, maintenance, insurance, any and all taxes, all permit fees and license fees, and assessments lawfully levied or assessed upon the personal property and demised premises or structures and improvements situated thereon. 4.5.2 Concessionaire shall secure, at its own expense, all permits and licenses required by law. 4.5.3 Concessionaire shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this Agreement may be levied on or assessed against the demised premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Concessionaire, or to which either of them may become liable. Concessionaire 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 CONCESSIONAIRE AGREES TO INDEMNIFY AND SAVE HARMLESS LESSOR FROM ALL SUCH TAXES, CHARGES AND ASSESSMENTS. 4.6 OTHER SALES 4.6.1 Concessionaire shall not sell or dispense petroleum products, or perform motor vehicle repair services or related services on the Leased Premises; provided however, upon sufficient or desirable space being deemed available as determined by Lessor, the parties may negotiate and execute a separate lease agreement pursuant to which Concessionaire may lease space or facilities on the Airport premises for dispensing of petroleum products and servicing vehicles owned or controlled by Concessionaire that are used in conjunction with the automobile rental concession granted hereunde. 4.6.2 Concessionaire shall neither install nor operate on the demised premises vending machines or coin operated amusement machines or devices. Lessor specifically reserves the right to arrange for installation of such pay telephones as Concessionaire may require and to secure the income therefrom. 4.6.3 Insofar as permitted by law, Concessionaire may offer trip insurance covering, accidental loss of life, accidental injury, medical expenses, or property damage, limited only to customers leasing Concessionaire's vehicles and excluding air travel insurance protection. 4.6.4 Concessionaire shall not represent on the Airport premises in any fashion any other automobile rental business, firm or affiliation. Specifically, Concessionaire shall not by advertisement, display, telephone number,
  • 51. telephone listing, contract, understanding or in any other manner represent itself as an agent, affiliate or representative on the Airport premises of another automobile rental business. 5. INSURANCE AND INDEMNIFICATION 5A. INSURANCE. 5.1 General Conditions. The following conditions shall apply to all insurance policies obtained by CONCESSIONAIRE for the purpose of complying with this Agreement. 5.1.1 Satisfactory Companies. Coverage shall be maintained with insurers and under forms of policies satisfactory to City and with insurers licensed to do business in Texas. 5.1.2 Named Insureds. All insurance policies required herein shall be drawn in the name of CONCESSIONAIRE, with City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees named as additional insureds, except on Workers’ Compensation coverage. 5.1.3 Waiver of Subrogation. CONCESSIONAIRE shall require its insurance carrier(s), with respect to all insurance policies, to waive all rights of subrogation against City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees. Lessor shall waive all claims against CONCESSIONAIRE for damages covered normally by Fire and Casualty damage insurance with standard extended coverage. 5.1.4 Certificates of Insurance. At or before the time of execution of this Agreement, CONCESSIONAIRE shall furnish City’s Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverage and limits of insurance. All certificates of insurance shall clearly state that all applicable requirements have been satisfied. The certificates shall provide that any company issuing an insurance policy shall provide to City not less than thirty (30) days advance notice in writing of cancellation, non- renewal or material change in the policy of insurance. In addition, CONCESSIONAIRE and insurance company shall immediately provide written notice to City’s Risk Manager upon receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. Copies of required endorsements will be attached to the certificates to confirm the required endorsements are in effect. Certificates of insurance and notices of cancellations, terminations or alterations shall be furnished to City’s Risk Manager at City Hall, 72 West College, San Angelo, Texas 76903. 5.1.5 CONCESSIONAIRE’S Liability. The procurement of such policy of
  • 52. insurance shall not be construed to be a limitation upon CONCESSIONAIRE’S liability or as a full performance on its part of the indemnification provisions of this Agreement. CONCESSIONAIRE’S obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury or loss caused by or attributable to its activities conducted at, about or upon the Premises. Failure of CONCESSIONAIRE to maintain adequate coverage shall not relieve CONCESSIONAIRE of any contractual responsibility or obligation. 5.1.6 Sub Contractors’ Insurance. CONCESSIONAIRE shall cause each Sub Contractor of CONCESSIONAIRE to purchase and maintain insurance of the types and in the amounts specified below. CONCESSIONAIRE shall require Sub Contractors to furnish copies of certificates of insurance to Lessor’s Risk Management Department evidencing coverage for each Sub Contractor. 5.2 Types and Amounts of Insurance Required. CONCESSIONAIRE shall obtain and continuously maintain in effect at all times during the term hereof, at CONCESSIONAIRE’S sole expense, insurance coverage as follows with limits not less than those set forth below: 5.2.1 Commercial General Liability or equivalent Aviation Liability. This policy shall be an occurrence-type policy, and shall protect the CONCESSIONAIRE and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than the CONCESSIONAIRE’S employees) and damage to property of the City or others arising out of the act or omission of the CONCESSIONAIRE or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by CONCESSIONAIRE under the paragraph of this Agreement entitled “Indemnification,” including completed operations, products liability, contractual coverage, broad form property coverage, explosion, collapse, underground, premises/operations, and independent contractors (to remain in force for two years after final payment). Coverage shall not be less than: $ 2,000,000.00 General Aggregate $ 1,000,000.00 Products- Completed Operations Aggregate $ 1,000,000.00 Personal & Advertising Injury $ 1,000,000.00 Each Occurrence $ 500,000.00 Fire Damage (any one fire) 5.2.2 Business Automobile Liability. This policy shall be written in comprehensive form and shall protect CONCESSIONAIRE and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles and shall cover operation on and off the Premises of all motor vehicles licensed for highway use, whether they are owned, non-owned or hired. Coverage shall not be less than:
  • 53. $ 1,000,000.00 Combined Single Limit 5.2.3 Workers’ Compensation and Employer’s Liability. If CONCESSIONAIRE hires any employees, CONCESSIONAIRE shall maintain Workers’ Compensation and Employer’s Liability insurance, which shall protect the CONCESSIONAIRE against all claims under applicable state workers’ compensation laws and employer’s liability. The insured shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of a workers’ compensation law. Coverage shall not be less than: Statutory Amount Workers’ Compensation $ 500.000.00 Employer’s Liability, Each Accident $ 500,000.00 Employer’s Liability, Disease - Policy Limit $ 500,000.00 Employer’s Liability, Disease – Each Employee The foregoing requirement will not be applicable if, and so long as, CONCESSIONAIRE qualifies as a self-insurer under the rules and regulations of the commission or agency administering the workers’ compensation program in Texas and furnishes evidence of such qualification to Lessor in accordance with the notice provisions of this Agreement. If CONCESSIONAIRE uses contract labor, CONCESSIONAIRE shall require its contractor to maintain the above referenced coverage and furnish copies of certificates of insurance as required herein. 5.2.4 Environmental Liability. This insurance shall be maintained in force for the full period of this Contract and cover losses caused by pollution conditions including, but not limited to, any spill, underground pollution or any other environmental impairment. It shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically injured; cleanup costs; including, but not limited to, any costs required under CERCLA; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. If coverage is written on a claims made basis, CONCESSIONAIRE warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning from the time the Contract has expired. Coverage shall not be less than: $2,000,000.00 per loss $1,000,000.00 Annual aggregate 5.B INDEMNIFICATION.
  • 54. CONCESSIONAIRE AGREES TO INDEMNIFY, DEFEND, REIMBURSE AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF CONCESSIONAIRE OR CITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF CONCESSIONAIRE, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONCESSIONAIRE AND ANY OTHER ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS AGREEMENT OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY CONCESSIONAIRE HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS AGREEMENT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE CONCESSIONAIRE TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 6. DAMAGE OR DESTRUCTION OF PREMISES 6.1 If the demised premises are partially damaged by fire, explosion, the elements, public enemy, or other casualty, but not rendered untenantable, the same will be repaired with due diligence by Lessor at its own cost and expense. 6.2 If the damage shall be so extensive as to render such premises untenantable, but capable of being repaired in thirty (30) days, the same shall be repaired with due diligence by Lessor at its own cost and expense and the rent payable herein shall be paid proportionately to the time of such damage and thereafter cease until such time as the premises are again tenantable. 6.3 In the event said premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty, or so damaged that they will remain untenantable for more than thirty (30) days, Lessor shall be under no obligation to repair and reconstruct the premises, and rent payable hereunder shall be paid proportionately to the time of such damage or destruction and shall thereafter cease until such time as the premises may be fully restored. If within twelve (12) months after the time of such damage or destruction said demised premises shall not have been repaired or reconstructed, Concessionaire may give Lessor written notice of its intention to terminate this Agreement effective from the date of such damage or destruction.
  • 55. 7. TERMINATION OF AGREEMENT, CANCELLATION, ASSIGNMENT AND TRANSFER 7.1 TERMINATION. This Agreement shall terminate at the end of the full term or any extension thereof, at which time Concessionaire shall have no further right or interest in any of the Premises, lands, areas, or improvements hereby demised, and the rights, privileges and license granted Concessionaire hereunder shall expire, 7.2 CANCELLATION BY CONCESSIONAIRE. This Agreement shall be subject to cancellation by Concessionaire on the occurrence of one or more of the following events: 7.2.1 The permanent abandonment of the Airport as an air terminal; 7.2.2 The lawful assumption by the United States government or any authorized agency thereof, of the operation, control, or use of the Airport, or any substantial part or parts thereof, in such a manner as to substantially restrict Concessionaire for a period of at least ninety (90) days from operation thereon; 7.2.3 Issuance, by any court of competent jurisdiction, of an injunction in any way preventing or restraining the use of the Airport for commercial airline passenger travel for a period of at least ninety (90) days; 7.2.4 The default by Lessor in the performance of any covenant or agreement herein required to be performed by Lessor and the failure of Lessor to remedy such default for a period of sixty (60) days after receipt from Concessionaire of written notice to remedy the same; or 7.2.5 The complete destruction of the demised premises as outlined in Article 6. 7.3 CANCELLATION BY LESSOR. This Agreement shall be subject to immediate cancellation by Lessor in the event Concessionaire shall: 7.3.1 Be in arrears in the payment of the whole or any part of the amounts agreed upon in Article 3 for a period of seven (7) days after receipt of written notice from Lessor of such arrearage; 7.3.2 Abandon the demised premises by Concessionaire; 7.3.3 Default in the performance of any of the covenants and conditions required herein (except rental payments) to be kept and performed by Concessionaire, and such default continues for a period of thirty (30) days after receipt of written notice from Lessor of said default; or 7.3.4 Be adjudged by Lessor of intent to deprive the Lessor of rental payments due and payable under this Agreement or be guilty of repeated or
  • 56. continued violations of the covenants and conditions required herein to be kept and performed by Concessionaire. 7.4 RE-ENTRY BY LESSOR AND COVENANT NOT TO SUE. Upon termination of this Agreement, Lessor may re-enter and take immediate possession of the demised premises and remove Concessionaire’s fixtures, equipment or effects, with or without process of law, without being deemed guilty of trespass. Lessor shall not be liable for any damages by reason of such re-entry or disposition of Concessionaire’s property. Concessionaire, on behalf of itself, its parents, subsidiaries, divisions, related companies, affiliated companies, licensees, independent contractors, assigns or other business related entities hereby unconditionally and irrevocably covenants to refrain from making any claim or demand or from commencing, causing, or permitting to be prosecuted any action in law or equity, against Lessor, or Lessor’s council members, board and commission members, officials, agents, contractors or employees relating directly or indirectly to Lessor’s re-entry upon the demised premises upon termination of this Agreement and Lessor’s taking possession of the demised premises as provided under this Part 7 “TERMINATION OF AGREEMENT, CANCELLATION, ASSIGNMENT AND TRANSFER”, to and including the removal and or disposal of Concessionaire’s personal property equipment and fixtures in Lessor’s discretion. 7.5 POSSESSION. Concessionaire agrees at the expiration or termination of this Agreement 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 demised premises and eject all parties therefrom without being guilty of trespass; all resulting damages are hereby waived by Concessionaire, and Concessionaire covenants not to claim or sue as hereinabove provided at subparagraph 7.4 “ENTRY BY LESSOR AND COVENANT NOT TO SUE”. 7.6 OTHER REMEDIES. Any termination of this Agreement arising from Concessionaire's default shall not relieve Concessionaire from the payment of any sum or sums that are due and payable to Lessor under this Agreement, or any claim for damages then or thereafter accruing against Concessionaire under this Agreement. 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 Concessionaire for any default under this Agreement. All rights, options, and remedies of Lessor contained in this Agreement or otherwise 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 Agreement. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this Agreement 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 Agreement. 7.7 REMOVAL OF IMPROVEMENTS. All equipment, machinery, trade fixtures and other non-attached improvements installed on the demised premises by
  • 57. Concessionaire shall remain the property of Concessionaire and may be removed at the termination of this Agreement, provided Concessionaire is not then in default in the performance of any of its obligations or covenants herein contained, and provided further that such removal will do no damage to the realty upon which such items are situated. It is understood and agreed, however, that improvements shall be held by the Lessor until all rentals due Lessor by Concessionaire shall have been paid, and should any amount remain unpaid for more than thirty (30) days after termination of this Agreement, the Lessor shall have the right to sell such 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 to pay the balance remaining, if any, to Concessionaire. All property remaining on the demised premises after the expiration of thirty (30) days following the termination of this Agreement, however terminated, shall be deemed abandoned by Concessionaire and shall become the property of Lessor. 7.8 ASSIGNMENT AND TRANSFER. Concessionaire shall not assign, transfer, or sublease this Agreement or the rights or demised premises hereunder without the prior written approval of Lessor. Unless acknowledged and approved in writing by the Lessor, any change in the controlling interest of corporate stock ownership of Concessionaire or its parent company shall constitute grounds for immediate termination of this Agreement by Lessor. 8. COOPERATION UPON TERMINATION 8.1 Upon the termination of this Agreement, through passage of time or otherwise, Concessionaire shall facilitate Lessor in all reasonable ways in continuing the operation of said automobile rental service on the Airport without interruption. 8.2 Concessionaire further agrees to sell any or all of the Concessionaire’s furniture, furnishings, fixtures and equipment installed or used upon said demised premises to Lessor should Lessor notify Concessionaire in writing ten (10) days before such termination date that it desires to purchase any or all of said furniture, furnishings, fixtures and equipment; and the purchase price shall be the fair market value of such items at the date of such termination. If the parties are unable to agree upon the fair market value, each party shall then appoint an appraiser; the two so appointed shall name a third appraiser; and the three appraisers so named shall determine the fair market value of such items, which determination shall be final and binding upon both parties hereto. 9. GENERAL PROVISIONS 9.1 CONFLICT BETWEEN CONCESSIONS. In the event of a conflict between Concessionaire and any other lessee or concessionaire in the Airport terminal building as to the services to be sold by respective concessionaires or lessees, Lessor shall decide which services may be sold by each concessionaire or lessee and Concessionaire agrees to be bound by such decision. 9.2 INSPECTION. Lessor, by its officers, employees, agents and representatives, shall have the right at all reasonable times to enter upon the demised premises for
  • 58. the purpose of inspecting same, for observing the performance by Concessionaire of its obligations hereunder, and for the doing of any act which Lessor may be obligated or have the right to do under this Agreement. 9.3 ATTORNEY'S FEES. In the event any action, suit or proceeding is brought to collect the rentals and fees, (or any portion thereof) due or to become due hereunder; to take possession of said concession space; to enforce compliance with this Agreement; or for failure to observe any of the covenants of this Agreement, Concessionaire shall pay Lessor such sum as the court may adjudge reasonable for attorney's fees to be allowed in said suit, action or proceeding. 9.4 RELATIONSHIP OF PARTIES. It is understood and agreed that nothing herein contained is intended or should be construed as creating or establishing a relationship of agency, co-partnership or joint venture between the parties hereto, or as appointing or designating the Concessionaire as the agent, representative or employee of the Lessor for any purpose or in any manner whatsoever. Concessionaire is to be and shall remain an independent contractor with respect to all services performed hereunder. 9.5 NO WAIVER. Failure of Lessor to insist in any instance upon a strict performance by Concessionaire of any of the provisions or terms of this Agreement shall not be considered as a waiver or relinquishment thereof for the future. No waiver by Lessor of any of the provisions or terms of this Agreement shall be deemed to have been made in any instance unless expressed in the form of a resolution by the City Council. 9.6 QUIET ENJOYMENT. Lessor agrees that Concessionaire, upon payment of rent and all other charges and upon observation of all of the terms and conditions of this Agreement, shall lawfully and quietly hold, occupy, and enjoy the demised premises during the full term of this Agreement without hindrance from Lessor or anyone claiming by, through or under Lessor, subject, however, to Concessionaire holding and enjoying said premises under conditions which may reasonably be anticipated in connection with the operation of aircraft or an airport. 9.7 INVALID OR ILLEGAL PROVISIONS. If any one or more provisions of this Agreement are for any reason held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability will not affect any other provision of the Agreement, which will be construed as if it had not included the invalid, illegal or unenforceable provision. 9.8 PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience and reference and are not intended to define, extend or limit the scope of any provision of this Agreement. 9.9 NOTICES. Any notice required or permitted under this Agreement shall be deemed sufficiently given if it is in writing and personally delivered, sent by overnight express delivery service or deposited in the United States mail, postage prepaid and sent by registered or certified mail (return receipt requested) to the party to which said notice is to be given. Notices delivered in person, or by
  • 59. overnight express delivery service, shall be deemed to be served effective as of the date the notice is delivered. Notices sent by registered or certified mail (return receipt requested) shall be deemed to be served seventy-two (72) hours after the date said notice is postmarked to the addressee, postage prepaid. Until changed by written notice given by one party to the other, the addresses of the parties shall be as follows: LESSOR: CITY OF SAN ANGELO San Angelo Municipal Airport Attn: Airport Director 8618 Terminal Circle, Suite 101 San Angelo, Texas 76904 With copies to: City Attorney’s Office 72 W. College San Angelo, Texas 76903 CONCESSIONAIRE: AVIS CAR RENTAL GROUP, LLC Attn: Robert Bouta 6 Sylvan Way Parsippany, New Jersey 07054 With copies to: Bridget Biagas P.O. Box 612707 DFW Airport, Texas 75261 9.10 SUBORDINATION. This Agreement shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States relative to the operation or maintenance of the Airport. 9.11 SUCCESSORS AND ASSIGNS. All of the terms, covenants and agreements herein contained shall be binding upon and shall inure to the benefit of successors and assigns, provided Concessionaire has previously received written approval from Lessor in accordance with Paragraph 7.8 herein, to assign, transfer or sublease its rights and demised premises. 9.12 AMENDMENT. No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto or their respective successors or legal representatives. 9.13 VENUE. This Agreement is governed by the laws of the State of Texas. Venue for any suit or claim or cause of action arising out of or related to this Agreement shall be in Tom Green County, Texas. 9.14 SURVIVAL OF REMEDIES. The provisions relating to keeping of books and records, audit by Lessor, insurance, indemnity, hold harmless, re-entry by Lessor, cooperation of Concessionaire upon termination and applicable law and venue
  • 60. shall survive the expiration or termination of this Agreement to the extent needed to enable the Parties to pursue the remedies and benefits provided for in those provisions. 9.15 ENTIRE AGREEMENT. This Agreement constitutes and contains the entire agreement between the parties hereto. Any oral representations or modifications hereinbefore or hereinafter made concerning this Agreement shall be of no force and effect, provided however, that this Agreement may be amended by the parties
  • 61. as provided herein. EXECUTED in duplicate originals on this the ____ day of _____________, 2013. LESSOR CITY OF SAN ANGELO, Texas ATTEST: By: _______________________________ Daniel Valenzuela, City Manager _____________________________ Alicia Ramirez, City Clerk THE STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the ______ day of _______________, 2013, by DANIEL VALENZUELA, City Manager of the CITY OF SAN ANGELO, a Texas home rule municipal corporation, on behalf of said corporation. ___________________________________ Notary Public, State of Texas CONCESSIONAIRE / LESSEE: AVIS CAR RENTAL GROUP, LLC By: ______________________________ Its: THE STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the ______ day of ____________, 2012, by as for AVIS CAR RENTAL GROUP, LLC. __________________________________ Notary Public, State of Texas
  • 62. Approved as to Content Approved as to Form ___________________________ __________________________________ Luis Elguezabal, Airport Director Dan T. Saluri, Sr. Assistant City Attorney
  • 63. City of San Angelo Memo Date: June 25, 2013 To: Mayor and Councilmembers From: Luis Elguezabal, A.A.E., Airport Director Subject: Agenda Item for September 17, 2013 Council Meeting Contact: Bryan Kendrick, Airport 325.659.6409 ext 1010 Caption: CONSENT: 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 History: City staff received a request from Budget Rent A Car System, Inc to renew the concession agreement for space used to supply an adequate number of late model automobiles that are in good mechanical condition and appearance for the operation of an automobile rental business at Airport at rates comparable to those generally prevailing in the San Angelo area. Because ground transportation is an essential service to Airport passengers and to other patrons of the Airport, it is the intent and desire of City Staff that air passengers have available to them, a choice of various ground transportation services, any one of which they shall have the right to select and use, including the automobile rental business operated and conducted by Concessionaire Summary: This Concession Agreement is for a term of three (5) years beginning September 1, 2013, and expiring August 31, 2018. All of the terms and rates coincide with the airport’s approved rates and charges. Financial Impact: Concessionaire agrees to pay to Lessor, for use of the demised premises and for the rights and privileges granted herein, a minimum guarantee of TWELVE THOUSAND DOLLARS ($12,000.00) a year or an amount equal to ten percent (10.0%) of Concessionaire's annual gross receipts, as defined herein, which are derived from its operation of automobile rental service at the Airport, whichever is greater Related Vision Item Provide Adequate Amenities for the Airport. Other Information/ Recommendation: Staff recommends approval Attachments: Agreement Presentation: None Publication: None Reviewed by Director: Luis Elguezabal, A.A.E., Airport, 06-25-13 Approved by Legal: Submitted to City Attorney for Approval
  • 64. CONCESSION AGREEMENT THIS CONCESSION AGREEMENT (hereinafter referred to as “Agreement”) is made and entered into by and between the CITY OF SAN ANGELO, a Texas home rule municipal corporation under the laws of the State of Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "Lessor"), and Budget Rent A Car System, Inc., a Delaware Corporation authorized by the Secretary of State to conduct business in Texas, with its principal place of business located at 6 Sylvan Way, Parsippany, New Jersey 07054(hereinafter referred to as "Concessionaire" or “Lessee”). Lessor owns and operates the San Angelo Regional Airport-Mathis Field, located in Tom Green County, Texas (hereinafter called the "Airport"), and Concessionaire is engaged in an operation to supply an adequate number of late model automobiles that are in good mechanical condition and appearance for the operation of an automobile rental business at Airport at rates comparable to those generally prevailing in the San Angelo area. Because ground transportation is an essential service to Airport passengers and to other patrons of the Airport, it is the intent and desire of Lessor that air passengers have available to them, twenty-four (24) hours a day, seven days a week, a choice of various ground transportation services, any one of which they shall have the right to select and use, including the automobile rental business operated and conducted by Concessionaire. For and in consideration of the premises and of the mutual terms, conditions and covenants of this Agreement, and other valuable consideration, Lessor does hereby demise and let unto Concessionaire, and Concessionaire does hereby lease and accept from Lessor, certain Airport property, together with improvements thereon (hereinafter called "demised premises"), and certain attendant privileges, uses and rights, as follows: 1. PREMISES AND PRIVILEGES 1.1 DESCRIPTION OF DEMISED PREMISES. The premises conveyed by this Concession Agreement shall be as follows: 1.1.1 Counter areas in the terminal building, as shown on the terminal building floor plan, which is available for review in the office of the Airport Director; and 1.1.2 Ready car and return car check-in parking positions, which shall be assigned and designated by the Airport Director. Lessor reserves the right to change the location and number of allocated spaces. It is further agreed that the passenger terminal parking lot will not be used for rental automobile or employee parking and Lessor may withdraw ready car spaces on a one-for-one basis for each rental or employee automobile that is observed in the public parking lot. 1.2 DESCRIPTION OF PRIVILEGES, USES AND RIGHTS. Lessor hereby grants to Concessionaire the following privileges, uses and rights, all of which shall be subject to the terms, conditions and covenants hereinafter set forth:
  • 65. 1.2.1 The right, non-exclusive license and privilege to operate an automobile rental service at the Airport for the purpose of renting automobiles to airline passengers and such other persons who may request such service at the Airport; 1.2.2 The right of ingress to and egress from the demised premises over and across public roadways serving the passenger terminal building by Concessionaire, its agents and servants, patrons and invitees, suppliers of services and furnishers of material; 1.2.3 The right, at Concessionaire's sole expense, to install and thereafter operate and maintain signs advertising Concessionaire's business on demised premises, and at such other place or places in or upon the Airport as may be mutually agreed upon by the parties hereto in compliance with the Sign Ordinance, Chapter 12, Article 12.600 et seq. of the Code of Ordinances of the City of San Angelo, Texas; 1.2.4 The right, upon any termination of this Agreement, and within a ten (10) day period thereafter, to remove such items, equipment, trade fixtures, and other non-attached improvements as may have been installed in or upon the demised premises by the Concessionaire. 2. TERM 2.1 TERM. This Concession Agreement is for a term of five (5) years beginning September 1, 2013, and expiring August 31, 2018. 2.2 HOLDOVER. Any holding over by Concessionaire of the demised premises after expiration of this Agreement shall be construed only as a tenancy from month to month, with privileges and obligations of parties extended from month to month, terminable at the will of Lessor. During this period, rent shall be in accordance with paragraph 3.1. 3. RENT 3.1 AMOUNT. For the period from September 1, 2013, through August 31, 2018, Concessionaire agrees to pay to Lessor, for use of the demised premises and for the rights and privileges granted herein, a minimum guarantee of TWELVE THOUSAND DOLLARS ($12,000.00) a year or an amount equal to ten percent (10.0%) of Concessionaire's annual gross receipts, as defined herein, which are derived from its operation of automobile rental service at the Airport, whichever is greater. Payment of the gross receipt percentage or minimum guarantee, whichever is greater, shall be made monthly, prorated, on or before the 12th day of each month from and after commencement of operations hereunder. A verifiable report of all gross receipts derived from the business transacted by Concessionaire at the Airport during the preceding calendar month shall be submitted on forms acceptable to Lessor and shall be accompanied by payment to the Lessor of one twelfth (1/12) of the guaranteed annual minimum, to wit: ONE THOUSAND AND NO/100 DOLLARS ($1,000.00), or ten percent (10.0%) of
  • 66. the monthly gross receipts for the preceding calendar month, whichever amount is greater. The term "gross receipts", as used herein, shall mean and include time and mileage charges paid or payable to Concessionaire for rental of automobiles, whether received by cash or credit, regardless of when, where or through whom the order is received, including all revenue derived by Concessionaire arising out of or in connection with Concessionaire's operation at the Airport. The following items shall be excluded: 3.1.1 Charges to customers for refueling a vehicle when the customer is obligated to return the vehicle with the same amount of fuel furnished; 3.1.2 Charges for collision damage waiver, personal accident insurance and personal effects coverage; 3.1.3 Refundable deposits except those forfeited and claimed by the Concessionaire in lieu of rental charges; 3.1.4 Collections from customers or insurers for vehicle damage and repair; 3.1.5 Any federal, state or local taxes which are separately stated and collected by the Concessionaire; however, no deductions from gross receipts shall be allowed from taxes levied on concession activities, equipment or real or personal property of Concessionaire; and 3.1.6 Receipts from the sale of vehicles previously used in Concessionaire's rental fleet. 3.2 PLACE OF PAYMENT. All fees and rentals shall be delivered to Lessor at: City of San Angelo Airport, 8618 Terminal Circle, Suite 101, San Angelo, Texas 76904, Attention: Airport Director. 3.3 LATE FEES. Concessionaire shall pay to Lessor a late fee as provided by Chapter 1, Article 1.800, Section 1.802, and Appendix A, Article 10.00, Section 10.200 of the Code of Ordinances of the City of San Angelo, for any fee or rent not fully paid when due. 3.4 ABATEMENT OF MINIMUM ANNUAL GUARANTEE. As long as Concessionaire is not in default of any of the terms and conditions of this Agreement, the minimum annual guarantee set forth above shall be abated on a monthly basis to the extent, in an amount, and for a term to be set by the Airport Advisory Board of the City of San Angelo at a meeting called for such purpose, if during the term hereof, through no fault of Concessionaire, either or both of the following conditions should occur: 3.4.1 The number of monthly passengers deplaning in a particular month on scheduled airline flights at the Airport shall be less than seventy-five percent (75%) of the number of deplaning passengers as compared with the monthly average of deplaned passengers for that month in the preceding year, and/or
  • 67. 3.4.2 The business of Concessionaire authorized hereunder shall be affected by shortage or other disruptions in the supply of automobiles, gasoline or other goods necessary for the operation of Concessionaire's business which results in a twenty-five percent (25%) or greater reduction in monthly gross receipts of Concessionaire hereunder as compared with the same month during the preceding calendar year. 3.5 BOOKS AND RECORDS. Concessionaire agrees that it will keep or cause to be kept true, accurate and complete records of business conducted hereunder, and Concessionaire further agrees that Lessor shall have the right, through its duly authorized agents or representatives to examine all pertinent records at a reasonable time, for the purpose of auditing to determine the accuracy thereof. 4. SPECIAL CONDITIONS. This Agreement is entered into subject to the following conditions which are accepted and agreed to by Concessionaire: 4.1 PREMISES 4.1.1 The demised premises have been examined by Concessionaire, and are accepted by Concessionaire “AS IS” and WITHOUT EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Concessionaire is familiar with the demised premises and Airport facilities and deems them as suitable for the purpose for operating an automobile rental service. 4.1.2 The right to use the public Airport facilities is shared in common with others, and shall be used subject to all laws, rules, and regulations of the United States, the State of Texas, and the City of San Angelo, now in existence or hereafter enacted. 4.1.3 The right to operate an automobile rental service on Airport premises granted herein is non-exclusive. Lessor shall have the right to deal with and perfect arrangements with any other individual, company or corporation for engaging in like activity on Airport premises subject to substantially the same conditions and terms binding Concessionaire herein. 4.1.4 The premises demised to Concessionaire shall remain open for such periods during each day and such days during each week as may be necessary to meet reasonable demands for said services. Concessionaire may install on the demised premises or at such other places as the parties may agree upon, a direct telephone line for the purpose of supplying automobile rental service to airport patrons during the periods when the airport terminal facilities are closed. 4.1.5 Concessionaire shall permit the installation on its demised premises of the Airport public address system and the reception thereon of flight
  • 68. announcements and other information if Lessor deems such installation necessary. 4.2 RULES AND REGULATIONS 4.2.1 Concessionaire shall abide by and be subject to all laws and reasonable rules and regulations which are now, or may from time to time be formulated by Lessor concerning management, operation or use of the Airport. 4.2.2 Concessionaire shall not discriminate against any employee or applicant for employment because of race, color, creed, sex, age or national origin. Concessionaire agrees to take affirmative action to ensure that applicants are employed and that employees are tested during employment without regard to their race, creed, color, sex, age or national origin. Such action shall include but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 4.2.3 Concessionaire agrees to comply fully with the Americans with Disabilities Act insofar as such act does not require construction or alteration of the premises. 4.2.4 Concessionaire shall prohibit its agents, servants, and employees from engaging in the solicitation of its automobile rental services on or about the Airport in a loud, boisterous, offensive or objectionable manner. In the event of questionable conduct in such solicitation, the Airport Director shall be sole judge in determining if said conduct is a violation of this paragraph; and upon notice from the Airport Director, Concessionaire shall immediately take all steps necessary to eliminate the undesirable condition. 4.2.5 Concessionaire, its agents, servants and employees shall maintain a friendly and cooperative, though competitive, relationship with other companies engaged in like business on said Airport. Concessionaire shall not engage in open public disputes, disagreements, or conflicts which would tend to deteriorate the quality of the automobile rental service of Concessionaire or its competitors or which would be incompatible with the best interest of the public at the Airport. Lessor shall have the right to resolve all such disputes, disagreements or conflicts, and its determination of or the manner in which Concessionaire shall thereafter operate shall be binding upon Concessionaire. 4.3 SERVICE 4.3.1 Concessionaire shall furnish good, prompt and efficient service, adequate to meet all reasonable demands for automobile rental service at the
  • 69. Airport, on a fair and reasonable basis and charge prices for such services in accordance with automobile rental industry standards. 4.3.2 Concessionaire shall use its best efforts to develop and increase the business of the rental of automobiles at the Airport and will not divert or cause or allow to be diverted any automobile rentals from its place of business at the Airport to any other location not at the Airport. Automobiles shall be deemed to be rented at the Airport and the rentals thereof included in gross revenues if the automobile is delivered to the customer at the Airport. 4.4 MAINTENANCE 4.4.1 Rental automobiles made available hereunder shall be maintained at Concessionaire's sole expense, in good operative order, free from known mechanical defects, and in clean, neat and attractive condition, inside and outside. 4.4.2 Concessionaire shall, at its sole cost and expense, furnish, install, operate and maintain the demised premises and every part thereof; and shall maintain the furnishings, fixtures and equipment installed therein in good safe and serviceable condition at leaset as well as the furnishings, fixtures and equipment installed in the non-exclusive areas made available to Concessionaire are maintained. Concessionaire shall repair all damages caused by its employees, guests or invitees, or that otherwise result from its operation of the automobile rental service. Concessionaire shall repaint the demised premises as necessary to maintain its current condition or as otherwise desirable, after obtaining prior approval of the Lessor. 4.4.3 Lessor shall be the sole judge of the quality of maintenance; and upon written notice by Lessor to Concessionaire, Concessionaire shall perform whatever maintenance Lessor reasonably deems necessary. If said maintenance is not undertaken and pursued with due diligence by Concessionaire within ten (10) days after receipt of written notice, Lessor shall have the right to enter upon the demised premises and perform the necessary maintenance, the cost of which shall be assessed by Lessor as additional rent and borne by Concessionaire. 4.4.4 Upon termination of this Agreement, Concessionaire shall deliver the demised premises in good order, condition and repair, reasonable wear and tear excepted. 4.4.5 Concessionaire shall provide and use suitable covered metal receptacles for all garbage, trash or other refuse. Concessionaire shall not stack, store or keep boxes, cartons, barrels, or other similar items, in an unsightly or unsafe manner, on or about the demised premises, or permit the same. 4.5 COSTS AND FEES
  • 70. 4.5.1 Concessionaire shall bear, at its own expense, all costs of operating the concession and shall pay, in addition to rental, all other costs connected with the use of the demised premises and facilities, including but not limited to, maintenance, insurance, any and all taxes, all permit fees and license fees, and assessments lawfully levied or assessed upon the personal property and demised premises or structures and improvements situated thereon. 4.5.2 Concessionaire shall secure, at its own expense, all permits and licenses required by law. 4.5.3 Concessionaire shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this Agreement may be levied on or assessed against the demised premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Concessionaire, or to which either of them may become liable. Concessionaire 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 CONCESSIONAIRE AGREES TO INDEMNIFY AND SAVE HARMLESS LESSOR FROM ALL SUCH TAXES, CHARGES AND ASSESSMENTS. 4.6 OTHER SALES 4.6.1 Concessionaire shall not sell or dispense petroleum products, or perform motor vehicle repair services or related services on the Leased Premises; provided however, upon sufficient or desirable space being deemed available as determined by Lessor, the parties may negotiate and execute a separate lease agreement pursuant to which Concessionaire may lease space or facilities on the Airport premises for dispensing of petroleum products and servicing vehicles owned or controlled by Concessionaire that are used in conjunction with the automobile rental concession granted hereunde. 4.6.2 Concessionaire shall neither install nor operate on the demised premises vending machines or coin operated amusement machines or devices. Lessor specifically reserves the right to arrange for installation of such pay telephones as Concessionaire may require and to secure the income therefrom. 4.6.3 Insofar as permitted by law, Concessionaire may offer trip insurance covering, accidental loss of life, accidental injury, medical expenses, or property damage, limited only to customers leasing Concessionaire's vehicles and excluding air travel insurance protection. 4.6.4 Concessionaire shall not represent on the Airport premises in any fashion any other automobile rental business, firm or affiliation. Specifically, Concessionaire shall not by advertisement, display, telephone number,
  • 71. telephone listing, contract, understanding or in any other manner represent itself as an agent, affiliate or representative on the Airport premises of another automobile rental business. 5. INSURANCE AND INDEMNIFICATION 5A. INSURANCE. 5.1 General Conditions. The following conditions shall apply to all insurance policies obtained by CONCESSIONAIRE for the purpose of complying with this Agreement. 5.1.1 Satisfactory Companies. Coverage shall be maintained with insurers and under forms of policies satisfactory to City and with insurers licensed to do business in Texas. 5.1.2 Named Insureds. All insurance policies required herein shall be drawn in the name of CONCESSIONAIRE, with City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees named as additional insureds, except on Workers’ Compensation coverage. 5.1.3 Waiver of Subrogation. CONCESSIONAIRE shall require its insurance carrier(s), with respect to all insurance policies, to waive all rights of subrogation against City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees. Lessor shall waive all claims against CONCESSIONAIRE for damages covered normally by Fire and Casualty damage insurance with standard extended coverage.
  • 72. 5.1.4 Certificates of Insurance. At or before the time of execution of this Agreement, CONCESSIONAIRE shall furnish City’s Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverage and limits of insurance. All certificates of insurance shall clearly state that all applicable requirements have been satisfied. The certificates shall provide that any company issuing an insurance policy shall provide to City not less than thirty (30) days advance notice in writing of cancellation, non- renewal or material change in the policy of insurance. In addition, CONCESSIONAIRE and insurance company shall immediately provide written notice to City’s Risk Manager upon receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. Copies of required endorsements will be attached to the certificates to confirm the required endorsements are in effect. Certificates of insurance and notices of cancellations, terminations or alterations shall be furnished to City’s Risk Manager at City Hall, 72 West College, San Angelo, Texas 76903. 5.1.5 CONCESSIONAIRE’S Liability. The procurement of such policy of insurance shall not be construed to be a limitation upon CONCESSIONAIRE’S liability or as a full performance on its part of the indemnification provisions of this Agreement. CONCESSIONAIRE’S obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury or loss caused by or attributable to its activities conducted at, about or upon the Premises. Failure of CONCESSIONAIRE to maintain adequate coverage shall not relieve CONCESSIONAIRE of any contractual responsibility or obligation. 5.1.6 Sub Contractors’ Insurance. CONCESSIONAIRE shall cause each Sub Contractor of CONCESSIONAIRE to purchase and maintain insurance of the types and in the amounts specified below. CONCESSIONAIRE shall require Sub Contractors to furnish copies of certificates of insurance to Lessor’s Risk Management Department evidencing coverage for each Sub Contractor. 5.2 Types and Amounts of Insurance Required. CONCESSIONAIRE shall obtain and continuously maintain in effect at all times during the term hereof, at CONCESSIONAIRE’S sole expense, insurance coverage as follows with limits not less than those set forth below: 5.2.1 Commercial General Liability or equivalent Aviation Liability. This policy shall be an occurrence-type policy, and shall protect the CONCESSIONAIRE and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than the CONCESSIONAIRE’S employees) and damage to property of the City or others arising out of the act or omission of the CONCESSIONAIRE or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by CONCESSIONAIRE under the paragraph of this Agreement entitled “Indemnification,” including
  • 73. completed operations, products liability, contractual coverage, broad form property coverage, explosion, collapse, underground, premises/operations, and independent contractors (to remain in force for two years after final payment). Coverage shall not be less than: $ 2,000,000.00 General Aggregate $ 1,000,000.00 Products- Completed Operations Aggregate $ 1,000,000.00 Personal & Advertising Injury $ 1,000,000.00 Each Occurrence $ 500,000.00 Fire Damage (any one fire) 5.2.2 Business Automobile Liability. This policy shall be written in comprehensive form and shall protect CONCESSIONAIRE and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles and shall cover operation on and off the Premises of all motor vehicles licensed for highway use, whether they are owned, non-owned or hired. Coverage shall not be less than: $ 1,000,000.00 Combined Single Limit 5.2.3 Workers’ Compensation and Employer’s Liability. If CONCESSIONAIRE hires any employees, CONCESSIONAIRE shall maintain Workers’ Compensation and Employer’s Liability insurance, which shall protect the CONCESSIONAIRE against all claims under applicable state workers’ compensation laws and employer’s liability. The insured shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of a workers’ compensation law. Coverage shall not be less than: Statutory Amount Workers’ Compensation $ 500.000.00 Employer’s Liability, Each Accident $ 500,000.00 Employer’s Liability, Disease - Policy Limit $ 500,000.00 Employer’s Liability, Disease – Each Employee The foregoing requirement will not be applicable if, and so long as, CONCESSIONAIRE qualifies as a self-insurer under the rules and regulations of the commission or agency administering the workers’ compensation program in Texas and furnishes evidence of such qualification to Lessor in accordance with the notice provisions of this Agreement. If CONCESSIONAIRE uses contract labor, CONCESSIONAIRE shall require its contractor to maintain the above referenced coverage and furnish copies of certificates of insurance as required herein.
  • 74. 5.2.4 Environmental Liability. This insurance shall be maintained in force for the full period of this Contract and cover losses caused by pollution conditions including, but not limited to, any spill, underground pollution or any other environmental impairment. It shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically injured; cleanup costs; including, but not limited to, any costs required under CERCLA; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. If coverage is written on a claims made basis, CONCESSIONAIRE warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning from the time the Contract has expired. Coverage shall not be less than: $2,000,000.00 per loss $1,000,000.00 Annual aggregate 5.B INDEMNIFICATION. CONCESSIONAIRE AGREES TO INDEMNIFY, DEFEND, REIMBURSE AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF CONCESSIONAIRE OR CITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF CONCESSIONAIRE, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONCESSIONAIRE AND ANY OTHER ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS AGREEMENT OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY CONCESSIONAIRE HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS AGREEMENT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE CONCESSIONAIRE TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 6. DAMAGE OR DESTRUCTION OF PREMISES 6.1 If the demised premises are partially damaged by fire, explosion, the elements, public enemy, or other casualty, but not rendered untenantable, the same will be repaired with due diligence by Lessor at its own cost and expense.
  • 75. 6.2 If the damage shall be so extensive as to render such premises untenantable, but capable of being repaired in thirty (30) days, the same shall be repaired with due diligence by Lessor at its own cost and expense and the rent payable herein shall be paid proportionately to the time of such damage and thereafter cease until such time as the premises are again tenantable. 6.3 In the event said premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty, or so damaged that they will remain untenantable for more than thirty (30) days, Lessor shall be under no obligation to repair and reconstruct the premises, and rent payable hereunder shall be paid proportionately to the time of such damage or destruction and shall thereafter cease until such time as the premises may be fully restored. If within twelve (12) months after the time of such damage or destruction said demised premises shall not have been repaired or reconstructed, Concessionaire may give Lessor written notice of its intention to terminate this Agreement effective from the date of such damage or destruction. 7. TERMINATION OF AGREEMENT, CANCELLATION, ASSIGNMENT AND TRANSFER 7.1 TERMINATION. This Agreement shall terminate at the end of the full term or any extension thereof, at which time Concessionaire shall have no further right or interest in any of the Premises, lands, areas, or improvements hereby demised, and the rights, privileges and license granted Concessionaire hereunder shall expire, 7.2 CANCELLATION BY CONCESSIONAIRE. This Agreement shall be subject to cancellation by Concessionaire on the occurrence of one or more of the following events: 7.2.1 The permanent abandonment of the Airport as an air terminal; 7.2.2 The lawful assumption by the United States government or any authorized agency thereof, of the operation, control, or use of the Airport, or any substantial part or parts thereof, in such a manner as to substantially restrict Concessionaire for a period of at least ninety (90) days from operation thereon; 7.2.3 Issuance, by any court of competent jurisdiction, of an injunction in any way preventing or restraining the use of the Airport for commercial airline passenger travel for a period of at least ninety (90) days; 7.2.4 The default by Lessor in the performance of any covenant or agreement herein required to be performed by Lessor and the failure of Lessor to remedy such default for a period of sixty (60) days after receipt from Concessionaire of written notice to remedy the same; or 7.2.5 The complete destruction of the demised premises as outlined in Article 6.
  • 76. 7.3 CANCELLATION BY LESSOR. This Agreement shall be subject to immediate cancellation by Lessor in the event Concessionaire shall: 7.3.1 Be in arrears in the payment of the whole or any part of the amounts agreed upon in Article 3 for a period of seven (7) days after receipt of written notice from Lessor of such arrearage; 7.3.2 Abandon the demised premises by Concessionaire; 7.3.3 Default in the performance of any of the covenants and conditions required herein (except rental payments) to be kept and performed by Concessionaire, and such default continues for a period of thirty (30) days after receipt of written notice from Lessor of said default; or 7.3.4 Be adjudged by Lessor of intent to deprive the Lessor of rental payments due and payable under this Agreement or be guilty of repeated or continued violations of the covenants and conditions required herein to be kept and performed by Concessionaire. 7.4 RE-ENTRY BY LESSOR AND COVENANT NOT TO SUE. Upon termination of this Agreement, Lessor may re-enter and take immediate possession of the demised premises and remove Concessionaire’s fixtures, equipment or effects, with or without process of law, without being deemed guilty of trespass. Lessor shall not be liable for any damages by reason of such re-entry or disposition of Concessionaire’s property. Concessionaire, on behalf of itself, its parents, subsidiaries, divisions, related companies, affiliated companies, licensees, independent contractors, assigns or other business related entities hereby unconditionally and irrevocably covenants to refrain from making any claim or demand or from commencing, causing, or permitting to be prosecuted any action in law or equity, against Lessor, or Lessor’s council members, board and commission members, officials, agents, contractors or employees relating directly or indirectly to Lessor’s re-entry upon the demised premises upon termination of this Agreement and Lessor’s taking possession of the demised premises as provided under this Part 7 “TERMINATION OF AGREEMENT, CANCELLATION, ASSIGNMENT AND TRANSFER”, to and including the removal and or disposal of Concessionaire’s personal property equipment and fixtures in Lessor’s discretion. 7.5 POSSESSION. Concessionaire agrees at the expiration or termination of this Agreement 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 demised premises and eject all parties therefrom without being guilty of trespass; all resulting damages are hereby waived by Concessionaire, and Concessionaire covenants not to claim or sue as hereinabove provided at subparagraph 7.4 “ENTRY BY LESSOR AND COVENANT NOT TO SUE”. 7.6 OTHER REMEDIES. Any termination of this Agreement arising from Concessionaire's default shall not relieve Concessionaire from the payment of any
  • 77. sum or sums that are due and payable to Lessor under this Agreement, or any claim for damages then or thereafter accruing against Concessionaire under this Agreement. 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 Concessionaire for any default under this Agreement. All rights, options, and remedies of Lessor contained in this Agreement or otherwise 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 Agreement. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this Agreement 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 Agreement. 7.7 REMOVAL OF IMPROVEMENTS. All equipment, machinery, trade fixtures and other non-attached improvements installed on the demised premises by Concessionaire shall remain the property of Concessionaire and may be removed at the termination of this Agreement, provided Concessionaire is not then in default in the performance of any of its obligations or covenants herein contained, and provided further that such removal will do no damage to the realty upon which such items are situated. It is understood and agreed, however, that improvements shall be held by the Lessor until all rentals due Lessor by Concessionaire shall have been paid, and should any amount remain unpaid for more than thirty (30) days after termination of this Agreement, the Lessor shall have the right to sell such 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 to pay the balance remaining, if any, to Concessionaire. All property remaining on the demised premises after the expiration of thirty (30) days following the termination of this Agreement, however terminated, shall be deemed abandoned by Concessionaire and shall become the property of Lessor. 7.8 ASSIGNMENT AND TRANSFER. Concessionaire shall not assign, transfer, or sublease this Agreement or the rights or demised premises hereunder without the prior written approval of Lessor. Unless acknowledged and approved in writing by the Lessor, any change in the controlling interest of corporate stock ownership of Concessionaire or its parent company shall constitute grounds for immediate termination of this Agreement by Lessor. 8. COOPERATION UPON TERMINATION 8.1 Upon the termination of this Agreement, through passage of time or otherwise, Concessionaire shall facilitate Lessor in all reasonable ways in continuing the operation of said automobile rental service on the Airport without interruption. 8.2 Concessionaire further agrees to sell any or all of the Concessionaire’s furniture, furnishings, fixtures and equipment installed or used upon said demised premises to Lessor should Lessor notify Concessionaire in writing ten (10) days before such termination date that it desires to purchase any or all of said furniture,
  • 78. furnishings, fixtures and equipment; and the purchase price shall be the fair market value of such items at the date of such termination. If the parties are unable to agree upon the fair market value, each party shall then appoint an appraiser; the two so appointed shall name a third appraiser; and the three appraisers so named shall determine the fair market value of such items, which determination shall be final and binding upon both parties hereto. 9. GENERAL PROVISIONS 9.1 CONFLICT BETWEEN CONCESSIONS. In the event of a conflict between Concessionaire and any other lessee or concessionaire in the Airport terminal building as to the services to be sold by respective concessionaires or lessees, Lessor shall decide which services may be sold by each concessionaire or lessee and Concessionaire agrees to be bound by such decision. 9.2 INSPECTION. Lessor, by its officers, employees, agents and representatives, shall have the right at all reasonable times to enter upon the demised premises for the purpose of inspecting same, for observing the performance by Concessionaire of its obligations hereunder, and for the doing of any act which Lessor may be obligated or have the right to do under this Agreement. 9.3 ATTORNEY'S FEES. In the event any action, suit or proceeding is brought to collect the rentals and fees, (or any portion thereof) due or to become due hereunder; to take possession of said concession space; to enforce compliance with this Agreement; or for failure to observe any of the covenants of this Agreement, Concessionaire shall pay Lessor such sum as the court may adjudge reasonable for attorney's fees to be allowed in said suit, action or proceeding. 9.4 RELATIONSHIP OF PARTIES. It is understood and agreed that nothing herein contained is intended or should be construed as creating or establishing a relationship of agency, co-partnership or joint venture between the parties hereto, or as appointing or designating the Concessionaire as the agent, representative or employee of the Lessor for any purpose or in any manner whatsoever. Concessionaire is to be and shall remain an independent contractor with respect to all services performed hereunder. 9.5 NO WAIVER. Failure of Lessor to insist in any instance upon a strict performance by Concessionaire of any of the provisions or terms of this Agreement shall not be considered as a waiver or relinquishment thereof for the future. No waiver by Lessor of any of the provisions or terms of this Agreement shall be deemed to have been made in any instance unless expressed in the form of a resolution by the City Council. 9.6 QUIET ENJOYMENT. Lessor agrees that Concessionaire, upon payment of rent and all other charges and upon observation of all of the terms and conditions of this Agreement, shall lawfully and quietly hold, occupy, and enjoy the demised premises during the full term of this Agreement without hindrance from Lessor or anyone claiming by, through or under Lessor, subject, however, to Concessionaire
  • 79. holding and enjoying said premises under conditions which may reasonably be anticipated in connection with the operation of aircraft or an airport. 9.7 INVALID OR ILLEGAL PROVISIONS. If any one or more provisions of this Agreement are for any reason held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability will not affect any other provision of the Agreement, which will be construed as if it had not included the invalid, illegal or unenforceable provision. 9.8 PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience and reference and are not intended to define, extend or limit the scope of any provision of this Agreement. 9.9 NOTICES. Any notice required or permitted under this Agreement shall be deemed sufficiently given if it is in writing and personally delivered, sent by overnight express delivery service or deposited in the United States mail, postage prepaid and sent by registered or certified mail (return receipt requested) to the party to which said notice is to be given. Notices delivered in person, or by overnight express delivery service, shall be deemed to be served effective as of the date the notice is delivered. Notices sent by registered or certified mail (return receipt requested) shall be deemed to be served seventy-two (72) hours after the date said notice is postmarked to the addressee, postage prepaid. Until changed by written notice given by one party to the other, the addresses of the parties shall be as follows: LESSOR: CITY OF SAN ANGELO San Angelo Municipal Airport Attn: Airport Director 8618 Terminal Circle, Suite 101 San Angelo, Texas 76904 With copies to: City Attorney’s Office 72 W. College San Angelo, Texas 76903 CONCESSIONAIRE: BUDGET RENT A CAR SYSTEM, INC. Attn: Robert Bouta 6 Sylvan Way Parsippany, New Jersey 07054
  • 80. With copies to: Bridget Biagas Director of Properties P.O. Box 612707 DFW Airport, Texas 75261 9.10 SUBORDINATION. This Agreement shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States relative to the operation or maintenance of the Airport. 9.11 SUCCESSORS AND ASSIGNS. All of the terms, covenants and agreements herein contained shall be binding upon and shall inure to the benefit of successors and assigns, provided Concessionaire has previously received written approval from Lessor in accordance with Paragraph 7.8 herein, to assign, transfer or sublease its rights and demised premises. 9.12 AMENDMENT. No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto or their respective successors or legal representatives. 9.13 VENUE. This Agreement is governed by the laws of the State of Texas. Venue for any suit or claim or cause of action arising out of or related to this Agreement shall be in Tom Green County, Texas. 9.14 SURVIVAL OF REMEDIES. The provisions relating to keeping of books and records, audit by Lessor, insurance, indemnity, hold harmless, re-entry by Lessor, cooperation of Concessionaire upon termination and applicable law and venue shall survive the expiration or termination of this Agreement to the extent needed to enable the Parties to pursue the remedies and benefits provided for in those provisions. 9.15 ENTIRE AGREEMENT. This Agreement constitutes and contains the entire agreement between the parties hereto. Any oral representations or modifications hereinbefore or hereinafter made concerning this Agreement shall be of no force and effect, provided however, that this Agreement may be amended by the parties
  • 81. as provided herein. EXECUTED in duplicate originals on this the ____ day of _____________, 2013. LESSOR CITY OF SAN ANGELO, Texas ATTEST: By: _______________________________ Daniel Valenzuela, City Manager _____________________________ Alicia Ramirez, City Clerk THE STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the ______ day of _______________, 2013, by DANIEL VALENZUELA, City Manager of the CITY OF SAN ANGELO, a Texas home rule municipal corporation, on behalf of said corporation. ___________________________________ Notary Public, State of Texas CONCESSIONAIRE / LESSEE: BUDGET RENT A CAR SYSTEM, INC. By: ______________________________ Its: THE STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the ______ day of ____________, 2012, by as for BUDGET RENT A CAR SYSTEM, INC. __________________________________ Notary Public, State of Texas
  • 82. Approved as to Content Approved as to Form ___________________________ __________________________________ Luis Elguezabal, Airport Director Dan T. Saluri, Sr. Assistant City Attorney
  • 83. City of San Angelo Memo Date: Sept. 3, 2013 To: Mayor and Councilmembers From: Angelica Pena, Civic Events Manager Manager Subject: Agenda Item for September. 17, 2013, Council Meeting Contact: Angelica Pena, Civic Events Manager Caption: Consent Item 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 United Way campaign in 2014. Summary: The City of San Angelo encourages its employees to contribute to the United Way campaign because of the resulting benefits to the community. As a result, City management would like to continue an incentive to employees who make significant contributions to the campaign. History: The United Way raises approximately $2 million annually that is used to support 17 local programs, including the Concho Valley Regional Food Bank, San Angelo Day Nursery, Children’s Emergency Shelter, and the Adult Enrichment Center. Those served by United Way- supported programs include the elderly, abused and neglected children, and battered women. There is no doubt the services funded by the United Way campaign have far-reaching, life- transforming impacts in our community. The City of San Angelo is among the most important organizations to the United Way’s annual campaign. Last year, the City raised $95,763 and the previous year raised $97,818. The City is interested in seeing that the organization grow its contribution to the United Way effort. In hopes of encouraging City employees to donate to the campaign, the City of San Angelo United Way committee proposes continuing to give a day off to employees who pledge a “care share” contribution, which is the equivalent of one hour’s pay each month and to continue to give two days off to employees who pledge a “double care share” contribution, the equivalent of two hours’ pay each month; or greater. This “United Way Day” must be taken in the calendar year the donation was made. “United Way Days” are not carried over to the new year. Upon separation, the City does not pay an employee for accrued United Way time.
  • 84. Financial Impact: In 2013, the United Way received an estimated $81,265.39 from contributions eligible for this benefit. Number of Contributions* Eligible United Way Contributions Care Share 174 $ 40,576.03 Double Care Share 70 $ 31,001.12 Front Runners 8 $ 9,688.24 Total Eligible United Way Contributions $ 81,265.39 *Note: The number of care share, double care share, and front runner contributions were estimated to remain the same from 2013 to 2014. The City of San Angelo’s cost to continue this benefit would be approximately $84,381.75 Number of Contributions Cost of One Day Off for Eligible Contributions Care Share 174 $ 42,207.59 Double Care Share 70 $ 35,523.20 Front Runners 8 $ 6,650.96 Total Cost of One Day Off for Eligible Contributions $ 84,381.75 Other Information/Recommendation: None. Attachments: None. Presentation: None. Reviewed by Director:
  • 85. Adopted: 5/30/03 Revised: 1/16/08 City of San Angelo Memo Date: 8/13/13 To: Mayor and Councilmembers From: Tim Vasquez, Chief of Police Subject: Agenda Item for September 17, 2013 Council Meeting Contact: Chief Tim Vasquez, 657-4336 Caption: Consent Agenda Item 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 Summary: The Interlocal agreement is a Memorandum of Understanding between the City of San Angelo (local government) and the Concho Valley Council of Governments (RPC). The RPC has developed a strategic plan to establish and operate 9-1-1 service in State Planning Region 10, and the Commission of State emergency Communications has approved its current strategic plan. History: The City of San Angelo Public Safety Answering Point assists the RPC in implementing their strategic plan for operation of 9-1-1 services in Tom Green County. The MOU is reviewed every two years. This agreement will be in effect from 9/1/13 until 8/31/15. Financial Impact: There is no additional financial impact to the City of San Angelo. Other Information/Recommendation: Staff recommends approval of the stated caption. Attachments: Interlocal Agreement Presentation: none Reviewed by Service Area Director: Chief Tim Vasquez, Police Department, 8/13/13
  • 86. Rev 07/01/13 INTERLOCAL AGREEMENT FOR E9-1-1 PUBLIC SAFETY ANSWERING POINT SERVICES Article 1: Parties & Purpose 1.1 The Concho Valley Council of Governments is a regional planning commission and political subdivision of the State of Texas organized and operating under the Texas Regional Planning Act of 1965, as amended, Chapter 391 of the Local Government Code (RPC). The RPC has developed a Strategic Plan to establish and operate 9-1-1 service (Strategic Plan) in State Planning Region 10 (Region), and the Commission on State Emergency Communications (Commission) has approved its current Strategic Plan. 1.2 City of San Angelo (Local Government) is a home rule municipality of the State of Texas, that operates Public Safety Answering Points (PSAP) that assists in implementing the Strategic Plan as approved by the Commission. 1.3 The Commission, as authorized by Health & Safety Code, Chapter 771, is the oversight and funding authority for regional planning commissions implementing 9-1-1 service. 1.4 The Contract for 9-1-1 Services between the Commission and the RPC requires the RPC to execute interlocal agreements with local governments relating to the planning, development, operation, and provision of 9-1-1 service, the use of wireline and wireless 9-1-1 fees and equalization surcharge appropriated to the Commission and granted to the RPC (9-1-1 Funds) and adherence to Applicable Law. Article 2: Applicable Law 2.1 Applicable laws include, but are not limited to, the Texas Health and Safety Code Chapter 771; Commission Rules (Title 1, Part 12, Texas Administrative Code) and Program Policy Statements; the biennial state General Appropriations Act, Texas Government Code (including Uniform Grant and Contract Management Standards [UGMS]), Chapter 783 and Title 1, Part 1, Chapter 5, Subchapter A, Division 4, Texas Administrative Code; Preservation and Management of Local Government Records Act, Chapter 441, Subchapter J; and Resolution of Certain Contract Claims Against the State, Chapter 2260); Texas Local Government Code (including Regional Planning Commissions Act, Chapter 391). 2.2 Any new or amended policy or procedure, other than an adopted rule, shall be enforceable against the Local Government 30 days following the date of its adoption unless the RPC finds and declares that an emergency exists which requires that such policy or procedure be enforceable immediately. The RPC shall provide the Local Government written notice of all new or amended policies, procedures or interpretations of Commission rules within a reasonable time after adoption, and in any event at least
  • 87. Rev. 07/01/13 2 10 days prior to the time such policies or procedures are enforceable against the Local Government. Article 3: Deliverables 3.1 The Local Government agrees to: 3.1.1 Operate and maintain the San Angelo Communications Center located at 323 E. Beauregard and the San Angelo Emergency Operations Center located at 8485 Hanger Road, San Angelo, Texas PSAPs. 3.1.2 Provide 9-1-1 public safety answering service 24 hours per day, seven days per week; and 3.1.3 Cooperate with the RPC in providing and maintaining suitable PSAP space meeting all technical requirements. 3.2 Ownership, Transference & Disposition of Equipment 3.2.1. The RPC and the Local Government shall comply with Applicable Law, in regards to the ownership, transfer of ownership, and/or control of equipment acquired with 9-1-1 Funds in connection with the provision of 9-1-1 service (9-1-1 equipment). 3.2.2 The RPC shall establish ownership of all 9-1-1 equipment located within the Local Government’s jurisdiction. The RPC agrees to transfer ownership to the Local Government according to established policy. 3.2.3 The Local Government shall ensure that sufficient controls and security exist by which to protect and safeguard the 9-1-1 equipment against loss, damage or theft. 3.2.4 Ownership and transfer-of-ownership documents shall be prepared by the RPC and signed by both parties upon establishing ownership or transference of ownership of any such 9-1-1 equipment in accordance with UGMS and the State Comptroller of Public Accounts. Sample forms are provided as Attachments A and B to this Agreement. 3.2.5 Replacement insurance on 9-1-1 equipment shall be purchased and maintained by City of San Angelo and proof of insurance shall be provided upon request. 3.2.6 The RPC and/or the Commission shall be reimbursed by the Local Government for any damage to 9-1-1 equipment other than ordinary wear and tear.
  • 88. Rev. 07/01/13 3 3.3 Inventory 3.3.1 The RPC shall maintain a current inventory of all 9-1-1 equipment consistent with Applicable Law; 3.3.2 All 9-1-1 equipment shall be tagged with identification labels. 3.3.3 Any lost or stolen 9-1-1 equipment shall be reported to the RPC as soon as possible. 3.4 Security 3.4.1 The Local Government shall limit access to all 9-1-1 equipment and related data only to authorized personnel. 3.5 Training 3.5.1 The Local Government shall notify the RPC of any new 9-1-1 call takers and schedule for applicable training as soon as possible. 3.6 Operations The Local Government shall: 3.6.1 Designate a PSAP supervisor and provide related contact information to the RPC; 3.6.2 Monitor and test the 9-1-1 equipment monthly and report any failures or maintenance issues immediately to the appropriate maintenance vendor and the RPC; 3.6.3 Coordinate with the RPC and local elected officials in the planning for and implementation and operation of all 9-1-1 equipment; 3.6.4 Allow 24-hour access to the 9-1-1 equipment for repair and maintenance service, as required; 3.6.5 Assist the RPC in conducting inspections of all 9-1-1 equipment at the PSAP as identified by the RPC for quality assurance; 3.6.6 Test all Telecommunications Devices for the Deaf (TDD) for proper operation; 3.6.7 Log all TDD 9-1-1 calls and equipment testing as required by the Americans with Disabilities Act of 1990;
  • 89. Rev. 07/01/13 4 3.6.8 Trouble Tickets will be opened with the appropriate maintenance vendor and reported to the RPC as required by the RPC; 3.6.9 Make NO changes to 9-1-1 equipment, software or programs without prior written consent from the RPC. Article 4: Performance Monitoring 4.1 The RPC and the Commission reserve the right to perform on-site monitoring of the PSAP(s) for compliance with Applicable Law and performance of the deliverables specified in this Agreement. The Local Government agrees to fully cooperate with all monitoring requests from the RPC and/or the Commission for such purposes. Article 5: Procurement 5.1 The RPC and the Local Government agree to use competitive procurement practices and procedures required by Applicable Law and RPC procurement policies in connection with any procurement to be funded with 9-1-1 Funds. 5.2 The RPC shall purchase supplies necessary for performance of the deliverables per this Agreement. Article 6: Financial 6.1 As authorized by Applicable Law, the provisioning of 9-1-1 service throughout the Region is funded by Commission grants of appropriated 9-1-1 Funds. 6.2 The RPC will provide 9-1-1 Funds to the Local Government on a cost reimbursement basis using a monitoring process that provides assurance that the reimbursement requests from the Local Government are complete, accurate, and appropriate. 6.3 The RPC may withhold, decrease, or seek reimbursement of 9-1-1 Funds in the event that those 9-1-1 Funds were used in noncompliance with Applicable Law. 6.4 The Local Government shall reimburse the RPC and/or the Commission, as applicable, any 9-1-1 Funds used in noncompliance with Applicable Law. 6.5 Such reimbursement of 9-1-1 Funds to the RPC and/or the Commission, as applicable, shall be made by the Local Government within 60 days after demand by the RPC, unless an alternative repayment plan is approved by the RPC and then submitted to the Commission for approval.
  • 90. Rev. 07/01/13 5 6.6 The Local Government commits to providing 9-1-1 services as a condition to receiving 9-1-1 Funds as prescribed by the RPC’s Strategic Plan and any amendments thereto. Article 7: Records 7.1 The Local Government will maintain adequate fiscal records and supporting documentation of all 9-1-1 Funds reimbursed to the Local Government for 9-1-1 service consistent with Applicable Law and generally accepted accounting principles and as approved in the RPC’s current approved Strategic Plan; 7.2 The RPC or its duly authorized representative shall have access to and the right to examine and audit all books, accounts, records, files, and/or other papers or property pertaining to the 9-1-1 service belonging to or in use by the Local Government, the PSAP, or by any other entity that has performed or will perform services related to this Agreement. 7.3 The Commission and State Auditor’s Office shall have the same access and examination rights as the RPC. Article 8: Assignment 8.1 The Local Government may not assign its rights or subcontract its duties under this Agreement. An attempted assignment or subcontract in violation of this paragraph is void. Article 9: Nondiscrimination and Equal Opportunity 9.1 The RPC and the Local Government shall not exclude anyone from participating under this Agreement, deny anyone benefits under this Agreement, or otherwise unlawfully discriminate against anyone in carrying out this Agreement because of race, color, religion, sex, age, disability, handicap, or national origin. Article 10: Dispute Resolution 10.1 Disputes include, but are not limited to, disagreement between the parties about the meaning or application of the Strategic Plan, the Applicable Law or policy, or this Agreement. 10.2 The parties desire to resolve disputes without litigation. Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve the dispute between them. To this end, the parties agree not to sue one another, except to enforce compliance with this Article 10, until they have exhausted the procedures set out in this Article 10. 10.3 At the written request of either party, each party shall appoint one non-lawyer representative to negotiate informally and in good faith to resolve any dispute arising
  • 91. Rev. 07/01/13 6 between the parties. The representatives appointed shall determine the location, format, frequency, and duration of the negotiations. 10.4 If the representatives cannot resolve the dispute within 30 calendar days after the first negotiation meeting, the parties agree to submit the dispute to a mutually designated legal mediator. Each party shall pay one-half the total fee and expenses for conducting the mediation. 10.5 The parties agree to continue performing their duties under this Agreement, which are unaffected by the dispute, during the negotiation and mediation process. 10.6 If mediation does not resolve the parties’ dispute, the parties may pursue their legal and equitable remedies. Article 11: Suspension for Unavailability of Funds 11.1 In the event that (i) the RPC’s approved budget and/or appropriations to the Commission from the Texas Legislature do not permit or otherwise appropriate funds for reimbursement to Local Government provided for in this Agreement, and (ii) such lack of permission or non-appropriation shall not have resulted from any act or failure to act on the part of the RPC, and (iii) the RPC has exhausted all funds legally available for reimbursement to Local Government, and no other legal procedure shall exist whereby payment hereunder can be made to Local Government; and (iv) RPC has negotiated in good faith with Local Government to develop an alternative payment schedule or new agreement that will accommodate RPC’s approved budget and/or appropriations for the applicable period, then RPC will not be obligated to reimburse the Local Government for the applicable budget year(s). 11.2 Each Party making any payment hereunder must make the payment from current revenues available to the paying Party; and, the payment obligations of the Parties to this Agreement are conditioned upon the availability of such funds. Article 12: Notice to Parties 12.1 Notice under this Agreement must be in writing and received by the party against whom it is to operate. Notice is received by a party (1) when it is delivered to the party personally; or (2) on the date shown on the return receipt if mailed by registered or certified mail, return receipt requested, to the party’s address specified in this Article and signed on behalf of the party. 12.2 The RPC’s address is: Concho Valley Council of Governments 2801 W. Loop 306, Suite A San Angelo, TX 76904
  • 92. Rev. 07/01/13 7 The Local Government’s address is: City of San Angelo Daniel Valenzuela, City Manager 72 W. College San Angelo, Texas 76903 12.3 A party may change its address by providing notice of the change in accordance with paragraph 12.1. Article 13: Effective Date and Term 13.1 This Agreement is effective as of September 1, 2013 and shall terminate on August 31, 2015. 13.2 In the event of default in the performance of this Agreement, the non-defaulting party may terminate this Agreement after providing written notice of the default to the defaulting party, and the failure of the defaulting party to cure said default within 30 calendar days of said notice. 13.3 If this Agreement is terminated for any reason, the RPC shall not be liable to the Local Government for any damages, claims, losses, or any other amounts arising from or related to any such termination. Article 14: Force Majeure 14.1 The RPC may grant relief from performance of the Agreement if the Local Government is prevented from performance by act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the Local Government. The burden of proof for the need of such relief shall rest upon the Local Government. To obtain release based on force majeure, the Local Government shall file a written request with the RPC. Article 15: Confidentiality 15.1 The parties will comply with the Texas Public Information Act, Government Code, Chapter 552 as interpreted by judicial opinions and opinions of the Attorney General of the State of Texas. This Agreement and all data and other information generated or otherwise obtained in its performance may be subject to the Texas Public Information Act. The parties agree to maintain the confidentiality of information received during the performance of this Agreement. 15.2 The Local Government or its duly authorized representative will notify the RPC upon receipt of any requests for information.
  • 93. Rev. 07/01/13 8 Article 16: Indemnification 16.1 To the extent authorized by law, each party agrees to indemnify the other and agrees to defend its governing body members, officers and employees, against any claim, suit or administrative proceeding, and to indemnify them against any liability including all costs, expenses, and reasonable attorney’s fees incurred arising out of an act or omission of the governing body, any officer, employee or agent in carrying out this Agreement. Article 17. Historically Underutilized Business Requirements 17.1 The Local Government shall comply with requirements of Chapter 2261 of the Government Code regarding Historically Underutilized Businesses. Article 18: Miscellaneous 18.1 For purposes of this Agreement, terms not specifically defined herein are defined in the Applicable Laws. 18.2 Each individual signing this Agreement on behalf of a party warrants that he or she is legally authorized to do so, and that the party is legally authorized to perform the obligations undertaken. 18.3 This Agreement constitutes the entire agreement between the parties and supersedes any and all oral or written agreements between the parties relating to matters herein. An amendment to this Agreement is not effective unless in writing and signed by both parties. 18.4 All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect the term of this Agreement, which shall continue in full force and effect. 18.5 The following Attachments are part of this Agreement: Attachment A.1 Ownership Agreement for San Angelo Communications Center Attachment B.1 Transfer of Ownership Form Attachment A.2 Ownership Agreement for San Angelo EOC Attachment B.2 Transfer of Ownership Form Attachment C Scope of Work Attachment D PSAP Operations Performance Measures and Monitoring Attachment E Commission Documents – Legislation, Rules and Program Policy Statements 18.6 This Agreement is binding on, and to the benefit of, the parties’ successors in interest.
  • 94. Rev. 07/01/13 9 18.7 This Agreement is executed in duplicate originals. Concho Valley Council of Governments City of San Angelo By: By: Printed Name: Jeffrey K. Sutton Printed Name: Daniel Valenzuela Title: Executive Director Title: City Manager Date: Date: APPROVED AS TO CONTENT APPROVED AS TO FORM Tim Vasquez, Chief of Police Dan T. Saluri, Sr. Assistant City Attorney
  • 95. Rev. 07/01/13 10 Attachment A:1 San Angelo Communications Center Ownership Agreement As stipulated in Article 3 of the Agreement, the RPC shall establish ownership of all 9-1-1 equipment located within the Local Government’s jurisdiction. The RPC hereby establishes all 9-1-1 equipment located at San Angelo Communications Center (PSAP Name), in Tom Green County, to be the property of City of San Angelo, hereinafter referred to as “Owner”. [Provide separately for each PSAP.] Following is an itemized listing of 9-1-1 equipment hereby defined as the property of Owner. [Attach equipment inventory list.] Concho Valley Council of Governments City of San Angelo By: By: Printed Name: Jeffrey K. Sutton Printed Name: Daniel Valenzuela Title: Executive Director Title: City Manager Date: 07/15/13 Date:
  • 96. Rev. 07/01/13 11 Attachment B1: San Angelo Communications Center Transfer of Ownership Form As stipulated is Article 3 of the Agreement between Concho Valley Council of Governments (RPC) and City of San Angelo (Local Government), the RPC shall document all transfers of ownership of 9-1-1 equipment between the RPC and the Local Government. Location of equipment to be at San Angelo Public Safety Communications (County PSAP). Indicate the appropriate classification: _X__Transfer ____Disposition ____Lost Please provide the following information in as much detail as possible. 9-1-1 CPE Equipment- Positron Viper-Power 9-1-1 7 Position Host Vendor: CenturyLink (purchased with CSEC Funds) Serial Number: 9-1-1 CPE Equipment: See Attached Equipment List Acquisition Date: August 31, 2007 Invoice Number: I102100229 Acquisition Cost: $159,841 Purchase Order Number: TGEOC5623-07 9-1-1 Front Room Up-Grade CPE Equipment- Positron Viper-Power 9-1-1 Vendor: CenturyLink (purchased with CSEC Funds) Serial Number: 9-1-1 CPE Equipment: See Attached Equipment List Acquisition Date: July 06, 2011 Invoice Number: M042500109 Acquisition Cost: $138,649 Purchase Order Number: AG11 0687 9-1-1 Recorder- ExaCom Recorder purchased by COSA with a CVCOG Cost-Share Vendor: Dailey Wells (Cost-Share purchased with CSEC Funds) Inventory Number: SRL# 0909/0815 Acquisition Date: February 08, 2008 Invoice Number: S012573 (COSA) Cost-Share: $25,000 Purchase Order Number: COSA Invoice
  • 97. Rev. 07/01/13 12 9-1-1 UPS- MGE Galaxy 3000 UPS- Purchased by COSA with a CVCOG Cost-Share Vendor: Critical Site Solutions (Cost-Share purchased with CSEC Funds) Inventory/Serial Number: A08-10038 Acquisition Date: November 13, 2007 Invoice Number: Cost-Share: $7,675 Purchase Order Number: COSA Invoice NetClock Purchased by COSA with a CVCOG Cost-Share Vendor: Spectracom (Cost-Share purchased with CSEC Funds) Inventory/Serial Number: 01570 Acquisition Date: February 10, 2009 Invoice Number: M-13042 (COSA) Cost-Share: $3,337 Purchase Order Number: COSA Invoice A/C Purchased by COSA (total price $6,895) with a CVCOG Cost-Share ($3,448) Vendor: Bowles Heating & Cooling (Cost-Share purchased with CSEC Funds) Inventory/Serial Number: NA Acquisition Date: February 26, 2009 Invoice Number: 14291 (COSA) Cost-Share: $3,448 Purchase Order Number: COSA Invoice
  • 98. Rev. 07/01/13 13 Attachment B2: San Angelo Communications Center Transfer of Ownership Form (continued) Action Recommended by: _____________________________________ Jeffrey K. Sutton, Executive Director Date: _____07/15/13_____________________ Comments: In compliance with Article 3.2 of this Interlocal Agreement Approved: __ __Yes _____No Proceeds, if any: ______$0______________ Approved by: _______________________________________________ Daniel Valenzuela, Manager, City of San Angelo Date: ____________________________ Disposed or Lost Property shall require approval by the agency head. Reviewed by: _______________________________________________ Jeffrey K. Sutton, CVCOG Executive Director Date: ______________________________________
  • 99. Rev. 07/01/13 14 Attachment A:2 San Angelo Emergency Operations Center (EOC) Ownership Agreement As stipulated in Article 3 of the Agreement, the RPC shall establish ownership of all 9-1-1 equipment located within the Local Government’s jurisdiction. The RPC hereby establishes all 9-1-1 equipment located at San Angelo Emergency Operations Center (PSAP Name), in Tom Green County, to be the property of City of San Angelo, hereinafter referred to as “Owner”. [Provide separately for each PSAP.] Following is an itemized listing of 9-1-1 equipment hereby defined as the property of Owner. [Attach equipment inventory list.] Concho Valley Council of Governments City of San Angelo By: By: Printed Name: Jeffrey K. Sutton Printed Name: Daniel Valenzuela Title: Executive Director Title: City Manager Date: 07/15/13 Date:
  • 100. Rev. 07/01/13 15 Attachment B2: San Angelo Emergency Operations Center (EOC) Transfer of Ownership Form As stipulated is Article 3 of the Agreement between Concho Valley Council of Governments (RPC) and City of San Angelo (Local Government), the RPC shall document all transfers of ownership of 9-1-1 equipment between the RPC and the Local Government. Location of equipment to be at San Angelo EOC (PSAP). Indicate the appropriate classification: _X__Transfer ____Disposition ____Lost Please provide the following information in as much detail as possible. 9-1-1 CPE Equipment- Positron Viper-Power 9-1-1 2 Position Remote Vendor: CenturyLink (purchased with CSEC Funds) Serial Number: 9-1-1 CPE Equipment: See Attached Equipment List Acquisition Date: September 02, 2008 Invoice Number: J021703137 Acquisition Cost: $78,407 Purchase Order Number: SACCEXPp5623-09 9-1-1 Front Room Up-Grade CPE Equipment- Positron Viper-Power 9-1-1 Vendor: CenturyLink (purchased with CSEC Funds) Serial Number: 9-1-1 CPE Equipment: See Attached Equipment List Acquisition Date: July 06, 2011 Invoice Number: M041700087 Acquisition Cost: $23,558 Purchase Order Number: AG11 0688   9-1-1 Recorder- ExaCom Recorder purchased by COSA with a CVCOG Cost-Share Vendor: Dailey Wells (Cost-Share purchased with CSEC Funds) Inventory Number: SRL# 0819 Acquisition Date: February 04, 2008 Invoice Number: COSA Cost-Share: $15,000 Purchase Order Number: COSA Invoice
  • 101. Rev. 07/01/13 16 9-1-1 Back-Up/Training LapTop Vendor: CenturyLink Inventory/Serial Number: CND8426VW1 Acquisition Date: December 23, 2008 Invoice Number: I122300097 Acquisition Cost: $25,484 Purchase Order Number: TGTR5623-08                                      
  • 102. Rev. 07/01/13 17 Attachment B2: San Angelo Emergency Operations Center (EOC) Transfer of Ownership Form (continued) Action Recommended by: _____________________________________ Jeffrey K. Sutton, Executive Director Date: ____07/15/13________________________ Comments: In compliance with Article 3.2 of this Interlocal Agreement Approved: __ __Yes _____No Proceeds, if any: ______$0______________ Approved by: _______________________________________________ Daniel Valenzuela, Manager, City of San Angelo Date: ____________________________ Disposed or Lost Property shall require approval by the agency head.
  • 103. Rev. 07/01/13 18 Attachment C Scope of Work • New Public Safety Answering Points (PSAPs) cannot be implemented without prior approval by the Commission on State Emergency Communications (CSEC). • PSAP operating procedures are outlined in the attached Operating Policies and Procedures document. • CVCOG requests the PSAPs submission of the following reports: Form A; Monthly Reports for PSAP- report documents call volumes, TDD/TTY calls, TDD/TTY test calls, and equipment testing by PSAP. Form B; 9-1-1 ANI/ALI Problem Report- if needed, daily submission of incorrect caller information and map plotting discrepancies. Form C; 9-1-1 Report Log documents dates and description of opened trouble tickets, TDD/TTY call testing, and service affecting issues. Form D; Training Documentation performed by PSAP which will include Sign-In sheet with description of training conducted. Form E; 9-1-1 Public Education activities conducted by the PSAP. • CVCOG with PSAP assistance will inventory equipment annually. • CVCOG requires that the County and/or City insure equipment located within PSAP, as per equipment inventory list provided by CVCOG, and forward a copy of the insurance policy to CVCOG.
  • 104. Rev. 07/01/13 19 Attachment D PSAP Operations Performance Measures and Monitoring Reports The RPC may request that the Local Government provide it with specialized reports which will not duplicate information readily available from vendors. Such reports shall include, but are not limited to: Form A- Monthly Reports for PSAP Form B- 9-1-1 ANI/ALI Problem Report Form C- 9-1-1 Report Log Form D- Training Documentation performed by PSAP Form E- 9-1-1 Public Education activities conducted by the PSAP. Logs The Local Government shall provide copies of logs and reports to assist with the RPC’s collection of efficiency data on the operation of PSAPs including, but not limited to: 1. Trouble report logs at least once per __Month_________________; 2. List of service affecting issues once per __Month_________________; 3. Certification of TTY/TDD testing once per ___Month________________; and 4. TTY/TDD call logs. Quality Assurance Inspections RPC personnel will conduct site visits at least __2__ per year to evaluate the condition of equipment, efficiency of PSAP operations, and compliance with the Agreement. In addition, quality assurance inspections will be conducted as follows: Preventative Maintenance is done every six months at each PSAP.
  • 105. Rev. 07/01/13 20 Attachment E Commission Documents The following documents govern the funding and provisioning of 9-1-1 services by the RPC: 1. Commission Legislation: http://csec.texas.gov/statutes 2. Commission Rules:  http://info.sos.state.tx.us/pls/pub  3. Commission Program Policy Statements: http://www.911.state.tx.us/browse.php/program_policy_statements
  • 106. Adopted: 5/30/03 Revised: 1/16/08 City of San Angelo Memo Date: 9/4/13 To: Mayor and Councilmembers From: Chief Tim Vasquez Subject: Agenda Item for September 17, 2013 Council Meeting Contact: Chief Tim Vasquez, 657-4336 Caption: Consent Agenda Item Consideration of adopting a Resolution by the San Angelo City Council 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 Summary: The U.S. Department of Justice announced that the City of San Angelo Police Department has been awarded funds from the FY 2013 Justice Assistance Grant. The grant is designed to help fund state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support. The City of San Angelo and Tom Green County are awarded $22,741 jointly from the grant. The funds are divided by the number of authorized positions per department. The Police Department will receive $16,457 and the Tom Green County Sheriff’s Office will receive $6,284. The San Angelo Police Department will purchase Sniper Rifles and laptops for the CID division. The Tom Green County Sheriff’s Office will purchase radar units. History: The City and County have been receiving this grant since 2005. City Council approved applying for this grant and the Interlocal Agreement between the City of San Angelo and Tom Green County for this grant on August 6, 2013. Financial Impact: Tom Green County and the City of San Angelo are awarded $22,741. $6,284 is for the County to purchase radar units. The remaining $16,457 will be utilized by the Police Department to purchase Sniper Rifles and Laptops for the CID division. There is no match requirement for this grant. Related Vision Item (if applicable): N/A Other Information/Recommendation: Staff recommends approval Attachments: Grant Agreement and Resolution Presentation:None Publication: N/A Reviewed by Service Area Director: Chief Tim Vasquez, Police Department, September 4, 2013
  • 107. Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531Office of Justice Programs August 30, 2013 Mr. Daniel Valenzuela City of San Angelo 115 W 1st Street P.O. Box 1751 San Angelo, TX 76903 Dear Mr. Valenzuela: On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local in the amount of $22,741 for City of San Angelo. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Carrie Booth, Program Manager at (202) 305-7426; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Enclosures Denise O'Donnell Director
  • 108. Washington, D.C. 20531 Mr. Daniel Valenzuela City of San Angelo 115 W 1st Street P.O. Box 1751 San Angelo, TX 76903 August 30, 2013 Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo.htm. State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. Dear Mr. Valenzuela: Department of Justice Office of Justice Programs Office for Civil Rights
  • 109. Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ 42.205(5) or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307- 0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, cc: Grant Manager Financial Analyst Michael L. Alston Director
  • 110. Grant PAGE 1 OF Department of Justice Office of Justice Programs Bureau of Justice Assistance 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of San Angelo 115 W 1st StreetP.O. Box 1751 San Angelo, TX 76903 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT 10. AMOUNT OF THIS AWARD $ 0 $ 22,741 11. TOTAL AWARD $ 22,741 1A. GRANTEE IRS/VENDOR NO. 756000659 3. PROJECT TITLE FY 2013 Justice Assistance Grant Program 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTHON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY13(BJA - JAG) 42 USC 3750, et seq. 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL GRANTEE ACCEPTANCE Denise O'Donnell Director AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. FISCALY EAR FUNDC ODE BUD.A CT. OFC. DIV.RE G. SUB. POMS AMOUNT DJBX 80 00 00 22741 MDJUGT0934 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Daniel Valenzuela City Manager 4. AWARD NUMBER: 2013-DJ-BX-1140 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 7. ACTION Initial 08/30/2013 TO TO 10/01/2012 10/01/2012 09/30/2014 09/30/2014 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE17. SIGNATURE OF APPROVING OFFICIAL 7
  • 111. AWARD CONTINUATIONSHEET Grant PAGE 2 OF Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 08/30/2013PROJECT NUMBER 2013-DJ-BX-1140 SPECIAL CONDITIONS The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70. 1. 2. 3. 4. 5. 6. 7. OJP FORM 4000/2 (REV. 4-88) 7
  • 112. AWARD CONTINUATIONSHEET Grant PAGE 3 OF Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 08/30/2013PROJECT NUMBER 2013-DJ-BX-1140 SPECIAL CONDITIONS The recipient agrees to comply with applicable requirements regarding registration with the System for Award Management (SAM) (or with a successor government-wide system officially designated by OMB and OJP). The recipient also agrees to comply with applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/sam.htm (Award condition: Registration with the System for Award Management and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events. Information on pertinent laws, regulations, policies, and guidance is available at www.ojp.gov/funding/confcost.htm. The recipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at http://www.ojp.usdoj.gov/funding/ojptrainingguidingprinciples.htm. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this OJP award, and those award funds have been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this OJP award, the recipient will promptly notify, in writing, the grant manager for this OJP award, and, if so requested by OJP, seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. The recipient understands and agrees that - (a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, and (b) Nothing in subsection (a) limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 8. 9. 10. 11. 12. 13. 14. 15. OJP FORM 4000/2 (REV. 4-88) 7
  • 113. AWARD CONTINUATIONSHEET Grant PAGE 4 OF Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 08/30/2013PROJECT NUMBER 2013-DJ-BX-1140 SPECIAL CONDITIONS The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income earned must be accounted for and used for the purposes of funds provided under this award, including such use being consistent with the conditions of the award, the effective edition of the OJP Financial Guide and, as applicable, either (1) 28 C.F.R. Part 66 or (2) 28 C.F.R Part 70 and 2 C.F.R. Part 215 (OMB Circular A-110). Further, the use of program income must be reported on the quarterly Federal Financial Report, SF 425. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: http://www.it.ojp.gov/gsp_grantcondition. Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.gov/BJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 16. 17. 18. 19. OJP FORM 4000/2 (REV. 4-88) 7
  • 114. AWARD CONTINUATIONSHEET Grant PAGE 5 OF Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 08/30/2013PROJECT NUMBER 2013-DJ-BX-1140 SPECIAL CONDITIONS The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal Financial Report (SF-425). JAG funds may be used to purchase bulletproof vests for an agency, but may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. The recipient agrees to submit a signed certification that that all law enforcement agencies receiving vests purchased with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any FY 2013 funding can be used by the agency for vests. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. Ballistic-resistant and stab-resistant body armor purchased with JAG funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List (http://nij.gov). In addition, ballistic-resistant and stab-resistant body armor purchased must be American- made. The latest NIJ standard information can be found here: http://www.nij.gov/topics/technology/body-armor/safety- initiative.htm. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1046. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith- based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equal_fbo.htm. 20. 21. 22. 23. 24. 25. 26. OJP FORM 4000/2 (REV. 4-88) 7
  • 115. AWARD CONTINUATIONSHEET Grant PAGE 6 OF Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 08/30/2013PROJECT NUMBER 2013-DJ-BX-1140 SPECIAL CONDITIONS The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports through GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. The grantee agrees that within 120 days of award acceptance, each current member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task force training. Additionally, all future task force members are required to complete this training once during the life of this award, or once every four years if multiple awards include this requirement. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. When BJA funding supports a task force, a task force personnel roster should be compiled and maintained, along with course completion certificates, by the grant recipient. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 27. 28. 29. 30. 31. 32. 33. 34. OJP FORM 4000/2 (REV. 4-88) 7
  • 116. AWARD CONTINUATIONSHEET Grant PAGE 7 OF Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 08/30/2013PROJECT NUMBER 2013-DJ-BX-1140 SPECIAL CONDITIONS No JAG funds may be expended on unmanned aircraft, unmanned aircraft systems, or aerial vehicles (US, UAS, or UAV) unless the BJA Director certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order. Additionally, any JAG funding approved for this purpose would be subject to additional reporting, which would be stipulated by BJA post-award. BJA strongly encourages the recipient submit annual (or more frequent) JAG success stories at JAG.Showcase@ojp.usdoj.gov or via the online form at https://www.bja.gov/contactus.aspx. JAG success stories should include the: name and location of program/project; point of contact with phone and e-mail; amount of JAG funding received and in which fiscal year; and a brief summary describing the program/project and its impact. Recipient understands that the initial period of availability of funds for this award is two years. Recipient further understands that any requests for additional time for performance of this award, up to two additional years, will be granted automatically, pursuant to 42 U.S.C. § 3751(f) and in accordance with current fiscal year solicitation. Requests for additional time beyond a four year grant period will be subject to the discretion of the Director of the Bureau of Justice Assistance. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance (BJA) has received documentation demonstrating that the state or local governing body review requirements have been met and a Grant Adjustment Notice (GAN) has been approved releasing this special condition. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received and approved the signed Memorandum of Understanding (MOU) between the disparate jurisdictions and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 35. 36. 37. 38. 39. OJP FORM 4000/2 (REV. 4-88) 7
  • 117. Memorandum To: From: Subject: Washington, D.C. 20531 Orbin Terry, NEPA Coordinator Incorporates NEPA Compliance in Further Developmental Stages for City of San Angelo The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see http://www.ojp.usdoj.gov/BJA/resource/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. Official Grant File Department of Justice Office of Justice Programs Bureau of Justice Assistance
  • 118. GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY 1. STAFF CONTACT (Name & telephone number) PROJECT NUMBER 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD 8. BUDGET PERIOD 9. AMOUNT OF AWARD 10. DATE OF AWARD 11. SECOND YEAR'S BUDGET 2013-DJ-BX-1140 2. PROJECT DIRECTOR (Name, address & telephone number) 4. TITLE OF PROJECT 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) 5. NAME & ADDRESS OF GRANTEE Grant This project is supported under FY13(BJA - JAG) 42 USC 3750, et seq. Tim Vasquez Chief of Police 72 W. College Avenue San Angelo, TX 76903-5503 (325) 657-4336 PAGE 11 OF The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). The disparate jurisdictions will use the JAG award to support law enforcement initiatives. Funds will be used to purchase firearms, laptops, and radar units. The project goals are to increase traffic enforcement and enhance officer safety. NCA/NCF Carrie Booth (202) 305-7426 OJP FORM 4000/2 (REV. 4-88) FY 2013 Justice Assistance Grant Program City of San Angelo 115 W 1st StreetP.O. Box 1751 San Angelo, TX 76903 TO:10/01/2012 09/30/2014FROM: TO:10/01/2012 09/30/2014FROM: 08/30/2013$ 22,741 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 3a. TITLE OF THE PROGRAM BJA FY 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local Department of Justice Office of Justice Programs Bureau of Justice Assistance
  • 119. A RESOLUTION BY THE SAN ANGELO CITY COUNCIL 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 WHEREAS, the City of San Angelo applied for and has been awarded jointly with Tom Green County a U.S. Department of Justice FY 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of Twenty-Two Thousand Seven Hundred Forty-One and No/100 Dollars ($22,741.00) for purposes of funding local initiatives, technical assistance, training, personnel, equipment, supplies, and contractual support; and, WHEREAS, the portion of the award to be received by the City of San Angelo is Twenty-Two Thousand Seven Hundred Forty-One and No/100 Dollars ($22,741.00); and, WHEREAS, the grant application and award is recurring and has been accepted and so utilized in the past: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT: That the award of the U.S. Department of Justice FY 2011 Justice Assistance Grant jointly to the City of San Angelo and Tom Green County in the sum of Twenty-Two Thousand Seven Hundred Forty-One and No/100 Dollars ($22,741.00), Sixteen Thousand Four Hundred Fifty-Seven and No/100 Dollars ($16,457) of which will be received by the San Angelo Police Department, is hereby accepted. The City Manager or his designee is hereby authorized to execute such grant award and related documents as may be necessary or convenient to accept the grant funds and provide for their application for the purposes stated. PASSED and APPROVED THIS DAY OF , 2013. CITY OF SAN ANGELO, TEXAS ATTEST: Dwain Morrison, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Tim Vasquez, Lysia H. Bowling, Chief, S.A.P.D. City Attorney
  • 120. Texas Department of Housing and Community Affairs Housing Trust Fund Division 2014-2015 Amy Young Barrier Removal Program APPLICATION TO ACCESS THE RESERVATION SYSTEM By completing this application, the undersigned Nonprofit Organization or Unit of General Local Government hereby requests access to the online Reservation System to reserve 2014-2015 Amy Young Barrier Removal Program funds on a first-come, first-served basis from the Texas Department of Housing and Community Affairs (TDHCA) Housing Trust Fund Division. The undersigned has read and understands the application instructions and certifies that all information herein is true and correct to the best of their knowledge and belief. This application is signed by a person authorized to execute documents on the applicant's )7~ ~0 U...~ Robert Salas, Director 09/05/2013 Signature Printed Name and Title Date Applicant's Legal Name: City of San Angelo (per the Secretary of State) Contact Person's Name: Robert Salas Contact Person's Email: robert. salas@cosatx.us Contact Person's Telephone: 325-655-0824 Mailing Address: 72 W. College City, State, Zip: San Angelo, TX 76903 Physical Address: 52 W. College City, State, Zip: San Angelo, TX 76903 Applicant is legally formed as a: D Nonprofit Organization D Public Agency 1:8:] Unit of General Local Government D Public Housing Authority D Council of Government D Local Mental Health Authority Applicant Fiscal Year Ends: month October day 01 Applicants must email page 1 and 2 of this document along with required attachments on page 2, in pdf format, to htf@tdhca.state.tx.us. Please, no mail or hand-deliveries. For further information, please email htf@tdhca.state.tx.us. WARNING: Title 18, Section 1001 of the U.S. Code makes it a criminal offence to make willful, false statements or misrepresentations to any department or agency in the United States as to any matter within its jurisdiction. Page 1 of2
  • 121. REQUIRED DOCUMENTS 1. For Nonprofit Organizations, attach a current tax exemption ruling from the Internal Revenue Service under §501(c)(3) of the Internal Revenue Code of 1986, as evidenced by a determination letter dated 1986 or later; OR classification as a subordinate of a central organization non-profit under the Internal Revenue Code §501(c)(3), as evidenced by a group determination letter dated 1986 or later that specifically lists the applicant. NOTE: The exemption ruling must be effective on the date the application is submitted and must continue to be effective throughout the agreement period to access the Reservation System. A pending application for tax exempt status cannot be used to comply with the tax status requirement. 2. A current roster of all Board of Directors, Council Members or Commissioners that includes name, mailing address and phone number. 3. A resolution from the Board of Directors, Council or Commissioners that is signed and dated within the 6 months preceding this application. The resolution must state: 1) that the board, council or commissioners have approved the application to access the Reservation System for 2014-2015 Amy Young Barrier Removal Program funds; and 2) the name and title of the individual authorized to execute a written Reservation System Access Agreement. 4. Evidence of financial accountability standards, demonstrated by: A certification from a Certified Public Accountant; AND An audited financial statement from the most recent fiscal year; OR a current dated and signed financial statement for the period since last audit produced. For Nonprofit Organizations that do not yet have audited financial statements: A resolution from the Board of Directors that is signed and dated within the 6 months preceding this application and certifies that the accounting procedures used by the organization conform to Generally Accepted Accounting Principles (GAAP) and the Financial Accounting Standards Board (FASB) No. 117, “Financial Statements of Not-For- Profit Organizations”. NOTE: Applicants who have previously received any TDHCA funding must be in compliance with all active contracts and agreements. 5. Summary of experience demonstrating at least 2 years experience in housing rehabilitation in Texas. See TDHCA Single Family Programs Umbrella Rule regarding Inspection Requirements for Construction Activities, Rule §20.10, found at the TDHCA Rules (TAC) link on the Department’s homepage: http://www.tdhca.state.tx.us/ Summary of experience will: Describe the capacity of key staff members and their skills and experience in client intake, records management, and managing housing rehabilitation Describe organizational knowledge and experience in serving Persons with Disabilities Include a completed “Qualified Inspector Certification” form 6. If applicable, copies of executed contracts with consultants or other organizations that are assisting in the implementation of the applicant’s 2014-2015 Amy Young Barrier Removal Program activities. Include a summary of the consultant or other organization’s experience in housing rehabilitation and/or serving Persons with Disabilities.
  • 122. ROSTER OF ALL COUNCIL MEMBERS Dwain Morrison Mayor 72 W. College San Angelo, TX 76903 Cell: 325-262-1857 Rodney Fleming Council Member, District 1 72 W. College San Angelo, TX 76903 Cell: 325-939-3361 Marty Self Council Member, District 2 72 W. College San Angelo, TX 76903 Cell: 325-276-1589 Johnny Silvas Council Member, District 3 72 W. College San Angelo, TX 76903 Cell: 325-212-1452 Don Vardeman Council Member, District 4 72 W. College San Angelo, TX 76903 Cell: 325-340-2667 H.R. "Winkie" Wardlaw III Council Member, District 5 72 W. College San Angelo, TX 76903 Cell: 325-939-3061 Charlotte Farmer Council Member, District 6 72 W. College San Angelo, TX 76903 Cell: 325-212-5183
  • 123. RESOLUTION FROM THE COUNCIL
  • 124. EVIDENCE OF FINANCIAL ACCOUNTABILITY
  • 125. CITY OF SAN ANGELO, TEXAS Single Audit Report For the Year Ended September 30, 2012 515 West Han-is Avenue • Post Office Box 71 • San Angelo, Texas 76902-0071 Phone (325) 653-6854 • Fax (325) 655-5857 • www.armstrongbackus.com
  • 126. CITY OF SAN ANGELO, TEXAS Single Audit Report For the Year Ended September 30, 2012 Table of Contents Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Audit Standards 1-2 Independent Auditors' Report on Compliance with Requirements That Could Have a Direct and Material Effect on Each Major Program and on Internal Control Over Compliance in Accordance with OMB Circular A- 133 3-5 Schedule of Expenditures of Federal Awards 6-7 Notes to the Schedule of Expenditures of Federal Awards 8 Schedule of Findings and Questioned Costs 9-10 Corrective Action Plan 11 Status of Prior Audit Findings 12 Independent Auditors' Report on Supplementary Information 13 Schedule of Expenditures of State Awards 14
  • 127. ARMSTRONG, BACKUS &CO., LLP Certified Publ i c A c countan t s American Inslitute of Certified Public Accountants Texas Society of Certified Public Acccouillunts Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Honorable Mayor and City Council City of San Angelo, Texas We have audited the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the City of San Angelo, Texas, as of and for the year ended September 30, 2012, which collectively comprise the City of San Angelo, Texas' basic financial statements and have issued our report thereon dated April 19, 2013. We conducted our audit in accordance with auditing standards generally accepted in the' United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting Management of the City of San Angelo, Texas, is responsible for establishing and maintaining effective internal control over financial reporting. In planning and performing our audit, we considered City of San Angelo, Texas' internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of City of San Angelo, Texas' internal control over financial reporting. . Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over financial reporting that might be significant deficiencies or material weaknesses and therefore, there can be no assurance that all deficiencies, significant deficiencies, or material weaknesses have been identified. However, as described in the accompanying schedule of findings and questioned costs, we identified a certain deficiency in internal control over financial reporting that we consider to be a significant deficiency. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable 515 West HatTis Avenue' Post Office Box 71 • San Angelo. Texas 76902-0071 • Phone (325) 653-6854 • Fax (325) 655-5857 • www.annstrongbackus.com
  • 128. possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. We consider the deficiency described in the accompanying schedule of findings and questioned costs to be a significant deficiency {12-0 I}. Compliance and Other Matters As part of obtaining reasonable assurance about whether City of San Angelo, Texas' financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. We noted certain other matters that we reported to management of City of San Angelo, Texas in a separate letter dated April 19,2013. City of San Angelo, Texas' response to the rmding identified in our audit is described in the accompanying schedule of findings and questioned costs. We did not audit City of San Angelo, Texas' response and, accordingly, we express no opinion on it. This report is intended solely for the information and use of management, the Mayor, others within the entity, the City Council, and federal awarding agencies and pass-through entities and is not intended to be, and should not be, used by anyone other than these specified parties. San Angelo, Texas April 19,2013
  • 129. ARMSTRONG,BACKUS & CO., LLP Certifi e d Public Accountants Amcrican Institute 01' Ccrti fkd Public Accountants Tcxas Society of Ccnifiecl Public ACCCOlllllanlS Independent Auditors' Report on Compliance with Requirements That Could Have a Direct and Material Effect on Each Major Program and on Internal Control Over Compliance in Accordance with OMB Circular A-133 Honorable Mayor and City Council City of San Angelo, Texas Compliance We have audited City of San Angelo, Texas' compliance with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement that could have a direct and material effect on each of City of San Angelo's major federal programs for the year ended September 30, 2012. City of San Angelo, Texas' major federal programs are identified in the summary of auditors' results section of the accompanying Schedule of Findings and Questioned Costs. Compliance with the requirements of laws, regulations, contracts, and grants applicable to each of its major federal programs is the responsibility of City of San Angelo, Texas' management. Our responsibility is to express an opinion on City of San Angelo, Texas' compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about City of San Angelo, Texas' compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of City of San Angelo, Texas' compliance with those requirements. In our opinion, City of San Angelo, Texas complied, in all material respects, with the compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended September 30, 2012. However, the results of our auditing procedures disclosed an instance of noncompliance with those requirements, which is required to be reported in accordance with OMB Circular A-133 and which is described in the accompanying Schedule of Findings and Questioned Costs as item 12-01. 515 West Han'is Avenue' Post Office Box 7 I • San Angelo, Texas 76902-0071 • Phone (325) 653-6854 • Fax (325) 655-5857' www.armstrongbaekus.com
  • 130. Internal Control Over Compliance Management of City of San Angelo, Texas is responsible for establishing and maintaining effective internal control over compliance with the requirements of laws, regulations, contracts, and grants applicable to federal programs. In planning and performing our audit, we considered City of San Angelo, Texas' internal control over compliance with the requirements that could have a direct and material effect on a major federal program to determine the aUditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of City of San Angelo, Texas' internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be deficiencies, significant deficiencies, or material weaknesses. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, we identified a certain deficiency in internal control over compliance that we consider to be a significant deficiency as described in the accompanying Schedule of Findings and Questioned Costs as item 12-01. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Schedule of Expenditures of Federal Awards We have audited the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the City of San Angelo, Texas, as of and for the year ended September 30, 2012, which collectively comprise the City of San Angelo, Texas' basic financial statements, and have issued our report thereon dated April 19, 2013, which contained unqualified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively compromise the City of San Angelo, Texas' basic fmancial statements. The Schedule of Expenditures of Federal Awards is presented for purposes of additional analysis as required by u.S. Office of Management and Budget Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and is not a required part of the financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been sUbjected to the aUditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial
  • 131. statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated, in all material respects, in relation to the financial statements as a whole. City of San Angelo, Texas' response to the finding identified in our audit is described in the accompanying schedule of findings and questioned costs. We did not audit City of San Angelo, Texas' response and, accordingly, we express no opinion on the responses. This report is intended solely for the information and use of management, the mayor, others within the entity, the City Council, federal awarding agencies, and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. San Angelo, Texas April 19, 2013
  • 132. CITY OF SAN ANGELO Schedule of Expenditures of Federal Awards For the Year Ended September 30, 2012 Federal Pass-Through CFDA Dlsbursements/ Amount to Federal Grantor/Pass-Through Grantor/Program Title Grant Number Number Expenditures Subreciplents U.S. DEPARTMENT OF AGRICULTURE Passed-Through the Texas Department ofState Health Services: Special Supplemental Nutrition Program For Women, Infants, and Children 2011-037212-001 10.557 $ 885,833 $ -0- $ 885,833 $ -0- U.S. DEPARTMENT OF THE INTERIOR Passed-Through the Texas Parks and Wildlife Department: TPWD National Recreational Trails Program 15.921 $ -0- $ ·0- $ -0- $ -0- U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Direct Programs: Community Development Block Grant B-10-MC-48-0025 14.218 $ 643,787 $ -0- Community Development Block Grant B-11-MC-48-0025 14.218 779,828 -0- $ 1,423,615 $ -0- HOME Investment Partnership Program M10-MC-48-0224 14.239 $ 351,277 $ 110,889 HOME Investment Partnership Program M11-MC-48-0224 14.239 402,135 120,816 $ 753,412 $ 231,705 Passed-Through the Texas Department ofRural Affairs: Texas Neighborhood Stabilization Program 77099999128 14.228 $ -0- $ ·0- $ -0- $ ·0- U.S. DEPARTMENT OF TRANSPORTATION Direct Programs: Airport Improvement Program 3-48-0191-030-2010 20.106 $ 166,268 $ -0- Airport Improvement Program 3-48-0191-031-2010 20.106 386,612 -0- Airport Improvement Program 3-48-0191-032-2011 20.106 328,882 -0- Airport Improvement Program 3-48-0191-033-2012 20.106 -0- -0- DOT-OST-2011-0119 20.106 -0- -0- $ 881,762 $ -0- Passed-Through the Texas Department of Transportation: Highway Research, Planning, and Construction 50-12XFOO14 20.205 $ 153,810 $ -0- $ 153,810 $ -0- U.S. DEPARTMANT OF JUSTICE Direct Programs: 2011 Justice Assistance Grant 2011-DJ-BX-3006 16.710 $ 33,629 $ -0- 2012 Justice Assistance Grant 2012-DJ-BX-0539 16.710 -0- -0- $ 33,629 $ ·0- U.S. DEPARTMENT OF HOMELAND SECURITY Passed-Through the Texas Department ofPublic Safety: Emergency Management Performance Grant llTX-EMPG-0885 97.042 $ 71,358 $ -0- $ 71,358 $ -0- Passed-Through the Tom Green County United Way: Emergency Food and Shelter Program 840400-001 97.024 $ 3,306 $ -0· $ 3,306 $ -0- 6
  • 133. CITY OF SAN ANGELO Schedule of Expenditures of Federal Awards For the Year Ended September 30,2012 Federal Pass-Through CFDA Disbursements/ Amount to Federal Grantor/Pass-Through Grantor/Program Title Grant Number Number Expenditures Subrecipients U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Passed-Through the Texas Department ofState Health Services: Center of Disease Control and Prevention Investigations and 2011-038710-001 93.283 $ 96,283 $ -0- Technical Assistance Center of Disease Control and Prevention Investigations and 2013-041434 93.283 7,357 -0- Technical Assistance Preventive Health and Health Services Block Grant 2012-039447-001 93.991 137,784 -0- Preventive Health and Health Services Block Grant 2013-041431-001 93.991 8,808 -0- $ 250,232 $ -0- U.S. DEPARTMENT OF ENERGY Direct Programs: Energy Efficiency and Conservation Block Grant DE-SCOO03205 81.128R $ 701,946 $ -0- $ 701,946 $ -0- NATIONAL ENDOWMENT FOR THE ARTS Direct Programs: Design - Concho River Trail 11-4292-7058 45.024 $ -0- $ -0- $ -0- $ -0- Total Expenditures of Federal Awards $ 5,158,903 $ 231,705 7
  • 134. CITY OF SAN ANGELO, TEXAS Notes to the Schedule of Expenditures of Federal Awards For the Year Ended September 30, 2012 NOTE A - GENERAL The accompanying schedule of expenditures of federal awards presents the activity of all applicable federal awards of the City of San Angelo for the year ended September 30, 2012. Federal awards received directly from federal agencies as well as federal awards passed through other government agencies are included on the schedule. Federal awards include expenditures funded with program income but exclude expenditures funded with City matching funds. Federal programs were accounted for in Special Revenue and Capital Projects governmental fund types and the Enterprise proprietary fund type. NOTE B - BASIS OF ACCOUNTING The accompanying schedule of expenditures of federal awards is presented using the modified accrual basis of accounting (accrual basis for proprietary funds) to the extent grants are approved and applicable government cost principles specified by each grant, contract, and agreement are allowed. Under those cost principles, certain types of expenditures are not allowable or are limited as to reimbursement. The City does not recover indirect costs unless expressly allowed by each award. Federal grant revenues are generally considered to be earned to the extent of expenditures made under the provisions of the grant and, accordingly, when such funds are received, they are recorded as deferred revenues until earned. NOTE C - SUB-RECIPIENT FUNDING Of the federal expenditures presented in the Schedule of Expenditures of Federal Awards, the City provided federal awards to SUb-recipients totaling $231,705. These awards were funded to various SUb-recipients under the HOME Investment Partnership Program as follows: Program HOME Investment Partnership Program NOTE D - OUTSTANDING LOANS CFDANumber 14.239 Amount $ 231,705 The City has provided loans through its various housing programs. The outstanding balance of loans at September 30,2012 was $901,015. 8
  • 135. CITY OF SAN ANGELO, TEXAS Schedule of Findings and Questioned Costs For the Year Ended September 30, 2012 I. Summary of Auditors' Results Financial Statements Type of auditors' report issued: Internal control overfinancial reporting: Material weaknesses identified? Significant deficiencies identified that are not considered to be material weaknesses? Noncompliance material to financial statements noted? Federal Awards Internal control overfinancial reporting: Material weakness identified? Significant deficiencies identified that are not considered to be material weaknesses? Type of auditors' report issued on compliance for major programs: Any audit findings disclosed that are required to be reported in accordance with section SlO(a) of OMB Circular A-133? Identification ofmajor programs: CFDA # 20.106 - Airport Improvement Program Unqualified opinion No No No No Yes Unqualified opinion Yes CFDA # 81.128 - Energy Efficiency and Conservation Block Grant Dollar threshold used to distinguish between Type A and Type B programs: Auditee qualified as low-risk auditee? 9 $300,000 Yes
  • 136. CITY OF SAN ANGELO, TEXAS Schedule of Findings and Questioned Costs For the Year Ended September 30, 2012 II. Findings Relating to the Financial Statements There were no findings noted. III. Findings and Questioned Costs for Federal Awards 12-01 - Reporting Condition: The final financial report for the Energy Efficiency and Conservation Block Grant was filed before expenditures were incurred by the City. Criteria: Recipient should report expenditures to the cognizant agency in the period in which they were incurred, and financial reporting should also be reconcilable to the City's general ledger. Cause of Condition: The staff member in charge of administering this grant was not familiar with the accounting compliance requirements involving the reporting of Federal expenditures. Effect of Condition: Reports submitted to the Federal cognizant agency reported disbursements as of December 2011 that weren't incurred until 2012. The report was also marked as final, even though the project wasn't complete. When the City reported final expenditures to the cognizant agency, the project had not been completed as reported. Recommendation: We recommend the following step to correct this internal control deficiency: 1) Assign a qualified staff member to oversee all grants that is knowledgeable about the financial statement impact of Federal grants and the grants' related compliance requirements. 2) Assign a qualified staff member to review financial reports submitted to cognizant agencies and verify that information reported to grantors agrees with the accounting information recorded in the City's general ledger. 10
  • 137. 12-01 Reporting Contact Person: CITY OF SAN ANGELO, TEXAS Corrective Action Plan For the Year Ended September 30,2012 Bill Smith, ChiefAccountant (325) 657-4271 To correct this deficiency, the City is in the process of filling an open position in the Finance division. The job description will be rewritten to include the auditors' recommendations. 11
  • 138. CITY OF SAN ANGELO, TEXAS Status of Prior Audit Findings For the Year Ended September 30,2012 11-01 - Cash Management Condition: In August 2011 the City received an advance of Federal funds totaling $865,000, which was the maximum amount awarded. As of September 30,2011, only $163,054 had been disbursed. These funds were invested through the City's pooled cash and investment accounts, therefore earning interest. Cause of Condition: The staff member in charge of administering this grant was not familiar with the cash management compliance requirement of the grant. Recommendation: We recommended the following step to correct this internal control deficiency: Current Status: 11-02 - Reporting Condition: 1) Assign a qualified staff member to oversee all grants that is knowledgeable about the financial statement impact of Federal grants and the grants' related compliance requirements. Corrected The City did not file its September 30, 2011 Quarterly Performance Report accurately or timely. Cause of Condition: The City does not maintain a separate line item in the general ledger for Federal expenditures; they are combined with non- Federal expenditures. As a result, an incorrect amount was reported as Federal expenditures of this grant in the quarter reported. Recommendation: We recommended that the City set-up separate expenditure line items to accumulate the Federal expenditures of this grant. In doing so, non-accountant City staff will be better equipped to properly and timely file required reports to the Federal agencies. Current Status: Reporting was not correct for the year ended September 30, 2012 as noted in the Schedule of Findings and Questioned Costs {12- 01}. 12
  • 139. ARMSTRONG,BACKUS &CO., LLP Certif i ed Public Accou n tants Amcrican fJlstitute of Cert ified Public Accountants Texas Society of Certified Publ ic Acccounlaills Independent Auditors' Report on Supplementary Information Honorable City Mayor and City Council City of San Angelo, Texas We have audited the financial statements of the governmental activities, the business-type activities, aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the City of San Angelo, Texas, as of and for the year ended September 30, 2012, which collectively comprise the City of San Angelo, Texas' basic financial statements, and have issued our report thereon dated April 19, 2013, which contained unqualified opinions on those financial statements. Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The Schedule of Expenditures of State Awards on page 14, which is the responsibility of management, is presented for purposes of additional analysis and are not a required part of the financial statements. Such information has not been SUbjected to the aUditing procedures applied in the audit of the financial statements, and, accordingly, we do not express an opinion or provide any assurance on it. San Angelo, Texas April 19,2013 515 West Han'is Avenue· Post Office Box 71 • San Angelo. Texas 76902-0071 • Phone (325) 653-6854 • Fax (325) 655-5857 • www.aI1llstrongbackus.com
  • 140. CITY OF SAN ANGELO Schedule of Expenditures of State Awards For the Year Ended September 30, 2012 State Grantor/Pass-Through Grantor/Program Title Grant Number Program Award Amount Disbursements/ Expenditures SPECIAL EVENTS TRUST FUND NRCHA Celebration of Champions TEXAS PARKS AND WILDLIFE San Angelo Concho River Trail II 50-000444 14 $ $ 102,005 $ 102,005 500,000 109,005 602,005 $ 211,010
  • 141. SUMMARY OF EXPERIENCE I. Capacity of Key Staff Members a. Steve Diaz – Steve Diaz has worked in the Community and Housing Support Division for almost nine years. Steve has over 25 years of construction/rehabilitation experience. Steve has also been a Certified Lead Inspector for seven years. Steve is in charge of the Home Rehabilitation & Emergency Repair programs. He has managed and inspected over 200 rehabs and 500 emergency repairs while working for the City of San Angelo. About a quarter of our rehabs and emergency repairs involve retrofitting homes for disabled individuals which include the following: ADA showers, tubs, commodes, and sinks, widening doorways for wheelchair access, and building ramps for access to the home entrance. b. Mauri Rodriguez – Mauri Rodriguez has worked in Community & Housing Support for eight years. She is very experienced in records management and client intake. Mauri manages the finances for the CDBG & HOME grants the city receives annually & the NSP1 grant the city received a few years ago. She is responsible for ensuring all projects/activities are in compliance with all federal regulations and that all funds are spent expeditiously. Mauri is also well versed in the client intake and eligibility verification process and the process of uploading and entering information into the Housing Contracting System (HCS) for TDHCA. c. Chris Deanda – Chris Deanda has over ten years of client intake experience. She has worked in Community and Housing Support for three years, and previously worked in Social Services for XXX years. Chris currently manages all client intake for both the Rehab and Emergency Repair programs and verifies each clients eligibility for the CDBG funded programs. Chris also has experience performing initial inspections of all projects for the past year and is accompanying the project manager, Steve Diaz, on final inspections as well.
  • 142. II. Organizational Knowledge & Experience in Serving Persons with Disabilities a. Forest Park Duplexes: The Community & Housing Support (CHS) Division of the City of San Angelo manages a duplex complex that is reserved for low income elderly disabled clients. These duplexes have been retrofitted to provide a barrier-free living space. These units have ADA showers, built in handrails, extended toilets, lower sinks and counters, electrical/mechanical lifts as required, wheelchair flooring, flipper door handles, and widened doorways. The CHS staff has managed and maintained the duplexes for 16 years and has provided modifications as required for individual tenants. b. Homeowner Rehab: Assistance is provided to eligible low/moderate income homeowners within the city limits of San Angelo. Expenditures are limited to $24,999.00 per unit but average approximately $16,000 per project. Modifications to provide barrier-free living space, when feasible, for homes occupied by either disabled or elderly individuals requiring such modifications are included. As part of this program, we have installed ADA showers, ADA bathtubs, ADA commodes, wheelchair ramps, and modified doorways. Homes will also receive work to reduce lead-based paint hazards, if necessary, based on requirements set by HUD regulations. Projects are scheduled first come first served and will be executed throughout the year. The goal for this funding is to complete repairs for approximately 15 unduplicated households annually. Services have continued throughout the year since 1996. c. Emergency Repairs – This program provides a 100% grant for low/moderate income homeowners for up to $5,000.00 in Emergency Repairs. An emergency is a situation or condition that occurred without warning (within two (2) weeks), is detrimental to life, health, or safety and requires immediate action. Action must be taken within 24-72 hours to remediate the emergency situation. Modifications to provide barrier-free living space, when feasible, for homes occupied by either disabled or elderly individuals requiring such modifications are also included. The goal for this funding is to complete repairs for approximately 40 unduplicated households annually. Services continue throughout the year. d. Neighborhood Blitz: Using Community Development Block Grant entitlement allocation and local funding, nearly 400 city workers and 450 community volunteers take part in the annual Neighborhood Blitz (facilitated by Community & Housing Support staff), which repairs and paints homes and cleaned up the neighborhoods targeted for revitalization. The blitz, a part of the City's Neighborhood Revitalization Program, has been hosted by the city since 2009. A total of 48 homes were repaired and painted this past year, and over 250 homes have been repaired since the program’s introduction.
  • 143. e. Affordable Housing Assistance Program thru Local ½ Cents Sales Tax: The City expends $350,000 annually to support affordable housing via the local ½ cent sales tax program for new home construction. This provided gap financing for 6 first-time homebuyers and 38 minor housing repairs as part of the annual neighborhood blitz which included modifications to provide barrier-free living space for homes occupied by either disabled or elderly individuals.
  • 144. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS HOUSING TRUST FUND Administrator: Inspector Name: Inspector Address: Phone: Email: QUALIFIED INSPECTOR CERTIFICATION City of San Angelo Steve Diaz 52 W. College, San Angelo, TX 76903 325-655-0824 steve.diaz@cosatx.us INSPECTOR CERTIFICATION I, __ S_t_ev_e_D_ia_z -', certify that I am a: (print full name) oProfessional Inspector as described in 10 TAC §20.IO(c)(3): "A professional home inspector as evidenced by the Administrator to ensure inspections are performed by a person who has received current and comprehensive training to enable them to conduct effective inspections. Completion of the training required to be a licensed TREC inspector would be acceptable evidence of such training." OR [(] Qualified Inspection Individual as described in 10 TAC §20.l0(4): "Certified by the Administrator that the individual has professional certifications, relevant education or minimum five (5) years experience in a field directly related to home inspectio , including but not limited to installing, servicing, repairing or maintaining the struc , mechanical, plumbing and electrical systems found in Single Family Housing 1 enced by inspection logs, certifications, training courses or other 09/05/2013 Date ADMINISTRATOR CERTIFICATION Administrator hereby certifies that all documentation provided by this Inspector regarding his or her qualifications has been examined and meets the requirements of 10 TAC Chapter 20 as described above. ~~ _ 09/05/2013 Signature of Administrator Date WARNING: Title 18, Section 1001 of the U.S. Code makes it a criminal offence to make willful, false statements or misrepresentations to any department or agency in the United States as to any matter within its jurisdiction. TDHCA Housing Trust Fund Qualified Inspector Certification July 2013 III. Qualified Inspector Certification
  • 145. City of San Angelo Memo DATE: August 8, 2013 TO: Mayor and Council Members FROM: Robert Salas, Director of Community Development SUBJECT: Agenda Item for September 17, 2013 Council Meeting CONTACT: Robert Salas 655-0824 CAPTION: Consent Consideration of authorizing the Housing Support Division to apply for access to the online Reservation System to reserve 2014-2015 Amy Young Barrier Removal Program funds managed by TDHCA and approval of a resolution allowing the City to participate in the program. ------------------------------------------------------------------------------------------------------------------------------------------------ Summary: The Housing Support Division requests approval to apply for access to the online Reservation System to reserve 2014-2015 Amy Young Barrier Removal Program funds and allow the city to participate in the program. History: Previously known as the HomeFree Barrier Removal and Rehabilitation Program, the Amy Young Barrier Removal Program is a program managed by the Texas Department of Housing & Community Affairs (TDHCA) which helps finance home modifications that include the addition of handrails and ramps, widening of doors, adjusting countertops and cabinets to appropriate heights, installation of buzzing or flashing devices for persons with visual or hearing impairments, and installation of accessible showers, toilets, and sinks. The Program provides one-time grants for up to $20,000 per home with at least 75 percent of each home’s total grant to be used for barrier removal. Up to 25 percent of each home’s total grant may be used for health or safety hazard removal, unless otherwise approved by the Department. Funds target qualifying individuals who earn no more than 80 percent of the area median family income. The city will be reimbursed directly after completion of each project. Financial Impact: Funds are reimburseable, so we foresee no overall financial impact. Related Vision Item: Neighborhood Revitalization. Other Information/Recommendations: Staff requests approval to proceed with the application process. Attachments: Resolution and Grant Application
  • 146. Presentation: None Publication: None Reviewed by Department Director: N/A
  • 147. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, 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 WHEREAS, the Amy Young Barrier Removal Program is managed by the Texas Department of Housing & Community Affairs to assist in the financing of home modifications to assist persons with handicaps that include adding handrails and ramps, widening doorways, adjusting countertops and cabinets to accessible heights, installing assistance devices for the vision or hearing handicapped, and the installing of accessible plumbing fixtures; and, WHEREAS, the City Council of the City of San Angelo finds it is in the best interest of the citizens of San Angelo, Texas, that the Council authorize application to access the Reservation System for 2014-2015 Amy Young Barrier Removal Program funds and application on behalf of the City of San Angelo Housing Support Division for such grant funds, and to accept grant funds awarded; and, WHEREAS, the City Council shall provide no matching funds for the award of said grant funds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SAN ANGELO, TEXAS, THAT: The City Council for the City of San Angelo: approves application to access the reservation system for 2012-2015 Amy Young Barrier Removal Program Funds on behalf of the San Angelo Housing Support Division; designates Daniel Valenzuela, City Manager as the individual authorized to execute a written Reservation System Access Agreement and any other documents related to the application; and authorizes the acceptance of grant funds awarded. PASSED, APPROVED, AND ADOPTED this day of , 2013. CITY OF SAN ANGELO, TEXAS ____________________________ ATTEST: Dwain Morrison, Mayor _______________________ Alicia Ramirez, City Clerk
  • 148. APPROVED AS TO CONTENT: APPROVED AS TO FORM: _______________________________ ___________________________ Robert Salas, Neighborhood & Family Lysia H. Bowling, City Attorney Services Director
  • 149. City of San Angelo Memo Meeting Date: September 3, 2013 To: City Council members From: Kevin Boyd, Planner Subject: Z13-25: Efraim and Lupe Puente, a request for approval of a zone change from Ranch & Estate (R&E) to Single-Family Residential (RS- 1) to allow for single-family residences, on the following property: Location: 801 Fisher Street, located at the northwest corner of the intersection of Townview Lane and Fisher Street; more specifically occupying the Porter Highland Acres, Block 2, Except N 350' of W 122.9' and S 25' of Lot 30, in western San Angelo. Purpose: Approval or this request would zone the property Single-Family Residential (RS-1) Contacts: Efraim Puente Jr. / Lupe Puente, Owners 325-374-4262 Kevin Boyd, Planner 325-657-4210 Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, 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 &
  • 150. 2 Estate (R&E) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Summary: The City Council may: (1) Recommend approving the proposed zone change as requested; or (2) Recommend modifying the application to some alternative zoning classification believed to be more appropriate; or (3) Deny the proposed zone change, altogether. Recommendation: Planning staff recommends approving the proposed zone change request from Ranch & Estate (R&E) to Single-Family Residential (RS-1). Planning Commission recommended approval of this request by a vote 4-1 on August 19, 2013.
  • 151. 3 History and Background: The property in question is located in the Poulter Highland Acres, Block 2, roughly 3 miles west of downtown. In late 2004, two zone change requests (Z04-10 and Z04-12) were made to effectively change the zoning of Lots 30 and 31 – each measuring around 2.5 acres – from Ranch & Estate (R&E) to Single-Family Residential (RS-1). Lot 31, which is subject to this request, was denied by Council because of issues stemming from the inadequate pavement width of Fisher Street, refer to the related October 2004 Council minutes below. General Information Existing Zoning: Ranch & Estate (R&E) Existing Land Use: A single-family detach residence, mostly open space Surrounding Zoning/Land Use: North: Ranch & Estate (R&E) and Single-Family Residential (RS-1) Single-family detached residences, San Angelo Soccer Complex and San Angelo State Park West: Single-Family Residential (RS-1), Ranch & Estate (R&E) and General Commercial (CG) Single-family detached residences and areas of open space South: Ranch & Estate (R&E) Open space, West Side Baptist Church and Houston Harte Expressway East: Ranch & Estate (R&E) and General Commercial / Heavy Commercial (CG/CH) Natural Resources Conservation Service (Zone Office), Rainbow Play Systems, Inc., David P. Dusek Construction, Exco Resources, Inc., detached residence and Stripes (gas station) Thoroughfares/Streets: Fisher Street and Townview Lane are identified as "local streets", designed to carry light neighborhood traffic at lower speeds and generally connects to collector streets. Houston Harte Expressway is identified as a "Freeway", designed to carry heavy traffic at high
  • 152. 4 speeds. The roadway is void of traffic signals or stop signs to allow for a unobstructed, seamless flow. Zoning History: This property was annexed into the city in March of 1956. Applicable Regulations: Allowed uses for this property can be found in Section 310 (Use Table) of the Zoning Ordinance Development Standards: Residential development standards are outlined in Section 501 of the Zoning Ordinance. All required off-street parking and the connection(s) to a public right-of-way are required to be paved. Vision Plan Map: Neighborhood Related Comp Plan Excerpts: “Promote better transition between nearby commercial and residential use of land and buildings.” "Require a buffer separating commercial, industrial, or agricultural zoned lands from neighborhoods." "Promote neighborhood diversity and security by encouraging a mix of age, income, and housing choices within San Angelo's neighborhoods." "...encourage appropriate and supportive infill development at Neighborhood Centers." "Establish transition areas to better "scale-down" intensity of use from commercial centers to neighborhoods." "...this [access to Neighborhood Centers] is best achieved through clustered commercial centers, but also through increased access and connectivity between the neighborhoods and their associated Neighborhood Centers." "...slowly reorganize commercial corridors into clusters..."
  • 153. 5 "Create new physical connections to neighborhoods lined with transitional and intermediate uses." Special Information Traffic Concerns: Changing the zoning to a more intensive residential district has the potential to generate additional traffic than if the property remained as- is. Parking Requirements: Vary depending upon the use of the property, see Section 511 of the Zoning Ordinance. Parking Provided: Dwelling units require a minimum of 2 parking spaces, per Section 511.B of the Zoning Ordinance. Density: Surrounding tracts in the area vary from low to medium-density residential and commercial. West Houston Harte Frontage Road provides opportunities for commercial development, within a block to the southeast of the property. Notification Required: Yes Notifications Sent: 17 Responses in Favor: 2 Responses in Opposition: 1 Analysis: In order to approve this zone change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council. 2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.
  • 154. 6 3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land. 4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment. 5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment. 6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need. 7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community. The staff recommendation is based upon the statements listed below. Staff believes that the zone change meets all of the criteria outlined, thus recommending approval of the change to Single-Family Residential (RS-1). The request is consistent with the city's plans and policies and aspects of the Vision Plan which envision an area within roughly 300 feet of the centerline of Fisher Street (to the east and west) and points north and south, to be designated as ‘Neighborhood’. The category ‘Neighborhood’ is compatible with districts that include RS-1, RS-2, RS-3 zoning. Roughly 150 feet west of the property, the Plan calls for 'Rural' development - this is the case for much of Block 2 of the Poulter Highland Acres. The site is approximately 400 feet south of the San Angelo State Park (approximately 7,700 acres) and San Angelo Soccer Complex, that is largely designed as 'Open Space'. The most common building type is single-family detached residences which varies from low to medium density. Approval of this request will likely introduce higher density residential development and is consistent with the intent of the Comprehensive Plan. The request is consistent with the Zoning Ordinance. A change to RS-1 zoning will continue to limit the principle land use to single-family detached housing. Under RS-1 zoning, the maximum (total) size of accessory structures is reduced from 100 percent to 50 percent or 600 square feet of the existing primary structure (whichever is greater). More significantly, a zone change from R&E to RS-1 means a reduction in the minimum lot size from an acre to 50’ x 100’. Some conditional uses allowed in the district include religious institutions, safety services and schools. The tract in question consists of a single lot and measures roughly 1.5 acres (511’ x 125’), which far exceeds
  • 155. 7 the minimum lot size for RS-1 zoning. Conceivably, if the requested zone change is approved, several lots can be created for further development (which is staff's understanding as the intent for this request at this time). While the area largely reflects low density, single-family residential development – much of the lots to the west, along Townview Lane and Mercedes Avenue have been nearly equally subdivided with a common size of around 1.4 acres. Residences have been developed on the large size tracts, and in some instances, adjacent parcels with a common ownership have been entirely preserved as open space. Across the street, along Fisher Street, 9 lots were rezoned to RS-1 back in 2004. As a result, the lots are allowed to be much smaller – each measure roughly 60 feet x 122 feet. The area to the has recently become more dense with the development of new homes constructed on about 7 out of the 9 subdivided lots (the 2009 aerials in the attachment section below does not fully capture recent development in the area). Just east of the RS-1 zoned lots are several commercial businesses in General Commercial (CG) and General Commercial / Heavy Commercial (CG/CH) zoned areas along West Houston Harte Frontage Road. It is important to note that much of Block 2 is primarily zoned R&E, particularly west of Fisher Road. South of the subject property is a church and a few vacant residential properties. The southern portion of Block 3, north of Arden Road, is zoned CG/CH (from points east of the intersection with Glenna Street to the edge of the city-limits to the far west). RS-2, RM-1 or RM-2 zoning are not suitable for the area, given elements of the site and built environment. The street pavement width for Fisher Street is approximately 36 feet - 4 feet shy of the minimum requirement for a local street. If the tract is further subdivided, the owner of the property will be held responsible for any street improvements or public dedication of land (or right-of-way). The elongated configuration of the lot, 511' x 125’, severely limits the construction of multiple apartments – allowed in RM-1 and RM-2 zoning – on the property. As such, if a increase of intensity is sought by the property owner, RS-1 zoning is the most practical fit given the characteristics and features of the area; more intensive residential uses would not create or promote a buffering effect on the more sprawling, lower density established development west of this property. This request represents changed conditions to the current Ordinance, in that, RS-1 zoning allows for higher density development as a result of reductions in the minimum lot size for the district. The proposed zoning will allow for the tract to be further subdivided into smaller lots. In addition, the required setbacks is reduced, to a 25 foot front yard, 20 foot rear year and 5 foot side yard, refer to 501.A. of the Zoning Ordinance. The request is consistent with the Vision Plan of the Comprehensive Plan which calls for ‘Neighborhood’ development, which will not require an amendment to the map. Staff expects that the proposed zone change will have minimal negative impacts on the natural environment. The change will provide opportunities for higher density
  • 156. 8 development, the change zoning is not significant. Much of the site remains vacant, open space – very little trees or other vegetation exists on the tract (although there is a small concentration of bushes along the northern portion of the site). Staff finds that further development will not impact the environment in any substantial way. The requested zoning represents a community need. The proposed zoning is the most common residential district within the city and this request will provide opportunities for further land development along Fisher Street. From an ecological standpoint, this request inherently seeks to develop within an established area of the city rather than carving out large, sprawling tracts along the city’s outer edge. It takes advantage of an area that is somewhat developed (with all infrastructure available), and with recent growth, has been transitioning more into an established residential neighborhood. Economically, this request provides opportunities for higher density residential development that will place less strain on the city’s ability to provide essential services, compared to sprawling development along the edge of town. Staff finds that the proposed zone change represents local and orderly development. RS-1 is ideal for the subject area for various reasons. Presently, a more intensive, RS-1 zoning exists just across the street. Fisher Street stretches slightly less than 900 feet and much of street is developing into an established neighborhood - in the past couple of years several homes have been developed on subdivided lots, east of the street. Moreover, given the fact that RS-1 zoning already exists directly across the street – this change creates a ‘mirror effect’, continuing the RS-1 zoning to the site represents logical development. The vantage looking north along the street, one can see a visually stark difference between the developed lots (to the east) and the vast open space of the subject lot. If this request is granted, the properties along Fisher Street will serve as an area of transition to the large, less dense tracts to the west. Approval of this request will provide higher intensive residential zoning that allows for smaller lot sizes and ensures consistent development along the street. Proposed Conditions N/A
  • 157. 9 Attachments: Excerpt from zoning map, showing the general location within the City of San Angelo; Excerpt from zoning map, highlighting subject property; Aerial photo, highlighting subject property; Excerpt from the comprehensive plan vision map highlighting the subject property; Excerpt of the favor/opposition notification map; Approval of Z 04-10 and denial of Z 04-12 (subject area), previous zone changes in the area (October 2004); Approved minutes from Z 04-10 and Z 04-12 (October 2004). Citizen Response; Draft minutes from 08/19/13 Planning Commission meeting; and Draft Ordinance. Presentation: Kevin Boyd, Planner Reviewed by: Jeff Hintz, Interim Senior Planner (08/08/13)
  • 158. 11
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  • 162. 15
  • 163. 16
  • 164. 17
  • 165. VII. Requests for Zone Change. [Planning Commission makes recommendation; City Council has final authority for approval.] A. Z 13-25: Efraim and Lupe Puente A request for approval of a zone change from Ranch & Estate (R&E) to Single- Family Residential (RS-1) to allow for household living as defined in Section 313.B of the Zoning Ordinance, on the following property: 801 Fisher Street, located at the northwest corner of the intersection of Townview Lane and Fisher Street; more specifically occupying the Porter Highland Acres, Block 2, Except N 350' of W 122.9' and S 25' of Lot 30, in western San Angelo. Kevin Boyd, Planner, came forward to present this request, consistent with the staff recommendation of approval. Seventeen notices were sent and two were received in favor at the time of the meeting and one was received in opposition. Mr. Boyd went over some photos and maps of the area, to familiarize the commission with the subject property. The criteria mandated of the request was discussed by Mr. Boyd and at the conclusion of the presentation Mr. Boyd offered to answer any questions. Ms. Jones asked about spot zoning of this property is this request were to be approved. Mr. Boyd and Mr. Hintz went over the zoning in the current area and the consistency with the Comprehensive Plan. There is also an RS-1 zoning designation directly across the street from the property subject to this request. Mr. Farmer stated that he was on the steering committee for the Comprehensive Plan and that this type of infill development was encouraged as a way to develop without taxing infrastructure and growing the community further out. There was some general discussion of utilities available in this area as well. Allen Eckert, a property owner nearby came forward to speak in opposition of the request and stated he was property owner 5 on the map that was presented to the commission. He had also written in a letter of opposition as well. Concern about traffic and backups in the area and on street parking was also discussed generally with the Commission. There was some general concern about notifications to property owners in the area. Mr. Boyd an Mr. Hintz clarified that the most recent tax roll available to staff was used to generate the notification list, and that owners of property were notified, people renting or people who recently transacted property may not be reflected at this time. Mr. Boyd clarified that sign was placed with the Planning Division's number on it and the Members of the Commission confirmed that the signage was still there as of the weekend. Jay Hoover, a property owner nearby came forward to speak in opposition, and stated he was property owner number 9 on the map and had also attempted to fax in a letter but had also mailed this letter in. Mr. Hoover had some concerns about animals on nearby Ranch & Estate Zoned properties as well as traffic and parking concerns.
  • 166. Mr. Puente, the owner of the property to be rezoned, came forward to speak in favor of the request and stated that he liked the newer development across the street and felt this type of development on his property would be appropriate given the development already in place for the area. Steve Floyd came forward to speak in favor of the request and also has a contract to purchase the property if the zoning is changed. He also plans to live in this area and will seek a subdivision on the property. This subdivision would also include street improvements, curbing, and any extensions of mains as well. Wes Mccaden came forward to speak on the request, he is the owner of property 11 on the map presented to the commission. His concern was that if this property was subdivided a fence could be build which would possibly obstruct his view from the property he owns. Some general discussion about the subdivision process took place and it was confirmed that street improvements would be required at the time if the property was ever subdivided to introduce further growth into the area. Motion to approve as presented was made by Bill Wynne and seconded by Sammy Farmer. The motion passed 4-1 with Darlene Jones voting in opposition.
  • 167. 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 RE: Z 13-25: Efraim and Lupe Puente WHEREAS, the Planning Commission for the City of San Angelo and the governing body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations and a zoning map, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all property owners and persons interested, generally, and to persons situated in the affected area and in the vicinity thereof, is of the opinion that zoning changes should be made as set out herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 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, shall henceforth be permanently zoned as follows: Single-Family Residential (RS-1) District. The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove described property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended. SECTION 3: That the following severability clause is adopted with this amendment: SEVERABILITY:
  • 168. The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. SECTION 4: That the following penalty clause is adopted with this amendment: PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense. INTRODUCED on the 3th day of September, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 17th day of September, 2013. THE CITY OF SAN ANGELO ____________________________________ Dwain Morrison, Mayor ATTEST: ________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 169. City of San Angelo Memo Meeting Date: September 3, 2013 To: City Council members From: Jeff Hintz, Interim Senior Planner Subject: A request to abandon a segment of alley right-of-way on the following property: Property: 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. Purpose: Approval of this request would abandon the alleyway. Contacts: Quinda Feil-Duncan, Baptist Memorial 655-7391 Jeff Hintz, Interim Senior Planner 657-4210 Caption: First Public Hearing and consideration of 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
  • 170. Summary: The City Council may: (1) Approve the proposed abandonment; (2) Modify the abandonment conditions to those believed to be more appropriate; or (3) Deny of the proposed abandonment. Recommendation: City staff recommends approving the proposed abandonment, subject to conditions outlined in this staff report. Planning Commission recommended approval of this request, subject to conditions by a vote of 6-0 at the August 19, 2013 meeting. History and Background: General Information Existing Zoning: Two-Family Residential (RS-2) Existing Land Use: Alley lies between vacant property and retirement community. Surrounding Zoning/Land Use: North: RS-2 Retirement Community West: RS-2 Vacant property South: RS-2 Vacant property East: RS-2 Church Storm Water/Drainage: Any drainage issues will be incorporated into the storm water drainage study required with the plat of Baptist Retirement Community AL-MC Houses, Section 1. Topography: Abandonment of the right-of-way is not expected to generate any elevation problems or issues. Water/Sewer Utilities: Requires a 20' open and unobstructed utility easement be reserved across this alleyway to provide future access to facilities. Fire Protection: No Fire Access issues are expected to be generated as a result of this abandonment. Final access to the site will be determined in site plan and permitting process. Access Management: No access management issues are anticipated as a result of this abandonment.
  • 171. Notification Required: Yes Notifications Sent: 7 Responses in Favor: 0 Responses in Opposition: 0 Special Information Private Utilities: AEP and Atmos will require a 20' open and unobstructed utility easement to be located where this alleyway currently sits. This has been brought to the attention of the applicant so the easement be reserved on the proposed plat of the Baptist Memorials Retirement Center AL-MC Houses, Section 1. Traffic Concerns: Traffic patterns for this area should remain unaffected. This portion of alley has effectively serves Baptist Memorials property. Through the closure, Baptist Memorials will still maintain access to the alleyway at their discretion as property owners on both adjacent sides of the alleyway. Given the requirement of an open and unobstructed easement, this property to be abandoned will remain as is for the most part. Rationale for staff's recommendation: This unimproved alleyway is adjacent to properties owned by the Baptist Memorials Retirement facility and does not access other properties for the segment that is proposed to be abandoned. At this time, Atmos, AEP, and a City maintained facilities run through this alleyway. There is no concern in closing this alleyway as it is currently underutilized. The condition listed below ensures that the facilities in place by these utilities will still be able to be maintained, yet will allow the retirement facility to maintain private ownership and control of this alleyway. The unimproved status of the alleyway and general lack of development in the area also aid in staff's recommendation. Abandoning this alleyway for the project on this series of property is the final step for Baptist Memorials Retirement Center to combine a series of properties into one lot for the purposes of building an assisted living facility in this area. This request essentially seeks to tie all the property into this area into one conglomerate with no public right-of- ways in between. Since all parties will have their concerns addressed, and there are no access issues created for this property or others nearby, staff recommends approval of the request subject to the condition listed below. Proposed Conditions 1. Reservation of a 20' open and unobstructed utility easement (where the alleyway currently runs) to serve AEP, Atmos, and Water Utilities access to maintain
  • 172. existing facilities. This reservation of easement shall take place on the Baptist Retirement Community AL-MC Houses, Section One Plat document. Attachments: excerpt from zoning map, showing the general location within the City of San Angelo; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; excerpt of original plat of the Cornick Addition; draft minute excerpt from August 19, 2013 Planning Commission meeting; and draft ordinance. Presentation: AJ Fawver, Interim Director of Development Services.
  • 173. 3. Requests for Right-of-Way Abandonment. [Planning Commission makes recommendation; City Council has final authority for approval.] A. Alleyway north of Cornick Addition Block 2, Lots 8-11 A request to abandon a segment of alley right-of-way on the following property: 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. Item 3 was requested to be pulled from the Consent Agenda for discussion by the group. Jeff Hintz, Interim Senior Planner, came forward to present Item 3 from the Consent Agenda, subject to the staff recommendation of approval. There were seven notices sent out, with zero returned in favor or in opposition to the request. Mr. Hintz explained that all internal departments, as well as external utilities, are approached for their comments on the proposal. In this request, there were no comments from these parties received in opposition to the proposal. There is one condition staff would suggest for approval, requiring the utility easement to be reserved. Dennis Reed came forward to speak on this request. He provided three pictures to the Commission members for their discussion. He explained that he is in attendance to speak in opposition to this request. They feel that this would create access issues for the nearby church, which he is affiliated with. Russell Gully, representing the applicant, came forward to speak on this matter, and explaining that the existing alley is largely inaccessible because they are putting in a fully-improved hammerhead turnaround for fire & emergency vehicle purposes. The applicant will improve the alley as a drive approach. There was a requirement in the fire code for a fire lane to wrap around the property and the hammerhead turnaround meets those code requirements. Darlene Jones asked a question of staff regarding the conditions. Motion, by Valerie Priess to approve as presented, and seconded by Teri Jackson, was approved unanimously, 6-0.
  • 174. AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING ALLEY, 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 DELIEVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS RE: abandonment of a public right-of-way being a portion of an alley in Block 2, of Cornick's Addition, running perpendicular to Holcomb Street and south of Baptist Memorials Geriatric Addition, Section 2, Block 2, Lot 1. WHEREAS, the City Council of the City of San Angelo, Texas, acting pursuant to law, deems it advisable to abandon and convey the hereinafter described tract of land to the abutting property owner and is of the opinion that said land is not needed for public use, and that same should be abandoned and quit claimed to the abutting property owner as hereinafter provided; and WHEREAS, the City Council of the City of San Angelo, Texas is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying same to the abutting property owner, subject to conditions and restrictions contained herein; NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF SAN ANGELO: 1. That the following described tract in the City of San Angelo, Tom Green County, Texas be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned; subject, however, to the conditions and restrictions hereinafter more fully set out: BEING the entire 20-foot width and 450-foot length of right-of-way for a public alley dedicated immediately south Baptist Memorials Geriatric Addition, Section 2, Block 2, Lot 1, which said alley is described more particularly as follows: BEGINNING at a point on northeast corner of the Cornick Addition, Block 2, Lot 11; THENCE in a northerly direction a distance of 20 feet; THENCE in a westerly direction a distance of 450 feet; THENCE in a southerly direction a distance of 20 feet; THENCE in an easterly direction a distance of 450 feet to the POINT OF BEGINNING.
  • 175. 2. That the abandonment and conveyance provided for herein is made and accepted subject to all present zoning and deed restrictions, if the latter exist, and all existing easements, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise. 3. That the abandonment and conveyance provided for herein shall extend only to the public right, title, easement and interest and shall be construed to extend only to the interest which the governing body for the City of San Angelo may legally and lawfully abandon and vacate. 4. That the Mayor of the City of San Angelo is hereby authorized to execute and deliver a quit claim deed conveying the above-described tract to the abutting property owner. 5. That the terms and conditions contained in this ordinance shall be binding upon Grantees and assigns. 6. That the Grantees shall pay all reasonable costs associated with procedures necessitated by the request to abandon this public right-of-way. INTRODUCED on the 3rd day of September, 2013 and finally PASSED, APPROVED AND ADOPTED ON this the 17th day of September, 2013. CITY OF SAN ANGELO, TEXAS ATTEST: by: ______________________________ by: ______________________________ Dwain Morrison, Mayor Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 176. City of San Angelo Memo Meeting Date: September 3, 2013 To: City Council members From: Roxanne Johnston, Planner Subject: Z 13-26: Mills Development, Inc. A request for approval of a zone change from Ranch & Estate (R&E) to Single-Family Residential (RS-1) to specifically allow for household living as defined in Section 313.B of the Zoning Ordinance on the following property: Location: 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. Purpose: Approval of this zone change request by City Council would zone property as a Single-Family Residential (RS-1) Zoning District. Contacts: Rocky Templin, Developer 325-944-1174 Roxanne Johnston, Planner 325-657-4210 Caption: First Public Hearing and consideration of 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
  • 177. 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 Summary: The City Council may: (1) Approve the proposed zone change; (2) Remand the application back to Planning Commission for further discussion, in which case another public hearing will need to be scheduled; or (3) Deny the proposed zone change. Recommendation: Planning staff recommends approving the proposed zoning classification to Single-Family Residential (RS-1). Planning Commission unanimously recommended approval of this request by a vote of 5-0 on August 19, 2013. History and Background: This property was recently annexed into the City limits on August 6, 2013 after two public hearings for comment for/or against annexation were held in addition to the introduction and approval of an ordinance and a service plan for the area. It is located directly west of another recently annexed property which was zoned RS-1 on April 16, 2013. In anticipation of this zone change request, the applicant submitted three subdivision requests for the August 19, 2013 meeting of the Planning Commission. These requests were unanimously approved by the Commission, and are extensions of the Prestonwood Addition, Section 1, recorded on July 18, 2008, and Section 1B, recorded on April 27, 2009, by the Tom Green County Clerk.
  • 178. General Information Existing Zoning: Ranch & Estate (R&E) Existing Land Use: Vacant, undeveloped property Surrounding Zoning/Land Use: North: CG John Deere South Plain Implements West: Un-zoned Un-annexed & un-developed property South: RS-1/un-zoned Single-family residences, vacant property East: RS-1 Development of single-family residences Thoroughfares/Streets: Pinion Ridge is defined as a “collector street” and is designed to provide direct access to residential, commercial and other land uses. Mills Pass Drive and the proposed extensions and placement of Kensington Creek, Huntleigh Drive and Willeke Drive are defined as "Local Streets" and are designed to carry light neighborhood traffic at lower speeds and generally connect to collector streets. Zoning History: Newly annexed property is zoned Ranch & Estate (R&E) by default as called for in Section 303.A of the Zoning Ordinance. This property has no previous zoning history. Applicable Regulations: Allowed uses for this property can be found in Section 310 (Use Table) of the Zoning Ordinance. Development Standards: Section 501 of the Zoning Ordinance covers general development standards for the property. Minimum Lot Area – 5,000 sq ft Minimum Lot Dimensions – 50x100 Minimum Front Yard – 25 ft Minimum Side Yard – 5 ft Minimum Rear Yard – 20 ft Maximum Floor Area Ratio – 0.4 (40%) Maximum Height – 35 ft
  • 179. Vision Plan Map: Neighborhood Related Comp Plan Excerpts: “Create new physical connections to neighborhoods lined with transitional and intermediate uses." "Promote neighborhood diversity and security by encouraging a mix of age, income, and housing choices within San Angelo's neighborhoods.” “All residents within each neighborhood boundary should be able to meet their daily needs within a reasonable and accessible distance from their home.” "Variety of residential product types - multi-family, townhomes, courtyard homes, patio homes, etc." "Coordinate with San Angelo Independent School District (SAISD) to improve walkability and connections between neighborhoods and nearby schools." Special Information Traffic Concerns: Changing the zoning from a very low density residential zone requiring one acre lots to a zoning classification that allows for lots that are 5,000 square feet will most likely increase density and traffic impacts on the area. However, the access to collector and arterial streets will adequately handle this increased density. Parking Requirements: Section 511 of the Zoning Ordinance covers parking improvement standards and amounts. One and two family dwellings require 2 off-street parking spaces per dwelling unit. Parking Provided: The property is undeveloped at this time. Parking spaces will be required to be provided as housing units are constructed. Density: This general area is of low density residential and vast acreages of undeveloped property.
  • 180. Notification Required: Yes Notifications Sent: 14 Responses in Favor: 2 Responses in Opposition: 0 Analysis: In order to approve this Zone Change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council. 2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance. 3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land. 4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment. 5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment. 6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need. 7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community. The staff recommendation is based upon the statements listed below. Staff finds this zone change request to be both consistent with plans and policies adopted by the City and also with the Zoning Ordinance. For example, the goal of
  • 181. the Comprehensive Plan is to guide community growth in a sustainable way providing opportunities for growth both now and in the future. Although development of low density, single-family detached neighborhoods is not ideal along major thoroughfares such as Sherwood Way, quick access to them are. This area is buffered from the highly trafficked Sherwood Way (US Highway 67) and offers potential residents quick access to the core of the city by access to Loop 306. Additionally, this area is located near shopping, medical and emergency facilities, and a public school, which is both practical and optimal for this type of development. Another way this zone change request is consistent to the Comprehensive Plan for this area of the community is because it is occurring next to similar development and away from incompatibly zoned areas. Additionally, this request will aid in the steady predictable patterns of growth present already within this portion of the community. This serves to illustrate one of the central intentions of the Zoning Ordinance, which is in place to ensure consistent predictable growth across all segments of the community, both now and in the future. Staff found this request to be compatible with the surrounding area. The current trend and envisioned growth through the Vision Plan for this area is as "Neighborhood" and would require no amendment should this request be approved. Consequently, neighborhood growth has progressed relatively quickly, but more importantly, also thoughtfully. RS-1 lots are substantially smaller in size than the 1 or more acre lots that are required with R&E zoning. The proposed subdivisions that tie into the existing development thereby establishing single- family home sites are consistent with anticipated growth and development patterns the area is currently experiencing. As a result, the smaller lot sizes will allow for greater area density and thus add to the pedestrian experience. For example, families with children who locate in the area may enjoy walking to and from a nearby school which not only saves natural resources and minimizes area traffic, but also provides exercise. Safe, pedestrian oriented neighborhoods are a yet another goal of the City’s Comprehensive Plan which further illustrates that this request for RS-1 zoning is certainly along those lines. Staff anticipates environmental changes as development takes place, given the current undeveloped status of the site now and notes that any future development will have some impact on the environment. Although R&E zoning typically incurs the least amount of impact on a property, RS-1 is also a very low impact type of zoning when compared to other more dense residential zoning categories and commercial designations. This isolated location from the highway will provide a relatively quiet area for the future development of home sites. Therefore, staff does not anticipate any adverse environmental impacts from this zone change and subsequent proposed development.
  • 182. The community has been growing in a steady fashion for the past decade. With recent technological advancements in the extraction of natural resources in the area, there is a demand for more housing opportunities to house individuals and families working in this field. One component of this demand for housing options is single-family residences, however it should also be noted townhomes, duplexes, patio homes, and apartments are also choices that are viable within a neighborhood envisioned area of the Vision Plan and also have the ability to fill this demand. Given the current development patterns of this area, staff finds that RS-1 zoning is appropriate here and will help to fill a community need while ensuring that development patterns remain consistent. This area has access to thoroughfares capable of carrying future residents to and from home; the area is also located within a few miles of numerous retail opportunities that will help future residents meet their daily needs within a reasonable distance from home. This close proximity to commercial uses may also provide these retailers and businesses a steady potential employment base as well as customer base as the area continues to grow. Staff finds this request to be consistent with all seven criteria mandated of the request and therefore recommends approval of this zoning change for all the reasons mentioned within this report. Proposed Conditions N/A Attachments: excerpt from zoning map, showing the general location within the City of San Angelo; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; excerpt from the comprehensive plan vision map highlighting the subject property; excerpt of the favor/opposition notification map; citizen response letters; draft minutes from the 08/19/13 Planning Commission Meeting; and draft ordinance. Presentation: AJ Fawver, Interim Director of Development Services
  • 183. Reviewed by: Jeff Hintz, Interim Senior Planner (8/08/2013)
  • 184. MINUTE RECORD OF THE CITY OF SAN ANGELO PLANNING COMMISSION MEETING HELD ON MONDAY, AUGUST 19, 2013 AT 9:00 AM IN THE SOUTH MEETING ROOM OF THE SAN ANGELO CONVENTION CENTER, 500 RIO CONCHO DRIVE, SAN ANGELO, TEXAS PRESENT: Teri Jackson, Mark Crisp, Valerie Priess, Darlene Jones, Bill Wynne, Sammy Farmer ABSENT: Ryan Smith (resigned) STAFF: AJ Fawver, Interim Director of Development Services Jeff Hintz, Interim Senior Planner Kevin Boyd, Planner Roxanne Johnston, Planner B. Z 13-26: Mills Development A request for approval of a zone change from Ranch & Estate (R&E) to Single-Family Residential (RS-1) to specifically allow for household living as defined in Section 313.B of the Zoning Ordinance, on the following property: 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. Roxanne Johnston, Planner, came forward to present this request, consistent with the staff recommendation of approval. Fourteen notices were sent and two were received in favor at the time of the meeting and none were received in opposition. Ms. Johnston went over some photos and maps of the area, to familiarize the commission with the subject property. The criteria mandated of the request was discussed and at the conclusion of the presentation she offered to answer any questions. There were no questions from the Commission and no one came forward to speak in favor or in opposition of the request. Motion to approve as presented was made by Bill Wynne and seconded by Mark Crisp. The motion passed 5-0.
  • 185. 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 RE: Z 13-26: Mills Development, Inc. WHEREAS, the Planning Commission for the City of San Angelo and the governing body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations and a zoning map, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all property owners and persons interested, generally, and to persons situated in the affected area and in the vicinity thereof, is of the opinion that zoning changes should be made as set out herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 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 shall henceforth be permanently zoned as follows: Single-Family Residential (RS-1) District. The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove described property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended. SECTION 3: That the following severability clause is adopted with this amendment: SEVERABILITY:
  • 186. The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. SECTION 4: That the following penalty clause is adopted with this amendment: PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense. INTRODUCED on the 3rd day of September, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 17th day of September, 2013. THE CITY OF SAN ANGELO ____________________________________ Dwain Morrison, Mayor ATTEST: ________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 187. City of San Angelo Memo Date: September 4, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Agenda Item for September 17, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: Discussion of naturally occurring radioactive material as it relates to the Hickory Groundwater Supply Project. (Presentation by Water Utilities Director Ricky Dickson) Summary: Representatives from an independent consulting firm (Jacobi Consulting) that specializes in nuclear regulatory issues will provide a presentation on the levels of naturally occurring radioactive material found the Hickory Aquifer and the regulatory, health and environmental risks associated with the production, transportation and treatment of the water. History: In 2008 the City Council and the Water Advisory Board recommended that the Hickory Aquifer be developed as a water supply source for the City of San Angelo. Following preliminary feasibility studies and securing of a low interest loan from the Texas Water Development Board, construction on the first Hickory project began in the Fall of 2011. Since this time five projects have been designed, advertised and awarded for construction. The last project, Well Field Expansion – Package 2, is in the design phase. Water produced from the aquifer contains the naturally occurring radioactive element radium in concentrations that produce about 37 pCi/L of radionuclides. This level of radioactivity exceeds the 5 pCi/L maximum contaminate level established by the TCEQ. The treatment plant will reduce the radionuclide level so that the level in the produced water does not exceed the regulatory limit. Financial Impact: None. Other Information/Recommendation: N/A Attachments: Presentation Presentation: Ricky Dickson. Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, September 4, 2013.
  • 188. City of San Angelo Memo Date: September 13, 2013 To: Mayor and Councilmembers From: Tim Wolff, Stormwater Engineer Subject: Agenda Item for September 17, 2013 Council Meeting Contact: Tim Wolff, Engineering Services Division, 657-4202 Caption: REGULAR Agenda Item Presentation and discussion on installing sidewalks along W 19th Street between N Bryant Blvd and the railroad west of Lillie Street  Summary: The area around W 19th Street west of N Bryant Blvd has significant pedestrian activity; however, concrete sidewalks have only been provided along the residential streets of that area. Pedestrians also walk along 19th Street, as evidenced by the worn trail through the grass on the south side of the street. Previously, no funding has been approved for a sidewalk project on 19th Street mostly because of the challenges involved in constructing those sidewalks. Right- of-way must first be acquired, and then plans must be created showing a sidewalk path meandering through the numerous physical obstacles. This item is to present the challenges and options to providing a safe, convenient pedestrian path along W 19th Street. History: This topic was first discussed in depth by the City several years ago when the Neighborhood and Family Services Department investigated using grant funds to increase safety in the Blackshear neighborhood by building sidewalks on several streets. Director Bob Salas, along with area resident Jerry Sea, went door-to- door visiting with neighbors to solicit opinions on a proposed sidewalk along 19th Street. The response was overwhelmingly positive; however, the estimated steep cost of construction halted further discussion of the idea at that time. The topic has been broached a few times since then with no physical action taken. Financial Impact: $135,800 to $214,700 (preliminary estimate) Related Vision Item (if applicable): Neighborhood Vision – This project will help to foster a sense of community; provide adequate amenities for a portion of this neighborhood; ensure safer neighborhood traffic; and attract reinvestment in this area. Transportation Vision – This project will aid the transportation system by creating safer pedestrian travel routes on sidewalk facilities along the roadway. Parks and Open Space Vision – This project will provide additional unstructured recreational opportunities (walking, jogging, etc.) and extend the pedestrian network between activity centers. Other Information/ Recommendation: This item is for discussion and may be added to the CIP discussion. Attachments: 1. Memo  to  Assistant  City  Manager  Michael  Dane  discussing  this  item,  challenges faced, and estimated costs. 
  • 189. Presentation: by Tim Wolff, Stormwater Engineer Publication: N/A Reviewed by Director: September 13, 2013 by A.J. Fawver, Interim Director of Development Services Approved by Legal: N/A
  • 190. City of San Angelo Engineering Services Memo Date: August 15, 2013 To: Michael Dane, ACM / CFO From: Tim Wolff, Interim City Engineer Subject: 19th Street Sidewalks Mr. Dane, The issue of sidewalks on the north side of 19th Street has been discussed and investigated for several years. Below you will find data, photos, and cost estimates for installing those sidewalks, as well as a discussion of the concerns and issues involved in placing the sidewalks in that area. SUMMARY COSTS Estimates for the construction of sidewalks along 19th Street are provided. Estimated Cost of Construction of 5’ Sidewalks along 19th Street from N Bryant Blvd to the Railroad Tracks Construction Cost Right-of-Way Acquisition Total Cost North Side $205,000 $9,700 $214,700 South Side $130,000 $5,800 $135,800 BACKGROUND This topic was first discussed in depth by the City several years ago when the Neighborhood and Family Services Department investigated using grant funds to increase safety in the Blackshear neighborhood by building sidewalks on several streets. Director Bob Salas, along with area resident Jerry Sea, went door-to-door visiting with neighbors to solicit opinions on a proposed sidewalk along 19th Street. The response was overwhelmingly positive; however, the estimated steep cost of construction halted further discussion of the idea at that time. The topic has been broached a few times since then with no physical action taken. DISCUSSION Because of a couple of serious issues, this project would not be as simple as a basic sidewalk project. The right-of-way along W 19th Street is essentially occupied by the entire street. On the north side, the right-of-way line is adjacent to the back of the curb, whereas the line on the south
  • 191. side is approximately two feet from the back of the curb. That leaves no room for a typical 5- foot sidewalk on either side. In addition, a few of the houses are relatively close to the street. A sidewalk would decrease the front yard, especially if the sidewalk was located a few feet from the curb. See Figure 1 below as an example of the limited right-of-way. FIGURE 1. PROPERTY LINES ALONG 19TH STREET Also, both sides of the street contain numerous obstructions to aligning a sidewalk. Obstacles such as trees, mailboxes, power poles, guy wires, signs, fences, planters, and landscaping are prevalent. Navigating a sidewalk through this area would likely mean that the sidewalk’s distance from the back of curb would vary, producing a winding path. Examples of obstructions are shown in Attachment A. The south side of 19th Street appears to have considerably fewer obstructions. Therefore, the construction cost of a sidewalk on that side is significantly cheaper. In addition, a sidewalk on the south side would not be required across the Stripes Convenience Store lot at the intersection of 19th Street with N Bryant Blvd – reducing the total length by about 200 feet for construction and right-of-way acquisition. Also, if you notice the worn pedestrian trails in Attachment A, they are currently on the south side. Evidently, that is the side of the street that is currently used for pedestrian traffic. That, of course, does not necessarily mean that pedestrians have a preference for a sidewalk on the south side; it may be merely because of the existing difficulties of traversing the north side. There are also short sections of existing sidewalk on the south side. SOLUTIONS Two solutions exist for the limited right-of-way concern. One option is to purchase a strip of land to widen the right-of-way. Land costs would likely not be high because of the general desire of the local residents to gain a sidewalk. Average land values in the area are $23,100 per acre on the north side and $19,600 per acre on the south. On the north side of the street, a
  • 192. ten-foot wide strip of land would contain about 0.38 acre, resulting in an estimated cost of $8,800. On the south side, it would be necessary to obtain approximately eight feet. An eight- foot wide strip would contain 0.27 acre, costing around $5,300. The numbers shown in the Summary above also include a 10% contingency. Another option is to have the residents grant a public use easement instead of actually purchasing the property. This should be a relatively cheaper alternative; however, it might create a sense of liability on the property owners’ part. If a person was injured while on another person’s property, the property owner may be liable for damages. Although this would not be common, there have been court cases regarding this issue. It is recommended to purchase the extra right-of-way outright, either on the north or south side. The widened right-of-way would also be beneficial for street maintenance, reconstruction, or widening. The costs shown in the Summary reflect fee simple purchases of a 10’ strip on the north side and an 8’ strip on the south side. The solutions to avoiding the many obstructions along 19th Street would include removal or relocation of the obstruction or avoidance by aligning the sidewalk in a meandering pattern. The costs shown in the Summary reflect a combination of the two methods and are merely “ballpark” estimates obtained through past experiences and conversations with contractors.
  • 193. ATTACHMENT A OBSTRUCTIONS TO SIDEWALK ALIGNMENT North Side – looking west:
  • 194. North Side – looking east:
  • 195. South Side – looking east:
  • 196. City of San Angelo Memo Meeting Date: September 17, 2013 To: City Council members From: Jeff Hintz, Interim Senior Planner Subject: Vision Plan - Proposed Amendment to the Comprehensive Plan for the following area of the City: Location: Properties located within an approximately 1,800 foot radius of the intersection of Armstrong Street and 28th Street in north-central San Angelo. Please see attached maps in this report for a more graphic depiction of this area. Purpose: Approval of this request will change the Vision Plan Map of the area Contacts: Jeff Hintz, Interim Senior Planner -and- 657-4210 AJ Fawver, Interim Director of Development Services Caption: APPROVAL OF 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. Summary: The City Council may: Approve the proposed Vision Plan map amendments as presented; Remand the Vision Plan map back to Planning Commission for further discussion; or Deny the proposed Vision Plan Map Amendment in its entirety or on a property by property basis; or Make Changes deemed necessary and approve the request.
  • 197. Recommendation: Planning staff recommends approving the proposed Vision Plan Map Amendment. Planning Commission recommend approval of this request by a vote of 5-0 at the August 19, 2013 meeting. History and Background: Mr. Art De La Pena approached staff about a zone change to a commercial usage in April of 2013 on a property he owns in this area. After discussion with staff and further elaboration into the business type that was proposed, an amendment to the Comprehensive Plan would need to take place before this request for commercial usage could be finalized. This request was brought to the Planning Commission on May 20th and the Planning Commission directed staff to re-examine the Comprehensive Plan's Vision Plan map in this area, and study the area to bring back a report and any recommended changes at a future meeting. Analysis: The staff recommendation is based upon the statements listed below. Generally speaking, the predominant land use of this area if one was forced to pick one word and summarize it would be residential. The overwhelming majority of this study area (95% of the parcels studied) were existing or currently zoned for residential development. That being said, staff is aware of the commercial presence in the area consisting of TX DOT, KLST & KSAN, as well as an auto repair shop (that is currently under construction), Vision Oil Tools (currently under construction), and the municipal water district office in this area. Many of these uses have existed for decades, but the major changes to the area are south of 28th Street and on the west side of Armstrong Street. in 2012, the Planning Commission heard a request for zone change that allowed the present construction of the auto repair shop in this area. Recently the site of Vision Oil Tools transitioned from an outdoor storage facility of vehicles, to that of a warehouse and office. This area has infrastructure present and is currently is overwhelmingly residential in nature. In looking at the Census Data for this area from 2010, this area is home to approximately 300-350 people at this current time; this is not exact, but it staff's best guess based upon the Census data gathered and remaining properties not included in the Census data. The data presented accounts for most of this area rather well, but there are areas included in staff's study area that do not match a Census Tract or Block. This is generally avoided whenever possible, so the data can be as accurate as possible; in this case it was not able to be avoided and the tract with the missing blocks (see attached map) stretches east to the Paulann area. As such it was not included in order to keep the data as accurate to this area as possible. The exact number of population for the blocks highlighted is 283 people at the time the Census information was collected in late 2009 and early 2010.
  • 198. At this time there were slightly more males than females; with a one exception (see the median age for Block 5006), the median ages for this study area are in the early 30's to early 50's. This grouping of people occupied 103 housing units, 80 of which the owner resided in and 23 which were rented out. The average household size for those units that were rented and those units that were owner occupied varied slightly, but the overall average for all the tracts was right around 3 persons per household. When looking at the age distribution and family distribution (knowing the average household is right around 3 people), this is very important to consider when making future land use decisions for this particular area. This tells one examining the numbers that the majority of this population are of working age and live in a family situation; 85% (240/283) of people identified their living situation as a family household at the time of the Census. When looking at the age of the existing population who are presently referred to as children or young adults, the majority of this group will be of working or post secondary education age (assumed to be 15-18 for this purpose) over the next decade. This means, this area will transition from more of a family environment, with children playing and a bit more noise to that of a quieter area in the coming decade. As children leave the house and venture out on their own, the needs and desires of the area will change. As adults with children reach retirement age, some may have more money since they are assumed in many cases, to no longer be supporting their offspring. In moving forward, alternative living options for current residents will likely become an issue for this area as yard maintenance and other home ownership responsibilities may become more of a problem in the future. As such, proper opportunities for a retirement center or assisted living facilities may become a desirable outcome in the future. Without them, many people could be forced to relocate from the neighborhood where they have lived for many years due to a lack of housing choices in an appropriate scale and location within the neighborhood. Now that there is a little bit of understanding about the existing population and area, staff can begin to address the current Vision Plan Map and any changes that need to be made to it. This area currently has a good network of collector, arterial, and local streets to handle traffic circulation both now and in the future for this residential development. Caution needs to be exercised when adding new commercial development so that it is focused at nodes to create centers of activity. Not only is clustering of commercial enterprises and higher density residential land uses consistent with the Comprehensive Plan, but it keeps existing neighborhoods of single family nature at this time quiet and isolated. Additionally, it keeps these traffic generating uses at major intersections where traffic can be handled and dispersed adequately, away from quiet residential neighborhoods. By keeping commercial uses at busier corners or nodes, and introducing appropriate buffers into the neighborhoods mixes of land uses can occur that promote appropriately scaled developed and isolation of neighborhoods at the same time. Long strips of commercial development along major corridors and four lane roads may seem popular in the short term, but are not sustainable or conducive to redevelopment in the long term. Chadbourne Street is a prime example of this; a commercial strip of zoning was designated in the 1950's and introduced zoning that was not of an appropriate intensity or scale to the surrounding neighborhoods. As a result, many of these neighborhoods now see dilapidated buildings, lowered property values, and less interest to develop and/or redevelop properties. Commercial and neighborhood
  • 199. development can be compatible with one another when appropriate scale and intensity are observed through planning efforts. That being said, the red on the vision map indicates commercial type development and would also include the most intense land uses this area would see. Another key component of this proposed Vision Plan Map is the buffering of the neighborhoods from commercial usage with lower intensity Neighborhood Centers (in pink) intended for neighborhood scale commercial development and higher density residential development. This higher intensity residential development could come in the form of townhomes, duplexes, multi-family dwellings, twin homes, retirement centers, or assisted living facilities to name a few of the housing choices. Back to our population who will be nearing retirement age in the next 20-25 years (some sooner); these folks probably like the neighborhood they live in and in some cases will not be able to maintain and keep up with a traditional yard and single-family house; others may be able to, but simply will not want to any longer. Now is the time to plan for this before it is too late. Higher density residential development is of an appropriately scaled density to work as a buffer from the single family residences present in this area into the commercial uses and busier roadways. This type of buffer is only a suggestion, but would be one that would work rather well in the Neighborhood Center or Transitional (in brown) envisioned areas. Currently, there are Heavy Commercial and General Commercial Zoning Districts abutting directly to Single-Family Residentially Zoned properties. At the time being, this has worked in some cases, but in the past outdoor storage of unlimited quantity was separated from these residences with only a privacy fence as a buffer. A privacy fence is a PART of a buffering strategy, but is certainly not the entire buffer. A strategy of uses and zoning districts working together will promote protection of property values and keep neighborhoods isolated and quiet, which is exactly what they have been intended for. The Transitional envisioned areas have been located around the areas where the highest intensity uses would conceivably be allowed through this proposed amendment (bear in mind, no buffer is currently in existence or planned for at this moment in time). Transitional areas have a unique goal in the sense of the comprehensive plan; one being a transition from a more intensive area or zoning to that of a less intensive land use or zoning; two, being a buffering land usage to help isolate. Goal Two of the Transitional Areas section of the Comprehensive Plan states: "Transition Areas should be used to graduate density and intensity of activity to maintain connectivity (to commercial areas), improve pedestrian experience, and provide areas for increased housing and nonresidential options not currently being met." With the population characteristics this area has, coupled with the existing land use patterns observed in the field, transitional usage is something that is lacking in this area in general. There is a stark contrast in land uses in terms of intensity of uses. Heavy intensity commercial areas may be appropriate in this area and necessary in the future, however industrial certainly is not appropriate in this area under any circumstance. The proposed Vision Plan map allows for some higher intensity commercial activities and more importantly provides opportunities to diversify both housing and commercial options in the area. Transitional areas also can function as lower intensity commercial
  • 200. zoning providing a buffer and transition from that of a higher commercial zoning or intensity. Zoning decisions in the future will be based upon this map in accordance with state law and as such, it is extremely important to get them right. Mistakes in zoning can take decades to correct and even then the damage has already been done to the community and surrounding property owners through devaluation of property and disinvestment in property. This leads to a loss in tax base as properties fall into disrepair and abandonment, this trend also pushes development further and further outside of the City. The proposed amendment will allow this area to grow sustainably for the current term and the future; this amendment works for current commercial property owners and even gives those property owners surrounding the commercial developments many options to develop their property for the first time. Most importantly, the character and quietness of existing residential developments can be protected in the short term and in the future. A lot of this area has room for infill development through subdivisions of property, but there are still opportunities for first time development of a properties that currently sit vacant. As such, it is paramount that this Vision Plan match the desires and goals of the community before the development begins in the first place. Staff finds that if this proposal is approved that development will occur in a sustainable and responsible manner both now and in the future, something paramount in this neighborhood as with any other in the community. For all of these reasons, staff recommends approving the proposed amendments to the Comprehensive Plan's Vision Plan Map. Attachments: Summary table of land uses observed in study area; Current Vision Plan Map of the area; Current land use map of the area; Proposed Vision Plan Map; Map showing Census Data Blocks; Census Demographic Data for the area; and Draft minute excerpt from the August 19, 2013 Planning Commission Meeting. Presentation: Jeff Hintz, Interim Senior Planner
  • 201. Total Parcels % Parcels Land Area (acres) % Land Area Vacant Land Residential (VLR) 89 35.60% 102.35 36.44% Low Density residential (LDR) 81 32.40% 112.6 40.09% Higher Density Residential (HDR) 67 26.80% 28.4 10.11% Non-neighborhood Commercial (NNC) 7 2.80% 26.7 9.51% Neighborhood Serving Commercial (NSC) 4 1.60% 3.78 1.35% Vacant Land Commercial (VLC) 2 0.80% 7.05 2.51% Total 250 100.00% 280.88 100.00%
  • 202. Block 5000, Block 5001, Block 5006, Block 5007, Block 5008, Block 5009, Block 5017, Total 59 33 17 5 9 13 18 283 35 20 8 4 5 9 11 155 2 0 1 0 0 0 0 8 2 0 1 0 0 0 1 7 6 4 1 0 0 0 3 22 5 1 1 0 0 0 1 11 4 1 1 1 1 1 0 11 1 1 0 0 0 0 0 2 0 0 0 1 0 0 0 2 1 0 0 0 0 1 0 2 1 0 0 0 0 0 1 5 1 2 1 0 1 0 1 9 2 1 0 0 0 0 0 7 2 4 0 1 0 0 1 13 2 2 0 0 1 1 0 8 1 1 0 0 0 1 1 8 0 0 1 0 0 1 1 8 0 0 0 1 0 0 0 1 0 0 0 0 0 0 0 3 1 0 0 0 0 1 0 4 0 1 0 0 1 0 0 3 1 1 0 0 1 1 0 6 1 1 1 0 0 1 1 7 1 0 0 0 0 1 0 6 1 0 0 0 0 0 0 2 24 13 9 1 4 4 7 128 1 0 1 0 0 0 0 6 3 2 0 0 0 0 0 10 0 2 1 0 1 0 0 8 2 1 2 0 0 1 0 8 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 2 1 0 0 0 0 0 0 4 1 1 1 0 0 0 0 9 3 1 0 0 0 0 0 7 4 0 1 0 1 1 0 9 1 2 1 1 0 1 4 14 0 0 0 0 0 0 1 5 1 2 1 0 0 0 0 11 0 1 0 0 0 0 0 4 2 0 0 0 0 0 0 5 0 0 0 0 0 0 0 0 1 1 0 0 1 0 0 5 0 0 1 0 0 1 1 4 2 0 0 0 0 0 0 4 1 0 0 0 0 0 0 6 1 0 0 0 1 0 0 4 P12: SEX BY AGE - Universe: Total 2010 Census Summary File 1 Block 1013, Total: 129 Male: 63 Under 5 years 5 5 to 9 years 3 10 to 14 years 8 15 to 17 years 3 18 and 19 years 2 20 years 0 21 years 1 22 to 24 years 0 25 to 29 years 3 30 to 34 years 3 35 to 39 years 4 40 to 44 years 5 45 to 49 years 2 50 to 54 years 4 55 to 59 years 5 60 and 61 years 0 62 to 64 years 3 65 and 66 years 2 67 to 69 years 1 70 to 74 years 2 75 to 79 years 2 80 to 84 years 4 85 years and over 1 Female: 66 Under 5 years 4 5 to 9 years 5 10 to 14 years 4 15 to 17 years 2 18 and 19 years 2 20 years 1 21 years 0 22 to 24 years 1 25 to 29 years 3 30 to 34 years 6 35 to 39 years 3 40 to 44 years 2 45 to 49 years 4 50 to 54 years 4 55 to 59 years 7 60 and 61 years 3 62 to 64 years 3 65 and 66 years 0 67 to 69 years 2 70 to 74 years 1 Source: U.S. Census Bureau, 2010 75 to 79 years 2 80 to 84 years 5 85 years and over 2
  • 203. Block 5000, Block 5001, Block 5006, Block 5007, Block 5008, Block 5009, Block 5017, 32.5 38.5 19.5 43.5 48.5 52.5 44.5 19.3 39 17.5 32.5 48.5 55.5 25.5 41 38.5 30.5 46.5 54.5 44 48.8 P13: MEDIAN AGE BY SEX - Universe: 2010 Census Summary File 1 Block 1013, Median age -- Source: U.S. Census Bureau, 2010 Both sexes 41.3 Male 39.5 Female 44.5
  • 204. Block 5000, Block 5001, Block 5006, Block 5007, Block 5008, Block 5009, Block 5017, Totals 59 33 17 5 9 13 18 283 57 32 17 5 9 13 18 277 47 25 13 0 9 13 16 228 0 0 1 0 0 0 0 1 0 1 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 6 3 5 0 0 2 44 2 1 0 0 0 0 0 6 2 1 0 0 0 0 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 P1: RACE - Universe: Total population 2010 Census Redistricting Data (Public Block 1013, Total: 129 Population of one race: 126 White alone 105 Black or African American alone 0 American Indian and Alaska Native 3 Asian alone 0 Native Hawaiian and Other Pacific 0 Some Other Race alone 18 Two or More Races: 3 Population of two races: 3 White; Black or African American 0 White; American Indian and Alaska 2 White; Asian 0 White; Native Hawaiian and Other 0 White; Some Other Race 1 Black or African American; American 0 Black or African American; Asian 0 Black or African American; Native 0 Black or African American; Some 0 American Indian and Alaska Native; 0 American Indian and Alaska Native; 0 American Indian and Alaska Native; 0 Asian; Native Hawaiian and Other 0 Asian; Some Other Race 0 Native Hawaiian and Other Pacific 0 Source: U.S. Census Bureau, 2010
  • 205. Block 5000, Block 5001, Block 5006, Block 5007, Block 5008, Block 5009, Block 5017, Totals 18 12 6 2 4 7 6 103 13 5 5 1 3 7 5 80 0 0 0 0 0 0 0 0 2 0 1 0 0 0 0 6 2 1 0 1 0 0 0 10 2 1 1 0 0 2 3 15 0 1 2 0 0 1 1 12 1 0 0 0 0 0 0 6 2 1 0 0 2 2 0 10 2 1 1 0 0 2 1 16 2 0 0 0 1 0 0 5 5 7 1 1 1 0 1 23 1 0 0 0 0 0 0 1 0 0 0 0 0 0 0 1 2 3 1 0 0 0 1 9 1 3 0 0 1 0 0 7 1 0 0 0 0 0 0 2 0 0 0 1 0 0 0 1 0 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 Householder 75 to 84 years 0 Householder 85 years and over 1 Source: U.S. Census Bureau, 2010 Householder 55 to 59 years 1 Householder 60 to 64 years 0 Householder 65 to 74 years 0 Householder 25 to 34 years 1 Householder 35 to 44 years 2 Householder 45 to 54 years 2 Householder 85 years and over 2 Renter occupied: 7 Householder 15 to 24 years 0 Householder 60 to 64 years 5 Householder 65 to 74 years 3 Householder 75 to 84 years 9 Householder 35 to 44 years 6 Householder 45 to 54 years 6 Householder 55 to 59 years 7 Owner occupied: 41 Householder 15 to 24 years 0 Householder 25 to 34 years 3 H17: TENURE BY AGE OF 2010 Census Summary File 1 Block 1013, Total: 48
  • 206. Block 5000, Block 5001, Block 5006, Block 5007, Block 5008, Block 5009, Block 5017, Total 59 33 17 5 9 13 18 283 26 10 9 4 1 7 4 123 18 10 3 0 3 6 13 99 15 13 5 1 5 0 1 61 H11: TOTAL POPULATION IN 2010 Census Summary File 1 Block 1013, Total population in occupied housing 129 Source: U.S. Census Bureau, 2010 Owned with a mortgage or a loan 62 Owned free and clear 46 Renter occupied 21
  • 207. Block 5000, Block 5001, Block 5006, Block 5007, Block 5008, Block 5009, Block 5017, Total 59 33 17 5 9 13 18 283 59 33 17 5 9 13 18 283 53 30 15 4 7 9 15 240 14 9 4 1 2 3 4 67 11 4 1 1 2 3 3 42 3 5 3 0 0 0 1 25 11 1 2 1 1 3 2 37 18 12 9 2 2 3 5 83 1 0 0 0 0 0 0 1 3 0 0 0 0 0 0 8 5 3 0 0 0 0 0 20 0 1 0 0 0 0 0 3 0 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 3 0 0 0 0 1 0 3 7 1 2 0 0 1 0 1 10 6 3 2 1 2 4 3 43 3 3 1 1 1 4 1 22 2 3 1 1 1 4 1 20 1 0 0 0 0 0 0 2 1 0 1 0 1 0 1 14 1 0 1 0 1 0 0 11 0 0 0 0 0 0 1 3 2 0 0 0 0 0 1 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 P29: HOUSEHOLD TYPE BY 2010 Census Summary File 1 Block 1013, Total: 129 In households: 129 In family households: 107 Householder: 30 Male 17 Female 13 Spouse 16 Biological child 32 Adopted child 0 Stepchild 5 Grandchild 12 Brother or sister 2 Parent 0 Parent-in-law 0 Son-in-law or daughter-in-law 2 Other relatives 3 Nonrelatives 5 In nonfamily households: 22 Male householder: 8 Living alone 7 Not living alone 1 Female householder: 10 Living alone 8 Not living alone 2 Nonrelatives 4 In group quarters: 0 Institutionalized population 0 Noninstitutionalized population 0
  • 208. Block 5000, Block 5001, Block 5006, Block 5007, Block 5008, Block 5009, Block 5017, 3.28 2.75 2.83 2.5 2.25 1.86 3 3.38 4 2.4 4 1.33 1.86 3.4 3 1.86 5 1 5 0 1 Source: U.S. Census Bureau, 2010 Total 2.69 Owner occupied 2.63 Renter occupied 3 H12: AVERAGE HOUSEHOLD SIZE OF 2010 Census Summary File 1 Block 1013, Average household size --
  • 209. Block 5000, Block 5001, Block 5006, Block 5007, Block 5008, Block 5009, Block 5017, Total 18 12 6 2 4 7 6 103 14 9 4 1 2 3 4 67 11 1 2 1 1 3 2 37 3 8 2 0 1 0 2 30 1 3 0 0 1 0 1 10 2 5 2 0 0 0 1 20 4 3 2 1 2 4 2 36 3 3 2 1 2 4 1 31 1 0 0 0 0 0 1 5 P18: HOUSEHOLD TYPE - Universe: 2010 Census Summary File 1 Block 1013, Total: 48 Family households: 30 Husband-wife family 16 Other family: 14 Male householder, no wife present 4 Female householder, no husband 10 Nonfamily households: 18 Householder living alone 15 Householder not living alone 3 NOTE: A household that has at least one member of the household related to the householder by birth, marriage, or adoption is a "Family household." Same- sex couple households are included in the family households category if there is at least one additional person related to the householder by birth or adoption. Same- sex couple households with no relatives of the householder present are tabulated in nonfamily households. Responses of "same-sex spouse" were edited during processing to "unmarried partner." "Nonfamily households" consist of people living alone and households which do not have any members related to the Source: U.S. Census Bureau, 2010
  • 210. Block 5000, Block 5001, Block 5006, Block 5007, Block 5008, Block 5009, Block 5017, Total 20 13 6 2 4 8 7 115 18 12 6 2 4 7 6 103 2 1 0 0 0 1 1 12 Total: 55 Occupied 48 Vacant 7 Source: U.S. Census Bureau, 2010 H3: OCCUPANCY STATUS - Universe: 2010 Census Summary File 1 Block 1013,
  • 211. IX. Discussion and possible action to amend portions of the Vision Plan Component of the 2009 update to the San Angelo Comprehensive Plan, specifically Properties located within an approximately 1,800 foot radius of the intersection of Armstrong Street and 28th Street in north-central San Angelo. Jeff Hintz, Interim Senior Planner, came forward to present this item. This item was requested by a property owner within the study area. No notification was required for this request as a Vision Map Amendment does not re-zone anyone's property. Mr. Hintz discussed the characteristics of the area and explained the process that was taken by staff to study and research the area. The area is home to several commercial entities at this time including a warehouse, television studios, and a TXDot office and warehouse. General rationale for the amendment was presented as to why certain envisioned areas were placed onto the map as well. Some general discussion about what types of land uses were appropriate in each envisioned area, and would be appropriate given the surroundings of the area. No one came forward to speak in favor or in opposition of the amendment to the Vision Plan Map. Motion to approve as presented was made by Sammy Farmer and seconded by Mark Crisp. The motion passed 5-0.
  • 212. City of San Angelo Memo Meeting Date: August 20, 2013 To: City Council members From: Jeff Hintz, Interim Senior Planner Subject: Vision Plan - Proposed Amendment to the Comprehensive Plan for the following area of the City: Location: 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. Please see attached maps on this report for a more detailed description. Purpose: Approval or modification of this request will forward that recommendation to City Council for a final decision on the matter. Contacts: Jeff Hintz, Interim Senior Planner - and- 657-4210 AJ Fawver, Interim Director of Development Services Caption: APPROVAL OF 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. Summary: The City Council may: Approve the proposed Vision Plan map amendments as presented; Remand the Vision Plan map back to Planning Commission for further discussion; or
  • 213. Deny the proposed Vision Plan Map Amendment in its entirety or on a property by property basis. Recommendation: Planning staff recommends approving the proposed Vision Plan Map Amendment. At the July 15 Planning Commission Meeting, the proposal was recommended for approval by a vote of 6-0. History and Background: This majority of this area was annexed to the city limits in 1997. At that time, many of the uses in place included heavier commercial and lighter industrial types. Since that time, neighborhood type development has occurred behind these developments and south of Grand Canal Road. This proposed amendment was passed partially by the Council at the May 14th meeting with the remainder of the area being remanded to the Planning Commission for further discussion and future submittal of an alternate proposal to the Council at a future date. At the June 17 Planning Commission meeting, staff was directed to come up with a proposal that was more compatible and less of a change than that of the original amendment. The final map in this report illustrates this revised proposal as a result of discussions with the Planning Commission and City Council. Analysis: The staff recommendation is based upon the statements listed below. This area, prior to annexation in 1997, was home to more sprawling, but higher intensity land uses; several of these land uses and the structures associated with them are still present to this day. As early 1999, the properties south of Grand Canal Road were subdivided; the area near the intersection for Templin Court and Grand Canal Road was established around 2000. In later years, this residential development continued to the north and east along Grand Canal Road and in 2005, a re-subdivision of this area created Clarice Court. Upon examination of the area, nearly all of these lots have been filled by single family homes, with the exceptions being a couple of lots closest to the industrial and heavier commercial development. This area is home to uses at opposite ends of the land use spectrum that result in some incompatibilities. Generally speaking, residential areas are more successful when isolated from higher-intensity land uses allowed in industrial type zoning. This isn't to say the two designations cannot work in close proximity to one another, but the Comprehensive Plan seeks to buffer these types of land uses with some intermediate zoning designation and land use. In the case of this general region, that bridge or buffering area is not in place. Given that these juxtapositions of land uses occur, it would be prudent for this area to be re-envisioned now so that development in the future can be harmonious with what is present now.
  • 214. Staff does realize that the industrial areas with higher intensities of land uses were in place prior to the development of this residential neighborhood. As such, it would be highly advantageous to now establish nodes of industrial and commercial areas so that the long term benefit and enjoyment of properties within this area will continue well into the future. Several of the goals within the Zoning Ordinance and Comprehensive Plan is to create predictable land use patterns and consistent development throughout the community for residential, commercial, industrial and other properties. By allowing no transition or "step-down" area from higher-intensity uses into much lower-intensity residential uses, the predictability of future developments is compromised. Developers Clearly, the stark contrast in place now between these land uses (at extreme opposites of the land use spectrum) does not lend itself to predictability; the proper way to build in and create it is an amendment to the Vision Plan Map within the Comprehensive Plan. It should also be pointed out that this proposed amendment is a vision of the future and does not actually rezone property. However, if the present development patterns of this residential area continue, some commercial opportunities or mixed use opportunities may present themselves in the future. Industrial areas (as currently visioned) do not allow for either of these to occur without an amendment to the Comprehensive Plan. By addressing these realities now, future owners, developers, and investors in property will be afforded opportunities to diversify the development in the area. As areas become more diverse, people are able to meet daily needs within walking distance, factories and businesses are able to have workers who live nearby, and commercial enterprises are located much closer to their customer bases. Locating and excluding land uses from one another does not necessarily lead to successful long-term sustainability. Having large pockets and strips of commercial areas creates traffic congestion; if these areas are not spread out in proportion to the population base of the community, areas of town become congested at certain times while other areas go underutilized and eventually developers and property owners become disconnected from that area; over time the area becomes forgotten and eventually, disinvestment occurs. By addressing this issue now, diversification may occur and new development opportunities can be realized before it becomes too late. As industrial and commercial trends change, the highest and best use of the land also changes. Having exclusively one type of envisioned development can lead to negative consequences for an area. By providing for a wide range of uses, the area can re-invent itself while still retaining the predictability and consistency of development everyone in the community seeks. Diversification allows areas to feed off of one another, creating synergy that maintains activity - and thus, business - on a long-term basis. Regarding the proposed changes to the Vision Plan map: the most noticeable one is that the large swath of land area currently envisioned as "Industrial", directly adjacent to the neighborhood areas, has been removed and replaced with other more compatible use types. Staff has found that "Transitional" areas - shown as brown on the proposed Vision Plan map excerpt - will be much more compatible with the existing neighborhood both now and in the future. These transitional areas will allow for development opportunities that are at a more appropriate intensity and density for the adjacent properties, and which factor in the street network and its capabilities. "Transitional" areas in this sense could potentially allow for intermediate uses such as offices, self
  • 215. service storage warehouses, and higher-density residential opportunities to name but a few. The second change is the large, dark green parcel located north of Grand Canal Road. Currently envisioned for neighborhood development, this parcel is federally owned and contains a drainage area that would likely not be developed in the future. By preserving this area now as open space, it allows some predictability for neighbors both north and south of the canal some assurances that the area is not anticipated for development. It is also a more accurate representation of the property itself, and helps meet the suggestions from the Comprehensive Plan that encourage every neighborhood to be close to types of green space - which can include areas that are not necessarily limited to parks. Just south of the intersection of Grand Canal Road and Templin Court another parcel has been identified as open space; this area is a low spot where drainage currently flows, preserving this as open space in the future will also greatly benefit this area. Two other changes occur at the core of the residential area; a "Neighborhood Center" indicated in pink has been added, and the "Industrial" development at western edge of the city limits (surrounded by current and future envisioned areas of "Neighborhood" development) has been replaced with a "Neighborhood" development designation. This "Neighborhood Center" is intended for lower-intensity commercial enterprises that, generally speaking, will serve the neighborhood without the full intensity of development that commercial areas allow. In addition, higher-density residential opportunities are also encouraged within "Neighborhood Centers". Generally speaking, "Neighborhood Centers" should be located at nodes on key intersections; in this case, when factoring in traffic patterns and accessibility, this particular parcel is readily and easily accessible to the established neighborhoods without having to access Highway 277. As such, the "Neighborhood Center" located south of the existing city limits line has been replaced with rural envisioned development. East of Highway 277, a large strip of commercial development was envisioned for the future. In analyzing this area, several parcels currently sit vacant or underutilized at this time that already have commercial zoning designations. Given the isolation and lack of thru streets to these properties, coupled with the fact that vacant commercially-zoned properties exist north and east of this study area, and within the study area, more commercial envisioned development is not necessary for the area at this time. In the future, changed conditions may require that this area be looked at again, but for the time being the balance of commercial properties in this area is more than the area needs for the foreseeable future. Commercial areas have been located between industrial properties in such a way that the commercial properties are adjacent to neighborhoods and transitional areas for the most part. The transition from industrial, into commercial or transitional, and finally into neighborhoods is something that is highly recommended within the Comprehensive Plan and by Planning staff. The transitions - if established in this order - are logical and predictable, and if followed, will lead to predictable development that all property owners can enjoy both now and in the future. By creating buffer zones and transitions between industrial areas, they will be allowed to flourish without being a detriment to the neighboring, less intensely used properties. By adding in some commercial areas that will serve as a buffer to the neighboring residential uses, more diverse opportunities
  • 216. may exist which will benefit all residents of the area and the community as a whole. Presently, this area is all envisioned for industrial development which would not allow for neighborhood serving businesses or general retail establishments. Given the growing and established neighborhoods in this area, not capitalizing on this opportunity to introduce these types of developments now, before it gets to be too late would be a mistake. These commercially-envisioned areas are located in highly visible areas and will allow for the highest and best uses of these properties without being a detriment to the function of the roadways, traffic patterns, and land use patterns now or in the future. Attachments: Current Vision Plan Map of the area; Originally proposed Vision Plan map of the area which was remanded back to Planning Commission; Thoroughfare Plan map of the area; Revised Vision Plan Map of the area as resulting from discussion with Planning Commission and City Council; July 15 draft Planning Commission Minutes; June 17 Planning Commission Minutes; May 14 City Council Minutes; and April 15 Planning Commission Minutes. Presentation: Jeff Hintz, Interim Senior Planner
  • 217. IX. Discussion and possible action to amend portions of the Vision Plan Component of the 2009 update to the San Angelo Comprehensive Plan, as remanded to Planning Commission by the City Council regarding the following amendment previously approved by the Planning Commission: 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. Jeff Hintz, Interim Senior Planner came forth to speak on proposed changes to the original proposed Plan presented and remanded back by City Council. The area is located along Grand Canal Road in southeast San Angelo. The original proposed Plan incorporates buffers between residential and industrial zones as well as relocating the proposed Neighborhood Center, in an area south of Grand Canal Road. Transition designation was used as buffers – which could in this instance allow for CN, CO and CG zoning and which could possibly allow for increased density, residential development or neighborhood scale compatible commercial development. The drainage canal is being proposed for Open Space, since the area is un-buildable and serves as open space now and likely will continue to do so in the future. Mr. Wynne was in favor of the current Vision Plan that exists, and was partially amended by the City Council as a result of a recent zone change in the area. Mr. Wynne expressed concern for an area that is being proposed for ‘Commercial’, but is industrial in nature, with the possible plans for expansion. Mr. Smith stated that the designation will not affect the current zoning and the uses allowed in the district. Mr. Hintz elaborated on this point and stated that this is a Vision Plan for the next 25-50 years; this process does not change anyone's zoning, nor does it require anyone to apply for a zone change. Mr. Hintz mentioned that the proponents are able to make the request for a zone change – but staff and the Planning Commission are legally required to use the Vision Plan as a central component in making a recommendation to the City Council, who in turn is also guided by this document, when making zoning decisions. Ms. Jackson asked about the existing uses for the area being proposed for Transitional. Mr. Wynne stated that there are some houses and warehouses in this area. Mr. Hintz stated that the transitional areas were currently occupied by a residence, contractor, and the other was vacant at this time. Mr. Smith believed some of these areas might be a good place to develop townhouses or other higher density residential projects. Some discussion about the order of the maps in the report took place and Mr. Hintz apologized for the titling mishap, but clarified which map that was presented contained the proposed request by staff as directed at the last Planning Commission meeting. Motion to approve was made by Ryan Smith and seconded by Valerie Priess and passed 6-0.
  • 218. B: 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. Mr. Hintz explained the history of what was proposed and went through how it is different as presented. A portion of this amendment was approved by the City Council, however the remainder was remanded to the Planning Commission for more discussion. More transitional envisioned areas were put into place with an enlarged commercial use; the commercial uses were added in places where industrial envisioned use was directly adjacent to neighborhood envisioned uses. City Council had directed staff and the Planning Commission to work to find a Vision that was a bit more in line with some of the current uses of property that was less drastic of a change as presented at the time. Mr. Wynne didn’t see the box factory of being neighborhood center in the future, and anticipated several other industrial uses to be present for some time. Mr. Lawrence explained the rationale behind the area not being a neighborhood any longer due to heavy emphasis on industrial uses. Joe Grimes made a motion for staff to come up with a compromise on the current amendment presented today and what Council was looking for in this particular area. Valerie Priess seconded this motion, which passed 5-0.
  • 219. Page 510 Minutes Vol. 104 May 14, 2013 Z 13-13: David and Pam Hilton AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SANANGELO,TEXAS,WHICHSAIDEXHIBIT“A”OFCHAPTER12ADOPTSZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 525 Preusser Street, located at the southwest corner of Preusser Street and North Poe Street. This property specifically occupies the Ellis Addition Block 4, N 115' of Lots 1 & 2 and E 33.5' of Frary Addition, Block 19, Lot 6, in central San Angelo, adding the zoning classification of Historic Overlay (HO) 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 Supplement Record. General discussion was held on the L-shaped lot, staff’s explanation noting the historic designation is applied by the tax parcel, and that such designation only applies to the structure. Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded by Councilmember Farmer. Motion carried unanimously. DIRECTION TO STAFF TO REMAND THE AMENDMENT TO VISION PLAN COMPONENT OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES STARTING APPROXIMATELY 800 FEET WEST FROM THE INTERSECTION OF LOOP 306 AND BAZE STREET, THENCE IN A NORTHERLY DIRECTION TO FM 2105, AND EASTERLY THROUGH THE CITY LANDFILL AND ENCOMPASSING PROPERTIES ANNEXED TO THE CITY LIMITS IN DECEMBER OF 2011, AND CITY OWNED PROPERTIES EAST OF NORTH US HIGHWAY 67 NORTH AND EAST OF THE CURRENT INDUSTRIAL PARK IN THE FAR NORTHEAST PORTION OF SAN ANGELO Interim Senior Planner Jeff Hintz presented background information. A copy of the presentation is part of the Permanent Supplement Record. General discussion was held on the types of zoning classifications, allowable uses within the classifications, the need to provide flexibility to the owners by designating the entire area industrial, and the necessary notification requirements should the classifications change. Motion, to remand the amendment to the Planning Commission, particularly to further review the commercial designation within the proposed area, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld. Motion carried unanimously. APPROVAL OF AN AMENDMENT TO THE THOROUGHFARE PLAN COMPONENT OF SAN ANGELO'S COMPREHENSIVE PLAN, SPECIFICALLY PLANNED PROJECTIONS OF SMITH BOULEVARD AND PAULANN BOULEVARD AND OTHER PLANNED THOROUGHFARES IN NORTHEAST SAN ANGELO Interim Senior Planner Jeff Hintz presented background information. A copy of the presentation is part of the Permanent Supplement Record. General discussion was held on the future planned roads and future connectivity. Motion, to approve the amendment, as presented, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld. Motion carried unanimously. APPROVAL OF AN AMENDED PROPOSAL 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; AND, DIRECT TO STAFF TO REMAND
  • 220. Minutes Page 511 May 14, 2013 Vol. 104 THE REMAINING PROPOSED CHANGES TO THE PLANNING COMMISSION FOR FURTHER REVIEW Interim Senior Planner Jeff Hintz presented background information. A copy of the presentation is part of the Permanent Supplement Record. General discussion was held on the impact to existing businesses, Motion, to accept, as presented, was made by Councilmember Alexander. Motion failed due to the lack of a second. Motion, to approve proposed the changes bounded by Clarice Court , north grand canal road to east of 277, including Grand Canal Point Addition Tracts 1,2,3,4 and Sunset Ranch Estates , Lot 17, as presented; and, remanding the remaining proposed changes to the Planning Commission, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Further discussion was held on the future development of housing located next to commercial zoned properties, conditional uses, allowable uses within the various zones, protecting the future development for the existing property owners, future property uses, and correcting those with non-compliance zone uses. A vote was taken on the motion on the floor. Motion carried unanimously. FIRST PUBLIC HEARING AND INTRODUCING AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO PD 13-02: Luke Burnett 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 1245 Grand Canal Road, located approximately 500 feet east of the intersection of Grand Canal Road and Clarice Court. The property specifically occupies a proposed Second Replat of Sunset Ranch Estates, Section Two, Block Two, Lot 17B in southern San Angelo, changing the zoning classification from Office Warehouse (OW) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Interim Senior Planner Jeff Hintz presented background information. A copy of the presentation is part of the Permanent Supplement Record. Motion, to introduce the Ordinance, as presented, was made by Councilmember Alexander and seconded by Councilmember Morrison. Motion carried unanimously. APPROVAL OF CHANGE ORDER #15 TO INCLUDE THE REPAIR OF THE PEDESTRIAN BRIDGE WEST OF ABE STREET UNDER THE AGREEMENT WITH TEMPLETON CONSTRUCTION CO., INC., CONSTRUCTION MANGER AT RISK, FOR THE CONCHO RIVER & PARKS REHABILITATION PROJECT PK-05-10 IN THE AMOUNT OF $167,128.00, AND REQUESTING APPROVAL FOR SAID AMOUNT TO BE FUNDED IN EQUAL PARTS BY RIVER PROJECT CONTINGENCY FUNDS AND THE CITY SELF-INSURANCE FUND; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CHANGE ORDER Parks and Recreation Director Carl White presented background information. A copy of the presentation is part of the Permanent Supplement Record. Motion, to approve the change order, as presented, was made by Councilmember Morrison and seconded by Councilmember Silvas. General discussion was held on whether to repair or rebuild the bridge, and the cost differential. A vote was taken on the motion on the floor. Motion carried unanimously.
  • 221. VII. Discussion and possible action to amend portions of the Vision Plan Component of the 2009 update to the San Angelo Comprehensive Plan, 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. Jeff Hintz, Interim Senior Planner came forward to present this request. Staff recommends approving amendments to the Vision Plan. He explained how the industrial uses could be buffered away from the area, and that industrial uses had already existed in the area. He showed a drainage area on the map and explained an intersection that was problematic, discussing how TXDot had already been apprised of accidents that had occurred there and was aware of the problem. Mr. Grimes questioned the neighborhood center section of the proposed amendment. Mr. Hintz explained that it would better serve the current neighborhood, however, the current proposal did not provide ease of accessibility and also that traffic problems could arise due to the intersection. The current Vision Plan shows the area as industrial. Luke Burnett spoke in favor of the Vision Plan amendment. He explained how he approached the City about buying a lot in the area; lot 17. He explained how he wanted to buy the property and fabricate steel buildings in the area, that the steel supplier was nearby, with easy access to the highways. He understood that a zone change could not be recommended by staff without it meshing with the Vision Plan. He explained what his intentions for the area is, which will be discussed in the upcoming case at this meeting (PD13-02: Luke Burnett). No opposition was presented. Mr. Grimes made a motion to approve the staff recommended changes, Mr. Smith seconded it. Motion passed unanimously, 6-0.
  • 222. City of San Angelo Memo Date: September 9, 2013 To: Mayor and Councilmembers From: Robert Schneeman, Interim Director of Economic Development Subject: Agenda Item for September 17, 2013 meeting Contact: Bob Schneeman, 657-4210 Caption: Presentation of the City of San Angelo Development Corporation calendar year 2012 Annual Report and discussion and possible action regarding goals, objectives, and procedures for COSADC Summary: At its regular meeting of August 28, 2013 it was requested by the COSADC Board that staff look into the possibility of conducting a joint COSADC - City Council meeting. At the meeting staff could present the proposed revisions to the Policy Guidelines as approved by COSADC as well as any other items COSADC and / or Council might like to discuss possibly including but not limited to the following: • Goals and objectives for COSADC • Specific types of projects / industries to be pursued • Temporary housing in the Industrial Park • Continued sales of property in the Industrial Park • Other items of discussion identified by the Board and / or Council • Suggested date or dates for the meeting The COSADC Board will be discussing potential topics for the joint meeting at their regular meeting on September 11, 2013. In addition, Bob Schneeman will be presenting the COSADC 2012 Annual Report to Council at the next Council Meeting on September 17, 2013. As a part of that presentation Mr. Schneeman will enquire of Council their views on a joint meeting as well as any potential topics for discussion. Financial Impact: N/A Other Information/ Recommendation: Staff recommends holding one or more joint meetings and developing a list of topics to be discussed in an effort to ensure continued coordination with Council, and the creation and achievement of common goals between Council and COSADC. Presentations: Robert Schneeman Publication: N/A
  • 223. Attachments: Preliminary Calendar Year 2012 Annual Report
  • 224. i PRELIMINARY Annual Report 2012 City of San Angelo Development Corporation Advance San Angelo www.sanangelodevelopment.com
  • 225. i Contents Mission Statement:.......................................................................................................................................2 Leadership Message (From Scott Tankersley & Robert Schneeman)...........................................................3 Economic Snapshot.......................................................................................................................................4 Marketing and Business Recruitment...........................................................................................................5 Recruitment Projects ....................................................................................................................................6 The Evolution of COSADC..............................................................................................................................9 Business Retention and Expansion .............................................................................................................10 Business Resource Center...........................................................................................................................11 San Angelo Target Industries & Niches.......................................................................................................13 Key Strategies for Economic Development ................................................................................................14 Development Process Improvement Plan for Subdivisions & Permitting ..................................................14 Transportation ............................................................................................................................................17 Affordable Housing .....................................................................................................................................18 Community Development Projects.............................................................................................................19 Concho River Improvement Project............................................................................................................19 Hickory Aquifer: ......................................................................................................................................20 Rio Vista Park: .........................................................................................................................................20 Livestock Barn:........................................................................................................................................21 Municipal Swimming Pool Improvements:.............................................................................................21 Airport Terminal Renovation: .................................................................................................................22 50th Street Project:..................................................................................................................................23 Board of Directors.......................................................................................................................................24
  • 226. 2 Mission Statement: The City of San Angelo Development Corporation working with economic development partners will retain, strengthen and diversify the job base of the community to ensure a vibrant business climate for San Angelo and the region.
  • 227. 3 Leadership Message (From Scott Tankersley & Robert Schneeman) Scott Tankersley President Robert Schneeman Interim Executive Director 2012 was a big year for the City of San Angelo Development Corporation. After undergoing significant transition last year, COSADC moved forward and came together as a team. The board of directors and the staff tackled a wide range of projects, including: Completing the construction of the one-stop shop Business Resource Center; moving into the newly renovated facility; and hosting a grand opening; Continuing improvement on the Business retention and Expansion Program including a streamlined subdivision review and construction permitting process; Completion and Delivery of the COSADC Strategic Plan and beginning plan implementation; Sponsoring the Ports-to- Plains Annual Conference and West Texas Trade Summit; Recruiting, executing performance agreements with and facilitating the location of MedHab, LLC to San Angelo; Funding oversight of the Hickory Aquifer Pipeline project, 50th Street & Grape Creek Road projects, the Concho River Improvements project, Municipal Pool Renovation and other half cent sales tax funded projects; In the new year we are striving to make San Angelo’s economy even stronger through continued creativity and commitment from COSADC, the Economic Development Partners and the entire community to focus on strengthening and diversifying the market in the community. Although 2012 and early 2013 again brought significant changes including one board member, Tony Villarreal, departing and a new member, Pedro Ramirez, joining the Board; the departure of Economic Development Coordinator Donna Osborne and subsequent hiring of Cindy Hartin to fill that position; the departure of the Executive Director, Shawn Lewis in December 2012 and appointment of Robert Schneeman as Interim Director; and the departure in early 2013 of Economic Development Coordinator Cindy Hartin, we look forward to an exciting and successful year ahead.
  • 228. 4 Economic Snapshot -100 641 133 -788 731 -41 -44 137 233 313 723 -1,000 -800 -600 -400 -200 0 200 400 600 800 1,000 Construction Education & Health Services Financial Activities Information Leisure and Hospitality Manufacturing Natural Resources & Mining Other Services Professional & Business Services Public Administration Trade, Transportation & Utilities Difference in employment between 1st quarter, 3rd month, 2007 and 2013 IndustrySupersectors New Jobs in Tom Green County, TX 2007 to 2013 (1st quarter, 3rd month employment) -2 25 -21 -5 38 -14 3 8 38 0 -3 -30 -20 -10 0 10 20 30 40 50 Construction Financial Activities Leisure and Hospitality Natural Resources & Mining Professional & Business Services Trade, Transportation & Utilities Difference in number of establishments between 1st quarter, 3rd month, 2007 and 2013 IndustrySupersectors New Businesses in Tom Green County, TX 2007 to 2013 (1st quarter, 3rd month establishments)
  • 229. 5 Marketing and Business Recruitment Through a contract with the San Angelo Chamber of Commerce, COSADC markets San Angelo and recruits companies by attending trade shows, participating in state and national associations distributing marketing pieces, placing advertising outside of the community, responding to requests for proposals and information from prospective companies and coordinating details when business prospects visit San Angelo. This work is accomplished by the Chamber’s Economic Development Division which includes John Dugan, Vice President for Marketing and Recruitment, and Hope Baron, Economic Development Specialist. 2012 Trade Shows Include: World Ag Expo (Tulare, California) Lone Star Solar Summit Wind Power 2012 (Atlanta, Georgia) Specialty Equipment Market Association (Las Vegas, Nevada) International Council of Shopping Centers (Dallas, Texas) List of Association Events: Texas Midwest Community Network Annual Meeting Texas Midwest Community Network “Network Lunch” Texas Midwest Community Network “Dinner and Conversation” Texas Midwest Community Network Quarterly Board Meeting Ports-to-Plains Annual Meeting Texas Economic Development Council Annual Meeting Area Development’s Site Selector Forum West Texas Trade Summit High Ground of Texas Annual Board Meeting International Economic Development Council’s BREP training course Prospects Hosted:21 Marketing and Trade Shows: Ads Places in trade magazine: 6 plus trade show materials Contacts made at trade shows: Innumerable Marketing material mailed to trade show contacts: 600+ Requests for Proposals in 2012: 49
  • 230. 6 Recruitment Projects Once the Chamber of Commerce has successfully added San Angelo to a company’s list of possible cities in which to locate, COSADC staff members, with direction from the COSADC board and City Council, formulate an incentive offer which the Chamber of Commerce and/or COSADC staff members communicate to the prospective company. MedHab LLC MedHab is a leading edge company in the medical device industry. MedHab entered into a performance agreement with the City of San Angelo Development Corporation in August 2012. According to that agreement MedHab LLC will locate their production operation here in San Angelo and create between 75 and 227 full time qualifying positions. Also in accordance with the performance agreement MedHab was required to locate in the Incubator Annex at 2009 West Beauregard Avenue which they did in December 2012. Following are the major incentive items in the agreement between COSADC and MedHab, LLC  Effective Date of Agreement – August 22, 2012  Term of Agreement - Agreement Terminates January 1, 1919 or 6 years after final payments have been made  2009 West Beauregard Lease Assistance – move in within 120 days of Effective Date (lease continues 3 years) – Lease agreement executed December 19, 2012  Job Creation – within 6 years of Effective Date (August 22, 2018) create & retain a minimum of 75 Full Time Equivalents (FTEs) and incentivize up to a total of 227 FTEs within the same time frame – Incentive =$7,929.00 per FTE*  Job Retention - Must retain positions for 6 years from date of payment of incentive  Capital Investment - $125,000.00 minimum within 2 years  Capital Investment or Capital Lease – within 6 years to a maximum incentivized $2,000,000.00 (incentive equals 15% of capital investment up to $300,000.00)  Real Property Investment – within 6 years renovations or improvements to purchased site up to $1,100,000.00 (incentive equals 52% up to $575,000.00)  Code Compliance Incentive- 25% 0f renovation code compliance items up to $12,500.00 As of December 31, 2012 MedHab had not requested nor had they been paid any incentives under the agreement. Ethicon Ethicon is the 10th largest employer in San Angelo. In 2010 Ethicon submitted a request to COSADC for incentives to expand and modernize their existing plant and to incentivize the retention and /or retraining of up to 30 at risk positions within the plant. The overall intent of the incentives was to help ensure job retention and to assist in making the San Angelo plant more competitive relative to other Johnson and Johnson locations for more modern processes. The main points of the Ethicon agreement are as follows:
  • 231. 7  Capital investment – Between $16M and $28M  Job retention – up to 30 at risk positions  City Tax Rebate – Based on increase in appraised value 100% first year; 75% second year; 50% third year and $25% fourth year – can be accomplished in two phases  County Tax Abatement – same terms as City rebate  Job retention Incentive – $5,000 per position for retention and an additional $5,000 per position for retraining resulting in at least a 10% increase in wages – maximum incentive $300,000.00 Note: to date Ethicon has not elected to execute the job retention agreement)  Capital Investment as of December 31, 2012 - Over $19.8M  City tax Rebate to Date - $181,182.50 Hirschfeld Energy Systems, LLC ( formerly Martifer- Hirschfeld Energy Systems, LLC) In December 2009 COSADC entered into an economic development performance agreement with Martifer–Hirschfeld Energy Systems, LLC to construct a renewable energy plant geared to the production of towers for the wind energy industry. In addition, the City of San Angelo also entered into an agreement with Martifer- Hirschfeld. Martifer-Hirschfeld Energy Systems, LLC was a jointly owned subsidiary of Martifer Wind Energy systems, LLC a Delaware limited liability company and Hirschfeld Wind Energy Solutions, a Texas limited liability company. In April 2012 COSADC was notified that Hirschfeld Wind Energy Solutions II would become the owner of the Martifer portion of the plant; that the company name would be changed to Hirschfeld Energy Systems, LLC; and that the plant would remain in business. Since that time, Hirschfeld has completed all standing orders for wind towers and has aggressively entered the oil and gas energy market producing tanks and other vessels in support of that industry. The main points of the COSADC agreement with Hirschfeld are as follows:  Capital Investment Phase 1 - $20M  Capital Investment Phase 2 - $20M (Total $40M )  Job Creation – up to 225 Full Time Equivalents (FTE) Note: FTE is defined on a sliding scale as $31,531.00 in 2010 increasing yearly to $38,671.00 IN 2015)  Land Purchase Incentive - $280,000 for purchase of land upon which plant is to be constructed  Construction Funding Incentive - $500,000 upon completion of $15M investment  Construction Funding Incentive 2 - $500,000 upon completion of Phase 1 construction  Job Creation Incentive - $6,000 per FTE up to 225 or a total of $1,350,000 The Land Purchase and construction requirements were met by the company and incentives paid accordingly. Job creation and incentives paid to date are as follows:  2010 – 47 FTEs / $282,000
  • 232. 8  2011 – added 134 FTEs / $804,000  2012 – added 50 FTEs / * *Although the total salary paid for the year 2012 yielded the equivalent of 50 additional FTEs, total employment at the end of the year was less than at the height of employment for the year. When the 4th quarter payroll for the year was annualized, the equivalent rate was 155 FTE’s or 26 FTEs less than the total incentivized for the previous year. COSADC and Legal staff are currently working with the company to determine the long range employment goals for the company and a schedule for repayment of any funds due. Glazers Wholesale Drug Company, Inc. COSADC and the City entered into agreements with Glazers in May 2010 for the expansion of Glazers existing operations in San Angelo, the retention of existing jobs and the creation of new jobs. The main points of those agreements are as follows:  Land Acquisition – 10.757 Acres  Facility Construction - $7,200,000.00  Job Retention - 45 FTEs (FTE = $31,720.00 per year)  Job Creation – 79 FTEs (FTE = $33,390.00)  Job Creation Incentive - $7,500.00 per FTE for up to 124 total FTEs and a maximum incentive of $930,000.00 from COSADC  City Property Tax Rebate – Upon completion of land acquisition, facility construction and job retention and creation per the above, City will rebate annual property taxes as follow: Years 1 & 2 – 100% Years 3 &4 – 90% Years 5-7 – 75% Years 8- 10 – 50% Job creation and incentives paid to date are as follows:  Job Retention and Creation – 124 FTEs / $930,000 (Glazers currently have 173 FTEs, well above the requirement which they have exceeded since year 1)  City Property Tax Rebate - $204,235.40 Glazers has continued to comply with and exceed all requirements of their agreement with COSADC Blue Cross Blue Shield of Texas COSADC entered into an agreement with Blue Cross Blue Shield of Texas (BCBS) in April 2009, under which agreement BCBS agrees to maintain its current facility and retain its current payroll of $12 million in exchange for a ten year property tax assistance grant.  Grant Amount - $37,118.00 per year  Grant paid to date - $37,118 per year for 3 years = $111,354.00 Note: BCBS has not applied for their 2012 grant as of the publication of this document however BCBS as of their last reporting, BCBS has well exceeded the required performance.
  • 233. 9 The Evolution of COSADC 1999 – Voter Approval of the Half Cent Sales Tax In 1999 the voters approved the adoption of a Section 4B sales and use tax within the City of San Angelo in accordance with Section 4B of Article 5190.6 of Vernon’s Annual Civil Statutes. Under the original authorization, use of the half cent sales tax was limited to Lake Nasworthy Dredging, Coliseum and Fairgrounds projects and the promotion and / or development of new or expanding business enterprises. The term of financing those projects was limited to 6 years. 2004 Reauthorization by the Voters In 2004 the voters approved the reauthorization of the half cent sales tax and expanded the eligible project list. The 2004 ballot initiative allowed the use of the tax for infrastructure projects relating to the development of water supply facilities for water reuse and / or the use of fresh or brackish ground water and the development and institution of water conservation programs. In addition, the voters also authorized the funding of Concho River improvements, parks and sports facilities improvements and the maintenance thereof, Fort Concho Museum, coliseum and fairgrounds improvements, and the development of an affordable housing program. The use of funds for the development, creation , retention and expansion of authorized business enterprises that create or retain primary jobs was also approved, and the term of financing was set at 20 years. 2010 Ballot The half cent sales tax was again placed before the voters in 2010 with a proposal to repeal the expiration date of the 2004 authorization with certain conditions. Among these, the voters approved funding water related projects on an increasing basis from a minimum of 21% of total half cent sales tax receipts increasing to a maximum of 72% of receipts as voter approved projects are completed. The maximum amount of total half cent sales tax receipts allocated for job creation and retention projects authorized under the act was set at 28%.
  • 234. 10 Business Retention and Expansion San Angelo has a strong network of regional economic development partners that serves the region well, anchored by the City of San Angelo Development Corporation and the San Angelo Chamber of Commerce, and including a number of additional key partners such as ASU, the ASU Small Business Development Center, Downtown San Angelo, Howard College, SAISD, and the Concho Valley Workforce Development Board. However, there are few clear lines of responsibility relating to the handling of prospects, and to economic development in general, that can help guide each organization to fulfill its role as efficiently as possible. Working relationships between San Angelo’s regional partners are currently stronger than they have been in many years and are productive and collaborative thanks to the “sweat equity” and political will of San Angelo’s current public and private leadership. Thus, now is the time to formalize the regional partners’ roles and functions, and put into place a policy framework that will successfully guide San Angelo’s economic development efforts well into the future. Strategy 5.2: Implement a formalized Business Retention and Expansion Program (BREP) with regular outreach to existing San Angelo businesses. 5.2.1 Develop goals and performance metrics for the retention and expansion program which should be administered and conducted by the San Angelo Chamber of Commerce, with involvement from the COSADC and other economic development partners as necessary. 5.2.2 Using the Chamber’s existing annual business survey as a starting point, survey existing businesses through online surveys and in-person interviews every six months. 5.2.3 Develop an annual retention and expansion report based upon the survey and interview findings which can be shared with local officials and residents and should be used to track any changes in service quality. 5.2.4 Address issues identified by employers by working with city, county, or state officials. 5.2.5 Use the retention and expansion program to probe supplier opportunities and to better understand and support the growth trends of local businesses. 5.2.6 Visit corporate headquarters of firms with major local operations that are not headquartered in San Angelo. 5.2.7 Establish an Ambassador Program in which Chamber members that volunteer as Ambassadors play an active role in business retention by engaging with new Chamber member businesses to encourage
  • 235. 11 Business Resource Center Description: A one-stop shop for business resources Mission: To grow and retain local businesses by providing exceptional business services and to strengthen San Angelo’s appeal as a place to do business Goals: Consolidate many of San Angelo’s ED agencies into one facility Create an improved environment for small businesses and the recruitment of businesses Increase the knowledge sharing, synergy, cooperation, and collaboration amongst the Economic Development Partners Public and Private Partners featured in the Business Resource Center: City of San Angelo Development Corporation San Angelo Chamber of Commerce Economic Development Angelo State University Small Business Development Center Concho Valley Center for Entrepreneurial Development- The Business Factory Downtown San Angelo Inc. Concho Valley Workforce Development Board City of San Angelo Howard College
  • 236. 12 From Concept To Completion
  • 237. 13 San Angelo Target Industries & Niches The following industries were chosen as desirable targets for attraction or expansion by at least 25% of San Angelo residents.
  • 238. 14 Key Strategies for Economic Development The San Angelo Comprehensive Economic Development Strategic Plan is made up of a set of goals, strategies and key economic development initiatives that generally support multiple target economic sectors. Recommendations are organized around the following eight goal areas. Goal 1: Strengthen San Angelo’s infrastructure and enhance connectivity to other regions. Goal 2: Continue to invest in downtown San Angelo and the Concho River. Goal 3: Fully capitalize on the unique opportunities provided by Angelo State University and Goodfellow Air Force Base. Goal 4: Tap into San Angelo’s innovative culture and leverage small business resources to support entrepreneurship and minority business development. Goal 5: Clarify and formalize the roles of San Angelo’s economic development partners to ensure that economic development is streamlined, transparent, and well-understood by all stakeholders. Goal 6: Improve San Angelo’s image and ensure that marketing efforts highlight regional assets and focus on target industries. Goal 7: Ensure that workforce development and education programs are connected to the marketplace and support the retention of young professionals. Goal 8: Engage in specific strategies to grow existing and emerging target industry sectors. Development Process Improvement Plan for Subdivisions & Permitting In the summer of 2011 the consultants engaged to analyze and recommend improvements to the development review process provided their final recommendations for the subdivision plat review process and for the site plan review and permitting processes. Since that time staff have been continually engaged in the full implementation of those recommendations and have continued to also try to identify other areas where the processes can be improved. Council has identified this as an area of emphasis in their strategic planning and also placed high priority on the review process as an important element of the Business Retention and Expansion Program.
  • 239. 15
  • 240. 16
  • 241. 17 Transportation Exterior improvements will include: a new entry sign, terminal entrance pavement enhancements, curbside canopies and air traffic control tower renovation. Interior improvements include items such as relocation and configuration of the airline ticket counters and baggage claim area, improvements to the security checkpoint, structural modifications to accommodate a view from the entrance to the arrival/departure escalator area, relocation of the airport administration offices and enhancements to the meet-and-greet area. The project cost of $5.9 million is paid mostly by the Federal Aviation Administration with the rest funded by passenger facility charges and half-cent sales tax funds provided by the City of San Angelo Development Corporation. Ports to Plains San Angelo is a member of the Ports to Plains Alliance, an advocacy group dedicated to delivering infrastructure, food, and fuel to secure the quality of life of America’s great cities. The City of San Angelo, Tom Green County, and San Angelo Chamber of Commerce participate as partners of the PTP Alliance. COSADC co-sponsored the West Texas Trade Summit in February 2012 to focus on efforts on transportation and connectivity throughout West Texas.
  • 242. 18 Affordable Housing The Affordable Housing Program was approved by voters in 2004 which created an annual allocation of $335,000 granted by COSADC to the City’s Affordable Housing Assistant Program (AHAP). COSADC believes that this program is extremely important for San Angelo’s growth because strong neighborhoods build a strong and vibrant community. In 2012, COSADC sold five homes constructed. Since 2004, COSADC’s support has led to the construction of 32 new homes in the City’s targeted areas for revitalization efforts. The Affordable Housing Program through the use of half cent sales tax funds also accomplished the following in 2012:  Gap Financing - $202,631, 5 new housing units for first time homebuyers  Helping Hands - $53K, rehab of 25 housing units for elderly homeowners  Blitz - $150K, siding and painting of 48 housing units for low income homeowners
  • 243. 19 Community Development Projects Concho River Improvement Project Concho River Improvements is a half-cent sales tax-funded project of $13.5 million (including nearly $2 million in various grant funds). Phase I of the project included the dredging of 1.43 mil-lion cubic feet of silt from the North Concho River basin from Sulphur Draw upriver to 14th Street in 2010. Phase II began in October 2011 included stabilization of the banks along public lands from Oakes Street upriver to the vicinity of Sulphur Draw, additional trails and trail improvements, new lighting, an outdoor exercise area, public art, new irrigation systems, shaded sitting areas, water features and other special elements. This project is expected to be completed in August of 2013.
  • 244. 20 Hickory Aquifer: Total project budget: $120,000,000 Project consists of a well field made up of several wells near Melvin, Texas. Water from this area will be pumped via the pump stations to a high point near Eden, Texas and will flow by gravity from there. When complete, this system will provide more than 6 million gallons of water per day. Rio Vista Park: Completion Date: November, 2012 Project Budget of $636,400 A combination of the Housing and Urban Development loan and Half- Cent Sales Taxes were the funding sources for this project. Improvements included: pavilion, 2 playgrounds, restrooms, walkways, new light fixtures, refurbishment of practice ball field, tennis courts and basketball goals, irrigation and turf. Work outside of the contract includes installation of the playgrounds and fall zone material, construction of the southern loop trail and landscaping (turf and trees).
  • 245. 21 Livestock Barn: Total project budget: $1,000,000 The city was also able to make improvements to the San Angelo Coliseum‚ a multipurpose venue built in the 1950s. With the success of the 1999 sales tax‚ voters approved a second referendum in 2004‚ with a 20-year sunset. Additional work has also been done at the fairgrounds‚ adding two new livestock buildings and expanded parking to further complement the arena complex. The facility is now ranked fifth in the nation on the professional rodeo circuit. (Due to the efforts of the contractor MRI, the Stock Show and Rodeo Association, and the City’s Development Services Department among others, the project was completed ahead of schedule, in time for the Rodeo in February 2013) Municipal Swimming Pool Improvements: Project Budget: $3.2 million Improvements include new restrooms and dressing areas, a lifeguard area, concessions and a café-style sitting area. Renovation of the pool included a beach entry, several spray toys, vortex pool areas, lap swimming area, two large water slides, shaded sitting areas, new and efficient pumping and filtration systems, and improved accessibility. This is the first complete renovation of the Municipal Pool since it was built in 1938.
  • 246. 22 Airport Terminal Renovation: Projected Budget: $5,925,715 Exterior improvements will include: a new entry sign, terminal entrance pavement enhancements, curbside canopies and air traffic control tower renovation. Interior improvements include items such as relocation and configuration of the airline ticket counters and baggage claim area, improvements to the security checkpoint, structural modifications to accommodate a view from the entrance to the arrival/departure escalator area, relocation of the airport administration offices and enhancements to the meet-and-greet area. The project cost of $5.9 million is paid mostly by the Federal Aviation Administration with the rest funded by passenger facility charges and half-cent sales tax funds provided by the City of San Angelo Development Corporation.
  • 247. 23 50th Street Project: Project Budget $3.9 M Extension of 50th Street from Travis Street east to Armstrong Street (Texas Highway 208). This project included the acquisition of property and the construction of approximately 4,000 linear feet of 50 foot wide paved roadway with curb and gutter. It will provide for storm water drainage, pedestrian access, and vehicular access to and from the Coliseum and Fairgrounds, the Spur Arena, and Lincoln Middle School and better connectivity for neighborhoods on the northern most limits of San Angelo. (completed spring 2012)
  • 248. 24 Board of Directors COSADC Board Members Pictured from left to right: Tony Villareal, 1st Vice President Chris Cornell, Randy Brooks, 2nd Vice President Scott Tankersley, President Larry Teague, Joe Terrazas, and John Bariou In September of 2012 Pedro Ramirez was appointed to the COSADC board with the departure of Joe Terrazas.
  • 249. APPENDIX A 2012 Year End Financials
  • 250. Contents Executive Summary Economic Development Balance Sheet Revenue & Expenditure Report Project Commitments Ballot Balance Sheet Revenue & Expenditure Report Project Commitments Transaction Detail by Account 2005 Bond Issue 2007 Bond Issue 2011 Bond Issue Voter-Approved Projects As of December 31, 2012 This UNAUDITED information is designed for internal use and analysis only. City of San Angelo Development Corporation Financial Information and Schedules
  • 251. City of San Angelo Development Corporation Executive Summary December 2012 Available Fund Balances Unreserved Fund Balance‐Economic Development 2,831,240          Unreserved Fund Balance‐Ballot 3,929,842          Sales Tax Analysis Month 2009 2010 2011 2012 2013 % Over/(Under) Oct 529,147 488,812 495,108 561,045 632,193 12.68% Nov 615,651 558,890 603,918 618,374 662,925 7.20% Dec 536,909 464,997 475,677 564,036 642,574 13.92% Jan 518,468 465,871 504,311 574,342   Feb 745,099 693,614 734,213 836,632   Mar 485,681 457,177 484,812 540,676   Apr 497,146 449,344 476,824 572,327   May 644,007 631,333 668,292 708,619   Jun 481,198 478,087 514,451 568,481   Jul 497,525 472,360 507,793 586,968   Aug 600,989 556,301 666,130 685,775   Sep 491,409 484,297 521,626 611,448   Estimated Year to Date Sales Tax Budget 24.19% = 1,810,014 excess/(shortage) 294,648 1,040,598 1,187,756 350,000 450,000 550,000 650,000 750,000 850,000 950,000 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 2009 2010 2011 2012 2013 Page 1 of 14
  • 252. City of San Angelo Development Corporation Balance Sheet - Economic Development As of December 31, 2012 ASSETS Current Assets Checking/Savings 101000 · Cash & Investments 4,656,163 Total Checking/Savings 4,656,163 Accounts Receivable 115000 · Receivables 402,187 Total Accounts Receivable 402,187 Other Current Assets 141000 · Inventory-Ind Park-Phase I 985,559 143000 · Inventory-Ind Park-Phase II 52,000 144000 · Inventory-Ind Park-Phase III 20,500 Total Other Current Assets 1,058,059 Total Current Assets 6,116,409 TOTAL ASSETS 6,116,409 LIABILITIES & FUND EQUITY Fund Equity Designated for Eco. Dev. Projects 2,227,110Designated for Eco. Dev. Projects 2,227,110 Reserved for Inventory Assets 1,058,059 Unreserved Fund Balance 2,831,240 Total Fund Equity 6,116,409 TOTAL LIABILITIES & FUND EQUITY 6,116,409 Page 2 of 14
  • 253. City of San Angelo Development Corporation Revenue & Expenditure Report - Economic Development December 2012 Month Actual YTD Actual Budget Over/(Under) Budget % of Budget Revenue 313000 · Income-Sales & Use Tax 255,235 589,305 2,095,097 (1,505,792) 28% 360000 · Interest on Investments 1,096 3,293 14,150 (10,857) 23% 363101 · Lease Income 0 0 42,045 (42,045) 0% Total Revenues 256,331 592,598 2,151,292 (1,558,694) 28% Expenditures 410000 · Administrative 1,770 11,003 58,547 (47,544) 19% 411000 · Bank Service Charge 15 45 120 (75) 38% 412000 · Partner Affiliations 0 0 79,039 (79,039) 0% 415000 · City Services 0 0 214,886 (214,886) 0% 420000 · Industrial Park Ops & Maint 0 0 4,238 (4,238) 0% 440000 · Marketing-Chamber of Commerce 0 37,500 225,000 (187,500) 17% 440100 · Downtown San Angelo 0 18,750 75,000 (56,250) 25% 440200 · Business Ret & Exp Prog 0 0 17,500 (17,500) 0% 440300 · ASA/BRC Design Request 0 0 7,500 (7,500) 0% 445000 · Promotion (SADC Marketing) 0 0 5,000 (5,000) 0% 450000 · Project-Business Resource Ctr 30,931 395,347 630,825 (235,478) 63% 451103 · Project-Tx Bank Sports Complex 0 0 100,000 (100,000) 0% 452101 · Project-CVCED 1,508 8,400 30,113 (21,713) 28% 452112 · Project-Martifer-Hirschfeld 0 0 263,932 (263,932) 0% 452115 · Project-Blue Cross Blue Shield 0 37,118 259,827 (222,709) 14% 452119 · Project-Air Service Marketing 0 4,957 452120 · Project-Smith Blvd 0 0 455,000 (455,000) 0% 452121 · Project-MedHab 0 0 796,250 (796,250) 0% 452122 · Project-Ethicon 0 0 300,000 (300,000) 0% 452900 · Project-Future Projects 0 0 882,897 (882,897) 0% Total Expenditures 34,224 513,120 4,405,674 (3,892,554) 12% Revenue Over/(Under) Expenditures 222,107 79,478 (2,254,382) 2,333,860 (4%) Page 3 of 14
  • 254. City of San Angelo Development Corporation Economic Development Projects As of December 2012 Budget To Date Expense Remaining Budget Anticipate Paying Blue Cross Blue Shield 371,404 111,577 259,827 Yes Business Resource Center 1,989,226 1,837,125 152,101 Yes Ethicon 300,000 0 300,000 Yes Martifer-Hirschfeld (see 1999 ballot incentive) 2,490,109 2,226,177 263,932 Yes MedHab 796,250 0 796,250 Yes Smith Blvd 455,000 0 455,000 Yes Air Service Marketing 83,875 84,942 (1067) N/A 6,485,864 4,259,821 2,227,110 Total Committed, Not Expended 2,227,110 Project Page 4 of 14
  • 255. City of San Angelo Development Corporation Balance Sheet - Ballot As of December 30, 2012 ASSETS Current Assets Checking/Savings 101000 · Cash & Investments 4,447,754 Total Checking/Savings 4,447,754 Accounts Receivable 115000 · Receivables 1,034,196 Total Accounts Receivable 1,034,196 Total Current Assets 5,481,950 TOTAL ASSETS 5,481,950 LIABILITIES & FUND EQUITY Fund Equity Designated for Affordable Housing 465,061 Designated for Debt Service 1,087,047 Unreserved Fund Balance 3,929,842 Total Fund Equity 5,481,950 TOTAL LIABILITIES & FUND EQUITY 5,481,950 Page 5 of 14
  • 256. City of San Angelo Development Corporation Revenue & Expenditure Report - Ballot December 2012 Month Actual YTD Actual Budget Over/(Under) Budget % of Budget Revenue 313000 · Income-Sales & Use Tax 656,319 1,515,357 5,387,391 (3,872,034) 28% 380000 · Miscellaneous Income 0 40,170 0 40,170 100% Total Revenue 656,319 1,555,527 5,387,391 (3,831,864) 29% Expenditures 415000 · City Services 0 0 69,629 (69,629) 0% 430000 · Loan/Debt Service 0 0 4,348,188 (4,348,188) 0% 451102 · Project-Sports Facilities Maint 0 0 258,454 (258,454) 0% 451200 · Project-Affordable Housing 41,113 40,613 705,230 (664,617) 6% 451202 · Project-Blackshear Boundary 0 0 1,524 (1,524) 0% 452900 · Project-Future Projects 0 0 376,121 (376,121) 0% Total Expenditures 41,113 40,613 5,759,146 (5,718,533) 1% Revenue Over/(Under) Expenditures 615,206 1,514,914 (371,755) 1,886,669 28% Page 6 of 14
  • 257. City of San Angelo Development Corporation Ballot Projects As of December 2012 Budget To Date Expense Remaining Budget Anticipate Paying Pay-As-You-Go Ballot Projects 2013 Sports Facilities Maint 243,547 0 243,547 Yes 243,547 0 243,547 Affordable Housing Administrative Contract 30,000 20,000 10,000 Yes Blackshear Neighborhood Boundary 28,300 26,776 1,524 Yes 2006-12 Affordable Housing 1,664,066 1,294,279 369,787 Yes 2012-13 Affordable Housing 335,000 0 335,000 Yes Blackshear Properties 404,125 404,125 0 N/A Neighborhood Blitz 60,000 60,000 0 N/A Rebuilding Together - Housing Repair 74,920 74,920 0 N/A Rebuilding Together - Housing One Stop 23,759 23,759 0 N/A Roofing Grant 100,000 100,000 0 N/A 2,720,170 2,003,860 716,311 Total Committed, Not Expended 959,858 Project Page 7 of 14
  • 258. 01/18/13CityofSanAngeloDevelopmentCorpECODEV TransactionDetailbyAccount OctoberthroughDecember2012 TypeDateNumNameMemoAmount ome-Sales&UseTax GeneralJourn10/16/2012235CityofSanAngeloAdjustAugustSalesTaxRec42,427.99 GeneralJourn10/16/2012236CityofSanAngeloRecordOctober2012SalesTaxRec567,343.12 GeneralJourn11/09/2012240CityofSanAngeloAdjustSeptembersalestaxreceivable-3,128.49 GeneralJourn11/09/2012241CityofSanAngeloRecordNovemberSalesTax573,282.36 GeneralJourn12/12/2012242CityofSanAngeloRecordDecsalestax836,322.84 GeneralJourn12/12/2012243CityofSanAngeloAdjustAugust2012SalesTaxRec75,230.90 Total313000·Income-Sales&UseTax2,091,478.72 360000·InterestonInvestments GeneralJourn10/31/2012237OctoberInterest71.14 GeneralJourn10/31/2012237OctoberTexPoolInterest1,064.09 GeneralJourn11/30/2012239NovemberInterest23.21 GeneralJourn11/30/2012239NovemberTexPoolInterest1,037.91 GeneralJourn12/31/2012244DecemberInterest10.26 GeneralJourn12/31/2012244DecemberTexpoolInterest1,086.06 Total360000·InterestonInvestments3,292.67 410000·Administrative 410332·Admin-Software Check10/24/20122434EDsuiteAnnuallicense-Inv1326-2,099.00 Check11/14/20122457NewQuestITSolutions,LLCUpdatejava-Inv3271-118.75 Total410332·Admin-Software-2,217.75 410410·Admin-Utilities Check10/24/20122442CityofSanAngelo(COSA)Water&Sewer@69NChadbourne-138.01 Check10/24/20122444AtmosEnergyVOID:0.00 Check10/24/20122446WTUElecsvcto3480VentureDr-24.84 Check10/24/20122447DuncanDisposalTrashsvc-49.66 Check11/14/20122471WTUElecsvc-23.66 Check11/28/20122477CityofSanAngelo(COSA)VOID:0.00 Check11/28/20122481CityofSanAngelo(COSA)Water&SewerSvcsVentureDr-57.36 Check12/19/20122498CityofSanAngelo(COSA)Sewer&WaterSvcs-Venture-57.36 Check12/19/20122506WTUElecsvcs-23.66 Total410410·Admin-Utilities-374.55 410520·Admin-Insurance Check10/24/20122437SamTambungaInsuranceLLCRenewalpolicyforLoop306&FM380-873.90 Check11/14/20121677CityofSanAngelo(COSA)ReimbRiskforliabilityinsurance-DevFo0.00 Check11/14/20122463CityofSanAngelo(COSA)ReimbRiskforliabilityinsuranceDevFo-77.25 Total410520·Admin-Insurance-951.15 410540·Admin-Advertising Check10/10/20122429StandardTimesLegalnoticeposting-149.71 Total410540·Admin-Advertising-149.71 410550·Admin-Printing Check10/24/20122439LiveDesigninvitationsforDCForum-499.03 Total410550·Admin-Printing-499.03 410565·Admin-DevelopmentForum Check10/10/20122431LeeAnnBaileydesignforDevForuminvitations-50.00 Deposit10/18/2012010681ReimbexpensesforDevForum100.00 Check12/19/20122491McLaughlinAdvertisingAdvforDevForum-750.00 Check12/19/20122492CityofSanAngelo(COSA)ReimbCivic-linensforDevForum-10.50 Total410565·Admin-DevelopmentForum-710.50 410580·Admin-Travel&Lodging Check10/10/20122423CityofSanAngelo(COSA)airfareandhoteltoReno,NV-1,469.80 Check10/10/20122424ShawnLewisReimbfortraveltoHouston-1,079.48 Check10/10/20122428ChrisCornellReimbfortraveltoDurango-189.50 Check10/24/20122436CityofSanAngelo(COSA)Hotel&airfarefortraveltoDurango-1,276.54 Deposit10/30/20121158ReimbfortravelerrorforS.Lewis529.60 Check11/14/20122454CynthiaHartinReimbfortraveltoAustin-328.24 Deposit11/14/201223456RefundfromAeroMexicocancelledticke532.16 Total410580·Admin-Travel&Lodging-3,281.80 Page9of15 Page 8 of 14
  • 259. 01/18/13CityofSanAngeloDevelopmentCorpECODEV TransactionDetailbyAccount OctoberthroughDecember2012 TypeDateNumNameMemoAmount 410591·Admin-ProfessionalDues Check11/28/20122487ChamberofCommerceMembershipluncheonInv59770-30.00 Check12/19/20122492CityofSanAngelo(COSA)ReimbforB.Schneemancc-Chamberlu-30.00 Check12/19/20122492CityofSanAngelo(COSA)ReimbforB.Schneemancc-constantco-77.00 Total410591·Admin-ProfessionalDues-137.00 410610·Admin-OfficeSupplies Check10/10/20122423CityofSanAngelo(COSA)ReimbPlanningforcopierpaper-37.21 Check10/10/20122432AngeloAwardsnameplateforPedroRamirez-11.85 Check11/14/20122470StaplesInc.Easels-37.62 Check11/28/20122479CityofSanAngelo(COSA)Reimbforcopierpaper-171.76 Check12/19/20122492CityofSanAngelo(COSA)ReimbforS.Lewiscc-Lowes-57.96 Check12/19/20122492CityofSanAngelo(COSA)ReimbPlanningforcopierpaperandlea-245.47 Check12/19/20122501StaplesInc.OfficeSupplies-146.07 Check12/19/20122501StaplesInc.BlanketPurchaseOrderforStaplesOffic0.00 Check12/19/20122504BusinessInk,Copaper-48.25 Check12/19/20122504BusinessInk,CoPerDaleHahnadjustduetobankerror-1.00 Total410610·Admin-OfficeSupplies-757.19 410614·Admin-Postage Check11/14/20122449ChamberofCommerceBulkmailingforDevForums-Inv59217-303.48 Check11/14/20122468FedExKinkosPostageforcontracts-52.75 Total410614·Admin-Postage-356.23 410616·Admin-GeneralSupplies Check11/14/20122458LiveDesignSAbookletsInv437-107.25 Check11/14/20122459NoraReginoReimbforDevForumexpenses-260.12 Check12/19/20122503AngeloAwardsPlaqueforJoeTerrazas-66.95 Total410616·Admin-GeneralSupplies-434.32 410630·Admin-Food Check10/10/20122423CityofSanAngelo(COSA)FoodforLucasOilMeetings-339.06 Check11/14/20122456NoraReginoVOID:ReimbforsuppliesforDevForum0.00 Check11/14/20122460SanAngeloHostInv1760-DevForumdrinks-100.00 Check11/14/20122465SouthwestDeliGroupIncInv2980-67.50 Check11/14/20122466ShawnLewisReimbforlunchforBRCmove-62.19 Check11/15/20122474TonyVillarrealVOID:Reimbfordinner0.00 Check11/15/20122475TonyVillarrealReimbfordinner-300.50 Check12/19/20122492CityofSanAngelo(COSA)ReimbforS.Lewiscc-food-137.15 Check12/19/20122492CityofSanAngelo(COSA)ReimbCivic-coffeesetup-120.00 Total410630·Admin-Food-1,126.40 Total410000·Administrative-10,995.63 411000·BankServiceCharge GeneralJourn10/31/2012237WireTransferFee-15.00 GeneralJourn11/30/2012239WireTransferfee-15.00 GeneralJourn12/31/2012244WireTransferfee-15.00 Total411000·BankServiceCharge-45.00 440000·Marketing-ChamberofCommerce Check10/24/20122433ChamberofCommerceOct2012MarketingSvc-Inv107-18,750.00 Check11/14/20122449ChamberofCommerceMarketingcontract-Inv107-18,750.00 Total440000·Marketing-ChamberofCommerce-37,500.00 440100·DowntownSanAngelo Check10/10/20122421DowntownSanAngelo,Inc.4thQtr2012-18,750.00 Total440100·DowntownSanAngelo-18,750.00 450000·Project-BusinessResourceCtr Check10/10/20122420StoddardConstructionMgmt,Inc.Construction@BRC-147,667.61 Check10/10/20122422CasaBellaArchitectsProfSvcsforJuly1-Aug31,2012-5,554.77 Check11/14/20122448StoddardConstructionMgmt,Inc.ContractSvcsforBRC-206,774.63 Check11/14/20122448StoddardConstructionMgmt,Inc.Renovate69N.Chadbourne Check11/14/20122451CasaBellaArchitectsProfessionalsvcs-Inv2422&2423-3,793.31 Check11/28/20122480OfficeFurnitureDiscountersChairsandmats-505.00 Check11/28/20122481CityofSanAngelo(COSA)Water&SewerSvcs69NChadbourne-80.65 Check11/28/20122486ShawnLewisReimbforitemsforBRCmove-39.68 Check12/19/20122489CommunicationsEtc.DatacablingatBRC-20,333.99 Check12/19/20122489CommunicationsEtc.Cabling@BRCBuilding-69NChadbou0.00 Check12/19/20122490AmericaFirstInsuranceInspolicyforBRC-7,395.00 Check12/19/20122494BellaandOliviaInteriors/GotchaCShadeblindsforBRC-526.41 Check12/19/20122495LeeAnnBaileyDesignbanner&BRClogo-475.00 Check12/19/20122496SuddenlinkPhone&Internetsvcs-437.81 Check12/19/20122498CityofSanAngelo(COSA)Sewer&WaterSvcs-BRC-76.65 Check12/19/20122500AtmosEnergyGasSvc-148.26 Check12/19/20122502CTWPMovedcopiertoBRC-95.00 Check12/19/20122505OfficeFurnitureDiscountersChairmat-45.00 Check12/19/20122489CommunicationsEtc.CablingatBRC-1,397.83 Total450000·Project-BusinessResourceCtr-395,346.60 Page10of15 Page 9 of 14
  • 260. 01/18/13CityofSanAngeloDevelopmentCorpECODEV TransactionDetailbyAccount OctoberthroughDecember2012 TypeDateNumNameMemoAmount 451200·Project-AffordableHousing Deposit10/02/2012020796EscrowFunds40,170.49 Deposit10/18/2012100-38755Refundonoverpaymentofclosing322E500.00 Total451200·Project-AffordableHousing40,670.49 452101·Project-CVCED Check10/10/20122425NewQuestITSolutions,LLCRemotebackupserver-599.88 Check10/10/20122426BlaireMorelandInternSalarySept17-28,2012-382.50 Check10/10/20122427DavidRodriguezInternSalarySept17-28,2012-270.00 Check10/10/20122430CityofSanAngelo(COSA)Water&Sewerfor2009WBeauregard-117.43 Check10/24/20122435MrInsurancePolicyrenewalforCVCED-1,341.00 Check10/24/20122438NewQuestITSolutions,LLCRemotebackupservforCVCED-599.88 Check10/24/20122440BlaireMorelandInternSalaryforOct1-12,2012-307.50 Check10/24/20122441DavidRodriguezInternSalaryOct1-11,2012-270.00 Check10/24/20122443MayfieldPaperCoInv1243032-56.84 Check10/24/20122445AtmosEnergyGassvc-35.98 Check11/14/20122452BlaireMorelandInternSalaryOct14-Nov3,2012-566.25 Check11/14/20122453DavidRodriguezInternSalaryOct14-Oct31,20120.00 Check11/14/20122455VerizonPhonesvcforCVCED-276.76 Check11/14/20122461CTWPPurchasestaplesforCVCED-90.00 Check11/14/20122462CityofSanAngelo(COSA)Water&Sewersvcs-80.93 Check11/14/20122464MediaJawHostingLLCInv1066-74.85 Check11/14/20122467DuncanDisposalTrashSvc-54.20 Check11/14/20122469AtmosEnergyGassvc-39.04 Check11/14/20122472DavidRodriguezInternsalaryOct14-31,2012-390.00 Check11/28/20122476BlaireMorelandInternSalaryNov4-24,2012-731.25 Check11/28/20122478SuddenlinkInternetSvc2009WBeauregard-259.90 Check11/28/20122482CommunicationsEtc.Inv10880-115.00 Check11/28/201224833D'sPlumbingInv12-197476plumbingrepair-110.00 Check11/28/20122484Verizonphonesvc@2009WBeauregard-70.93 Check11/28/20122485AtmosEnergyGassvc-52.56 Check12/07/20122488BlaireMorelandInternSalaryNov25-30,2012-292.50 Check12/19/20122493BlaireMorelandInternSalaryfromDec3-14,2012-551.25 Check12/19/20122497Oliver,Rainey&Wojtek,LLPInv86028-395.00 Check12/19/20122498CityofSanAngelo(COSA)Sewer&WaterSvcs-CVCED-84.93 Check12/19/20122499TelProCommunicationsInstalledphonesystem-184.03 Check12/27/20122507BlaireMorelandInternSalaryDec17-28,2012-435.00 Total452101·Project-CVCED-8,835.39 452115·Project-BlueCrossBlueShield Check11/14/20122473BlueCrossBlueShieldReimbgrant-37,118.00 Total452115·Project-BlueCrossBlueShield-37,118.00 452119·Project-AirServiceMarketing Check11/14/20122450KSAEngineersAirSvcMarketingInv49635A-4,956.89 Total452119·Project-AirServiceMarketing-4,956.89 Page11of15 Page 10 of 14
  • 261. 25 % of Year Lapsed Over/ Previous Inception Current Month YTD YTD (Under) Years to Dept Budget Actual Total W/Enc Budget Activity Date *Beginning Fund Balance 632,366 632,366 632,366 REVENUES: C.O. Proceeds 0 0 0 0 0 19,750,000 19,750,000 Reoffering Premium 0 0 0 0 0 427,444 427,444 Interest Income 0 120 274 274 274 1,982,373 1,982,647 Health Foundation-Conv Ctr 0 0 0 0 0 500,000 500,000 Sale of Materials 0 0 0 0 0 1,828 1,828 Total Revenues 0 120 274 274 274 22,661,645 22,661,919 EXPENSES: 50th Street 3200 83,254 0 0 85,201 1,947 1,016,747 1,101,948 Water Supply 4100 0 0 0 0 0 500,000 500,000 Concho River 4119 251,985 0 1,575 241,020 (10,965) 1,290,957 1,531,977 Sports & Athletic Facilities 6100 162,306 0 111,254 141,409 (20,897) 449,862 591,271 Texas Bank Sports Complex 6139 0 0 0 0 0 5,296,000 5,296,000 Fort Concho Improvements 6300 0 0 0 0 0 492,091 492,091 Coliseum Improvements 6601 0 0 0 0 0 366,109 366,109 Convention Center Improvements 6603 36,831 0 0 0 (36,831) 3,797,778 3,797,778 Fairgrounds (Stock Show) 6636 0 0 0 0 0 4,201,856 4,201,856 Fairgrounds Site Improvements 6637 0 0 0 0 0 4,125,723 4,125,723 Other Arbitrage 9900 3,479 0 0 0 (3,479) 317,561 317,561 Contingencies 9900 0 0 0 0 0 0 0 Issue Costs 9900 0 0 0 0 0 174,595 174,595 Total Expenses 537,855 0 112,829 467,630 (70,225) 22,029,279 22,496,909 Rev. over/(under) Exp. (537,855) 120 (112,555) (467,356) Ending Fund Balance 94,511 519,811 165,010 *Preliminary City of San Angelo One Half Cent Sales Tax (2005 Bonds) ‐  Fund 503 Schedule of Revenues and Expenditures Fiscal Year through December 31, 2012 Page 11 of 14
  • 262. 25 % of Year Lapsed Over/ Previous Inception Current Month YTD YTD (Under) Years to Dept Budget Actual Total W/Enc Budget Activity Date *Beginning Fund Balance 871,594 871,594 871,594 REVENUES: C.O. Proceeds 0 0 0 0 0 10,145,000 10,145,000 Reoffering Premium 0 0 0 0 0 0 0 Interest Income 0 236 489 489 489 194,406 194,895 Transfer from General 0 0 0 0 0 233,736 233,736 Health Foundation 570,000 0 237,837 237,837 (332,163) 0 237,837 Reimbursed Expenses 0 0 0 0 0 2,151,876 2,151,876 Federal Grant 200,000 0 0 0 (200,000) 0 0 State Grants 500,000 0 0 0 (500,000) 109,005 109,005 Local Grants 200 0 0 0 (200) 181,800 181,800 Total Revenues 1,270,200 236 238,326 238,326 (1,031,874) 13,015,823 13,254,149 EXPENSES: 50th Street 3200 0 0 0 0 0 2,934,000 2,934,000 Water Supply 4100 985,191 0 0 0 (985,191) 14,809 14,809 Concho River 4119 1,275,545 12,689 12,689 1,275,545 0 3,065,120 4,340,665 City Parks 6003 30,459 5,295 6,795 10,259 (20,200) 259,540 269,799 Sports & Athletic Facilities 6100 8,301 0 0 0 (8,301) 180,772 180,772 Tennis Facility 6113 52,281 0 0 0 (52,281) 803,718 803,718 Texas Bank Sports Complex 6139 4,917 0 0 3,850 (1,067) 4,630,439 4,634,289 Other Arbitrage 9900 0 0 0 0 0 0 0 Contingencies 9900 0 0 0 0 0 0 0 Issue Costs 9900 0 0 0 0 0 255,831 255,831 Total Expenses 2,356,694 17,984 19,484 1,289,654 (1,067,040) 12,144,229 13,433,883 Rev. over/(under) Exp. (1,086,494) (17,748) 218,842 (1,051,328) Ending Fund Balance (214,900) 1,090,436 (179,734) *Preliminary Fiscal Year through December 31, 2012 Schedule of Revenues and Expenditures One Half Cent Sales Tax (2007 Bonds) ‐  Fund 515 City of San Angelo Page 12 of 14
  • 263. 25 % of Year Lapsed City of San Angelo Capital Projects 2011A Tax/Revenue C.O. - Fund 514 Fiscal Year through December 31, 2012 Schedule of Revenues and Expenditures Over/ Previous Inception Current Month YTD (Under) Years to Dept Budget Actual W/Enc Budget Activity Date *Beginning Fund Balance 6,825,977 6,825,977 REVENUES: C.O. Proceeds 0 0 0 0 13,780,000 13,780,000 Reoffering Premium 0 0 0 0 0 0 Municipal Pool Donation 0 0 0 0 21,225 21,225 SASSRA Stock Barn 350,000 0 0 (350,000) 0 0 Transfer from Dev. Corp. 4,220,000 0 0 (4,220,000) 4,220,000 4,220,000 Interest Income 0 1,315 2,870 2,870 84,679 87,549 Total Revenues 4,570,000 1,315 2,870 (4,567,130) 18,105,904 18,108,774 EXPENSES: Airport Terminal Rehab 3925 454,707 20,578 23,316 (431,391) 52,858 76,174 Concho River 4119 2,373,661 365,893 1,132,173 (1,241,488) 6,607,235 7,739,408 Parks 6000 871,385 129 51,727 (819,658) 53,615 105,342 Red Arroyo Trial 6040 314,568 0 0 (314,568) 10,432 10,432 Recreation 6100 88,573 0 0 (88,573) 2,507,651 2,507,651 Sports Complex 29th St. 6107 0 0 0 0 0 0 Fort Administration 6301 90,000 0 0 (90,000) 10,000 10,000 Auditorium 6602 2,140,520 58,058 323,551 (1,816,969) 1,632,895 1,956,446 Fairgrounds 6636 1,202,122 . 1,053,689 (148,433) 147,878 1,201,567 Issue Costs 9900 0 0 0 0 257,363 257,363 Contingencies 9900 100,000 1,500 1,500 (98,500) 0 1,500 Total Expenses 7,635,536 446,158 2,585,956 (5,049,580) 11,279,927 13,865,883 Rev over/(under) Exp (3,065,536) (444,843) (2,583,086) Ending Fund Balance 3,760,441 4,242,891 *Preliminary Page 13 of 14
  • 264. City of San Angelo Development Corporation Voter-Approved Projects December 2012 Original Project Allocation Revised Project Allocation Total Budgeted Actual Project-to-Date w/Enc 50th Street 2,100,000$ 3,900,000$ 3,900,000$ 4,035,948$ Water Supply 17,000,000$ 17,000,000$ 1,500,000$ 514,809$ Concho River (1) 11,000,000$ 15,068,844$ 14,062,615$ 13,612,050$ City Parks 1,500,000$ 1,175,000$ 1,175,000$ 375,141$ Red Arroyo Trail (included above) 325,000$ 325,000$ 10,432$ Sports & Athletic Facilities 10,000,000$ 4,649,744$ 3,091,000$ 3,279,694$ Tennis Facility (2) (included above) 826,000$ 856,000$ 803,718$ Texas Bank Sports Complex (3) (included above) 9,929,480$ 9,929,480$ 9,930,289$ 29th St Sports Complex (included above) 100,000$ 100,000$ -$ Fort Concho Improvements 400,000$ 592,091$ 592,091$ 502,091$ Coliseum Improvements 300,000$ 366,417$ 366,109$ 366,109$ Convention Center Improv. (4) 500,000$ -$ 3,834,610$ 3,797,778$ Fairgrounds (Stock Show) 4,000,000$ 4,201,857$ 4,201,857$ 4,201,856$ Fairgrounds Site Improvements 3,200,000$ 5,206,495$ 5,125,723$ 5,327,290$ Auditorium 3,750,000$ 3,750,000$ 3,750,000$ 1,956,446$ Airport Terminal Rehab 500,000$ 500,000$ 500,000$ 76,174$ Totals 54,250,000$ 14,616,860$ 18,370,390$ 48,789,825$ (1) Revised Project Allocation includes $500,000 Texas Parks and Wildlife Grant (2) Revised Project Allocation includes $132,000 Health Foundation Grant and $30,000 contribution from Concho Valley Tennis A (3) Revised Project Allocation includes $233,736 COSA contribution, $125,000 Health Foundation Grant, and $25,000 CVB Contr (4) Revised Project Allocation includes $500,000 Health Foundation Grant and $1,828 from Sale of Materials Page 14 of 14
  • 265. B-1 Appendix B Other 2012 Items of Interest  Development Review Committee Meetings – 89  Site Plan Reviews – 47  Subdivision Plat, Alley or Street Abandonment Reviews - 44  Downtown Façade Grants (CDBG Funds)- 2 grants / $13,447.50 total  Downtown TIRZ Incentives – 3 grant / $23,230.00 total  North Angelo Redevelopment Incentives (TIRZ) – 3 grants / $22,217.32 total
  • 266. City of San Angelo Memo Meeting Date: September 17, 2013 To: Mayor and City Council members From: AJ Fawver, Planning Manager Subject: Permission to enter into contract with Gateway Planning Group for Lake Nasworthy plan Contacts: AJ Fawver, Planning Manager 657- 4210 Caption: Presentation of and possible action regarding final draft of planning document for Lake Nasworthy subdistrict, as prepared by Gateway Planning. Background: Beginning in June of 2011, the City Council reviewed several items related to Lake Nasworthy; these included: • an annexation of a now-defunct power plant located in the area; • amendments to ordinances regulating areas around Lake Nasworthy, specifically those recreational in nature; • the entering into negotiations between the Parks Director and a firm slated to provide an update to the Parks and Recreation Master Plan; • the hearing of zone changes in and around the Lake Nasworthy addition; and, • discussions of investment in and around the Lake Nasworthy area to capitalize on this asset. In response to these continued discussions of the area, staff put together an RFQ that was published to solicit responses from firms with experience in master planning for areas with value in tourism, recreation, and who understood the unique characteristics of waterfront development.
  • 267. Seven firms submitted packages outlining their qualifications to complete and coordinate such a project. A selection committee consisting of the members listed below reviewed these packages and, based on their scores, narrowed down the list to three finalist groups. • Paul Alexander, Council member, SMD 1; • Alvin New, Mayor; • AJ Fawver, Planning Manager; • Shawn Lewis, Director of Community & Economic Development; • Elizabeth Grindstaff, Assistant City Manager; and • Will Wilde, Director of Water Utilities. Once a “short list” was determined, the three finalist firms were invited for interviews. As a requirement of the interview opportunity, the firms were asked to attend the public meeting being held by the Parks Department to solicit public input for their ongoing update to the Parks and Recreation Master Plan, specifically a discussion of Lake Nasworthy. The following day, interviews were held with each firm and a committee consisting of the members listed below, whose scores were combined to assess the most qualified of the firms. • Paul Alexander, Council member, SMD 1; • Alvin New, Mayor; • Tad Logan, President, Lake Nasworthy Homeowners Association; • Tony Villarreal, COSADC; • Carl White, Parks Director; • Lauren Shrum, Texas Outdoor Consulting (currently conducting the update to the Parks and Recreation Master Plan); and • AJ Fawver, Planning Manager; • Shawn Lewis, Director of Community & Economic Development; and • Elizabeth Grindstaff, Assistant City Manager. Gateway Planning Group’s presentation garnered responses from the committee regarding: • their data-driven approach; • their business “matchmaking” abilities (connections with over 100 facilities); • their focus on public involvement; • their comprehension of the tourism component of the area paired with the neighborhood component; • their extensive experience in waterfront planning and projects; • their personalized, detailed approach; and • their urge to make recreational opportunities year-round to maintain flow of tourism; and, • their understanding of the market feasibility and market analysis.
  • 268. On May 14th , Scott Polikov, from Gateway Planning Group, presented the scope and figures which were formulated through negotiations with Planning Manager AJ Fawver. The committee held discussion on the proposal and ultimately recommended that the Council approve and move forward with the approach, citing it as a worthwhile investment. On May 15th , City Council listened to a presentation by Ms. Fawver and Mr. Polikov, and ultimately gave direction to move forward with the proposed approach, scope, and price. The discussion also outlined the intent for this expenditure to come from the Lake Nasworthy fund, specifically. The contract for this project was executed by all parties on September 18th, 2012. The consultant team met with city staff to "kick off" the project on December 19th, 2012. They visited San Angelo to conduct stakeholder interviews March 27th and 28th of 2012, and again April 30th through May 3rd, to meet with internal and external related parties in order to discuss design and identify key areas for consideration. A community breakfast was held the morning of May 1st, and a community evening meeting held May 2nd, to share the work done up to that point and obtain citizen ideas and feedback. They returned to San Angelo June 26th to meet individually with Council members from the current Council, as well as to meet with staff and some external stakeholders. The final draft report and sub-district chapter, the required deliverables for this contract, will be presented by the consultant team at the September 17th meeting, for comment and possible direction. This information will be incorporated, and the resulting document will be presented at a future meeting for consideration as a formalized amendment to the Comprehensive Plan. Related Vision Item: Provide adequate amenities for all neighborhoods. Attract reinvestment. Develop strategic plan for recruitment. Examine liquidation of underutilized City properties. Financial Impact: None - financing was addressed at time of awarding the contract, for $298,150 plus expenses. Attachments: Excerpts from RFQ CED 05-11, outlining desired services and selection criteria Excerpt from May 15, 2012 City Council minute record Concept Description Master Plan & Implementation Strategy
  • 269. Publication: None required. The City is seeking to hire a qualified consultant firm or team to provide professional land use planning services, specifically to lead the  City's efforts in preparing an addendum to the 2009 Comprehensive Plan; this addendum would create a 7 th  sub‐district concept  specifically centered on Lake Nasworthy.    A response to this RFQ shall include methodology and approach, including a timeline, for performing necessary  research and preparing this addendum. The addendum should focus on the following:     1.    Select and create boundaries for final study area (a “sub‐district) surrounding Lake Nasworthy;  2.  Collect data and prepare graphics illustrating the sub‐district from a variety of perspectives, such as  current buildings and uses, tenant profiles, sale and lease points and other data that affect the area’s  competitive position in the market;  3.  Provide analysis of the following:  a.  Ownership of property adjoining all edges of Lake Nasworthy;  b.  Tourism and recreational opportunities to maximize activity within the sub‐district;  c.  Data  collected  from  surveys  previously  distributed  by  Parks  Department  staff  regarding  activities and facilities around Lake Nasworthy;  d.  Land use, water, recreation and resource management issues;  e.  Accessibility of sub‐district by multi‐modal traffic;  f.  Relationship between local land use activities and the lake environment; and  g.  The role of the sub‐district from a regional perspective.  4.  Identify the following:  a.  Opportunities, constraints, and perceived issues relative to the study area;  b.  Environmental concerns and opportunities relative to the study area;  c.  Potential projects that could be pursued to attract and leverage investment in the subject  area; and  d.  Action‐oriented recommendations for land use policy and stewardship approaches for future  needs.  5.  Conduct public input process, to include:  a.  Identification  of  key  stakeholders  for  a  series  of  interviews,  the  results  of  which  will  be  summarized  and  used  to  pinpoint  problems  and  opportunities,  as  identified  by  local  residents, property and business owners;  b.  Prepare for and conduct two (2) public meetings in the area to facilitate discussions aimed at  identifying  land  use  and  growth  management,  sustainability,  tourism,  economic  development, and related issues;  6.  Draft a sub‐district chapter for inclusion in the 2009 San Angelo Comprehensive Plan that mirrors the  style and layout of the attached example.  This chapter should include, at a minimum, the following: 
  • 270. a. Boundaries of the area;  b. The concept "challenge" and "solution";   c. A concept "label" with a description and appropriate graphic showing area affected by this concept;  d. Barriers which impede the success of the sub‐district;  e. Analysis of the market opportunities for the area, classified by "short‐term" (1‐5 years) or "long‐term" (5‐ 10) years;  f. Suggestions of urban design elements to contribute to and compliment the area;  g. Public‐private strategies that could help address the challenges, barriers, and solution described for the  area;  h. Recommendations based on the completion of Items 1‐5 above; and  i. Selection of an area that could be used as a case study to illustrate the concept (a “catalyst”), and that is  part of the selected sub‐district ‐ include graphic(s) that demonstrate the concept;  REQUIREMENTS  A qualified consultant should demonstrate the following minimum qualifications to be considered.    1. Applicable experience in and knowledge of basic legal issues related to land use planning.      2. A description of all services available to the City by the firm.    3. At least five (5) professional client references for the principal consultant, project manager, and the firm as a whole.    4. A consultant list of the proposed project team, if applicable.    5. Any and all conflicts of interest or potential conflicts of interest shall be disclosed, including any work being done for  any landowner or developer in the City.    6. Experience in giving presentations, moderating, and facilitating public meetings.      7.  Applicable knowledge of integrating land use planning and market analysis.    8.  Applicable experience in planning areas with an emphasis on tourism and/or recreation.  SELECTION PROCESS    All responses will be evaluated by a Selection Committee and those respondents determined to be most qualified for a  short list may be invited to attend an interview, at the respondent’s own expense.  The City shall not incur any costs for  response preparation and/or submittal of proposal.    The Committee will evaluate all responses based on the established criteria, to include professional qualifications,  background, training, experience, and project‐assigned staff qualifications, etc.  The City reserves the right to negotiate  the final fee schedule, prior to recommending professional services contract for award.    EVALUATION OF RESPONSES & SELECTION CRITERIA    1. The Selection Committee shall evaluate and score all of the responses that are submitted.  Evaluation ratings will be  based on 100‐point scale.      1.  Experience in preparing plans for targeted areas ................................. 25 Points  2.  Previous Projects ..................................................................................... 15 Points  3.  Ability ....................................................................................................... 10 Points  4.  Familiarity with the City .......................................................................... 05 Points  5.  Project Personnel .................................................................................... 05 Points  6.  Information from references.................................................................. 15 Points 
  • 271. 7.  Knowledge/Experience in Planning for Tourism     and Recreation Venues ........................................................................... 25 Points    2. The Selection Committee will determine the most qualified Respondent(s) and may invite them for an interview with  members of the Selection Committee.    3. The City reserves the right to request clarification or additional information specific to any submission after all  submissions have been received.    4. Should an interview be requested, respondents should be prepared for 20 minutes of presentation and 15 minutes of  questions and answers.    5. City staff shall recommend the most qualified firm to the City Council and request authority to enter into contract  negotiations.    6. When services and fees are agreed upon, the selected Respondent shall be offered a professional services contract  subject to City Council approval.      7. Should negotiations be unsuccessful with the Respondent receiving the top score, the City shall enter into negotiations  with the next highest ranked Respondent.  The process shall continue until an agreement is reached a qualified  Respondent.    8. This RFQ does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and  presentation of a response.  All finalist(s) shall pay their own costs incurred in preparing for, traveling to and attending  the interviews. 
  • 272. DISCUSSION AND DIRECTION TO STAFF TO NEGOTIATE A CONTRACT FOR THE SUB- DISTRICT PLANNING DOCUMENT AS OUTLINED IN CED 05-11 FOR LAKE NASWORTHY Planning Manager AJ Fawver and Scott Polikov, AICP, CNU, and Dan Martin, Management & Marketing Feasibility Advisor, with Gateway Planning Group, presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion was held on the time frame for return on investment, opportunities, gateways, insuring plan is in line with the City’s current vision, example of current and past projects, and potential strong development plans. Council recognized the planning document was an expensive project and would be completed over a two year period. Discussion was held on marketing the city, implementing ways to attract people, showcasing the local water resources by truly developing and increasing the economic development; and investing in the process similar to the downtown area investments. Interim City Manager Michael Dane explained the project cost was $298K and the funding source would be allocated from the sale of lake properties. He stated the Lake Nasworthy trust fund and City are allowed to use 90% of the investment for improvements in and around the lake. Mr. Dane informed $840K remains in the investment income and these monies provide the least impact to the tax payers. Council directed staff to move forward and negotiate a contract. Public comments were made by former San Angelo resident Reed Donaldson. Minutes Page 479 May 15, 2012 Vol. 103
  • 273. Concept # 7 Challenge:Unique Lake Setting with Latent Potential Solution:Lake Nasworthy Catalyst Development Opportunities Concept Description Surrounding Lake Nasworthy are two concept opportunities: Harbor Village and Power Plant Site. Power Plant Site The decommissioned power plant area(shown below in pink) offers an opportunity for the community to see activation of a previously dormant parcel. Taking advantage of the canal and location on the Lake, the site is envisioned to be a mixed use concept with a single family neighborhood, multifamily buildings and a hotel served by neighborhood retail and commercial. Harbor Village The Harbor Village area (shown in red below) is an opportunity to incorporate Mary E Lee Park and a high profile location next to it, and to catalyze activity by creating a mix of uses that could include a marina, hotel and restaurant. Illustration Power Plant Site Barriers □ Privatelyowned primary site and different adjacent ownership □ Encumbered by typical zoning that hinders creative design approach □ Previously-ignored portion of lake with poor street connectivity within site
  • 274. Market Opportunities short-term long-term 1-5 years 5-10 years Housing Ownership □ Rental □ Senior □ Other Retail Neighborhood-Serving □ Destination-Entertainment □ Specialty □ Employment Office □ Service/ Boutique □ Industrial Incubator □ Other Lodging □ Institutional Civic □ Parking □ Potential Redevelopment Land Use Plan of Power Plant site and surrounding area
  • 275. Urban Design Elements □ Small usable open space throughout: courtyards, greens and plazas □ Street connectivity between private and civic spaces - public access to water □ Range of housing types and transitions between uses □ Acts as gateway to Lake Nasworthy Variety of residential product types – retail and natural experiences Public-Private Strategies □ City participation in utility work could create momentum catalyzing development that fits with the long term vision for the lake □ Create code that allows for adjacency predictability across different land ownership □ Provide proactive vision for site to encourage place-based development □ Elevation of Knickerbocker Bridge over the canal toopen it to boat traffic and increase value of site □ Potential regional interpretive heritage center to act as visitor destination Harbor Village Barriers □ Multiple property owners adjacent to street that acts and feels like a highway □ Lack of lakeside type development that would spur more activity □ Limited existing lakeside amenities limit success of waterfront-centric restaurant/ retail
  • 276. Market Opportunities short-term long-term 1-5 years 5-10 years Housing Ownership □ Rental □ Senior Other Retail Neighborhood-Serving □ Destination-Entertainment □ Specialty □ Employment Office Service/ Boutique □ Industrial Incubator Other Lodging □ Institutional Civic □ Parking □ Potential Redevelopment Illustrative Plan of Marina/ Hotel and Surrounding Area
  • 277. Urban Design Elements □ Connections between private property and public park/ dock □ Maximizes lake views and primary street intersection □ Buffer protection for the neighborhood near “the beach” with new drive and landscaping □ Splash park amenity to enhance the beach area □ Range of building and use types to encourage activity and destination location □ Illustrative concept includes the following: • Hotel on the lake - 30 rooms per floor, 4-5 floors (120 to 150 rooms total) • Restaurants - 30,000 SF • Conference center - 30,000 SF • Retail/Entertainment Flex Space - 45,000 SF • New beach structure with concessions - 6,000 SF Texasoutside.com Public-Private Strategies □ Create code that allows for adjacency predictability across different land ownership □ Provide proactive vision for site to encourage place-based development □ Relocation of the Nature Center to upgraded facility □ Private and public parcels could be made available for purchase and ground leases, respectively □ Dispositions of the public lands for ground lease could be facilitated through an unsolicited proposal process
  • 278. Lake Nasworthy Master Plan and Implementation Strategy San Angelo, Texas Prepared For: City of San Angelo | September 3, 2013 DRAFT PARCPeter A. Ravella Consulting, LLC
  • 279. Lake Nasworthy Master Plan and Implementation Strategy | San Angelo, Texas | September 2013 iii DRAFTAcknowledgments San Angelo City Council Mayor Dwain Morrison Rodney Fleming, District 1 Marty Self, District 2 Johnny Silvas, District 3 Don Vardeman, District 4 H.R. Winkie Wardlaw, District 5 Charlotte Farmer, District 6 San Angelo Planning Commission Darlene Jones - Chair Bill Wynne - Vice Chair Teri Jackson Ryan Smith Mark Crisp Valerie Priess Sammy Farmer San Angelo City Staff Daniel Valenzuela - City Manager Rick Weise - Assistant City Manager Michael Dane - Assistant City Manager/Chief Financial Officer AJ Fawver - Interim Director, Development Services Robert Scheeman - Interim Director, Economic Development Shane Kelton - Operations Director Carl White - Director, Parks and Recreation Mike Smith - GIS Manager Al Torres - Building Official Ricky Dickson - Water Utilities Director Lake Nasworthy Institutional Stakeholders San Angelo Regional Airport Angelo State University Goodfellow Air Force Base Stakeholder Groups [Names to be Added] San Angelo Convention Visitors Bureau KOA Campground San Angelo Nature Center Archery Club
  • 280. Lake Nasworthy Master Plan and Implementation Strategy | San Angelo, Texas | September 2013 v DRAFTTable of Contents I. Executive Summary....................................................................................................................1 II. Public Participation.....................................................................................................................3 A. Input and Outreach Process...............................................................................................3 B. Stakeholders Involved........................................................................................................3 C. Summary of Stakeholder Input...........................................................................................3 III. Assessment of Conditions..........................................................................................................7 A. Map of Study Area and Description..................................................................................7 B. Natural Structures.............................................................................................................7 C. Major Existing Uses/Users................................................................................................7 D. Relation to Prior Studies....................................................................................................8 E. Resource Management and Environmental Issues...........................................................9 IV. Market Analysis........................................................................................................................11 A. Market Area Demographics.............................................................................................11 B. Demand Potential by Sports Participation.......................................................................20 C. Demand Potential by Propensity......................................................................................21 D. Tourism.............................................................................................................................26 V. Master Plan..............................................................................................................................35 A. Lake Nasworthy Area Master Plan..................................................................................35 B. Market Potential by Character Zone................................................................................36 C. Integrated Parks/Trails and Connectivity.........................................................................43 VI. Implementation Report.............................................................................................................49 A. Potential Partnership Structures.....................................................................................49 B. Funding/Financing Strategy.............................................................................................49 C. Catalytic Projects.............................................................................................................49 D. Zoning Regulatory Approach...........................................................................................58 E. Regulatory Environmental Issues....................................................................................59 F. Roadways and Utilities....................................................................................................60 G. Trails Funding...................................................................................................................60 Appendix Market Study Appendix..........................................................................................................................63
  • 281. Lake Nasworthy Master Plan and Implementation Strategy | San Angelo, Texas | September 2013 1 DRAFTExecutive Summary L ake Nasworthy is a unique recreation destination for visitors and locals alike that is currently widely used yet also holds potential for further enhancement and investment. Lake Nasworthy is not just a regional recreational lake. It is also a series of neighborhoods. The complexity of its history and ownerships, including various public holdings, ground leases and private owners, necessitates that it be linked through a common vision and strategy. This action plan is a comprehensive summary of the work done on behalf of the City of San Angelo to identify issues and opportunities for a Lake Nasworthy redevelopment strategy. This initiative was driven by input from stakeholders to create a market based plan to promote context sensitive development and preservation at the lake and its surrounding areas. The vision and strategy reflected in this action plan reflects the intersection of a market study to understand the true potential of the lake and its surrounding context as well as the insight of scores of stakeholders representing public institutions, neighborhoods, business owners, recreation advocates, city leaders and other key opinion leaders. What emerged early in the process is that Lake Nasworthy represents an amazing quilt of unique physical areas and multiple organized activities, many of which have already claimed regional and national recognition. This fact is important as this action plan reflects a means to continue the momentum of the lake rather than an effort to impose a contrived concept that ignores the authentic character of the lake and its community. This action plan provides a substantial amount of technical analysis. That analysis is provided, however, to establish the capacityforimplementingitsfindingsandrecommendations. Those recommendations of fundamentally founded in series of identified character zones that emerged during the planning process from existing and likely geographically based activities. Those character zones include: • Action Sports • Harbor Village • Nature/Education • Special Opportunity • Community Activity In the process of studying the lake and engaging the public, these general clusters of activity types emerged around the lake. The consultant team studied the lake based on these five distinct character zones. These areas provide structure and logic to the action plan for Lake Nasworthy. The location of the character zones and their current and anticipated activity are explained in detail in this action plan. Each character zone includes a unique focus but together they create the vibrancy that makes Lake Nasworthy an admired local amenity and regional draw. The popularity of Gun Club Hill Road as a walking and jogging destination is a good metaphor for the latent demand for more structured facilities for activity around that lake. There is more demand for a safe walking and jogging destination near the lake than the street can safely accommodate. Proposed expansion of activity around the lake is supported by market trends, increased activity due to the oil and gas industry, and potential increased regional and national tourism as is being supported by the San Angelo Convention and Visitors Bureau. The City Council and San Angelo Planning staff has sought an outcomes focused strategy. The desired outcome of this initiative is to encourage the activity and development to ensure the long term viability of Lake Nasworthy as a recreation destination in west Texas. This outcome is achieved by identifying existing tourism and recreation activities and enhancing those offerings thereby creating economic development opportunities. This enhancement is outlined as a comprehensive policy and approach that will encourage the type of development the community has deemed appropriate. This includes potential ‘catalytic projects’—or appropriate development in key locations— that will provide a necessary influx of economic activity yet still fit within the context of what already exists at the lake in order to create sustained investment momentum. Fundamentally, the resulting master plan and implementing recommendations are supported by extensive public outreach and a market study that reinforces the amazing quiltthatmakesupthelaketodayanditspotentialtomorrow. ■■■
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  • 283. Lake Nasworthy Master Plan and Implementation Strategy | San Angelo, Texas | September 2013 3 DRAFTPublic Participation Recreational Activity Popularity or Preference Input and Outreach Process To reconcile the many uses and diverse interests that surround Lake Nasworthy, extensive community outreach and input was undertaken. Lake Nasworthy poses itself as a unique opportunity area, not only as a water source in West Texas, but also for its percentage of city owned land. The Lake Nasworthy Trust Fund, created by the city, cannot be utilized withoutcitizenapproval.Therestrictionofcitizenapprovalhas made community feedback an integral piece of this project. In order to fully understand the residents’ perspective regarding Lake Nasworthy, stakeholder interviews were conducted to assist in framing the action plan’s focus. The consultant team learned from stakeholders how important Lake Nasworthy is not only to those who live on the lake, but also to the larger community. City staff assisted the consultant team in compiling a list of stakeholders that consisted of a diverse group of recreational users, homeowners, politicians, and business owners. Over 40 stakeholders were contacted and interviewed through a series of small group meetings. After the initial round of interviews, the consultant team worked with city staff to follow up with outreach to all lake residents via post card mailing. During the subsequent small group meetings, 20 additional stakeholders were engaged for feedback. The consultant team used a coding system to translate the notes and feedback into data to create measurable results. Stakeholders Involved There are a variety of stakeholders surrounding the lake representing numerous interests and users from San Angelo and beyond. The discussions focused on current and future demand, ecological concerns and economic development opportunities. This input provides the basis for the proposed amendments to the San Angelo Comprehensive plan and an implementation strategy to achieve this action plan. Summary of Stakeholder Input Over the course of public outreach, it was a surprise to learn about the vast amount of activities that take place in and around the lake (see Figure 1). Activities were broken down into non-motorized upland activities and motorized and non- motorized water sports. The information from this figure is based on stakeholder input from actual participants in each of the activities, or from those who mentioned the popularity surrounding the activity. Once the initial input was obtained from stakeholders, areas of the lake were identified deserving greater attention. This process generated the five character zones. Ultimately,
  • 284. 4 DRAFT Public Input: Lake Challenges and Assets Public Input: Lake Development and Improvements Public Input: Lake Access and Mobility
  • 285. Lake Nasworthy Master Plan and Implementation Strategy | San Angelo, Texas | September 2013 5 DRAFTPublic Participation the selected catalytic projects reflected in this action plan emerged from the insight gathered from the stakeholders. Throughout the process of gathering feedback, a variety of ideas were noted. Figures 2-4 display the ranges in feedback and the diversity in information collected. Figure 2 demonstrates the challenges and assets surrounding LakeNasworthy.Thedensityoftickmarksindicatescomments about that particular issue. Uncertainty of water levels was mentioned by almost everyone. The end of the spectrum represents the amount of activity on the lake as an asset. Figure 3 was created based on stakeholders input on potential development and lake improvements. These developments and improvements are demonstrated on a scale between public and private. The topic mentioned the most was restroom improvements. Stakeholders mentioned most of the public facilities surrounding Lake Nasworthy needed updates and improvement. The stakeholder meetings yielded the need for greater access to current areas being used. Figure 4 was created to give more depthtothistopic.Thefiguredepictsaspectrumoflow-impact and high-impact means of mobility. For example, stakeholders discussed creating better access around the lake by way of a comprehensive trail system. Gun Club Hill is the second area of highest concern for the citizens; this area has become quite popular as a walking loop trail. The popularity surrounding the use of this area is an issue that was heavily considered when creating potential design concepts. An integrated trail network was also an issue frequently mentioned that resulted in design considerations in the proposed master plan. Stakeholder Meeting Map Notes
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  • 287. Lake Nasworthy Master Plan and Implementation Strategy | San Angelo, Texas | September 2013 7 DRAFTAssessment of Conditions I n order to create an action plan that is realistic and realizable, the consultant team delved into the myriad of details and data that make up the complexity of the lake and its surroundings. Map of Study Area and Description The Lake Nasworthy study area is located in the far southwestern quadrant of San Angelo near the San Angelo Regional Airport, Goodfellow Air Force Base, Twin Buttes Reservoir and Bentwood Country Club. The Lake is bisected by Knickerbocker Road and State Highway 306 is approximately one mile to the Northeast. From the lake’s downstream edge, the Concho River flows southeast through downtown San Angelo. Natural Structures Lake Nasworthy was created in 1930 when Nasworthy Dam was constructed to store the waters of the Spring Creek and South and Middle Concho Rivers to provide drinking water for the City of San Angelo and surrounding areas. The Lake is full at 1,879 feet above sea level and is 29 feet deep at its deepest point with a surface area of 1,380 acres. In most conditions Lake Nasworthy is near constant level due to overflow from Twin Buttes Reservoir. Due to persistent drought, however, that flow is becoming increasingly unreliable. ThestudyareaoffersawidevarietyofWestTexaslandscapes. The unique feature of a large body of water in an arid climate provides for an interesting physical environment that contributes to the natural beauty and a draw for recreation. The lake is unique in the history and makeup of the land ownership surrounding the Lake. The lake is accessed from several public boat ramps and public parks. Major Existing Uses/Users Lake Nasworthy is surrounded by an eclectic mix of large Lake Nasworthy Study Area Map
  • 288. 8 DRAFT institutional users and single family homes. The Bureau of Land Management Twin Buttes Reservoir, the Air Force San Angelo Regional Airport, Goodfellow Air Force Base, and Angelo State University are large users near the lake. The large users create aninterestingcombinationofusesandrepresentanopportunity for synergy rather than ad hoc interests. Lake Nasworthy is surrounded by several institutional land owners who are sizable stakeholders as well as numerous land owners and leaseholders of single family homes. When the lake was created much of the surrounding land was retained by the Bureau of Land Management and later turned over to the city. The City then subdivided the land into parcels that were leased to home owners. Later the decision was made to sell the lots rather than lease them as the lease terms came up for renewal. The money raised from the sale of the land is put into a trust that is specifically dedicated for use on lake improvements and management. The history of this land lease/sale arrangement has lead to the unique ownership pattern and management situation that is currently in place. Over time most of the land has become owner occupied. Relation to Prior Studies Comprehensive Plan The latest update to the San Angelo Comprehensive Plan, adopted in 2009, provides a vision for the city through a series of sub-districts that are targeted for redevelopment. Each one of these sub-districts focuses on an area with a unique development context. Together the sub-districts help achieve the City mission to maintain the “small-town character and community spirit, and take advantage of ample social, cultural and recreational opportunities.” A parallel deliverable to this report on Lake Nasworthy is creation of a sub-district to update to the 2009 comprehensive plan. The updated Lake Nasworthy sub-district chapter will act as a tool to implement the vision and concepts described later in this action plan. Parks, Recreation & Open Space Master Plan The San Angelo Parks, Recreation & Open Space Master Plan adopted in 2012 is a valuable companion to this report in its attention to the condition and recommendation of public spaces surrounding Lake Nasworthy. Map Depicting Major Users Around Lake - TO BE REPLACED [INSERT USER MAP]
  • 289. Lake Nasworthy Master Plan and Implementation Strategy | San Angelo, Texas | September 2013 9 DRAFTAssessment of Conditions The goal of the parks master plan was to assess park and recreation facilities throughout the city and to establish planning guidelines for parks over the next decade. That plan contains a through inventory of parks and recreation facilities and details on their programming, marking, reservation systemsandfees.Thereisalsovaluabledataontherecreation habits of the San Angelo population. That plan recommends creating multi modal linkages between and through parks, a theme that is found in this report as well as the San Angelo Comprehensive Plan. This can be accomplished through linear parks, trails and paths as explained later in this document. That plan includes a particular focus on the Lake Nasworthy parks – as they are a tremendous asset to resident and visitors. The main Lake Nasworthy Parks are: Knickerbocker Park, Mary E. Lee Park, Middle Concho Park, Spring Creek Park, and South Concho Park. The Park Master Plan contains details on what are some current issues in the parks and some suggested improvements. The detailed plans include existing and potential trail connections. Those trails were integrated in to the trail plan delineated later in this action plan. Resource Management and Environment Issues Lake Nasworthy is a heavily used manmade lake and, therefore,thereareresourcemanagementandenvironmental issues likely to be encountered as the city moves forward to improve and enhance the lake and surrounding lands. The exact issues will depend on the specific improvements undertaken; however, based on public comments, three potentially significant issue areas have been identified: (a) lake dredging, (b) shoreline erosion/storm water management and (c) lake water-level management. Lake Dredging During the stakeholder input process, the public expressed considerable concern about the increasingly shallow water depths in Lake Nasworthy and many suggested the city take actiontodredgeanddeepenthelake. Dredgingpracticesare subject to extensive federal and state regulatory oversight. In 2002, the city completed a two-year dredging project to remove 3.8 million cubic yards of sediment from the lake, increasing the lake’s capacity by about 2,500 acre-feet or some 800 million gallons. This project cost approximately $10 million and was funded with revenues from the 1999 section Type 4B one-half cent sales tax. Similar dredging actions are likely to be necessary to maintain water depths and lake capacity in the future, notwithstanding a lack of identified funding sources for those activities. A focus on erosion control below can provide some opportunity to offset the costly need for dredging. Details on the regulatory implications of lake maintenance are included in the implementation section of this report. Shoreline Erosion and Storm Water Management As the city considers potential improvements along Lake Nasworthy, it is necessary to carefully consider and account for the potential for increased shoreline erosion and storm water runoff. Erosion is a critical concern because not only does it cause land loss to upland owners – a significant issue in itself – but also it adds to the sediment load in the lake, decreasing water depths and increasing water turbidity. Shoreline erosion is a natural process that can be exacerbated by human activities. Along Lake Nasworthy, shoreline erosion is likely attributable to wind-driven and boat wake waves impacting unprotected or exposed shoreline sediments, storm water runoff, and periodic fluctuations of lake levels that inundate near shore areas and remove shoreline sediments as lake levels drop. Clearing natural vegetation and constructing impervious surfaces along the lake shoreline can also exacerbate erosion, runoff and lake sedimentation. Vegetation removal is typically undertaken to create recreational space, increase areas available for development, or expand or enhance lake views. If poorly planned, this practice can destabilize shorelines and sediments, increasing erosion and lake sedimentation. Construction of impervious structures such as driveways, parking areas, and buildings along the lake can also be detrimental. Impervious surfaces increase the velocity and energy of storm water runoff, causing shoreline retreat, lake sedimentation, and adversely impact water quality. Accordingly, as additional development occurs, including particular projects proposed in this action plan, a comprehensive erosion control plan should be developed. In general, shoreline erosion response practices fall into two broad categories: (1) non-structural methods, and (2) structural or shoreline armoring methods. Non-structural erosion stabilization options typically rely on installation or maintenance of natural vegetation. Healthy shoreline vegetation provides effective resistance against light to moderate wave action. Plant stalks break up wave energy and roots stabilize shoreline soils, reducing erosion and mass sediment movement. Shoreline vegetation also
  • 290. 10 DRAFT slows surface water runoff, assisting in water absorption, reducing erosion and lake sedimentation. Healthy shoreline plant communities also enhance scenic views and provide fish and wildlife habitat. Replanting or expanding shoreline vegetation is often the simplest and most cost effective solutions where erosion forces are low to moderate. Well-designed shoreline armoring structures such as bulkheads, riprap, and revetments are generally very effective in reducing or preventing shoreline erosion. However, many such methods are expensive and can have detrimental environmental consequences, including increase erosion rates on adjoining properties that are not armored. Unlike vegetation which absorbs and dissipates wave energy, hard structures reflect and refract wave energy and can cause extensive scour. Structural failure can occur if bulkheads are repeatedly overtopped and tieback systems can fail. Sloped rock revetments are generally preferable to vertical bulkheads, as they tend to dissipate or absorb wave energy, rather than redirect it to adjoining lots. As development along Lake Nasworthy expands, the city may face greater public demand for shoreline armoring solutions. Care must be taken as expanded use of armoring reduces natural shoreline conditions and can detrimentally impact aquatic habitat and water quality. Recently,manylakecommunitiesarebeginningtoexperiment with what are called “biotechnical methods” of shoreline stabilization. This approach seeks to combine structural and non-structural methods, incorporating, for example, gabion structures and installation of shoreline plant materials or detached log breakwaters. By reducing the severity of wave energy or attack on the shoreline, this method seeks to create conditions where shoreline vegetation can be established and function to reduce shoreline retreat or loss. By incorporating structural elements, this method can expand the use of “soft” or non-structural elements in areas of high wave energy or severe erosion, minimizing environmental impacts and providing stability within the system. A biotechnical approach is suitable for a wide- range of erosion conditions and commonly used to prevent surface erosion and shallow mass-movement of soil. As the city considers future shoreline and storm water management actions, the potential negative impacts of shoreline armoring on fisheries, water quality and other environmental values should be carefully weighed. As with potential dredging actions, the complexity, cost and importance of shoreline and storm water management practices should be carefully evaluated through a detailed technical feasibility and engineering analysis before actions are proposed or authorization for the actions is sought. Water Level Management During the stakeholder and public input processes, concern was expressed regarding the current drought conditions in west Texas and whether water levels in Lake Nasworthy could be maintained over the long run. Commenter’s noted that plans to enhance or expand lakeside amenities and development effectively assume that lake water levels can be maintained at a reasonably consistent level over time. Public concern regarding lake levels is not unwarranted. According to the Texas Water Development Board, presently all three reservoirs in the San Angelo area are at extremely low levels: O.C. Fisher Reservoir – 0.8% capacity, O.H. Ivie – 17.3% capacity, and Twin Buttes – less than 3% capacity, with some reports showing 0% capacity. Lake Nasworthy captures stream-flow from the Middle Concho River immediately downstream of Twin Buttes Reservoir. The South and Middle Concho rivers flow into Twin Buttes, then into Lake Nasworthy, which is intended to be maintained at a constant level using managed flows from Twin Buttes. However, due to declining water levels in Twin Buttes, natural flow from the reservoir to Lake Nasworthy has all but stopped at the present time, forcing the city to pump water to reduce losses and sustain lake levels. Currently, Twin Buttes contains approximately 5,324 acre-feet of water or about 3 percent of its capacity. Lake Nasworthy presently stores about 7,774 acre-feet, or about 76 percent of its capacity. By pumping water from the south to the north pool of the Twin Buttes Reservoir, the city seeks to reduce the surface area of Twin Buttes and conserve drinking water by limiting evaporation. The water transfer has also helped maintain water levels in Lake Nasworthy. In recent years, historic drought conditions and increased water demand to serve municipal, agricultural, and oil and gas development needs have combined to stress water resources in west Texas. There is little question that in the near-term, maintaining adequate water resources will continue to be a significant challenge in west Texas and a high priority for the city, its water department, and the residents and visitors who enjoy Lake Nasworthy.
  • 291. Lake Nasworthy Master Plan and Implementation Strategy | San Angelo, Texas | September 2013 11 DRAFTMarket Analysis Demographic Indicator Projections by Market Segment L ake Nasworthy is a unique location in a changing area. The lake itself attracts increasing demand as one of the few recreational lakes in the region. In addition, the growth in the larger market due to the impact from shale energy extraction creates development pressures that could be harnessed to the benefit of the long term investment needs of Nasworthy. It is in this context that a market study was undertaken. With a special focus on natural resource and recreation uses, an initial market study was undertaken. After substantial stakeholder input and planning, a refined and focused study was then executed. The market analysis shows a strong demand for a variety of activities associated with the lake and long term development around the lake related directly and indirectly to those activities. The analysis below establishes the demographic and market factors. The market demand is then presented in the context of the character zones in the following section. It is important to note that the often challenging ability to secure and maintain hotels and restaurants at recreational lakes could be obviated by the strong general demand for hotels in the region. One of the catalytic projects described below includes the potential for a mixed use hotel or two at the lake. Market Area Demographics The following market analysis uses demographics and statistics from a Primary Market (Core Market) that represents the local “everyday” market and includes the City of San Angelo and the Secondary Market that represents the visitor market and includes Odessa-Midland and Abilene-Sweetwater. The following analysis draws from the Arc View application of ESRI’s Business Analyst®. This national model generates data by linking information such as demographics with specific locations or areas. The data is updated continually using benchmarks in the model that the software maker tracks and allocates geographically. The market study also used available data from the City of San Angelo. Primary Market (City of San Angelo) Between 2010 and 2012 the total population in the primary market area grew by 2 percent. This trend is projected to continue, with an estimated population of more than
  • 292. 12 DRAFT Demographic Overview Primary Market Population by Age Group in Percent Primary Market
  • 293. Lake Nasworthy Master Plan and Implementation Strategy | San Angelo, Texas | September 2013 13 DRAFT 100,000 by 2017; this translates into a projected growth of roughly 5 percent between 2012 and 2017. The number of households (36,000 in 2010) is projected to follow the same trend with a projected growth of 6 percent between 2012 and 2017 to an estimated 39,000 households in 2017. The following figure summarizes basic demographics for the primary market area. The number of families in the market area is projected to grow by seven percent between 2012 and 2017. The share of family households of all households increases to 63% which is against the overall national trend of a growing number of single-person or non-family (single person) households. Age Distribution Overthenextfiveyears,theagedistributionofthepopulation is projected to remain almost the same as in 2010 with a slight increase in the age groups 65 years and older and a slight decrease in the age groups 24 and younger and 25 to 64 years of age. This finding reflects the ongoing national trend toward an overall older population however less pronounced. Figure 10 shows the population by age group in percent of the total population. Figure 11 summarizes the population into only three age groups and showing the change in distribution in percentage between 2010 and 2017. Household and Per Capita Income Figures 12 and 13 highlight income trends for the primary market area. Household Distribution by Income Group The share of households earning under $50,000 is projected to decrease by nine percent between 2012 and 2017 to 52 percent of all households, while the share of households Population - Aging Trend Primary Market Income Overview Primary Market Market Analysis
  • 294. 14 DRAFT Distribution by Income Groups Primary Market 2012 Household Income 2012 Recreational Spending Potential Primary Market
  • 295. Lake Nasworthy Master Plan and Implementation Strategy | San Angelo, Texas | September 2013 15 DRAFTMarket Analysis earning between $50,000 and $100,000 and the households earning more than $100,000 are projected to increase to a share 35 and 12 percent respectively over the same time period. These numbers do not account for inflation and do not reflect disposable household income. In 2012, the average household income in the primary market area is estimated to be $50,960, the, median household income is $37,088, and the per capita income is $21,372. Median disposable household income in 2012 was estimated at $32,680. The estimated figures for 2017 show an average income of $56,950 (+10.5 percent), a median income of $46,130 (+19.6 percent), and a per capita income of $23,877 (+10.5 percent). Recreational Spending Potential Figure 15 shows the 2012 annual recreation expenditure potential in the primary market area for categories related to potential recreational uses at Lake Nasworthy. Figure 16 puts the spending categories in Figure 15 in a national perspective. It shows the Spending Potential Index (SPI) and represents the amount spent for a product or service relative to a national average of 100. Spending in all categories is below the national average which indicates a lack of opportunities in the market area. Spending Potential Index (SPI)
  • 296. 16 DRAFT
  • 297. Lake Nasworthy Master Plan and Implementation Strategy | San Angelo, Texas | September 2013 17 DRAFTMarket Analysis Secondary Market - (Odessa-Midland, Abilene-Sweetwater) Between 2010 and 2012 the total population in the visitor market area grew by 2.4 percent. This trend is projected to continue, with an estimated population of more than 780,000 by 2017; this translates into a projected growth of roughly 5 percent between 2012 and 2017. The number of households (725,000 in 2010) is projected to follow the same trend with a projected growth of 5 percent between 2012 and 2017 to an estimated 286,000 households in 2017. The following figure summarizes basic demographics for the visitor market area. The number of families in the market area is projected to grow by 6 percent between 2012 and 2017. The share of family households of all households increases to 68% which is against the overall national trend of a growing number of single-person or non-family (single person) households. Demographic Overview Secondary Market Population by Age Group in Percent Secondary Market
  • 298. 18 DRAFT Aging Trend Secondary Market Income Overview Secondary Market Income - Distribution by Income Groups Secondary Market
  • 299. Lake Nasworthy Master Plan and Implementation Strategy | San Angelo, Texas | September 2013 19 DRAFTMarket Analysis Age Distribution Overthenextfiveyears,theagedistributionofthepopulation is projected to remain almost the same as in 2010 with a slight increase in the age groups 65 years and older and a slight decrease in the age groups 24 and younger and 25 to 64 years of age. This finding reflects the ongoing national trend toward an overall older population however less pronounced. Figure 19 shows the population by age group in percent of the total population. Figure 20 summarizes the population into only three age groups and showing the change in distribution in percentage between 2010 and 2017. Household and Per Capita Income Figures 21 and 22 highlight income trends for the visitor market area. Household Distribution by Income Group The share of households earning under $50,000 is projected to decrease by roughly 8 percent between 2012 and 2017 to 52 percent of all households, while the share of households earning between $50,000 and $100,000 and the households earning more than $100,000 are projected to increase to a share 33 and 14 percent respectively over the same time period. These numbers do not account for inflation and do not reflect disposable household income. In 2012, the average household income in the visitor market area is estimated to be $55,636, the, median household income is $39,208, and the per capita income is $21,512. Median disposable household income in 2012 was estimated at $34,521. The estimated figures for 2017 show an average income of $62,404 (+10.8 percent), a median income of $47,021 (+16.6 percent), and a per capita income of $24,051 (+10.6 percent). Recreational Spending Potential Figure 24 shows the 2012 annual recreation expenditure potential in the visitor market area for categories related to potential recreational uses at Lake Nasworthy. Household Income in Secondary Market
  • 300. 20 DRAFT 2012 Recreational Spending Potential Secondary Market Figure 25 puts the spending categories in Figure 24 in a national perspective. It shows the Spending Potential Index (SPI) and represents the amount spent for a product or service relative to a national average of 100. As seen in the primary market, spending in all categories is below the national average which indicates a lack of opportunities in the market area. Demand Potential by Sports Participation The National Sporting Goods Association (NSGA) and the Sports & Fitness In