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City Council December 6, 2011 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, December 6, 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 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. Proclamation “Veterans Memorial Drive” dedication on December 7, 2011, to be accepted by Darrell Elliott, Commander, VFW Post 1815 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. SPECIAL AGENDA 1. Public hearing to receive comments from the public regarding proposed redistricting Illustrative Plans concerning proposed new boundaries for City of San Angelo councilmember districts 2. Discussion and possible action to consider and adjust proposed redistricting plans 3. Discussion and possible action to adopt a Resolution adopting the final redistricting plan, and to authorize redistricting legal counsel to seek Voting Rights Act Section 5 preclearance of adopted planIII. CONSENT AGENDA 4. Consideration of approving the November 15, 2011 City Council Regular meeting minutes 5. Consideration of awarding bid(s) and authorizing the City Manager or his designee to execute anyCity Council Agenda Page 1 of 5 December 6, 2011 REVISED: 12/2/2011 11:17 AM
  • 2. necessary related documents: a. VM-10-11: Two (2) Forklifts, Cisco Equipment (San Angelo, TX), $103,022.00 b. VM-23-11: Police Patrol Vehicles, HGAC/Dallas Dodge (Dallas, TX) #VE03-06, $429,220.00 6. Consideration of authorizing the City Manager or his designee to execute Task Order No. 16, and all related documents, between the City of San Angelo and KSA Engineers for architectural/engineering services (AP-01-10) associated with the terminal building renovations project in the amount of $354,526.00 at San Angelo Regional Airport 7. Consideration of adopting a Resolution authorizing the Mayor to execute a Tax Deed authorizing sale of Tax Lot(s) at 37 W 21st Street, (Green), Lot 2, Block 27, Lasker Addition, $2,500, Suit No. B-05-0070-T 8. Consideration of authorizing the sale of the property located at 6002 Knickerbocker Road, Glen Meadows Baptist Church, Lot 1, Group, for the appraised value of $312,358.00 and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements 9. Consideration of approving a Memorandum of Understanding (MOU) Agreement between the City of San Angelo and the Department of State Health Services, Health Service Region 9/10, whereby in the event of a Public Health Emergency event in the State of Texas, local and regional health and medical infrastructure and associated resources will be quickly committed to providing the necessary treatment and supporting strategies to effectively respond to a potential evolving event or to support the response to an actual event, and authorizing the Mayor and/or City Manager to execute said agreement 10. Consideration of authorizing the City Manager or his designee to negotiate and execute an Agreement with Metropolitan Planning Organization by and between the City as Fiscal Agent, the Texas Department of Transportation, and the San Angelo Metropolitan Planning Organization Policy Committee, providing for urban district transportation planning and superseding prior agreements between the parties 11. Consideration of approving a maintenance service contract for San Angelo Public Safety Communications in the amount of $137,861.96 for calendar year 2012 between the City of San Angelo and Intergraph authorizing 24/7 technical support and authorizing the City Manager or his designee to execute said maintenance contract and any renewal contract thereafter provided the cost does not increase more than 4% each subsequent year 12. Second Hearing and consideration of adoption of an Ordinance amending Ordinance #2011-09-116, previously authorized to execute abandonment of an alley in Fairview Addition, Block 50 AN ORDINANCE AMENDING ORDINANCE NUMBER 2011-09-116 ADOPTED ON OCTOBER 18, 2011, THAT PROVIDES FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING ALLEY, TO WIT: A 20’ X 330’ ALLEY RIGHT-OF-WAY EXTENDING FROM NORTH ARCHER STREET TO NORTH BELL STREET IN BLOCK 50 OF THE FAIRVIEW ADDITION, RUNNING PARALLEL TO AND SOUTH OF EAST HOUSTON HARTE EXPRESSWAY IN NORTHEASTERN SAN ANGELO; AUTHORIZES THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDES FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDES FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS; BY REPEALING AND RESTATING PARAGRAPH NUMBERED 4 THEREIN WHICH PROVIDES FOR RESERVATION OF AN EASEMENT FOR SEWER UTILITY. 13. Second Hearing and consideration of adoption of an Ordinance changing the name of River Drive, extending from 14th Street to Irving Street, to Veterans Memorial DriveCity Council Agenda Page 2 of 5 December 6, 2011 REVISED: 12/2/2011 11:17 AM
  • 3. AN ORDINANCE CHANGING THE NAME OF RIVER DRIVE, EXTENDING FROM ITS INTERSECTION WITH THE 14TH STREET RAMP NORTH OF 14TH STREET ON THE WEST TO ITS INTERSECTION WITH IRVING STREET ON THE EAST, FROM “RIVER DRIVE” TO “VETERANS MEMORIAL DRIVE”; AND, PROVIDING FOR AN EFFECTIVE DATE 14. Second Hearing and consideration of adoption of an Ordinance changing the name of 50th Street, extending from Grape Creek Road to Armstrong Street, to Lake View Heroes Drive AN ORDINANCE CHANGING THE NAME OF 50TH STREET, EXTENDING FROM ITS INTERSECTION WITH GRAPE CREEK ROAD ON THE WEST TO ITS INTERSECTION WITH ARMSTRONG STREET ON THE EAST, FROM “50TH STREET” TO “LAKE VIEW HEROES DRIVE”; AND, PROVIDING FOR AN EFFECTIVE DATEIV. 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 Angelo G. PUBLIC HEARING AND COMMENT 15. Consideration of awarding bid no. AP-04-11 for Airport terminal reconstruction to Templeton Construction Co. in the amount of $5,925,715.00 and authorizing City Manager or his designee to execute any necessary related documents (Presentation by Airport Director Luis Elguezabal) 16. Consideration of the development of a “Harmony Place” at Firefighter’s Memorial City Park to include the installation of a series of high quality and durable musical instruments provided by Children for a Peaceful World through their fundraising efforts and any action related thereto (Presentation by Parks and Recreation Director Carl White) 17. Consideration of approval and public hearing of the 2010 Consolidated Annual Performance and Evaluation Report (CAPER) (Presentation by Neighborhood and Family Services Director Bob Salas) 18. Discussion and consideration of repairs to the Animal Services Crematorium / Incinerator and any action thereto (Presentation by Health Services Manager Sandra Villarreal) 19. First public hearing and consideration of introduction of an Ordinance of the City of San Angelo, Texas, providing for the annexation of territory generally described to be approximately 1310 total acres located northeast of the existing city’s corporate limits, composed of the following: 128 acres out of J. Fenner survey 1, 77 acres out of bullock survey 10, 329 acres out of Mrs. Julia A. Egglestone survey 2, 29 acres out of J. Pocintevent survey 1113, 653 acres out of Washington County Railroad Co. surveys 178 and 179, and 94 acres of highway and railroad right-of-way, in Tom Green County, Texas, being within the extra territorial jurisdiction of the city and adjacent and contiguous to the presentCity Council Agenda Page 3 of 5 December 6, 2011 REVISED: 12/2/2011 11:17 AM
  • 4. corporate limits of the City of San Angelo; finding that all necessary and legally required conditions have been satisfied; describing the territory annexed and extending the corporate limits of the City of San Angelo, Texas to include the annexed territory; providing a service plan therefore; obligating the property situated therein to bear its pro-rata part of taxes levied; providing rights and privileges as well as duties and responsibilities of inhabitants and owners of said territory; providing a severability clause and providing an effective date (Presentation by Planning Manager AJ Fawver) 20. Consideration of adopting a Resolution authorizing the City Manager to execute a temporary nonexclusive Sidewalk Use License Agreement with Phyllis Cox for sidewalk café use at 123 and 125 S. Chadbourne Street and such other instruments as may be necessary or convenient for carrying out such purposes; and, finding a public purpose and benefit therein (Presentation by Development Coordinator Robert Schneeman) 21. First public hearing and consideration of introduction of an Ordinance amending chapter 12.900 entitled “Tax Increment Reinvestment Zone” of the San Angelo Code of Ordinances by amending section 12.902, entitled “Tax Increment Reinvestment Zone Boundaries”; providing for severability; and, providing for an effective date (Presentation by Community and Economic Development Director Shawn Lewis) 22. Discussion and consideration of the Fiscal Year 2012 budgeted capital funding as it relates to the 2011- 2016 Capital Improvement Plan for the City of San Angelo (Presentation by Finance Director Michael Dane) 23. Consideration of adopting a Resolution casting votes for one nominee or distributing them among nominees for a position on the Board of Directors of the Tom Green County Appraisal District for the January 1, 2012 through December 31, 2013 term of office (Presentation by City Clerk Alicia Ramirez) 24. Consideration of authorizing the City Manager to negotiate and execute a Memorandum of Understanding in the preparation, adoption and implementation of an agreement for joint election and for election services, for the sharing of costs of holding a joint election, and for the acquisition or lease of election equipment including electronic voting machines (Presentation by City Manager Harold Dominguez and City Clerk Alicia Ramirez) 25. Consideration of adopting a Resolution designating polling places within the election precincts within the City of San Angelo, Texas for elections ordered; providing for pre-clearance and all other necessary actions; and providing for an effective date (Presentation by City Clerk Alicia Ramirez) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 26. Consideration of matters discussed in Executive/Session, if needed; Consideration of an offer of economic incentives to a medical device company considering locating in San Angelo including, but not limited to, a tax rebate, job creation grant, building renovation grant and lease assistance and any action in connection thereto 27. Consideration of Future Agenda Items 28. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, ChapterCity Council Agenda Page 4 of 5 December 6, 2011 REVISED: 12/2/2011 11:17 AM
  • 5. 551, Thursday, December 1, 2011, at 2:30 P.M. _____________________________ Bryan Kendrick, Deputy City ClerkCity Council Agenda Page 5 of 5 December 6, 2011 REVISED: 12/2/2011 11:17 AM
  • 6. PROCLAMATIONWHEREAS, The City Council of The City of San Angelo, Texas supports all Veterans of Tom Green County, for their significant service and self-sacrifice to the United States of America and our community; and,WHEREAS, we recognize that all our Veterans have given something of themselves to this country – and some have given all – laying down their lives to defend the freedoms we hold so dear; and,WHEREAS, more than 10,000 veterans live in San Angelo and the surrounding area; andWHEREAS, the naming of a street would serve as a special, lasting commemoration of their service and would mean a great deal to these Veterans and their families who call San Angelo home; andWHEREAS, the dedicated street would serve as a reminder to all who travel through the area, of the many patriotic and wonderful people who live in this community.NOW, THEREFORE, I Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the CityCouncil, do hereby proclaim Wednesday, December 7, 2011 as the dedication and renaming of“River Drive” extending from its intersection with 14th Street on the West to its intersection withIrving Street on the East, shall now be known as “VETERANS MEMORIAL DRIVE”And I encourage all citizens to recognize the valor and sacrifice of our veterans and toacknowledge and thank the many Veterans, both past and present, for their commitment to thecitizens of San Angelo. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 6th day of December, 2011. THE CITY OF SAN ANGELO __________________________________ ALVIN NEW, MAYOR
  • 7. RESOLUTION NO. ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, APPROVING THE REDISTRICTING OF THE CITY’S SINGLE-MEMBER COUNCIL DISTRICTS AND ESTABLISHING NEW DISTRICT BOUNDARY LINES BASED ON 2010 CENSUS DATA FOR SAN ANGELO CITY COUNCIL ELECTIONS; DIRECTING THE CITY’S REDISTRICTING CONSULTANT TO SUBMIT THE ADOPTED PLAN FOR PRECLEARANCE UNDER SECTION 5 OF THE FEDERAL VOTING RIGHTS ACT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the results of the 2010 federal Census have been considered and indicatethat the City of San Angelo’s single-member council districts are sufficiently out of populationbalance to require redistricting in order to comply with the “one-person, one-vote” (equalpopulation) principle established by the U.S. Constitution; and WHEREAS, the City of San Angelo (the “City”) engaged the law firm of BickerstaffHeath Delgado Acosta LLP to act as the City’s redistricting consultant, including advising andassisting the City Council in preparation of a new redistricting plan in compliance withapplicable requirements of state and federal law; and WHEREAS, on April 19, 2011, the City Council adopted redistricting criteria to assistthe City and the public in developing redistricting plans which comply with applicable federaland state laws, and the adopted redistricting criteria were applied in the development of theCity’s new redistricting plan; and WHEREAS, on April 19, 2011, the City Council also adopted redistricting guidelinesregarding the submission of comments and proposed plans by the public, to ensure the ability ofthe City to timely receive and adequately consider them; and WHEREAS, during the redistricting process the City provided notice to the public of itsproposed discussions and development of a redistricting plan through meeting agendas posted incompliance with the Texas Open Meetings Act, notices on the City’s website, and publication ofnewspaper notices as well as providing certain individual notices regarding public hearings; and WHEREAS, the City Council has considered the proposed redistricting plan at CityCouncil meetings on June 23, 2011, August 24, 2011, August 30, 2011, and November 15, 2011and at public hearings held on November 28, 2011 and December 6, 2011, and has consideredoral testimony, written comments, reports from the City’s redistricting consultant, and variousproposed plans regarding the appropriate reconfiguration of the council member districts; and WHEREAS, the City Council finds that the attached city council district redistrictingplan is in the best interest of the citizens of the City, complies with the adopted redistrictingcriteria, and is believed to comply with all state and federal requirements, including requirementsfor preclearance under Section 5 of the federal Voting Rights Act;
  • 8. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THECITY OF SAN ANGELO, TEXAS: A. That the existing single-member council district boundary lines for the City ofSan Angelo are hereby amended, and the new districting plan depicted on the map attachedhereto as Exhibit A, defining new districts, as such new districts are further described in thetables attached hereto as Exhibit B reporting populations and demographic statistics for eachsuch new district, is hereby adopted and designated to define the City’s six [single-membercouncil districts from and after the Effective Date; that Exhibits A and B are incorporated byreference in and made a part of this RESOLUTION, and shall be kept on file in the City Clerk’sOffice; and, further, that the City’s redistricting consultant is hereby authorized and directed tosubmit the adopted plan to the United States Department of Justice for preclearance under theSection 5 of the Voting Rights Act. B. That this RESOLUTION shall take and be given effect immediately uponpreclearance of the adopted plan under Section 5 of the Voting Rights Act; and that thereafter allSan Angelo City Council elections shall be held under and in accordance with the new single-member council district districting plan here adopted by the City Council and precleared by theDepartment of Justice, until such time as a subsequent lawfully-enacted districting plan shall beadopted to replace this plan and has been precleared under Section 5 or its successor statute, asapplicable. PASSED AND APPROVED by the City Council of the City of San Angelo, Texas this______ day of _________, 2011. CITY OF SAN ANGELO, TEXAS _______________________________ Alvin New, MayorATTEST:_________________________________Alicia Ramirez, City ClerkAPPROVED AS TO FORM:_______________________________Lysia H. Bowling, City Attorney 2
  • 9. EXHIBIT A
  • 10. EXHIBIT B
  • 11. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 1Tuesday, November 15, 2011 Vol. 103 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:06 A.M., Tuesday, November 15,2011, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All dulyauthorized members 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 Mr. Tom Woods of Immanuel Baptist and pledge was led by Aidan Kendrick, 3rdGrader at TLC Academy.PROCLAMATION“Concho Christmas Celebration Day”, Saturday, December 3, 2011, was accepted by Lee Pfluger, Chairpersonof the Community Committee for Concho Christmas Celebration.PUBLIC COMMENTCouncilmember Farmer commended the Ft. Concho Museum Manager Robert Bluthardt and the Ft. Conchostaff for their successful Veteran’s program held on the weekend of November 11, 2011.Mayor New commented on the recent Rental Housing oversight initiative and proposed ordinance by theNeighborhood & Family Services staff. He addressed the article in the local newspaper and remarked on theprocess. He suggested staff hold more public hearings at various locations and address any concerns with CityCouncil in order to educate all involved, specifically on the details of such ordinance. Assistant City ManagerElizabeth Grindstaff responded staff is investigating the issues presented by West Texas Organizing StrategyRepresentative (WTOS) Craig Meyers and the public meetings are meant to gather information on the subject.CONSENT AGENDAAPPROVAL OF THE NOVEMBER 1, 2011 CITY COUNCIL REGULAR MEETING MINUTESAWARDING BID(S) AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTEANY NECESSARY RELATED DOCUMENTS:PK-03-11: Rio Vista Park Renovation Project Playground Equipment, Exerplay, Inc. (Cedar Crest, NM),$54,616.70VM-22-11: Zero Turn Mowers, Cross Texas Supply (San Angelo, Texas ), $26,878.00WU-11-11: Industrial Electric, Mike Verfurth Electric (San Angelo, Texas), $65.00/hour minimum chargeand other rates, as assignedAUTHORIZATION FOR THE CITY MANAGER TO EXECUTE INTERLOCAL AGREEMENTS WITHTHE TOM GREEN COUNTY FOR MONETARY SUPPORT OF THE COUNTY’S MENTAL HEALTH
  • 12. Page 2 MinutesVol. 103 November 15, 2011UNIT AND CRISIS INTERVENTION UNITADOPTION OF RESOLUTIONS AUTHORIZING THE MAYOR TO EXECUTE TAX DEEDS FOR THESALE OF TAX LOTS: (ANNEX A, PAGE , RESOLUTION #2011-11-???R & ANNEX B, PAGE ,RESOLUTION #2011-11??-???R) 29 E 25th Street, (Ramirez), 0.376 acres o/o NW corner of J.B. Harrison Subdivision, F.E. Cramer Survey #318, Abstract 112, $3,000, Suit No. B-07-0027-T Corner Blaze/Richter, (Jessop), Lots 3 & 4, Block “B”, Spencer Addition #1, $2,924, Suit No. B-06- 0207ADOPTION OF A RESOLUTION AUTHORIZING SALE OF TAX RESALE LOT OF TOM GREENCOUNTY: (ANNEX C, PAGE , RESOLUTION #2011-11-???R)2005 Shelton Street, (Brown), S ½ of E ½ of Lot 3, Block 4, Home Acres Addition, $500, Suit No. TAX87-0003-BAUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SUPPLEMENTALLEASE AGREEMENT NO. 4 TO LEASE NO. GS-07B-15244, AND ALL RELATED DOCUMENTS,BETWEEN THE CITY OF SAN ANGELO AND GENERAL SERVICES ADMINISTRATION (GSA) ATSAN ANGELO REGIONAL AIRPORTAUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTEA THIRD AMENDED CONCESSION AGREEMENT WITH SAN ANGELO HOST, INC. EXTENDINGTHE TERM OF THE CURRENT CONCESSION AGREEMENT FOR AN ADDITIONAL FIVE YEARSPURSUANT TO THE OPTION THEREFORE IN THE CURRENT AGREEMENT, AND AMENDINGTHE TERMS THEREOF PROVIDING FOR THE DISPENSING OF FOOD, NON-ALCOHOLICBEVERAGES, AND ALCOHOLIC BEVERAGES IN CERTAIN FACILITIES OWNED BY THE CITYOF SAN ANGELOCouncilmember Farmer and Adams requested VM-22-11 and the WEBEOC items be considered in RegularSession. Council concurred.Motion, to approve the Consent Agenda, as presented, with the exception of VM-22-11 and the WEBEOCitems, was made by Councilmember Hirschfeld and seconded by Councilmember Silvas. Motion carriedunanimously.REGULAR AGENDA: PUBLIC HEARING AND COMMENTAWARD OF BID VM-22-11 FOR ZERO TURN MOWERS FROM CROSS TEXAS SUPPLY (SANANGELO, TEXAS), IN THE AMOUNT OF $26,878.00 AND AUTHORIZING THE CITY MANAGEROR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS:Councilmember Farmer recused herself from the vote and left the meeting at 9:19 A.M.Motion, to approve, as presented was made by Councilmember Hirschfeld and seconded by CouncilmemberAdams. Motion carried unanimously.Councilmember Farmer returned to the meeting at 9:21 A.M.APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN ANGELO ANDTHE CONCHO VALLEY COUNCIL OF GOVERNMENTS AUTHORIZING SHARING OF THE COSTSOF WEBEOC, A WEB BASED COMMUNICATIONS SOFTWARE, THAT ALLOWS FOR SECURE,REAL-TIME ACCESS TO EMERGENCY RESPONSE INFORMATION AND COMMUNICATIONS,AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
  • 13. Minutes Page 3November 15, 2011 Vol. 103Responding to a question from Councilmember Adams, City Manager Harold Dominguez and EmergencyCoordinator Ron Perry explained the cost of, the grant received for the program, and how the partnering entitieswould be involved.Motion, to approve, as presented, was made by Councilmember Adams and seconded by CouncilmemberHirschfeld. Motion carried unanimously.PRESENTATION OF THE 3RD QUARTER 2011 REPORT FROM THE CHAMBER OF COMMERCEECONOMIC DEVELOPMENT COUNCIL AND THE CONVENTION & VISITORS BUREAU (CVB)Economic Development Chairman Fred Key and CVB Vice President Pamela Miller presented backgroundinformation.RECESSAt 9:56 A.M., Mayor New called a recess.RECONVENEAt 10:12 A.M., Council reconvened, and the following business was transacted:APPROVAL OF THE SPECIAL EVENTS COMMUNITY REVIEW COMMITTEE’SRECOMMENDATION REGARDING SAN ANGELO GIRLS FAST PITCH ASSOCIATION’S (SAGFA)REQUEST FOR IN-KIND SUPPORT FOR THE 2012 WEST TEXAS ALL-STAR TOURNAMENTCivic Events Manager Anthony Wilson presented background information. A copy of the presentation is part ofthe Permanent Supplemental Minute record.Councilmember Farmer spoke in support of staff’s recommendation; however, she suggested the organizationprovide the appropriate financial reports in order to provide the appropriate review and transparency analysis.Public comments were made by Vice President of SAGFA Jody Darnell and Ezell guy from Midland.Motion, to approve, as presented, was made by Councilmember Morrison and seconded by CouncilmemberHirschfeld.General discussion was held on the organization providing the appropriate financial reports, the potentialgenerated revenue from the tournament, and the organization’s request in comparison to their immediate needsand financial standings.Mayor New spoke in opposition of approval, specifically due to the lack of financial information provided andthat the organization or a third party of the organization has the potential to make a profit from the tournament.A vote was taken on the motion on the floor. AYE: Alexander, Morrison, Silvas, Adams, Hirschfeld, andFarmer. NAY: New. Motion carried 6-1.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE CHANGING THE NAME OFRIVER DRIVE, EXTENDING FROM 14TH STREET TO IRVING STREET, TO VETERANS MEMORIALDRIVEAN ORDINANCE CHANGING THE NAME OF RIVER DRIVE, EXTENDING FROM ITSINTERSECTION WITH THE 19TH STREET RAMP NORTH OF 14TH STREET ON THE WEST TO ITSINTERSECTION WITH IRVING STREET ON THE EAST, FROM “RIVER DRIVE” TO “VETERANSMEMORIAL DRIVE”; AND, PROVIDING FOR AN EFFECTIVE DATECity Engineer Clinton Bailey and Planning Manager AJ Fawver presented background information. A copy ofthe presentation is part of the Permanent Supplemental Minute record.Assistant Chief Kevin Lassiter spoke on the emergency response time and the limited potential issues posed bythe inconsistent addressed location.
  • 14. Page 4 MinutesVol. 103 November 15, 2011Based recent opponent concerns, Councilmember Hirschfeld suggested the range of the street rename bechanged from 19h Street to Irving Street to 14th to Irving Street. Council concurred.City Manager Harold Dominguez commented on the precedence that the change was setting for future request.Public comments were made by Citizen Karl Bookter and Terry Jarreau. 50110462821 1542Motion, to introduce the Ordinance, as presented and revised, was made by and seconded by . Motion carriedunanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE CHANGING THE NAME OF50TH STREET, EXTENDING FROM GRAPE CREEK ROAD TO ARMSTRONG ROAD, TO LAKEVIEWHEROES DRIVEAN ORDINANCE CHANGING THE NAME OF 50TH STREET, EXTENDING FROM ITSINTERSECTION WITH GRAPE CREEK ROAD ON THE WEST TO ITS INTERSECTION WITHARMSTRONG STREET ON THE EAST, FROM “50TH STREET” TO “LAKE VIEW HEROES DRIVE”;AND, PROVIDING FOR AN EFFECTIVE DATECity Engineer Clinton Bailey and Planning Manager AJ Fawver presented background information.Mayor New left the meeting at 11:00 A.M. andMotion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded byCouncilmember Adams.Councilmember Farmer facilitated the meeting as Mayor Pro Tempore.Public comments were made by Citizen Jerry Hasty and Assistant Chief Kevin Lassiter.Mayor New returned to the meeting at 11:02 A.M.Councilmember Adams withdrew his motion.City Manager Harold Dominguez commented on the number of properties east of Armstrong Street, theemergency response time, and the potential issues associated with two different street names for one street.General discussion was held on the potential confusion that may be caused due to the different street namesassigned to one street, specifically related to emergency response issues.Councilmember Silvas withdrew his motion.Motion, to introduce the Ordinance, as presented, and amended from Covington Road to Armstrong Street, wasmade by Councilmember Morrison and seconded by Councilmember Alexander. Motion carried unanimously.SECOND PUBLIC HEARING OF COMMENTS FOR AND AGAINST PROPOSED ANNEXATION OFAPPROXIMATELY 1,336 ACRES LOCATED NORTHEAST OF SAN ANGELO’S EXISTING CITYLIMITS, ENCOMPASSING AN AREA SOUTH OF EAST FARM TO MARKET ROAD 2105, BEGINNINGAT A POINT ALONG SAN ANGELO’S EXISTING CITY LIMITS LINE; SAID POINTS BEGINAPPROXIMATELY 1,290 FEET EAST OF THE INTERSECTION OF EAST 37TH STREET AND PRUITTROAD, WHICH EXTENDS ALONG SAN ANGELO’S EXISTING CITY LIMITS FOR APPROXIMATELY11,080 FEET, INCLUDING AN APPROXIMATELY 1.68-MILE SEGMENT OF RIGHT-OF-WAY OF OLDBALLINGER HIGHWAY, AN APPROXIMATELY 1.64-MILE SEGMENT OF COVINGTON ROAD, ANAPPROXIMATELY 0.48-MILE SEGMENT OF RIGHT-OF-WAY OF EAST FARM TO MARKET ROAD2105, AN APPROXIMATELY 0.50-MILE SEGMENT OF RIGHT-OF-WAY OF EAST 50TH STREET, ANAPPROXIMATELY 0.61-MILE SEGMENT OF RIGHT-OF-WAY OF NORTH US HIGHWAY 277, ANDAN AREA OF 200 ACRES NORTHEAST OF THE INTERSECTION OF SAN ANGELO’S EXISTINGCITY LIMITS LINE AND NORTH US HIGHWAY 277
  • 15. Minutes Page 5November 15, 2011 Vol. 103Planning Manager AJ Fawver presented background information. A copy of the map is part of the PermanentSupplemental Minute record.City Manager Harold Dominguez noted the questions Council raised at the last meeting regarding the TomGreen County property and 4-H Center had been resolved. He informed should the County have issues in thefuture, the City will consider possible land swaps.Councilmember Morrison commented on providing the delivery of water to the area. Ms. Fawver stated staff iscurrently working on including the provision within the Service Delivery Plan timeframe.Public comments were made by Citizen Don Miller of 3793 Old Ballinger Hwy.General discussion was held on providing the following services: sewer, water, street lights, street cleaning,code enforcement, and police protection.Mayor New officially closed the public comment period.APPROVAL OF MATTERS RELATED TO HEALTH INSURANCE: THE BENEFITS PLAN DESIGN,HEALTH INSURANCE PREMIUMS, AND THE ALLOCATION OF SAVINGS DERIVED FROM THEHEALTH INSURANCE AND ANCILLARY PRODUCTS PROVIDER; ACCEPTANCE OF THECOMMITTEE’S RECOMMENDATION, AS PRESENTED, WITH THE FOLLOWING CHANGES TOTHEIR RECOMMENDATION: REDUCE THE EMPLOYEE PREMIUM ADJUSTMENT FROM $16.50 TO$13.20; APPROXIMATE SAVINGS OF $52,500.00 SHALL REMAIN IN THE FUND TO OFFSETFUTURE YEAR EXPENSES; AND, UPON RECEIPT OF EARLY RETIREE REINSURANCE PROGRAMFUNDS, SAID FUNDS SHALL ALSO REMAIN IN THE FUND TO OFFSET FUTURE YEAR EXPENSESHuman Resources Director Lisa Marley presented background information. A copy of the presentation is part ofthe Permanent Supplemental Minute record.Ms. Marley informed the City had been approved for $330K from the Early Retiree Reinsurance Program(ERRP) fund, but had not yet received the funds. She noted receipt of funds cannot be guaranteed based on theavailability of funds and staff is working on the 2011 claims. Ms. Marley informed the monies must be utilizedfor provider cost of the plans and insurance related matters.Motion, to accept the Committee’s recommendation, setting aside $324,500.00 to set up a rate stabilization fundcontingent on receiving the ERRP funds, and upon receipt of ERRP funds, an amount equal to said funds willtransferred from the rate stabilization fund to purchase the Emergency Response Type 3 brush truck, was madeby Mayor New.General discussion was held on the rate stabilization plan set up and expenditure process, health savings accountconcept, available physicians between both hospitals, additional cost to the patient to transfer medical records,receipt of the ERRP funds, possible transfers of funds between the self-insurance and probable rate stabilizationaccounts, future insurance rate and premium increases, and savings available for such increases.Councilmember Morrison spoke in opposition of purchasing the brush truck with the savings. Mayor Newwithdrew his motion.Motion, to accept the Committee’s recommendation with the following changes to the plan: reduce theemployee premium adjustment from 16.50 to 13.20; approximate savings of $52,500.00 shall remain in the fundto offset future year expenses; and, upon receipt of ERRP funds, said funds shall also remain in the fund tooffset future year expenses; was made by Councilmember Hirschfeld and seconded by CouncilmemberAlexander.Public comment was made by Citizen Jim Turner.A vote was taken on the motion on the floor. AYE: New, Alexander, Silvas, Hirschfeld, and Farmer. NAY:Morrison and Adams. Motion carried 5-2.
  • 16. Page 6 MinutesVol. 103 November 15, 2011EXECUTIVE/CLOSED SESSIONAt 12:41 P.M., Council convened in Executive Session under the provision of Government Code, Title 5.Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D.Exceptions to Requirement that Meetings be Open, Section 551.087 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 SanAngelo; Section 551.071 to consult with attorney with regard to a possible settlement agreement of thefollowing: settlement with AEP Texas North Company of any and all claims that the City of San Angelomay have relating to utility charges for unmetered street lighting preceding February 16, 2011; and, Section551.071 to consult with attorney on a matter in which the duty of the attorney to the governmental bodyunder the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts withthis chapter on issues related to redistrictingOPEN SESSION (continued)At 1:54 P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:RECESSAt 1:54 P.M., Mayor New called a recess.RECONVENEAt 2:14 P.M., Council reconvened, and the following business was transacted:DISCUSSION ON AERIAL TRUCK RESPONSE EMERGENCY RUNS AND RELATED MATTERSAssistant Fire Chief Kevin Lassiter presented background information.General discussion was held on moving reserved equipment to Central Fire Station, supplying the firefighterwith duplicate gear and equipment in order to man the additional vehicles, Insurance Offices Rating (ISO), andNational Fire Protection Agency (NFPA) Code regulations and requirements.POSTPONEMENT OF AWARDING BID NO. AP-04-11 FOR AIRPORT TERMINAL RECONSTRUCTIONTO TEMPLETON CONSTRUCTION CO. IN THE AMOUNT OF $5,925,715.00 AND AUTHORIZINGCITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTSMayor New informed the item has been removed by staff and postponed until December 6, 2011.AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE CHANGE ORDER #3 TO THE 50THSTREET CONSTRUCTION & GRAPE CREEK ROAD RECONSTRUCTION PROJECT (ES-1-11) IN THEAMOUNT OF $155,489.15 TO REECE ALBERT, INC. FOR CHANGING THE CONSTRUCTION OF50TH STREET (TRAVIS ST. TO ARMSTRONG ST.) FROM HOT MIX ASPHALT PAVEMENT TOROLLER COMPACTED CONCRETE PAVEMENT (RCC)City Engineer Clinton Bailey presented background information.Motion, to authorize, as presented, was made by Councilmember Morrison and seconded by CouncilmemberAdams.General discussion was held on the design onto Grape Creek Road from N. Chadbourne, the drainage near andaround the area, and the quality of the material, specifically related to wear, tear, and cracking.A vote was taken on the motion on the floor. Motion carried unanimously.
  • 17. Minutes Page 7November 15, 2011 Vol. 103FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING ORDINANCE#2011-09-116, PREVIOUSLY AUTHORIZED TO EXECUTE ABANDONMENT OF AN ALLEY INFAIRVIEW ADDITION, BLOCK 50AN ORDINANCE AMENDING ORDINANCE NUMBER 2011-09-116 ADOPTED ON OCTOBER 18,2011, THAT PROVIDES FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING ALLEY,TO WIT: A 20’ X 330’ ALLEY RIGHT-OF-WAY EXTENDING FROM NORTH ARCHER STREET TONORTH BELL STREET IN BLOCK 50 OF THE FAIRVIEW ADDITION, RUNNING PARALLEL TO ANDSOUTH OF EAST HOUSTON HARTE EXPRESSWAY IN NORTHEASTERN SAN ANGELO;AUTHORIZES THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDESFOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDESFOR THE MAYOR TO EXECUTE AND DELIEVER A QUIT CLAIM DEED TO THE ABUTTINGPROPERTY OWNERS; BY REPEALING AND RESTATING PARAGRAPH NUMBERED 4 THEREINWHICH PROVIDES FOR RESERVATION OF AN EASEMENT FOR SEWER UTILITY.Planning Manager AJ Fawver presented background information.Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded byCouncilmember Hirschfeld. Motion carried unanimously.DENIAL TO ISSUE REBATES FOR WATER FEESFinance Director Michael Dane presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Motion, to deny the issuing of a water rebate, was made by Councilmember Alexander and seconded byCouncilmember Hirschfeld. Motion carried unanimously.FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONNo action was taken on matters discussed in Executive/Closed Session.CONSIDERATION OF APPROVING A SETTLEMENT WITH AEP TEXAS NORTH COMPANY OF ANYAND ALL CLAIMS THAT THE CITY OF SAN ANGELO MAY HAVE RELATING TO UTILITYCHARGES FOR UNMETERED STREET LIGHTING PRECEDING FEBRUARY 16, 2011Motion, to approve, as presented, was made by Councilmember Hirschfeld and seconded by CouncilmemberSilvas. Motion carried unanimously.DESIGNATION OF PLAN A AND PLAN C REDISTRICTING PLANS AS ILLUSTRATIVE PLAN(S) TOBE PROPOSED FOR PUBLIC CONSIDERATION AND COMMENT; AND, APPROVAL OF SCHEDULEFOR TWO (2) PUBLIC HEARINGS TO RECEIVE COMMENTS ON DESIGNATED REDISTRICTINGILLUSTRATIVE PLAN(S) FROM MEMBERS OF THE PUBLICCity Manager Harold Dominguez presented background information.Council agreed to hold two public hearings on December 6, 2011 and another to be scheduled by staff.Motion, to designate Plan A and Plan C and hold one of two public hearings on December 6, 2011 and the otherto be scheduled by staff, was made by Councilmember Farmer and seconded by Councilmember Adams.Motion carried unanimously.APPROVAL OF VARIOUS BOARD NOMINATIONS BY COUNCIL AND DESIGNATEDCOUNCILMEMBERS:Civic Events Board: Gray Mundell (SMD5) to a 1st full term October 2014 and Scott Zaruba (Mayor) to a 2ndfull term October 2014
  • 18. Page 8 MinutesVol. 103 November 15, 2011Motion, to approve various board nominations by Council and designated Councilmembers, was made byMayor New and seconded by Councilmember Silvas. Motion carried unanimously.CONSIDERATION OF FUTURE AGENDA ITEMSCity Manager Harold Dominguez distributed the proposed November 15, 2011 Agenda and solicited Councilcomments and suggestions.Proposed rental ordinance, issues, staff involvement, and related Public HearingConsider recruiting Amateur Softball Association (ASA) & United States Specialty Sports Association(UAAASA) Softball leagues and how to coordinating the holding of both leaguesDrainage issue at northeast corner of Brown and E. 22nd Street; Mr. James Horne residenceADJOURNMENTMotion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Adams. Motioncarried unanimously.The meeting adjourned at 3:12 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkAnnexes A-CIn 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.)
  • 19. Minutes Page 9November 15, 2011 Vol. 103 THE CITY OF SAN ANGELO, TEXAS Tuesday, November 15, 2011 Certified Agenda for Executive/Closed SessionI. Announcement by Presiding Officer “The City Council will begin its Executive Session on the November 15 day of Month, 2011, at_____P.M.” Attendees included the City Council, City Manager Harold Dominguez, Asst. City Manager Rick Weise, Assistant City Manager Elizabeth Grindstaff, City Attorney Lysia H. Bowling, City Clerk Alicia Ramirez, and Finance Director Michael Dane.II. Subject matter of each Executive Session deliberation 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:III. Action No formal action was taken by the City Council during the Executive/Closed Session. Action relative to any matter discussed during this session can be found in the minutes of the Regular Meeting of this same November 15.IV. Announcement by Presiding Officer “The City Council has completed its Executive Session on the November 15 day of Month, 2010, at ___P.M.”CERTIFICATIONI hereby certify this Agenda of an Executive Session of the City Council of the City of San Angelo, at which Iserved as Presiding Officer, is a true and correct record of the proceedings and the only matter(s) as stated abovewere discussed, pursuant to Title 5, Texas Government Code, Chapter 551.WITNESS my hand this _____ day of ____________, 2011. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:________________________________Alicia Ramirez, City Clerk
  • 20. City of San AngeloMemo Date: November 17, 2011 To: Councilmembers From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance Subject: Agenda Item for December 6, 2011 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Consent Consideration of awarding bid VM-10-11 for Forklifts, and authorizing the City Manager or designee to execute any necessary related documents. Summary: The Vehicle Maintenance Department requested formal bids for forklifts from ASCO Equipment – San Angelo, TX, Cisco Equipment – San Angelo, TX, Warren CAT – San Angelo, TX, and Yellow House Machinery – San Angelo, TX. Bids were received from ASCO Equipment and Cisco Equipment. History: Bids were requested for replacing current equipment that are past their useful operational life. Formal bids were requested from vendors listed on the Purchasing Master Data Base, advertised in local media and the internet. If awarded, the bid may be used for this and subsequent purchases for a period of one year from the date of award. This purchase, and all additional forklift purchases requested during the contract term, will be presented before Council for approval. Vendor selection is based on the financial impact of the bid; the completeness of the bid; inclusion and pricing of items and options requested; the competence of the vendor regarding the purchase transaction; and the after-sale benefits including location of warranty shops, parts supply lead-time and availability, etc. Specifications were draft for a 7000# capacity forklift and an 8000# capacity all-terrain forklift. Submissions from both vendors met all specifications for the 7000# machine. Cisco Equipment’s submission for the 8000# forklift met all specifications. ASCO’s submission for the 8000# machine did not meet specifications regarding the type of cab requested and requested safety features and was therefore rejected for this machine. Financial Impact: The City recommends awarding the bid in its entirety to Cisco Equipment. This purchase will consist of two (2) machines for a total amount expensed of $103,022.00. The budget account for this transaction will be 260-4400-800-0741 and 270-5400-800-0741. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the bid in its entirety to Cisco Equipment (San Angelo, TX).X:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-10-11 - Forklifts.doc
  • 21. Attachments: Bid Tabulation VM-10-11 Reviewed by: Will Wilde, Water DirectorX:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-10-11 - Forklifts.doc
  • 22. CITY OF SAN ANGELO BID TABULATION * RFB NO: VM 10 11/Forklifts November 9, 2011 Cisco Equipment ASCO ASCO Alternate Extended QTYItem Description Unit Price Extended Price Unit Price Price Unit Price Extended Price 1 7000# Forklift 1 $ 31,420.00 $ 31,420.00 $ 39,855.00 $ 39,855.00 $ 35,350.00 $ 35,350.00 2 8000# Forklift 1 $ 71,602.00 $ 71,602.00 Did Not Meet Specifications Did Not Meet Specifications Total Bid $ 103,022.00 $ 39,855.00 $ 35,350.00 Bids Requested From: Associated Supply Company San Angelo, TX Cisco Equipment San Angelo, TX Warren CAT San Angelo, TX Yellow House Machinery San Angelo, TX
  • 23. City of San AngeloMemo Date: November 17, 2011 To: Councilmembers From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance Subject: Agenda Item for December 6, 2011 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Consent Consideration of awarding HGAC quote VM-23-11 for Police Patrol Vehicles, and authorizing the City Manager or designee to execute any necessary related documents. Summary: The Vehicle Maintenance Department requested a quote for 20 Pursuit Rated Vehicles for the Police Department. Dallas Dodge (Dallas, TX) responded through the State approved purchasing co-op HGAC, contract #VE03-06. History: A quote was requested for vehicles to replace current units that have met their expected usable life. Vendor selection is based on the financial impact of the quote; the completeness of the quote; inclusion and pricing of items and options requested; the competence of the vendor regarding the purchase transaction; and the after-sale benefits including location of warranty shops, parts supply lead-time and availability, compliance with specifications, best overall value for the City, etc. Financial Impact: The City recommends awarding the quote to Dallas Dodge for the acquisition of 20 Police Package Sedans for a total amount expensed of $429,220.00 through the Houston- Galveston purchasing co-op. The budget account for this transaction will be 501-8000-800-0742. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the quote in its entirety to Dallas Dodge (Dallas, TX) through HGAC contract #VE03-06. Attachments: None Reviewed by: Chief Vasquez, Chief of PoliceX:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-23-11 - Police PatrolVehicles.doc
  • 24. MEMORANDUMDate: November 17, 2011To: Mayor and CouncilmembersFrom: Luis Elguezabal, A.A.E., Airport DirectorSubject: Consideration for 12-6-11 meetingContact: Luis Elguezabal, A.A.E., Airport, 325-659-6409 or extension-1010Caption: CONSENT AGENDA: CONSIDERATION OF AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE TASK ORDER NO. 16, AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND KSA ENGINEERS FOR ARCHITECTURAL/ENGINEERING SERVICES ASSOCIATED WITH THE TERMINAL BUILDING RENOVATIONS PROJECT IN THE AMOUNT OF $354,526 AT SAN ANGELO REGIONAL AIRPORT.History: Staff submitted a Request for Qualifications RFQ No. AP-1-10 Architectural & Engineering Services, in November 2009. KSA Engineers was selected and an Agreement was entered by City Council on May 4, 2010. The selection process met the standards and guidelines of the Federal Aviation Administration (FAA) Advisory Circular 150/5100-14 – Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. Airport staff is planning several improvements to the airports: infrastructure, Master Plan, Airport Layout Plan, and terminal building area. Staff will bring forth separate Task Orders for additional projects as funding for each project becomes available from the Federal Aviation Administration.Summary: Task Order No. 16 will provide the San Angelo Regional Airport with construction phase services, construction materials testing, and post-construction phase services associated with the Terminal Building Renovations project. The fee covers bi-weekly periodic site visits to observe work in progress by the Architects, as requested by the Federal Aviation Administration. KSA Engineers has been teamed with: Corgan Associates Inc, (Architect), Reed, Wells, Benson and Company (Mechanical/Electrical/Plumbing), L.A. Fuess Partners, Inc (Structural Engineering), and CAGE Inc.(Baggage Consultant.) The term of this Task Order will be for 18 months for the construction phase and 45 days for the post-construction phase.Financial Impact: Total cost for Task Order No. 16 is $354,526 for which the Federal Aviation Administration will fund 95% which is $336,800 and the City is responsible for 5% or $17,726. The City will fund its share with Passenger Facility Charges (PFC).Related Vision Item: Adequately Maintain Infrastructure.Other Information/Recommendation: Staff recommends approval.Attachments: Task Order No. 16Presentation: NonePublication: NoneReviewed by Director: Luis Elguezabal, A.A.E., Airport, 11-17-11
  • 25. San Angelo Regional AirportTask Order No. 16 TASK ORDER N0. 16KSA Project No. SAN.009 This is Task Order No. 16, consisting of 3 pages. Task Order No. 16 – Terminal Renovations Construction Phase Services In accordance with paragraph 1.02 of the Standard Form of Agreement between the City of San Angelo, Texas (Owner) and KSA Engineers, Inc. (Engineer) for professional services, Task Order Edition, dated May 4, 2010 ("Agreement"), Owner and Engineer agree as follows: 1. Specific Project Data A. Title: Terminal Renovations Construction Phase Services B. Description: Conduct construction phase services, construction materials testing, and post- construction phase services associated with the Terminal Building Renovations project at San Angelo Regional Airport. 2. Services of Engineer A. Provide the services in Exhibit A – Schedule of Engineer’s Services as outlined below. a. The services outlined in Paragraph A1.01 Study and Report Phase of the General Services Agreement are NOT included in this Task Order. b. The services outlined in Paragraph A1.02 Preliminary Design Phase of the General Services Agreement are NOT included in this Task Order. c. The services as outlined in Paragraph A1.03 Final Design Phase of the General Services Agreement are NOT included in this Task Order. d. The services as outlined in Paragraph A1.04 Bidding or Negotiating Phase of the General Services Agreement are NOT included in this Task Order. e. During the Construction Phase ENGINEER shall: Provide the services outlined in Paragraph A1.05 Construction Phase of the General Services Agreement. f. During the Post-Construction Phase ENGINEER shall: Provide the services outlined in Paragraph A1.06 Post-Construction Phase of the General Services Agreement. B. This task order does not include services for study and report phase, preliminary design phase, final design phase, geotechnical investigations, resident project representative or inspection. 3. Owners Responsibilities A. See Exhibit B of Standard Form of Agreement dated May 4, 2010. Task Order No. 16 Page 1 of 3
  • 26. TASK ORDER N0. 164. Times for Rendering Services Phase Completion Date Construction Phase 18 Months from Notice to Proceed Post-Construction Phase 45 Calendar Days from Notice to Proceed Note: Times for rendering services do not include review periods of the Client or Governmental Agencies.5. Payments to Engineer A. Owner shall pay Engineer for services rendered as follows: Category of Services Compensation Method Fee Construction Phase Lump Sum $321,708.00* Construction Materials Testing Lump Sum $27,818.00 Post-Construction Phase Lump Sum $5,000.00 TOTAL $354,526.00 * Fee includes the following: review and respond to Requests for Information (RFI’s), review and comment on Submittals from the Contractor, periodic site visits to observe work in progress (Architect every two weeks), participation in Construction Meetings by phone (unless in town for site observation), and site visits for specific milestones or equipment installations (Architect or other disciplines as required). B. The terms of payment are set forth in Article 4 of the Agreement.6. Consultants: Corgan Associates, Inc. – Architect Reed, Wells, Benson and Company – Mechanical/Electrical/Plumbing (MEP) L.A. Fuess Partners, Inc – Structural Engineering CAGE Inc. – Baggage Consultant7. Other Modifications to Agreement: None8. Attachments: None9. Documents Incorporated By Reference: None Task Order No. 16 Page 2 of 3
  • 27. TASK ORDER N0. 16Terms and Conditions: Execution of this Task Order by OWNER and ENGINEER shall make it subjectto the terms and conditions of the Agreement (as modified above), which Agreement is incorporated bythis reference. ENGINEER is authorized to begin performance upon its receipt of a copy of this TaskOrder signed by OWNER.The Effective Date of this TASK Order is , .OWNER: ENGINEER:City of San Angelo KSA Engineers, Inc.By: By:Name: Harold Dominguez Name: Joncie H Young, P.E.Title: City Manager Title: PresidentAttest: Alicia Ramirez, City Clerk(SEAL)DESIGNATED REPRESENTATIVE FOR DESIGNATED REPRESENTATIVE FOR TASKTASK ORDER: ORDER:Name: Luis E. Elguezabal, A.A.E. Name: David A. Alexander, P.E.Title: Airport Director Title: Project ManagerAddress: 8618 Terminal Circle, Suite 101 Address: 5301 Knickerbocker Road, Suite 120 San Angelo, TX 76904 San Angelo, Texas 76904E-Mail E-MailAddress: Luis.Elguezabal@sanangelotexas.us Address: dalexander@ksaeng.comPhone: 325-659-6409 Phone: 325-947-1555Fax: 325-657-0050 Fax: 325-947-1559 Approved as to content Approved as to form _____________________________ _____________________________ Luis E. Elguezabal, Airport Director Lysia H. Bowling, City Attorney Task Order No. 16 Page 3 of 3
  • 28. City of San AngeloMemo Date: November 16, 2011 To: Mayor and Council Members From: Roger S. Banks, Purchasing, Division Manager Subject: Agenda Item for December 6, 2011 Council Meeting Contact: Diana Farris, Purchasing Specialist, 657-4212 Caption: Consent Item Consideration of adopting a Resolution authorizing the Mayor to execute a Resolution authorizing sale of Tax Lot(s): st A. 37 W 21 Street, (Green), Lot 2, Block 27, Lasker Addition, $2,500, Suit No. B-05-0070-T 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. OFFERS Location Size Date Auctioned Offer Will Satisfy… st 37 W 21 Street 50’ x 140’ 03/04/08 The total amount due under the judgment History: The following 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. st 37 W 21 Street Taxes $2,746.28 Sheriff Fees $100.00 District Clerk $548.00 Attorney Fees $275.00 Administration $350.00 Municipal Liens $0.00 Total $4,019.28 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) Property(s) will be reinstated back onto tax roll. Other Information/Recommendation: No outstanding account balances exist for the above Prospective Buyers and it is recommended that the above offer(s) be accepted. Attachments: Resolution, Tax-Resale Deed, and Property Location Map Presentation: N/A Reviewed by Service Area Director: Michael Dane, Director of Finance
  • 29. RESOLUTION AUTHORIZING SALE OF REAL PROPERTY (Not Less Than Adjudged Value or Judgment) WHEREAS, on the day of , 2011, 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 2, Block 37, Lasker Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 797, Page 597, 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 No. 649603 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 greater than or equal to the marketvalue specified in the Judgment of foreclosure or greater than or equal to the amount of thejudgment(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 MARTHA DOMINGUEZ GREEN, a single person, for the consideration ofTwo Thousand Five Hundred and 00/100 Dollars ($2,500.00) and that the sale for said amount isalso hereby authorized and approved.APPROVED AND ADOPTED ON THE DAY OF , 2011. THE CITY OF SAN ANGELO _______________________________ Alvin New, MayorAttest:_____________________Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:______________________ ____________________________Lysia Bowling, City Attorney Roger S. Banks, Purchasing Manager
  • 30. City of San AngeloMemo Date: November 8, 2011 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Agenda Item for December 6, 2011 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 Caption: Consent Item Consideration of authorizing the sale of the following residential property for the appraised value and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements. Summary: Glen Meadows Baptist Church 6002 Knickerbocker Road Lot 1, Group 2 $312,358 History: None. Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund. Related Vision Item (if applicable): None. Other Information/Recommendation: If the sale is approved at the appraised value, a title examination will be performed and legal staff will prepare a Real Estate Contract of Sale, Special Warranty Deed and Surrender of Lease, as previously approved by City Council. Staff recommends approval. Attachments: Appraisal Report (Glen Meadows Baptist Church) Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, November 9, 2011.
  • 31. City of San AngeloMemo Date: December 2, 2011 To: Mayor and Council Members From: Ron Perry, Emergency Management Coordinator Subject: Agenda Item for December 6, 2011 Council Meeting Contact: Ron Perry, Emergency Management, 325-657-4230 Caption: Consent Consideration of approving a Memorandum of Understanding (MOU) Agreement between the City of San Angelo and the Department of State Health Services, Health Service Region 9/10., whereby in the event of a Public Health Emergency event in the State of Texas, local and regional health and medical infrastructure and associated resources will be quickly committed to providing the necessary treatment and supporting strategies to effectively respond to a potential evolving event or to support the response to an actual event, and authorizing the Mayor and/or City Manager to execute said agreement. Summary: The capability of mobilizing resources from the state, federal, and private sector will enable the quick augmentation of local and regional medical and health resources, supporting the effective management and distribution of the Strategic National Stockpile (SNS), during a Public Health emergency. History: With a recent change in Emergency Management and Public Health preparedness requirements, establishing designated Point Of Dispensing (POD) sites throughout the Tom Green County area and working with the Department of State Health Services in procuring these medications for a Public Health emergency will assist in the mitigation process to prepare for such an emergency. Financial Impact: All reasonable and eligible costs, including lost revenues relating to use of the facility, associated with the Strategic National Stockpile may be submitted for consideration and reimbursement through established disaster assistance programs. Related Vision Item N/A (if applicable): Other Information/ Staff recommends approval for the Mayor or City Manager to sign the Memorandum Recommendation: of Understanding (MOU) Agreement between the City of San Angelo and the Department of State Health Services, Health Service Region 9/10 Attachments: EM DSHS MOU Agreement.pdf Presentation: N/A Publication: N/A Reviewed by Harold Dominguez, City Manager,
  • 32. Service AreaDirector:Approved by Legal: Date of Approval (attach Legal Approval Form)
  • 33. San Angelo Metropolitan Planning OrganizationMemo Date: December 6, 2011 To: Mayor and City Council members From: Doray Hill, Jr., Interim MPO Director Subject: Agenda Item for October 21, 2008 Council Meeting Contact: Doray Hill, Jr. Interim MPO Director Caption: Consideration of authorizing the City Manager or his designee to execute a Planning Contract between the San Angelo Metropolitan Planning Organization, the Texas Department of Transportation, and the City of San AngeloSummary: This contract is a requirement by the Texas Department of Transportation. Alltwenty-five Metropolitan Planning Organizations in the State of Texas are required to have aPlanning Contract.History:The San Angelo Metropolitan Planning Organization (SA-MPO) has a contract currently in placebetween the City of San Angelo and the Texas Department of Transportation. This agreementwas executed on March 15, 2011 and will expire September 30, 2012. A new Planning Contract(Agreement) was recently given to the Texas MPOs that have changes, which incorporaterecent legislation. The current contract will remain in effect until this new one can be signed.The City of San Angelo is being asked to sign this new contract as the fiscal agent of the SA-MPO. This attached agreement does not change any of the responsibilities of the fiscal agentrather, it includes new federally required provisions.The City of San Angelo legal staff approved this agreement. Additionally, the San AngeloMetropolitan Planning Organization Policy Board approved this agreement at their November3, 2011 meeting. This contract will be forwarded to the Texas Department of Transportation for
  • 34. the State of Texas execution. The new contract after signed will expire on September 30, 2012,as did the recently signed contract.Financial Impact: n/aRelated Vision Item (if applicable): n/aNotification: n/aAttachments: Agreement with Metropolitan Planning OrganizationPresentation: n/aPublication: n/aReviewed by: n/a
  • 35. San Angelo Metropolitan Planning OrganizationMemo Date: December 6, 2011 To: Mayor and City Council members From: Doray Hill, Jr., Interim MPO Director Subject: Agenda Item for October 21, 2008 Council Meeting Contact: Doray Hill, Jr. Interim MPO Director Caption: Consideration of authorizing the City Manager or his designee to negotiate and execute an Agreement with Metropolitan Planning Organization by and between the City as Fiscal Agent, the Texas Department of Transportation, and the San Angelo Metropolitan Planning Organization Policy Committee, providing for urban district transportation planning and superseding prior agreements between the partiesSummary: This contract is a requirement by the Texas Department of Transportation. Alltwenty-five Metropolitan Planning Organizations in the State of Texas are required to have aPlanning Contract.History:The San Angelo Metropolitan Planning Organization (SA-MPO) has a contract currently in placebetween the City of San Angelo and the Texas Department of Transportation. This agreementwas executed on March 15, 2011 and will expire September 30, 2012. A new Planning Contract(Agreement) was recently given to the Texas MPOs that have changes, which incorporaterecent legislation. The current contract will remain in effect until this new one can be signed.The City of San Angelo is being asked to sign this new contract as the fiscal agent of the SA-MPO. This attached agreement does not change any of the responsibilities of the fiscal agentrather, it includes new federally required provisions.
  • 36. The City of San Angelo legal staff approved this agreement. Additionally, the San AngeloMetropolitan Planning Organization Policy Board approved this agreement at their November3, 2011 meeting. This contract will be forwarded to the Texas Department of Transportation forthe State of Texas execution. The new contract after signed will expire on September 30, 2012,as did the recently signed contract.Financial Impact: n/aRelated Vision Item (if applicable): n/aNotification: n/aAttachments: Agreement with Metropolitan Planning OrganizationPresentation: n/aPublication: n/a
  • 37. City of San AngeloMemo Date: 11/03/11 To: Mayor and Councilmembers From: Chief Tim Vasquez Subject: Agenda Item for December 6, 2011 Council Meeting Contact: Chief Tim Vasquez, 657-4336 Caption: Consent Item Consideration of approving a maintenance service contract for San Angelo Public Safety Communications in the amount of $137,861.96 for calendar year 2012 between the City of San Angelo and Intergraph authorizing 24/7 technical support and authorizing the City Manager or his designee to execute said maintenance contract and any renewal contract thereafter provided the cost does not increase more than 4% each subsequent year Summary: This is an annual service contract that provides 24/7 technical support for Intergraph Public Safety products. This service can not be supported or purchased locally. History: The City of San Angelo selected Intergraph as its Public Safety Software vendor in 1999 and each year following a maintenance contract has been purchased. Financial Impact: The Intergraph maintenance contract for this year is $137,861.96. The funds for the contract are budgeted in the San Angelo Public Safety Communications Budget FY 2011-2012. Related Vision Item (if applicable): N/A Other Information/Recommendation: Staff recommends approval of Intergraph maintenance contract. Attachments: Intergraph quote # 1-5TT6NH, Intergraph Maintenance Contract Presentation:None Publication: N/A Reviewed by Service Area Director: Chief Tim Vasquez, Police Department, November 3, 2011 Adopted: 5/30/03 Revised: 1/16/08
  • 38. Exhibit A Security, Goverment and InfrastructureSan Angelo TX City Of PO#: tbdAccount Nbr: MDC-2222 Performance Period: 01/01/2012 Through 12/31/2012Quote: 1-5TT6NH - City of San Angelo TX - SW 2012 Service Level: Premium Bill To: Ship To: San Angelo TX City Of San Angelo TX City Of Attn: Accounts Payable Attn: Sgt. Victor Vasquez PO Box 1751 401 East Beauregard Avenue San Angelo, TX 76902 San Angelo, TX 76902 USA USALn Base Part Description Serial Begin End Coverage Mths Qty Mth Total Cost CostSite Number: 000857192 IPS0001 I/Executive MME-1-ZBH7 01/01/2012 12/31/2012 Ph Supp with Upgs 12 1 $656.25 $7,875.003 IPS0002 I/Dispatcher MME-1-1K3WS 01/01/2012 12/31/2012 Ph Supp with Upgs 12 9 $281.40 $30,391.204 IPS0004 I/Informer MME-1-ZBHR 01/01/2012 12/31/2012 Ph Supp with Upgs 12 1 $374.85 $4,498.205 IPS0004A I/Informer to I/LEADS MME-1-ZBHT 01/01/2012 12/31/2012 Ph Supp with Upgs 12 1 $0.00 $0.006 IPS0007 I/Executive 2 MME-1-ZBHV 01/01/2012 12/31/2012 Ph Supp with Upgs 12 1 $468.30 $5,619.607 IPS0009 I/Mobile Data Terminal MME-1-ZBHX 01/01/2012 12/31/2012 Ph Supp with Upgs 12 1 $749.70 $8,996.408 IPS0015 I/Tracker 1-233977243 01/01/2012 12/31/2012 Ph Supp with Upgs 12 1 $425.25 $5,103.009 IPS0019 I/LEADS-Server MME-1-ZBIB 01/01/2012 12/31/2012 Ph Supp with Upgs 12 1 $357.00 $4,284.0010 IPS0020 I/LEADS-Records Management System - MME-1-1K585 01/01/2012 12/31/2012 Ph Supp with Upgs 12 60 $26.25 $18,900.0011 IPS0022 I/LEADS-Incident Based Reporting MME-1-ZBLP 01/01/2012 12/31/2012 Ph Supp with Upgs 12 1 $162.75 $1,953.0012 IPS0030 I/LEADS-CAD Link MME-1-ZBLT 01/01/2012 12/31/2012 Ph Supp with Upgs 12 1 $0.00 $0.0013 IPS0038 I/Mobile MME-1-ZBN1 01/01/2012 12/31/2012 Ph Supp with Upgs 12 112 $18.90 $25,401.6014 IPS0042A I/NetViewer - 15 users MME-1-ZBT9 01/01/2012 12/31/2012 Ph Supp with Upgs 12 1 $425.25 $5,103.0015 IPS0052 I/Fire Station Alerting 1-16070760 01/01/2012 12/31/2012 Ph Supp with Upgs 12 1 $171.15 $2,053.8016 IPS1163C I/MapEditor CC - Component 145Z2D700120184 01/01/2012 12/31/2012 Ph Supp with Upgs 12 1 $75.60 $907.2017 SFRMSCAD FireRMS CAD Interface 1-213629321 01/01/2012 12/31/2012 Ph Supp with Upgs 12 1 $399.99 $4,799.8818 SJBX690AA-C GeoMedia Pro - CC - English - 145Z2D700120184 01/01/2012 12/31/2012 Ph Supp with Upgs 12 1 $168.00 $2,016.0019 SUNPRORMSENT SUNPRO Fire RMS Enterprise Edition 1-213826621 01/01/2012 12/31/2012 Ph Supp with Upgs 12 8 $60.00 $5,760.0020 IPSCUSTOM14 I/LEADS State Accident Report 1-290127869 01/01/2012 12/31/2012 Ph Supp with Upgs 12 1 $350.01 $4,200.08 SubTotal for Site Number 00085719 $137,861.96Report Generated for mschweri on 10/3/2011 Page 1 of 2
  • 39. Exhibit A Security, Goverment and InfrastructureSan Angelo TX City Of PO#: tbdAccount Nbr: MDC-2222 Performance Period: 01/01/2012 Through 12/31/2012Quote: 1-5TT6NH - City of San Angelo TX - SW 2012 Service Level: PremiumLn Base Part Description Serial Begin End Coverage Mths Qty Mth Total Cost Cost Grand Total Excluding Tax $137,861.96Report Generated for mschweri on 10/3/2011 Page 2 of 2
  • 40. Security, Government & Infrastructure (SG&I)U.S. Maintenance Terms and Conditionsfor SoftwareThis document (“Terms and Conditions”) and the Quote to which these Terms and Conditions areattached set forth the terms and conditions for the maintenance of software and related supportservices by Intergraph Corporation, doing business as the Security, Government and InfrastructureDivision (“Intergraph”) for Customer.1. DEFINITIONS 1.1. “Affiliate” means any entity or person controlled by or under common control of Intergraph Corporation. For the purposes of this Agreement, the term "control" means ownership, directly or indirectly, of equity securities entitling the owner to exercise in the aggregate equal or more than twenty-five percent (25%) of the voting power of the entity in question. For the avoidance of doubt, any Affiliate of Intergraph Corporation is as well deemed an Affiliate of any other Affiliate of Intergraph Corporation; also Intergraph Corporation is an Affiliate of any of its Affiliates. 1.2. “Agreement” means (1) the binding contract incorporating these Terms and Conditions as well as the Quote submitted to Customer under Section 2 and/or, if applicable, (2) the binding contract incorporating a Quote submitted to Customer under Section 3.2 and/or Section 12.1 as well as the maintenance service contract terms and conditions referenced therein. 1.3. “Coverage Period” means the period of performance set forth in the Quote. 1.4. “Covered Products” means the software listed on the Quote for which Services are to be provided to Customer by Intergraph. Covered Products shall also include additional copies of the software (i) where the original software is already covered by the Agreement and (ii) for which additional licenses are purchased or otherwise obtained by Customer during the Coverage Period. Covered Products may include Software Products, as well as Third Party Software. 1.5. “Customer” means the entity or person purchasing Services. 1.6. “Quote” means a quotation for Services submitted to Customer by Intergraph or an authorized Intergraph partner, along with a product quotation at time of purchase of the product to be maintained. according to Section 2, or a quotation for Services submitted to Customer by Intergraph, according to, Section 3.2 and/or Section 12.1. 1.7. “Services” means the maintenance and support services for Covered Products that are further described in the Agreement. 1.8. “Software Product” includes Intergraph’s or Intergraph’s Affiliate’s computer software and all of the contents of the files, disk(s), CD-ROM(s) or other media with which the software is provided, including any templates, data, printed materials, and “online” or electronic documentation, all copies, and any Updates of such Software Products. Software Page 1 of 15
  • 41. Products are subject to all of the terms and conditions of the End-User License Agreement (“EULA”) provided with the Software Product. 1.9. “Third Party Software” means computer software or other technology in which any person or entity, other than Intergraph or Intergraph’s Affiliate, has any right, title or interest, including any restrictions or obligations (such as obligations to obtain consents or approvals and restrictions that may be eliminated only by obtaining such consents or approvals) applicable to the computer software or technology, but does not include software embedded in the Software Products by license from third parties. The use of Third Party Software is subject to all of the terms and conditions of the third party’s software license or similar agreement (“SLA”) provided with the Third Party Software. 1.10. “Update(s)” means any Upgrade, modified version, fix, patch and/or update of Covered Products. The use of Updates is subject to all of the terms and conditions of the EULA or SLA provided with Customer’s current version of the Covered Products. 1.11. “Upgrade(s)” means each new release of Covered Products. Upgrades require a full installation and may be provided with a separate EULA or SLA. Any EULA or SLA delivered with the Upgrade will supersede any EULA or SLA associated with prior releases of the Covered Products.2. AUTHORIZATION OF SERVICESBy either (a) returning a signed Quote; (b) submitting a signed purchase order referencing a Quote;(c) paying any charges as set forth on a Quote; or (d) accepting delivery of Services as set forth on aQuote, Customer authorizes Intergraph to provide the Services for Covered Products during theCoverage Period in accordance with the Agreement. The Services will be provided by Intergraph inaccordance with the Scope of Coverage as set forth in Section 5. The Agreement shall only becomebinding and effective upon the written acceptance by Intergraph or the first delivery of the Servicesset forth in the Quote, whichever is earlier.3. TERM 3.1. Term. This Agreement shall begin, retroactively (if applicable), on the first calendar day of the first month of the applicable Coverage Period, and shall expire at the end of the Coverage Period unless terminated earlier as provided in Section 18, or renewed by mutual agreement of the parties in accordance with Section 3.2. The Coverage Period shall be for whole months only. 3.2. Renewal. Approximately ninety (90) days prior to the expiration date of any Coverage Period, Intergraph will submit to Customer a renewal Quote that includes pricing for the upcoming Coverage Period. Section 2 shall apply mutatis mutandis to the formation of the Agreement based on the renewal Quote as well as the maintenance service contract terms and conditions referenced therein or made available to Customer together with the renewal Quote. If the Agreement is not entered into based on the renewal Quote as well as the maintenance service contract terms and conditions referenced therein, Intergraph, after the preceding Coverage Period has expired, shall be entitled to discontinue Services for the affected Covered Products, including access to system support or knowledge base, and/or end the ability of Customer to log or check support requests.4. REINSTATEMENT OF MAINTENANCE SUPPORT COVERAGE 4.1. Lapse in Software Maintenance Coverage. To reinstate Services after any termination or suspension thereof, Customer must pay a reinstatement fee. The Coverage Period for any reinstated Services (the “Renewal Coverage Period”) shall begin on the first day after the Page 2 of 15
  • 42. expiration or termination of the last paid-in-full Coverage Period and extend until the next purchase anniversary date of the lapsed Covered Products. The reinstatement fee will equal twenty-five percent (25%) of the past due maintenance charges (rounded up to whole months only) for the Renewal Coverage Period, and shall be in addition to the total maintenance charges due for the Renewal Coverage Period, all calculated at the current maintenance list price. Upon request of Customer, Intergraph will provide a Quote for the Renewal Coverage Period, to include the reinstatement fee, which is applicable only for reinstatement made in the then-current month. 4.2. Failure to Obtain Maintenance Coverage. In the event Services were not purchased at the time that the Covered Product was originally purchased, in order to obtain Services, Customer must pay one hundred twenty-five percent (125%) of all maintenance payments from the date the original Covered Product was purchased up to the date the Services are actually purchased, plus one hundred percent (100%) of the remaining Coverage Period that expires upon the anniversary date of the original Covered Product purchase, all calculated at the current maintenance list price. The Coverage Period for such Covered Products will begin on the first day of the month in which the Covered Products were originally purchased.5. SCOPE OF COVERAGE FOR SOFTWARE PRODUCTSServices described in this Section apply to Software Products only. Services for Third PartySoftware are set forth in Section 10.Intergraph offers two levels of Services for Software Products included in the Covered Products:Standard Support and Premium Support. Under both levels of Services, Intergraph shall providereasonable commercial efforts to aid in the diagnosis and correction of defects in and providegeneral advice as to the use of the Software Products included in the Covered Products. The level ofServices will be set forth on the Quote and will include the following: 5.1. Standard Support: Standard Support will include and be limited to the following: 5.1.1. Help Desk Support. Out-of-the-box functionality support via the Help Desk (telephone or eService via Intergraph’s Customer Support Web Site where available at http://esupport.intergraph.com). Phone support for all priority levels of software errors is available on Monday through Friday from 8AM – 5PM at Customer’s local time, excluding Intergraph-observed holidays. Local variances in support hours will be posted on the Customer Support Web Site or applicable local support website, or can be determined by contacting Customer’s local Intergraph office. 5.1.2. Updates. Access to all available Updates of Software Products included in the Covered Products. Intergraph will notify Customer when Updates are made available for any Software Products for which Service has been purchased, by way of posting notices of such to the “Support Notices and Announcements” section on the Customer Support Web Site or applicable local support website or via direct notification by Intergraph. If applicable, Customer may also register on the Customer Support Web Site or applicable local support website to automatically receive email notifications when a new release of a Software Product is made available by Intergraph. Updates are shipped to Customer upon Customer request. Intergraph is not obligated to produce any Updates. 5.1.3. Knowledge Base. Twenty-four-hour-per-day/seven-day-per-week access to problem Knowledge Base, an on-line self-help tool. Page 3 of 15
  • 43. 5.2. Premium Support: Premium Support will include all of the features available under Standard Support. Additionally, when the software error is considered to be critical (meaning production is down), then phone support is also available after-hours and on Intergraph-observed holidays.Intergraph may not provide both levels of support for all Software Products in all countries.Customer may choose any level of Services offered, however all Software Products included in theCovered Products under the Agreement must have the same level of Services when available.Services are only available for the current version and the one version prior to the current version ofa particular Software Product. Services are limited to the specific Software Products listed on theQuote and functioning on the appropriate Intergraph-supported operating system.6. MINIMUM SYSTEM REQUIREMENTS; CUSTOMER’S OBLIGATIONSPerformance of Services by Intergraph is specifically conditioned upon the following minimumsystem requirements and fulfillment by Customer of the following obligations (collectively, minimumsystem requirements and customer obligations hereinafter referred to as “Customer Obligations”): 6.1. Customer’s hardware and operating system software must meet the minimum system requirements specified by Intergraph and made available to Customer upon request. 6.2. Customer’s system must have input and output devices that enable the use of Intergraph’s diagnostic programs and supplemental tests. The specifications of such devices shall be made available to Customer by Intergraph upon request. 6.3. Customer will be responsible for any required adjustments or updates to its hardware and/or operating system software required to accommodate Updates of Covered Products. 6.4. Customer will ensure availability of its own system technical support personnel so that Intergraph can fulfill its Service obligations. 6.5. When reporting problems to Intergraph’s Help Desk, Customer will provide a complete problem description, along with all necessary documents and information that is available to Customer and required by Intergraph to diagnose and resolve the problem. Customer will grant all necessary access to all required systems as well as to the Covered Products, and any other reasonable assistance needed. 6.6. Customer will carry out any reasonable instructions on troubleshooting or circumvention of the problem provided by Intergraph through the Authorized Contact (as defined below in Section 8.1) immediately and in conformity with these instructions, and will install any necessary patches, defect corrections or new versions from Intergraph. 6.7. Customer is solely responsible for assuring the compatibility of non-Intergraph products with products provided by Intergraph. 6.8. Customer is solely responsible for ensuring its systems, software, and data are adequately backed up. Intergraph will not be liable for lost data.In addition, Customer shall provide for any other requirements reasonably specified by Intergraphand related to the rendition of the Services to be met.If Customer fails to fulfill its Customer Obligations, Intergraph is entitled to bill Intergraph’s time andeffort made necessary by Customer’s failure at Intergraph’s currently stated hourly rates.7. EXCLUDED SOFTWARE SERVICES Services for the following are outside the scope of this Agreement and may be available under separate agreement at an additional charge (collectively “Excluded Services”): 7.1. Installation of any Covered Product, Update, or interface software 7.2. Network configuration Page 4 of 15
  • 44. 7.3. Configuration or customization of Covered Products to customer requirements. 7.4. System-level tuning and optimization and system administration support 7.5. Programming or software development 7.6. Training 7.7. Services required because the Authorized Contact is not available or is not trained in accordance with Section 8 7.8. On-site Services 7.9. Services outside of the regular business hours associated with the applicable level of Services 7.10. Services required due to modifications of Covered Products by Customer. In the case of Intergraph software modules which assist in the creation and use of Customer software, the performance of Services under the Agreement is restricted to unmodified components of these Covered Products 7.11. Services required due to use other than in the ordinary manner intended for the Covered Products, or use in a manner that contravenes terms hereunder, or Customer’s disregard of the installation and operating instructions according to the documentation provided with the Covered Products 7.12. Services required due to failure of software or hardware not supplied by Intergraph and not covered in the Agreement 7.13. Services required due to Customer’s use of hardware or software that does not meet Intergraph specifications or failure of Customer to maintain or perform industry standard maintenance on Customer’s hardware or software 7.14. Services required due to software or portions thereof that were incorrectly installed or configured, or use in an environment inconsistent with the support environment specified by Intergraph, or used with peripherals, operational equipment or accessories not conforming to Intergraph’s specifications 7.15. Services required due to cases of force majeure, especially lightning strikes, fire or flood or other events not caused through Intergraph’s fault. 7.16. Services required due to customer’s failure to fulfill the Customer Obligations set forth in Section 6 7.17. Services required due to faulty or incomplete Customer data.When ordered by Customer, Excluded Services or other software maintenance support services thatare outside the scope of this Agreement will be billed by Intergraph according to the stated hourlyrates and material prices in effect at the time such service is performed.8. SYSTEM SUPPORT TECHNICIAN 8.1. Customer will appoint a minimum of two and a maximum of three contact people who are each authorized to make use of the Services (“Authorized Contacts”). 8.2. Customer must make sure that the Authorized Contacts have adequate expertise and experience to make possible a targeted and professionally accurate description of malfunctions and make it possible for Intergraph to handle them efficiently. Authorized Contacts must have successfully completed Intergraph product training or complete it at the next available scheduled opportunity, for those products for which formal training is available. Customer will bear the cost of this training. Customer is obligated to select only those personnel for this task who are suitable for it by means of training and function, and who have knowledge of Customer’s operating system, network, and hardware and software systems. Customer agrees to promptly notify Intergraph of any replacement of an Authorized Contact.9. REMOTE ACCESS Page 5 of 15
  • 45. Customer will permit Intergraph to electronically access Customer’s system via SecureLink™.SecureLink™ is a tool for providing secure, auditable remote access to Customer’s system in orderfor Intergraph support personnel (“Customer Support”) to effectively troubleshoot critical or complexproblems and to expedite resolution of such issues. The Authorized Contacts should be available toassist Intergraph Customer Support as needed during this entire process. Customer Support willonly access Customer’s system with the knowledge and consent of Customer. For local variancesspecific to the use of remote access tools other than SecureLink™, Customer should contact thelocal Intergraph support office.10. THIRD PARTY SOFTWARESupport and Updates of Third Party Software shall be provided in the fashion and to the extent orduration that Intergraph is authorized to provide such by the third party manufacturer of the ThirdParty Software, and such Third Party Software Services may be subject to additional terms andconditions of the third party manufacturer of the Third Party Software.Services and Updates for any Third Party Software that are not listed on the Quote must be obtainedfrom the third party owner of the products or their designated representative.11. REQUIRED COVERAGE 11.1. Multiple or Interdependent Licenses. Customer may not decline maintenance for individual licenses of a Covered Product for which Customer has multiple copies under Service at one site or for Covered Products that are being used interdependently at a single site, except in accordance with the relinquishment process described in Section 12.2. 11.2. Prerequisite Licenses. All prerequisite Intergraph software licenses that are necessary to operate the Covered Products for which Customer desires Services under the Agreement must also be included as Covered Products and listed on the Quote.12. ADDITIONS AND REMOVALS OF COVERED PRODUCTS 12.1. Additions of Covered Products to Maintenance. 12.1.1. Additional Software Products from Intergraph. In the event Customer purchases additional licenses of Software Products from Intergraph during the term of this Agreement, Intergraph will provide Customer with a written extension Quote that reflects the additional licenses, the effective date of Service, and charges for the additional licenses, pursuant to the Agreement. 12.1.2. Additional Software Products from a third party. In the event Customer obtains additional licenses of Software Products from an authorized reseller or by any other means, Customer agrees to promptly notify Intergraph in writing about the newly acquired Software Products, and upon receipt of such notice, Intergraph will provide Customer with a written extension Quote that reflects the additional licenses, the effective date on which Intergraph may commence the Services with respect to the copies of the Software Product pertaining to the additional licenses, and the charges that would be due in return for these Services pursuant to the Agreement. 12.1.3. Section 2 shall apply mutatis mutandis to the formation of the Agreement based on the extension Quote submitted to Customer under Section 12.1.1 or Section 12.1.2 as well as the maintenance service contract terms and conditions referenced therein or made available to Customer together with the extension Quote. If the Agreement is not entered into based on the extension Quote as well as the maintenance service contract terms and conditions referenced therein, then the terms and conditions in Page 6 of 15
  • 46. Section 4 regarding reinstatement of Services will apply to the additional licenses of Software Products. If, however, the additional Software Products are multiple, interdependent, or prerequisite licenses as described in Section 11 above, Services may not be declined, and Services and the appropriate monthly charges will begin on the effective date as shown on the extension Quote. 12.1.4. Additional Software Products via Software Transfer Policy. Customer shall purchase Services on all additional licenses of Software Products for a site obtained via software license transfer. Any such software license transfers shall be in accordance with the then-current Intergraph Software Transfer Policy and the EULA or other applicable Software License Agreement delivered with the Software Product. 12.2. Removal of Covered Products from Maintenance. Either party may provide written notice to the other party at least sixty (60) calendar days prior to the end of any Coverage Period of its intent to remove any individual Covered Products from the Agreement for the renewal period. Neither party may remove Covered Products except upon Agreement renewal. Customer may not remove from the Agreement individual software licenses of a Covered Product for which Customer has multiple copies under Service at one site or for Covered Products that are being used interdependently at a single site, unless Customer has first certified to Intergraph on a “Software Relinquishment Agreement” that the copies of the Covered Product for which Customer desires to cease Services (the “Relinquished Licenses”) for the renewal Coverage Period have been uninstalled and removed from its system(s). Should Customer desire to reinstate Services for the Relinquished Licenses at a later date, Customer must re-purchase the licenses at the then current list price.13. PAYMENT 13.1. Terms of Payment. Charges for Services are due and payable annually and in advance. For Customers desiring to pay quarterly and in advance instead of annually and in advance, Customer must request a revised Quote which shall include a convenience fee increase of fifteen percent (15%) of the total annual charges, which convenience fee Customer agrees to pay. The convenience fee shall be prorated and charged to the four quarterly invoices. All charges are due net thirty (30) calendar days from the date of invoice or prior to the beginning of the applicable Coverage Period, whichever is earlier. Charges for Covered Products added during a Coverage Period shall be prorated to the remaining months of the Coverage Period, in whole month increments only, and such charges shall be due and payable in full upon receipt of invoice. 13.2 Past Due Accounts. INTERGRAPH RESERVES THE RIGHT TO REFUSE SERVICE TO ANY CUSTOMER WHOSE ACCOUNT IS PAST DUE. At the discretion of Intergraph, Customers who have not paid any charges when due (i) under this Agreement, (ii) under any other agreement between the parties, or (iii) under any agreement between Intergraph and Customer’s parent and/or subsidiary at least fifty percent (50%) owned by Customer, may not be rendered Services until all past due charges are paid in full. Additionally, Intergraph shall charge and Customer agrees to pay interest at the rate of two percent (2%) per month or the maximum amount allowed by law, whichever is less, for all amounts not received when due. The start of the Coverage Period shall not be postponed due to delayed payment of any charges. If Intergraph is required to use a collection agency or attorney to collect money owed by Customer, Customer agrees to pay the reasonable costs of collection. These collection costs include, but are not limited to, any collection agency’s fees, reasonable attorneys’ fees and court costs. 13.3 Customer’s Responsibilities Concerning Invoice Questions. Subject to applicable law, if Customer intends to dispute a charge or request a credit, Customer must contact Page 7 of 15
  • 47. Intergraph within ten (10) calendar days of the date on the invoice. Customer waives any right to dispute a charge or receive a credit for a charge or Services that Customer does not report within such period.14. CUSTOMER WARRANTIESDuring the Coverage Period, Customer shall commit to the following: 14.1. Subject to Section 12.2, Customer warrants that for all Covered Products supported under the Agreement, all licenses of a Covered Product for which Customer has multiple copies in its possession and that are located at the site referenced on the Quote, and all prerequisite licenses necessary to operate Covered Products, are listed on the Quote. If all like Covered Products or prerequisite software licenses are not listed on the Quote, Customer agrees to notify Intergraph so that Intergraph may issue a revised Quote to Customer. 14.2. Customer warrants that Services provided herein shall be utilized only for the quantity of Covered Products licenses listed on the Quote. 14.3. Customer shall, and Customer shall cause each of Customer’s employees and representatives to, comply with each and every term and condition of the EULA and/or SLA applicable to the Covered Products supported under the Agreement.15. INTELLECTUAL PROPERTY 15.1. Software License. Any Upgrades furnished hereunder shall remain the property of Intergraph, Intergraph’s Affiliate or applicable third party, and are licensed in accordance with the then current Intergraph EULA, EULA of Intergraph’s Affiliate or third party SLA, which shall supersede any EULA or SLA associated with prior releases of the Software Products or Third Party Software. Upon Customer’s request, Intergraph shall provide customer with such EULA or SLA. Upon Intergraph’s request, Customer agrees to execute a EULA or SLA, as applicable, for Covered Products provided without an included EULA or SLA. 15.2. Confidential Information. Intergraph and Customer each acknowledge that they may be furnished with, receive, or otherwise have access to information of or concerning the other party which such party considers to be confidential, proprietary, a trade secret or otherwise restricted. As used in this Agreement “Confidential Information” shall mean all information, which may include third party information, in any form, furnished or made available directly or indirectly by one party to the other that is marked confidential, restricted, proprietary, or with a similar designation. The terms and conditions, and existence, of this Agreement shall be deemed Confidential Information. Confidential Information also shall include, whether or not designated “Confidential Information” (i) all specifications, designs, documents, correspondence, software, documentation, data and other materials and work products produced by either Intergraph or its subcontractors, and (ii) with respect to either party, all information concerning the operations, financial affairs and businesses, and relations with its employees and service providers. Each partys Confidential Information shall remain the property of that party or relevant third party except as expressly provided otherwise by the other provisions of this Agreement. Customer and Intergraph shall each use at least the same degree of care, but in any event no less than a reasonable degree of care, to prevent disclosing to third parties Page 8 of 15
  • 48. the Confidential Information of the other as it employs to avoid unauthorized disclosure, publication or dissemination of its own information of a similar nature. The parties shall take reasonable steps to ensure that their respective employees comply with these confidentiality provisions. This Section shall not apply to any particular information which either party can demonstrate (i) was, at the time of disclosure to it, generally publicly available; (ii) after disclosure to it, is published or otherwise becomes generally publicly available through no fault of the receiving party; (iii) was in the possession of the receiving party at the time of disclosure to it without restriction on disclosure; (iv) was received after disclosure to it from a third party who had a lawful right to disclose such information to it without any obligation to restrict its further use or disclosure; or (v) was independently developed by the receiving party without reference to Confidential Information of the disclosing party. In addition, a party shall not be considered to have breached its obligations by disclosing Confidential Information of the other party as required to satisfy any legal requirement of a competent government body provided that, immediately upon receiving any such request and to the extent that it may legally do so, such party advises the other party promptly and prior to making such disclosure in order that the other party may interpose an objection to such disclosure, take action to assure confidential handling of the Confidential Information, or take such other action as it deems appropriate to protect the Confidential Information.16. LIMITED WARRANTIES; WARRANTY DISCLAIMERS 16.1. Limited Warranties. 16.1.1. Intergraph Services Warranty. Intergraph warrants for a period of thirty (30) days from the date of Services that the Services provided pursuant to this Agreement, in the form of a defect correction and/or maintenance services, will be performed with reasonable skill and care in accordance with the requirements set forth herein, provided the Covered Products for which the Services are provided are used under normal conditions and in strict accordance with the terms and conditions herein. Customer agrees to promptly notify Intergraph of any unauthorized use, repair, or modification, or misuse, as well as suspected defects in any Services provided pursuant to this Agreement. 16.1.2. Intergraph Software Warranty. Intergraph warrants for a period of thirty (30) days from the date of shipment of any Software Product that, under normal use, software delivery media shall be free from defect in material or workmanship. Additional warranties for Software Products may be provided in the applicable Intergraph Terms and Conditions for Sale or other agreement between the parties governing the delivery of Software Products. 16.1.3. Pass-Through Third Party Warranties. Third Party Software is only warranted pursuant to a pass-through warranty to Customer from the applicable Third Party Software manufacturer and only to the extent warranted by the applicable Third Party Software manufacturer. 16.1.4. NO OTHER WARRANTIES. THE ABOVE LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND REPRESENT THE FULL AND TOTAL OBLIGATION AND/OR LIABILITY OF INTERGRAPH. THE LIMITED WARRANTIES PROVIDE CUSTOMER WITH SPECIFIC LEGAL RIGHTS. CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY JURISDICTION TO JURISDICTION. IF A GREATER WARRANTY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, THEN INTERGRAPH WARRANTS Page 9 of 15
  • 49. THE SERVICES OR COVERED PRODUCTS TO THE MINIMUM EXTENT REQUIRED BY SAID LAW. 16.2. Remedies. In the event a warranted Service, Covered Product, or Update provided pursuant to this Agreement does not substantially comply with the limited warranties set forth in the Agreement, Intergraph’s entire liability and Customer’s exclusive remedy shall be, in Intergraph’s sole and absolute discretion, either (i) providing of a Service, Covered Product, or Update which conforms substantially with the warranty; or (ii) a refund of the purchase price of the particular warranted Service, Covered Product, or Update for the period of time that the warranted Service, Covered Product, or Update did not substantially conform to the limited warranties set forth in this Agreement. Intergraph is acting on behalf of its suppliers for the sole purpose of disclaiming, excluding and/or limiting obligations and liability as provided in this Agreement, but in no other respects and for no other purpose. 16.3. WARRANTY DISCLAIMERS. ANY WARRANTIES HEREUNDER ARE VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN UNAUTHORIZED MODIFICATION OF A WARRANTED ITEM; AN UNAUTHORIZED ATTEMPT TO REPAIR A WARRANTED ITEM; OR MISUSE OF A WARRANTED ITEM, INCLUDING WITHOUT LIMITATION, USE OF WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR WITHOUT ROUTINELY MAINTAINING A WARRANTED ITEM. CUSTOMER SHALL PROMPTLY NOTIFY INTERGRAPH OF ANY SUSPECTED DEFECTS IN COVERED PRODUCTS DELIVERY MEDIA. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERGRAPH AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES, COVERED PRODUCTS, AND UPDATES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INTERGRAPH DOES NOT WARRANT THAT ANY SERVICES, COVERED PRODUCTS, AND UPDATES PROVIDED PURSUANT TO THIS AGREEMENT WILL MEET CUSTOMER’S REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES INTERGRAPH WARRANT THAT ANY SERVICES, COVERED PRODUCTS, AND UPDATES WILL OPERATE UNINTERRUPTED OR ERROR FREE. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES IS RULED INVALID, THEN INTERGRAPH DISCLAIMS EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.17. LIMITATION OF LIABILITYTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALLINTERGRAPH OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL,CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION,DAMAGES FOR LOSS OF USE OR PRODUCTION, LOSS OF REVENUE OR PROFIT, LOSS OFDATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, CLAIMS OF THIRDPARTIES OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THIS AGREEMENT, EVEN IFINTERGRAPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.INTERGRAPH’S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THISAGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER TOINTERGRAPH DURING THE PAST TWELVE MONTHS UNDER THIS AGREEMENT AS OF THEDATE THE EVENT GIVING RISE TO THE CLAIM OCCURS. EXCEPT AS OTHERWISEPROVIDED BY APPLICABLE LAW, NO CLAIM, REGARDLESS OF FORM, ARISING OUT OF ORIN CONNECTION WITH THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN Page 10 of 15
  • 50. TWO (2) YEARS FOLLOWING THE INITIAL EVENT GIVING RISE TO THE CAUSE OF ACTION.BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OFLIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. IF ANY PART OF THISSECTION IS HELD INVALID, THEN INTERGRAPH LIMITS ITS LIABILITY TO THE MAXIMUMEXTENT ALLOWED BY APPLICABLE LAW.18. TERMINATIONThis Agreement may only be terminated prior to its expiration in the following ways: 18.1. Either party petitions for reorganization under the Bankruptcy Act or is adjudicated as bankrupt, or a receiver is appointed for the other party’s business. 18.2. Customer fails to pay Intergraph any amount when due (i) under this Agreement; or (ii) under any other agreement between the parties. 18.3. Customer’s license to the Covered Products for which Customer has purchased Services is terminated.19. RESTRICTIONS 19.1. Non-Solicitation of Employees. Customer agrees that it will not, without the prior written consent of Intergraph, solicit or hire any Intergraph employee, or induce such employee to leave Intergraph’s employment, directly or indirectly, during the term of this Agreement and for a period of twelve (12) months after the Agreement expires or is terminated. Customer agrees that a breach of this provision would cause actual and substantial damages to Intergraph such that it would be very difficult to calculate actual damages. Accordingly, any such breach will entitle Intergraph to recover liquidated damages from Customer in the amount equal to one (1) year of the affected employee’s annual salary plus benefits for each such breach, as well as expenses, costs, and reasonable attorneys’ fees incurred by Intergraph in seeking enforcement of this Agreement. Customer agrees that the foregoing amount is intended to be, and in fact is, a reasonable estimate of the actual damages that would be incurred by Intergraph if Customer were to breach this provision, and that this amount is not intended to be, and in fact is not, a penalty. In addition, Intergraph shall be entitled to equitable or injunctive relief to prevent further breaches. For purposes of this Section, the term “employee” means employees of Intergraph and/or any Intergraph subsidiary and/or any of Intergraph’s subcontractors who directly support Customer. 19.2. United States Government Restricted Rights. If a Covered Product (including any Updates, documentation or technical data related to such Covered Products) is licensed, purchased, subscribed to or obtained, directly or indirectly, by or on behalf of a unit or agency of the United States Government, then this Section also applies. 19.2.1. For civilian agencies: The Covered Product was developed at private expense and is “restricted computer software” submitted with restricted rights in accordance with the Federal Acquisition Regulations (“FAR”) 52.227-19 (a) through (d) (Commercial Computer Software – Restricted Rights). 19.2.2. For units of the Department of Defense (“DoD”): The Covered Product was developed at private expense and is “commercial computer software” submitted with restricted rights in accordance with the Defense Federal Acquisition Regulations Page 11 of 15
  • 51. (“DFARS”) DFARS 227.7202-3 (Rights in commercial computer software or commercial computer software documentation). 19.2.3. Notice: The Covered Product is “commercial computer software” as defined in DFARS 252.227-7014 (Rights in Noncommercial Computer Software) and FAR 12.212 (Computer Software), which includes “technical data” as defined in DFARS 252.227- 7015 (Technical Data) and FAR 12.211 (Technical Data). All use, modification, reproduction, release, performance, display or disclosure of this “commercial computer software” shall be in strict accordance with the manufacturer’s standard commercial license, which is attached to and incorporated into the governing Government contract. Intergraph and any applicable Third Party Software manufacturers are the manufacturers. This Covered Product is unpublished and all rights are reserved under the Copyright Laws of the United States. 19.3. Export Restrictions. All Software Products and all Third Party Software (including any Updates, documentation or technical data related to such software products) licensed, purchased, subscribed to or obtained, directly or indirectly, from Intergraph, its subsidiaries or distributors (collectively, “Export Controlled Products”) are subject to the export control laws and regulations of the United States. Diversion contrary to United States law is prohibited. The Export Controlled Products, and the direct product thereof, shall not be exported or re-exported, directly or indirectly (including via remote access), under the following circumstances: 19.3.1. To Cuba, Iran, North Korea, Sudan, or Syria, or any national of these countries. 19.3.2. To any person or entity listed on any United States government denial list, including but not limited to, the United States Department of Commerce Denied Persons, Entities, and Unverified Lists (www.bis.doc.gov/complianceandenforcement/liststocheck.htm), the U.S. Department of Treasury Specially Designated Nationals List (www.treas.gov/offices/enforcement/ofac/), and the U.S. Department of State Debarred List (http://www.pmddtc.state.gov/compliance/debar.html). 19.3.3. To any entity if Customer knows, or has reason to know, the end use of the Export Controlled Product is related to the design, development, production, or use of missiles, chemical, biological, or nuclear weapons, or other unsafeguarded or sensitive nuclear uses. 19.3.4. To any entity if Customer knows, or has reason to know, that an illegal reshipment will take place. Any questions regarding export or re-export of an Export Controlled Product should be addressed to Intergraph Corporation’s Export Compliance Department, 19 Interpro Road, Madison, Alabama, United States 35758 or at exportcompliance@intergraph.com.20. TAXESAll charges under this Agreement are exclusive of each and every country’s federal, provincial, state,municipal, or other governmental, withholding, excise, sales, use, value added or other taxes, tariffs,custom duties and importing fees (“Taxes”). Customer shall be liable for, and shall indemnify andhold Intergraph harmless from and against, any and all Taxes. Taxes shall expressly exclude anyfederal, state, municipal, or other governmental income taxes, franchise taxes, business license feesand other like taxes measured by Intergraph’s income, capital and/or assets. The total invoiceamount for charges under this Agreement is subject to increase by the amount of any Taxes whichIntergraph is required to withhold, collect, or pay regarding the transactions under this Agreement so Page 12 of 15
  • 52. that Intergraph receives the full amount of the charges on Intergraph’s invoices. Any certificate toexempt the Agreement from tax liability or other documentary evidence of statutory exemption shallbe obtained by Customer at Customer’s expense.21. GENERAL 21.1. Third Party Providers. Intergraph reserves the right to provide Services through a third party provider. 21.2. Entire Agreement. The Agreement constitutes the entire agreement between the parties relating to the subject matter hereof. The Agreement supersedes any and all prior discussions and/or representations, whether written or oral, relating to the subject matter of the Agreement and no reference to prior dealings may be used to in any way modify the expressed understandings of the Agreement. Intergraph does not accept any contradictory or additional terms and conditions, even by accepting a purchase order referencing different terms and conditions. The Agreement may be amended only by a written instrument signed by authorized representatives of both parties, and cannot be amended by subsequent purchase order or writing received from Customer without the express written consent of Intergraph. Any reproduction of the Agreement made by reliable means (for example, photocopy or facsimile) will be deemed an original. 21.3. Order of Precedence. In the event of a conflict between the documents that form the Agreement, the order of precedence will be as follows: (i) any addenda executed by Intergraph and Customer, with the latest addendum taking precedence over any earlier addenda; (ii) the Quote; and (iii) these Terms and Conditions. 21.4. Severability. Whenever possible, each provision of the Agreement shall be interpreted in such a manner as to be effective and valid under the applicable law. However, if any provision of the Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of the Agreement. 21.5. Headings. The various headings in these Terms and Conditions are inserted for convenience only and shall not affect the meaning or interpretation of these Terms and Conditions or any section or provision of these Terms and Conditions. 21.6. No Waiver. Any failure by either party to enforce performance of the Agreement shall not constitute a waiver of, or affect said party’s right to avail itself of, such remedies as it may have for any subsequent breach of the terms of the Agreement. 21.7 Notices. Any notice or other communication (“Notice”) required or permitted under the Agreement shall be in writing and either delivered personally or sent by overnight delivery, express mail, or certified or registered mail, postage prepaid, return receipt requested. A Notice delivered personally shall be deemed given only if acknowledged in writing by the person to whom it is given. A Notice sent by overnight delivery or express mail shall be deemed given twenty-four (24) hours after having been sent. A Notice that is sent by certified mail or registered mail shall be deemed given forty-eight (48) hours after it is mailed. If any time period in this Agreement commences upon the delivery of Notice to any one or more parties, the time period shall commence only when all of the required Notices have been deemed given. Intergraph’s address for Notices is Intergraph Corporation, 19 Interpro Road, Madison, Alabama 35758, Attn: SG&I Contracts, M/S IW17A1. Page 13 of 15
  • 53. 21.8 Assignment. Neither party shall have the right to assign any of its rights nor delegate any of its obligations under this Agreement without the prior written consent of the other party, except that Intergraph may assign its rights and obligations under this Agreement, without Customer’s approval, to (i) an entity which acquires all or substantially all of the assets of Intergraph or the Intergraph division providing a product or service under this Agreement; (ii) an entity which acquires all or substantially all of the Software Products or product line assets subject to this Agreement; or (iii) any subsidiary, affiliate or successor in a merger or acquisition of Intergraph. Any attempt by Customer to sublicense, assign or transfer any of Customer’s rights or obligations under this Agreement, except as expressly provided in this Agreement, is void.21.9 Force Majeure. Except for payment obligations under the Agreement, neither party shall be liable for any failure to perform or observe any of its obligations under this Agreement for as long as and to the extent that such performance is prevented or hindered by any circumstances beyond its reasonable control. By way of example, and not limitation, such causes may include acts of God or public enemies; labor disputes; acts of local, state, or national governments or public agencies; utility or communications failure; fire; flood; epidemics; riots; or strikes. The time for performance of any right or obligation delayed by such events will be postponed for a period equal to the delay. If, however, a party is subject to a force majeure that endures for more than sixty (60) calendar days, the other party has a right to terminate the Agreement upon providing thirty (30) calendar days prior written notice to the party subject to the force majeure.21.10 Governing Law. This Agreement shall for all purposes be construed and enforced under and in accordance with the laws of the State of Alabama and shall be deemed to have been accepted in Madison, Alabama, United States. The parties agree that any legal action or proceeding relating to this Agreement shall be instituted in the Circuit Court for Madison County, Alabama, or the United States District Court for the Northern District of Alabama, Northeastern Division. The parties agree to submit to the jurisdiction of and agree that venue is proper in these courts in any such legal action or proceedings. This Agreement shall not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.21.11 Waiver of Jury Trial. Intergraph and Customer each hereby waive, to the fullest extent permitted by applicable law, any right either may have to a trial by jury for any legal proceeding arising, directly or indirectly, out of or relating to this Agreement.21.12 Injunctive Relief; Cumulative Remedies. Customer acknowledges and agrees that a breach of the Agreement by Customer could cause irreparable harm to Intergraph for which monetary damages may be difficult to ascertain or may be an inadequate remedy. Customer agrees that Intergraph will have the right, in addition to its other rights and remedies, to seek and obtain injunctive relief for any breach of the Agreement by Customer, and Customer expressly waives any objection that Intergraph has or may have an adequate remedy at law with respect to any such breach. The rights and remedies set forth in this Agreement are cumulative and concurrent and may be pursued separately, successively or together.21.13 Attorneys’ Fees and Costs. In the event of any legal proceeding arising out of or relating to this Agreement, the prevailing party in such action shall be entitled to an award of its reasonable attorneys’ fees and costs for all such legal proceedings, including for trial and all levels of appeal. Page 14 of 15
  • 54. 21.14 Governing Language. The controlling language of this Agreement is English. If Customer has received a translation into another language, it has been provided for Customer’s convenience only.21.15 Survival. The provisions of the Agreement which require or contemplate performance after the expiration or termination of the Agreement shall be enforceable notwithstanding said expiration or termination. SGI-092410b Page 15 of 15
  • 55. AN ORDINANCE AMENDING ORDINANCE NUMBER 2011-09-116 ADOPTED ON OCTOBER 18, 2011, THAT PROVIDES FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING ALLEY, TO WIT: a 20’ x 330’ alley right-of- way extending from North Archer Street to North Bell Street in Block 50 of the Fairview Addition, running parallel to and south of East Houston Harte Expressway in northeastern San Angelo; AUTHORIZES THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDES FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDES FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS; BY REPEALING AND RESTATING PARAGRAPH NUMBERED 4 THEREIN WHICH PROVIDES FOR RESERVATION OF AN EASEMENT FOR SEWER UTILITY.RE: abandonment of a public right-of-way being one block of an alley in Block 50 of the Fairview Addition, extending from North Archer Street to North Bell Street.WHEREAS, the City Council of the City of San Angelo, Texas, acting pursuant to law, by andthrough ordinance 2011-09-116, adopted October 18, 2011, deemed it advisable to abandonand convey the hereinafter described tract of land to the abutting property owners and is of theopinion that said land is not needed for public use, and that same should be abandoned andquit claimed to the abutting property owners as hereinafter provided; andWHEREAS, paragraph numbered 4 therein authorizes the Mayor of the City of San Angelo toexecute and deliver a quit claim deed conveying the above-described tract to the abuttingproperty owners; and further provides for reservation of an easement for sewer utility, when infact there is no sewer utility within the tract to be conveyed; and,WHEREAS, the City Council of the City of San Angelo, Texas is of the opinion that the bestinterest and welfare of the public will be served by abandoning and conveying same to theabutting property owner(s) without reservation of an easement for sewer utility, there being nosewer utility in the tract to be conveyed; NOW, THEREFORE,BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF SAN ANGELO:Section 1 That paragraph number 4 of Ordinance Number 2011-09-116, adopted on the 18th day of October, 2011, is hereby amended by repealing paragraph number 4 therein and restating paragraph number 4 in its entirety to read as follows: “4. That the Mayor of the City of San Angelo is hereby authorized to execute and deliver a quit claim deed conveying the above-described tract to the abutting property owners; and, said deed shall furthermore conform to all other conditions and restrictions herein set out.”
  • 56. Section 2 That all provisions of ordinance 2011-09-116, not herein amended shall remain in full force and effect.INTRODUCED on the 15th day of November, 2011 and finally PASSED, APPROVED ANDADOPTED ON this the 6th day of December, 2011. THE CITY OF SAN ANGELO, TEXAS Alvin New, MayorAttest:Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:A.J. Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 57. November 15, 2011 City Council members Jeff Hintz, Planner Renaming of River Drive extending from 19th Street to Irving Street. On December 1, 1992, the City Council adopted an ordinance renaming street segments known as West Park and North Park Drives, to the current names of West River and North River Drives. On October 18, 2011, Tim Vasquez of the TGC All Veterans Council requested that City Council consider renaming River Drive to Veterans Memorial Drive. Councilmember Farmer offered to sponsor the request on behalf of the group. On November 1, 2011, Councilmember Farmer requested this item and City Engineer Clinton Bailey presented background information. The City Council voted unanimously to direct staff to begin the street name change procedure, to change the entirety of River Drive to Veterans Memorial Drive. On November 3, 2011, Planning Staff mailed out notifications to all property owners with frontage on River Drive; 10 owners in total. Staff will present a formal ordinance to make this change complete, which will require two readings. The City Council may:1. Approve the proposed street name change; or2. Deny the proposed street name change and make an alternative motion; or
  • 58. 3. Deny the proposed street name change. City staff recommends approving the proposed streetname change.
  • 59. AN ORDINANCE CHANGING THE NAME OF RIVER DRIVE, EXTENDING FROM ITS INTERSECTION WITH 14TH STREET ON THE WEST TO ITS INTERSECTION WITH IRVING STREET ON THE EAST, FROM “RIVER DRIVE” TO “VETERANS MEMORIAL DRIVE”; AND, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The City Council of the City of San Angelo desires to honor our Veterans of Warsfor their significant service and self-sacrifice to the United States of America and our community; and, WHEREAS, throughout the world, across this great country, and within our communityAmericans pause on Veterans’ Day to honor our brave fighting men and women; and, WHEREAS, We recognize that all our Veterans have given something of themselves to thiscountry – and some have given all - laying down their lives to defend the freedoms we hold so dear; and, WHEREAS, renaming “River Drive” to “Veterans Memorial Drive”, extending from itsintersection with 14th Street to the West to its intersection with Irving Street on the East, would honor ourVeterans of Wars; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: Section 1. That River Drive, extending from its intersection with 14th Street on the West toits intersection with Irving Street on the East, be re-named and is hereby named: “Veterans MemorialDrive”. Section 2. That this ordinance shall become effective from and after the date of its adoption.INTRODUCED on the 15th day of November, 2011 and finally PASSED, APPROVED AND ADOPTEDon this 6th day of December, 2011. THE CITY OF SAN ANGELO Alvin New, MayorATTESTAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMA.J. Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 60. City of San AngeloMemo Meeting Date: November 15, 2011 To: City Council members From: Jeff Hintz, Planner Subject: Renaming of 50th Street extending from Grape Creek Road to Covington Road. Background: On September 20, 2011, Councilmember Morrison requested this item and City Engineer Clinton Bailey presented background information. There was extensive discussion regarding what the name should be, and no action was taken at that time. On October 18, 2011, the City Council voted unanimously to direct staff to begin the street name change procedure, to change the entirety of 50th Street to Lake View Heroes Drive. On November 3, 2011, Planning Staff mailed out notifications to all property owners with frontage on 50th Street; 55 owners in total. Staff will present a formal ordinance to make this change complete, which will require two readings. Summary: The City Council may: 1. Approve the proposed street name change; or 2. Deny the proposed street name change and make an alternative motion; or 3. Deny the proposed street name change. Recommendation: City staff recommends approving the proposed street name change. Attachment: DRAFT Ordinance
  • 61. AN ORDINANCE CHANGING THE NAME OF 50TH STREET, EXTENDING FROM ITS INTERSECTION WITH GRAPE CREEK ROAD ON THE WEST TO ITS INTERSECTION WITH ARMSTRONG STREET ON THE EAST, FROM “50TH STREET” TO “LAKE VIEW HEROES DRIVE”; AND, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Lake View Subdivision is one of the oldest subdivisions in the City of San Angelo;and, WHEREAS, Lake View High School has celebrated its centennial and has historically shared thecommitment of the San Angelo community to high student achievement and excellence; and, WHEREAS, many residents and former residents of Lake View Subdivision are graduates ofLake View High School and are Veterans of Wars; WHEREAS, the City Council of the City of San Angelo desires to recognize the contributions toour community of the residents and former residents of Lake View Subdivision and of Lake View HighSchool; and, WHEREAS, the City Council of the City of San Angelo desires to honor our Veterans of Warsfor their significant service and self-sacrifice to the United States of America and our community; and, WHEREAS, 50th Street, from its intersection with Grape Creek Road on the West to itsintersection with Covington Road on the East traverses that part of the City of San Angelo known as LakeView, and renaming that segment of 50th Street from “50th Street” to “Lake View Hero’s Drive” wouldcommemorate the Lake View Subdivision and Lake View High School, and honor our Veterans of Wars; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: Section 1. That 50th Street, from its intersection with Grape Creek Road on the West to itsintersection with Armstrong Street on the East, be re-named and is hereby named: “Lake View HeroesDrive”. Section 2. That this ordinance shall become effective from and after the date of its adoption. INTRODUCED on the 15th day of November, 2011 and finally PASSED, APPROVED ANDADOPTED on this 16th day of December, 2011. THE CITY OF SAN ANGELO Alvin New, MayorATTESTAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMA.J. Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 62. MEMORANDUMDate: November 4, 2011To: Mayor and CouncilmembersFrom: Luis Elguezabal, A.A.E., Airport DirectorSubject: Consideration for 12-06-11 meetingContact: Luis Elguezabal, A.A.E., Airport, 325-659-6409 or Extension 1010Caption: CONSIDERATION OF AUTHORIZING CITY MANAGER OR HIS DESIGNEE TO AWARD BID No. AP-04-11, AND AUTHORIZE ALL RELATED DOCUMENTS, IN THE AMOUNT OF $5,925,715 TO TEMPLETON CONSTRUCTION, L.P. FOR THE TERMINAL RECONSTRUCTION AT SAN ANGELO REGIONAL AIRPORT.History: Staff submitted a Request for Qualifications RFQ No. AP-1-10 Architectural & Engineering Services, in November 2009. KSA Engineers was selected and an Agreement was entered by City Council on May 4, 2010. The selection process met the standards and guidelines of the Federal Aviation Administration (FAA) Advisory Circular 150/5100-14 – Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. On December 7, 2010, City Council approved KSA Task Order No. 12 which provided for the preparation and technical specifications for the terminal building rehabilitation.Summary: Four companies bid for this construction project. The low bid is from Templeton Construction, L.P. who has done previous work at the San Angelo Regional Airport including the construction of the new concourse. Based upon previous project experience, Templeton Construction L.P. is capable of completing the work at the San Angelo Regional Airport. Based upon recent discussions with the FAA it is recommended that the project be awarded to Templeton Construction L.P. for the total base bid plus additive alternate No’s: 2, 3, 4, 5, and 7 for a total contract amount of $5,925,715. Additive alternate no. 2 is for a vending area modification on the concourse level. Additive alternate no. 3 is for the removal of a grease interceptor in room A137. Additive alternate no. 4 is for LED lighting associated with the entry monument sign. Additive alternate no. 5 is for a new bag claim device if it is determined to be necessary during construction. Additive alternate no. 7 is for the installation of a new security and public address system. The entire project is expected to last 18 months.Financial Impact: The Federal Aviation Administration (FAA) will pay $5,154,430. The City is obligated to pay $371,286 which will come from Passenger Facility Charges (PFC’s), and COSADC has obligated $500,000 towards the project’s non-federal eligible costs.Related Vision Item: Adequately maintain infrastructure • TransportationOther Information/Recommendation: Staff recommends approval.Attachments: Memorandum - Terminal Renovation Financing Bid Tabulation Project Agreement FormPresentation: NonePublication: NoneReviewed by Director: Luis Elguezabal, A.A.E., Airport
  • 63. SAN ANGELO REGIONAL AIRPORT TERMINAL RENOVATOINS PROJECT AGREEMENT FAA PROJECT NUMBER FAA AIP N0. 3-48-0191-031-2010 This Agreement is entered into this ___ day of ____________, 2011, by and between theCity of San Angelo, a Texas home-rule municipal corporation, (“City”) and TempletonConstruction Co, a domestic for-profit corporation whose address is 521 West Beauregard, SanAngelo, (“Contractor”). RECITALS A. The City has issued a Request for Bids for No. AP-04-11, San Angelo RegionalAirport Terminal Renovations/FAA Project Number FAA AIP No. 3-48-0191-031-2010 (“RFBNo. AP-04-11”) at San Angelo, Texas (“Proposal”), for a terminal renovation project to renovatethe existing terminal building at San Angelo Regional Airport (“Work”); and Contractor’s bid, inresponse thereto, has been selected as the most qualified proposal for the provision of the Work. B. On _______________, 2011, the City Council of the City of San Angelo,approved the selection of Contractor and authorized the City Manager to execute an agreement(“Agreement”), under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises hereincontained, Contractor and the City agree as follows:
  • 64. TERMS1. RECITALS: The recitals are true and correct and are herby incorporated intoand made a part of this Agreement.2. SCOPE OF WORK: A. Contractor agrees to perform all of the Work and furnish all of the material,supplies, tools, equipment, labor and other services necessary for the construction andcompletion of the Work described in RFB No. AP-04-11 for the terminal renovation projectconsisting of renovations of the existing the San Angelo Regional Airport terminal building,including demolition, new square footage construction, electrical, mechanical, plumbing,security system, civil, and baggage system improvements as directed by the City, and completeall the Work as specifically described and indicated, and under the special terms and conditionsset forth in the Contract Documents described under Section 7 of this Agreement and which bythis reference are incorporated as if fully set out herein. B. Contractor acknowledges that all of the provisions in RFB No. AP-04-11, Section5, Federal Provisions are required by federal law for projects using FAA funding sources andthat project which is the subject of this Agreement is funded by FAA funding sources.Contractor agrees that compliance with each of the provisions under Section 5 of RFB No. AP-04-11 is required by all participants in the project and agrees that failure to comply by Contractoror agents, employees or subcontractors of Contractor or to perform and complete all Workrequired under this Contract in accordance with all applicable FAA and federal laws, regulationsand provisions and requirements constitutes a material breach of the terms of the ContractDocuments subject to all remedies authorized herein or under law. 2
  • 65. C. Contractor represents and warrants to City that: (i) it possesses all qualifications,licenses and expertise required under the Bid proposal for the performance of the Work; (ii) it isnot delinquent in the payment of any sums due City, including payment of permit fees,occupational licenses, etc., nor in the Work of any obligations to City; (iii) all personnelassigned to perform the Services are and shall be, at all times during the term hereof, fullyqualified and trained to perform the tasks assigned to each; and (iv) the Work will be performedin the manner described in the Contract Documents.3. TIME OF PERFORMANCE: Contractor agrees to substantially complete theWork within five hundred forty (540) consecutive calendar days (“Contract Time”) after the datethe Work commences as established by the Notice to Proceed. Contractor further agrees thatapproval for beginning Work on the project will not be given and that Work will not start untilall required bonds and insurance certificates specified in the bid documents have been receivedand approved by the City.4. LIQUIDATED DAMAGES: City and Contractor recognize that the time ofperformance is of the essence in this Agreement and that City will suffer financial loss if theWork is not substantially complete within the time specified in Section 3 above, plus anyextensions thereof allowed. Both parties hereto also recognize the delays, expense, anddifficulties involved in proving in a legal proceeding the actual loss suffered by City if the Workis not substantially complete on time. Accordingly, instead of requiring such proof, City andContractor agree that a reasonable estimate of liquidated damages for any delay (but not as apenalty) would be for Contractor to pay City One Thousand Five Hundred Dollars ($1,500.00) 3
  • 66. for each calendar day that expires after the time specified in Section 3 until the Work issubstantially complete. Therefore, Contractor shall pay as liquidated damages One ThousandFive Hundred Dollars ($1,500.00) for each calendar day that expires after the time specified inSection 3 until the Work is substantially complete.5. CONTRACT PRICE: City shall pay to Contractor for performance of the Workembraced in this Agreement, and Contractor shall accept as full compensation therefore, the BidPrice of and Five Million, Nine Hundred Twenty-five Thousand, Seven Hundred Fifteen and00/100 Dollars ($5,925,715.00) subject to adjustment only as provided by approved changeorder, for all Work covered by and included in the Contract award; payment thereof to be madein current funds in the manner provided in paragraph 2 below.6. PAYMENT PROCEDURES: A. Contractor shall submit Applications for Payment in accordance with the GeneralConditions as shown in RFB No. AP-04-11 and City shall process the Applications for Paymentin accordance with the General Conditions, except that progress payments and the final paymentunder this Agreement shall be made as set as follows: 1) Progress Payments. City shall make progress payments of the Contract Price on the basis of Contractor’s applications for payment on or about the thirtieth (30th) day after submittal of the application for payment each month in accordance in Chapter 2251, Texas Government Code, and as provided below. All progress payments shall be based upon the progress of the Work, measured as provided for in the General Conditions. 4
  • 67. a) The Contractor shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Partial payment retainage shall not exceed five percent (5%) of the total bid price. Upon approval of the value by the City, it shall be incorporated into the form of a Partial Payment Estimate furnished by the Contractor. b) If payment is requested by the Contractor on the basis of materials on hand, not in place, but delivered and suitable stored at the site or at another location agreed to in writing, the Partial Payment Estimate shall also be accompanied by such supporting data, satisfactory to City, as well establish its interest therein, including applicable insurance. Payment for material on hand but not installed will not constitute acceptance of material an inspected and approved for installation. c) Upon substantial completion as described in the General Conditions, City shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price, less such amounts, if any, City determines should be deducted in accordance with the General Conditions. 2) Final Payment. Upon completion and acceptance of the Work by City in accordance with the General Conditions, City shall pay the remainder of the Contract Price7. CONTRACT DOCUMENTS: The following documents from the City of San Angelo are incorporated herein by reference for all purposes, as if fully set out verbatim: 5
  • 68. Request for Bid No. AP-04-11 for the San Angelo Regional Airport Terminal Renovations/FAA Project Number FAA AIP No. 3-48-0191-031-2010 (“RFB No. AP- 04-11”) All of the documents, conditions, specifications, technical data, drawings, requirements and addenda comprising said Bid Invitation number as of the time this Agreement is entered by Contractor and City.8. ADDITIONAL CONTRACTOR’S REPRESENTATIONS: A. In order to induce City to enter into this Agreement, Contractor makes thefollowing representations to City: 1) Contractor has familiarized itself with the nature and extent of the Contract Documents, Work, and with all local conditions and federal, state and local laws. 2) Contractor has made, or caused to be made, examinations and investigations of information as it deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations or similar data are, or will be required by Contractor for such purposes. 3) Contractor has given City advanced written notice of all conflicts, errors, or discrepancies that it has discovered in the Contract Documents prior to bidding and the written resolution thereof by City is acceptable to Contractor. 4) Contractor is skilled and experienced to responsibly perform the type of Work described in the Contract Documents in a timely manner. 6
  • 69. 9. OWNERSHIP OF DOCUMENTS: Contractor understands and agrees that anyinformation, document, report or any other material whatsoever which is given by City toContractor or which is otherwise obtained or prepared by Contractor pursuant to or under theterms of this Agreement is and shall at all times remain the property of City. Contractor agreesnot to use any such information, document, report or material for any other purpose whatsoeverwithout the written consent of City, which may be withheld or conditioned by City in its solediscretion.10. AUDIT AND INSPECTION RIGHTS: A. City may, at reasonable times, and for a period of up to three (3) years followingthe date of final payment by City to Contractor under this Agreement, audit, or cause to beaudited, those books and records of Contractor which are related to Contractor’s performanceunder this Agreement. Contractor agrees to maintain all such books and records at its principalplace of business for a period of three (3) years after final payment is made under thisAgreement. B. City may, at reasonable times during the term hereof, inspect Contractor’sfacilities and perform such tests, as City deems reasonably necessary, to determine whether thegoods or services required to be provided by Contractor under this Agreement conform to theterms hereof and/or the terms of the Solicitation Documents, if applicable. Contractor shallmake available to City all reasonable facilities and assistance to facilitate the performance oftests or inspections by City representatives. All tests and inspections shall be subject to, andmade in accordance with the methods prescribed by the American Society for Testing andMaterials or such other applicable organization. 7
  • 70. 11. AWARD OF CONTRACT: Contractor represents and warrants to City that it has notemployed or retained any person or company employed by City to solicit or secure thisAgreement and that it has not offered to pay, paid, or agreed to pay any person any fee, Council,percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the awardof this Agreement.12. PUBLIC RECORDS: Contractor understands that the public shall have access, atall reasonable times, to all documents and information pertaining to City agreements, subject tothe provisions of Chapter 552, Texas Government Code, and agrees to allow access by City andthe public to all documents subject to disclosure under applicable law. Contractor’s failure orrefusal to comply with the provisions of this section shall result in the immediate cancellation ofthis Agreement by City.13. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Contractorunderstands that agreements between private entities and local governments are subject to certainlaws and regulations, including laws pertaining to public records, conflict of interest, recordkeeping, etc. City and Contractor agree to comply with and observe all applicable laws, codesand ordinances as they may be amended from time to time.14. INDEMNIFICATION: Contractor shall indemnify, defend and hold harmless Cityand its officials, employees and agents (collectively referred to as “Indemnitees”) and each ofthem from and against all loss, costs, penalties, fines, damages, claims, expenses (including 8
  • 71. attorney’s fees) or liabilities (collectively referred to as “Liabilities”) by reason of any injury toor death of any person or damage to or destruction or loss of any property arising out of,resulting from, or in connection with (i) the performance or non-performance of the servicescontemplated by this Agreement which is or is alleged to be directly or indirectly caused, inwhole or in part, by any act, omission, default or negligence (whether active or passive) ofContractor or its employees, agents or subcontractors (collectively referred to as “Contractor”),regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrentor contributing) by any act, omission, default or negligence (whether active or passive) of theIndemnitees, or any of them or (ii) the failure of the Contractor to comply with any of theparagraphs herein or the failure of the Contractor to conform to statutes, ordinances, or otherregulations or requirements of any governmental authority, federal or state, in connection withthe performance of this Agreement. Contractor expressly agrees to indemnify and hold harmlessthe Indemnitees, or any of them, from and against all liabilities which may be asserted by anemployee or former employee of Contractor, or any of its subcontractors, as provided above, forwhich the Contractor’s liability to such employee or former employee would otherwise belimited to payments under state Workers’ Compensation or similar laws.15. DEFAULT: If Contractor fails to comply with any term or condition of thisAgreement, or fails to perform any of its obligations hereunder, then Contractor shall be indefault. Upon the occurrence of a default hereunder City, in addition to all remedies available toit by law, may immediately, upon written notice to Contractor, terminate this Agreementwhereupon all payments, advances, or other compensation paid by City to Contractor whileContractor was in default shall be immediately returned to City. Contractor understands and 9
  • 72. agrees that termination of this Agreement under this section shall not release Contractor fromany obligation accruing prior to the effective date of termination. Should Contractor be unableor unwilling to commence to perform the Services within the time provided or contemplatedherein, then, in addition to the foregoing, Contractor shall be liable to City for all expensesincurred by City in preparation and negotiation of this Agreement, as well as all costs andexpenses incurred by City in the re-procurement of the Services, including consequential andincidental damages.16. RESOLUTION OF AGREEMENT DISPUTES: Contractor understands and agreesthat all disputes between Contractor and City based upon an alleged violation of the terms of thisAgreement by City, shall be submitted to the City Manager for his/her resolution, prior toContractor being entitled to seek judicial relief in connection therewith. In the event that theamount of compensation hereunder exceeds $25,000.00 the City Manager’s decision shall beapproved or disapproved by City Council. Contractor shall not be entitled to seek judicial reliefunless: (i) it has first received the City Manager’s written decision, approved by City Council ifthe amount of compensation hereunder exceeds $25,000.00 or (ii) a period of sixty (60) days hasexpired, after submitting to the City Manager a detailed statement of the dispute, accompaniedby all supporting documentation (90 days if the City Manager’s decision is subject to CityCouncil approval); or (iii) City has waived compliance with the procedure set forth in thissection by written instruments, signed by the City Manager. 10
  • 73. 17. CITY’S TERMINATION RIGHTS: A. City shall have the right to terminate this Agreement, in its sole discretion, at anytime, by giving written notice to Contractor at least five (5) business days prior to the effectivedate of such termination. In such event, City shall pay to Contractor compensation for servicesrendered and expenses incurred prior to the effective date of termination. In no event shall Citybe liable to Contractor for any additional compensation, other than that provided herein, or forany consequential or incidental damages. B. City shall have the right to terminate this Agreement, without notice toContractor, upon the occurrence of an event of default hereunder. In such event, City shall notbe obligated to pay any amounts to Contractor and Contractor shall reimburse to City allamounts received while Contractor was in default under this Agreement.18. INSURANCE: Contractor shall, at all times during the term hereof, maintain suchinsurance coverage as may be required by City. All such insurance, including renewals, shall besubject to the approval of City for adequacy of protection and evidence of such coverage shall befurnished to City on Certificates of Insurance indicating such insurance to be in force and effectand providing that it will not be canceled during the performance of the services under thisAgreement without thirty (30) calendar days prior written notice to City. Completed Certificatesof Insurance shall be filed with City prior to the performance of services hereunder, provided,however, that Contractor shall at any time upon request file duplicate copies of the policies ofsuch insurance with City. If, in the judgment of City, prevailing conditions warrant the provision by Contractor ofadditional liability insurance coverage or coverage which is different in kind, City reserves the 11
  • 74. right to require the provision by Contractor of an amount of coverage different from the amountsor kind previously required and shall afford written notice of such change in requirements thirty(30) days prior to the date on which the requirements shall take effect. Should the Contractor failor refuse to satisfy the requirement of changed coverage within thirty (30) days following City’swritten notice, this Agreement shall be considered terminated on the date that the requiredchange in policy coverage would otherwise take effect.19. SPECIAL INSURANCE AND INDEMNIFICATION: A. INDEMNIFICATION:GENERAL INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, DEFEND,AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS,OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREEAND 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 ORPERSONS, INCLUDING AGENTS OR EMPLOYEES OF CONTRACTOR OR CITY, BYREASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY,RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW ORREGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION,OMISSION, NEGLIGENCE OR FAULT OF CONTRACTOR, ITS AGENTS OREMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR AND ANY OTHERENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS 12
  • 75. AGREEMENT OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OFANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY CONTRACTORHEREUNDER. NOTHING HEREIN SHALL REQUIRE EITHER PARTY TO THISINDEMNIFICATION SHALL SURVIVE THE TERM OF THIS AGREEMENT AS LONG ASANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRECONTRACTOR TO INDEMNIFY, DEFEND, OR HOLD HARMLESS ANY INDEMNIFIEDPARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFULMISCONDUCT.PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR IN THISAGREEMENT SHALL SURVIVE THE EXPIRATION OF THIS AGREEMENT AND THEDISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO EACHOTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THETERM OF THIS AGREEMENT BUT THEREAFTER SO LONG AS ANY LIABILITY(INCLUDING BUT NOT LIMITED TO LIABILITY FOR CLOSURE AND POST CLOSURECOSTS) COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OFCONTRACTOR IN PERFORMING UNDER THIS AGREEMENT.RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THISCONTRACT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTSOCCURRING DURING THE TERM OF THIS CONTRACT BUT RETROACTIVELY TOCLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE TERMOF PREVIOUS AGREEMENTS BETWEEN CITY AND CONTRACTOR. 13
  • 76. B. INSURANCE: 1) GENERAL CONDITIONS. The following conditions shall apply to all insurance policies obtained by Contractor for the purpose of complying with this Contract. a) 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. b) Named Insureds. All insurance policies required herein shall be drawn in the name of contractor, with City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees named as additional insureds, except on Workers’ Compensation coverage. c) Waiver of Subrogation. Contractor shall require its insurance carrier(s), with respect to all insurance policies, to waive all rights of subrogation against City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees. d) Certificates of Insurance. At or before the time of execution of this Contract, Contractor shall furnish City’s Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverage and limits of insurance. All certificates of insurance shall clearly state that all applicable requirements have been satisfied. The certificates shall provide that any company issuing an insurance policy shall provide to City not less than thirty (30) days advance notice in writing of cancellation, non-renewal, or 14
  • 77. material change in the policy of insurance. In addition, Contractor and insurance company shall immediately provide written notice to City’s Risk Manager upon receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. Copies of required endorsements will be attached to the certificates to confirm the required endorsements are in effect. Certificates of insurance and notices of cancellations, terminations, or alterations shall be furnished to City’s Risk Manager at City Hall, 106 S. Chadbourne or P.O. Box 1751, San Angelo, Texas 76903.e) Contractor’s Liability. The procurement of such policy of insurance shall not be construed to be a limitation upon Contractor’s liability or as a full performance on its part of the indemnification provisions of this Contract. Contractor’s obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury or loss caused by or attributable to its activities conducted at or upon the premises. Failure of Contractor to maintain adequate coverage shall not relieve Contractor of any contractual responsibility or obligation.f) Sub-contractors’ Insurance. Contractor shall cause each Sub-contractor and Sub-Sub- Contractor of Contractor to purchase and maintain insurance of the types and in the amounts specified below. Contractor shall require Subcontractors and Sub- subcontractors to furnish copies of certificates of insurance to Contractor’s Risk Manager evidencing coverage for each Sub-contractor and Sub-sub-contractor.2) TYPES AND AMOUNTS OF INSURANCE REQUIRED. Contractor shallobtain and continuously maintain in effect at all times during the term hereof, at 15
  • 78. Contractor’s sole expense, insurance coverage as follows with limits not less than thoseset forth below:1) Commercial General Liability. This policy shall be occurrence-type policy and shall protect the Contractor and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than the Contractor’s employees) and damage to property of the City or others arising out of the act or omission of the Contractor or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by Contractor under the paragraph of this Contract entitled “Indemnification,” including completed operations, products liability, contractual coverage, broad form property coverage, explosion, collapse, underground, premises/operations, and independent contractors (to remain in force for two years after final payment). Coverage limits shall not be less than: $ 2,000,000.00 General Aggregate $ 1,000,000.00 Products- Completed Operations $ 1,000,000.00 Personal & Advertising Injury $ 1,000,000.00 Each Occurrence $ 100,000.00 Fire Damage (any one fire) 16
  • 79. 2) Business Automobile Liability. This policy shall protect Contractor and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles and shall cover operation on and off the premises of all motor vehicles licensed for highway use, whether they are owned, non-owned or hired. Coverage limits shall not be less than: $ 1,000,000.00 Each Accident Limit3) Workers Compensation and Employer’s Liability. If Contractor hires any employees, Contractor shall maintain Workers Compensation and Employer’s Liability insurance, which shall protect the Contractor against all claims under applicable state workers compensation laws and employer’s liability. The insured shall also be protected against claims for injury, disease or death of employees which for any reason, may not fall within the provisions of a workers compensation law. Coverage shall not be less than: Statutory Amount Workers Compensation $ 1,000,000.00 Employer’s Liability, Each Accident $ 1,000,000.00 Employer’s Liability, Disease - Each Employee $ 1,000,000.00 Employer’s Liability, Disease - Policy Limit The foregoing requirement will not be applicable if, and so long as, Contractor qualifies as a self-insurer under the rules and regulations of the commission or agency 17
  • 80. administering the workers compensation program in Texas and furnishes evidence of such qualification to City in accordance with the notice provisions of this Agreement. If Contractor uses contract labor, Contractor shall require its subcontractor to maintain the above referenced coverage and furnish copies of certificates of insurance as required herein. 4) Builders Risk. This Policy shall be an all risk type of insurance covering work performed under this instrument and materials, equipment or other items to be incorporated into the building, while the same are located at the construction site, stored off site or stored at the pale of manufacture. The policy shall cover, at a minimum, losses due to fire, flood, explosion, hail, lightening, vandalism, malicious mischief, wind, collapse, riot, aircraft and smoke until the date of final acceptance of work. Coverage shall not be less than: $ 5,925,715.00 Completed Value20. NONDISCRIMINATION: Contractor represents and warrants to City that Contractordoes not and will not engage in discriminatory practices and that there shall be no discriminationin connection with Contractor’s performance under this Agreement on account of race, color,sex, religion, age, handicap, marital status or national origin. Contractor further covenants thatno otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,handicap, marital status or national origin, be excluded from participation in, be denied services,or be subject to discrimination under any provision of this Agreement. 18
  • 81. 21. ASSIGNMENT: This Agreement shall not be assigned by Contractor, in whole or inpart, without the prior written consent of City’s, which may be withheld or conditioned, in City’ssole discretion.22. NOTICES: All notices or other communications required under this Agreement shallbe in writing and shall be given by hand-delivery or by registered or certified U.S. Mail, returnreceipt requested, addressed to the other party at the address indicated herein or to such otheraddress as a party may designate by notice given as herein provided. Notice shall be deemedgiven on the day on which personally delivered; or, if by mail, on the fifth day after being postedor the date of actual receipt, whichever is earlier. TO CITY: TO CONTRACTOR: City of San Angelo Templeton Construction Co., Inc Attn: Terry Parker Attn: Gary McClure, President P.O. Box 1751 521 W. Beauregard Ave. San Angelo, Texas 76902 San Angelo, Texas 76903 Phone: (325)657-4439 Phone: (325)653-690423. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the Stateof Texas. B. Title and paragraph headings are for convenient reference and are not a part ofthis Agreement. 19
  • 82. C. No waiver or breach of any provision of this Agreement shall constitute a waiverof any subsequent breach of the same or any other provision hereof, and no waiver shall beeffective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in thisAgreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwiseunenforceable under the laws of the State of Texas or City of San Angelo, such provision,paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order toconform with such laws, or if not modifiable, then same shall be deemed severable, and in eitherevent, the remaining terms and provisions of this Agreement shall remain unmodified and in fullforce and effect or limitation of its use. E. This Agreement constitutes the sole and entire agreement between the partieshereto. No modification or amendment hereto shall be valid unless in writing and executed byproperly authorized representatives of the parties hereto.24. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the partieshereto, their heirs, executors, legal representatives, successors, or assigns.25. INDEPENDENT CONTRACTOR: Contractor has been procured and is beingengaged to provide services to City as an independent contractor, and not as an agent oremployee of City. Accordingly, Contractor shall not attain, nor be entitled to, any rights orbenefits under the Civil Service or Pension Ordinances of City, nor any rights generally affordedclassified or unclassified employees. Contractor further understands that Texas Workers’Compensation benefits available to employees of City are not available to Contractor, and agrees 20
  • 83. to provide workers’ compensation insurance for any employee or agent of Contractor renderingservices to City under this Agreement.26. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on theavailability of funds and continued authorization for program activities and the Agreement issubject to amendment or termination due to lack of funds, reduction of funds and/or change inregulations, upon thirty (30) days notice.27. REAFIRMATION OF REPRESENTATIONS: Contractor hereby reaffirms all of therepresentations contained in the Solicitation Documents.28. DOCUMENTS OF INCORPORATION: This Agreement is expressly made subject toall Attachments hereto, to all of the attachments, provisions, requirements, federal, state andlocal laws, rules and regulations as of the effective date hereof, and to any and all requirements,whether federal, state or local, verbal or written, placed upon the City. All of the foregoing arehereby made a part of this Agreement and incorporated herein by reference as if fully set outherein.29. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole andonly agreement of the parties relating to the subject matter hereof and correctly set forth therights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,negotiations, or representations not expressly set forth in this Agreement are of no force oreffect. 21
  • 84. 30. COUNTERPARTS: This Agreement may be executed in two or more counterparts,each of which shall constitute an original but all of which, when taken together, shall constituteone and the same agreement. [Signature Page to Follow] 22
  • 85. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed bytheir respective officials thereunto duly authorized, this the day and year above written. “City” CITY OF SAN ANGELO, a municipalATTEST: corporation_______________________________ By:______________________________Alicia Ramirez, City Clerk Harold Dominguez, City Manager “Contractor”ATTEST: Templeton Construction, a domestic for-profit corporation______________________________ By:_______________________________Print Name: Print Name: Gary McClureTitle: Corporate Secretary Title: President 23
  • 86. APPROVED AS TO CONTENT: APPROVED AS TO FORM:______________________________ __________________________________Luis Elguezabal, Airport Director Lysia H. Bowling. City AttorneyAPPROVED AS TO CONTENT: APPROVED AS TO INSURANCE REQUIREMENTS:Terry Parker, John Seaton, Risk ManagerAirport Operations Coordinator 24
  • 87. City of San Angelo Parks & RecreationMemorandum Date: December 2, 2011 To: Mayor and Councilmembers From: Carl White, Parks and Recreation Director Subject: Agenda Item for December 6, 2011, Council Meeting Contact: Carl White, Parks and Recreation Director, 657-4450 or 234-1724 Caption: Regular Agenda Item Consideration of authorizing the development of a “Harmony Place” at Firefighters Memorial City Park to include the installation of a series of high quality and durable musical instruments provided by Children for a Peaceful World through their fundraising efforts and any action related thereto. Summary: Children for a Peaceful World have submitted a proposal to install a series of high quality outdoor musical instruments near the playground at Firefighters Memorial City Park exclusively through fundraising. The Recreation Advisory Board considered this proposal at their October 12 meeting and unanimously recommended approval. Staff supports this recommendation. There is no previous history on this item. The park was renovated in 2009. Financial The financial impact is nominal in that the fundraising would pay for all Impact: instruments and installation. A small amount of the funds raised would be set aside for long-term maintenance. Attachments: Proposal from Children for a Peaceful World and map of Firefighters Memorial City Park showing the proposed location for Harmony Place. Presentation: Some PowerPoint slides will be available to facilitate the discussion. Publication: N/A Reviewed by: Rick Weise, Assistant City Manager, November 21, 2011 Approved by N/A Legal:
  • 88. Map
  • 89. Proposal
  • 90. City of San AngeloMemoDate: 17 November 2011To: Mayor and Council MembersFrom: Robert Salas, Director, Neighborhood & Family ServicesSubject: Agenda Item for December 6, 2011 Council MeetingContact: Robert Salas 657-4274Caption: Regular Consideration of approval and public hearing of the 2010 Consolidated Annual Performance and Evaluation Report (CAPER) ---------------------------------------------------------------------------------------------------------------------------------Summary: The 2010 CAPER is a document required of all entitlement cities receiving annualCommunity Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds fromthe U.S. Department of Housing and Urban Development (HUD).History: The CAPER is the City’s performance evaluation for the 2010 Program Year covering 1 Oct2010 thru 30 Sep 2011. The CAPER includes a summary of expended resources, objectives and goalsas they relate to affordable housing, outcome measures, geographic distribution, and barriers toaffordable housing.This report is the product of public outreach consistent with the City of San Angelo’s 2010-2014 Five-YearConsolidated Plan. Public notices were posted in a newspaper article in the Standard Times and draftcopies of the CAPER were posted at various locations throughout the city.Approval the 2010 CAPER will authorize the City to forward the final CAPER to the HUD Regional Officein Ft Worth.Financial Impact: NoneRelated Vision Item: Neighborhood Revitalization.Other Information/Recommendations: Approve content and allow staff to forward report to HUD.Attachments: 2010 Draft CAPERPresentation: Powerpoint slides.Publication: Standard Times advertisement.Approval By Service Area Director: N/A.
  • 91. CITY OF SAN ANGELO 2010 Program YearConsolidated Annual Performance & Evaluation Report (CAPER)COMMUNITY & HOUSING SUPPORT DIVISION
  • 92. Plan Preparation by:Special Thanks to: City Council 2
  • 93. TABLE OF CONTENTS PAGE 2
  • 94. First Program Year CAPERGENERALEXECUTIVE SUMMARYSuccess Stories 3
  • 95. Funds Received 2010 Program Funds Available CDBG HOME TOTALTotal Funds Available $1,019,016 $487,084 $1,506,100Funds Expended Funds Expended in 2010 CDBG HOME TOTAL Administration Cap CDBG HOMETotal $1,019,016 $487,084Administration Expended $194,711 $47,958 4
  • 96. Public Service Cap CDBG% PS Expended 0% CHDO Set-asideActual Amount Set-Aside $120,000GENERAL QUESTIONS 5
  • 97. 1. GOALS AND OBJECTIVES Funds Projects Service Provider Annual Goal Completed ExpendedUnder-performing Projects2. CHANGES TO THE PROGRAM3. AFFIRMATIVELY FURTHERING FAIR HOUSING 6
  • 98. 4. OBSTACLES TO MEETING UNDERSERVED NEEDS 7
  • 99. 5. LEVERAGING RESOURCESPublic and Private ResourcesHome Match RequirementsMANAGING THE PROCESSCITIZEN PARTICIPATION 8
  • 100. 1. CITIZEN COMMENTS2. GEOGRAPHICAL DISTRIBUTION 9
  • 101. Code Enforcement Low/Mod CTBGs2000 Census CTBG 10
  • 102. Target Area projectsCommunity-wide projects 11
  • 103. HOME Revitalization & CHDOLegend HAP HOME GCDC 12
  • 104. Rehabilitation13
  • 105. Emergency Repairs14
  • 106. Neighborhood Blitz15
  • 107. INSTITUTIONAL STRUCTURE MONITORING 1. MONITORING METHODS 16
  • 108. 2. MONITORING RESULTS3. SELF EVALUATIONCreating a Suitable Living EnvironmentExpanded Economic OpportunitiesProviding Decent Housing 17
  • 109. Projects Falling BehindBarriersPotential Adjustments and ImprovementsLEAD-BASED PAINT1. ACTIONS TAKEN TO REDUCE LEAD-BASED PAINT HAZARDS 18
  • 110. HOUSINGHOUSING NEEDS1. FOSTERING AND MAINTAINING AFFORDABLE HOUSING $1,031,045.02 o oAccomplishment Unit of Measure 2010 Program Year Accomplishments 19
  • 111. SPECIFIC HOUSING NEEDS 1. MEETING SPECIFIC AFFORDABLE HOUSING OBJECTIVES Income Distribution of Affordable Housing Beneficiaries e Income Level Total 60% of Extremely VeryFunding Housing Median - Low Above Activity Goal Low LowSource Units (HOME (80%) 80% (30%) (50%) Served Only)CDBG CD Rehabilitation 18 11 4 1 6 CD EmergencyCDBG 40 46 16 28 2 RepairsCDBG Neighborhood Blitz 40 33 21 9 3 New Construction -HOME 2 1 1 Revit & GCDCHOME Reconstruction 1 1 1 HomebuyersHOME 12 17 3 4 10 Assistance Elderly/Disabled --- 12 10 4 4 2 Duplexes Rental AssistanceHOME 24 31 30 1 (TBRA) MHMR & ICD 20
  • 112. 2. SECTION 215 AFFORDABLE HOUSING3. WORST-CASE AND DISABLED HOUSINGPUBLIC HOUSING STRATEGYBARRIERS TO AFFORDABLE HOUSING 21
  • 113. Tax Abatements:Inventory Tax Exemptions :Tom Green County/San Angelo Enterprise Zone:Industrial District Designation:Other Assistance:HOME/ ADDI 22
  • 114. HOME GOALS AND OBJECTIVES Annual Funds Projects Service Provider Completed Goal ExpendedRESULTS OF ON-SITE INSPECTIONS OF RENTAL HOUSINGAFFIRMATIVE MARKETING and OUTREACH EFFORTS 23
  • 115. ooooooooo 24
  • 116. o o o oHOMELESSHOMELESS NEEDSSPECIFIC HOMELESS PREVENTION ELEMENTS 25
  • 117. COMMUNITY DEVELOPMENTCOMMUNITY DEVELOPMENT 26
  • 118. 27
  • 119. 1. ASSESSMENT OF GOALS AND OBJECTIVES 2010 Distribution of CDBG Funds by Priority Need % of Priority Need Proposed Budget Funds Expended Total. Prior Year CDBG Funded Projects Original Projects Accomplishments Funds Expended Project Year 28
  • 120. 2. CHANGES IN PROGRAM OBJECTIVES3. ASSESSMENT OF EFFORTS IN CARRYING OUT PLANNED ACTIONSPursuing Resources Indicated in Consolidated PlanCertifications of Consistency 29
  • 121. Consolidated Plan Implementation4. FUNDS NOT USED FOR NATIONAL OBJECTIVES5. ANTI-DISPLACEMENT AND RELOCATION6. LOW/MOD JOB ACTIVITIES7. LOW/MOD LIMITED CLIENTELE ACTIVITIES8. PROGRAM INCOME RECEIVED9. PRIOR PERIOD ADJUSTMENTS10. LOANS AND OTHER RECEIVABLES11. LUMP SUM AGREEMENTS12. HOUSING REHABILITATION 30
  • 122. Program Accomplishments 2010 CDBG Housing Rehab Activities Income Level Total Female Housing Extremely Very Income Non-WhiteActivity Low Head of Hispanic Units Low Low Total Households Household Served Total CDBG Funds Spent Public and Private Funds 13. NEIGHBORHOOD REVITALIZATION STRATEGIES 31
  • 123. 14. Section 108 Loan ActivitiesSection 108 FinancialsGrant #: B-07-MC-48-0025ANITPOVERTY STRATEGY 32
  • 124. NON-HOMELESS SPECIAL NEEDS 33
  • 125. Priority Housing Needs/Investment Plan TablePriority Need 5-Yr. Yr. 1 Yr. 2 Yr. 3 Yr. 4 Yr. 5 Goal Goal Goal Goal Goal Goal Plan/Act Plan/Act Plan/Act Plan/Act Plan/ActRenters 0 - 30 of MFI 100 25/30 31 - 50% of MFI 25 5/1 51 - 80% of MFI 10 2/0Owners 150 30/41 100 20/42 75 15/26HomelessNon-HomelessSpecial Needs215 Renter215 Owner 34
  • 126. Priority Housing Activities/Investment Plan TablePriority Need 5-Yr. Yr. 1 Yr. 2 Yr. 3 Yr. 4 Yr. 5 Goal Goal Goal Goal Goal Goal Plan/Act Plan/Act Plan/Act Plan/Act Plan/ActCDBGHOMEHOPWAOther 35
  • 127. Annual Housing Completion Goals Expected Actual Resources used during the period Grantee Name: Annual # Annual City of San Angelo of Units Number of To Be Units CDBG HOME ESG HOPWA Program Year: 2009 Completed CompletedBENEFICIARY GOALS(Sec. 215 Only)Total Sec. 215Beneficiaries*RENTAL GOALS(Sec. 215 Only)Total Sec. 215Affordable RentalHOME OWNERGOALS(Sec. 215 Only) 36
  • 128. Total Sec. 215Affordable OwnerCOMBINED RENTALAND OWNER GOALS(Sec. 215 Only)Combined Total Sec.215 Goals*OVERALL HOUSINGGOALS(Sec. 215 + OtherAffordable Housing)Total Overall HousingGoal 37
  • 129. Priority Community Development ActivitiesPriority Need 5-Yr. Yr. 1 Yr. 2 Yr. 3 Yr. 4 Yr. 5 Goal Goal Goal Goal Goal Goal 38
  • 130. 39
  • 131. Performance Measurement System 2010 CAPER(date) 40
  • 132. City of San Angelo Neighborhood & Family Services Performance MeasuresTo secure Community Development Block Grant and HOME Investment Partnerships grantfunding from HUD for the City in order to enhance the facilities in the low income areas ofthe community and the lives of low income residents and provide funds for safe, sanitaryand decent housing to qualified low income residents.Budget Summary FY10 Actual FY11 Budget FY12 BudgetRevenue Grant Revenue $2,895,130 $1,536,895 Other $359,419 $156,240 Deficit/(Surplus) $232,599 $ 0 Total Revenue $3,487,148 $1,693,135Expenditure Personnel $537,119 $357,306 Operations and $2,888,501 $1,325,197 maintenance Capital $61,528 $10,632 Total Expenditure $3,487,148 $1,693,135Personnel Summary* FY10 Actual FY11 Budget FY12 BudgetFull-time 6 6 6Part-time 0 0 0 Total Personnel 6 6 6Activity: Home Buyer Assistance ProgramServes City Council’s Vision: Neighborhood Vision, Community Appearance VisionGoal: Secure grant funds to enhance the lives of low income residents and provide fundsfor safe, sanitary and decent housing to qualified low income residentsObjectives: Provide a concise and fair application/allocation process open to all agencieseligible for funding; Encourage citizen participation through newspaper advertising, publicservice announcements, neighborhood meetings and public hearingsPerformance Measures FY10 Actual FY11 Budget FY12 BudgetNumber of home buyers 14 12assistedNumber of applications 68 70Average cost per household $2,156 $7,750assistedPercent of home buyersassisted who earn less than 8 660% median family income 41
  • 133. Activity: Tenant Based Rental AssistanceServes City Council’s Vision: Neighborhood Vision, Community Appearance VisionGoal: Secure grant funds to enhance the lives of low income residents and provide fundsfor safe, sanitary and decent housing to qualified low income residentsObjectives: Provide a concise and fair application/allocation process open to all agencieseligible for funding; Encourage citizen participation through newspaper advertising, publicservice announcements, neighborhood meetings and public hearingsPerformance Measures FY10 Actual FY11 Budget FY12 BudgetNumber of eligible 33 30households/persons servedAverage cost per renter $325 $325assisted (monthly)Activity: Neighborhood RevitalizationServes City Council’s Vision: Neighborhood Vision, Community Appearance VisionGoal: Secure grant funds to enhance the lives of low income residents and provide fundsfor safe, sanitary and decent housing to qualified low income residentsObjectives: Provide a concise and fair application/allocation process open to all agencieseligible for funding; Encourage citizen participation through newspaper advertising, publicservice announcements, neighborhood meetings and public hearingsPerformance Measures FY10 Actual FY11 Budget FY12 BudgetCost per eligible 2 1 1household/persons servedNumber of projectscompleted/Number of eligible 2 1 1householdsservedActivity: Owner Occupied Services - RehabilitationServes City Council’s Vision: Neighborhood Vision, Community Appearance VisionGoal: Secure grant funds to enhance the lives of low income residents and provide fundsfor safe, sanitary and decent housing to qualified low income residentsObjectives: Provide a concise and fair application/allocation process open to all agencieseligible for funding; Encourage citizen participation through newspaper advertising, publicservice announcements, neighborhood meetings and public hearingsPerformance Measures FY10 Actual FY11 Budget FY12 BudgetNumber of households 15 15assistedCost per unit assisted $16,728 $15,000Activity: Owner Occupied Services – Emergency RehabilitationServes City Council’s Vision: Neighborhood Vision, Community Appearance VisionGoal: Secure grant funds to enhance the lives of low income residents and provide fundsfor safe, sanitary and decent housing to qualified low income residentsObjectives: Provide a concise and fair application/allocation process open to all agencieseligible for funding; Encourage citizen participation through newspaper advertising, publicservice announcements, neighborhood meetings and public hearings 42
  • 134. Performance Measures FY10 Actual FY11 Budget FY12 BudgetNumber of households 54 45assistedCost per unit assisted $2,156 $2,600Activity: Section 108 Debt ServiceServes City Council’s Vision: Neighborhood Vision, Community Appearance VisionGoal: Secure grant funds to enhance the lives of low income residents and provide fundsfor safe, sanitary and decent housing to qualified low income residentsObjectives: Provide a concise and fair application/allocation process open to all agencieseligible for funding; Encourage citizen participation through newspaper advertising, publicservice announcements, neighborhood meetings and public hearingsPerformance Measures FY10 Actual FY11 Budget FY12 BudgetCost per project NA $175,000 $175,000 43
  • 135. Part V: Public Service (PS) Cap CalculationPart VI: Planning and Program Administration Cap Calculation 44
  • 136. Annual Performance Report U.S. Department of Housing OMB Approval No. 2506-0171 and Urban Development (exp. 8/31/2009)HOME Program Office of Community Planning and DevelopmentPublic reporting burden for this collection of information is estimated to average 2.5 hours per response, including the time for reviewing instructions, searchingexisting data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conductor sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number.The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties, on theowners or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants in managing theirprograms; 2) to track performance of participants in meeting fund commitment and expenditure deadlines; 3) to permit HUD to determine whether eachparticipant meets the HOME statutory income targeting and affordability requirements; and 4) to permit HUD to determine compliance with other statutoryand regulatory program requirements. This data collection is authorized under Title II of the Cranston-Gonzalez National Affordable Housing Act or relatedauthorities. Access to Federal grant funds is contingent on the reporting of certain project-specific data elements. Records of information collected willbe maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public information and is generally availablefor disclosure. Recipients are responsible for ensuring confidentiality when public disclosure is not required.This form is intended to collect numeric data to be aggregated nationally as a complement to data collected through the Cash and Management Information(C/MI) System. Participants should enter the reporting period in the first block. The reporting period is October 1 to September 30. Instructions are includedfor each section if further explanation is needed.Submit this form on or before December 31. This report is for period (mm/dd/yyyy) Date Submitted (mm/dd/yyyy)Send one copy to the appropriate HUD Field Office and one copy to: Starting EndingHOME Program, Rm 7176, 451 7th Street, S.W., Washington D.C. 20410 10/01/2010 09/30/2011 11/19/2011Part I Participant Identification1. Participant Number 2. Participant NameM-10-MC-48-0224 City of San Angelo3. Name of Person completing this report 4. Phone Number (Include Area Code)Robert Salas, Director of Community Development 325-657-42745. Address 6. City 7. State 8. Zip CodePO Box 1751 San Angelo TX 76902Part II Program IncomeEnter the following program income amounts for the reporting period: in block 1, enter the balance on hand at the beginning; in block 2, enter the amountgenerated; in block 3, enter the amount expended; and in block 4, enter the amount for Tenant-Based rental Assistance.1. Balance on hand at Beginning 2. Amount received during 3. Total amount expended 4. Amount expended for Tenant- 5. Balance on hand at end of of Reporting Period Reporting Period during Reporting Period Based Rental Assistance Reporting Period (1 + 2 - 3) = 5 0 $32,508.46 0 0 0Part III Minority Business Enterprises (MBE) and Women Business Enterprises (WBE)In the table below, indicate the number and dollar value of contracts for HOME projects completed during the reporting period. Minority Business Enterprises (MBE) a. Total b. Alaskan Native or c. Asian or d. Black e. Hispanic f. White American Indian Pacific Islander Non-Hispanic Non-HispanicA. Contracts 1. Number 1 0 0 1 2. Dollar Amount $84,000 $84,000B. Sub-Contracts 1. Number 0 2. Dollar Amount 0 a. Total b. Women Business c. Male Enterprises (WBE)C. Contracts 1. Number 1 0 1 2. Dollar Amount $84,000 1D. Sub-Contracts 1. Number 0 0 0 2. Dollar Amounts 0 0 0 45 page 1 of 2 form HUD-40107 (11/92)
  • 137. Part I Minority O ners of Rental PropertyIn the table below, indicate the number of HOME assisted rental property owners and the total dollar amount of HOME funds in these rental properties assistedduring the reporting period. Minority Property Owners a. Total b. Alaskan Native or c. Asian or d. Black e. Hispanic f. White American Indian Pacific Islander Non-Hispanic Non-Hispanic1. Number 02. Dollar Amount 0Part Relocation and Real Property Ac uisitionIndicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition. The dataprovided should reflect only displacements and acquisitions occurring during the reporting period. a. Number b. Cost1. Parcels Acquired2. Businesses Displaced3. Nonprofit Organizations Displaced4. Households Temporarily Relocated, not Displaced Minority Business Enterprises (MBE) Households Displaced a. Total b. Alaskan Native or c. Asian or d. Black e. Hispanic f. White American Indian Pacific Islander Non-Hispanic Non-Hispanic5. Households Displaced - Number6. Households Displaced - Cost 46 page 2 of 2 form HUD-40107 (11/92)
  • 138. Match Contributions for ederalPart I Participant Identification iscal ear 20101. Participant No. (assigned by HUD) 2. Name of Participating Jurisdiction 3. Contact Name 4. Contact Phone No.M-10-MC-48-0224 City of San Angelo Bob Salas 325-657-42745. Street Address of the PJ City, State, Zip Code622 S. Oakes, Suite G San Angelo, TX 76903Part II iscal ear Summary 1. Excess match from prior Federal fiscal year $ 1,990,461.21 2. Match contributed during current Federal Fiscal Year $ 98,088.16 3. Total match available for current Federal fiscal year (line 1 + line 2) $ 2,088,549.37 4. Match liability for current Federal fiscal year $ 56,822.00 5. Excess match carried over to next Federal fiscal year (Line 3 minus line 4) $ 2,031,727.37Part III Match Contribution for the ederal iscal ear 2. Date of1. Project ID 3. Type of Contribution (if cash, include source) Match Amount YTD Match Contribution3130 W. Beauregard #42 10/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 194.81 $ 194.812828 Rio Grande #6 10/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 170.96 $ 365.771901 Pulliam St #17 10/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 481.63 $ 847.4012 E. 29th St #306 10/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 376.00 $ 1,223.403451 Green Meadow #34 10/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 596.60 $ 1,820.001901 Pulliam St. #23 10/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 360.23 $ 2,180.2312 E. 29th St #105 10/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 347.45 $ 2,527.683130 W. Beauregard #28 10/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 314.11 $ 2,841.791125 Louis Dr #272 10/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 378.00 $ 3,219.79102 Maryland #4 10/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 298.60 $ 3,518.393130 W. Beauregard #60 10/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 253.81 $ 3,772.201166 Benedict Dr #143 10/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 338.00 $ 4,110.201008 Concho Circle #300 10/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 336.60 $ 4,446.803130 W. Beauregard #45 10/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 357.21 $ 4,804.013130 W. Beauregard #56 10/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 633.20 $ 5,437.212909 San Antonio #8 10/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 653.20 $ 6,090.41 12 E. 29th St. #140 10/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 356.58 $ 6,446.993130 W. Beauregard #52 10/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 353.75 $ 6,800.743130 W. Beauregard #42 11/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 175.79 $ 6,976.532828 Rio Grande #6 11/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 304.60 $ 7,281.131901 Pulliam St #17 11/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 483.48 $ 7,764.6112 E. 29th St #306 11/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 340.11 $ 8,104.723451 Green Meadow #34 11/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 431.16 $ 8,535.881901 Pulliam St. #23 11/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 350.97 $ 8,886.8512 E. 29th St #105 11/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 314.63 $ 9,201.483130 W. Beauregard #28 11/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 306.00 $ 9,507.481125 Louis Dr #272 11/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 350.21 $ 9,857.69102 Maryland #4 11/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 318.45 $ 10,176.143130 W. Beauregard #60 11/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 207.00 $ 10,383.141166 Benedict Dr #143 11/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 364.86 $ 10,748.001008 Concho Circle #300 11/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 12.97 $ 10,760.973130 W. Beauregard #45 11/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 438.26 $ 11,199.233130 W. Beauregard #56 11/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 405.90 $ 11,605.132909 San Antonio #8 11/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 526.38 $ 12,131.51 12 E. 29th St. #140 11/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 301.00 $ 12,432.513130 W. Beauregard #52 11/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 355.60 $ 12,788.113130 W. Beauregard #42 12/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 175.79 $ 12,963.902828 Rio Grande #6 12/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 304.60 $ 13,268.501901 Pulliam St #17 12/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 483.48 $ 13,751.9812 E. 29th St #306 12/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 340.11 $ 14,092.093451 Green Meadow #34 12/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 431.16 $ 14,523.251901 Pulliam St. #23 12/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 350.97 $ 14,874.2212 E. 29th St #105 12/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 314.63 $ 15,188.853130 W. Beauregard #28 12/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 306.00 $ 15,494.85 47
  • 139. Part III Match Contribution for the ederal iscal ear 2. Date of1. Project ID 3. Type of Contribution (if cash, include source) Match Amount YTD Match Contribution1125 Louis Dr #272 12/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 350.21 $ 15,845.06102 Maryland #4 12/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 318.45 $ 16,163.513130 W. Beauregard #60 12/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 207.00 $ 16,370.511166 Benedict Dr #143 12/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 364.86 $ 16,735.371008 Concho Circle #300 12/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 12.97 $ 16,748.343130 W. Beauregard #45 12/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 438.26 $ 17,186.603130 W. Beauregard #56 12/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 405.90 $ 17,592.502909 San Antonio #8 12/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 526.38 $ 18,118.88 12 E. 29th St. #140 12/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 301.00 $ 18,419.883130 W. Beauregard #52 12/31/10 Cash-State share of medicaid and General Revenue for uninsured $ 355.60 $ 18,775.483130 W. Beauregard #12 01/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 341.26 $ 19,116.743130 W. Beauregard #42 01/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 175.79 $ 19,292.532828 Rio Grande #6 01/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 315.72 $ 19,608.251901 Pulliam St #17 01/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 488.12 $ 20,096.3712 E. 29th St #306 01/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 362.11 $ 20,458.481901 Pulliam #19 01/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 253.21 $ 20,711.691901 Pulliam St. #23 01/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 353.75 $ 21,065.4412 E. 29th St #105 01/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 42.08 $ 21,107.52102 Maryland #4 01/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 287.48 $ 21,395.003130 W. Beauregard #60 01/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 158.00 $ 21,553.001127 Louis Dr. #272 01/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 338.00 $ 21,891.001008 Rio Concho Dr. #29 01/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 110.96 $ 22,001.9612 E. 29th St #104 01/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 401.66 $ 22,403.623130 W. Beauregard #52 01/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 9.26 $ 22,412.883130 W. Beauregard #12 02/28/11 Cash-State share of medicaid and General Revenue for uninsured $ 372.60 $ 22,785.483130 W. Beauregard #42 02/28/11 Cash-State share of medicaid and General Revenue for uninsured $ 145.58 $ 22,931.062828 Rio Grande #6 02/28/11 Cash-State share of medicaid and General Revenue for uninsured $ 317.96 $ 23,249.021901 Pulliam St #17 02/28/11 Cash-State share of medicaid and General Revenue for uninsured $ 12.97 $ 23,261.9912 E. 29th St #306 02/28/11 Cash-State share of medicaid and General Revenue for uninsured $ 351.69 $ 23,613.681901 Pulliam #19 02/28/11 Cash-State share of medicaid and General Revenue for uninsured $ 281.00 $ 23,894.681901 Pulliam St. #23 02/28/11 Cash-State share of medicaid and General Revenue for uninsured $ 344.48 $ 24,239.1612 E. 29th St #105 02/28/11 Cash-State share of medicaid and General Revenue for uninsured $ 319.26 $ 24,558.423130 W. Beauregard #74 02/28/11 Cash-State share of medicaid and General Revenue for uninsured $ 665.00 $ 25,223.42102 Maryland #4 02/28/11 Cash-State share of medicaid and General Revenue for uninsured $ 298.60 $ 25,522.023130 W. Beauregard #60 02/28/11 Cash-State share of medicaid and General Revenue for uninsured $ 130.21 $ 25,652.231127 Louis Dr. #272 02/28/11 Cash-State share of medicaid and General Revenue for uninsured $ 357.45 $ 26,009.681008 Rio Concho Dr. #29 02/28/11 Cash-State share of medicaid and General Revenue for uninsured $ 130.21 $ 26,139.893130 W. Beauregard #45 02/28/11 Cash-State share of medicaid and General Revenue for uninsured $ 490.36 $ 26,630.253130 W. Beauregard #52 02/28/11 Cash-State share of medicaid and General Revenue for uninsured $ 344.48 $ 26,974.73106 W. Ave. B 02/28/11 Cash-State share of medicaid and General Revenue for uninsured $ 332.00 $ 27,306.733130 W. Beauregard #12 03/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 347.75 $ 27,654.482828 Rio Grande #6 03/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 469.08 $ 28,123.561901 Pulliam St #17 03/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 489.97 $ 28,613.5312 E. 29th St #306 03/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 379.48 $ 28,993.011901 Pulliam #19 03/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 290.79 $ 29,283.801901 Pulliam St. #23 03/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 606.62 $ 29,890.4212 E. 29th St #105 03/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 316.48 $ 30,206.903130 W. Beauregard #74 03/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 485.00 $ 30,691.90102 Maryland #4 03/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 12.97 $ 30,704.873130 W. Beauregard #60 03/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 130.21 $ 30,835.081127 Louis Dr. #272 03/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 4.63 $ 30,839.711008 Rio Concho Dr. #29 03/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 397.63 $ 31,237.343130 W. Beauregard #45 03/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 401.37 $ 31,638.7112 E. 29th St. #104 03/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 345.00 $ 31,983.713130 W. Beauregard #52 03/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 350.97 $ 32,334.68106 W. Ave. B 03/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 332.00 $ 32,666.68 48
  • 140. Part III Match Contribution for the ederal iscal ear 2. Date of1. Project ID 3. Type of Contribution (if cash, include source) Match Amount YTD Match Contribution2701 Volney 04/09/11 Sweat Equity $ 1,120.00 $ 33,786.682701 Volney 04/27/11 Cash-Individual Deposit Account for down payment $ 300.00 $ 34,086.682701 Volney 04/28/11 Cash-City half cent sales tax mortgage buydown $ 42,385.07 $ 76,471.753130 W. Beauregard #12 4/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 332.00 $ 76,803.751901 Pulliam St #17 4/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 492.75 $ 77,296.5012 E. 29th St #306 4/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 422.32 $ 77,718.821901 Pulliam #19 4/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 264.79 $ 77,983.611901 Pulliam St. #23 4/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 433.41 $ 78,417.0212 E. 29th St #105 4/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 327.60 $ 78,744.623130 W. Beauregard #74 4/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 516.93 $ 79,261.552909 San Antonio #6 4/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 129.00 $ 79,390.553130 W. Beauregard #60 4/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 177.02 $ 79,567.571008 Rio Concho Dr. #29 4/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 399.48 $ 79,967.0512 E. 29th St #104 4/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 434.08 $ 80,401.133130 W. Beauregard #52 4/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 350.97 $ 80,752.10106 W. Ave. B 4/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 332.00 $ 81,084.103130 W. Beauregard #12 05/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 343.12 $ 81,427.221901 Pulliam St #17 05/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 518.68 $ 81,945.9012 E. 29th St #306 05/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 420.54 $ 82,366.441901 Pulliam #19 05/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 316.23 $ 82,682.671901 Pulliam St. #23 05/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 344.48 $ 83,027.1512 E. 29th St #105 05/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 345.60 $ 83,372.753130 W. Beauregard #74 05/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 507.23 $ 83,879.982909 San Antonio #6 05/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 140.58 $ 84,020.561901 Pulliam #16 05/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 612.33 $ 84,632.893130 W. Beauregard #60 05/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 130.21 $ 84,763.101008 Rio Concho Dr. #29 05/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 368.96 $ 85,132.0612 E. 29th St #104 05/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 507.10 $ 85,639.163130 W. Beauregard #52 05/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 344.48 $ 85,983.641901 Pulliam St #17 06/30/11 Cash-State share of medicaid and General Revenue for uninsured $ 477.00 $ 86,460.642801 San Antonio#D59 06/30/11 Cash-State share of medicaid and General Revenue for uninsured $ 9.26 $ 86,469.9012 E. 29th St #105 06/30/11 Cash-State share of medicaid and General Revenue for uninsured $ 310.00 $ 86,779.903130 W. Beauregard #74 06/30/11 Cash-State share of medicaid and General Revenue for uninsured $ 489.63 $ 87,269.532909 San Antonio #6 06/30/11 Cash-State share of medicaid and General Revenue for uninsured $ 77.41 $ 87,346.941901 Pulliam #16 06/30/11 Cash-State share of medicaid and General Revenue for uninsured $ 394.82 $ 87,741.761008 Rio Concho Dr. #29 06/30/11 Cash-State share of medicaid and General Revenue for uninsured $ 347.97 $ 88,089.733130 W. Beauregard #52 06/30/11 Cash-State share of medicaid and General Revenue for uninsured $ 358.38 $ 88,448.114401 Southwest Blvd#2 06/30/11 Cash-State share of medicaid and General Revenue for uninsured $ 332.00 $ 88,780.114401 Southwest Blvd#112 07/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 372.48 $ 89,152.592801 San Antonio#D59 07/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 595.65 $ 89,748.2412 E. 29th St #105 07/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 337.60 $ 90,085.843130 W. Beauregard #74 07/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 149.00 $ 90,234.842909 San Antonio #6 07/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 156.79 $ 90,391.631901 Pulliam #16 07/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 365.75 $ 90,757.381008 Rio Concho Dr. #29 07/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 347.97 $ 91,105.354401 Southwest Blvd#2 07/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 13.65 $ 91,119.004401 Southwest Blvd#112 08/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 359.00 $ 91,478.004401 Southwest Blvd#105 08/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 350.24 $ 91,828.241818 S Harrison #18 08/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 349.60 $ 92,177.842801 San Antonio#D59 08/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 518.60 $ 92,696.443130 W. Beauregard #74 08/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 285.79 $ 92,982.232909 San Antonio #6 08/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 365.75 $ 93,347.98501 N. Bell #16 08/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 729.48 $ 94,077.461008 Rio Concho Dr. #29 08/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 341.48 $ 94,418.944401 Southwest Blvd#2 08/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 343.12 $ 94,762.064401 Southwest Blvd#112 9/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 389.96 $ 95,152.02 49
  • 141. Part III Match Contribution for the ederal iscal ear 2. Date of1. Project ID 3. Type of Contribution (if cash, include source) Match Amount YTD Match Contribution4401 Southwest Blvd#105 9/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 349.12 $ 95,501.141818 S Harrison #18 9/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 362.60 $ 95,863.742801 San Antonio#D59 9/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 151.30 $ 96,015.043130 W. Beauregard #74 9/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 39.37 $ 96,054.412909 San Antonio #6 9/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 422.30 $ 96,476.71501 N. Bell #16 9/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 336.12 $ 96,812.834401 Southwest Blvd#215 9/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 577.30 $ 97,390.134109 Ben Ficklin #39 9/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 11.58 $ 97,401.711008 Rio Concho Dr. #29 9/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 347.97 $ 97,749.684401 Southwest Blvd#2 9/31/11 Cash-State share of medicaid and General Revenue for uninsured $ 338.48 $ 98,088.16 50
  • 142. U.S. Department of Housing and Urban Development Date: 17-Nov-2011 Office of Community Planning and Development Time: 12:06 Integrated Disbursement and Information System Page: 1 CDBG Activity Summary Report (GPR) for Program Year 2010 SAN ANGELO 51PR03 - SAN ANGELO
  • 143. P M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity 52PR03 - SAN ANGELO
  • 144. DescriptionInitial unding Date inancingProposed AccomplishmentsAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsAnnual Accomplishments Accomplishment arrative 53PR03 - SAN ANGELO
  • 145. P M earPro ectIDIS ActivityInitial unding Date Description inancingProposed AccomplishmentsAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 54PR03 - SAN ANGELO
  • 146. otal 0 0 0 0 0 0 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed Accomplishments 55PR03 - SAN ANGELO
  • 147. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity 56PR03 - SAN ANGELO
  • 148. Initial unding Date Description inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 11 0 0 11 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrative 57PR03 - SAN ANGELO
  • 149. P M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 0 0 0 0 0 0 1 1 Income Category: O ner Renter otal Person 58PR03 - SAN ANGELO
  • 150. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS ActivityInitial unding Date Description inancingProposed AccomplishmentsAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity 59PR03 - SAN ANGELO
  • 151. Initial unding Date Description inancingProposed AccomplishmentsAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity 60PR03 - SAN ANGELO
  • 152. Initial unding Date Description inancingProposed AccomplishmentsAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS ActivityInitial unding Date Description inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 61PR03 - SAN ANGELO
  • 153. otal 0 0 0 0 0 0 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 62PR03 - SAN ANGELO
  • 154. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 63PR03 - SAN ANGELO
  • 155. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 64PR03 - SAN ANGELO
  • 156. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 65PR03 - SAN ANGELO
  • 157. otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed Accomplishments 66PR03 - SAN ANGELO
  • 158. Actual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancing 67PR03 - SAN ANGELO
  • 159. Proposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity 68PR03 - SAN ANGELO
  • 160. Initial unding Date Description inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity 69PR03 - SAN ANGELO
  • 161. Initial unding Date Description inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrative 70PR03 - SAN ANGELO
  • 162. P M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal Person 71PR03 - SAN ANGELO
  • 163. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal Person 72PR03 - SAN ANGELO
  • 164. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal Person 73PR03 - SAN ANGELO
  • 165. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 74PR03 - SAN ANGELO
  • 166. Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 75PR03 - SAN ANGELO
  • 167. otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 76PR03 - SAN ANGELO
  • 168. otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 77PR03 - SAN ANGELO
  • 169. otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 78PR03 - SAN ANGELO
  • 170. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed Accomplishments 79PR03 - SAN ANGELO
  • 171. Actual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancing 80PR03 - SAN ANGELO
  • 172. Proposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity 81PR03 - SAN ANGELO
  • 173. Initial unding Date Description inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity 82PR03 - SAN ANGELO
  • 174. Initial unding Date Description inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrative 83PR03 - SAN ANGELO
  • 175. P M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal Person 84PR03 - SAN ANGELO
  • 176. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal Person 85PR03 - SAN ANGELO
  • 177. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal Person 86PR03 - SAN ANGELO
  • 178. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 87PR03 - SAN ANGELO
  • 179. Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 88PR03 - SAN ANGELO
  • 180. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 89PR03 - SAN ANGELO
  • 181. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 90PR03 - SAN ANGELO
  • 182. otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 91PR03 - SAN ANGELO
  • 183. otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed Accomplishments 92PR03 - SAN ANGELO
  • 184. Actual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancing 93PR03 - SAN ANGELO
  • 185. Proposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity 94PR03 - SAN ANGELO
  • 186. Initial unding Date Description inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrative 95PR03 - SAN ANGELO
  • 187. P M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal Person 96PR03 - SAN ANGELO
  • 188. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal Person 97PR03 - SAN ANGELO
  • 189. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal Person 98PR03 - SAN ANGELO
  • 190. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 99PR03 - SAN ANGELO
  • 191. Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 100PR03 - SAN ANGELO
  • 192. otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 101PR03 - SAN ANGELO
  • 193. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 102PR03 - SAN ANGELO
  • 194. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 103PR03 - SAN ANGELO
  • 195. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed Accomplishments 104PR03 - SAN ANGELO
  • 196. Actual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancing 105PR03 - SAN ANGELO
  • 197. Proposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity 106PR03 - SAN ANGELO
  • 198. Initial unding Date Description inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity 107PR03 - SAN ANGELO
  • 199. Initial unding Date Description inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrative 108PR03 - SAN ANGELO
  • 200. P M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal Person 109PR03 - SAN ANGELO
  • 201. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal Person 110PR03 - SAN ANGELO
  • 202. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal Person 111PR03 - SAN ANGELO
  • 203. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 112PR03 - SAN ANGELO
  • 204. Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 113PR03 - SAN ANGELO
  • 205. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 114PR03 - SAN ANGELO
  • 206. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 115PR03 - SAN ANGELO
  • 207. otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS ActivityInitial unding Date Description inancingProposed Accomplishments 116PR03 - SAN ANGELO
  • 208. Actual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancing 117PR03 - SAN ANGELO
  • 209. Proposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity 118PR03 - SAN ANGELO
  • 210. Initial unding Date Description inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrative 119PR03 - SAN ANGELO
  • 211. P M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal Person 120PR03 - SAN ANGELO
  • 212. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 0 0 0 1 0 0 0 Income Category: O ner Renter otal Person 121PR03 - SAN ANGELO
  • 213. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal Person 122PR03 - SAN ANGELO
  • 214. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 123PR03 - SAN ANGELO
  • 215. Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 124PR03 - SAN ANGELO
  • 216. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 125PR03 - SAN ANGELO
  • 217. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 126PR03 - SAN ANGELO
  • 218. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 127PR03 - SAN ANGELO
  • 219. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed Accomplishments 128PR03 - SAN ANGELO
  • 220. Actual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancing 129PR03 - SAN ANGELO
  • 221. Proposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity 130PR03 - SAN ANGELO
  • 222. Initial unding Date Description inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity 131PR03 - SAN ANGELO
  • 223. Initial unding Date Description inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 0 0 1 1 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrative 132PR03 - SAN ANGELO
  • 224. P M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal Person 133PR03 - SAN ANGELO
  • 225. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 0 0 1 1 1 1 0 0 Income Category: O ner Renter otal Person 134PR03 - SAN ANGELO
  • 226. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal Person 135PR03 - SAN ANGELO
  • 227. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 136PR03 - SAN ANGELO
  • 228. Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 137PR03 - SAN ANGELO
  • 229. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 138PR03 - SAN ANGELO
  • 230. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 139PR03 - SAN ANGELO
  • 231. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 140PR03 - SAN ANGELO
  • 232. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed Accomplishments 141PR03 - SAN ANGELO
  • 233. Actual Accomplishments O ner Renter otal PersonNumber assisted: otal 0 0 1 1 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancing 142PR03 - SAN ANGELO
  • 234. Proposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity 143PR03 - SAN ANGELO
  • 235. Initial unding Date Description inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity 144PR03 - SAN ANGELO
  • 236. Initial unding Date Description inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrative 145PR03 - SAN ANGELO
  • 237. P M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal Person 146PR03 - SAN ANGELO
  • 238. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 0 0 1 1 1 1 0 0 Income Category: O ner Renter otal Person 147PR03 - SAN ANGELO
  • 239. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 0 0 1 1 1 1 0 0 Income Category: O ner Renter otal Person 148PR03 - SAN ANGELO
  • 240. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 149PR03 - SAN ANGELO
  • 241. Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 150PR03 - SAN ANGELO
  • 242. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 151PR03 - SAN ANGELO
  • 243. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 152PR03 - SAN ANGELO
  • 244. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: 153PR03 - SAN ANGELO
  • 245. otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed Accomplishments 154PR03 - SAN ANGELO
  • 246. Actual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancing 155PR03 - SAN ANGELO
  • 247. Proposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity 156PR03 - SAN ANGELO
  • 248. Initial unding Date Description inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity 157PR03 - SAN ANGELO
  • 249. Initial unding Date Description inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 1 1 0 0 1 1 0 0 Income Category: O ner Renter otal PersonAnnual Accomplishments Accomplishment arrative 158PR03 - SAN ANGELO
  • 250. P M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsActual Accomplishments O ner Renter otal PersonNumber assisted: otal 0 0 1 1 1 1 0 0 Income Category: O ner Renter otal Person 159PR03 - SAN ANGELO
  • 251. Annual Accomplishments Accomplishment arrativeP M earPro ectIDIS Activity DescriptionInitial unding Date inancingProposed AccomplishmentsAnnual Accomplishments Accomplishment arrative otal unded Amount , 4,445.05 otal Dra n hru Program ear , 2, .25 otal Dra n In Program ear 1,212,65 .4 160PR03 - SAN ANGELO
  • 252. City of San AngeloMemo Date: November 21, 2011 To: Mayor and Councilmembers From: Sandra J. Villarreal, Health Services Manager Subject: Agenda Item for December 6, 2011 Council Meeting Contact: Sandra J. Villarreal or Rick Weise Caption: Regular Item Discussion of Animal Services Crematorium / Incinerator and any action thereto. Summary: The crematorium-incinerator at the Animal Shelter is not functioning at this time. From June 2011 through August 2011, Animal Services has spent $1200 on parts alone to try and repair the incinerator; this does not include the countless man hours put in by Facilities Maintenance staff nor any of the prior 10 years downtime for repairs or maintenance. In early October, staff was told it might take an additional $2,000 to get it operational; however, Therma Tec technical staff was not sure if the remedy they were proposing was going to fix the problem, because the problem cannot be clearly identified. Ron Lewis, Facilities Maintenance Manager has spoken to the makers of the current incinerator. Mr. Lewis was told it would take $30,000-$50,000 to rehabilitate the incinerator or at a minimum of $100,000 for a new unit. According to literature, life span of this model is 10 years. There are two viable options for Council to consider and staff is seeking direction: 1) utilize the Incinerator, or 2) make use of the landfill. History: The City of San Angelo Animal Shelter was granted a permit by Texas Commission on Environmental Quality in October 1999 for the use of the incinerator. It has been in operation since. Construction on the entire complex began in 1997-98. Financial Impact Rehabilitation of Therma Tec Incinerator: $30,000 - $50,000 Purchase of new Therma Tec Incinerator (or similar): approx. $100,000. Purchase of Transport Truck with Dumping/Electric Lift: $35,000 Related Vision Item Financial Vision – ensure highest and best use of public funds. (if applicable) Other Information/ Staff seeks City Council direction. Recommendation Attachments Presentation Powerpoint Publication n/a Reviewed by Rick Weise, x-1072 Director Approved by Legal:
  • 253. City of San AngeloMemo Meeting Date: December 6, 2011 To: Mayor and City Council members From: AJ Fawver, Planning Manager Subject: annexation (to San Angelo’s City limits) of certain properties located northeast of San Angelo Location: area bounded roughly by North U.S. Hwy. 67 on the south, North U.S. Hwy. 277 on the east, Farm-to-Market Hwy. 2105 on the north, and a combination of Schwertner and Pruitt Roads on the west Contacts: A J Fawver, Planning Manager 657-4210 Caption: First public hearing and consideration of an ordinance annexing approximately 1,336 acres located northeast of San Angelo’s existing city limits, encompassing an area south of East Farm to Market Road 2105, beginning at a point along San Angelo’s existing city limits line; said points begin approximately 1,290 feet east of the intersection of East 37th Street and Pruitt Road, which extends along San Angelo’s existing city limits for approximately 11,080 feet, including an approximately 1.68-mile segment of right-of-way of Old Ballinger Highway, an approximately 1.64-mile segment of Covington Road, an approximately 0.48-mile segment of right-of- way of East Farm to Market Road 2105, an approximately 0.50-mile segment of right-of-way of East 50th Street, an approximately 0.61- mile segment of right-of-way of North US Highway 277, and an area of 200 acres northeast of the intersection of San Angelo’s existing city limits line and North US Highway 277 Summary: City Council discussed this item on February 1, of 2011, at which time they instructed staff, by way of a 5-2 vote, to initiate discovery of this process. On August 30, staff made presentation of the modified annexation area, which represented a small segment due to development agreements being accepted by property owners which state law requires cities
  • 254. to make such offers to. At this time, the City Council endorsed the area for annexation. Required hearings to solicit public comment were held. City staff mailed notification of the proposed annexation to all affected property owners via registered mail, and published two legal notices to inform citizens. If approved, this ordinance will be brought back for second reading and adoption on December 20th. Reason(s) for Proposed Annexation: As a reminder, the proposed annexation of land located northeast of San Angelo was prompted by the following concerns: A perceived need to annex property directly accessible to municipal water mains extended outside City limits. The availability of water service is the single most important factor in the development of land; without it, rural property may not be developable at all. Since 1989, San Angelo’s subdivision regulations have generally prohibited extending municipal water mains outside City limits, unless the owner(s) of property served by such extensions formally petition for annexation. In 1989, more than a few municipal water mains were already extended to areas outside City limits. San Angelo’s annexation efforts since 1989 have primarily been aimed toward incorporating such areas; however, some municipal water mains remain outside City limits. These include water mains extended alongside Old Ballinger Highway and into the Paul Gregory Addition,* within the proposed annexation area. So long as such water mains remain outside corporate limits, the City’s legal authority to consistently deny future extensions outside City limits may be in jeopardy.† A perceived need to exert authority for zoning, fire and construction-related codes on property alongside along North U.S. Hwy. 67, which serves as a major gateway to San Angelo. By doing so, it is hoped the aesthetic appeal and security (fire safety) of this corridor can be maintained and not degraded any further. A perceived need to limit the extent and density of development around the existing Regional Landfill and its planned expansion northward. This will help minimize incompatible mix of uses, and also help limit the City’s exposure to liability stemming from undesirable external impacts of the Regional Landfill. Related Vision Item: San Angelo’s 2009 Comprehensive Plan identifies two general goals for future annexation: oal 1 Use anne ation to ensure that ne housing and business activity is incorporated ithin the City limits of San Angelo, in a ay hich minimi es up-front municipal e penditures (for capital improvements in ne ly anne ed areas) but ma imi es suitability of such development ithin the urban conte t of San Angelo. Annex areas before extensive development of home sites and business properties occurs, guiding any such development within a framework of municipal regulations on zoning, subdivision, signs, fire prevention and building construction.* including the Chaparral Commercial Center† i.e., without a petition for annexation, from the owner(s) of property served by such water main extensions
  • 255. oal 2 Balance short-term costs of ma ing measured capital improvements in possible anne ation areas, ith long-term costs of not anne ing these same areas. Recognize that determining the best areas for annexation involves anticipating realistic potential for development of new home sites and new business activity all around the urban fringe, annexing the most promising such areas where timely application of urban development standards can have an effective impact.Financial Impact: Council has authorized a service plan resulting in extension ofwater service to the adopted area within three years of the date of adoption. Other Cityservices will provided to this area as outlined in the service plan component of theannexation ordinance.Recommendation: City staff recommends approval of this ordinance as presented.Attachments: maps illustrating area of proposed annexation of land located northeast of San Angelo and DRAFT Ordinance and ExhibitsPresentation: AJ Fawver, Planning ManagerPublication: No legal notice required at this time. This was done as part of the public hearing process previously undertaken.Reviewed by: AJ Fawver, Planning Manager (11/17/11)
  • 256. E HIBI A legal description of area encompassed by anne ation of land located northeast of San Angelo, om reen County, e as E A DESCRIP IO O HE E COMPASSED AREA B A E A IO O A D OCA ED OR HEAS O SA A E O S E IS I CI IMI SBEING an area of 1336.04 acres of land out of J. Fenner Survey 1, Abstract 4985, Wm.Bullock Survey 10, Abstract 8134, Mrs. Julia A. Egglestone Survey 2, Abstract 4984, J.Pointevent Survey 1113, Abstract 4873, Washington County Railroad Co. Survey 179,Abstract 4032 and Washington County Railroad Co. Survey 178, Abstract 8474, Tom GreenCounty, Texas and being more particularly described by metes and bounds as follows:BEGINNING at a point on San Angelo’s existing city limits line, said point being the southerncorner of Tract A, Paul Gregory Addition, Section One, as recorded in Volume 4, Page 245of the County Clerk’s Plat Records for Tom Green County, Texas;THENCE following the existing city limits line and the northwest right of way line of U.S.Hwy. 67 & 277 and the east line of said Paul Gregory Addition, Section One and SectionTwo, N.32°48’30” E. a distance of 1607.63 feet to a point being a northwesterly projection ofthe southwest boundary of a certain 200 acre tract conveyed from the City of San Angelo toTom Green County as described in deed recorded in Volume 577, Page 71 of the OfficialPublic Records of Tom Green County, Texas;THENCE following the existing city limits line and crossing U.S. Hwy. 67 & 277, S. 57°13’37”E. a distance of 355.29 feet intersecting the southeast right-of-way line of U.S. Hwy. 67, saidpoint being the west corner of said 200 acre tract and the north corner of a certain 22.27acre tract conveyed from Pride Companies, L.P. to Delek Marketing & Supply, L.P. asdescribed in deed recorded in Instrument No. 615910 of the Official Public Records of TomGreen County, Texas, in all a distance of 2675.62 feet to the south corner of said 200 acretract;THENCE along the southeast line of said 200 acre tract, N. 32°46’23” E. a distance of4263.23 feet to the east corner of said 200 acre tract;THENCE along the northeast line of said 200 acre tract, N. 57°13’37” W. a distance of1994.86 feet to the northernmost corner of said 200 acre tract and the southeast corner of acertain 4.370 acre tract as described in deed from Norwest Bank Texas, N.A. to Marvin V.Blumentritt as recorded in Volume 619, Page 257 of the Official Public Records of TomGreen County, Texas;THENCE along the south line of said 4.370 acre tract and northwest line of said 200 acretract, S. 70°21’11” W. a distance of 553.06 feet to a point on the southeast right of way lineof U.S. Hwy. 67 & 277;THENCE along the southeast right of way line of U.S. Hwy. 67 & 277 and northwest line ofsaid 200 acre tract, S. 27°59’12” W. a distance of 184.45 feet;
  • 257. THENCE along the southeast right of way line of U.S. Hwy. 67 & 277 and northwest line ofsaid 200 acre tract, S. 32°48’45” W. a distance of 325.15 feet;THENCE crossing U.S. Hwy. 67 & 277, N. 85°28’47” W. a distance of 804.47 feet to thenorthwest right-of-way line of U.S. Hwy. 67 & 277 and the northeast corner of Tract I, PaulGregory Addition, Section Two as recorded in Volume 4, Page 414 of the Plat Records ofTom Green County, Texas, and the southeast corner of a certain 167.292 acre tractdescribed in Exhibit ‘H’ in Instrument No. 648798 of the Official Public Records of TomGreen County, Texas;THENCE along the west right-of-way line of U.S. Hwy 277 and east line of said 167.292acre tract following a curve to the left, having a radius of 3703.62 feet, central angle of7°25’37”, arc length of 480.08 feet, and whose long chord bears N. 3°51’25” E. a distance of479.74 feet;THENCE continuing along the west right-of-way line of U.S. Hwy 277 and east line of said167.292 acre tract, N. 0°08’47” E. a distance of 540.83 feet;THENCE continuing along the west right-of-way line of U.S. Hwy 277 and east line of said167.292 acre tract, N. 9°05’24” W. a distance of 405.25 feet;THENCE continuing along the west right-of-way line of U.S. Hwy 277 and east line of said167.292 acre tract, N. 0°08’36” E. a distance of 1125.25 feet to the northeast corner of said167.292 acre tract;THENCE crossing Old Ballinger Hwy. and South Orient Railroad, N. 2°47’09” W. a distanceof 284.87 feet to the southeast corner of a certain 501.327 acre tract conveyed fromNorwest Bank Texas, N.A. to Wilbert B. Block as recorded in Volume 588, Page 84 of theOfficial Public Records of Tom Green County, Texas;THENCE along the northwest right-of-way line of South Orient Railroad and southeast lineof said 501.327 acre tract, S. 53°48’10” W. a distance of 3759.22 feet to the southwestcorner of said 501.327 acre tract and the southeast corner of a certain 4.000 acre tractconveyed from Glenda Martindale to Martin Sprocket & Gear, Inc. as recorded in Volume663, Page 404 of the Official Public Records of Tom Green County, Texas;THENCE with the east line of said 4.000 acre tract, N.0°19’19” E. a distance of 229.75 feetto the northeast corner of said 4.000 acre tract;THENCE with the north line of said 4.000 acre tract, S. 53°48’10” W. a distance of 943.33feet to the northwest corner of said 4.000 acre tract;THENCE with the west line of said 4.000 acre tract, S. 0°19’19” W. a distance of 229.75 feetto the southwest corner of said 4.00 acre tract and in the northwest right-of-way line of SouthOrient Railroad;
  • 258. THENCE with the northwest right-of-way line of South Orient Railroad, S. 53°48’10” W. adistance of 942.28 feet to the intersection of the east right-of-way line of Covington Roadand the southwest corner of a certain 93.881 acre tract conveyed from Glenda Martindale toMartin Sprocket & Gear, Inc. as recorded in Volume 671, Page 675 of the Official PublicRecord of Tom Green County, Texas;THENCE with the east right-of-way line of Covington Road and west line of said 93.881 acretract, N. 0°13’24” E. a distance of 3366.92 feet to the northwest corner of said 93.881 acretract and a southwest corner of said 501.327 acre tract;THENCE along the east right-of-way line of Covington Road and with the west line of said501.327 acre tract, N. 0°13’24” E. at 3970.78 feet past the northwest corner of said 501.327acre tract and the south right-of-way line of Motl Road, in all a distance of 4020.78 feet to thesouthwest corner of Tract D, Leon A. Burk Subdivision as recorded in Volume 4, Page 362of the Plat Records of Tom Green County, Texas;THENCE along the east right-of-way line of Covington Road and east line of said Leon A.Burk Subdivision, N. 0°08’09” E. a distance of 1211.84 feet to the northwest corner of saidLeon A. Burk Subdivision and the south right-of-way line of F.M. Hwy. 2105;THENCE with the south right-of-way line of F.M. Hwy. 2105, N. 89°44’40” W. at 22.34 feetpast the northeast corner of a certain 316.879 acre tract conveyed from Frank Book, Jr. tothe City of San Angelo as recorded in Volume 1230, Page 827 of the Official Public Recordsof Tom Green County, Texas, in all 2637.00 feet;THENCE continuing with the south right-of-way line of F.M. Hwy. 2105, N. 89°44’33” W. adistance of 14.83 feet to the northwest corner of said 316.879 acre tract;THENCE along the west line of said 316.879 acre tract, S. 0°25’03” W. a distance of5237.90 feet to the southwest corner of said 316.879 acre tract;THENCE crossing East 50th Street, S. 32°25’52” W. a distance of 29.77 feet to thenorthwest corner of a certain 131 acre tract conveyed from The First City National Bank ofSan Angelo to the City of San Angelo as recorded in Volume 669, Page 562, Deed Recordof Tom Green County, Texas;THENCE along the west line of said 131 acre tract, S. 0°15’01” W. a distance of 4920.59feet to the northeast corner of a certain 11.877 acre tract conveyed from Lazy E FamilyLimited Partnership to Angelo Pellets, Inc. as recorded in Volume 793, Page 938 of theOfficial Public Records of Tom Green County, Texas;THENCE with the north line of said 11.877 acre tract, N. 89°51’58” W. a distance of 545.46feet;THENCE continuing with the north line of said 11.877 acre tract, N. 0°08’22” W. a distanceof 100.25 feet to the most northern northeast corner of said 11.877 acre tract;
  • 259. THENCE continuing with the north line of said 11.877 acre tract, N. 89°51’58” W. a distanceof 759.89 feet to the northwest corner of said 11.877 acre tract;THENCE with the west line of 11.877 acre tract, S. 2°05’33” E. a distance of 441.42 feet, tothe existing city limits line;THENCE along the existing city limits line and along the south line of said 11.877 acre tract,S. 89°51’58” E. a distance of 1287.99 feet to the southeast corner of said 11.877 acre tractand the southwest corner of said 131 acre tract;THENCE along the existing city limits line and south line of said 131 acre tract, S. 89°52’04”E. a distance of 103.64 feet to the north right-of-way line of South Orient Railroad;THENCE with the existing city limits line and crossing South Orient Railroad and OldBallinger Highway, N. 87°28’49” E. a distance of 327.09 feet to the southeast right-of-wayline of Old Ballinger Highway and the northwest corner of Lot 1 in Block 1 of the MartiferAddition, as shown on the subdivision plat of Martifer Addition, Section One, which isrecorded on Slide 191 in Cabinet G of Plat Records for Tom Green County, Texas;THENCE along an existing City limits line, S. 89º 35’ 45” E. for a distance of 1038.96,coinciding with a north boundary of Lot 1 in Block 1 of said Martifer Addition, the same pointbeing the southwest corner of Tract 1 in the N.A. Austin Subdivision, a plat of which isrecorded on Page 645 in Volume 154 of Deed Records on Slide 61 in Cabinet G of PlatRecords for Tom Green County, Texas;THENCE along an existing City limits line, S. 89º 21’ 43” E. for a distance of 1198.78 feet,coinciding with another north boundary of Lot 1 in said Block 1, to the most northerlynortheast corner of said Lot 1 in Block 1 of the Martifer Addition, the same point also beingthe southernmost southeast corner of Tract 3 in the N. A. Austin Subdivision, a plat of whichis recorded on Page 645 in Volume 154 of Deed Records on Slide 61 in Cabinet G of PlatRecords for Tom Green County, Texas;THENCE along an existing City limits line, S. 57º 11’ 30” E. for a distance of 518.27 feet,coinciding with a northeast boundary of Lot 1 in Block 1 of said Martifer Addition, to anotherpoint along the combined northeast boundaries of Lot 1 in said Block 1;THENCE along an existing City limits line, S. 57º 10’ 02” E. for a distance of 998.39 feet,coinciding with another northeast boundary of said Lot 1, to a point at the southwest cornerof right-of-way dedicated for Smith Drive on the subdivision plat of Paul Gregory Addition,Section One, which said plat is recorded on Page 245 in Volume 4 on Slide 246 in CabinetC of Plat Records for Tom Green County, Texas, said point also being at the intersection oftwo northeast boundaries of Lot 1 in Block 1 of the Martifer Addition;THENCE along an existing City limits line, S. 57º 11” 28” E. coinciding with the south line ofright-of-way dedicated for Smith Drive on the subdivision plat of Paul Gregory Addition,
  • 260. Section One, which said plat is recorded on Page 245 in Volume 4 on Slide 246 in CabinetC of Plat Records for Tom Green County, Texas, at 40.23 feet past the most easterlynortheast corner of Lot 1 in Block 1 of the Martifer Addition, in all 80.46 feet to the southwestcorner of Tract G in said Paul Gregory Addition, as shown on the subdivision plat of PaulGregory Addition, Section One;THENCE along an existing City limits line, S. 57º 11’ 30” E. coinciding with the southboundary of all 38.003 acres encompassed by the subdivision shown on the recorded plat ofPaul Gregory Addition, Section One, 590.81 feet past the southeast corner of Tract G in thePaul Gregory Addition and 670.81 feet past the southwest corner of Tract A in the PaulGregory Addition, in all 1330.81 feet to the POINT OF BEGINNING and containing an areaof 1336.04 acres of land.
  • 261. E HIBI B plan for e tension of municipal services to appro imately 1 10 total acres composed of the follo ing 12 acres out of . enner Survey 1, 77 acres out of Bulloc Survey 10, 2 acres out of Mrs. ulia A. Egglestone Survey 2, 2 acres out of . Pointevent Survey 111 , 65 acres out of Washington County Railroad Co. Surveys 17 and 17 , and 4 acres of high ay and railroad right- of- ay in om reen County, e as, anne ed to the City of San Angelo on December 20, 2011.SER ICES PRO IDED WI HI SI (60) DA S O OWI HE E EC I E DA EO A E A IO1. PO ICE PRO EC IO The City of San Angelo, Texas and its Police Department will provide policeprotection to the newly annexed territory at the same or similar service now being providedto other areas of the City of San Angelo, Texas which exhibit land use and populationdensities similar to that of the newly annexed area.2. IRE PRO EC IO A D EMER E C MEDICA SER ICE The City of San Angelo, Texas and its Fire Department will provide fire protectionand emergency medical service to the newly annexed territory at the same or similar level ofservice now being provided to other areas of the City of San Angelo, Texas which exhibitland use and population densities similar to that of the newly annexed area. Furthermore,the City of San Angelo Fire Department will respond to all dispatched calls (including thosefor emergency medical services) and other requests for service or assistance within thenewly annexed area, the same as it would within other areas inside the City limits of SanAngelo. . SO ID WAS E CO EC IO At the present time, the City of San Angelo, Texas is utilizing a designated, specificcontractor for collection of solid waste and refuse within the City limits of San Angelo. Suchcontract for solid waste collection is with Trashaway Services, Incorporated. Upon paymentof required deposits and agreement to pay lawful service fees and charges, solid wastecollection will be provided to all residents, businesses and other users of property in thenewly annexed area, to the extent the City’s contractor has access to such propertyrequested to be serviced.4. MAI AI I WA ER A D WAS EWA ER ACI I IES During the next 3 years, the City Council of the City of San Angelo, Texas will makearrangements to extend water mains, to serve the newly annexed area. The City Council forthe City of San Angelo, Texas believe that adequate sewer mains exist for point-of-useconnection and serviceable extensions, to provide sewer service within the newly annexed
  • 262. territory, extending such mains pursuant to applicable utility extension policies and/orordinances of the City of San Angelo, now existing or as such polices and/or ordinancesmay be amended.5. MAI AI I ROADS, S REE S A D A E WA S Any and all roads, streets or alleyways which have been dedicated to the public shallbe maintained to the same degree and extent that other roads, streets and alleyways aremaintained in areas with similar land use, population density and topography. Municipal maintenance of properly dedicated roads, streets and alleyways (whichmay be installed by developers of land within this newly annexed territory) will be consistentwith such maintenance provided by the City of San Angelo to other roads, streets andalleyways in areas exhibiting land use, population densities and topography similar to that ofthe newly annexed area. Any and all lighting of roads, streets and alleyways which may be positioned in aright-of-way, roadway or utility company easement shall be maintained by the applicableelectric utility company (or companies) servicing the City of San Angelo, Texas, pursuant toapplicable rules, regulations and fees of such applicable utility (or utilities).6. MAI AI I PAR S, P A ROU DS A D SWIMMI POO S The City Council of the City of San Angelo, Texas is not aware of the existence ofany parks, playgrounds or public swimming pools now located in the newly annexedterritory. In the event any such parks, playgrounds or swimming pools do exist and arepublic facilities, the City of San Angelo shall maintain such areas to the same extent anddegree that it maintains parks, playgrounds and swimming pools and other similar municipalfacilities now incorporated in the City of San Angelo, Texas.7. MAI AI I O HER PUB IC -OW ED ACI I IES OR BUI DI S The City Council of the City of San Angelo, Texas is not aware of the existence ofany publicly-owned facility or building now located in the area proposed for annexation. Inthe event any such publicly-owned facility or building does exist and are public facilities orbuildings, the City of San Angelo shall maintain such facilities or buildings to the same extentand degree that it maintains similar municipal facilities and buildings now incorporated in theCity of San Angelo, Texas.CO S RUC IO O CAPI A IMPRO EME S O BE I WI HI EARS O OWI HE E EC I E DA E O A E A IO1. PO ICE PRO EC IO , IRE PRO EC IO , EMER E C MEDICA SER ICES A D OR SO ID WAS E CO EC IO
  • 263. The City Council of the City of San Angelo, Texas finds and determines it to beunnecessary to acquire or construct any capital improvement within 3 years following theeffective date of annexing the subject territory, for the purpose of providing police and fireprotection, emergency medical services and/or solid waste collection. The City Council findsand determines that it has at the present time adequate facilities to provide comparablelevels of protection and service to what is presently being provided to other areas alreadyincorporated in the City of San Angelo, Texas, having the same or similar land use,population density and topography as that of the newly annexed territory.2. WATER AND WASTEWATER FACILITIES During the next 3 years, the City Council of the City of San Angelo, Texas believesthat adequate municipal water and sewer mains exist for point-of-use connections andserviceable extensions, to provide both water and sewer service within the newly annexedterritory, pursuant to applicable utility extension policies and/or ordinances of the City of SanAngelo, now existing or as such policies and/or ordinances may be amended.3. ROADS AND STREETS Developers of land within the newly annexed territory will be required to provideinternal streets (and to improve peripheral or boundary streets) in accordance withapplicable ordinances of the City of San Angelo, and such street improvements shall complywith specifications required by the City of San Angelo, for properly dedicated streets. Within 3 years following the effective date of annexation, the City of San Angelo,Texas, with a cooperative effort by the City’s designated electric utility company (orcompanies), will undertake to provide the same degree of road and street lighting as isprovided in areas of similar land use, population and topography already existing within thepresent corporate limits of the City of San Angelo, Texas.4. PARKS, PLAYGROUNDS AND SWIMMING POOLS, AS WELL AS OTHER PUBLIC FACILITIES OR BUILDINGS To the extent that it becomes necessary because of development demands,population growth and bona fide needs, the City Council of the City of San Angelo, Texaswill undertake to provide any such facility which it deems necessary to adequately providefor the health and safety of citizens in the newly annexed territory, based upon standardconsiderations of land use, population density and topography.SPECIFIC FINDINGS: The City Council of the City of San Angelo, Texas finds and determines that thisService Plan will not provide any fewer services nor will it provide a lower level of service, inthe newly annexed territory, than were in existence at the time immediately preceding thisterritory’s annexation to the City of San Angelo, Texas.
  • 264. AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, PROVIDING FOR THE ANNEXATION OF TERRITORY GENERALLY DESCRIBED TO BE APPROXIMATELY 1310 TOTAL ACRES LOCATED NORTHEAST OF THE EXISTING CITY’S CORPORATE LIMITS, COMPOSED OF THE FOLLOWING: 128 ACRES OUT OF J. FENNER SURVEY 1, 77 ACRES OUT OF BULLOCK SURVEY 10, 329 ACRES OUT OF MRS. JULIA A. EGGLESTONE SURVEY 2, 29 ACRES OUT OF J. POINTEVENT SURVEY 1113, 653 ACRES OUT OF WASHINGTON COUNTY RAILROAD CO. SURVEYS 178 AND 179, AND 94 ACRES OF HIGHWAY AND RAILROAD RIGHT-OF-WAY, IN TOM GREEN COUNTY, TEXAS, BEING WITHIN THE EXTRA TERRITORIAL JURISDICTION OF THE CITY AND ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF SAN ANGELO; FINDING THAT ALL NECESSARY AND LEGALLY REQUIRED CONDITIONS HAVE BEEN SATISFIED; DESCRIBING THE TERRITORY ANNEXED AND EXTENDING THE CORPORATE LIMITS OF THE CITY OF SAN ANGELO, TEXAS TO INCLUDE THE ANNEXED TERRITORY; PROVIDING A SERVICE PLAN THEREFORE; OBLIGATING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO-RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS DUTIES AND RESPONSIBILITIES OF INHABITANTS AND OWNERS OF SAID TERRITORY; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATEAn ordinance annexing approximately 1310 acres located northeast of San Angelo’s existing citylimits, encompassing an area south of East Farm to Market Road 2105, beginning at a pointalong San Angelo’s existing city limits line, said points begin approximately 1290 feet east of theintersection of East 37th Street and Pruitt Road, which extends along San Angelo’s existing citylimits for approximately 11080 feet, including an approximately 1.68-mile segment of right-of-wayof Old Ballinger Highway, an approximately 1.64-mile segment of Covington Road, anapproximately 0.48-mile segment of right-of-way of East Farm to Market Road 2105, anapproximately 0.50-mile segment of right-of-way of East 50th Street, an approximately 0.61-milesegment of right-of-way of North US Highway 277, and an area of 200 acres northeast of theintersection of San Angelo’s existing city limits line and North US Highway 277, all as moreparticularly described in E A, attached hereto. WHEREAS, the City of San Angelo, Texas is a home-rule municipality authorized byState law and the City Charter to annex territory lying adjacent and contiguous to the corporatelimits of said City of San Angelo, Texas; and, WHEREAS, the Planning Division of the City’s Community and Economic DevelopmentDepartment caused to be mailed to all owners of real property, to utilities, school districts, firedepartments, and railroads, within the territory to be annexed, notices regarding the annexation,and provided such other notice and complied with provisions for annexation required by law;and, WHEREAS, three public hearings have been held, at San Angelo’s McNeaseConvention Center, the first on November 1st of 2011, the second on November 15th of 2011,
  • 265. and the third on December 6th of 2011, at which all interested persons were provided anopportunity to be heard on the proposed annexation of property and territory herein described;and, WHEREAS, a service plan has been prepared that provides for the extension ofappropriate municipal services into the area herein described, which plan is attached hereto asE B, and the City of San Angelo is able to provide such services; and, WHEREAS, the herein described property and territory is not within the boundaries ofany other municipality, lies within the extraterritorial jurisdiction of the City of San Angelo, Texas,and lies adjacent to and adjoins the present boundaries of the City of San Angelo;NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO;Section 1. That all of the above premises are found to be true and correct and areincorporated into the body of this ordinance as if copied in their entirety.Section 2. That the property described in E A which is attached hereto andincorporated herein for all purposes, said territory lying adjacent to and adjoining the presentboundaries of the City of San Angelo, Texas, be and is hereby added and annexed to the City ofSan Angelo, and said territory hereinafter described shall hereafter be included within thecorporate limits of the City of San Angelo, and the present boundary lines of said City, at variouspoints contiguous to the area hereinafter described, are altered and amended so as to includesaid area within the corporate limits of the City of San Angelo.Section 3. That the service plan attached hereto as E B is hereby approved and isincorporated into this ordinance as if it were recited herein. The City of San Angelo makes anaffirmative determination that this service plan provides for services to the annexed area whichare comparable to other areas within the City of San Angelo with similar land utilization,population density and topography. It is further found that those characteristics of land use,population density and topography which distinguish this territory from other areas of San Angeloare considered a sufficient basis for providing a different level of services in the annexedterritory.Section 4. That the annexed territory described above is a part of the City of San Angelo forall purposes, and the property situated therein shall bear its pro rata part of taxes levied by theCity of San Angelo, and shall be entitled to the same rights and privileges, bound by the sameduties and responsibilities as other property within the corporate limits.Section 5. That the inhabitants residing and owners of property within the confines of theannexed territory shall be entitled to all the rights and privileges of all the other citizens andproperty owners of San Angelo and shall be bound by the Charter, Ordinances, Resolutions andother regulations of the City of San Angelo.Section 6. That the official map and boundaries of the City of San Angelo, Texas, heretoforeadopted and amended, shall be and are hereby amended so as to include the aforementionedterritory as part of the City of San Angelo, Texas.
  • 266. Section 7. That if any portion, provision, section, subsection, sentence, clause or phrase ofthis ordinance (or the application of same to any person or set of circumstances) is for anyreason held to be unconstitutional, void, or invalid, the validity of the remaining portions of thisordinance (or their application to other persons or sets of circumstances) shall not be affectedthereby, it being the intent of City Council in adopting this ordinance, that no portion thereof orprovision contained herein shall become inoperative or fail by reason of any unconstitutionality ofany other portion hereof, and all provisions of this ordinance are declared to be severable for thatpurpose.Section 8. That this ordinance will become effective on the day of its adoption.INTRODUCED on the 6th day of December, 2011, and finally PASSED, APPROVED ANDADOPTED on this the 20th day of December, 2011. THE CITY OF SAN ANGELO by:______________________________________ Alvin New, MayorATTEST:by:_________________________________ Alicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMShawn Lewis, Director of Community & Lysia H. Bowling, City AttorneyEconomic Development
  • 267. E HIBIT A S A ,T G C ,TLEGAL DESCRIPTION OF THE ENCOMPASSED AREA BY ANNE ATION OF LANDLOCATED NORTHEAST OF SAN ANGELO S E ISTING CITY LIMITS:BEING an area of 1336.04 acres of land out of J. Fenner Survey 1, Abstract 4985, Wm.Bullock Survey 10, Abstract 8134, Mrs. Julia A. Egglestone Survey 2, Abstract 4984, J.Pointevent Survey 1113, Abstract 4873, Washington County Railroad Co. Survey 179,Abstract 4032 and Washington County Railroad Co. Survey 178, Abstract 8474, Tom GreenCounty, Texas and being more particularly described by metes and bounds as follows:BEGINNING at a point on San Angelo’s existing city limits line, said point being the southerncorner of Tract A, Paul Gregory Addition, Section One, as recorded in Volume 4, Page 245of the County Clerk’s Plat Records for Tom Green County, Texas;THENCE following the existing city limits line and the northwest right of way line of U.S.Hwy. 67 & 277 and the east line of said Paul Gregory Addition, Section One and SectionTwo, N.32°48’30” E. a distance of 1607.63 feet to a point being a northwesterly projection ofthe southwest boundary of a certain 200 acre tract conveyed from the City of San Angelo toTom Green County as described in deed recorded in Volume 577, Page 71 of the OfficialPublic Records of Tom Green County, Texas;THENCE following the existing city limits line and crossing U.S. Hwy. 67 & 277, S. 57°13’37”E. a distance of 355.29 feet intersecting the southeast right-of-way line of U.S. Hwy. 67, saidpoint being the west corner of said 200 acre tract and the north corner of a certain 22.27acre tract conveyed from Pride Companies, L.P. to Delek Marketing & Supply, L.P. asdescribed in deed recorded in Instrument No. 615910 of the Official Public Records of TomGreen County, Texas, in all a distance of 2675.62 feet to the south corner of said 200 acretract;THENCE along the southeast line of said 200 acre tract, N. 32°46’23” E. a distance of4263.23 feet to the east corner of said 200 acre tract;THENCE along the northeast line of said 200 acre tract, N. 57°13’37” W. a distance of1994.86 feet to the northernmost corner of said 200 acre tract and the southeast corner of acertain 4.370 acre tract as described in deed from Norwest Bank Texas, N.A. to Marvin V.Blumentritt as recorded in Volume 619, Page 257 of the Official Public Records of TomGreen County, Texas;THENCE along the south line of said 4.370 acre tract and northwest line of said 200 acretract, S. 70°21’11” W. a distance of 553.06 feet to a point on the southeast right of way lineof U.S. Hwy. 67 & 277;THENCE along the southeast right of way line of U.S. Hwy. 67 & 277 and northwest line ofsaid 200 acre tract, S. 27°59’12” W. a distance of 184.45 feet;
  • 268. THENCE along the southeast right of way line of U.S. Hwy. 67 & 277 and northwest line ofsaid 200 acre tract, S. 32°48’45” W. a distance of 325.15 feet;THENCE crossing U.S. Hwy. 67 & 277, N. 85°28’47” W. a distance of 804.47 feet to thenorthwest right-of-way line of U.S. Hwy. 67 & 277 and the northeast corner of Tract I, PaulGregory Addition, Section Two as recorded in Volume 4, Page 414 of the Plat Records ofTom Green County, Texas, and the southeast corner of a certain 167.292 acre tractdescribed in Exhibit ‘H’ in Instrument No. 648798 of the Official Public Records of TomGreen County, Texas;THENCE along the west right-of-way line of U.S. Hwy 277 and east line of said 167.292acre tract following a curve to the left, having a radius of 3703.62 feet, central angle of7°25’37”, arc length of 480.08 feet, and whose long chord bears N. 3°51’25” E. a distance of479.74 feet;THENCE continuing along the west right-of-way line of U.S. Hwy 277 and east line of said167.292 acre tract, N. 0°08’47” E. a distance of 540.83 feet;THENCE continuing along the west right-of-way line of U.S. Hwy 277 and east line of said167.292 acre tract, N. 9°05’24” W. a distance of 405.25 feet;THENCE continuing along the west right-of-way line of U.S. Hwy 277 and east line of said167.292 acre tract, N. 0°08’36” E. a distance of 1125.25 feet to the northeast corner of said167.292 acre tract;THENCE crossing Old Ballinger Hwy. and South Orient Railroad, N. 2°47’09” W. a distanceof 284.87 feet to the southeast corner of a certain 501.327 acre tract conveyed fromNorwest Bank Texas, N.A. to Wilbert B. Block as recorded in Volume 588, Page 84 of theOfficial Public Records of Tom Green County, Texas;THENCE along the northwest right-of-way line of South Orient Railroad and southeast lineof said 501.327 acre tract, S. 53°48’10” W. a distance of 3759.22 feet to the southwestcorner of said 501.327 acre tract and the southeast corner of a certain 4.000 acre tractconveyed from Glenda Martindale to Martin Sprocket & Gear, Inc. as recorded in Volume663, Page 404 of the Official Public Records of Tom Green County, Texas;THENCE with the east line of said 4.000 acre tract, N.0°19’19” E. a distance of 229.75 feetto the northeast corner of said 4.000 acre tract;THENCE with the north line of said 4.000 acre tract, S. 53°48’10” W. a distance of 943.33feet to the northwest corner of said 4.000 acre tract;THENCE with the west line of said 4.000 acre tract, S. 0°19’19” W. a distance of 229.75 feetto the southwest corner of said 4.00 acre tract and in the northwest right-of-way line of SouthOrient Railroad;
  • 269. THENCE with the northwest right-of-way line of South Orient Railroad, S. 53°48’10” W. adistance of 942.28 feet to the intersection of the east right-of-way line of Covington Roadand the southwest corner of a certain 93.881 acre tract conveyed from Glenda Martindale toMartin Sprocket & Gear, Inc. as recorded in Volume 671, Page 675 of the Official PublicRecord of Tom Green County, Texas;THENCE with the east right-of-way line of Covington Road and west line of said 93.881 acretract, N. 0°13’24” E. a distance of 3366.92 feet to the northwest corner of said 93.881 acretract and a southwest corner of said 501.327 acre tract;THENCE along the east right-of-way line of Covington Road and with the west line of said501.327 acre tract, N. 0°13’24” E. at 3970.78 feet past the northwest corner of said 501.327acre tract and the south right-of-way line of Motl Road, in all a distance of 4020.78 feet to thesouthwest corner of Tract D, Leon A. Burk Subdivision as recorded in Volume 4, Page 362of the Plat Records of Tom Green County, Texas;THENCE along the east right-of-way line of Covington Road and east line of said Leon A.Burk Subdivision, N. 0°08’09” E. a distance of 1211.84 feet to the northwest corner of saidLeon A. Burk Subdivision and the south right-of-way line of F.M. Hwy. 2105;THENCE with the south right-of-way line of F.M. Hwy. 2105, N. 89°44’40” W. at 22.34 feetpast the northeast corner of a certain 316.879 acre tract conveyed from Frank Book, Jr. tothe City of San Angelo as recorded in Volume 1230, Page 827 of the Official Public Recordsof Tom Green County, Texas, in all 2637.00 feet;THENCE continuing with the south right-of-way line of F.M. Hwy. 2105, N. 89°44’33” W. adistance of 14.83 feet to the northwest corner of said 316.879 acre tract;THENCE along the west line of said 316.879 acre tract, S. 0°25’03” W. a distance of5237.90 feet to the southwest corner of said 316.879 acre tract;THENCE crossing East 50th Street, S. 32°25’52” W. a distance of 29.77 feet to thenorthwest corner of a certain 131 acre tract conveyed from The First City National Bank ofSan Angelo to the City of San Angelo as recorded in Volume 669, Page 562, Deed Recordof Tom Green County, Texas;THENCE along the west line of said 131 acre tract, S. 0°15’01” W. a distance of 4920.59feet to the northeast corner of a certain 11.877 acre tract conveyed from Lazy E FamilyLimited Partnership to Angelo Pellets, Inc. as recorded in Volume 793, Page 938 of theOfficial Public Records of Tom Green County, Texas;THENCE with the north line of said 11.877 acre tract, N. 89°51’58” W. a distance of 545.46feet;THENCE continuing with the north line of said 11.877 acre tract, N. 0°08’22” W. a distanceof 100.25 feet to the most northern northeast corner of said 11.877 acre tract;
  • 270. THENCE continuing with the north line of said 11.877 acre tract, N. 89°51’58” W. a distanceof 759.89 feet to the northwest corner of said 11.877 acre tract;THENCE with the west line of 11.877 acre tract, S. 2°05’33” E. a distance of 441.42 feet, tothe existing city limits line;THENCE along the existing city limits line and along the south line of said 11.877 acre tract,S. 89°51’58” E. a distance of 1287.99 feet to the southeast corner of said 11.877 acre tractand the southwest corner of said 131 acre tract;THENCE along the existing city limits line and south line of said 131 acre tract, S. 89°52’04”E. a distance of 103.64 feet to the north right-of-way line of South Orient Railroad;THENCE with the existing city limits line and crossing South Orient Railroad and OldBallinger Highway, N. 87°28’49” E. a distance of 327.09 feet to the southeast right-of-wayline of Old Ballinger Highway and the northwest corner of Lot 1 in Block 1 of the MartiferAddition, as shown on the subdivision plat of Martifer Addition, Section One, which isrecorded on Slide 191 in Cabinet G of Plat Records for Tom Green County, Texas;THENCE along an existing City limits line, S. 89º 35’ 45” E. for a distance of 1038.96,coinciding with a north boundary of Lot 1 in Block 1 of said Martifer Addition, the same pointbeing the southwest corner of Tract 1 in the N.A. Austin Subdivision, a plat of which isrecorded on Page 645 in Volume 154 of Deed Records on Slide 61 in Cabinet G of PlatRecords for Tom Green County, Texas;THENCE along an existing City limits line, S. 89º 21’ 43” E. for a distance of 1198.78 feet,coinciding with another north boundary of Lot 1 in said Block 1, to the most northerlynortheast corner of said Lot 1 in Block 1 of the Martifer Addition, the same point also beingthe southernmost southeast corner of Tract 3 in the N. A. Austin Subdivision, a plat of whichis recorded on Page 645 in Volume 154 of Deed Records on Slide 61 in Cabinet G of PlatRecords for Tom Green County, Texas;THENCE along an existing City limits line, S. 57º 11’ 30” E. for a distance of 518.27 feet,coinciding with a northeast boundary of Lot 1 in Block 1 of said Martifer Addition, to anotherpoint along the combined northeast boundaries of Lot 1 in said Block 1;THENCE along an existing City limits line, S. 57º 10’ 02” E. for a distance of 998.39 feet,coinciding with another northeast boundary of said Lot 1, to a point at the southwest cornerof right-of-way dedicated for Smith Drive on the subdivision plat of Paul Gregory Addition,Section One, which said plat is recorded on Page 245 in Volume 4 on Slide 246 in CabinetC of Plat Records for Tom Green County, Texas, said point also being at the intersection oftwo northeast boundaries of Lot 1 in Block 1 of the Martifer Addition;THENCE along an existing City limits line, S. 57º 11” 28” E. coinciding with the south line ofright-of-way dedicated for Smith Drive on the subdivision plat of Paul Gregory Addition,
  • 271. Section One, which said plat is recorded on Page 245 in Volume 4 on Slide 246 in CabinetC of Plat Records for Tom Green County, Texas, at 40.23 feet past the most easterlynortheast corner of Lot 1 in Block 1 of the Martifer Addition, in all 80.46 feet to the southwestcorner of Tract G in said Paul Gregory Addition, as shown on the subdivision plat of PaulGregory Addition, Section One;THENCE along an existing City limits line, S. 57º 11’ 30” E. coinciding with the southboundary of all 38.003 acres encompassed by the subdivision shown on the recorded plat ofPaul Gregory Addition, Section One, 590.81 feet past the southeast corner of Tract G in thePaul Gregory Addition and 670.81 feet past the southwest corner of Tract A in the PaulGregory Addition, in all 1330.81 feet to the POINT OF BEGINNING and containing an areaof 1336.04 acres of land.
  • 272. E HIBIT B P 3 : 2 .F S , B S , 32 M . A. E S 2, 2 . P S 3, 3 W C R C . S , 4 , T G C ,T , C S A D 2 ,2 .SER ICES PRO IDED ON WITHIN SI TY DAYS FOLLOWING THE EFFECTI EDATE OF ANNE ATION: . POLICE PROTECTION The City of San Angelo, Texas and its Police Department will provide policeprotection to the newly annexed territory at the same or similar service now being providedto other areas of the City of San Angelo, Texas which exhibit land use and populationdensities similar to that of the newly annexed area.2. FIRE PROTECTION AND EMERGENCY MEDICAL SER ICE The City of San Angelo, Texas and its Fire Department will provide fire protectionand emergency medical service to the newly annexed territory at the same or similar level ofservice now being provided to other areas of the City of San Angelo, Texas which exhibitland use and population densities similar to that of the newly annexed area. Furthermore,the City of San Angelo Fire Department will respond to all dispatched calls (including thosefor emergency medical services) and other requests for service or assistance within thenewly annexed area, the same as it would within other areas inside the City limits of SanAngelo.3. SOLID WASTE COLLECTION At the present time, the City of San Angelo, Texas is utilizing a designated, specificcontractor for collection of solid waste and refuse within the City limits of San Angelo. Suchcontract for solid waste collection is with Trashaway Services, Incorporated. Upon paymentof required deposits and agreement to pay lawful service fees and charges, solid wastecollection will be provided to all residents, businesses and other users of property in thenewly annexed area, to the extent the City’s contractor has access to such propertyrequested to be serviced.4. MAINTAINING WATER AND WASTEWATER FACILITIES During the next 3 years, the City Council of the City of San Angelo, Texas will makearrangements to extend water mains, to serve the newly annexed area. The City Council forthe City of San Angelo, Texas believe that adequate sewer mains exist for point-of-useconnection and serviceable extensions, to provide sewer service within the newly annexed
  • 273. territory, extending such mains pursuant to applicable utility extension policies and/orordinances of the City of San Angelo, now existing or as such polices and/or ordinancesmay be amended. . MAINTAINING ROADS, STREETS AND ALLEYWAYS Any and all roads, streets or alleyways which have been dedicated to the public shallbe maintained to the same degree and extent that other roads, streets and alleyways aremaintained in areas with similar land use, population density and topography. Municipal maintenance of properly dedicated roads, streets and alleyways (whichmay be installed by developers of land within this newly annexed territory) will be consistentwith such maintenance provided by the City of San Angelo to other roads, streets andalleyways in areas exhibiting land use, population densities and topography similar to that ofthe newly annexed area. Any and all lighting of roads, streets and alleyways which may be positioned in aright-of-way, roadway or utility company easement shall be maintained by the applicableelectric utility company (or companies) servicing the City of San Angelo, Texas, pursuant toapplicable rules, regulations and fees of such applicable utility (or utilities). . MAINTAINING PARKS, PLAYGROUNDS AND SWIMMING POOLS The City Council of the City of San Angelo, Texas is not aware of the existence ofany parks, playgrounds or public swimming pools now located in the newly annexedterritory. In the event any such parks, playgrounds or swimming pools do exist and arepublic facilities, the City of San Angelo shall maintain such areas to the same extent anddegree that it maintains parks, playgrounds and swimming pools and other similar municipalfacilities now incorporated in the City of San Angelo, Texas. . MAINTAINING OTHER PUBLICLY OWNED FACILITIES OR BUILDINGS The City Council of the City of San Angelo, Texas is not aware of the existence ofany publicly-owned facility or building now located in the area proposed for annexation. Inthe event any such publicly-owned facility or building does exist and are public facilities orbuildings, the City of San Angelo shall maintain such facilities or buildings to the same extentand degree that it maintains similar municipal facilities and buildings now incorporated in theCity of San Angelo, Texas.CONSTRUCTION OF CAPITAL IMPRO EMENTS TO BEGIN WITHIN 3 YEARSFOLLOWING THE EFFECTI E DATE OF ANNE ATION: . POLICE PROTECTION, FIRE PROTECTION, EMERGENCY MEDICAL SER ICES AND OR SOLID WASTE COLLECTION
  • 274. The City Council of the City of San Angelo, Texas finds and determines it to beunnecessary to acquire or construct any capital improvement within 3 years following theeffective date of annexing the subject territory, for the purpose of providing police and fireprotection, emergency medical services and/or solid waste collection. The City Council findsand determines that it has at the present time adequate facilities to provide comparablelevels of protection and service to what is presently being provided to other areas alreadyincorporated in the City of San Angelo, Texas, having the same or similar land use,population density and topography as that of the newly annexed territory.2. WATER AND WASTEWATER FACILITIES During the next 3 years, the City Council of the City of San Angelo, Texas believesthat adequate municipal water and sewer mains exist for point-of-use connections andserviceable extensions, to provide both water and sewer service within the newly annexedterritory, pursuant to applicable utility extension policies and/or ordinances of the City of SanAngelo, now existing or as such policies and/or ordinances may be amended.3. ROADS AND STREETS Developers of land within the newly annexed territory will be required to provideinternal streets (and to improve peripheral or boundary streets) in accordance withapplicable ordinances of the City of San Angelo, and such street improvements shall complywith specifications required by the City of San Angelo, for properly dedicated streets. Within 3 years following the effective date of annexation, the City of San Angelo,Texas, with a cooperative effort by the City’s designated electric utility company (orcompanies), will undertake to provide the same degree of road and street lighting as isprovided in areas of similar land use, population and topography already existing within thepresent corporate limits of the City of San Angelo, Texas.4. PARKS, PLAYGROUNDS AND SWIMMING POOLS, AS WELL AS OTHER PUBLIC FACILITIES OR BUILDINGS To the extent that it becomes necessary because of development demands,population growth and bona fide needs, the City Council of the City of San Angelo, Texaswill undertake to provide any such facility which it deems necessary to adequately providefor the health and safety of citizens in the newly annexed territory, based upon standardconsiderations of land use, population density and topography.SPECIFIC FINDINGS: The City Council of the City of San Angelo, Texas finds and determines that thisService Plan will not provide any fewer services nor will it provide a lower level of service, inthe newly annexed territory, than were in existence at the time immediately preceding thisterritory’s annexation to the City of San Angelo, Texas.
  • 275. City of San AngeloMemo Date: November 8, 2011 To: Mayor and Councilmembers From: Robert A. Schneeman, Development Coordinator Subject: Agenda Item for 2 2 Council Meeting Contact: Robert Schneeman or Shawn Lewis 657-4210 Caption: Regular Agenda Item Consideration and possible action regarding the approval of a Street Use License Agreement between the City of San Angelo and Phyllis Cox granting the use of a portion of the public right of way located immediately in front of 123 South Chadbourne Street for use as an outdoor seating area including the construction of a 42 inch high wrought fence enclosing the area to be licensed and authorizing the City Manager to sign the associated documents Summary: The applicant, Ms. Phyllis Cox is requesting the issuance of a Street Use License for the use of a portion of the right of way in South Chadbourne Street. The area to be licensed for her use is located immediately in front of her business at 123 South Chadbourne Street, the business being the House of FiFi DuBois. History: On November 1, 2011 the applicant requested of staff information regarding permit requirements for a proposed seating area enclosure to be located within the public right of way of South Chadbourne Street. The proposed area is located immediately in front of the applicant’s business at 123 South Chadbourne Street, the business being the House of FiFi Dubois. The area is proposed to be enclosed by a 42 inch high wrought iron fence to be affixed to the concrete sidewalk and will be used for customer seating. Financial Impact: None Related Vision Item (if applicable): Other Information/ Staff recommends approval Recommendation: Attachments: Resolution , Map, Rendering, Insurance Requirements, and Agreement Presentation: Publication: Reviewed by Shawn Lewis Director: Approved by Legal: Adopted: 5/30/03 Revised: 6/21/10
  • 276. EXHIBIT C TEMPORARY NONEXCLUSIVE SIDEWALK USE LICENSE AGREEMENT INSURANCE REQUIREMENTS1. INDEMNIFICATION. 1.1 GENERAL INDEMNIFICATION. LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF LICENSEE OR CITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF LICENSEE, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF LICENSEE AND ANY OTHER ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS CONTRACT OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY LICENSEE HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS CONTRACT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE LICENSEE TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 1.3 PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR IN THIS CONTRACT SHALL SURVIVE THE EXPIRATION OF THIS CONTRACT AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE TERM OF THIS CONTRACT BUT THEREAFTER SO LONG AS ANY LIABILITY (INCLUDING BUT NOT LIMITED TO LIABILITY FOR CLOSURE AND POST CLOSURE COSTS) COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OF LICENSEE IN PERFORMING UNDER THIS CONTRACT.2. Insurance. 2.1 General Conditions. The following conditions shall apply to all insurance policies obtained by Licensee for the
  • 277. purpose of complying with this Contract.2.1.1 Satisfactory Companies. Coverage shall be maintained with insurers and under forms of policies satisfactory to City and with insurers licensed to do business in Texas.2.1.2 Named Insureds. All insurance policies required herein shall be drawn in the name of Licensee, with City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees named as additional insureds, except on Workers’ Compensation coverage.2.1.3 Waiver of Subrogation. Licensee shall require its insurance carrier(s), with respect to all insurance policies, to waive all rights of subrogation against City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees.2.1.4 Certificates of Insurance. At or before the time of execution of this Contract, Licensee 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, Licensee and insurance company shall immediately provide written notice to City’s Risk Manager upon receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. Copies of required endorsements will be attached to the certificates to confirm the required endorsements are in effect. Certificates of insurance and notices of cancellations, terminations or alterations shall be furnished to City’s Risk Manager at City Hall, P.O. Box 1751, San Angelo, Texas 769022.1.5 Licensee’s Liability. The procurement of such policy of insurance shall not be construed to be a limitation upon
  • 278. Licensee’s liability or as a full performance on its part of the indemnification provisions of this Contract. Licensee’s obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury or loss caused by or attributable to its activities conducted at or upon the premises. Failure of Licensee to maintain adequate coverage shall not relieve Licensee of any contractual responsibility or obligation.2.1.6 Sub-Licensees’ Insurance. Licensee shall cause each Sub- Licensee and Sub-Sub-Licensee of Licensee to purchase and maintain insurance of the types and in the amounts specified below. Licensee shall require Sub-Licensees and Sub-sub- Licensees to furnish copies of certificates of insurance to Licensee’s Risk Manager evidencing coverage for each Sub- Licensee and Sub-Sub-Licensee. 2.2 Types and Amounts of Insurance Required. Licensee shall obtain and continuously maintain in effect at all times during the term hereof, at Licensee’s sole expense, insurance coverages as follows with limits not less than those set forth below:2.2.1 Commercial General Liability. This policy shall be an occurrence-type policy and shall protect the Licensee and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than the Licensee’s employees) and damage to property of the City or others arising out of the act or omission of the Licensee or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by Licensee under the paragraph of this Contract entitled “Indemnification.” Coverage shall not be less than: $ 1,000,000.00 General Aggregate $ 1,000,000.00 Each Occurrence2.2.7 Liquor Liability. This insurance shall be in comprehensive form and shall protect the Licensee and the additional insureds against all claims arising from bodily injury,
  • 279. sickness, disease or death of any person (other thanLicensee’s employees) or damage to the property of others,which arises out of the sale or distribution of alcoholicbeverages. Coverage shall be no less than:$1,000,000.00 Combined Single Limit, each occurrence
  • 280. THE STATE OF TEXAS §TOM GREEN COUNTY § TEMPORARY NONEXCLUSIVE SIDEWALK USE LICENSE AGREEMENT THIS TEMPORARY NONEXCLUSIVE SIDEWALK USE LICENSE AGREEMENT, hereinafter referred to as “License”, effective the day of 2011, by and between the CITY OF SAN ANGELO, a home rule municipal corporation situated in Tom Green County, hereinafter referred to as “Licensor” or “City”, having a mailing address of P.O. Box 1751, San Angelo, Texas 76902 Texas, and PHYLLIS COX, hereinafter referred to as “Licensee”, 123 S. Chadbourne, San Angelo, Texas 76903.WITNESSETH: That Licensor, for consideration of ten dollars ($10.00) and other good and valuable consideration the receipt of which is hereby acknowledged, does hereby grant to Licensee the non-exclusive,temporary, revocable right, privilege and license to use the following described property located in Tom Green County, Texas, hereinafter referred to as the “Licensed Premises”, and being more particularly described as follows: That portion of the South Chadbourne Street sidewalk right-of-way described as the westerly nine feet (9’) of the South Chadbourne Street right of way beginning at the extended north line of the south 25 feet of Lot 10, Block 8, Main Part of the City of San Angelo, Tom Green County, Texas, and extending southwesterly a distance of 33.50 feet along the west boundary of said street right-of-way, comprising 301.50 square feet more or less, as depicted on Exhibit A attached”. for the “Permitted Use” as set forth herein, commencing from the foregoing effective date, and subject to the conditions, restrictions, covenants and exceptions set forth in this License.1. Permitted Use: The Licensed Premises shall be used for operation by the Licensee of a sidewalk café or lounge, to include the dispensing, sale and consumption of alcoholic beverages in compliance with all applicable state law and City Ordinances.
  • 281. 2. Term: The License shall commence on the effective date hereof and continue for a period of years to , 20 , at which time this License shall automatically terminate if not sooner terminated as herein provided.3. Non-exclusive License: This license is non-exclusive and is made expressly subject and subordinate to the right of the City to use the licensed area for any public purpose.4. Reservation of Right of Termination. (a) The City Council of the City of San Angelo reserves the right to terminate and cancel this License by resolution passed by said Governing Body upon a finding that the License is inconsistent with the public use of the Licensed Premises or whenever the purpose or use of the License is or has become a nuisance as determined in the discretion of the City Council, and all rights granted hereunder shall thereupon be considered fully terminated and canceled and the City shall not be held liable by reason thereof. The parties hereto concur that said resolution shall be final and shall not be subject to review by the Courts. (b) Notwithstanding the provisions of Paragraph 4(a) above, Licensee and Licensor shall each have the right of cancellation of this License upon giving the other party sixty (60) days written notice of the party’s intention to cancel. (c) Upon termination or cancellation by City or Licensee, this License shall become null and void and Licensee or anyone claiming any rights under this instrument shall remove, to the extent required by City, any or all improvements, appurtenances and encroachments owned by Licensee from the Licensed Premises at Licensee’s expense, and shall restore the Licensed Premises to its condition at the effective date of this License at the sole cost of the Licensee. In the event that Licensee shall fail to remove its improvements, appurtenances and encroachments as required and to restore the Licensed Premises, City shall have the right to do the necessary work to remove said improvements, appurtenances and encroachments and to restore the Leased Premises to its condition at the effective date of this License, or to cause such work to be done, and to assess reasonable allocated costs or the incurred cost of all such work against Licensee.5. Fixtures: Licensee may install a hand railing as more particularly described on Exhibit B attached and made a part hereof for all purposes. Licensee shall not install any additional permanent fixtures without first securing the written permission of City.6. Codes, Ordinances and Regulations: Licensee shall comply with all applicable codes, ordinances and regulations of local, state and federal governments in the exercise of its use of the Licensed Premises. This requirement shall include, but not be limited to,
  • 282. compliance at all times with the Texas Architectural Barriers Act, Texas Accessibility Standards, Americans with Disabilities Act, as well as local ordinances and regulations relating to occupancy loads and unobstructed passage ways, entrances and exits.7. Improvements and Maintenance. It is further understood that if and when the City, in the exercise of its discretion, shall determine that the grade of any street or sidewalk should be modified or changed, or that any other work should be done in connection with any public improvement which will affect the Licensed Premises, Licensee’s improvements or appurtenances thereon, or the use thereof by Licensee, City may proceed with such improvement or work without liability to Licensee. Further, any modifications or changes to Licensee’s facilities in the licensed area or in construction or reconstruction of any public improvement attributable to Licensee’s use of the licensed area and/or its installations and improvements shall be made at the sole expense of Licensee and to the satisfaction of City.8. INSURANCE AND INDEMNIFICATION. At such time as this license is granted, it is agreed that Licensee shall hold harmless and indemnify City and procure and keep in full force and effect Insurance coverage of the kind and in the minimum amounts, all as set forth in Exhibit C, attached and made a part hereof for all purposes, which provisions shall survive termination or expiration of the term of this License Agreement.9. Reservations. This License is subject to any existing utilities or communication facilities, including drainage, presently located within or about the Licensed Premises, owned or operated by the City or any utility or communications company, public or private, and to any vested rights presently owned by any utility or communications company, public or private, for the use of the Licensed Premises for facilities presently located within the boundaries of said Licensed Premises. No improvement or appurtenance shall be constructed or placed upon, over or across the Licensed Premises in such a manner as to interfere with the operation of any utilities or communication facilities. All and any communication company and utility, both public and private, shall have the right to remove and keep removed all or parts of any improvement or appurtenance which may in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems within the Licensed Premises. All communication companies and utilities, both public and private, shall have the full right to remove and keep removed all parts of any improvements or appurtenances which in any way may endanger or interfere with the construction, maintenance and efficiency of its respective system and shall at all times have the full right of ingress and egress to or from and upon the Licensed Premises for the purpose of constructing, relocating, inspecting, patrolling, maintaining and adding
  • 283. to or removing all or part of its respective systems without the necessity at any time ofprocuring the permission of Licensee.Successors and Assigns. The terms of this License shall be binding upon the Licenseeand Licensee’s successors and assigns.Non-assignable. This License may not be assigned by Licensee without the prior writtenapproval from the City. The assignee shall deliver a copy of the assignment, along withthe assignee’s written acceptance of the provisions of this License, to the Director ofCommunity and Economic Development for the City of San Angelo, or his designee,within ten (10) days of such assignment. Should Licensee fail to obtain prior writtenapproval for assignment of this License or fail to provide the City with the requiredwritten acceptance and a copy of the assignment as provided, the Director of CommunityDevelopment, or
  • 284. his designee, may terminate this License. IN WITNESS WHEREOF, the parties hereto have caused this amendment to the originalAgreement to be executed in duplicate and intend to be legally bound thereby. LICENSOR: CITY OF SAN ANGELO BY:ATTEST: Harold Dominguez, City Manager Date: , 2011Alicia Ramirez, City Clerk LICENSEE: Phyllis Cox Date: , 2011STATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____ day of ________________, 2011, byHarold Dominguez, City Manager of the CITY OF SAN ANGELO, a Texas home rule municipalcorporation, on behalf of said corporation pursuant to resolution of its governing body. Notary Public, State of TexasSTATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the day of , 2011, by Phyllis Cox. ___________________________________ Notary Public, State of TexasAPPROVED AS TO FORM: APPROVED AS TO CONTENT:Dan T. Saluri, Sr. Asst. City Atty. Shawn Lewis, Dir. of Community & Economic Development
  • 285. A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER OR HIS DESIGINEE TO EXECUTE A TEMPORARY NONEXCLUSIVE SIDEWALK USE LICENSE AGREEMENT WITH PHYLLIS COX FOR SIDEWALK CAFÉ OR LOUNGE USE AT 123 AND 125 S. CHADBOURNE STREET AND SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY OR CONVENIENT FOR CARRYING OUT SUCH PURPOSES; AND, FINDING A PUBLIC PURPOSE AND BENEFIT THEREIN WHEREAS, Phyllis Cox, the applicant for license is the owner of certain real propertycommonly known as 123 and 125 S. Chadbourne Street, San Angelo, Tom Green County, Texas;and, WHEREAS, applicant would like to utilize a designated portion of the sidewalk right-of-way along the west side of 123 to 125 S. Chadbourne Street for purposes of operating a sidewalkcafé or lounge, to include the dispensing, sale and consumption of alcoholic beverages incompliance with all applicable state law and City ordinances; and, WHEREAS, said real property is located within the Central Business District andDowntown Development District; and, WHEREAS, use of a designated portion of the sidewalk right-of-way along the west sideof 123 to 125 S. Chadbourne Street for purposes of operating a sidewalk café or lounge would beconsistent with and beneficial to the development of the Central Business District and thedevelopment of the 100 block of S. Chadbourne Street; and, WHEREAS, the City Council has determined that the granting of the application for atemporary nonexclusive sidewalk use license for purposes of a sidewalk café or lounge at 123 to125 S. Chadbourne Street for a portion of the sidewalk area as described more particularly inExhibit A, attached hereto, would be in the public interest and benefit: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO, TEXAS THAT: All of the recitals hereinabove stated are found to be true and correct and are incorporatedherein and made a part of this resolution. The City Council of the City of San Angelo, Texas, hereby determines that there is apublic necessity for, and the public welfare and convenience will be served by, granting of theapplication made by Phyllis Cox for a temporary nonexclusive sidewalk use license for purposesof a sidewalk café or lounge, to include the dispensing, sale and consumption of alcoholicbeverages in compliance with all applicable state law and City ordinances, at 123 to 125 S.Chadbourne Street, applicable to a portion of the sidewalk area as described more particularly inExhibit A, attached hereto and made a part hereof for all purposes.
  • 286. The City Manager or his designee is hereby authorized to negotiate and execute on behalfof the City of San Angelo a Temporary Nonexclusive Sidewalk Use License Agreement withPhyllis Cox for purposes of a sidewalk café or lounge at 123 to 125 S. Chadbourne Street,applicable to a portion of the sidewalk area as described more particularly in Exhibit A, attachedhereto, and such other instruments as may be necessary or convenient for carrying out suchpurposes. PASSED and APPROVED THIS DAY OF , 2011. THE CITY OF SAN ANGELO Alvin New, MayorAttest:Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:______________________________ ______________________________Lysia H. Bowling, City Attorney Shawn Lewis, Dir. of Community and Economic Development
  • 287. EXHIBIT A Page 1 of 2 pages A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER OR HIS DESIGINEE TO EXECUTE A TEMPORARY NONEXCLUSIVE SIDEWALK USE LICENSE AGREEMENT WITH PHYLLIS COX FOR SIDEWALK CAFÉ OR LOUNGE USE AT 123 AND 125 S. CHADBOURNE STREET AND SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY OR CONVENIENT FOR CARRYING OUT SUCH PURPOSES; AND, FINDING A PUBLIC PURPOSE AND BENEFIT THEREIN The Licensed Premises shall consist of that portion of the sidewalk area at 123 and 125 S/Chadbourne Street, City of San Angelo, Tom Green County, Texas, more particularly describedas follows: That portion of the South Chadbourne Street sidewalk right-of-way described as the westerly nine feet (9’) of the South Chadbourne Street right of way beginning at the extended north line of the south 25 feet of Lot 10, Block 8, Main Part of the City of San Angelo, Tom Green County, Texas, and extending southwesterly a distance of 33.50 feet along the west boundary of said street right-of-way, comprising 301.50 square feet more or less, as depicted on Exhibit A attached”.
  • 288. EXHIBIT APage 2 of 2 pages (Diagram)
  • 289. City of San AngeloMemo Date: November 18, 2011 To: Mayor and Councilmembers From: Robert A. Schneeman, Development Coordinator Subject: Agenda Item for 12/06/2011 Council Meeting Contact: Caption: Regular Agenda Item Consideration and possible approval of an ordinance amending Chapter 12.900 entitled “Tax Increment Reinvestment Zone” of the San Angelo Code of Ordinances by amending Section 12.902, entitled Tax Increment Reinvestment Zone Boundaries; providing for severability; and, providing for an effective date. Summary: At its regular meeting of October 26, 2011 the TIRZ Board reviewed proposed changes to the TIRZ Boundary to add three parcels to the South TIRZ .As a result the TIRZ Board instructed staff to investigate any possible additions to the North TIRZ area and approved the proposed changes to the South TIRZ. At its regular meeting of November 16, 2011 the TIRZ Board approved the proposed revisions to the TIRZ boundary to include the addition of one parcel in the North TIRZ area recommending the changes to the boundary for submittal to Council. History: At its regular meeting of December 19, 2006, City Council approved an ordinance establishing the Tax Increment Reinvestment Zone (TIRZ #1) in North and Central San Angelo. Prior to that date the TIRZ Boundary and Preliminary Project Plan and Reinvestment Zone Financing Plan were prepared by Spillette Consulting. Staff has proposed adding a total of three parcels in the South TIRZ and one parcel in the North TIRZ to the boundary specified previously. The addition in the North TIRZ is intended to consolidate property owned by a single entity, the remainder of whose property in the immediate vicinity is already contained within the TIRZ Boundary. The three additions in the South TIRZ include the Lowes Grocery Store at Main & Harris, a vacant lot at Washington & Oakes and the new SKG Engineering building under construction at Avenue C & Abe. It is anticipated that inclusion of these three parcels will help increase the South TIRZ account. Financial Impact: Varies Related Vision Item (if applicable): Other Information/ Staff recommends approval Recommendation: Attachments: TIRZ Minutes Excerpt 10-26-2011;TIRZ Minutes Excerpt 11-16-2011; Ordinance to Amend Section 12.902; Exhibit A Adopted: 5/30/03 Revised: 6/21/10
  • 290. Presentation: Shawn Lewis, Director of Community & Economic DevelopmentPublication:Reviewed by Shawn LewisDirector:Approved by Legal: 11/30/2011
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  • 292. 26 201112:00 00 : Lee Pfluger, Mike Campbell, Bob Pfluger, Rebekah Brackin, Craig Kinney, Nelly Perez, Roger Allen, & David Mazur : Gerard Gallegos (AU); John Calvert (AU); David Mazur (AE); William Dendle (AE) : Shawn Lewis, Director of Development Services Bob Schneeman, Development Coordinator Nora Regino, Sr. Admin Assistant AJ Fawver, Planning Manager Call to order, establish quorum. The meeting was called to order at 12:00 pm. It was established that a quorum was present. Consideration and possible action regarding modifying the current TIRZ Boundary to include additional areas within the South TIRZ. Shawn Lewis came forward to present this request. He explained that a tax credit project is in the works and the developer discussing this with staff asked that the TIRZ boundary be expanded. By doing research, staff discovered that the project plan for the TIRZ has not been finalized, and thus, the boundaries could be expanded. The expansions proposed by staff include the location of Lowes grocery store, a vacant lot along South Oakes near Avenue D (south of the Paseo), and the new SKG facility on South Abe Street. Bob Pfluger asked how many times the boundaries could be changed. Bob Schneeman explained that this would be the finalization. However, amendments can be made in the future if the appropriate process is followed. Lee Pfluger asked what the timing would be on this. Mr. Lewis replied that it needed to be done by December. Mr. Pfluger asked if they had looked at the northern zone. Mr. Lewis replied that they had not, and Mr. Pfluger urged them to do so. Motion, to adopt the modifications to the South TIRZ as presented and to direct staff to examine possible examination of areas for modification and expansion in the North TIRZ, was made by Craig Kinney and seconded by Roger Allen. The motion passed unanimously, 7-0.
  • 293. 16 201112:00 00 : Lee Pfluger, John Calvert, David Mazur, Bob Pfluger, Rebekah Brackin, Mike Campbell, Roger Allen, Nelly Perez : William Dendle (AE), Gerard Gallegos (AU), Craig Kinney (AE), Rod Villegas (AE) : Shawn Lewis, Director of Development Services Bob Schneeman, Development Coordinator Nora Regino, Sr. Admin Assistant AJ Fawver, Planning Manager Clinton Bailey, City Engineer Blake Wilde, Project Engineer Call to order, establish quorum. The meeting was called to order at 12:00 pm. It was established that a quorum was present. 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. Consideration of approving the minutes from the October 26, 2011 meeting. The minutes were deferred until the next meeting as there was a distribution issue and they were not included in the packets. Consideration and possible action regarding modifying the current TIRZ Boundary to include additional areas within the North and South TIRZ Shawn Lewis, Director of Community and Economic Development, came forward to present this item. He reminded the board that, at their October 26 meeting, they had authorized staff to make three changes to the TIRZ boundary; the first, to add a parcel of property now being built on by SKG Engineering to the southwest contiguous to the area, the second, to include Lowes grocery store on Beauregard and Main, and the third, a vacant piece of property across from Fort Concho. Mr. Lewis also reviewed that the finalization had not been completed for the TIRZ before, and that this presented an opportunity to expand the boundaries. Staff added all Hirschfeld properties into
  • 294. the north TIRZ zone. Staff is asking the board members to approve a) addingthe additional property identified into the north TIRZ zone, and b) shifting thedividing line between the north and south TIRZ.Motion, to include the Hirschfeld property, was made by David Mazur andseconded by Roger Allen. The motion passed unanimously, 9-0.Mr. Lewis continued his presentation, explaining that there is often confusionabout the dividing line between the north and south zones. When originallydrawn, the Multi-Modal facility was deliberately placed in the north zone in theTIRZ. Mr. Lewis explained that this confusion often creates problems whensome property owners are in the zone and their neighbors are just outside.Staff recommends moving the dividing line to Houston Harte leaving just theMulti-Modal facility and related pedestrian amenities in the north zone.Lee Pfluger stated that there are not two zones, only one, and that this is aninternal issue. There will always be issues with differences, and people need tojust learn where the lines are. Johnny Calvert stated that he didn’t see thishelping the situation any. David Mazur disagreed, explaining that HoustonHarte is definitely a dividing line, and has always been assumed as such, andthis makes it clearer. Roger Allen also liked Houston Harte as being thedividing line. Mike Campbell explained that the jog around the Multi-Modal stillcreates problems. Bob Pfluger said he thought moving the entire line toHouston Harte would be easier, but understood that could create some issues.Lee Pfluger said that pulling lots from one area into another (south of HoustonHarte for the first few blocks) would be controversial. David Mazur explainedthat there are mostly warehouses. Mr. Lewis explained that the area inquestion is prime for redevelopment and noted that it could be strategicallybeneficial.There were no other comments and no action was taken.
  • 295. AN ORDINANCE AMENDING CHAPTER 12.