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August 6, 2013 Agenda Packet
 

August 6, 2013 Agenda Packet

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    August 6, 2013 Agenda Packet August 6, 2013 Agenda Packet Presentation Transcript

    • City Council Agenda Page 1 of 7 August 6, 2013 NOTICE OF A PUBLIC MEETING Including Addendum AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, August 6, 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 210, 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. Proclamations “Back to School Bash – No Drop out Zone”, Saturday, August 17, 2013, to be accepted by Pastor Ricardo Cortijo “United Way, Day of Prayer”, Sunday, August 11, 2013, to be accepted by Most Rev. Michael D. Pfeifer, OMI, Bishop of San Angelo and Diocese of San Angelo “United Way of the Concho Valley's Children's Day”, Saturday, August 10, 2013, to be accepted by Patti Breitreiter, President & CEO and Donna Brosh, Campaign Director D. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment. II. CONSENT AGENDA 1. Consideration of approving the July 16, 2013 City Council Regular meeting minutes 2. Consideration of awarding bid(s) and authorizing the City Manager to execute any necessary related documents: a. ES 03 13: 2013 Sealcoat Project, Brannan Paving Co., Ltd. (Victoria, TX), $1,710,000.00 (submitted by Interim City Engineer Tim Wolff)
    • City Council Agenda Page 2 of 7 August 6, 2013 b. WU-09-13: 2013 Belt Filter Press Replacement Project, Alfa Laval Ashbrook Simon-Hartley, Inc. (Houston, TX), $909,239.00 (submitted by Water Utilities Director Ricky Dickson) 3. Consideration of authorizing the City of San Angelo to enter into an interlocal agreement with the Tom Green County Sheriff’s Office for the purpose of jointly applying for the Edward Byrne Memorial Justice Assistance Grant and authorization for the City Manager to execute any necessary related documents (submitted by Police Chief Tim Vasquez) 4. Consideration of adopting a Resolution affirming the City of San Angelo’s cooperation with the Steering Committee of Cities served by AEP TNC to review AEP Texas North Company’s requested approval of an adjustment to its Energy Efficiency Cost Recovery Factor, hiring legal and consulting services to negotiate with the Company and direct any necessary litigation and appeals, finding that the meeting at which this Resolution passed is open to the public as required by law; requiring notice of this Resolution to legal counsel (submitted by City Attorney Lysia H. Bowling) 5. Consideration of adopting a Resolution of the City Council for the City of San Angelo authorizing the City Manager to enter into a contract on behalf of the City with Todd Houston Williams for the purchase of certain real property, being nine acres more or less, located south of 29th Street and on the Concho River, within the corporate limits of the City of San Angelo, Tom Green County, Texas, allocating closing and related costs, and authorizing the City Manager to execute such related documents as may be necessary or convenient to complete the purchase for a total price, including costs, not to exceed $50,000.00 (Submitted by Assistant City Manager Rick Weise) 6. 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 Senior Planner Jeff Hintz) Z13-20: David Jenson 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: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and Nebraska Avenue. This property specifically occupies the Capitol Heights Addition, Section 5, Block 6, Lot 42 and Block 11, Lot 1 and Lot 26, in southwest San Angelo, changing the zoning classification from Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-Family Residential (RS- 1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 7. 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 13-21: Clark Wilson 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: 3704, 3712, & 3720 North Chadbourne Street, located directly southeast of the intersection of North Chadbourne Street, West 38th Street, and Coliseum Drive, and 175 feet northeast of the intersection at North Chadbourne Street and East 37th Street; more specifically occupying approximately 2 acres out of the Mather Addition No. 2; portions of Blocks 11 & 12 including the North 79.45 feet of south 229.45 feet of the west part of Blocks 11 & 12; the north 70.8 feet of South 300.25 feet of the west part of Blocks 11 & 12 and the south 170 feet of north 303 feet of west 318.83 feet of Blocks 11 & 12 in northwest San Angelo, changing the zoning
    • City Council Agenda Page 3 of 7 August 6, 2013 classification from a General Commercial/Heavy Commercial (CG/CH) &Single-Family Residential (RS-1) to a General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 8. Second Hearing and consideration of adopting an Ordinance annexing approximately 24.484 acres situated immediately west/southwest of San Angelo and encompassing a vacant 24.484 acre 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 proposed Prestonwood Addition, Section Two (submitted by Interim Director of Development Services AJ Fawver) 9. Second Hearing and consideration of adopting an Ordinance amending the Water Conservation and Drought Contingency Plan (submitted by Water Utilities Director Ricky Dickson) AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 11, ARTICLE 11.200 “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY AMENDING SUBPART (d) ENTITLED “WATER SUPPLY STAGE-DROUGHT LEVEL I”, OF SECTION 11.203 “DROUGHT STAGES AND WATER MANAGEMENT MEASURES” TO LIMIT WATERING OF LAWNS, GARDENS, LANDSCAPE AREAS, TREES, SHRUBS, GOLF COURSES (EXCEPT GREENS) OR OTHER PLANTS BEING GROWN OUTDOORS TO ONCE EVERY SEVEN DAYS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE III. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open: • Section 551.071 to consult with attorney on pending or contemplated litigation; or a settlement offer regarding Property Damage Claim #G012154 • Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding ground water supply options for the city, including V.V. groundwater, Business and Industrial Park property, and Lake Nasworthy property • Section 551.074(a)(1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager G. PUBLIC HEARING AND COMMENT 10. Presentation on the Friends of Fairmount Master Plan and consideration of the approval of any matters related thereto (Presentation by Friends of Fairmount Board Members and Parks and Recreation Director Carl White) 11. Consideration of awarding bid ES 03-13 for the 2013 Sealcoat Project to Brannan Paving Co., Ltd. (Victoria, TX), in the amount of $1,710,000.00 and authorizing the City Manager to execute a contract and any related documents, in substantially the attached form, between the City of San Angelo and Brannan Paving Co., Ltd. (Presentation by Interim City Engineer Tim Wolff) 12. Discussion of residential water consumption on number of accounts using more than 50,000 gallons a month (Requested by Councilmember Silvas and presentation by Water Utilities Director Ricky Dickson) 13. Discussion and possible action on awarding bid WU-06-13 for the 2013 Water Line Improvements Contract No. 1 to one of the following companies based on bids received from Darnell Construction, LLC (San Angelo, TX) in the amount of $1,964,955.69, Housley Communications, Inc. (San Angelo,
    • City Council Agenda Page 4 of 7 August 6, 2013 TX) in the amount of $1,399,276.40, and QRO MEX Construction Company, Inc. (Granite Shoals, TX) in the amount of $1,344,648.00; and authorizing the City Manager to execute said contract, in substantially the attached form, and any related documents (Presentation by Water Utilities Director Ricky Dickson) 14. Discussion and possible action, including, but not limited to, awarding Bid WU-08-13 Hickory Well Field Expansion - Package #1 to Alsay Incorporated (Houston, TX) for the construction of 5, 6, or 7 wells (bid amounts ranging from $6,423,730.00 for 5 wells to $8,729,000.00 for 7 wells), authorizing staff to negotiate a contract, in substantially the attached form, and authorizing the City Manager to execute said contract and any related documents (Presentation by Water Utilities Director Ricky Dickson) 15. Discussion and possible action on the location of the groundwater treatment facility for the Hickory Water Supply Project (Requested by Councilmember Farmer) 16. Consideration of approving an 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 (Presentation by Interim Senior Planner Jeff Hintz) 17. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z13-23: Earl and Michelle Weber 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: 3862 Tractor Trail, located at the northwest corner of the intersection of Tractor Trail and Porter Henderson Drive. This property specifically occupies the Paul Gregory Addition, Section 2, 5.33 acres of Tract J & 0.310 acres in Smith Boulevard, in northeast San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Light Manufacturing District (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Senior Planner Jeff Hintz) 18. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-22: M&H Mueller 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: 3172 McGill Boulevard & 3733 North US Highway 67, collectively occupying both a 5.131 acre tract and a 55.1830 acre tract located west of North US Highway 67, north of Paulann Boulevard and east of Smith Boulevard; more specifically occupying 5.131 acres of the J. Pointevent Survey 1113, Abstract 4873, and 55.1830 acres of the J. Fenner Survey 0001, Abstract 4985, in northeast San Angelo, changing the zoning classification from a
    • City Council Agenda Page 5 of 7 August 6, 2013 General Commercial (CG) to a Light Manufacturing (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Senior Planner Jeff Hintz) 19. Consideration of authorizing a request for temporary placement of a mobile home, not to exceed one year, during construction of a permanent home on the same 2 acre site. 4609 Armstrong Street, located approximately 170 feet south of the intersection of Armstrong Street and East 47th Street; more specifically occupying the Carrigan Addition, Tract 2 being 2 acres, in northern San Angelo (Presentation by Interim Director of Development Services AJ Fawver) 20. Consideration and possible action regarding a revision to the City of San Angelo Development Corporation Guidelines for Job Creation Assistance regarding Eligibility of Applicants (Requested by Mayor Morrison and presentation by Interim Economic Development Director Bob Schneeman) 21. Consideration of approving a recommendation by the City of San Angelo Development Corporation (COSADC) authorizing an increase in the estimated construction cost to $512,900.00 from $350,000.00 as originally approved by Council at their regular meeting of June 27, 2012, resulting from an increase based on the estimate for the actual design drawings and a wider proposed street cross section on the Paulann Blvd. portion of the project (Presentation by Interim Economic Development Director Bob Schneeman) 22. Consideration of approving a recommendation by the City of San Angelo Development Corporation (COSADC) authorizing the advertisement for a request for bids (RFB) for the extension of Smith Blvd from the north boundary of Howard College to the intersection of Smith Blvd and the extension of Paulann Blvd at a width of 26 feet and the extension of Paulann Blvd from its intersection with Smith Blvd to its intersection with Highway 67 at a width of 64 feet, the cost as estimated by the City’s Engineering Division being $512,870.00, to be funded using half cent sales tax proceeds, and any other action in connection thereto (Presentation by Interim Economic Development Director Bob Schneeman) 23. Update and discussion of TxDOT maintenance activities along all Texas Department of Transportation (TxDOT) right-of-ways within the city limits and options for supplementing their maintenance operations (Requested by Silvas and presentation by Operations Director Shane Kelton) 24. Consideration of adopting a Resolution authorizing, pursuant to March 2009 GASB issued statement No. 54, the commitment of funds in the amount of $375,218.62 from the FY 2012-2013 General Fund fund balance for the purchase of fourteen (14) fleet patrol vehicles in August of 2013; said commitment of funds in the amount $375,218.62 to be reimbursed to the General Fund Balance on or about October 1, 2013 from the FY 2013-2014 Equipment Replacement Funds; and approving the purchase of said fourteen (14) fleet patrol vehicles under VM-08-13; and authorizing the City Manager to execute all documents necessary and related to the purchase (Presentation by Operations Director Shane Kelton) 25. Discussion regarding a recommendation to the City’s Planning Division and the City’s Planning Commission regarding future action on pending and future requests for zone changes or special use permits pertaining to: 1) Campground/recreation vehicle parks, and 2) manufactured housing parks, and any action in connection thereto (Requested by Councilmember Fleming) 26. Discussion and possible action on prohibiting fireworks at Twin Buttes Reservoir (Requested by Councilmember Fleming)
    • City Council Agenda Page 6 of 7 August 6, 2013 27. Discussion and possible action on matters related to the Fiscal Year 2013-2014 Budget Preparation including, but not limited to: a. Priorities, goals, and all City funds b. Consideration of a record vote to propose a property tax rate for fiscal year 2013-2014 (Presentation by Budget Manager Morgan Chegwidden) 28. Discussion and possible action regarding excess Hotel Occupancy Tax receipts (Presentation by Finance Director Tina Bunnell) 29. First public hearing and consideration of introducing an Ordinance amending the 2012-2013 Budget for new projects and incomplete projects 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 (Presentation by Budget Analyst Laura Brooks) 30. Discussion and possible action regarding the renewal of the agreement for Waste Collection and Disposal and Landfill Lease and Operation between the City of San Angelo and Republic Waste Services of Texas (Requested by Councilmember Farmer) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 31. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed 32. Presentation by V.V. Groundwater Group and any action in connection thereto 33. Consideration of approving various Board nominations by Council and designated Councilmembers: a. Animal Shelter: Sara Bennett (SMD4) to a 1st full term January 2015 b. Construction Board of Adjustments/Appeals: Lyle Trask (SMD1) to a 1st full term February 2015, Roger Julien (SMD2) to a 1st full term January 2015, and Christopher Giroux (SMD4) to a 1st full term January 2015 c. Design and Historic Review Commission: Eric Eggemeyer (SMD1) to an unexpired term September 2013 d. Development Corporation: Daniel Anderson (Mayor) to an unexpired term February 2015 e. Ft. Concho Museum Board: Harry Thomas (SMD4) to a 2nd full term f. Public Art Commission: Alejandro Castanon (SMD3) to a 2nd full term April 2015 and Susan Williams (SMD5) to a 1st full term April 2015 g. Zoning Board of Adjustments: Lloyd Woodfin, Jr. (SMD4) to a 1st full term January 2015 34. Consideration of nominating and approving various At-Large members to serve on the following board/commission by City Council members: a. Construction Board of Adjustment/Appeals b. Downtown Development Commission 35. Consideration of nominating and approving City Council members to serve on the following boards and committees: a. Concho River Water Master Advisory Committee (3) b. Concho Valley Council of Governments Executive Committee (1) c. Concho Valley Transit District (1) d. Records Management Committee (1) e. Hotel/Community Housing Committee (1) 36. Discussion and possible action of conducting an evening City Council meeting once per quarter
    • City Council Agenda Page 7 of 7 August 6, 2013 37. Announcements and consideration of Future Agenda Items 38. Consideration of the September 3, 2013 City Council meeting 39. 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, August 2, 2012, at 5:00 P.M. /s/________________________ Alicia Ramirez, City Clerk
    • CITY COUNCIL MINUTE RECORD The City of San Angelo Page 393 Tuesday, July 16, 2013 Vol. 104 OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:05 A.M., Tuesday, July 16, 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, with the exception of, thus constituting a quorum. Whereupon, the following business was transacted: An invocation was given by Mayor Morrison and pledge was led by Meagan Thompson, 6 year old daughter of Steven Thompson, Computer Support Specialist for the City’s Information Technology Division. PROCLAMATION “Americans with Disabilities Act (ADA) Awareness Day”, July 25, 2013, was accepted by Mary Palos and Rosalinda Rivera with Disability Connections Resource Center. PUBLIC COMMENT Public comments were made by Kristen Stanley and Sharon Huffman concerning feral cats, and Jim Ryan concerning the hotel occupancy tax. CONSENT AGENDA APPROVAL OF THE JUNE 25, 2013 CITY COUNCIL SPECIAL MEETING MINUTES AND JULY 2, 2013 CITY COUNCIL REGULAR MEETING MINUTES APPROVAL OF NEW LAKE LOT RESIDENTIAL LEASE LOCATED AT LOT 58A, GROUP SHADY POINT, 1602 SHADY POINT CIRCLE (STEELY) AND AUTHORIZATION FOR THE MAYOR, CITY MANAGER, OR WATER UTILITIES DIRECTOR TO EXECUTE THE SAME (SUBMITTED BY RICKY DICKSON WATER UTILITIES DIRECTOR) ADOPTION OF A RESOLUTION 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 , #2013-07- ) • 329 13th Street, (Perez), Lot 2, Block 2, Pecan Place, $750, Suit No.TAX90-0083B • 105 Railroad Avenue, (Perez), Lot 9, Salvato S/D of Block 2 of Kirby S/D, $750, Suit No.B-4723-B Motion, to approve the Consent Agenda, as presented, was made by Councilmember Johnny Silvas and seconded by Councilmember Charlotte Farmer. Motion carried unanimously.
    • Page 394 Minutes Vol. 104 July 16, 2013 REGULAR AGENDA: PUBLIC HEARING AND COMMENT APPROVAL OF AN AMENDMENT TO THE VISION PLAN COMPONENT OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES LOCATED BETWEEN 43RD STREET TO THE NORTH, COLISEUM DRIVE TO THE EAST, 40TH STREET TO THE SOUTH AND GRAPE CREEK ROAD AND CHADBOURNE STREET TO THE WEST, IN NORTHWESTERN SAN ANGELO Interim Senior Planner Jeff Hintz presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Mr. Hintz provided a brief explanation of the Vision Plan. General discussion was held on staff’s recommendation to make no changes to the Vision Plan Map and the Planning Commission’s recommendation to extend the Neighborhood Center designation eastward. Motion, to take no action on this item, was made by Councilmember Self and seconded by Councilmember Wardlaw. 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 Z13-20: David Jenson 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: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and Nebraska Avenue. This property specifically occupies the Capitol Heights Addition, Section 5, Block 6, Lot 42 and Block 11, Lot 1 and Lot 26, in southwest San Angelo, changing the zoning classification from Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-Family Residential (RS-1) 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 Supplemental Record. Motion, to introduce the Ordinance, as presented, was made by Councilmember Fleming and seconded by Councilmember Self. 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 13-21: Clark Wilson 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: 3704, 3712, & 3720 North Chadbourne Street, located directly southeast of the intersection of North Chadbourne Street, West 38th Street, and Coliseum Drive, and 175 feet northeast of the intersection at North Chadbourne Street and East 37th Street; more specifically occupying approximately 2 acres out of the Mather Addition No. 2; portions of Blocks 11 & 12 including the North 79.45 feet of south 229.45 feet of the west part of Blocks 11 & 12; the north 70.8 feet of South 300.25 feet of the west part of Blocks 11 & 12 and the south 170 feet of north 303 feet of west 318.83 feet of Blocks 11 & 12 in northwest San Angelo, changing the zoning classification from a General
    • Minutes Page 395 July 16, 2013 Vol. 104 Commercial/Heavy Commercial (CG/CH) &Single-Family Residential (RS-1) to a General Commercial (CG) 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 Vardeman. Motion carried unanimously. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE ANNEXING APPROXIMATELY 24.484 ACRES SITUATED IMMEDIATELY WEST/SOUTHWEST OF SAN ANGELO AND ENCOMPASSING A VACANT 24.484 ACRE 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 PROPOSED PRESTONWOOD ADDITION, SECTION TWO 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 Self. Motion carried unanimously. ADOPTION OF A RESOLUTION RECOMMENDING TO THE TEXAS DEPARTMENT OF TRANSPORTATION THAT CONCHO VALLEY TRANSIT DISTRICT (CVTD) BE CHOSEN AS THE DIRECT RECIPIENT FOR FEDERAL FUNDS IN ACCORDANCE WITH TITLE 49, SUBTITLE III, CHAPTER 53, SECTION 5307 OF THE UNITED STATES CODE, FOR THE SAN ANGELO URBANIZED AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS REQUIRED TO EVIDENCE THE CITY’S SUPPORT OF CVTD AS THE DIRECT RECIPIENT FOR FEDERAL SECTION 5307 FUNDING; AND, PROVIDING FOR AN EFFECTIVE DATE (Page , #2013-07- ) Finance Director Tina Bunnell presented background information. Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded by Councilmember Silvas. Motion carried unanimously. PUBLIC HEARING AND APPROVAL OF THE 2013 ANNUAL ACTION PLAN FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) FUNDS AND AUTHORIZING CITY MANAGER TO EXECUTE THE APPLICATIONS, REQUIRED CERTIFICATIONS, RELATED DOCUMENTS, AND ANNUAL FUNDING AGREEMENTS FOR $739,584.00 OF CDBG FUNDS AND $245,399.00 OF HOME GRANT FUNDS Neighborhood and Family Services Director Bob Salas presented background information. Motion, to approve the 2013 Annual Action Plan, as presented, was made by Councilmember Fleming and seconded by Councilmember Farmer. Motion carried unanimously. RECESS At 10:10 A.M., Mayor Morrison called a recess. RECONVENE At 10:26 A.M., Council reconvened, and the following business was transacted: APPROVAL OF A REQUEST FOR PERMIT FOR THE TRANSPORT AND DISPOSAL OF GARBAGE,
    • Page 396 Minutes Vol. 104 July 16, 2013 TRASH, AND DEBRIS WITHIN THE SAN ANGELO CITY LIMITS AND ANY SERVICE THAT IS ALLOWED BY STATE LAW OR CITY ORDINANCE THAT DOES NOT CONFLICT WITH THE CITY’S CONTRACT WITH REPUBLIC WASTE SERVICES OF TEXAS AND THE EXCLUSIVE RIGHTS GRANTED BY THAT CONTRACT TO REPUBLIC WASTE SERVICES OF TEXAS FOR THE FOLLOWING COMPANIES AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE ANY NECESSARY RELATED DOCUMENTS: • Texas Disposal Systems, Inc. • TxAlloy, Inc. DBA Acme Iron & Metal Co. Operations Director Shane Kelton presented background information. Mr. Kelton informed two requests for permits had been submitted to utilize the City’s streets and landfill for the purpose of transport and disposal. Robert Searls with Republic Services stated the landfill could handle additional growth of waste service and informed the landfill currently has 17 year life expectancy. Councilmember Farmer recalled a one-time set aside of $450,000.00 had been made for a future landfill site. She suggested staff research the designation. She further expressed her concern on the increased amount of truck traffic on the City’s residential streets. Mr. Kelton informed, by City Ordinance, any carrier may request a permit for the use of streets and landfill as long as the criteria is met. Bob Gregory, owner of Texas Disposal Systems and TxAlloy, Inc. DBA Acme Iron & Metal Co., addressed the Council concerning his services. Mr. Gregory stated his company brings competition to the county, offers recycling services, and believes there will be less waste deposited into the landfill through their services. Motion, to deny request for permit, as presented, was made by Councilmember Farmer and seconded by Councilmember Wardlaw. AYE: Wardlaw and Farmer. NAY: Morrison, Fleming, Self, Silvas, and Vardeman,. Motion failed 2-5. Councilmember Farmer requested a short recess to discuss the item with the City Attorney. RECESS At 11:09 A.M., Mayor Morrison called a recess. RECONVENE At 11:14 A.M., Council reconvened, and the following business was transacted: Further discussion on the REQUEST FOR PERMIT FOR THE TRANSPORT AND DISPOSAL: Mayor Morrison informed Councilmember Farmer had a conflict of interest due to distant family relationship; therefore, Councilmember Farmer has recused herself from voting on matter at hand. Motion, to approve the request for permit, as presented, was made by Councilmember Vardeman and seconded by Councilmember Fleming. AYE: Morrison, Self, Fleming, and Vardeman. NAY: Silvas and Wardlaw. Motion carried 4-2. PRESENTATION ON THE NORTH CONCHO RIVER AND TRAILS IMPROVEMENT PROJECT Parks and Recreation Director Carl White presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Mr. White stated staff is seeking direction in regards to the remaining funding of the project and informed the project is 92% complete. He noted $905,490.00 remains including the $500,000.00 contingency per Council’s request. Mr. White informed $48,000.00 will be used to purchase property, $50,000.00 will be used for additional tree work, if needed, and leaving $307,490.00 project balance. Mr. White noted staff is researching future projects outside of the current project, e.g. to secure loose river rock by art work, additional wayfinding
    • Minutes Page 397 July 16, 2013 Vol. 104 signage, additional games, food court concessions, restoration of putt-putt area, install turn-around parking by Koenigheim, improvements to the maintenance drive from El Paseo to pumps, and expanded drip irrigation to the existing trees. He stated other projects under consideration but not funded include the suspension bridge at Concho Avenue, river trail connections to downtown, supplemental funding for landscaping, additional bank stabilization from Johnson Street Dam and river trail, and Irving to Celebration Bridge (Edgewater Inn). Mr. White noted staff is seeking direction on these projects and any change order to the project would be presented to Council. He suggested the drip irrigation be submitted as a change order as part of the existing project. Assistant City Manager Rick Weise added the drip irrigation, the removal of dead trees, and pruning of trees would be a priority. In consensus, Council agreed to continue with project. Staff informed the projects will be presented for approval at a future meeting. FAILURE OF MOTION TO TERMINATE THE FURTHER EMPLOYMENT OF CAROLLO ENGINEERS Requested by Councilmember Wardlaw, City Attorney Lysia Bowling, with the confirmation of Texas Municipal League, suggested Council discuss the contract in Executive Session under Section 551.071 Consultation with Attorney, noting discussion should specifically related to the termination of the contract. Due to the need to provide transparency, Councilmember Wardlaw insisted the item be discussed in open session. Mayor Morrison inquired whether there were any objections to continue the matter in open session and reiterated further discussion in open session was against the City Attorney’s recommendation. No objections were made by City Council. City Manager Daniel Valenzuela requested Councilmember Wardlaw continue with his presentation. Councilmember Wardlaw commented on the performance of Carollo Engineers (CE), staff dissatisfaction with CE performance, the expenditures and payments made to CE, he mentioned 14 issues but did not provide further details on the issues, and the acceptance of the one submitted bid for the treatment plant. Water Utilities Director Ricky Dickson clarified Councilmember Wardlaw’s statement regarding staff’s dissatisfaction with CE performance, noting he or staff did not have any issues with CE performance, have fulfilled their contractual duties, and have been paid according to the contract funding. City Manager Daniel Valenzuela added the project is on target and requested Councilmember Wardlaw further discuss his issues and concern expressed. Councilmember Wardlaw declined. CE Vice President Hutch Musallam provided an update on the remaining funds of the project. He was under the impression the City was pleased with his performance; the majority of the project funds have been utilized for the pilot testing of the water treatment system; and it is not in the City’s interest to change engineers in this late stage of the project. To date, Mr. Musallam expressed no issues have been brought to their attention. Councilmember Farmer commented on the number of bids received, the amount of money spent on the project to date, lack of information on the cost associated with radium removal, and concerns raised regarding the location of the treatment plant. Project Engineer Kevin Kruger informed the bid price for disposal of the radium was $.59/per 1000 and is guaranteed for 10 years. Motion, to terminate Carollo Engineers services upon completion of their current project and authorization for Council to seek a new consultant, was made by Councilmember Wardlaw and seconded by Councilmember Farmer. AYE: Wardlaw, and Farmer. NAY: Morrison, Fleming, Self, Silvas, and Vardeman. Motion failed 2-5. DISCUSSION AND NO ACTION CONCERNING THE EMPLOYMENT OF A NEW WATER CONSULTANT FOR THE HICKORY PROJECT AND OTHER WATER MATTERS Requested by Councilmember Wardlaw, the item was not discussed or action taken due to the failed motion to terminate the further employment of Carollo Engineers. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 11, ARTICLE
    • Page 398 Minutes Vol. 104 July 16, 2013 11.200 “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY AMENDING SUBPART (d) ENTITLED “WATER SUPPLY STAGE-DROUGHT LEVEL I”, OF SECTION 11.203 “DROUGHT STAGES AND WATER MANAGEMENT MEASURES” TO LIMIT WATERING OF LAWNS, GARDENS, LANDSCAPE AREAS, TREES, SHRUBS, GOLF COURSES (EXCEPT GREENS) OR OTHER PLANTS BEING GROWN OUTDOORS TO ONCE EVERY SEVEN DAYS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE Water Utilities Director Ricky Dickson presented background information. Motion, to introduce the Ordinance, as presented, was made by Councilmember Fleming and seconded by Councilmember Silvas. Motion carried unanimously. POSTPONEMENT OF THE DISCUSSION OF RESIDENTIAL WATER CONSUMPTION ON NUMBER OF ACCOUNTS USING MORE THAN 50,000 GALLONS A MONTH Mayor Morrison, with the consent of the Council, suggested postponing the item to be discussed at a future meeting. DISCUSSION AND UPDATE ON THE PROGRESS AND COST TO DATE ON THE HICKORY AQUIFER WATER SUPPLY PROJECT INCLUDING, BUT NOT LIMITED TO, CONTRACTS FOR CONSTRUCTION AND ENGINEERING Requested by Councilmember Farmer, Water Utilities Director Ricky Dickson presented background information. A copy of the presentation is part of the Permanent Supplemental Record. No action taken. AWARD OF WATER UTILITY BID WU-10-13, GROUNDWATER TREATMENT FACILITY AND MISCELLANEOUS IMPROVEMENT PROJECTS FOR THE HICKORY AQUIFER WATER SUPPLY PROJECT TO PCL CONSTRUCTION, INC. (IRVING, TX) IN THE AMOUNT OF $27,132,193.00, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, AND RELATED DOCUMENTS Requested by Mayor Morrison, Water Utilities Director Ricky Dickson presented background information. Motion, to award WU-10-13 to PCL Construction, Inc., as presented, was made by Councilmember Silvas and seconded by Councilmember Self. Motion carried unanimously. ADOPTION OF A RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCIL AWARDING RFB NO. ES-01-13 “ENGINEERING SERVICES AVENUE P STREET & DRAINAGE IMPROVEMENT PROJECT” TO REECE ALBERT, INC., AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR CONSTRUCTION OF AVENUE P STREET & DRAINAGE REMEDIATION PROJECT BETWEEN THE CITY OF SAN ANGELO AND REECE ALBERT, INC. IN ACCORDANCE WITH SAID BID AWARD, IN SUBSTANTIALLY THE ATTACHED FORM, SAID AGREEMENT BEING SUBJECT TO RESCISSION ON DECEMBER 31, 2013 SHOULD THE NECESSARY RIGHT-OF-WAY AND NECESSARY EASEMENTS NOT BE ACQUIRED BY CITY BEFORE DECEMBER 31, 2013, AS PROVIDED FOR UNDER SUCH AGREEMENT (Page , #2013-07- ) Interim City Engineer Tim Wolff presented background information. Motion, to adopt the Resolution, as presented, was made by Councilmember Silvas and seconded by Councilmember Fleming. Motion carried unanimously. ADOPTION OF A RESOLUTION AUTHORIZING THE ACQUISITION OF A PERMANENT DRAINAGE UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ACROSS CERTAIN REAL PROPERTY EAST OF S. CHADBOURNE STREET AT AVENUE “P” REQUIRED FOR THE AVENUE “P” STREET & DRAINAGE IMPROVEMENT PROJECT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL CONTRACTS AND OTHER LEGAL INSTRUMENTS NECESSARY OR
    • Minutes Page 399 July 16, 2013 Vol. 104 CONVENIENT TO ACQUIRE SAID EASEMENTS; FINDING A PUBLIC USE AND BENEFIT THEREFORE; AND AUTHORIZING INITIATION OF EMINENT DOMAIN PROCEEDINGS PURSUANT TO LAW IF NECESSARY TO ACQUIRE THE PROPERTY FOR SAID EASEMENTS (Page , #2013-07- ) Interim City Engineer Tim Wolff presented background information. Motion, to adopt the Resolution, as presented, was made by Councilmember Silvas and seconded by Councilmember Fleming. Motion carried unanimously. DISCUSSION REGARDING THE FISCAL YEAR 2013-2014 BUDGET PREPARATION Assistant City Manager/Chief Financial Officer Michael Dane and Budget Manager Morgan Trainer presented background information. A copy of the report/presentation is part of the Permanent Supplemental Record. City Manager Daniel Valenzuela advised he will meet with each Councilmembers to discuss the upcoming budget. Mayor Morrison informed the Council will not conduct a budget workshop at this meeting but will take comments from the public. James Carter with West Texas Christian Foundation made a request to solve the drainage problem at Christian Village. Mr. Valenzuela stated he will obtain the information and present the item in November or December. Motion, to break for lunch, was made by Councilmember Silvas seconded by Councilmember Wardlaw. Motion carried unanimously. Public comments were made by Jim Turner concerning the Executive Session item Section 551.074(1) to deliberate the appointment, evaluation, reassignment, duties, discipline, or dismissal of the San Angelo City Manager, Assistant City Managers, all the Department Directors, and Acting or Interim Department Directors, noting the Council may be in violation of the open meetings act if they convene into Executive Session based on the caption wording. Responding to a question from Mayor Morrison, City Attorney Lysia Bowling stated her concerns of the potential violation of the City’s Charter. She also stated the legislative structure of the City was a council/manager form of government, and the City Manager has authority to appoint with consent of council and the authority to remove without requiring consent of council. Ms. Bowling suggested Council not go into Executive Session to discuss employees that are under the direction of the City Manager. Ms. Bowling also advised Council may go into Executive Session to discuss the City Manager only. City Manager Daniel Valenzuela stated he was in agreement with the City Attorney and would not have a problem with the Council taking him into Executive Session for direction or disciplinary action. Mr. Valenzuela further state he has the authority to evaluate and determine if his staff needs disciplinary action and welcomed guidance from Council. He also noted he will make it his responsibility to rebuild the trust between City Council and City staff. Motion, to not discuss Section 551.074 to deliberate the appointment, evaluation, reassignment, duties, discipline, or dismissal of the San Angelo City Manager, Assistant City Managers, all the Department Directors, and Acting or Interim Department Directors either in Executive Session or in open session and for matter to be brought back to the Council with the correct wording posted, was made by Mayor Morrison seconded by Councilmember Silvas. AYE: Morrison and Silvas. NAY: Fleming, Self, Vardeman, Wardlaw, and Farmer. Motion failed 2-5. RECESS At 12:20 P.M., Mayor Morrison called a recess. RECONVENE
    • Page 400 Minutes Vol. 104 July 16, 2013 At 12:46 P.M., Council reconvened, and the following business was transacted: EXECUTIVE/CLOSED SESSION At 12:46 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(1) to consult with attorney regarding Red Arroyo and West Texas Water Partnership Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding Red Arroyo Section 551.074(1) to deliberate the appointment, evaluation, reassignment, duties, discipline, or dismissal of the San Angelo City Manager, Assistant City Managers, all the Department Directors, and Acting or Interim Department Directors. RECESS At 12:30 P.M., Mayor Morrison called a recess. RECONVENE At 2:40 P.M., Council reconvened, and the following business was transacted: FOLLOW UP AND ADMINISTRATIVE ISSUES CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION No action was taken on matters discussed in Executive/Closed Session. Mayor Morrison informed Council will reconvene into Executive Session to discuss Section 551.074(1) to deliberate the appointment, evaluation, reassignment, duties, discipline, or dismissal of the San Angelo City Manager, Assistant City Managers, all the Department Directors, and Acting or Interim Department Directors. APPROVAL OF BOARD NOMINATIONS BY COUNCIL AND DESIGNATED COUNCILMEMBERS: Civic Events Boards: Mikala Brownfield (SMD4) to an unexpired term October 2014 Planning Commission: Sammy Farmer (SMD4) to an unexpired term January 2015 Motion, to approve the board nominations by Council and designated Councilmembers, was made by Councilmember Self and seconded by Councilmember Vardeman. Motion carried unanimously. APPROVAL OF APPOINTING COUNCILMEMBERS FLEMING AND FARMER TO SERVE ON THE INVESTMENT OVERSIGHT COMMITTEE Motion, to appoint Councilmembers Fleming and Farmer to serve on the Investment Oversight Committee, was made by Councilmember Self and seconded by Councilmember Silvas. Motion carried unanimously. EXECUTIVE/CLOSED SESSION At 5:00 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(1) to deliberate the appointment, evaluation, reassignment, duties, discipline, or dismissal of the San Angelo City Manager, Assistant City Managers, all the Department Directors, and Acting or Interim Department Directors RECONVENE At 5:50 P.M., Council reconvened, and the following business was transacted: FOLLOW UP AND ADMINISTRATIVE ISSUES CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION No action was taken on matters discussed in Executive/Closed Session.
    • Minutes Page 401 July 16, 2013 Vol. 104 Mayor Morrison stated the Council discussed the duties of the City Manager and also discussed the City Charter in relation to the City Manager. ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS City Manager Daniel Valenzuela distributed the proposed July 16, 2013 Agenda and solicited Council comments and suggestions. City Council members requested the following: Mayor Morrison: Code of Ethics/Conflict of Interest statement which was abolished in January 3, 2013 Councilmember Fleming: • prohibition of fireworks at Twin Buttes Park • placing of a moratorium on recreational vehicles and manufactured homes within the city limits. Councilmember Self: • extraterritorial jurisdiction and what options are available to the City • housing group update Councilmember Silvas: water consumption update report Councilmember Farmer: • update report of the billing system to look at the billing to see if we can bill in 100 gallon increments versus 1000 gallons increments • street sign issues be checked on in all parts of town Councilmember Vardeman: • Resolution for ASU to be able to drive their golf carts on City streets • conducting an evening meeting of the City Council once per quarter ADJOURNMENT Motion, to adjourn, was made by Councilmember Silvas and seconded by Councilmember Vardeman. Motion carried unanimously. The meeting adjourned at 6:05 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.)
    • City of San Angelo Memo Date: July 17, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Agenda Item for August 6, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: Consideration of awarding bid WU-09-13 for the 2013 Belt Filter Press Replacement Project to Alfa Laval Ashbrook Simon-Hartley, Inc. of Houston, Texas for $909,239.00 and authorizing the City Manager or his designee to execute contract documents. Summary: Bids have been received from four (4) contractors for the replacement and installation of three (3) Belt Filter Presses for the Water Reclamation Facility. The four (4) contractors were Alfa Laval Ashbrook Simon-Hartley, Inc., Dowtech Specialty Contractors, Inc., Purcell Contracting, Ltd., and Texas Water & Soil Co., Inc. Low bid for the project was submitted by Alfa Laval Ashbrook Simon-Hartley, Inc. in the amount of $909,239.00 and the bid had no exceptions to the specifications. History: This project is to replace three belt filter presses that were installed during the 1992 Sludge Handling Facilities Improvements. The existing belt filter presses have reached their operational lifespan of approximately 20 years of service. The belt filter presses are the last step in the process of removing water from the sludge before the sludge is taken to the composting facility. Financial Impact: Bid amount $909,239.00 funded by the Capital Improvements Program. Related Vision Item (if applicable): None Other Information/Recommendation: It is recommended the bid be accepted from Alfa Laval Ashbrook Simon-Hartley, Inc. and the City Manager, Water Utilities Director or City Manager Designee be authorized to negotiate and execute a contract and any related documents. Attachments: Bid Tabulation Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, July 17, 2013.
    • Y:13-RFXWater UtilitiesWU0913 Belt Filter PressesBid Tab-Belt Filter Press-Final C I T Y O F S A N A N G E L O BID TABULATION * RFB NO: WU-09-13 * July 11, 2013 Belt Filter Press Item Description Est Qty Unit Cost Extended Cost Unit Cost Extended Cost Unit Cost Extended Cost Unit Cost Extended Cost 1 2.0< Belt Filter Press 3 212,933.00$ 638,799.00$ 292,000.00$ 876,000.00$ 260,000.00$ 780,000.00$ 780,000.00$ 791,700.00$ 2 Deconstruction & Assembly of Belt Filter Press 3 73,480.00 220,440.00$ 51,000.00 153,000.00$ 78,000.00 234,000.00$ 234,000.00 132,000.00$ 3 Contingency 1 50,000.00 50,000.00$ 50,000.00 50,000.00$ 50,000.00 50,000.00$ 50,000.00 50,000.00$ 909,239.00$ 1,079,000.00$ 1,064,000.00$ 973,700.00$ Bid Bond: Yes Yes Yes Yes Bids Mailed To: ANDRTIZ Separation Inc. Arlington TX Ashbrook Simon-Hartley Houston TX Dowtech Specialty Contractors Baird TX Environmental Improvements, Inc. Buda TX Hartwell Environmental Corporation Arlington TX Purcell Contracting, LTD Meridian TX Alpha Laval Ashbrook Dowtech Texas Water & SoilPurcell Grand Total
    • GMS APPLICATION NUMBER _2013-H5674-TX-DJ CITY SECRETARY CONTRACT NO. _______ THE STATE OF TEXAS KNOW ALL BY THESE PRESENT COUNTY OF TOM GREEN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN ANGELO, TEXAS AND COUNTY OF TOM GREEN, TEXAS 2013 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD LOCAL SOLICITATION This Agreement is made and entered into this____day of________, 2013, by and between The COUNTY of TOM GREEN, acting by and through its governing body, the Commissioners Court, hereinafter referred to as COUNTY, and the CITY of SAN ANGELO, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of TOM GREEN County, State of TEXAS, witnesseth: WHEREAS, this Agreement is made under the authority of Chapter 791 of the Government Code: and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, the CITY agrees to provide the COUNTY $6,284 from the JAG award for Radar program: and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of $6,284 of JAG funds. Section 2. COUNTY agrees to use $6,284 for the Radar program until September 30, 2014. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. Page 1 of 2
    • Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. CITY OF SAN ANGELO, TEXAS COUNTY OF TOM GREEN, TEXAS ___________________________________ ____________________________________ City Manager County Judge Daniel Valenzuela Mike Brown ATTEST: APPROVED AS TO FORM: ___________________________________ ____________________________________ City Clerk Assistant District Attorney Alicia Ramirez APPROVED AS TO FORM: APPROVED AS TO CONTENT: ___________________________________ ____________________________________ City Attorney Police Chief Lysia H. Bowling Tim Vasquez *By law, the District Attorney’s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contracts or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s). Page 2 of 2
    • City of San Angelo Memo Date: July 23, 2013 To: Mayor and Councilmembers From: Lysia H. Bowling, City Attorney Subject: Consent Item for August 6, 2013 Council Meeting Contact: Lysia H. Bowling, City Attorney, 657-4407 Caption: Consent Item Consideration of authorizing the Mayor to sign a Resolution affirming the City of San Angelo’s cooperation with the Steering Committee of Cities served by AEP TNC to review AEP Texas North Company’s requested approval of an adjustment to its Energy Efficiency Cost Recovery Factor, hiring legal and consulting services to negotiate with the Company and direct any necessary litigation and appeals, finding that the meeting at which this Resolution passed is open to the public as required by law; requiring notice of this Resolution to legal counsel. Summary: AEP Texas North Company (“TNC” or “Company”) filed an application on or about May 31, 2013 with the Public Utility Commission of Texas (“PUC” or “Commission”), seeking to adjust its 2014 Energy Efficiency Cost Recovery Factor (“EECRF”). Pursuant to Commission rules, TNC is required to annually apply no later than June 1 of every year to adjust its EECRF in order to reflect changes in program costs and bonuses and to minimize any over- or under-collection of energy efficiency costs resulting from the use of the EECRF. The resolution authorizes the City to join with the Steering Committee of Cities Served by AEP TNC (“Steering Committee”) to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue. History: Last year in Docket No. 40358, the Commission authorized TNC to adjust its 2013 EECRF to recover $1,536,939. In this filing, TNC is seeking to adjust its EECRF to collect $1,170,072 for five components: (1) $1,411,326 in energy efficiency program costs projected to be incurred in 2014; (2) a credit of $212,463 for over-recovery of energy efficiency revenues for its 2012 programs; (3) a credit of $133,604 reflecting the November 26, 2012 revision to the April 2012 Energy Efficiency Plan and Report filed in Project No. 40194; (4) $100,100 for projected evaluation, measurement and verification (“EM&V”) costs for 2013 and 2014; and (5) $4,713 for 2012 EECRF proceeding expenses incurred in Docket No. 40358. Financial Impact: Necessary costs associated with pursuing the matter should the costs not be reimbursed by the utility Related Vision Item (if applicable): Financial, Commercial and Industrial Vision is implicated. Other Information/Recommendation: Staff recommends approval. Attachments: Resolution. Presentation: None. Publication: None. Reviewed by Service Area Director: Lysia H. Bowling, City Attorney, July 23, 2013.
    • 3751383.1 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, (“CITY”) APPROVING COOPERATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY AEP TNC TO REVIEW AEP TEXAS NORTH COMPANY’S REQUESTED APPROVAL OF AN ADJUSTMENT TO ITS ENERGY EFFICIENCY COST RECOVERY FACTOR; HIRING LEGAL AND CONSULTING SERVICES TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO LEGAL COUNSEL. WHEREAS, on or about May 31, 2013, AEP Texas North Company (“TNC” or “Company”), pursuant to the Public Utility Regulatory Act (“PURA”) § 39.905 and Public Utility Commission of Texas (“Commission” or “PUC”) Substantive Rule § 25.181(f), filed with the Commission an application for a 2014 Energy Efficiency Cost Recovery Factor (“EECRF”), PUC Docket No. 41539; and WHEREAS, the City of San Angelo, Texas will cooperate with similarly situated city members and other city participants located within the TNC service area in conducting a review of the Company’s application and to hire and direct legal counsel and consultants and to prepare a common response and to negotiate with the Company and direct any necessary litigation; and WHEREAS, working with the Steering Committee of Cities Served by AEP TNC (“Steering Committee”) to review the rates charged by TNC allows members to accomplish more collectively than each city could do acting alone; and WHEREAS, the Steering Committee has a history of participation in PUC dockets and projects, as well as court proceedings, affecting transmission and distribution utility rates in TNC’s service area to protect the interests of municipalities and electric customers residing within municipal boundaries; and WHEREAS, PURA §33.023 provides that costs incurred by cities in ratemaking activities are to be reimbursed by the regulated utility. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS: 1. That the City is authorized to participate in the Steering Committee in PUC Docket No. 41539. 2. That subject to the right to terminate employment at any time, the City of San Angelo, Texas hereby authorizes the hiring of the law firm of Lloyd Gosselink and consultants to
    • 3751383.1 2 negotiate with the Company, make recommendations to the City regarding reasonable rates, and to direct any necessary administrative proceedings or court litigation associated with an appeal of this application filed with the PUC. 3. That the City’s reasonable rate case expenses shall be reimbursed by TNC. 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. 5. A copy of this Resolution shall be sent to Chris Brewster, Counsel to the Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PASSED AND APPROVED this the __________ day of _________________________, 2013. CITY OF SAN ANGELO, TEXAS ATTEST: Dwain Morrison, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: Daniel Valenzuela, City Manager Lysia H. Bowling, City Attorney
    • City of San Angelo Memo Date: August 2, 2013 To: Mayor and Council members From: Rick Weise, Assistant City Manager Subject: Agenda Item for August 6, 2013 Council Meeting Contact: Cindy Preas, Real Estate Administrator (657-4407) Caption: Consent Item CONSIDERATION OF ADOPTING A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT ON BEHALF OF THE CITY WITH TODD HOUSTON WILLIAMS FOR THE PURCHASE OF CERTAIN REAL PROPERTY, BEING NINE ACRES MORE OR LESS, LOCATED SOUTH OF 29TH STREET AND ON THE CONCHO RIVER, WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS, ALLOCATING CLOSING AND RELATED COSTS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH RELATED DOCUMENTS AS MAY BE NECESSARY OR CONVENIENT TO COMPLETE THE PURCHASE FOR A TOTAL PRICE, INCLUDING COSTS, NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00) Summary: Staff seeks Council approval to finalize the procurement of nine acres more or less, located South of 29th Street and on the Concho River. History: The City has been interested in this property for a number of years. With the acquisition of this property, the City will complete ownership of Concho River frontage from 19th Street to 29th Street. Financial Impact: Funding Source: Concho River Project Purchase Price and all related closing costs not to exceed $50,000 Related Vision Item (if applicable): Concho River Project Other Information/ Recommendation: Staff recommends authorizing the City Manager, to execute any necessary related documents for the acquisition nine acres more or less, which representatives of the City have successfully negotiated a sales price. Attachments: Resolution, Including Exhibit “A” Map Presentation: None Publication: NA Reviewed by Director:
    • EXHIBIT “A” Being 9.000 acres of land out of F.E. Cramer Survey No. 318, Tom Green County, Texas, and also being out of that 20.93 acre tract conveyed to Marvin C. Hanz by Douglas A. Williams by Deed Dated July 15, 1966 and Recorded in Vol. At Page of the Deed Records of Tom Green County, Texas, said 9.000 acre tract being described by metes and bounds as follows: Beginning at a point on the East bank of the North Concho River and in the West line of said Survey 318 and said 20.93 acre tract, 260.47 feet N. 16°21’10”E. from their common S.W. corner in the East bank of said North Concho River; Thence with the West line of said Survey 318 and of said 20.93 acre tract and up the East bank of said North Concho River with its meanders N.16°21’10”E. 49.55 feet; N.27° 37’ 10”E. 176.90 feet and N.34° 46’ 10”E. 615.60 feet to the N.W. corner of said 20.93 acre tract and of this; Thence N. 60°29’ 10”E. 585.50 feet to a ¾” iron pipe set for the N.W. Corner of that 6.000 acre tract conveyed to KTEO by Marvin C. Hanz by Deed dated and Recorded in Vol. At Page of the Deed Records Tom Green County, Texas: Thence S. 29°36’ 34” E. with the West line of said 6.000 acre tract, 397.64 feet to the S. E. corner of this; Thence S. 60°29’ 10”W. parallel to the North line of this and of said 20.93 acre tract, 1323.78 feet to the place of beginning, containing 9.000 acres of land.
    • 13-001 - Todd Williams Property - 9.0710 acres County Address Points Pending County Addresses Retired County Addresses Parcels May 3, 2013 0 0.15 0.30.075 mi 0 0.25 0.50.125 km 1:10,796
    • A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN ANGELO, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT ON BEHALF OF THE CITY WITH TODD HOUSTON WILLIAMS FOR THE PURCHASE OF CERTAIN REAL PROPERTY, BEING NINE ACRES MORE OR LESS, LOCATED SOUTH OF 29TH STREET AND ON THE CONCHO RIVER, WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS, ALLOCATING CLOSING AND RELATED COSTS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH RELATED DOCUMENTS AS MAY BE NECESSARY OR CONVENIENT TO COMPLETE THE PURCHASE FOR A TOTAL PRICE, INCLUDING COSTS, NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00). WHEREAS, the City of San Angelo owns real property within the corporate limits of the City and fronting on the Concho River between 19th Street and 29th Street; and, WHEREAS, the subject parcel of real property, nine acres more or less, as described on Exhibit “A” attached to this resolution, is located on the Concho River south of 29th Street, and its acquisition will complete the City’s ownership of river frontage property from 19th Street to 29th Street; and, WHEREAS, acquisition of the subject real property by the City of San Angelo will serve a public purpose to promote the beneficial and appropriate development of land within the City along the banks of the Concho River; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City Manager is hereby authorized to enter into a contract on behalf of the City with Todd Houston Williams for the purchase of certain real property being nine acres more or less, located south of 29th Street and on the Concho River, within the corporate limits of the City of San Angelo, Tom Green County, Texas, as more particularly described on Exhibit “A” attached to this resolution, allocating closing and related costs, and to execute such related documents as may be necessary or convenient to complete the purchase for a total price, including costs, not to exceed Fifty Thousand Dollars ($50,000.00). 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 Rick Weise, Assistant City Manager Lysia H. Bowling, City Attorney
    • A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN ANGELO, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT ON BEHALF OF THE CITY WITH TODD HOUSTON WILLIAMS FOR THE PURCHASE OF CERTAIN REAL PROPERTY, BEING NINE ACRES MORE OR LESS, LOCATED SOUTH OF 29TH STREET AND ON THE CONCHO RIVER, WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS, ALLOCATING CLOSING AND RELATED COSTS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH RELATED DOCUMENTS AS MAY BE NECESSARY OR CONVENIENT TO COMPLETE THE PURCHASE FOR A TOTAL PRICE, INCLUDING COSTS, NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00). WHEREAS, the City of San Angelo owns real property within the corporate limits of the City and fronting on the Concho River between 19th Street and 29th Street; and, WHEREAS, the subject parcel of real property, nine acres more or less, as described on Exhibit “A” attached to this resolution, is located on the Concho River south of 29th Street, and its acquisition will complete the City’s ownership of river frontage property from 19th Street to 29th Street; and, WHEREAS, acquisition of the subject real property by the City of San Angelo will serve a public purpose to promote the beneficial and appropriate development of land within the City along the banks of the Concho River; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City Manager is hereby authorized to enter into a contract on behalf of the City with Todd Houston Williams for the purchase of certain real property being nine acres more or less, located south of 29th Street and on the Concho River, within the corporate limits of the City of San Angelo, Tom Green County, Texas, as more particularly described on Exhibit “A” attached to this resolution, allocating closing and related costs, and to execute such related documents as may be necessary or convenient to complete the purchase for a total price, including costs, not to exceed Fifty Thousand Dollars ($50,000.00). 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 Rick Weise, Assistant City Manager Lysia H. Bowling, City Attorney
    • City of San Angelo Memo Meeting Date: July 16, 2013 To: City Council members From: Kevin Boyd, Planner Subject: Z13-20: David Jensen: a request for a zone change from Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-family Residential (RS-1) to allow for single-family detached homes, on the following property: Location: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and Nebraska Avenue, more specifically occupying the Capitol Heights Addition, Section 5, Block 6, Lot 42 and Block 11, Lot 1 and 26, in southwest San Angelo. Purpose: Approval or modification of this request would be forwarded to City Council for a final decision on the matter Contacts: David Jensen, Owner 325-234-8544 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 Z13-20: David Jenson 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: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and Nebraska Avenue. This property specifically occupies the Capitol Heights Addition, Section 5, Block 6, Lot 42
    • 2 and Block 11, Lot 1 and Lot 26, in southwest San Angelo, changing the zoning classification from Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Summary: The City Council may: (1) Approve the proposed zone change as requested; or (2) Modify 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 Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-Family Residential (RS-1). On June 17, 2013, Planning Commission recommended approval of the requested zone change by a 6-0 vote. History and Background: The properties in question include Lots 1, 26 and 42 of the Capitol Heights Addition, Section Five. Back in November 2007, 39 of the 76 lots in the newly created subdivision were zoned from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to allow for the construction of townhomes. Over the past few years, development has only occurred along Iowa Avenue, the southernmost street in the subdivision – the remainder of the area is undeveloped. General Information Existing Zoning: Zero Lot Line, Twinhome & Townhome (RS-3) Existing Land Use: Vacant, undeveloped tract Surrounding Zoning/Land Use:
    • 3 North: Zero Lot Line, Twinhome & Townhome (RS-3) Vacant residential lots West: Single-Family Residential (RS-1) Single-family detached homes and vacant residential lots South: Zero Lot Line, Twinhome & Townhome (RS-3) Single-family detached homes and vacant residential lots East: Zero Lot Line, Twinhome & Townhome (RS-3) Single-family detached homes and vacant residential lots Thoroughfares/Streets: Nevada Drive, Iowa Avenue, Florida Avenue and Nebraska Avenue are identified as a ‘local streets’, designed to carry light neighborhood traffic at low speeds. Zoning History: The property was annexed within the city-limits around 1975. Back in 1987, the property was zoned Single- Family Residential (RS-1). The area was rezoned to RS-3 on November 20, 2007. Applicable Regulations: Allowed uses for this property can be found in Section 310 (Use Table) of the Zoning Ordinance. Development Standards: Residential development setbacks 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."
    • 4 "...encourage appropriate and supportive infill development at Neighborhood Centers." "Promote a mix of various uses...to encourage the necessary infill...for 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..." "Create new physical connections to neighborhoods lined with transitional and intermediate uses." "Variety of residential product types - multi-family, townhomes, courtyard homes, patio homes, etc." Special Information Traffic Concerns: Changing the zoning to a less intensive residential district is likely to generate less traffic than if the property remained zoned as-is. Parking Requirements: Dwelling units require a minimum of 2 parking spaces, per Section 511.B of the Zoning Ordinance. Parking Provided: No parking exists as the tract remains vacant and undeveloped. Density: Surrounding uses are predominately characterized as low density residential development. The Vision Plan calls for
    • 5 'Neighborhood' type development for the site in question. Notification Required: Yes Notifications Sent: 10 Responses in Favor: 0 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.
    • 6 Staff recommends approval of this request based on the information outlined below. A zone change from Zero Lot Line, Twinhome and Townhouse (RS-3) to Single-Family Residential (RS-1) is consistent with city’s plans and polices. The Vision Plan envisions ‘Neighborhood’ development in the area, which is compatible with RS-1, RS-2, RS-3, RM-1, RM-2, MHP and MHS zoning. Conventional single-family detached and zero lot line housing exists on the block. This request seeks to effectively lower the intensity of properties from its current zoning to a less intensive and less densely developed, RS-1 zoning. A zone change to RS-1 inherently creates more open space, through land development standards of the minimum setback and lot size requirements. Such a change is more appropriate for the particular lots in question and as referenced below, will result in orderly and logical development. The request is consistent with aspects of the Zoning Ordinance. The proponents initiated the zone change with the desire to construct single-family detached housing on the corner lots along Nevada Drive. The current zoning does not allow for the construction of single-family detached housing – single-family detached housing is permitted in R&E, RS-1, RS-2, RM-1 and MHS districts (Sections 310 and 311, Zoning Ordinance). Staff finds that RS-1 is most appropriate zoning in giving our recommendation – the properties do not meet the minimum lot size for R&E zoning, which is an acre. R&E, RM-1 and MHS zoning are not compatible with aspects of the surrounding area which reflects an emerging subdivision community, with compacted single-family detached and zero lot line housing. RS-2 is not the best use of the property, for reasons outlined further in the report. Some uses that include religious Institutions, safety services, schools are allowed in a RS-1 zone with approval through the conditional use process. The subject properties exceed the minimum lot area and dimensions for the proposed zoning (5,000 sq. ft. and 50’ x 100’), refer to Section 501, of the Zoning Ordinance. The lots are similar size and measure roughly 50’ x 115’ (approximately 5,750 sq. ft.), please refer to the attached plat. Although the properties in question are currently zoned RS-3 – a medium intensity residential district – majority of the properties in the generalized area are zoned RS-1. In a similar manner, the general pattern of land development is single-family detached housing. The Capital Heights Addition is comprised of five sections – Section 5, the northernmost addition, is one of the exceptions in that majority of the properties is a zoning other than RS-1, RS-3 (39 of the 76 lots are zoned RS-3). This RS-3 zoned area is bounded by Iowa Avenue (to the south), Nevada Drive (to the west) and Florida Avenue (along portions to the east). The subject properties are currently undeveloped, open lots. Lots immediately to the north, west and east of the properties also remain undeveloped at this time. This request represents changed conditions to the Ordinance. The current RS-3 zoning does not allow for single-family detached housing. A change to RS-1 provides opportunities for single-family detached housing, but restricts development of any other residential housing type. This request is consistent with aspects of the Comprehensive
    • 7 Plan, as the Vision Plan envisions the area to remain residential in nature – no amendments to the Plan will be needed with approval of this request. The proposed zoning will continue to create a more continuous RS-1 zone that is appropriate, given the nature of the area. Staff expects that the proposed zone change will have minimal negative impacts on the natural environment. Currently the land cover of the lots varies from with grassy to dirt spots to small brush and low vegetation. Less than half the Capital Heights Addition, Section Five – approved in 2007 – has been completed. As the area fully develops, more and more open land will be converted to residential development. Although the properties are situated nearly 500 feet from the nearest flood zone, the area question has had some storm water and drainage issues in the past. The current zoning allows for the construction of zero lot line homes, twin homes and townhouses. While zero lot line homes, allowed in RS-3 zones, generally have a smaller buildable footprint than conventional single-family homes, development is more compacted with smaller lots and more dwellings – also the floor area ratio (FAR) or amount of buildable space in RS-3 zones are actually greater than that of RS-1 zones (60 percent and 40 percent, respectively). Rezoning the area back to RS-1 reduces the allowable buildable space which will minimize potential impacts of drainage in the area. An internal site review conducted by city staff will ensure that any approved project addresses storm water issues and its potential effects on neighboring properties. The requested zoning represents a community need. Single-family detached housing is ideal for the site in question, twin homes and townhomes are more suitable for narrow lots, like the lots to the west of the property. RS-1 zoning allows for more reserved open space with a reduced FAR or floor area ratio of the 60 percent and greater setbacks - this lessens the likelihood of nuisances from adjacent properties and land development may be more aesthetically appealing given the more restrictive spacing requirements. The subject properties are quite distant from major roadways - the southernmost property, Lot 26, measures roughly 1,900 feet north of the Sunset Drive (the nearest major access point, identified as a collector street in the city's Thoroughfare Plan). Future plans seek to extend Dakota Drive to connect with YMCA Drive, to enhance connectivity in the area – but it is important to note that, as of yet, there have not been any proposals submitted to connect the streets. The lots in question are slightly larger than the RS-3 zoned lots which many measure between 40' x 115' and 45' x 115'. The properties immediately across the street to the west, along Nevada Drive, are zoned RS-1 – continuing the zoning directly across the street represents logical development and will provide land development opportunities that will develop the site in way similar to what already exists. This change, in effect, will create a 'mirror effect' or continuity of land uses along the street. While RS-2 allows for single-family detached housing – it also allows for twin homes and two household units on a single property, which may create a disruptive transition and one that is visually stark and unappealing. The
    • 8 change to RS-1 is the most suitable zoning and provides a nice transition to the more intensive RS-3 zoning of the smaller lots to the west. 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; Final Plat of the Capital Heights Addition, Section Five, approved by Planning Commission in November 2007; Draft minutes from 06/17/13 Planning Commission Meeting; and Draft Ordinance. Presentation: Kevin Boyd, Planner Reviewed by: Jeff Hintz, Interim Senior Planner (06/10/13 )
    • 14
    • IV. Requests for Zone Change. [Planning Commission makes recommendation; City Council has final authority for approval.] A. Z 13-20: David Jensen A request for a zone change from Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-family Residential (RS-1) to allow for single-family detached homes, on the following property: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and Nebraska Avenue, more specifically occupying the Capitol Heights Addition, Section 5, Block 6, Lot 42 and Block 11, Lot 1 and 26, in south central San Angelo. Kevin Boyd, Planner came forward to present the case consistent with staff's recommendation of approval. Ten notices were sent out for this request and none were received. Some general characteristics of the area were shared and Mr. Boyd stated that this area had developed substantially since the original aerial photo was taken and the photos taken as a result of this request at the street level had confirmed this. The criteria mandated of the request was covered by staff and it has also been found that this request will be consistent with the aspects of the Comprehensive Plan and Zoning Ordinance. By allowing this zone change, no replat of the property would be required as the lots currently meet the minimum lot size required for RS-1 zoned properties. Mr. Wynne asked about if this request would change the lot sizes. Mr. Boyd answered that only the zoning would be changed as a result of this request. No one came forward to speak in favor or in opposition of the request. Mr. Wynne stated he had no issues with the request; Darlene Jones thought this request would provide an aesthetically pleasing transition as staff had found as well. Darlene Jones made a motion to approve as presented and this was seconded by Valerie Priess. The motion passed 5-0.
    • 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: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and Nebraska Avenue. This property specifically occupies the Capitol Heights Addition, Section 5, Block 6, Lot 42 and Block 11, Lot 1 and Lot 26, in southwest San Angelo, changing the zoning classification from Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY RE: Z 13-20: David Jensen 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: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and Nebraska Avenue. This property specifically occupies the Capitol Heights Addition, Section 5, Block 6, Lot 42 and Block 11, Lot 1 and Lot 26, 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: 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 16th day of July, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 6th day of August, 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
    • City of San Angelo Memo Meeting Date: July 16, 2013 To: City Council members From: Roxanne Johnston, Planner Subject: Z13-21: Clark Wilson, a request of a zone change from a combination of General Commercial/Heavy Commercial (CG/CH) and Single-Family Residential (RS-1) to General Commercial (CG) to allow for self-service storage as defined in Section 315.H. of the Zoning Ordinance on the following properties: Location: 3704, 3712 & 3720 North Chadbourne Street, located directly southeast of the intersection of North Chadbourne Street, West 38th Street, and Coliseum Drive and 175 feet northeast of the intersection at North Chadbourne Street and East 37th Street; more specifically occupying approximately 2 acres out of the Mather Addition No. 2; portions of Blocks 11 & 12 including the North 79.45 feet of south 229.45 feet of the west part of Blocks 11 & 12; the north 70.8 feet of South 300.25 feet of the west part of Blocks 11 & 12 and the south 170 feet of north 303 feet of west 318.83 feet of Blocks 11 & 12 in northwest San Angelo. Purpose: Approval or modification of this zone change request by the City Council would designate the subject property as a General Commercial (CG) Zoning District. Contacts: Clark Wilson, property owner 325-656-9800 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 13-21: Clark Wilson 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: 3704, 3712 & 3720 North Chadbourne Street, located directly southeast of the intersection of North Chadbourne Street, West 38th Street, and Coliseum Drive and 175 feet northeast of the intersection at North Chadbourne Street and East 37th Street; more specifically occupying approximately 2 acres out of the Mather Addition No. 2; portions of Blocks 11 & 12 including the North 79.45 feet of south 229.45 feet of the west part of Blocks 11 & 12; the north 70.8 feet of South 300.25 feet of the west part of Blocks 11 & 12 and the south 170 feet of north 303 feet of west 318.83 feet of Blocks 11 & 12 in northwest San Angelo, changing the zoning classification from a General Commercial/Heavy Commercial (CG/CH) &Single-Family Residential (RS- 1) to a General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Summary: The City Council may: (1) Approve the proposed zone change; (2) Modify the application to some alternative zoning classification believed to be more appropriate; or (3) Deny the proposed zone change Recommendation: Planning staff recommends approving the proposed zoning classification to General Commercial (CG). Planning Commission unanimously recommended approval of this request by a vote of 5-0 on June 17, 2013. History and Background:
    • The applicant is seeking this zone change in order to expand an existing self-service storage facility. This use falls under the “Commercial Use Category” as defined in Section 315 of the Zoning Ordinance and is allowed in CG zoning districts. When combined, the three properties associated with this zone change request equal approximately 2 acres. Each lot is currently split into two zoning designations. Both lots addressed at 3704 and 3712 North Chadbourne Street are designated as a CG zoning district at the eastern one-third section of each property, and a CG/CH zoning district over the remaining two-thirds. A section of land measuring approximately 37x170 feet at the eastern side of the lot addressed as 3720 North Chadbourne Street lies within an RS-1 zone. A private drive separates this section of the property and the established neighborhood further eastward. The remainder of the property is CG/CH. The CG/CH zoned portion of these lots all front North Chadbourne Street. As a major arterial to the north before the 1970’s when North Bryant Boulevard was designated by TxDOT as Highway 87, North Chadbourne Street was and remains a primarily commercial corridor in the area associated with the three properties associated with this zone change request. Area businesses include a launder mat, a Stripes Gas Station, an air conditioning business and a few restaurants; all of which are located in CG/CH zoning districts. The northwestern tip of the property at 3720 North Chadbourne Street meets with Coliseum Drive, which in turn, leads to East 43rd Street and the Foster Communication Coliseum. The Coliseum lays approximately 1/3 of a mile north of the properties. Rezoning the properties to CG would allow the following uses: group living, alcohol and drug recovery facilities, college, school, public & nonprofit, or charitable uses providing service to the community, day care for children or adults, meeting areas for religious institutions, public safety and emergency services, auto and boat dealerships, bed & breakfast; business, government, professional, medical or financial offices, commercial parking, retail sales, self-service storage, vehicle service (performed while the customer waits) vehicle wash, small animal veterinary clinic, personal service-oriented business, entertainment-orients business and restaurants.
    • Uses allowed in CG/CH zoning districts include the above plus the following: industrial services, warehouse and freight movement, waste-related uses, wholesale trade, and plant nurseries. It also allows for Type 3 unlimited general outdoor storage. General Information Existing Zoning: General Commercial/Heavy Commercial (CG/CH), General Commercial (CG), and Single Family Residential (RS-1) Existing Land Use: Self Service Warehouse and now vacant property Surrounding Zoning/Land Use: North: CG/CH Vacant building West: CG/CH Residential use South: CG/CH Residential use East: CG & RS-1 Residential use Thoroughfares/Streets: North Chadbourne Street is defined as an “arterial street,” which is designed to connect collector streets to freeways and carry large volumes of traffic at high speeds. Access is secondary and mobility is the prime function of this street. Coliseum Drive is defined as a “collector street" and is designed to, collect local street traffic carrying it to arterial streets at a moderate speed. Zoning History: This property was annexed into the City in the late 1940’s. As early as 1954, these properties were designated with a C2 Zoning District. This was converted to CG/CH with the adoption of the current Zoning Ordinance in January of 2000. The portion of the lots zoned CG at 3704 & 3712 North Chadbourne Street were zoned as such since 1987. In 1988, a request for Special Permit 1240 was submitted to allow for the use of a mobile home as a sales office at 3720 North Chadbourne Street.
    • In 2000, a 2 foot variance from Section 509.B.3 was given at 3704 & 3712 North Chadbourne Street. This ordinance requires a four-foot fence within the 25- foot front building setback in CG/CH and CG zoning districts was given (ZBA00-31) to allow for a 6 foot fence on the front property line. In 2002, ZBA 02-54, was approved at the 3704 & 3712 North Chadbourne which allows a 6-foot variance from the minimum 25 foot front yard required in CG/CH zoning districts, in order to permit construction of additional commercial building(s) set back 19 feet from the front boundary Applicable Regulations: Section 509 of the Zoning Ordinance addresses fencing as a screening mechanism. Any time a commercial use abuts a residential district or use (other than an R&E zoning district), an opaque privacy fence is required. Development Standards: All required off-street parking and the connection(s) to a public right-of-way are required to be paved. General Commercial (CG) requires a 25 feet front setback for commercial structures. No side or rear setback are required in commercial districts unless the lot abuts a residential district or use, where a minimum of 10 feet is required, per Section 502. The maximum floor area or gross floor area of all buildings on the lot divided by the total area of the lot in an area zoned CG is 2, twice the area of the lot, per Section 502 of the Zoning Ordinance. Vision Plan Map: Predominantly Commercial Related Comp Plan Excerpts: “Promote better transition between nearby commercial and residential use of land and buildings.”
    • “Create new physical connections to neighborhoods lined with transitional and intermediate uses." “Establish transition areas to better "scale-down" intensity of use from commercial centers to neighborhoods." “Organize commercial uses in nodes to avoid deteriorating corridors.” “Eliminate uncomplimentary and incompatible zoning classifications from neighborhood plans,” “Rezone or remove any CG/CH zoning from adjacent to existing neighborhoods.” Special Information Traffic Concerns: Changing the zoning will not necessarily generate additional traffic than if the property remained as-is since current zoning predominantly allows for a larger variety of heavier uses on the sections of the lots zoned CG/CH. Rezoning to a less intense district potentially decreases the use of heavy industrial traffic often associated with CG/CH zoning. North Chadbourne Street is designed to accommodate appropriate commercial traffic. Parking Requirements: Section 511 of the Zoning Ordinance shows uses and covers required parking amounts. Since the proposal is an expansion of the existing use and shares a common ownership, no additional parking will be required with this request. Parking Provided: no parking spots are provided on the property addressed at 3729 North Chadbourne Street as it is a vacant lot. 3604 and 3712 North Chadbourne have no designated parking spaces.
    • Density: Surrounding uses are predominately low density commercial and residential development, with exception to a more dense residential development to the east of the properties. The plan complies with the Vision Plan, which calls for “a continuation of the future development of this area as “Commercial." Notification Required: Yes Notifications Sent: 23 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. North Chadbourne Street, from its southern point located at West Houston Harte Expressway to its most northern point near Fruit and Farm Road and North Bryant Boulevard Frontage Road, has been a commercial corridor for decades and is one of the key routes to and from the north. A zone change on the subject properties would be consistent with both the Zoning Ordinance and the Comprehensive Plan by removing a more heavily industrial commercial zoning district and replacing it with a less intense commercial zoning, thereby alleviating possible nuisances such as noise, pollution and visual eyesores that can be produced by heavy commercial enterprises designed to support industrial uses, such as heavy truck traffic entering and exiting the properties. This proposed request would essentially create a consistent zoning for each of the three properties. The 2009 Comprehensive Plan seeks to “Eliminate uncomplimentary and incompatible zoning classifications from neighborhood plans,” thereby amending mixed zoning on each parcel. Furthermore, removing the CG/CH zoning is also in line with the Comprehensive Plan which seeks to “Improve relationship(s) between adjacent commercial and residential land use adjacencies.” One way to do this, according to the Comprehensive Plan, is to take steps to “Rezone or remove any CG/CH zoning from adjacent to existing neighborhoods.” In addition to this zone change request being in line with the Zoning Ordinance and the Comprehensive Plan, the Vision Plan calls for the area to remain commercially zoned in the future so no amendment to the Plan would be required. Therefore, staff finds that this zone change is in keeping with the first three Criteria listed above. In addressing changed conditions as well as the environmental impacts that this zone change could possibly bring to the area, staff finds that rezoning to a less intense commercial district would not only alleviate potential nuisances such as large equipment traffic in and out of the properties and North Chadbourne Street, but also eliminates the potential of negative visual aesthetics created when highly contrasting land uses are placed adjacent to one another. With the idea that North Chadbourne Street is a major route to the Foster Communication Coliseum, it is important to consider not just negative visual impacts to the immediate area, but to the community as a whole. Current zoning on the majority of these properties allows for unlimited outdoor storage, regardless that there is none on the property at this time. Outdoor storage could consist of a junkyard, for
    • example, or of aggregate materials such as caliche or of vehicle parts containing petroleum byproducts, or even metal beams treated with coatings and paints that could leach into the ground or storm water. Once CG/CH is replaced as requested, this unlimited outdoor storage opportunity disappears and the Coliseum corridor, along these properties anyway, will be free from those potential nuisances and any others that a combined CG/CH zoning district allows. Therefore, staff finds that conditions could potentially improve from what they could be if the properties remain under the same zoning and is in keeping with Criteria 4 and 5. The question could be raised as to why the applicant did not seek a zone change to the least intensive commercial zoning category, Neighborhood Commercial (CN). The answer to this is that such a zoning would require approval of a Conditional Use since self-service storage is not allowed in CN zoning. A rezone to a less intensive commercial category will provide more flexibility in future use than a Conditional Use would allow, since there are usually conditions put on Conditional Uses that are not allowed to be legally placed on zone changes. In the event the applicant is granted the requested zone change and decided to locate businesses allowed under CG zoning instead of or besides a self-storage facility, these businesses could potentially serve users not only of the neighborhood, but also of patrons of the Foster Communication Coliseum which could contribute to meeting a community need. Additionally, the nature of a self-service storage business typically gives nearby residents the opportunity to store belongings and therefore can be viewed as a neighborhood serving enterprise. Such a business most certainly meets a community need, which illustrates that Criteria 6 is met as well as the previous 5 criteria. In conclusion, staff has determined that in addition to this request meeting criteria 1-6, this proposed use and zone change request for the subject properties is also consistent with Criteria 7 with regards to area development trends. Commercial businesses have been located along that area of North Chadbourne Street since the 1950’s. With the properties’ proximity to Foster Communication Coliseum, the chances of the area fronting North Chadbourne Street remaining commercial are even more probable and fall in line with future commercial development. Proposed Conditions N/A Attachments: excerpt from zoning map, showing the general location within the City of San Angelo;
    • excerpt from the comprehensive plan vision map highlighting the subject property; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; Excerpt of the favor/opposition notification map; Draft minutes from the 06/17/13 Planning Commission Meeting; and Draft ordinance. Presentation: Roxanne Johnston, Planner Reviewed by: Jeff Hintz, Interim Senior Planner (06/10/13)
    • MINUTE RECORD OF THE CITY OF SAN ANGELO PLANNING COMMISSION MEETING HELD ON MONDAY, JUNE 17, 2013 AT 9:00 AM IN THE SOUTH MEETING ROOM OF THE SAN ANGELO CONVENTION CENTER, 500 RIO CONCHO DRIVE, SAN ANGELO, TEXAS PRESENT: Joe Grimes, Bill Lawrence, Valerie Priess, Darlene Jones, Bill Wynne ABSENT: Jennifer Boggs (Resigned) Ryan Smith (AE) STAFF: AJ Fawver, Interim Director of Development Services Jeff Hintz, Interim Senior Planner Kevin Boyd, Planner Roxanne Johnston, Planner I. Call to order and establish that a quorum is present. The Chairman called the meeting to order at 9:04 AM. B. Z 13-21: Clark Wilson A request of a zone change from a combination of General Commercial/Heavy Commercial (CG/CH) and Single-Family Residential (RS-1) to General Commercial (CG) to allow for self-service storage as defined in Section 315.H. of the Zoning Ordinance on the following properties: 3704, 3712 & 3720 North Chadbourne Street, located directly southeast of the intersection of North Chadbourne Street, West 38th Street, and Coliseum Drive and 175 feet northeast of the intersection at North Chadbourne Street and East 37th Street; more specifically occupying approximately 2 acres out of the Mather Addition No. 2; portions of Blocks 11 & 12 including the North 79.45 feet of south 229.45 feet of the west part of Blocks 11 & 12; the north 70.8 feet of South 300.25 feet of the west part of Blocks 11 & 12 and the south 170 feet of north 303 feet of west 318.83 feet of Blocks 11 & 12 in northwest San Angelo. Roxanne Johnston, Planner came forward to present this case consistent with staff's recommendation of approval. 23 notices were sent as required by State Law and the Zoning Ordinance, two of these notices were returned in favor. The subject property has some self service warehouses on it as well and this proposal seeks to expand this use. A portion of this property is currently zoned CG and another portion is zoned RS-1. This proposal seeks to zone the property within one district to have one set of zoning regulations
    • on one property. Ms. Johnston went over some characteristics of the area and noted that this corridor is home to many commercial establishments and as one moves away from North Chadbourne, residential uses and neighborhoods become readily prevalent. A portion of this property is currently vacant and would be included in the expansion of this business. The criteria of approval were covered by staff and in this case, all have been found true to grant this request. The Comprehensive Plan speaks to removal of CG/CH zoning from properties adjacent from neighborhood or residential areas. Darlene Jones asked about flooding on the property as commented in the letter received by staff. Ms. Johnston stated this would be addressed in the platting process or through site plan review. Mr. Grimes asked what might be the most intense use that would be allowed within a CG zone. Mr. Hintz explained that outdoor storage is much more limited and that some types of auto repair are required to have a conditional use within in this zoning district, thus protecting the neighborhood much more than the current zoning can afford. Mr. Wynne asked if there was any way to afford a administrative approval. Mr. Hintz stated that state law required a public hearing since the zoning would be changing a portion of the city ordinance, in this case the zoning map. Clark Wilson, the proponent came forward to speak in favor of the request and stated that he had looked into the storm water and drainage issues on the property. No one else came forward to speak in favor or in opposition of the zone change. Bill Wynne made a motion to approve this request as presented which was seconded by Darlene Jones and passed 5-0.
    • 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: 3704, 3712 & 3720 North Chadbourne Street, located directly southeast of the intersection of North Chadbourne Street, West 38th Street, and Coliseum Drive and 175 feet northeast of the intersection at North Chadbourne Street and East 37th Street; more specifically occupying approximately 2 acres out of the Mather Addition No. 2; portions of Blocks 11 & 12 including the North 79.45 feet of south 229.45 feet of the west part of Blocks 11 & 12; the north 70.8 feet of South 300.25 feet of the west part of Blocks 11 & 12 and the south 170 feet of north 303 feet of west 318.83 feet of Blocks 11 & 12 in northwest San Angelo, changing the zoning classification from a General Commercial/Heavy Commercial (CG/CH) and Single-Family Residential (RS-1) to a General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY RE: Z 13-21: Clark Wilson 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: 3704, 3712 & 3720 North Chadbourne Street, located directly southeast of the intersection of North Chadbourne Street, West 38th Street, and Coliseum Drive and 175 feet northeast of the intersection at North Chadbourne Street and East 37th Street; more specifically occupying approximately 2 acres out of the Mather Addition No. 2; portions of Blocks 11 & 12 including the North 79.45 feet of south 229.45 feet of the west part of Blocks 11 & 12; the north 70.8 feet of South 300.25 feet of the west part of Blocks 11 & 12 and the south 170 feet of north 303 feet of west 318.83 feet of Blocks 11 & 12 in northwest San Angelo shall henceforth be permanently zoned as follows: Commercial General (CG) 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: 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 16th day of July, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 6th day of August, 2013. THE CITY OF SAN ANGELO ____________________________________ Alvin New, Mayor ATTEST: ________________________________ Alicia Ramirez, City Clerk
    • Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
    • City of San Angelo Memo Meeting Date: July 16, 2013 To: Mayor and Council members From: Jeff Hintz, Interim Senior Planner AJ Fawver, AICP Interim Director of Development Services Subject: ordinance for introduction to City Council at meeting on 07-16- 2013 and possibly followed by second reading on 08-06-2013, annexing approximately 24.484 acres located southwest of San Angelo’s existing city limits Location: area encompassing a 24.484 acre 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 proposed Prestonwood Addition, Section Two in the southwest part of the city, as shown in attached exhibit Contacts: AJ Fawver, AICP, Interim Director of Development Services Jeff Hintz, Interim Senior Planner 657-4210 Caption: First Public Hearing and consideration of an Ordinance annexing approximately 24.484 acres situated immediately west/southwest of San Angelo and encompassing a vacant 24.484 acre 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 proposed Prestonwood Addition, Section Two. Summary: City staff was presented with a petition for annexation of the property described above and specifically shown in the attached exhibits. A copy of the petition is also included within the exhibits. The property in question is entirely vacant and situated adjacent to a growing residential subdivision, known as the Prestonwood Addition, located south/southeast of Sam's
    • Club and west of Bonham Elementary School. This subdivision, nearing the completion of its development, was annexed to the city in 2008 and incorporates both traditional single-family residences and zero lot line homes. On March 5, 2013 a vacant 8.995 acre tract was annexed into the City Limits; this particular property subject to this annexation request is directly adjacent to this 8.995 acre tract. A zone change and subsequently was applied for and approved zoning, this 8.995 acres Single-Family Residential (RS-1) from its default of Ranch and Estate (R&E) pursuant to section 303.A of the Zoning Ordinance. A subdivision of this 8.995 acres was approved by the Planning Commission and is currently awaiting for conditions of approval to be met before it may be recorded. By accepting the petition and adopting a calendar of annexation proceedings as prescribed under Chapter 43 of the Texas Local Government Code, City Council initiated a process that may be completed as early as August 6, 2013. annexation calendar (no special meetings needed) first public hearing June 4, 2013 second public hearing June 18, 2013 introduce annexation July 16, 2013 ordinance, on first reading second and final reading August 6, 2013 of annexation ordinance The subject area of proposed annexation is uninhabited and free of any structures. The Local Government Code authorizes cities to annex sparsely occupied areas on petition of the area's landowner(s). This section (43.028) only applies to the annexation of areas that meet the following criteria: (1) is one-half mile or less in width; (2) is within the ETJ (Extra-Territorial Jurisdiction) of the city; (3) is vacant and without residents, or on which fewer than three qualified voters reside; (4) is contiguous to the annexing city. Analysis of Proposed Annexation: It is essential that the foundation statement of the 2009 Comprehensive Plan be considered in context of considering annexations, specifically that: "Rapid land use expansion and recent annexations have affected the identity of the City and established a new development pattern that is fiscally unsustainable."
    • This Plan provides guidance for annexation, many of which are relevant to this scenario. First, the plan establishes a goal stating that the City should "annex areas before extensive development of home sites and business properties occurs, guiding any such development within a framework of municipal regulations on zoning, subdivision, signs, fire prevention and building construction." This excerpt is relevant in this situation, because the area is vacant, and thus, no such development is in place. However, this argument alone is not compelling enough on its own - as vacant property is currently in place outside the city limits all around San Angelo - and should not necessarily be annexed. However, the Subdivision Ordinance requires that development that seeks to utilize San Angelo's water service petition for annexation before such service can be extended. It appears in this case that such a purposeful and specifically-situated tract - in the context that the neighboring property under the same ownership which is developing currently - was created specifically to pursue annexation in order to develop. As such, the second goal outlined in this Plan advises to "balance short-term costs of making measured capital improvements in possible annexation areas with the long-term costs of not annexing these same areas." More specifically, "recognize that determining best areas for annexation involves anticipating realistic potential for development around the urban fringe, annexing the most promising such areas...". It is the intent of the developer to, once annexed, create an extension of the existing residential subdivision in this area, so it appears that the development of this tract is not just realistic, but expected. The Comprehensive Plan goes on to state that it is important to "identify specific areas where...annexation may be useful for incorporating expected new development...within City limits, especially where an infrastructure of water utilities already exists." While the infrastructure is not yet in place for this particular property, it is close by and available for extension via the regulations of the Subdivision Ordinance, which requires that an application for subdivision plat be accompanied by a plan for utilities to serve the area, as was done during the development of the Prestonwood Addition, in 2008. Additional Information: Notification of and request for feedback regarding this proposed annexation was made to:  San Angelo ISD;  Dove Creek VFD;  Tom Green County;  Atmos Energy;  Suddenlink Communication;  AEP Texas;  Trashaway Services; and  Verizon. No responses were received from these parties. Notification of and request for feedback regarding this proposed annexation was made to many internal groups, including the Police, Fire, Water Utilities, Parks, and the Community & Economic Development departments. No comments were received from these parties.
    • The city's obligation to this area, if annexed, is outlined in the attached Service Plan, required as preparation of an annexation ordinance. As discussed above, there are a number of water and sewer mains in existence in this area. A fire station exists along Southland Boulevard, to the east of this annexation area. Streets will be improved in accordance with the Subdivision Ordinance, and will be requirements for approval of land subdivision within this area. There are no capital improvements deemed necessary at this time or in the immediate future. In short, this annexation will result many more services provided to the area - namely maintenance - but in relation to the small size of the area, these should be negligible. Financial Impact: not applicable, yet Recommendation: N/A Attachments: aerial photograph highlighting the subject property; map of existing Fire Station; map of water lines (in blue) and sewer connections (in orange); map of currently improved public roadways and widths; legal description as provided by the applicant, of the proposed area; survey map as provided by the applicant; petition as submitted to City staff; and draft ordinance with service plan. Presentation: AJ Fawver, AICP, Interim Director of Development Services Publication: Hearings for public comment notices for this annexation were published in accordance with the Texas Local Government Code, on May 21, 2013, and again on June 5, 2013.
    • !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( 1 9 63 11 1 2 1 8 2 1 3 4 5 5 1 A 1 SAM'S CLUB ADDITION ELLISON SOUTHWEST FACILITIES ADDITION TWINOAKSADDN. ESTATES COMMUNITY OF FAITH PRESTONWOOD ADDN. PRESTONWOODADDN HE BOULEVARD SAN ANGELO SUMMER CREST DR CORALWAY SHERW OOD W AY AUTUMNWOOD TRL PINON R DGE DR PINON RIDGE DR MILLSPASSDR LEXIN GTON PL KENSIN GTON CRK M ILLS PASS DR M ILLS PASS DR M ILLS PASS DR SOUTHLAND B CORALWAY CORALWAY CORALWAY CORALWAY PPPPP GREEN MEADOW DRGREEN MEADOW DRGREEN MEADOW DRGREEN MEADOW DR SOUTHLANDBLVD SOUTHLANDBLVD SOUTHLANDBLVD SOUTHLANDBLVD SOUTHLAND BLVD WAY WAY WAY WAY WAY £¤67 Property requesting annexation subject property ´ City of San Angelo Planning Division 72 W. College Avenue San Angelo, TX 76903 1 inch = 500 feet COMMERCIAL DISTRICTS RESIDENTIAL DISTRICTS MANUFACTURING DISTRICTS CN (NEIGHBORHOOD COMMERCIAL) CO (OFFICE COMMERCIAL) CG (GENERAL COMMERCIAL) CG/CH (GENERAL COMMERCIAL / HEAVY COMMERCIAL) CH (HEAVY COMMERCIAL) CBD (CENTRAL BUSINESS DISTRICT) OW (OFFICE WAREHOUSE) ----------------------------------------------------------------------------------- PD (PLANNED DEVELOPMENT) R&E (RANCH AND ESTATE) RS-1 (S NGLE-FAMILY RES DENCE) RS-2 (TWO-FAMILY RESIDENCE) RS-3 (ZERO LOT L NE, TWINHOME AND TOWNHOUSE RES DENCE) RM-1 (LOW RISE MULTI-FAM LY RESIDENCE) RM-2 (HIGH RISE MULTI-FAMILY RES DENCE) MHP (MANUFACTURED HOUSING PARK) MHS (MANUFACTURED HOUSING SUBDIVISION) ML (LIGHT MANUFACTUR NG) MH (HEAVY MANUFACTURING) ----------------------------------------------------- CU (CONDITIONAL USE) SP (SPECIAL PERMIT) SU (SPECIAL USE) ZC (ZONE CHANGE) Path: Y:City CouncilANNEXATIONSPRESTONWOOD_ADDITION_2013_MARmaster.mxd Sherwood Way
    • Property requesting annexation subject property ´ City of San Angelo Planning Division 72 W. College Avenue San Angelo, TX 76903 1 inch = 400 feet COMMERCIAL DISTRICTS RESIDENTIAL DISTRICTS MANUFACTURING DISTRICTS CN (NEIGHBORHOOD COMMERCIAL) CO (OFFICE COMMERCIAL) CG (GENERAL COMMERCIAL) CG/CH (GENERAL COMMERCIAL / HEAVY COMMERCIAL) CH (HEAVY COMMERCIAL) CBD (CENTRAL BUSINESS DISTRICT) OW (OFFICE WAREHOUSE) ----------------------------------------------------------------------------------- PD (PLANNED DEVELOPMENT) R&E (RANCH AND ESTATE) RS-1 (S NGLE-FAMILY RES DENCE) RS-2 (TWO-FAMILY RESIDENCE) RS-3 (ZERO LOT L NE, TWINHOME AND TOWNHOUSE RES DENCE) RM-1 (LOW RISE MULTI-FAM LY RESIDENCE) RM-2 (HIGH RISE MULTI-FAMILY RES DENCE) MHP (MANUFACTURED HOUSING PARK) MHS (MANUFACTURED HOUSING SUBDIVISION) ML (LIGHT MANUFACTUR NG) MH (HEAVY MANUFACTURING) ----------------------------------------------------- CU (CONDITIONAL USE) SP (SPECIAL PERMIT) SU (SPECIAL USE) ZC (ZONE CHANGE) Path: Y:City CouncilANNEXATIONSPRESTONWOOD_ADDITION_2013_MARcustom_maps.mxd Fire Station
    • Property requesting annexation subject property ´ City of San Angelo Planning Division 72 W. College Avenue San Angelo, TX 76903 1 inch = 400 feet COMMERCIAL DISTRICTS RESIDENTIAL DISTRICTS MANUFACTURING DISTRICTS CN (NEIGHBORHOOD COMMERCIAL) CO (OFFICE COMMERCIAL) CG (GENERAL COMMERCIAL) CG/CH (GENERAL COMMERCIAL / HEAVY COMMERCIAL) CH (HEAVY COMMERCIAL) CBD (CENTRAL BUSINESS DISTRICT) OW (OFFICE WAREHOUSE) ----------------------------------------------------------------------------------- PD (PLANNED DEVELOPMENT) R&E (RANCH AND ESTATE) RS-1 (S NGLE-FAMILY RES DENCE) RS-2 (TWO-FAMILY RESIDENCE) RS-3 (ZERO LOT L NE, TWINHOME AND TOWNHOUSE RES DENCE) RM-1 (LOW RISE MULTI-FAM LY RESIDENCE) RM-2 (HIGH RISE MULTI-FAMILY RES DENCE) MHP (MANUFACTURED HOUSING PARK) MHS (MANUFACTURED HOUSING SUBDIVISION) ML (LIGHT MANUFACTUR NG) MH (HEAVY MANUFACTURING) ----------------------------------------------------- CU (CONDITIONAL USE) SP (SPECIAL PERMIT) SU (SPECIAL USE) ZC (ZONE CHANGE) Path: Y:City CouncilANNEXATIONSPRESTONWOOD_ADDITION_2013_MARcustom_maps.mxd
    • Property requesting annexation subject property ´ City of San Angelo Planning Division 72 W. College Avenue San Angelo, TX 76903 1 inch = 400 feet COMMERCIAL DISTRICTS RESIDENTIAL DISTRICTS MANUFACTURING DISTRICTS CN (NEIGHBORHOOD COMMERCIAL) CO (OFFICE COMMERCIAL) CG (GENERAL COMMERCIAL) CG/CH (GENERAL COMMERCIAL / HEAVY COMMERCIAL) CH (HEAVY COMMERCIAL) CBD (CENTRAL BUSINESS DISTRICT) OW (OFFICE WAREHOUSE) ----------------------------------------------------------------------------------- PD (PLANNED DEVELOPMENT) R&E (RANCH AND ESTATE) RS-1 (S NGLE-FAMILY RES DENCE) RS-2 (TWO-FAMILY RESIDENCE) RS-3 (ZERO LOT L NE, TWINHOME AND TOWNHOUSE RES DENCE) RM-1 (LOW RISE MULTI-FAM LY RESIDENCE) RM-2 (HIGH RISE MULTI-FAMILY RES DENCE) MHP (MANUFACTURED HOUSING PARK) MHS (MANUFACTURED HOUSING SUBDIVISION) ML (LIGHT MANUFACTUR NG) MH (HEAVY MANUFACTURING) ----------------------------------------------------- CU (CONDITIONAL USE) SP (SPECIAL PERMIT) SU (SPECIAL USE) ZC (ZONE CHANGE) Path: Y:City CouncilANNEXATIONSPRESTONWOOD_ADDITION_2013_MARcustom_maps.mxd Mills Pass Drive 50 feet ROW 40 feet pavement
    • AN ORDINANCE ANNEXING INTO THE CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS, ON PETITION OF PROPERTY OWNERS, TERRITORY GENERALLY DESCRIBED AS 24.484 ACRES LOCATED WEST/SOUTHWEST OF THE CITY EXTENDING NORTHWEST FROM MILLS PASS DRIVE BEING ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF SAN ANGELO; DESCRIBING THE TERRITORY ANNEXED; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING FOR AMENDMENT OF THE BOUNDARIES AND OFFICIAL MAP OF THE CITY; APPROVING A SERVICE PLAN THEREFORE; SUBJECTING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS DUTIES AND RESPONSIBILITIES OF INHABITANTS AND OWNERS OF SAID TERRITORY; DIRECTING NOTICE TO SERVICE PROVIDERS; DIRECTING PRECLEARANCE; PROVIDING A SEVERABILITY CLAUSE; DECLARING COMPLIANCE WITH OPEN MEETINGS ACT; AND, PROVIDING AN EFFECTIVE DATE WHEREAS, the City of San Angelo, Texas is a home-rule municipality authorized by State law and the City Charter to annex territory lying adjacent and contiguous to the corporate limits of said City of San Angelo, Texas; and WHEREAS, pursuant to Texas Local Government Code, Section 43.028, all of the owners of a tract of land containing 24.484 acres extending northwest from Mills Pass Drive, Tom Green County, Texas, located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprised the Prestonwood Addition, Section Two, more fully described in Exhibit “A”, attached hereto and made a part hereof for all purposes (hereinafter the “Area” or “Territory”), have petitioned the City Council in writing to annex the Area into the corporate limits of the City of San Angelo; and, WHEREAS, the Area is (a) one-half mile or less in width; (b) contiguous to the City; and (c) vacant and without residents; and, WHEREAS, three public hearings on the annexation have been held, the first on June 4th of 2013, the second on June 18th of 2013, and the third on July 16th 2013 as required by law and at San Angelo’s McNease Convention Center, where all interested persons were provided an opportunity to be heard on the proposed annexation of property and territory hereinafter described; and WHEREAS, all notices have been issued as required by law and all public hearings have been held within the time required by law pursuant to notices duly posted and published; and WHEREAS, the City Council accepted the Petition Requesting Annexation by Area Landowners, and directed Planning staff to proceed with the proposed annexation schedule, at a regularly held meeting of the City Council on May 14, 2013; and,
    • WHEREAS, a service plan has been prepared that provides for the extension of appropriate municipal services into the area hereinafter described, which plan is attached hereto, and the City of San Angelo is able to provide such services; and WHEREAS, the hereinafter described property and territory is not within the boundaries of any other municipality, lies within the extraterritorial jurisdiction of the City of San Angelo, Texas, and lies adjacent to and adjoins the present boundaries of the City of San Angelo; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO; TEXAS: Section 1. Findings of Fact. All of the above premises are hereby found to be true and correct and are incorporated into the body of this ordinance as if fully set forth; and all required legal conditions for annexation have been met. Section 2. Annexation. The Territory described in Exhibit “A”, attached hereto and incorporated herein for all purposes, said Territory lying adjacent to and contiguous with the present boundaries of the City of San Angelo, Texas, be and is hereby added and annexed into the City of San Angelo, Texas, and said Territory shall hereafter be included within the corporate limits of the City of San Angelo, and the present boundary lines of said City, at various points contiguous with the Area annexed, are hereby altered, extended and amended so as to include said Area within the corporate limits of the City of San Angelo, Texas. Section 3. Amendment of Boundaries and Official Map of City. The official map and boundaries of the City of San Angelo, Texas, heretofore adopted and amended, shall be and are hereby amended so as to include the aforementioned annexed Territory as part of the City of San Angelo, Texas. Section 4. Service Plan. The service plan attached hereto as Exhibit “B” is hereby approved and is incorporated herein for all purposes. The City of San Angelo makes an affirmative determination that this service plan provides for the extension of services to the annexed Territory which are comparable to other areas within the City of San Angelo with similar land utilization, population density and topography. It is further found that those characteristics of land use, population density and topography which distinguish this Territory from other areas of San Angelo are considered a sufficient basis for providing a different level of services in the annexed Territory. Section 5. Pro rata Share of Taxes. The annexed Territory being a part of the City of San Angelo for all purposes, the property situated therein shall bear its pro rata part of taxes levied by the City of San Angelo; and, Section 6. Rights, Privileges and Duties of Inhabitants. The inhabitants of the annexed Territory shall be entitled to the rights and privileges of the other citizens of the City of San Angelo and shall be bound by the Charter, Ordinances, Resolutions and other regulations of the City of San Angelo. Section 7. Filing of Ordinance and Preclearance. The City Clerk is hereby directed to file a certified copy of this Ordinance with the County Clerk of Tom Green County, Texas, the Voting
    • Registrar of Tom Green County, the Tom Green County Appraisal District, The Texas Secretary of State, and the Texas Comptroller of Public Accounts in the manner required by law. The City Secretary is further directed to notify any service providers of services in the annexed Area and to submit preclearance of the annexation with the United States Department of Justice pursuant to State law and the federal Voting Rights Act. Section 8. Severability. If any part, provision, section, subsection, sentence, clause or phrase of this ordinance (or the application of same to any person or set of circumstances) is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining parts of this ordinance (or their application to other persons or sets of circumstances) shall not be affected thereby, it being the intent of City Council in adopting this ordinance, that no part thereof or provision contained herein shall become inoperative or fail by reason of any unconstitutionality of any other part hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 9. Open Meeting Act Compliance. The City Council for the City of San Angelo hereby finds and declares that the meetings at which this ordinance was introduced and finally passed were open to the public as required by law and that public notice of the time, place and purpose of said meetings was given as require by the Open Meetings Act, Chapter 551 of the Texas Government Code. Section 10. Effective Date. This ordinance will become effective sixty (60) days from and after its adoption. INTRODUCED on the 16th day of July, 2013, and finally PASSED, APPROVED AND ADOPTED on this the 6th day of August, 2013. THE CITY OF SAN ANGELO by:______________________________________ Dwain Morrison, Mayor ATTEST: by:_________________________________ Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM A. J. Fawver, AICP Planning Manager Lysia H. Bowling, City Attorney
    • Exhibit A
    • Exhibit "B" Plan for extension of municipal services to an area described as follows: 24.484 acres of land out of the South 1/2, Deaf and Dumb Asylums Lands Survey No. 2, Abstract No. 8211, Tom Green County, Texas, and said 24.484 acre tract also being out of that certain 74.106 acre tract described and recorded as Instrument No. 641530, Official Public Records of Real Property in Tom Green County, Texas annexed to the City of San Angelo on August 6, 2013. SERVICES PROVIDED ON THE EFFECTIVE DATE OF ANNEXATION: 1. POLICE PROTECTION The City of San Angelo, Texas and its Police Department will provide police protection to the newly annexed territory at the same or similar service now being provided to other areas of the City of San Angelo, Texas which exhibit land use and population densities similar to that of the newly annexed area. 2. FIRE PROTECTION AND EMERGENCY MEDICAL SERVICE The City of San Angelo, Texas and its Fire Department will provide fire protection and emergency medical service to the newly annexed territory at the same or similar level of service now being provided to other areas of the City of San Angelo, Texas which exhibit land use and population densities similar to that of the newly annexed area. Furthermore, the City of San Angelo Fire Department will respond to all dispatched calls (including those for emergency medical services) and other requests for service or assistance within the newly annexed area, the same as it would within other areas inside the City limits of San Angelo. 3. SOLID WASTE COLLECTION At the present time, the City of San Angelo, Texas is utilizing a designated, specific contractor for collection of solid waste and refuse within the City limits of San Angelo. Such contract for solid waste collection is with Trashaway Services, Incorporated. Upon payment of required deposits and agreement to pay lawful service fees and charges, solid waste collection will be provided to all residents, businesses and other users of property in the newly annexed area, to the extent the City’s contractor has access to such property requested to be serviced. 4. MAINTAINING WATER AND WASTEWATER FACILITIES During the next 3 years, the City Council of the City of San Angelo, Texas will make arrangements to extend water mains, to serve the newly annexed area. The City Council for the City of San Angelo, Texas believe that adequate sewer mains exist for point-of-use connection and serviceable extensions, to provide sewer service within the newly annexed
    • territory, extending such mains pursuant to applicable utility extension policies and/or ordinances of the City of San Angelo, now existing or as such polices and/or ordinances may be amended. 5. MAINTAINING ROADS, STREETS AND ALLEYWAYS Any and all roads, streets or alleyways which have been dedicated to the public shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in areas with similar land use, population density and topography. Municipal maintenance of properly dedicated roads, streets and alleyways (which may be installed by developers of land within this newly annexed territory) will be consistent with such maintenance provided by the City of San Angelo to other roads, streets and alleyways in areas exhibiting land use, population densities and topography similar to that of the newly annexed area. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable electric utility company (or companies) servicing the City of San Angelo, Texas, pursuant to applicable rules, regulations and fees of such applicable utility (or utilities). 6. MAINTAINING PARKS, PLAYGROUNDS AND SWIMMING POOLS The City Council of the City of San Angelo, Texas is not aware of the existence of any parks, playgrounds or public swimming pools now located in the newly annexed territory. In the event any such parks, playgrounds or swimming pools do exist and are public facilities, the City of San Angelo shall maintain such areas to the same extent and degree that it maintains parks, playgrounds and swimming pools and other similar municipal facilities now incorporated in the City of San Angelo, Texas. 7. MAINTAINING OTHER PUBLICLY-OWNED FACILITIES OR BUILDINGS The City Council of the City of San Angelo, Texas is not aware of the existence of any publicly-owned facility or building now located in the area proposed for annexation. In the event any such publicly-owned facility or building does exist and are public facilities or buildings, the City of San Angelo shall maintain such facilities or buildings to the same extent and degree that it maintains similar municipal facilities and buildings now incorporated in the City of San Angelo, Texas. CONSTRUCTION OF CAPITAL IMPROVEMENTS TO BEGIN WITHIN 3 YEARS FOLLOWING THE EFFECTIVE DATE OF ANNEXATION: 1. POLICE PROTECTION, FIRE PROTECTION, EMERGENCY MEDICAL SERVICES AND/OR SOLID WASTE COLLECTION
    • The City Council of the City of San Angelo, Texas finds and determines it to be unnecessary to acquire or construct any capital improvement within 3 years following the effective date of annexing the subject territory, for the purpose of providing police and fire protection, emergency medical services and/or solid waste collection. The City Council finds and determines that it has at the present time adequate facilities to provide comparable levels of protection and service to what is presently being provided to other areas already incorporated in the City of San Angelo, Texas, having the same or similar land use, population density and topography as that of the newly annexed territory. 2. WATER AND WASTEWATER FACILITIES During the next 3 years, the City Council of the City of San Angelo, Texas believes that adequate municipal water and sewer mains exist for point-of-use connections and serviceable extensions, to provide both water and sewer service within the newly annexed territory, pursuant to applicable utility extension policies and/or ordinances of the City of San Angelo, now existing or as such policies and/or ordinances may be amended. 3. ROADS AND STREETS Developers of land within the newly annexed territory will be required to provide internal streets (and to improve peripheral or boundary streets) in accordance with applicable ordinances of the City of San Angelo, and such street improvements shall comply with specifications required by the City of San Angelo, for properly dedicated streets. Within 3 years following the effective date of annexation, the City of San Angelo, Texas, with a cooperative effort by the City’s designated electric utility company (or companies), will undertake to provide the same degree of road and street lighting as is provided in areas of similar land use, population and topography already existing within the present corporate limits of the City of San Angelo, Texas. 4. PARKS, PLAYGROUNDS AND SWIMMING POOLS, AS WELL AS OTHER PUBLIC FACILITIES OR BUILDINGS To the extent that it becomes necessary because of development demands, population growth and bona fide needs, the City Council of the City of San Angelo, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of citizens in the newly annexed territory, based upon standard considerations of land use, population density and topography. SPECIFIC FINDINGS: The City Council of the City of San Angelo, Texas finds and determines that this Service Plan will not provide any fewer services nor will it provide a lower level of service, in the newly annexed territory, than were in existence at the time immediately preceding this territory’s annexation to the City of San Angelo, Texas.
    • AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 11, ARTICLE 11.200 “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY AMENDING SUBPART (d) ENTITLED “WATER SUPPLY STAGE- DROUGHT LEVEL I”, OF SECTION 11.203 “DROUGHT STAGES AND WATER MANAGEMENT MEASURES” TO LIMIT WATERING OF LAWNS, GARDENS, LANDSCAPE AREAS, TREES, SHRUBS, GOLF COURSES (EXCEPT GREENS) OR OTHER PLANTS BEING GROWN OUTDOORS TO ONCE EVERY SEVEN DAYS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF SAN ANGELO, TEXAS, THAT: Section 1. THAT, Chapter 11, “Utilities & Solid Waste”, Article 11.200 “Water Conservation and Drought Contingency Plan” of the Code of Ordinances of the City of San Angelo, Section 11.203 “Drought Stages and Water management Measures”, subpart (d) “Water Supply Stage-Drought Level I”, is hereby repealed in its entirety and a new subpart (d) entitled “Water Supply Stage-Drought Level I” of said Section 11.203 is hereby adopted to read as follows: Section 11.203. Drought Stages and Water Management Measures, subpart (d): “(d) Water Supply Stage - Drought Level I. (1) The minimum criteria for this drought stage shall be the following. The total amount of water available, as determined by the water utilities director, to the city from its developed water sources is less than a 24- month supply. (2) In addition to the conservation measures stated in Section 11.202 of this article, the following additional water conservation measures shall be in force during Water Supply Stage - Drought Level I. (A) The use of treated or raw city water for watering lawns, gardens, landscape areas, trees, shrubs, golf courses (except greens) or other plants being grown outdoors (not in a nursery) shall be prohibited at all times provided however a person may do such watering which shall be once twice every seven days during the period of April 1 through October 31 and once every 14 days during the period of November 1 through March 31 except during the “prohibited watering hours” as stated in Section 11.202.
    • (B) Golf courses greens may be watered daily except during the “prohibited watering hours” as stated in Section 11.202. (C) Watering of “new landscape” shall be allowed in accordance with the provisions as stated in Section 11.202 for “new landscape.” (3) A fee shall be charged for water usage in the amounts as set forth below. This fee shall be in addition to the standard fee charged for water usage and shall be in lieu of the “excessive usage fee” as defined in Section 11.202. (A) For single-family residential accounts, an additional fee of $2.00 per 1,000 gallons shall be charged for all usage from 25,000 thru 34,000 gallons during a billing period, an additional fee of $3.50 per 1,000 gallons shall be charged for all usage from 35,000 thru 44,000 gallons during a billing period, and an additional fee of $6.00 per 1,000 gallons shall be charged for all usage over 44,000 gallons during a billing period. Usage on a single-family residential account shall be the total usage at the address which is determined by adding together the usage on the meter supplying the residence and the usage on the meter(s) supplying water to the landscape watering system. (B) For all landscape meters, except those at single family residences, schools, colleges, parks, cemeteries, golf courses or athletic facilities; an additional fee of $2.00 per 1,000 gallons shall be charged for all usage from 75,000 thru 94,000 gallons during a billing period, an additional fee of $3.50 per 1,000 gallons shall be charged for all usage from 95,000 thru 114,000 gallons during a billing period, and an additional fee of $6.00 per 1,000 gallons shall be charged for all usage over 114,000 gallons during a billing period.” Section 2. THAT, the terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance
    • Section 3. THAT, this Ordinance shall be effective on the date of its adoption. INTRODUCED on the 16th day of July, 2013, and finally PASSED, APPROVED and ADOPTED on this the 6th day of August, 2013. CITY OF SAN ANGELO ATTEST: BY: Dwain Morrison, Mayor By: Alicia Ramirez, City Clerk
    • City of San Angelo Memo Date: July 18, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Agenda Item for August 6, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: Second Hearing and consideration of adopting an Ordinance amending Chapter 11, Article 11.200 “Water Conservation and Drought Contingency Plan” of the Code of Ordinances, City of San Angelo. AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 11, ARTICLE 11.200 “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY AMENDING SECTION 11.203 “DROUGHT STAGES AND WATER MANAGEMENT MEASURES” TO LIMIT WATERING OF LAWNS, GARDENS, LANDSCAPE AREAS, TREES, SHRUBS, GOLF COURSES (EXCEPT GREENS) OR OTHER PLANTS BEING GROWN OUTDOORS TO ONCE EVERY SEVEN DAYS PROVIDING FOR SEVERABILITY; PROVIDING COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; AND, PROVIDING FOR AN EFFECTIVE DATE. Summary: During the July 2, 2013 City Council meeting, Council requested to amend the Drought Level I of the current Water Conservation and Drought Contingency Plan to limit outside watering to once every seven days during the period of April 1 through October 31. The ordinance currently states that outside water is limited to twice every seven days during the period of April 1 through October 31 during Drought Level I. History: The first public hearing of the proposed Ordinance change was during the July 16, 2013 City Council meeting. Council also voted to approve this proposed Ordinance change during the same meeting. Financial Impact: Other Information/Recommendation: Attachments: Ordinance Presentation: Presented by Ricky Dickson. Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, July 18, 2013.
    • Adopted: 5/30/03 Revised: 6/21/10 City of San Angelo Memo Date: July 19, 2013 To: Mayor and Council Members From: Carl White, Parks and Recreation Director Subject: Agenda Item for August 6, 2013 Council Meeting Contact: Carl White, 234-1724 Caption: Regular Item Presentation on the Friends of Fairmount Cemetery Master Plan and consideration of the approval of any matters related thereto. Summary: At the Mayor’s request, the Friends of Fairmount and City Staff are presenting the basic findings of the Master Plan to the new City Council. The plan was adopted on July 12, 2012. Friends of Fairmount engaged the services of Komatsu Architecture of Fort Worth, Texas, to research and prepare the plan. To meet the future burial needs for the City of San Angelo as well as enhance the ceremonial experience, the Friends of Fairmount and the Fairmount Cemetery Board envisioned a long-range plan that would: • optimize the economic and physical longevity of the cemetery, • utilize sustainable features and trends, • embrace the future prospects of the cemetery as a significant historic city park space and • identify and prioritize potential capital improvement projects. To meet these goals, the master plan proposes the addition of columbaria for more burial space, new and remodeled buildings and features, enhanced landscaping along view corridors, technological and convenience concepts to enhance the visitor experience, and the establishment of an architectural theme for all future improvements. Six architectural concepts are presented for both existing and proposed cemetery features and structures: • main entrance feature, • columbaria, • restroom facility, • gazebo, • St. Francis area and • Multi-use building and maintenance facility. In addition to the architectural concepts, a tree survey and narrative is included to help
    • manage the landscape. The Master Plan will provide us with an official road map to follow to meet the identified goals. History: On August 18, 2009, after hearing a presentation from the Friends of Fairmount regarding needed improvements to the cemetery, City Council directed that a master plan be conducted for Fairmount Cemetery. The City was unable to fund the commissioning of the plan, so the Friends of Fairmount raised the funds through donations and grants in the amount of $46,000.00 and commissioned the plan in April 2011. The plan was completed in June 2012. City Council adopted the plan on July 12, 2012. Financial Impact: Details will be presented at the meeting however, support for development of phase I of the improvements recommended in the plan are estimated to cost $566,667. Phase I improvements would cost an estimated $5,000 to maintain annually and bring in an estimated $60,000 in revenue annually. Related Vision Item (if applicable): This item is supported by the Successful Neighborhood and Community Appearance Visions. Other Information/ Recommendation: The Friends of Fairmount Cemetery recommend that City Council support the development of Phase I of the proposed improvements. Attachments: Fairmount Cemetery Master Plan Presentation: Verbal and PowerPoint. Publication: N/A Reviewed by Director: Rick Weise, Assistant City Manager, July 21, 2013 Approved by Legal: N/A
    • FAIRMOUNT C E M E T E R Y MASTER PLAN July 2, 2012
    • Fairmount Cemetery Master Plan2 Acknowledgments 3 Introduction 5 Summary 6 Process 7 Existing Site Plan 8 Overall Master Plan 9 Concepts Main Entrance Feature 11 Columbaria 14 Restroom Facility 19 Gazebo 22 St. Francis Area 24 Multi-Use Building 27 and Maintenance Facility Recommendations and Phasing 31 Statement of Probable Cost 32 Tree Summary and Narrative 41 Table of Contents
    • 3Fairmount Cemetery Master Plan Friends of Fairmount 2012 Board of Directors Kay Rork President Cora McGowan Vice President Ann West Secretary Sharon Alexander Treasurer Susan Ball Candice Brewer Mary Chatfield Amy Deadman Barbara Hesse Gerron Hite Amanda Hooker Walter Noelke Bob Paschal Robert (Rob) Rainey Martha Visney Ex-officio Members: Susan Mertz Immediate Past Pres. Bitsy Stone Membership, Web page Beverly Stribling President, Fairmount Cemetery Board Staff Liaisons: Carl White Dir., Parks and Rec. Dept. Oscar Mota Cemetery Supervisor, Komatsu Architecture wishes to thank the following people for their help in organizing, developing, and information gathering for this Fairmount Cemetery Master Plan. Fairmount Cemetery 2012 Board of Directors Beverly Stribling President Eva Horton Vice President Katie Johnson Secretary Carolyn Cargile Donna Crisp Chris Holt Jean Johnson Jackie Martin Eva Moutos-Choate Mary Jane Steadman Bitsy Stone Ann West Angela Williams Susan Williams Ex-officio Members: Kay Rork President, Friends of Fairmount Staff Liaisons: Fairmount Cemetery Oscar Mota Cemetery Supervisor City of San Angelo Carl White Dir., Parks and Rec. Dept. Consultant Team: Komatsu Architecture: Karl Komatsu Les Edmonds Chris Steele RVi Landscape Architecture: Mark Smith Renderings by: Robin Frye Acknowledgments
    • Fairmount Cemetery Master Plan4 Underwriters Mary Ellen Kent Bunyard Foundation San Angelo Health Foundation Donors Sharon and John Alexander Carolyn Cargile City Lumber Donna and Richard Crisp Valery and Robert Frank Brenda and Ken Gunter Eva and Lee Horton Jamie Huffman Madolyn and Mort Mertz Susan and Mort Mertz Virginia and Walter Noelke Kay and Louis Rork Anne B. Shahan Bitsy and Hugh Stone Beverly and Ben Stribling Ann and John West Sponsors Eva and Guy Choate Kay and Chase Holland Jean and Jim Johnson Jackie and Terry Martin Cora and Wally McGowan Martha and Robert Visney Susan and Lawrence Williams Brenda and Bryant Williams Photographs provided by Jackie Martin Mary Jane Steadman Editing Services provided by Laura Behrens The Friends of Fairmount and Fairmount Cemetery Board would like to thank the following for funding the development of this Master Plan: Acknowledgements
    • 5Fairmount Cemetery Master Plan Introduction Fairmount Cemetery is San Angelo’s 119 year old, city owned cemetery. The Friends of Fairmount (FOF) was established in 2005 as a non-profit, auxiliary group supported by over 400 community members. The Fairmount Cemetery Board (FCB) oversees the cemetery’s operations and maintenance along with the cemetery staff employed by the city. The FOF and the FCB felt a Master Plan was important at this time to assess and define the cemetery’s physical, economic, and longevity needs and to suggest improvements for meeting those needs in ways which not only maintain Fairmount’s historical significance but also extend its economic life. The FOF engaged the services of Komatsu Architecture, a Texas firm specializing in historic cemeteries, in April 2011 to research and prepare a Master Plan for Fairmount Cemetery. Komatsu Architecture suggested the addition of the Austin-based landscape architecture firm of RVi to identify the cemetery’s predominate tree species and provide an assessment of the overall landscape health. Fairmount was established in 1893 and over the years grew to the current size of 56 acres. It is a perpetual care cemetery and is designated as a Texas Historic Cemetery by the Texas Historical Commission. In 1930, the cemetery was deeded to the City and placed under the supervision of the Parks Commission. Within the cemetery are areas identified as Pleasant View, Independent Order of Odd Fellows, Greek Orthodox Cemetery, as well as unidentified remains originally interred at the old City Cemetery. The cemetery has almost 2,000 feet of street frontage on West Avenue N. It is bordered on the west by the Calvary Cemetery which was also established in 1893 and is owned by the Catholic Diocese of San Angelo. The Angelo State University intramural fields are located to the south, and the university’s physical plant occupies the property to the southwest. Various light commercial properties are located to the east. Over 33,000 persons are buried in Fairmount. An archeological survey performed in 2006 located 575 available grave sites on the property bringing the total empty individual plots to 612. The cemetery holds approximately 100 funeral services each year.
    • Fairmount Cemetery Master Plan6 Summary To meet the future burial needs for the City of San Angelo as well as enhance the ceremonial experience, the FOF and FCB envisioned a long-range plan that would: ▪▪ Optimize the economic and physical longevity of the cemetery ▪▪ Utilize sustainable features and trends ▪▪ Embrace the future prospects of the cemetery as a significant historic city park space ▪▪ Identify and prioritize potential capital improvement projects To meet these goals, the Master Plan proposes the addition of a columbaria for more burial space, new and remodeled buildings and features, enhanced landscaping along view corridors, techno- logical and convenience concepts to enhance the visitor experience, and the establishment of an architectural theme for all future improvements. Based on discussions with participants in the Master Plan process and Komatsu Architecture’s analysis of the existing conditions, six architectural concepts are presented for both existing and proposed cemetery features and structures: ▪▪ Main Entrance Feature ▪▪ Columbaria ▪▪ Restroom Facility ▪▪ Gazebo ▪▪ St. Francis Area ▪▪ Multi-Use Building and Maintenance Facility In addition to the architectural concepts, a tree survey and narrative is included to help manage the landscape. The Master Plan establishes an architectural theme based on the features and details found on the gazebo: ▪▪ Buff colored brick ▪▪ Green glazed clay barrel tile roofing ▪▪ Cast stone ▪▪ Stucco ▪▪ Exposed timber ▪▪ Arches
    • 7Fairmount Cemetery Master Plan Process The FOF hosted a design charrette in 2007 which identified the historic signif- icance and needs of the cemetery as well as recommendations for its future. The comprehensive, three-day exploration focused on Fairmount’s past and potential. The 2007 charrette highlighted the following: Fairmount Cemetery importance: ▪▪ Youth outreach ▪▪ Knowledge base of local history ▪▪ Event celebration ▪▪ Collaboration opportunities Fairmount Cemetery needs: ▪▪ Comprehensive landscape plan ▪▪ Sustainability Recommendations: ▪▪ Establish design guidelines ▪▪ Relocate the main entrance and traffic flow ▪▪ Build a columbarium ▪▪ Build a chapel / public facility ▪▪ Provide public restrooms ▪▪ Create a water source for wildlife In 2011, the Master Plan process began with Komatsu Architecture analyzing the information presented in the charrette. Based on this analysis, research, and investigations of the existing conditions, FOF and City Staff determined the following concepts should be included in the Master Plan: ▪▪ Address safety issues at the present main entrance on West Avenue N ▪▪ Find a location for columbaria ▪▪ Find a location for a chapel/large gathering/multi-use building ▪▪ Provide a location for restroom facilities ▪▪ Provide a water feature at the St. Francis statue and enhance the landscaping in the triangle at Block 84 Based on these five conceptual elements, Komatsu developed the Master Plan. Komatsu developed an architectural theme for each of the concepts presented. For this very important aspect of the Master Plan, the designers looked to the cemetery Gazebo for inspiration. The Gazebo was built in 1911 and lies on an axis with the main entrance and at the heart of the cemetery. The simple and elegant structure was designed in the Italian Renaissance style made popular in America from the mid-1800’s and early 1900’s. The restrained detailing includes bracketed eaves, round top arches, cast stone trim, stucco, interleaved brick detailing, and a barrel clay tile roof.
    • Fairmount Cemetery Master Plan8 Existing Site Plan Administration Building ASU Physical Plant Gazebo Maintenance Facility West Avenue N Main Entrance ASU Intramural Fields Calvary Cemetery St. Francis Statue Storage Shed Block 84
    • 9Fairmount Cemetery Master Plan Overall Master Plan
    • Fairmount Cemetery Master Plan10
    • 11Fairmount Cemetery Master Plan Main Entrance Feature The current main entrance is well positioned as the primary approach to the cemetery because of its close proximity to the administrative office, West Avenue N and the direct axis to the Gazebo on the tree-lined drive. Both the links to the administrative office and the Gazebo offer visitors landmarks to help orient them to the cemetery layout. Several features should be considered to address safety issues for cars exiting the cemetery. The gates should be relocated at least 25 feet south of West Avenue N with curb radii of at least 30 feet. This will allow cars more room to maneuver and increase the site lines to oncoming traffic. The full extent of this relocation will be based on the proximity of nearby grave sites and the completion of a site topography and utility survey. No traffic light, stop, or yield sign is suggested for this location because of the limited amount of traffic exiting and entering the cemetery; however, provisions for accent pavers extending across West Avenue N will help identify this intersection to oncoming motorists. The addition of a new sidewalk at the curb in front of the entrance would contribute to improved safety and heighten awareness of the entrance. A broader and more prominent façade element with signage, lighting, and native landscaping will create an identifying focal point and provide an entrance that is helpful, safe, and beautiful. The architectural theme of the Entrance Feature and other new additions to the cemetery are elements taken from the existing Gazebo. The theme blends brick and cast stone as well as larger scale honed limestone forming the arches. The Entrance Feature should include lighting elements for safety, identity, and aesthetics. The landscaped areas will provide opportunities for low native and drought tolerant plants to further enhance the identity of the cemetery. Prominent signage and ample space for the Texas Historical Commission medallion designating the cemetery as a Texas Historic Cemetery will also be provided. In addition to identifying the ingress and egress point to the cemetery, this feature also sets the tone for the overall cemetery experience, one of permanence, stability, and civic pride.
    • Fairmount Cemetery Master Plan12 Main Entrance Feature
    • 13Fairmount Cemetery Master Plan Main Entrance Feature
    • Fairmount Cemetery Master Plan14 A columbarium is a vault with niches for cinerary urns. There are many manufac- turers of columbarium niches. The niches are generally constructed of pre-cast concrete and are offered in a variety of configurations. The concept for the Fairmount Columbaria is a linear path using a 4-niche-high by 9-niche-wide pattern. The pre-manufactured vaults will be placed on a concrete foundation. Exterior cladding materials will be installed on site. Columbaria
    • 15Fairmount Cemetery Master Plan Columbaria When Fairmount was established over 100 years ago, fewer than one in one hundred of all deaths used cremation. In 2006 about one-third of deaths in the U.S. used cremation as the burial option. This national rate continues to climb and is expected to reach one-half by 2025. Cremain burials increased significantly at Fairmount Cemetery in 2011, reflecting this nationwide increase. Some factors contributing to this trend are: ▪▪ Economic hardships that create a need for less expensive burials ▪▪ More cemeteries offering columbarium burials ▪▪ Acceptance of cremation by more religions ▪▪ Increased receptivity to non-traditional burial ceremonies ▪▪ Fewer people with reserved spaces in family burial plots ▪▪ Heightened environmental awareness about full body burial and land use Komatsu Architecture found an appropriate location for building columbaria structures by closing three east-west cross drives. This location provides for a three-phased construction effort, allowing time for fund-raising and budgeting. This location also allows north-south car access to remain open; east-west drive closures will not adversely affect traffic patterns. The columbaria location in the cemetery is easily found southwest of the Gazebo off the primary entrance drive. It offers areas for privacy and reflection. The plan includes landscaped pathways with benches and locations for accessible parallel parking. The material selections for the columbarium include honed natural limestone pilasters with cast stone copings. The columbarium niches will be faced with marble or granite held in place with brass or stainless steel fittings. The plan envisions space for 6 two-sided columbaria with a total niche count of 1,296 and the potential to generate revenue. Trees will be added to provide shade, and perennial planting beds will be placed to accent the decomposed granite or other porous material pathways and seating areas.
    • Fairmount Cemetery Master Plan16 Columbaria
    • 17Fairmount Cemetery Master Plan Columbaria
    • Fairmount Cemetery Master Plan18
    • 19Fairmount Cemetery Master Plan Public restrooms were identified as a need in the 2007 design charrette. This need was reinforced in the more recent discussions with the FOF and FCB. There is a non-accessible restroom facility within the cemetery which is not well identified, nor is it constructed to current code standards. This cinder block building offers little opportunity for reuse; however, the site is centrally located and therefore a good candidate for a new structure. The Master Plan proposes that this building be demolished and a new accessible restroom facility be constructed. The site offers enough space to include a storage room as well as two parking spaces. Restroom Facility Architectural elements from the Gazebo will be incorporated into the design of the Restroom Facility. The Restroom Facility will also incorporate a breezeway design linking the parking spaces to the grave sites. The breezeway will lend itself to the use of exposed timber roof framing. This breezeway will also provide additional opportunities for natural ventilation into the toilet rooms. The exterior walls will consist of a buff brick wainscot capped by cast stone with stucco extending to the roof rafters. Translucent glazed arched windows will be used to provide natural light into the interior. A green glazed clay barrel roof will be used on the roof. Sustainable features of the Restroom Facility will include a well insulated wall and roof system, low-water use plumbing fixtures, occupancy-sensor lights, natural ventilation and lighting, pervious paving, and generous roof overhangs for shading. Landscaping materials will be selected from the region and will be drought tolerant. New trees will be locally selected and positioned for optimal shading. Capturing and collecting rainwater from the roof to use for drip irrigation should also be considered. Criteria for a LEED® Silver rating will be the design and construction goal for the Restroom Facility.
    • Fairmount Cemetery Master Plan20 Restroom Facility
    • 21Fairmount Cemetery Master Plan Restroom Facility
    • Fairmount Cemetery Master Plan22 The Gazebo is the focal point of the entire cemetery and is the first landmark that the visitor encounters. The Master Plan suggests capitalizing on this location by better defining the roundabout surrounding it. Because of the relationship to the main entrance, the Gazebo lends itself to being the main orientation feature. The Gazebo also offers the most appropriate location for an electronic grave site locator. The expanded roundabout will allow the cemetery visitor the opportunity to park and enter the Gazebo to use the grave site kiosk. In addition to parking, the roundabout will include enhanced landscaping, seating area, and sites for memorials or public art. As noted throughout the Master Plan, the architectural elements already established by the Gazebo will be used as the basis for the design features of the other cemetery concepts. Cemetery grave site locator kiosks provide a way of displaying a cemetery map along with burial information and grave locations. Kiosks are constructed with durable materials, are weather resistant, and provide easy access for handicapped persons. A list of people and a map of the cemetery plots will allow visitors to easily find their friends and family. The computer touch screen digital kiosks are the most advanced, expandable, and dynamic directories. These directories are run from a computer, are housed in the kiosk structure, and use a touch screen and a software program that will search and navigate through the cemetery’s information. The program displays cemetery maps and locations of graves as well as personal photos, obituaries and genealogy information. Gazebo
    • 23Fairmount Cemetery Master Plan Gazebo
    • Fairmount Cemetery Master Plan24 St. Francis Area The current setting of the St. Francis statue offers the cemetery visitor a shady place with an atmosphere of serenity and contemplation. The Master Plan suggests several features to be added to this area. The statue is well located on one of the cemetery’s major drives. Adding parallel parking spaces will help identify this area as a destination. A small, low-maintenance water feature will not only add tranquility to this area, it will also offer a water source for the cemetery’s wildlife. Comfortable benches will be located at the statue, affording visitors opportunities for rest and reflection. Native and drought-tolerant landscape materials will be used as well as walking surfaces using pervious paving materials. The triangle of ground at the transition of the drive at Block 84 is currently free of grave sites and therefore offers a well positioned space for a memorial and place of meditation. This location is the termination of a major view corridor on an axis with the Gazebo. This use will establish the area as a cemetery landmark, drawing visitors to the west and giving them a point of reference. Similar landscaping and paving proposed for the St. Francis statue will be used.
    • 25Fairmount Cemetery Master Plan St. Francis Area
    • Fairmount Cemetery Master Plan26
    • 27Fairmount Cemetery Master Plan Multi-Use Building and Maintenance Facility The new Multi-use Building will allow the option for on-site burial services in an enclosed, temperature-controlled, chapel-like setting. The building also will be a convenient place for gatherings after graveside services. For non-cemetery functions, the facility will serve as the location and starting point for city-wide events such as Memorial Day and Veterans’ Day as well as historical walking tours of the cemetery. It can also generate revenue as a fee-based, general meeting space. The Master Plan design concept of this building is one of a simple yet elegant structure which will fit comfortably into the cemetery setting. The suggested steeply pitched roof form and timber construction will present a ceremonial structure while not exhibiting an overly ecclesiastical design. The material selections and design features for the Multi-use Building will be borrowed from the Gazebo and give an opportunity to feature the use of a glazed green clay barrel tile for the roof. At 3,050 gross square feet, the building will seat 168 people. For catered events, approximately 90 people can be accommodated. Handicap accessible toilets will be provided on either side of the vestibule. Additional functions such as a conference room and storage space can be accommodated as well as a small preparation kitchen. Site amenities include an 18 car parking area and a water feature with outdoor seating and planting beds. A living screen wall of trees and shrubs will be located between the Multi-use Building and the new Maintenance Facility. Overflow parking will be accommodated on the adjacent drives. Sustainable features of the Multi-use Building will include a well insulated wall and roof system, low-water use plumbing fixtures, and occupancy-sensor lighting. Windows will offer natural lighting and views out of the building; generous roof overhangs will shade these windows. Landscaping materials will be selected from the region and will be drought-tolerant. New trees will be selected and positioned for optimal shading of the building and the parking area. Consideration should be given to paving the parking area with pervious material. A geothermal heating and air conditioning system should also be considered. Another sustainable feature is capturing and collecting rainwater from the roof to use for drip irrigation of the landscape beds. A LEED® Silver rating is the goal for design and construction of the project.
    • Fairmount Cemetery Master Plan28 Multi-Use Building and Maintenance Facility
    • 29Fairmount Cemetery Master Plan Multi-Use Building and Maintenance Facility
    • Fairmount Cemetery Master Plan30
    • 31Fairmount Cemetery Master Plan Recommendations and Phasing It is not possible for the City of San Angelo to implement all of the concept ideas presented in this Master Plan in a single construction project; therefore, a phasing plan is presented here. The following prioritized list should be considered: ▪▪ The new Main Entrance Feature will greatly enhance the visibility, safety and marketability of the cemetery and should be a top priority. ▪▪ Increasingthenumberofburialopportu- nities by adding the Columbaria will increase the longevity and economic viability of the cemetery. To lessen the financial burden, the Columbaria could be separated into three or more phases. ▪▪ The accessible Restroom Facility will enhance the cemetery visitor's experience and should be among the top priorities. ▪▪ Placing an electronic grave site locator in the Gazebo will positively impact the visitor's experience and cemetery’s functionality. The roundabout could be a phased construction effort by providing parking, new paving surfaces, landscaped areas and memorials as funds are available. ▪▪ Enhancing the St. Francis area with landscaping, a water feature, and a Memorial Triangle will also enhance the visitor's experience. It offers a contem- plative space and a refuge for wildlife. ▪▪ The new Multi-use Building and Maintenance Facility are important additions to the cemetery. By providing a location for the funerals/memorials, meetings, ceremonies, receptions, and educational opportunities the Multi-use building and Maintenance Facility will better meet the growing needs of the Fairmount Cemetery. The services will also provide additional sources of income.
    • Fairmount Cemetery Master Plan32 The following statement of probable construction costs are based on 2012 labor and materials rates. These statements should be considered preliminary in nature and used for discussion purposes only. Many items may fluctuate because the level of detail has not been established. Once each concept is designed and engineered, a more accurate estimate will be established. A yearly escalation factor past 2012 should be added, as this will most likely be a long range, phased set of construction projects. The Master Plan provides statements of probable costs for the six concepts presented. Internal street paving improvements, grave site irrigation repairs, additions and updates, cemetery tree removal and replacement, as well as primary drive landscape enhancements, are not included. Other exclusions are site topographic and utility surveys, geotechnical reports, architectural and engineering fees, and city administrative costs. Statement of Probable Cost
    • 33Fairmount Cemetery Master Plan Statement of Probable Cost Main Entrance Feature PROJECT: Fairmount Cemetery LOCATION: San Angelo, Texas SIZE: 3,800 AREA CLIENT: Friends of Fairmount PROJECT # 2010.161 ------ - ---------- --------------------------------------- ------------------- ------- ---------------------- - -------------- - ACCOUNT MAIN ENTRANCE FEATURE AREA NO. DESCRIPTION TOTAL COST COST ------ - ---------- --------------------------------------- ------------------- ------- ---------------------- - -------------- - 2 SITE WORK I 106,975$ I 28.15$ | 3 BUILDING CONCRETE I 7,875$ I 2.07$ | 4 MASONRY I 39,900$ I 10.50$ | 5 METALS I -$ I -$ | 6 CARPENTRY I -$ I -$ | 7 MOISTURE PROTECTION I -$ I -$ | 8 DOORS/GLASS & GLAZING I -$ I -$ | 9 FINISHES I -$ I -$ | 10 SPECIALTIES (LETTERS) I 2,550$ I 0.67$ | 15 MECHANICAL I -$ I -$ | 16 ELECTRICAL I 8,250$ I 2.17$ | =========== ==== = = = = = = = = = = = = TOTAL DIRECT COST 165,550$ 43.57$ ***** PROJECT MARK-UPS***** OVERHEAD 6% 9,933$ PROFIT 8% 13,244$ GEN. COND. 6% 9,933$ CONTINGENC 15% 24,833$ ------------------- ------- - - - - - - - - TOTAL PROJECT 223,493$ 58.81$
    • Fairmount Cemetery Master Plan34 Statement of Probable Cost Columbaria PROJECT: Fairmount Cemetery LOCATION: San Angelo, Texas SIZE: 20,000 AREA CLIENT: Friends of Fairmount PROJECT # 2010.161 ------ - ---------- --------------------------------------- --------------------- ------ ---------------------- - ---------------- - ACCOUNT COLUMBARIA AREA NO. DESCRIPTION TOTAL COST COST ------ - ---------- --------------------------------------- --------------------- ------ ---------------------- - ---------------- - 2 SITE WORK I 231,050$ I 11.55$ | 3 BUILDING CONCRETE I 31,500$ I 1.58$ | 4 MASONRY I 107,400$ I 5.37$ | 5 METALS I -$ I -$ | 6 CARPENTRY I -$ I -$ | 7 MOISTURE PROTECTION I -$ I -$ | 8 DOORS/GLASS & GLAZING I -$ I -$ | 9 FINISHES I -$ I -$ | 10 SPECIALTIES (NICHES) I 259,200$ I 12.96$ | 15 MECHANICAL I -$ I -$ | 16 ELECTRICAL I 24,750$ I 1.24$ | ============ === = = = = = = = = = = = = TOTAL DIRECT COST 653,900$ 32.70$ ***** PROJECT MARK-UPS***** OVERHEAD 6% 39,234$ PROFIT 8% 52,312$ GEN. COND. 6% 39,234$ CONTINGENCY15% 98,085$ --------------------- ------ - - - - - - - - TOTAL PROJECT 882,765$ 44.14$
    • 35Fairmount Cemetery Master Plan Statement of Probable Cost Restroom Facility PROJECT: Fairmount Cemetery LOCATION: San Angelo, Texas SIZE: 850 BLDSF CLIENT: Friends of Fairmount PROJECT # 2010.161 ------ - ---------- --------------------------------------- ------------------- ------- -------------------- - ------------------ - ACCOUNT RESTROOM FACILITY BLDSF NO. DESCRIPTION TOTAL COST COST ------ - ---------- --------------------------------------- ------------------- ------- -------------------- - ------------------ - 2 SITE WORK I 93,738$ I 110.28$ | 3 BUILDING CONCRETE I 8,400$ I 9.88$ | 4 MASONRY I 35,000$ I 41.18$ | 5 METALS I -$ I -$ | 6 CARPENTRY I 6,000$ I 7.06$ | 7 MOISTURE PROTECTION I 13,665$ I 16.08$ | 8 DOORS/GLASS & GLAZING I 5,375$ I 6.32$ | 9 FINISHES I 18,063$ I 21.25$ | 10 SPECIALTIES (TOILET ACCESSORIES) I 1,488$ I 1.75$ | 15 MECHANICAL I 15,300$ I 18.00$ | 16 ELECTRICAL I 14,025$ I 16.50$ | =========== ==== = = = = = = = = = = = = = TOTAL DIRECT COST 211,053$ 248.30$ ***** PROJECT MARK-UPS***** OVERHEAD 6% 12,663$ PROFIT 8% 16,884$ GEN. COND. 6% 12,663$ CONTINGENC 15% 31,658$ ------------------- ------- - - - - - - - TOTAL PROJECT 284,921$ 335.20$
    • Fairmount Cemetery Master Plan36 Statement of Probable Cost Gazebo PROJECT: Fairmount Cemetery LOCATION: San Angelo, Texas SIZE: 8,000 AREA CLIENT: Friends of Fairmount PROJECT # 2010.161 ------ - ---------- --------------------------------------- ---------------------- ------ ---------------------- - ---------------- - ACCOUNT GAZEBO AREA NO. DESCRIPTION TOTAL COST COST ------ - ---------- --------------------------------------- ---------------------- ------ ---------------------- - ---------------- - 2 SITE WORK I 177,438$ I 22.18$ | 3 BUILDING CONCRETE I -$ I -$ | 4 MASONRY I 2,500$ I 0.31$ | 5 METALS I -$ I -$ | 6 CARPENTRY I 15,000$ I 1.88$ | 7 MOISTURE PROTECTION I 2,100$ I 0.26$ | 8 DOORS/GLASS & GLAZING I -$ I -$ | 9 FINISHES I 6,400$ I 0.80$ | 10 SPECIALTIES (LOCATOR) I 40,000$ I 5.00$ | 15 MECHANICAL I -$ I -$ | 16 ELECTRICAL I 8,000$ I 1.00$ | ============= === = = = = = = = = = = = = TOTAL DIRECT COST 251,438$ 31.43$ ***** PROJECT MARK-UPS***** OVERHEAD 6% 15,086$ PROFIT 8% 20,115$ GEN. COND. 6% 15,086$ CONTINGENCY 15% 37,716$ ---------------------- ------ - - - - - - - - TOTAL PROJECT 339,441$ 42.43$
    • 37Fairmount Cemetery Master Plan Statement of Probable Cost St. Francis Area PROJECT: Fairmount Cemetery LOCATION: San Angelo, Texas SIZE: 7,500 AREA CLIENT: Friends of Fairmount PROJECT # 2010.161 ------ - ---------- --------------------------------------- --------------------- ------ ---------------------- - ---------------- - ACCOUNT ST. FRANCIS AREA AREA NO. DESCRIPTION TOTAL COST COST ------ - ---------- --------------------------------------- --------------------- ------ ---------------------- - ---------------- - 2 SITE WORK I 170,275$ I 22.70$ | 3 BUILDING CONCRETE I -$ I -$ | 4 MASONRY I -$ I -$ | 5 METALS I -$ I -$ | 6 CARPENTRY I -$ I -$ | 7 MOISTURE PROTECTION I -$ I -$ | 8 DOORS/GLASS & GLAZING I -$ I -$ | 9 FINISHES I -$ I -$ | 10 SPECIALTIES I -$ I -$ | 15 MECHANICAL I 8,000$ I 1.07$ | 16 ELECTRICAL I 8,000$ I 1.07$ | ============ === = = = = = = = = = = = = TOTAL DIRECT COST 186,275$ 24.84$ ***** PROJECT MARK-UPS***** OVERHEAD 6% 11,177$ PROFIT 8% 14,902$ GEN. COND. 6% 11,177$ CONTINGENCY15% 27,941$ --------------------- ------ - - - - - - - - TOTAL PROJECT 251,471$ 33.53$
    • Fairmount Cemetery Master Plan38 Statement of Probable Cost Multi-Use BuildingO PROJECT: Fairmount Cemetery LOCATION: San Angelo, Texas SIZE: 3,200 BLDSF CLIENT: Friends of Fairmount PROJECT # 2010.161 ------ - ---------- --------------------------------------- ------------------- ------- ---------------------- - ------------- - ACCOUNT MULTI-USE BUILDING BLDSF NO. DESCRIPTION TOTAL COST COST ------ - ---------- --------------------------------------- ------------------- ------- ---------------------- - ------------- - 2 SITE WORK I 183,875$ I 57.46$ | 3 BUILDING CONCRETE I 116,025$ I 36.26$ | 4 MASONRY I 38,000$ I 11.88$ | 5 METALS I -$ I -$ | 6 CARPENTRY I 92,750$ I 28.98$ | 7 MOISTURE PROTECTION I 36,960$ I 11.55$ | 8 DOORS/GLASS& GLAZING I 31,725$ I 9.91$ | 9 FINISHES I 47,180$ I 14.74$ | 10 SPECIALTIES (TOILET ACCESSORIES) I 5,600$ I 1.75$ | 15 MECHANICAL I 103,200$ I 32.25$ | 16 ELECTRICAL I 51,150$ I 15.98$ | =========== ==== = = = = = = = = = = = = TOTAL DIRECT COST 706,465$ 220.77$ ***** PROJECT MARK-UPS***** OVERHEAD 6% 42,388$ PROFIT 8% 56,517$ GEN. COND. 6% 42,388$ CONTINGENC 15% 105,970$ ------------------- ------- - - - - - - - - TOTAL PROJECT 953,728$ 298.04$
    • 39Fairmount Cemetery Master Plan Statement of Probable Cost Maintenance Area PROJECT: Fairmount Cemetery LOCATION: San Angelo, Texas SIZE: 1,430 BLDSF CLIENT: Friends of Fairmount PROJECT # 2010.161 ------ - ---------- --------------------------------------- ------------------- ------- ---------------------- - ---------------- - ACCOUNT MAINTENANCE AREA BLDSF NO. DESCRIPTION TOTAL COST COST ------ - ---------- --------------------------------------- ------------------- ------- ---------------------- - ---------------- - 2 SITE WORK I 48,125$ I 33.65$ | 3 BUILDING CONCRETE I 13,808$ I 9.66$ | 4 MASONRY I 44,000$ I 30.77$ | 5 METALS I 18,000$ I 12.59$ | 6 CARPENTRY I 10,943$ I 7.65$ | 7 MOISTURE PROTECTION I 8,978$ I 6.28$ | 8 DOORS/GLASS & GLAZING I 13,760$ I 9.62$ | 9 FINISHES I 8,500$ I 5.94$ | 10 SPECIALTIES I 2,503$ I 1.75$ | 15 MECHANICAL I 46,118$ I 32.25$ | 16 ELECTRICAL I 7,150$ I 5.00$ | =========== ==== = = = = = = = = = = = = TOTAL DIRECT COST 221,883$ 155.16$ ***** PROJECT MARK-UPS***** OVERHEAD 6% 13,313$ PROFIT 8% 17,751$ GEN. COND. 6% 13,313$ CONTINGENC 15% 33,282$ ------------------- ------- - - - - - - - - TOTAL PROJECT 299,542$ 209.47$
    • Fairmount Cemetery Master Plan40
    • 41Fairmount Cemetery Master Plan Tree Survey and Narrative General Mark Smith (RVi) visited the Fairmount Cemetery in San Angelo, Texas on June 20, 2011 for the purposes of inventorying and evaluating the condition of existing trees located on the cemetery site. During a meeting with the Friends of Fairmount Cemetery (Client) at the cemetery office, it was determined that the tree inventory should focus primarily on cemetery perimeters, main axial drives, the St. Francis Statue area, and the existing maintenance area. The Tree Inventory Plan includes evaluation of each tree species, size (approx. diameter at breast height), and condition (excellent, good, poor), noted on a color aerial photo. The nomenclature used to identify and evaluate each tree is as follows: 18” QV (E) = 18” (DBH) Quercus Virginiana (Live Oak) in Excellent condition. General Conditions Conditions at the site were very dry, with SanAngelo currently experiencing extreme drought. SanAngelo has received very little rainfall and watering restrictions imposed by the City of San Angelo have limited the cemetery’s ability to provide adequate supplementary irrigation. Turf throughout the site was brown and dormant. There are very few shrubs in the cemetery, limited mainly to a perimeter border planting and accent/enclosure shrubs in the area of the gazebo. Trees throughout the cemetery appear to be stressed and showing signs of decline and, in a few cases, death. In general, the cemetery contains a diverse blend of shade, ornamental, and evergreen trees well-suited for this environment. Tree Species Observed Trees species observed at the cemetery during the site visit are identified on the Plan by the following abbreviations: ARB = Arborvitae (Thuja occidentalis) BALD CYP = Bald Cypress (Taxodium distichum) BURR OAK = Burr Oak (Quercus macrocarpa) CED = Ashe Juniper/Cedar (Juniperus ashei) CM = Crape Myrtle (Lagerstroemia indica) IC = Italian Cypress (Cupressus semper- virens) QV = Live Oak (Quercus Virginiana) MES = Mesquite (Prosopis glandulosa) PEAR = Bradford Pear (Pyrus bradfordii) PECAN = Pecan (Carya illinoiensis) PHOT = Photinia (Photinia serrulata) PISTACHE = Pistachio chinensis (Chinese Pistache) REDBUD = Redbud (Cercis canadensis) RO = Red Oak (Quercus rubra or Quercus shumardii) TREE LIG = Tree Ligustrum (Ligustrum lucidum) Evaluation of Tree Condition Each tree within the study area was evaluated visually for size (estimated diameter at breast height), quality (overall form and appearance), and health (general health, deformities, injuries, cracks, age), all as noted on the Plan. General conditions were observed as follows: ARB = Arborvitae (Thuja occidentalis): Very few observed but all in good health. Most are in need of minor pruning to reduce overall mass. BALD CYP = Bald Cypress (Taxodium distichum): Several Cypress were observed. Only one was in good condition, others appear to be stressed by drought and/or missing significant branches and tops. BURR OAK = Burr Oak (Quercus macrocarpa): All Burr Oak observed in good health.
    • Fairmount Cemetery Master Plan42 significantly affected by drought. REDBUD = Redbud (Cercis canadensis): All Redbud observed were in very poor condition or dead. Most were quite small, indicating recent installation. RO = Red Oak (Quercus rubra or Quercus shumardii):All Red Oak observed appeared to be in excellent health. TREE LIG = Tree Ligustrum (Ligustrum lucidum): Very few are located on the property—mostly located in the curve in the drive near the apartment complex in the southwest corner of the cemetery. These shrub/trees were in fair condition but in need of pruning to remove suckers and generally clean up their form. thinning. It is anticipated that most of these trees will recover and flush out new growth as rain and supplemental irrigation provide much needed moisture. MES = Mesquite (Prosopis glandulosa): Most of the Mesquite trees observed were quite old and in various states of poor health (trunk cracks, rot, large cavities, missing trunks and branches). Several appear to be questionable structurally and should be evaluated carefully to ensure that they do not present a public safety hazard. PEAR = Bradford Pear (Pyrus bradfordii): Only three Pears were observed, on the drive near the maintenance facility. All were in fair health and appear to be tolerating current drought conditions. PECAN = Pecan (Carya illinoiensis): Pecans observed were all in poor condition. These trees appear to be stressed by lack of water. PHOT = Photinia (Photinia serrulata): There are only a few Photinia on the cemetery. These tree/shrubs appear to be in fair condition. PISTACHE = Pistachio chinensis (Chinese Pistache): Pistache observed are in excellent health and do not appear to be CED = Ashe Juniper/Cedar (Juniperus ashei): Ashe Juniper is a co-dominant tree (with Live Oak) on the cemetery site. Most appear to be quite old and tolerating current drought conditions well. Though many are volunteers, most appear to have been intentionally planted as street trees, property markers, and shade trees throughout the cemetery. Many of the specimens observed, however, are in poor condition structurally with significant trunk cracks and rot and many were missing large branches, trunks, and leaders. CM = Crape Myrtle (Lagerstroemia indica): Only a few observed, though all were tolerating current drought conditions well and in very good health. IC = Italian Cypress (Cupressus semper- virens): All Italian Cypress observed were in good health. QV = Live Oak (Quercus Virginiana): A co-dominant tree (with Ashe Juniper) on this site, the Live Oak is by far the healthiest tree species around the cemetery and, in almost every case, the most handsome. Most trees observed were mature and possessed an excellent form that provided excellent shade. More recently planted specimens appeared to be affected by the drought and in some cases, foliage was Tree Survey and Narrative
    • 43Fairmount Cemetery Master Plan Recommendations Overall, the tree planting at the cemetery is consistent with historic cemeteries where trees have been planted individually over many decades without the guidance of a landscape master plan. The Fairmount Cemetery has extensive tree cover, providing much needed shade, but lacks a discernible visual order or hierarchy to orient visitors and guide them to important cemetery features. The cemetery would benefit greatly from a “Landscape Master Plan” developed to identify long-range tree care and future planting efforts to achieve the following goals: ▪▪ Main entry identification and accent for important cemetery features ▪▪ Definition of primary circulation corridors ▪▪ Shade for outdoor use areas (statuary, gazebo, chapel, staff break area) ▪▪ Screening of undesirable views ▪▪ Visual definition of perimeter Recommendations for existing tree inventory are as follows: ARB = Arborvitae (Thuja occidentalis): Though Arborvitae is used extensively at the adjacent Catholic Cemetery, there are only a few plants on this site--none located where they contribute significantly to the visual qualities of the cemetery. Arborvitae should be considered for more extensive use throughout the cemetery. BALD CYP = Bald Cypress (Taxodium distichum): Though a lovely tree for urban conditions, the Bald Cypress is not well-suited to such intensive drought conditions. The existing good quality specimen should be maintained, others should be removed. BURR OAK = Burr Oak (Quercus macrocarpa): Burr Oak is tolerating the drought well and should be considered for more extensive use on this site in burial sections and lawns where shade is desired and large acorns will not pose a pedestrian hazard on drives and walks. CED = Ashe Juniper/Cedar (Juniperus ashei): Poor quality specimens should be removed over time and replaced with higher quality species with more consistent form for primary drives and important site features, such as a chapel. CM = Crape Myrtle (Lagerstroemia indica): Crape Myrtle should be strongly considered for much more extensive use as an ornamental tree for seasonal color and shade in important cemetery use areas such as entries, structures, gateways, and common areas. IC = Italian Cypress (Cupressus semper- virens): An excellent tree that is historically associated with cemeteries and tolerant of local conditions, the Italian Cypress is a tree with an imposing, formal form. Restricted use as accent is possible. Widespread use should not be considered. QV = Live Oak (Quercus Virginiana): The Live Oak is the “workhorse” tree for this cemetery and should be considered for more extensive planting on formal axial drives and as a replacement for Cedars in formal street tree plantings. Small caliper (30 and 65 gallon) matched specimens should be considered for street trees. Larger caliper specimens (100 and 200 gallon) should be considered for shade and outdoor use areas for immediate shade where budget permits. MES = Mesquite (Prosopis glandulosa): Mesquite, generally a volunteer and considered a “weed”, is not considered a highly desirable tree for urban use. Mature existing trees should be maintained for their shade qualities as long as possible but removed as safety concerns and general decline merits removal. Replacement should not be considered. Tree Survey and Narrative
    • Fairmount Cemetery Master Plan44 Tree Survey and Narrative and improve overall form. Consider more extensive use of Photinia for screening and edge definition in lieu of the Ligustrum. small-canopy shade tree and fall color for accent (backdrop for cemetery statuary or structures, intersections, etc.) is desired. REDBUD = Redbud (Cercis canadensis): Though Redbud is an excellent native tree that is typically tolerant of drought conditions, it does not appear to tolerate the extreme conditions at the Fairmount Cemetery well. Most specimens observed were dead or in very poor condition, we do not recommend its continued use on the site without a more reliable source of irrigation for grow-in. Texas Mountain Laurel, which appears to do well at the cemetery, should be considered in lieu of Redbud. RO = Red Oak (Quercus rubra or Quercus shumardii): An excellent shade tree for the cemetery. Capable of providing excellent shade and beautiful fall color, the Shumard Oak should be considered for more extensive use throughout the cemetery. TREE LIG = Tree Ligustrum (Ligustrum lucidum): While the Tree Ligustrum does appear to tolerate local conditions better than some other small evergreen tree/ shrubs, it is invasive and short-lived and should not be considered for widespread use at the cemetery. Existing trees should be pruned to clean up canopies PEAR = Bradford Pear (Pyrus bradfordii): Generally a formal upright ornamental, the Bradford Pear may be a useful flowering tree for areas where seasonal color is desired. The Pear should be used in limited quantities away from high-profile areas, due to its relatively short lifespan. PECAN = Pecan (Carya illinoiensis): Pecan is an excellent, though slow growing, shade tree. Given its large canopy and dropping significant amounts of fruit, we do not feel it is well suited for the Fairmount, a cemetery with an already extensive tree canopy. Pecan should be planted only where large shade canopy is desired and dropped fruit will not become a hazard for pedestrians. PHOT = Photinia (Photinia serrulata): Photinia should be considered for more extensive use around the cemetery site for screening of maintenance areas and undesirable views. Texas Sage should also be considered for more extensive use where evergreen shrubs are desired. PISTACHE = Pistachio chinensis (Chinese Pistache): This is an excellent ornamental tree that should receive more extensive consideration at the cemetery. Existing specimens look great and are tolerating conditions well. The tree should be considered for use in areas where a
    • 45Fairmount Cemetery Master Plan Tree Survey and Narrative
    • Fairmount Cemetery Master Plan46 Tree Survey and Narrative
    • 47Fairmount Cemetery Master Plan Tree Survey and Narrative
    • Fairmount Cemetery Master Plan48 Tree Survey and Narrative
    • 49Fairmount Cemetery Master Plan Tree Survey and Narrative
    • FAIRMOUNT C E M E T E R Y 3880 Hulen Street, Suite 300 Fort Worth Texas 76107 Phone: (817) 332 - 1914
    • City of San Angelo Engineering Services Division Memo Date: July 8, 2013 To: Mayor and Councilmembers From: Tim Wolff, Interim City Engineer Subject: Agenda Item for August 6, 2013 Council Meeting Contact: Tim Wolff, Engineering Services Division, 657-4202 Caption: CONSENT Item Consideration of awarding bid ES-03-13 for the 2013 Sealcoat Project to Brannan Paving Company, Ltd. (Victoria, TX) in the amount of $1,710,000,00 and authorizing the City Manager or his designee to execute any necessary related documents.  Summary: The 2013 Sealcoat Project was advertised for bids, and bids from four paving companies were submitted. The lowest bidder was Brannan Paving Company, Ltd. out of Victoria, TX, and there were no local bidders. Brannan is the same company that sealcoated San Angelo’s streets in last year’s sealcoat project. They did a great job, worked well with City staff and inspectors, responded to all complaints quickly and efficiently, and we expect the same this year. The amount to be awarded is: $1,610,378.81 for 902,173 square yards of sealcoating (rock and asphalt) at $1.785 per square yard and $99,621.19 for contingency, totaling $1,710,000. Additional streets may be added through contingency. History: The City of San Angelo annually sealcoats a number of streets within the city limits. This year’s project contains over 900,000 square yards of sealcoating on numerous streets throughout town. Last year, only 389,226 square yards were sealcoated; however, City Council had requested that streets be made a higher priority and more funds were allocated this year. The actual street sections for this project are shown in Attachment 2. In addition to the Standard Times advertisement on May 30 and June 6, 2013, request for bids were also mailed to eleven prospective bidders. One of those is from San Angelo. Four bidders (from Victoria, TX, Blanco, TX, Kendalia, TX and Salt Lake City, UT) submitted bids. Bids were opened on June 13, 2013, and Brannan Paving Company had submitted the lowest bid. Although bids were also submitted for temporary pavement markings (painted stripes), that item is recommended to not be awarded. It was found to be much cheaper to do in-house and will be completed by the City’s Traffic Operations Division as necessary. Financial Impact: Not to exceed $1,710,000 from the Street & Bridge Maintenance Fund. (budget code 101-3200-432.04-35) Related Vision Item (if applicable): Neighborhood Vision – Provide good infrastructure (This project will provide the necessary maintenance for several streets, increasing the effective life spans.)
    • Other Information/ Recommendation: Staff recommends award of the bid as presented. Attachments: 1. Contract for construction services between Brannan Paving Co., Ltd. and the City of San Angelo in the amount of $1,710,000. 2. Maps showing the streets included in the contract. 3. Bid tabulation and Brannan Paving Co., Ltd. bid prices. Presentation: n/a Publication: Published in the San Angelo Standard Times on May 30 and June 6, 2013: The City of San Angelo, Engineering Division is accepting sealed bids for street sealcoating. Bid documents, plans, and specifications may be obtained in the Purchasing Department, Suite 330, City Hall for $25.00 per set (limit three sets) or may be downloaded at www.sanangelotexas.us at no cost. A prebid conference will be held on June 10, 2013, 10:00 a.m., CDST at 52 West College Avenue in the Development Services conference room. Bids will be accepted until June 13, 2013, 2:00 P.M. in the Purchasing Department at which time all bids will be publicly opened, and read aloud. For more information, call (325) 657- 4220. Reviewed by Director: AJ Fawver, Interim Director of Development Services, 07-09-13 Approved by Legal: July 23, 2013
    • 1 CONTRACT FOR 2013 SEALCOATING PROGRAM This Contract is entered into this ___ day of ____________, 2013 (but effective as of __________________, 2013) (“effective date”) by and between the City of San Angelo, a home-rule municipal corporation of the State of Texas (“City”) and Brannan Paving Co., Ltd, a Texas Limited Partnership (“Contractor”). RECITALS: A. City has issued a Request for Bid No. ES-03-13, Engineering Services Division, 2013 Sealcoating (“RFB No. ES-03-13”) for the construction of a sealcoat surface treatment on existing pavement surfaces in various locations within the City limits of San Angelo, Texas, as specified in the Contract Documents (“Work”); and Contractor’s bid, in response thereto, has been selected as the most qualified proposal for the provision of Work. B. The Council of the City of San Angelo approved the selection of Contractor on ________________, 2013, and authorized the City Manager to negotiate and execute a contract, under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, City and Contractor agree as follows: TERMS: 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Contract. 2. STATEMENT OF WORK: A. Contractor shall be responsible for completing Work described in RFB No. ES-03-13, Engineering Services Division, 2013 Sealcoating (“RFB No. ES-03-13”) for the construction of a sealcoat surface treatment composed of a single or two course application of asphaltic material & aggregate constructed on existing pavement surfaces within the City of San Angelo city limits; and, all other work as specifically described and indicated, and under the special terms and conditions set forth in the Contract Documents, which by this reference is incorporated herein by reference in Section 7 of this Contract. B. Contractor shall provide all labor for preparing the worksite and furnish all material, accessories, labor, and equipment necessary for completing the construction, replacement and installation; and, all other Work specified in the technical specification documents and drawings included with the Contract Documents incorporated herein by reference in Section 7. of this Contract and in accordance with the terms and conditions set forth herein and within those Contract Documents.
    • 2 3. TIME OF PERFORMANCE: Contractor agrees to perform the directed Work throughout the term beginning June 15, 2013 through September 30, 2013 (“Contract Time”). Contractor further agrees that approval for beginning Work on the project will not be given and that Work will not start until all required bonds and insurance certificates specified in the bid documents have been received and approved by City. 4. LIQUIDATED DAMAGES: City and Contractor recognize that the time of performance is of the essence in this Contract and that City will suffer financial loss if Work is not substantially complete within the time specified in Section 3. above, plus any extensions thereof allowed. Both parties hereto also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by City if Work is not substantially complete on time. Accordingly, instead of requiring such proof, City and Contractor agree that a reasonable estimate of liquidated damages for any delay (but not as a penalty) would be for Contractor to pay City Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified in Section 3. until Work is substantially complete. Therefore, Contractor shall pay City as liquidated damages Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified in Section 3. until Work is substantially complete. 5. CONTRACT PRICE: City shall pay to Contractor for performance of Work embraced in this Contract, and Contractor shall accept as full compensation therefore, the Bid Price of One Million Seven Hundred Ten Thousand and No/100 Dollars ($1,710,000.00) subject to adjustment only as provided by approved change order, for all Work covered by and included in the contract award; payment thereof to be made in current funds in the manner provided in Section 6. Payment Procedure. 6. PAYMENT PROCEDURE: Contractor shall submit Applications for Payment in accordance with the General Conditions as shown in RFB No. ES-03-13 and City shall process the Applications for Payment in accordance with the General Conditions, except that progress payments and the final payment under this Contract shall be made as set forth below: A. Progress Payments. City shall make progress payments of the Contract Price on the basis of Contractor’s Application for Payment on or about the thirtieth (30th) day after submittal of the Application for Payment each month as provided below. All progress payments shall be based upon the progress of Work measured as provided for in the General Conditions. 1) Prior to Substantial Completion, progress payments shall be in an amount equal to 95% of the amount request in the Application for Payment, with 5% remaining as City’s retainage for the project, to be released by City in accordance with the General Conditions. 2) Upon Substantial Completion as described in the General Conditions, City shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price, less
    • 3 such amounts, if any, City determines should be deducted in accordance with the General Conditions. B. Final Payment. Upon completion and acceptance of Work by City in accordance with the General Conditions, City shall pay the remainder of the Contract Price. 7. CONTRACT DOCUMENTS: The following documents from City are incorporated herein by reference for all purposes, as if fully set out verbatim:  Request for Bid No. ES-03-13, Engineering Division, 2013 Sealcoating (“RFB No. ES-03- 13”)  All of the documents, conditions, specifications, technical data, drawings, requirements and addenda comprising said Bid Invitation Number as of the time this Contract is entered by Contractor and City. 8. CONTRACTOR’S REPRESENTATIONS: In order to induce City to enter into this Contract, Contractor makes the following representations to City: A. Contractor has familiarized itself with the nature and extent of the Contract Documents, Work, and with all local conditions and federal, state and local laws. B. Contractor has made, or caused to be made, examinations and investigations of information as it deems necessary for the performance of Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations or similar data are, or will be required by Contractor for such purposes. C. Contractor has given City advanced written notice of all conflicts, errors, or discrepancies that it has discovered in the Contract Documents prior to bidding and the written resolution thereof by City is acceptable to Contractor. D. Contractor is skilled and experienced to responsibly perform the type of Work described in the Contract Documents in a timely manner. 9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Contractor understands that Contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, recordkeeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time. 10. OWNERSHIP OF DOCUMENTS: Contractor understands and agrees that any information, document, report or any other material whatsoever which is given by City to Contractor or which is otherwise obtained or prepared by Contractor pursuant to or under the terms of this Contract is and shall at all times
    • 4 remain the property of City. Contractor agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of City, which may be withheld or conditioned by City in its sole discretion. 11. AUDIT AND INSPECTION RIGHTS: A. City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by City to Contractor under this Contract, audit, or cause to be audited, those books and records of Contractor which are related to Contractor’s performance under this Contract. Contractor agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Contract. B. City may, at reasonable times during the term hereof, inspect Contractor’s facilities and perform such tests, as City deems reasonably necessary, to determine whether the goods or services required to be provided by Contractor under this Contract conform to the terms hereof, if applicable. Contractor shall make available to City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of San Angelo Code of Ordinances, as same may be amended or supplemented from time to time. 12. AWARD OF CONTRACT: Contractor represents and warrants to City that it has not employed or retained any person or company employed by City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with the award of this Contract. 13. PUBLIC RECORDS: Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, and agrees to allow access by City and the public to all documents subject to disclosure under applicable law. Contractor’s failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Contract by City. 14. DEFAULT: If Contractor fails to comply with any term or condition of this Contract, or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default hereunder, City in addition to all remedies available to it by law, may immediately, upon written notice to Contractor, terminate this Contract whereupon all payments, advances, or other compensation paid by City to Contractor while Contractor was in default shall be immediately returned to City. Contractor understands and agrees that termination of this Contract under this section shall not release Contractor from any obligation accruing prior to the effective date of termination. Should Contractor be unable or unwilling to commence to perform Work within the time provided or contemplated herein, then, in addition to the
    • 5 foregoing, Contractor shall be liable to City for all expenses incurred by City in preparation and negotiation of this Contract, as well as all costs and expenses incurred by City in the re-procurement of Work, including consequential and incidental damages. 15. CITY’S TERMINATION RIGHTS: A. City shall have the right to terminate this Contract, in its sole discretion, at any time, by giving written notice to Contractor at least five (5) business days prior to the effective date of such termination. In such event, City shall pay to Contractor compensation for Work rendered and expenses incurred prior to the effective date of termination. In no event shall City be liable to Contractor for any additional compensation, other than that provided herein, or for any consequential or incidental damages. B. City shall have the right to terminate this Contract, without notice or liability to Contractor, upon the occurrence of an event of default hereunder. In such event, City shall not be obligated to pay any amounts to Contractor and Contractor shall reimburse to City all amounts received while Contractor was in default under this Contract. 16. RESOLUTION OF CONTRACT DISPUTES: Contractor understands and agrees that all disputes between Contractor and City based upon an alleged violation of the terms of this Contract by City shall be submitted to City Manager for his resolution, prior to Contractor being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty Five Thousand Dollars ($25,000.00), the City Manager’s decision shall be approved or disapproved by the City Council. Contractor shall not be entitled to seek judicial relief unless: (i) Contractor has first received City Manager’s written decision, approved by the City Council if the amount of compensation hereunder exceeds Twenty Five Thousand Dollars ($25,000.00); or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (90 days if City Manager’s decision is subject to City Council approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 17. INSURANCE: A. Contractor shall, at all times during the term hereof, maintain such insurance coverage as may be required by City. All such insurance, including renewals, shall be subject to the approval of City for adequacy of protection and evidence of such coverage shall be furnished to City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of Work under this Contract without thirty (30) calendar days prior written notice to City. Completed Certificates of Insurance shall be filed with City prior to the performance of services hereunder, provided however, that Contractor shall at any time upon request file duplicate copies of the policies of such
    • 6 insurance with City. B. If in the judgment of City, prevailing conditions warrant the provision by Contractor of additional liability insurance coverage or coverage which is different in kind, City reserves the right to require the provision by Contractor of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Contractor fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following City’s written notice, this Contract shall be considered terminated on the date that the required change in policy coverage would otherwise take effect. 18. INDEMNIFICATION: A. INDEMNIFICATION: CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS CITY AND ITS OFFICIALS, EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS “INDEMNITEES”) AND EACH OF THEM FROM AND AGAINST ALL LOSS, COSTS, PENALTIES, FINES, DAMAGES, CLAIMS, EXPENSES (INCLUDING ATTORNEY’S FEES) OR LIABILITIES (COLLECTIVELY REFERRED TO AS “LIABILITIES”) ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF CONTRACTOR OR CITY BY REASON OF ANY INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR DESTRUCTION OR LOSS OF ANY PROPERTY ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH (I) THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES CONTEMPLATED BY THIS AGREEMENT WHICH IS OR IS ALLEGED TO BE DIRECTLY OR INDIRECTLY CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION, DEFAULT OR NEGLIGENCE (WHETHER ACTIVE OR PASSIVE) OF CONTRACTOR OR ITS EMPLOYEES, AGENTS OR SUB-CONTRACTORS (COLLECTIVELY REFERRED TO AS “CONTRACTOR”), REGARDLESS OF WHETHER IT IS, OR IS ALLEGED TO BE, CAUSED IN WHOLE OR PART (WHETHER JOINT, CONCURRENT OR CONTRIBUTING) BY ANY ACT, OMISSION, DEFAULT OR NEGLIGENCE (WHETHER ACTIVE OR PASSIVE) OF THE INDEMNITEES, OR ANY OF THEM OR (II) THE FAILURE OF CONTRACTOR TO COMPLY WITH ANY OF THE PARAGRAPHS HEREIN OR THE FAILURE OF CONTRACTOR TO CONFORM TO STATUTES, ORDINANCES, OR OTHER REGULATIONS OR REQUIREMENTS OF ANY GOVERNMENTAL AUTHORITY, FEDERAL OR STATE, IN CONNECTION WITH THE 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 CONTRACTOR HEREUNDER.. CONTRACTOR EXPRESSLY AGREES TO INDEMNIFY AND HOLD
    • 7 HARMLESS THE INDEMNITEES, OR ANY OF THEM, FROM AND AGAINST ALL LIABILITIES WHICH MAY BE ASSERTED BY AN EMPLOYEE OR FORMER EMPLOYEE OF CONTRACTOR, OR ANY OF ITS SUB-CONTRACTORS, AS PROVIDED ABOVE, FOR WHICH CONTRACTOR’S LIABILITY TO SUCH EMPLOYEE OR FORMER EMPLOYEE WOULD OTHERWISE BE LIMITED TO PAYMENTS UNDER STATE WORKERS’ COMPENSATION OR SIMILAR LAWS. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS AGREEMENT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE CONTRACTOR TO INDEMNIFY, DEFEND, OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. B. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR IN THIS CONTRACT SHALL SURVIVE THE EXPIRATION OF THIS CONTRACT AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE TERM OF THIS CONTRACT BUT THEREAFTER SO LONG AS ANY LIABILITY COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OF CONTRACTOR IN PERFORMING UNDER THIS CONTRACT. C. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THIS CONTRACT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTS OCCURRING DURING THE TERM OF THIS CONTRACT BUT RETROACTIVELY TO CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE TERM OF PREVIOUS CONTRACTS BETWEEN CITY AND CONTRACTOR. 19. INSURANCE REQUIREMENTS: A. General Conditions. The following conditions shall apply to all insurance policies obtained by Contractor for the purpose of complying with this Contract. 1) Satisfactory Companies. Coverage shall be maintained with insurers and under forms of policies satisfactory to City and with insurers licensed to do business in Texas. 2) Named Insureds. All insurance policies required herein shall be drawn in the name of Contractor, 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. 3) Waiver of Subrogation. Contractor 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.
    • 8 4) Certificates of Insurance. At or before the time of execution of this Contract, Contractor 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, Contractor 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. Certificates of insurance and notices of cancellations, terminations, or alterations shall be furnished to City’s Risk Manager at City Hall, 72 W. College Ave., San Angelo, Texas 76903. 5) Contractor’s Liability. The procurement of such policy of insurance shall not be construed to be a limitation upon Contractor’s liability or as a full performance on its part of the indemnification provisions of this Contract. Contractor’s obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury, or loss caused by or attributable to its activities conducted at or upon the premises. Failure of Contractor to maintain adequate coverage shall not relieve Contractor of any contractual responsibility or obligation. 6) Subcontractors’ Insurance. Contractor shall cause each Subcontractor and Sub-Sub-Contractor of Contractor to purchase and maintain insurance of the types and in the amounts specified below. Contractor shall require Subcontractors and Sub-Subcontractors to furnish copies of certificates of insurance to City’s Risk Manager evidencing coverage for each Subcontractor and Sub-Subcontractor. B. Types And Amounts Of Insurance Required. Contractor shall obtain and continuously maintain in effect at all times during the term hereof, at Contractor’s sole expense, insurance coverage as follows with limits not less than those set forth below: 1) Commercial General Liability. This policy shall be occurrence-type policy and shall protect Contractor and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than Contractor’s employees) and damage to property of City or others arising out of the act or omission of Contractor or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by Contractor under the paragraph of this Contract 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 limits shall not be less than: $2,000,000.00 General Aggregate
    • 9 $1,000,000.00 Products- Completed Operations $1,000,000.00 Personal & Advertising Injury $1,000,000.00 Each Occurrence $ 100,000.00 Fire Damage (any one fire) 2) Business Automobile Liability. This policy shall protect Contractor 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 limits shall not be less than: $1,000,000.00 Combined Single Limit 3) Workers’ Compensation and Employer’s Liability. If Contractor hires any employees, Contractor shall maintain Workers’ Compensation and Employer’s Liability insurance, which shall protect Contractor against all claims under applicable state workers’ compensation laws and employer’s liability. The insured shall also be protected against claim 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 - Each Employee $500,000.00 Employer’s Liability, Disease - Policy Limit The foregoing requirement will not be applicable if, and so long as, Contractor 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 City in accordance with the notice provisions of this Contract. If Contractor uses contract labor, Contractor shall require its subcontractor to maintain the above referenced coverage and furnish copies of certificates of insurance as required herein.) 20. INDEPENDENT CONTRACTOR: Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Contractor shall at all times remain an independent contractor with respect to the services to be performed under this Contract. City shall be exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical insurance and workers’ compensation insurance on Contractor’s employees. 21. NONDISCRIMINATION: Contractor represents and warrants to City that Contractor does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with
    • 10 Contractor’s performance under this Contract on account of race, color, sex, religion, age, handicap, marital status or national origin. Contractor further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Contract. 22. VERIFICATION OF EMPLOYMENT ELIGIBILITY: Contractor must comply with the Immigration Reform and Control Act (IRCA) and may not knowingly obtain labor or services of an unauthorized alien. Contractor -- not City -- must verify eligibility for employment as required by IRCA. 23. AMENDMENTS: City or Contractor may amend this Contract at any time provided that such amendments make specific reference to this Contract, and are executed in writing, signed by a duly authorized representative of both organizations, and approved by City. Such amendments shall not invalidate this Contract, nor relieve or release City or Contractor from their respective obligations under this Contract. 24. ASSIGNMENT: No assignment by a party hereto of any rights under, or interest in, the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due, and moneys that are due, may not be assigned without such prior consent (except to the extent that this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 25. SUCCESSORS AND ASSIGNS: This Contract shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 26. NOTICES: Communication and details concerning this Contract shall be directed to the following representatives: CITY: CONTRACTOR: City of San Angelo Brannan Paving Co., LTD Attn: Tim Wolff Attn: Bonnie Burton, Corp. Secy. 52 W. College Ave. P.O. Box 3403 San Angelo, Texas 76903 Victoria, Texas 77903 Phone: (325) 657-4202 Phone: (361) 573-3130 Email:tim.wolff@cosatx.us Email: bmb77901@yahoo.com Before City shall be liable to Contractor or any of its successors or assigns for any alleged breach of this Contract, notice must first be given City within six (6) months of the date Contractor alleges the breach occurred. Such notice shall be in accordance with and provide substantially the same information as required for notice of tort claims as specified in Article 1.500 of the City of San Angelo Code of Ordinances.
    • 11 27. MISCELLANEOUS PROVISIONS: A. Remedies: In the event of default by Contractor under the Contract Documents, City shall have all rights and remedies afforded to it at law or in equity to enforce the terms of the Contract Documents; however, arbitration is not an available remedy to resolve any disputes arising under this Contract unless City and Contractor mutually agree to such remedy in a separate written Contract. The exercise of any one right or remedy shall be without prejudice to the enforcement of any other right or remedy allowed at law or in equity. B. Attorneys’ Fees: If any action at law or in equity is necessary by either City or Contractor to enforce or interpret the terms of the Contract Documents, the party prevailing on the majority of issues shall be entitled to reasonable attorneys’ fees and costs and any necessary disbursements in addition to any other relief to which the prevailing party is entitled. C. Conflicts: This Contract, the documents required to be provided, and the Contract Documents constitute the entire Contract between the parties hereto and supersede any prior written or oral Contracts and understandings between the parties. If any provision of this Contract, the General Conditions, the Specifications or any other provision contained within the Contract Documents conflicts, or is inconsistent with any other provision of the Contract Documents, then the conflict or inconsistency will be resolved first by reference to the terms of this Contract, then to the General Conditions to this Contract and then finally to the Specifications therein, unless a federal law, regulation or restriction would require otherwise, in which case the federal provision would control. D. Severability: If any provision of this Contract is held invalid or unenforceable, the remainder of the Contract shall not be affected thereby and all other parts of this Contract shall nevertheless be in full force and effect. E. Venue: This Contract, including the Contract Documents, 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 Work covered by this Contract shall be in Tom Green County, Texas. F. Counterparts: This Contract may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same Contract. G. Enforcement: This Contract shall be construed and enforced according to the laws of the State of Texas. H. Headings: Titles and paragraphs are for convenient reference and are not a part of this Contract. I. No Waiver: No waiver or breach of any provision of this Contract shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing.
    • 12 J. Governing Laws: Should any provision, paragraph, sentence, word or phrase contained in this Contract be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Texas or the City of San Angelo, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Contract shall remain unmodified and in full force and effect or limitation of its use. K. Applicable Law: This Contract and the Contract Documents are subject to all applicable federal and state laws, statutes, codes, rules and regulations and local ordinances, rules and regulations. 28. CONTINGENCY CLAUSE: Funding for this Contract is contingent on the availability of funds and continued authorization for program activities and the Contract is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 29. ENTIRE CONTRACT: This Contract constitutes the sole and entire Contract between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 30. REAFFIRMATION OF REPRESENTATIONS: Contractor hereby reaffirms all of the representations contained in RFB No. ES-03-13. [Signature Page to Follow]
    • 13 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. CONTRACTOR: Brannan Paving Co., LTD By: ATTEST: ________________, _____________ ______________________________ (SEAL) CITY: City of San Angelo By: _____________________________ Daniel Valenzuela, City Manager ATTEST: Alicia Ramirez, City Clerk (SEAL)
    • 14 CONTRACT FOR 2013 SEALCOATING PROGRAM BETWEEN CITY OF SAN ANGELO & BRANNAN PAVING CO., LTD. Approved as to Content: Approved as to Form: ______________________________ Tim Wolff, Interim City Engineer Lysia H. Bowling, City Attorney Approved as to Content: Approved as to Insurance Requirements: Roger Banks, Purchasing Manager John Seaton, Risk Manager
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    • StageCoachTrl S FM 2288 WLoop 306 NOtter Creek Run Sussex Pl Surrey Square Ct Sheffield Dr Barrington C t Penhurst Ct Ashford Dr Durham Cir Weston Ct Lyndhurst Dr BurlingtonRd London Ct W Loop 306 FrontageRd W Loop306 Owls Nest Dr Stratford Ct Drexel Dr AmhurstDr Weston Rd Melrose Ave Stratford Ave Ashford Dr Avondale Ave WindemereCir Ashford Dr N Otter Creek Run S FM 2288 Hunters GlenRd AvondaleAve AshfordDr Weston Rd HuntersGlenRd Stratford Ave Amberton Pkwy Amberton Pkwy Hunters GlenRd Amberton Pkwy Avondale Ave Hunters GlenRd Berkshire Rd Hunters GlenRd Avondale Ave Ashford Dr Hunters GlenRd Sheffield Dr Appaloosa Trl Hunters GlenRd Berkshire Rd Stratford Ave DrexelDr Hunters GlenRd Amberton Pkwy S FM 2288 S FM 2288 Pueblo Pass Amberton Pkwy BurlingtonRd Amberton Pkwy Summer CrestDr Ashford Dr Hunters GlenRd Avondale Ave Avondale Ave Avondale Ave Windemere Cir S FM 2288 Hunters Glen Rd Appaloosa Trl WicklowCt Southampton Pl Hunters GlenRd AshfordDr Appaloosa Trl Hunters GlenRd Hunters GlenRd Windemere Cir Arden Rd Arden Rd Sheffield Dr Stratford Ave HuntersGlenRd Appaloosa Trl Burlington Rd Southland d StratfordAve Hanover Pl W Houston Harte ExpyFrontage Rd AmbertonPkwy Bremerton Dr WLoop306FrontageRd Averill Way Hunters G len Rd M elrose Ave Stratford Ave Avondale Ave Normandy Ln WestonRd Sherwood Way Whitecastle Ln DorchesterDr CoventryLn Arden Rd Am berton Pkwy Arden Rd W Houston Harte Expy Frontage Rd Davenport Dr Pinto Path St Ashford Dr S FM 2288 Appaloosa Cir Burlington Rd Amhurst Dr erwood Way Melrose Ave Ashford Dr Sherwood Way Lyndhurst Dr SunsetDr RM 853 W Houston HarteExpy Ramp AshfordDr Berkley Rd W Houston Harte Expy Frontage Rd Manchester Ln Lyndhurst Dr HuntersGlenRd W HoustonHarte ExpyRamp W Houston HarteExpy AvondaleAve WLoop306FrontageRd AshfordDr Dearborn Rd Melrose Ave Melrose Ave Melrose Ave SFM2288 Drexel Dr Sherwood Way Pueblo Pass WLoop306Ramp AshfordDr BurlingtonRd DrexelDr W Houston HarteExpy Stratford Ave WHouston HarteExpy FrontageRd Warwick Dr MercedesAve W Houston HarteExpy FrontageRd Westminster Ln Kingsbridge Dr Devonshire Ln SFM2288 W Loop306FrontageRd W eston Rd SFM2288 Appaloosa Trl Grand Court RdStage Coach Trl W Loop 306 Ram p Indian Path W Houston Harte Expy Frontage Rd Arden Rd Arden Rd W Houston HarteExpy FrontageRd W Loop 306 Frontage Rd W Loop 306WLoop306Ramp W Loop 306 W Houston Harte Expy Frontage Rd WHoustonHarteExpy W HoustonHarteExpy SFM2288 2013 Sealcoat Contract Area A ¤Legend Sealcoat with Pavement Marking Sealcoat 2013 Use Sealcoat without Pavement Markings
    • HoweSt Junius St Howard St STylerSt Live Oak St ClarkDr SVan BurenSt Sherwood Way North St STaylorSt CedarCreekLn Guadalupe St Oxford Ave YaleAve Waco St HoweSt Dallas St Pecos St Parkview Dr STaylorSt Arden Rd GlennaDr CollegeHillsCir Parkwood Dr Brook H ollow Ln Oxford Cir Oak Forest Ct ForestTrl Colem anSt Vista Ct Princeton Ave Douglas Dr A&M Cir ClarkDr SFillmoreSt Live Oak St Creek Drpvt W Avenue M ForestTrl HillaryCt BuickSt Colorado Ave WestoverTerrace Dr S College Hills Blvd NCampus Blvd SJohnsonSt SLincolnSt Vista del Arroyo Dr QueensCt pvt Nottingham Trl Baylor Ave CambridgeSt Robin Hood Trl ForestTrl TulaneSt W aco St Hummingbird Ln SA&M Ave Sul RossSt SA&M Ave SPierceSt Sul RossSt ulR St S College Hills Blvd SA&MAve Moritz Cir Sul RossSt HilpDr Oxford Ave Sherwood Way Pecos St Robin Hood Trl Sul RossSt Rio Grande St SAC Ave SAC Ave Westland Ave WimberlySt W Twohig Ave Baylor Ave Waco St HowardSt SCollegeHills Blvd Angelo Blvd Wichita Ave ShamrockDr McKeeLn SPierceSt 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Bluff Ln Overhill Dr S College HillsBlvd GreenValley Trl Red Bluff Rd Club Lake Ct BermudaDr Brook Hollow Ln Augusta Dr Sierra Ct Sawgrass Dr Dominion Ridge Cir Southwest Blvd Royal Oak Dr Sugar MapleLn Southland Blvd Winterberry Ln AlamitoSt StoneCanyonTrl Grayburg Dr Augusta Dr SheffleraDr W indm ill Dr Overhill Dr Tridens Trl BlueRidge Trl Green ValleyTrl AltaVista Ln BrazosSt SouthwestBlvd FairwayDr Southland Blvd Coral Way GreenMeadow Dr Putter Dr CarrizoSt Shady Point Circle Dr Sunset Ct WalnutHill Dr Berm udaDr TurtleDr SouthlandBlvd Southland Blvd BlueRidge Trl Canyon Creek Dr AprilSt LaVacaSt Valleyview Blvd CanadianSt Summit Ln Stone Canyon Trl LaurelOak Dr Rita BlancaSt W illow Dr MaravillasSt RedOakLn Shady Point Circle Dr Meadowcreek Trl Green Valley Trl BentwoodDr VillageTrl pvt MermaidRd Windmill Dr Margaret Lnpvt S College Hills Blvd Blue Grama Trl Briargrove Ln BriargroveLnSummit Ln ValleyviewBlvd HallyeCt SouthlandBlvd Briargrove Ln GreenMeadow Dr RockbrookDr 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AltaVista Ln Palo Duro Dr MeadowcreekTrl Maple Wood Dr School House Dr Ridgecrest Ln Briargrove Ln Santiago CanyonTrl Wildewood Dr Palo Duro Dr Twin Mountain Dr KnickerbockerRd Shefflera Dr Chimney Rock Ln SouthlandBlvd TabosaDr Palo Duro Dr Valleyview Blvd Briargrove Ln W indm ill Dr Huntington Ln W Loop306 Palo Duro Dr HallyeCt W Loop 306 Frontage Rd FairwayDr Cedar Ridge Ln Fall CreekDr O verhillDr Knickerbocker Rd CanyonCreek Dr Clearview Dr Timber Ridge Dr RoyalOakDr Rockbrook Dr Clearview Dr Knickerbocker Rd Lincoln Park EastRd Knickerbocker Rd Club House Ln Cedarhill Dr Fieldwood Dr Southland Blvd DominionRidge Green Meadow Dr Canyon Creek Dr Hemlock Dr Sunset Dr Oak Mountain Trl GreenMeadow Dr Ridgecrest Ln KnickerbockerRd Clearview Dr Grandview Dr Shadyhill Dr Valleyview Blvd Cedarhill Dr Lake Ridge Dr Tridens Trl Fairway Dr Lindenwood Dr Rockbrook Dr Lindenwood Dr Middle Concho Dr Threeawn Trl Timber RidgeDr Canyon Creek Dr Southwest Blvd OakHills Trl Sunset Dr Shadyhill Dr Sequoia Cir Clearview Dr Grandview Dr Shadyhill Dr Valleyview Blvd BeverlyDr Silver Spur Dr GreenMeadow Dr W Loop306Frontage RdGreenMeadow Dr SouthlandBlvd OakGrove Blvd KnickerbockerRd Timber Ridge Dr BeatyRd Grandview Dr LincolnPark WestRd KnickerbockerRd BillieBolinDr CanalRd KnickerbockerRd GunClubRd Shady Point CircleDr Tanglewood Dr W Loop306 Ramp Rockbrook Dr Southridge Dr Walnut Hill Dr KnickerbockerRd Harmony Ln Green Meadow Dr Grandview Dr Silver Spur Dr Forest Hill Dr Green Meadow Dr Twin Mountain Dr W Loop 306 Ramp Oak Forest Dr W Loop 306Ramp Wildewood Dr W Loop 306 Frontage Rd Red Bluff Ramp Rd Greenridge Dr Clearview Dr Village East Cir pvt Chatterton Dr Sunset Dr Lindenwood Dr SouthlandBlvd BeatyRd Cham pions Cir Grandview Dr W Loop306 Ramp Dominion Ridge Valleyview Blvd Shadyhill Dr Twin Mountain Dr Beaty Rd W Loop306 W Loop306 W Loop306 W Loop306 RedBluffRd Red Bluff Rd Hillside Dr SCollege Hills Blvd Valleyview Blvd Red Bluff Rd 2013 Sealcoat Contract Area D ¤Legend Sealcoat with Pavement Marking Sealcoat 2013 Use Sealcoat without Pavement Markings
    • C I T Y   O F   S A N   A N G E L O  BID TABULATION * RFB NO: ES‐03‐13 * June 13, 2013 Street Sealcoating 2013 No Units Qty Item Description Unit Price Extended Unit Cost Extended Unit Cost Extended Unit Cost Extended 1 SY 902,173 PB-4 / AC-20-5TR or AC-15P, installed complete 1.79$ $ 1,610,378.81 1.80$ $ 1,623,911.40 2.29$ $ 2,065,976.17 1.83$ $ 1,650,976.59 2 LS 1 Pavement Markings Type (III), to include , White 4” -1860 LF, Yellow 4” – 18,400 LF, 13 Crosswalks 24” White, 10 RR Xing White, 80 Stop Bars 24” White, 6 Speed Bars White, 8 Arrows White. 22,500.00 $ 22,500.00 35,000.00 $ 35,000.00 30,000.00 30,000.00 26,043.00 26,043.00 1 Contingency 155,000.00 155,000.00 155,000.00 155,000.00 155,000.00 155,000.00 155,000.00 155,000.00 TOTAL 1,787,878.81$ TOTAL 1,813,911.40$ TOTAL 2,250,976.17$ TOTAL 1,832,019.59$ Bid Bond: Yes Yes Yes Yes Bids Mailed To: Blacktopper Technology, Inc. Blanco TX Brannon Paving Co Victoria TX Contract Paving Co. Tye TX F N Ploch Const New BraunfelsTX Lipham Construction Co., Inc. Aspermont TX Mr.T's Asphalt Paving & Sealcoating Menard TX Northeastern Pavers, Inc. Granbury TX Price Construction Big Spring TX Ronald Wagner & Co LPBrannan Paving Cox Paving Intermountain Y:Engineering ServicesProjectsSealcoatES‐3‐13 2013 Sealcoat ProgramDesignBid DocumentsBid TabBid Tab‐ES0313‐Final.xlsx Price Construction Big Spring TX Reece Albert San Angelo TX Ronald Wagner & Co LP Kendalia TX Van Zandt Paving Odessa TX Y:Engineering ServicesProjectsSealcoatES‐3‐13 2013 Sealcoat ProgramDesignBid DocumentsBid TabBid Tab‐ES0313‐Final.xlsx
    • City of San Angelo Memo Date: July 18, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Agenda Item for August 6, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: Discussion of residential water consumption on number of accounts using more than 50,000 gallons a month. Summary: During the July 2, 2013 City Council meeting, Council requested the number of residential water customers using more than 50,000 gallons a month. This item was pulled from the July 16, 2013 meeting and requested to be placed on the next meeting. History: N/A Financial Impact: N/A Related Vision Item (if applicable): None. Other Information/Recommendation: N/A Attachments: Presentation Presentation: Information presented by Ricky Dickson. Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, July 18, 2013.
    • City of San Angelo Memo Date: August 2, 2013 To: Mayor and Council members From: Ricky Dickson, Water Utilities Director Subject: Agenda Item for August 6, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: Discussion and possible action on awarding bid WU-06-13 for the 2013 Water Line Improvements Contract No. 1 to one of the following companies based on the bids received from Darnell Construction, LLC (San Angelo, TX) in the amount of $1,964,955.69, Housley Communications, Inc. (San Angelo, TX) in the amount of $1,399,276.40, and from QRO MEX Construction Company, Inc. (Granite Shoals, TX) in the amount of $1,344,648.00; and authorizing the City Manager to execute said contract, in substantially the attached form, and any related documents Summary: Bids have been received from (3) contractors for the construction of the 2013 Water Line Improvements Contract No. 1. The three contractors were Darnell Construction, LLC, in the amount of $1,964,955.69, Housley Communications, Inc. in the amount of $1,399,276.40 and QRO MEX Construction Company, Inc. in the amount of $1,344,648.00. Low bid for the project was submitted by QRO MEX Construction Company, Inc. and the low bid had no exceptions to the specifications. History: This project is a continuation of the Water Utilities Capital Improvements Program to rehabilitate the water system. Financial Impact: The project is funded by the Capital Improvements Program. Related Vision Item (if applicable): None Other Information/ Recommendation: Approximately 13,369 feet of cast iron mains will be replaced under this contract. This project will cover the lines serving East Harris Avenue from Main Street to Browning Street, North Main Street from East Beauregard Avenue to Houston Harte, Ben Ficklin Road from West Avenue Z to West Avenue Q and East Avenue D from South Oakes Street to Powell Street. It is recommended the bid be accepted from QRO MEX Construction Company, Inc. and the City Manager, Water Utilities Director or City Manager Designee be authorized to negotiate and execute a contract and related documents. Attachments: Bid Tabulation, DRAFT Contract, and Excerpt from State Law concerning construction contract awarding based on bidder’s principal place of business.
    • Presentation: None Publication: Advertised for bid in the San Angelo Standard Times May 13 and May 20, 2013. Reviewed by Director: Ricky Dickson, Water Utilties Director, July 17, 2013 Approved by Legal: July 8, 2013
    • Y:13-RFXWater UtilitiesWU0613 Water Line ImprovementBid Tab-WU0613-Detail City of San Angelo BID TABULATION * RFB NO: WU-06-13 * June 13, 2013 Water Line Improvements 2013-Contract 1 No Item Description Units Qty Unit Cost Extended Unit Cost Extended Unit Cost Extended 1 8" AWWA C900 CLASS 150 PVC PIPE LF 10,674 100.15$ $ 1,069,001.10 61.00$ $ 651,114.00 65.00$ $ 693,810 00 2 8" AWWA C900 DR18 CERTA-LOK PVC PIPE LF 960 124.41 119,433.60 115.00 110,400.00 70.00 67,200 00 3 6" AWWA C900 CLASS 150 PVC PIPE LF 1,434 62.64 89,825.76 64.50 92,493.00 59.00 84,606 00 4 4" AWWA C900 CLASS 150 PVC PIPE LF 263 57.56 15,138.28 59.00 15,517.00 40.00 10,520 00 5 2" CLASS 200 SDR 21 PVC PIPE LF 301 50.71 15,263.71 41.10 12,371.10 35.00 10,535 00 6 8" RESILIENT SEAT GATE VALVE EA 53 1,966.78 104,239.34 1,360.00 72,080.00 1,200.00 63,600 00 7 6" RESILIENT SEAT GATE VALVE EA 21 1,654.76 34,749.96 950.00 19,950.00 800.00 16,800 00 8 4" RESILIENT SEAT GATE VALVE EA 4 1,540.11 6,160.44 810.00 3,240.00 700.00 2,800 00 9 2" GATE VALVE EA 3 1,130.88 3,392.64 475.00 1,425.00 475.00 1,425 00 10 14"x 8" WET TAP EA 1 3,493.19 3,493.19 2,210.00 2,210.00 3,500.00 3,500 00 11 12"x 8" WET TAP EA 1 3,027.25 3,027.25 1,700.00 1,700.00 3,000.00 3,000 00 12 10"x 8" WET TAP EA 1 2,968.82 2,968.82 1,605.00 1,605.00 3,000.00 3,000 00 13 8"x 8" WET TAP EA 3 2,962.00 8,886.00 1,515.00 4,545.00 2,500.00 7,500 00 14 6"x 6" WET TAP EA 3 2,591.97 7,775.91 1,200.00 3,600.00 2,500.00 7,500 00 15 FIRE HYDRANT ASSEMBLY EA 11 7,329.76 80,627.36 5,900.00 64,900.00 2,800.00 30,800 00 16 1" SERVICE LINE EA 111 846.00 93,906.00 1,410.00 156,510.00 980.00 108,780 00 17 2" SERVICE LINE EA 19 1,125.60 21,386.40 1,360.00 25,840.00 1,810.00 34,390 00 18 BORE WITH 14" STEEL ENCASEMENT PIPING FOR 8" PVC LF 175 230.84 40,397.00 145.00 25,375.00 200.00 35,000 00 19 BORE WITH 12" STEEL ENCASEMENT PIPING FOR 6" PVC LF 75 200.68 15,051.00 116.00 8,700.00 200.00 15,000 00 20 BORE WITH 2" COPPER ENCASEMENT PIPING FOR 1" PVC LF 65 1,547.77 100,605.05 20.10 1,306.50 100.00 6,500 00 21 RELOCATION OF SERVICE EA 5 1,680.00 8,400.00 470.00 2,350.00 950.00 4,750 00 22 TRENCH SAFETY LF 13,632 0.09 1,226.88 0.15 2,044.80 1.00 13,632 00 23 CONTINGENCY LS 1 120,000.00 120,000.00 120,000.00 120,000.00 120,000.00 120,000 00 TOTAL 1,964,955.69$ 1,399,276.40$ 1,344,648.00$ Bid Bond: Yes Yes Yes Bids Mailed To: Benmark Supply Midland TX Big Country Water Works Brownwood TX CM Construction San Angelo TX Darnell Construction, LLC San Angelo TX Dickson Underground Utility Construction, LLC San Angelo TX HD Supply Waterworks Waco TX Housley Communication Inc San Angelo TX JENCO San Angelo TX Morrison Supply San Angelo TX Reece Albert San Angelo TX Roberts Construction San Angelo TX Texas Water & Soil San Angelo TX US Filter Waco TX McGraw-Hill Dodge Reports Hot Springs AR AGC Plan Room/Wichita Falls Wichita Falls TX Darnell Construction Housley QRO Mex Construction
    • CONSIDERATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Sec. 271.027. AWARD OF CONTRACT. (a) The governmental entity is entitled to reject any and all bids. (b) The contract must be awarded to the lowest responsible bidder, but the contract may not be awarded to a bidder who is not the lowest bidder unless before the award each lower bidder is given notice of the proposed award and is given an opportunity to appear before the governing body of the governmental entity or the designated representative of the governing body and present evidence concerning the bidder's responsibility. Sec. 271.905. CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS. (a) In this section, "local government" means a municipality, a county, or another political subdivision authorized under this title to purchase real property or personal property that is not affixed to real property. The term does not include a school district. (b) In purchasing under this title any real property or personal property that is not affixed to real property, if a local government receives one or more bids from a bidder whose principal place of business is in the local government and whose bid is within three percent of the lowest bid price received by the local government from a bidder who is not a resident of the local government, the local government may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the local government if the governing body of the local government determines, in writing, that the local bidder offers the local government the best combination of contract price and additional economic development opportunities for the local government created by the contract award, including the employment of residents of the local government and increased tax revenues to the local government. (c) This section does not prohibit a local government from rejecting all bids. Sec. 271.9051. CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS IN CERTAIN MUNICIPALITIES. (a) This section applies only to a municipality that is authorized under this title to purchase real property or personal property that is not affixed to real property. (b) In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract for construction services in an amount of less than $100,000 or a contract for other purchases in an amount of less than $500,000 with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. (c) This section does not prohibit a municipality from rejecting all bids.
    • (d) This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. GOVERNMENT CODE, TITLE 10. GENERAL GOVERNMENT, SUBTITLE F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT, CHAPTER 2252. CONTRACTS WITH GOVERNMENTAL ENTITY Sec. 2252.002. AWARD OF CONTRACT TO NONRESIDENT BIDDER. A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. Sec. 2252.004. CONTRACT INVOLVING FEDERAL FUNDS. This subchapter does not apply to a contract involving federal funds.
    • 1 CONTRACT FOR CONSTRUCTION OF 2013 WATER LINE IMPROVEMENTS RFB No. WU-06-13 This Contract is entered into this ___ day of ____________, 2013 (but effective as of __________________,2013)(“effective date”) by and between the City of San Angelo, a home- rule municipal corporation of the State of Texas (“City”) and Qro Mex Construction Co., Inc., a Texas corporation, (“Contractor”). RECITALS: A. City has issued a Request for Bid No.WU-06-13 Water Utilities 2013 Water Line Improvements Contract No. 1 (“RFB No.WU-06-13”) for the replacement of existing water mains in East Harris Avenue, North Main Street, Ben Ficklin Road and Avenue D, as specified in the Contract Documents (“Work”); and Contractor’s bid, in response thereto, has been selected as the most qualified proposal for the provision of Work. B. The Council of the City of San Angelo approved the selection of Contractor on ________________, 2013, and authorized the City Manager to negotiate and execute a Contract, under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, City and Contractor agree as follows: TERMS: 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Contract. 2. STATEMENT OF WORK: A. Contractor shall be responsible for completing Work described in RFB No.WU-
    • 2 06-13 for the replacement of existing water mains in East Harris Avenue, North Main Street, Ben Ficklin Road and Avenue D, as specified in the Contract Documents. B. Contractor shall provide all labor for preparing the worksite and furnish all material, accessories, labor, and equipment necessary for completing the construction, replacement and installation; and, all other Work specified in the technical specification documents and drawings included with the Contract Documents incorporated herein by reference in Section 7. of this Contract and in accordance with the terms and conditions set forth herein and within those Contract Documents. 3. TIME OF PERFORMANCE: Contractor agrees to substantially complete Work within three hundred sixty-five (365) consecutive calendar days (“Contract Time”) after the date Work commences as established by the Notice to Proceed. Contractor further agrees that approval for beginning Work on the project will not be given and that Work will not start until all required bonds and insurance certificates specified in the bid documents have been received and approved by City. 4. LIQUIDATED DAMAGES: City and Contractor recognize that the time of performance is of the essence in this Contract and that City will suffer financial loss if Work is not substantially complete within the time specified in Section 3. above, plus any extensions thereof allowed. Both parties hereto also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by City if Work is not substantially complete on time. Accordingly, instead of requiring such proof, City and Contractor agree that a reasonable estimate of liquidated damages for any delay (but not as a penalty) would be for Contractor to pay City Five Hundred and 00/100 Dollars ($500.00) for each calendar day that expires after the time specified in Section 3. until Work is substantially complete. Therefore,
    • 3 Contractor shall pay City as liquidated damages Five Hundred and 00/100 Dollars ($500.00) for each calendar day that expires after the time specified in Section 3. until Work is substantially complete. 5. CONTRACT PRICE: City shall pay to Contractor for performance of Work embraced in this Contract, and Contractor shall accept as full compensation therefore, the Bid Price of One Million Three Hundred Forty-Four Thousand Six Hundred Forty-Eight Dollars ($1,344,648.00) subject to adjustment only as provided by approved change order, for all Work covered by and included in the contract award; payment thereof to be made in current funds in the manner provided in Section 6. Payment Procedure. 6. PAYMENT PROCEDURE: Contractor shall submit Applications for Payment in accordance with the General Conditions as shown in RFB No. WU-06-13 and City shall process the Applications for Payment in accordance with the General Conditions, except that progress payments and the final payment under this Contract shall be made as set forth below: A. Progress Payments. City shall make progress payments of the Contract Price on the basis of Contractor’s Application for Payment on or about the thirtieth (30th) day after submittal of the Application for Payment each month as provided below. All progress payments shall be based upon the progress of Work measured as provided for in the General Conditions. 1) Contractor shall subdivide Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Partial payment retainage shall not exceed five percent (5%) of the total bid price and shall be released when component part is complete and accepted. Upon approval of the value by City, it shall be incorporated into the form of a Partial Payment Estimate furnished by Contractor.
    • 4 2) For materials delivered on the site which are to be fabricated into the work, payment will be allowed for one hundred percent (100%) of the material cost, less any payments previously made for materials on hand not yet in place but to be included in the work, less retainage. For water lines, fittings, valves, fire hydrant assemblies and related work partial payment shall be made for completion of the individual section of work identified and more fully described in RFB. No. WU- 06-13, Technical Specifications, Section 3.1.20 of the General Notes, entitled “Approximate Breakdown of Quantities.” The Work shall be performed in the manner and sequence more fully described in Technical Specifications, General Notes, Sections 3.1.18 and 3.1.19. 3) Upon substantial completion as described in the General Conditions, City shall pay an amount sufficient to increase total payments to Contractor to Ninety Five Percent (95%) of the Contract Price, less such amounts, if any, City determines should be deducted in accordance with the General Conditions. B. Partial Payment. City shall pay for water lines, fittings, valves, fire hydrant assemblies, blow-off valves, and all other related appurtenances in the following manner. 1) Upon completion of pipe laying, fittings, valves, fire hydrant assemblies, valve construction, backfilling road replacement (if required), consolidation of trench backfill, all associated pressure and bacterial testing on pipe, fire hydrants and customer connections and asphalt repair, payment will be allowed for eighty percent (80%) for the water lines. 2) The remaining twenty percent (20%) will be allowed when the property affected by construction operations has been completely restored to its original or
    • 5 required condition, including fence replacement, preliminary and final grading, seeding/sodding (if required), general site cleanup, kill outs, punch list items, etc. and removal of all equipment or materials related to construction. The twenty percent (20%) to be allowed when said property restoration occurs shall not be considered retainage, but shall be considered as payment for work associated with property restoration. 7. CONTRACT DOCUMENTS: The following documents from City are incorporated herein by reference for all purposes, as if fully set out verbatim:  Request for Bid No.WU-06-13 Water Utilities 2013 Water Line Improvements Contract No. 1 (“RFB No.WU-06-13”)  All of the documents, conditions, specifications, technical data, drawings, requirements and addenda comprising said Bid Invitation Number as of the time this Contract is entered by Contractor and City. 8. CONTRACTOR’S REPRESENTATIONS: In order to induce City to enter into this Contract, Contractor makes the following representations to City: A. Contractor has familiarized itself with the nature and extent of the Contract Documents, Work, and with all local conditions and federal, state and local laws. B. Contractor has made, or caused to be made, examinations and investigations of information as it deems necessary for the performance of Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations or similar data are, or will be required by Contractor for such purposes. C. Contractor has given City advanced written notice of all conflicts, errors, or
    • 6 discrepancies that it has discovered in the Contract Documents prior to bidding and the written resolution thereof by City is acceptable to Contractor. D. Contractor is skilled and experienced to responsibly perform the type of Work described in the Contract Documents in a timely manner. 9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Contractor understands that Contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, recordkeeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time. 10. OWNERSHIP OF DOCUMENTS: Contractor understands and agrees that any information, document, report or any other material whatsoever which is given by City to Contractor or which is otherwise obtained or prepared by Contractor pursuant to or under the terms of this Contract is and shall at all times remain the property of City. Contractor agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of City, which may be withheld or conditioned by City in its sole discretion. 11. AUDIT AND INSPECTION RIGHTS: A. City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by City to Contractor under this Contract, audit, or cause to be audited, those books and records of Contractor which are related to Contractor’s performance under this Contract. Contractor agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Contract. B. City may, at reasonable times during the term hereof, inspect Contractor’s
    • 7 facilities and perform such tests, as City deems reasonably necessary, to determine whether the goods or services required to be provided by Contractor under this Contract conform to the terms hereof, if applicable. Contractor shall make available to City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of San Angelo Code of Ordinances, as same may be amended or supplemented from time to time. 12. AWARD OF CONTRACT: Contractor represents and warrants to City that it has not employed or retained any person or company employed by City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with the award of this Contract. 13. PUBLIC RECORDS: Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, and agrees to allow access by City and the public to all documents subject to disclosure under applicable law. Contractor’s failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Contract by City. 14. DEFAULT: If Contractor fails to comply with any term or condition of this Contract, or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default hereunder, City in addition to all remedies available to it by law, may immediately, upon written notice to Contractor, terminate this Contract whereupon all payments, advances, or other compensation paid by City to Contractor while Contractor was in default shall be immediately returned to City. Contractor understands and agrees that termination of this Contract under this section shall not release Contractor from any obligation accruing prior to the
    • 8 effective date of termination. Should Contractor be unable or unwilling to commence to perform Work within the time provided or contemplated herein, then, in addition to the foregoing, Contractor shall be liable to City for all expenses incurred by City in preparation and negotiation of this Contract, as well as all costs and expenses incurred by City in the re-procurement of Work, including consequential and incidental damages. 15. CITY’S TERMINATION RIGHTS: A. City shall have the right to terminate this Contract, in its sole discretion, at any time, by giving written notice to Contractor at least five (5) business days prior to the effective date of such termination. In such event, City shall pay to Contractor compensation for Work rendered and expenses incurred prior to the effective date of termination. In no event shall City be liable to Contractor for any additional compensation, other than that provided herein, or for any consequential or incidental damages. B. City shall have the right to terminate this Contract, without notice or liability to Contractor, upon the occurrence of an event of default hereunder. In such event, City shall not be obligated to pay any amounts to Contractor and Contractor shall reimburse to City all amounts received while Contractor was in default under this Contract. 16. RESOLUTION OF CONTRACT DISPUTES: Contractor understands and agrees that all disputes between Contractor and City based upon an alleged violation of the terms of this Contract by City shall be submitted to City Manager for his resolution, prior to Contractor being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty Five Thousand Dollars ($25,000.00), the City Manager’s decision shall be approved or disapproved by the City Council. Contractor shall not be entitled to seek judicial relief unless: (i) Contractor has first received City Manager’s written
    • 9 decision, approved by the City Council if the amount of compensation hereunder exceeds Twenty Five Thousand Dollars ($25,000.00); or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (90 days if City Manager’s decision is subject to City Council approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 17. INSURANCE: A. Contractor shall, at all times during the term hereof, maintain such insurance coverage as may be required by City. All such insurance, including renewals, shall be subject to the approval of City for adequacy of protection and evidence of such coverage shall be furnished to City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of Work under this Contract without thirty (30) calendar days prior written notice to City. Completed Certificates of Insurance shall be filed with City prior to the performance of services hereunder, provided however, that Contractor shall at any time upon request file duplicate copies of the policies of such insurance with City. B. If in the judgment of City, prevailing conditions warrant the provision by Contractor of additional liability insurance coverage or coverage which is different in kind, City reserves the right to require the provision by Contractor of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Contractor fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following City’s written notice, this Contract shall be considered terminated on the
    • 10 date that the required change in policy coverage would otherwise take effect. 18. INDEMNIFICATION: A. GENERAL INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF CONTRACTOR 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 CONTRACTOR, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR AND ANY OTHER ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS CONTRACT OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY CONTRACTOR HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS CONTRACT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE CONTRACTOR TO INDEMNIFY, DEFEND, OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. B. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR IN THIS CONTRACT SHALL SURVIVE THE EXPIRATION OF THIS CONTRACT AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE TERM OF THIS CONTRACT BUT THEREAFTER SO LONG AS ANY LIABILITY COULD
    • 11 BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OF CONTRACTOR IN PERFORMING UNDER THIS CONTRACT. C. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THIS CONTRACT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTS OCCURRING DURING THE TERM OF THIS CONTRACT BUT RETROACTIVELY TO CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE TERM OF PREVIOUS CONTRACTS BETWEEN CITY AND CONTRACTOR. D. APPLICATION TO SURROUNDING PROPERTY. THE INDEMNIFICATION PROVISIONS OF THIS CONTRACT EXTEND TO CLAIMS AND ASSESSMENTS RELATING TO RUNOFF, LEACHATE, OR OTHER INFILTRATION THAT MY OCCUR OR HAS OCCURRED AT OR NEAR THE SITE OF LANDFILLS, TRANSFER STATIONS, OR OTHER SOLID WASTE FACILITIES AND SURROUNDING AREAS WHICH ARE OR WERE USED BY THE CONTRACTOR, DURING THE TERM OF THIS CONTRACT OR PREVIOUS CONTRACTS BETWEEN CITY AND CONTRACTOR. THIS SECTION DOES NOT MAKE CONTRACTOR LIABLE FOR ANY SITE IT HAS NEVER USED, CLOSED, MANAGED OR MONITORED. 19. INSURANCE REQUIREMENTS: A. General Conditions. The following conditions shall apply to all insurance policies obtained by Contractor for the purpose of complying with this Contract. 1) Satisfactory Companies. Coverage shall be maintained with insurers and under forms of policies satisfactory to City and with insurers licensed to do business in Texas. 2) Named Insureds. All insurance policies required herein shall be drawn in the name of Contractor, 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. 3) Waiver of Subrogation. Contractor 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,
    • 12 consultants and employees. 4) Certificates of Insurance. At or before the time of execution of this Contract, Contractor 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, Contractor 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. Certificates of insurance and notices of cancellations, terminations, or alterations shall be furnished to City’s Risk Manager at City Hall, 72 W. College Ave., San Angelo, Texas 76903. 5) Contractor’s Liability. The procurement of such policy of insurance shall not be construed to be a limitation upon Contractor’s liability or as a full performance on its part of the indemnification provisions of this Contract. Contractor’s obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury, or loss caused by or attributable to its activities conducted at or upon the premises. Failure of Contractor to maintain adequate coverage shall not relieve Contractor of any contractual responsibility or obligation. 6) Subcontractors’ Insurance. Contractor shall cause each Subcontractor and Sub-Sub- Contractor of Contractor to purchase and maintain insurance of the types and in the amounts specified below. Contractor shall require Subcontractors and Sub- Subcontractors to furnish copies of certificates of insurance to City’s Risk Manager evidencing coverage for each Subcontractor and Sub-Subcontractor. B. Types And Amounts Of Insurance Required. Contractor shall obtain and continuously maintain in effect at all times during the term hereof, at Contractor’s sole expense, insurance coverage as follows with limits not less than those set forth below: 1) Commercial General Liability. This policy shall be occurrence-type policy and shall protect Contractor and additional insureds against all claims arising from bodily
    • 13 injury, sickness, disease or death of any person (other than Contractor’s employees) and damage to property of City or others arising out of the act or omission of Contractor or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by Contractor under the paragraph of this Contract 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 limits shall not be less than: $2,000,000.00 General Aggregate $1,000,000.00 Products- Completed Operations $1,000,000.00 Personal & Advertising Injury $1,000,000.00 Each Occurrence $ 100,000.00 Fire Damage (any one fire) 2) Business Automobile Liability. This policy shall protect Contractor 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 limits shall not be less than: $1,000,000.00 Combined Single Limit 3) Workers’ Compensation and Employer’s Liability. If Contractor hires any employees, Contractor shall maintain Workers’ Compensation and Employer’s Liability insurance, which shall protect Contractor against all claims under applicable state workers’ compensation laws and employer’s liability. The insured shall also be protected against claim 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 - Each Employee $500,000.00 Employer’s Liability, Disease - Policy Limit
    • 14 The foregoing requirement will not be applicable if, and so long as, Contractor 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 City in accordance with the notice provisions of this Contract. If Contractor uses contract labor, Contractor shall require its subcontractor to maintain the above referenced coverage and furnish copies of certificates of insurance as required herein.) 20. INDEPENDENT CONTRACTOR: Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Contractor shall at all times remain an independent contractor with respect to the services to be performed under this Contract. City shall be exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical insurance and workers’ compensation insurance on Contractor’s employees. 21. NONDISCRIMINATION: Contractor represents and warrants to City that Contractor does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Contractor’s performance under this Contract on account of race, color, sex, religion, age, handicap, marital status or national origin. Contractor further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Contract. 22. VERIFICATION OF EMPLOYMENT ELIGIBILITY: Provider must comply with the Immigration Reform and Control Act (IRCA) and may not knowingly obtain labor or services of an unauthorized alien. Provider -- not City -- must verify eligibility for employment as required by IRCA. 23. AMENDMENTS: City or Contractor may amend this Contract at any time provided
    • 15 that such amendments make specific reference to this Contract, and are executed in writing, signed by a duly authorized representative of both organizations, and approved by City. Such amendments shall not invalidate this Contract, nor relieve or release City or Contractor from their respective obligations under this Contract. 24. ASSIGNMENT: No assignment by a party hereto of any rights under, or interest in, the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due, and moneys that are due, may not be assigned without such prior consent (except to the extent that this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 25. SUCCESSORS AND ASSIGNS: This Contract shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 26. NOTICES: Communication and details concerning this Contract shall be directed to the following representatives: CITY: CONTRACTOR: City of San Angelo Qro Mex Construction Company, Inc. Attn: David Hall Attn: Gualberto Perez Rubio, President 72 W. College Ave. 2801 Prairie Creek Rd San Angelo, Texas 76903 Granite Shoals, Texas 78654 Phone: (325)657-4261 Phone: (830) 598-2268 Email: David.Hall@cosatx.us Email: rr.qromex@gmail.com Before City shall be liable to Contractor or any of its successors or assigns for any alleged breach of this Contract, notice must first be given City within six (6) months of the date Contractor alleges the breach occurred. Such notice shall be in accordance with and provide substantially the same information as required for notice of tort claims as specified in Article
    • 16 1.500 of the City of San Angelo Code of Ordinances. 27. MISCELLANEOUS PROVISIONS: A. Remedies: In the event of default by Contractor under the Contract Documents, City shall have all rights and remedies afforded to it at law or in equity to enforce the terms of the Contract Documents; however, arbitration is not an available remedy to resolve any disputes arising under this Contract unless City and Contractor mutually agree to such remedy in a separate written Contract. The exercise of any one right or remedy shall be without prejudice to the enforcement of any other right or remedy allowed at law or in equity. B. Attorneys’ Fees: If any action at law or in equity is necessary by either City or Contractor to enforce or interpret the terms of the Contract Documents, the party prevailing on the majority of issues shall be entitled to reasonable attorneys’ fees and costs and any necessary disbursements in addition to any other relief to which the prevailing party is entitled. C. Conflicts: This Contract, the documents required to be provided, and the Contract Documents constitute the entire Contract between the parties hereto and supersede any prior written or oral Contracts and understandings between the parties. If any provision of this Contract, the General Conditions, the Specifications or any other provision contained within the Contract Documents conflicts, or is inconsistent with any other provision of the Contract Documents, then the conflict or inconsistency will be resolved first by reference to the terms of this Contract, then to the General Conditions to this Contract and then finally to the Specifications therein, unless a federal law, regulation or restriction would require otherwise, in which case the federal provision would control. D. Severability: If any provision of this Contract is held invalid or unenforceable, the remainder of the Contract shall not be affected thereby and all other parts of this Contract
    • 17 shall nevertheless be in full force and effect. E. Venue: This Contract, including the Contract Documents, 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 Work covered by this Contract shall be in Tom Green County, Texas. F. Counterparts: This Contract may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same Contract. G. Enforcement: This Contract shall be construed and enforced according to the laws of the State of Texas. H. Headings: Titles and paragraphs are for convenient reference and are not a part of this Contract. I. No Waiver: No waiver or breach of any provision of this Contract shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. J. Governing Laws: Should any provision, paragraph, sentence, word or phrase contained in this Contract be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Texas or the City of San Angelo, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Contract shall remain unmodified and in full force and effect or limitation of its use. K. Applicable Law: This Contract and the Contract Documents are subject to all applicable federal and state laws, statutes, codes, rules and regulations and local ordinances,
    • 18 rules and regulations. 28. CONTINGENCY CLAUSE: Funding for this Contract is contingent on the availability of funds and continued authorization for program activities and the Contract is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 29. ENTIRE CONTRACT: This Contract constitutes the sole and entire Contract between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 30. REAFFIRMATION OF REPRESENTATIONS: Contractor herby reaffirms all of the representations contained in RFB No. WU-06-13. [Signature Page to Follow]
    • 19 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. . CONTRACTOR: Qro Mex Construction Company, Inc By: ATTEST: Gualberto Perez Rubio, President ________________________________ (SEAL) CITY: City of San Angelo By: _____________________________ Daniel Valenzuela, City Manager ATTEST: Alicia Ramirez, City Clerk (SEAL)
    • 20 CONTRACT FOR 2013 WATER LINE IMPROVEMENTS CONTRACT No.1 BETWEEN CITY OF SAN ANGELO & QRO MEX CONSTRUCTION COMPANY, INC. RFB No. WU-06-13 Approved as to Content: Approved as to Form: ______________________________ Ricky Dickson, Director of Water Utilities Lysia H. Bowling, City Attorney Approved as to Content: Approved as to Insurance Requirements: Kevin Krueger, Assistant Director of John Seaton, Risk Manager Water Utilities
    • City of San Angelo Memo Date: July 24, 2013 To: Mayor and Council members From: Ricky Dickson, Water Utilities Director Subject: Agenda Item for August 6, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: Discussion and possible action including but not limited to awarding Bid WU-08-13 Hickory Well Field Expansion - Package #1 to Alsay Incorporated of Houston, Texas for constructing 5, 6, or 7 wells (bid amounts ranging from $6,423,730.00 for 5 wells to $8,729,000.00 for 7 wells), authorizing staff to negotiate a contract, in substantially the attached form, and authorizing the City Manager to execute said contract and any related documents. Summary: Bids have been received from (3) contractors for the construction of additional wells for the Hickory Water Supply Project – Well Field Expansion Package #1. The three bidders were Alsay, Inc. of Houston, Texas, Hydro Resources Mid Continent, Inc. of Sunray, Texas and Layne Christensen Company of Houston, Texas. Low bid for the project was submitted by Alsay, Inc. and the low bid had no exceptions to the specifications. Low bid is as follows: Base Bid: $6,423,730.00 (5 Wells) A-1 Alternate (Construct Well No. 22): $1,147,835.00 A-2 Alternate (Construct Well No. 16): $1,157,435.00 Total (Base Bid + A-1 + A-2): $8,729,000.00 (7 Wells) Total (Base Bid + A-1): $7,571,565.00 (6 Wells) Total (Base Bid + A-2): $7,581,165.00 (6 Wells) History: The current phase of the Hickory Water Supply project was originally designed to provide 6 MGD with planned increases of 9 MGD in 2026 and 10.7 MGD in 2036. During the August 21, 2012 City Council meeting, staff was directed to increase the well field production capacity by adding a minimum of 5 and up to 7 new wells. Financial Impact: The project is funded by a loan from the Texas Water Development Board in the amount of $120,000,000. Related Vision Item (if applicable): Long term water supply Other Information/ It is recommended the bid be accepted from Alsay, Inc. and the City Manager, Water Utilities Director or City Manager Designee be authorized to negotiate and
    • Recommendation: execute a contract and related documents. Attachments: Bid Tabulation, Award Letter/Alsay, and DRAFT Contract Presentation: Attached Reviewed by Director: Ricky Dickson, Water Utilties Director, July 24, 2013 Approved by Legal: July 8, 2013
    • 14785 Preston Road, Suite 950, Dallas, Texas 78759 P. 972.239.9949 F. 972.239.9117 pw://Carollo/Documents/Client/TX/San Angelo/8173D10/Bid Assistance/Package1 - Alsay - Award Letter.docx carollo.com July 29, 2013 Mr. Ricky Dickson Water Utilities Director 72 West College Avenue San Angelo, TX 76903 Subject: Hickory Water Supply Project – Well Field Expansion Package 1 RFB No. WU-08-13 Texas Water Development Board #: 21695 CID 06 Dear Mr. Dickson: On July 18, 2013, three (3) bids were received by the City of San Angelo (COSA) in conjunction with the above referenced project. Bids were reviewed for completeness and accuracy by COSA and Carollo Engineers. The bids received from the three general contractors are summarized in the attached Bid Tabulation spreadsheet. As you are aware, the Base Bid includes the drilling of five (5) water supply wells, Alternate A-1 is for drilling one additional well, and Alternate A-2 is for drilling a seventh well. The following is a summary of the findings:  COSA received three base bids from general contractors, ranging from $6,423,730.00 to $10,779,638.00.  Alsay Incorporated was the apparent low responsive bidder for the project with a Total Base Bid Price of $6,423,730.00, Alternate A-1 of $1,147,835.00, and Alternate A-2 of $1,157,735.00.  Alsay Incorporated completed the required bid forms and provided references, resumes, and additional information required.  Carollo Engineers checked the additional references provided by Alsay Incorporated and found no objection to Alsay Incorporated or the proposed key personnel on the project. Based on the bid evaluation and information provided, we find no reason not to award the Hickory Water Supply Project – Well Field Expansion Package 1 to Alsay Incorporated for $7,571,565.00, which includes the Base Bid plus Bid Alternate A-1. This provides drilling of one additional water supply well, for a total of six (6) new wells. If you have any questions, please do not hesitate to contact me. Sincerely, CAROLLO ENGINEERS, INC. Hisham (Hutch) Musallam, P.E. Project Manager Enclosures: Bid Tabulation cc: John Muras, P.E., Texas Water Development Board File
    • June 2013 – Addendum No. 1 00_52_00-1 8173D10 pw://Carollo/Documents/Client/TX/San Angelo/8173D10/Deliverables/Package 1 - Well Field/Addendum No. 1/00_52_00 (A) DOCUMENT 00_52_00 AGREEMENT NOTICE This is the City’s standard form of agreement for projects of this type. The specified insurance requirements in Section 19 are applicable to this project. After bids are opened and City has determined its recommendation, a final Contract for your signature will be prepared. The appropriate sections will be completed with an accurate summary of the description of work to be awarded and the bid price recommended to Council, including all alternates, options and addenda to be awarded. Any special provisions included in the bid documents will be added in Section 27 of this Contract. This Contract must be finalized by City, and signed by Contractor, prior to the award of the bid by the City Council. CONTRACT FOR HICKORY WATER SUPPLY PROJECT – WELL FIELD EXPANSION PACKAGE 1 CONSTRUCTION PROJECT RFB NO. WU-08-13 This Contract is entered into this ___ day of ____________, 2013 (but effective as of __________________,2013)(“effective date”) by and between the City of San Angelo, a home- rule municipal corporation of the State of Texas (“City”) and _________________, a _______________, (“Contractor”). RECITALS: A. City has issued a Request for Bid No.WU-08-13 Hickory Water Supply Project Well Field expansion Package 1 (“RFB No. WU-08-13”) for the construction of the Well Field Expansion located within Tom Green, Concho, Menard and McCulloch Counties, Texas as specified in the Contract Documents (“Work”); and Contractor’s bid, in response thereto, has been selected as the most qualified proposal for the provision of Work. B. The Council of the City of San Angelo approved the selection of Contractor on ________________, 2013, and authorized the City Manager to negotiate and execute a contract, under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, City and Contractor agree as follows:
    • June 2013 – Addendum No. 1 00_52_00-2 8173D10 pw://Carollo/Documents/Client/TX/San Angelo/8173D10/Deliverables/Package 1 - Well Field/Addendum No. 1/00_52_00 (A) TERMS: 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. STATEMENT OF WORK: A. Contractor shall be responsible for completing Work described in (“RFB No. WU-08-13”) for the construction and completion of the Work described in the Contract Documents for the construction of the Well Field Expansion located within Tom Green, Concho, Menard and McCulloch Counties, Texas, as directed by the City to include providing and constructing a complete and functional well field. The Work shall include, but shall not be limited to, drilling; maintain site safety; provide, design, install and maintain Trench Safety System; provide and maintain construction surveying and staking; provide and maintain a stormwater plan and permit; return construction site to pre-construction condition or better; and all appurtenances or other items required to provide a complete, functional system as described and shown in the Contract Documents. B. Contractor shall provide all labor for preparing the worksite and furnish all material, accessories, labor, and equipment necessary for completing the construction, replacement and installation; and, all other Work specified in the technical specification documents and drawings included with the Contract Documents incorporated herein by reference in Section 7. of this Contract and in accordance with the terms and conditions set forth herein and within those Contract Documents. 3. TIME OF PERFORMANCE: Contractor agrees to substantially complete Work within three hundred sixty five (365) consecutive calendar days (“Contract Time”) after the date Work commences as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within three hundred ninety five (395) consecutive calendar days after the date when the Contract Time commence to run. Contractor further agrees that approval for beginning Work on the project will not be given and that Work will not start until all required bonds and insurance certificates specified in the bid documents have been received and approved by City. A. The Work, for Base Bid plus Alternate A-1 or A-2, shall be substantially complete within 425 consecutive calendar days, and complete and ready for final payment within 455 consecutive calendar days.
    • June 2013 – Addendum No. 1 00_52_00-3 8173D10 pw://Carollo/Documents/Client/TX/San Angelo/8173D10/Deliverables/Package 1 - Well Field/Addendum No. 1/00_52_00 (A) B. The Work, for Base Bid plus Alternate A-1 and Alternate A-2, shall be substantially complete within 485 consecutive calendar days, and complete and ready for final payment within 515 consecutive calendar days. 4. LIQUIDATED DAMAGES: City and Contractor recognize that the time of performance is of the essence in this Contract and that City will suffer financial loss if Work is not substantially complete within the time specified in Section 3. above, plus any extensions thereof allowed. Both parties hereto also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by City if Work is not substantially complete on time. Accordingly, instead of requiring such proof, City and Contractor agree that a reasonable estimate of liquidated damages for any delay (but not as a penalty) would be for Contractor to pay City Two Thousand Dollars ($2,000.00) for each calendar day that expires after the time specified in Section 3. until Work is substantially complete. After substantial completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by City, Contractor shall pay City One Thousand Dollars ($1,000.00) for each day that expires after the time specified in Section 3. above for completion and readiness for final payment until the Work is completed and ready for final payment. 5. CONTRACT PRICE: City shall pay to Contractor for performance of Work embraced in this Contract, and Contractor shall accept as full compensation therefore, the Bid Price of ________________________________ and __/100 Dollars ($_________) subject to adjustment only as provided by approved change order, for all Work covered by and included in the contract award; payment thereof to be made in current funds in the manner provided in Section 6. Payment Procedure. 6. PAYMENT PROCEDURE: Contractor shall submit Applications for Payment in accordance with the General Conditions as shown in RFB No. WU-08-13 and City shall process the Applications for Payment in accordance with the General Conditions, except that progress payments and the final payment under this Contract shall be made as set forth below: A. Progress Payments. City shall make progress payments of the Contract Price on the basis of Contractor’s Application for Payment on or about the thirtieth (30th) day after submittal of the Application for Payment each month as provided below. All progress payments shall be based upon the progress of Work measured as provided for in the General Conditions.
    • June 2013 – Addendum No. 1 00_52_00-4 8173D10 pw://Carollo/Documents/Client/TX/San Angelo/8173D10/Deliverables/Package 1 - Well Field/Addendum No. 1/00_52_00 (A) B. Final Payment. Upon completion and acceptance of Work by City in accordance with the General Conditions, City shall pay the remainder of the Contract Price. 7. CONTRACT DOCUMENTS: The following documents from City are incorporated herein by reference for all purposes, as if fully set out verbatim: Request for Bid No. WU-08-13 Hickory Water Supply Project Well Field Expansion Package 1(“RFB No. WU-08-13”) All of the documents, conditions, specifications, technical data, drawings, requirements and addenda comprising said Bid Invitation Number as of the time this Contract is entered by Contractor and City. 8. CONTRACTOR’S REPRESENTATIONS: In order to induce City to enter into this Contract, Contractor makes the following representations to City: A. Contractor has familiarized itself with the nature and extent of the Contract Documents, Work, and with all local conditions and federal, state and local laws and regulations that may affect cost, progress, and performance of the Work. B. Contractor has made, or caused to be made, examinations and investigations of information as it deems necessary for the performance of Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations or similar data are, or will be required by Contractor for such purposes. C. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents, and (3) Contractor’s safety precautions and programs. D. Based on the information and observations referred to in Paragraph 8. C. above, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the
    • June 2013 – Addendum No. 1 00_52_00-5 8173D10 pw://Carollo/Documents/Client/TX/San Angelo/8173D10/Deliverables/Package 1 - Well Field/Addendum No. 1/00_52_00 (A) Contract Times, and in accordance with the other terms and conditions of the Contract Documents. E. Contractor has given City advanced written notice of all conflicts, errors, or discrepancies that it has discovered in the Contract Documents prior to bidding and the written resolution thereof by City is acceptable to Contractor. F. Contractor is skilled and experienced to responsibly perform the type of Work described in the Contract Documents in a timely manner. 9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Contractor understands that Contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, recordkeeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time. 10. OWNERSHIP OF DOCUMENTS: Contractor understands and agrees that any information, document, report or any other material whatsoever which is given by City to Contractor or which is otherwise obtained or prepared by Contractor pursuant to or under the terms of this Contract is and shall at all times remain the property of City. Contractor agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of City, which may be withheld or conditioned by City in its sole discretion. 11. AUDIT AND INSPECTION RIGHTS: A. City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by City to Contractor under this Contract, audit, or cause to be audited, those books and records of Contractor which are related to Contractor’s performance under this Contract. Contractor agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Contract. B. City may, at reasonable times during the term hereof, inspect Contractor’s facilities and perform such tests, as City deems reasonably necessary, to determine whether the goods or services required to be provided by Contractor under this Contract conform to the terms hereof, if applicable. Contractor shall make available to City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of
    • June 2013 – Addendum No. 1 00_52_00-6 8173D10 pw://Carollo/Documents/Client/TX/San Angelo/8173D10/Deliverables/Package 1 - Well Field/Addendum No. 1/00_52_00 (A) San Angelo Code of Ordinances, as same may be amended or supplemented from time to time. 12. AWARD OF CONTRACT: Contractor represents and warrants to City that it has not employed or retained any person or company employed by City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with the award of this Contract. 13. PUBLIC RECORDS: Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, and agrees to allow access by City and the public to all documents subject to disclosure under applicable law. Contractor’s failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Contract by City. 14. DEFAULT: If Contractor fails to comply with any term or condition of this Contract, or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default hereunder, City in addition to all remedies available to it by law, may immediately, upon written notice to Contractor, terminate this Contract whereupon all payments, advances, or other compensation paid by City to Contractor while Contractor was in default shall be immediately returned to City. Contractor understands and agrees that termination of this Contract under this section shall not release Contractor from any obligation accruing prior to the effective date of termination. Should Contractor be unable or unwilling to commence to perform Work within the time provided or contemplated herein, then, in addition to the foregoing, Contractor shall be liable to City for all expenses incurred by City in preparation and negotiation of this Contract, as well as all costs and expenses incurred by City in the re-procurement of Work, including consequential and incidental damages. 15. CITY’S TERMINATION RIGHTS: A. City shall have the right to terminate this Contract, in its sole discretion, at any time, by giving written notice to Contractor at least five (5) business days prior to the effective date of such termination. In such event, City shall pay to Contractor compensation for Work rendered and expenses incurred prior to the effective date of termination. In no event shall City be liable to Contractor for any additional compensation, other than that provided herein, or for any consequential or incidental damages. B. City shall have the right to terminate this Contract, without notice or liability to
    • June 2013 – Addendum No. 1 00_52_00-7 8173D10 pw://Carollo/Documents/Client/TX/San Angelo/8173D10/Deliverables/Package 1 - Well Field/Addendum No. 1/00_52_00 (A) Contractor, upon the occurrence of an event of default hereunder. In such event, City shall not be obligated to pay any amounts to Contractor and Contractor shall reimburse to City all amounts received while Contractor was in default under this Contract. 16. RESOLUTION OF CONTRACT DISPUTES: Contractor understands and agrees that all disputes between Contractor and City based upon an alleged violation of the terms of this Contract by City shall be submitted to City Manager for his resolution, prior to Contractor being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty Five Thousand Dollars ($25,000.00), the City Manager’s decision shall be approved or disapproved by the City Council. Contractor shall not be entitled to seek judicial relief unless: (i) Contractor has first received City Manager’s written decision, approved by the City Council if the amount of compensation hereunder exceeds Twenty Five Thousand Dollars ($25,000.00); or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (90 days if City Manager’s decision is subject to City Council approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 17. INSURANCE: A. Contractor shall, at all times during the term hereof, maintain such insurance coverage as may be required by City. All such insurance, including renewals, shall be subject to the approval of City for adequacy of protection and evidence of such coverage shall be furnished to City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of Work under this Contract without thirty (30) calendar days prior written notice to City. Completed Certificates of Insurance shall be filed with City prior to the performance of services hereunder, provided however, that Contractor shall at any time upon request file duplicate copies of the policies of such insurance with City. B. If in the judgment of City, prevailing conditions warrant the provision by Contractor of additional liability insurance coverage or coverage which is different in kind, City reserves the right to require the provision by Contractor of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect.
    • June 2013 – Addendum No. 1 00_52_00-8 8173D10 pw://Carollo/Documents/Client/TX/San Angelo/8173D10/Deliverables/Package 1 - Well Field/Addendum No. 1/00_52_00 (A) Should the Contractor fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following City’s written notice, this Contract shall be considered terminated on the date that the required change in policy coverage would otherwise take effect. 18. INDEMNIFICATION: A. INDEMNIFICATION: CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS CITY AND ITS OFFICIALS, EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS “INDEMNITEES”) AND EACH OF THEM FROM AND AGAINST ALL LOSS, COSTS, PENALTIES, FINES, DAMAGES, CLAIMS, EXPENSES (INCLUDING ATTORNEY’S FEES) OR LIABILITIES (COLLECTIVELY REFERRED TO AS “LIABILITIES”) ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF CONTRACTOR OR CITY BY REASON OF ANY INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR DESTRUCTION OR LOSS OF ANY PROPERTY ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH (I) THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES CONTEMPLATED BY THIS AGREEMENT WHICH IS OR IS ALLEGED TO BE DIRECTLY OR INDIRECTLY CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION, DEFAULT OR NEGLIGENCE (WHETHER ACTIVE OR PASSIVE) OF CONTRACTOR OR ITS EMPLOYEES, AGENTS OR SUB-CONTRACTORS (COLLECTIVELY REFERRED TO AS “CONTRACTOR”), REGARDLESS OF WHETHER IT IS, OR IS ALLEGED TO BE, CAUSED IN WHOLE OR PART (WHETHER JOINT, CONCURRENT OR CONTRIBUTING) BY ANY ACT, OMISSION, DEFAULT OR NEGLIGENCE (WHETHER ACTIVE OR PASSIVE) OF THE INDEMNITEES, OR ANY OF THEM OR (II) THE FAILURE OF CONTRACTOR TO COMPLY WITH ANY OF THE PARAGRAPHS HEREIN OR THE FAILURE OF CONTRACTOR TO CONFORM TO STATUTES, ORDINANCES, OR OTHER REGULATIONS OR REQUIREMENTS OF ANY GOVERNMENTAL AUTHORITY, FEDERAL OR STATE, IN CONNECTION WITH THE 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 CONTRACTOR HEREUNDER. CONTRACTOR EXPRESSLY AGREES TO INDEMNIFY AND HOLD HARMLESS THE INDEMNITEES, OR ANY OF THEM, FROM AND AGAINST ALL LIABILITIES WHICH MAY BE ASSERTED BY AN EMPLOYEE OR
    • June 2013 – Addendum No. 1 00_52_00-9 8173D10 pw://Carollo/Documents/Client/TX/San Angelo/8173D10/Deliverables/Package 1 - Well Field/Addendum No. 1/00_52_00 (A) FORMER EMPLOYEE OF CONTRACTOR, OR ANY OF ITS SUB-CONTRACTORS, AS PROVIDED ABOVE, FOR WHICH CONTRACTOR’S LIABILITY TO SUCH EMPLOYEE OR FORMER EMPLOYEE WOULD OTHERWISE BE LIMITED TO PAYMENTS UNDER STATE WORKERS’ COMPENSATION OR SIMILAR LAWS. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS AGREEMENT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE CONTRACTOR TO INDEMNIFY, DEFEND, OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. B. ENVIRONMENTAL INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, DEFEND AND HOLD CITY AND 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 LOCAL, STATE OR FEDERAL ENVIRONMENTAL AGENCIES OR PRIVATE INDIVIDUALS OR ENTITIES IN CONNECTION WITH OR RESULTING FROM OR ARISING OUT OF CONTRACTOR’S HANDLING, COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE BY ANY PERSON UNDER CONTRACTOR’S DIRECTION OR CONTROL OF WASTE COLLECTED, TRANSPORTED OR LANDFILLED OR ANY CLEANUP ASSOCIATED WITH ENVIRONMENTAL CONTAMINATION, WHETHER SUCH CLEANUP IS OF AIR, SOIL, STRUCTURE, GROUND WATER OR SURFACE WATER, CONTAMINATION. CONTRACTOR SPECIFICALLY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS CITY AGAINST ALL CLAIMS, DAMAGES AND LIABILITIES OF WHATEVER NATURE ASSERTED UNDER CERCLA CAUSED BY ACTS OR OMISSIONS OF CONTRACTOR REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED. CONTRACTOR SHALL BE RESPONSIBLE AND LIABLE FOR ANY SPILL, UNDERGROUND POLLUTION OR ANY OTHER ENVIRONMENTAL IMPAIRMENT INCIDENT CAUSED BY ACTS OR OMISSIONS OF CONTRACTOR REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED. IT IS THE INTENT OF THE PARTIES THAT THIS SECTION SHALL IN NO WAY LIMIT OTHER COVERAGE
    • June 2013 – Addendum No. 1 00_52_00-10 8173D10 pw://Carollo/Documents/Client/TX/San Angelo/8173D10/Deliverables/Package 1 - Well Field/Addendum No. 1/00_52_00 (A) HEREIN AS IT MAY RELATE TO ANY ENVIRONMENTAL CLAIM, DAMAGE, LOSS OR LIABILITY OF ANY KIND. C. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR IN THIS CONTRACT SHALL SURVIVE THE EXPIRATION OF THIS CONTRACT AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE TERM OF THIS CONTRACT BUT THEREAFTER SO LONG AS ANY LIABILITY COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OF CONTRACTOR IN PERFORMING UNDER THIS CONTRACT. D. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THIS CONTRACT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTS OCCURRING DURING THE TERM OF THIS CONTRACT BUT RETROACTIVELY TO CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE TERM OF PREVIOUS CONTRACTS BETWEEN CITY AND CONTRACTOR. E. APPLICATION TO SURROUNDING PROPERTY. THE INDEMNIFICATION PROVISIONS OF THIS CONTRACT EXTEND TO CLAIMS AND ASSESSMENTS RELATING TO RUNOFF, LEACHATE, OR OTHER INFILTRATION THAT MAY OCCUR OR HAS OCCURRED AT OR NEAR THE SITE OF LANDFILLS, TRANSFER STATIONS, OR OTHER SOLID WASTE FACILITIES AND SURROUNDING AREAS WHICH ARE OR WERE USED BY THE CONTRACTOR, DURING THE TERM OF THIS AGREEMENT OR PREVIOUS AGREEMENTS BETWEEN CITY AND CONTRACTOR. THIS SECTION DOES NOT MAKE CONTRACTOR LIABLE FOR ANY SITE IT HAS NEVER USED, CLOSED, MANAGED OR MONITORED. 19. INSURANCE REQUIREMENTS: A. General Conditions. The following conditions shall apply to all insurance policies obtained by Contractor for the purpose of complying with this Contract. 1) Satisfactory Companies. Coverage shall be maintained with insurers and under forms of policies satisfactory to City and with insurers licensed to do business in Texas. 2) Named Insureds. All insurance policies required herein shall be drawn in the name of Contractor, with City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees named as additional
    • June 2013 – Addendum No. 1 00_52_00-11 8173D10 pw://Carollo/Documents/Client/TX/San Angelo/8173D10/Deliverables/Package 1 - Well Field/Addendum No. 1/00_52_00 (A) insureds, except on Workers’ Compensation coverage. 3) Waiver of Subrogation. Contractor 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. 4) Certificates of Insurance. At or before the time of execution of this Contract, Contractor 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, Contractor 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. Certificates of insurance and notices of cancellations, terminations, or alterations shall be furnished to City’s Risk Manager at City Hall, 72 W. College Ave., San Angelo, Texas 76903. 5) Contractor’s Liability. The procurement of such policy of insurance shall not be construed to be a limitation upon Contractor’s liability or as a full performance on its part of the indemnification provisions of this Contract. Contractor’s obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury, or loss caused by or attributable to its activities conducted at or upon the premises. Failure of Contractor to maintain adequate coverage shall not relieve Contractor of any contractual responsibility or obligation. 6) Subcontractors’ Insurance. Contractor shall cause each Subcontractor and Sub-Sub- Contractor of Contractor to purchase and maintain insurance of the types and in the amounts specified below. Contractor shall require Subcontractors and Sub- Subcontractors to furnish copies of certificates of insurance to City’s Risk Manager evidencing coverage for each Subcontractor and Sub-Subcontractor. B. Types And Amounts Of Insurance Required. Contractor shall obtain and
    • June 2013 – Addendum No. 1 00_52_00-12 8173D10 pw://Carollo/Documents/Client/TX/San Angelo/8173D10/Deliverables/Package 1 - Well Field/Addendum No. 1/00_52_00 (A) continuously maintain in effect at all times during the term hereof, at Contractor’s sole expense, insurance coverage as follows with limits not less than those set forth below: 1) Commercial General Liability. This policy shall be occurrence-type policy and shall protect Contractor and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than Contractor’s employees) and damage to property of City or others arising out of the act or omission of Contractor or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by Contractor under the paragraph of this Contract 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 limits shall not be less than: $3,000,000.00 General Aggregate $1,000,000.00 Products- Completed Operations $1,000,000.00 Personal & Advertising Injury $1,000,000.00 Each Occurrence $ 100,000.00 Fire Damage (any one fire) 2) Business Automobile Liability. This policy shall protect Contractor 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 limits shall not be less than: $1,000,000.00 Each Accident Limit 3) Workers’ Compensation and Employer’s Liability. If Contractor hires any employees, Contractor shall maintain Workers’ Compensation and Employer’s Liability insurance, which shall protect Contractor against all claims under applicable state workers’ compensation laws and employer’s liability. The insured shall also be protected against claim 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:
    • June 2013 – Addendum No. 1 00_52_00-13 8173D10 pw://Carollo/Documents/Client/TX/San Angelo/8173D10/Deliverables/Package 1 - Well Field/Addendum No. 1/00_52_00 (A) Statutory Amount Workers’ Compensation $1,000,000.00 Employer’s Liability, Each Accident $1,000,000.00 Employer’s Liability, Disease - Each Employee $1,000,000.00 Employer’s Liability, Disease - Policy Limit The foregoing requirement will not be applicable if, and so long as, Contractor 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 City in accordance with the notice provisions of this Contract. If Contractor uses contract labor, Contractor shall require its subcontractor to maintain the above referenced coverage and furnish copies of certificates of insurance as required herein.) 4) Builder’s Risk. This policy shall be an all risk type of insurance covering Work performed under this instrument and materials, equipment or other items to be incorporated into the building, while the same are located at the construction site, stored off site or stored at the place of manufacture. The policy shall cover, at a minimum, losses due to fire, flood, explosion, hail, lightening, vandalism, malicious mischief, wind, collapse, riot aircraft and smoke until the date of final acceptance of Work. Coverage shall not be less than: $_000,000.00 Completed Value 5) Environmental Liability. This insurance shall be maintained in force for the full period of this Agreement 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, contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Agreement, and continuous coverage will be maintained or an extended discovery period will be exercised for period of two (2) years beginning from the time the Agreement has
    • June 2013 – Addendum No. 1 00_52_00-14 8173D10 pw://Carollo/Documents/Client/TX/San Angelo/8173D10/Deliverables/Package 1 - Well Field/Addendum No. 1/00_52_00 (A) expired. $1,000,000.00 Per loss $1,000,000.00 Annual aggregate 20. INDEPENDENT CONTRACTOR: Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Contractor shall at all times remain an independent contractor with respect to the services to be performed under this Contract. City shall be exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical insurance and workers’ compensation insurance on Contractor’s employees. 21. NONDISCRIMINATION: Contractor represents and warrants to City that Contractor does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Contractor’s performance under this Contract on account of race, color, sex, religion, age, handicap, marital status or national origin. Contractor further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Contract. 22. VERIFICATION OF EMPLOYMENT ELIGIBILITY: Contractor must comply with the Immigration Reform and Control Act (IRCA) and may not knowingly obtain labor or services of an unauthorized alien. Contractor -- not City -- must verify eligibility for employment as required by IRCA. 23. AMENDMENTS: City or Contractor may amend this Contract at any time provided that such amendments make specific reference to this Contract, and are executed in writing, signed by a duly authorized representative of both organizations, and approved by City. Such amendments shall not invalidate this Contract, nor relieve or release City or Contractor from their respective obligations under this Contract. 24. ASSIGNMENT: No assignment by a party hereto of any rights under, or interest in, the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due, and moneys that are due, may not be assigned without such prior consent (except to the extent that this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any
    • June 2013 – Addendum No. 1 00_52_00-15 8173D10 pw://Carollo/Documents/Client/TX/San Angelo/8173D10/Deliverables/Package 1 - Well Field/Addendum No. 1/00_52_00 (A) duty or responsibility under the Contract Documents. 25. SUCCESSORS AND ASSIGNS: This Contract shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 26. NOTICES: Communication and details concerning this Contract shall be directed to the following representatives: CITY: CONTRACTOR: City of San Angelo Attn: Kevin Krueger Attn: 72 W. College Ave. San Angelo, Texas 76903 Phone: (325) Phone: (___) ___-____ Email: Kevin.Krueger@cosatx.us Email: Before City shall be liable to Contractor or any of its successors or assigns for any alleged breach of this Contract, notice must first be given City within six (6) months of the date Contractor alleges the breach occurred. Such notice shall be in accordance with and provide substantially the same information as required for notice of tort claims as specified in Article 1.500 of the City of San Angelo Code of Ordinances. 27. MISCELLANEOUS PROVISIONS: A. Remedies: In the event of default by Contractor under the Contract Documents, City shall have all rights and remedies afforded to it at law or in equity to enforce the terms of the Contract Documents; however, arbitration is not an available remedy to resolve any disputes arising under this Contract unless City and Contractor mutually agree to such remedy in a separate written Contract. The exercise of any one right or remedy shall be without prejudice to the enforcement of any other right or remedy allowed at law or in equity. B. Attorneys’ Fees: If any action at law or in equity is necessary by either City or Contractor to enforce or interpret the terms of the Contract Documents, the party prevailing on the majority of issues shall be entitled to reasonable attorneys’ fees and costs and any necessary disbursements in addition to any other relief to which the prevailing party is entitled. C. Conflicts: This Contract, the documents required to be provided, and the Contract Documents constitute the entire Contract between the parties hereto and supersede any prior written or oral Contracts and understandings between the parties. If any provision of this Contract, the General Conditions, the Specifications or any other provision contained within the
    • June 2013 – Addendum No. 1 00_52_00-16 8173D10 pw://Carollo/Documents/Client/TX/San Angelo/8173D10/Deliverables/Package 1 - Well Field/Addendum No. 1/00_52_00 (A) Contract Documents conflicts, or is inconsistent with any other provision of the Contract Documents, then the conflict or inconsistency will be resolved first by reference to the terms of this Contract, then to the General Conditions to this Contract and then finally to the Specifications therein, unless a federal law, regulation or restriction would require otherwise, in which case the federal provision would control. D. Severability: If any provision of this Contract is held invalid or unenforceable, the remainder of the Contract shall not be affected thereby and all other parts of this Contract shall nevertheless be in full force and effect. E. Venue: This Contract, including the Contract Documents, 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 Work covered by this Contract shall be in Tom Green County, Texas. F. Counterparts: This Contract may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same Contract. G. Enforcement: This Contract shall be construed and enforced according to the laws of the State of Texas. H. Headings: Titles and paragraphs are for convenient reference and are not a part of this Contract. I. No Waiver: No waiver or breach of any provision of this Contract shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. J. Governing Laws: Should any provision, paragraph, sentence, word or phrase contained in this Contract be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Texas or the City of San Angelo, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Contract shall remain unmodified and in full force and effect or limitation of its use. K. Applicable Law: This Contract and the Contract Documents are subject to all applicable federal and state laws, statutes, codes, rules and regulations and local ordinances, rules and regulations.
    • June 2013 – Addendum No. 1 00_52_00-17 8173D10 pw://Carollo/Documents/Client/TX/San Angelo/8173D10/Deliverables/Package 1 - Well Field/Addendum No. 1/00_52_00 (A) 28. CONTINGENCY CLAUSE: Funding for this Contract is contingent on the availability of funds and continued authorization for program activities and the Contract is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 29. ENTIRE CONTRACT: This Contract constitutes the sole and entire Contract between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 30. REAFFIRMATION OF REPRESENTATIONS: Contractor herby reaffirms all of the representations contained in RFB No.WU-08-13. [Signature Page to Follow]
    • June 2013 – Addendum No. 1 00_52_00-18 8173D10 pw://Carollo/Documents/Client/TX/San Angelo/8173D10/Deliverables/Package 1 - Well Field/Addendum No. 1/00_52_00 (A) IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. . CONTRACTOR: By: ATTEST: ________________, _____________ (SEAL) CITY: City of San Angelo By: _____________________________ Daniel Valenzuela, City Manager ATTEST: Alicia Ramirez, City Clerk (SEAL)
    • June 2013 – Addendum No. 1 00_52_00-19 8173D10 pw://Carollo/Documents/Client/TX/San Angelo/8173D10/Deliverables/Package 1 - Well Field/Addendum No. 1/00_52_00 (A) CONTRACT FOR HICKORY WATER SUPPLY PROJECT WELL FIELD EXPANSION PACKAGE 1 BETWEEN CITY OF SAN ANGELO & _____ RFB NO. WU-08-13 Approved as to Content: Approved as to Form: ______________________________ Ricky Dickson, Water Utilities Director Lysia H. Bowling, City Attorney Approved as to Content: Approved as to Insurance Requirements: Kevin Krueger, Assistant Director of John Seaton, Risk Manager Water Utilities
    • Y:13-RFXWater UtilitiesWU0813 Well Field ExpansionBid Tab WU0813-Well Field final-Bid Opening Summary C I T Y O F S A N A N G E L O RFB: WU-08-13/Hickory Water Supply-Well Field Expansion BID OPENING SUMMARY / 7/18/13 2:00 pm (Not Official) Alsay Inc. Hydro Layne Christianson Description Total Price Total Price Total Price 1 Base Bid 6,423,730.00$ . 10,231,460.00$ . 10,779,638.00$ . 2 A-1 Alternate 1,147,835.00 1,807,980.00 1,582,729.00 3 A-2 Alternate 1,157,435.00 1,840,280.00 1,614,529.00 8,729,000.00$ 13,879,720.00$ 13,976,896.00$ Base Bid + Alternate A-1 7,571,565.00 12,039,440.00 12,362,367.00 Base Bid + Alternate A-2 7,581,165.00 12,071,740.00 12,394,167.00 Bid Bond Yes Yes Yes Line
    • Y:13-RFXWater UtilitiesWU0813 Well Field ExpansionBid Tab WU0813-Well Field final-WU0811 RFB: WU-08-13/Hickory Water Supply-Well Field Expansion BASE BID Description BASE BID ITEMS Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Mobilization to Site LS 1 320,000.00$ 320,000.00$ 510,000.00$ 510,000.00$ 1,793,000.00$ 1,793,000.00$ 2 Drill Pilot Hole, (5 wells) LF 15,000 150.00 2,250,000.00 155.00 2,325,000.00 110.00 1,650,000.00 3 Ream pilot hole LF 1,700 95.00 161,500.00 390.00 663,000.00 380.00 646,000.00 4 Furnish and install 24 inch conductor LF 1,700 95.00 161,500.00 230.00 391,000.00 190.00 323,000.00 5 Pilot hole geophysical logging suite EA 5 21,000.00 105,000.00 34,500.00 172,500.00 25,049.00 125,245.00 6 Complete water sampling operation of pilot hole EA 5 30,000.00 150,000.00 300,000.00 1,500,000.00 370,284.00 1,851,420.00 7 Add'l development pumping during sampling HR 100 100.00 10,000.00 285.00 28,500.00 408.00 40,800.00 8 Abandonment of pilot hole LF 2,000 5.00 10,000.00 17.00 34,000.00 18.00 36,000.00 9 Ream pilot hole to a min. 26 inch diameter LF 6,300 90.00 567,000.00 220.00 1,386,000.00 79.00 497,700.00 10 Ream pilot hole to a min. 14 inch diameter LF 7,000 90.00 630,000.00 57.00 399,000.00 102.00 714,000.00 11 Furnish and install 14 inch diameter casing LF 6,300 90.00 567,000.00 96.00 604,800.00 133.00 837,900.00 12 Furnish and install 9 5/8 diameter casing LF 7,000 90.00 630,000.00 81.00 567,000.00 62.00 434,000.00 13 Well development, step tests, discharge, recovery EA 5 35,000.00 175,000.00 118,480.00 592,400.00 117,102.00 585,510.00 14 Additional hours of pumping for pumping test HR 100 75.00 7,500.00 380.00 38,000.00 397.00 39,700.00 15 Water quality sampling and analysis EA 5 4,500.00 22,500.00 2,700.00 13,500.00 23,591.00 117,955.00 16 Water well disinfection EA 5 3,000.00 15,000.00 14,500.00 72,500.00 3,359.00 16,795.00 17 Final water well color video log EA 5 3,000.00 15,000.00 3,800.00 19,000.00 3,690.00 18,450.00 18 Furnish and install livestock fence and gates FL 4,500 6.40 28,800.00 11.00 49,500.00 7.00 31,500.00 19 Furnish and install filter fabric fence FL 4,500 3.35 15,075.00 5.00 22,500.00 6.00 27,000.00 20 Furnish and install pitless adapter EA 5 20,000.00 100,000.00 38,500.00 192,500.00 27,467.00 137,335.00 21 Allowance for misc. additional related work LS 1 250,000.00 250,000.00 250,000.00 250,000.00 250,000.00 250,000.00 22 Spectralog, in a pilot hole EA 5 1,500.00 7,500.00 9,000.00 45,000.00 4,821.00 24,105.00 23 25-sack cement plug in a pilot hole EA 3 5,000.00 15,000.00 14,500.00 43,500.00 6,157.00 18,471.00 24 Extra sacks of cement more than the base amount of 25 sacks EA 10 150.00 1,500.00 26.00 260.00 9,190.00 91,900.00 25 Temp. reliable all-weather access to sites LS 1 208,855.00 208,855.00 312,000.00 312,000.00 471,852.00 471,852.00 Total 6,423,730.00$ Total 10,231,460.00$ Total 10,779,638.00$ Layne Christianson Co. Line C I T Y O F S A N A N G E L O Alsay Inc. Est. QtyUnit Hydro
    • Y:13-RFXWater UtilitiesWU0813 Well Field ExpansionBid Tab WU0813-Well Field final-Alternate A-1 RFB: WU-08-13/Hickory Water Supply-Well Field Expansion ALTERNATE A-1 Description A-1 ALTERNATE BID ITEMS Unit Price Total Price Unit Price Total Price Unit Price Total Price a Drill Pilot hold #22 LF 2,900 150.00$ 435,000.00$ 155.00$ 449,500.00$ 113.00$ 327,700.00$ b Ream pilot hole #22/30 inch LF 320 100.00 32,000.00 390.00 124,800.00 232.00 74,240.00 c Furnish & install #22/24 inch LF 320 100.00 32,000.00 230.00 73,600.00 302.00 96,640.00 d Pilot hole geophysical logging EA 1 25,000.00 25,000.00 34,500.00 34,500.00 19,448.00 19,448.00 e Complete water sampling EA 1 30,000.00 30,000.00 300,000.00 300,000.00 285,109.00 285,109.00 f Abandonment of pilot hole EA 1 2,000.00 2,000.00 47,000.00 47,000.00 21,975.00 21,975.00 g Ream pilot hole #22/26 inch LF 1,300 100.00 130,000.00 220.00 286,000.00 114.00 148,200.00 h Ream pilot hole #22/14 inch LF 1,300 100.00 130,000.00 57.00 74,100.00 106.00 137,800.00 i Furnish & install #22/14 inch LF 1,300 100.00 130,000.00 96.00 124,800.00 131.00 170,300.00 j Furnish & install #22/9 5/8 LF 1,300 100.00 130,000.00 81.00 105,300.00 99.00 128,700.00 k Well development, step tests EA 1 35,000.00 35,000.00 118,480.00 118,480.00 120,631.00 120,631.00 l Water quality sampling & analysis EA 1 4,400.00 4,400.00 2,700.00 2,700.00 12,437.00 12,437.00 m Water well disinfection EA 1 3,000.00 3,000.00 14,500.00 14,500.00 3,283.00 3,283.00 n Final water well color video EA 1 3,000.00 3,000.00 3,800.00 3,800.00 3,690.00 3,690.00 o Furnish & install livestock fence LF 650 6.40 4,160.00 11.00 7,150.00 9.00 5,850.00 p Furnish & install filter fabric fence LF 650 3.50 2,275.00 5.00 3,250.00 6.00 3,900.00 q Furnish & install pitless adapter EA 1 20,000.00 20,000.00 38,500.00 38,500.00 22,826.00 22,826.00 Total 1,147,835.00$ Total 1,807,980.00$ Total 1,582,729.00$ Hydro Layne Christianson C I T Y O F S A N A N G E L OLine Unit Est. Qty Alsay Inc.
    • Y:13-RFXWater UtilitiesWU0813 Well Field ExpansionBid Tab WU0813-Well Field final-Alternat A-2 RFB: WU-08-13/Hickory Water Supply-Well Field Expansion ALTERNATE A-2 Description A-2 ALTERNATE BID ITEMS Unit Price Total Price Unit Price Total Price Unit Price Total Price a Drill Pilot hold #16 LF 3,000 150.00$ 450,000.00$ 155.00$ 465,000.00$ 113.00$ 339,000.00$ b Ream pilot hole #16/30 inch LF 320 90.00 28,800.00 390.00 124,800.00 232.00 74,240.00 c Furnish & install #16/24 inch LF 320 90.00 28,800.00 230.00 73,600.00 302.00 96,640.00 d Pilot hole geophysical logging EA 1 20,000.00 20,000.00 34,500.00 34,500.00 19,448.00 19,448.00 e Complete water sampling EA 1 30,000.00 30,000.00 300,000.00 300,000.00 285,109.00 285,109.00 f Abandonment of pilot hole EA 1 2,000.00 2,000.00 50,000.00 50,000.00 21,975.00 21,975.00 g Ream pilot hole #16/26 inch LF 1,300 100.00 130,000.00 220.00 286,000.00 114.00 148,200.00 h Ream pilot hole #16/14 inch LF 1,400 95.00 133,000.00 57.00 79,800.00 106.00 148,400.00 i Furnish & install #16/14 inch LF 1,300 100.00 130,000.00 96.00 124,800.00 131.00 170,300.00 j Furnish & install #16/9 5/8 LF 1,400 95.00 133,000.00 81.00 113,400.00 99.00 138,600.00 k Well development, step tests EA 1 35,000.00 35,000.00 118,480.00 118,480.00 120,631.00 120,631.00 l Water quality sampling & analysis EA 1 4,400.00 4,400.00 2,700.00 2,700.00 12,437.00 12,437.00 m Water well disinfection EA 1 3,000.00 3,000.00 14,500.00 14,500.00 3,283.00 3,283.00 n Final water well color video log EA 1 3,000.00 3,000.00 3,800.00 3,800.00 3,690.00 3,690.00 o Furnish & install livestock fence LF 650 6.40 4,160.00 11.00 7,150.00 9.00 5,850.00 p Furnish & install filter fabric fence LF 650 3.50 2,275.00 5.00 3,250.00 6.00 3,900.00 q Furnish & install pitless adapter EA 1 20,000.00 20,000.00 38,500.00 38,500.00 22,826.00 22,826.00 Total 1,157,435.00$ Total 1,840,280.00$ Total 1,614,529.00$ Hydro Layne Christianson Bid Bond Yes Yes Yes C I T Y O F S A N A N G E L OLine Unit Est. Qty Alsay Inc.
    • City of San Angelo Memo Meeting Date: August 6, 2013 To: City Council members From: Jeff Hintz, Interim Senior Planner Subject: Vision Plan Amendment to the Comprehensive Plan for the following area of the City: Location: Starting approximately 800 feet west from the intersection of Loop 306 and North Baze Street, thence in a northerly direction to FM 2105, and easterly through the city landfill and encompassing properties annexed 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. Please see attached maps included with this report for a more detailed depiction. 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- 325-657-4210 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 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 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. Recommendation: Planning staff recommends approving the proposed Vision Plan Map Amendments as remanded and further discussed by the Planning Commission. Planning Commission recommended approval of this request 6-0 at the July 15, 2013 meeting. History and Background: This majority of this area was annexed to the city limits in December of 2011, including many of the properties occupied along the Old Ballinger Highway corridor. After annexation, an analysis of the region by Planning Staff over approximately 6 months, several amendments to the current vision plan are being recommended for reasons outlined within this staff report. This amendment was discussed at the City Council on May 14th of this year and the specific areas of focus were the parcels proposed for commercial development on the Old Ballinger Highway, across from the landfill and the on the north side of Paulann Boulevard's intersection with US 67; this proposed amendment in large part seeks establish a buffer between the existing neighborhoods and the industrial areas in this particular area of the community. In addition, this amendment seeks to add industrial development in a region of the community where it has been successful and seeks room to grow in a manner that isolates the higher intensity development from existing and future neighborhoods, in response to comments made by Council members during the aforementioned discussion. A parallel discussion of the Thoroughfare Plan's future street extensions in this area also resulted in a change (approved by the Planning Commission on March 18, the Metropolitan Planning Organization board on April 11, , and the City Council on May 14) which is shown in its updated form on this Vision Map proposed amendment. As a part of this analysis, all decision-making bodies previously mentioned recommended an extension of Paulann Boulevard across N. US 67 and removed several segments running through the planned expansion area of the City Landfill. The final map is the proposed amendment when considering all the discussions with Planning Commission and the City Council. Analysis: The staff recommendation is based upon the statements listed below. In looking at this area immediately after the annexation was finalized, staff noted several contradictions to the goals and intent of the Comprehensive Plan. This series of amendments is being proposed to address these contradictions and be proactive rather
    • than reactive in establishing an appropriate land use pattern within the area. Within the Neighborhood Section of the Comprehensive Plan, Goal three states that "A buffer should be required separating commercial, industrial, or agricultural zoned lands from neighborhoods." Just glancing at the Vision Plan Maps included within this report, one will easily notice the yellow & light green colors, which represent "Neighborhood" & "Rural" style development respectively. The grey color indicates "Industrial" development. These two land uses are at complete opposite ends of the land use spectrum. This juxtaposition of uses is in stark contrast to the "Neighborhood" standards established within the Comprehensive Plan. In fact, the Comprehensive Plan states under the "Neighborhood" section as an action step to: "Promote vibrant & viable neighborhoods," and that CG/CH zoning should be removed in areas adjacent to neighborhoods in the pursuit of this promotion. By allowing industrial activities to be placed next to neighborhoods, the Comprehensive Plan is being contradicted by the Vision Plan component of it in its current form. During the analysis of the area, staff did determine that several changes should be made proactively now, rather than reactively later when the area is developed. Successful neighborhoods and industrial areas rarely mix in conjunction with one another; the Comprehensive Plan recognizes this contrast in land uses and calls for several action steps to alleviate these incompatibilities. In addressing this area, staff systematically went through parcel by parcel; for the most part, staff has made recommendations that would eliminate the potential contrasting uses and incompatibilities for this area by offering a better alternative. Along with this analysis, staff based the recommendations for re-visioning of parcels upon current land ownership data. This means that individual property owners will no longer have parcels that call for both commercial and residential development - or other combinations that can make future development of the property cumbersome. Staff believes this will allow property owners to subdivide in any conceivable way and still be able to apply for zone changes in compliance with the Comprehensive Plan, without having to worry about split zoning regulations on the same property. By addressing these concerns now while this general area is still in a pre-development state, this will make future improvements to property quicker and with fewer challenges. Once property is developed and staff is forced to react to problems, the solutions may take decades to correct if they are able to be corrected at all. By addressing these incompatibilities and contrasting land use designations now, the Code Enforcement, Permitting, and Planning Divisions - in particular - will likely see less of the types of problems that are experienced in other segments of the city, where development often preceded planning. More importantly, homeowners will be less likely to be subjected to living near industrial areas with no suitable buffer to their residence; once highly contrasting land uses are established without a suitable buffer, neighborhoods, businesses and visitors to town are all negatively impacted and immediate solutions are few and far between. In looking at the proposed Vision Plan changes, very quickly one should see that the grey colored "Industrial" areas are buffered from all of the light green and yellow areas identified for "Rural" & "Neighborhood" development; This has been largely done with a vision category called "Transitional." Transitional-envisioned areas are designed with buffering between contrasting uses as the primary goal. A "Transition" area allows for
    • the tapering down of intense uses as they grow closer to uses of a lesser intensity. As an example, an industrial use or area may be ramped down heading into a neighborhood by a park, open space, apartment complex, town homes, duplexes, retirement community, or a neighborhood serving business of very low intensity (as a few examples). Transitional areas are flexible and will allow future development that is in harmony with the neighborhood at a much more adequate scale than the stark contrast of industrial directly adjacent to neighborhood development, with no buffer. One goal of "Transitional" areas is to, "Blend intensive commercial areas into neighborhoods seamlessly." By introducing transitional areas as a buffer to the industrial areas of this region, staff is confident a better balance and mix of land uses will occur making the region more sustainable and diverse in terms of market. An area that is completely saturated, or dominated with one land use is not sustainable long term and often times becomes dilapidated and underutilized after a couple of decades. By allowing a mix of land uses in this area, staff is confident this amendment will ensure steady consistent growth of all kinds at different scales and intensity. Balanced steady growth makes a community viable not just now, but for decades to come. By allowing a mix of properly set up land uses, the area will have the opportunity to re-invent itself as market trends change and new businesses emerge; as new businesses and ideas for growth, an area envisioned with solely one type of land use locks itself in to that land use and can do nothing else. By introducing more transitional areas, reinvention is allowed to occur and the entire northeast region can remain viable in multiple areas, not just in manufacturing and industrial uses. In addition, balanced and well planned out growth will ensure compatible land uses are introduced nearby one another from the onset; with these amendments problems down the road should be few and far between if the land use plan is adhered to. Another envisioned area that has expanded is that of "Neighborhood Center." In looking at the current and proposed map, one will see a lot of "Neighborhood' & "Rural' development called for; "Neighborhood Centers" are intended to serve these types of areas and should be situated at key nodes throughout the community. Since many of the thoroughfares are not yet constructed, now is the perfect time to identify and ensue these nodes are both located properly, and make sense. By taking this opportunity now - as the consulting group suggested when compiling this map - a "template" for sustainable land use patterns can be created. This is an opportunity generally available only in undeveloped areas, or by drastically altering the land use pattern and creating nonconformities as a result. One "Neighborhood Center" was removed and replaced with an opportunity for more intensive "Commercial" development due to the envisioned area being surrounded by "Industrial" type development, thus no neighborhood was actually being served here. Neighborhood Centers were enlarged in other areas that made sense, next to neighborhoods and along thoroughfare intersections. Since long strips of solely commercial development are not sustainable long term, as witnessed along Chadbourne Street and Martin Luther King Jr. Drive, staff has focused commercial developments in clusters at key node intersections. Businesses do better for themselves and for their neighboring businesses when they are clustered around key intersections; in addition, businesses are more easily reached by alternative modes of transportation other than automobile when they are clustered. This is something very important to consider when placing "Neighborhood Centers" given their proximity to
    • neighborhoods; children and other folks who are not able to drive need to be able to reach neighborhood-serving businesses. One will also notice the expansion of industrial usage in this particular region focused around the city landfill and railroad tracks in this region. Currently, the landfill is identified as "industrial" as it should be, however future expansion to the north of the landfill calls for rural type development. Staff is recommending this area and an open space buffer be added to the west to alleviate future adverse impacts on surrounding properties. Staff also felt that "Rural" development along a rail line would be a wasted opportunity and not be the highest and best use of that land. As a result, more "industrial" development has been envisioned to the west of the current rail line. As the philosophy behind the Ports to Plains movement takes off and freight rail traffic become more prevalent in today's markets, this is an area where users of rail can come in and grow successfully and responsibly in harmony with the other segments of development in the region. City Council was very purposeful when annexing this area in 2011, recognizing the opportunity for multi-modal accessibility to an industrial "hub", located far enough from the 277 corridor to not negatively influence this often-used entrance. Some "Industrial" opportunities were replaced along Loop 306, just west of Bell Street primarily for two reasons. As a main gateway into town, having opportunities for scrapped cars, outdoor storage of materials and other intense uses is not the type of first impression that attracts travelers to stop and is also highly detrimental to the surrounding neighborhoods. Staff does realize industrial activities need easy access to highways, but placing industrial uses directly on a highway simply is not appropriate for the long term growth and success of the community. With the thoroughfare network intended to serve these high intensity uses in this area, access to transportation should not be an issue. This industrial area has been replaced with a "Neighborhood Center" & opportunities for "Commercial" development. Given the thoroughfare network, existing neighborhoods and visibility to the highway, some commercial development in this area will likely be successful and in harmony with the area. Attachments: Current Vision Plan Map of the area; Proposed Vision Plan Map of the area as originally presented in May of 2013; and Revised Vision Plan Map of the area as discussed and approved by the Planning Commission on July 15, 2013; Approved minutes from the May 14, 2013 City Council Meeting; and Draft minute excerpt of July 15, 2013 Planning Commission meeting. Draft minute excerpt of March 18, 2013 Planning Commission meeting. Presentation: Jeff Hintz, Interim Senior Planner
    • Note: Colored dashed lines indicate future planned extensions of thoroughfares, they have not been completed at this time
    • Note: Colored dashed lines indicate future planned extensions of thoroughfares, they have not been completed at this time
    • Note: Colored dashed lines indicate future planned extensions of thoroughfares, they have not been completed at this time
    • VII. 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 Starting approximately 800 feet west from the intersection of Loop 306 and North Baze Street, thence in a northerly direction to FM 2105, and easterly through the city landfill and encompassing properties annexed 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. Jeff Hintz, Interim Senior Planner came forward to speak about modifications to the Vision Plan in the northeast part of San Angelo. Mr. Hintz gives an overview of one of the previous plans and mentions changes to the revised proposal remanded back to the Planning Commission by City Council. Much of the area was annexed into the city back in 2011. Mr. Hintz showed the original proposed Plan before being remanded back to Planning Commission and the revised Plan after adjustments made by Staff as a result of discussions by the Planning Commission and City Council. Darlene Jones inquired about changes from the proposed Plan. Mr. Hintz stated that the revised plan incorporates more industrial for the area across from the city landfill. The revised Plan also incorporates the same buffers between industrial and neighborhood uses, while expanding the opportunity for industrial development in the area, more so than the current plan calls for. Mr. Wynne mentioned that aspects of Vision Plan can be modified with requests from proponents. Further he mentions that those are not set in stone. Mr. Hintz elaborated and stated that Vision Amendments are based upon data gathered and what is actually observed on the ground; if the data merits a change take place, staff is happy to make those changes consistent with the goals of the Comprehensive Plan. This is intended to be a 25-50 year planning document. Harold Mueller came forward to speak in favor of the Vision Plan amendments proposed by staff and stated he’d like to see the area be industrial. Mr. Mueller gave some general background of the area and how it had developed over time. Motion to approve was made by Bill Wynne and seconded by Mark Crisp and passed 6-0.
    • 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 Starting approximately 800 feet west from the intersection of Loop 306 and North Baze Street, thence in a northerly direction to FM 2105, and easterly through the city landfill and encompassing properties annexed 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. Jeff Hintz, Interim Senior Planner, came forward to present this item. There are no notifications required for this type of proposal. Mr. Hintz described the background of the annexation of this area and the current Vision Plan map configuration for this area. The current configuration provides no transition from "Industrial" classifications to "Neighborhood" classifications. Mr. Hintz discussed the need to proactively plan for development in this area. Staff attempted to also remedy split zoning of cohesive tracts and did a parcel-by-parcel survey of the area. Mr. Hintz also discussed how the intent behind the annexation, the presence of rail, and the presence of highway infrastructure also influenced the proposal. Jennifer Boggs thanked staff for their work on this matter. No one came forward to speak on this matter. Motion, to approve as presented, was made by Jennifer Boggs, and seconded by Joe Grimes. The motion passed unanimously, 6-0.
    • City of San Angelo Memo Meeting Date: August 6, 2013 To: City Council members From: Kevin Boyd, Planner Subject: Z13-23: Earl and Michelle Weber, a request for a zone change from Ranch & Estate (R&E) to Light Manufacturing (ML) to allow for industrial uses as allowed in Section 310 of the Zoning Ordinance, on the following property: Location: 3862 Tractor Trail, located at the northwest corner of the intersection of Tractor Trail and Porter Henderson Drive; more specifically occupying the Paul Gregory Addition, Section 2, 5.33 acres of Tract J & 0.310 acres in Smith Boulevard, in northeast San Angelo. Purpose: Approval or modification of this request would send that recommendation to City Council for a final decision on the matter. Contacts: Earl and Michelle Weber, owners 325-651-3343 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 Z13-23: Earl and Michelle Weber 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: 3862 Tractor Trail, located at the northwest corner of the intersection of Tractor Trail and Porter Henderson Drive. This property specifically occupies the Paul Gregory Addition, Section 2, 5.33 acres of Tract J & 0.310 acres in Smith Boulevard, in northeast San Angelo,
    • changing the zoning classification from Ranch & Estate (R&E) to Light Manufacturing District (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Summary: The City Council may: (1) Approve the proposed zone change as requested; or (2) Modify 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 Light Manufacturing (ML). Planning Commission recommended approval of this request by a vote of 6-0 on July 15, 2013. History and Background: General Information Existing Zoning: Ranch & Estate (R&E) Existing Land Use: A warehouse Surrounding Zoning/Land Use: North: Heavy Manufacturing (MH) CSA Materials (manufacturing and production), largely open space West: Heavy Manufacturing (MH) CSA Materials (manufacturing and production), largely open space South: Ranch & Estate (R&E) and General Commercial (CG) Open space East: Light Manufacturing (ML) and Ranch & Estate (R&E) John Deere South Plain Implement, Chaparral Commercial Center - American Tire Distributers, United Postal Service (UPS) and Coverlay Manufacturing, US Highway 67 and Roy K Robb Corrections Facility
    • Thoroughfares/Streets: Tractor Trail and Porter Henderson Drive are classified as a ‘local streets’, designed to carry light neighborhood traffic at low speeds. The portion of Porter Henderson south of the intersection with Tractor Trail remains unimproved. The segment of Smith Boulevard south of the subject property is a private street. US Highway 67 is identified as a "major arterial street" and is designed to connect collector streets to freeways and other arterials carrying large volumes of traffic at high speeds. Access is secondary and mobility is the primary function of these streets. Zoning History: The property was annexed into the city as Ranch & Estate (R&E) in December 2011. Applicable Regulations: 316.B.1 of the Zoning Ordinance states, ..."If the uses routinely subject the surrounding area to noxious or malodorous impacts, they are considered heavy manufacturing and production.." Development Standards: All required off-street parking and the connection(s) to a public right-of-way are required to be paved. Vision Plan Map: Industrial Related Comp Plan Excerpts: Intent of Industrial in the Comprehensive Plan is to, “[dedicate areas for] supporting the local economy while mitigating some of their potentially undesirable secondary effects on nearby residences.” Industrial section goal one of the Comprehensive Plan is to "Organize LULUs (Locally Undesirable Land Uses) into clusters." The purpose of this goal is to: "Cluster potentially hazardous industries into a limited number (given the size of San Angelo) of larger, isolated areas will minimize negative effects on residential areas, while balancing access to these businesses within the region, rather than putting all of them into one location."
    • Special Information Traffic Concerns: Although the area is residentially zoned, previous uses have been heavy commercial to light industrial in nature. Changing the zoning is likely to generate additional traffic than if the property remained as-is. TxDOT expresses concern with increases in freight movement, an allowed use in the proposed zoning. Parking Requirements: Vary depending upon the use of the property, see Section 511 of the Zoning Ordinance. Parking Provided: Parking currently exists, any additional buildings on the site may require the need for more spaces. Density: Predominantly large tracts of undeveloped land surround the site. The Vision Plan also calls for 'Industrial' type development in the area. Notification Required: Yes Notifications Sent: 6 Responses in Favor: 1 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. The requested zone change for the property will enable various industrial opportunities. The site is situated immediately west of the Chaparral Commercial Center - which measures roughly a city block and occupies companies that include American Tire Distribution, UPS and Cover Lay Manufacturing Inc. The zoning of the property in question remains Ranch & Estate (R&E), although previous uses have been commercial in nature (Any existing uses conducted on the site prior to annexation within the city limits are able to continue as-is, subject to provisions outlined in Article 6 of the Zoning Ordinance). R&E zoning is the designed holding zone for newly annexed property in the city. Much of the property and several surrounding tracts to the north, east and west were annexed into the city-limits in December of 2011 - this property is one of a few in the area that has not been subjected to rezoning. Properties directly to the north and west have been rezoned to Heavy Manufacturing (MH) and to the east, recently to Light Manufacturing (ML). A couple of properties to the south have also never been rezoned and remain R&E. The Vision Plan envisions the area to be designated for industrial uses – which is compatible with OW, MH and ML zoning. Industrial allows for clustering potentially hazardous industries into limited, isolated parts of the city. Staff finds that ML is more appropriate for the area - the area is quite disconnected from the rest of the city and is more suited for intensive and noxious land uses allowed in the city limits. A zone change to ML zoning will provide opportunities for various low intensive developments. CH, ML, MH and OW all permit industrial uses – one example, ‘Industrial Service’ (this use category includes the repair or servicing of industrial, business or household consumer machinery, equipment, products or by-products) – is permissible in the four zoning districts. ML zoning allows for other uses that include warehouse and freight movement, wholesale trade, and mining and waste-related uses as conditional uses. ML and MH zoning allow for manufacturing and production, with the exception that MH allows for heavy processing and manufacturing which may involve chemicals and similar processes. The subject property measures more than 3,200 feet from any major residential development. Unlike the tract immediately to the east, there is some separation from US Highway 67, a major thoroughfare and main gateway into the city. OW places limitations on allowed uses and outdoor storage - also there are limitations on the maximum height requirement and Floor Area Ratio (FAR) which is 35 feet and 80 percent, respectively. ML and MH zoning do not have a maximum height requirement and the FAR is 2 or equal to twice the total area of the lot, for example. Staff finds that ML rather than MH is a better zoning for the area. MH zoning allows for
    • greatest flexibility as it relates to intensity and the level of noxious uses allowed, but approved conditional uses also allow the development of slaughterhouses and meatpacking, refining of petroleum and coal products and the fabrication of boilers and tanks. These uses are extreme in nature. Careful consideration is always given in making a zoning recommendation – this is more so the case with industrial zoning – these districts in particular can raise potential conflicts given the elevated nuisances and noxious effects involved. A change to ML will offer a variety of industrial opportunities but limits some uses considered extreme and damaging to the surrounding environment. Staff finds that the transition to ML appropriate given the size of the lot, which measures roughly 5 acres. The average size of the lots in the area is also quite sizeable - roughly 7 acres. The size of the lots range between 0.5 and 47 acres, the largest size lot in the area is immediately north of the site. On the property in question is an existing structure that measures roughly 18,500 square feet, the property remains largely undeveloped. Similarly, much of the surrounding area is largely undeveloped. John Deere and the Chaparral Commercial Center - which includes American Tire Distribution, UPS and Cover Lay Manufacturing Inc. - are medium to high intensity commercial uses, situated to the east. CSA Materials, a manufacturing and production company, exists on the largest size tract (roughly 47 acres) immediately north of the site. There is a 20 acre tract that buffers the site from nearby US Highway 67 which serves as a major gateway into the city. Buildings also occupy that lot which provides added separation from the street and therefore, minimizes the potential for visual impacts of future development on the site. The inherent screening effectively separates the property from a main gateway into town. This request represents a measurable change in conditions of the current Ordinance. R&E is the least intensive zoning available within the city – ML represents one of the most intensive. R&E zoning is limited to low density residential development on relatively larger lots, and at times, characteristic of ranches and more sprawling estates. Staff finds ML zoning appropriate for the site, given the somewhat isolation of the area and the pattern of existing uses largely that reflect high intensive commercial to low intensive industrial development. Huge swaths of ML and MH zoning already exist in the area – CSA Materials and Martifer-Hirscheld Energy Systems are notable uses in the area zoned for MH. These more intensive uses – zoned MH – are situated in isolated areas and also have further separation from major highways. Given the nature of the proposed request, changing the zoning is likely to have some adverse impacts on the natural environment. As previously mentioned, a change to ML can potentially introduce high intensity commercial to low intensity industrial development to the site. MH zoning poses the potential for the most severe environmental impacts on the land. One aspect of the Vision Plan of the Comprehensive Plan seeks to cluster intensive uses into a few isolated areas within the city deemed appropriate for such development. In analyzing the area, the site seems to be a sufficient distance from large drainage or water sources. Features such as small creeks are nearby but far enough not to pose a threat to the water quality in any substantial way. Any potential visual impacts will be minimized by the 20 acre tract that encompasses the Chaparral site, immediately to the east - this includes the land itself
    • and the series of one and two story buildings, that occupy the lots, that effectively screen much of the subject property from view. The subject property measures roughly 800 feet from US Highway 67 - only the extreme southern portion of the land is visible from the major highway. Staff believes that this request represents a community need. Currently, there are few areas in the city that have direct abutting access to a major highway and are isolated from residences or sensitive areas. The city can certainly benefit for the various uses allowed in ML zoning – manufacturing and production, for example, may provide employment and opportunities to expand city’s tax base. Greater employment in the manufacturing and production sector can supply the demand for skill labor, which also benefits area educational institutions. The zone change also creates more diversified land uses within the city-limits – ML zoning is one of the more underutilized districts in the city. Given the fact that the Vision Plan calls for industrial in the area, no amendment to the Comprehensive Plan is required. The site is situated close to a major highway system – US Highway 67 – measures roughly 800 feet to the east. Tractor Trail, identified as a local street in the city's Thoroughfare Plan, is the primary means of accessing the site. While close proximity of the highway allows for quick access for transporting goods, the surrounding network of streets do not have sufficient capacity to handle future demands in the area which remains a concern. Tractor Trail and Porter Henderson Drive are both identified as local streets, designed to carry light neighborhood traffic at low speeds - Porter Henderson is unimproved just south of the intersection with Tractor Trail. A previous contact with TxDOT stated that the crossovers along US Highway 67 to Tractor Trail and further north at the intersection with MH Morgan Trail, are not sufficient enough to support increased freight movement to the site - given inadequate pavement widths and rate of speed along US Highway 67. A change to ML, from R&E, will inherently increase the potential for more traffic, staff finds that the proposed zoning will have less impacts on the existing infrastructure than the more intensive, MH zoning. It is also important to note, that TxDOT is currently undertaking a study of this area and is also aware of the City's Comprehensive Plan, which identifies this area as Industrial in nature. No plans have been finalized at this time, and much of this study has just begun. 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; Draft minutes from 07/15/2013 Planning Commission meeting; and Daft Ordinance. Presentation: Kevin Boyd, Planner Reviewed by: Jeff Hintz, Interim Senior Planner (07/08/13)
    • B. Z 13-23: Earl & Michelle Weber A request for a zone change from Ranch & Estate (R&E) to Light Manufacturing (ML) to allow for industrial uses as allowed in Section 310 of the Zoning Ordinance, on the following property: 3862 Tractor Trail, located at the northwest corner of the intersection of Tractor Trail and Porter Henderson Drive; more specifically occupying the Paul Gregory Addition, Section 2, 5.33 acres of Tract J & 0.310 acres in Smith Boulevard, in northeast San Angelo. Kevin Boyd, Planner came forward to present the project consistent with staff’s recommendation of approval. Six notices were sent and one was returned in favor. Mr. Boyd went over some characteristics of the area using maps and photos to orient the commission with the property. Mr. Boyd covered the criteria mandated of the request and the options available to the board. This area is isolated from residential development and buffered from the highway making it an ideal area for industrial development and usage. This proposal will result in orderly development for the area and could provide an opportunity for skilled labor and businesses to the area. Earl Weber, proponent came forward to speak in favor of the request and offered to answer any questions. Harold Mueller came forward to speak in favor of the request and stated it was the first building he had built in the area, using it as a springboard for the rest of the industrial center. Motion to approve was made by Valerie Priess and seconded by Teri Jackson and passed 6-0.
    • 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: 3862 Tractor Trail, located at the northwest corner of the intersection of Tractor Trail and Porter Henderson Drive. This property specifically occupies the Paul Gregory Addition, Section 2, 5.33 acres of Tract J & 0.310 acres in Smith Boulevard, in northeast San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Light Manufacturing (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY RE: Z 13-23: Earl and Michelle Weber 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: 3862 Tractor Trail, located at the northwest corner of the intersection of Tractor Trail and Porter Henderson Drive. This property specifically occupies the Paul Gregory Addition, Section 2, 5.33 acres of Tract J & 0.310 acres in Smith Boulevard, in northeast San Angelo, shall henceforth be permanently zoned as follows: Light Manufacturing (ML) 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: 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 6th day of August, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 20th day of August, 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
    • City of San Angelo Memo Meeting Date: August 6, 2013 To: City Council members From: Roxanne Johnston, Planner Subject: Z 13-22: M&H Mueller, a request for approval of a zone change from General Commercial (CG) to Light Manufacturing (ML) to specifically allow for uses found in Section 310 of the Zoning Ordinance on the following properties: Location: 3172 McGill Avenue & 3733 North US Highway 67, collectively occupying both a 5.131 acre tract and a 55.1830 acre tract located west of North US Highway 67, north of Paulann Boulevard and east of Smith Boulevard; more specifically occupying 5.131 acres of the J. Pointevent Survey 1113, Abstract 4873, and 55.1830 acres of the J. Fenner Survey 0001, Abstract 4985, in northeast San Angelo. Purpose: Approval of this zone change request by the City Council would zone property as a Light Manufacturing (ML) Zoning District. Contacts: Harold Mueller property owner 325-656-7222 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 13-22: M&H Mueller 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: 3172 McGill Boulevard & 3733 North US Highway 67, collectively occupying both a 5.131 acre tract and a 55.1830 acre tract located west of North US Highway 67, north of Paulann Boulevard and east of Smith Boulevard; more specifically occupying 5.131 acres of the J. Pointevent Survey 1113, Abstract 4873, and 55.1830 acres of the J. Fenner Survey 0001, Abstract 4985, in northeast San Angelo, changing the zoning classification from a General Commercial (CG) to a Light Manufacturing (ML) 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 Light Manufacturing (ML). Planning Commission unanimously recommended approval of this request by a vote of 6-0 on July 15, 2013. History and Background: The applicant expressed a desire to change the zoning from CG to ML because when the property was given a CG zoning designation, the applicant had been approached by a supermarket to locate there. This plan did not materialize, mainly because the proper street infrastructure was not in place to support the proposed supermarket. Therefore, corporate store managers elected to go elsewhere. Given the influx of industrial zoning and demand for industrial land, the applicant found it prudent to opt for a zone change even though the Vision Plan currently calls for “Commercial,” since access to and from the property continues to fall short of the needs for regular commercial uses which will be
    • explained further below in the analysis section of this report. It is the desire of the applicant to see an amendment to the Vision Plan to change the subject property to “Industrial.” The Planning Commission unanimously voted to approve this change on July 15, 2013. Recent zone changes for industrial uses have been approved by the Planning Commission and City Council in the area of this proposed zone change. These include Z12-17 (MH) located approximately 610 feet northwest of the subject property, Z12-12 (MH), which is located at the northwest corner of the subject property and Z13-11 which makes up the Chaparral Commercial Center located approximately 785 feet northeast of the subject property. Additionally, Z13-23, which was heard and unanimously approved at the same Planning Commission meeting as this request, is requesting ML as well. This last property lies approximately 775 feet north of the subject property. Allowed uses for CG zoning (which the subject property is currently zoned as) include Group Living; Alcohol and drug recovery facility; College; Public, nonprofit, or charitable uses providing service to the community; day care for children or adults; Meeting areas for religious institutions; Public safety and emergency services; Schools; Auto and boat dealerships; Bed & breakfast; Business, government, professional, medical or financial offices; Commercial parking; Retail sales; Self- service storage; Vehicle service (performed while the customer waits); Vehicle wash; Small animal veterinary clinic; Personal service-oriented business; Repair-oriented business; and Restaurants. Allowed uses for ML zoning districts include Drug and alcohol recovery facility, Meeting areas for religious institutions; Business, government, professional, medical or financial offices; Commercial parking; Self- service storage; Vehicle service (performed while the customer waits); Small animal veterinary clinic; Auto and boat dealerships; Vehicle wash; Vehicle Repair; Equipment rental; Industrial services; Light manufacturing and production; Warehouse and freight movement; Wholesale trade; Plant nurseries; Food and beverage processing; Drug and tobacco processing; Building material processing; Light metal fabrication; and Public safety and emergency services. General Information Existing Zoning: General Commercial (CG) Existing Land Use: Vacant Property Surrounding Zoning/Land Use: North: R&E John Deere South Plain Implements
    • West: ML Undeveloped property South: CH Storage yard East: R&E North US Highway 67 Thoroughfares/Streets: North US Highway 67 is identified as a "major arterial street" and is designed to connect collector streets to freeways and other arterials carrying large volumes of traffic at high speeds. Access is secondary and mobility is the primary function of these streets. Smith Boulevard borders the subject property to the west and is undeveloped and private at this time. Porter Henderson Drive and Paulann Boulevard are also undeveloped and borders the property to the south. Both are classified as future "collector streets" designed to connect arterial streets to local streets and access land. Zoning History: This area was annexed into the city in November 1997 and zoned General Commercial (CG) simultaneously. At that time, Single-Family Residential (RS-1) was the default zoning designation for all newly annexed areas; however, in this case, the RS-1 zoning was not applied. Applicable Regulations: Section 509 of the Zoning Ordinance describes fencing requirements. Any time a commercial use abuts a residential district or use, an opaque privacy fence is required; however, commercial properties bordering R&E zoning are exempt from this requirement. 316.B.1 of the Zoning Ordinance states, ..."If the uses routinely subject the surrounding area to noxious or malodorous impacts, they are considered heavy manufacturing and production…" Development Standards: All required off-street parking and the connection(s) to a public right-of-way are required to be paved. Vision Plan Map: Commercial (pending change to Industrial)
    • Related Comp Plan Excerpts: The intent of Industrial zoning in the Comprehensive Plan is to, “[dedicate areas for] supporting the local economy while mitigating some of their potentially undesirable secondary effects on nearby residences.” The Industrial Section of Goal One of the Comprehensive Plan seeks to "Organize LULUs (Locally Undesirable Land Uses) into clusters." The purpose of this goal is to: "Cluster potentially hazardous industries into a limited number (given the size of San Angelo) of larger, isolated areas (which) will minimize negative effects on residential areas, while balancing access to these businesses within the region, rather than putting all of them into one location." “Require a buffer separating commercial, industrial, or agricultural zoned lands from neighborhoods.” “Establish transition areas between commercial areas and nearby neighborhoods.” Special Information Traffic Concerns: Changing the zoning from a commercial zoning to industrially intensive ML has the potential to generate traffic consisting of heavier industrial equipment than if the property remained as-is. The concentration of traffic would most likely be lower than if the property were developed commercially because industrial zoned properties typically attract fewer users and users that are specific to industrial activities. Staff is not concerned with the development of this property as industrial because industrial zoning is found west, south and east of the subject property. Additionally, ease of access to the highway for transport is provided with frontage access to North US Highway 67.
    • Parking Requirements: Vary depending upon the use of the property. See Section 511 of the Zoning Ordinance. Parking Provided: No parking spots are currently provided on the lot, though it is a sizable tract. Density: Predominantly large tracts of undeveloped land in the surrounding areas. The Vision Plan, and a proposed Vision Plan Amendment also call for a continuation of the future development of this area as Industrial, creating an industrial hub. Surrounding uses are predominately low Notification Required: Yes Notifications Sent: 10 Responses in Favor: 1 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. As mentioned in the history section of this report, several industrial zoning use requests have been made in the general area and approved by the Planning Commission and City Council. None have been denied. Therefore, the area has seen a trend towards industrial development which illustrates that this request is consistent with area development patterns. The applicant owns several properties that have been zoned ML such as properties within the Chaparral Commercial Center located within the borders of North US Highway 67 Frontage Road to the east, MH Morgan Trail to the northwest, Porter Henderson Drive to the west, and Tractor Trail to the south, respectively. Businesses in this center include the American Tire Distribution, UPS, and Cover Lay Manufacturing, Inc. The majority of these properties are therefore businesses that relate to manufacturing and production. Martifer- Hirschfield Industries, for example, has a large facility that manufactures wind turbine towers on their property located approximately 1330 feet west of the subject property and is appropriately zoned MH, which further illustrates the development of properties for industrial-type uses in the area. Due to demand and increased trends in industrial uses to the area and because the city has limited areas that allow placement for businesses related to manufacturing and other industrial uses, the Planning Division (after a thorough examination of the area and discussion with City Council and the Planning Commission on a previous proposed amendment to the Vision Plan in this area) is seeking a Vision Plan amendment on the subject property that would change it from a “Commercial” use to an “Industrial” use. Therefore, the recommendation for this property by staff hinges on an amendment to the Vision Plan. As mentioned in the “History and Background” section above, the Planning Commission agrees with this assessment and approved this recommendation. Additionally, staff research has suggested that a retail center or retail development may not be feasible for this property since full access to the property is not supported by current road infrastructure, and there are no plans for a frontage road to be placed along that entire eastern stretch of property as one would expect to see with a retail center. North US Highway 67 is a divided highway which makes it necessary for traffic to use crossovers in order to access properties that lie along the opposite side of the road. However, staff has been
    • informed by the Interim Director of Economic Development that TxDOT will be constructing a crossover and frontage road approximately mid-way along the eastern border of the subject property that will allow traffic to travel to the currently undeveloped portion of Paulann Boulevard along the southern border of the subject property. This section of Paulann Boulevard will be solely funded by the City of San Angelo Development Corporation. The bidding process for improvements for this undeveloped portion of Paulann Boulevard, westward towards McGill Boulevard, but ending approximately mid-way to the north of Howard College, is scheduled for late summer or early fall of this year. The primary reason for relocating the crossover is due to safety issues related to over-stacking of vehicular traffic that occurs from the crossover in place east of Howard College, which causes traffic to back up onto the highway during peak commuting hours. The network of one-way access roadways in the area also makes travel to the site a little more problematic when compared to other retail centers in other portions of the community. Turnaround opportunities are especially lacking when looking at access to this particular property. Since ML zoning does not allow for retail sales by right and is intended for manufacturing, warehousing, and higher intensity opportunities, a site with limited traffic access, which is also isolated from residential development, is the highest and best use of the property given these and other circumstances in the area. Generally speaking, Light Manufacturing (ML) uses are a zoning step below Heavy Manufacturing, (MH), which is the most intense and noxious of all potential uses of property within the city limits. The placement of any industrial zoning needs to be weighed and considered with the utmost concern by decision makers and staff. In looking at this request, staff weighed the surrounding area and development patterns very carefully when formulating this recommendation. Staff also examined environmental impacts and concluded that the property, though undeveloped, could experience intense environmental impacts even if developed under the current CG zoning to full density. For example, parking lots and large structures generate high volumes of storm water runoff, and commercial traffic is typically higher in volume which causes congestion in underdeveloped roads. Given the other land uses and higher intensity zoning in the area, clustering these more intense uses into isolated areas in the community is consistent with the goals of the industrial section of the Comprehensive Plan. This is also consistent with the amendment to the Vision Plan that staff is proposing. With ML zoning, which could also conceivably contain vast paved parking lots and large buildings, environmental impacts could most likely be seen also in the form of outdoor storage, which can be viewed as a visual nuisance, noise (again, the property is located a considerable distance from residential uses), and traffic generated by heavy equipment. Either way, there would be environmental considerations once development began on the subject property regardless of a zone change. Again, by following the goals of the Comprehensive Plan and clustering these higher intense uses into a few isolated areas diminishes the
    • effect on the natural environment. As addressed throughout many zoning requests of an industrial nature, a zoning of this intensity would not be appropriate near areas identified as neighborhood, but in an area that has developed in relative isolation with more intense uses is highly appropriate. Noxious sounds and odors in this area will likely go unnoticed by a vast majority of people who visit and live within San Angelo. The city landfill, concrete plants, and warehouses are some predominant land uses in this area; loud noises and odd smells on occasion are not likely to bother the properties that have developed in this area as many of them are currently already engaged in activities that are similar in nature to manufacturing and production. The advantage to the location is its proximity to a major highway and railroad. This request for ML zoning, though inconsistent with the Vision Plan in its current form (currently a change to the Vision Plan is proposed that is consistent with this request), is consistent with the Zoning Ordinance and compatible with the surrounding area. Again, staff is recommending an amendment to the current Plan because it simply makes sense to continue to cluster “like” development together when it comes to industrial uses. The report included in this month's meeting packet addresses, in detail, these issues for the greater area. Ideally, ML zoning is located in an area with no residential activity nearby. This is true with the subject property. Although two Ranch & Estate zoned properties are found north of the subject property, the subject property does not directly abut residential uses: John Deere is located on one of these properties (northeast of the subject property), and the other is vacant and owned by the applicant, who is seeking a zone change to ML concurrently with this request (northwest of the subject property). The nearest area residential properties can be found approximately 860 feet west of the subject property in the Sun Lake Estates Mobile Home Park. The mobile home park is a Planned Development (PD97-05) with RS-1 underlying zoning. Vacant properties zoned ML and CH abut this PD district to the north and east yet serves to provide a separation buffer between the southwestern border of the subject property in conjunction with the undeveloped Smith Boulevard, which will be a future collector street according to the Vision Map section of the Comprehensive Plan. Though placing residential next to industrial uses is not ideal, the trend for industrial to the north of the planned development was particularly evident when Martifer-Hershfield Industries announced its intention to locate to the area in 2008. Fortunately, approximately 900 feet (including the yet undeveloped Paulann Boulevard) separates these uses which is helpful given that the Comprehensive Plan seeks to buffer residences from zoning that allows for industrial uses and unlimited outdoor storage of materials and goods. The extent to whether this request represents a community need is evident when comparing industrial zone clusters within the city, especially where industry is concentrated with nearby rail and major road access. Although commercial nodes tend to be located along the City’s major highways, these nodes, unlike
    • industrial nodes, do not utilize direct railroad deliveries even though commercial products are often shipped by railway and trucks. Such primary industrial clusters in the city can be found along North Bell Street, in the Central Business District just north of City Hall, far north along Old Ballinger Highway, and to the southeast along Christoval Road. The subject property therefore lies within one of the few areas where manufacturing is grouped within the city and is also located within a reasonable distance to railway and highway access. As with commercial businesses, industrial businesses create jobs yet also rely on commercial businesses that serve them. In conclusion, staff is confident that the proposed zone change from CG to ML, along with a Vision Plan amendment, constitutes the best use of the subject property, primarily because it is relatively isolated from residential uses. The lack of residential development in the far northeast portion of the city makes this an ideal area to focus the most intense uses and businesses that wish to locate within the city limits. A zone change here will ensure complimentary clustering of intense uses and like-zoning designations as well. Additionally, quick access to the highway and lack of residential and commercial traffic not serving the general public here makes this one of the safest locations within the city limits to cluster "Locally Undesirable Land Uses” which could also contribute to making this area ripe for potential as a highly successful industrial area for the city. Proposed Conditions N/A Attachments: excerpt from zoning map, showing the general location within the City of San Angelo; excerpt from the comprehensive plan vision map highlighting the subject property; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; excerpt of the favor/opposition notification map; citizen response letter; draft minutes from the 07/15/13 Planning Commission Meeting; and draft ordinance.
    • Presentation: Roxanne Johnston, Planner Reviewed by: Jeff Hintz, Interim Senior Planner (7-23-13)
    • MINUTE RECORD OF THE CITY OF SAN ANGELO PLANNING COMMISSION MEETING HELD ON MONDAY, JULY 15, 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, Ryan Smith, Darlene Jones, Bill Wynne ABSENT: Jennifer Boggs (Resigned) STAFF: Jeff Hintz, Interim Senior Planner Kevin Boyd, Planner Roxanne Johnston, Planner VIII. Requests for Zone Change. [Planning Commission makes recommendation; City Council has final authority for approval.] A. Z 13-22: Harold & Margaret Mueller A request for approval of a zone change from General Commercial (CG) to Light Manufacturing (ML) to specifically allow for uses found in Section 310 of the Zoning Ordinance on the following properties: 3172 McGill Avenue & 3733 North US Highway 67, collectively occupying both a 5.131 acre tract and a 55.1830 acre tract located west of North US Highway 67, north of Paulann Boulevard and east of Smith Boulevard; more specifically occupying 5.131 acres of the J. Pointevent Survey 1113, Abstract 4873, and 55.1830 acres of the J. Fenner Survey 0001, Abstract 4985, in northeast San Angelo. Roxanne Johnston, Planner came forward to present this case consistent with staff’s recommendation of approval. Ten notices were sent and one was returned in favor and was shared with the Commission. Ms. Johnston covered some characteristics of the area using photos and maps to orient the commission with the property. The criteria mandated of the request and the options available to the commission were also discussed by Ms. Johnston. The area is isolated from residential areas and the traffic is anticipated to be less than if a commercial usage were placed onto the property. Harold Mueller, proponent came forward to speak in favor of the request and stated he did have a vision at one time to develop the area as a commercial, retail center but with highway changes and closure of Smith Boulevard in this area for Howard College present some access issues for the property in retailing capacity. Ryan smith made a motion to approve as presented which was seconded by Teri Jackson and passed 6-0.
    • 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: 3172 McGill Avenue & 3733 North US Highway 67, collectively occupying both a 5.131 acre tract and a 55.1830 acre tract located west of North US Highway 67, north of Paulann Boulevard and east of Smith Boulevard; more specifically occupying 5.131 acres of the J. Pointevent Survey 1113, Abstract 4873, and 55.1830 acres of the J. Fenner Survey 0001, Abstract 4985, in northeast San Angelo changing the zoning classification from a General Commercial (CG) to a Light Manufacturing (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY RE: Z 13-22: M&H Mueller 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: 3172 McGill Avenue & 3733 North US Highway 67, collectively occupying both a 5.131 acre tract and a 55.1830 acre tract located west of North US Highway 67, north of Paulann Boulevard and east of Smith Boulevard; more specifically occupying 5.131 acres of the J. Pointevent Survey 1113, Abstract 4873, and 55.1830 acres of the J. Fenner Survey 0001, Abstract 4985, in northeast San Angelo shall henceforth be permanently zoned as follows: Light Manufacturing (ML) 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: 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 6th day of August, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 20th day of August, 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
    • City of San Angelo Memo Meeting Date: August 6, 2013 To: City Council members From: Kevin Boyd, Planner Subject: Mobile Home Permit # 41, a request for temporary placement of a mobile home, not to exceed 1 year, during construction of a permanent home on the same 2 acre site in a Single-Family Residential (RS-1) zoning district, on the following property: Location: 4609 Armstrong Street, located approximately 170 feet south of the intersection of Armstrong Street and East 47th Street; more specifically occupying the Carrigan Addition, Tract 2 being 2 acres, in northern San Angelo. Purpose: To allow a recreational vehicle to be placed on the subject property, during the construction of a home on the same site. Contacts: Fermin Silerio and Gracie Hingos, Owners (325) 374-1579 Kevin Boyd, Planner (325) 657-4210 Caption: Consideration of request for temporary placement of a mobile home, not to exceed one year, during construction of a permanent home on the same 2 acre site. 4609 Armstrong Street, located approximately 170 feet south of the intersection of Armstrong Street and East 47th Street; more specifically occupying the Carrigan Addition, Tract 2 being 2 acres, in northern San Angelo Summary: The City Council may: (1) Approve a Temporary Mobile Home Permit allowing a mobile home on the subject property, as requested: or
    • (2) Approve a Temporary Mobile Home Permit allowing a mobile home on the subject property, subject to conditions believed necessary and appropriate to mitigate any adverse effects of such use; or (3) Deny the requested Temporary Mobile Home Permit allowing a mobile home altogether. Recommendation: City staff recommends approving the temporary placement of a mobile home on the subject to conditions below. History and Background: General Information Existing Zoning: Single-Family Residential (RS-1) Existing Land Use: Vacant, open space Surrounding Zoning/Land Use: North: Single-Family Residential (RS-1) Residential dwellings, open space West: Single-Family Residential (RS-1) Open space, residential dwellings South: Single-Family Residential (RS-1) Open space, residential dwellings East: Single-Family Residential (RS-1) Residential dwellings, open space Thoroughfares/Streets: Armstrong Street is indentified as an “arterial street,” which is designed to connect collector streets to freeways and carries large volumes of traffic at high speeds. Access is secondary and mobility is the prime function of these streets. East 47th Street is identified as a ‘local street’, designed to carry light neighborhood traffic at lower speeds and generally connects to collector streets. Zoning History: As far back as 1949, records show that this property was within the city limits. In 1954, the property was zoned Single- Family Residential (RS-1).
    • Applicable Regulations: Article 12.500 Section 15.504, “Temporary Mobile Home Installation.” A mobile home may be placed temporarily on a site during the construction of a home. Development Standards: Section 303.B, “RS-1 (Single-Family Residential) District.” The intent of RS-1 is to provide opportunities for development of detached single-family residences at medium densities. Vision Plan Map: Neighborhood Related Comp Plan Excerpt(s): The intent of neighborhood is to reflect the quality of life of its community by defining each neighborhood individually within the city. The current RS-1 zoning restricts land development to single-family detached housing and clearly subordinate accessory structures, on the property. Special Information Traffic Concerns: The amount of traffic generated from the proposed use will be minimum. Armstrong Street and East 47th Street are able to accommodate the increased traffic generated by the site. Parking Requirements: 2 spaces, which includes paved access to the street is required. Parking Provided: No parking currently exists on the site. Related Specific Use Standards: Section 12.501, City Ordinance As used in this article, the term "mobile home" shall be interpreted to mean include "manufactured homes", or this case, recreational vehicles (RVs). Section 12.502, City Ordinance All mobile homes (including manufactured homes), whether located in mobile home parks or subdivisions, or on private lots, which have been in place for a period greater than one hundred twenty (120)
    • days, shall be tied down and anchored in accordance with state standards. Section 12.503 Skirting, City Ordinance All mobile homes, whether located in mobile home parks or subdivisions, or private lots, which have been in place for a period greater than one hundred twenty (120) days, shall be skirted in accordance with the official code of the city. Notification Required: Yes Notifications Sent: 9 Responses in Favor: 0 Responses in Opposition: 0 Analysis: The staff recommendation is based upon the statements listed below. Earlier last month, the proponents made a request to temporarily reside in a recreational vehicle, while they construct a house on the same property. The property is currently zoned Single-Family Residential (RS-1), which restricts the placement of mobile homes to be used as a dwelling for a long-term residence. These uses are limited to Manufactured Housing Parks (MHP) and Manufactured Housing Subdivisions (MHS) districts, in addition to various locations where special permits were approved by City Council. Again, the property is zoned RS-1, as well as nearby tracts to the north, west and south - the entire area, to the east of the site (along the opposite side of Armstrong Street) is zoned Ranch & Estate (R&E). The Vision Plan calls for 'Neighborhood' in the area, much of the surrounding area is characteristic of low density residential development. The subject property currently serves as a vacant empty lot. The size of the lot is quite sizeable (2 acres) which is also characteristic of surrounding lots in the area. Other lots range between 1.48 acres and 8.569 acres with the largest being less than a block south of the property. This area is one of the more sparsely populated areas of the city - given the relative large size of the lots, some remain vacant, open space and are undeveloped at this time. Single-family detached housing is the predominate land use in the area. The property to the north is occupied by a single-family residence - a higher concentration of homes exist along East 47 Street, which measures approximately 70 feet to the north. Along that segment of the street, further to the west, the lots become much smaller and each lot is occupied by a single-family residence. Several properties immediately to the south
    • of the site remain vacant open space, especially properties to the west of Armstrong Street. Approval of the temporary mobile home residence is not likely to be nuisance or disturb surrounding properties - staff finds that although the proposed use is not fully compatible with its surroundings, it is low intensive and will not impact the natural environment, in any substantial way. In addition, Lake View High School measures roughly 800 feet west of the property and is accessible by East 47th Street to the north and East 44th Street to the south. Approval is warranted given the nature of the request and the rural characteristics of the area. Staff affirms that the use is required to comply with all applicable standards, and that allowing this temporary permit is consistent with the spirit and intent of the Zoning Ordinance given the long term, permanent plans for the property to construct a permanent detached single-family residence. In no way will the recreational vehicle be allowed to remain permanently and lived in through this process. Given the zoning, long range plan, and surrounding uses in the area, this type of residence, long-term, is not the best possible use for the site. Although the property lies within a RS-1 district, the optimal use for the site is more reflective of a ranch and estate type development, characteristic of low density, detached single-family residences on lots greater than an acre. In RS-1 zones, properties are also able to have accessory structures with a maximum building floor area of 600 square feet or 50 percent of the floor area of the principal building, whichever is greater. The zoning explicitly prohibits long-term residence of mobile homes as defined in Section 804 of the Zoning Ordinance and Article 12.200 of the City Ordinance. Approval of this request seeks to provide a temporary living solution, with a possible extension granted by City Council that will allow the structure to exist on the lot for an additional year. Any period longer than this, staff believes, would be a contradiction to the spirit and intent of RS-1 zoning. Proposed Conditions 1. The proposed temporary mobile home residence must comply will all applicable standards for Manufactured Housing as outlined in Article 12.200 of the City Ordinance. 2. The mobile home shall cease to be a dwelling unit on the property by August 6, 2014 as requested by the applicant, unless an extension is approved by the City Council. Attachments: Excerpt from zoning map, showing the general location within the City of San Angelo; Excerpt from zoning map, highlighting subject property; and Aerial photo, highlighting subject property;
    • Excerpt of the favor/opposition notification map; and Applicant’s handwritten request for a temporary permit. Presentation: AJ Fawver, AICP, Interim Director of Development Services Reviewed by: Jeff Hintz, Interim Senior Planner (07-13-13)
    • City of San Angelo Memo Meeting Date: August 6, 2013 To: City Council members From: Kevin Boyd, Planner Subject: Mobile Home Permit # 41, a request for temporary placement of a mobile home, not to exceed 1 year, during construction of a permanent home on the same 2 acre site in a Single-Family Residential (RS-1) zoning district, on the following property: Location: 4609 Armstrong Street, located approximately 170 feet south of the intersection of Armstrong Street and East 47th Street; more specifically occupying the Carrigan Addition, Tract 2 being 2 acres, in northern San Angelo. Purpose: To allow a recreational vehicle to be placed on the subject property, during the construction of a home on the same site. Contacts: Fermin Silerio and Gracie Hingos, Owners (325) 374-1579 Kevin Boyd, Planner (325) 657-4210 Caption: Consideration of request for temporary placement of a mobile home, not to exceed one year, during construction of a permanent home on the same 2 acre site. 4609 Armstrong Street, located approximately 170 feet south of the intersection of Armstrong Street and East 47th Street; more specifically occupying the Carrigan Addition, Tract 2 being 2 acres, in northern San Angelo Summary: The City Council may: (1) Approve a Temporary Mobile Home Permit allowing a mobile home on the subject property, as requested: or
    • (2) Approve a Temporary Mobile Home Permit allowing a mobile home on the subject property, subject to conditions believed necessary and appropriate to mitigate any adverse effects of such use; or (3) Deny the requested Temporary Mobile Home Permit allowing a mobile home altogether. History and Background: General Information Existing Zoning: Single-Family Residential (RS-1) Existing Land Use: Vacant, open space Surrounding Zoning/Land Use: North: Single-Family Residential (RS-1) Residential dwellings, open space West: Single-Family Residential (RS-1) Open space, residential dwellings South: Single-Family Residential (RS-1) Open space, residential dwellings East: Single-Family Residential (RS-1) Residential dwellings, open space Thoroughfares/Streets: Armstrong Street is indentified as an “arterial street,” which is designed to connect collector streets to freeways and carries large volumes of traffic at high speeds. Access is secondary and mobility is the prime function of these streets. East 47th Street is identified as a ‘local street’, designed to carry light neighborhood traffic at lower speeds and generally connects to collector streets. Zoning History: As far back as 1949, records show that this property was within the city limits. In 1954, the property was zoned Single- Family Residential (RS-1). Applicable Regulations: Article 12.500 Section 15.504, “Temporary Mobile Home Installation.” A mobile home may be placed temporarily on a site during the construction of a home.
    • Development Standards: Section 303.B, “RS-1 (Single-Family Residential) District.” The intent of RS-1 is to provide opportunities for development of detached single-family residences at medium densities. Vision Plan Map: Neighborhood Related Comp Plan Excerpt(s): The intent of neighborhood is to reflect the quality of life of its community by defining each neighborhood individually within the city. The current RS-1 zoning restricts land development to single-family detached housing and clearly subordinate accessory structures, on the property. Special Information Traffic Concerns: The amount of traffic generated from the proposed use will be minimum. Armstrong Street and East 47th Street are able to accommodate the increased traffic generated by the site. Parking Requirements: 2 spaces, which includes paved access to the street is required. Parking Provided: No parking currently exists on the site. Related Specific Use Standards: Section 12.501, City Ordinance As used in this article, the term "mobile home" shall be interpreted to mean include "manufactured homes", or this case, recreational vehicles (RVs). Section 12.502, City Ordinance All mobile homes (including manufactured homes), whether located in mobile home parks or subdivisions, or on private lots, which have been in place for a period greater than one hundred twenty (120) days, shall be tied down and anchored in accordance with state standards. Section 12.503 Skirting, City Ordinance All mobile homes, whether located in mobile home parks or subdivisions, or
    • private lots, which have been in place for a period greater than one hundred twenty (120) days, shall be skirted in accordance with the official code of the city. Notification Required: Yes Notifications Sent: 9 Responses in Favor: 1 Responses in Opposition: 1 Analysis: Earlier last month, the proponents made a request to temporarily reside in a recreational vehicle, while they construct a house on the same property. The property is currently zoned Single-Family Residential (RS-1), which restricts the placement of mobile homes to be used as a dwelling for a long-term residence. These uses are limited to Manufactured Housing Parks (MHP) and Manufactured Housing Subdivisions (MHS) districts, in addition to various locations where special permits were approved by City Council. Again, the property is zoned RS-1, as well as nearby tracts to the north, west and south - the entire area, to the east of the site (along the opposite side of Armstrong Street) is zoned Ranch & Estate (R&E). The Vision Plan calls for 'Neighborhood' in the area, much of the surrounding area is characteristic of low density residential development. The subject property currently serves as a vacant empty lot. The size of the lot is quite sizeable (2 acres) which is also characteristic of surrounding lots in the area. Other lots range between 1.48 acres and 8.569 acres with the largest being less than a block south of the property. This area is one of the more sparsely populated areas of the city - given the relative large size of the lots, some remain vacant, open space and are undeveloped at this time. Single-family detached housing is the predominant land use in the area. The property to the north is occupied by a single-family residence - a higher concentration of homes exist along East 47 Street, which measures approximately 70 feet to the north. Along that segment of the street, further to the west, the lots become much smaller and each lot is occupied by a single-family residence. Several properties immediately to the south of the site remain vacant open space, especially properties to the west of Armstrong Street. The proposed use is not fully compatible with its surroundings, it is lowly intensive and will not impact the natural environment, in any substantial way. The recreational vehicle would have to cease as a dwelling unit in less than one year. In addition, Lake View High School measures roughly 800 feet west of the property and is accessible by East 47th Street to the north and East 44th Street to the south.
    • Staff affirms that the use is required to comply with all applicable standards of the Zoning Ordinance; in no way will the recreational vehicle be allowed to remain permanently. Given the zoning, long range plan, and surrounding uses in the area, this type of residence, long-term, is not the best possible use for the site. Although the property lies within a RS-1 district, the optimal use for the site is of low density, detached single-family residences. The zoning ordinance explicitly prohibits long-term residence in mobile homes as defined in Section 804 of the Zoning Ordinance and Article 12.200 of the City Ordinance. Approval of this request would provide a temporary living solution, but for one year only; any period longer than this would be a contradiction to the spirit and intent of RS-1 zoning. Proposed Conditions if approved by Council 1. The proposed temporary mobile home residence must comply will all applicable standards for Manufactured Housing as outlined in Article 12.200 of the City Ordinance. 2. The mobile home shall cease to be a dwelling unit on the property by August 6, 2014 as requested by the applicant, unless modified and approved by the City Council. Attachments: Excerpt from zoning map, showing the general location within the City of San Angelo; Excerpt from zoning map, highlighting subject property; and Aerial photo, highlighting subject property; Excerpt of the favor/opposition notification map; Citizen response; and Applicant’s handwritten request for a temporary permit. Presentation: AJ Fawver, AICP, Interim Director of Development Services Reviewed by: Jeff Hintz, Interim Senior Planner (07-13-13)
    • City of San Angelo Memo Date: July 28, 2013 To: Mayor and Councilmembers From: Robert Schneeman, Interim Director of Economic Development Subject: Agenda Item for August 6, 2013 meeting Contact: Robert Schneeman, 653-7197, 657-4222 Caption: Consideration and possible action regarding a revision to the City of San Angelo Development Corporation Guidelines for Job Creation Assistance regarding Eligibility of Applicants Summary: At its regular meeting of January 3, 2012 City Council approved a revision to the City of San Angelo Development Corporation Guidelines for Job Creation Assistance. That revision as approved contained changes in contact information necessitated by personnel changes and also included a change to the “Eligibility of Applicants” section. The redline copy of the Guidelines as submitted to Council for consideration is attached hereto. The essence of the change in the Eligibility section is shown in red on pages 8 and 9 of the attached copy of the Guidelines. The background memo submitted along with the proposed revision is also attached. Financial Impact: None Other Information/ Recommendation: Staff has no specific recommendation. Presentations: Robert Schneeman Publication: N/A Attachments: • Redline copy of San Angelo Development Corporation Guidelines for Job Creation Assistance submitted to Council 01-03-12 • Background memo from 12-20-11 revised for 01-03-12 meeting • Minute Excerpt from 01-03-12 Council Meeting
    • CITY OF SAN ANGELO DEVELOPMENT CORPORATION GUIDELINES FOR JOB CREATION ASSISTANCE The City of San Angelo Development Corporation (COSADC) is a non-profit public corporation governed by the Development Corporation Act of 1979 and organized exclusively for the purpose of promoting community development within the City and the State of Texas in order to improve the quality of life and the public welfare of, for, and on behalf of the City by developing, implementing, providing, and financing projects allowed under Section 4B of the Act. The COSADC accomplishes these purposes by developing and maintaining a viable working relationship between the public and private sectors of San Angelo, and furthering the development of commercial, industrial, and manufacturing enterprises to promote and encourage employment for the public welfare and benefit of the citizens of San Angelo. Mission Statement: The City of San Angelo Development Corporation will seek to retain, strengthen and diversify the tax and job base of the community through quality infrastructure and facility improvements, innovative incentive packages and a focus on best business practices in order to provide a sustainable economy for San Angelo and its regional partners. Periodically, the COSADC receives requests for assistance from individuals or organizations for various projects. All offers or requests for assistance will be received through the Chamber of Commerce Vice President of Economic Development or the COSADC’s Business Relations Officer. If such requests are to be heard by the COSADC Board, they must be in writing. The following outlines those projects which may be considered for assistance by the COSADC: Eligible Projects As defined in the Development Corporation Act of 1979, as amended, "Project" shall mean the land, buildings, equipment, facilities, expenditures, targeted infrastructure, and improvements (one or more) that are for the creation or retention of primary jobs and that are found by the Board to be required or suitable for the development, retention, or expansion of manufacturing and industrial facilities, research and development facilities, transportation facilities (including but not limited to airports, mass commuting facilities, and parking facilities), sewage or solid waste disposal facilities, recycling facilities, air or water pollution control facilities, facilities for the furnishing of water to the general public, distribution centers, small warehouse facilities capable of serving as decentralized storage and distribution centers, primary job training facilities for use by institutions of higher education, and regional or national corporate headquarters*.
    • Page 2 City of San Angelo Development Corporation Guidelines for Job Creation Assistance Approved March 14, 2007December 20, 2011 In addition, "Primary job" means (A) a job that is: (i) available at a company for which a majority of the products or services of that company are ultimately exported to regional, statewide, national, or international markets infusing new dollars into the local economy; and, (ii) included in one of the following sectors of the North American Industry Classification System (NAICS): Sector # Description 111 Crop Production 112 Animal Production 113 Forestry and Logging 11411 Commercial Fishing 115 Support Activities for Agriculture and Forestry 211-213 Mining 221 Utilities 311-339 Manufacturing 42 Wholesale Trade 48-49 Transportation and Warehousing 51 (excluding 51213 Information (excluding movie theaters and drive-in theaters) 523-525 Securities, Commodity Contracts, and Other Financial Investments and Related Activities; Insurance Carriers and Related Activities; Funds, Trusts, and Other Financial Vehicles 5413, 5415, Scientific Research and Development Services 5416, 5417 and 5419 551 Management of Companies and Enterprises 56142 Telephone Call Centers 922140 Correctional Institutions COSADC may consider a project that combines an approved NAICS code with some retail activity when more than 85% of the sales are outside of the Concho Valley retail trade area. (B) a job that is included in North American Industry Classification System (NAICS) sector number 928110, National Security, for the corresponding index entries for Armed Forces, Army, Navy, Air Force, Marine Corps, and Military Bases. *"Corporate headquarters facilities" means buildings proposed for construction or occupancy as the principal office for a business enterprise's administrative and management services. Financing The COSADC administers an Economic Development Incentive Program which is designed to facilitate the development and growth of new and existing businesses, to increase diversity of the local economy and to provide suitable infrastructure to support
    • Page 3 City of San Angelo Development Corporation Guidelines for Job Creation Assistance Approved March 14, 2007December 20, 2011 targeted industries as allowed under Section 4B of the 1979 Development Corporation Act. Funds are available through grants, loan participations and the Grow San Angelo Fund ensuring efficiency and flexibility while maximizing the resources of participating financial institutions. The COSADC's Economic Development Incentive Program governs the Board's participation in financing. Additional Conditions As a general rule, the COSADC will not provide funding support to any one (1) individual or organization which, when added to the financial assistance already being received from any other source associated with the City of San Angelo, totals more than 50% of the total investment required for a project. Included in the total assistance package may be: • Tax Abatement (using net present value of the abatement) • Financing (using amount COSADC guarantees, participates or lends directly) • Infrastructure Improvements • Land Purchases, leasehold improvements and construction (using amount provided by COSADC) • Training expense reimbursement • Relocation expense reimbursement for equipment and/or personnel As a general guideline, COSADC will consider one FTE job equal to a minimum of 110% of San Angelo’s Per Capita Income. However, the Board may choose to deviate from this guideline on a case-by-case basis. To determine an applicant's financial viability, each applicant must provide the appropriate financial information, project description, and any additional information requested by the COSADC. All guarantors must also submit the same information; owners of 20% or more will be required to provide a personal guaranty to the COSADC. For each request, staff will make an assessment of public benefit and return, amount of assistance requested compared to total project cost, and the applicant's financial viability. Staff may request the assistance of various local businesspersons, commercial bankers, and/or consultants when making the appropriate assessment. Based upon a recommendation from staff, the COSADC Board will decide whether or not to recommend assistance. ECONOMIC DEVELOPMENT INCENTIVE PROGRAM ADMINISTRATIVE POLICY The purpose of the Economic Development Incentive Program is to provide a financing tool which incorporates recognized economic development philosophies in an effort to stimulate private investment, job creation, productivity and expansion of the local tax base.
    • Page 4 City of San Angelo Development Corporation Guidelines for Job Creation Assistance Approved March 14, 2007December 20, 2011 The Economic Development Incentive Program is designed to: 1. facilitate the development of new businesses and expansion of existing businesses which create primary jobs 2. assist in the diversification of the local economy 3. development of the San Angelo Business & Industrial Center 4. encourage the rehabilitation and increased use of existing structures within designated redevelopment areas of the City. Financial assistance may be provided by: 1. grants 2. through loan participation(s) with local financial institutions 3. through participation in the Grow San Angelo Fund, an SBA 7(a) guaranty program administered by the National Development Council Loan assistance will be evaluated based on the following: • eligibility of the project • feasibility of the project • financial viability of the project The Board reserves the right to determine the eligibility of a project and the terms and conditions of any loan or grant. Commercial Infrastructure Improvements According to the Development Corporation Act of 1979, as amended, expenditures found by the Board to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises limited to streets and roads, rail spurs, water and electric utilities, gas utilities, drainage and related improvements, and telecommunications and Internet improvements are allowed. Due Diligence Credit Analysis Reports for all assistance requests will be prepared by the COSADC Staff (and/or the COSADC’s consultant) and will include a financial analysis of the project, a summary of the business plan, the proposed structure of the financing and the proposal's strengths and weaknesses. Staff has the authority to request the advice of businesspersons and lenders whose expertise may assist staff in making credit recommendations to the COSADC Board. All eligible requests will be presented to the COSADC Incentive Committee* and then to the COSADC Board for consideration with a recommendation from staff for approval or denial. Parties to the project may be invited to attend the committee and/or board meeting and speak on behalf of the project.
    • Page 5 City of San Angelo Development Corporation Guidelines for Job Creation Assistance Approved March 14, 2007December 20, 2011 *COSADC Incentive Committee is an ad-hoc committee appointed by the COSADC which includes, but is not limited to, local professionals in the areas of accounting, banking and law. TYPES OF ASSISTANCE GRANTS – The COSADC may assist in the form of a direct cash grant for performance- based job creation, equipment or personnel moving expenses, lease subsidies, building remodeling, building purchase/lease-back, new construction for a client, site improvements, the establishment of a training program, or any other form of assistance that makes San Angelo more competitive for job creation or retention. Grants are typically in a range of $2,000 to $5,000 per new job created or retained. COSADC may provided grants up to $10,000/job in circumstances when companies move headquarter operations to San Angelo, offer highly paid positions for skilled employees, or introduce a new skill-set opportunity with high pay/benefits to our labor market. Minimum job creation and investment thresholds established by COSADC are five (5) new full-time jobs and new investment of at least $125,000. COSADC may waive one or both of these thresholds when designing a “performance-based” incentive that is expected to be paid out at some future date when the thresholds are met. COSADC may also waive these thresholds in the case of job retention projects, or when the assistance of COSADC would help fund a new equipment purchase for a company that would increase their productivity and their competitiveness in the marketplace. LOAN PARTICIPATION - The COSADC may purchase a participation in a financial institution's loan. Collateral securing the loan may be shared on a pro rata basis with the private lender and COSADC, or the private lender may be given a superior lien in the collateral. The COSADC may accept a lower interest rate on its participation balance provided the financial institution agrees to lower the overall interest rate charged the borrower on a pro-rata basis. A financial institution requesting loan assistance from the COSADC shall submit their request in the form of a written commitment letter to the COSADC Staff for review and provide required financial information. GROW SAN ANGELO FUND – The COSADC may provide funds to the Grow America Fund, a national nonprofit, SBA 7(a) lender to establish the Grow San Angelo Fund (GSAF). Funds contributed to GSAF shall be leveraged at a minimum rate of $3 in non COSADC funds for every $1 in COSADC funds. For example: a $25,000 contribution to the GSAF will result in $100,000 in available loan funs for eligible SBA (and COSADC) borrowers in San Angelo [this doesn’t account for NDC matching funds]. The Grow America Fund will be responsible for underwriting, closing and servicing all GSAF loans.
    • Page 6 City of San Angelo Development Corporation Guidelines for Job Creation Assistance Approved March 14, 2007December 20, 2011 GENERAL POLICY STATEMENTS 1. All grants or loans will be funded out of the COSADC's funds for Economic Development projects and all principal repayments, interest and late charge income shall be returned to these same funds. 2. Loans will be made on an accrual basis. Payments will be applied first toward the interest due and the remaining, if any will be applied to principal. 3. The staff of COSADC will be responsible for the administration and collection of the COSADC's loan portfolio. The staff of the National Development Council will be responsible to the administration and collection of all GSAF loans. 4. The COSADC is an equal opportunity lender and does not discriminate with regards to race, color, religion, national origin, sex, marital status, age or disability (provided that the applicant has the capacity to enter into a binding contract). 5. In the event of any conflict between this policy and any applicable federal, state or local statute, the statute shall prevail. 6. This policy may be reviewed annually by the COSADC. ADDITIONAL POLICY STATEMENTS 1. The COSADC Board shall recommend the City of San Angelo enter into an Economic Development Agreement by formal adoption of a Resolution. Such Resolutions shall expire after 180 days from the date of adoption unless all necessary documents are received and an Economic Development Agreement is executed, or the COSADC extends the commitment in writing prior to the expiration date. An Economic Development Agreement will be signed by every grantee or borrower. The Economic Development Agreement will govern all approved assistance. The amount of assistance available will be based on the number of full time equivalent, permanent employment positions created or retained by the business, the salary range for each employment position, and the level of capital investment made by the business. The business will agree to refund any financial assistance accepted for jobs not created or other conditions not met as outlined in the Economic Development Agreement and required by the State of Texas. 2. Full time equivalent, permanent jobs are defined as any employee who has worked two thousand eighty (2,080) hours during a twelve (12) month period in San Angelo, Texas. If an employee hired during a twelve (12) month reporting period, the employee shall be considered a FTE if the employee is hired to work
    • Page 7 City of San Angelo Development Corporation Guidelines for Job Creation Assistance Approved March 14, 2007December 20, 2011 forty (40) hours per week, and has worked at least 160 hours a month during that period. 3. The business must be located in San Angelo or in the extraterritorial jurisdiction (ETJ) of San Angelo. If the business is in the ETJ, assistance will be approved subject to concurrence of the Tom Green County Commissioners Court. As allowed by state law, COSADC may participate in a multi-jurisdictional project located outside Tom Green County for projects of a size and scope that would be available to San Angelo residents and have a positive impact of the City of San Angelo. 4. The business may not move outside of the San Angelo ETJ without prior written consent of the COSADC. 5. Job retention is defined as a continued job which would have been eliminated without financial assistance. Documentation of potential job elimination will be required. 6. Loans from relatives, owners or other individuals shall be subordinated to the COSADC's loan. 7. All credit and collateral documents required by prudent lending practices must be included in the loan package at closing. A required document may not be waived except with the full knowledge and approval of the Board. 8. A sale of all or substantially all of the assets of a business assisted by the COSADC shall not release the business from its duties and responsibilities to COSADC under the terms of the Economic Development Agreement and shall not result in the assignment of the Agreement by such acquiring entity without prior written release from COSADC which will not be unreasonably withheld; provided, that the proposed successor shall have the financial condition to fully satisfy the duties and responsibilities and agrees to assume the responsibilities under the Agreement. COSADC may, in its sole discretion, reasonably determine whether such proposed successor’s financial condition is satisfactory. 9. In the event of any proposed merger or other consolidation of an assisted business with any third party not affiliated with the business, the business shall at least thirty (30) days prior to any such merger or consolidation provide COSADC with information and assurance reasonably acceptable to COSADC and the business regarding: (1) the surviving entity’s assumption and satisfaction of the Agreement obligations and (2) the financial condition of the surviving entity upon such merger or other consolidation to demonstrate that the surviving entity shall have the financial condition to fully satisfy the duties and responsibilities of said Agreement. Failure to provide such information shall be considered an Agreement breach.
    • Page 8 City of San Angelo Development Corporation Guidelines for Job Creation Assistance Approved March 14, 2007December 20, 2011 10.Notwithstanding anything in an Economic Development Agreement to the contrary, it is expressly understood and agreed that COSADC shall have no rights to approve or disapprove any sale or merger transaction of any kind involving an assisted business. APPLICATION FOR COSADC ASSISTANCE Applicants, requesting assistance, whether through a financial institution or directly, may be required to present the following documents as part of COSADC’s Due Diligence (Administrative Policy – Page 4): 1. The last 3 fiscal year end financial statements and tax returns on the business (if applicable). 2. The most current interim financial statement of the business (dated less than 90 days from the date of application). 3. A current financial statement on all owners of more than 20% of the business. 4. A current financial statement on all guarantors. 5. A short business plan detailing the project and a description of the business. 6. A list of the jobs to be created/retained by the business during the agreed upon time frame, and the anticipated salary and benefits for each job classification. If assistance is requested in the form of a loan, the following documents would also be required: 7. The financial institution loan officer's analysis and recommendation of the applicant for loan assistance (if applicable). 8. The financial institution's credit history on the borrower and credit reports on cosigners and guarantors. 9. The financial institution's description of the loan's terms and conditions. 10. A list of collateral offered with an estimate of its current market value. ELIGIBILITY OF APPLICANTS Project eligibility will be determined based on Texas State law applicable to the specific contracting parties.
    • Page 9 City of San Angelo Development Corporation Guidelines for Job Creation Assistance Approved March 14, 2007December 20, 2011 1. No member of the San Angelo City Council, or person related to a council member within the second degree by consanguinity or affinity, shall be eligible for assistance from the COSADC during his/her tenure or for six months thereafter. 2. No member of the San Angelo Economic Development Corporation Board of Directors, or person related to a board member within the second degree by consanguinity or affinity, shall be eligible for assistance from the COSADC during his/her tenure or for six months thereafter. 3. No employee of the San Angelo Economic Development Corporation, or person related to an employee or supervisor of the Department within the second degree by consanguinity or affinity, shall be eligible for assistance from the COSADC during his/her employment or for six months thereafter. CHARGED-OFF LOANS When repayment of a loan is recognized by the Staff as being substantially doubtful, a resolution for charging off the balance of the loan will be drafted by staff and presented to the COSADC Board for approval. This resolution will describe the reasons for viewing the repayment of the loan as doubtful, and the amount to be charged off. No specific course of action will be addressed within the resolution, but the following procedures will generally be followed: 1. Charging Off The Loan: A copy of the executed resolution will be distributed to the San Angelo City Council Department and the loan will be charged off. 2. Financial Responsibility: All interested parties will continue to be pursued financially. Charge-off of the loan balance will not release a debtor, cosigner or guarantor from their legal liability to repay the loan. 3. Legal Action: When appropriate and economically feasible, legal action to collect a charged-off loan will be taken. Where applicable, all interested parties will be pursued individually including each borrower, cosigner, and guarantor. Only in cases in which the cost of legal action is greater than the amount to be recovered, will legal action be foregone. The status of any legal proceeding will be reported to the COSADC. 4. Restructuring the Loan: After a loan is charged off, the collection and restructure of the loan will be the responsibility of staff. The account balances will be maintained by staff in a separate ledger. After being posted to the charge-off ledger, all payments will be deposited into the COSADC's unobligated fund balance. 5. Placement with an Outside Collection Agency: In many cases, a debtor during financially distressed periods is difficult to locate. If necessary, Staff will consign the
    • Page 10 City of San Angelo Development Corporation Guidelines for Job Creation Assistance Approved March 14, 2007December 20, 2011 account to an outside agency. The fee for this type of service is usually a percentage of the amount collected by the agency, and no fee is paid if no money is collected. The decision to place an account with an outside collection agency will be made by the Board upon the recommendation of Staff. 6. Contact with a Participating Bank: Contact will be maintained through periodic verification of the account status with the account officer. This information is subject to the Texas Banking Code and cannot be discussed in an open meeting. 7. Collection Efforts: All collection efforts will be detailed in the credit file in chronological order. For additional information contact: Chamber of Commerce, Economic Development Telephone: (325) 655-4136 418 West Avenue B Fax: (325) 658-1110 San Angelo, Texas 76901 E-mail: john@sanangelo.org pjm@sanangelo.org Or City of San Angelo Development Corporation Telephone: (325) 653-7197 72 W. College Ave. Fax: (325) 653-7187 San Angelo, Texas 76903 E-mail: info@sanangelodevelopment.com kathy.keane@sanangelotexas.us NOTE: Proprietary information will be kept confidential to the fullest extent allowed by law. Applicants may request to enter into a Confidentiality Agreement with COSADC staff and/or agents COSADC.
    • City of San Angelo Memo Date: August 2, 2013 To: Mayor and Councilmembers From: Robert Schneeman, Development Coordinator Subject: Agenda Item for 12-20-11 Council Meeting Contact: Robert Schneeman, Development Coordinator 657-4210 Caption: Regular Item Consideration and possible action regarding a recommendation by the City of San Angelo Development Corporation (COASDC) Board to amend the City of San Angelo Development Corporation Guidelines For Job Creation Assistance section entitled Eligibility of Applicants and revising outdated contact information Summary: City Council approved the City of San Angelo Guidelines for Job Creation Assistance on March 14, 2007. COSADC has reviewed and recommended Council approval of an update to those guidelines. History: The current guidelines were approved by Council on March 14, 2011. Since that approval, there have been personnel changes resulting in the need to update the contact information contained in the guidelines. Additionally, there have been a number of questions raised regarding the eligibility guidelines for individuals and / or companies applying for job creation incentives. Since much of the basis for determining the eligibility of the applicants is determined by Texas State law governing development corporations it was decided to revise the eligibility section to reflect that basis in state law as the determining factor. This item was reviewed by the COSADC Board at its meeting of December 14, 2011 and the recommendation for consideration by Council was approved unanimously (4-0) with Director Randy Brooks abstaining. Financial Impact: None Other Information/ Recommendation: Staff recommends approval of the proposed revisions. Attachments: DRAFT Guidelines Presentation: Robert Schneeman, Development Coordinator Publication: N/A Reviewed by Director: Shawn Lewis, Director of Community & Economic Development Approved by Legal: N/A
    • City of San Angelo Memo Date: July 18, 2013 To: Mayor and Councilmembers From: Robert Schneeman, Interim Director of Economic Development Subject: Agenda Item for August 6, 2013 meeting Contact: Robert Schneeman, 653-7197, 657-4222 Caption: Consideration of approving a recommendation by the City of San Angelo Development Corporation (COSADC) authorizing the advertisement for a request for bids (RFB) for the extension of Smith Blvd from the north boundary of Howard College to the intersection of Smith Blvd and the extension of Paulann Blvd at a width of 26 feet and the extension of Paulann Blvd from its intersection with Smith Blvd to its intersection with Highway 67 at a width of 64 feet, Summary: At its regular meeting of January 11, 2012 the COSADC Board received a presentation by City Engineer Clinton Bailey and a request by Howard College Provost LeAnne Byrd regarding the extension of Smith Blvd. through the length of the Howard College Campus. The COSADC Board approved funding $378,000 to fund up to 60% of the 2,000 linear feet of Smith Blvd behind Howard College. Having found no funding from TXDOT or other sources to complete the remaining 40% of the project, at the March 7, 2012 meeting requested COSADC fund the remaining portion of the project or an additional $252,000. A motion was made to approve as presented and that motion also passed bringing the funding for the project to $630,000. At its April 11, 2012 meeting the COSADC heard and approved a revised design and cost proposal reducing the approved funding to $455,000 including a recommendation to City Council to approve as presented. The proposal was presented to City Council at its May 1, 2012 meeting and after some discussion Council referred the matter back to COSADC preferring not to extend a major street through the campus although at that time the proposal was in accordance with the City’s Major Thoroughfare Plan. At its June 27, 2012 COSADC received a presentation on and approved a motion to construct a 32’ section of Paulann Blvd from Hwy 67 to Smith Blvd and a 25’ section of Smith Blvd from Paulann Blvd south to the north boundary of the campus at an approximate cost of $350,000. A recommendation was made to Council to approve the funding of this option at its July 17, 2012 meeting and Council unanimously approved the recommendation as presented. Engineering Services staff have prepared a design based on those parameters. In order to provide for the eventual widening of both streets, staff were required to essentially complete the design of both streets to ultimate width in order to ensure that the full width could eventually be accomplished. In doing so it became apparent that the savings realized in constructing a half width section of Paulann Blvd. to include the required transitions from full with at the intersections to half width yielded relatively little savings. Upon review of the alternatives and associated cost differences the COSADC Board at its meeting of June 26th, 2013 approved a recommendation to Council to advertise the project for bids using a 64 foot
    • pavement width on Paulann Blvd and a 26 foot pavement width on Smith Blvd. It should be noted that either option will require the acquisition of an easement over the property to the north of Paulann Blvd parallel and adjacent to the street right of way to accommodate surface drainage in the form of a ditch along the street. Financial Impact: Engineer’s Opinion of Probable Cost $512,870 Other Information/ Recommendation: COSADC recommended approval as presented. Presentations: Robert Schneeman Publication: N/A Attachments: • Aerial exhibit of project • COSADC Minute Excerpt June 26, 2013
    • City of San Angelo Memo Date: July 18, 2013 To: Mayor and Councilmembers From: Robert Schneeman, Interim Director of Economic Development Subject: Agenda Item for August 6, 2013 meeting Contact: Robert Schneeman, 653-7197, 657-4222 Caption: Consideration of approving a recommendation by the City of San Angelo Development Corporation (COSADC) authorizing an increase in the estimated construction cost to $512,900 from $350,000.00 as originally approved by Council at their regular meeting of June 27, 2012, the increase having resulted from the estimate being based on actual design drawings and a wider proposed street cross section on the Paulann Blvd. portion of the project Summary: At its regular meeting of January 11, 2012 the COSADC Board received a presentation by City Engineer Clinton Bailey and a request by Howard College Provost LeAnne Byrd regarding the extension of Smith Blvd. through the length of the Howard College Campus. The COSADC Board approved funding $378,000 to fund up to 60% of the 2,000 linear feet of Smith Blvd behind Howard College. Having found no funding from TXDOT or other sources to complete the remaining 40% of the project, at the March 7, 2012 meeting requested COSADC fund the remaining portion of the project or an additional $252,000. A motion was made to approve as presented and that motion also passed bringing the funding for the project to $630,000. At its April 11, 2012 meeting the COSADC heard and approved a revised design and cost proposal reducing the approved funding to $455,000 including a recommendation to City Council to approve as presented. The proposal was presented to City Council at its May 1, 2012 meeting and after some discussion Council referred the matter back to COSADC preferring not to extend a major street through the campus although at that time the proposal was in accordance with the City’s Major Thoroughfare Plan. At its June 27, 2012 COSADC received a presentation on and approved a motion to construct a 32’ section of Paulann Blvd from Hwy 67 to Smith Blvd and a 25’ section of Smith Blvd from Paulann Blvd south to the north boundary of the campus at an approximate cost of $350,000. A recommendation was made to Council to approve the funding of this option at its July 17, 2012 meeting and Council unanimously approved the recommendation as presented. The FY 2013 COSADC budget included $455,000 for the Smith Blvd. Project. Engineering Services staff have prepared a design based on those parameters. It is important to point out that the original cost estimates were based strictly on estimated quantities and unit costs for major construction items. Once actual design drawings were completed and existing and proposed drainage conditions were addressed the estimated cost has been increased. Revised cost estimates for two
    • different options are as follows: Option 1 - Paulann Blvd full width (64’) and Smith Blvd (26’) - $512,870 Option 2 - Paulann Blvd half width (32’) and Smith Blvd (26’) - $443,030 It should be noted that either option will require the acquisition of an easement over the property to the north of Paulann Blvd parallel and adjacent to the street right of way to accommodate surface drainage in the form of a ditch along the street. As presented, this item will require Council approval for the additional amount of $162,870 for Option 1 or $93,030 for Option 2. Financial Impact: $512,870 Option 1 or $443,030 Option 2 Other Information/ Recommendation: COSADC recommended approval of Option 1. Presentations: Robert Schneeman Publication: N/A Attachments: • Aerial exhibit of project • COSADC Minute excerpt 4/11/12 • COSADC minute excerpt 6/27/12 • Council minute excerpt 7/17/12
    • Memo Date: July 18, 2013 To: Mayor and Councilmembers From: Shane Kelton, Director of Operations Patrick Frerich, Assistant Director of Operations Subject: Agenda Item for August 6, 2013 Council Meeting Contact: Shane Kelton, Operations, 325-657-4206 x 1431 Caption: Regular Agenda Update and discussion of TxDOT maintenance activities along all TxDOT right-of- ways within the city limits and options for supplementing their maintenance operations Summary: The Texas Department of Transportation (TxDOT) performs maintenance operations on all roadways within their jurisdiction including mowing, sweeping, litter control, and herbicide applications. Several roadways within the city limits are TxDOT owned and therefore TxDOT maintained via a Maintenance Agreement implemented in 1988. History: Thirteen main TxDOT owned roadways traverse the city limits to include: • Houston Harte Expressway and Loop 306 – Controlled access from east to west city limits • Sherwood Way - from western city limits to Koenigheim • Knickerbocker Road - from western city limits to Bryant Blvd • Pulliam Street - from US 67 South to the city limits • Ave. L and Paint Rock Road - from Bryant to the city limits • S. Chadbourne and Old San Antonio Highway - from Ave. L to city limits • FM 765 (Eola Road) - from S. Chadbourne east to the city limits • Old Christoval Road - from S. Chadbourne to the city limits • 19th Street and Armstrong - from N. Bryant to the city limits • Bryant Blvd - from the northern to the southern city limits • Oakes Street - from South Chadbourne to Ave. L • FM 2288 - from Sherwood Way to city limits • Arden Road - from Sherwood Way to the city limits These roadways are maintained on varying schedules as contracted services or by utilizing TxDOT personnel. • Mowing is a contracted service to be completed three full times per year. • Litter control consists of one contracted crew cycled through five tracts throughout the city. Each tract is serviced at least once per month. • Mechanical sweeping is a contracted service with each roadway swept once per month. • Hand sweeping of gutters, inlets, etc. is performed by TxDOT personnel approximately six times per year. • Herbicide applications are performed on an as-needed basis. City of San Angelo
    • Financial Impact: TxDOT’s contracted services are provided at an annual cost of $389,000 per year. Sweeping services cost $154,000 per year; mowing $144,000; and litter control $91,000. Related Vision Item: NA Other Information/Recommendation: None Attachments: None Presentation: Power Point Presentation Approved by Legal: Reviewed by Service Area Director: Shane Kelton, Director of Operations
    • Y:COUNCILElectronic Agendas201308-06-13PUR VM-08-13 Police Patrol Vehicles FY 14.doc Memo Date: July 29, 2013 To: Councilmembers From: Ryan Kramer, Equipment Maintenance Superintendent – Vehicle Maintenance Subject: Agenda Item for August 6, 2013 Contact: Ryan Kramer, Vehicle Maintenance - 657-4329 x1651 Caption: Regular Consideration of adopting Resolution authorizing, pursuant to March 2009 GASB issued statement no. 54, the commitment of funds in the amount of $375,218.62 from the FY 2012-2013 General Fund Balance for the purchase of fourteen (14) fleet patrol vehicles in August of 2013; said commitment of funds in the amount $375,218.62 to be reimbursed to the General Fund Balance on or about October 1, 2013 from the FY 2013-2014 Equipment Replacement Funds; and approving the purchase of said fourteen (14) fleet patrol vehicles under VM-08-13; and authorizing the City Manager to execute all documents necessary and related to the purchase Summary: The Vehicle Maintenance Department requested a quote for 14 Pursuit Rated Tahoe’s for the Police and Municipal Court departments from Reliable Chevrolet (Richardson, TX) through the State of Texas purchasing co-op, contract #071-072-A1. Due to changes in body style and the power train of the vehicle, factories will retool for 2015 year model production, causing current year model vehicles to be ordered prior to August 22, 2013 after which production will cease. The Vehicle Maintenance Department recommends ordering the current year model to avoid price increases and delays in availability. History: A quote was requested for vehicles to replace current units that have met their expected usable life. Vendor selection is based on the financial impact of the quote; the completeness of the quote; inclusion and pricing of items and options requested; the competence of the vendor regarding the purchase transaction; and the after-sale benefits including location of warranty shops, parts supply lead-time and availability, compliance with specifications, best overall value for the City, etc. Financial Impact: The City recommends awarding the quote to Reliable Chevrolet for the acquisition of 14 Police Package Tahoe’s at $26,801.33 for a total amount expensed of $375,218.62 through the State of Texas purchasing co-op using account number 501-8000-800-0742 (13) and 501-1300-800- 0742 (1). A purchase order will be generated via a resolution using FY ’13 General Fund fund balance monies as authorized by GASB No. 54. Fiscal Year 2014 equipment replacement funds will be used to replenish the General Fund fund balance. Related Vision Item: NA Other information/Recommendation: Staff recommends authorizing the resolution approving the quote and subsequent purchase VM-08-13 to Reliable Chevrolet (Richardson, TX) through the State of Texas Purchasing Co-op #071-072-A1. City of San Angelo
    • Y:COUNCILElectronic Agendas201308-06-13PUR VM-08-13 Police Patrol Vehicles FY 14.doc Attachments: Resolution Reviewed by: Chief Vasquez, Chief of Police
    • A RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCIIL AUTHORIZING, PURSUANT TO MARCH 2009 GASB ISSUED STATEMENT NO. 54, THE COMMITMENT OF FUNDS IN THE AMOUNT OF $375,218.62 FROM THE FY 2012-2013 GENERAL FUND FUND BALANCE FOR THE PURCHASE OF FOURTEEN (14) FLEET PATROL VEHICLES IN AUGUST OF 2013; SAID COMMITMENT OF FUNDS IN THE AMOUNT $375,218.62 TO BE REIMBURSED TO THE GENERAL FUND BALANCE ON OR ABOUT OCTOBER 1, 2013 FROM THE FY 2013-2014 EQUIPMENT REPLACEMENT FUNDS; AND APPROVING THE PURCHASE OF SAID FOURTEEN (14) FLEET PATROL VEHICLES UNDER VM-08-13; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY AND RELATED TO THE PURCHASE WHEREAS, the San Angelo Police Department has thirteen (13) fleet patrol vehicles and San Angelo Municipal Court has one (1) fleet patrol vehicle which vehicles are required to be immediately replaced for public safety considerations relating to vehicle age and mileage constraints; and WHEREAS, the Vehicle Maintenance Division of the City of San Angelo Operations Department has requested a quote to replace the aforementioned vehicles through the State of Texas Purchasing Co-op Contract #071-072-A1 with Chevrolet Tahoe patrol vehicle based on specifications and performance; and WHEREAS, Reliable Chevrolet has been designated by said State Purchasing Co-op Contract #071-072-A1, as the authorized vendor of Chevrolet Tahoe patrol vehicles for co-op member purchasers; and WHEREAS, Reliable Chevrolet quote VM-08-13 for the purchase of fourteen (14) patrol vehicles is in the amount of $375,218.62 and the Vehicle Maintenance Division seeks City Council authorization for the purchase of fourteen (14) patrol vehicles is in the amount of $375,218.62 under VM-08-13; and WHEREAS, FY 2012-2013 Equipment Replacement Fund funds having been previously committed, no Equipment Replacement Fund funds remain for the expenditure for VM-08-13 in the amount of $375,218.62 to be made; and WHEREAS, it will be necessary for City Council to authorize, pursuant to the March 2009 GASB issued Statement No. 54, the commitment of funds in the amount of $375,218.62 from the FY 2012-2013 General Fund balance for expenditure for VM-08-13 in the amount of $375,218.62 to be made; said commitment of funds in the amount $375,218.62 to be reimbursed to the General Fund balance on or about October 1, 2013 from the FY 2013-2014 Equipment Replacement Fund; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO: The City Council of the City of San Angelo authorizes the purchase of fourteen (14) patrol vehicles in the amount of $375,218.62 pursuant to VM-08-13; and authorizes, pursuant to the March 2009 GASB issued Statement No. 54, the commitment of funds in the amount of $375,218.62 from the
    • FY 2012-2013 General Fund fund balance for expenditure for VM-08-13 in the amount of $375,218.62 to be made; said commitment of funds in the amount $375,218.62 to be reimbursed to the General Fund balance on or about October 1, 2013 from the FY 2013-2014 Equipment Replacement Fund; and further authorizes City Manager or his designee to execute all documents necessary and related to the purchase. PASSED, APPROVED, and ADOPTED on this the ____ day of ___________________, 2013. CITY OF SAN ANGELO By: ________________________ Dwain Morrison, Mayor ATTEST: Alicia Ramirez, City Clerk
    • City of San Angelo Finance Department Memo Date: July 24, 2013 To: Mayor and Councilmembers From: Morgan Chegwidden, Budget Manager, 653-6291 Subject: Agenda Item for August 6, 2013 Council Meeting Contact: Morgan Chegwidden, Budget Manager, Finance Department, 653-6291 Caption: Regular Item Discussion and any action in connection thereto of the fiscal year 2013-2014 budget preparation including, but not limited to: a. Priorities, goals, and all City funds b. Consideration of a record vote to propose a property tax rate for fiscal year 2013-2014 Summary: This agenda item is to provide for discussion of the preparation of the fiscal year 2013-2014 operating budget. Part “a” is proposed so the Council may discuss the priorities, goals, and key strategies that Council would direct staff to include in the fiscal year 2013-2014 budget. This agenda item is also to satisfy the State Truth-In-Taxation Code. Part “b” is for the Council to consider taking a record vote to propose a property tax rate for fiscal year 2013-2014. A record vote is needed if the proposed tax rate will raise more funds than taxes received during the previous fiscal year. The proposed increase in revenue is due to properties which have been re- appraised and also new property that has been added to the tax roll. History: Staff has had budget preparation discussions with Council during June and July 2013 to facilitate the inclusion of Council’s priorities and goals in the fiscal year2013-2014 operating budget. Financial Impact: None at this time. Related Vision Item (if applicable): Financial Vision. Other Information/Recommendation: Staff recommends a proposed tax rate of $0.781 for the record vote. This rate allows the City flexibility to adjust the proposed budget and retain the ability to still reduce the tax rate before adopting a tax rate. City Council will have the ability to adopt a tax rate in September less that is than what is voted on today. State law does not allow a City to adopt a rate for more than the amount of the record vote. Attachments: N/A Presentation: DRAFT Powerpoint Publication: Notice of Effective Tax Rate – Published to the internet and the San Angelo Standard Times (include date once published)
    • Reviewed by Service Area Director: Tina Bunnell, Finance Department, July 24, 2013 Approved by Legal: N/A
    • Insert Notice of Effective Tax Rate
    • City of San Angelo Memo Date: July 24, 2013 To: Mayor and Council Members From: Michael Dane, ACM/CFO and Tina Bunnell, Finance Director Subject: Agenda Item for 8-6-13 Council Meeting Contact: Tina Bunnell, 657-4270 Caption: Regular Item Discussion and any action regarding excess Hotel Occupancy Tax receipts Summary: Due to positive economic experience, the City of San Angelo has collected more Hotel Occupancy Tax (HOT) than was necessary for current obligations and contracts. In accordance with state law and local ordinance, we can now discuss potential utilization of these surplus funds. For example the Council can allocate excess hotel occupancy tax receipts to one-time projects. This allocation will help stakeholders further the HOT mission by tackling some much needed one-time and/or capital projects. These projects will help serve the citizens of and visitors to San Angelo by maintaining convention facilities and promoting tourism and the arts. History: The City of San Angelo levied the hotel occupancy tax for the operation of convention facilities, the promotion of tourism, and the improvement of the arts. The current tax rate is 7% for the City of San Angelo. The state levies an additional 6%. No change is proposed to the tax levy. On February 5, 2013, staff received City Council input and direction on how to revise the allocation of hotel occupancy tax dollars. On March 5, 2013, Council adopted a contract with the Convention & Visitors Bureau to utilize hotel occupancy tax dollars to further the mission of tourism in San Angelo. On April 2, 2013, Council adopted an ordinance changing the annual allocation of hotel occupancy tax dollars. On June 18, 2013, Council adopted the contract with the San Angelo Cultural Affairs Council. In June, management held meetings with stakeholders to gather input on potentially eligible one-time projects. On July 2, 2013, City Council discussed the opportunity available to allocate excess funds to eligible projects. Financial Impact: None at this time. Background on law and list of potential projects and financial impact of each will be presented. Related Vision Item (if applicable): Financial Vision Other Information/ None
    • Recommendation: Attachments: Tax Code Title 3. Local Taxation Subtitle D. Local Hotel Occupancy Taxes Chapter 351. Municipal Hotel Occupancy Taxes Subchapter B. Use and Allocation of Revenue; Slides; Document – “What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes” provided by the Texas Hotel and Lodging Association Presentation: Tina Bunnell Publication: None Reviewed by Director: Michael Dane, ACM/CFO Approved by Legal: N/A
    • SUBCHAPTER B. USE AND ALLOCATION OF REVENUE Sec. 351.101. USE OF TAX REVENUE. (a) Revenue from the municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry, and that use is limited to the following: (1) the acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers, or both; (2) the furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants; (3) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (4) the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; (5) historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums: (A) at or in the immediate vicinity of convention center facilities or visitor information centers; or (B) located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates; (6) for a municipality located in a county with a population of one million or less, expenses, including promotion expenses, directly related to a sporting event in which the majority of participants are tourists who substantially increase economic activity at hotels and motels within the municipality or its vicinity; (7) subject to Section 351.1076, the promotion of tourism by the enhancement and upgrading of existing sports facilities or
    • fields, including facilities or fields for baseball, softball, soccer, and flag football, if: (A) the municipality owns the facilities or fields; (B) the municipality: (i) has a population of 80,000 or more and is located in a county that has a population of 350,000 or less; (ii) has a population of at least 75,000 but not more than 95,000 and is located in a county that has a population of less than 200,000 but more than 160,000; (iii) has a population of at least 36,000 but not more than 39,000 and is located in a county that has a population of 100,000 or less that is not adjacent to a county with a population of more than two million; (iv) has a population of at least 13,000 but less than 39,000 and is located in a county that has a population of at least 200,000; (v) has a population of at least 70,000 but less than 90,000 and no part of which is located in a county with a population greater than 150,000; (vi) is located in a county that: (a) is adjacent to the Texas-Mexico border; (b) has a population of at least 500,000; and (c) does not have a municipality with a population greater than 500,000; or (vii) has a population of at least 25,000 but not more that 26,000 and is located in a county that has a population of 90,000 or less; and (C) the sports facilities and fields have been used, in the preceding calendar year, a combined total of more than 10 times for district, state, regional, or national sports tournaments; (8) for a municipality with a population of at least 70,000 but less than 90,000, no part of which is located in a county with a population greater than 150,000, the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of a coliseum or multiuse facility; (9) signage directing the public to sights and attractions that are visited frequently by hotel guests in the municipality; (10) the construction of a recreational venue in the immediate vicinity of area hotels, if:
    • (A) the municipality: (i) is a general-law municipality; (ii) has a population of not more than 900; and (iii) does not impose an ad valorem tax; (B) not more than $100,000 of municipal hotel occupancy tax revenue is used for the construction of the recreational venue; (C) a majority of the hotels in the municipality request the municipality to construct the recreational venue; (D) the recreational venue will be used primarily by hotel guests; and (E) the municipality will pay for maintenance of the recreational venue from the municipality's general fund; (11) the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of a coliseum or multiuse facility, if the municipality: (A) has a population of at least 90,000 but less than 120,000; and (B) is located in two counties, at least one of which contains the headwaters of the San Gabriel River; and (12) for a municipality with a population of more than 175,000 but less than 225,000 that is located in two counties, each of which has a population of less than 200,000, the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of a coliseum or multiuse facility and related infrastructure or a venue, as defined by Section 334.001(4), Local Government Code, that is related to the promotion of tourism. (b) Revenue derived from the tax authorized by this chapter shall be expended in a manner directly enhancing and promoting tourism and the convention and hotel industry as permitted by Subsection (a). That revenue may not be used for the general revenue purposes or general governmental operations of a municipality. (c) The governing body of a municipality by contract may delegate to a person, including another governmental entity or a private organization, the management or supervision of programs and activities funded with revenue from the tax authorized by this chapter. The governing body in writing shall approve in advance the annual budget of the person to which it delegates those functions and shall require the person to make periodic reports to the governing body at least quarterly listing the expenditures made by the person
    • with revenue from the tax authorized by this chapter. The person must maintain revenue provided from the tax authorized by this chapter in a separate account established for that purpose and may not commingle that revenue with any other money. The municipality may not delegate to any person the management or supervision of its convention and visitors programs and activities funded with revenue from the tax authorized by this chapter other than by contract as provided by this subsection. The approval by the governing body of the municipality of the annual budget of the person to whom the governing body delegates those functions creates a fiduciary duty in the person with respect to the revenue provided by the tax authorized by this chapter. (d) A person with whom a municipality contracts under this section to conduct an activity authorized by this section shall maintain complete and accurate financial records of each expenditure of hotel occupancy tax revenue made by the person and, on request of the governing body of the municipality or other person, shall make the records available for inspection and review to the governing body or other person. (e) Hotel occupancy tax revenue spent for a purpose authorized by this section may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs only if those administrative costs are incurred directly in the promotion and servicing expenditures authorized under Section 351.101(a). If a municipal or other public or private entity that conducts an activity authorized under this section conducts other activities that are not authorized under this section, the portion of the total administrative costs of the entity for which hotel occupancy tax revenue may be used may not exceed the portion of those administrative costs actually incurred in conducting the authorized activities. (f) Municipal hotel occupancy tax revenue may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. (g) Nothing in this section shall prohibit any private entity, person, or organization from making subgrants by contract to any other person, entity, or private organization for expenditures under Section 351.101(a)(4). A subgrantee shall:
    • (1) at least annually make periodic reports to the governing body of its expenditures from the tax authorized by this chapter; and (2) make records of these expenditures available for review to the governing body or other person. Added by Acts 1987, 70th Leg., ch. 191, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 14.24(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1110, Sec. 4, eff. Oct. 1, 1989; Acts 1993, 73rd Leg., ch. 680, Sec. 3, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 1027, Sec. 1, eff. Aug. 28, 1995; Acts 2001, 77th Leg., ch. 755, Sec. 1, eff. June 13, 2001; Acts 2001, 77th Leg., ch. 1308, Sec. 3, eff. June 16, 2001; Acts 2003, 78th Leg., ch. 209, Sec. 90, eff. Oct. 1, 2003; Acts 2003, 78th Leg., ch. 303, Sec. 1, eff. June 18, 2003. Amended by: Acts 2005, 79th Leg., Ch. 1247, Sec. 1, eff. June 18, 2005. Acts 2007, 80th Leg., R.S., Ch. 1144, Sec. 1, eff. June 15, 2007. Acts 2009, 81st Leg., R.S., Ch. 402, Sec. 1, eff. June 19, 2009. Acts 2009, 81st Leg., R.S., Ch. 1220, Sec. 3(a), eff. June 19, 2009. Acts 2009, 81st Leg., R.S., Ch. 1322, Sec. 1, eff. June 19, 2009. Acts 2011, 82nd Leg., R.S., Ch. 91, Sec. 23.004, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 247, Sec. 1, eff. June 17, 2011. Acts 2011, 82nd Leg., R.S., Ch. 764, Sec. 1, eff. June 17, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1163, Sec. 120, eff. September 1, 2011. Sec. 351.102. PLEDGE FOR BONDS. (a) Subject to the limitations provided by this subchapter, a municipality may pledge the revenue derived from the tax imposed under this chapter for the payment of bonds that are issued under Section 1504.002(a), Government Code, for one or more of the purposes provided by Section 351.101 or, in the case of a municipality of 1,500,000 or more, for the payment of principal of or interest on bonds or other obligations of a municipally sponsored local government corporation created under Chapter 431, Transportation Code, that were issued to pay the cost of
    • the acquisition and construction of a convention center hotel or the cost of acquisition, remodeling, or rehabilitation of a historic hotel structure; provided, however, such pledge may only be that portion of the tax collected at such hotel. (b) An eligible central municipality or a municipality with a population of 173,000 or more that is located within two counties may pledge the revenue derived from the tax imposed under this chapter from a hotel project that is owned by or located on land owned by the municipality or, in an eligible central municipality, by a nonprofit corporation acting on behalf of an eligible central municipality, and that is located within 1,000 feet of a convention center facility owned by the municipality for the payment of bonds or other obligations issued or incurred to acquire, lease, construct, and equip the hotel and any facilities ancillary to the hotel, including convention center entertainment-related facilities, restaurants, shops, and parking facilities within 1,000 feet of the hotel or convention center facility. For bonds or other obligations issued under this subsection, an eligible central municipality or a municipality with a population of 173,000 or more that is located within two counties may only pledge revenue or other assets of the hotel project benefiting from those bonds or other obligations. (b-1) A municipality with a population of 173,000 or more that is located within two counties and is not an eligible central municipality may not pledge revenue under Subsection (b) in relation to a particular hotel project after the earlier of: (1) the 20th anniversary of the date the municipality first pledged the revenue to the hotel project; or (2) the date the revenue pledged to the hotel project equals 40 percent of the hotel project's total construction cost. (c) A municipality to which Subsection (b) applies is entitled to receive all funds from a project described by this section that an owner of a project may receive under Section 151.429(h) of this code, or Section 2303.5055, Government Code, and may pledge the funds for the payment of obligations issued under this section. Added by Acts 1987, 70th Leg., ch. 191, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 231, Sec. 3, eff. Aug. 30, 1993; Acts 1997, 75th Leg., ch. 165, Sec. 30.274, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1004, Sec. 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1308, Sec. 4, eff. June 16, 2001; Acts 2001, 77th
    • Leg., ch. 1420, Sec. 8.365, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 209, Sec. 91, eff. Oct. 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 519, Sec. 1, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 1087, Sec. 3, eff. June 19, 2009. Acts 2009, 81st Leg., R.S., Ch. 1220, Sec. 4, eff. September 1, 2009. Sec. 351.103. ALLOCATION OF REVENUE: GENERAL RULE. (a) At least 50 percent of the hotel occupancy tax revenue collected by a municipality with a population of 200,000 or greater must be allocated for the purposes provided by Section 351.101(a)(3). For municipalities with a population of less than 200,000, allocations for the purposes provided by Section 351.101(a)(3) are as follows: (1) if the tax rate in a municipality is not more than three percent of the cost paid for a room, not less than the amount of revenue received by the municipality from the tax at a rate of one- half of one percent of the cost of the room; or (2) if the tax in a municipality exceeds three percent of the cost of a room, not less than the amount of revenue received by the municipality from the tax at a rate of one percent of the cost of a room. This subsection does not apply to a municipality, regardless of population, that before October 1, 1989, adopted an ordinance providing for the allocation of an amount in excess of 50 percent of the hotel occupancy tax revenue collected by the municipality for one or more specific purposes provided by Section 351.101(a)(1) until the ordinance is repealed or expires or until the revenue is no longer used for those specific purposes in an amount in excess of 50 percent of the tax revenue. (b) Subsection (a) does not apply to a municipality in a fiscal year of the municipality if the total amount of hotel occupancy tax collected by the municipality in the most recent calendar year that ends at least 90 days before the date the fiscal year begins exceeds $2 million. A municipality excepted from the application of Subsection (a) by this subsection shall allocate hotel occupancy tax revenue by ordinance, consistent with the other limitations of this section. The portion of the tax revenue allocated by a municipality
    • with a population of more than 1.6 million for the purposes provided by Section 351.101(a)(3) may not be less than 23 percent, except that the allocation is subject to and may not impair the authority of the municipality to: (1) pledge all or any portion of that tax revenue to the payment of bonds as provided by Section 351.102(a) or bonds issued to refund bonds secured by that pledge; or (2) spend all or any portion of that tax revenue for the payment of operation and maintenance expenses of convention center facilities. (c) Not more than 15 percent of the hotel occupancy tax revenue collected by a municipality, other than a municipality having a population of more than 1.6 million, or the amount of tax received by the municipality at the rate of one percent of the cost of a room, whichever is greater, may be used for the purposes provided by Section 351.101(a)(4). Not more than 19.30 percent of the hotel occupancy tax revenue collected by a municipality having a population of more than 1.6 million, or the amount of tax received by the municipality at the rate of one percent of the cost of a room, whichever is greater, may be used for the purposes provided by Section 351.101(a)(4). Not more than 15 percent of the hotel occupancy tax revenue collected by a municipality having a population of more than 125,000 may be used for the purposes provided by Section 351.101(a)(5). (d) A municipality that does not allocate any hotel occupancy tax revenue for the purposes provided by Section 351.101(a)(1) may allocate not more than 50 percent of the hotel occupancy tax revenue collected by the municipality for the purposes provided by Section 351.101(a)(5). A municipality that before October 1, 1989, adopts an ordinance providing for the allocation of an amount in excess of 50 percent of the hotel occupancy tax revenue collected by the municipality for one or more specific purposes provided by Section 351.101(a)(5) may allocate the tax revenue as provided by that ordinance until the ordinance is repealed or expires or until the revenue is no longer used for those specific purposes. (e) A municipality may use hotel occupancy tax revenue collected by the municipality for a purpose provided by Section 351.101(a)(1) only if the municipality complies with the applicable provisions of this section.
    • Added by Acts 1987, 70th Leg., ch. 191, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 14.24(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1110, Sec. 6, eff. Oct. 1, 1989; Acts 1993, 73rd Leg., ch. 153, Sec. 1, eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 680, Sec. 5, eff. Sept. 1, 1993; Acts 2001, 77th Leg., ch. 1308, Sec. 5, eff. June 16, 2001. Sec. 351.1035. ALLOCATION OF REVENUE: CERTAIN MUNICIPALITIES IN BORDER COUNTIES. (a) This section applies only to a municipality that is the largest municipality in a county described by Section 352.002(a)(14). (b) At least 50 percent of the hotel occupancy tax revenue collected by a municipality described by Subsection (a) must be allocated for the purposes provided by Section 351.101(a)(3). (c) Not more than 15 percent of the hotel occupancy tax revenue collected by a municipality described by Subsection (a) may be used for the purposes provided by Section 351.101(a)(4). (d) Not more than 15 percent of the hotel occupancy tax revenue collected by a municipality described by Subsection (a) may be used for the purposes provided by Section 351.101(a)(5). Added by Acts 2003, 78th Leg., ch. 303, Sec. 2, eff. June 18, 2003. Sec. 351.104. ALLOCATION OF REVENUE: CERTAIN MUNICIPALITIES BORDERING BAYS. (a) This section applies only to a home-rule municipality that borders a bay, that has a population of less than 80,000, and that is not an eligible coastal municipality. (b) In this section: (1) "Adjacent public land" means land that: (A) is owned by this state or a local governmental entity; and (B) is located adjacent to a bay that is bordered by a municipality to which this section applies. (2) "Clean and maintain" means the collection and removal of litter and debris and the supervision and elimination of sanitary and safety conditions that would pose a threat to personal health or safety if not removed or otherwise corrected. (c) Notwithstanding any other provision of this chapter and subject to Subsections (d) and (e), a municipality to which this
    • section applies may use not more than 10 percent of the revenue derived from the tax imposed under this chapter: (1) for a purpose described by Section 351.105(a)(1) or (2); (2) to clean and maintain adjacent public land; or (3) to mitigate coastal erosion on adjacent public land. (d) A municipality to which this section applies may not reduce the amount of revenue that it uses for a purpose described by Section 351.101(a)(3) to an amount that is less than the average amount of revenue used by the municipality for that purpose during the 36-month period that precedes the municipality's use of revenue under Subsection (c). (e) A municipality that uses revenue from the tax imposed under this chapter for a purpose provided by this section must spend the same amount of revenue for the same purpose from a source other than that tax. Acts 2003, 78th Leg., ch. 699, Sec. 1, eff. Sept. 1, 2003. Sec. 351.105. ALLOCATION OF REVENUE: ELIGIBLE COASTAL MUNICIPALITIES. (a) An eligible coastal municipality that levies and collects an occupancy tax authorized by this chapter at a rate of seven percent shall pledge a portion of the revenue equal to at least one percent of the cost of a room to either or both of the following purposes: (1) the payment of the bonds that the municipality or a park board of trustees may issue under Section 1504.002(a), Government Code, or under Chapter 306, Local Government Code, in order to provide all or part of the funds for the establishment, acquisition, purchase, construction, improvement, enlargement, equipment, or repair of public improvements, including parks, civic centers, civic center buildings, auditoriums, exhibition halls, coliseums, marinas, cruise ship terminal facilities, hotels, motels, parking facilities, golf courses, trolley or trolley transportation systems, and other facilities as may be considered advisable in connection with these facilities that serve the purpose of attracting visitors and tourists to the municipality; or (2) the maintenance, improvement, or operation of the parks, civic centers, civic center buildings, auditoriums, exhibition halls, coliseums, marinas, cruise ship terminal facilities, hotels,
    • motels, parking facilities, golf courses, trolley or trolley transportation systems, and other facilities as may be considered advisable in connection with these facilities that serve the purpose of attracting visitors and tourists to the municipality. (b) If the tax authorized by this chapter is imposed by an eligible coastal municipality at a rate of four or more percent of the cost of a room, no lesser amount than the amount of revenue derived from the application of the tax at a rate of three percent of the cost of a room shall be used for the purpose provided by Section 351.101(a)(3). (c) If the tax authorized by this chapter is imposed by an eligible coastal municipality at a rate of five or more percent of the cost of a room, no lesser amount than the amount of revenue derived from the application of the tax at a rate of one percent shall be used for beach patrol, lifeguard services, marine water safety, and park law enforcement. (d) If the tax authorized by this chapter is imposed by an eligible coastal municipality at a rate of six or more percent, no lesser amount than the amount of revenue derived from the application of the tax at a rate of one percent of the cost of a room shall be used as matching funds for state funds available to clean and maintain public beaches and for other public beach-cleaning funds. (e) Money received under Section 156.2511 and used to clean and maintain beaches is included in determining whether the municipality has met the funding obligation prescribed by Subsections (c) and (d), and the municipality may credit that money against the funding requirements prescribed by Subsections (c) and (d). (f) An eligible coastal municipality and a park board of trustees created by the municipality may: (1) contract for the park board to use the tax authorized by this chapter as provided by this section; and (2) without further authorization, use the tax authorized by this chapter as provided by this section, including for the purpose of issuing bonds or entering into other agreements. (g) The following statutes prevail over any conflicting provision in the charter of an eligible coastal municipality: (1) this section; (2) Chapter 306, Local Government Code; and (3) Subchapter A, Chapter 1504, Government Code.
    • Added by Acts 1987, 70th Leg., ch. 191, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 680, Sec. 6, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 15.02, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 454, Sec. 7, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 298, Sec. 1, eff. May 29, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 8.367, eff. Sept. 1, 2001. Sec. 351.1055. ALLOCATION OF REVENUE: CERTAIN MUNICIPALITIES. (a) In this section: (1) "Clean and maintain" has the meaning assigned by Section 61.063, Natural Resources Code. (2) "Public beach" has the meaning assigned by Section 61.001, Natural Resources Code. (3) "Beach security" means beach patrol, lifeguard services, marine water safety, and park law enforcement. (4) "Erosion response project" has the meaning assigned by Section 33.601, Natural Resources Code. (b) Notwithstanding any other provision of this chapter, a home-rule municipality that borders on the Gulf of Mexico and has a population of more than 250,000 may use all or any portion of the revenue derived from the municipal hotel occupancy tax from hotels in an area previously subject to a county hotel occupancy tax and located on an island bordering the Gulf of Mexico to clean and maintain public beaches in the municipality. (c) Notwithstanding any other provision of this chapter, a municipality that has a population of less than 5,000 adjacent to a home-rule city with a population of less than 80,000 may use all or any portion of the revenue heretofore or hereafter derived from the municipal hotel tax: (1) to clean and maintain the beaches in the municipality; (2) to provide beach security within the municipality; (3) for any of the purposes permitted or allowed by Section 1504.001, Government Code; (4) for any purpose allowed by Section 351.105; or (5) to pay the principal of or interest on bonds or notes issued for any of these purposes. (d) Notwithstanding any other provision of this chapter and except as provided by Subsection (e), an eligible barrier island coastal municipality shall use at least the amount of revenue derived
    • from the application of the tax at a rate of seven percent of the cost of a room for the purposes authorized under Sections 351.101(a)(1) and (3). (e) An eligible barrier island coastal municipality that imposes the tax at a rate equal to or greater than 7-1/2 percent of the price paid for a room shall use at least the amount of revenue derived from the application of the tax at a rate of one-half of one percent of the cost of a room for erosion response projects. Added by Acts 1999, 76th Leg., ch. 1359, Sec. 3, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 117, Sec. 1, eff. July 1, 2003; Acts 2003, 78th Leg., ch. 247, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1271, Sec. 3, eff. June 19, 2009. Acts 2009, 81st Leg., R.S., Ch. 1271, Sec. 4, eff. June 19, 2009. Sec. 351.106. ALLOCATION OF REVENUE: POPULOUS MUNICIPALITIES WITH COUNCIL-MANAGER GOVERNMENT. (a) A municipality that has a population of 1.18 million or more, is located predominantly in a county that has a total area of less than 1,000 square miles, and that has adopted a council-manager form of government shall use the amount of revenue from the tax that is derived from the application of the tax at a rate of more than four percent of the cost of a room as follows: (1) no more than 55 percent to: (A) constructing, improving, enlarging, equipping, and repairing the municipality's convention center complex; or (B) pledging payment of revenue bonds and revenue refunding bonds issued under Subchapter A, Chapter 1504, Government Code, for the municipality's convention center complex; and (2) at least 45 percent for the purposes provided by Section 351.101(a)(3). (b) Revenue received by a municipality described by Subsection (a) from the application of the tax at a rate of four percent or less may be used as provided by Section 351.101. Added by Acts 1987, 70th Leg., ch. 191, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 14.23(b), eff. Aug. 28,
    • 1989; Acts 1991, 72nd Leg., ch. 597, Sec. 108, eff. Sept. 1, 1991; Acts 2001, 77th Leg., ch. 669, Sec. 123, 124, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 8.368, eff. Sept. 1, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1163, Sec. 121, eff. September 1, 2011. Sec. 351.1065. ALLOCATION OF REVENUE: ELIGIBLE CENTRAL MUNICIPALITY. (a) An eligible central municipality shall use the amount of revenue from the tax that is derived from the application of the tax at a rate of more than seven percent of the cost of a room only for: (1) the construction of an expansion of an existing convention center facility; and (2) pledging payment of revenue bonds and revenue refunding bonds issued under Subchapter A, Chapter 1504, Government Code, for the construction of the expansion. (b) Any interest income derived from the application of the tax at a rate of more than seven percent of the cost of a room may be used only for the purposes provided by this section. (c) An eligible central municipality expending tax revenue under this section shall attempt to include minority-owned businesses in the issuance of at least 32 percent of the total dollar value of the bonds issued, and in at least 32 percent of the total fees paid by the issuer, in connection with the construction. Added by Acts 1993, 73rd Leg., ch. 620, Sec. 3, eff. Aug. 30, 1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.369, eff. Sept. 1, 2001. Sec. 351.1066. ALLOCATION OF REVENUE: CERTAIN MUNICIPALITIES. (a) This section applies only to: (1) a municipality with a population of at least 3,500 but less than 5,500 that is the county seat of a county with a population of less than 50,000 that borders a county with a population of more than 1.6 million; and (2) a municipality with a population of at least 2,900 but less than 3,500 that is the county seat of a county with a population
    • of less than 22,000 that is bordered by the Trinity River and includes a state park and a portion of a wildlife management area. (b) Notwithstanding any other provision of this chapter, a municipality to which this section applies may use all or any portion of the revenue derived from the municipal hotel occupancy tax for: (1) a business recruitment project to substantially enhance hotel activity and encourage tourism; and (2) the construction, enlarging, equipping, improvement, maintenance, repairing, and operation of a recreational facility to substantially enhance hotel activity and encourage tourism. Added by Acts 2011, 82nd Leg., R.S., Ch. 751, Sec. 1, eff. June 17, 2011. Sec. 351.107. ALLOCATION OF REVENUE; CERTAIN LARGE COASTAL MUNICIPALITIES. (a) This section applies only to a municipality that borders on the Gulf of Mexico and has a population of more than 250,000. (b) A municipality to which this section applies shall separately account for all revenue derived from the application of the tax imposed by this chapter at a rate of more than seven percent of the cost of a room. (c) Subject to Subsection (e), revenue described by Subsection (b) may be used only for: (1) acquiring land for a municipally owned convention center; (2) constructing, improving, enlarging, equipping, repairing, operating, and maintaining a municipally owned convention center; and (3) paying bonds used to finance activities described by Subdivision (1) or (2). (d) For the purpose of the allocation of revenue under Section 351.103, revenue described by Subsection (b) is not counted. (e) Notwithstanding any other provision of this chapter, a municipality to which this section applies may use all or any portion of the revenue derived from the municipal hotel occupancy tax from hotels in an area previously subject to a county hotel occupancy tax and located on an island bordering the Gulf of Mexico to clean and maintain public beaches in the municipality. (f) In this section:
    • (1) "Clean and maintain" has the meaning assigned by Section 61.063, Natural Resources Code. (2) "Public beach" has the meaning assigned by Section 61.001, Natural Resources Code. Added by Acts 1999, 76th Leg., ch. 825, Sec. 2, eff. June 18, 1999. Amended by Acts 2003, 78th Leg., ch. 117, Sec. 2, eff. July 1, 2003. Sec. 351.1076. ALLOCATION OF REVENUE: CERTAIN MUNICIPALITIES. (a) A municipality that spends municipal hotel occupancy tax revenue for the enhancement and upgrading of existing sports facilities or fields as authorized by Section 351.101(a)(7): (1) shall determine the amount of municipal hotel occupancy tax revenue generated for the municipality by hotel activity attributable to the sports events and tournaments held on the enhanced or upgraded facilities or fields for five years after the date the enhancements and upgrades are completed; and (2) may not spend hotel occupancy tax revenue for the enhancement and upgrading of the facilities or fields in a total amount that exceeds the amount of area hotel revenue attributable to the enhancements and upgrades. (b) The municipality shall reimburse from the municipality's general fund any expenditure in excess of the amount of area hotel revenue attributable to the enhancements and upgrades to the municipality's hotel occupancy tax revenue fund. Added by Acts 2005, 79th Leg., Ch. 1247, Sec. 2, eff. June 18, 2005. For expiration of this section, see Subsection (f). Sec. 351.1077. ALLOCATION OF REVENUE FOR THE ARTS FOR CERTAIN MUNICIPALITIES. (a) This section applies only to a municipality that: (1) has a population of more than 190,000; (2) is located in a county in which another municipality that has a population of more than one million is predominately located; and (3) issued bonds before January 1, 2007, for the construction of a municipal arts center payable from and secured by revenue from the tax imposed under this chapter.
    • (b) Notwithstanding any other provision of this chapter, a municipality to which this section applies may use an amount that is less than or equal to 15 percent of the hotel occupancy tax revenue collected by the municipality for the purposes provided by Section 351.101(a)(4). (c) Notwithstanding any other provision of this chapter, a municipality to which this section applies may use an amount that is less than or equal to an additional $1.6 million in hotel occupancy tax revenue collected by the municipality for the purposes provided by Section 351.101(a)(4). The $1.6 million is in addition to the 15 percent amount allowed by Subsection (b). (d) A municipality to which this section applies may not reduce the amount of revenue that an arts center that receives funds under Subsection (b) spends for a purpose described by Section 351.101(a)(3) to an amount that is less than the amount of revenue spent by the arts center for those purposes during the fiscal year of the arts center preceding the effective date of this section. If the municipality reduces the funding of the arts center under Subsection (b), the art center's required funding amount for purposes described by Section 351.101(a)(3) is also reduced by a proportional amount. (e) An arts center that receives funds under Subsection (b) shall include a website address that contains a link to area hotels and lodging options in the municipality on all materials produced for the purposes of Section 351.101(a)(3). (f) This section expires September 1, 2022. Added by Acts 2007, 80th Leg., R.S., Ch. 14, Sec. 1, eff. April 25, 2007. Sec. 351.108. RECORDS. (a) A municipality shall maintain a record that accurately identifies the receipt and expenditure of all revenue derived from the tax imposed under this chapter. (b) A municipality or entity that spends revenue derived from the tax imposed under this chapter shall, before making an expenditure, specify in a list each scheduled activity, program, or event that: (1) is directly funded by the tax or has its administrative costs funded in whole or in part by the tax; and (2) is directly enhancing and promoting tourism and the convention and hotel industry.
    • (c) If a municipality delegates to another entity the management or supervision of an activity or event funded by the tax imposed under this chapter, each entity that is ultimately funded by the tax shall, before making an expenditure, specify in a list each scheduled activity, program, or event that: (1) is directly funded by the tax or has its administrative costs funded in whole or in part by the tax; and (2) is directly enhancing and promoting tourism and the convention and hotel industry. (d) The list required in Subsections (b) and (c) should be provided to the office of the city secretary or to the city secretary's designee. (e) Subsections (b) and (c) do not prevent a municipality or funded entity from subsequently adding an activity, program, or event to the list required by those subsections if the activity, program, or event is directly enhancing and promoting tourism and the convention and hotel industry. (f) This section does not prevent a municipality or entity receiving revenue from the tax imposed under this chapter from setting aside tax revenue in a designated reserve fund for use in supporting planned activities, future events, and facility improvements that are directly enhancing and promoting tourism and the convention and hotel industry. (g) Subsections (b) and (c) do not apply if the funded entity already provides written information to the municipality that indicates which scheduled activities, programs, or events offered by the entity are directly enhancing and promoting tourism and the convention and hotel industry. (h) Subsections (b) and (c) do not affect the level of local hotel occupancy tax funding that was approved at an election held pursuant to the initiative and referendum provisions of a city charter, and do not prohibit the use of local hotel occupancy tax for the encouragement, promotion, improvement, and application of the arts or for historical restoration and preservation as otherwise provided by this chapter. Added by Acts 1999, 76th Leg., ch. 495, Sec. 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1467, Sec. 2.73, eff. Oct. 1, 1999. Renumbered from Sec. 351.107 and amended by Acts 2001, 77th Leg., ch.
    • 636, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(101), eff. Sept. 1, 2001. Sec. 351.110. ALLOCATION OF REVENUE FOR CERTAIN TRANSPORTATION SYSTEMS. (a) Notwithstanding any other provision of this chapter, a municipality may use the revenue derived from the tax imposed under this chapter for a transportation system to transport tourists from hotels in and near the municipality to: (1) the commercial center of the municipality; (2) a convention center in the municipality; (3) other hotels in or near the municipality; and (4) tourist attractions in or near the municipality. (b) The transportation system that transports tourists as described by Subsection (a) may be: (1) owned and operated by the municipality; or (2) privately owned and operated but partially financed by the municipality. (c) This section does not authorize the use of revenue derived from the tax imposed under this chapter for a transportation system that serves the general public other than for a system that transports tourists as described by Subsection (a). Added by Acts 2007, 80th Leg., R.S., Ch. 1231, Sec. 1, eff. June 15, 2007.
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes Texas Hotel & Lodging Association REVISED FALL 2011
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 2 Texas Hotel & Lodging Association, 2011 Table of Contents INTRODUCTION 3 AUTHORIZED ENTITIES 3 COLLECTING THE TAX 4 EXEMPTIONS FROM THE LOCAL TAX 5 THLA’s Simplified Hotel Occupancy Tax Exemption Rules 8 HOW THE CITY RECEIVES THE TAX 10 REIMBURSEMENT OF HOTEL FOR COLLECTION EXPENSES 10 PENALTIES FOR FAILURE TO REPORT OR COLLECT THE TAX 10 ENFORCEMENT AUTHORITY OF A CITY 11 USE OF LOCAL HOTEL OCCUPANCY TAX REVENUES 13 Criteria #1: First, every expenditure must DIRECTLY enhance and promote tourism AND the convention and hotel industry. 13 Criteria #2: Every expenditure of the hotel occupancy tax must clearly fit into one of nine statutorily provided categories for expenditure of local hotel occupancy tax revenues. 15 1) Funding the establishment, improvement, or maintenance of a convention center or visitor information center. 15 2) Paying the administrative costs for facilitating convention registration. 15 3) Paying for advertising, solicitations, and promotions that attract tourists and convention delegates to the city or its vicinity. 16 4) Expenditures that promote the arts. 16 5) Funding historical restoration or preservation programs. 17 6) Funding certain expenses, including promotional expenses, directly related to a sporting event within counties with a population of under 1 million. 17 7) Funding the enhancement or upgrading of existing sports facilities or sports fields for certain municipalities. 18 8) Funding transportation systems for tourists 19 9) Signage directing tourists to sights and attractions that are visited frequently by hotel guests in the municipality. 20 Summary of the Nine Uses for the Local Hotel Occupancy Tax 20 ADMINISTERING HOTEL OCCUPANCY TAX REVENUE EXPENDITURES 21 Duty of funded entities to provide a list of activities. 21 Delegating management of funded activities. 21 Use of hotel occupancy tax revenues to cover administrative expenses. 22 SPECIAL RULES FOR SELECTED MUNICIPALITIES 23 ADDITIONAL INFORMATION 30 INDEX 31
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 3 Texas Hotel & Lodging Association, 2011 Introduction Since the 1960s, hotel occupancy taxes have been an important tool for promoting growth in communities’ tourism and hotel industries. Today, over 500 Texas cities levy a local hotel occupancy tax.1 Hotel guests generate economic activity for local businesses and contribute over $1 billion in revenues annually for local governments. If a hotel guest is motivated to come to an area or to extend their stay due to activities or facilities funded with hotel tax revenues, the local and state economies benefit. In turn, the hotel tax revenues generated from additional room night activity funds future programs and tourism-related facilities, providing an economic engine for prosperity for the area. Unlike property tax and sales tax revenues, which cities can use for most public purposes, local hotel occupancy tax revenues fall under a more structured statutory mandate. Municipal hotel occupancy taxes are primarily governed by Chapter 351 of the Texas Tax Code. This guide assists local governments, hotel tax revenue grant applicants, and lodging operators in all aspects of the municipal hotel tax process, including the rules on allowable expenditures of these funds by cities that fall within certain population and geographic brackets. Authorized Entities All incorporated Texas municipalities, including general law and home rule cities, may enact a hotel occupancy tax within the city limits.2 A city with a population of under 35,000 may also adopt the hotel occupancy tax within that city’s extraterritorial jurisdiction (ETJ).3 Most cities are eligible to adopt a hotel occupancy tax at a rate of up to 7 percent of the price paid for the use of a hotel room.4 If a city adopts the hotel occupancy tax within its ETJ, the combined state, county, and municipal hotel occupancy tax rate may not exceed 15 percent.5 Texas has among the highest combined hotel occupancy tax rates of any major metropolitan areas in the nation, with Houston at 17 percent and San Antonio at 16 ¾ percent.6 In addition to local hotel occupancy taxes, all lodging properties operating in Texas are subject to a six percent state hotel occupancy tax.7 Governed under Chapter 156 of the Texas Tax Code, the state hotel occupancy tax is administered by the Texas Comptroller. Funds from the state six percent hotel occupancy tax flow directly to the Texas Comptroller’s office and are largely used for the general governmental operations of the State. A portion of the state hotel occupancy tax revenue also goes toward funding tourism promotion through Texas’s ad campaign. Most Texans know this successful ad campaign by its famous tagline, “Texas, it’s like a whole other country.” 1 Texas Hotel & Lodging Association (THLA) maintains a listing of most city and county hotel tax rates, accessible upon request to THLA members. 2 Tex. Tax Code Ann. § 351.002(a) (Vernon 2011). 3 § 351.0025(a). 4 § 351.003(a). 5 § 351.0025(b). 6 Source: National Business Travel Association 2009 Survey. 7 Tex. Tax Code § 156.051.
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 4 Texas Hotel & Lodging Association, 2011 Collecting the Tax Under the Texas Tax Code, the following businesses are considered “hotels” and are required to collect hotel occupancy taxes from their guests: “Any building or buildings in which members of the public obtain sleeping accommodations for consideration” for less than 30 days, including a hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, rooming house, or bed and breakfast facilities. The Texas Administrative Code also includes “manufactured homes, skid mounted bunk houses, residency inns, condominiums, cabins, and cottages within the definition of a “hotel” if the facility is rented for periods of under 30 days.8 Hospitals, sanitariums, nursing homes, dormitories or other non-hotel housing facilities owned by institutions of higher education, and oilfield portable units do not collect the tax.9 Subject to various exemptions, the hotel tax is imposed on any “person” who pays for the use of a room in a hotel, including corporations, organizations, and other legal entities. The hotel room must cost $2 or more per day for the local hotel tax to apply, and $15 or more per day for the state hotel tax to apply.10 Meeting rooms versus sleeping rooms: The rental of sleeping rooms in hotels is subject to both state and local hotel taxes. However, there is a difference in how state and local hotel taxes apply to the rental of hotel meeting rooms. While the rental of sleeping rooms in hotels are subject to both state and local hotel taxes, meeting room rentals are not subject to local hotel occupancy taxes.11 The rental of a meeting room or meeting space in a hotel is subject to the state 6 percent hotel occupancy tax, provided the room or space is physically located in a structure that also contains sleeping rooms.12 Furthermore, sales tax does not apply to the rental of either a meeting room or a sleeping room. Food and beverage and other hotel charges: Certain charges assessed by a hotel to a guest are subject to hotel occupancy taxes, while other added charges are subject to state and local sales tax. Common hotel charges usually subject to sales taxes (but generally not subject to hotel occupancy taxes) are banquet service fees, food and beverage fees, movie rentals, dry cleaning/laundry services, internet connection, parking, and portage or bellhop fees. Hotel charges related to occupancy of a sleeping room or readying a sleeping room for occupancy are usually subject to hotel occupancy taxes only. Common hotel charges subject to hotel occupancy tax are rollaway bed charges, pet charges, smoking fees, room damage fees, room safe charges, and late or early checkout fees.13 It is important to note that if a hotel offers services as part of a package rate included with lodging, and the price of a specific good or service is not separately stated on a guest’s invoice, bill, or folio, the entire package is subject to hotel occupancy taxes.14 Additionally, a special rule applies to whether hotel occupancy taxes are imposed on a hotel room rental cancellation fee. A 1989 Texas Comptroller’s hearing concluded that hotel taxes are not due on charges to guests who 1) cancel more than 30 days before the schedule stay begins, or 2) when the charge to the 8 Tex. Tax Code § 156.001; 34 Tex. Admin. Code Ann. § 3.161(a)(3) (Vernon 2009). 9 Tex. Tax Code § 156.001. 10 Tex. Tax Code § 156.051(a); § 351.002(a). 11 Id. 12 Tex. Tax Code § 156.051(a); Tex. Comptroller Opinion Letter No. 200103106L, Mar. 9, 2001. 13 THLA maintains a list of most hotel charges and which tax, if any is assessed on a particular charge. This list is available upon request to THLA members. 14 Tex. Comptroller Opinion Letter No. 200102031L, Feb. 7, 2001.
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 5 Texas Hotel & Lodging Association, 2011 guest is less than the reserved room rate.15 This rule applies both to individual reservations and also to group contracts.16 Exemptions from the Local Tax Texas law provides certain hotel tax exemptions based on the length of a guest’s stay or the guest’s affiliation with an exempt organization. Texas law is more permissive for exemptions from the state 6% hotel occupancy tax than it is for local hotel tax exemptions. The state hotel occupancy tax allows for an exemption for the following entities: educational, charitable, and religious entities are often exempt from the state hotel occupancy tax. These entities are not exempt from local hotel occupancy taxes.17 Focusing specifically on the local hotel occupancy taxes, there are primarily four categories of exemptions permitted from municipal and county hotel occupancy taxes: 1) Federal Employees: Federal employees traveling on official business; 2) Diplomats: Foreign diplomats with a tax exempt card issued by the U.S. Department of State; 3) High Ranking State Officials: A very limited number of state officials with a hotel tax exemption card (e.g. heads of state agencies, state legislators and legislative staff, members of state boards and commissions, and state judges); and 4) Permanent Resident/Over 30 Day Stay: Persons or businesses who have agreed in advance to use a hotel room for more than 30 consecutive days (i.e. the “permanent resident” hotel tax exemption).18 Hotel guests claiming items one through three of the above exemptions are required to show appropriate identification and to fill out a “Hotel Occupancy Tax Exemption Certificate” promulgated by the Texas Comptroller.19 The tax exemption certificate form is available on the Texas Comptroller’s website at http://www.window.state.tx.us/taxinfo/taxforms/12-forms.html. Permanent residents (guests who stay for more than 30 days): Special attention should be paid to the “permanent resident” hotel tax exemption. This permanent resident exemption applies to both state and local hotel taxes, and ensures that hotel guests staying over 30 days are taxed the same as residents staying at extended-stay properties, apartments, corporate rental facilities, rental houses, etc.20 The Texas Tax Code states that any “person” who has the right to use or possess a lodging room for at least 30 consecutive days is exempt from state and local hotel occupancy taxes, provided there is no interruption in payment for the room during this period.21 In Texas, a “person” also includes a corporation or business. Therefore, one should look to whether the same person, corporate entity, business, or other entity paid for the room for that entire period. If, in advance or upon check-in, the guest provides notice to a hotel of intent to occupy a guest room for 15 Texas Comptroller's Hearing Decision No. 24,654 (1989). 16 Id. 17 Tex. Tax Code § 156.102. 18 § 156.104. 19 Id. 20 § 156.101. 21 Tex. Tax Code § 156.101; 34 Tex. Admin. Code § 3.161(a)(4).
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 6 Texas Hotel & Lodging Association, 2011 30 days or longer, no tax is due for any part of a guest’s stay. A signed registration card or confirmed reservation indicating a guest’s intent to occupy a room for 30 days or longer is sufficient written evidence.22 Furthermore, the guest is not actually required to physically occupy the room, but the guest must maintain the right to occupy the room for the length of the exemption period.23 If no notice is provided upon check-in that can be documented by a written agreement (guest reservation, confirmation, registration, or folio or separate agreement), the first 30 days of the guest’s stay are not tax-exempt.24 However, the guest's stay becomes automatically tax exempt on the 31st day—regardless of whether there was prior notice of the guest’s intent to stay for 30 days or more, as long as there has been no interruption in payment for the room.25 THLA generally recommends hoteliers collect hotel occupancy taxes from the guest for the first 30 days of the guest’s stay. On the 31st day of the guest’s stay, provided there is no interruption of payment for the room and there was prior written notice or a reservation indicating the guest’s intent to stay 30 days or longer, the hotel should refund the collected hotel occupancy taxes for the first thirty days. This protects the hotel from incurring tax liability should the guest check out before staying at least 30 days. The hotel could choose to not collect the hotel tax during the stay if the guest paid in advance for the entire 30 days and there was no allowance for a refund if the guests checks out early. State Employees: Virtually all rank and file state employees do not have a special hotel occupancy tax exemption card that prevents them from having to pay the state and local hotel tax even when they are on official business. Such state employees must pay the state and local hotel occupancy tax when paying their bill and, their employing agency may later apply for a refund from the state and local government tax offices.26 The state agency the employee works for is responsible for requesting this refund from the state and local government. City and County Employees/Officials: City and county officers and employees are not exempt from the state or the local hotel occupancy tax, even if the officers or employees are traveling on official business.27 Additionally, cities have no legal authority to authorize additional exemptions from the hotel occupancy tax not recognized in the Tax Code.28 The Attorney General ruled in JM-865 (1988) that cities cannot grant an exception to the hotel occupancy tax for religious, charitable, or educational organizations without new constitutional or statutory authority to do so. Letters of tax exemption: The Texas Comptroller maintains an online database of entities that have been granted a “Letter of Tax Exemption” from the state hotel occupancy tax. Most commonly, these organizations fall into the religious or charitable categories of exemption from the state hotel occupancy tax, and the Comptroller generally requires a letter of tax exemption to accompany a completed exemption certificate before an exemption may be granted on this basis. This database is accessible online at 22 Tex. Comptroller Opinion Letter No. 200601452L, Jan. 27, 2006. 23 34 Tex. Admin. Code § 3.161(b)(2)(C). 24 § 3.161(b)(2)(A). 25 Id. 26 §3.163(b). 27 See generally Tex. Tax Code § 351.005; Tex. Comptroller Opinion Letter No. 200202815L, Feb. 22, 2002. 28 Tex. Att’y Gen. JM-865 (1988).
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 7 Texas Hotel & Lodging Association, 2011 http://www.window.state.tx.us/taxinfo/hotel/index.html. It is important to note that many entities are exempt from the state sales tax, but are not exempt from the state or local hotel occupancy tax. For religious entities with a national affiliation, oftentimes the national organization’s letter of tax exemption will cover individual congregations.29 For example, a search of “Baptist Convention” on the online database reveals that the “NATIONAL BAPTIST CONVENTION OF AMERICA INCORPORATED” holds a letter of tax exemption that will also be valid for subordinate entities. An individual Baptist congregation affiliated with the National Baptist Convention can use the national organization’s letter of tax exemption to accompany the signed exemption certificate. Finally, the Comptroller’s staff has indicated they are willing to exercise some flexibility for lodging properties that accept a tax exemption certificate in good faith from a qualifying religious entity when the entity may not yet have formally filed for a letter of tax exemption. This, however, should only be relied upon as a last resort, as there is no official report of this position, and auditors are trained to look for definitive documentation. In such a case, check the identification papers (ID, business card, etc.) for the traveler. If the entity fits into one of the exempt categories under the THLA exemption chart, honor the exemption if that entity is paying for the room. Make a copy of the identification item you are relying on, and be sure that all such travelers fill out the exemption certificate. To simplify the hotel tax exemption issue, THLA publishes a chart a hotel or city official can utilize to determine when an exemption is proper starting on the next page: 29 Tex. Comptroller Opinion Letter No. 200109470L, Sep. 13, 2001.
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 8 Texas Hotel & Lodging Association, 2011 THLA’s Simplified Hotel Occupancy Tax Exemption Rules TYPE OF BUSINESS REQUESTING EXEMPTION EXEMPT FROM STATE H.O.T. EXEMPT FROM LOCAL H.O.T. COMMENTS Agricultural Development Corporations Yes Yes Guest must present Texas Comptroller letter of tax exemption, and Guest must fill out tax exemption certificate. City & County Employees Not exempt Not exempt Local government employees are not exempt from hotel taxes, even when traveling on official business. Charitable Organizations Depends (see comments to the right) Not exempt Guest must present Texas Comptroller letter of tax exemption, and Guest must fill out tax exemption certificate. Charitable entities must be able to show that they devotes all or substantially all of their activities to the alleviation of poverty, disease, pain, and suffering by providing food, clothing, drugs, treatment shelter, or psychological counseling directly to indigent or similarly deserving members of society, with entity funds derived from sources other than fees or charges for its services. Other 501 (c) (3) and 501 (c) (6) entities are not exempt. Texas Educational Organizations (see comments on the right regarding differences between Texas and out-of-state educational organizations) Yes Not exempt Guest must fill out tax exemption certificate. State law limits the state hotel occupancy tax exemption for higher education entities to only Texas institutions of higher education. Out-of-state higher education entities are not exempt from the state or local hotel tax. However, out-of-state educational entities that are not institutions of higher education (high schools, middle schools, elementary schools, etc.) are exempt from state hotel taxes just like their Texas counterparts. Electric & Telephone Cooperatives Yes Yes Guest must present Texas Comptroller letter of tax exemption, and Guest must fill out tax exemption certificate. Federal Credit Unions Yes Yes Guest must fill out tax exemption certificate, and Present a valid ID. Texas Comptroller opinion letters indicate that employees traveling on official business as employees of a federal credit union are treated as federal government employees. Federal Employees (includes FEMA and Red Cross reimbursed rooms) Yes Yes Guest must fill out tax exemption certificate, and Present a valid ID. Foreign Diplomats Yes Yes Guest must fill out tax exemption certificate, and Guest must present tax exempt card issued by U.S. Department of State.
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 9 Texas Hotel & Lodging Association, 2011 TYPE OF BUSINESS REQUESTING EXEMPTION EXEMPT FROM STATE H.O.T. EXEMPT FROM LOCAL H.O.T. COMMENTS Health Facilities Development Corporations Yes Yes Guest must present Texas Comptroller letter of tax exemption, and Guest must fill out tax exemption certificate. Housing Authorities & Finance Corporations Yes Yes Guest must present Texas Comptroller letter of tax exemption, and Guest must fill out tax exemption certificate. Pan American Games Olympic Games Local Organizing Committees Yes Yes Guest must present Texas Comptroller letter of tax exemption, and Guest must fill out tax exemption certificate. Permanent Residents (30 days or more) Yes Yes Guest must notify of their intent to stay 30 or more days from the beginning. If stay is interrupted, hotel occupancy taxes must be paid. Guests who do not notify the hotel of the anticipated over 30 day duration of their stay are exempt for hotel occupancy taxes beginning on the 31 st consecutive day of their stay. Public Facility Corporation Yes Yes Guest must present Texas Comptroller letter of tax exemption, and Guest must fill out tax exemption certificate. Regional Education Service Centers Yes Not exempt Guest must present Texas Comptroller letter of tax exemption, and Guest must fill out tax exemption certificate. Religious Organizations Yes Not exempt Guest must present Texas Comptroller letter of tax exemption, and Guest must fill out tax exemption certificate. High Ranking State Officials with Hotel Tax Exemption Photo ID Card Yes Yes Guest must present Texas Comptroller letter of tax exemption, and Guest must present state photo ID card that specifically notes that employee is exempt from hotel occupancy tax. These are heads of state agencies; members of state boards and commissions; state legislators and their staff; and state judges. General State Employees without Special Hotel Tax Exemption Photo ID Card Not exempt Not exempt Guest must pay the state and local hotel tax, and then have their state agency may apply for reimbursement through a separate process.
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 10 Texas Hotel & Lodging Association, 2011 How the City Receives the Tax The hotel occupancy tax is collected from the hotel guest by the hotel when the guest makes payment to the hotel. The tax is then remitted by the hotel to the city on a regular basis, to be established by the city. Although the Texas Comptroller's Office is not directly involved in the collection of the local hotel occupancy tax, cities often use the same reporting timeframes and forms used by the Texas Comptroller for collection of the local hotel occupancy tax. This allows hotels to follow a consistent payment pattern. The Texas Comptroller’s timeframes are as follows: Hotels owing less than $500 in state hotel tax for each calendar month, or $1,500 for a calendar quarter, report and remit tax on the 20th day of the month following the end of the quarter. All other hotels file monthly state hotel tax returns by the 20th day of the following month. If the 20th day falls on a weekend or bank holiday, the return is due on the next business day.30 Regardless of the reporting period used, cities often require hotels to include a copy of the hotel’s state hotel tax report for the Texas Comptroller as part of their report. The state report data may be used to check the local report provided by the hotel to the city. It is important to remember, however, that the amount of taxable revenue will vary to a certain degree between the state and local hotel tax based on the amount of state hotel tax exempt business a property handles that is not exempt from the local hotel tax, and the amount of meeting room rentals subject solely to the state hotel tax. Reimbursement of Hotel for Collection Expenses By ordinance, a municipality may allow hotel operators to retain up to 1 percent of the amount of hotel occupancy taxes collected as reimbursement for the costs of collecting the tax.31 The municipality may require hotels to forfeit the reimbursement because of a failure to pay the tax or failure to file a report as required by the municipality.32 One should take note that the state statutes do not contain provisions allowing city governments to retain any of the collected tax to cover costs of imposing or collecting the tax. However, cities that undertake responsibility for administering a facility or event funded by the local hotel occupancy tax may be reimbursed from the tax revenues for actual expenses incurred in operating the facility or event, if the expenditure directly promotes tourism and local hotel and convention activity.33 Penalties for Failure to Report or Collect the Tax The local hotel occupancy tax statutes provide for specific penalties a city may assess against hotel operators who fail to file the hotel tax collections report, file late or without full payment, or produce false tax returns.34 Delinquency penalties and attorney’s fees: A city may include a provision in its hotel occupancy tax ordinance that imposes a 15 percent penalty of 30 Tex. Comptroller, http://www.window.state.tx.us/taxinfo/hotel/faqhotel.html. 31 Tex. Tax Code § 351.005(a). 32 § 351.005(b). 33 § 351.101(e). 34 § 351.004.
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 11 Texas Hotel & Lodging Association, 2011 the total amount of the tax owed, but only if the tax has been delinquent for at least one complete municipal fiscal quarter.35 Additionally, a delinquent hotel operator may be liable to the municipality for the municipality's reasonable attorney’s fees.36 The hotel occupancy tax ordinance may also include a provision that makes it a criminal misdemeanor offense for failure to collect the tax, failure to file a return, filing a false return, or failure to timely make the remittances.37 Audit costs and concurrent state tax delinquencies: A city can require a hotel to pay the costs of a city audit of the hotel’s revenues if the hotel did not file a tax report as required by the municipality, but only if 1) the hotel is delinquent for at least two complete municipal calendar quarters, and 2) the municipality has not received a disbursement from the Texas Comptroller for the hotel’s concurrent state hotel tax delinquency.38 The concurrent state hotel tax delinquency provision in the Tax Code allows cities to receive a commission from the Texas Comptroller if the Comptroller successfully utilizes city audit information to collect delinquent state hotel taxes from the hotel.39 First, a city submits any documentation or other information to the Comptroller that shows a hotel’s failure to collect of pay state hotel occupancy tax. The Comptroller then reviews the submitted information and determines whether to proceed with collection and enforcement.40 If the information submitted by the city results in the collection of delinquency state hotel occupancy taxes, the Comptroller will remit 20 percent of the revenues collected by the Comptroller to the city, to defray the city’s audit costs.41 Alternatively, a city may request hotel occupancy tax audit information from the Texas Comptroller. However, the city must keep such information confidential, and use the information only for enforcement or administration of the city’s hotel tax. To obtain such information, a city must make a written request to the Comptroller’s Office, Open Records Section, at P.O. Box 13528, Austin, Texas 78711. The request must be on city letterhead and signed by a high-level city official, preferably the mayor. A city may also fax such a written request to the Comptroller’s Office, Open Records Section, at (512) 475-1610. Enforcement Authority of a City Cities are also given the authority to take the following actions against a hotel operator who fails to report or collect the local hotel occupancy tax:  require the forfeiture of any revenue the city allowed the hotel operator to retain for its cost of collecting the tax;42  bring a civil suit against the hotel operator for noncompliance;43  ask the district court to enjoin operation of the hotel until the report is filed and/or the tax is 35 Id. 36 § 351.004. 37 Id. 38 Id. 39 Id. 40 Id. 41 Id. 42 Id. 43 Id.
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 12 Texas Hotel & Lodging Association, 2011 paid;44 and  any other remedies provided under Texas law. The most noteworthy of these remedies is the ability of the city to request that the district court close down the hotel if the hotel occupancy taxes are not turned over. Informing the hotel operator of the possibility of such a closure generally results in compliance by the hotel. A city may also require in its hotel occupancy tax ordinance that persons buying a hotel retain out of the purchase price an amount sufficient to cover any delinquent hotel occupancy taxes that are due to the city.45 If the buyer does not remit this amount or show proof that the hotel is current in remitting its hotel occupancy taxes, the buyer becomes liable for any past delinquent hotel occupancy taxes due on the purchased hotel.46 The purchaser of a hotel may request that the city provide a receipt showing that no hotel occupancy tax is due (“Letter of No Tax Due”) on the property to be purchased.47 The city is required to issue the statement not later than the 60th day after the request.48 If the city fails to issue the statement by the deadline, the purchaser is released from the obligation to withhold the amount due from the purchase price.49 44 Id. 45 § 351.0041. 46 Id. 47 Id. 48 Id. 49 Id.
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 13 Texas Hotel & Lodging Association, 2011 Use of Local Hotel Occupancy Tax Revenues There is a two-part test for every expenditure of local hotel occupancy tax.50 Criteria #1: First, every expenditure must DIRECTLY enhance and promote tourism AND the convention and hotel industry.51 Under the Tax Code, every event, program, or facility funded with hotel occupancy tax revenues must be likely to do two things: 1) directly promote tourism; and 2) directly promote the convention and hotel industry.52 “Tourism” is defined under Texas law as guiding or managing individuals who are traveling to a different, city, county, state, or country.53 A “direct” promotion of the convention and hotel industry has been consistently interpreted by the Texas Attorney General as a program, event, or facility likely to cause increased hotel or convention activity.54 This activity may result from hotel or convention guests that are already in town and choose to attend the hotel tax funded facility or arts or historical event, or it may result from individuals who come from another city or county to stay in an area lodging property at least in part to attend the hotel tax funded event or facility. If the funded event or facility is not reasonably likely to directly enhance tourism and the hotel and convention industry, local hotel occupancy tax revenues cannot legally fund it.55 However, it is important to note that events and facilities that do not qualify for hotel occupancy tax funding are often still legally eligible for city funding from most of the other funding sources available to the city (general property tax revenues, general sales tax revenues, franchise fee revenues, etc.). State law is stricter in terms of how the local hotel occupancy tax revenues can be spent. There is no statutory formula for determining the level of impact an event must have to satisfy the requirement to directly promote tourism and hotel and convention activity.56 However, communities with successful tourism promotion programs generally award the amount of the hotel occupancy tax by the proportionate impact on tourism and hotel activity incident to the funding request. Entities applying for hotel occupancy tax revenue funding should indicate how they will market the event to attract tourists and hotel guests. If an entity does not adequately market its events to tourists and hotel guests, it is difficult to produce an event or facility that will effectively promote tourism and hotel activity. A city or delegated entity should also consider whether a funded event will be held in a venue that will likely attract tourists and hotel guests. For example, if an event is held in a local school or community center, it may be less likely to attract tourists than if it is held at a local performing arts venue, museum or civic center. Each community will need to assess whether the facility hosting the function is likely to attract tourists and hotel guests. Similarly, if an event is a community picnic, local parade, educational class, or other similar type of event, it is often not likely to attract tourists and hotel guests, and would likely not be eligible for hotel occupancy tax funding. 50 §§ 351.101(a), (b). 51 §§ 351.101(b). 52 Id. 53 § 351.001(6). 54 See Op. Tex. Att’y Gen. Nos. GA-0124 (2003), JM-690 (1987). 55 Id. 56 See generally Tex. Tax Code §§ 351.101(a), (b).
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 14 Texas Hotel & Lodging Association, 2011 Finally, it is a good practice to utilize a hotel tax application form. THLA has a sample hotel occupancy tax application form and a “post event” form that are already in use by many city governments throughout Texas. For a copy of these two forms, simply call THLA at (512) 474-2996, or email THLA at news@texaslodging.com. These forms pose questions of funding applicants such as “Do you have a hotel room block for your events?,” and “What do you expect to be the number of room nights sold for this event?” Additionally, the application asks if the entity has negotiated a special hotel price for attendees of their funded event. If the entity does not find the need to reserve a hotel block or negotiate a special hotel rate, it is not likely that they anticipate their event/s will have a meaningful impact on hotel activity. Funded entities can also visit with area hoteliers who, in many cases, can provide feedback on whether any of their hotel guests expressed an interest in attending such events or facilities in the past. Hotel front desk and management staff usually know what local events and facilities were of interest to their guests by notes in their reservation systems, requests for directions, information and transportation to such venues by hotel patrons. After an applicant’s event or program is offered for several years, the applicant should have a reasonable idea as to whether their event or program’s attendance includes a number of tourists and hotel guests. For example, some entities track whether guests are staying at local hotels via their guest registry. Other entities measure potential out-of-town attendance from their ticket sales records or other survey information. It is important to note that Texas law also provides that the hotel occupancy tax may not be used for general revenue purposes or general governmental operations of a municipality.57 It also may not be used to pay for governmental expenses that are not directly related to increasing tourism and hotel and convention activity.58 For example, consider a request to use the hotel occupancy tax to pay for construction of additional lighting, restrooms, roads, sidewalks, or landscaping in a downtown area. These are expenditures for which the city would traditionally use its general revenues. Therefore, such an expenditure would violate the prohibition against using the hotel tax for “general governmental operations of a municipality.”59 It is difficult to argue that such improvements to a non-tourism facility would “directly” promote tourism and hotel activity. At best, one could argue the improvements would “indirectly” enhance tourism and hotel activity—which is not sufficient under the clear language of the Tax Code to qualify for funding from the hotel occupancy tax. 57 Tex. Tax Code § 351.101(b); see also Op. Tex. Att’y Gen. Nos. JM-184 (1984), JM-965(1988). 58 Id. 59 Id.
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 15 Texas Hotel & Lodging Association, 2011 Criteria #2: Every expenditure of the hotel occupancy tax must clearly fit into one of nine statutorily provided categories for expenditure of local hotel occupancy tax revenues.60 The nine categories for expenditure of the hotel occupancy tax are as follows: 1) Funding the establishment, improvement, or maintenance of a convention center or visitor information center. This category allows expenditures of the hotel tax for the creation, improvement, or upkeep of a convention center or a visitor information center.61 The term “convention center” is defined to include civic centers, auditoriums, exhibition halls, and coliseums that are owned by the city or another governmental entity or that are managed in whole or in part by the city.62 It also includes parking areas in the immediate vicinity of a convention center facility, and certain hotels that are owned by the city or another governmental entity, or that are managed in whole or in part by the city.63 It does not include facilities that are not of the same general characteristics as the structures listed above. Texas law specifies that for a facility to be funded as a convention center, it must be a facility primarily used to host conventions and meetings.64 “Primarily used” in this context would arguably mean that more than 50 percent of the bookings for the facility are to host conventions or meetings that directly promote tourism and the hotel and convention industry.65 In other words, holding local resident meetings in a facility would not count toward qualifying the facility as a convention center, but meetings of individuals from out-of-town who in part stay at hotels would qualify. Simply naming a facility a convention center or visitor information center does not automatically qualify the facility as a “convention center.” The authority to use the hotel occupancy tax for facilities is limited and any such facility must meet the above noted “primary usage” test. For example, general civic buildings such as the city hall, local senior citizen centers or activity centers would not qualify as convention centers that could be funded by hotel tax. 2) Paying the administrative costs for facilitating convention registration. This provision allows expenditures for administrative costs that are actually incurred for assisting in the registration of convention delegates or attendees.66 This is generally an expenditure for larger cities that hold large conventions, and includes covering the personnel costs and costs of materials for the registration of convention delegates or attendees. 60 Tex. Tax Code § 351.101(a). 61 § 351.101(a)(1). 62 § 351.001(2). 63 Id. 64 Id. 65 Id.; see generally Tex. Tax Code §§ 351.101(a), (b). 66 Tex. Tax Code § 351.101(a)(2).
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 16 Texas Hotel & Lodging Association, 2011 3) Paying for advertising, solicitations, and promotions that attract tourists and convention delegates to the city or its vicinity. This provision allows expenditures for solicitations or promotional programs/advertising directly related to attracting tourists and convention delegates to the city or its vicinity.67 Such expenditures are traditionally in the form of internet, newspaper, mail, television, or radio ads; or solicitations to promote an event or facility. The advertising or promotion must directly promote the hotel and convention industry.68 For example, the Texas Attorney General ruled that the local hotel occupancy tax may not be used for advertising or other economic development initiatives or improvements to attract new businesses or permanent residents to a city.69 In certain cases, a city may be able to use the advertising and promotion category to justify covering the costs of advertising an event that will attract tourists and hotel guests, even though the administrative or facility costs for the underlying event would not qualify for hotel tax funding.70 4) Expenditures that promote the arts. This section authorizes the expenditure of local hotel occupancy tax for a variety of art-related programs that also promote tourism and local hotel and convention activity.71 Specifically, it allows funding the encouragement, promotion, improvement, and application of the arts including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution and exhibition of these major art forms.72 However, it is not enough that a facility or event promotes the arts; Texas law requires that the arts related expenditure also directly promote tourism and the hotel and convention industry.73 Section 351.101(a) of the Tax Code specifically states that “the municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry.” The Texas Attorney General reaffirmed this standard when it held in Opinion GA-0124: “Under section 351.101 of the Tax Code, a municipality may expend its municipal hotel occupancy tax revenue ’only to promote tourism and the convention and hotel industry,’ and only for the specific uses listed in the statute.” There are many success stories of cities that have partnered with the arts entities to turn one day arts events into multi- day events that can substantially increase tourism and hotel activity. Such partnerships and long term planning can help both foster the arts and grow hotel tax proceeds that can be made available to the arts. Additionally, the amount of funding a city allocates to the arts category may be limited by statute. See the “Special Rules” section of this guide, starting on page 23. 67 § 351.101(a)(3). 68 § 351.101(b). 69 Op. Tex. Att’y Gen. Nos. JM-690 (1987). 70 See generally Tex. Tax Code § 351.101(a)(3). 71 Tex. Tax Code § 351.101(a)(4). 72 Id. 73 § 351.101(b).
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 17 Texas Hotel & Lodging Association, 2011 5) Funding historical restoration or preservation programs. A city may spend a portion of its hotel occupancy tax revenues to enhance historical restoration and preservation projects or activities, or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums that are likely to attract tourists and hotel guests.74 Texas law does not limit such funding to structures that are owned by a public or nonprofit entity, or to whether the project is listed on a historic registry, but the city may choose to impose such limitations. It is not enough that a project or activity event merely be historical in nature; Texas law requires that the historical related expenditure also directly promote tourism and the hotel and convention industry.75 Section 351.101(a) of the Tax Code specifically states that “the municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry.” The Attorney General in Opinion GA-0124 (2003) reaffirmed this standard when it held: “Under section 351.101 of the Tax Code, a municipality may expend its municipal hotel occupancy tax revenue "only to promote tourism and the convention and hotel industry" and only for the specific uses listed in the statute.” Additionally, the amount of funding a city allocates to the historical programs category may be limited by statute. See the “Special Rules” section of this guide, starting on page 23. 6) Funding certain expenses, including promotional expenses, directly related to a sporting event within counties with a population of under 1 million. This section authorizes a municipality located in a county with a population of under 1 million to use local hotel occupancy tax revenue to fund certain expenses, including promotional expenses, directly related to a sporting event.76 To qualify under this authorization, the sporting event must be one that would “substantially increase economic activity at hotels and motels within the city or its vicinity.”77 The statutory authorization also requires that a majority of the participants in the sporting event also be tourists to the area.78 This category is intended to allow communities to fund the event costs for sporting tournaments that result in substantial hotel activity. For example, if a city had to pay an application fee to seek a particular sporting event or tournament, if could use hotel tax for such an expenditure if the sporting event would substantially increase economic activity at hotels and the city was within a county of under one million population. The requirement that a majority of the participants must be “tourists” is included in the statuary authority to prohibit the use of local hotel tax for sporting related facilities or events are purely local (e.g.; local recreation centers, local little league and parks events, intramural sports, etc.). 74 § 351.101(a)(5). 75 § 351.101(b). 76 § 351.101(a)(6). 77 Id. 78 Id.
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 18 Texas Hotel & Lodging Association, 2011 7) Funding the enhancement or upgrading of existing sports facilities or sports fields for certain municipalities. Certain statutorily bracketed cities may use local hotel occupancy tax to enhance and upgrade existing sports facilities owned by the municipality.79 Acceptable sports facilities include those for baseball, softball, soccer, and flag football.80 The municipality must own the sporting facility, and the municipality must meet one of the following population requirements: i. The municipality has a population of 80,000 or more, and is located in a county that has a population of 350,000 or less: Abilene, Amarillo, Beaumont, College Station, Corpus Christi, Killeen, Laredo, League City, Longview, Lubbock, Midland, Odessa, Pearland, San Angelo, Tyler, Waco, and Wichita Falls.81 ii. The municipality has a population of at least 75,000, but not more than 95,000, and is located in a county that has a population of less than 200,000 but more than 160,000: Bryan and College Station.82 iii. The municipality has population of at least 36,000, but not more than 39,000, and is located in a county that has a population of 100,000 or less that is not adjacent to a county with a population of more than two million: Huntsville and Texarkana.83 iv. The municipality has a population of at least 13,000 but not more than 39,000, and is located in a county that has a population of at least 200,000: Addison, Alamo, Alvin, Angleton, Balch Springs, Bellaire, Benbrook, Burleson, Colleyville, Converse, Coppell, Copperas Cove, Corinth, Deer Park, Dickinson, Donna, Duncanville, Farmers Branch, Friendswood, Groves, Hewitt, Highland Village, Horizon City, Harker Heights, Humble, Hurst, Hutto, Katy, La Marque, La Porte, Lake Jackson, Lancaster, Leander, Little Elm, Live Oak, Mercedes, Murphy, Nederland, Port Neches, Portland, Rio Grande City, Rosenberg, Sachse, Saginaw, San Benito, San Juan, Schertz, Seagoville, Socorro, South Houston, Southlake, Stafford, Taylor, The Colony, Universal City, University Park, Watauga, Weslaco, West University Place, and White Settlement.84 v. The municipality has a population of at least 70,000, but not more than 90,000, and no part of the city is located in a county with a population greater than 150,000: Longview.85 vi. The municipality is located in a county that is adjacent to the Texas-Mexico border, has a population of at least 500,000 and the county does not have a municipality with a population greater than 500,000: Cities in Hidalgo County including, but not limited to McAllen, Edinburg, Mission, and Pharr.86 vii. The municipality has a population of at least 25,000 but not more than 26,000, and is located in a county that has a population of 90,000 or less: Greenville and Paris.87 [Note that statutory population brackets are based on the decennial U.S. Census, most recently conducted in 2010.88 ] 79 § 351.101(a)(7). 80 Id. 81 § 351.101(a)(7)(B)(i). 82 § 351.101(a)(7)(B)(ii). 83 § 351.101(a)(7)(B)(iii). 84 § 351.101(a)(7)(B)(iv). 85 § 351.101(a)(7)(B)(v). 86 § 351.101(a)(7)(B)(vi). 87 § 351.101(a)(7)(B)(vii). 88 Tex. Gov’t Code Ann. § 311.005(3) (Vernon 2011).
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 19 Texas Hotel & Lodging Association, 2011 Texas law further requires that before local hotel tax to be used for this purpose, the sports facilities and fields must have been used a combined total of more than 10 times for district, state, regional, or national sports tournaments in the preceding calendar year.89 If hotel tax revenues are spent on enhancing or upgrading a sports facility, the municipality must also determine the amount of “area hotel revenue” generated by hotel activity from sports events held at the hotel tax funded facility for five years after the upgrades to the sport facility are completed.90 The area hotel revenues that were generated from sports events at the hotel tax funded facility over that five year period must at least equal the amount of hotel tax that was spent to upgrade the sports facility.91 If the amount of hotel tax that was spent on the facility upgrades exceeds hotel revenue attributable to events held at that facility over that five year period, the municipality must reimburse the hotel occupancy tax revenue fund any such difference from the municipality’s general fund.92 For example, if a city spent $400,000 on improvements to its soccer fields, it would have to show at least $400,000 in area hotel revenue directly attributable to events held at that soccer field over the five year period after the soccer field improvements were completed. If the city could only show $300,000 in hotel industry revenue due to events held at that soccer field, the city would have to reimburse the city hotel tax with the $100,000 difference from the city’s general fund. 8) Funding transportation systems for tourists Often with conventions and large meetings, there is a need to transport the attendees to different tourism venues. In 2007, the Texas Legislature authorized the use of city hotel tax for any sized city to cover the costs for transporting tourists from hotels to and near the city to any of the following destinations:  the commercial center of the city;  a convention center in the city;  other hotels in or near the city; and  tourist attractions in or near the city.93 The reimbursed transportation system must be owned and operated by the city, or privately owned and operated but financed in part by the city.94 For example, this authority could be used to cover the costs of a city to finance certain private shuttles to operate between the convention center and area hotels and attractions for a large city-wide convention. The law specifically prohibits the use of the local hotel tax to cover the costs for a transportation system that serves the general public.95 89 Tex. Tax Code §§ 351.101(a)(7), 351.1076. 90 Id. 91 Id. 92 Id. 93 § 351.110(a). 94 § 351.110(b). 95 § 351.110(c).
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 20 Texas Hotel & Lodging Association, 2011 9) Signage directing tourists to sights and attractions that are visited frequently by hotel guests in the municipality. In 2009, the Texas Legislature added a statutory category that allows cities to use municipal hotel occupancy tax revenue to pay for signage directing tourists to sights and attractions frequently visited by hotel guests in the municipality.96 Arguably, this type of expenditure was permissible as “advertising and promotion” prior to this 2009 legislation. However, the Legislature codified this understanding to officially include signage directing tourists to sights and attractions that are frequently visited by hotel guests.97 Summary of the Nine Uses for the Local Hotel Occupancy Tax In summary, local hotel occupancy tax revenues only may be spent to establish or enhance a convention center or visitor information center, cover the administrative expenses for registering convention delegates, pay for tourism-related advertising and promotions, fund arts programs or facilities that will directly promote tourism and hotel and convention activity, fund historic restoration or preservation projects that will enhance tourism and hotel and convention activity, in certain counties and cities noted above fund certain costs for holding sporting events and making upgrades to sporting facilities that substantially increase local hotel activity, certain transportation costs for taking tourists from hotels to various locations, and pay for signage directing tourists to sights and attractions frequently visited by hotel guests. If the city cannot fit an expenditure within one of these nine categories, hotel occupancy tax revenues cannot be used for that purpose, unless a special state statute was passed to allow such additional uses. This article includes a summary of special provisions and limitations placed on cities that fall into certain population brackets or special geographic areas of the state. With regard to the use of local hotel occupancy taxes, there is no time limit for a city to expend all of its hotel occupancy tax funds. At a minimum, however, state law does require that for cities with a seven percent local hotel tax rate, at least one-seventh of the hotel tax proceeds must be spent advertising and promoting the city to directly impact tourism and the hotel and convention industry.98 It should also be noted that state law requires that interest earned on hotel tax must be spent in the same way as other hotel tax revenues.99 State law does not address revenues that are earned from events funded by the local hotel occupancy tax. 96 § 351.101(a)(9). 97 Id. 98 §§ 351.103, 351.1035, 351.104(d), 351.105(b), and 351.106(a). 99 §§ 351.001(9), (10).
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 21 Texas Hotel & Lodging Association, 2011 Administering Hotel Occupancy Tax Revenue Expenditures Duty of funded entities to provide a list of activities. All entities (including the city itself) that are directly or indirectly funded by the local hotel occupancy tax are annually required to provide a list of the scheduled activities, programs, or events that will directly enhance and promote tourism and the convention and hotel industry.100 This list is to be provided annually to the city secretary or his/her designee prior to the expenditure of the hotel occupancy tax funding by the funded entity.101 An entity may add items to this list at any time, and each city decides the format for providing this information. This documentation requirement does not apply if the entity already provides written information to the city indicating which scheduled activities or events that it offers that directly enhance and promote tourism and the convention and hotel industry. For example, cities that require quarterly or annual reports on the use of hotel tax by hotel tax funded entities would satisfy this requirement if their report addresses the extent to which their events directly promote tourism and hotel activity.102 It is important to remember that if an entity does not have any such events or programs reasonably expected to directly promote tourism and the hotel and convention industry, it is not eligible for local hotel occupancy tax funding.103 If only a portion of an entity’s programs fit this criteria, then only a proportionate amount of that entity’s costs should be covered by the local hotel occupancy tax.104 Delegating management of funded activities. The governing body of a city may delegate the management or supervision of programs funded by the hotel occupancy tax by written contract.105 This delegation may be made to a person, another governmental entity, or to a private organization.106 This delegation is often made to a local arts council, a chamber of commerce, or to the convention and visitors bureau. The municipality shall approve the entity’s annual budget prior to delegating the management or supervision of hotel tax funded programs.107 Furthermore, the municipality shall require the delegated entity to make periodic reports, at least quarterly, listing the hotel occupancy tax expenditures made by the delegated entity.108 Additionally, the Code requires that the contracted entity maintain complete and accurate financial records for every expenditure of hotel occupancy tax revenue, and upon the request of the municipality or another person, make the records available for inspection and review.109 An entity with delegated authority to manage hotel tax funded programs undertakes a fiduciary duty with respect to the use of the tax revenue.110 Such entities are also required to maintain the city hotel occupancy tax revenue in a separate bank account that may not be commingled with any other account 100 § 351.108(b). 101 Id.; § 351.108(d). 102 § 351.108(g). 103 § 351.101(b). 104 § 351.101(e). 105 § 351.101(c). 106 Id. 107 Id. 108 Id. 109 § 351.101(d). 110 § 351.101(c).
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 22 Texas Hotel & Lodging Association, 2011 or funds.111 The Tax Code does not contain similar prohibitions against commingling the funds for individual organizations, such as an arts or historical group that receives hotel tax funding for their individual program, but do not themselves oversee hotel tax funding to other entities. Use of hotel occupancy tax revenues to cover administrative expenses. Texas law allows proceeds of the municipal hotel occupancy tax to be used to cover the portion of administrative costs that are directly attributable to work on activities that may be funded by the tax.112 For example, entities that manage activities funded by the hotel occupancy tax may spend some of the tax for certain day-to-day operational expenses.113 These expenses may include supplies, salaries, office rental, travel expenses, and other administrative costs.114 However, these costs may be reimbursed only if the expenses are incurred in the promotion and servicing of expenditures authorized under the hotel occupancy tax laws.115 The portion of the administrative costs that are covered should not exceed the percentage of the cost that is attributable to the activity funded by the hotel occupancy tax.116 For example, administrators who spend 33 percent of their time overseeing hotel occupancy tax funded programs should seek funding for no more than 33 percent of their salary or 33 percent of other related overhead costs. Additionally, hotel occupancy tax revenues may be spent on travel that is directly related to the performance of the person’s job in an efficient and professional manner.117 This travel should facilitate the acquisition of skills and knowledge that will promote tourism and the convention and hotel industry.118 111 Id. 112 § 351.101(e). 113 Id. 114 Id. 115 Id. 116 Id. 117 § 351.101(f). 118 Id.
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 23 Texas Hotel & Lodging Association, 2011 Special Rules for Selected Municipalities The Texas Tax Code provides additional rules for certain Texas cities based on the city’s population bracket. Where noted, these special rules supplement or further restrict the general two-part test for hotel occupancy tax revenue expenditures, discussed earlier in this guide. For statutory construction purposes, population brackets are based on the decennial federal census, most recently conducted in 2010.119 Cities with a population of 200,000 or greater (except Houston): Arlington, Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Garland, Irving, Laredo, Lubbock, Plano, and San Antonio. In addition to the general two part test for all expenditures of the hotel occupancy tax revenue, the above cities have certain specific expenditure limitations that apply to their handling of the local hotel occupancy tax. Minimum expenditure that must be spent on advertising and promotion: A city with a population of 200,000 or greater is required to spend at least 50 percent of the hotel occupancy tax collected by the city on advertising and conducting solicitations and promotional programs to attract tourists to the city or its vicinity.120 However, if the city collects more than $2 million in hotel tax revenues annually, this 50 percent minimum expenditure requirement does not apply.121 15 Percent maximum expenditure for the arts and 15 percent maximum expenditure for historical restoration and preservation: Under § 351.103(c), a city with a population of at least 200,000 may not expend more than the greater of either 15 percent of the hotel occupancy tax revenue collected or the amount of tax received by the city at the rate of 1 percent of the cost of a room on promotion of the arts.122 Also, a city with a population of more than 125,000 may not spend more than 15 percent of its hotel occupancy tax revenue on historical restoration and preservation programs.123 Special rules for the City of Houston. Maximum hotel occupancy tax rate for Houston: Houston is capped by statute at a total combined hotel occupancy tax rate of 17 percent.124 This includes the state, city, county, and sports authority hotel occupancy taxes.125 119 Tex. Gov’t Code § 311.005(3). 120 Tex. Tax Code § 351.103(a). 121 § 351.103(b). 122 § 351.103(c). 123 § 351.103(c). 124 Tex. Tax Code §§ 352.003, 351.003(a); Tex. Local Gov’t Code Ann. § 382.155 (Vernon 2011). 125 Id.
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 24 Texas Hotel & Lodging Association, 2011 Minimum 23 percent expenditure for advertising and promotion: The City of Houston must spend at least 23 percent of the tax revenue it collects on advertising and promotion, unless the allocation impairs the City’s ability to operate and maintain its convention center facilities or to pledge revenue for the payment of convention center bonds.126 Maximum 19.3 percent expenditure for arts: The City of Houston may not expend more than the greater of 19.3 percent of the hotel occupancy tax revenue collected or the amount of tax received by the city at the rate of 1 percent of the cost of a room on promotion of the arts.127 Additional rules for “eligible central municipalities:” Austin, Arlington, Corpus Christi, Dallas, Fort Worth, Garland, Grand Prairie, Irving, and San Antonio. Austin, Arlington, Corpus Christi, Dallas, Fort Worth, Garland, Grand Prairie, Irving, and San Antonio fall under the statutory definition of an “eligible central municipality.”128 An “eligible central municipality” is defined as a municipality with a population of more than 140,000 but less than 1.5 million that is located in a county with a population of one million or more, and that has adopted a capital improvement plan for the expansion of an existing convention center facility; or a municipality with a population of 250,000 or more that is located wholly or partly on a barrier island in the Gulf of Mexico, is located in a county with a population of 300,000 or more; and has adopted a capital improvement plan to expand an existing convention center facility.”129 Ability to pledge revenue for a convention center hotel or a historic hotel: Eligible central municipalities may pledge hotel occupancy tax revenue for a convention center hotel, a historic hotel, convention center entertainment related facilities, restaurants, or certain civic projects.130 However, only the revenue collected from that particular project for a period of up to ten years may be pledged.131 Eligible central municipalities are also permitted to pledge the sales tax from such a project to repay the costs for up to ten years.132 Dallas only: 55% maximum on convention center and 45% minimum on advertising. Dallas falls into an additional category, “Populous Municipalities with Council-Manager Government,” which requires it to use the revenue derived from the portion of the municipal hotel occupancy tax rate that exceeds 4 percent for the following purposes: 1) no more than 55 percent for the municipality’s convention center complex; and 2) at least 45 percent for advertising and promotion.133 The other noted rules for expenditure of the hotel occupancy tax for cities with a population in excess of 200,000 applies to the first four percent portion of the rate.134 126 Tex. Tax Code § 351.103(b). 127 § 351.103(c). 128 § 351.001(7). 129 Id. 130 §§ 351.102, 151.429(h). 131 Id. 132 Id. 133 § 351.106. 134 §§ 351.106, 351.103.
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 25 Texas Hotel & Lodging Association, 2011 Additional 2 percent rate for a convention center facility (Austin, Fort Worth, and San Antonio): Austin, Fort Worth, and San Antonio are authorized to implement up to a 9 percent maximum municipal hotel occupancy tax rate.135 The revenue derived from application of the tax at a rate more than 7 percent, and its interest income, may only be used for the construction in an expansion of an existing convention center facility.136 This nine percent maximum rate does not apply to Dallas, or to eligible central municipalities with a population of less than 440,000: Arlington, Corpus Christi, Garland, Grand Prairie, and Irving.137 Cities with populations between 125,000 and 200,000: Amarillo, Brownsville, Grand Prairie, Killeen, McAllen, McKinney, Mesquite, and Pasadena. Minimum expenditure on advertising and promotion: Cities with populations between 125,000 and 200,000 must spend a minimum amount of hotel occupancy tax revenue on advertising and promotion, and that minimum depends on the hotel occupancy tax rate adopted by the city.138 If the city adopts a tax rate of not more than 3 percent, at least one-half of 1 percent of the rate must be spent on advertising and promotion of the city and its vicinity.139 If the city adopted a rate that exceeds 3 percent, at least 1 percent of the rate must be spent on advertising and promotion of the city and its vicinity.140 For example, if a city has a 7 percent hotel occupancy tax rate, at least 1/7 of the hotel occupancy tax proceeds must be spent on advertising and promoting the city and its vicinity to attract tourists and hotel and convention activity. An exception to the minimum threshold for advertising and promotion expenditures is provided if the city receives in excess of $2 million in hotel tax revenues annually, in which case, the city should allocate its revenue by ordinance.141 15 Percent maximum expenditure for the arts and 15 percent maximum expenditure for historical restoration and preservation: Under § 351.103(c), a city with a population between 125,000 and 200,000 may not expend more than the greater of either 15 percent of the hotel occupancy tax revenue collected, or the amount of tax received by the city at the rate of 1 percent of the cost of a room, on promotion of the arts.142 Additionally, a city with a population of more than 125,000 may not spend more than 15 percent of its hotel occupancy tax revenue on historical restoration and preservation programs.143 Cities with populations of less than 125,000. Minimum expenditure on advertising and promotion: Cities with populations of less than 125,000 must spend a minimum amount of hotel occupancy tax revenue on advertising and promotion, and that minimum depends on the hotel occupancy tax rate 135 § 351.003(b). 136 §§ 351.1065, 351.003(b). 137 § 351.003(b). 138 § 351.103. 139 Id. 140 Id. 141 Id. 142 § 351.103(c). 143 Id.
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 26 Texas Hotel & Lodging Association, 2011 adopted by the city.144 If the city adopts a tax rate of not more than 3 percent, at least one-half of 1 percent of the rate must be spent on advertising and promotion of the city and its vicinity.145 If the city adopted a rate that exceeds 3 percent, at least 1 percent of the rate must be spent on advertising and promotion of the city and its vicinity.146 For example, if a city has a 7 percent hotel occupancy tax rate, at least 1/7 of the hotel occupancy tax proceeds must be spent on advertising and promoting the city and its vicinity to attract tourists and hotel and convention activity. An exception to the minimum threshold for advertising and promotion expenditures is provided if the city receives in excess of $2 million in hotel tax revenues annually, in which case, the city should allocate its revenue by ordinance.147 15 percent maximum expenditure for the arts and 50 percent maximum expenditure for historical restoration and preservation: Under § 351.103(c), a city with a population of under 125,000 may not expend more than the greater of either 15 percent of the hotel occupancy tax revenue collected or the amount of tax received by the city at the rate of 1 percent of the cost of a room on promotion of the arts.148 Additionally if a city with a population of under 125,000 does not allocate any hotel tax money for a convention center, the Tax Code prohibits the city from allocating more than 50 percent of its hotel occupancy tax for historical restoration or preservation projects.149 Additional rules for certain large coastal municipalities: Corpus Christi. Public beach expenditures: The City of Corpus Christi is authorized to use all or any portion of the city hotel occupancy tax collected from hotels that are within areas that were annexed by the City of Corpus Christi and were previously subject to the county hotel occupancy tax toward cleaning and maintaining public beaches.150 Expenditures from the portion of municipal hotel tax rate exceeding 7 percent: The City of Corpus Christi must separately account for all hotel occupancy tax revenue it derives from a city hotel occupancy tax rate that exceeds 7 percent (up to a maximum of 9 percent).151 The city may use revenue from the portion of the city hotel occupancy tax rate that exceeds 7 percent for acquiring land for a municipally owned convention center; constructing, improving, operating and maintaining the convention center; and paying bonds to finance these activities.152 Special rules for medium sized “eligible coastal municipalities:” Galveston. A different set of revenue expenditure rules apply for eligible coastal municipalities, defined as a “home- rule municipality that borders the Gulf of Mexico and has a population of less than 80,000.”153 The City 144 § 351.103. 145 Id. 146 Id. 147 Id. 148 Id. 149 Id. 150 § 351.1055. 151 §§ 351.1055, 351.003(c), 351.107(e). 152 Id. 153 § 351.001(3).
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 27 Texas Hotel & Lodging Association, 2011 of Galveston fits this bracket’s description. The Tax Code limits the allocation of local hotel occupancy tax revenue for eligible coastal municipalities in the following ways:  Minimum expenditure for improvements to civic centers, hotels, marinas, golf courses, trolleys, and other improvements that attract tourists: If the city levies a rate of 7 percent, at least 1 percent of the cost of a room shall be used for the payment of bonds issued to establish, acquire, purchase, construct, or improve public improvements that serve the purpose of attracting visitors and tourists, such as parks, civic centers, auditoriums, coliseums, marinas, cruise ship terminals, hotels, motels, parking facilities, golf courses, trolleys or trolley transportation systems.154 This 1 percent may also be used for maintenance, improvement, or operation of any of the above facilities.155 For eligible coastal cities with a 7 percent rate, this requirement mandates dedicating 1/7 of the hotel occupancy tax revenue for items within the above noted purposes.156  Minimum expenditure for matching funds for beach clean-up: If the city levies a rate of 6 percent or more, at least 1 percent of the cost of a room shall be used as matching funds for state funds and other funds available to clean and maintain public beaches.157 For example, if the city levied a 7 percent local hotel occupancy tax, at least 1/7 of the hotel occupancy tax must be spent on beach clean-up. However, a city may credit any funds it receives from the state hotel occupancy tax for beach clean-up toward meeting this obligation.  Minimum 1 percent expenditure for other beach related expenditures: If the city levies a rate of 5 percent or more, at least 1 percent of the cost of a room shall be used for beach patrol, lifeguard services, marine water safety, and park law enforcement.158 For example, if the city levied a 7 percent local hotel occupancy tax, at least 1/7 of the hotel occupancy tax must be spent on the above noted beach related expenditures. However, a city may credit any funds it receives from the state hotel occupancy tax for beach related expenditures toward meeting this obligation.159  Minimum 3 percent expenditure for advertising and promotion: If the city levies a rate of 4 percent or more, at least 3 percent of the cost of a room shall be used for advertising and promotion.160 For example, if the city levied a 7 percent local hotel occupancy tax, at least 3/7 of the hotel occupancy tax must be spent on advertising and promotion. Special state funding for beach clean-up: Galveston. In 1995, the Texas Legislature passed a special statute that dedicates the revenue generated from the state hotel tax at a rate of two percent (one third of the state hotel occupancy tax) from Galveston 154 § 351.105. 155 Id. 156 Id. 157 Id. 158 Id. 159 Id. 160 Id.
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 28 Texas Hotel & Lodging Association, 2011 lodging operators to beach clean-up. 161 For example, if the 6 percent state hotel tax generates $300 in state hotel tax proceeds, $100 is given back to the City of Galveston to use for clean-up of beaches within the City of Galveston. The implementing legislation that authorizes this funding only applies to an “eligible coastal municipality” that has created a park board of trustees to clean and maintain public beaches. 162 An eligible coastal municipality is defined under state law to be a city that, 1. Borders on the Gulf of Mexico; and 2. Has a population of less than 80,000.163 A city is eligible to adopt a park board of trustees for beach clean-up only if it, 1. Is a home rule city; 2. Has over 40,000 in population; 3. Is under 80,000 in population; and 4. Borders the Gulf of Mexico. 164 According to the Texas Comptroller's Office, the only Texas city that fits both the definition of an "eligible coastal municipality" and the definition of a city that may adopt a park board of trustees for beach clean-up is Galveston.165 Accordingly, Galveston receives one-third of the state hotel occupancy taxes collected from Galveston area hoteliers for beach clean-up purposes through a rebate from the Texas Comptroller. Special state funding for beach clean-up: Port Aransas and South Padre Island. Originally enacted in 1999 and amended in 2009, the Texas Legislature passed a special statute, similar to the authority relating to Galveston, dedicating 1% of the state hotel occupancy tax generated from certain eligible barrier island coastal municipalities to beach clean-up.166 For example, if the 6 percent state hotel tax generates $600 in state hotel tax proceeds, $100 is given back to the eligible city for beach clean-up or beach erosion response projects. The implementing legislation for this funding applies only to an eligible barrier island coastal municipality.167 According to the Texas Comptroller's Office, the two Texas cities that fit this definition are South Padre Island and Port Aransas.168 Accordingly, the state provides a rebate to the Cities of South Padre Island and Port Aransas of 1/6 of the state hotel occupancy collected by the State from lodging operators in the respective cities. This rebated amount can be used by each city only for beach clean-up and beach erosion response projects. Municipal hotel occupancy tax funding for coastal erosion: South Padre Island. In 2009, the Texas Legislature amended Chapter 351 of the Tax Code to allow the City of South Padre 161 § 156.2511. 162 Id. 163 § 351.001(3). 164 Tex. Loc. Gov’t Code Ch. 306. 165 Tex. Comptroller Opinion Letter No. 200007471L, July 6, 2000. 166 Tax Code § 156.2512. 167 Id. 168 Tex. Comptroller Opinion Letter No. 200007471L, July 6, 2000.
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 29 Texas Hotel & Lodging Association, 2011 Island to increase its hotel occupancy tax rate to 8 ½ percent.169 The law dedicates 7 percent of the 8 ½ percent rate to advertising and promotion or convention center related purposes.170 One percent can be used for any purpose authorized under Tax Code § 351.101. This legislation dedicates the remaining ½ percent of municipal hotel occupancy tax to coastal erosion projects.171 Special rules for medium sized home rule coastal cities with a population of less than 80,000 and that border bays: Ingleside, Portland, Aransas Pass, La Porte, Seabrook, Port Aransas, Port Lavaca, Rockport, Baytown, Texas City, and Palacios. Home-rule cities that have a population of less than 80,000 and border bays may use up to 10 percent of the revenue derived from the local hotel occupancy tax for certain special beach related purposes and for tourism related public improvements.172 Specifically, such cities can use up to 10 percent of the local hotel occupancy tax to clean and maintain publicly owned land that is adjacent to a bay, to mitigate coastal erosion, or to pay for the operation or debt for certain tourism related public improvements, as defined under Tax Code §§ 351.105(a)(1) or 351.105(a)(2). This authority does not apply to eligible coastal municipalities such as Galveston.173 If the city uses any of the local hotel occupancy tax for beach maintenance under this authority, it may not reduce the amount of revenue that the city uses for tourism advertising and promotion.174 In particular, the city’s advertising and promotion budget may not be set at an amount that is less than the average amount of revenue used by the city for advertising and promoting during the 36-month period that preceded the city's use of city hotel tax for beach maintenance or tourism related public improvements.175 Additionally, the amount that is spent from the hotel occupancy tax for beach maintenance or tourism related public improvements (e.g.; a convention center facility) must be matched by the city with the same amount of revenue from a non-hotel occupancy tax source (e.g.; property tax or sales tax or other general fund dollars).176 Special rules for small coastal municipalities with a population of less than 5,000, adjacent to a home-rule city with a population of less than 80,000: Jamaica Beach. Coastal cities with a population of less than 5,000 adjacent to a home-rule city with a population of less than 80,000 may use all or any portion of the municipal hotel tax revenue it collects to clean or maintain beaches within the city, to provide beach security (defined as beach patrol, lifeguard services, marine water safety and park law enforcement) within the municipality, and to pay for any purpose allowed by Tex. Tax Code § 351.105 or Tex. Gov’t Code § 1504.001.177 The maximum municipal hotel occupancy rate for cities in this bracket is 9 percent.178 169 Tax Code §§ 351.001(11), 351.003(d). 170 § 351.1055(d). 171 § 351.1055(e). 172 § 351.104. 173 Id. 174 Id. 175 Id. 176 Id. 177 § 351.1055(c). 178 § 351.003(c).
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 30 Texas Hotel & Lodging Association, 2011 Special rules for the city of Alpine. Minimum expenditure on advertising and promotion: The City of Alpine must spend at least 50 percent of its hotel occupancy tax revenue on advertising and promotion to attract tourists and convention delegates or registrants to the city or its vicinity.179 Maximum expenditure for arts: Alpine's maximum percentage for the promotion of the arts is 15 percent of its hotel occupancy tax revenues.180 Maximum expenditure for historical restoration and promotion projects: Alpine's maximum percentage for historical restoration and promotion of historical projects is 15 percent of its hotel occupancy tax revenues.181 Additional Information If a city or funded entity has additional questions about the administration or use of the hotel occupancy tax, it is welcome to contact the Texas Hotel & Lodging Association for assistance by phone at (512) 474- 2996. THLA has sample documents available to assist in administering hotel taxes, such as funding grant application forms, post event forms, and tax collection guidelines. Texas city officials can also make inquiries to the legal staff of the Texas Municipal League at (512) 231- 7400. Finally, all entities may make inquiries to the Municipal Affairs Section of the Office of the Attorney General of Texas (OAG). The OAG’s Municipal Affairs Division can be reached by phone at (512) 475-4683. 179 § 351.1035. 180 Id. 181 Id.
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 31 Texas Hotel & Lodging Association, 2011 Index Abilene, 18 Addison, 18 Administrative costs, 15, 22 Advertising, solicitations, and promotions that attract tourists and convention delegates to the city, 16 Agricultural Development Corporations, 8 Alamo, 18 Alpine, 30 Alvin, 18 Amarillo, 18, 25 Angleton, 18 Application form, 14 Aransas Pass, 29 Arlington, 23, 24, 25 Arts expenditures, 16 Attorney General. See Texas Attorney General's Office Audits, 11 Austin, 11, 23 Authorized Entities and Procedures, 3 Balch Springs, 18 Barrier island communities, 24, 28 Baytown, 29 Beaches, 26, 27, 28, 29 Beaumont, 18 Bellaire, 18 Benbrook, 18 Brownsville, 18, 25 Burleson, 18 Buying a hotel, 12 Cancellation fees, 4 Charitable Organization, 8 City and County Employees, 6, 8 Coastal municipalities, 26, 27, 28, 29 Collection schedule, 10 College Station, 18 Colleyville, 18 Comptroller. See Texas Comptroller Contracts, 21 Convention center, 15, 19, 20, 24, 25, 26 Convention Center funding, 15 Convention registration, 15 Converse, 18 Coppell, 18 Copperas Cove, 18 Corinth, 18 Corpus Christi, 18, 23, 24, 25, 26 Dallas, 23, 24, 25 Deer Park, 18 Del Rio, 18 Delegating the Management of Funded Activities, 21 Dickinson, 18 Donna, 18 Dormitories, 4 Duncanville, 18 Edinburg, 18 Educational, Charitable, and Religious entities, 9 El Paso, 23 Eligible Central Municipalities, 24 Eligible Coastal Municipalities, 28 Enforcement Authority of a City, 11 Exemptions from the Tax, 5, 8, 9 Extraterritorial Jurisdiction (ETJ), 3 Farmers Branch, 18 Federal Employees, 5, 8 Fiduciary duty, 21 Food and beverages, 4 Foreign Diplomats, 8 Fort Worth, 23, 24, 25 Friendswood, 18 Galveston, 26, 27, 28, 29 Garland, 23 Grand Prairie, 25 Greenville, 18 Groves, 18 Harker Heights, 18 Health Facilities Development Corporations, 9 Hewitt, 18 Highland Village, 18 Historical restoration and preservation, 17, 23, 25, 26 Horizon City, 18 Hospitals, 4 Houston, 3, 23 How the City Receives the Tax, 10 Humble, 18 Hurst, 18 Hutto, 18 Ingleside, 29 Irving, 23 Jamaica Beach, 29 Katy, 18 Killeen, 18, 25 La Marque, 18 La Porte, 18, 29 Lake Jackson, 18 Lancaster, 18 Laredo, 18, 23 League City, 18 Leander, 18 Letter of No Tax Due, 12 Letter of tax exemption, 6, 7, 8, 9 List of activities, 21 Little Elm, 18 Live Oak, 18 Longview, 18 Lubbock, 18, 23 Lufkin, 18 McAllen, 18, 25 McKinney, 25 Meeting rooms, 4 Mercedes, 18 Mesquite, 25 Midland, 18 Mission, 18 Murphy, 18
    • What Cities Need to Know to Administer Municipal Hotel Occupancy Taxes 32 Texas Hotel & Lodging Association, 2011 Nederland, 18 Nursing homes, 4 Odessa, 18 Open Records, 11 Package rates, 4 Palacios, 29 Paris, 18 Pasadena, 25 Pearland, 18 Penalties for Failure to Report or Collect the Tax, 10 Permanent resident exemption, 5 Permanent Residents, 9 Pharr, 18 Plano, 23 Port Aransas, 29 Port Lavaca, 29 Port Neches, 18 Portland, 18, 29 Post event form, 14, 30 Reimbursement of Hotel for Collection Expenses, 10 Religious entities, 5, 6, 7 Reporting, 21 Rio Grande City, 18 Rockport, 29 Rosenberg, 18 Round Rock, 18 Sachse, 18 Saginaw, 18 Sales tax, 7, 24, 29 San Angelo, 18 San Antonio, 3, 23, 24, 25 San Benito, 18 San Juan, 18 Sanitariums, 4 Schertz, 18 Seabrook, 29 Seagoville, 18 Separately stated, 4 Seven percent local hotel tax rate, 20 Signage, 20 Simplified, Basic Hotel Occupancy Tax Exemption Rules, 8 Sleeping rooms, 4 Socorro, 18 South Houston, 18 South Padre Island, 28 Southlake, 18 Sporting events, 17 Sports facilities or sports fields, 18, 19 Stafford, 18 State Employees, 6, 9 State officials, 5 Tax Exemption Certificate, 5 Taylor, 18 Texas Attorney General XE "Attorney General" t "See Texas Attorney General's Office" 's Office, 16 Texas Attorney General's Office, 6 Texas Attorney General's Office, 17 Texas City, 29 Texas Comptroller's Office, 3, 5, 10, 11, 28 Texas Educational Organizations, 8 The Colony, 18 Transportation systems for tourists, 19 Tyler, 18 Universal City, 18 University Park, 18 Use of Local Hotel Occupancy Tax Revenues Criteria #2, 15, 20 Visitor Information Center funding, 15 Waco, 18 Watauga, 18 Weslaco, 18 West University Place, 18 White Settlement, 18 Wichita Falls, 18
    • City of San Angelo Finance Department Memo Date: July 24, 2013 To: Mayor and Councilmembers From: Laura Brooks, Budget Analyst, Sr. Subject: Agenda Item for August 6, 2013 Council Meeting Contact: Laura Brooks, Budget Analyst, Sr., 653-6291 Caption: Regular (1st reading) Consent (2nd reading) First public hearing and introduction of an Ordinance amending the 2012-2013 Budget for new projects, incomplete projects, capital projects and grants. Summary: This proposed amendment contains the following items (additional information attached): • Building Maintenance • Nature Center Programs • Gang Initiative Grant • South TIRZ Streetscape • Property Insurance Claim • Airport Layout Plan • Cemetery Perpetual Care • River Fest History: See attached Budget Amendment Request memorandum. Financial Impact: $497,388 (see attached detail on Exhibit A of the Ordinance) Related Vision Item (if applicable): N/A Other Information/Recommendation: Staff recommends approval. Attachments: Ordinance including Exhibit A; Department request memos Presentation: N/A Publication: N/A Reviewed by Director: Tina Bunnell, Finance Director
    • 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. WHEREAS the City of San Angelo has determined that new projects not included in the current budget should begin, and WHEREAS the City of San Angelo has determined that certain budgeted amounts should be amended due to project changes and unforeseen circumstances, and WHEREAS the resources necessary for these changes are available; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City’s budget for fiscal year 2012-2013 be amended by the amounts contained in Exhibit A. INTRODUCED on the 6th day of August, 2013, and APPROVED and ADOPTED on this the 20th day of August, 2013. CITY OF SAN ANGELO, TEXAS __________________________________ Dwain Morrison, Mayor ATTEST: __________________________________ Alicia Ramirez, City Clerk Approved as to Content and Form: __________________________________ Tina Bunnell, Finance Director
    • City of San Angelo Proposed Budget Amendment Exhibit A Fund Description Total Revenue Amendment Total Expense Amendment Net Benefit/(Cost) COSA Operating Budget 101 General Fund 13,365 9,365 4,000 103 Intergovernmental Fund 21,719 21,719 0 106 TIRZ Fund 25,000 25,000 0 320 Property Casualty Fund 245,000 255,000 (10,000) 440 Fairmount Cemetery 12,000 11,500 500 529 PFC Fund 72,402 72,402 0 531 Airport Capital Projects 72,402 72,402 0 601 Designated Revenue 30,000 30,000 0 Totals 491,888 497,388 (5,500)
    • City of San Angelo Proposed Budget Amendment Additional Information Project/Need Source of Funding Revenue Expense Net Benefit/ (Cost) Building Maintenance San Angelo Symphony Reimbursement 2,365 2,365 0 Nature Center Programs Program/Retail Income 11,000 7,000 4,000 Gang Initiative Grant Office of the Governor Criminal Justice Gang Initiative Grant 21,719 21,719 0 South TIRZ Streetscape Downtown San Angelo, Inc., AEP Grant 25,000 25,000 0 Property Insurance Claim (Pianos) Property/Casualty Fund –Fund Balance & TML Insurance Policy 245,000 255,000 (10,000) Airport Layout Plan Passenger Facility Charges 144,804 144,804 0 Cemetery Perpetual Care Perpetual Care Trust 12,000 11,500 500 River Fest Donations, Concessions & Novelty Sales 30,000 30,000 0 Totals 491,888 497,388 (5,500)
    • City of San Angelo Memo Date: February 2, 2012 To: Mayor and Councilmembers From: Alicia Ramirez, City Clerk Subject: Agenda Item for August 6, 2013 Council Meeting Contact: Alicia Ramirez, City Clerk Al Torres, Building Official, 657-4420 Daniel Valenzuela, City Manager, 657-4241 Caption: Regular Item Consideration of nominating and approving various At-Large members to serve on the following boards/commissions by City Council members: a. Construction Board b. Downtown Development Commission Summary: The following member’s term will expire or has expired. The ‘at-large’ appointments are listed below and note the specific membership requirement as outlined in the ordinance, if necessary. Applications for the current members are provided. 1) Construction Board of Appeals This board contains 9 appointees and the two additional memberships shall be approved as “at large” by the entire Council. • Marty Self (Residential Homeowner representative) is no longer eligible to serve on this board Applicant Jerry Carrillo listed Electrician on his application; however Mr. Carrillo is not a registered or licensed electrician in the City but was an electrician in the Navy. His electrical knowledge will be a useful asset on the board. His current business is a Janitorial Supply company. Mr. Carrillo would be suited for the Residential Representative. 2) Downtown Development Commission All appointments on this board are “at large” and are nominated and approved by the entire Council. All current members are eligible & willing to serve their 2nd term. • Jim Cummings • Lisa Eady • Tim Edwards • John Fuentes History: N/A Financial Impact: N/A Related Vision Item
    • (if applicable): Other Information/ Recommendation: Staff seeks nominations and approval of appointments. Attachments: Applications Presentation: Alicia Ramirez, City Clerk Publication: N/A Reviewed by Director: City Manager Daniel Valenzuela Approved by Legal: City Attorney Lysia H. Bowling
    • City of San Angelo Memo Date: February 2, 2012 To: Mayor and Councilmembers From: Alicia Ramirez, City Clerk Subject: Agenda Item for August 6, 2013 Council Meeting Contact: Water Utilities Director Ricky Dickson (a) Alicia Ramirez, City Clerk (d) Daniel Valenzuela, City Manager (e) Caption: Regular Item Consideration of nominating and approving City Council members to serve on the following boards and committees: a. Concho River Water Master Advisory Committee (3) b. Concho Valley Council of Governments Executive Committee (1) c. Concho Valley Transit District (1) d. Records Management Committee (1) e. Hotel/Community Housing Committee (1) Summary/History: The following membership was held by a former City Council term will expire or has expired. The ‘at-large’ appointments are listed below and note the specific membership requirement as outlined in the ordinance, if necessary. With the exception of the Construction board, applications for the current members are provided. 1) Concho River Water Master Advisory Committee (3) This committee is composed of 13 members; six from the City; one from each stream segment in the Concho River Basin – South Concho River, Dove Creek, Spring Creek, Middle Concho, North Concho, and the main stem of the Concho River; and one representative from the City of Paint Rock. The Watermaster Advisory Committee was created by House Bill 2815 enacted by the 79th Legislature of the State of Texas. Duties include providing recommendations to the watermaster and deputy watermaster regarding activities of benefit to the water rights holders in the administration and distribution of water; advise the watermaster and deputy watermaster on complaints and enforcement matters; review, hold a public hearing on, and make recommendations on the annual budget proposed by the watermaster so as to cover all costs of the Concho River Watermaster Program; and provide assistance as requested by the watermaster, deputy watermaster, or water rights holders. Former appointees: Alvin New, Paul Alexander, and Kendall Hirschfeld 2) Concho Valley Council of Governments Executive Committee (1) The COG Bylaws provide voting membership eligibility for the City. The City should designate one member to the Executive Committee and two additional representatives to the General Assembly of the COG. The three representatives must be members of the Council and nominated by the Council. According to the COG Bylaws under Representation, each member city which is
    • incorporated and has a population exceeding 50,000 shall have three (3) representatives who are qualified and elected as prescribed in Article III, A. To date, two City Council members are appointed. Membership Roster Current appointees are as follows: Executive Committee - Meetings: Second Wednesday, 7:00 PM, CVCOG facility Alvin New (appointed 1/19/10) General Assembly - Meetings: Annually in December Johnny Silvas (appointed 3/19/13) Charlotte Farmer (appointed 6/23/09) 3) Concho Valley Transit District (1) The Concho Valley Transit District (CVTD) was formed in June of 2006 and began operating consolidated rural and small urban public transportation services to the Concho Valley in September of 2006. Bylaws were adopted in June 2006 and provisions for electing board members are provided. Membership Roster Paul Alexander (appointed 6/1/10) Johnny Silvas (appointed 9/2/08) Charlotte Farmer (appointed 2/21/13) 4) Records Management Committee (1) The Records Management Committee is made up of the following: City Manager City Attorney Finance Director Risk Management Director Designated City Council Members – position held by Former Councilmember Adams Their duties include assisting the Records Management Officer in development of the Program’s policies and procedures; reviewing the Program on a regular basis, including proposing changes and improvements; reviewing and approving Records Control Schedules and amendments; giving final approval of destruction of records in accordance with approved Records Control Schedules; and actively supporting and promoting the Records Management Program throughout the City. 5) Hotel/Community Housing Committee (1) Former appointees: Alvin New, Paul Alexander, and Fredd Adams Financial Impact: N/A Related Vision Item (if applicable): Other Information/ Recommendation: Staff seeks nominations and approval of appointments. Attachments: N/A Presentation: Alicia Ramirez, City Clerk
    • Publication: N/A Reviewed by Director: City Manager Daniel Valenzuela Approved by Legal: N/A
    • CONCHO VALLEY COUNCIL OF GOVERNMENTS GENERAL ASSEMBLY REPRESENTATIVES SEPTEMBER 2012 COUNTIES Member Government Representative(s) Status 1. Coke County Judge * Roy Blair (1) 2. Concho County Judge * Allen Amos (1) 3. Crockett County Judge *Fred Deaton (1) 4. Irion County Commissioner *John Nanny (1) 5. Kimble County Judge * Andrew Murr (1) 6. Mason County Judge * Jerry Bearden (1) 7. McCulloch County Judge * Danny Neal (1) 8. Menard County Judge * Richard Cordes (1) 9. Reagan County Judge * Larry Isom (1) 10. Schleicher County Judge * Charlie Bradley (1) 11. Sterling County Judge * Ralph Sides (1) 12. Sutton County Commissioner * Miguel Villanueva (1) 13. Tom Green County #1 Judge * Michael Brown (1) 14. Tom Green County #2 Commissioner Ralph Hoelscher (1) 15. Tom Green County #3 Commissioner Aubrey deCordova (1) CITIES 16. Big Lake Council Member Cliff Miller (1) 17. Brady Council Member Brendan Weatherman (1) 18. Bronte Mayor Gerald Sandusky (1) 19. Eden Council Member Butch Williams (1) 20. Eldorado Mayor John Nikolauk (1) 21. Junction Mayor Larry Maddux (1) 22. Mason VACANT 23. Melvin VACANT 24. Menard Mayor Barbara Hooten (1) 25. Mertzon Mayor Art Uber (1) 26. Paint Rock Mayor Duane Schniers (1) 27. Robert Lee Mayor John R. Jacobs (1) 28. San Angelo #1 Councilmember Fredd B. Adams (1) 29. San Angelo #2 Councilmember Charlotte Farmer (1) 30. San Angelo #3 VACANT 31. Sonora Mayor Smith Neal (1) 32. Sterling City VACANT- notification sent OTHER MEMBERS 33. San Angelo I.S.D. #1 * Lanny Layman (1) 34. San Angelo I.S.D. #2 Tim Archer (1) 35. State Legislator #1 * Drew Darby (2) 36. State Legislator #2 * Harvey Hilderbran (2) (1) Written designation on file (2) Appointed by Executive Committee * Also designated as Executive Committee Member
    •         BYLAWS  Of the      CONCHO VALLEY    COUNCIL OF GOVERNMENTS      San Angelo, Texas      As Amended:  August 9, 1978  December 10, 1980  October 10, 1981  September 11, 1982  March 6, 1996  October 14, 2009 
    • BYLAWS OF THE CONCHO VALLEY COUNCIL OF GOVERNMENTS PREAMBLE We, the elected officials of local governments in the Concho Valley Region hereby join together in a voluntary association to be known as the Concho Valley Council of Governments for the purpose of meeting at regular intervals to discuss and study community challenges of mutual interest and concern, and to develop policy and action recommendations for ratification and implementation by member local governments. We realize that our individual and common destinies rest with the interdependent actions of the local governments which comprise our region. This voluntary association which we have formed is a vehicle for closer cooperation and is not a new layer of government nor a super-government. As a voluntary organization of local governments, the members seek, by mutual agreement, solutions to mutual problems for mutual benefit. Our goal is to retain and strengthen local home rule while combining our total resources for regional challenges beyond our individual capabilities. We believe that the expansion of the concept of voluntary cooperation among local governments is an effective means for achieving this goal. We believe that cooperation must be fostered in two ways: By strengthening the abilities of local governments to meet individual local needs; and by developing a voluntary association (council) of local governments to meet the broader common needs. ARTICLE I ORGANIZATION There is hereby organized under Chapter 391, Local Government Code, (Formerly, Article 1011M, Vernon’s Annotated Civil Statutes), a regional planning commission which shall be known as the Concho Valley Council of Governments, which shall be a voluntary association of governments.
    • ARTICLE II PURPOSE The Concho Valley Council of Governments shall be a voluntary organization of local governments to foster a cooperative effort in resolving problems, policies, and plans that are common and regional. The purpose of this organization is: A. To join and cooperate to improve the health, safety, and general welfare of their residents; B. To plan for the future development of communities, areas, and regions; C. To improve the planning of transportation systems; D. To help provide adequate street, utility, health, educational, recreational, and other essential facilities as the communities, areas, and regions grow; E. To recognize the needs of agriculture, business, and industry; F. To help provide healthful surroundings for family life in residential areas; G. To help preserve historical and cultural values; H. To help ensure the efficient and economical use of public funds is commensurate with the growth of the communities, areas, and regions. I. To make studies and plans to guide the unified, far-reaching development of a region, eliminate duplication, and promote economy and efficiency in the coordinated development of a region.
    • ARTICLE III MEMBERSHIP A. Requirements 1. The geographic area within which eligible members shall be located, in whole or in part, is determined by reference to “Planning Regions for the State of Texas”, December, 1968. This delineation of Texas into twenty-one, now twenty-four, and multi-county planning regions was accomplished in response to a demonstrated need for improved communication and coordination among and between the planning and related efforts of the state, federal, and local governments. The Governor of Texas, by Executive Order, directed all state agencies to recognize this concept. The counties included in this region are Coke, Concho, Crockett, Irion, Kimble, Mason, McCulloch, Menard, Reagan, Schleicher, Sterling, Sutton and Tom Green. Any additions or deletions of counties in the Concho Valley State Planning Region which may be made from time to time by the Office of the Governor will accordingly affect the eligibility of such counties for membership in CVCOG. 2. Members must be geographically situated within a county listed in Article III, A.1. 3. All incorporated communities within a county shall become members simultaneously with the county. The Executive Committee may deviate from this requirement when requested if in its opinion such a deviation would give priority to the condition that the incoming members who are units of general local government together represent 75% of the aggregate population of the county. 4. The membership by a county will continue the contiguous nature of the existing membership and will not create a geographic void in the existing membership area. 5. Compliance by the member with the requirement in the Bylaws concerning financial contributions of its members. 6. Voting membership shall be open to: a. Member counties b. Member cities/towns c. Member school districts d. Member soil and water conservation districts e. Member River Authorities f. Member Water Districts g. Other special districts by permission of the Executive Committee
    • 7. Upon approval of the Executive Committee, pending final approval of the General Assembly, eligible governmental units, public utility companies, public and private companies within the area of the CVCOG may become associate members of the CVCOG by passage of an ordinance, minute order, resolution or other appropriate and legal action of the governing body of such units adopting Articles of Association and appropriating the funds required to pay their share of the dues of the CVCOG. In no event shall an associate member in the CVCOG be entitled to voting representation in the General Assembly or on the Executive Committee. B. Representation Each member government shall be officially represented at the General Assembly as follows: 1. Each member county shall have one (1) representative who shall be an elected official, a member of the Commissioner’s Court, and elected by the Commissioner’s Court. 2. Each member county with a population exceeding 50,000 shall have two (2) additional representatives elected as prescribed in Article III, B.1. 3. Each member city which is incorporated shall have one (1) representative who shall be an elected official, a member of the member city’s legislative body, and elected by that legislative body. 4. Each member city which is incorporated and has a population exceeding 25,000 shall have two (2) representatives who are qualified and elected as prescribed in Article III, A. 5. Each member city which is incorporated and has a population exceeding 50,000 shall have three (3) representatives who are qualified and elected as prescribed in Article III, A. 6. Each member independent school district with an enrollment of 10,000 or more shall have two (2) representatives who shall be elected members of the school board. 7. Each member independent school district with an enrollment of less than 10,000 shall have one (1) representative who shall be an elected member of the school board. 8. Member Soil and Water Conservation Districts, Member River Authorities and Water Districts, and other member special districts shall each have one (1) representative who is a member of its governing body and appointed by that body. 9. The population of any member governmental unit shall be determined by the preceding United States Census. After each United States Census membership shall be adjusted accordingly.
    • 10. As used in these Bylaws, the term “elected official” means a Mayor and other members of the governing body of a city, town or village, a county judge, a county commissioner, a member of the Board of Trustees of a School District, a member of the Board of Supervisors of a Soil and Water Conservation District, or a member of the governing body of a special district other than a Soil and Water Conservation District. 11. As used in these Bylaws, the terms “cities”, “towns”, and “villages” shall mean those communities incorporated as such pursuant to the terms and requirements of the laws of the State of Texas. 12. Representatives shall serve during the term of office to which they have been elected as members of governing bodies of CVCOG member governmental units unless replaced sooner by the appointing authority. 13. In addition to the above named members, two members of the Texas Legislature whose districts include all or part of the Concho Valley Region shall be designated by the Executive Committee to serve as members of the General Assembly. Such members shall serve until a successor shall be appointed by the Executive Committee. C. Admission and Withdrawal 1. Membership in the CVCOG shall be contingent upon execution of a resolution, ordinance, minute order or other appropriate legal action by the governing body of the member. 2. Withdrawal from membership may be accomplished upon execution of a resolution, ordinance, minute order or other appropriate legal action by the governing body of the member. D. Dues The CVCOG shall send each member before June 1st of each year a statement of dues for the coming year. Each member governmental unit shall pay to CVCOG an amount equal to one year’s dues on or before October 1st of each year. Members whose annual dues have not been paid as of October 31st of the dues’ year shall be given written notice by certified mail, return receipt requested, as soon thereafter as practicable of this delinquency, which notice shall include a statement advising such member that it is delinquent and further advising that if such dues are not paid within thirty (30) days from the date of such notice, its membership and all privileges afforded thereby, including the right to vote, shall be terminated automatically as provided herein. Thereafter, upon the expiration of thirty (30) days from the date of such notice, any delinquent member shall be notified by certified mail, return receipt requested, that its membership and all privileges afforded thereby have been terminated. A terminated member shall automatically be reinstated upon payment of all delinquent dues and the current dues, if any, then owing. The amount of annual dues shall be as follows:
    • 1. Member counties and cities shall pay annual dues in the amount of $.05 per capita. 2. Each independent school district with an enrollment of over 10,000 shall pay annual dues of $1,000.00. 3. All other independent school districts shall pay annual dues of $100.00. 4. All other voting members shall pay annual dues of $25.00. 5. Associate members shall pay annual dues of $200.00. 6. Annual dues by any member shall in no event be less than $25.00. ARTICLE IV POLICY BODIES The CVCOG shall have two policy bodies – a General Assembly and Executive Committee. A. General Assembly 1. Quorum. A quorum of the General Assembly shall consist of a majority of the total representatives of the member general purpose governments. Proxies shall be in writing; stating the name of the proxy, date of the meeting and signed by the person giving the proxy with this stipulation: proxies may only be held by those representing the membership of the person giving the proxy, i.e. a member who represents an entity must give his or her proxy to someone representing the same entity. The presiding officer at the meeting shall be the sole judge of the validity of the proxy and shall identify all proxy votes at the beginning of each meeting. Associate members shall not be included for quorum purposes. 2. Voting. Each representative of a member government and member of the Texas Legislature designated by the Executive Committee shall have one (1) vote in the General Assembly. Proxies may vote at any meeting of the General Assembly for which they were duly appointed and accepted. 3. Meetings. The General Assembly is required to meet at least one time each fiscal year of the CVCOG. The exact date of the meeting shall be determined by the Executive Committee. Election of officers shall be held at this meeting. The General Assembly shall also meet upon call of its president or the Executive Committee, or by petition of at least 10% of the membership of the General Assembly.
    • 4. Responsibilities. The responsibilities of the General Assembly are: a. To adopt and amend Bylaws; b. To review actions of the Executive Committee; c. To annually elect from representatives of general purpose member governments a President, Vice-President, Secretary, and other officers as required.; and d. To resolve questions arising under Article III. 5. Policy Recommendations. The General Assembly may recommend policy to the Executive Committee which shall be the governing body of the CVCOG. B. Executive Committee 1. Membership a. Except when filling a vacancy, new Executive Committee members, after being duly selected, shall assume their position on the Executive Committee beginning January 1st following their appointment. b. Each county, within the Concho Valley region, shall have one representative who shall be the County Judge or a County Commissioner, appointed by the Commissioner’s Court. c. A member city with a population of 50,000 or more (determined by the preceding U.S. Census) shall have one (1) representative on the Executive Committee chosen from that unit’s governing body. d. A member independent school district with an enrollment exceeding 10,000 shall have one (1) representative on the Executive Committee chosen from that independent school district’s representatives to the General Assembly. e. Two members of the Texas Legislature chosen by the other members of the Executive Committee from among the legislators whose districts include all or a portion of the Concho Valley Region shall be voting members of the Committee. Such members shall serve until a successor shall be appointed. 2. Officers. a. The officers of the Executive Committee shall be Chair, Vice-Chair and Secretary. The officers shall be elected annually by the Executive Committee. b. Should a vacancy occur in the office of the Chair, the Vice-Chair shall become Chair for the balance of the unexpired term. Should a vacancy occur in the office of Vice-Chair, the Secretary shall become Vice-Chair for the balance of the unexpired term. Should a vacancy occur in the office of the Secretary, the Executive Committee shall by simple majority of the members present, elect a new Secretary to serve the balance of the unexpired term. 3. Quorum. A quorum of the Executive Committee shall consist of a majority of the total members of the Executive Committee in good standing. Proxies shall be in writing; stating the name of the proxy, date of the meeting and signed by the person giving the proxy with this
    • stipulation: proxies may only be held by fellow Executive Committee members in good standing. The presiding officer at the meeting shall be the sole judge of the validity of the proxy and shall identify all proxy votes at the beginning of each meeting. Proxies do not count for purposes of a quorum. 4. Vacancies. Should any member of the Executive Committee miss three consecutive regular meetings of such Committee without reason satisfactory to the Executive Committee, then the Executive Committee may declare the post vacated. When a vacancy occurs on the Executive Committee by reason or removal, resignation, death, withdrawal from public office, or any other reason, the remaining members of the Executive Committee shall appoint an eligible replacement until the appropriate appointing authority designates a new member. 5. Voting. Voting on routine matters in the Executive Committee requires a simple majority of those members present and voting. Proxies may vote at any meeting of the Executive Committee for which they were duly appointed and accepted. 6. Meetings. The Executive Committee shall meet at least monthly or on call of its Chairman, or at the direction of the General Assembly, or upon call of at least 10% of the voting membership of the Executive Committee. 7. Responsibilities. The responsibilities of the Executive Committee are: a. To adopt CVCOG budget and membership fee schedules; b. To initiate, advise and aid in the establishment of cooperative arrangements, among local governments in the region; c. To propose, initiate, or approve any study, policy discussion, plan, or other CVCOG policy matters; d. To resolve questions arising under Article IV.B.1. e. To make recommendations to any local governments or other appropriate agencies or entities; f. To propose amendments to intergovernmental agreements for ratification of members; g. To designate an Applications Review Committee pursuant to Section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, and relevant Executive Orders, in accordance with the guidelines established by the Office of Management and Budget. h. To nominate a slate of officers to the General Assembly for approval and election; i. To appoint, fix salary of, and remove Executive Director; j. To be responsible for prescribing adequate controls for the investment, receipts, disbursement, and accounting for all CVCOG funds. k. To review CVCOG’s investment policy annually.
    • l. To provide for an independent audit annually, with the auditor selected pursuant to a Request for Proposals (RFP) to be released at least every five (5) years. The maximum number of consecutive years that an auditor may provide services shall be five (5). m. To provide an opportunity for the state and federal governments and other agencies having interest to participate in CVCOG activities; n. To seek and accept contributions and grants-in-aid; o. To provide for the duties, responsibilities and powers of officers and staff members; p. To execute, approve execution, ratify, confirm, or authorize the execution of any contract or any amendment of any contract in its own right or by and through the Executive Director until such time as the Executive Committee shall by resolution terminate such power; q. To provide that the certification of the Executive Director to the termination or non- termination of any power to contract, granted in these Bylaws, shall be conclusive of the same. ARTICLE V STAFF The CVCOG shall have staff as provided for by the policy bodies. The Executive Committee shall have authority to appoint and remove the Executive Director and may authorize such other staff positions deemed necessary to carry out the functions of the CVCOG. The Executive Director shall be responsible for coordinating all staff and consultant services provided for to the CVCOG, preparing and administering the Annual work program and budget, employing, retaining, and removing all other personnel as may be necessary, performing all other duties delegated to him by the Executive Committee, including but not limited to the power to execute contracts as hereinafter specified. When time is of the essence, as determined by the Executive Director, said Executive Director shall have the power to execute any and all proper contracts, agreements or amendments of the same, and said contract, agreement, or amendment of the same shall be valid, binding and in full force and effect until such time as the Executive Committee shall by resolution reject it. When time is not of the essence, as determined by the Executive Director, each contract, agreement and/or amendment of the same shall be specifically approved by the Executive Committee by Resolution attached to the same, before the same shall be binding and in full force and effect. The certificate of the Executive Director that time is of the essence and that his contractual powers have not been terminated shall be conclusive of the same. The Executive Committee may require a fidelity bond, or other appropriate insurance of fidelity coverage in such amounts as seem prudent, on designated members of the Executive Committee and staff. The premiums for such bonds or insurance shall be paid by the CVCOG.
    • ARTICLE VI FINANCE A. Budget The annual budget may be prepared in a manner that involves the splitting of the budget into a core budget and a special projects budget. The core budget will be the basic program budget, the benefits of which are received by all members. The special projects budget will include items of special interest and benefit to some of the members, but not necessarily all of them. The special projects budget will be supported by special contributions from those governments which directly benefit from the special project. B. Authorization to Sign Checks Checks will be signed by the persons to be designated by the Executive Committee. The Executive Director will certify that the item or the items for which the check is issued are payable and where appropriate will allocate charges to a specific project. C. Contributed Services Financial contributions to the CVCOG may take the form of contributed services, the cash equivalent of which can be readily determined.
    • ARTICLE VII CITIZEN INVOLVEMENT The solicitation and consideration of citizen viewpoints shall be achieved through the mechanism of citizen advisory committees which shall be designated by and serve at the pleasure of the General Assembly and/or the Executive Committee. ARTICLE VIII AMENDMENTS These Bylaws may be amended (repealed) or added to at regular or special meetings of the General Assembly, provided that ten (10) days in advance of the meeting a written notice shall have been sent to each representative, which notice shall state the amendments or changes which are proposed to be made in such Bylaws. Proposed amendments shall be considered to have passed if two-thirds of the participating representatives vote in the affirmative. ******  Adopted October 7, 1967 Amended August 9, 1978 December 10, 1980 October 10, 1981 September 11, 1982 March 6, 1996 October 14, 2009              
    • Amended By Laws of CONCHO VALLEY TRANSIT DISTRICT Article I - Name The name of this organization shall be Concho Valley Transit District (CVTD) a local governmental body and political subdivision of the State of Texas established under Chapters 458 of the Transportation Code and 791 of the Government Code of the State of Texas. Article II – Purpose The purpose of the CVTD is to assist urban and rural areas within it’s service area by providing and coordinating public and specialized transportation services and related support services for residents and to be the administrative agency to supervise the performance of various interlocal agreements entered into pursuant to the provisions of Chapter 791 of the Texas Government Code. The service area of the CVTD shall be the counties of Coke, Concho, Crockett, Irion, Kimble, Menard, McCulloch, Reagan, Schleicher, Sterling, Sutton and Tom Green including the City of San Angelo. Any County adjacent to the CVTD is also eligible to join the CVTD following the provisions of Chapter 458.07 of the Transportation Code and an affirmative vote by the County Commissioners Court of the adjacent county and approval of the CVTD board.
    • Article III – Board of Directors Section 1. Election of Board Members A. The affairs of the CVTD shall be managed and administered by a Board of Directors, henceforth known as the “Board”. (Chapter 458.06) "The number of members of the governing body of a multicounty district may not exceed 15, except that each member county is entitled to at least one representative on the governing body." The board shall have a total of 15 members in accordance consisting of one (1) Elected Official from each of the counties in the district and three (3) Elected Officials from the City Of San Angelo. The representatives will be selected in accordance with Chapter 458.06 (rural) and 458.09 (urban) of the Transportation Code of the State of Texas. B. Two non-voting members shall also serve on the Board, the Executive Director of the Concho Valley Council of Governments and the General Manager of Transportation of CVTD. The non-voting members may not hold any office on the Board. Additional non-voting members may be added by an absolute majority vote of the board as a whole. C. The board members shall serve a two year term. And may be re- approved by the component governmental unit they represent for additional two year terms. A Board Members Term Begins upon appointment by the component government they represent. D. Board members may be removed only by a two thirds vote of the Board, which must determine that the member to be removed is no longer physically of mentally able to serve or that said member is engaged in activities or actions detrimental to the goals of the board. Any member of the Board failing
    • to attend with three consecutive unexcused absences of a regular or special meeting of the Board may be removed at the discretion of the Chairman. E. Board members will received no compensation for their service but may be paid for any expenses directly related to performing duties of the CVTD. F. Only persons who are elected officials in the area of the governing body of the component governmental unit they represent shall be eligible to serve as a CVTD Board Member. G. If a board member, for any reason, no longer is an elected official that person shall forfeit the Board Member position, as only elected officials are eligible to serve as a CVTD Board Member. H. Board Member shall serve at the pleasure of the governing bodies of the component governmental unit they represent. Section 2. Powers and Duties of Board A. The district business and affairs of CVTD, except as may otherwise be provided by law or the by-laws, shall be vested in and exercised controlled by the Board. B. The Executive Director of the Concho Valley Council of Governments shall be the Executive Director of the CVTD. The Executive Director shall be the chief administrative officer of the CVTD and shall be responsible for providing all staff and consultant services to the CVTD; approval of the CVTD's annual budget and work program; employing; retaining and removing all CVTD employees as he or she may deem necessary.
    • C. The Board shall have the authority and responsibility to establish policies, rules, and procedures for Board functions and to ensure compliance with such established policies. D. The Board shall have the authority and responsibility for approval of all program plans, priorities, proposals, and budgets and the responsibility of monitoring and evaluating programs to ensure compliance with such plans, priorities, proposals, and budgets. E. The Board shall have the authority to accept grants and contributions from and to contract with Federal, State, County and local entities, and receive and administer funds pursuant to the requirements of those entities, to delegate such contractual authority to the Executive Director subject to funding entities rules and regulations. F. The Board shall have the final responsibility to assure and enforce compliance with all grant and contract conditions and requirements. G. The Board shall have the authority and responsibility to establish and elect officers of the Board, select an Executive Committee and select members of the Executive Committee and delegate duties to such a committee if the Board so desires or the Board as a Whole may serve as the Executive Committee. Section 3 Meetings A. The annual meeting of the Board shall occur on a day as determined by the Board. B. The Board shall meet at least four (4) times a calendar year, at least once each quarter or as often as the Board desires to conduct the business of the CVTD. The Board shall determine the time and place of such meetings.
    • C. The meetings of the CVTD shall be subject to the Open Meetings Act of 1967 as amended (Article 6252 17c of Texas Vernon's civil statutes). (Chapter 551 of the Texas Government Code) Additionally any ad hoc or advisory committee formed under the auspices of these by-laws shall be subject to the same provisions. D. Records of meetings of CVTD are subject to the provisions of the Open Records Act, Texas Vernon’s Civil Statutes Article 6252 17a as amended. Texas Government Code Chapter 552. The Board shall keep written minutes of each meeting, which shall include a record of members present and the votes on all motions. Section E. Deleted on Vote of Board 10-11-2006 E. A Board member may give their written proxy for a specific meeting to any other board member. A Copy of that proxy shall also be furnished to the Chairman of the Board and shall become part of the official minutes of that meeting. A board member may hold only one (1) proxy from another member. F. A quorum shall consist of at least fifty percent of the directors including proxy votes. currently and actively serving. A quorum must be present to hold a meeting. G. By a simple majority vote of those present at a meeting in which a quorum is present, the Board may conduct business on behalf of CVTD and enter into interlocal agreements with other local governmental bodies to supervise the performance of such interlocal agreements and provide services consistent with these bylaws and transact such other business as may properly come before the Board.
    • H. Special meetings of the Board for any purpose or purposes may be called by the Chair or upon written request of a majority of the Board. The notice for a special meeting must state the purposes of the special meeting. Article IV- CVTD–General Manager A. The general manager under the direction of the Executive Director shall be responsible for the staff, management, operations and supervision of all employees including but not limited to drivers, mechanics, dispatchers and planners. The General Manager will meet the normal accepted qualifications of a transit manager and shall serve at the direction and pleasure of the Executive Director. B. The General Manager shall serve on the board of directors as a non- voting member and cannot hold any office on the Board. Article V-Officers A. The Board shall select a Chair, Vice-Chair and Secretary from among its voting membership. B. Officers of the Board shall perform the duties normally associated with such positions and the Board may delegate as to them. C. All officers shall serve two-year terms and may succeed themselves by vote of the majority of the Board. D. Officers of the Board may be removed and replacements selected at the discretion of the Board.
    • Article VI – Committees A. The Board shall have the authority to establish standing or ad hoc committees as are deemed necessary to carry on the work of CVTD. B. The members of such committees shall be appointed by the Board Chair and approved by the Board. C. No Committee established under these bylaws or established in the future or other provisions contained in these bylaws shall have the authority to bind CVTD in any way or commit or obligate it in any way unless expressly approved by the Board. Article VII – Indemnification Of Officers and Members A. No board member or officer is liable to the CVTD or any third party for monetary damages for any act or omission in such board member's or officer’s capacity as such except to the extent otherwise provided by the law of the State of Texas. To the fullest extent possible by applicable law, the CVTD shall indemnify and hold harmless any such board member or officer who was is or is threatened to be made a defendant or respondent in litigation or other proceedings because the person is or was a board member, officer, or other person related to CVTD. Without limiting the foregoing, the CVTD shall indemnify any board member, officer, or former board member or officer of the CVTD or any person who may have served at its request, against expenses actually and necessarily incurred by them and any amount paid in satisfaction of judgments in connection
    • with any action, suit, or proceeding, whether civil or criminal in nature, in which they are made a party by reason of being or having been such a board member, officer, or employee (whether or not a board member, officer or employee at the time such cost or expenses are incurred by or imposed upon them) except in relation to matters so to which they shall be adjudged to such action suit or proceeding to be libel for gross negligence or willful misconduct in the performance of duty. The CVTD may also reimburse any board member, officer, or employee the reasonable cost of settlement of any such action, suit or proceeding, if it shall be found by a majority of the board members not involved in the matter in controversy, whether or not a quorum, that it was to the interests of CVTD that such settlement be made and that such board member, officer or employee was not guilty of gross negligence or willful misconduct. Also without limiting the foregoing, to the extent applicable the CVTD, its board members and officers shall have immunities identical to those provided by Chapter 84 of the Civil Practice and Remedies Code. In addition, the CVTD is authorized to obtain such insurance to cover liability of board members, officers and others related to the CVTD as the CVTD may find available and practicable for time to time. Article VIII – Use of Funds A. No part of the income of the organization shall inure to the benefit of, or be distributable, its members, trustees, officers, or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes of providing transportation services as set out in Chapter 458 of the state of Texas Transportation Code. No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation and the organization shall not participate in, or intervene in (including the publishing or distribution of
    • statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these articles, the organization shall not carry on any other activities not permitted to be carried on by a sub-division of the State of Texas. B. No part of the funds or earnings of CVTD may be used to support any other organization or entity other than those directly related to the fulfillment of CVTD’s duties to function as a provider of transportation services. Article IX – Dissolution of CVTD A. Concho Valley Transit District can be dissolved by an absolute majority vote of the full Board. B. Upon the dissolution of the organization, assets shall be distributed with the Approval of the Texas Department of Transportation Public Transit Division. Any assets not so disposed of shall be disposed by the Court of Common Pleas of the County in which the principal office of the District is then located, exclusively for such purpose or to such organizations, as said court shall determine, which are organized and operated for such purposes. Article X – Amendments The bylaws of CVTD may be amended at any regular or special meeting of the Board by the vote of two-thirds (2/3) of the total Board. Notice of such proposed amendments shall be given at least 15 days prior to such meetings.
    • Article XI – Rules of Order Robert’s Rules of Order, newly revised, except where such rules may be in conflict with the bylaws, shall govern the Board. ARTICLE XIV - CONFLICT OF INTEREST Should any voting board member or officer of CVTD have a substantial business interest of representational interest as defined by Chapter 171.002 of the Local Government Code, that voting board member or officer shall not vote on any proposal or request for funds in which that voting board member has such an interest. All declaration of conflict of interest and abstentions from voting will be recorded in the minutes of meetings of the Board of Directors.
    • Briefing of Election of CVTD Board Members  BACKGROUND: The Concho Valley Transit District (CVTD) was formed in June of 2006 and began operating consolidated rural and small urban public transportation services to the Concho Valley in September of 2006. Bylaws were adopted in June 2006 and provisions for electing board members are provided. CONDITION: Section 1. Election of Board Members: A. the affairs of the CVTD shall be managed and administered by a Board of Directors, henceforth known as the “Board”. (Chapter 458.06) "The number of members of the governing body of a multicounty district may not exceed 15, except that each member county is entitled to at least one representative on the governing body." The board shall have a total of 15 members in accordance consisting of one (1) Elected Official from each of the counties in the district and three (3) Elected Officials from the City Of San Angelo. The representatives will be selected in accordance with Chapter 458.06 (rural) and 458.09 (urban) of the Transportation Code of the State of Texas. C. The board members shall serve a two year term. And may be re-approved by the component governmental unit they represent for additional two year terms SOLUTION: Staff will notify component governments of the CVTD bylaw requirement. Each current board member must submit an interest to serve to their respective component government for re- approval to serve an additional two year term or have the component government elect one of its members to serve on the CVTD Board.
    • DESIGNATION OF CONCHO VALLEY TRANSIT DISTRICT BOARD MEMBER The City Council for the City of San Angelo, Texas met on , and designated , , and , to be their representing members on the Concho Valley Transit District Board. ATTEST: Mayor Name & Title ****** Please return to: Concho Valley Council COG, P.O. Box 60050, San Angelo, TX 76906 Please indicate below the mailing address and phone number where the member wishes to receive CVTD mail and telephone contacts. email – optional cell – optional