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, April 19, 2011 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 6:30 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. Proclamation “Epsilon Sigma Alpha Founders’ Week”, Week of May 2, 2011, to be accepted by Laura Martin, President of Theta Alpha Chapter #1503-ESA D. Recognition “Cheyenne Winters” for her advocacy and involvement in Crime Victims’ Rights Week E. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.II. CONSENT AGENDA 1. Consideration of approving the April 5, 2011 City Council Regular meeting minutes 2. Consideration of approving a residential lease renewal at Lot 114, Group Red Bluff, 3265 Red Bluff West (Hitt), and authorizing the Water Utilities Director to execute the same 3. Consideration of accepting the Texas Department of Transportation Click It or Ticket Grant in the amount of $4,000.00 and authorization for the City Manager or his designee to execute said Grant Agreement and any necessary related documents 4. Consideration of approving a Cooperative Assistance Agreement between the City of San Angelo and the United States Department of the Interior Bureau of Reclamation authorizing assistance in fencing critical areas of the Twin Buttes Reservoir and authorizing the Mayor and/or the City Manager to execute said Agreement and any necessary related documentsCity Council Agenda Page 1 of 5 April 19, 2011
5. Consideration of adopting a Resolution authorizing the City Manager or his designee to negotiate and execute an Interlocal Agreement with Harris County Department Of Education, which sponsors Choice Facility Partners, and authorizing the City Manager or his designee to make use of the system for approved purchases 6. Consideration of authorizing the City Manager to execute a Mutual Aid Agreement between the City of San Angelo and Goodfellow Air Force Base concerning hazardous material and Weapons of Mass Destruction 7. 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 11-03: Elite Electrical Services 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: lot at southwest corner of South Bryant Boulevard and West Avenue U in south central San Angelo, specifically being Lot 7 in Block 8 of LaVillita Heights Addition to San Angelo, changing the zoning classification from a Neighborhood Commercial (CN) to an Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 8. Second Hearing and consideration of adoption of an Ordinance repealing the Miles water rate AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, SECTION 8.200 (a)(1) MONTHLY WATER RATES BY DELETING THE EXISTING MILES WATER RATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE 9. Second Hearing and consideration of adoption of an Ordinance amending the 2010-2011 Budget for capital projects and new projects AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR NEW PROJECTS, EXISTING PROJECTS, GRANTS, INCREASED REVENUE AND RELATED EXPENSEIII. 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 551.087 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 Angelo Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section §551.071 to receive advice from counsel regarding the City’s redistricting obligations 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 discuss the purchase, sale, exchange, lease, or value of real propertyCity Council Agenda Page 2 of 5 April 19, 2011
G. PUBLIC HEARING AND COMMENT 10. Presentation and discussion of matters related to the 2010 Census data and Redistricting: a. Presentation and discussion of Initial Assessment regarding the need to redistrict the City Councilmember Districts based on recently issued 2010 Census data b. Discussion of traditional redistricting criteria and possible adoption of criteria to be utilized by the City for the 2011 redistricting process c. Discussion and possible action to adopt redistricting guidelines which control the process and schedule for the 2011 redistricting d. Consideration of adopting a Resolution of the City Council of the City of San Angelo, Texas adopting criteria for the use in the Redistricting 2011 process; and proving for an effective date e. Consideration of adopting a Resolution of the City Council of the City of San Angelo, Texas establishing guidelines for persons submitting comments and specific redistricting proposals; and providing for an effective date (Presentation by City Attorney Lysia H. Bowling and Sydney W. Falk, Jr. of Bickerstaff Heath Delgado Acosta LLP) 11. Consideration of adopting a Resolution directing publication of notice of intention to issue combination tax and revenue certificates of obligation (Presentation by Finance Director Michael Dane) 12. First Public Hearing and consideration of introduction of an Ordinance amending Fire Department classified positions, specifically Driver position AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING ARTICLE 2.1500, ENTITLED “CLASSIFIED SERVICE,” SECTION 2.1502, ENTITLED “CLASSIFICATION PLAN,” PARAGRAPH (b), ENTITLED “STAFFING LEVELS,” SUBPARAGRAPH (1)(A), ENTITLED “FIRE DEPARTMENT,” TO CHANGE THE NUMBER OF AUTHORIZED POSITIONS FOR THE FIRE DEPARTMENT BY DECREASING THE NUMBER OF FIRE ENGINEER (DRIVER) FROM SIXTY-SIX (66) TO THIRTY-THREE (33), AND INCREASING THE NUMBER OF FIRE FIGHTER FROM SIXTY-TWO (62) TO NINETY-FIVE (95), SAID CHANGE TO BE EFFECTIVE ON MAY 3, 2011 AND; PROVIDING FOR SEVERABILITY, AND PROVIDING EFFECTIVE DATES (Presentation by Fire Chief Brian Dunn) 13. First Public Hearing and consideration of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-04: Sherri and John Jones, Jr. 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: 6005-6007 Knickerbocker Road at southwest corner of Red Bluff and Knickerbocker Roads, specifically on Lot 2 in Block 2 of Lake Nasworthy Addition Group Twenty-One, changing the zoning classification from Neighborhood Commercial (CN) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver)City Council Agenda Page 3 of 5 April 19, 2011
14. First Public Hearing and consideration of an Ordinance amending Chapter 10 (Traffic Control) in the Code of Ordinances, City of San Angelo AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.100 ENTITLED “PARKING RESTRICTED IN RESIDENTIAL DISTRICTS,” SECTION 10.1005 ENTITLED “EXCEPTIONS,” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, BY AMENDING SECTION 10.1005 AND ADDING SUBSECTION 10.1005(5) TO THE LIST OF EXCEPTIONS ALLOWED FROM THE GENERAL PROHIBITION ON PARKING TRAILERS, SEMI- TRAILERS, POLE TRAILERS, COMMERCIAL VEHICLES, TRUCK TRACTORS AND RECREATIONAL VEHICLES ON A STREET OR LOT IN A RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE (Presentation by Planning Manager AJ Fawver) 15. Discussion and possible action regarding the City’s Affordable Housing Program relative to Target Neighborhood revitalization efforts (Requested by Councilmember Adams and Presentation by Neighborhood and Family Services Director Bob Salas) 16. Discussion and consideration of the possibility of issuing rebates of Water Fees and any action related thereto (Presentation by Finance Director Michael Dane) 17. Presentation and discussion on the conservation credit portion of the Water Rate Structure (Presentation by Finance Director Michael Dane and Billing Supervisor Mary Cleveland) 18. Discussion and possible action regarding an architectural and professional services contract (RFQ PD- 01-10) with Wigington Hooker Jeffry for a feasibility study and design development for a future law enforcement center and authorization for the City Manager to execute said contract (Presentation by Police Chief Tim Vasquez and Assistant City Manager Elizabeth Grindstaff) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 19. Consideration to reconsider the Ordinance limiting the number of annual garage sales approved and adopted by City Council on March 22, 2011 and in accordance to Chapter 1, Section 1.1002 of the Code of Ordinance (Requested by Councilmember Morrison) 20. Consideration of matters discussed in Executive/Session, if needed 21. Consideration of authorizing the City Manager or his designee to execute Task Order No. 15, and all related documents, between the City of San Angelo and KSA Engineers for air service marketing services in the amount of $62,325 at San Angelo Regional Airport (Presentation by Airport Director Luis Elguezabal) 22. Consideration of adopting a Resolution authorizing the City Manager or his designee to negotiate and execute a Termination of Lease Agreement and release of claim with Skyline Aviation, Inc. 23. Consideration of adopting a Resolution authorizing the City Manager or his designee to negotiate and execute a Lease Agreement and related documents with Palm Beach Jet Group, Inc. for property located at the San Angelo Regional AirportCity Council Agenda Page 4 of 5 April 19, 2011
24. Consideration of Future Agenda Items 25. Consideration of rescheduling or canceling the June 21, 2011 City Council meeting 26. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Friday, April 15, 2011, at 5:30 P.M. /s/________________________ Alicia Ramirez, City ClerkCity Council Agenda Page 5 of 5 April 19, 2011
PROCLAMATIONWHEREAS, Epsilon Sigma Alpha International was founded in 1929, the first non-collegiate sorority in America as an organization in which women could learn, grow, and serve together; andWHEREAS, Epsilon Sigma Alpha International this year is observing its 78th anniversary as an organization of international leadership and service with thousands of members in over 1200 chapters to excel in education, service, and philanthropy; andWHEREAS, The women of Epsilon Sigma Alpha International provide 650,000 direct service hours each year and raise over $10 million each year for charitable causes while developing their personal skills in management, public relations, and leadership; andWHEREAS, Epsilon Sigma Alpha International has achieved a position of high esteem for providing hope, assistance, and answers in areas of need; andWHEREAS, Such important contributions made by the Theta Alpha Chapter of Epsilon Sigma Alpha International have become an integral part of our community while bringing good people together to do good things;NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the CityCouncil, do hereby proclaim the week of May 2, 2011, as “EPSILON SIGMA ALPHA FOUNDERS’ DAY WEEK”and urge all citizens to join me in commending the good works of Theta Alpha Chapter and theirservice to our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 19th day of April, 2011. THE CITY OF SAN ANGELO _________________________________ ALVIN NEW, MAYOR
NEWBRIDGE FAMILY SHELTER Bridging People to Lives Without Abuse April 15, 2011Dear City Council, Home should be a place of warmth, unconditional love, tranquility,and security, but tragically, for many Americans, these are blessings thatare tarnished by fear and violence; According to the Texas Council of Family there were 111 womenkilled by their intimate partner in 2009. The youngest of those being, a 13year girl, killed by her boyfriend. In 19 cases out of 111, 1 or more childrenwitnessed the death of their mother. Cheyenne Winters, not only lived through this fear and violence but issurvivor of family violence. There are times where a victims voice is neverheard. We may never know what they are feeling or what they haveendured. You may never see the tears and the hardships. Cheyenne is heretoday to share a little bit of her struggles and demonstrate the courage toleave that relationship and speak out against domestic violence. Many victims rely on local agencies and community support. But attimes we all get caught up in our everyday lives and we forget to rememberthat someone is fighting for their life today. Cheyenne is survivor who isfortunate to be here and share her story with us today. And because of thisreorganization has the opportunity to reach out to other victims of familyviolence. Her hopes are to reach at least one or more victims so that they tocan live a life free of abuse.Sincerely,Carol SalazarProgram Director Violence Hotlines: (325) 655-5774 or (800) 749-8631 P.O. Box 5018 – San Angelo, Texas 76902 – 325-658-8631 – fax 325-659-2070
CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 607Tuesday, April 5, 2011 Vol. 102 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:05 A.M., Tuesday, April 5, 2011, inthe San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorizedmembers of the Council, to-wit: Mayor, Alvin New Councilmember Paul Alexander Councilmember Dwain Morrison Councilmember Johnny Silvas Councilmember Fredd B. Adams, II Councilmember Kendall Hirschfeld Councilmember Charlotte Farmerwere present and acting, thus constituting a quorum. Whereupon, the following business was transacted:An invocation was given by Councilmember Adams and pledge was led by Esther Whited, 4th grade student atof Trinity Lutheran School.PROCLAMATIONS AND RECOGNITION“Day of Prayer for Rain in San Angelo”, was accepted by Bishop Michael D. Pfiefer, OMI.“Alcohol Awareness Month” April 2011, was accepted by Julie Alonzo, Director of Operations, Alcohol &Drug Abuse Council for the Concho Valley CV CARES Coalition.“Mr. Cal Sugg” recognized for his dedicated service as a Board Member on the Park Commission.PUBLIC COMMENTNo one came forward to comment publicly.CONSENT AGENDAAPPROVAL OF THE MARCH 22, 2011 CITY COUNCIL REGULAR MEETING MINUTESAWARD OF BIDS AND AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TOEXECUTE ANY NECESSARY RELATED DOCUMENTS:AP-01-11: Rehabilitation Construction of Runway 3-21 at San Angelo Regional Airport, Blue Bay, $538,987.28VM-02-11: Class 8 Haul Truck, Corley Freightliner (San Angelo, TX), $115,599.00AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE TASK ORDER NO.14, AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND KSAENGINEERS FOR ARCHITECTURAL/ENGINEERING SERVICES IN THE AMOUNT OF $31,674 ATSAN ANGELO REGIONAL AIRPORTAPPROVAL OF A $60,000 FUNDING REQUEST FROM BUDGETED CITY OF SAN ANGELODEVELOPMENT CORPORATION AFFORDABLE HOUSING PROGRAM FUNDS TO REIMBURSETHE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUND FOR THE PURCHASE OFSIDING, PAINT AND OTHER MATERIALS NEEDED TO UNDERTAKE HOUSING IMPROVEMENTSSCHEDULED FOR THE CITY OF SAN ANGELO NEIGHBORHOOD BLITZ IN THE RIO VISTANEIGHBORHOOD
Page 608 MinutesVol. 102 April 5, 2011AUTHORIZATION FOR THE SAN ANGELO FIRE DEPARTMENT TO PARTICIPATE IN THE 2011MUSCULAR DYSTROPHY ASSOCIATION (MDA) FILL THE BOOT CAMPAIGNAPPROVAL OF TWO PROPOSED EASEMENTS AND RIGHTS OF WAY REQUESTED BY AEP TEXASNORTH COMPANY FOR UNDERGROUND ELECTRICAL LINES AND EQUIPMENT AT TWOLOCATIONS: CITY HALL REHABILITATION AND THE NEW FIRE STATION #7SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 10, ARTICLE10.600 IN RELATION TO ANGLE PARKING ZONES (ANNEX A, PAGE 613, ORDINANCE 2011-04-034)AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.600 (ANGLE PARKING ZONES) OF THECODE OF ORDINANCES, CITY OF SAN ANGELO AN ORDINANCE AMENDING CHAPTER 10,ARTICLE 10.600 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS; SAIDAMENDMENT AUTHORIZING ADDITION OF “ANGLE PARKING “ZONES ON THE FOLLOWINGSEGMENTS OF EAST AVENUE K: A SEGMENT ON THE NORTH SIDE OF EAST AVENUE K,BEGINNING AT A POINT 40 FEET EAST FROM THE NORTHEAST CORNER OF INTERSECTINGRIGHTS- OF-WAY FOR METCALFE STREET AND EAST AVENUE K, EXTENDING FOR ADISTANCE OF 60 FEET FURTHER IN AN EASTERN DIRECTION, AND A SEGMENT ON THENORTH SIDE OF EAST AVENUE K, BEGINNING AT A POINT 35 FEET WEST FROM THENORTHEAST CORNER OF INTERSECTING RIGHTS-OF-WAY FOR SOUTH CONCHO PARK DRIVEAND EAST AVENUE K, EXTENDING FOR A DISTANCE OF 84 FEET FURTHER IN A WESTERNDIRECTION, SPECIFICALLY FOR USE OF MOTOR VEHICLE PARKING ACCESSORY TO THEEXCLUSIVE PEDESTRIAN AND BICYCLE CROSSING ON LONE WOLF BRIDGE; PROVIDING FORSEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATESECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING ORDINANCE RELATING TOCLASSIFIED (POLICE) STAFFING LEVELS DUE TO CONSOLIDATION OF LAKE, PARK & AIRPORTPOLICE WITH THE SAN ANGELO POLICE DEPARTMENT; TO WIT: (ANNEX B, PAGE 615,ORDINANCE 2011-04-035)AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION” OF THE CODE OFORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING ARTICLE 2.1500, ENTITLED“CLASSIFIED SERVICE,” SECTION 2.1502, ENTITLED “CLASSIFICATION PLAN,” PARAGRAPH (b),ENTITLED “STAFFING LEVELS,” SUBPARAGRAPH (1)(B), ENTITLED “POLICE DEPARTMENT,” TOCHANGE THE NUMBER OF AUTHORIZED POSITIONS FOR THE POLICE DEPARTMENT BYINCREASING THE NUMBER OF POLICE SERGEANT FROM TWENTY-SEVEN (27) TO TWENTY-EIGHT (28), AND INCREASING THE NUMBER OF POLICE OFFICER FROM ONE HUNDREDTWENTY-ONE (121) TO ONE HUNDRED TWENTY-SIX (126), SAID CHANGE TO BE EFFECTIVE ONAPRIL 5, 2011 AND; PROVIDING FOR SEVERABILITY, AND PROVIDING EFFECTIVE DATESSECOND HEARING AND ADOPTION OF AN ORDINANCE REPEALING ARTICLE 5.100, SECTION5.107 CITY CODE OF ORDINANCES ALCOHOLIC BEVERAGES REGULATIONS, AS IT PERTAINSTO THE POSSESSION OF OPEN CONTAINERS AND CONSUMPTION OF ALCOHOLIC BEVERAGESIN THE DOWNTOWN AREA (ANNEX C, PAGE 617, ORDINANCE 2011-04-036)AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES FOR THE CITY OF SANANGELO, TEXAS, “BUSINESS AND COMMERCE”, ARTICLE 5.100, “ALCOHOLIC BEVERAGESREGULATIONS”, BY REPEALING SECTION 5.107 ENTITLED “ALCOHOL IN THE CENTRALBUSINESS DISTRICT”, WHICH SECTION PROHIBITS THE POSSESSION OF AN OPEN CONTAINEROF ALCOHOL OR THE PUBLIC CONSUMPTION OF ALCOHOL IN THE CENTRAL BUSINESSDISTRICT OF THE CITY OF SAN ANGELO AS DESCRIBED IN SECTION 5.107(c); AND PROVIDINGFOR AN EFFECTIVE DATE
Minutes Page 609April 5, 2011 Vol. 102SECOND HEARING AND ADOPTION OF ORDINANCE CANCELING THE MAY 14, 2011 GENERALELECTION FOR MAYOR, SINGLE MEMBER DISTRICTS 2, 4, AND 6 AND DECLARING EACHUNOPPOSED CANDIDATE ELECTED TO OFFICE (ANNEX D, PAGE 619, ORDINANCE 2011-04-037)AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, ACCEPTINGTHE CERTIFICATION OF UNOPPOSED STATUS FROM THE CITY CLERK FOR THE POSITIONS OFMAYOR AND COUNCILMEMBER, SINGLE MEMBER DISTRICT TWO (2), COUNCILMEMBER,SINGLE MEMBER DISTRICT FOUR (4), AND COUNCILMEMBER, SINGLE MEMBER DISTRICT SIX(6); DECLARING THE MAY 14, 2011, ELECTION FOR MAYOR AND COUNCILMEMBER, SINGLEMEMBER DISTRICT TWO (2), COUNCILMEMBER, SINGLE MEMBER DISTRICT FOUR (4), ANDCOUNCILMEMBER, SINGLE MEMBER DISTRICT SIX (6), CANCELED; DECLARING THAT ALVINNEW IS ELECTED TO THE OFFICE OF MAYOR, DWAIN MORRISON IS ELECTED TO THE OFFICEOF COUNCILMEMBER, SINGLE MEMBER DISTRICT TWO (2); FREDD B. ADAMS IS ELECTED TOTHE OFFICE OF COUNCILMEMBER, SINGLE MEMBER DISTRICT FOUR (4); AND CHARLOTTEFARMER IS ELECTED TO THE OFFICE OF COUNCILMEMBER, SINGLE MEMBER DISTRICT SIX(6); AND ESTABLISHING AN EFFECTIVE DATEMotion, to approve the Consent Agenda, as presented, was made by Councilmember Morrison and seconded byCouncilmember Adams. Motion carried unanimously.REGULAR AGENDA: PUBLIC HEARING AND COMMENTADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS,ACKNOWLEDGING THE NECESSITY FOR FEDERAL, STATE, AND LOCAL OFFICIALS TOCOLLECTIVELY ADDRESS ON A NONPARTISAN BASIS THE REDUCTION OF PROPOSEDFUNDING CUTS; AND, RESPECTFULLY REQUESTING THAT FEDERAL AND STATEGOVERNMENT OFFICIALS WORK COLLECTIVELY WITH LOCAL OFFICIALS TO DEVELOPSOLUTIONS TO CLOSE BUDGET SHORTFALLS; AND URGING THE TEXAS LEGISLATURE TOREFRAIN FROM INTRODUCING, CONSIDERING, OR PASSING LEGISLATION FOR UNFUNDEDMANDATES (ANNEX E, PAGE 623, RESOLUTION 2011-04-038)City Manager Harold Dominguez, CEO of San Angelo Community Medical Center Brad Holland and Directorof Business Development/Marketing Sheryl Pfluger presented background information.Motion, to adopt the Resolution, as presented, was made by Councilmember Morrison and seconded byCouncilmember Hirschfeld. Motion carried unanimously.PRESENTATION AND DISCUSSION OF THE LONE WOLF BRIDGE CONSTRUCTION PROJECTRequested by Councilmember Silvas and Transportation Planner Doray Hill and Donald Peterson of SanAngelo Texas Department of Transportation District presented background information. A copy of thepresentation is part of the Permanent Supplemental Record.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 11-03: Elite Electrical ServicesAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: lot at southwest corner of South Bryant Boulevard and West Avenue Uin south central San Angelo, specifically being Lot 7 in Block 8 of LaVillita Heights Addition to San Angelo,changing the zoning classification from a Neighborhood Commercial (CN) to an Office Warehouse (OW)District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
Page 610 MinutesVol. 102 April 5, 2011Principal Planner Brad Stone presented background information. A copy of the presentation is part of thePermanent Supplemental Record.Public comment was made by Proponents Joe Garcia and Hector Garcia.Motion, to introduce Ordinance, as presented, was made by Councilmember Silvas and seconded byCouncilmember Morrison. Motion carried unanimously.RECESSAt 9:59 A.M., Mayor New called a recess.RECONVENEAt 10:17 A.M., Council reconvened, and the following business was transacted:FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE REPEALING THE MILESWATER RATEAN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, SECTION 8.200 (a)(1) MONTHLY WATER RATES BY DELETING THEEXISTING MILES WATER RATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR ANEFFECTIVE DATEWater Utilities Director Will Wilde presented background information.Motion, to introduce Ordinance, as presented, was made by Councilmember Morrison and seconded byCouncilmember Silvas. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2010-2011BUDGET FOR CAPITAL PROJECTS AND NEW PROJECTSAN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCALYEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR NEW PROJECTS,EXISTING PROJECTS, GRANTS, INCREASED REVENUE AND RELATED EXPENSEFinance Director Michael Dane presented background information. He clarified the amount on the cover memoshould read $21,947,156.Considerable discussion was held on the purchase of the Code Compliance mowers & equipment and Landfillfund.Motion, to introduce Ordinance, as presented, was made by Councilmember Alexander and seconded byCouncilmember Farmer. AYE: New, Alexander, Silvas, Hirschfeld, and Farmer NAY: Morrison and Adams.Motion carried 5-2.APPROVAL OF A RECOMMENDATION AND RATIFICATION OF THE CITY OF SAN ANGELODEVELOPMENT CORPORATION APPROVAL OF A PROPOSAL TO CONDUCT AN ANALYSIS OFTHE CITY OF SAN ANGELO’S DEVELOPMENT REVIEW PROCESS AND COMPOSE AN ACTIONPLAN FOR STREAMLINING THE PROCESS AND IMPROVING THE ORGANIZATIONAL CULTUREOF THE RELATED DEPARTMENTS TO IMPROVE CUSTOMER SERVICE, IN AN AMOUNT NOT TOEXCEED $35,000.00Community and Economic Development Director Shawn Lewis presented background information. A copy ofthe presentation is part of the Permanent Supplemental Record.Motion, to approve and ratify, as presented, was made by Councilmember Adams and seconded byCouncilmember Alexander. AYE: New, Alexander, Adams, Hirschfeld, and Farmer. NAY: Morrison andSilvas. Motion carried 5-2.
Minutes Page 611April 5, 2011 Vol. 102RECESSAt 11:34 A.M., Mayor New called a recess.RECONVENEAt 11:38 A.M., Council reconvened, and the following business was transacted:EXECUTIVE/CLOSED SESSIONAt 11:45 A.M., Council convened in Executive Session under the provision of Government Code, Title 5.Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D.Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or otherincentive to a company or companies with whom the City of San Angelo is conducting economicdevelopment negotiations and which the City of San Angelo seeks to have, locate, stay or expand in SanAngeloOPEN SESSION (continued)At 12:00 P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:RECESSAt 12:00 P.M., Mayor New called a recess.RECONVENEAt 12:16 P.M., Council reconvened, and the following business was transacted:FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONNo action was taken on matters discussed in Executive/Closed Session.APPROVAL OF VARIOUS BOARD NOMINATIONS BY COUNCIL AND DESIGNATEDCOUNCILMEMBRS:Zoning Board of Adjustment: Theaha McClendon (SMD4) to a 1st full term January 2013Motion, to approve various board nominations by Council and designated Councilmembers, was made byCouncilmember Hirschfeld and seconded by Councilmember Morrison. Motion carried unanimously.CONSIDERATION OF FUTURE AGENDA ITEMSCity Manager Harold Dominguez distributed the proposed April 5, 2011 Agenda and solicited Councilcomments and suggestions.
Page 612 MinutesVol. 102 April 5, 2011ADJOURNMENTMotion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld.Motion carried unanimously.The meeting adjourned at 12:27 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkAnnexes A- EIn accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of thismeeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Councilmeetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased fromthe Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recordingmay be distorted due to equipment malfunction or other uncontrollable factors.)
City of San AngeloMemo Date: March 30, 2011 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Consent Item for April 19, 2011 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 Caption: Consideration of approving a residential lease renewal with Bruce Hitt, at Lot 114, Group Red Bluff, 3265 Red Bluff West; and authorizing the Water Utilities Director to execute the same. Summary: The leaseholder’s current lease expires in 2021 and they would like to execute a new 40 year lease for financing purposes. History: Lease fees are current and there are no issues with the lease on this tract. Financial Impact: Current lease fees: 2011-2015 $634 2016-2020 $761 2021 Market Value New lease fees: 2011-2015 $697 2016-2020 $836 2021-2050 Market Value Related Vision Item (if applicable): None. Other Information/Recommendation: It is recommended that the lease renewal be approved and the Water Utilities Director be authorized to execute the lease. Staff recommends approval. Attachments: Lease Renewal Agreement (Bruce Hitt) Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, March 29, 2011.
LAKE NASWORTHY RESIDENTIAL LOT LEASE This lease is made and entered into by and between the CITY OF SANANGELO, a Texas municipal corporation, ("Lessor"), whose address is P.O. Box 1751,San Angelo, Tom Green County, Texas 76902, and Bruce Hitt whose address is P.O.Box 1582, San Angelo,TX 76902 ("Lessee"). I. DEMISE OF LEASED PREMISES1.1 In consideration of the mutual covenants, conditions and agreements set forth inthis lease, Lessor hereby demises and leases to Lessee, and Lessee hereby acceptsand leases from Lessor, the following described real property (hereinafter called "leasedpremises") situated in San Angelo, Tom Green County, Texas: Lot 114, Group Red Bluff, 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 3265 Red Bluff West). II. TERM, FEES AND RENT FIXED COMMENCEMENT AND TERMINATION DATE2.1 This lease is granted for a period of forty (40) years beginning October 1, 2011and ending September 30, 2051, 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 rentin accordance with subsequent paragraphs hereof and Lessees compliance with thestipulations and conditions hereinafter set forth. TIME AND MANNER OF PAYMENT2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water UtilitiesDepartment, P.O. Box 1751, San Angelo, Texas, 76903, or at such other place asLessor may from time to time designate by written notice to Lessee. Such rent shall bepaid annually on or before October 1 during the term of this lease in accordance withthe following schedule: Dates Annual Rent For the Years 2011 Through 2015 $ 697 For the Years 2016 Through 2020 $ 836
For the Years 2021 Through 2050 Market Value ** Annual rent shall be the appraised market value of the leased premises multiplied by afactor of 0.08. Such appraised market value shall be determined and adjusted inaccordance with applicable City ordinances in effect at the time of execution of thislease. DELINQUENT PAYMENTS2.3 Lessee shall pay to Lessor a late charge or interest for any rent received byLessor after the date that the rent is due in accordance with established ordinances,provided however, that this provision for late charges or interest shall not be construedas a waiver of the right of Lessor to terminate this lease at its option as authorizedherein. HOLD OVER2.4 Any holding over by Lessee of the herein leased premises after the expiration ofthis lease shall operate and be construed only as a tenancy from month to month,terminable at the will of Lessor. III. DEBTS RELATED TO LEASED PREMISES UTILITIES3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay suchcharges shall, at the option of Lessor, result in forfeiture of this lease. TAXES3.2 It is further understood and agreed that Lessee shall pay and discharge alltaxes, general and special assessments, and other charges of every description whichduring the term of this lease may be levied on or assessed against the leased premisesand all interest therein and all improvements and other property thereon, whetherbelonging to Lessor or Leaser to which either of them may become liable. Lessee shallpay all such taxes, charges, and assessments to the public officer charged with thecollection thereof not less than fifteen (15) days before the same shall becomedelinquent, and Lessee agrees to indemnify and save harmless Lessor from all suchtaxes, charges and assessments. Failure to pay such taxes and special assessmentsas provided herein shall, at the option of Lessor, result in forfeiture of this lease. WATER, SEWAGE, PAVING IMPROVEMENTS
3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in thevicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost oflaying said line or lines as established by and in accordance with city policies then inexistence.3.4 Lessee expressly agrees that if city water or sewer lines are ever located within200 feet of the leased premises, Lessee will tie on to such service at its own expense atthe price established for that specific Lake Nasworthy area.3.5 In the event the Lessor institutes a paving program abutting the leasedpremises, Lessee shall pay his pro rata share of paving, curb and gutter costs pursuantto prevailing city policies. IV. RULES AND REGULATIONS4.1 The rules and regulations provided in those certain ordinances of the CityCouncil of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known asthe Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendmentsadopted heretofore or hereafter are expressly incorporated herein by reference as termsand conditions of this lease. This lease is expressly made subject to any ordinancesadopted in the future by the Council for the regulation of Lake Nasworthy andsurrounding property, including but not limited to, safety, sanitation, and ecologicalrequirements. Any breach of said rules and regulations shall, at the option of the Lessor,result in forfeiture of this lease. This lease will be managed by the Water UtilitiesDepartment of the City of San Angelo subject to the approval of the Council. V. USE OF LEASED PREMISES CONSTRUCTION BY LESSEE5.1 The premises shall be used only for a single family residence and lawful usesincidental thereto, and in this connection the following shall be applicable: a. No structure shall be constructed in excess of two stories in height. b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2 foot elevation line. c. No housetrailer, shack, tent, or temporary residence of any type shall be permitted on the leased premises, and no garage or other accessory building shall be used as a residence. d. All structures shall have a foundation that complies with Lessors building code.
e. No outside toilets shall be constructed or maintained on leased premises, andall plumbing shall be connected with a sanitary sewer or with a septic tank whichcomplies in all respects to all state, county and city sanitation regulations andrequirements. No septic tank shall be placed, constructed, or maintained nearerthan 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to anyproperty line. All wastewater facilities shall conform to all of the Citys wastewaterordinances, where applicable. No sewer or drain shall empty into the lake or beconstructed so as to flow or wash into the lake. No concrete storm drains may beconstructed without the prior approval of the Water Utilities Department, ZoningBoard of Adjustment, Planning Commission and/or Council, as applicable.f. No structure shall be constructed closer than five (5) feet to any property line.g. No trees may be removed from the leased premises without the prior writtenconsent of the Water Utilities Director.h. No improvements or construction work of any kind, including but not limited to,houses, boathouses, piers, pumphouses, water wells, storage buildings, fences,excavations, fills, and other types of structures or improvements, shall be built orperformed on leased premises without prior approval of the Water UtilitiesDepartment, Zoning Board of Adjustment, Planning Commission and/or Council,as applicable.i. Lessee agrees to comply with all provisions of the Official Code of the City ofSan Angelo ("Code"), as such now exists or may hereafter be amendedincluding, but not limited to, those provisions regarding building permits andpermit fees; inspections and fees therefore; building, plumbing, electrical, and firestandards or requirements; and the regulation of septic tanks.j. After any permit is granted, Lessee expressly agrees that all improvements orconstruction work shall be built or performed in strict compliance with the termsof the permit and approval granted, that construction shall commence within six(6) months following the date of the permit, and that all construction shall becompleted within one (1) year of the date of the permit.k. Lessee may request from the Council a variance or deviation from any term orcondition contained herein.l. The Council, prior to granting any extension of an existing lease or a new leasecovering the leased premises shall have the right to review the leased premisesand improvements thereon and submit in writing to the Lessee the requirements,if any, which shall attach to and become a part of this lease, necessary forcompliance with the above-mentioned provisions of the Code. Failure of theLessee to abide by and comply with said requirements will be grounds toterminate this lease or any extension thereof.
RESERVATIONS AND EASEMENTS5.2 Lessor, its agents or assigns, reserves the privilege and right at any time toexecute and deliver valid oil, gas and other mineral leases upon the leased premises,and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone,telegraph or electric pole transmission lines on said premises, or any part thereof, andin such event this lease shall be subject and subordinate to the rights, terms andprivileges of any such oil, gas and other mineral leases or such easements as may havebeen executed heretofore or hereafter by Lessor, its agents or assigns. An easementacross leased premises is hereby retained by Lessor for the purpose of laying sewerand water lines and/or for necessary rights-of-way for roads, alleys or otherthroughways. VI. ENCUMBRANCE OF LEASEHOLD ESTATE ENCUMBERING LEASEHOLD INTEREST ONLY6.1 Lessee shall not have the right to encumber the fee simple, but Lessee mayrequest Lessors written consent (pursuant to article XII of this lease) to encumber theleasehold estate, personal property or improvements made by Lessee which may beremoved from the realty without injury to the realty; provided however, that nomortgagee nor anyone who claims by, through or under such mortgage or deed of trustshall, by virtue of such mortgage or deed trust, acquire any greater or more extendedrights than Lessee has under this lease but such mortgage or deed of trust shall be inevery respect subject, subservient and subordinate to all of the conditions, provisions,requirements, covenants and obligations of this lease. The mortgagee under any suchdeed of trust or mortgage shall have the right to assume this lease and perform itsterms and conditions to protect itself. NOTICES TO LENDER6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed oftrust has been given and executed by Lessee and furnish Lessor with the address towhich it desires copies of notices to be mailed. Lessor agrees to mail to lender ormortgagee or its designated agent or representative, at the address given, a copy ofany notice which Lessor gives, mails, or serves on Lessee under the terms of this leaseafter receipt of such a notice from the lender or mortgagee. VII. CONDITION OF PREMISES NO WARRANTY7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THECONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON,INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE.
AVAILABILITY AND USE OF LAKE WATER7.2 Lessor in no way guarantees the accessibility of water to the leased premisesnor the level of water in Lake Nasworthy. Lessee can use water from the lake, river, and/or wells on the premises fordomestic purposes and water of existing trees and shrubs; but no water will be removedfrom the premises. Use of water for irrigation is expressly prohibited. Lessee shall usewater in a conservative manner, and any abusive use of water shall be grounds fordenying the use of water to the Lessee. Lessee shall pay the applicable water usecharge as set by the Lessor, for water or raw water usage, as the case may be. VIII. REPAIRS AND MAINTENANCE LESSEES DUTY TO REPAIR AND MAINTAIN8.1 Lessee agrees to keep and maintain any and all structures erected or caused tobe erected or placed on the leased premises in good and tenantable condition, tomaintain its appearance, and to landscape and keep said premises cleared of allobjectionable matter, things, and vegetation. Leased premises shall not be used for theoutside storage of usable materials for unreasonable lengths of time. In the eventLessee shall fail to maintain leased premises in a manner acceptable to Lessor, afternotice to Lessee as prescribed by city ordinance, the Lessor shall cause leasedpremises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost ofany such clearing, cleaning, and mowing to be billed to it or added to the next annualrental payment, with interest at the rate of ten percent (10%) per annum beginning thirty(30) days from the date on which the work was completed, and continuing until suchcost is paid in full. DAMAGE OR DESTRUCTION8.2 The parties hereto acknowledge that the leased premises are within an areasubject to overflow and flooding and it is expressly agreed between the parties thatneither Lessor nor any of its agents or employees shall be liable to Lessee for anydamages caused in any manner, negligent or otherwise, by high water or floods at LakeNasworthy, nor by the rivers or creeks which serve as its sources of supply or diversionchannels, nor by reason of any work deemed necessary in Lessors sole judgment inthe maintenance of said Lake and sources of supply or diversion channels and alldamages occasioned thereby are hereby waived, and when Lessor (or any agentthereof) deems it necessary to enter on the leased premises for any of the abovepurposes, its judgment shall be conclusive. IX. SUSPENSION OF PRIVILEGES HEALTH MATTERS
9.1 It is expressly understood and agreed that Lessor may at any time, withoutnotice to Lessee or any mortgagee, suspend or revoke any and all privileges grantedherein for such length of time as in its sole judgment is necessary for the purpose ofsuppressing or arresting an epidemic of any contagious or infectious disease, or when,in its sole judgment, any suspension of privileges is necessary to protect the health ofthe water consumers of San Angelo, Texas. In the event privileges are suspended byLessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee anamount equal to the market value of any structures or improvements hereto made orerected on leased premises in compliance with the terms of this lease. PUBLIC PURPOSES9.2 If Lessor shall deem that leased premises are required for any public purpose orthat condemnation is necessary, Lessor shall have the right to terminate this lease bygiving ninety (90) days written notice of such termination to Lessee and any mortgageewho has notified the Water Utilities Department of its lien and its address for noticepurposes; and Lessee agrees to promptly deliver possession of leased premises toLessor; and this lease shall terminate upon the expiration of ninety (90)days after thedate of such notice; and in such event Lessor shall pay Lessee an amount equal to themarket value of any structures or improvements hereto made or erected on leasedpremises in compliance with the terms of this lease. X. RELEASE10.1 Lessee expressly releases Lessor, its officers, agents, and employees from anyand all claims for damages of any kind by reason of the condition of the premiseshereby leased, or any improvements thereon or any damages incurred in the enjoymentor exercise of the privileges granted hereunder, or for damage to its person or propertycaused by the opening of the gates at Nasworthy Dam, the lowering of the normal waterelevation in the lake, or due to flood or high water, or any fluctuating water levels whichmay arise in the use and operation of Lake Nasworthy, or in the joint use and operationof Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposesof recreation, irrigation, and water supply, or for any other purpose. XI. INDEMNIFICATION11.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, andemployees, free and harmless from any claims for damages or injury, including death,to persons or property, or any liability incurred as a result of the exercise of theprivileges conferred by this lease, and agrees to reimburse Lessor for any expensesincurred in the defense of any such claim, including reasonable attorneys fees andcourt costs actually incurred. XII. TRANSFER, ASSIGNMENT, AND SUBLETTING
12.1 Lessee may not transfer or assign the leased premises, in whole or in part,without the prior written consent of the Lessor, which consent will not be unreasonablywithheld. Lessee may not sublet the leased premises, in whole or in part, without theprior written consent of the Lessor. Any such transfer, assignment or sublease shall beevidenced in writing, properly executed and acknowledged by both parties thereto; acopy shall be delivered to Lessor and the original shall be recorded in the office of theCounty Clerk of Tom Green County, Texas. It is agreed, however, that each suchtransfer, assignment or sublease shall be subject to the obligations to Lessor as setforth in this lease and shall not release Lessee or Lessees obligations under the lease. XIII. ABANDONMENT, DEFAULT AND REMEDIES NOTICE OF INTENT TO TERMINATE LEASE13.1 In the event Lessee shall (1) abandon the premises or (2) default in performanceof any of the covenants and conditions required herein to be kept and performed byLessee and such default continues for a period of thirty (30) days, Lessor shall have theright to terminate this lease. Lessor will give thirty (30) days written notice of its intentionto terminate the lease to Lessee and any mortgagee who has notified the Water UtilitiesDepartment of its lien and its address for notice purposes, and Lessee and anymortgagee will have such thirty (30) days within which to cure such default and therebyavoid termination. Notice shall be sufficient if delivered to Lessee at the addressspecified in this lease or at such other address as Lessee may in writing designate toLessor. Upon Lessors election to terminate, this lease shall cease. POSSESSION13.2 Lessee agrees at the termination of this lease to deliver possession peacefully tothe Lessor or its agents or employees; and if it fails to give peaceful possession, Lessormay take forceful possession of said premises and eject all parties therefrom withoutbeing guilty of trespass; and all damages occasioned thereby are hereby waived. REMOVAL OF IMPROVEMENTS13.3 All buildings and other improvements placed on the property by Lessee (excepttrees, shrubs, flowers and plants) which may be removed without injury to the realtyshall remain the property of Lessee. It is understood and agreed, however, thatbuildings and improvements shall be held by the Lessor until all rentals due Lessor byLessee shall have been paid, and should any amount remain unpaid for more than thirty(30) days after termination of this lease, the Lessor shall have the right to sell suchbuildings and improvements and apply the proceeds to the amount due Lessor, withinterest at the annual rate of ten percent (10%), and to any costs incident to the sale,and pay the balance remaining, if any, to Lessee. All property remaining on thepremises after the expiration of ninety (90) days following the termination of this lease,
however terminated, shall be deemed abandoned by Lessee and shall become theproperty of Lessor. OTHER REMEDIES13.4 Any termination of this lease shall not relieve Lessee from the payment of anysum or sums that are due and payable to Lessor under the lease, or any claim fordamages then or previously accruing against Lessee under this lease, and any suchtermination shall not prevent Lessor from enforcing the payment of any such sum orsums or claim for damages by any remedy provided for by law, or from recoveringdamages from Lessee for any default under the lease. All rights, options, and remediesof Lessor contained in this lease shall be construed and held to be cumulative, and noone of them shall be exclusive of the other, and Lessor shall have the right to pursueany one or all of such remedies or any other remedy or relief which may be provided bylaw, whether or not stated in this lease. No waiver by Lessor of a breach of any of thecovenants, conditions, or restrictions of this lease shall be construed or held to be awaiver of any succeeding or preceding breach of the same or any other covenant,condition, or restriction contained in this lease. XIV. MISCELLANEOUS RELATIONSHIP OF LESSOR AND LESSEE14.1 The relationship between Lessor and Lessee at all times shall remain solely thatof landlord and tenant and shall not be deemed a partnership or joint venture. PARTIES BOUND14.2 This agreement shall be binding upon and inure to the benefit of the parties ofthe lease and their respective heirs, executors, administrators, legal representatives,successors and assigns. HEADINGS14.3 The paragraph headings contained herein are for convenience and referenceand are not intended to define, extend or limit the scope of any provisions of this lease. SUPERSEDES PRIOR AGREEMENTS14.4 If this lease replaces another lease, all prior agreements are superseded by thislease. ENTIRE AGREEMENT/AMENDMENTS14.5 This lease constitutes the entire agreement between the parties, and Lessor isnot bound by any agreement, condition or stipulation, understanding or representation
made by any of Lessor’s agents not contained herein. No amendment to this lease shallbe effective unless such is in writing and signed by both parties. VIOLATIONS OF LEASE14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIESTHAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, ORCOVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THISLEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BECONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE. TEXAS LAW TO APPLY14.7 The parties hereby agree that Texas law will control the interpretation orenforcement of this lease. This lease has been executed in Texas, and all obligationshereunder are performable in Tom Green County, Texas. INVALID OR ILLEGAL PROVISIONS14.8 If any provision of this lease is held invalid as to any person or set ofcircumstances, such holding shall not affect the validity of any remaining provision ofthis lease or any provision’s application to other persons not similarly situated or toother circumstances. REIMBURSEMENT OF LESSOR’S EXPENSES14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limitedto, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligationsunder this lease, which include, but are not limited to, collection of rental fees andcollection of utility payments, taxes and other legitimate assessments. NOTICES14.9 All notices concerning this lease shall be in writing and delivered to the parties atthe addresses below: LESSEE: Bruce Hitt P.O. Box 1582 San Angelo, Texas 76902 LESSOR: City of San Angelo Attn: Water Utilities Director 72 W. College, P.O. Box 1751 San Angelo, Texas 76903
EXECUTED in duplicate originals on the _____day of _____________________,2011 by: LESSEESTATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of________________, 2010 by Bruce Hitt. 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________________, 2011, by W. H. Wilde, Water Utilities Director, of the City of SanAngelo, a Texas home rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas
City of San AngeloMemo Date: 4/5/2011 To: Mayor and Councilmembers From: Tim Vasquez, Chief of Police Subject: Agenda Item for April 19, 2011 Council Meeting Contact: Chief Tim Vasquez, 657-4336 Caption: Consent Agenda Item Acceptance of the Texas Department of Transportation Click It or Ticket Grant in the amount of $4,000.00 and authorization for the City Manager or his designee to execute any necessary related grant documents Summary: The Texas Department of Transportation announced that the San Angelo Police Department is eligible to receive funds for the 2011 Click It or Ticket Grant. This program will provide $4,000 for safety restraint enforcement during the Memorial Day Holiday. As a result, we are asking permission to accept the additional funds in order to add extra enforcement during this holiday. History: We apply each year and are awarded 8,000 - $10,000. We were awarded $8,000 in 2010. Since funding is limited at TxDOT, we were awarded $4,000 for 2011. Financial Impact: This grant will increase the Police Department’s budget by $4,000 to cover the overtime expense incurred during the Memorial Day Holiday. Related Vision Item (if applicable): N/A Other Information/Recommendation: Staff recommends approval of the stated caption Attachments: Grant Agreement Presentation: none Publication: N/A Reviewed by Service Area Director: Chief Tim Vasquez, Police Department, 4/05/11 Adopted: 5/30/03 Revised: 1/16/08
Texas Traffic Safety eGrants Fiscal Year 2011Organization Name: City of San AngeloLegal Name: City of San AngeloPayee Identification Number: 17560006599005Project Title:ID: 2011-SanAngeloPD-CIOT-00035Period: 03/01/2011 to 09/30/2011
City of San Angelo TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENTTHE STATE OF TEXASTHE COUNTY OF TRAVISTHIS AGREEMENT IS MADE BY and between the State of Texas, acting by and throughthe Texas Department of Transportation, hereinafter called the Department and the, Cityof San Angelo hereinafter called the Subgrantee, and becomes effective then fullyexecuted by both parties. For the purpose of this agreement, the Subgrantee is designatedas a(n) Local Government.AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, andthe Highway Safety Performance Plan for the Fiscal Year 2011.Name of the Federal Agency: National Highway Traffic Safety AdministrationCFDA Number: 20.602CFDA Title: Occupant ProtectionFunding Source: Section 405DUNS: 078547502Project Title:STEP - Click It Or TicketGrant Period: This Grant becomes effective on 03/01/2011 or on the date of final signatureof both parties, whichever is later, and ends on 09/30/2011 unless terminated or otherwisemodified.Total Awarded: $5,117.35Amount Eligible for Reimbursement: $4,000.00Match Amount: $1,117.35 2011-SanAngeloPD-CIOT-00035 Printed On: 4/7/2011
City of San Angelo TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENTThe signatory of the Subgrantee hereby represents and warrants that she/he is an officerof the organization for which she/he has executed this agreement and that she/he has fulland complete authority to enter into this agreement on behalf of the organization. THE SUBGRANTEE THE STATE OF TEXAS Executed for the Executive Director and Approved for the Texas Transportation Commission for the purpose and effect ofCity of San Angelo activating and/or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission By:By: ___________________________________________________________________ [District Engineer Texas Department of[Authorized Signature] Transportation]_______________________________ _______________________________[Name] [Name]________________________________ ________________________________[Title] [Title]Date: __________________________ Date: __________________________Under the authority of Ordinance or By:Resolution Number (for local ________________________________government): Director, Traffic OperationsDivision Texas(If Applicable) Department of Transportation (Not required for local project grants under $100,000.00)______________________________[Resolution Number] Date: __________________________ 2011-SanAngeloPD-CIOT-00035 Printed On: 4/7/2011
City of San Angelo General InformationProject Title STEP - Click It Or TicketProject To increase occupant restraint use in all passenger vehicles and trucksDescription by conducting an intense occupant protection enforcement and public information and education effort during the Enforcement period.How many years has your organization received funding for this project?This will be ourfourth year.2011-SanAngeloPD-CIOT-00035 Printed On: 4/7/2011
City of San Angelo Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONSARTICLE 1. COMPLIANCE WITH LAWSThe Subgrantee shall comply with all federal, state, and local laws, statutes, codes,ordinances, rules and regulations, and the orders and decrees of any courts oradministrative bodies or tribunals in any matter affecting the performance of thisAgreement, including, without limitation, workers’ compensation laws, minimum andmaximum salary and wage statutes and regulations, nondiscrimination laws andregulations, and licensing laws and regulations. When required, the Subgrantee shallfurnish the Department with satisfactory proof of its compliance therewith.ARTICLE 2. STANDARD ASSURANCESThe Subgrantee hereby assures and certifies that it will comply with the regulations,policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations),Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A-110); OMBCircular A-87; OMB Circular A-102; OMB Circular A-21; OMB Circular A-122; OMBCircular A-133; and the Department’s Traffic Safety Program Manual, as they relate to theapplication, acceptance, and use of federal or state funds for this project. Also, theSubgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant’s governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) §§4601 et seq.; and United States Department of Transportation (USDOT) regulations, “Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs,” 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act’s minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a 2011-SanAngeloPD-CIOT-00035 Printed On: 4/7/2011
City of San Angelo purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulation, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase “federal financial assistance” includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee’s governing board or the Subgrantee’s subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code,2011-SanAngeloPD-CIOT-00035 Printed On: 4/7/2011
City of San Angelo unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution.ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If the Project Budget specifies that costs are based on a specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with the Project Budget. The Subgrantee’s expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off-set by an equivalent underrun elsewhere in the Project Budget. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants) messaging system, prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s) for the overrun. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, “Enforcement,” or B, “PI&E Activities,” to exceed the TxDOT amount listed in Subcategory C, “Other.” Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, “Enforcement,” or C, “Other,” to exceed the TxDOT amount listed in Subcategory B, “PI&E Activities.” The TxDOT amount for Subcategory B, “PI&E Activities,” or C, “Other,” can only be exceeded within the 5 percent flexibility, with 2011-SanAngeloPD-CIOT-00035 Printed On: 4/7/2011
City of San Angelo underrun funds from Budget Categories II or III. C. To be eligible for reimbursement under this Agreement, a cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term “supplanting,” refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: · A-21, Cost Principles for Educational Institutions; · A-87, Cost Principles for State, Local, and Indian Tribal Governments; or, · A-122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants. G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty-five (45) days of the end of the grant period. H. Payments are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department.ARTICLE 4. LIMITATION OF LIABILITYPayment of costs incurred hereunder is contingent upon the availability of funds. If at anytime during this Grant Period, the Department determines that there is insufficient fundingto continue the project, the Department shall so notify the Subgrantee, giving notice ofintent to terminate this Agreement, as specified in Article 11 of this Agreement. If at theend of a federal fiscal year, the Department determines that there is sufficient funding andperformance to continue the project, the Department may so notify the Subgrantee tocontinue this agreement.ARTICLE 5. AMENDMENTSThis Agreement may be amended prior to its expiration by mutual written consent of bothparties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must beexecuted by the parties within the Grant Period, as specified in this Grant Agreement. 2011-SanAngeloPD-CIOT-00035 Printed On: 4/7/2011
City of San AngeloARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORKIf the Subgrantee is of the opinion that any assigned work is beyond the scope of thisAgreement and constitutes additional work, the Subgrantee shall promptly notify theDepartment in writing through eGrants system messaging. If the Department finds thatsuch work does constitute additional work, the Department shall so advise the Subgranteeand a written amendment to this Agreement will be executed according to Article 5,Amendments, to provide compensation for doing this work on the same basis as theoriginal work. If performance of the additional work will cause the maximum amountpayable to be exceeded, the work will not be performed before a written grant amendmentis executed.If the Subgrantee has submitted work in accordance with the terms of this Agreement butthe Department requests changes to the completed work or parts thereof which involvechanges to the original scope of services or character of work under this Agreement, theSubgrantee shall make such revisions as requested and directed by the Department. Thiswill be considered as additional work and will be paid for as specified in this Article.If the Subgrantee submits work that does not comply with the terms of this Agreement, theDepartment shall instruct the Subgrantee to make such revisions as are necessary to bringthe work into compliance with this Agreement. No additional compensation shall be paidfor this work.The Subgrantee shall make revisions to the work authorized in this Agreement, which arenecessary to correct errors or omissions appearing therein, when required to do so by theDepartment. No additional compensation shall be paid for this work.The Department shall not be responsible for actions by the Subgrantee or any costsincurred by the Subgrantee relating to additional work not directly associated with or priorto the execution of an amendment.ARTICLE 7. REPORTING AND MONITORINGNot later than twenty (20) days after the end of each reporting period, the Subgrantee shallsubmit a performance report through eGrants. For short-term projects, only one reportsubmitted by the Subgrantee at the end of the project may be required. For longer projects,the Subgrantee will submit reports at least quarterly and preferably monthly. The frequencyof the performance reports is established through negotiation between the Subgrantee andthe program or project manager.For Selective Traffic Enforcement Programs (STEPs), performance reports must besubmitted monthly.The performance report will include, as a minimum: (1) a comparison of actualaccomplishments to the objectives established for the period, (2) reasons why establishedobjectives and performance measures were not met, if appropriate, and (3) other pertinentinformation, including, when appropriate, an analysis and explanation of cost underruns, 2011-SanAngeloPD-CIOT-00035 Printed On: 4/7/2011
City of San Angelooverruns, or high unit costs.The Subgrantee shall submit the Final Performance Report through eGrants within twenty(20) days after completion of the grant.The Subgrantee shall promptly advise the Department in writing, through eGrantsmessaging, of events that will have a significant impact upon this Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected.ARTICLE 8. RECORDSThe Subgrantee agrees to maintain all reports, documents, papers, accounting records,books, and other evidence pertaining to costs incurred and work performed hereunder,(hereinafter called the records), and shall make such records available at its office for thetime period authorized within the Grant Period, as specified in this Grant Agreement. TheSubgrantee further agrees to retain said records for four (4) years from the date of finalpayment under this Agreement, until completion of all audits, or until pending litigation hasbeen completely and fully resolved, whichever occurs last.Duly authorized representatives of the Department, the USDOT, the Office of the InspectorGeneral, Texas State Auditor, and the Comptroller General shall have access to therecords. This right of access is not limited to the four (4) year period but shall last as longas the records are retained.ARTICLE 9. INDEMNIFICATIONTo the extent permitted by law, the Subgrantee, if other than a government entity, shallindemnify, hold, and save harmless the Department and its officers and employees from allclaims and liability due to the acts or omissions of the Subgrantee, its agents, oremployees. The Subgrantee also agrees, to the extent permitted by law, to indemnify,hold, and save harmless the Department from any and all expenses, including but notlimited to attorney fees, all court costs and awards for damages incurred by theDepartment in litigation or otherwise resisting such claims or liabilities as a result of anyactivities of the Subgrantee, its agents, or employees.Further, to the extent permitted by law, the Subgrantee, if other than a government entity,agrees to protect, indemnify, and save harmless the Department from and against all 2011-SanAngeloPD-CIOT-00035 Printed On: 4/7/2011
City of San Angeloclaims, demands, and causes of action of every kind and character brought by anyemployee of the Subgrantee against the Department due to personal injuries or death tosuch employee resulting from any alleged negligent act, by either commission or omissionon the part of the Subgrantee.If the Subgrantee is a government entity, both parties to this Agreement agree that noparty is an agent, servant, or employee of the other party and each party agrees it isresponsible for its individual acts and deeds, as well as the acts and deeds of itscontractors, employees, representatives, and agents.ARTICLE 10. DISPUTES AND REMEDIESThis Agreement supercedes any prior oral or written agreements. If a conflict arisesbetween this Agreement and the Traffic Safety Program Manual, this Agreement shallgovern.The Subgrantee shall be responsible for the settlement of all contractual and administrativeissues arising out of procurement made by the Subgrantee in support of Agreement work.Disputes concerning performance or payment shall be submitted to the Department forsettlement, with the Executive Director or his or her designee acting as final referee.ARTICLE 11. TERMINATIONThis Agreement shall remain in effect until the Subgrantee has satisfactorily completed allservices and obligations described herein and these have been accepted by theDepartment, unless: · This Agreement is terminated in writing with the mutual consent of both parties; or · There is a written thirty (30) day notice by either party; or · The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately.The Department shall compensate the Subgrantee for only those eligible expensesincurred during the Grant Period specified in this Grant Agreement which are directlyattributable to the completed portion of the work covered by this Agreement, provided thatthe work has been completed in a manner satisfactory and acceptable to the Department.The Subgrantee shall not incur nor be reimbursed for any new obligations after theeffective date of termination.ARTICLE 12. INSPECTION OF WORKThe Department and, when federal funds are involved, the US DOT, or any authorizedrepresentative thereof, have the right at all reasonable times to inspect or otherwiseevaluate the work performed or being performed hereunder and the premises in which it isbeing performed. 2011-SanAngeloPD-CIOT-00035 Printed On: 4/7/2011
City of San AngeloIf any inspection or evaluation is made on the premises of the Subgrantee or itssubcontractor, the Subgrantee shall provide and require its subcontractor to provide allreasonable facilities and assistance for the safety and convenience of the inspectors in theperformance of their duties. All inspections and evaluations shall be performed in such amanner as will not unduly delay the work.ARTICLE 13. AUDITThe Subgrantee shall comply with the requirements of the Single Audit Act of 1984, PublicLaw (PL) 98-502, ensuring that the single audit report includes the coverage stipulated inOMB Circular A-133, “Audits of States, Local Governments, and Other Non-ProfitOrganizations.”The state auditor may conduct an audit or investigation of any entity receiving funds fromthe state directly under this Agreement or indirectly through a subcontract under thisAgreement. Acceptance of funds directly under this Agreement or indirectly through asubcontract under this Agreement acts as acceptance of the authority of the State Auditor,under the direction of the legislative audit committee, to conduct an audit or investigation inconnection with those funds. An entity that is the subject of an audit or investigation mustprovide the state auditor with access to any information the state auditor considers relevantto the investigation or audit.ARTICLE 14. SUBCONTRACTSA subcontract in excess of $25,000 may not be executed by the Subgrantee without priorwritten concurrence by the Department. Subcontracts in excess of $25,000 shall contain allapplicable terms and conditions of this Agreement. No subcontract will relieve theSubgrantee of its responsibility under this Agreement.ARTICLE 15. GRATUITIESTexas Transportation Commission policy mandates that employees of the Departmentshall not accept any benefit, gift, or favor from any person doing business with or who,reasonably speaking, may do business with the Department under this Agreement. Theonly exceptions allowed are ordinary business lunches and items that have received theadvanced written approval of the Department’s Executive Director.Any person doing business with or who reasonably speaking may do business with theDepartment under this Agreement may not make any offer of benefits, gifts, or favors toDepartment employees, except as mentioned here above. Failure on the part of theSubgrantee to adhere to this policy may result in termination of this Agreement.ARTICLE 16. NONCOLLUSIONThe Subgrantee warrants that it has not employed or retained any company or person,other than a bona fide employee working solely for the Subgrantee, to solicit or secure thisAgreement, and that it has not paid or agreed to pay any company or person, other than a 2011-SanAngeloPD-CIOT-00035 Printed On: 4/7/2011
City of San Angelobona fide employee, any fee, commission, percentage, brokerage fee, gift, or any otherconsideration contingent upon or resulting from the award or making of this Agreement. Ifthe Subgrantee breaches or violates this warranty, the Department shall have the right toannul this Agreement without liability or, in its discretion, to deduct from the Agreementprice or consideration, or otherwise recover the full amount of such fee, commission,brokerage fee, contingent fee, or gift.ARTICLE 17. CONFLICT OF INTERESTThe Subgrantee represents that it or its employees have no conflict of interest that would inany way interfere with its or its employees’ performance or which in any way conflicts withthe interests of the Department. The Subgrantee shall exercise reasonable care anddiligence to prevent any actions or conditions that could result in a conflict with theDepartment’s interests.ARTICLE 18. SUBGRANTEE’S RESOURCESThe Subgrantee certifies that it presently has adequate qualified personnel in itsemployment to perform the work required under this Agreement, or will be able to obtainsuch personnel from sources other than the Department.All employees of the Subgrantee shall have such knowledge and experience as will enablethem to perform the duties assigned to them. Any employee of the Subgrantee who, in theopinion of the Department, is incompetent or whose conduct becomes detrimental to thework, shall immediately be removed from association with the project.Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies,and other resources required to perform the work.ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENTThe Subgrantee shall establish and administer a system to procure, control, protect,preserve, use, maintain, and dispose of any property furnished to it by the Department orpurchased pursuant to this Agreement in accordance with its own property managementprocedures, provided that the procedures are not in conflict with the Department’s propertymanagement procedures or property management standards and federal standards, asappropriate, in: · 49 CFR, Part 18, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” or · 49 CFR, Part 19 (OMB Circular A-110), “Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations.”ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY 2011-SanAngeloPD-CIOT-00035 Printed On: 4/7/2011
City of San AngeloUpon completion or termination of this Grant Agreement, whether for cause or at theconvenience of the parties hereto, all finished or unfinished documents, data, studies,surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee,and equipment and supplies purchased with grant funds shall, at the option of theDepartment, become the property of the Department. All sketches, photographs,calculations, and other data prepared under this Agreement shall be made available, uponrequest, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee’s intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes.ARTICLE 21. SUCCESSORS AND ASSIGNSThe Department and the Subgrantee each binds itself, its successors, executors, assigns,and administrators to the other party to this Agreement and to the successors, executors,assigns, and administrators of such other party in respect to all covenants of thisAgreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations inthis Agreement without written consent of the Department through eGrants messaging.ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60-74, as they may be amended periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified 2011-SanAngeloPD-CIOT-00035 Printed On: 4/7/2011