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August 7, 2012 City Council Meeting Agenda Packet
August 7, 2012 City Council Meeting Agenda Packet
August 7, 2012 City Council Meeting Agenda Packet
August 7, 2012 City Council Meeting Agenda Packet
August 7, 2012 City Council Meeting Agenda Packet
August 7, 2012 City Council Meeting Agenda Packet
August 7, 2012 City Council Meeting Agenda Packet
August 7, 2012 City Council Meeting Agenda Packet
August 7, 2012 City Council Meeting Agenda Packet
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August 7, 2012 City Council Meeting Agenda Packet
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August 7, 2012 City Council Meeting Agenda Packet
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August 7, 2012 City Council Meeting Agenda Packet
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August 7, 2012 City Council Meeting Agenda Packet

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  1. NOTICE OF A PUBLIC MEETING AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, August 7, 2012 McNease Convention Center, South Meeting Room 500 Rio Concho DriveTHE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTHMAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCEIS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. everyday for two weeks beginning on the Thursday after each meeting. As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate” Thank You!I. OPEN SESSION (9:00 A.M.) A. Call to Order B. Prayer and Pledge "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” C. Recognition Robert F. Bluthardt for receiving the Award of Merit from the Texas Historical Commission for his outstanding historic preservation efforts at Fort Concho and in San Angelo, Texas 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 June 19, 2012 and July 17, 2012 City Council Regular meeting minutes and July 10, 2012 and July 24, 2012 Special meeting minutes 2. Consideration of adopting a Resolution awarding bid WU-08-12 for the 2012 Water Line Improvements Contract No. 1 to Housley Communications, Inc., not to exceed an amount of $1,096,008.50, authorizing staff to negotiate a contract, and authorizing the Interim City Manager to execute said contract and any related documents 3. Consideration of adopting Resolutions authorizing the Mayor to execute Tax Deeds for the sale of Tax Lots: a. 106 W 15th Street, (Jones), Lot 9, Block 11, Lasker Addition, $950.00, Suit No. B-06-0055-T b. Next to 424 E 32 Street, (Garcia - Galindo), Lot 19 & E 5 of Lot 18, Block 1, Probst and Page Addition, $1,500.00, Suit No. B-07-0046-T c. 222 W 3rd Street, (Palmer), Lot 5, Block N, Miles Addition, $2,500.00, Suit No. B-03-0076-TCity Council Agenda Page 1 of 6 August 7, 2012
  2. d. 2215 Pecan Street, (Brewer-Munoz), 0.241 acre, N 210 x 50, James Williams Survey, $1,500.00, Suit No. B-05-0214-T e. 122 W. 12th Street¸ (Galilee), Lots 7 & 8, Block 78, Miles Addition, $1,000.00, Suit No. B-2566-A 4. Consideration of adopting a Resolution authorizing the Interim City Manager to apply to the Texas Comptroller’s office for an Events Trust Fund state grant for the National Reined Cow Horse Association 2013 Celebration of Champions, and authorizing the Interim City Manager to execute related documents 5. Consideration of adopting a Resolution authorizing the Interim City Manager to execute an agreement with the U.S. Department of the Interior, U.S. Geological Survey for the operation of gauging stations on rivers that flow into the City’s reservoirs 6. Consideration of matters related to the acquisition of two properties for the Hickory Aquifer Water Supply Project: a. Consideration of adopting a Resolution designating and authorizing the Interim City Manager to approve the acquisition and execute all contracts and other legal instruments necessary or convenient to acquire certain real property in Concho County, Texas, for the location and installation of a communications tower required for the Hickory Aquifer Water Supply Project; and to authorize initiation of eminent domain proceedings pursuant to law, if necessary b. Consideration of adopting a Resolution designating and authorizing the Interim City Manager to approve the acquisition and execute all contracts and other legal instruments necessary or convenient to acquire certain real property in Concho County, Texas, for the location and installation of a water tank required for the Hickory Aquifer Water Supply Project; and to authorize initiation of eminent domain proceedings pursuant to law, if necessary 7. Consideration of adopting a Resolution authorizing the Interim City Manager or his designee to negotiate and execute a residential lease agreement and related documents with Tom Daniel and Toni Daniel, as lessee, of certain lake lot property located at Lake Nasworthy (Lot 21, Lake Nasworthy Addition, commonly known as 6402 Lincoln Park Road West) 8. Consideration of adopting a Resolution by the San Angelo City Council accepting the U.S. Department of Justice FY 2012 Justice Assistance Grant in the sum of Twenty-Five Thousand Nine Hundred Twenty Four and NO/100 Dollars ($25,924.00), and authorizing the Interim City Manager or his designee to execute such grant award and related documents as may be necessary or convenient for acceptance of the grant 9. Consideration of adopting a Resolution approving a professional services “Medical Director Agreement” with Dr. Steven Seifert to provide services as the Emergency Medical Services Director for the City of San Angelo Fire Department and authorizing the Interim City Manager to execute said agreement 10. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 12-06: Willie Boulden 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: 1011 Martin Luther King Drive, located at the intersection of Martin Luther King Drive and West 11th Street, more specifically occupying the Miles Addition, Block 66 S/2 of E 150 feet of Block 66; Block 65, Lots 18 and 19, in central San Angelo, changing the zoning classification from a combination of General Commercial/ Heavy Commercial (CG/CH) and Two-Family Residential (RS-2) to Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYCity Council Agenda Page 2 of 6 August 7, 2012
  3. 11. Second Hearing and consideration of adoption of an Ordinance changing the name of Barry Avenue, extending from Glenna Street to Howe Street, to TLC Way AN ORDINANCE TO CHANGE THE NAME OF A CERTAIN STREET SEGMENT TO WIT: Barry Avenue to TLC Way, over the complete length of this streets right-of-way between Glenna Street and Howe Street, in central San Angelo; AND PROVIDING AN EFFECTIVE DATE 12. Second hearing and consideration of adoption of an Ordinance amending Chapter 10, Article 10.200 of the Code of Ordinances, City of San Angelo, Texas An Ordinance amending Chapter 10, Article 10.200 authorizing a speed limit change from 30 mph to 35 mph on Foster Road beginning at the intersection of Foster Road and Sunset Boulevard extending south 8,285 feet through the cul-de-sac at the southernmost end of Foster Road 13. Second Hearing and consideration of adoption of an Ordinance amending Chapter 2 “Administration,” of the Code of Ordinances of the City of San Angelo, by repealing Article 2.2900 entitled “Senior Services Advisory Board” in its entirety; repealing Article 2.2600 entitled “Recreation Board” in its entirety and enacting a new Article 2.2600 entitled “Parks & Recreation Advisory Board,” providing for the creation of the board AN ORDINANCE AMENDING CHAPTER 2 “ADMINISTRATION,” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, BY REPEALING ARTICLE 2.2900 ENTITLED “SENIOR SERVICES ADVISORY BOARD” IN ITS ENTIRETY; REPEALING ARTICLE 2.2600 ENTITLED “RECREATION BOARD” IN ITS ENTIRETY AND ENACTING A NEW ARTICLE 2.2600 ENTITLED “PARKS & RECREATION ADVISORY BOARD,” PROVIDING FOR THE CREATION OF THE BOARD, PROVIDING FOR THE QUALIFICATIONS, TERMS, DUTIES, OFFICERS AND QUORUM, PROVIDING FOR BYLAWS, PROVIDING FOR MEETINGS AND MINUTES, PROVIDING FOR ABSENT MEMBERS; PROVIDING FOR SEVERABILITY; REPEALING ARTICLE 2.1400 “PARK SUPERINTENDENT;” AMENDING ARTICLE 2.4200 “SAN ANGELO PUBLIC ART COMMISSION,” SECTION 2.4201 “CREATED, MEMBERS,” SUBSECTION (c) PROVIDIING FOR AN EX-OFFICIO NON-VOTING COMMISSION MEMBER REPRESENTING THE PARKS & RECREATION DEPARTMENT OR PARKS & RECREATION ADVISORY BOARD; AMENDING CHAPTER 8 “OFFENSES AND NUISANCES,” ARTICLE 8.100 “GENERAL OFFENSES” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING SECTION 8.113 TO REMOVE THE REFERENCE TO THE PARK COMMISSION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE 14. Second Hearing and consideration of adoption of an Ordinance amending the 2011-2012 Budget for grants, new projects and incomplete projects AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTSIII. 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 551.072 to deliberate the purchase, exchange, lease, or value of real property Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San AngeloCity Council Agenda Page 3 of 6 August 7, 2012
  4. G. PUBLIC HEARING AND COMMENT 15. Presentation and update on the Texas Bank Sports Complex and related matters (Presentation by Parks and Recreation Director Carl White) 16. Presentation and update on the City of San Angelo’s Water Supply and Hickory Aquifer Water Supply Project (Presentation by Water Utilities Director Will Wilde) 17. Consideration of adopting a Resolution authorizing the Interim City Manager to execute an Interlocal Service Agreement and Memorandum of Understanding between the City of San Angelo (COSA) and the Upper Colorado River Authority (UCRA) for Consulting Services in connection with projects or programs pertaining to River Rehabilitation and Riverbank Stabilization for the Concho River and Stormwater Management and Education (Presentation by City Engineer Clinton Bailey) 18. Consideration of authorizing the Interim City Manager or his designee to execute change orders with Templeton Construction in the amount of $687,460.06 for additional bank stabilization along the North Concho River between Sulfur Draw and 1st Street, and to fund said improvements through the allocation of $100,000.00 in ½ cent sales tax project revenue, and $587,460.06 in stormwater funding (Presentation by City Engineer Clinton Bailey and Assistant City Manager Rick Weise) 19. First public hearing and consideration of introduction of an Ordinance to dissolve the River Corridor Commission and Historic Preservation Commission and to create a new commission entitled Design and Historic Review Commission and matters related thereto AN ORDINANCE AMENDING CHAPTER 2 “ADMINISTRATION”, OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY REPEALING ARTICLE 2.3000 ENTITLED “HISTORIC PRESERVATION COMMISSION” IN ITS ENTIRETY; REPEALING ARTICLE 2.2800 ENTITLED “RIVER CORRIDOR COMMISSION” IN ITS ENTIRETY AND ENACTING A NEW ARTICLE 2.2800 ENTITLED “DESIGN AND HISTORIC REVIEW COMMISSION”; PROVIDING FOR THE CREATION OF THE COMMISSION; PROVIDING FOR THE QUALIFICATIONS AND TERMS OF COMMISSIONERS; PROVIDING FOR DUTIES, OFFICERS, HISTORIC PRESERVATION OFFICER, EX-OFFICIO MEMBERS, AND QUORUM OF THE COMMISSION; PROVIDING FOR BYLAWS; PROVIDING FOR MEETINGS AND MINUTES; PROVIDING FOR ABSENT MEMBERS; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 2 “DEVELOPMENT REVIEW, SECTION 215 “DECISION- MAKING BODIES AND OFFICIALS” BY AMENDING SUBPARAGRAPH “E” SETTING FORTH POWERS OF THE DESIGN AND HISTORIC REVIEW COMMISSION; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 2 “DEVELOPMENT REVIEW, SECTION 215 “DECISION-MAKING BODIES AND OFFICIALS” BY REPEALING SUBPARAGRAPH “F”; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 12.700 “RIVER CORRIDOR DEVELOPMENT”, BY REPEALING SECTIONS 12.704 AND 12.705 AND RESTATING SECTION 12.702 ”DEFINITION OF RIVER CORRIDOR” AND 12.703 “ISSUANCE OF BUILDING PERMITS; APPEALS”, PROVIDING FOR REVIEW OF CONSTRUCTION PLANS BY THE DESIGN AND HISTORIC REVIEW COMMISSION; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 12.800 “HISTORIC PRESERVATION TAX ABATEMENT”, BY RESTATING SECTION 12.802 “HISTORIC OVERLAY ZONE TAX ABATEMENT”, AND SECTION 12.803 “HISTORIC PROJECT TAX ABATEMENT”, TO PROVIDE FOR HISTORIC OVERLAY TAX ABATEMENT AND REVIEW BY THE DESIGN AND HISTORIC REVIEW COMMISSION, TO PROVIDE FOR HISTORIC PROJECT TAX ABATEMENT ON APPLICATION TO THE DESIGN AND HISTORIC REVIEW COMMISSION AND PROVIDING FOR APPEALS; AMENDING CHAPTER 12, “PLANNINGCity Council Agenda Page 4 of 6 August 7, 2012
  5. AND DEVELOPMENT”, EXHIBIT A, “ZONING ORDINANCE”, ARTICLE 2 “DEVELOPMENT REVIEW”, BY RESTATING SECTION 202 “SUMMARY OF DEVELOPMENT REVIEW PROCEDURES”, TO PROVIDE A SUMMARY OF DEVELOPMENT REVIEW PROCEDURES; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, EXHIBIT A, “ZONING ORDINANCE”, ARTICLE 2, “DEVELOPMENT REVIEW”, BY RESTATING SECTION 211 “HISTORIC OVERLAY ZONE”, PROVIDING FOR A HISTORIC OVERLAY ZONE AND PROCEDURES FOR DESIGNATION OF LANDMARK OR DISTRICTS, FOR PUBLIC HEARING BEFORE THE DESIGN AND HISTORIC REVIEW COMMISSION, AND FOR APPEAL; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, EXHIBIT A, “ZONING ORDINANCE”, BY REPEALING ARTICLE 3 “USE REGULATIONS”, SECTION 308 “HO (HISTORIC OVERLAY ZONE)”, SUBCHAPTER F “DEMOLITION BY NEGLECT”; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT, EXHIBIT C, “LAND DEVELOPMENT AND SUBDIVISION ORDINANCE”, CHAPTER 5 “PROCEDURAL REQUIREMENTS FOR PROCESSING SUBDIVISIONS” BY REPEALING SECTION VII “RIVER CORRIDOR DEVELOPMENT; PROVIDING FOR SEVERABILITY OF TERMS AND PROVISIONS; AND, PROVIDING FOR AN EFFECTIVE DATE. (Presentation by Planning Manager AJ Fawver) 20. 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 12-08: Randy Bell 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: 5221 South Bryant Boulevard Frontage Road, located approximately 215 feet south of the intersection of Kimrey Lane and South Bryant Boulevard Frontage Rd, more specifically the Windwood Subdivision, Section 1, Block 1, Lot 9 in southeastern San Angelo, changing the zoning classification from General Commercial (CG) to Low Rise Multi- Family Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver) 21. 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 12-05: City of San Angelo 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: East 4th Street, the brick portion of the dedicated public right- of-way being approximately 60’ x 640’ and lying between its intersection with North Chadbourne Street eastward to its intersection with North Oakes Street, in central San Angelo, adding the zoning classification of Historic Overlay (HO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver) 22. Consideration of authorizing an amendment to Vision Plan Component of the San Angelo Comprehensive Plan update adopted in 2009, specifically properties comprising roughly 200 acres in the annexation of the former powerplant area near Knickerbocker Road in southwest San Angelo (Presentation by Planning Manager AJ Fawver)City Council Agenda Page 5 of 6 August 7, 2012
  6. 23. Consideration of approving a Tax Increment Reinvestment Zone Board (TIRZ) recommendation to award Bid ES-02-12 for Chadbourne Street Pedestrian Improvement Project to Templeton Construction Company, (San Angelo, TX) including the base bid in the amount of $1,198,000.00 and Bid Alternatives Numbers 4,5, and 6 in the amount of $204,500.00 for a total contract amount of $1,402,500.00 and authorizing the Interim City Manager to execute said contract and any related documents (Presentation by Community and Development Director Shawn Lewis) 24. Discussion of the 2012-2013 budget goals, policy, and all City funds, including, but not limited to: a. General Fund and other funds as time allows b. Consideration of a record vote to propose a property tax rate for FY 2012-2013 (Presentation by Interim City Manager Michael Dane and Budget Manager Morgan Trainer) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 25. Consideration of matters discussed in Executive/Session, if needed 26. Announcements and consideration of Future Agenda Items 27. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Thursday, August 2, 2012, at 5:00 P.M. /s/________________________ Alicia Ramirez, City ClerkCity Council Agenda Page 6 of 6 August 7, 2012
  7. CITY OF SAN ANGELO BID TABULATION * RFB NO: WU-08-12 * July 18, 2012 Water Line Improvements-Contract 1 2012 Darnell & Dickson Housley Communications Roberts ConstructionNo Item Description Units Qty Unit Cost Extended Unit Cost Extended Unit Cost Extended 1 12" AINWA C900 CLASS 150 PVC PIPE 4,500 LF $ 93.27 $ 419,715.00 $ 71.50 $ 321,750.00 $ 74.75 $ 336,375.00 2 8" AINWA C900 CLASS 150 PVC PIPE 3,485 LF $ 70.46 $ 245,553.10 $ 54.00 $ 188,190.00 $ 65.20 $ 227,222.00 3 8" AINWA C900 DR18 CERTA-LOK PVC 1,570 LF $ 103.59 $ 162,636.30 $ 97.10 $ 152,447.00 $ 114.00 $ 178,980.00 PIPE 4 6" AINWA C900 CLASS 150 PVC PIPE 95 LF $ 55.85 $ 5,305.75 $ 51.10 $ 4,854.50 $ 54.00 $ 5,130.00 5 4" AINWA C900 CLASS 150 PVC PIPE 395 LF $ 44.71 $ 17,660.45 $ 41.50 $ 16,392.50 $ 46.70 $ 18,446.50 6 12" RESILIENT SEAT GATE VALVE 7 EA $ 2,480.00 $ 17,360.00 $ 1,960.00 $ 13,720.00 $ 1,850.00 $ 12,950.00 7 8" RESILIENT SEAT GATE VALVE 11 EA $ 1,567.00 $ 17,237.00 $ 1,130.00 $ 12,430.00 $ 1,260.00 $ 13,860.00 8 6" RESILIENT SEAT GATE VALVE 5 EA $ 1,213.00 $ 6,065.00 $ 810.00 $ 4,050.00 $ 900.00 $ 4,500.00 9 12"x 6" TEE 1 EA $ 1,319.00 $ 1,319.00 $ 965.00 $ 965.00 $ 950.00 $ 950.0010 12"x 12" WET TAP 1 EA $ 5,711.00 $ 5,711.00 $ 5,100.00 $ 5,100.00 $ 5,200.00 $ 5,200.0011 12"x 8" WET TAP 3 EA $ 3,297.00 $ 9,891.00 $ 2,360.00 $ 7,080.00 $ 1,840.00 $ 5,520.0012 8"x 8" WET TAP 6 EA $ 3,041.00 $ 18,246.00 $ 2,450.00 $ 14,700.00 $ 1,560.00 $ 9,360.0013 6"x 4" WET TAP 1 EA $ 2,013.00 $ 2,013.00 $ 1,700.00 $ 1,700.00 $ 1,720.00 $ 1,720.0014 6"x 6" WET TAP 6 EA $ 2,270.00 $ 13,620.00 $ 1,585.00 $ 9,510.00 $ 1,360.00 $ 8,160.0015 8"x 6" REDUCER 6 EA $ 851.16 $ 5,106.96 $ 320.00 $ 1,920.00 $ 300.00 $ 1,800.0016 6"x 4" REDUCER 1 EA $ 809.00 $ 809.00 $ 295.00 $ 295.00 $ 227.00 $ 227.0017 FIRE HYDRANT ASSEMBLY 13 EA $ 7,200.00 $ 93,600.00 $ 4,720.00 $ 61,360.00 $ 3,110.00 $ 40,430.0018 16" BORE WITH STEEL CASING 100 LF $ 178.61 $ 17,861.00 $ 165.00 $ 16,500.00 $ 180.00 $ 18,000.0019 1" SERVICE LINE 116 EA $ 1,673.49 $ 194,124.84 $ 1,350.00 $ 156,600.00 $ 1,265.00 $ 146,740.0020 2" SERVICE LINE 32 EA $ 1,206.20 $ 38,598.40 $ 1,170.00 $ 37,440.00 $ 1,040.00 $ 33,280.0021 TRENCH SAFETY 10,045 LF $ 1.00 $ 10,045.00 $ 0.10 $ 1,004.50 $ 0.10 $ 1,004.5022 ALLOWANCE 1 LS $68,000.00 $ 68,000.00 $68,000.00 $ 68,000.00 $68,000.00 $ 68,000.00 TOTAL $ 1,370,477.80 $ 1,096,008.50 $ 1,137,855.00 Bid Bond: Yes Yes Yes Bids Mailed To: Big Country Water Works Brownwood TX Benmark Supply Midland TX CAS Construction Co. Wimberly TX CM Construction Mertzon TX Darnell & Dickson San Angelo TX DW Utility Supply Waxahachie TX HD Supply Waterworks Waco TX Housley Communication Inc San Angelo TX Joe Moore Pipeline Abilene TX McGraw-Hill Dodge Reports Hot Springs AR 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
  8. A RESOLUTION OF THE CITY OF SAN ANGELO AWARDING RFB WU-08-12 FOR 2012 WATER LINE IMPROVEMNTS TO HOUSLEY COMMUNICATIONS, INC. AND AUTHORIZING THE INTERIM CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR CONSTRUCTION OF 2012 WATER LINE IMPROVEMENTS, CONTRACT NO. 1, IN THE SUM OF $1,096,008.50, AND RELATED DOCUMENTS. WHEREAS, the City of San Angelo has adopted a Water Utilities CapitalImprovements Program to rehabilitate the water system; and, WHEREAS, the City has published notice for RFB No.: WU-08-12, ContractNo.: 1, for Water Utilities 2012 Water Line Improvements, that includes the replacementof water mains in continuation of the Water Utilities Capital Improvements Program;and, WHEREAS, Housley Communications, Inc. is the lowest qualified, responsiveand responsible bidder in the sum of $1,096, 008.50; and, WHEREAS, a performance agreement is necessary to commence constructionfor the water mains that are the subject of RFB No.: WU-08-12, Contract No. 1; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THECITY OF SAN ANGELO, TEXAS THAT: The City Council hereby accepts the bid of Housley Communications, Inc., forconstruction of certain water line capital improvements, that includes the replacement ofwater mains, RFB No.: WU-08-12, Contract No. 1; and hereby awards the contract toHousley Communications, Inc., for the sum of $1,096,008.50, and, directs the InterimCity Manager to negotiate and execute on behalf of the City of San Angelo aperformance agreement and related documents therefore. PASSED and APPROVED THIS DAY OF , 2012. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMWill Wilde, Water Utilities Director Lysia H. Bowling, City Attorney
  9. City of San AngeloMemo Date: July 19, 2012 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Agenda Item for August 7, 2012 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 Caption: Consideration of awarding bid WU-08-12 for the 2012 Water Line Improvements Contract No. 1 to Housley Communications, Inc. not to exceed an amount of $1,096,008.50, authorizing staff to negotiate a contract, and authorizing the Interim City Manager, Water Utilities Director, or Interim City Manager Designee to execute said contract and any related documents. Summary: Bids have been received from three (3) contractors for the construction of the 2012 Water Line Improvements Contract No. 1. The three contractors were Housley Communications, Inc., Darnell & Dickson Construction, Inc. and ROTO, Inc. (d.b.a. Roberts Construction Co.). Low bid for the project was submitted by Housley Communications, Inc. in the amount of $1,096,008.50 and the 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: Bid amount $1,096,008.50 funded by the Capital Improvements Program. Related Vision Item (if applicable): None Other Information/Recommendation: Approximately 10,045 feet of cast iron mains will be replaced under this contract. This project will cover the lines serving Beauregard from Avenue rd N to Taylor Street; the lines serving the area of 33 Street, Acorn Street, Oaks Street, and Orchard Drive; the lines serving Beauregard from Concho Bridge to Koenighiem; and the line serving residences North of Avenue D and west of Austin St. It is recommended the bid be accepted from Housley Communication, Inc. and the Interim City Manager, Water Utilities Director or Interim City Manager Designee be authorized to negotiate and execute a contract and any related documents. Attachments: Bid Tabulation, Contract, and Resolution Reviewed by Service Area Director: Will Wilde, Water Utilities Director, July 19, 2012.
  10. City of San AngeloMemo Date: July 20, 2012 To: Mayor and Council Members From: Cindy M. Preas, Real Estate Administrator, 657-4407 From: Diana Farris, Property Specialist, 657-4407 Subject: Agenda Item for August 7, 2012 Council Meeting Caption: Consent Item Consideration of adopting a Resolution authorizing the Mayor to execute a Tax Resale Deed conveying all rights, title, and interests in the following Tax Lot(s): th 106 W 15 Street, (Jones), Lot 9, Block 11, Lasker Addition, $950, Suit No. B-06-0055-T Next to 424 E 32 Street, (Garcia - Galindo), Lot 19 & E 5 of Lot 18, Block 1, Probst and Page Addition, $1,500, Suit No. B-07-0046-T rd 222 W 3 Street, (Palmer), Lot 5, Block N, Miles Addition, $2,500, Suit No. B-03-0076-T 2215 Pecan Street, (Brewer-Munoz), 0.241 acre, N 210 x 50, James Williams Survey, $1,500, Suit No. B-05-0214-T th 122 W. 12 Street¸ (Galilee), Lots 7 & 8, Block 78, Miles Addition, $1,000, Suit No. B-2566-A Summary: The subject properties were auctioned with no offers received. Subsequently, the properties were struck off to the City as Trustee for itself and the other taxing entities. History: Amounts of delinquent taxes, accrued penalties, interest, attorney fees and costs for delinquent years of, together with additional penalties and interest at the rates prescribed by Subchapter A & C of Chapter 33, Property Tax Code, which accrue on all said taxes from date of judgment until paid. (See Property Analysis) Financial Impact: Upon approval: (1) The City will retain a $350 Administration Fee, (2) The balance will be distributed according to the judgment on the Sheriff’s Return, and (3) Properties will be reinstated back onto tax roll. Other Information/Recommendation: All property(s) are unimproved parcels. No outstanding account balances exist for the above Prospective Buyers and it is recommended that the above offer(s) be accepted. Attachments: Property Analysis, Resolutions, Tax-Resale Deeds, and Property Location Maps Presentation: N/A Reviewed by Service Area Director: Lysia H. Bowling, City Attorney
  11. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strikeany or all of the following information from this instrument before it is filed for record in the publicrecords: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for Less than Adjudged Value or Judgment) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County, San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Darrell Jones and Marta Jones, husband and wife 106 W. 15th Street San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): Lot 9, Block 11, Lasker Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 47, Page 636, Official Public Records of Real Property of Tom Green County, Texas. Acct. #16-31200-0011-008-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on June 14, 2007, in Cause No. B-06-0055-T by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated March 31, 2008, and recorded in Instrument Number 649595, Official Public Records, Tom Green County, Texas. For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantors right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantees heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax- Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are hereby specifically excluded. Grantees rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.
  12. Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the marketvalue specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled toreceive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formalresolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation ofSection 52, Article III, Texas Constitution. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and allfuture years. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the JudgmentATTEST: By: ____________________________ Alvin New, Mayor and duly-authorized agentAlicia Ramirez, City ClerkSTATE OF TEXAS § §COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New,Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, onbehalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in theabove instrument. __________________________________ Notary Public, State of TexasAfter Recording, Return To:City Attorney’s Office
  13. RESOLUTION AUTHORIZING SALE OF REAL PROPERTY (Less than Adjudged Value or Judgment) WHEREAS, on the day of , 2012, at a regularly scheduled meeting ofthe City Council of the City of San Angelo, Texas, there was presented to said Council theproposal for the City to sell a parcel of land situated within the city limits of the City of SanAngelo, said parcel being described as follows: Lot 9, Block 11, Lasker Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 47, Page 636, Official Public Records of Real Property of Tom Green County, Texas. WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’sTax Deed, recorded on Instrument Number 649595, of the Official Public Records of RealProperty, Tom Green County, Texas; and WHEREAS, the City Council has determined that it is in the best interest of the City of SanAngelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market valuespecified in the Judgment of foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacityas representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the abovedescribed lot(s) to DARRELL & MARTA JONES, a married couple, for the consideration ofNine Hundred Fifty and 00/100 Dollars ($950.00) and that the sale for said amount is also herebyauthorized and approved.APPROVED AND ADOPTED ON THE DAY OF , 2012. THE CITY OF SAN ANGELO ______________________________ Alvin New, MayorAttest:_____________________Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:______________________ ____________________________y:councilelectronic agendas201208-07-12re - tax lots106 w 16th street, (jones),resolution jones.docx
  14. Lysia Bowling, City Attorney Cindy M. Preas, Real Estate Administrator
  15. Lot 9, Block 11, Lasker Addition106 W 15th Street 50 x 140Copyright 2011 Esri. All rights reserved. Fri May 18 2012 02:52:31 PM.
  16. PROPERTY ANALYSIS For Tax Resale PropertyLegal Description: Lot 9, Block 11, Lasker Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 47, Page 636, Official Public Records of Real Property of Tom Green County, Texas.Improved/Unimproved UnimprovedTax Suit Number: B-06-0055-TLocation: 106 W 15th StreetParcel Size/Dimensions: 50 x 140City of San Angelo vs. Nancy WrightTax ID Number: 16-31200-0011-008-00Judgment Date: June 14, 2007Date of Sheriffs Sale: March 4, 2008Sheriffs Deed Recorded: April 7, 2008 Years Held in Trust 4 Yrs. Urban Redevlopment Sale: NOAdjudge Value: $ 1,713.00Amount of Offer: $ 950.00 Amounts Due Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations DistributedAdministration Fee $ 350.00 $ 350.00 0.00% $ 350.00Maintenance Fee $ - 0.00% $ -District Clerk $ 195.00 $ 195.00 0.00% $ 195.00Sheriffs Fee $ 100.00 $ 100.00 0.00% $ 100.00Attorney Fee $ 275.00 $ 275.00 0.00% $ 275.00Municipal Liens $ - 0.00% $ - $ -Taxes $ 1,143.00 100.00% $ 30.00 $ 30.00Total $ 920.00 $ 1,143.00 $ 920.00 100.00% $ 30.00 $ 950.00Actual Total Amt Due $ 2,063.00Amount Remaining $ 30.00 Offer will satisfy the court cost and a portion of the taxes and liens.
  17. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strikeany or all of the following information from this instrument before it is filed for record in the publicrecords: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for Less than Adjudged Value or Judgment) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County and San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Adam Garcia, a single person and Victoria Galindo, a single person 812 E 36th Street San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): Lot 19 and the East 5 feet of Lot 18, Block 1, Probst and Page Revised Subdivision of Meador View Addition, San Angelo, Tom Green County, Texas according to the map or plat thereof recorded in Volume 1, Page 265, Plat Records of Tom Green County, Texas. Acct. #22-39300-0001-015-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on June 29, 2009, in Cause No. B-07-0046-T by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated March 15, 2012, and recorded in Instrument Number 716210, Official Public Records, Tom Green County, Texas. For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantors right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantees heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax- Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are hereby specifically excluded. Grantees rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.
  18. Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the marketvalue specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled toreceive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formalresolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation ofSection 52, Article III, Texas Constitution. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and allfuture years. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the JudgmentATTEST: By: ____________________________ Alvin New, Mayor and duly-authorized agentAlicia Ramirez, City ClerkSTATE OF TEXAS § §COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New,Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, onbehalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in theabove instrument. __________________________________ Notary Public, State of TexasAfter Recording, Return To:City Attorney’s Office
  19. RESOLUTION AUTHORIZING SALE OF REAL PROPERTY (Less than Adjudged Value or Judgment) WHEREAS, on the day of , 2012, at a regularly scheduled meeting ofthe City Council of the City of San Angelo, Texas, there was presented to said Council theproposal for the City to sell a parcel of land situated within the city limits of the City of SanAngelo, said parcel being described as follows: Lot 19 and the East 5 feet of Lot 18, Block 1, Probst and Page Revised Subdivision of Meador View Addition, San Angelo, Tom Green County, Texas, according to the map or plat thereof recorded in Volume 1, Page 265, Plat Records of Tom Green County, Texas. WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’sTax Deed, recorded on Instrument Number 716210, of the Official Public Records of RealProperty, Tom Green County, Texas; and WHEREAS, the City Council has determined that it is in the best interest of the City of SanAngelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market valuespecified in the Judgment of foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacityas representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the abovedescribed lot(s) to ADAM GARCIA & VICTORIA GALINDO, single people, for theconsideration of One Thousand Five Hundred and 00/100 Dollars ($1,500.00) and that the salefor said amount is also hereby authorized and approved.APPROVED AND ADOPTED ON THE DAY OF , 2012. THE CITY OF SAN ANGELO ____________________________ Alvin New, MayorAttest:_____________________Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:y:councilelectronic agendas201208-07-12re - tax lotsnext to 424 e 32 street (garcia - galindo),resolution garcia.galindo.doc
  20. ______________________ ____________________________Lysia Bowling, City Attorney Cindy M. Preas, Real Estate Administrator
  21. Lot 19 & E 5 of Lot 18, Block 1, Probst &Page Revised SD of Meador View AdditionNext to 424 E 32 Street 62 x 135Copyright 2011 Esri. All rights reserved. Mon Mar 26 2012 08:43:16 AM.
  22. PROPERTY ANALYSIS For Tax Resale PropertyLegal Description: Lot 19 and the East 5 feet of Lot 18, Block 1, Probst and Page Revised Subdivision of Meador View Addition, San Angelo, Tom Green County, Texas, according to the map or plat thereof recorded in Volume 1, Page 265, Plat Records of Tom Green County, Texas.Improved/Unimproved UnimprovedTax Suit Number: B-07-0046-TLocation: Next to 424E 32nd StreetParcel Size/Dimensions: 62 x 135City of San Angelo vs. Billy F. BrownTax ID Number: 22-39300-0001-015-00Judgment Date: June 29, 2009Date of Sheriffs Sale: March 6, 2012Sheriffs Deed Recorded: March 20, 2012 Years Held in Trust 2 mos. Urban Redevlopment Sale: NOAdjudge Value: $ 2,485.00Amount of Offer: $ 1,500.00 Amounts Due Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations DistributedAdministration Fee $ 350.00 $ 350.00 0.00% $ 350.00Maintenance Fee $ - 0.00% $ -District Clerk $ 249.00 $ 249.00 0.00% $ 249.00Sheriffs Fee $ 100.00 $ 100.00 0.00% $ 100.00Attorney Fee $ 392.00 $ 392.00 0.00% $ 392.00Municipal Liens $ - 0.00% $ - $ -Taxes $ 1,744.00 100.00% $ 409.00 $ 409.00Total $ 1,091.00 $ 1,744.00 $ 1,091.00 100.00% $ 409.00 $ 1,500.00Actual Total Amt Due $ 2,835.00Amount Remaining $ 409.00 Offer will satisfy the court cost and a portion of the taxes and liens.
  23. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strikeany or all of the following information from this instrument before it is filed for record in the publicrecords: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for Less than Adjudged Value or Judgment) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County and San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Palmer, Palmer, Palmer, a Texas Partnership 316 Martin Luther King Drive San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): Lot 5, Block “N”, Miles Addition, City of San Angelo, Tom Green County, Texas, and described in deed recorded in Volume 613, Page 385, Deed Records of Tom Green County, Texas. Acct.#19-34200-8114-002-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on September 27, 2004, in Cause No. B-03-0076-T by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated October 17, 2005, and recorded in Volume 1243, Page 277, Official Public Records of Real Property, Tom Green County, Texas. For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantors right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantees heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax- Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are hereby specifically excluded. Grantees rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.
  24. Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the marketvalue specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled toreceive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formalresolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation ofSection 52, Article III, Texas Constitution. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and allfuture years. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the JudgmentATTEST: By: ____________________________ Alvin New, Mayor and duly-authorized agentAlicia Ramirez, City ClerkSTATE OF TEXAS § §COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New,Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, onbehalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in theabove instrument. __________________________________ Notary Public, State of TexasAfter Recording, Return To:City Attorney’s Office
  25. RESOLUTION AUTHORIZING SALE OF REAL PROPERTY (Less than Adjudged Value or Judgment) WHEREAS, on the day of , 2012, at a regularly scheduled meeting ofthe City Council of the City of San Angelo, Texas, there was presented to said Council theproposal for the City to sell a parcel of land situated within the city limits of the City of SanAngelo, said parcel being described as follows: Lot 5, Block “N”, Miles Addition, City of San Angelo, Tom Green County, Texas, and described in deed recorded in Volume 613, Page 385, Deed Records of Tom Green County, Texas. WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’sTax Deed, recorded on Volume 1243, Page 277, of the Official Public Records of Real Property,Tom Green County, Texas; and WHEREAS, the City Council has determined that it is in the best interest of the City of SanAngelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market valuespecified in the Judgment of foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacityas representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the abovedescribed lot(s) to PALMER, PALMER, PALMER, a general partnership, for the considerationof Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) and that the sale for said amountis also hereby authorized and approved.APPROVED AND ADOPTED ON THE DAY OF , 2012. THE CITY OF SAN ANGELO ____________________________ Alvin New, MayorAttest:_____________________Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:______________________ ____________________________y:councilelectronic agendas201208-07-12re - tax lots222 w 3rd street, (palmer),resolution palmer.doc
  26. Lysia Bowling, City Attorney Cindy M. Preas, Real Estate Administrator
  27. Lot 5, Block N, Miles Addition222 W 3rd Street 50 x 100Copyright 2011 Esri. All rights reserved. Mon Feb 20 2012 04:44:23 PM.
  28. PROPERTY ANALYSIS For Tax Resale PropertyLegal Description: Lot 5, Block "N", Miles Addition, City of San Angelo, Tom Green County, Texas, and described in deed recorded in Volume 613, Page 385, Deed Records of Tom Green County, Texas.Improved/Unimproved UnimprovedTax Suit Number: B-03-0076-TLocation: 222 W 3rd StreetParcel Size/Dimensions: 50 x 100City of San Angelo vs. Eva McClinton, deceasedTax ID Number: 19-34200-8114-002-00Judgment Date: September 27, 2004Date of Sheriffs Sale: October 4, 2005Sheriffs Deed Recorded: October 20, 2005 Years Held in Trust 6 1/2 yrs Urban Redevlopment Sales: NOAdjudge Value: $4,411.00Amount of Offer: $2,500.00 Amounts Due Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations DistributedAdministration Fee $350.00 $350.00 0.00% $350.00Maintenance Fee $- 0.00% $-District Clerk $294.00 $333.00 $294.00 0.00% $294.00Sheriffs Fee $100.00 $100.00 $100.00 0.00% $100.00Attorney Fee $332.00 $540.00 $332.00 0.00% $332.00Demolition preformed as $2,459.32 100.00% $1,424.00 $1,424.00TrusteeTaxes $3,685.00 0.00% $- $-Total $1,076.00 $7,117.32 $1,076.00 100.00% $1,424.00 $2,500.00Actual Total Amt Due $8,193.32Amount Remaining $1,424.00 Offer will satisfy the court cost and a portion of the demolition, which was preformed after obtained as Trustee.
  29. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strikeany or all of the following information from this instrument before it is filed for record in the publicrecords: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for Less than Adjudged Value or Judgment) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County and San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Adelina Munoz and Charlie Brewer, wife and husband 2201 Pecan Street San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): 0.241 acre, more or less, being the entire North 210 feet by 50 feet out of that certain 1 acre tract, more or less, situated in the James Williams Survey, Tom Green County, Texas, as described in Volume 1, Page 745, Deed Records of Tom Green County, Texas. Acct. #38-05670-0183-000-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on April 29, 2008, in Cause No. B-05-0214-T by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated November 20, 2009, and recorded in Instrument Number 678737, Official Public Records, Tom Green County, Texas. For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantors right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantees heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax- Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are hereby specifically excluded. Grantees rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.
  30. Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the marketvalue specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled toreceive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formalresolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation ofSection 52, Article III, Texas Constitution. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and allfuture years. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the JudgmentATTEST: By: ____________________________ Alvin New, Mayor and duly-authorized agentAlicia Ramirez, City ClerkSTATE OF TEXAS § §COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New,Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, onbehalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in theabove instrument. __________________________________ Notary Public, State of TexasAfter Recording, Return To:City Attorney’s Office
  31. RESOLUTION AUTHORIZING SALE OF REAL PROPERTY (Less than Adjudged Value or Judgment) WHEREAS, on the day of , 2012, at a regularly scheduled meeting ofthe City Council of the City of San Angelo, Texas, there was presented to said Council theproposal for the City to sell a parcel of land situated within the city limits of the City of SanAngelo, said parcel being described as follows: .241 acre, more or less, being the entire North 210 feet by 50 feet out of that certain 1 acre tract, more or less, situated in the James Williams Survey, Tom Green County, Texas, as described in Volume 1, Page 745, Deed Records of Tom Green County, Texas. WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’sTax Deed, recorded on Instrument Number 678737, of the Official Public Records of RealProperty, Tom Green County, Texas; and WHEREAS, the City Council has determined that it is in the best interest of the City of SanAngelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market valuespecified in the Judgment of foreclosure or the amount of the Judgment against said property; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacityas representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the abovedescribed lot(s) to ADELINA MUNOZ & CHARLIE BREWER, a married couple, for theconsideration of One Thousand Five Hundred and 00/100 Dollars ($1,500.00) and that the salefor said amount is also hereby authorized and approved.APPROVED AND ADOPTED ON THE DAY OF , 2012. THE CITY OF SAN ANGELO ____________________________ Alvin New, MayorAttest:_____________________Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:y:councilelectronic agendas201208-07-12re - tax lots2215 pecan street, (brewer-munoz),resolution munoz..doc
  32. ______________________ ____________________________Lysia Bowling, City Attorney Cindy M. Preas, Real Estate Administrator
  33. .241 acre, entire N 210 x 50 o/o 1 acre tractin James Williams Survey2215 Pecan StreetCopyright 2011 Esri. All rights reserved. Tue Mar 20 2012 01:34:03 PM.
  34. PROPERTY ANALYSIS For Tax Resale PropertyLegal Description: .241 acre, more or less, being the entire North 210 feet by 50 feet out of that certain 1 acre tract, more or less, situated in the James Williams Survey, Tom Green County, Texas, as described in Volume 1, Page 745, Deed Records of Tom Green County, Texas.Improved/Unimproved UnimprovedTax Suit Number: B-05-0214-TLocation: 2215 Pecan StreetParcel Size/Dimensions: 50 x 210City of San Angelo vs. Earl BurlesonTax ID Number: 38-05670-0183-000-00Judgment Date: April 29, 2008Date of Sheriffs Sale: November 3, 2009Sheriffs Deed Recorded: November 23, 2009 Years Held in Trust 2 1/2 yrs. Sold As Urban Redevelopment NoAdjudge Value: $ 3,000.00Amount of Offer: $ 1,500.00 Amounts Due Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations DistributedAdministration Fee $ 350.00 $ 350.00 0.00% $ 350.00Maintenance Fee $ - 0.00% $ -District Clerk $ 265.00 $ 265.00 0.00% $ 265.00Sheriffs Fee $ 100.00 $ 100.00 0.00% $ 100.00Attorney Fee $ 365.00 $ 365.00 0.00% $ 365.00Municipal Liens $ - 0.00% $ - $ -Taxes $ 2,569.87 100.00% $ 420.00 $ 420.00Total $ 1,080.00 $ 2,569.87 $ 1,080.00 100.00% $ 420.00 $ 1,500.00Actual Total Amt Due $ 3,649.87Amount Remaining $ 420.00 Offer will satisfy the court cost and a portion of the taxes and liens.
  35. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strikeany or all of the following information from this instrument before it is filed for record in the publicrecords: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for Less than Adjudged Value or Judgment) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County, San Angelo Independent School District. 72 W. College Ave. San Angelo, Tom Green County, Texas 76903 Grantee: Galilee Community Development Corporation, a Texas nonprofit corporation 1404 S. Oakes Street San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): Lots 7 & 8, Block 78, Miles Addition to the City of San Angelo, Tom Green Co., Texas. Judgment: Judgment for the foreclosure of a tax lien against the Property entered on December 4, 1968, in Cause No. B-2566-A by the 51st District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated February 8, 1969, and recorded in Volume 532, Page 517, Deed Records of Real Property, Tom Green County, Texas. For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby grants, sells, and conveys to Grantee all of Grantors right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantees heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax-Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are hereby specifically excluded. Grantees rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose. Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market value specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled to
  36. receive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formalresolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation ofSection 52, Article III, Texas Constitution. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and allfuture years. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the JudgmentATTEST: By: ____________________________ Alvin New, Mayor and duly-authorized agentAlicia Ramirez, City ClerkSTATE OF TEXAS § §COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New,Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, onbehalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in theabove instrument. __________________________________ Notary Public, State of TexasAfter Recording, Return To:City Attorney’s Office
  37. RESOLUTION AUTHORIZING SALE OF REAL PROPERTY (Less than Adjudged Value or Judgment) WHEREAS, on the day of , 2012, at a regularly scheduled meeting ofthe City Council of the City of San Angelo, Texas, there was presented to said Council theproposal for the City to sell a parcel of land situated within the city limits of the City of SanAngelo, said parcel being described as follows: Lots 7 and 8, Block 78, Miles Addition to the City of San Angelo, Tom Green County, Texas, according to a map or plat of said addition of record in the office of the County Clerk of Tom Green County, Texas. WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’sTax Deed, recorded in Volume 532, Page 517-19, of the Official Deed Records, Tom GreenCounty, Texas; and WHEREAS, the City Council has determined that it is in the best interest of the City of SanAngelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market valuespecified in the Judgment of foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacityas representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the abovedescribed lot(s) to GALILEE CDC, for the consideration of ONE THOUSAND and 00/100Dollars ($1,000.00) and that the sale for said amount is also hereby authorized and approved.APPROVED AND ADOPTED ON THE DAY OF , 2012. THE CITY OF SAN ANGELO ______________________________ Alvin New, MayorAttest:_____________________Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:______________________ ____________________________Lysia Bowling, City Attorney Cindy M. Preas, Real Estate Administratory:councilelectronic agendas201208-07-12re - tax lots122 w 12th street, (galilee)resolution galilee.docx
  38. Lots 7 & 8, Block 78, Miles Addition122 W 12th Street 100 x 100Copyright 2011 Esri. All rights reserved. Mon Feb 13 2012 01:19:33 PM.
  39. PROPERTY ANALYSIS For Tax Resale PropertyLegal Description: Lots 7 and 8, Block 78, Miles Addition to the City of San Angelo, Tom Green County, Texas, according to a map or plat of said addition of record in the office of the County Clerk of Tom Green County, Texas.Improved/Unimproved UnimprovedTax Suit Number: B-2566-ALocation: 122 W 12th StreetParcel Size/Dimensions: 100 x 100City of San Angelo vs. Imelda Caballero, deceasedTax ID Number: 19-34200-0078-006-00Judgment Date: December 4, 1968Date of Sheriffs Sale: January 14, 1969Sheriffs Deed Recorded: February 24, 1969 Years Held in Trust 43 yrs. Urban Redevlopment Sales: NOAdjudge Value: $ 1,501.15Amount of Offer: $ 1,000.00 Amounts Due Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations DistributedAdministration Fee $ 350.00 $ 350.00 0.00% $ 350.00Maintenance Fee $ - 0.00% $ -District Clerk $ 15.40 $ - $ 15.40 0.00% $ 15.40Sheriffs Fee $ - $ - $ - 0.00% $ -Attorney Fee $ - $ - $ - 0.00% $ -Advertising Pd. By City $ 64.06 $ - $ 64.06 0.00% $ - $ 64.06Taxes $ - 0.00% $ - $ -Total $ 429.46 $ - $ 429.46 0.00% $ - $ 429.46Actual Total Amt Due $ 429.46Amount Remaining $ 570.54 Remaining Funds to offset maint. Costs Offer satisfies the total amount due under the judgment
  40. PROPERTY ANALYSIS CITY PROPERTY Date Obtained:Legal Description: Subdivision: Block: Lot:Location/Address:Usage:Tax ID Number:Deed:Responsible Department:Parcel Size/Dimensions:Plat/Deed Restictions? Miscellaneous Information:Recent Survey:Connected to other Parcel?Easements:Right-of-Ways:Utilities:Available for Sale? Front View Outstanding Items Estimated Costs $ - Zoning
  41. PROPERTY ANALYSISFor Tax Resale Property:Legal Description: Lot 9, Block 4, Arroya Addition, City of San Angelo, Texas, according to the map or plat thereof, recorded in Volume 1, Page 427, Plat Records of Tom Green County, TexasImproved/Unimproved: UnimprovedTax Suit Number: B-07-0118-TLocation: 601 Antonio StreetParcel Size/Dimensions: 60 x 130City of San Angelo vs. Elizabeth TarinTax ID Number: 02-11900-0004-009-00Judgment Date: February 20, 2009Date of Sheriffs Sale: August 3, 2010Sheriffs Deed Recorded: August 13, 2010 Years Held in Trust 1 3/4 yrs. Urban Redevlopment Sale: YESAdjudge Value: $1,663.00Amount of Offer: $750.00 Amounts Due Priority % of Pro Rata Amounts Fees Priority Judgment Allocations Remainder Allocations Distributed JudgmentAdministration Fee $ 350.00 $ 350.00 0.00% $ 350.00Maintenance Fee $ - 0.00% $ -District Clerk $ 366.00 $ 366.00 50.07% $ 200.27 $ 200.27Sheriffs Fee $ 100.00 $ 100.00 13.68% $ 54.72 $ 54.72Attorney Fee $ 265.00 $ 265.00 36.25% $ 145.01 $ 145.01Municipal Liens $ - 0.00% $ - $ -Taxes $ 932.00 0.00% $ - $ -Total $350.00 $731.00 $932.00 $1,081.00 $- $400.00 $750.00Actual Total Amt Due $2,013.00Amount Remaining $400.00Under Tex. Tax Code §34.051 a municipality is authorized to resell tax foreclosed property for less than the market value specified in thejudgment of foreclosure or less than the total amount of the judgments against the property if consent to the conveyance is evidenced by an Interlocal Agreement between the municipality and each taxing unit that is a party to the judgment.
  42. City of San Angelo Civic EventsMemo Date: June 19, 2012 To: Mayor and Councilmembers From: Anthony Wilson, Civic Events Manager Subject: Agenda Item for Aug. 7, 2012, Council Meeting Contact: Anthony Wilson, Civic Events Manager, 234-0014 Caption: Consent Item Consideration of adopting a Resolution authorizing the Interim City Manager to apply to the Texas Comptroller’s office for an Events Trust Fund state grant for the National Reined Cow Horse Association 2013 Celebration of Champions, and authorizing the Interim City Manager to execute related documents Summary: On behalf of the San Angelo Stock Show and Rodeo Association, the City has in each of the past three years received a state grant to reimburse the SASSRA some of its costs related to the National Reined Cow Horse Association’s Celebration of Champions, including rental fees for the use of the Coliseum. The City again seeks authorization to participate in the grant-application process. History: In August, the San Angelo Stock Show and Rodeo Association will submit a grant application on the City’s behalf to the state Comptroller’s office seeking funding from the Texas Events Trust Fund. (The SASSRA cannot apply directly for funding under the state law that governs the trust fund.) The grant would help offset the SASSRA’s costs in hosting the National Reined Cow Horse Association’s 2013 Celebration of Champions, which will be Jan. 26, 2013, through Feb. 3, 2013. (The cutting horse event is also known as the World’s Greatest Horseman.) The SASSRA will, after next year’s event, submit to the Comptroller documentation of its expenses related to the event. Those costs are estimated to be in excess of $200,000. Reimbursements will be made based upon the SASSRA’s expenditures, and will be paid proportionally from state and local funds. This would be the fourth straight year the Celebration of Champions has qualified for an Event Trust Fund grant. The 2012 Celebration of Champions received $87,935 from the fund, which the SASSRA matched with $14,070. The state bases the grant amounts on its estimate of the incremental increase in tax revenue the state will realize as a result of the event. Financial Impact: Acceptance of the grant will reduce the SASSRA’s financial exposure.
  43. The City has in the past realized $7,500 in rental revenue for the use of the Coliseum, whichserves as a warm-up facility for the competitors. (The actual competition occurs in the SpurArena.)Because the SASSRA will provide the local match, the City will have no financial exposure inaccepting the grant.According to an economic impact study performed in 2010 by Dr. Don Hoyte, the formeradministrator of the Event Trust Fund, the total economic impact of the Celebration of Championsapproaches $3.8 million. According to the study, the event attracts 450 competitors, 40 NRCHApersonnel and event officials, and approximately 10,000 fans. Dr. Hoyte estimated the eventgenerates more than $71,000 in local hotel, sales, alcoholic beverage and car rental taxes.The SASSRA in 2011 signed a five-year extension with the NRCHA to continue hosting theCelebration of Champions in San Angelo. That extension took effect when the prior three-yearagreement expired after the 2011 event.Other Information/Recommendation: Staff, as does the San Angelo Stock Show and RodeoAssociation, recommends the Council authorize application for the Events Trust Fund grant.Attachments: ResolutionReviewed by Director: Rick Weise, Assistant City Manager
  44. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, APPROVING PARTICIPATION OF THE CITY OF SAN ANGELO IN THE TEXAS EVENTS TRUST FUND FOR THE NATIONAL REINED COW HORSE ASSOCIATION’S 2013 CELEBRATION OF CHAMPIONS AND AUTHORIZING THE CITY MANAGER TO APPLY FOR A TEXAS EVENTS TRUST FUND GRANT THEREFORE WHEREAS, the City Council of the City of San Angelo, Texas, and the TexasComptroller of Public Accounts recognize the economic benefit to the City and to the State forthe City of San Angelo hosting the National Reined Cow Horse Association’s 2013 Celebrationof Champions, a national cutting horse competition that will be held at the San AngeloFairgrounds from Jan. 26, 2013, to Feb. 3, 2013; and WHEREAS, the Texas Comptroller of Public Accounts administers the Texas EventsTrust Fund, pursuant to the Events Trust Fund statute, which provides reimbursing financing forcities or counties hosting events that result in incremental increases in state tax revenue; and WHEREAS, the San Angelo Stock Show and Rodeo Association, on behalf of the City ofSan Angelo, wishes to submit a proposal for funding under the Events Trust Fund statute tohelp offset its expenses, which are estimated to be in excess of $200,000, that are associatedwith hosting the Celebration of Champions; and WHEREAS, the City of San Angelo has in the past realize an incremental increase in taxrevenue under the Events Trust Fund statute from hosting the event, as the Celebration ofChampions’ 450 competitors, 40 event officials and National Reined Cow Horse Associationemployees, and 10,000 fans yield a total estimated economic impact of nearly $3.8 million forthe event, including more than $71,000 in local hotel, sales, alcoholic beverage and automobilerental taxes; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANANGELO that it approves the participation of the City of San Angelo in the Texas Events TrustFund for the National Reined Cow Horse Association’s 2013 Celebration of Champions; and,authorizes and directs the City Manager to apply for a Texas Events Trust Fund grant therefore. PASSED, APPROVED, and ADOPTED on this the ___ day of , 2012. CITY OF SAN ANGELOATTEST: By: _____________________________ Alvin New, Mayor_______________________Alicia Ramirez, City ClerkApproved As to Content: Approved As to Form:Anthony Wilson, Civic Events Mgr. Lysia H. Bowling, City Attorney
  45. City of San AngeloMemo Date: July 24, 2012 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Agenda Item for August 7, 2012 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 Caption: Consideration of a Resolution by the San Angelo City Council Authorizing the Interim City Manager, Water Utilities Director or Interim City Manager Designee to Execute an Agreement with the U.S. Department of the Interior, U.S. Geological Survey, for the Operation of Gauging Stations on rivers that flow into the City’s Reservoirs. Summary: The contract is for the operation of gauging stations on rivers that flow into the City’s reservoirs by the USGS. The contract is for the period of October 2012 to September 2013. History: The City is required under the water right permits to maintain these gauging stations. Financial Impact: Annual fee of $41,385.00; budgeted under water operations. Related Vision Item (if applicable): None. Other Information/Recommendation: The gauging stations are located on Spring Creek, Dove Creek, South Concho, Middle Concho River and on the Concho River below Bell Street and are utilized in conjunction with the operation of Twin Buttes Dam. It is recommended the annual contract renewal be approved. Attachments: Resolution and USGS Agreement Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, July 24, 2012
  46. ATTEST: Alicia Ramirez City Clerk
  47. A RESOLUTION BY THE SAN ANGELO CITY COUNCIL AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE U.S. DEPARTMENT OF THE INTERIOR, U.S. GEOLOGICAL SURVEY FOR THE OPERATION OF GAUGING STATIONS ON RIVERS THAT FLOW INTO THE CITY’S RESERVOIRS.WHEREAS, the City has reservoirs into which rivers flow; and,WHEREAS, the City is required under its Water Right Permits to maintain gauging stations on rivers that flow into its reservoirs, namely Twin Buttes Dam; andWHEREAS, the U.S. Geological Survey is agreeing to pay Seventeen Thousand Seven Hundred Eighty-Five and No/100 Dollars ($17,785.00), and the City is agreeing to pay Forty- One Thousand Three Hundred Eighty-Five and No/100 Dollars ($41,385.00), of the cost of operating the gauging stations; and,WHEREAS, the City’s financial commitment pursuant to this Agreement is budgeted under the Water Department operations:NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO,TEXAS THAT: That the City Manager or his designee is hereby authorized to execute that certaincontract with the U.S. Department of the Interior, U.S. Geological Survey, providing for theoperation of gauging stations on rivers that flow into City reservoirs, under which the U.S.Geological Survey is responsible for Seventeen Thousand Seven Hundred Eighty-Five andNo/100 Dollars ($17,785.00) and the City is responsible for Forty-One Thousand Three HundredEighty-Five and No/100 Dollars ($41,385.00), of the costs of operation.PASSED and APPROVED THIS DAY OF August, 2012. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMWill Wilde, Water Utilities Director Lysia H. Bowling, City Attorney
  48. City of San AngeloMemo Date: July 24, 2012 To: Mayor and Councilmembers From: Will H. Wilde, Water Utilities Director Subject: Agenda Item for August 7, 2012 Council Meeting Contact: Will H. Wilde, Water Utilities Director, 657-4209 Caption: Consent Item Consideration of matter related adopting a Resolution authorizing the acquisition of two properties for the Hickory Water Supply Project and authorizing the Interim City Manager to execute all necessary legal documents pertaining to the acquisition of subject property, subject to completion of all curative requirements a. Consideration of adopting a Resolution designating and authorizing the Interim City Manager to approve the acquisition and execute all contracts and other legal instruments necessary or convenient to acquire certain real property in Concho County, Texas, for the location and installation of a communications tower required for the Hickory Aquifer Water Supply Project; and to authorize initiation of eminent domain proceedings pursuant to law, if necessary b. water tank sites Summary: Consideration of the purchase of two properties for the Hickory Water Supply Project. A communications tower will be installed on a site currently owned by Edwin Blassingame and is needed to provide for the operation and monitoring of the Hickory Booster Pump Station and Wellfield. A site owned by Mr. Ramiro C. Ramirez will be used for the location of a water tank on the Hickory Transmission Main that will provide pressure and flow maintenance. History: The Hickory groundwater project is being developed to provide additional water to the City. Financial Impact: $20,000.00 Related Vision Item None (if applicable): Other Information/ Staff recommends the purchase of the properties as negotiated to meet the Recommendation: requirements of the Hickory Groundwater Development Project.
  49. Attachments: Blassingame Field Notes, Survey, and Resolution Ramirez Field Notes, Survey, and ResolutionPresentation: NoneReviewed by Will H. Wilde, Water Utilities Director, July 24, 2012Director:
  50. A RESOLUTION OF THE CITY OF SAN ANGELO DESIGNATING AND AUTHORIZING THE INTERIM CITY MANAGER TO APPROVE THE ACQUISITION AND EXECUTE ALL CONTRACTS AND OTHER LEGAL INSTRUMENTS NECESSARY OR CONVENIENT TO ACQUIRE CERTAIN REAL PROPERTY IN CONCHO COUNTY, TEXAS, FOR THE LOCATION AND INSTALLATION OF A COMMUNICATIONS TOWER REQUIRED FOR THE HICKORY AQUIFER WATER SUPPLY PROJECT; AND TO AUTHORIZE INITIATION OF EMINENT DOMAIN PROCEEDINGS PURSUANT TO LAW, IF NECESSARY WHEREAS, the City Council, has previously approved the Hickory Aquifer Water SupplyProject for supplying the City of San Angelo with an additional water supply; and, WHEREAS, on August 17, 2010, and on October 18, 2011, the City Council determined byresolutions that there is a public necessity for, and the public welfare and convenience will be served byacquisition of the right-of-way for water pipeline for the Hickory Aquifer Water Supply Project; and, WHEREAS, an operational component for the Hickory Aquifer Water Supply Project waterpipeline will be a communications tower to be installed on certain real property located in ConchoCounty, Texas, more particularly described in Exhibit “A” (hereinafter the “Real Property”); and, WHEREAS, there is a public necessity for, and the public welfare and convenience will be servedby, the acquisition of the Real Property for locating and installing of said communications tower; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANANGELO THAT: (1) All of the recitals and preambles hereinabove stated are found to be true and correct and are incorporated herein and made a part of this resolution; and, (2) The City Council of the City of San Angelo, Texas, hereby determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition of that certain Real Property located in Concho County, Texas, and more particularly described in Exhibit “A” attached to this resolution, which is required for the location and installation of a communications tower as part of the Hickory Aquifer Water Supply Project. (3) The City Council of the City of San Angelo, Texas hereby establishes and approves the amount of just compensation to be offered for acquisition of the subject Real Property to be $10,000.00. (4) The City Manager, or persons acting under his direction, is authorized to make final written offers to the owners of property for acquisition of the subject Real Property for the amount of compensation herein authorized. (5) Should the property owner decline the offer then the City Manager or his designee is hereby authorized, in his discretion and on behalf of the City, to further negotiate the purchase price for the subject Real Property including any damages to the remainder, and submit a proposed, revised just compensation amount to the City Council for approval.
  51. (6) The Interim City Manager, or persons acting under his direction, is authorized to cause eminent domain proceedings to be initiated to acquire by condemnation the subject Real Property in accordance with applicable law in the event that the City of San Angelo, through its representatives, has negotiated with the owner(s) of the property involved as required by law and has been unable to agree with the owner(s) on the sum(s) to be paid for the purchase of said Property. (7) It is hereby 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 under Chapter 551 of the Texas Government Code.On motion duly made and seconded, the motion providing in part that the first record vote applies to allunits of property to be condemned, PASSED and APPROVED THIS DAY OF , 2012. YES NO CITY OF SAN ANGELO, TEXAS Alvin New, Mayor Paul Alexander, SMD #1 Dwain Morrison, SMD #2 Johnny Silvas, SMD #3 Fredd B. Adams, II, SMD #4 Kendall Hirschfeld, SMD #5 Charlotte Farmer, SMD #6Attest:_____________________Alicia Ramirez, City ClerkApproved As to Content: Approved As to Form:______________________ ____________________________
  52. Will Wilde, Director of Water Utilities Lysia Bowling, City Attorney
  53. A RESOLUTION OF THE CITY OF SAN ANGELO DESIGNATING AND AUTHORIZING THE INTERIM CITY MANAGER TO APPROVE THE ACQUISITION AND EXECUTE ALL CONTRACTS AND OTHER LEGAL INSTRUMENTS NECESSARY OR CONVENIENT TO ACQUIRE CERTAIN REAL PROPERTY IN CONCHO COUNTY, TEXAS, FOR THE LOCATION AND INSTALLATION OF A WATER TANK REQUIRED FOR THE HICKORY AQUIFER WATER SUPPLY PROJECT; AND TO AUTHORIZE INITIATION OF EMINENT DOMAIN PROCEEDINGS PURSUANT TO LAW IF NECESSARY WHEREAS, the City Council, has previously approved the Hickory Aquifer Water SupplyProject for supplying the City of San Angelo with an additional water supply; and, WHEREAS, on August 17, 2010, and on October 18, 2011, the City Council determined byresolutions that there is a public necessity for, and the public welfare and convenience will be served byacquisition of the right-of-way for water pipeline for the Hickory Aquifer Water Supply Project; and, WHEREAS, an operational component for the Hickory Aquifer Water Supply Project waterpipeline will be a water tank to be installed on certain real property located in Concho County, Texas,more particularly described in Exhibit “A” (hereinafter the “Real Property”); and, WHEREAS, there is a public necessity for, and the public welfare and convenience will be servedby, the acquisition of the Real Property for locating and installing of said water tank; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANANGELO THAT: (1) All of the recitals and preambles hereinabove stated are found to be true and correct and are incorporated herein and made a part of this resolution; and, (2) The City Council of the City of San Angelo, Texas, hereby determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition of that certain Real Property located in Concho County, Texas, and more particularly described in Exhibit “A” attached to this resolution, which is required for the location and installation of a water tank as part of the Hickory Aquifer Water Supply Project. (3) The City Council of the City of San Angelo, Texas hereby establishes and approves the amount of just compensation to be offered for acquisition of the subject Real Property to be $ 5,000.00. (4) The City Manager, or persons acting under his direction, is authorized to make final written offers to the owners of property for acquisition of the subject Real Property for the amount of compensation herein authorized. (5) Should the property owner decline the offer then the City Manager or his designee is hereby authorized, in his discretion and on behalf of the City, to further negotiate the purchase price for the subject Real Property including any damages to the remainder, and submit a proposed, revised just compensation amount to the City Council for approval.
  54. (6) The Interim City Manager, or persons acting under his direction, is authorized to cause eminent domain proceedings to be initiated to acquire by condemnation the subject Real Property in accordance with applicable law in the event that the City of San Angelo, through its representatives, has negotiated with the owner(s) of the property involved as required by law and has been unable to agree with the owner(s) on the sum(s) to be paid for the purchase of said Property. (7) It is hereby 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 under Chapter 551 of the Texas Government Code. On motion duly made and seconded, the motion providing in part that the first record vote appliesto all units of property to be condemned, PASSED and APPROVED THIS DAY OF , 2012. YES NO CITY OF SAN ANGELO, TEXAS Alvin New, Mayor Paul Alexander, SMD #1 Dwain Morrison, SMD #2 Johnny Silvas, SMD #3 Fredd B. Adams, II, SMD #4 Kendall Hirschfeld, SMD #5 Charlotte Farmer, SMD #6Attest:Alicia Ramirez, City ClerkApproved As to Content: Approved As to Form:Will Wilde, Director of Water Utilities Lysia Bowling, City Attorney
  55. LAKE NASWORTHY RESIDENTIAL LOT LEASE This lease is made and entered into by and between the CITY OF SAN ANGELO, aTexas municipal corporation, ("Lessor"), whose address is 72 W. College Ave., San Angelo,Tom Green County, Texas 76903, and Tom Daniel and Toni Daniel, husband and wife, whoseaddress is 6402 Lincoln Park Road West, San Angelo, Texas 76904, ("Lessee"). I. DEMISE OF LEASED PREMISES1.1 In consideration of the mutual covenants, conditions and agreements set forth in thislease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases fromLessor, the following described real property (hereinafter called "leased premises") situated inSan Angelo, Tom Green County, Texas: Lot 21, Group Lincoln Park East, Lake Nasworthy Addition, according to the map or plat of said Lake Nasworthy Campsites in the custody of the Water Utilities Department of the City of San Angelo (also commonly known as 6402 Lincoln Park Road West). II. TERM, FEES AND RENT FIXED COMMENCEMENT AND TERMINATION DATE2.1 This lease is granted for a period of Forty (40) years having an effective date beginningJuly 1, 2012 and ending June 30, 2052, in consideration of the initial payment of $150.00, whichpayment includes the granting fee, receipt of which payment is hereby acknowledged, and thefurther consideration of Lessees payment of future annual rent in accordance with subsequentparagraphs hereof and Lessees compliance with the stipulations and conditions hereinafter setforth. TIME AND MANNER OF PAYMENT2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Department, 72W. College, San Angelo, Texas, 76903, or at such other place as Lessor may from time to timedesignate by written notice to Lessee. Such rent shall be paid annually on or before October 1during the term of this lease in accordance with the following schedule: Dates Annual Rent For the Years 2012 Through 2014 $552.00 For the Years 2015 Through 2016 $562.00 For the Years 2017 Through 2051 $ Market Value* 1
  56. * Annual rent shall be the appraised market value of the leased premises multiplied by a factor of0.08. Such appraised market value shall be determined and adjusted in accordance withapplicable City ordinances in effect at the time of execution of this lease. DELINQUENT PAYMENTS2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by Lessor afterthe date that the rent is due in accordance with established ordinances, provided however, thatthis provision for late charges or interest shall not be construed as a waiver of the right of Lessorto terminate this lease at its option as authorized herein. HOLD OVER2.4 Any holding over by Lessee of the herein leased premises after the expiration of thislease shall operate and be construed only as a tenancy from month to month, terminable at thewill of Lessor. III. DEBTS RELATED TO LEASED PREMISES UTILITIES3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay suchcharges may be deemed a default at the option of Lessor. TAXES3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes, generaland special assessments, and other charges of every description which during the term of thislease may be levied on or assessed against the leased premises and all interest therein and allimprovements and other property thereon, whether belonging to Lessor or Leaser to which eitherof them may become liable. Lessee shall pay all such taxes, charges, and assessments to thepublic officer charged with the collection thereof not less than fifteen (15) days before the sameshall become delinquent, and Lessee agrees to indemnify and save harmless Lessor from all suchtaxes, charges and assessments. Failure to pay such taxes and special assessments as providedherein may be deemed a default at the option of Lessor. WATER, SEWAGE, PAVING IMPROVEMENTS3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity ofthe leased premises, Lessee agrees to pay the pro rata front-foot cost of laying said line or linesas established by and in accordance with city policies then in existence.3.4 Lessee expressly agrees that if city water or sewer lines are ever located within 200 feetof the leased premises, Lessee will tie on to such service at its own expense at the priceestablished for that specific Lake Nasworthy area. 2
  57. 3.5 In the event the Lessor institutes a paving program abutting the leased premises, Lesseeshall pay his pro rata share of paving, curb and gutter costs pursuant to prevailing city policies. IV. RULES AND REGULATIONS4.1 The rules and regulations provided in those certain ordinances of the City Council of theCity of San Angelo, ("Council"), adopted April 2, 1951, and now known as the LakeNasworthy-Twin Buttes Ordinances and any and all subsequent amendments adopted heretoforeor hereafter are expressly incorporated herein by reference as terms and conditions of this lease.This lease is expressly made subject to any ordinances adopted in the future by the Council forthe regulation of Lake Nasworthy and surrounding property, including but not limited to, safety,sanitation, and ecological requirements. This lease will be managed by the Water UtilitiesDepartment of the City of San Angelo subject to the approval of the Council. V. USE OF LEASED PREMISES CONSTRUCTION BY LESSEE5.1 The premises shall be used only for a single family residence and lawful uses incidentalthereto, and in this connection the following shall be applicable: a. No structure shall be constructed in excess of two stories in height. b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2 foot elevation line. c. No housetrailer, shack, tent, or temporary residence of any type shall be permitted on the leased premises, and no garage or other accessory building shall be used as a residence. d. All structures shall have a foundation that complies with Lessors building code. e. No outside toilets shall be constructed or maintained on leased premises, and all plumbing shall be connected with a sanitary sewer or with a septic tank which complies in all respects to all state, county and city sanitation regulations and requirements. No septic tank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any property line. All wastewater facilities shall conform to all of the Citys wastewater ordinances, where applicable. No sewer or drain shall empty into the lake or be constructed so as to flow or wash into the lake. No concrete storm drains may be constructed without the prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable. f. No structure shall be constructed closer than five (5) feet to any property line. 3
  58. g. No trees may be removed from the leased premises without the prior written consent of the Water Utilities Director. h. No improvements or construction work of any kind, including but not limited to, houses, boathouses, piers, pump houses, water wells, storage buildings, fences, excavations, fills, and other types of structures or improvements, shall be built or performed on leased premises without prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable. i. Lessee agrees to comply with all provisions of the Official Code of the City of San Angelo ("Code"), as such now exists or may hereafter be amended including, but not limited to, those provisions regarding building permits and permit fees; inspections and fees therefore; building, plumbing, electrical, and fire standards or requirements; and the regulation of septic tanks. j. After any permit is granted, Lessee expressly agrees that all improvements or construction work shall be built or performed in strict compliance with the terms of the permit and approval granted, that construction shall commence within six (6) months following the date of the permit, and that all construction shall be completed within one (1) year of the date of the permit. k. Lessee may request from the Council a variance or deviation from any term or condition contained herein. l. The Council, prior to granting any extension of an existing lease or a new lease covering the leased premises shall have the right to review the leased premises and improvements thereon and submit in writing to the Lessee the requirements, if any, which shall attach to and become a part of this lease, necessary for compliance with the above-mentioned provisions of the Code. Failure of the Lessee to abide by and comply with said requirements may be deemd a default at the option of Lessor. RESERVATIONS AND EASEMENTS5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to execute anddeliver valid oil, gas and other mineral leases upon the leased premises, and valid right-of-wayeasements for gas, oil, water, or wastewater pipelines, telephone, telegraph or electric poletransmission lines on said premises, or any part thereof, and in such event this lease shall besubject and subordinate to the rights, terms and privileges of any such oil, gas and other mineralleases or such easements as may have been executed heretofore or hereafter by Lessor, its agentsor assigns. An easement across leased premises is hereby retained by Lessor for the purpose oflaying sewer and water lines and/or for necessary rights-of-way for roads, alleys or otherthroughways. VI. ENCUMBRANCE OF LEASEHOLD ESTATE ENCUMBERING LEASEHOLD INTEREST ONLY 4
  59. 6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may requestLessors written consent (pursuant to article XII of this lease) to encumber the leasehold estate,personal property or improvements made by Lessee which may be removed from the realtywithout injury to the realty; provided however, that no mortgagee nor anyone who claims by,through or under such mortgage or deed of trust shall, by virtue of such mortgage or deed trust,acquire any greater or more extended rights than Lessee has under this lease but such mortgageor deed of trust shall be in every respect subject, subservient and subordinate to all of theconditions, provisions, requirements, covenants and obligations of this lease. The mortgageeunder any such deed of trust or mortgage shall have the right to assume this lease and perform itsterms and conditions to protect itself. NOTICES TO LENDER6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of trusthas been given and executed by Lessee and furnish Lessor with the address to which it desirescopies of notices to be mailed. Lessor agrees to mail to lender or mortgagee or its designatedagent or representative, at the address given, a copy of any notice which Lessor gives, mails, orserves on Lessee under the terms of this lease after receipt of such a notice from the lender ormortgagee. VII. CONDITION OF PREMISES NO WARRANTY7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THECONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON,INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE. AVAILABILITY AND USE OF LAKE WATER7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor the levelof water in Lake Nasworthy. Lessee can use water from the lake, river, and/or wells on the premises for domesticpurposes and water of existing trees and shrubs; but no water will be removed from the premises.Use of water for irrigation is expressly prohibited. Lessee shall use water in a conservativemanner, and any abusive use of water shall be grounds for denying the use of water to theLessee. Lessee shall pay the applicable water use charge as set by the Lessor, for water or rawwater usage, as the case may be. VIII. REPAIRS AND MAINTENANCE LESSEES DUTY TO REPAIR AND MAINTAIN 5
  60. 8.1 Lessee agrees to keep and maintain any and all structures erected or caused to be erectedor placed on the leased premises in good and tenantable condition, to maintain its appearance,and to landscape and keep said premises cleared of all objectionable matter, things, andvegetation. Leased premises shall not be used for the outside storage of usable materials forunreasonable lengths of time. In the event Lessee shall fail to maintain leased premises in amanner acceptable to Lessor, after notice to Lessee as prescribed by city ordinance, the Lessorshall cause leased premises to be cleaned, cleared, and mowed. Lessee expressly authorizes thecost of any such clearing, cleaning, and mowing to be billed to it or added to the next annualrental payment, with interest at the rate of ten percent (10%) per annum beginning thirty (30)days from the date on which the work was completed, and continuing until such cost is paid infull. DAMAGE OR DESTRUCTION8.2 The parties hereto acknowledge that the leased premises are within an area subject tooverflow and flooding and it is expressly agreed between the parties that neither Lessor nor anyof its agents or employees shall be liable to Lessee for any damages caused in any manner,negligent or otherwise, by high water or floods at Lake Nasworthy, nor by the rivers or creekswhich serve as its sources of supply or diversion channels, nor by reason of any work deemednecessary in Lessors sole judgment in the maintenance of said Lake and sources of supply ordiversion channels and all damages occasioned thereby are hereby waived, and when Lessor (orany agent thereof) deems it necessary to enter on the leased premises for any of the abovepurposes, its judgment shall be conclusive. IX. SUSPENSION OF PRIVILEGES HEALTH MATTERS9.1 It is expressly understood and agreed that Lessor may at any time, without notice toLessee or any mortgagee, suspend or revoke any and all privileges granted herein for such lengthof time as in its sole judgment is necessary for the purpose of suppressing or arresting anepidemic of any contagious or infectious disease, or when, in its sole judgment, any suspensionof privileges is necessary to protect the health of the water consumers of San Angelo, Texas. Inthe event privileges are suspended by Lessor, rent shall be prorated; and if the lease is revoked,Lessor shall pay Lessee an amount equal to the market value of any structures or improvementshereto made or erected on leased premises in compliance with the terms of this lease. PUBLIC PURPOSES9.2 If Lessor shall deem that leased premises are required for any public purpose or thatcondemnation is necessary, Lessor shall have the right to terminate this lease by giving ninety(90) days written notice of such termination to Lessee and any mortgagee who has notified theWater Utilities Department of its lien and its address for notice purposes; and Lessee agrees topromptly deliver possession of leased premises to Lessor; and this lease shall terminate upon theexpiration of ninety (90)days after the date of such notice; and in such event Lessor shall pay 6
  61. Lessee an amount equal to the market value of any structures or improvements hereto made orerected on leased premises in compliance with the terms of this lease. X. RELEASE10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any and allclaims for damages of any kind by reason of the condition of the premises hereby leased, or anyimprovements thereon or any damages incurred in the enjoyment or exercise of the privilegesgranted hereunder, or for damage to its person or property caused by the opening of the gates atNasworthy Dam, the lowering of the normal water elevation in the lake, or due to flood or highwater, or any fluctuating water levels which may arise in the use and operation of LakeNasworthy, or in the joint use and operation of Lake Nasworthy, San Angelo Reservoir, andTwin Buttes Reservoir for the purposes of recreation, irrigation, and water supply, or for anyother purpose. XI. INDEMNIFICATION11.1 LESSEE FURTHER AGREES FOR LESSEE AND LESSEE’SSUCCESORS ININTEREST TO INDEMNIFY AND HOLD LESSOR, ITS OFFICERS, AGENTS, ANDEMPLOYEES, FREE AND HARMLESS FROM ANY CLAIMS FOR DAMAGES ORINJURY, INCLUDING DEATH, TO PERSONS OR PROPERTY, OR ANY LIABILITYINCURRED AS A RESULT OF THE EXERCISE OF THE PRIVILEGES CONFERRED BYTHIS LEASE, AND AGREES TO REIMBURSE LESSOR FOR ANY EXPENSESINCURRED IN THE DEFENSE OF ANY SUCH CLAIM, INCLUDING REASONABLEATTORNEYS FEES AND COURT COSTS ACTUALLY INCURRED. NOTHING HEREINSHALL REQUIRE THE INDEMNIFYING PARTY TO INDEMNIFY, DEFEND ORHOLDHARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’SOWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNIFICATIONSHALL SURVIVE THE TERM OF THIS LEASE AS LONG AS ANY LIABILITY COULDBE ASSERTED. XII. TRANSFER, ASSIGNMENT, AND SUBLETTING12.1 Lessee may not transfer or assign the leased premises, in whole or in part, without theprior written consent of the Lessor, which consent will not be unreasonably withheld. Lesseemay not sublet the leased premises, in whole or in part, without the prior written consent of theLessor. Any such transfer, assignment or sublease shall be evidenced in writing, properlyexecuted and acknowledged by both parties thereto; a copy shall be delivered to Lessor and theoriginal shall be recorded in the office of the County Clerk of Tom Green County, Texas. It isagreed, however, that each such transfer, assignment or sublease shall bind the transferee,assignee or sublessee to the obligations of Lessee to Lessor as set forth in this lease and shall notrelease Lessee from Lessees obligations under the lease. XIII. DEFAULT AND REMEDIES DEFAULT 7
  62. 13.1 (a) Any breach of this lease by Lessee, other than the non-payment of rent, may result inirreparable damage to Lessor for which Lessor will not have an adequate remedy at law. IfLessee should default with respect to any of its obligations hereunder except with respect to thenon-payment of rent, and should fail within 60 days after written notice of such default from theLessor to cure such default, then Lessee agrees that that Lessor shall be entitled to immediatelyseek relief by action or proceeding at law for damages, for specific performance and injunction,without any requirement to post a bond or other security. (b) In addition to, and independent of, the provisions of subsection (a), above, shouldLessee violate any provision of this Lease, other than the non-payment of rent, and fail or refuseto cure such violation within 60 days after written notice of such default from Lessor, thenLessor or Lessor’s agents may enter the premises as reasonably necessary to perform the workrequired as determined by Lessor to cure the default and the costs thereof shall be deemed to beadditional rent, immediately due and payable upon written notice to Lessee of the sum ofexpenses, costs, and fees so incurred by Lessor, including an assessment for the cost related toLessor’s employee time in curing the default, if any. LESSEE HEREBY WAIVES ANYCLAIM FOR TRESSPASS OR DAMAGES RELATING TO LESSOR OR LESSOR’SAGENTS OR EMPLOYEES ENTRY ONTO THE LEASEHOLD PREMISES PURSUANT TOTHE PROVSIONS OF THIS LEASE. (c) A breach of this lease by Lessee for non-payment of rent shall result in termination ofthis lease should Lessee within 60 days after written notice of default setting forth the amountpast due fail to cure such default by making payment of the full amount due Lessor. POSSESSION13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to theLessor or its agents or employees; and if it fails to give peaceful possession, Lessor may takeforceful possession of said premises and eject all parties therefrom without being guilty oftrespass; and all damages occasioned thereby are hereby waived. REMOVAL OF IMPROVEMENTS13.3 All buildings and other improvements placed on the property by Lessee (except trees,shrubs, flowers and plants) which may be removed without injury to the realty shall remain theproperty of Lessee. It is understood and agreed, however, that buildings and improvements shallbe held by the Lessor until all rentals due Lessor by Lessee shall have been paid, and should anyamount remain unpaid for more than thirty (30) days after termination of this lease, the Lessorshall have the right to sell such buildings and improvements and apply the proceeds to theamount due Lessor, with interest at the annual rate of ten percent (10%), and to any costsincident to the sale, and pay the balance remaining, if any, to Lessee. All property remaining onthe premises after the expiration of ninety (90) days following the termination of this lease,however terminated, shall be deemed abandoned by Lessee and shall become the property ofLessor. 8
  63. OTHER REMEDIES13.4 (a) Any termination of this lease shall not relieve Lessee from the payment of any sum orsums that are due and payable to Lessor under the lease, or any claim for damages then orpreviously accruing against Lessee under this lease, and any such termination shall not preventLessor from enforcing the payment of any such sum or sums or claim for damages by anyremedy provided for by law, or from recovering damages from Lessee for any default under thelease. All rights, options, and remedies of Lessor contained in this lease shall be construed andheld to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall havethe right to pursue any one or all of such remedies or any other remedy or relief which may beprovided by law, whether or not stated in this lease. No waiver by Lessor of a breach of any ofthe covenants, conditions, or restrictions of this lease shall be construed or held to be a waiver ofany succeeding or preceding breach of the same or any other covenant, condition, or restrictioncontained in this lease. (b) The remedies provided herein shall not be exclusive of other remedies. A failure bythe Lessor to take action on any past violation shall not constitute a waiver of the Lessor’s rightto take action on any subsequent violation. XIV. MISCELLANEOUS RELATIONSHIP OF LESSOR AND LESSEE14.1 The relationship between Lessor and Lessee at all times shall remain solely that oflandlord and tenant and shall not be deemed a partnership or joint venture. PARTIES BOUND14.2 This agreement shall be binding upon and inure to the benefit of the parties of the leaseand their respective heirs, executors, administrators, legal representatives, successors andassigns. HEADINGS14.3 The paragraph headings contained herein are for convenience and reference and are notintended to define, extend or limit the scope of any provisions of this lease. SUPERSEDES PRIOR AGREEMENTS14.4 If this lease replaces another lease, all prior agreements are superseded by this lease. ENTIRE AGREEMENT/AMENDMENTS14.5 This lease constitutes the entire agreement between the parties, and Lessor is not boundby any agreement, condition or stipulation, understanding or representation made by any of 9
  64. Lessor’s agents not contained herein. No amendment to this lease shall be effective unless suchis in writing and signed by both parties. VIOLATIONS OF LEASE14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES THATTHE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR COVENANT,SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE.FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BECONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE. TEXAS LAW TO APPLY14.7 The parties hereby agree that Texas law will control the interpretation or enforcement ofthis lease. This lease has been executed in Texas, and all obligations hereunder are performablein Tom Green County, Texas. INVALID OR ILLEGAL PROVISIONS14.8 If any provision of this lease is held invalid as to any person or set of circumstances, suchholding shall not affect the validity of any remaining provision of this lease or any provision’sapplication to other persons not similarly situated or to other circumstances. REIMBURSEMENT OF LESSOR’S EXPENSES14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited to,attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations under this lease,which include, but are not limited to, collection of rental fees and collection of utility payments,taxes and other legitimate assessments. NOTICES14.9 All notices concerning this lease shall be in writing and delivered to the parties at theaddresses below: LESSEE: Tom and Toni Daniel 6402 Lincoln Park Road West San Angelo, Texas 76903 LESSOR: City of San Angelo Attn: Water Utilities Director 72 W. College San Angelo, Texas 76903 [SIGNATURE PAGE TO FOLLOW] 10
  65. EXECUTED in duplicate originals on the _____day of _____________________, 2012by: LESSEE Tom Daniel Toni DanielSTATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of ________________,2012 by Tom Daniel and Toni Daniel Notary Public, State of Texas CITY OF SAN ANGELO, LESSOR BY: W. H. WILDE, Water Utilities DepartmentSTATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of ________________,2012, by W. H. Wilde, Director of Water Utilities of the City of San Angelo, a Texas home rulemunicipal corporation, on behalf of said corporation. Notary Public, State of Texas 11
  66. A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE A RESIDENTIAL LEASE AGREEMENT AND RELATED DOCUMENTS WITH TOM DANIEL AND TONI DANIEL, AS LESSEE, OF CERTAIN LAKE LOT PROPERTY LOCATED AT LAKE NASWORTHY WHEREAS, the City of San Angelo (City) is owner and developer of the LakeNasworthy Addition, San Angelo, located in Tom Green County, Texas (hereinafter“Subdivision”); and, WHEREAS Tom Daniel and Toni Daniel, husband and wife, desire(s) to enterinto a residential lake lot lease with the City of San Angelo for a residential lake lotwithin the Subdivision; and, WHEREAS The City Water Utilities Department deems it advantageous to thedevelopment and maintenance of the Subdivision to authorize the City Manager or hisdesignee to negotiate and execute a residential lake lot lease with Tom Daniel and ToniDaniel, for the lease of that certain lake lot(s) described more particularly on Exhibit“A” attached to this resolution; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THECITY OF SAN ANGELO, TEXAS THAT: The City Manager or his designee is hereby authorized to negotiate and execute aresidential lake lot lease with Tom Daniel and Toni Daniel, husband and wife, for thelease of the residential lot in the Lake Nasworthy Addition, City of San Angelo, TomGreen County, more particularly described on Exhibit “A” attached, and relateddocuments. PASSED and APPROVED THIS DAY OF , 2012. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORM
  67. Will Wilde, Director of Water Utilities Lysia H. Bowling, City Attorney
  68. EXHIBIT ALot 21, Lake Nasworthy Addition, according to the map orplat of said Lake Nasworthy Campsites in the custody ofthe Water Utilities Department of the City of San Angelo,Tom Green County, State of Texas. (commonly known as6402 Lincoln Park Road West).
  69. LAKE NASWORTHY RESIDENTIAL LOT LEASE This lease is made and entered into by and between the CITY OF SAN ANGELO, aTexas municipal corporation, ("Lessor"), whose address is 72 W. College Ave., San Angelo,Tom Green County, Texas 76903, and Tom Daniel and Toni Daniel, husband and wife, whoseaddress is 6402 Lincoln Park Road West, San Angelo, Texas 76904, ("Lessee"). I. DEMISE OF LEASED PREMISES1.1 In consideration of the mutual covenants, conditions and agreements set forth in thislease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases fromLessor, the following described real property (hereinafter called "leased premises") situated inSan Angelo, Tom Green County, Texas: Lot 21, Lake Nasworthy Addition, according to the map or plat of said Lake Nasworthy Campsites in the custody of the Water Utilities Department of the City of San Angelo (also commonly known as 6402 Lincoln Park Road West). II. TERM, FEES AND RENT FIXED COMMENCEMENT AND TERMINATION DATE2.1 This lease is granted for a period of Thirty-Five (35) years having an effective datebeginning July 1, 2007 and ending June 30, 2047, in consideration of the initial payment of$150.00, which payment includes the granting fee, receipt of which payment is herebyacknowledged, and the further consideration of Lessees payment of future annual rent inaccordance with subsequent paragraphs hereof and Lessees compliance with the stipulations andconditions hereinafter set forth. TIME AND MANNER OF PAYMENT2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Department, 72W. College, San Angelo, Texas, 76903, or at such other place as Lessor may from time to timedesignate by written notice to Lessee. Such rent shall be paid annually on or before October 1during the term of this lease in accordance with the following schedule: Dates Annual Rent For the Years 2012 Through 2014 552.00 For the Years 2015 Through 2016 $562.00 For the Years 2017 Through 2051 $ Market Value* 1
  70. * Annual rent shall be the appraised market value of the leased premises multiplied by a factor of0.08. Such appraised market value shall be determined and adjusted in accordance withapplicable City ordinances in effect at the time of execution of this lease. DELINQUENT PAYMENTS2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by Lessor afterthe date that the rent is due in accordance with established ordinances, provided however, thatthis provision for late charges or interest shall not be construed as a waiver of the right of Lessorto terminate this lease at its option as authorized herein. HOLD OVER2.4 Any holding over by Lessee of the herein leased premises after the expiration of thislease shall operate and be construed only as a tenancy from month to month, terminable at thewill of Lessor. III. DEBTS RELATED TO LEASED PREMISES UTILITIES3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay suchcharges may be deemed a default at the option of Lessor. TAXES3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes, generaland special assessments, and other charges of every description which during the term of thislease may be levied on or assessed against the leased premises and all interest therein and allimprovements and other property thereon, whether belonging to Lessor or Leaser to which eitherof them may become liable. Lessee shall pay all such taxes, charges, and assessments to thepublic officer charged with the collection thereof not less than fifteen (15) days before the sameshall become delinquent, and Lessee agrees to indemnify and save harmless Lessor from all suchtaxes, charges and assessments. Failure to pay such taxes and special assessments as providedherein may be deemed a default at the option of Lessor. WATER, SEWAGE, PAVING IMPROVEMENTS3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity ofthe leased premises, Lessee agrees to pay the pro rata front-foot cost of laying said line or linesas established by and in accordance with city policies then in existence.3.4 Lessee expressly agrees that if city water or sewer lines are ever located within 200 feetof the leased premises, Lessee will tie on to such service at its own expense at the priceestablished for that specific Lake Nasworthy area. 2
  71. 3.5 In the event the Lessor institutes a paving program abutting the leased premises, Lesseeshall pay his pro rata share of paving, curb and gutter costs pursuant to prevailing city policies. IV. RULES AND REGULATIONS4.1 The rules and regulations provided in those certain ordinances of the City Council of theCity of San Angelo, ("Council"), adopted April 2, 1951, and now known as the LakeNasworthy-Twin Buttes Ordinances and any and all subsequent amendments adopted heretoforeor hereafter are expressly incorporated herein by reference as terms and conditions of this lease.This lease is expressly made subject to any ordinances adopted in the future by the Council forthe regulation of Lake Nasworthy and surrounding property, including but not limited to, safety,sanitation, and ecological requirements. This lease will be managed by the Water UtilitiesDepartment of the City of San Angelo subject to the approval of the Council. V. USE OF LEASED PREMISES CONSTRUCTION BY LESSEE5.1 The premises shall be used only for a single family residence and lawful uses incidentalthereto, and in this connection the following shall be applicable: a. No structure shall be constructed in excess of two stories in height. b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2 foot elevation line. c. No house trailer, shack, tent, or temporary residence of any type shall be permitted on the leased premises, and no garage or other accessory building shall be used as a residence. d. All structures shall have a foundation that complies with Lessors building code. e. No outside toilets shall be constructed or maintained on leased premises, and all plumbing shall be connected with a sanitary sewer or with a septic tank which complies in all respects to all state, county and city sanitation regulations and requirements. No septic tank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any property line. All wastewater facilities shall conform to all of the Citys wastewater ordinances, where applicable. No sewer or drain shall empty into the lake or be constructed so as to flow or wash into the lake. No concrete storm drains may be constructed without the prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable. f. No structure shall be constructed closer than five (5) feet to any property line. g. No trees may be removed from the leased premises without the prior written consent of the Water Utilities Director. 3
  72. h. No improvements or construction work of any kind, including but not limited to, houses, boathouses, piers, pump houses, water wells, storage buildings, fences, excavations, fills, and other types of structures or improvements, shall be built or performed on leased premises without prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable. i. Lessee agrees to comply with all provisions of the Official Code of the City of San Angelo ("Code"), as such now exists or may hereafter be amended including, but not limited to, those provisions regarding building permits and permit fees; inspections and fees therefore; building, plumbing, electrical, and fire standards or requirements; and the regulation of septic tanks. j. After any permit is granted, Lessee expressly agrees that all improvements or construction work shall be built or performed in strict compliance with the terms of the permit and approval granted, that construction shall commence within six (6) months following the date of the permit, and that all construction shall be completed within one (1) year of the date of the permit. k. Lessee may request from the Council a variance or deviation from any term or condition contained herein. l. The Council, prior to granting any extension of an existing lease or a new lease covering the leased premises shall have the right to review the leased premises and improvements thereon and submit in writing to the Lessee the requirements, if any, which shall attach to and become a part of this lease, necessary for compliance with the above-mentioned provisions of the Code. Failure of the Lessee to abide by and comply with said requirements may be deemed a default at the option of Lessor. RESERVATIONS AND EASEMENTS5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to execute anddeliver valid oil, gas and other mineral leases upon the leased premises, and valid right-of-wayeasements for gas, oil, water, or wastewater pipelines, telephone, telegraph or electric poletransmission lines on said premises, or any part thereof, and in such event this lease shall besubject and subordinate to the rights, terms and privileges of any such oil, gas and other mineralleases or such easements as may have been executed heretofore or hereafter by Lessor, its agentsor assigns. An easement across leased premises is hereby retained by Lessor for the purpose oflaying sewer and water lines and/or for necessary rights-of-way for roads, alleys or otherthroughways. 4
  73. VI. ENCUMBRANCE OF LEASEHOLD ESTATE ENCUMBERING LEASEHOLD INTEREST ONLY6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may requestLessors written consent (pursuant to article XII of this lease) to encumber the leasehold estate,personal property or improvements made by Lessee which may be removed from the realtywithout injury to the realty; provided however, that no mortgagee nor anyone who claims by,through or under such mortgage or deed of trust shall, by virtue of such mortgage or deed trust,acquire any greater or more extended rights than Lessee has under this lease but such mortgageor deed of trust shall be in every respect subject, subservient and subordinate to all of theconditions, provisions, requirements, covenants and obligations of this lease. The mortgageeunder any such deed of trust or mortgage shall have the right to assume this lease and perform itsterms and conditions to protect itself. NOTICES TO LENDER6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of trusthas been given and executed by Lessee and furnish Lessor with the address to which it desirescopies of notices to be mailed. Lessor agrees to mail to lender or mortgagee or its designatedagent or representative, at the address given, a copy of any notice which Lessor gives, mails, orserves on Lessee under the terms of this lease after receipt of such a notice from the lender ormortgagee. VII. CONDITION OF PREMISES NO WARRANTY7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THECONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON,INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE. AVAILABILITY AND USE OF LAKE WATER7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor the levelof water in Lake Nasworthy. Lessee can use water from the lake, river, and/or wells on the premises for domesticpurposes and water of existing trees and shrubs; but no water will be removed from the premises.Use of water for irrigation is expressly prohibited. Lessee shall use water in a conservativemanner, and any abusive use of water shall be grounds for denying the use of water to theLessee. Lessee shall pay the applicable water use charge as set by the Lessor, for water or rawwater usage, as the case may be. 5
  74. VIII. REPAIRS AND MAINTENANCE LESSEES DUTY TO REPAIR AND MAINTAIN8.1 Lessee agrees to keep and maintain any and all structures erected or caused to be erectedor placed on the leased premises in good and tenantable condition, to maintain its appearance,and to landscape and keep said premises cleared of all objectionable matter, things, andvegetation. Leased premises shall not be used for the outside storage of usable materials forunreasonable lengths of time. In the event Lessee shall fail to maintain leased premises in amanner acceptable to Lessor, after notice to Lessee as prescribed by city ordinance, the Lessorshall cause leased premises to be cleaned, cleared, and mowed. Lessee expressly authorizes thecost of any such clearing, cleaning, and mowing to be billed to it or added to the next annualrental payment, with interest at the rate of ten percent (10%) per annum beginning thirty (30)days from the date on which the work was completed, and continuing until such cost is paid infull. DAMAGE OR DESTRUCTION8.2 The parties hereto acknowledge that the leased premises are within an area subject tooverflow and flooding and it is expressly agreed between the parties that neither Lessor nor anyof its agents or employees shall be liable to Lessee for any damages caused in any manner,negligent or otherwise, by high water or floods at Lake Nasworthy, nor by the rivers or creekswhich serve as its sources of supply or diversion channels, nor by reason of any work deemednecessary in Lessors sole judgment in the maintenance of said Lake and sources of supply ordiversion channels and all damages occasioned thereby are hereby waived, and when Lessor (orany agent thereof) deems it necessary to enter on the leased premises for any of the abovepurposes, its judgment shall be conclusive. IX. SUSPENSION OF PRIVILEGES HEALTH MATTERS9.1 It is expressly understood and agreed that Lessor may at any time, without notice toLessee or any mortgagee, suspend or revoke any and all privileges granted herein for such lengthof time as in its sole judgment is necessary for the purpose of suppressing or arresting anepidemic of any contagious or infectious disease, or when, in its sole judgment, any suspensionof privileges is necessary to protect the health of the water consumers of San Angelo, Texas. Inthe event privileges are suspended by Lessor, rent shall be prorated; and if the lease is revoked,Lessor shall pay Lessee an amount equal to the market value of any structures or improvementshereto made or erected on leased premises in compliance with the terms of this lease. PUBLIC PURPOSES9.2 If Lessor shall deem that leased premises are required for any public purpose or thatcondemnation is necessary, Lessor shall have the right to terminate this lease by giving ninety(90) days written notice of such termination to Lessee and any mortgagee who has notified theWater Utilities Department of its lien and its address for notice purposes; and Lessee agrees to 6
  75. promptly deliver possession of leased premises to Lessor; and this lease shall terminate upon theexpiration of ninety (90)days after the date of such notice; and in such event Lessor shall payLessee an amount equal to the market value of any structures or improvements hereto made orerected on leased premises in compliance with the terms of this lease. X. RELEASE10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any and allclaims for damages of any kind by reason of the condition of the premises hereby leased, or anyimprovements thereon or any damages incurred in the enjoyment or exercise of the privilegesgranted hereunder, or for damage to its person or property caused by the opening of the gates atNasworthy Dam, the lowering of the normal water elevation in the lake, or due to flood or highwater, or any fluctuating water levels which may arise in the use and operation of LakeNasworthy, or in the joint use and operation of Lake Nasworthy, San Angelo Reservoir, andTwin Buttes Reservoir for the purposes of recreation, irrigation, and water supply, or for anyother purpose. XI. INDEMNIFICATION11.1 LESSEE FURTHER AGREES FOR LESSEE AND LESSEE’SSUCCESORS ININTEREST TO INDEMNIFY AND HOLD LESSOR, ITS OFFICERS, AGENTS, ANDEMPLOYEES, FREE AND HARMLESS FROM ANY CLAIMS FOR DAMAGES ORINJURY, INCLUDING DEATH, TO PERSONS OR PROPERTY, OR ANY LIABILITYINCURRED AS A RESULT OF THE EXERCISE OF THE PRIVILEGES CONFERRED BYTHIS LEASE, AND AGREES TO REIMBURSE LESSOR FOR ANY EXPENSESINCURRED IN THE DEFENSE OF ANY SUCH CLAIM, INCLUDING REASONABLEATTORNEYS FEES AND COURT COSTS ACTUALLY INCURRED. NOTHING HEREINSHALL REQUIRE THE INDEMNIFYING PARTY TO INDEMNIFY, DEFEND ORHOLDHARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’SOWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNIFICATIONSHALL SURVIVE THE TERM OF THIS LEASE AS LONG AS ANY LIABILITY COULDBE ASSERTED. XII. TRANSFER, ASSIGNMENT, AND SUBLETTING12.1 Lessee may not transfer or assign the leased premises, in whole or in part, without theprior written consent of the Lessor, which consent will not be unreasonably withheld. Lesseemay not sublet the leased premises, in whole or in part, without the prior written consent of theLessor. Any such transfer, assignment or sublease shall be evidenced in writing, properlyexecuted and acknowledged by both parties thereto; a copy shall be delivered to Lessor and theoriginal shall be recorded in the office of the County Clerk of Tom Green County, Texas. It isagreed, however, that each such transfer, assignment or sublease shall bind the transferee,assignee or sublessee to the obligations of Lessee to Lessor as set forth in this lease and shall notrelease Lessee from Lessees obligations under the lease. XIII. DEFAULT AND REMEDIES 7
  76. DEFAULT13.1 (a) Any breach of this lease by Lessee, other than the non-payment of rent, may result inirreparable damage to Lessor for which Lessor will not have an adequate remedy at law. IfLessee should default with respect to any of its obligations hereunder except with respect to thenon-payment of rent, and should fail within 60 days after written notice of such default from theLessor to cure such default, then Lessee agrees that that Lessor shall be entitled to immediatelyseek relief by action or proceeding at law for damages, for specific performance and injunction,without any requirement to post a bond or other security. (b) In addition to, and independent of, the provisions of subsection (a), above, shouldLessee violate any provision of this Lease, other than the non-payment of rent, and fail or refuseto cure such violation within 60 days after written notice of such default from Lessor, thenLessor or Lessor’s agents may enter the premises as reasonably necessary to perform the workrequired as determined by Lessor to cure the default and the costs thereof shall be deemed to beadditional rent, immediately due and payable upon written notice to Lessee of the sum ofexpenses, costs, and fees so incurred by Lessor, including an assessment for the cost related toLessor’s employee time in curing the default, if any. LESSEE HEREBY WAIVES ANYCLAIM FOR TRESSPASS OR DAMAGES RELATING TO LESSOR OR LESSOR’SAGENTS OR EMPLOYEES ENTRY ONTO THE LEASEHOLD PREMISES PURSUANT TOTHE PROVSIONS OF THIS LEASE. (c) A breach of this lease by Lessee for non-payment of rent shall result in termination ofthis lease should Lessee within 60 days after written notice of default setting forth the amountpast due fail to cure such default by making payment of the full amount due Lessor. POSSESSION13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to theLessor or its agents or employees; and if it fails to give peaceful possession, Lessor may takeforceful possession of said premises and eject all parties therefrom without being guilty oftrespass; and all damages occasioned thereby are hereby waived. REMOVAL OF IMPROVEMENTS13.3 All buildings and other improvements placed on the property by Lessee (except trees,shrubs, flowers and plants) which may be removed without injury to the realty shall remain theproperty of Lessee. It is understood and agreed, however, that buildings and improvements shallbe held by the Lessor until all rentals due Lessor by Lessee shall have been paid, and should anyamount remain unpaid for more than thirty (30) days after termination of this lease, the Lessorshall have the right to sell such buildings and improvements and apply the proceeds to theamount due Lessor, with interest at the annual rate of ten percent (10%), and to any costsincident to the sale, and pay the balance remaining, if any, to Lessee. All property remaining onthe premises after the expiration of ninety (90) days following the termination of this lease,however terminated, shall be deemed abandoned by Lessee and shall become the property ofLessor. 8
  77. OTHER REMEDIES13.4 (a) Any termination of this lease shall not relieve Lessee from the payment of any sum orsums that are due and payable to Lessor under the lease, or any claim for damages then orpreviously accruing against Lessee under this lease, and any such termination shall not preventLessor from enforcing the payment of any such sum or sums or claim for damages by anyremedy provided for by law, or from recovering damages from Lessee for any default under thelease. All rights, options, and remedies of Lessor contained in this lease shall be construed andheld to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall havethe right to pursue any one or all of such remedies or any other remedy or relief which may beprovided by law, whether or not stated in this lease. No waiver by Lessor of a breach of any ofthe covenants, conditions, or restrictions of this lease shall be construed or held to be a waiver ofany succeeding or preceding breach of the same or any other covenant, condition, or restrictioncontained in this lease. (b) The remedies provided herein shall not be exclusive of other remedies. A failure bythe Lessor to take action on any past violation shall not constitute a waiver of the Lessor’s rightto take action on any subsequent violation. XIV. MISCELLANEOUS RELATIONSHIP OF LESSOR AND LESSEE14.1 The relationship between Lessor and Lessee at all times shall remain solely that oflandlord and tenant and shall not be deemed a partnership or joint venture. PARTIES BOUND14.2 This agreement shall be binding upon and inure to the benefit of the parties of the leaseand their respective heirs, executors, administrators, legal representatives, successors andassigns. HEADINGS14.3 The paragraph headings contained herein are for convenience and reference and are notintended to define, extend or limit the scope of any provisions of this lease. SUPERSEDES PRIOR AGREEMENTS14.4 If this lease replaces another lease, all prior agreements are superseded by this lease. 9
  78. ENTIRE AGREEMENT/AMENDMENTS14.5 This lease constitutes the entire agreement between the parties, and Lessor is not boundby any agreement, condition or stipulation, understanding or representation made by any ofLessor’s agents not contained herein. No amendment to this lease shall be effective unless suchis in writing and signed by both parties. VIOLATIONS OF LEASE14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES THATTHE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR COVENANT,SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE.FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BECONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE. TEXAS LAW TO APPLY14.7 The parties hereby agree that Texas law will control the interpretation or enforcement ofthis lease. This lease has been executed in Texas, and all obligations hereunder are performablein Tom Green County, Texas. INVALID OR ILLEGAL PROVISIONS14.8 If any provision of this lease is held invalid as to any person or set of circumstances, suchholding shall not affect the validity of any remaining provision of this lease or any provision’sapplication to other persons not similarly situated or to other circumstances. REIMBURSEMENT OF LESSOR’S EXPENSES14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited to,attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations under this lease,which include, but are not limited to, collection of rental fees and collection of utility payments,taxes and other legitimate assessments. NOTICES14.9 All notices concerning this lease shall be in writing and delivered to the parties at theaddresses below: LESSEE: Tom and Toni Daniel 6402 Lincoln Park Road West San Angelo, Texas 76903 LESSOR: City of San Angelo Attn: Water Utilities Director 72 W. College San Angelo, Texas 76903 10
  79. EXECUTED in duplicate originals on the _____day of _____________________, 2012by: LESSEE Tom Daniel Toni DanielSTATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of ________________,2012 by Tom Daniel and Toni Daniel Notary Public, State of Texas CITY OF SAN ANGELO, LESSOR BY: W. H. WILDE, Water Utilities DepartmentSTATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of ________________,2012, by W. H. Wilde, Director of Water Utilities of the City of San Angelo, a Texas home rulemunicipal corporation, on behalf of said corporation. Notary Public, State of Texas 11
  80. City of San AngeloMemo Date: 7/13/12 To: Mayor and Councilmembers From: Chief Tim Vasquez Subject: Agenda Item for August 7, 2012 Council Meeting Contact: Chief Tim Vasquez, 657-4336 Caption: Consent Agenda tem Consideration of adopting a Resolution by the San Angelo City Council accepting the U.S. Department of Justice FY 2012 Justice Assistance Grant in the sum of Twenty-Five Thousand Nine Hundred Twenty Four and NO/100 Dollars ($25,924.00), and authorizing the City Manager or his designee to execute such grant award and related documents as may be necessary or convenient for acceptance of the grant Summary: The U.S. Department of Justice announced that the City of San Angelo Police Department has been awarded funds from the FY 2012 Justice Assistance Grant. The grant is designed to help fund state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support. The City of San Angelo and Tom Green County are awarded $25,924 jointly from the grant. The funds are divided by the number of authorized positions per department. The Police Department will receive $19,181 and the Tom Green County Sheriff’s Office will receive $6,743. The San Angelo Police Department will purchase Child ID Kits, Radar Guns for patrol cars, and Laptops for the CID division. The Tom Green County Sheriff’s Office will purchase emergency light systems for vehicles and flashlights for Deputies. History: The City and County have been receiving this grant since 2005. City Council approved applying for this grant and the Interlocal Agreement between the City of San Angelo and Tom Green County for this grant on May 1, 2012. Financial Impact: Tom Green County and the City of San Angelo are awarded $25,924. $6,743 is for the County to purchase emergency light systems for vehicles and flashlights for Deputies. The remaining $19,181 will be utilized by the Police Department to purchase Child ID Kits, Radar Guns for patrol cars, and Laptops for the CID division. There is no match requirement for this grant. Related Vision Item (if applicable): N/A Other Information/Recommendation: Staff recommends approval. Attachments: Grant Agreement and Resolution
  81. Presentation:NonePublication: N/AReviewed by Service Area Director: Chief Tim Vasquez, Police Department, July 13, 2012
  82. Department of Justice Office of Justice Programs Bureau of Justice AssistanceOffice of Justice Programs Washington, D.C. 20531July 10, 2012Mr. Michael DaneCity of San Angelo115 W. 1st StreetP.O. Box 1751San Angelo, TX 76903Dear Mr. Dane:On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approvedyour application for funding under the FY 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program LocalSolicitation in the amount of $25,924 for City of San Angelo.Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative andfinancial requirements, including the timely submission of all financial and programmatic reports, resolution of all interimaudit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, youwill be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrativeaction as appropriate.If you have questions regarding this award, please contact: - Program Questions, Wendy Williams, Program Manager at (202) 514-7842; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov.Congratulations, and we look forward to working with you.Sincerely,Denise ODonnellDirectorEnclosures
  83. Department of Justice Office of Justice Programs Office for Civil Rights Washington, D.C. 20531July 10, 2012Mr. Michael DaneCity of San Angelo115 W. 1st StreetP.O. Box 1751San Angelo, TX 76903Dear Mr. Dane:Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding tocompliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justiceis responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence AgainstWomen (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes andregulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with JusticeDepartment funding.Ensuring Access to Federally Assisted ProgramsAs you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin,religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services orbenefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services orbenefits.Providing Services to Limited English Proficiency (LEP) IndividualsIn accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients ofFederal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limitedEnglish proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services toLEP individuals, please see the website at http://www.lep.gov.Ensuring Equal Treatment for Faith-Based OrganizationsThe Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, theregulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all JusticeDepartment Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agenciesto treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from makingaward or grant administration decisions on the basis of an organizations religious character or affiliation, religious name, or the religiouscomposition of its board of directors.The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherentlyreligious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separatelyfrom the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The EqualTreatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted todiscriminate in the provision of services on the basis of a beneficiarys religion. For more information on the regulation, please see OCRswebsite at http://www.ojp.usdoj.gov/ocr/etfbo.htm.State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of CrimeAct, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on thebasis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the ReligiousFreedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-basedorganizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religionwhen hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisionsby grantees.Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to thisOffice.
  84. Enforcing Civil Rights LawsAll recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number ofemployees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients thatare the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects anumber of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing servicesequitably to all segments of their service population and that their employment practices meet equal employment opportunity standards.Complying with the Safe Streets Act or Program RequirementsIn addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscriminationprovisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grantprogram requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of anEqual Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28C.F.R. §§ 42.205(5) or 31.202(5)). 1) Meeting the EEOP RequirementIn accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grantprogram requirements, your organization must comply with the following EEOP reporting requirements:If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-timeemployees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from thedate of this letter. For assistance in developing an EEOP, please consult OCRs website at http://www.ojp.usdoj.gov/ocr/eeop.htm. Youmay also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208.If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to preparean EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file andmake it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it toOCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount ofthe award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then yourorganization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form andreturn it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of DiscriminationIn the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against yourorganization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copyof the finding to OCR for review.Ensuring the Compliance of SubrecipientsIf your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of theapplicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings ofDiscrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grantassurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst
  85. Department of Justice Office of Justice Programs PAGE 1 OF 6 Bureau of Justice Assistance Grant 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2012-DJ-BX-0539 City of San Angelo 115 W. 1st StreetP.O. Box 1751 5. PROJECT PERIOD: FROM 10/01/2011 TO 09/30/2015 San Angelo, TX 76903 BUDGET PERIOD: FROM 10/01/2011 TO 09/30/2015 6. AWARD DATE 07/10/2012 7. ACTION 1A. GRANTEE IRS/VENDOR NO. 8. SUPPLEMENT NUMBER Initial 756000659 00 9. PREVIOUS AWARD AMOUNT $0 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $ 25,924 San Angelo City & Tom Green County FY 2012 JAG Project 11. TOTAL AWARD $ 25,924 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY12(BJA - JAG) 42 USC 3750, et seq. 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Denise ODonnell Michael Dane Interim City Manager Director 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. LDJUGT0424 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 25924OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.OJP FORM 4000/2 (REV. 4-88)
  86. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 2 OF 6 Grant PROJECT NUMBER 2012-DJ-BX-0539 AWARD DATE 07/10/2012 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70.OJP FORM 4000/2 (REV. 4-88)
  87. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 3 OF 6 Grant PROJECT NUMBER 2012-DJ-BX-0539 AWARD DATE 07/10/2012 SPECIAL CONDITIONS 8. The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/ccr.htm (Award condition: Central Contractor Registration and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 9. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 10. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events. Information on pertinent laws, regulations, policies, and guidance is available at www.ojp.gov/funding/confcost.htm. 11. The recipient agrees to comply with applicable requirements to report first-tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own operate in his or her name). 12. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income earned must be accounted for and used for the purposes of funds provided under this award, including such use being consistent with the conditions of the award, the effective edition of the OJP Financial Guide and, as applicable, either (1) 28 C.F.R. Part 66 or (2) 28 C.F.R Part 70 and 2 C.F.R. Part 215 (OMB Circular A-110). Further, the use of program income must be reported on the quarterly Federal Financial Report, SF 425.OJP FORM 4000/2 (REV. 4-88)
  88. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 4 OF 6 Grant PROJECT NUMBER 2012-DJ-BX-0539 AWARD DATE 07/10/2012 SPECIAL CONDITIONS 13. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.gov/BJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantees Existing Programs or Activities: For any of the grantees or its subgrantees existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 14. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 15. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJs Global Justice Information Sharing Initiative (DOJs Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: http://www.it.ojp.gov/gsp_grantcondition. Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.OJP FORM 4000/2 (REV. 4-88)
  89. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 OF 6 Grant PROJECT NUMBER 2012-DJ-BX-0539 AWARD DATE 07/10/2012 SPECIAL CONDITIONS 16. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal Financial Report (SF-425). 17. JAG funds may be used to purchase bulletproof vests for an agency, but may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. 18. The recipient agrees to submit a signed certification that that all law enforcement agencies receiving vests purchased with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for bulletproof vest purchases. This policy must be in place for at least all uniformed officers before any FY 2012 JAG funding can be used by the agency for bulletproof vests. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. 19. Bulletproof vests purchased with JAG funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards. In addition, bulletproof vests purchased with JAG funds must be American-made. The latest NIJ standard information can be found here: http://www.nij.gov/topics/technology/body-armor/safety-initiative.htm. 20. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 21. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1046. 22. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiarys religion. Notwithstanding any other special condition of this award, faith- based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equal_fbo.htm. 23. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance.OJP FORM 4000/2 (REV. 4-88)
  90. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 6 OF 6 Grant PROJECT NUMBER 2012-DJ-BX-0539 AWARD DATE 07/10/2012 SPECIAL CONDITIONS 24. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 25. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 26. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 27. Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports through GMS (https://grants.ojp.usdoj.gov). Consistent with the Departments responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJAs Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 28. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 29. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 30. The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task force training. The training is provided free of charge online through BJAs Center for Task Force Integrity and Leadership (www.ctfli.org). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information is available regarding this required training and access methods via BJAs web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).OJP FORM 4000/2 (REV. 4-88)
  91. Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531Memorandum To: Official Grant FileFrom: Orbin Terry, NEPA CoordinatorSubject: Incorporates NEPA Compliance in Further Developmental Stages for City of San AngeloThe Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments tosupport a broad range of activities to prevent and control crime and to improve the criminal justice system, some ofwhich could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPAand other related federal environmental impact analyses requirements in the use of grant funds, whether the fundsare used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any ofthe specified activities, the grantee must first determine if any of the specified activities will be funded by thegrant.The specified activities requiring environmental analysis are:a. New construction;b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area,including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or aproperty listed on or eligible for listing on the National Register of Historic Places;c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basicprior use or (b) significantly change its size;d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased asan incidental component of a funded activity and (b) traditionally used, for example, in office, household,recreational, or education environments; ande. Implementation of a program relating to clandestine methamphetamine laboratory operations, including theidentification, seizure, or closure of clandestine methamphetamine laboratories.Complying with NEPA may require the preparation of an Environmental Assessment and/or an EnvironmentalImpact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations,the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Planrequirements, please see http://www.ojp.usdoj.gov/BJA/resource/nepa.html.Please be sure to carefully review the grant conditions on your award document, as it may contain more specificinformation about environmental compliance.
  92. Department of Justice GRANT MANAGERS MEMORANDUM, PT. I: Office of Justice Programs PROJECT SUMMARY Bureau of Justice Assistance Grant PROJECT NUMBER PAGE 1 OF 1 2012-DJ-BX-0539This project is supported under FY12(BJA - JAG) 42 USC 3750, et seq.1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number) Wendy Williams Tim Vasquez (202) 514-7842 Chief of Police PO Box 1751 San Angelo, TX 76902-1751 (325) 657-43363a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE)BJA FY 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program4. TITLE OF PROJECT San Angelo City & Tom Green County FY 2012 JAG Project5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE City of San Angelo 115 W. 1st StreetP.O. Box 1751 San Angelo, TX 769037. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/01/2011 TO: 09/30/2015 FROM: 10/01/2011 TO: 09/30/20159. AMOUNT OF AWARD 10. DATE OF AWARD $ 25,924 07/10/201211. SECOND YEARS BUDGET 12. SECOND YEARS BUDGET AMOUNT13. THIRD YEARS BUDGET PERIOD 14. THIRD YEARS BUDGET AMOUNT15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). The city of San Angelo and county of Tom Green will support criminal justice initiatives. JAG funds will be used to purchase law enforcement equipment. The goals are to promote officer safety and improve the local criminal justice system. NCA/NCFOJP FORM 4000/2 (REV. 4-88)
  93. A RESOLUTION BY THE SAN ANGELO CITY COUNCIL ACCEPTING THE U.S. DEPARTMENT OF JUSTICE FY 2012 JUSTICE ASSISTANCE GRANT IN THE SUM OF TWENTY-FIVE THOUSAND NINE HUNDRED TWENTY FOUR AND NO/100 DOLLARS ($25,924.00), AND AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE SUCH GRANT AWARD AND RELATED DOCUMENTS AS MAY BE NECESSARY OR CONVENIENT FOR ACCEPTANCE OF THE GRANT WHEREAS, the City of San Angelo applied for and has been awarded jointly withTom Green County a U.S. Department of Justice FY 2012 Edward Byrne MemorialJustice Assistance Grant (JAG) in the amount of Twenty-Five Thousand Nine HundredTwenty Four and No/100 Dollars ($25,924.00) for purposes of funding local initiatives,technical assistance, training, personnel, equipment, supplies, and contractual support;and, WHEREAS, the portion of the award to be received by the City of San Angelo isNineteen Thousand One Hundred Eighty-One and No/100 Dollars ($19,181.00); and, WHEREAS, the grant application and award is recurring and has been acceptedand so utilized in the past: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SANANGELO, TEXAS THAT: That the award of the U.S. Department of Justice FY 2012 Justice AssistanceGrant jointly to the City of San Angelo and Tom Green County in the sum of Twenty-Five Thousand Nine Hundred Twenty Four and No/100 Dollars ($25,924.00), NineteenThousand One Hundred Eighty-One and No/100 Dollars ($19,181.00) of which will bereceived by the San Angelo Police Department, is hereby accepted. The Interim CityManager or his designee is hereby authorized to execute such grant award and relateddocuments as may be necessary or convenient to accept the grant funds and providefor their application for the purposes stated. PASSED and APPROVED THIS DAY OF , 2012. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMTim Vasquez Lysia H. Bowling
  94. Chief of Police City Attorney
  95. City of San AngeloMemo Date: June 29, 2012 To: Mayor and Councilmembers From: Chief Dunn, Fire Department Subject: Agenda Item for August 7, 2012 Council Meeting Contact: Brian Dunn, Fire Department, (325) 657-4355 Caption: Consent Agenda Item Consideration of Approving Contract for Medical Director and allow the Interim City Manager to execute all related documents Summary: This is a contract for Medical Director for the San Angelo Fire Department ambulance services. The Medical Director will be responsible for writing and maintaining our protocols that are used on emergency runs. The Medical Director will also be responsible for providing some hands on training each month. State law requires a doctor to sign off on our advanced protocols. The San Angelo Fire Department sent out a RFB. Dr. Seifert was the only respondent. Dr. Seifert has been the Medical Director for the San Angelo Fire Department for the last 4 years and it has been a good partnership. This contract will provide for him to be an independent contractor. History: None Financial Impact: $18,000 annually plus reimbursement for Malpractice EMS insurance (approximately $5,000). Total cost approximately $23,000. Funds will come from the Fire Department Operations Budget. These costs are already budgeted. Related Vision Item (if applicable): None Other Information/Recommendation: The San Angelo Fire Department Recommends Approval. Attachments: Contract and Resolution Presentation: None Publication: None Reviewed by Service Area Director: Brian Dunn, Fire Department, June 29, 2012
  96. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO APPROVING A PROFESSIONAL SERVICES “MEDICAL DIRECTOR AGREEMENT” WITH DR. STEVEN SEIFERT TO PROVIDE SERVICES AS THE EMERGENCY MEDICAL SERVICES DIRECTOR FOR THE CITY OF SAN ANGELO FIRE DEPARTMENT, AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, the City of San Angelo Fire Department (SAFD) provides foremergency medical services (EMS) through the use of trained paramedics; and, WHEREAS, the SAFD program requires the hiring of a Fire DepartmentEmergency Medical Director; and, WHEREAS, the City has previously entered into agreements with Dr. StevenSeifert to act as the SAFD Emergency Medical Director; and, WHEREAS, Dr. Steven Seifert is qualified to perform the services of EmergencyMedical Director and has professionally performed those services in the past; and, WHEREAS, the SAFD and City of San Angelo desire to enter into a MedicalDirector Agreement with Dr. Steven Seifert to provide services as the SAFD EmergencyMedical Director for three years with provision for an extension of an additional threeyears; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THECITY OF SAN ANGELO, TEXAS THAT: The Medical Director Agreement between the City of San Angelo and Dr. StevenSeifert in the form of Exhibit “A” attached to this resolution is hereby approved; and, theInterim City Manager is hereby authorized and directed to execute said Agreement onbehalf of the City. PASSED and APPROVED THIS DAY OF , 2012. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMBrian Dunn, Fire Chief Lysia H. Bowling, City Attorney
  97. EXHIBIT “A” MEDICAL DIRECTOR AGREEMENT The City of San Angelo, a Texas municipal corporation, (“CITY”), acting byand through its duly authorized Interim City Manager, Michael Dane, and Dr.Steven Seifert, M.D. (“MEDICAL DIRECTOR”), in consideration of the mutualpromises expressed in this Agreement, agree as follows: ARTICLE 1. Scope of WorkThe CITY hereby engages the services of MEDICAL DIRECTOR as EmergencyMedical Services Director for the City of San Angelo’s Fire Department. TheMEDICAL DIRECTOR shall have overall medical responsibility for the planning,implementation, training, operation and monitoring of the City’s pre-hospitalemergency and medical services as more specifically provided in the attachedAddendum “A” entitled Schedule of Services which is incorporated herein for allpurposes. His services shall be performed under the direction of and subject tothe approval of the Fire Chief of the City. The MEDICAL DIRECTOR shallperform his work in conjunction with such other City personnel and officials asmay be named by the Fire Chief. The Medical Director is responsible for alllicenses and certificates necessary to carry out the specifications outlined in theAddendum. The City shall provide no additional compensation or reimbursementfor such expenses. ARTICLE 2. TermThe term of this Agreement shall be two (2) years commencing on August 1,2012, and continuing through July 30, 2015. The parties, by mutual consent, mayextend the Agreement for an additional three (3) years. ARTICLE 3. CompensationThe compensation shall be Twenty-three Thousand and No/100 Dollars($23,000.00) per annum year payable in twelve (12) equal payments of OneThousand Nine Hundred Sixteen and 67/100 Dollars ($1,916.67), payable on thefifteenth (15th) day of each month beginning August 15, 2012 and continuing untilthe Agreement expires by its own terms or is terminated as authorized below. ARTICLE 4. InsuranceGeneral Conditions. The following conditions shall apply to all insurance policiesobtained by MEDICAL DIRECTOR for the purpose of complying with thisAgreement.
  98. 4.1 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.4.2 Named Insureds. All insurance policies required herein shall be drawn in the name of MEDICAL DIRECTOR, with CITY named as additional insureds, except on Workers’ Compensation coverage.4.3 Waiver of Subrogation. MEDICAL DIRECTOR shall require its insurance carrier(s), with respect to all insurance policies, to waive all rights of subrogation against CITY, its councilmembers, board and commission members, officials, agents, guests, invitees, consultants and employees.4.4 Certificates of Insurance. At or before the time of execution of this Agreement, MEDICAL DIRECTOR shall furnish CITY’s Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverages and limits of insurance. All certificates of insurance shall clearly state that all applicable requirements have been satisfied. The certificates shall provide that any company issuing an insurance policy shall provide to CITY not less than thirty (30) days advance notice in writing of cancellation, non-renewal or material change in the policy of insurance. In addition, MEDICAL DIRECTOR 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 West College, San Angelo, Texas 76903.4.5 Types and Amounts of Insurance Required. MEDICAL DIRECTOR shall obtain and continuously maintain in effect at all times during the term hereof, at MEDICAL DIRECTOR’S sole expense, insurance coverages as follows with limits not less than those set forth below: 4.5.1 Medical Professional Liability Insurance a. $ 200,000 per claim b. $ 600,000 aggregate 4.5.2 Medical Director Professional Liability Insurance a. $ 500,000 per claim b. $ 1,000,000 aggregate
  99. ARTICLE 5. Status of PartiesThe parties to this Agreement agree that MEDICAL DIRECTOR is providingprofessional services and that this Agreement calls for the performance of theservices of MEDICAL DIRECTOR as an independent contractor and not as anemployee of CITY. ARTICLE 6. IndemnificationMEDICAL DIRECTOR agrees to defend, indemnify and hold the CITY harmlessfor any loss sustained by the CITY as a result of a claim or suit by a third partyclaimant to the extent that such a loss is the result of negligence, bad faith, orother fault of the MEDICAL DIRECTOR. The MEDICAL DIRECTOR furtheragrees to perform the services with that standard of professional care, skill anddiligence normally provided in the performance of like or similar services. Nothingherein shall require the Medical Director to indemnify, defend or hold harmless the City forclaims or liabilities resulting from the negligent acts or omissions of the City or itsemployees; or to indemnify, defend or hold harmless any indemnified party for theindemnified party’s own gross negligence or willful misconduct. ARTICLE 7. AmendmentThis Agreement shall not be amended or modified other than in a writtenAgreement signed by both parties. ARTICLE 8. AssignmentThis Agreement shall not be assigned, without consent of CITY. ARTICLE 9. Termination/NoticeEither party may terminate this Agreement by giving the other party a thirty (30)day written notice. Furthermore, this Agreement may be canceled at any time bymutual agreement.Notice to CITY shall be mailed to: City of San Angelo Attn: City Manager 72 W. College Ave. San Angelo, Texas 76902Notice to MEDICAL DIRECTOR shall be mailed to: Dr. Steven Seifert, M.D. 120 E. Harris Avenue San Angelo, Texas 76903
  100. Any written notice under this Agreement shall become effective as of the date ofmailing by registered or certified mail and shall be deemed sufficiently given ifsent to the party at the address stated in this Agreement or such other addressas may be specified by notice in writing. ARTICLE 10. Controlling LawThis Agreement shall be deemed to be made under, governed by, and construedin accordance with the laws of the State of Texas. ARTICLE 11. VenueVenue shall be in Tom Green County, Texas. ARTICLE 12. SeverabilityIf any provision of this Agreement shall be construed to be illegal or invalid, itshall not affect the legality or validity of any of the other provisions hereof, andthe illegal or invalid provision(s) shall be deemed stricken and deleted from thisAgreement to the same extent and effect as if never incorporated, but all otherprovisions shall continue. ARTICLE 13. Exclusive Right to Enforce this Agreement.Both parties have exclusive right to bring suit to enforce this Agreement, and no
  101. party may bring suit as a third-party beneficiary for enforcement.IN WITNESS WHEREOF, the parties hereto have executed this Medical DirectorAgreement on this the ____ of ________________, 2012, in duplicate originals.CITY OF SAN ANGELO MEDICAL DIRECTORBy: Michael Dane, Interim City Manager Dr. Steven Seifert, M.D.ATTEST:By: Alicia Ramirez, City ClerkAPPROVED AS TO CONTENT: APPROVED AS TOFORM:_____________________________________________________Brian Dunn, Fire Chief Lysia H. Bowling, CityAttorneyAPPROVED AS TO INSURANCE:___________________________John Seaton, Risk Manager
  102. “Addendum A” to Agreement between the City of San Angelo and Dr. Steven Seifert, M.D. Schedule of Services and ResponsibilitiesA. MEDICAL DIRECTOR shall provide the following services : 1. Train and/or be actively involved with the continuing education of EMS personnel under his direct supervision. 2. Perform medical audits, reviews, and critiques of the performance of EMS personnel under his direct supervision. 3. Be actively involved in the administrative and legislative environments affecting regional and/or state prehospital EMS organizations. 4. Be knowledgeable about local multi-casualty plans. 5. Approve the level of prehospital care which is rendered by each of the EMS personnel employed by CITY under the Medical Director’s supervision, regardless of the level of state certification or licensure, before the certificant or licensee is permitted to provide such care to the public. 6. Establish and monitor compliance with field performance guidelines for EMS personnel. 7. Establish and monitor compliance with training guidelines which meet or exceed the minimum standards set forth in the Texas Department of Health EMS certification regulations. 8. Develop, implement, and revise protocols and/or standing delegation orders, if appropriate, governing prehospital care and medical aspects of patient triage, transport, transfer, dispatch, extrication, rescue, and radio- telephone-telemetry communication by EMS. 9. Direct an effective system audit and quality assurance program. 10. Determine standards and objectives for all medically related aspects of operation of the EMS including the inspection, evaluation, and approval of the system’s performance specifications. 11. Function as the primary liaison between the EMS administration and the local medical community, ascertaining and being responsive to the needs of each. 12. Inform the Fire Chief if the Medical Director finds cause to withdraw responsibility for EMS personnel for noncompliance with the Emergency Medical Service Act, the Health and Safety Code, Chapter 773, the rules adopted in Texas Administrative Code Title 22, Part 9, Chapter 197, and/or accepted medical standards and remedial action by the Fire Department is not effective. 13. Recommend appropriate remedial or corrective measures for EMS personnel, in conjunction with local EMS administration, which may include, but are not limited to, counseling, retraining, testing, probation, and/or field preceptorship. 14. Suspend a certified EMS individual from medical care duties for due cause pending review and evaluation.
  103. 15. Establish the circumstances under which a patient might not be transported. 16. Establish the circumstances under which a patient may be transported against his or her will in accordance with state law, including approval of appropriate procedures, forms, and a review process. 17. Establish criteria for selection of a patient’s destination. 18. Develop and implement a comprehensive mechanism for management of patient care incidents, including patient complaints, allegations of substandard care, and deviations from established protocols and patient care standards.(All the above is excerpted from the Texas Administrative Code Title 22,Part 9, Chapter 197, Examining Board Texas Medical Board EmergencyMedical Service and is required of the Medical director by state law) 19. Assist the EMS Coordinator and EMS Committee with the development and revision of policies and procedures of pre-hospital care, patient triage, transport, transfer, dispatch, education, development, and training by system credentialing process. 20. Prepare and present classroom training activities. It is expected that the Medical Director will spend a minimum average of ten (10) hours per month on this type of training. 21. Assist with development and oversight of first responders, ambulance services, police SWAT medical procedures and protocols, and on-line and off-line medical control as requested by the Fire Chief. 22. The Medical Director shall implement a schedule of direct personal observation of ambulance and first responder operations. The Medical Director may respond to emergency medical calls as part of his responsibilities for performance monitoring and quality assurance of the EMS system. The Medical Director may elect to respond to initial calls for: cardiac arrest, respiratory arrest, and choking, drowning, loss of consciousness, gunshot/stabbing, aircraft crash, multiple casualty incidents, motor vehicle vs. pedestrian, electrocution, motorcycle crash, or serious trauma. He may also elect to respond as the call evolves into respiratory/cardiac arrest, loss of consciousness, triage code red or blue, additional units requested code 3, or physician assistance is requested. Nothing herein shall be understood to require or permit the Medical Director to disregard traffic rules and speed limits when he elects to respond to an emergency medical call. 23. If present, the Medical Director is the ultimate medical authority but such authority is limited to medical oversight and all other recommendations will be made to Incident Commanders, Fire Department officers, or other City of San Angelo authorities as appropriate. 24. The Medical Director will conduct ongoing review of EMS protocols, review of written documentation, and schedule direct personal observation. At the request of the Medical Director, the Fire Chief will conduct an investigation into specific cases because of questions or complaints by the patient, EMT involved, the public, or medical professionals. If an audit or investigation indicates a performance
  104. discrepancy, the Medical Director may suggest appropriate steps to be taken to prevent repetition.B. The Medical Director shall: (1) be under the direction of the Chief of the San Angelo Fire Department or his designee; (2) work in conjunction with the Fire Chief, Assistant Chiefs, the EMS coordinator, and EMS committee; (3) comply with all federal, state, and local laws and regulations and follow the policies, rules, and regulations of the City of San Angelo and the San Angelo Fire Department.C. If any portion of sections A or B of this Addendum “A” conflict with the federal,state or local laws or regulations, the law or regulation shall control.
  105. City of San AngeloMemo Meeting Date: July 17, 2012 To: City Council members From: Kevin Boyd, Planner Subject: Z 12-06: Willie Boulden, a request for approval of a zone change from a combination of General Commercial/ Heavy Commercial (CG/CH) and Two-Family Residential (RS-2) to Neighborhood Commercial (CN) to allow for the planned expansion of St. Paul Baptist Church on the following properties: Location: 1011 Martin Luther King Drive, located at the intersection of Martin Luther King Drive and West 11th Street, more specifically occupying the Miles Addition, Block 66 S/2 of E 150 feet of Block 66; Block 65, Lots 18 and 19, in central San Angelo. Purpose: Approval of this request would zone the property to Neighborhood Commercial (CN) Contacts: Willie Boulden 325-655-3498 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 Z 12-06: Willie Boulden 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: 1011 Martin Luther King Drive, located at the intersection of Martin Luther King Drive and West 11th Street, more specifically occupying the Miles Addition, Block 66 S/2 of E 150 feet of Block 66; Block 65, Lots 18 and 19, in central San Angelo, changing the zoning classification from a
  106. combination of General Commercial/ Heavy Commercial (CG/CH) and Two-Family Residential (RS-2) to Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Summary: The City Council may: (1) approve the proposed zone change; or (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 Zoning Classification to Neighborhood Commercial (CN). On June 18, 2012, the Planning Commission recommended approval of this request by a vote of 4-0.History and Background: General Information Existing Zoning: General Commercial/Heavy Commercial (CG/CH) and Two-Family Residential (RS-2) Existing Land Use: A church and a mixture of surface parking and undeveloped commercial and residential lots that are accessory to the church Surrounding Zoning/Land Use: North: RS-2 & CG/CH Businesses, storage area, a clinic, and residences West: RS-2 & CG/CH Residences and vacant commercial property South: RS-2 Residences East: RS-2 & CG/CH Residences and surface parking Thoroughfares/Streets: The segment of Martin Luther King Drive between W 12th Street and W 10th Street is defined as a “collector street”, which is designed to connect local traffic to arterials and generally carries traffic at a moderate rate of speed. W 12th, W 11th, and W 10th Streets between Wright Street and Martin Luther King Drive are defined as a
  107. “local streets,” which carries light neighborhood traffic at lower speeds and generally connects to collector streets. Local streets are not designed to carry large volumes of traffic.Zoning History: No previous zoning cases on this property.Applicable Regulations: Any time a commercial use abuts a residential district or use, an opaque privacy fence is requiredDevelopment Standards: All required off-street parking and the connection(s) to a public right-of-way are required to be paved.Vision Plan Map: Neighborhood CenterRelated Comp Plan Excerpts: “Commercial properties tend to be organized in a single use, isolated pattern of development. This form generates little synergy between businesses and land uses and often results in incompatibility.” “All residents within each neighborhood boundary should be able to meet their daily needs within a reasonable and accessible distance from their home.” “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.” “Establish transition areas between commercial areas and nearby neighborhoods.” “Organize commercial uses in nodes to avoid deteriorating corridors.” "Replace all CG/CH zoning on commercial corridors with better-specified zoning classifications that prohibit incompatible uses." "Establish transition areas to better "scale- down" intensity of use from commercial centers to neighborhoods."
  108. Special Information Traffic Concerns: Changing the zoning from a combination of General Commercial/ Heavy Commercial (CG/CH) and Two- Family Residential (RS-2) to Neighborhood Commercial (CN) will allow traffic patterns to be maintained. Martin Luther King Drive is designed to accommodate appropriate commercial traffic. Parking Requirements: Varies depending upon the use of the property. Parking Provided: Approximately 64 parking spots are provided on the lots. Density: The subject area largely contains low-density commercial and residential developments, along with some vacant lots. The Vision Plan calls for portions of Martin Luther Drive (particularly the identified subject property) to be designated as Neighborhood Center, with established neighborhoods along a segment of Wright Street and along Farr and N Irving Streets (See attached map). Notification Required: Yes Notifications Sent: 40 Responses in Favor: 0 Responses in Opposition: 1Analysis: 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.
  109. 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 from a combination of General Commercial/HeavyCommercial (CG/CH) and Two-Family Residential (RS-2) to Neighborhood Commercial(CN) is consistent with the "Neighborhood Center" concept indicated in the 2003Comprehensive Plan, which reflects the most desirable transition for sustainabledevelopment in the area.The subject properties have frontage along Martin Luther King Drive between W 12thand W 10th Streets, portions also face W 11th and W 10th Streets. The current zonetypes are CG/CH along Martin Luther King Drive and Two-Family Residential for theproperties facing W 11th Street. CG/CH zoning, as referenced on the map below,dominates as the main land use classification for properties abutting Martin Luther KingDrive, north of W Houston Harte Expressway. Arguably, such broad and expansiveswaths of land devoted to commerce (rather than a concentrated approach) has greatlylessened the viability of the area and constrained neighborhood development.The churchs desire to expand their place of worship initiated the zone change request,as Two-Family Residential (RS-2) only allow religious institutions as a conditional use.With the option at hand, either to build with a conditional use or request for a zonechange, the churchs decided to pursue a zone change. After some discussion onappropriate uses for the area, the representative and Planning staff came to theagreement that the designation of Neighborhood Commercial (CN) would allow for theexpansion of their place of worship and support orderly development within thecommunity.Planning staff favors the Neighborhood Centers concept, adopted in theComprehensive Plan, over CG/CH, because it emphasizes smaller neighborhood-oriented businesses that blend in with the surrounding properties, rather than the widevariety of heavier-intensity uses like warehouse and freight movement, vehicle repair,and industrial services. With this concept, single-family residential serves as the primarycomponent of the neighborhood and which is focused around a community node, suchas churches, shops, and schools. Staff believes that maintaining the properties asGeneral Commercial/Heavy Commercial (CG/CH) zoning is bad for the area and
  110. negatively affects the sustainability of the community. It also is a contributor to theweakening of an important corridor (Martin Luther King Drive) and the eroding ofresidential enclaves. This change in zoning also provides the church with the addedbenefit of having one zoning classification for their entire property, rather than havingtwo very different sets of standards to guide their development. This zoning district alsocomes with a Floor Area Ratio (FAR) that would allow not only this proposed addition,but room to grow in the future. It is a restorative move that not only aids the church intheir expansion, but also benefits the greater neighborhood, which has been subjectedto the encroachment of much heavier zoning over time.Proposed Conditions N/AAttachments: 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; citizen response; draft minutes from June 18th Planning Commission meeting; and draft ordinance.Presentation: AJ Fawver, Planning ManagerReviewed by: AJ Fawver, Planning Manager (06/13/2012)
  111. Requests for zone change. [Planning Commission makes recommendation; CityCouncil has final authority for approval.] A. Z 12-06: Willie Boulden A request for approval of a zone change from a combination of General Commercial/ Heavy Commercial (CG/CH) and Two-Family Residential (RS- 2) to Neighborhood Commercial (CN) to allow for the planned expansion of St. Paul Baptist Church, a "Religious Institution" on the following properties: 1011 Martin Luther King Drive, located at the intersection of Martin Luther King Drive and West 11th Street, more specifically occupying the Miles Addition, Block 66 S/2 of E 150 feet of Block 66; Block 65, Lots 1 thru 6 and E/2 of Lot 7; Block 66 N/2 of E 150 feet of Block 66; Block 65, Lots 18 and 19, in central San Angelo. Kevin Boyd, Planner, came forward to present this item, consistent with the staff recommendation of approval. Forty notifications were sent out, with one received in opposition of the request. Mr. Boyd distributed this notification to the Commission members for their review. Mr. Boyd described the area in question, as well as the surrounding zoning. The property is currently zoned a combination of CG/CH and RS-2. Martin Luther King Drive is a long strip of CG/CH zoning. The Vision Plan map component of the Comprehensive Plan calls for "neighborhood center" at this location. "Neighborhood Center" typically means a mix of very low-intensity uses that blend well with residential uses. Mr. Boyd reviewed the options for the Planning Commission as well as the staff recommendation. The criteria for zone change are outlined in the Zoning Ordinance. Mr. Boyd reviewed these briefly. The state of CG/CH corridors has long been a subject for San Angelo, as illustrated in the Comprehensive Plan, updated in 2009. The zoning is less intensive, and allows smaller neighborhood-oriented businesses, resulting in orderly development. The CN zoning also has a Floor Area Ratio (FAR) that is higher, allowing for future church expansion. Bill Wynne asked about where the actual expansion will be taking place. Staff showed where the expansion will take place, as well as where the letter of opposition was originated from. The Commission members asked questions about the choice for CN and the ownership of the zoning in this area and the way that staff came to the recommendation for CN zoning. Herb Hooker, with SKG Engineering, came forward to answer any questions that there might be. Willie Boulden, the chairperson of the board for the proponent, came forward to speak on behalf of the proponent and in favor of the zone change in order to proceed with renovations and expansion that is planned. Jennifer Boggs asked if the church had spoken with the neighborhood around the church property. They did not, as they are simply utilizing property that they already own in order to better the neighborhood. Residents of the neighborhood sometimes park in their parking lot.
  112. The one house that they expected an objection from, that was immediatelysurrounded on two sides by the church property, indicated to the church that theywere not in opposition. The chairman asked about the increased traffic in the areaas a result, which was a concern of the property owner writing in in objection. Mr.Boulden stated that the church was not increasing their activities and that theirplayground area was fenced; however, activities throughout the week are notplanned.Jerry Sea, a member of the church, came to speak in favor of this request. Hespoke to the churchs role in growing with the community in a way that is productiveand will be good for San Angelo. He stated that he hoped their vision was shared bythe Commission.No one else came forward to speak.Joe Grimes asked about the corner of West 10th and the residence that sits there.Mr. Boyd stated that the residential owner did not respond to the notification thatwent out.Patricia Clay, the trustee for the church, came forward to state that this residence isa rental property and the owner is well aware of what is happening.Motion, to approve, was made by Joe Grimes and seconded by Bill Wynne. JenniferBoggs encouraged the proponent to visit with the neighbors in the immediate vicinityto make sure they are all informed of what is planned for the location. The motionpassed unanimously, 4-0.
  113. 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: 1011 Martin Luther King Drive, located at the intersection of Martin Luther King Drive and West 11th Street, more specifically occupying the Miles Addition, Block 66 S/2 of E 150 feet of Block 66; Block 65, Lots 18 and 19, in central San Angelo, changing the zoning classification from a combination of General Commercial/ Heavy Commercial (CG/CH) and Two-Family Residential (RS-2) to Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: Z 12-06: Willie Boulden WHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; 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 enactedby the governing body for the City of San Angelo on January 4, 2000 and included withinChapter 12 of the Code of Ordinances for the City of San Angelo, be and the same ishereby amended insofar as the property hereinafter set forth, and said ordinance generallyand the zoning map shall be amended insofar as the property hereinafter described: 1011Martin Luther King Drive, located at the intersection of Martin Luther King Drive andWest 11th Street, more specifically occupying the Miles Addition, Block 66 S/2 of E150 feet of Block 66; Block 65, Lots 18 and 19, in central San Angelo shall henceforthbe permanently zoned as follows: Neighborhood Commercial (CN) District.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove describedproperty shall be subject to all applicable regulations contained in Chapter 12 of the Code ofOrdinances for the City of San Angelo, as amended.
  114. 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 17th day of July, 2012 and finally PASSED, APPROVED ANDADOPTED on this the 7th day of August, 2012. THE CITY OF SAN ANGELO by:____________________________________ Alvin New, MayorATTEST:by:________________________________ Alicia Ramirez, City Clerk
  115. Approved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  116. City of San AngeloMemo Meeting Date: July 17, 2012 To: City Council members From: Kevin Boyd, Planner Subject: TLC Way, a request for changing the name of Barry Avenue, which extends from Glenna Street to Howe Street, to TLC Way. Purpose: Approval of this request would allow for the renaming of Barry Avenue to TLC Way. Contacts: Kevin Boyd, Planner 325-657-4210 Caption: First Public Hearing and consideration of an Ordinance changing the name of Barry Avenue, extending from Glenna Street to Howe Street, to TLC Way. AN ORDINANCE TO CHANGE THE NAME OF A CERTAIN STREET SEGMENT TO WIT: Barry Avenue to TLC Way, over the complete length of this streets right-of-way between Glenna Street and Howe Street, in central San Angelo; AND PROVIDING AN EFFECTIVE DATE Background: Barry Avenue is a street that connects Howe Street, a local street bordering a residential neighborhood, to Glenna Street, a minor arterial street which connects the western part of San Angelo to the northern part of the city. It runs parallel to Houston Harte Expressway, and has been in existence since 1987, when it was created as part of the Houston-Harte Commercial Park, Section One.
  117. Summary: The City Council may: 1. Approve the proposed street name change; or 2. Deny the proposed street name change.Recommendation: Planning staff recommends approving the proposed street namechange.On June 18, 2012, the Planning Commission recommended approval of this request bya vote of 4-0.Additional InformationWhen examining requests for street name changes, a continuation of a street inquestion that has an offset in extension, is generally examined to determine if a changein street name could create confusion for motorists or emergency services personnel.When this area was subdivided in 1987, there was recommendation by the Planningstaff for this short segment of Houston Street to be closed, as the remainder of Block 69(created by the acquisition of property for Houston Harte Expressway) would be verydifficult to build upon. City staff has conducted research and, while it appears that thissegment of Houston Street was abandoned, more legwork is necessary before we canconclude that absolutely.The proponent is TLC Academy, who has acquired the large warehouse building(formerly R.G. Barry) for expansion of their school facilities. The school desires to havethis short, one-block segment (the entirety of Barry Avenue) named after their school.Of the six tracts that have frontage along the street segment in question, only three areaddressed off of Barry Avenue, meaning that only three parcels will be affected directlyby a change of address. These are as follows: 3301 Barry Avenue Building to be occupied by the proponent, TLC 3339 Barry Avenue Building owned by H E Building Management 3351 Barry Avenue City of San Angelo fire stationThe 911 Addressing Coordinator had no issue with the proposed street name change,as it is not similar to other streets throughout the community or in unincorporated TomGreen County. Lastly, this street does not continue elsewhere in the city, and as suchdoes not create issues that could be problematic under those circumstances. Traffic Concerns: Designated as a local street, experiences little traffic at lower speeds Density: Predominately low density commercial and vacant lots.
  118. Notification Required?: Yes Notifications Sent: 4 Responses in Favor: 0 Responses in Opposition: 0Proposed Conditions N/AAttachments: excerpt from zoning map, showing the general location within the City of San Angelo; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; draft minutes from June 18th Planning Commission meeting; and draft ordinance.Presentation: AJ Fawver, Planning ManagerReviewed by: AJ Fawver, Planning Manager (06/13/12)
  119. A. Barry Avenue from Glenna Street to Howe Street: Angelo Christian Ministries Request to formally change the name of Barry Avenue, which currently extends from Glenna Street to Howe Street, to TLC Way.Kevin Boyd, Planner, came forward to present this request, consistent with the staffrecommendation of approval. Seven notifications were sent out on the request, withzero returned either in favor or in opposition. Mr. Boyd described the street networkin the immediate area. Barry Avenue is a local street with connects Howe Street toGlenna Street. The street segment in question is surrounded by both CG andCG/CH zoning. Mr. Boyd described the properties that are in the immediate vicinityof the street segment in question. Mr. Boyd informed the staff that TLC Academyacquired the former R.G. Barry property for school expansion. Three parcels, whichare already addressed off of Barry Avenue, are directly affected by this request forstreet name change. Other parcels along Barry Avenue are not currently addressedor developed. Mr. Boyd described the examination staff usually looks at whenconsidering a street name change, namely the confusion of motorists and 911addressing issues.The Chairman asked some questions of staff relating to their opinions on the streetname change.There was no public comment on this item.Motion, to approve, was made by Bill Wynne and seconded by Joe Grimes. Themotion passed unanimously, 4-0.
  120. AN ORDINANCE CHANGING THE NAME OF BARRY AVENUE, EXTENDING FROM ITS INTERSECTION WITH GLENNA STREET ON THE WEST TO ITS INTERSECTION WITH HOWE STREET ON THE EAST, FROM “BARRY AVENUE” TO “TLC WAY”; AND, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Houston-Harte Commercial Park serves as an area of commerce for the Cityof San Angelo; and, WHEREAS, Angelo Christian Ministries, INC. TLC purchased a new building along thestreet to expand their services; and, WHEREAS, Angelo Christian Ministries seeks to rename “Barry Avenue” to “TLCWay”, for the purposes of outreach and inclusion on their invitational map. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: Section 1. That Barry Avenue, extending from its intersection with Glenna Street onthe West to its intersection with Howe Street on the East, be re-named and is hereby named:“TLC Way”. Section 2. That this ordinance shall become effective from and after the date of itsadoption.INTRODUCED on the 17th day of July, 2012 and finally PASSED, APPROVED ANDADOPTED on this 7th day of August, 2012. THE CITY OF SAN ANGELO Alvin New, MayorATTEST Alicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMA.J. Fawver, Planning Manager Lysia H. Bowling, City Attorney
  121. AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.200 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, AUTHORIZING A SPEED LIMIT CHANGE FROM 30 M.P.H. TO 35 M.P.H. ON FOSTER ROAD BEGINNING AT THE INTERSECTION OF FOSTER ROAD AND SUNSET BOULEVARD EXTENDING SOUTH EIGHT THOUSAND TWO HUNDRED EIGHTY-FIVE FEET (8,285’) THROUGH THE CUL-DE-SAC AT THE SOUTHERNMOST END OF FOSTER ROAD, PROVIDING FOR A PENALTY, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, On February 7, 2012, the San Angelo City Council authorized andapproved an increase in the prima facie speed limit, pursuant to state law and based uponan engineering and traffic study, on a portion of Ben Ficklin Road from thirty (30) miles perhour to thirty-five (35) miles per hour. NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: 1) THAT, no person shall operate or drive any motor vehicle on the streetsdesignated below and located within the Corporate City Limits at a speed greater than thatset forth below: BEN FICKLIN ROAD/FOSTER ROAD 35 M.P.H. as follows: (A) Ben Ficklin Road beginning at the intersection of Foster Road andSunset Boulevard, extending south eight thousand two hundred eighty-five feet (8,285’)through the cul-de-sac at the southernmost end of Foster Road. 2) THAT, the following severability clause is hereby adopted with this amendment: SEVERABILITY: That the terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. 3) THAT, the following penalty clause is hereby 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 this Code. Each day of such violation shall constitute a separate offense.
  122. 4) THAT, this Ordinance shall be effective on, from and after the _____ day of___________, 2012. INTRODUCED on the day of , 2012, and finally PASSED,APPROVED and ADOPTED on this the day of , 2012. CITY OF SAN ANGELOATTEST: Alvin New, MayorAlicia Ramirez, City ClerkApproved as to Content: Approved as to Form:Clinton Bailey, City Engineer Lysia H. Bowling, City Attorney
  123. Community and Economic Development DepartmentMemo Date: August 3, 2012 To: Mayor and Councilmembers From: Clinton Bailey, City Engineer Subject: Agenda item for July 17, 2012 City Council Meeting Contact: Clinton Bailey, Engineering Services, 657-4203 Caption: Regular First public hearing and introduction of an Ordinance amending Chapter 10, Article 10.200 of the Code of Ordinances, City of San Angelo, Texas authorizing a speed limit change from 30 mph to 35 mph on Foster Road beginning at the intersection of Foster Road and Sunset Boulevard extending south 8,285 feet through the cul-de-sac at the southernmost end of Foster Road Summary: This item was originally requested by Councilman Alexander for consideration of changing the speed limit on Foster Road from the Loop 306 frontage road south through the Butler Farms Subdivision from 30 mph to 35 mph. History: In late 2010, Councilman Alexander requested that Engineering Services take traffic counts on Foster Road to determine whether increasing the posted speed limit on Foster Road would be feasible. Engineering Services staff took traffic counts, performed an analysis of this area and presented their findings to the City Council during their regular meeting on June 28, 2011. After much discussion, the City Council voted 6-1 not to change the speed limit on Foster Road. As requested by Councilman Alexander, Engineering Services extended the length of their study area to include the segment of Foster Road from the south Loop 306 frontage road north to Sunset Boulevard. On February 7, 2012 Engineering Services presented their findings to the City Council. After some discussion, the City Council voted 6-1 in favor of changing the speed limit on Foster Road. Financial Impact: n/a Related Vision Item n/a (if applicable): Other Information/ Recommendation: n/a
  124. Attachments: Proposed OrdinancePresentation: City staffPublication: n/aReviewed by Shawn Lewis, Director of Community and Economic Development, July 3, 2012Director:Approved by Legal:
  125. City of San AngeloMemo Date: June 29, 2012 To: Mayor and Councilmembers From: Carl White, Parks and Recreation Director Subject: Agenda Item for July 17, 2012 Council Meeting Contact: Carl White, 234-1724 Caption: Regular Item First public hearing and introduction of an Ordinance amending Chapter 2 of the City of San Angelo Code of Ordinances, repealing Ordinances creating the Recreation Advisory and Senior Advisory Boards and enacting a new Article 2.2600 creating a Parks and Recreation Advisory Board. AN ORDINANCE AMENDING CHAPTER 2 “ADMINISTRATION,” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, BY REPEALING ARTICLE 2.2900 ENTITLED “SENIOR SERVICES ADVISORY BOARD” IN ITS ENTIRETY; REPEALING ARTICLE 2.2600 ENTITLED “RECREATION BOARD” IN ITS ENTIRETY AND ENACTING A NEW ARTICLE 2.2600 ENTITLED “PARKS & RECREATION ADVISORY BOARD,” PROVIDING FOR THE CREATION OF THE BOARD, PROVIDING FOR THE QUALIFICATIONS, TERMS, DUTIES, OFFICERS AND QUORUM, PROVIDING FOR BYLAWS, PROVIDING FOR MEETINGS AND MINUTES, PROVIDING FOR ABSENT MEMBERS; PROVIDING FOR SEVERABILITY; REPEALING ARTICLE 2.1400 “PARK SUPERINTENDENT;” AMENDING ARTICLE 2.4200 “SAN ANGELO PUBLIC ART COMMISSION,” SECTION 2.4201 “CREATED, MEMBERS,” SUBSECTION (c) PROVIDIING FOR AN EX-OFFICIO NON-VOTING COMMISSION MEMBER REPRESENTING THE PARKS & RECREATION DEPARTMENT OR PARKS & RECREATION ADVISORY BOARD; AMENDING CHAPTER 8 “OFFENSES AND NUISANCES,” ARTICLE 8.100 “GENERAL OFFENSES” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING SECTION 8.113 TO REMOVE THE REFERENCE TO THE PARK COMMISSION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Summary: City Staff seeks Council’s approval of ordinances and ordinance revisions that would create a Parks and Recreation Advisory Board and would repeal Adopted: 5/30/03 Revised: 6/21/10
  126. ordinances creating the existing Recreation and Senior Advisory Boards. The un-codified ordinances enacting the Park Commission would remain but the oversight and advisory capacity of the Park Commission is limited to the Santa Fe Parks as stipulated in the original Santa Fe Park deeds. Here are the key points in the ordinance: · There are overlapping interests in parks, facilities and recreation in the Recreation Advisory Board, the Park Commission and the Senior Services Advisory Board. · The ordinances creating the Recreation Advisory Board and the Senior Services Advisory Board are repealed. · Creation of a Parks and Recreation Advisory Board with 8 members – 7 appointed by City Council and 1 nominated by the Park Commission and approved by City Council. · Composition of board members with education, qualifications and general knowledge, interest and experience in youth or adult sports, senior activities, recreation activities, other organized social activities, parks, nature or conservation. · Duties to make recommendations regarding: o Creation of a parks and recreation system; o Parks, recreation programs and senior services programs and their administration; o Maintenance of parks and park improvements; o Acquisition of physical improvements and equipment for park, recreation and senior services programs; and o Rules or regulations for parks, recreation and senior services programs · Administrative housecleaning item that authorized the Park Commission to designate locations for golf play.History: On September 20, 2011, City Council authorized consolidation of the Park Commission and the Recreation Advisory Board into a Parks and Recreation Advisory Board. Staff drafted an ordinance to achieve this result and since that time, the opportunity to consolidate the Senior Advisory Board into the Parks and Recreation Advisory Board has offered itself. The ordinance under this proposal would authorize the recommended consolidation.Financial Impact: None.
  127. Related Vision Item n/a(if applicable):Other Information/ Staff recommends approval of the ordinances and ordinance revisions. If CouncilRecommendation: agrees, we’ll return with a second reading at the next meeting.Attachments: Proposed Ordinance.Presentation: Verbal and PowerPoint.Publication: n/aReviewed by Rick Weise, Assistant City Manager, July 2, 2012Director:Approved by Legal: July 2, 2012
  128. AN ORDINANCE AMENDING CHAPTER 2 “ADMINISTRATION,” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, BY REPEALING ARTICLE 2.2900 ENTITLED “SENIOR SERVICES ADVISORY BOARD” IN ITS ENTIRETY; REPEALING ARTICLE 2.2600 ENTITLED “RECREATION BOARD” IN ITS ENTIRETY AND ENACTING A NEW ARTICLE 2.2600 ENTITLED “PARKS & RECREATION ADVISORY BOARD,” PROVIDING FOR THE CREATION OF THE BOARD, PROVIDING FOR THE QUALIFICATIONS, TERMS, DUTIES, OFFICERS AND QUORUM, PROVIDING FOR BYLAWS, PROVIDING FOR MEETINGS AND MINUTES, PROVIDING FOR ABSENT MEMBERS; PROVIDING FOR SEVERABILITY; REPEALING ARTICLE 2.1400 “PARK SUPERINTENDENT;” AMENDING ARTICLE 2.4200 “SAN ANGELO PUBLIC ART COMMISSION,” SECTION 2.4201 “CREATED, MEMBERS,” SUBSECTION (c) PROVIDIING FOR AN EX-OFFICIO NON-VOTING COMMISSION MEMBER REPRESENTING THE PARKS & RECREATION DEPARTMENT OR PARKS & RECREATION ADVISORY BOARD; AMENDING CHAPTER 8 “OFFENSES AND NUISANCES,” ARTICLE 8.100 “GENERAL OFFENSES” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING SECTION 8.113 TO REMOVE THE REFERENCE TO THE PARK COMMISSION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.WHEREAS; the City of San Angelo draws upon its citizens for their experience, knowledge andexpertise to serve as volunteers on a number of boards and commissions, and is reviewing thefunctions of its advisory boards and commissions to reduce duplication of effort and enhanceefficiency and effectiveness; and,WHEREAS; the City of San Angelo has been served by a Park Commission since 1913 whichwas formed to oversee the Santa Fe Parks, whose oversight grew over time to include all parksand the parks system and whose oversight will now be transferred to the new consolidatedadvisory board, retaining oversight of the Santa Fe Parks;WHEREAS; the City of San Angelo is served by a Recreation Advisory Board that is advisoryto the City Council and City Manager with regard to the creation and management of a recreationprogram for the City; and,WHEREAS; the City of San Angelo is served by a Senior Services Advisory Board that isadvisory to the City Council and City Manager with regard to Senior Services programs; and,WHEREAS; matters within the sphere of the Recreation Advisory Board and Senior ServicesAdvisory Board relate to recreation, parks and park facilities, such that consolidation of theRecreation Advisory Board and Senior Services Advisory Board into a single Parks &Recreation Advisory Board will coordinate performance of the administrative and advisoryfunctions served by said boards, and improve efficiency and effectiveness:
  129. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO:Section 1. That Chapter 2 “Administration” of the Code of Ordinances, City of San Angelo, Texas, is hereby amended by repealing Article 2.2900 “Senior Services Advisory Board.”Section 2. That Chapter 2 “Administration” of the Code of Ordinances, City of San Angelo, Texas, is hereby amended by repealing Article 2.2600 “Recreation Board” and adopting a new Article 2.600 “Parks & Recreation Advisory Board,” which Article shall read as follows: Sec. 2.2601 Creation of Parks & Recreation Advisory Board A Parks & Recreation Advisory Board is hereby created and established within the City of San Angelo. Said Parks & Recreation Advisory Board shall be composed of eight (8) members, seven (7) of whom shall be appointed by the City Council. The eighth member shall be a member of the Park Commission, nominated by the Park Commission and approved by the City Council. The appointments to the Board shall be on the basis of the nominee’s educational and professional qualifications and general knowledge of, interest in, and experience relevant to youth or adult sports, senior activities, recreation activities, other organized social activities, parks, nature or conservation. Sec. 2.2602 Qualifications All members of the Board shall be eighteen (18) years of age or older and residents of the City of San Angelo, Tom Green County, Texas. Sec. 2.2603 Terms Of the members first appointed by the City Council, four (4) appointments shall be for three (3)-year terms and three (3) appointments shall be for two (2)-year terms. The first appointment selected by the Parks Commission and approved by the City Council shall be for a two (2)-year term. Thereafter, appointments shall be for two (2)-year terms, except vacancies for unexpired terms which shall be filled by appointment of the City Council for the remainder of the unexpired term. Board members shall serve without compensation at the pleasure of the City Council, subject to termination at any time without cause. Sec. 2.2604 Duties The Parks & Recreation Board shall act as an advisory Board to the City Council in matters of oversight, policy and administration relating to City parks, recreation programs and facilities, with the exception of the Santa Fe Parks, for which the Parks Commission
  130. shall continue to act as the advisory commission to the City Council. The responsibilityof the Parks & Recreation Board within the scope of its general authority shall include to: 1.) Communicate with and make recommendations to the City Manager and Parks & Recreation Director regarding parks, recreation programs and senior services programs. 2.) Make recommendations to City Manager, Parks & Recreation Director and City Council regarding the administration of parks, recreation programs and senior services programs. 3.) Make recommendations to City Manager, Parks & Recreation Director and City Council regarding the creation of a parks and recreation system. 4.) Make recommendations to City Manager, Parks & Recreation Director and City Council regarding maintenance of parks and park improvements. 5.) Make recommendations to City Manager, Parks & Recreation Director and City Council regarding maintenance of recreation and/or senior facilities. 6.) Make recommendations to City Manager, Parks & Recreation Director and City Council regarding the acquisition of physical improvements and equipment for parks, recreation and senior services programs. 7.) Make recommendations to City Manager, Parks & Recreation Director and City Council regarding rules or regulations for parks, recreation and senior services programs.Sec. 2.2605 OfficersThe Board shall elect from the appointed members of the Board a Chairperson and a Co-Chairperson to serve in the absence of the Chairperson. The Board shall elect such otherofficers as the Board may establish in its bylaws.Sec. 2.2606 Quorum and VotingAll members of the Board shall have voting rights. Five (5) duly appointed members ofthe Board shall constitute a quorum. The affirmative vote of a majority of the memberspresent at a properly called meeting with a quorum present shall be the act of the Board.Sec. 2.2607 Bylaws and RulesThe Board shall adopt and may amend from time to time its bylaws, establishing rules forits regulation, effective upon approval of the City Council. Said bylaws and amendmentsthereto as approved by the City Council shall be filed with the City Clerk. The Boardmay adopt rules or regulations in conformity with its bylaws relating to theadministration of its business.Sec. 2.2608 MeetingsThe Board shall adopt a schedule providing for at least one regular meeting per calendarmonth and may make provision for such other meetings as it deems appropriate.
  131. Meetings of the Board shall be held pursuant to public notice and shall be open to the public in compliance with the Texas Open Meetings Act. Sec. 2.2609 Minutes The Board shall keep minutes of its proceedings in a permanent record and a certified copy of said minutes shall be filed with the City Clerk. Sec. 2610 Committees The Board may create ad hoc or standing committees of less than a quorum of the Board members, which may include residents of the City who are not Board members, as needed or deemed desirable to address specific matters within the purview of the Board. Committees shall report to the Board and shall have the authority to gather information, make reports and prepare recommendations for consideration by the Board. Sec. 2.2611 Absenteeism of Members In the event of four (4) absences from regularly scheduled meetings during the course of any year, a Board member shall be deemed to have resigned. Sec. 2.2612 Severability The terms and provisions of this article shall be deemed to be severable in that if any portion of this article shall be declared to be invalid, the same shall not affect the validity of the other provisions of this article.Section 3 That Chapter 2 “Administration” of the Code of Ordinances, City of San Angelo, Texas, is hereby amended by repealing Article 2.1400 “Park Superintendent.”Section 4 That Chapter 2 “Administration,” Article 2.4200 “San Angelo Public Art Commission” of the Code of Ordinances, City of San Angelo, Texas, is hereby amended by restating Subsection (c) of Section 2.4201 “Created; Members,” to read as follows: (c) There may be one (1) ex-officio non-voting member who represents the Parks & Recreation Department or Parks & Recreation Advisory Board as designated by the City Council from time to time.Section 5 That Chapter 8 “Offenses and Nuisances,” Article 8.100 “General Offenses” of the Code of Ordinances, City of San Angelo, Texas, is hereby amended by restating Section 8.113 “Hitting Golf Balls on City Parks” to read as follows: It shall be unlawful for any person to play golf or practice golf in any manner whatsoever in any park in the City of San Angelo, Texas, except
  132. on the Municipal Golf Course or other park area designated for golf by authority of the City Council.Section 6 That the terms and provisions of this ordinance shall be deemed to be severable in that if any provision in this ordinance shall be declared to be invalid, the same shall not affect the validity of any other provision of this ordinance.Section 7 This Ordinance shall become effective from and after its adoption.INTRODUCED on the ______ day of _______________, 2011, and finally PASSED,APPROVED and ADOPTED on this the _____ day of _______________2011. THE CITY OF SAN ANGELO Alvin New, MayorATTEST:Alicia Ramirez, City ClerkApproved as to Content: Approved as to Form:Carl White, Parks & Recreation Director Lysia H. Bowling, City Attorney
  133. City of San Angelo Finance DepartmentMemo Date: July 11, 2012 To: Mayor and Councilmembers From: Laura Brooks, Budget Analyst, Sr. Subject: Agenda Item for July 17, 2012 Council Meeting Contact: Morgan Trainer, Budget Manager 653-6291 Caption: st nd Regular (1 reading) Consent (2 reading) First public hearing and introduction of an Ordinance amending the 2011-2012 Budget for new projects, incomplete projects, and grants. Summary: This proposed amendment contains the following items (additional information attached): City of San Angelo Operating Budget • Economic Development Tax Rebate Agreements • Facilities Maintenance Energy Conservation Project • Upgrade Traffic Equipment • Nature Center Supplies/Advertising • Public Health Emergency Preparedness Grant • Airport Customs Building Renovation • Airport Runway Lights Regulator • Auditorium and Stage Roof Repairs City of San Angelo Development Corporation Budget • Business Resource Center Façade History: See attached Budget Amendment Request memorandum. Financial Impact: $1,051,787 (see attached detail on Exhibit A of the Ordinance) COSA Operating Budget expenditure $1,044,287 COSA Development Corporation Budget $7,500 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 Service Area Director: Michael Dane
  134. AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS.WHEREAS the City of San Angelo has determined that new projects not included in thecurrent budget should begin, andWHEREAS the City of San Angelo has determined that certain budgeted amounts shouldbe amended due to project changes and unforeseen circumstances, andWHEREAS the resources necessary for these changes are available;NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO, TEXAS THAT:The City’s budget for fiscal year 2011-2012 be amended by the amounts contained inExhibit A.INTRODUCED on the 17th day of July, 2012, and APPROVED and ADOPTED on thisthe 7th day of August, 2012. CITY OF SAN ANGELO, TEXAS __________________________________ Alvin New, MayorATTEST:__________________________________Alicia Ramirez, City ClerkApproved as to Content and Form:__________________________________Michael Dane, Interim City Manager
  135. City of San AngeloProposed Budget AmendmentExhibit A Total Total Net Fund Revenue Expenditure Benefit/Number Fund Name Amendment Amendment (Cost)COSA Operating Budget 101 General Fund 315,158 315,158 0 103 Intergovernmental Fund 50,275 50,275 0 220 Airport Operating Fund 0 362,754 (362,754) Property & Casualty 320 0 316,100 (316,100) Insurance Fund Sub-Total 365,433 1,044,287 (678,854)COSA Development Corporation Budget Development Corp Fund 7,500 7,500 0 Totals 372,933 1,051,787 (678,854)
  136. City of San AngeloProposed Budget AmendmentAdditional Information Net Benefit/Project/Need Source of Funding Revenue Expense (Cost)Economic Development Tax Rebate Increased Sales Tax 295,000 295,000 0Agreements RevenueFacilities Maintenance Energy Conservation AEP Energy Recovery 12,906 12,906 0Project Rebate Sale of scrap wire, signsUpgrade Traffic Equipment 4,252 4,252 0 & poles Summer camp revenue,Nature Center Supplies/Advertising 3,000 3,000 0 retail sales, sponsorships Department of StatePublic Health Emergency Preparedness Grant 50,275 50,275 0 Health Services Airport Fund – FundAirport Customs Building Renovation 0 348,754 (348,754) Balance Airport Fund – FundAirport Runway Lights Regulator 0 14,000 (14,000) Balance Property & CasualtyAuditorium and Stage Roof Repairs 0 316,100 (316,100) Fund – Fund BalanceCOSA Development Corporation Budget South TIRZ FaçadeBusiness Resource Center Façade 7,500 7,500 0 Grant Totals 372,933 1,051,787 (678,854)
  137. City of San AngeloMemo Date: June 28, 2012 To: Mayor and Councilmembers From: Carl White, Parks & Recreation Director Subject: Agenda Item for July 17, 2012 Council Meeting Contact: Carl White, Parks & Recreation Director, 325-234-1724 Caption: Regular Agenda Item Consideration of a report on the Texas Bank Sports Complex and any matters related thereto. Summary: The Texas Bank Sports Complex has been in operation for 3 years. Staff would like to give a report on the activities and progress the complex has experienced. The report will include information on programming, maintenance, revenues, expenditures, future needs and enhancements and economic impact. Here are some highlights of the presentation regarding the complex which: • is home to about 300 teams – about 190 adult softball teams, 30 little league teams, 30 girls’ fastpitch teams, 12 adult flag football teams and about 30 youth flag football teams, • has earned several accolades including: o USSSA West Texas Complex of the Year 2010, o TTA Complex of the Year 2011, o West Texas USSSA largest percentage increase in registration 2011, and o USSSA Midwest Conference Complex of the Year 2011, • has been hosting about 30 tournaments a year, • Has been hosting about 100,000 visitors a year, • has earned an economic impact of the following amounts over each year: o FY 2009-2010: $875,095 o FY 2010-2011: $1,379,945 and o FY 2011-2012 (YTD): $2,139,480 • has earned a total of $27,500 in advertising and naming rights each year, • has additional needs for improvements and enhancements including: o safety netting, Adopted: 5/30/03 Revised: 6/21/10
  138. o raw water for irrigation, o additional scoreboards, o picnic shelter, o additional restrooms, o additional irrigation, o umpire building and more, and • has experienced some challenges to fully fund the maintenance expenses.History: N/AFinancial Impact: N/ARelated Vision Item N/A(if applicable):Other Information/ N/ARecommendation:Attachments: PowerPoint PresentationPresentation: Verbal and PowerPointPublication: N/AReviewed by Rick Weise, Assistant City ManagerDirector:Approved by Legal: N/A
  139. City of San AngeloMemo Date: July 27,2012 To: Mayor and Councilmembers From: Clinton Bailey, City Engineer Subject: Agenda Item for August 7, 2012 Council Meeting Contact: Clinton Bailey, 657-4203 Caption: Regular Agenda Item Discussion and consideration of approving the City Manager to execute an Interlocal Service Agreement and Memorandum of Understanding between the City of San Angelo (COSA) and the Upper Colorado River Authority (UCRA) for Consulting Services in connection with projects or programs pertaining to River Rehabilitation and Riverbank Stabilization for the Concho River and Stormwater Management and Education Summary: Consulting services provided by the UCRA under the proposed Service Agreement and Memorandum of Understanding will include the continuation of specific services selected from two previous COSA/UCRA Interlocal Service Agreements and include Stormwater monitoring and assembly and maintenance of stormwater database, public outreach and education program and grant writing and approvals in connection with river rehabilitation and riverbank stabilization of the Concho River. These activities will assist the City in achieving full compliance with specific Best Management Practices (BMP’s) included in the City’s Stormwater Management Plan. History: During the regular meeting of the City Council on August 4, 2009, City Staff presented a proposed Stormwater Management Plan budget. As detailed in staff’s presentation, the overall $2.9M budget included line items for contract services to be performed throughout the Stormwater Management Plan permit term from 2010-2013. During the meeting the City Council approved the overall budget as presented and directed staff to pursue the development of a Stormwater Utility fee to fund the overall budget. During the regular meeting of the City Council on December 15, 2009 the City Council voted to adopt the City’s Stormwater Utility Fee and also approved the City Manager to execute an Interlocal Agreement with the UCRA for consulting services regarding the City’s Stormwater Management Plan. The original agreement between the City and the UCRA included consulting services performed over a four year period from FY 2010 – FY 2013. During the regular meeting of the City Council on March 6, 2012, City Manager Harold Dominguez along with UCRA representatives Stephen Brown and Chuck Brown presented the idea of a consolidated interlocal service agreement to the City Council. After Adopted: 5/30/03 Revised: 6/21/10
  140. some discussion the City Council directed Staff to proceed with the consolidation of COSA/UCRA interlocal service agreements into one interlocal service agreement.Financial Impact: FY 2013: $114,100; FY 2014: $114,100; FY2015 $114,100 Funding will be provided through the City of San Angelo Stormwater Utility FeeRelated Vision Item City Council Goal #8: Improve Drainage, Develop Plan(if applicable):Other Information/Recommendation: Staff recommends execution of agreement with the UCRAAttachments: Interlocal Service Agreement and Memorandum of Understanding and ResolutionPresentation: By Clinton Bailey, City EngineerPublication:Reviewed by Shawn Lewis, Director of Community and Economic Development July 27, 2012Director:Approved by Legal: Agreement approved by Legal July 23, 2012
  141. A RESOLUTION BY THE SAN ANGELO CITY COUNCIL AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL SERVICE AGREEMENT AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE UPPER COLORADO RIVER AUTHORITY FOR CONSULTING SERVICES IN CONNECTION WITH PROJECTS OR PROGRAMS PERTAINING TO RIVER REHABILITATION AND RIVERBANK STABILIZATION FOR THE CONCHO RIVER AND STORMWATER MANAGEMENT AND EDUCATION WHEREAS the Upper Colorado River Authority (UCRA) is charged with the control,storage, preservation, and distribution of the waters of the Upper Colorado River and itstributaries for irrigation, power, and other useful purposes, the reclamation and irrigation of arid,semi-arid, and other land needing irrigation, and the conservation and development of the forests,water, and hydro-electric power of the State of Texas and has authority to operate and to servethe goals of water distribution and conservation in such area; and WHEREAS the City of San Angelo (COSA) is pursuing a capital improvements projectinvolving the North Concho River (“the River”), including but not limited to dredging the river,stabilizing the bank of the river and associated supports and structures, and constructing orrehabilitating improvements to the River and areas immediately adjacent thereto, includingcertain accompanying trails and related areas (“the River Rehabilitation Project”); and WHEREAS pursuant to the federal Clean Water Act, the Texas Commission onEnvironmental Quality (“TCEQ”) regulates potential non-point sources of water pollution,including storm water runoff from municipal storm sewer systems (“MS4s”), the TCEQ hasissued General Permit No. TXR040000 (the “General Permit”) to authorize storm waterdischarges from MS4s and in order to qualify for and comply with the General Permit, COSAhas developed a storm water management plan (“the Storm Water Management Plan”); and WHEREAS UCRA and/or COSA are or have been parties to several Memoranda ofUnderstanding regarding consulting and other services to be rendered to COSA by UCRA inconnection with one or more projects or programs pertaining to River Rehabilitation andRiverbank Stabilization for the Concho River; Storm Water Management and Education; andWater Conservation Education (“the Services”); and WHEREAS COSA and UCRA both deem it necessary and advisable to organizeeducational programs pertaining to the facts and issues pertaining to storm water management,and pertaining to water conservation in general, such educational programs being an integral partof a successful implementation of the other projects referenced herein (“the EducationalPrograms”); and WHEREAS, in accordance with the terms of the Interlocal Agreement, COSA desires tohire UCRA to perform certain hydrological and other consulting services in connection withimplementing the projects and programs referenced therein and UCRA has agreed to act asconsultant to COSA with regard to such projects and programs; and
  142. WHEREAS, both parties agree that it is their mutual best interests for UCRA to assistCOSA with the commencement, execution, and completion of these projects and programs: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT: The City Manager or his designee is hereby authorized and directed to execute an Interlocal Service Agreement and Memorandum of Understanding with the Upper Colorado River Authority for purposes of the UCRA performing consulting services in connection with one or more projects pertaining to River Rehabilitation and Riverbank Stabilization for the Concho River, including the performance of certain hydrological services and organization of educational programs pertaining to storm water management, and to execute such other documents on behalf of the City of San Angelo as may be necessary or convenient thereto. PASSED and APPROVED THIS DAY OF , 2012. CITY OF SAN ANGELO, TEXAS ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Clinton Bailey, City Engineer Lysia H. Bowling, City Attorney
  143. INTERLOCAL SERVICE AGREEMENT AND MEMORANDUM OF UNDERSTANDINGBETWEEN THE CITY OF SAN ANGELO, TEXAS AND THE UPPER COLORADO RIVERAUTHORITYThis Interlocal Service Agreement and Memorandum of Understanding Between the City of SanAngelo, Texas and the Upper Colorado River Authority (“Agreement”) is agreed to by the UpperColorado River Authority, a Conservation and Reclamation District and a subdivision of theState of Texas (“UCRA”) and the City of San Angelo, Texas, a home rule municipality(“COSA”). This Agreement is effective on the first date it is signed by all parties (“EffectiveDate”) and represents a binding agreement. RecitalsWHEREAS UCRA is charged with the control, storage, preservation, and distribution of thewaters of the Upper Colorado River and its tributaries for irrigation, power, and other usefulpurposes, the reclamation and irrigation of arid, semi-arid, and other land needing irrigation, andthe conservation and development of the forests, water, and hydro-electric power of the State ofTexas and has authority to operate and to serve the goals of water distribution and conservationin such area; andWHEREAS COSA is a Texas home rule municipal corporation situated in Tom Green County,Texas which is currently involved in the programs and projects described herein below; andWHEREAS COSA continues to pursue a capital improvements project involving the NorthConcho River (“the River”), including but not limited to dredging the river, stabilizing the bankof the river and associated supports and structures, and constructing or rehabilitatingimprovements to the River and areas immediately adjacent thereto, including certainaccompanying trails and related areas (“the River Rehabilitation Project”); andWHEREAS pursuant to the federal Clean Water Act, the Texas Commission on EnvironmentalQuality (“TCEQ”) regulates potential non-point sources of water pollution, including stormwater runoff from municipal storm sewer systems (“MS4s”), the TCEQ has issued GeneralPermit No. TXR040000 (the “General Permit”) to authorize storm water discharges from MS4sand in order to qualify for and comply with the General Permit, COSA has developed a stormwater management plan (“the Storm Water Management Plan”); andWHEREAS UCRA and/or COSA are or have been parties to several Memoranda ofUnderstanding regarding consulting and other services to be rendered to COSA by UCRA inconnection with one or more projects or programs pertaining to River Rehabilitation andRiverbank Stabilization for the Concho River; Storm Water Management and Education; andWater Conservation Education (“the Services”); andWHEREAS COSA and UCRA both deem it necessary and advisable to organize educationalprograms pertaining to the facts and issues pertaining to storm water management, and pertainingto water conservation in general, such educational programs being an integral part of a successfulimplementation of the other projects referenced herein (“the Educational Programs”); and_____Interlocal Service Agreement, Page 1 of 11
  144. WHEREAS, in accordance with the terms of this Agreement, COSA desires to hire UCRA toperform certain hydrological and other consulting services in connection with implementing theprojects and programs referenced herein and UCRA has agreed to act as consultant to COSAwith regard to such projects and programs; andWHEREAS, both parties agree that it is their mutual best interests for UCRA to assist COSAwith the commencement, execution, and completion of these projects and programs; andWHEREAS, this Agreement is sanctioned by and entered into under the auspices of the TexasInterlocal Cooperation Act, Chapter 791, Texas Government Code.NOW THEREFORE, the Parties agree as follows: Termination of Prior Memoranda of UnderstandingThis Agreement terminates and supersedes all prior interlocal memoranda of understanding byand between the parties hereto and relating to consulting and other services to be rendered toCOSA by UCRA in connection with one or more projects or programs pertaining to RiverRehabilitation and Riverbank Stabilization for the Concho River; Storm Water Management andEducation; and Water Conservation Education. Description of TasksThe Parties hereby establish the following description of the tasks to be pursued by UCRA in itsrole as consultant under the terms of this Agreement (“the Tasks”):– Stormwater Monitoring and Assembly and Maintenance of Stormwater Database, StormwaterEducational Programs and Grant Writing, Permits and Approvals in connection with RiverProject and Stormwater Quality BMP’s (Best Management Practices) (collectively referred tohereinafter as “the Projects”): UCRA will act as manager of the programs administered byCOSA referenced herein, such Task to include the following services and activities: 1) Task One - Project Management: Under the direction of the appropriate COSA staff, UCRA will manage the Projects for and on behalf of COSA in order to organize, conduct, and complete the Projects in the most efficient and comprehensive manner possible under the circumstances. a) Preparation of Invoices: UCRA will prepare invoices which will include costs for its services. b) Financial Accounting and Record Maintenance: UCRA will develop and/or maintain records and accounts pertaining to the Projects, including accurate accounts of the financial aspects of the Projects and maintaining a record of the history and nature of the work performed and the status of completion for each Task. c) Preparation of Status and Progress Reports: UCRA will prepare and deliver to COSA reports concerning the status of the Projects including, where applicable, the degree of completion for the referenced project._____Interlocal Service Agreement, Page 2 of 11
  145. d) Communications with COSA Staff: UCRA will promptly advise the appropriate COSA staff personnel of all material factual developments, potential developments, and other issues identified during the course of the Projects. 2) Task Two - Storm Water Monitoring and Assembly and Maintenance of Stormwater Database: UCRA will perform the following services in connection with the Storm Water Monitoring Plan and oversee maintenance of a database of appropriate data regarding storm water (“the Database”), including the following: a) Equipment Maintenance: UCRA will maintain the sampling equipment at the fixed storm water monitoring stations and will provide routine maintenance on an appropriate periodic basis. b) Preparatory Use of Weather Data: UCRA will monitor weather forecasts and verify the data logger programming and equipment operation prior to predicted rainfall or weather events. c) Acquisition of Weather Data and Storm Water Samples: Subsequent to acceptable rainfall events, UCRA will download station data and collect storm water samples, and will thereafter prepare and ship the samples to an appropriate laboratory for analysis. In addition, UCRA will reprogram data loggers as called for under the circumstances. d) Additional Data: Where deemed desirable for modeling purposes, UCRA will conduct storm water monitoring activities with mobile sampling equipment at targeted sites. e) Watershed Issues: UCRA will monitor and report to COSA any watershed health issues such as fish kills and complaints. f) Data: UCRA will enter data from all fixed and mobile sites into the Database. g) Verification of Results: UCRA will verify the quality of analytical results received from applicable laboratories regarding storm water. h) Data Entrance: UCRA will enter water quality data received from applicable laboratories into the Database. i) Data Calculation: UCRA will calculate the cumulative pollutant loadings from discreet weather events if relevant and material to the Storm Water Management Plan. j) Data Entry: UCRA will submit verified data to COSA for input into modeling software used in the Storm Water Management Plan. 3) Task Three - Public Outreach and Education: UCRA will coordinate with the City on the development and administration the following education projects: Storm Water Education Projects: i. Onsite Field Trips ii. Outreach Events iii. Preparation, Design and Distribution of Media and Similar Materials iv. City Employee Trainings v. Targeted School Programs vi. Community River Clean-ups vii. Drain Marking Coordination viii. Adult Civic Group Education_____Interlocal Service Agreement, Page 3 of 11
  146. ix. Website and Social Networking x. City Council Education xi. Developer/Engineer/Builder Education xii. Targeted Local Business Education 4) Task 4 - Grant Writing, Permits and Approvals in connection with River Project and Stormwater Quality BMP’s Liaison Regarding Permits and Approvals in Connection with the River Rehabilitation Project: a) UCRA will serve as a liaison between COSA and the U.S. Army Corps of Engineers, the Texas Parks and Wildlife Department, the U.S. Fish and Wildlife Service, TCEQ, and any other applicable agency as necessary to facilitate the River Rehabilitation Project and other Stormwater Quality BMP’s, including permitting issues required under Section 404 of the Clean Water Act. b) UCRA will research and identify potential grant opportunities for the Projects and also write and submit grant applications in relation to indentified grants. 5) Special Projects COSA may contract with UCRA for special projects or studies outside the scope of this agreement. These projects will be mutually agreed upon as to scope of work and cost. Budget and Payment6) Budget: The Budget to be followed under this Agreement is attached and incorporated hereto as Exhibit “A” (“the Budget”). a) Binding Nature of Budget: Unless mutually agreed to the contrary for any portion of this agreement, the Budget is binding on both Parties and represents an integral part of this Agreement. b) The budget for all activities included in this agreement is included in the City’s Storm water Management Plan and is non-binding and subject to annual review and approval by the City. c) Payment Amount: COSA agrees to pay UCRA’s reasonable charges for providing the Services called for herein; provided, however, that the total amount paid by COSA to UCRA for such services during the term of this Agreement shall not exceed the annual amount shown on the Budget. Use of contingency funds shall be by formal written and agreed upon Change Order for any additional work. Additional work shall not begin until the Change Order for the proposed work has been fully executed. Contingency not billed during any fiscal year shall not be carried over to subsequent year(s).7) Invoices: COSA agrees to remit payment to UCRA in accordance with the Budget within 30 days of receipt of an invoice from UCRA. UCRA will submit invoices to COSA for the Services on a quarterly basis. The Parties acknowledge and agree that UCRA’s invoices may include reasonable charges, as determined by UCRA, for the time spent by UCRA’s employees in performing the Services and for a proportionate share of UCRA’s overhead.8) Disputed Payment: If COSA at any time disputes the amount to be paid to UCRA, COSA shall withhold payment until such time the dispute has been resolved as mutually agreed by both parties._____Interlocal Service Agreement, Page 4 of 11
  147. 9) Maintenance of Records: UCRA agrees to retain and maintain records and other documentary evidence of time, charges, expenses, and costs incurred in relation to the Services for a period of one year following the termination of this Agreement or for such longer period as may be required by applicable law.10) Bidding and Requests for Proposals: When mutually agreed by both parties, UCRA may solicit, select and accept bids or requests for proposals for any materials, equipment, or services that will be purchased in connection with the Services. UCRA agrees to comply with applicable laws, rules and regulations regarding competitive bidding, where applicable.11) Dispute Resolution: Each Party agrees to reasonably cooperate with the other in resolving any issues or disputes pertaining to payments of, and accountings for, amounts required to be paid hereunder. Default and Remedies12) Interest: All amounts due and owing by COSA to UCRA shall, if not in dispute, if not paid when due, bear interest at the Texas post-judgment interest rate as set out in Section 304.002, Texas Finance Code, or any successor statute, from the date when due until paid, provided that such rate shall never be usurious or exceed the maximum rate as permitted by law.13) Notice and Opportunity to Cure: If any Party (referred to herein as the “Defaulting Party”) fails to comply with its obligations under this Agreement or is otherwise in breach or default under this Agreement (collectively, a “Default”) then the other Party (referred to herein as the “Non-Defaulting Party”) shall not have any right to invoke any rights or remedies with respect to any Default until and unless: i) the Non-Defaulting Party delivers to the Defaulting Party a written notice (the “Default Notice”) which specifies the particulars of the Default and specifies the actions necessary to cure the Default; and ii) the Defaulting Party fails to cure, within ten (10) days after delivery of the Default Notice, any matters specified in the Default Notice which may be cured solely by the payment of money, or the Defaulting Party fails to commence the cure of any matters specified in the Default Notice which cannot be cured solely by the payment of money within a reasonable period of time after the Defaulting Party’s receipt of the Default Notice or fails to thereafter pursue curative action with reasonable diligence to completion.14) Remedies: If either Party fails or refuses to timely comply with its material obligations hereunder, the other Party will have the right, along with any other remedy at law or in equity, to enforce this Agreement by specific performance, injunction, or any other remedy available at law or in equity in a court of competent jurisdiction including but not limited to an action for damages. Term15) The obligations of the Parties under this Agreement shall begin on October 1, 2012 and continue for three years through September 30, 2015, and may not be cancelled except for cause or non-performance. Use of COSA Facilities and Equipment16) Laboratory Facilities: UCRA shall, subject to approval by COSA, have the right to request COSA’s laboratory services at no cost to UCRA for the purpose of carrying out any testing or analysis that UCRA determines is necessary or appropriate to perform the Services._____Interlocal Service Agreement, Page 5 of 11
  148. Subject to approval of COSA, UCRA may use other laboratory facilities and invoice COSA for the cost of using any such laboratory facilities. Such costs shall be in addition to the amount set forth in the Budget.17) Heavy Equipment: UCRA shall, subject to approval by COSA and availability, have the right to use COSA’s heavy equipment and heavy equipment operators, (backhoes, tractors and similar equipment), at no cost to UCRA for the purpose of completing tasks in connection with the Services included in this Agreement.18) Procedures for Use: UCRA and COSA agree to cooperate with each other in good faith to schedule the use of COSA’s heavy equipment services without delay in a manner that minimizes interference with COSA’s use of such equipment. Miscellaneous19) Compliance with Laws: COSA acknowledges that COSA is ultimately responsible for ensuring that it complies with all applicable federal and state storm water management laws and regulations and the terms and conditions of the General Permit. COSA shall have the duty to pay any fine, penalty, or other sanction assessed against COSA, subject to COSA’S rights to protest or appeal, for failing to meet any regulatory requirement in connection with COSA’s storm water management obligations. COSA hereby waives and releases any claim for contribution or indemnity against UCRA with regard to any such fine, penalty or other sanction assessed against COSA.20) Entire Agreement: This Agreement embodies the entire agreement between the Parties and supersedes all previous agreements, covenants, and contracts between them. There are no oral representations, express or implied warranties, agreements, or promises pertaining to this Agreement which are not otherwise incorporated in writing in this Agreement.21) Amendment of Agreement: This Agreement may not be modified or amended except by an instrument in writing signed by both Parties.22) Attorney’s Fees: If either Party retains an attorney to enforce this Agreement, the Party prevailing in litigation is entitled to recover reasonable attorney’s fees and court and other costs. The term “Prevailing Party” means that Party which the court finds and/or declares is the prevailing party, whether or not that Party obtains monetary, declaratory, injunctive, equitable or nominal relief. With respect to any monetary claim, no award of damages shall be necessary in order for a Party to be found by the court to have prevailed. With respect to any non-monetary claim, no equitable relief shall be necessary in order for a Party to be found by the court to have prevailed.23) Notices: Any notice to be given under this Agreement by either Party to the other shall be in writing and may be effected by certified mail, or facsimile transmission with confirmation of delivery addressed as follows: To UCRA: The Upper Colorado River Authority 512 Orient San Angelo, TX 76903 Fax: 325.655.1371 Attn: Chuck Brown_____Interlocal Service Agreement, Page 6 of 11
  149. To COSA: The City of San Angelo, Texas 52 W. College San Angelo, TX 76903 Fax: 325.655.6397 Attn: Clinton Bailey, P.E.All notices will be deemed to have been given on the third day after deposit in the U. S. Mail oron the date of transmission by fax of such notice. Any Party may change its address upon fivedays’ written notice to the other.24) No Waiver: If either Party fails to insist on strict performance of any provision of this Agreement, such failure shall not be deemed a waiver by such Party of its right to insist on strict performance of such provision in the future or strict performance of any other provision of this Agreement.25) Headings: The section headings are not to be considered part of this Agreement, are included solely for convenience, and are not intended to be full or accurate descriptions of the contents thereof.26) Choice of Law and Venue: All amounts due under this Agreement and all obligations of either Party, including, but not limited to, payments due under this Agreement or damages for the breach of this Agreement, shall be paid and be due in Tom Green County, Texas, which is the county in which the principal administrative offices of the Parties are located. It is further specifically agreed that Tom Green County, Texas, is a principal place of performance of this Agreement. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in Tom Green County, Texas. This Agreement is governed by the laws of the State of Texas.27) Severability: The provisions of this Agreement are severable and in the event that any one or more provisions are deemed illegal or unenforceable, the remaining provisions shall remain in full force and effect.28) Due Authorization and Binding Obligation: Each Party represents to the other that this Agreement has been duly authorized, executed and delivered by all necessary action of the Party, including approval of the Party’s governing board or council, and is enforceable against the Party in accordance with its terms.29) Force Majeure: In the event either Party is rendered unable, in whole or in part, by force majeure to carry out any of its obligations under this Agreement, then the obligations of that Party, to the extent affected by the force majeure, shall be suspended during the continuance of the inability. The term “force majeure” includes acts of God, strikes, lockouts or other industrial disturbances, acts of terrorism, acts of the public enemy, orders of the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, breakage, or accidents to dams, equipment, pipelines, canals, or other structures, partial or complete failure of water supply including pollution (accidental or intentional), and any other inability of either Party, whether similar to those enumerated or otherwise, that are_____Interlocal Service Agreement, Page 7 of 11
  150. not within the control of the Party claiming the inability and that could not have been avoided by the exercise of due diligence and care.30) Counterparts: This Agreement may be executed simultaneously in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.31) Conservation Laws: The Parties agree that no part of this Agreement shall be construed to contradict or relieve either Party from any obligation established by any state, federal, or locally mandated laws or regulations, including but not limited to laws, rules, or regulations pertaining to water conservation or drought contingency plans. Accordingly, the terms of this Agreement are expressly subject to the directives, mandates, agreements, and best practices set out in any such applicable plan. When any such plan is placed in effect or when conditions require the conservation, modification, curtailment, or restriction of the use of water or the practices of any Party in relation to water, the Parties agree to comply with the water conservation and drought contingency plans of both COSA and UCRA, where applicable.32) No Assignment: This Agreement is entered into for the exclusive benefit of UCRA and COSA and neither of the parties hereto shall, without the consent of the other, assign or transfer this Agreement or any rights or obligations hereunder.33) No Joint Venture or Partnership: Nothing in the Agreement shall constitute or be held as evidence of a joint venture, partnership, joint enterprise, or similar combination between UCRA and COSA; rather, UCRA shall be an independent contractor for the benefit of COSA only under the terms and for the purposes set forth in this Agreement.34) No Third Party Agreements: This Agreement is entered into for the exclusive benefit of UCRA and COSA and neither of the parties hereto shall, without the consent of the other, assign or transfer this Agreement or any rights or obligations hereunder.35) Independent Contractor: The Parties agree that UCRA is an entity providing professional services and that this Agreement calls for the performance of the services of UCRA as an independent contractor and not as an agent of COSA. Each Party shall retain supervision and control of its own employees at all times while performing this Agreement and no employee of one entity shall be considered a borrowed servant of the other entity for Workers’ Compensation purposes or for any other reason. COSA agrees that all persons employed by it to furnish services hereunder are employees or agents of COSA and not of UCRA, and UCRA agrees that all persons employed by it to furnish services hereunder are employees or agents of UCRA and not of COSA. Such employees or agents of either entity are not entitled to benefits conferred on the other entity’s employees.36) INDEMNIFICATION: To the extent allowed by law, the Parties to this Agreement agree to indemnify, defend and hold the other Party, its board members, council 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 claims or suits for joint enterprise liability, 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 the indemnifying Party, its board members, council members, officials, agents or employees, or the joint negligence of the indemnifying Party and any other person or entity (except the indemnified Party) as a consequence of its execution or performance of this Agreement or_____Interlocal Service Agreement, Page 8 of 11
  151. sustained in or upon the premises, or as a result of anything claimed to be done or admitted to be done by the indemnifying Party hereunder. This indemnification shall survive the term of this Agreement as long as any liability could be asserted. Nothing herein shall require the indemnifying Party to indemnify, defend or hold harmless any indemnified party for the indemnified party’s own gross negligence or willful misconduct.37) Further Assurances and Documents: The Parties agree to take such further actions and execute such further documents as may be reasonably necessary to carry out the purposes of this Agreement.38) Consent: Whenever approval or consent is required of any Party, it shall not be unreasonably withheld, conditioned or delayed.39) Compliance with Law: Each Party agrees to conduct all activities contemplated by this Agreement in accordance with all applicable rules, regulations, ordinances, and laws in effect or promulgated during the term of this Agreement.40) No Presumption Against Drafter: In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted neutrally, fairly, and reasonably, without any presumption or bias in connection with the Party who drafted the Agreement.41) Access to Information: UCRA and COSA each shall provide the other Party with reasonable access to all information and documentation in the possession or control of either of them with respect to the Services and COSA’s obligations under law unless such access will trigger an unreasonable cost or expense to the providing Party, will breach a confidentiality agreement, or will violate any other applicable legal restriction.42) Payments from Lawfully Available Funds: All payments, if any, required to be made by COSA pursuant to this Agreement shall be payable from current revenues or other funds lawfully available for such purpose. CITY OF SAN ANGELO, Texas By: Michael Dane, Interim City ManagerATTEST:By: Alicia Ramirez, City Clerk UPPER COLORADO RIVER AUTHORITY By:_____Interlocal Service Agreement, Page 9 of 11
  152. APPROVED AS TO CONTENT APPROVED AS TO FORMClinton Bailey, City Engineer Dan T. Saluri, Sr. Assistant City Attorney_____Interlocal Service Agreement, Page 10 of 11
  153. EXHIBIT “A” BUDGET COSA Stormwater Programs Task Fiscal Year 2013 Fiscal Year 2014 Fiscal Year 2015 TotalProgram Management $18,000.00 $18,000.00 $18,000.00 $54,000.00Stormwater Monitoring and Stormwater Database $26,500.00 $26,500.00 $26,500.00 $79,500.00Public Outreach and Education $40,000.00 $40,000.00 $40,000.00 $120,000.00Grant Writing, Permits and Approvals $19,000.00 $19,000.00 $19,000.00 $57,000.00Contingency $10,600.00 $10,600.00 $10,600.00 $31,800.00 Totals $114,100.00 $114,100.00 $114,100.00 $342,300.00 _____ Interlocal Service Agreement, Page 11 of 11
  154. City of San AngeloMemo Date: July 27,2012 To: Mayor and Councilmembers From: Clinton Bailey, City Engineer Subject: Agenda Item for August 7, 2012 Council Meeting Contact: Clinton Bailey, 657-4203 Caption: Regular Agenda Item Consideration and any action in connection thereto, authorizing the City Manager or his designee to execute a change order with Templeton Construction in the amount of $687,460.06 for additional bank stabilization along the North Concho st river between Sulfur Draw and 1 Street, and to pay for said improvements through the use of $100,000.00 in ½ cent sales tax project revenue, and $587,460.06 in stormwater funding Summary: This proposed change order to the Concho River and Trails Improvement project includes the construction of additional boulder bank stabilization along the North bank and some portions of the South bank of the Concho River from Sulfur Draw st to 1 Street. History: Substantial bank erosion exists along this section of the river, mainly on the North side, and is caused primarily by increased river flows from discharges of stormwater runoff into the river. Total Suspended Solids (TSS) is a measure the amount dirt and some other pollutants in stormwater runoff. As increased flows through the river erode the banks, this eroded material becomes suspended in the water (TSS) and is transported downstream. Larger particles drop out immediately and as the flow of the river slows and becomes a series of relatively stagnant pools, smaller particles drop out and create sediment while the finest particles remain suspended in the water and create cloudy or “turbid” water. When banks erode and large amounts of sediment enter the river, fish and aquatic habitat are degraded, flooding is increased and the overall water quality suffers. The construction of the proposed additional bank stabilization together with the bank stabilization measures that are currently being constructed as part of the Concho River and Trails Improvement project will significantly decrease the amount of total suspended solids (TSS) transported by the river and thus increase the water quality in the river with respect to TSS and reduce the potential for flooding and costly future dredging of the river. Financial Impact: $587,460.06: City of San Angelo Stormwater Utility Fee $100,000.00: ½ Cent Sales Tax Bond Issue dollars for design work for the th renovation of the 29 Street Complex Adopted: 5/30/03 Revised: 6/21/10
  155. Related Vision Item City Council Goal #8: Improve Drainage, Develop Plan(if applicable):Other Information/Recommendation: Staff recommends approval of the full amount of the proposed change orders.Attachments: 1. Templeton Construction Change Order Summary/Proposal 2. Reece Albert Construction Change Order Proposals for North (dated April 17, 2012) and South (dated May 11, 2012) banks of Concho RiverPresentation: By Clinton Bailey, City Engineer and Rick Weise, Assistant City ManagerPublication:Reviewed by Rick Weise, Assistant City Manager, July 27, 2012Director:Approved by Legal:
  156. Change Order #1 PROPOSALTo Templeton Construction Company Date April 17, 2012 Attn.: Gary McClure Project Concho River and Trails Improvement 521 W. Beauregard Ave. Project San Angelo, TX 76903 Location San Angelo, TXWE, THE UNDERSIGNED, PROPOSE TO FURNISH THE NECESSARY MATERIAL, EQUIPMENT, AND LABOR TO DO THEFOLLOWING MENTIONED WORK ON ABOVE PROJECT:Reference: River - RFP-021_032912Add Bank Stabilization From Sta 147+00 to Sta 172+00 (North Side Only)Description Quantity Units Price AmountErosion Control Logs 2,400 LF $5.88 $14,112.00Tree and Brush Removal 2,400 LF $16.92 $40,608.00NB4 Stabilization 1,150 LF $105.94 $121,831.00NB6 Stabilization 400 LF $142.30 $56,920.00NB8 Stabilization 650 LF $244.61 $158,996.50NB10 Stabilization 200 LF $356.81 $71,362.00Topsoil Preparation 2,711 SY $1.01 $2,738.11 Total Lump Sum Add $466,567.61Notes: > All bank stabilization will be boulder stabilization. > NB boulder stabilization is actual bank height (from bottom of river to top of existing bank). > Prices do not include sloping back bank. > If RFP 21 is accepted, an additional 105 calendars will need to be added to the contract. > Areas shown on plans, in work area above, shown to be FC stabilization wil be changed to boulder stabilization.PLEASE SIGN AND RETURN 1 COPY This Proposal may be withdrawn by us if not accepted within 30 days Said amount is due and payable in San Angelo, Tom Green County, Texas. Full payment for work accomplishedshall be due on receipt of invoice. A 1% per month carrying fee will added to past due accounts. 18% of amountdue shall be added if suit is brought thereon.
  157. Change Order #2 PROPOSALTo Templeton Construction Company Date May 11, 2012 Attn.: Gary McClure Project Concho River and Trails Improvement 521 W. Beauregard Ave. Project San Angelo, TX 76903 Location San Angelo, TXWE, THE UNDERSIGNED, PROPOSE TO FURNISH THE NECESSARY MATERIAL, EQUIPMENT, AND LABOR TO DO THEFOLLOWING MENTIONED WORK ON ABOVE PROJECT:Reference: River - RFP-021 South BankAdd Bank Stabilization From Sta 147+00 to Sta 172+00 (South Side Only)Description Quantity Units Price AmountErosion Control Logs 720 LF $5.88 $4,233.60Tree and Brush Removal 420 LF $16.92 $7,106.40NB4 Stabilization @ Beauregard Bridge 120 LF $209.89 $25,186.80NB4 Stabilization 300 LF $155.64 $46,692.00NB6 Stabilization 300 LF $186.73 $56,019.00 Total Lump Sum Add $139,237.80Notes: > Sea cane (at NB6 area) removal by others. > All bank stabilization will be boulder stabilization. > NB boulder stabilization is actual bank height (from bottom of river to top of existing bank). > Prices do not include sloping back bank. > Areas shown on plans, in work area above, shown to be FC stabilization will be changed to boulder stabilization.PLEASE SIGN AND RETURN 1 COPY This Proposal may be withdrawn by us if not accepted within 30 days Said amount is due and payable in San Angelo, Tom Green County, Texas. Full payment for work accomplishedshall be due on receipt of invoice. A 1% per month carrying fee will added to past due accounts. 18% of amountdue shall be added if suit is brought thereon.
  158. July 16, 2012Mr. David KnappCity of San Angelo106 S ChadbourneSan Angelo, Texas 76903Re: Concho River Rehabilitation Project CR 21 Extend River bank Station 147 to 172Dear David:Templeton Construction has requested and received from Reece Albert a cost proposal toaccomplish the change in the River bank stabilization from station 147 to 172.Reece Albert has requested a time extension of 105 calendar days. Please review thenotes on their quote so that we may all be sure the scope is what was anticipated.North SideReece Albert $ 466,567.61South SideReece Albert $ 139,237.80Fountain Removal @ 154Reece Albert $ By OwnerExtended Job Overhead 105 days $ 36,320.55Subtotal $ 642,125.96TCC fees 3% $ 19,263.78Contingency 3% $ 19,263.78Bond 1% $ 6,806.54Total $ 687,460.06Sincerely,Gary McClure
  159. City of San AngeloMemo Meeting Date: August 7, 2012 To: City Council members From: Kari LeBoeuf, Planner Subject: Z 12-05: COSA, a request for a Historic Overlay Zone on the following property: Location: East 4th Street, the dedicated public right-of-way being approximately 60’ x 640’ and lying between its intersection with North Chadbourne Street eastward to its intersection with North Oakes Street, in central San Angelo. Purpose: To preserve the historic brick portion of East 4th Street. Contacts: Shawn Lewis, Director of Community & Economic Development 325-657-4210 AJ Fawver, Planning Manager 325-657-4210 Kari LeBoeuf, 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 12-05: City of San Angelo 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 th CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: East 4 Street, the brick portion of the dedicated public right-of-way being approximately 60’ x 640’ and lying between its intersection with North Chadbourne Street eastward to its intersection with North Oakes Street, in central San Angelo. adding the zoning classification
  160. of Historic Overlay (HO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYSummary: The City Council may: (1) approve of the proposed Historic Overlay; or (2) deny of the proposed Historic Overlay.Recommendation: Planning staff recommends approving the proposed HistoricOverlay.On July 19, 2012 The Historic Preservation Commission recommended approval of thisrequest by a vote of 4-0.History and Background:General Information Existing Zoning: a combination of General Commercial/Heavy Commercial (CG/CH) and Light Manufacturing (ML). Existing Land Use: Publicly dedicated right-of-way Surrounding Zoning/Land Use: North: ML Christian Outreach Thriftstore, Vacant land, Western Wool & Mohair West: CG/CH, ML Habitat for Humanity, Masters Cabinet Shop, Red Bird Gallery South: CG/CH, CBD R&S Cabinets, Vacant storefronts, vacant warehouses East: ML Vacant Lots, Vacant warehouses, Central High Freshman Campus Thoroughfares/Streets: East 4th Street is classified as a “local” street which carries light neighborhood traffic at lower speeds and generally connects to collector streets. Applicable Regulations: Zoning Ordinance Section 211. Historic Overlay Zone A. “The Historical Overlay Zone provides additional regulations that supplement the underlying base district regulations for the purpose of preserving historic landmarks and districts.”
  161. Development Standards: “Local” Street – Urban Subdivision Required Right-of-Way Width – 50’ Actual Right-of-Way Width – 80’ Required Paving Width – 36’ with sidewalk Actual Paving Width – 57’ on the west end of the street segment and 44’ on the east end Vision Plan Map: Downtown Comp Plan Excerpts: Comprehensive Plan 2003 Goal 1: Objective A: “Create an aesthetic and physically appealing character in the Central Business District that creates a unique destination for visitors.” Goal 4: Objective A: “Promote and maintain the Central Business District’s historic, architectural, and cultural characher.” Traffic Concerns: None Notification Required: Yes Notifications Sent: 18 Responses in Favor: 0 Responses in Opposition: 0Analysis: In order to approve this request, the City Council members are first required to find that one or more of the following are true: 1. Possesses significance in history, architecture, archaeology, or culture; 2. Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history; 3. Is associated with the lives of persons significant in our past; 4. Embodies the distinctive characteristics of a type, period, or method of construction; 5. Represents the work of a master designer, builder, or craftsman; 6. Represents an established and familiar visual feature of the city;
  162. 7. Possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; 8. Has yielded, or may be likely to yield information important in prehistory or history.The staff recommendation is based upon the statements listed below. During the course of the 2006 Phase I Historic Resources Survey, volunteers and professionals documented and evaluated 7 non-building resources, including the one remaining brick street in San Angelo which was documented for the first time. The application of a Historic Overlay Zone will help ensure that any material construction, reconstruction, alteration, restoration, or rehabilitation of this brick portion of the publicly dedicated right-of-way East 4th Street does not detract from its historic integrity. The brick portion of East 4th Street was designated as a medium priority resource. If this Historic Overlay Zone is approved, then any such construction, reconstruction, alteration, restoration, or rehabilitation must have a “Certificate of Appropriateness” (CA) approved by the Historic Preservation Commission. This would mean that the City would need to delay any maintenance to the street, water mains, or sewer mains until the CA was obtained. Section 211.C. of San Angelo’s Zoning Ordinance addresses the Historic Overlay classification and states specifically that a historic landmark may be so designated only if it meets one or more of the eight (8) criteria listed above. This brick portion of East 4th Street complies with two of the criteria for historic landmark designation listed above and therefore is eligible to be classified as an historic landmark. It meets the fourth criteria in that the brick portion of East 4th Street “embodies the distinctive characteristics of a type, period, or method of construction” that we no longer see anywhere else in the city. It also meets the sixth criteria in that this brick street “represents an established and familiar visual feature of the city.” There are several existing historic landmarks already in this area. Adding a historic overlay zone will place this historic street in good company and will help further the sense of continuity and identity in the downtown area.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; and draft ordinance.Presentation: AJ Fawver, Planning ManagerReviewed by: AJ Fawver, Planning Manager (05/14/12)
  163. 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: East 4th Street, the dedicated public right-of-way being approximately 60’ x 640’ and lying between its intersection with North Chadbourne Street eastward to its intersection with North Oakes Street, adding the zoning classification of Historic Overlay (HO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: Z 12-05: City of San Angelo WHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; 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 enactedby the governing body for the City of San Angelo on January 4, 2000 and included withinChapter 12 of the Code of Ordinances for the City of San Angelo, be and the same ishereby amended insofar as the property hereinafter set forth, and said ordinance generallyand the zoning map shall be amended insofar as the property hereinafter described: East4th Street, the dedicated public right-of-way being approximately 60’ x 640’ and lyingbetween its intersection with North Chadbourne Street eastward to its intersectionwith North Oakes Street, shall henceforth be permanently zoned as follows: HistoricOverlay (HO) District.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove describedproperty shall be subject to all applicable regulations contained in Chapter 12 of the Code ofOrdinances for the City of San Angelo, as amended.
  164. 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 7th day of August, 2012 and finally PASSED, APPROVED ANDADOPTED on this the 21st day of June, 2012. THE CITY OF SAN ANGELO by:____________________________________ Alvin New, MayorATTEST:by:________________________________ Alicia Ramirez, City ClerkApproved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  165. City of San AngeloMemo Meeting Date: August 7, 2012 To: City Council members From: Kevin Boyd, Planner Subject: Z 12-08: Randy Bell, a request for approval of a zone change from General Commercial (CG) to Low Rise Multi-Family Residential (RM-1) to allow for household living on the following property: Location: 5221 South Bryant Boulevard Frontage Road, located approximately 215 feet south of the intersection of Kimrey Lane and South Bryant Boulevard Frontage Rd, more specifically the Windwood Subdivision, Section 1, Block 1, Lot 9 in southeastern San Angelo. Purpose: Approval of this request would zone the property Low Rise Multi-Family Residential (RM-1). Contacts: Randy Bell, property owner 325-227-8985 Kevin Boyd, Planner 325-657-4210 AJ Fawver, Planning Manager 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 12-08: Randy Bell 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: 5221 South Bryant Boulevard Frontage Road, located approximately 215 feet south of the intersection of
  166. Kimrey Lane and South Bryant Boulevard Frontage Rd, more specifically the Windwood Subdivision, Section 1, Block 1, Lot 9 in southeastern San Angelo, changing the zoning classification from General Commercial (CG) to Low Rise Multi-Family Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Summary: The City Council may: (1) Approve the proposed zone change; or (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 zone change. On July 16, 2012, the Planning Commission recommended approval of this request by a vote of 6-0.History and Background: General Information Existing Zoning: General Commercial (CG) Existing Land Use: Vacant commercial property Surrounding Zoning/Land Use: North: General Commercial (CG) Vacant commercial land West: Zero Lot Line, TwinhomeWindwood subdivision and Townhome Residential (RS-3) South: Ranch & Estate (R&E) Drainage, vacant property East: Heavy Commercial (CH) South Bryant Boulevard Frontage and South Bryant Boulevard 2
  167. Thoroughfares/Streets: South Bryant Boulevard Frontage and Kimrey Lane are defined as “local streets,” which carry light neighborhood traffic at lower speeds and generally connects to collector streets. Nearby South Bryant Boulevard is defined 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.Zoning History: In 1989, the parcel was annexed and zoned as Ranch & Estate, part of the South Nasworthy Addition.Applicable Regulations: Refer to minimum lot sizes of residential districts, per Section 501. RM-1 allows construction of single-family detached homes, accessory apartments, two-family dwellings, zero lot line dwellings, twinhomes, townhomes, multifamily dwellings and group living structures. This zoning district allows the most flexibility of housing stock selection of any residential zoning district, making it a good fit within a neighborhood center.Development Standards: RM-1 requires a 25 feet front setback for single-family, two-family, and multifamily residences. There is a 5 feet side setback for single-family and two-family residences (10 feet setback for multi-family residences and group homes). A 20 feet setback is required for rear setbacks, per Section 501. 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 RM-1 is 0.75, Section 501.Vision Plan Map: Neighborhood CenterRelated Comp Plan 3
  168. 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 Angelos neighborhoods." "...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 InformationTraffic Concerns: Changing the zoning from commercial to residential will potentially reduce the 4
  169. volume of traffic than if the property remained as-is. Since the lot remains vacant, no traffic is generated by the site. Parking Requirements: Varies depending upon the use of the property. See Section 511. Parking Provided: Currently, there is no designated parking on the site. Density: Surrounding uses are predominately low- density commercial and residential. The Vision Plan also calls for a continuation of the future development of this area as a neighborhood center. The range of densities allowed in this RM-1 zoning district creates an appropriate "step-down" in intensity between the CG zoning and the surrounding residential development. It also breaks up the commercial strip zoning likely to continue if land to the south is eventually zoned commercial. Notification Required: Yes Notifications Sent: 5 Responses in Favor: 0 Responses in Opposition: 0Analysis: 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. 5
  170. 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 subject property, located south of the corner of South Bryant Boulevard Frontageand Kimrey Lane, is currently zoned General Commercial (CG). Positioned alongsideSouth Bryant Boulevard and just north of US 277/87 interchange, it is highlyaccessible and visible from the major arterial. The applicant seeks a zone change toLow Rise Multi-Family Residential (RM-1), which would allow for a variety ofresidential types, as outlined above. In assessing aspects of the request, includingthe location of the site, surrounding uses, and the Vision Plan, planning staff feelsconfident that the zone change requested is appropriate for the property.Recent growth in the area immediately south of downtown, along South BryantBoulevard and the US 277/87 interchange of Houston Harte Expressway and BryantBoulevard, has transformed much of the vast open space into single-family housingand low-density commercial development. Bounded by the interchange of the majorroadways and the South Concho River that channels to the north and west, the areaimmediately surrounding the subject property is quickly becoming a newly emergingresidential community. Adjacent to the subject property to the west is the WindwoodSubdivision which is comprised of several residential lots zoned RS-3, or Zero LotLine, Twinhome & Townhome Residential. Relative to the subject property, newresidential development also extends further west along Ben Ficklin Road.The prime location of the property, south of the intersection of Kimrey Lane andSouth Bryant Street, makes it more conducive to more intensive development whicha zone change to Low Rise Multi-Family Residential (RM-1) adequately provides. Ofthe residential districts, RM-1 zoning is rather intensive in nature as it allows for the 6
  171. medium density residential development. The FAR or floor area ratio in RM-1 is 0.75,which means that up to 75 of the total lot could be developed. With regards tobuildable space, the proposed zone change serves as a great transition tosurrounding zones, RS-3 and R&E, which have a FARs of 0.60 and 0.20,respectively.The Vision Plan envisions the subject property to reflect neighborhood centerdevelopment. Neighborhood Center allows for medium-density commercial andresidential development with the purpose to create pedestrian-friendly environments,blend different uses, and improve connectivity between spaces. The Plan calls for theareas immediately south of the subject property and north of the intersection of SouthBryant Boulevard Frontage and Kimrey Lane to emerge as commercial districts. Thezone change to RM-1 would allow for more intensive residential development toencourage such commercial development while stimulating walkability and increasedsynergy between uses.Important in our decision is the ratio of residential and commercial zoning, relative tothe Comprehensive Plan. In analysis of the area, staff believes that the proposal todedicate more land for residential uses would be a step in the right direction. Asizeable swath of land around the subject property is currently zoned Ranch andEstate, partly because R&E is designated as a holding zone for newly annexedproperties within the city as per Section 303.A. of the Zoning Ordinance. R&E is themost stringent residential zone that only allows for single-family detached housing.The Vision calls for nearly all of the surrounding R&E zoned properties to be zonedfor commercial uses. Considering aspects of the Vision Plan, the proposal to changethe property from General Commercial (CG) to Low Multi-Family Residential (RM-1)would achieve a balance more appropriate for the area.Planning staff feels the RM-1 zoning in the area can potentially provide an alternativechoices in housing construction, since the zoning district is largely absent from thearea. Moreover, the severe lack of intensive residential zoning in an entire area canlead to inequalities in housing. Approval of the zone change to RM-1 offers a widerange of choices for residential development, which provides the opportunity for amore diversified housing stock. Its also important to note that no other RM-1 zoningdistricts exist within a 1.5 mile radius of the site. In order to get to a more diversehousing stock in all sectors of the community, zoning must be used to create theseopportunities.Proposed Conditions N/A 7
  172. 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; and aerial photo, highlighting subject property.Presentation: AJ Fawver, AICP, Planning ManagerReviewed by: AJ Fawver, AICP, Planning Manager (07/10/12) 8
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  177. V. Requests for zone change. [Planning Commission makes recommendation; City Council has final authority for approval.] A. Z 12-08: Randy Bell A request for approval of a zone change from General Commercial (CG) to Low Rise Multi-Family Residential (RM-1) to allow for household living on the following property: 5221 South Bryant Boulevard Frontage Road, located approximately 215 feet south of the intersection of Kimrey Lane and South Bryant Boulevard Frontage Rd, more specifically the Windwood Subdivision, Section 1, Block 1, Lot 9 and southeastern San Angelo. Kevin Boyd, Planner came forward to present the case, consistent with staff’s recommendation of approval. Five notices were sent to property owners as required by law and no notices were returned. Mr. Boyd went into some of the characteristics of the surrounding area including the zoning districts and land uses. He used maps and photos to orient the Commissioners with the site and noted that the land subject to this request was vacant at this time. The property is surrounded by what is generally described a residential property that is relatively low density and intensity at this time. The Vision Plan Map for this subject property calls for "Neighborhood Center", and the proposed RM-1 zoning meets this vision. Mr. Boyd reviewed the options available to the Commission regarding this request and the criteria to be considered. Mr. Boyd explained the criteria to be considered with the request and covered reasons why staff had recommended approval of this zone change, including that a multitude of housing options were available within RM-1 zoning and that this would meet the goal of higher-density residential development allowed for within areas envisioned as Neighborhood Centers. Sebastian Guerrero asked if the property was bordered by a canal to the south. After some discussion it was determined that this was indeed a drainage area. Mr. Lawrence asked if the fact that this could be zoned as residential property, thus implying the presence of children in the area, was considered by staff in the analysis of this request. Herb Hooker, representing the applicant Randy Bell, came forward and explained some background on the project and offered to answer any questions. Jennifer Boggs asked if there were any plans to mitigate the effect the canal could have on young children in the future. Mr. Hooker stated there were no plans to do so, but the subdivision to the north had not experienced any problems. He also stated there were no plans to clear cut the area and that it would remain as natural vegetation. It was also pointed out by Mr. Hooker that this canal is often times empty. There are plans to develop six residential lots in the future. Mr. Wynne asked if patio homes were planned. Mr. Hooker stated that this zoning was preferred as it presented his client with a variety of housing options and flexibility moving forward. Ultimately the development will look similar to a single- family residential development and not be subject to any Home Owner’s Association.
  178. Mr. Grimes asked where the future driveway access would be located. Mr. Hookerstated the access to the property was from the frontage road and access to lotswould conform to what fire protection deemed necessary.Mr. Lawrence asked staff if there was any control the Planning Commission or staffwould have moving forward with the driveway access. Mr. Hintz stated that as longas the subdivision ordinance requirements were met regarding access, state lawmandated approval of the subdivision.Al Torres came forward to discuss permitting of driveways if the property was notsubdivided at this time. Mr. Hooker stated that the applicant is looking at subdividingshortly and that a flag lot configuration would likely be used.Mr. Lawrence asked staff if any liability was incurred by the city if a residential zoningwould be approved near a water body. Mr. Hintz stated this would best be answeredby legal staff for the cityMotion, to approve as presented, was made by Joe Grimes and seconded byJennifer Boggs. The motion passed unanimously 6-0.
  179. 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: 5221 South Bryant Boulevard Frontage Road, located approximately 215 feet south of the intersection of Kimrey Lane and South Bryant Boulevard Frontage Rd, more specifically the Windwood Subdivision, Section 1, Block 1, Lot 9 in southeastern San Angelo, changing the zoning classification from General Commercial (CG) to Low Rise Multi-Family Residence (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: Z 12-08: Randy Bell WHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; 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 enactedby the governing body for the City of San Angelo on January 4, 2000 and included withinChapter 12 of the Code of Ordinances for the City of San Angelo, be and the same ishereby amended insofar as the property hereinafter set forth, and said ordinance generallyand the zoning map shall be amended insofar as the property hereinafter described: 5221South Bryant Boulevard Frontage Road, located approximately 215 feet south of theintersection of Kimrey Lane and South Bryant Boulevard Frontage Rd, morespecifically the Windwood Subdivision, Section 1, Block 1, Lot 9 in southeastern SanAngelo shall henceforth be permanently zoned as follows: Low Rise Multi-Family Residence(RM-1) District.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector 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.
  180. 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 7th day of August, 2012 and finally PASSED, APPROVED ANDADOPTED on this the 21th day of August, 2012. THE CITY OF SAN ANGELO by:____________________________________ Alvin New, MayorATTEST:by:________________________________ Alicia Ramirez, City Clerk
  181. Approved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  182. City of San AngeloMemo Meeting Date: August 7, 2012 To: City Council members From: Jeff Hintz, Planner Subject: Vision Plan Amendment to the Comprehensive Plan on the following property: Location: 6411 Knickerbocker Road, located at the southwest corner of Red Bluff Road and Knickerbocker Road, the former power station property. The area occupies approximately 200 acres out of the H.F. Gantz Survey 179, C. Damman Survey 180 AND C. A. Voigt Survey 181 in the southwest portion of San Angelo. Purpose: Approval of this request will change the vision category for the area from "Industrial" to "Transitional Area." Contacts: Jeff Hintz, Planner 325-657-4210 AJ Fawver, Planning Manager 325-657-4210 Caption: APPROVAL OF AN AMENDMENT TO VISION PLAN COMPONENT OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES COMPRISING ROUGHLY 200 ACRES IN THE ANNEXATION OF THE FORMER POWERPLANT AREA NEAR KNICKERBOCKER ROAD IN SOUTHWEST SAN ANGELO. Summary: The City Council may: Approve the proposed Vision Plan map amendment; or Modify the Vision Category to some other Vision Category deemed to be more appropriate or necessary; or
  183. Deny the proposed Vision Plan Map Amendment.Recommendation: Planning staff recommends approving the proposed Vision PlanMap Amendment.On July 16, 2012 The Planning Commission recommended approval of this amendmentby a vote of 6-0.History and Background:This area was annexed to the city limits in June of 2011. The property housed a former powerplant and is currently under the ownership of two entities, Fleet Leasing Equipment and AEPWest Texas Utilities.General Information Existing Zoning: Ranch & Estate (R&E) Existing Land Use: defunct power plant and undeveloped land Surrounding Zoning/Land Use: North: RS-1 Vacant Property and Single-Family homes West: Outside city Vacant property limits South: CG & RS-1 Vacant property and campground East: CG, CN, & Lake Nasworthy, Single-Family RS-1 homes, retail establishments, church, and vacant property Thoroughfares/Streets: Red Bluff road is defined as a "minor collector" and is designed to collect local street traffic carrying it to arterial streets at a moderate speed. Knickerbocker Road is defined as an "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. Vision Plan Map: IndustrialSpecial Information
  184. Traffic Concerns: Knickerbocker Road is designed to handle large volumes of traffic at higher speeds. Adding multiple driveways and access points presents a danger to future users of the property and those who travel Knickerbocker road. Any type of development at this location should share driveways whenever possible and limit additional entry points onto this highly trafficked thoroughfare. Density: Very low density, low intensity development is present in this area at the moment. Notification Required: NoAnalysis: The staff recommendation is based upon the statements listed below. Staff does not believe that Industrial Development is a good fit for this area given the current circumstances and development the area currently sees, and should see in the future. Knickerbocker Road is a main gateway into San Angelo and is what many visitors see when arriving into town from the airport. In addition, Lake Nasworthy is a gem of West Texas and very unique to the region in this time of drought. Staff does not feel that Industrial development is an appropriate way to sell the unique natural feature Lake Nasworthy presents to the region. Strictly commercial for the entire 200 acres would also place a high amount of stress on the roadway as multiple access points onto Knickerbocker Road will be problematic. The majority land use for this area is residential so intensive commercial development will not be a good fit for the area. The Comprehensive Plan seeks to introduce suitable buffers between commercial and residential development, allowing this entire area to be developed as commercial would be in contrast to this goal as multiple properties in this area are zoned as residential. Neighborhood Center was a vision staff had considered, but a Neighborhood Center seeks to create an identifiable node at a key intersection. While staff does realize that some streets may be necessary to connect properties and developments in the area, these streets will be local in nature and likely used for internal circulation. Major collector or arterial streets are not planned within the thoroughfare plan. As such this area would not qualify as a node at a key intersection. Several goals of the Neighborhood Center utilize sound planning principles such as synergy between neighboring properties and uses, along with reorganized and shared parking. However, a site the size of 200 acres is not appropriate as a Neighborhood Center. These Neighborhood Centers envisioned within the Comprehensive Plan are much smaller in scale and intensity and located on key intersections within the city.
  185. Transition Areas are designed to be buffers and allow a multitude of zoning districts justlike a Neighborhood Center does. Transition Areas will allow for both residential andcommercial development alike. One goal from the Comprehensive Plan for TransitionAreas is to, "Revitalize Aged Commercial Corridors." Knickerbocker Road has been amain corridor into town for decades from Mathis Field and is set up for infilldevelopment, another goal of Transition Areas. this property is ready for an infill projectthat incorporates both residential and compatible commercial development. By allowingthe vision for the area to be changed form "Industrial" to "Transition Area" the city willallow this appropriate infill development to occur.The second goal of Transition Areas is to, "blend intensive commercial areas intoneighborhoods seamlessly." A transition area will transition this property from theintensely trafficked commercial areas along Knickerbocker Road into the surroundingresidential properties much better than an industrial area will. Some commercialdevelopment within the site mixed with residential development will allow thedevelopment to be compatible with the surrounding neighborhood and allow for a mixeduse site that is walkable and provides amenities within close proximity to existing andfuture residential development.Transition Areas are highly flexible and designed to allow for increased density and amix of uses when compared to the vision for "Neighborhood" areas. In achieving thismix of uses and increased density, the development should not be as intense as areascalled for as commercial, Neighborhood Center, or Downtown within theComprehensive Plan. This variety of development allowed for and at a scale moreintense than a "Neighborhood," but less intense than other vision categories is a mixthat staff believes will be highly successful in this area. This corridor is in need of someinfill development and a transition area will allow for a variety of development at anappropriate scale for the surrounding properties.Attachments: Current Vision Plan Map of the area; Proposed Vision Plan Map of the area; and draft Planning Commission Meeting Minutes.Presentation: AJ Fawver, Planning ManagerReviewed by: AJ Fawver, Planning Manager (July 11, 2012)
  186. VI. Discussion and possible action to amend portions of the Vision Plan Component of the 2009 update to the San Angelo Comprehensive Plan, specifically properties comprising roughly 200 acres in the annexation of the former power plant area near Knickerbocker Road in southwest San Angelo. Mr. Hintz came forward to present the amendment to the Vision Map portion of the Comprehensive Plan, consistent with staff’s recommendation of approval. Currently this area is envisioned as “Industrial.” The general area is predominately residential and is surrounded by mainly residential property and Lake Nasworthy. Mr. Hintz discussed when the area was annexed to the city limits and the surrounding zoning and land uses present. Mr. Hintz discussed the vision plan category staff would recommend which was “Transitional.” Mr. Hintz covered the options the commission has regarding this request and staff’s recommendation of approval. Mr. Hintz discussed that industrial development was not the best land use for the area and that it is not appropriate on one of the main gateways into town. He described the lake as a unique resource for West Texas in this time of drought and that industrial development on the site could lead to a lack of development at the lake and the neighborhoods around the lake. Mr. Hintz reviewed why Neighborhood Center and Commercial visions would not be sustainable for this area. The commercial categories are not appropriate transitions into the surrounding neighborhood and 200 acres of commercial development would add a traffic load that is not sustainable for the area. Mr. Hintz reviewed characteristics of Neighborhood Center-envisioned areas and how they are intended for nodes at key intersections throughout town. He also pointed out that Neighborhood Centers are highly walkable and connected to the surrounding properties and that would be highly encouraged with future development at this location. Mr. Hintz stated that “Transition Area” was the best fit in the vision plan and will allow for both commercial and residential development moving forward. A main goal of transitional areas is to revitalize aged commercial corridors, which Knickerbocker Road would certainly fit that description in staff’s opinion. Transition areas are suitable buffers to neighborhoods and will allow staff and Planning Commission to evaluate proposals as transitional or not in moving forward. These proposals can be both residential and commercial in nature so long as they provide some sort of transition between more intense commercial uses and a neighborhood, which is the second and final goal of transition areas within the Comprehensive Plan as pointed out by Mr. Hintz. He also pointed out that this Vision category is less intense than "Commercial" and "Neighborhood Center", but more intense than a "Neighborhood" area. Ms. Grindstaff came forward to discuss the annexation of this property back in 2011. She discussed her interactions with the owners of the site and their plans moving forward they had at the time of purchase. She discussed the lake area plan with Gateway Planning and that this property is certainly part of the vision for the lake plan moving forward. She could envision the city being the proponent of some zone
  187. changes on the property moving forward as the city had initiated the annexation tobegin with.Mr. Hintz stated that this property has more benefit to the city as a whole as atransitional area rather than an industrial area on a main gateway into town.Mr. Wynne asked if this change would prevent the property being used as a powerplant in the future. Mr. Hintz stated if it could be sold as a buffer or transition into theneighborhoods surrounding the property it would be considered. However, he alsopointed out a power plant is an industrial use and a very intense land use and wouldnot be recommended by staff as a transition or buffer into a neighborhood.Ms. Grindstaff came forward to discuss the owner’s plans as she understood themand the intention was to sell the metal and develop the property in another fashion.Ms. Grindstaff and Mr. Lawrence pointed out that future development of a powerplant on this location would be unlikely as better technology had been around andreusing this plant would not be cost effective. Ms. Grindstaff also pointed out that theowner of the property is likely looking for some support from the city as per herdiscussions with the owner, and their ambitions for the property moving forward werenot industrial in nature.Motion, to approve the Vision Plan amendment as presented, was made by JoeGrimes and seconded by Sam Tambunga. The motion passed unanimously, 6-0.
  188. City of San AngeloMemo Date: July 26, 2012 To: Mayor and Councilmembers From: Robert Schneeman, Development Coordinator Subject: Agenda Item for August 7, 2012 Council Meeting Contact: Shawn Lewis, 657-4210 Caption: Regular Agenda Item Consideration of a Tax Increment Reinvestment Zone Board (TIRZ) recommendation to award Bid ES-02-12 for Chadbourne Street Pedestrian Improvement Project to Templeton Construction Company, (San Angelo, Texas) including the base bid in the amount of $1,198,000.00 and Bid Alternatives Numbers 4,5,& 6 in the amount of $204,500.00 for a total contract amount of $1,402,500.00 and authorizing the Interim City Manager to negotiate a contract and any related documents Summary: City staff has received two bids for the Downtown Pedestrian Improvement Plan. The low bidder, Templeton Construction, came in at a cost of $1,198,000. At it’s regular meeting of July 18, 2012 the Tax Increment Reinvestment Zone (TIRZ) Board approved a recommendation for Council to consider approving the selection of Templeton Construction and to authorize the contract to include the base bid plus bid alternatives numbers 4, 5, and 6 for a total contract amount of $1,402,500.00 History: City staff has received two bids for the Downtown Pedestrian Improvement Plan. The low bidder, Templeton Construction, came in at a cost of $1,198,000. This agenda item serves two purposes: 1. Discuss the possibility of authorizing additional streetscape project components for which we solicited bids from contractors (additional intersections, additional block faces, etc.) 2. Recommend awarding the base bid with alternates 4, 5, and 6 as outlined below. BASE BID COSTS: Project Component TxDOT Grant Cost Per $’s Applied Templeton th rd Chadbourne, 5 to 3 $0 $444,386 rd Chadbourne, 3 to Beauregard $452,514 $452,514 Intersection of Chadbourne & Concho $50,000 $203,300 Barricades, Mobilization, Contingency $45,350 $97,800 AVAILABLE FUNDS AFTER BASE BID:
  189. Balance of TxDOT grant after base bid funded: (can $25,657 be spent on add alternates) North TIRZ shortfall to fund Barricades, Mobilization, $26,225 (total amount minus Contingency after TxDOT grant applied what grant will pay, split betwn north/downtown) South TIRZ shortfall to fund Barricades, Mobilization, $26,225 (total amount minus Contingency after TxDOT grant applied what grant will pay, split between north/downtown) Shortfall needed from Downtown TIRZ to complete $153,300 Chadbourne & Concho intersection Balance of Downtown TIRZ after base bid and $127,075 contingency: (to be used on add alternates)Financial Impact: $1,402,500.00 as proposed by staffRelated Vision Item(if applicable):Other Information/ Staff recommends approval as presentedRecommendation:Attachments: Bid Tabulation Sheet, Project Design Graphic, Project Summary, and TIRZ Draft Minutes 07-18-12Presentation: Shawn Lewis, Director of Community & Economic Development & Clinton Bailey, City EngineerPublication:Reviewed by Shawn Lewis, ext 1541Director:Approved by Legal:
  190. CITY OF SAN ANGELO BID TABULATION * RFB NO: ES-02-1/Pedestrian Improvement Project * July 12, 2012 JRs Landscaping TempletonBase Bid - Chadbourne Street from 5th Street to Beauregard $ 818,873.90 $ 896,900.00AvenueBase Bid - Chadbourne Street & Concho Avenue Intersection $ 299,723.00 $ 203,300.00Barricades, Moblization, Contigency $ 136,000.00 $ 97,800.00 Total Base Bid $ 1,254,596.90 $ 1,198,000.00 Rank 2 1Alternative #1 - Chadbourne Street & Twohig Avenue Intersection $ 294,276.00 $ 293,100.00Alternative #2 - Chadbourne Street from Twohig Avenue to ConchoAvenue Mid-Block East Side North Part $ 130,755.00 $ 86,700.00Alternative #3 - Chadbourne Street from Twohig Avenue to ConchoAvenue Mid-Block East Side South Part $ 91,695.00 $ 95,000.00Alternative #4 - Chadbourne Street from Twohig Avenue to ConchoAvenue Mid-Block West Side North Part $ 115,340.00 $ 79,900.00Alternative #5 - Chadbourne Street from Twohig Avenue to ConchoAvenue Mid-Block West Side South Part $ 82,085.00 $ 66,700.00Alternative #6 - Southeast Corner of Twohig Avenue & Oaks Street $ 51,825.00 $ 57,900.00 Total Alternates $ 765,976.00 $ 679,300.00 Total Base Bid & Alternates $ 2,020,572.90 $ 1,877,300.00 Rank 2 1Y:Boards & CommissionsTIRZMEETINGS201207-18-12Bid Tab Summary Downtown Pedestrian Imprvement Project
  191. BASE BID:Intersectionof Concho &Chadbourne
  192. Mid-block Add Alternates (#’s 2-5) Graphic #2 & # 3--East side of mid-block: $181,700 #4 & #5--West side of mid-block: $146 600 #5 West mid block: $146,600
  193. SE Corner of Oakes & Twohig: $57,900
  194. Base Bid: 3rd to 5th, Full Streetscape Concrete/brick Tree/tree well Brick Street light New curbing Trash receptacle Bench
  195. Base Bid: 3rd to Beauregard
  196. MINUTE RECORD OF THE CITY OF SAN ANGELO TAX INCREMENT REINVESTMENTZONE MEETING HELD ON WEDNESDAY, JULY 18, 2012 AT 12:00 PM, MCNEASECONVENTION CENTER, 500 RIO CONCHO DRIVE.PRESENT: Lee Pfluger, David Mazur, Rod Villegas, Nelly Perez, Roger Allen, William Dendle, Bob PflugerABSENT: John Calvert (AU), Mike Campbell (AU) & Rebekah Brackin (AE) & Craig Kinney (AU)STAFF: Shawn Lewis, Director of Community & Economic Development Robert Schneeman, Development Coordinator Nora Regino, Sr. Administrative AssistantI. Call to order, establish quorum The meeting was called to order at 12:04 pm. It was established that a quorum was present.II. Public comment The chair will call for public comment on each item on the agenda at its appropriate time. Public input on an item not on the agenda may be identified and requested for consideration by the board at this time. There was no public comment.III. Consideration of approving the minutes from the June 20, 2012 meeting. Motion, to accept minutes as presented, was made by William Dendle with a second by David Mazur. Motion passed unanimously, 7-0.IV. Review and consideration of the current financial report(s) (Presentation by Development Coordinator, Bob Schneeman) Bob Schneeman, Development Coordinator, came forward to present this item. No public comment was made.V. Consideration and possible action regarding the Bid Tabulation for RFB No. ES-02-1, Pedestrian Improvement Project (Presentation by Community & Economic Development Director, Shawn Lewis and City Engineer Clinton Bailey) Shawn Lewis, Director of Community & Economic Development and Clinton Bailey, City Engineer, presented this item. Mr. Lewis explained that city staff received two bids. The lower bidder, Templeton Construction, came in at a cost of $1,198,000. Page 1 of 2
  197. Motion to approve staff recommendation to present to Council a recommendation to approve the selection of Templeton Construction and to fund the base bid plus bid alternates 4, 5, and 6 ( the west side of Chadbourne between Concho and Twohig Avenues, both sections, and the southeast corner of Twohig Avenue and Oakes Street) was made by David Mazur with a second by Rod Villegas. Motion passed unanimously, 7-0.VI. Status update regarding Downtown and North Angelo Incentives projects (Presentation by Development Coordinator, Bob Schneeman) Due to time constraint, item will be presented at the next regularly scheduled meeting, August 15, 2012.VII. Announcements and consideration of future agenda items NoneVIII. Adjournment Motion, to adjourn, was made by Roger Allen and seconded by Bob Pfluger. The motion carried unanimously and the meeting was adjourned at 1:32 pm. _________________________________________ Lee Pfluger, TIRZ Chairman Page 2 of 2
  198. City of San Angelo Finance DepartmentMemo Date: August 1, 2012 To: Mayor and Councilmembers From: Laura Brooks, Budget Analyst, Sr. Subject: Agenda Item for August 7, 2012 Council Meeting Contact: Morgan Trainer, Budget Manager, 653-6291 Caption: Regular Item Discussion of the 2012-2013 budget goals, policy, City funds, and consideration of a record vote to propose a property tax rate for FY2012- 2013 Summary: We will continue discussions of the Fiscal Year 2012-2013 Budget. We will continue discussion of General Fund items covered during previous City Council meetings and work sessions, and will finalize what items will be included in the budget ordinance. Truth in Taxation Code requires a record vote of a proposed property tax rate if the proposed tax rate will raise more funds than taxes received during the previous year. The increase in funds is due to properties which have been re-appraised and new property added to the tax rolls. History: Staff has discussed with Council during June and July 2012, the budget and budget process. Financial Impact: Discussion at the City Council meeting. Related Vision Item (if applicable): Financial Vision. Other Information/Recommendation: Staff recommends a proposed tax rate of $0.786 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 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: Yes Publication: Notice of Effective Tax Rate – Published to the internet and the San Angelo Standard Times (August 3, 2012) Reviewed by Service Area Director: Michael Dane

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